CHAP. 23. 3. The grand juries in the several Sessions of the Peace shall annually nominate such number of persons for how nominated town officers as the justices shall direct, of whom the justices shall appoint such number as may be deemed expedient.

Town officers,

and appointed.

Surveyors of

highways, how appointed in

4. If the Grand Jury and Sessions shall not appoint a surveyor of highways or other usual county or township cases of omission officer for any particular district, any two justices of the peace of the township or settlement may make such appointment.

of sessions.

Officers to be

sworn in; fines for certain offences.

Vacancies, how filled.

Custody of town plans, grants,

fee for inspection.

5. The officers so appointed shall be respectively sworn to the faithful discharge of their duty before entering thereon, by any justice of the peace for the county or district where such officers reside, who shall without fee make a record thereof, and shall, within forty days from the time of such swearing into office, forward a list of such officers so sworn as aforesaid to the Clerk of the Peace of such county or district, who shall file the same. Upon refusal to accept office or neglect to be sworn in within fourteen days, or misbehaviour therein, every such officer for each offence shall forfeit eight dollars; and if any justice of the peace shall refuse to swear any of the above officers into office when thereunto required, or shall neglect to certify or forward such list to the Clerk of the Peace as in this section directed, he shall forfeit twenty dollars.

6. If any person so appointed shall die or leave the township during his term of office, or shall not perform the duties thereof, auy three justices may nominate and return a list of three persons to the Custos of the county or district, one of whom shall be selected by the Custos to fill such vacancy. The Custos shall return such list with his selection to the Clerk of the Peace, who shall immediately notify the person selected of his appointment, and the person so appointed shall be subject to the same duties and liabilities as in ordinary cases.

7. All plans, grants, title deeds and conveyances, be&c., provided; longing to any township, or in which the proprietors have a common interest, shall be kept in the custody of the clerk of such township, who may recover possession there. of in an action in his own name; and such documents shall be open for inspection to any person on payment of a fee of ten cents.

Constables, how appointed.

Special constables, when to be appointed, and how.

8. The Sessions for the County of Halifax are authorized upon the recommendation of the Grand Jury, to appoint constables to attend upon the Sessions and the Supreme Court within the county, in the same manner as other town officers are appointed.

9. In case of riot, tumult, or disturbance, or illegal acts of any kind, accompanied with force or violence, or of

a just apprehension thereof, if in the City of Halifax, the CHAP. 23. Mayor and any three of the aldermen, and if elsewhere in the Province, any three of Her Majesty's justices of the peace may, by writing under their hands, appoint any number of special constables to assist in preserving peace and order.

ed and controlled.

10. Such special constables shall, within the City, be By whom directunder the direction of the Mayor or alderman acting as Mayor; and if elsewhere, under the direction of the senior magistrate who has signed their appointment.

sworn.

11. In the City, the Mayor or any alderman, and else- By whom to be where any justice of the peace, may swear in such special constables to the faithful discharge of their duty.

pointment.

12. The appointment of such special constables shall Duration of apcontinue in force for the period of fourteen days from the date of such appointment, unless sooner revoked by the Mayor, aldermen, or justices by whom they were appointed. 13.

prehension of,

ings.

In case of disorder or disturbance which may Disorder, or disoccur at any public meeting or assemblage of persons, the turbance or apMayor or any alderman if in the City, or any justice of at public meetthe peace if elsewhere, upon the request of the chairman of such meeting, or of three or more freeholders, may verbally appoint and swear in special constables, who shall aid in restoring and preserving order and peace at such meeting or assemblage.

fusing to serve.

14. Any person who may be appointed a special con- Constables, restable under the last five sections, and shall neglect or refuse to be sworn into office, shall be liable to a penalty of eight dollars.

constables.

15. The Grand Jury and Sessions may appoint one or Appointment more police constables to act for the preservatlon of the and pay of police public peace and order, and for the enforcement of the laws against crime, vice and immorality in such townships or districts as they shall see fit, and may make regulations

as to the duties to be performed by them, and may provide for their remuneration by salary or otherwise.

16. The funds necessary for such purpose shall be Funds, how raised by assessment upon the districts wherein such offi- raised. cers are appointed, in the same manner as poor and county

rates.

17. Any person who shall by force resist any constable Protection of. or special constable in the execution of his duty, shall be subject to a penalty of not less than two dollars and not more than twenty dollars, to be recovered, if in the City, on conviction in the police court, and if elsewhere, before any two justices of the peace; and, on non-payment, the offender shall be committed to the jail of the county for a period not exceeding thirty days.

CHAP. 23. 18. The justices in session in any county may annually Justices in session appoint a Chief Constable for such county, and fix a salary of not less than one hundred dollars a year, to be paid to chief constable. him out the County Treasury.

in any county

may appoint a

Such constable

to give bonds

before entering

19. Before entering upon the duties of his office he shall give a bond to Her Majesty in the sum of two thouupon his duties. sand dollars, with two sufficient sureties, for the faithful performance of the duties of his office.

Powers and

duties of chief constable.

All constables of the county to

stable when re

quired.

20. Such Chief Constable shall have power, and it shall be his duty to serve and execute all process issued by justices of the peace in civil and criminal matters, and to execute all warrants for county, poor and school rates, to him delivered to be served or executed; and he shall have power to perform all acts and duties now incumbent on constables in criminal and civil cases.

21. All constables of the county, when so required by assist chief con- the Chief Constable, shall be obliged to assist him in the performance of his duties; and any constable refusing to so assist him, without reasonable and just excuse, shall be liable to a fine of not more than twenty dollars, to be recovered as an ordinary debt before any two justices of the peace for the County in the name of the Chief Constable.

