each surveyor, and the number of days which each person CHAP. 46. shall be liable to perform; and the sessions shall make such regulations to secure the due notification of the surveyors as to them may seem proper; and two days' labor shall be remitted to the person with whom the assessment roll is so lodged.

22. All moneys collected by surveyors of highways and Expenditure of commissioners of streets shall be expended by tender and moneys. contract, or by public auction, after three days' notice in writing posted in at least two of the most public places in the district, unless in the opinion of the surveyor or commissioner it would be more advantageous to the public

to be attested.

that such expenditure should be by day's work; and in By day's work cases of expenditure by day's work, the surveyor or commissioner shall make oath to his accounts in the same form as in the expenditure of government road money.

veyor for neglect.

23. Each surveyor and commissioner who shall by Penalty on surneglect or misconduct cause the loss of any statute labor, shall be liable to pay double the amount of such statute labor, to be recovered as debts of that amount are now How recovered and applied. recoverable: such amount to be proceeded for within two years, and when recovered to be applied as follows; onehalf for the roads within the county or district, and onehalf to the prosecutor.

24. Every surveyor or commissioner for any other Penalty, neglect of duty shall be liable to a penalty of eight dollars, to be recovered and applied as in the last preceding sec

tion.

25. The surveyor of statute labor shall retain out of Pay of surveythe moneys in his hands the sum of one dollar for each and ors. every day which he is obliged to attend on the road, over and above the number of days which he is liable to perform under this Chapter.

minors, how re

26. All fines and forfeitures incurred by minors under Forfeitures by this Chapter may be recovered from the parents, masters covered. or guardians of such minors with whom such minors reside, or who have a right to receive their wages, in the manner provided in the next following section.

recovered and

27. Forfeitures under this Chapter shall be sued for and Forfeitures, how recovered by the surveyor or commissioners by their name applied. of office as surveyor of highways or commissioners of streets for the place for which they have been appointed, or in the individual names of them or any of them, or by and in the name of any person who will sue therefor, and in any case in the same manner and with the like costs as if they were private debts; and, when recovered, shall be applied by the surveyor or commissioners to the repair of the highways.

CHAP. 46.

Form of return.

General inspectors.

Blank forms how furnished.

Clerk of peace

o prosecute surveyors.

28. Returns of statute labor shall be made in the form in the Schedule hereto annexed.

29. The general sessions in each county or district may once in each year appoint one or more general inspectors of statute labor, whose salary and duties shall be fixed by such sessions.

30. Blank forms of surveyor's returns of highway labor shall be furnished from the Provincial Secretary's office, and forwarded to the clerks of the peace on application made for that purpose.

31. It shall be the duty of the Clerk of the Peace to prosecute delinquent surveyors for neglect or breach of duty under sections twenty-three and twenty-four of this Chapter.

Account of expenditure of moneys collected from commu. tations, fines, &c., as per foregoing return.

Names of laborers.

Days Days with

men.

team.

Rate per Dols. cts. Contracts & Materials. day.

N. B.-In case any portion of the labor is performed by contract, the date, name of the contractor, and particulars of the contract, to be set forth in the right-hand column.

CHAP 47.

CHAPTER 47.

OF THE PRESERVATION OF ROADS.

1. If any person shall illegally alter or encroach on a Fine for alterapublic highway or private road laid out and established tions or enby law, he shall forfeit twenty dollars.

croachments.

for encumbering

2. A justice of the peace on his own view, or on the Justice may fine oath of a witness, may impose a fine not exceeding four roads. dollars on any person who shall encumber any road or bridge by placing anything thereon, to be levied by war- Fine how levied. rant of distress on the offender's goods, or, in case the of fender shall not be known, by sale of the encumbrance; the surplus, if any, being retained for the owner when discovered. It the encumbrance shall be continued, it shall be deemed a new offence.

of sessions.

3. The sessions may make regulations for preserving side paths prethe side paths of any public highway, except within the served by order City of Halifax, from being injured; and every person guilty of a breach of the regulations shall forfeit not less than one nor more than ten dollars.

ing trees, &c.,

4. It any person shall destroy or injure any trees or Fine for destroyunderwood growing upon the land lying between any river, between rivers lake or arm of the sea, and any public highway, running and highways. within thirty feet of the margin thereof, he shall forfeit a sum not exceeding eight dollars.

