officer, or clerk of the elections, or warden, councillor, county CHAP. 57. clerk, &c., &c., as the case may be,] to which I have been elected [or appointed] in this municipality, and that I have not received, and will not receive any payment or reward, or promise of such, for the exercise of any partiality or malversation, or other undue execution of the said office. So help me God. Oath of office for the auditors. I, A. B., do solemnly swear [or affirm, when the party is entitled to affirm,] that I will faithfully and impartially to the best of my knowledge and ability, execute the office of auditor, to which I have been appointed in this municipality, and that I have not received, and will not receive, any payment or reward, or promise of such, for the exercise of any partiality or malversation, or other undue execution of the said office; and that I have not, during the time preceding my appointment to the said office of auditor, and that I have not since, had, and that I have not now, directly or indirectly, any share or interest whatever in any contract or employment, with, by, or on behalf of the municipal corporation of So help me God. Oath of qualification. 1, A. B., do swear, [or affirm] that I am a natural born [or naturalized] subject of Her Majesty, and that I am by law qualified to be elected to the office of in the municipality of - according to the true intent of Chapter Fifty-seven of the Revised Statutes, and that a correct account, to the best of my knowledge and belief, of the property in respect whereof I claim to be so qualified, is contained in the schedule hereunto annexed. So help me God. SCHEDULE A. County of King's. Each electoral district shall return two councillors, except the Aylesford district, which shall return four councillors. County of Queen's. Three councillors to be returned for electoral district number one. County of Yarmouth. In the district of Yarmouth three councillors shall be returned for electoral district number Two, and one councillor for electoral district number Four. CHAP. 58. TITLE XIV. OF CERTAIN MUNICIPAL AND LOCAL Trustees of pub CHAPTER 58. OF TRUSTEES OF PUBLIC PROPERTY. 1. The grand jury in each county or district shall relic property ap-commend six persons resident therein, out of whom the sions; record to sessions shall appoint three to be trustees of public pro pointed by ses be kept; trus tees a body corporate. Lands and property vested in trustees. Lands leased subject to control of sessions. Leases limited to seven years. Bye-laws, how made. perty; and the sessions upon the recommendation of the grand jury may remove them or any of them; and vacancies shall be supplied by the grand jury recommending double the number of persons necessary to supply the same, out of whom the sessions shall appoint the number required. The Clerk of the Peace shall keep a record of such appointments, removals and vacancies, and the dates thereof. Such trustees shall be a body corporate by the name of "The Trustees of Public Property for the County [or District] of 2. All lands granted, conveyed, reserved or dedicated or which may have been procured, or for twenty years before the passing of this Chapter shall have been used for public purposes in the county or district, whether for the site of any court house, jail or lock-up house, or for the public purposes of the county or district generally, with the buildings and appurtenances thereon or thereto belonging, and all lands and buildings hereafter procured or given for the public purposes of the county or district generally, shall vest in such trustees on their appointment, for the public uses for which the same may have been originally intended. 3. All such lands and buildings shall be leased and managed by the trustees under and subject to the control of the sessions. 4. No lease shall be made hereunder for a longer period than seven years. 5. The trustees may make bye-laws for the better regulation of such lands and buildings and affix penalties for breach thereof; but no bye-law shall be in force until approved by the sessions and filed with the Clerk of the Peace. 6. The trustees shall annually render their accounts in CHAP. 59. writing to the sessions to be by them audited, and when Accounts of approved they shall be filed by the Clerk of the Peace. trustees rendered annually. covered. 7. Penalties incurred under the bye-laws, and rents due Penalties and to the trustees, may be recovered by them in like manner rents, how reas if they were private debts due them; and the trustees shall pay into the county treasury all moneys that they may receive hereunder. trustees county 8. The expenses of the trustees in the exeeution of the Expenses of trust, shall when approved by the sessions form a county charge. charge. perty exempted from operation of chapter. 9. Nothing herein contained shall affect any place of Lands and prodivine worship, burial ground, college, academy, school or any land thereto belonging, or any land belonging to any religious congregation or society, or any lands vested in the supervisors of public grounds under the Chapter "Of Supervisors of Public Grounds," or shall deprive any person of any right lawfully acquired; nor shall anything herein contained affect any lands or buildings now vested in trustees, or the necessary control of the Sheriff over the court house and jail. school lands 10. The court of sessions in each county, where Trustees of school lands are situate not by law vested in the school how appointed trustees of any section, shall annually appoint trustees of such lands. 11. Whenever any vacancy shall occur by death or removal from the county, incompetency, or refusal to act of any trustees already appointed to take charge of any school lands in any township or district in this Province, the sessions may appoint trustees to fill such vacancy who shall have the same power as the original trustees. in certain cases. Vacancies, how filled. CHAPTER 59. OF SUPERVISORS OF PUBLIC GROUNDS. appointed. 