Chief constable may appoint deputies.

Additional fees

mons counties

22. The Chief Constable shall have authority to appoint one or more deputies under him, and to remove such deputies and appoint others in their stead at pleasure; and such deputies shall have the same authority to serve and execute process as the Chief Constable has under this Chapter; and the Chief Constable shall be responsible for the acts of his deputies in serving and executing such process.

23. In every county in which such Chief Constable for issuing sum shall have been appointed, there shall be paid to the justice appointing such issuing a writ of summons, in addition to the fees now required by law, by the party suing in a civil suit, where the amount sued for does not exceed twenty dollars, ten cents, and where the amount sued for exceeds twenty dollars, twenty cents, which shall be taxed as costs in the cause; and every justice of the peace shall make a semiannual return under oath, on the first day of June, and the first day of December in each year to the County Treasurer, of the names of the plaintiff and defendant in every such suit, and the fees paid to the justice under this section during the next preceding half year, and at the same Nothing herein time pay over to the County Treasurer the sums to him contained to pre- so paid.

vent other constables from

performing their usual duties.

24. Nothing herein contained shall prevent any other constable from serving and executing any legal process or

from doing any other acts which before the passing of this CHAP. 23. Chapter he could lawfully serve, execute or do.

25. The Chief Constable shall be entitled to the same Fees. fees on service and execution of process as an ordinary constable.

26. No justice of the peace shall be appointed a Chief No J. P. chief Constable.

constable.

27. The Clerk of the Peace shall cause lists of all Lists of officers posted. officers appointed at the Sessions for the several townships or districts to be posted in at least three of the most public places therein within one week from the close of such Sessions.

enter on duties.

28. All such officers, except overseers of the poor, officers when to shall enter upon their duties on the twentieth day from the first day of the sessions; and the old officers shall serve up to that time. Overseers of the poor shall take office at the time now by law provided for the holding of the first town meeting after their appointment; and their predecessors shall discharge their duties of office until then.

demnified.

29. Surveyors of highways shall be indemnified by the Surveyors incounty in cases where they may bring actions under the written authority of two justices of the peace against persons neglecting or refusing to perform their statute labor.

ment.

30. All town officers shall be eligible for re-appoint- Officers eligible for re-appointment annually and may serve in one or more offices. 31. Surveyors of highways shall make their returns to Surveyors of the Clerk of the Peace at least twenty days before the meeting of the Sessions, under penalty of two dollars for each default.

highways to make returns.

salary of county

32. The justices in session may fix the rate of the Justices to fix County Treasurer's salary, not to exceed five per cent. on treasurer. the amount of moneys received by him, unless the Grand Jury grant an additional sum.

33. In cases where the duties of town officers are not Where duties not defined, justices now defined by law, the justices in session shall have power may determine. to determine the same.

34. Persons required to be sworn into office under this Form of oath. Chapter shall take and subscribe the following oath or one to the like effect: "I, A. B., appointed to be do swear that I will well and faithfully perform the duties of the office to the best of my skill and ability"; which oath shall be filed with the justice administering the same.

35. For the purposes of this Chapter the words Definition of "township" and "settlement" shall extend to and include terms. counties or districts, if the context shall require such construction.

CHAP. 24.

Fences, how constructed.

Height of fen

ces.

Damages by cattle, from

CHAPTER 24.

OF FENCES, FENCE VIEWERS, AND IMPOUNDING OF CATTLE.

1. All fences of enclosed lands shall be built of stones, pickets, boards, logs, poles, brush, or posts and rails, unless the lands are bounded by ponds, unfordable rivers, or the sea, or surrounded by sufficient hedges.

2. Such fences shall be at least four feet and a half high, except stone walls and picket and board fences, which shall be at least four feet high.

3. If any damage be done by horses, sheep, goats, whom recovered. Swine, or cattle, breaking into and destroying the product of such enclosures, the same being enclosed at the time with a sufficient fence in the judgment of the fence viewer, the owner of the animals trespassing shall pay to the party injured the value of such damages.

Of the appraisement.

Damages recov

4. The damages shall be ascertained by an appraisement of three persons living in the neighbourhood, being first sworn before a justice truly to value the same, who shall be entitled to a fee of twenty-five cents each.

5. If the owner refuse to pay the amount appraised and erable after no such fees, upon notice thereof, the party injured may maintain an action therefor as for any other debt.

tice.

Partition fences, how erected;

adjusted.

6. The proprietor of a field adjoining another enclosed differences, how and improved, shall build and maintain his proportion of fencing on that part of such land which adjoins his own; and in case of neglect so to do, after three days' notice to that effect, any fence viewer may forthwith cause such deficient fence to be made or repaired, as the case may be; and the person so neglecting shall pay double the expenses of making or repairing such fence, to be recovered by the fence viewer, with costs, as any other debt. If adjoining proprietors differ as to the part or proportion of a new division fence to be made by each, the nearest fence viewer shall decide the same.

Fence viewers'

neglect of duty.

Obligations of

adjoining improved land.

7. No fence viewer shall be allowed more than sixty charges; fine for cents per day for his own trouble and time; and for each neglect of duty, when notified, he shall forfeit eight dollars. Where the owner of land, improved or cultivated, owners of land shall have made, or hereafter shall make, his proportion or one-half part of the fence separating his land from the improved or cultivated land of the adjoining proprietor, of permanent or durable materials or growth, to be deter mined as hereinafter provided, he shall not, nor shall any person claiming under him, be required to erect or repair the fence in any other place as between his land and that of such adjoining proprietor, or any person claiming under