&c., banks not

5. If any person shall injure or destroy any trees or Roads near set, underwood growing at any place where the bank shall not to be injured. be of greater width than twenty feet from the side line of the road to the waters of any river, sea or harbor, or shall, from any place above high water mark where the bank shall not be of greater width than before mentioned, unless for agricultural purposes in a cultivated part thereof, carry away from the bank any earth or stones, or shall take from out of the bank where not of greater width than before mentioned any earth or stones near the roots of any trees or underwood, whereby the trees or underwood shall be injured or destroyed, he shall forfeit for every offence eight dollars; and, in default of payment or goods whereon to Penalty. levy, he shall be committed to jail for not less than ten nor more than thirty days.

forfeited.

6. All encumbrances found on the ditches of the roads Encumbrances shall be forfeited, and may be disposed of by the surveyor of highways without any legal proceedings; and the proceeds shall be applied by the surveyor to the repair of the road.

7. No person shall ride or drive any horse at full speed Disorderly or in a disorderly manner in the public street or highway &c.

driving; penalty,

CHAP. 48. in any town or village. Persons violating this provision. shall forfeit a sum not exceeding four dollars for each of fence, to be recovered as directed in the sixteenth section. 8. No person shall trot or gallop any horse over a bridge, within or partly within this Province, of greater length than twenty-five feet.

Bridges protected.

Carriages on runners driven with bells.

Width of carriages on run

ners.

Width of loads of hay.

Unloaded sleds.

Centre of highway to be left on the right.

Persons passing in carriages to leave space on left.

Carriages standing.

Fines for offences, when to

9. Carriages on runners driven on the highway shall have affixed to the harness two good open bells or four good round bells, such as are commonly used in sleighs. 10. Carriages on runners used for the conveyance of loads on the highway shall not be less than four feet wide from outside to outside.

11. No load of hay or straw of greater width than fourteen feet shall be drawn on any highway.

12. No unloaded sled shall have pointed stakes standing, or frames or projecting pieces outside.

13. Persons in driving upon the highway shall leave the centre of the road on their right hand.

14. Persons attempting when driving to pass another carriage on the highway heading in the same direction, shall leave a sufficient way open on their left hand for the carriage which they are about to pass.

15. Carriages standing on the highway shall not be nearer the centre of the road than eighteen inches and on the proper side thereof.

16. Persons violating any of the provisions of the last be prosecuted. eight sects shall for each offence forfeit two dollars, and in default of payment or goods whereon to levy, shall be committed to jail for not more than forty-eight hours; but the prosecutions must be commenced within forty-eight hours after the offence.

How applied.

17. Forfeitures under this Chapter not specifically appropriated shall be applied under the directions of the sessions to the repair of roads and bridges.

Old roads may be closed by ses

scribed.

CHAPTER 48.

OF CLOSING ROADS.

1. Where a line of road has been altered and the old sions on petition; road has been abandoned by the public as a general proceedings pre- thoroughfare, any of the proprietors of land adjoining the old road may, by petition stating the facts and the names of all persons interested in the lands on either side of the road, apply to the sessions to shut up or otherwise dispose.

of the same; which petition shall be accompanied by an CHAP. 49. affidavit that at least thirty days previous notice in writing of the application has been given to the parties interested, and posted up in two public places near the road; and the sessions shall hear the parties applying, and their witnesses, and also the parties notified, if they shall desire it, and their witnesses, and shall make an order either dismissing the application or granting or modifying the same. PerSons dissatisfied with the order may appeal therefrom within ten days' to the next sitting of the Supreme Court; and the Clerk of the Peace shall thereupon return the proceedings to the Supreme Court, who shall examine them, and, if deemed advisable, hear the parties appearing and their witnesses, and shall make order as shall seem right therein. The order of the sessions, if not appealed from, and the order of the Supreme Court in case of appeal, to be conclusive.

be heard; ap

2. Persons, although not interested in lands adjoining Parties who may or near the road, and their witnesses, may be heard against peal allowed. the closing or disposing thereof, and may appeal from the

order of sessions.

adjoining lands

prietor.

3. If any land adjoining the road shall have been the Where owner of property of a person deceased and be not divided among dead, who to be his heirs, the representatives of the deceased person and considered prothe guardian of his minor children, if any, and the person in possession of the land, shall, for the purposes of this Chapter, be considered the proprietors.

CHAPTER 49.

OF COMMISSIONERS OF STREETS.

1. The jurisdiction of the commissioners shall be con- Jurisdiction of fined to the limits following, that is to say:

For Maitland.

commissioners defined.

From Richard Anthony's east line to the Five Mile River' Maitland. and along the Kennetcook road to Rocky Brook.

For Windsor.

To such parts of the Town as extend from Smith's Island Windsor. to the northward and eastward as far as the bridge over the Trecothick Creek, on the main road leading out of the Town of Windsor, as far as the Church, and on the southward and westward to Falmouth Ferry.