1. The grand jury in each county or district shall, on Supervisors, how the application of twenty freeholders of any township, appoint six persons resident in such township, out of whom the sessions shall appoint three to be Supervisors of Public Grounds; and the sessions, upon the recommendation of the grand jury, may remove them, or any of them; and vacancies shall be supplied by the grand jury recommending double the number of persons necessary to supply the same, out of whom the sessions shall appoint the number CHAP. 59. required; and the Clerk of the Peace shall keep a record of such appointments, removals and vacancies and the dates thereof; and such Supervisors shall be a body corporate, by the name of "The Supervisors of Public Grounds. for the Township of Title of public grounds, &c., visors. 2. The legal title of and in all public parade grounds vested in super- and public landings within the township, and of all commons and other lands not belonging to the county or district at large, but which may be acquired or had for the general purposes and uses of the inhabitants of such township, and of and in all buildings thereon being and appurtenances thereto belonging, shall on their appointment vest in the supervisors for the original purposes for which they were intended. Leases of, how made, accounts applied. 3. The supervisors may, by direction of the grand jury filed; rent, how and sessions, lease any such lands not required for public uses for any period not exceeding seven years; and they shall annually render to the sessions an account of moneys by them received for rents and of expenses connected with the letting, to be audited by the grand jury and sessions and then filed in the office of the Clerk of the Peace; and the balance of such rents after deduction of the expenses shall be by the supervisors paid to the overseers of the poor for the township, or, where there shall be more than one poor district in the township, shall be equally divided among the different districts and paid to the overseers thereof respectively. Lands and property excepted of chapter. 4. Nothing in the preceding sections contained shall From operation extend to any place of divine worship, burial ground, college, academy, school, or any land thereto belonging, or any land belonging to any religious congregation or society, or shall deprive any person of any right lawfully acquired, or affect any lands or buildings now vested in Encroachments upon roads, how dealt with; proceedings in trustees. 5. Whenever the supervisors shall deem a road encroached upon or encumbered, and in all cases where a cases of dispute, doubt or dispute shall exist as to the true line of a road or as to which side is encroached upon, the supervisors after ten days' notice in writing to the parties in possession of the land on both sides of the road, where the line is in dispute, or the parties who may have caused the encroachment or encumbrance, of the time and place at which they will investigate the matter, shall repair to the place where the encroachment or encumbrance shall be alleged to exist or the line be in dispute, and there inquire into the facts, and if necessary may then, or at a future day, have a survey made of the road, and examine witnesses, on oath to be administered by a supervisor, touching the matter; and shall after completing the investigation determine and mark out the true line of the road, and direct the same to CHAP. 59. be opened to the full width of sixty-six feet, or to any less width to which it may have been confined by its dedication, and shall by order in writing direct and cause all encroachments or encumbrances to be removed to such distance as they shall determine on; but they shall not cause to be removed any building erected upon the road; but where a building shall be found to encroach thereon they shall report the same to the next sessions, and the sessions shall make such order in relation thereto as may be deemed proper. ing supervisor's der. 6. If any person shall not obey the order of the Super- Fine for disobeyvisor or sessions delivered to him in writing within thirty or sessions' ordays after receiving the same, he shall forfeit four dollars; and if the encroachinent or encumbrance be suffered to remain for a further space of twenty days after the imposition of the fine, the continuance shall be held a new offence, and shall subject the party to a further fine of four dollars; and so in like manner shall every further continuance of the encroachment for twenty days be held a new offence, and the further fine of four dollars be imposed therefor. borne and re 7. The Supervisors may apportion and order the pay- Expenses, how ment of the expenses incident to the proceedings herein- covered. before mentioned among and by such persons as shall appear advisable; and the same shall be recoverable by the parties entitled thereto as if it were a private debt of the like amount. visors, how 8. In any suit under either of the two preceding sec- Order of supertions, the production of a copy of the order of the Super- proved. visors under their hands, or of the order of sessions under the hand of the Clerk of the Peace, proof of the hand writing being in either case given, shall be good evidence of the order, and shall suffice to establish the claim of the plaintiff. 9. The Supervisors shall make a record of their inves- Record to b signed and filed. tigations and order, setting out therein the lines of road by them established, which record shall be signed by them and be returned to the Clerk of the Peace to be filed in his office. order. 10. Any person dissatisfied with the order of the Super- Appeal from visors or of the sessions may appeal therefrom to the next term or sitting of the Supreme Court in the county, where the matters in dispute shall be tried and determined by the verdict of a jury, if a jury shall be ordered by the Court; and pending the appeal, no further proceedings shall be had under the order. 11. If judgment on appeal shall confirm the order, then Costs of appeal, the costs of appeal shall be paid by the appellant, and der confirmed. how paid if or |