Counsel to conduct Criminal proseσαι ίσων -- and to tax Costs and Counsel Fecs not exceeding £7 10 Necessary services and ex penses only to be allow ed taxed amount CAP. XIII. An Act to provide for the payment of certain Expenses attending Criminal Prosecutions. BE it enacted, by the Lieutenant-Governor, Council and Assembly, That when ever, in the absence of His Majesty's Attorney-General and Solicitor-General, from the Supreme Court, or any Court of Oyer and Terminer, it shall appear to the Judge or Judges of the said Court expedient and necessary to appoint any one Counsel, learned in the Law, to conduct and manage for and on behalf of His Majesty, the proceedings and trial of any Criminal Prosecutions, depending before the said Court, it shail and may be lawful for the said Court to direct any King's Counsel present therein, or, in his absence, to appoint from among the Barristers attending thereat, some one competent person to conduct and manage such proceedings, and to tax and allow to him for his services such reasonable fees as he would have been entitled to for the like services, as the Attorney of any Party in a Civil Action, together with such reasonable Counsel fees, not exceeding for any one Prosecution the sum of Five Pounds, as the said Court shall deem adequate to the services performed on such prosecution. Provided always, that the Costs to be taxed under this Act, shall in no one case exceed the sur of Seven Pounds and Ten Shillings for all writings and papers, and for Counsel fees therein. 11. And be it further enacted, That on the allowance and taxation of the said expenses, of prosecution, the said Court shall not allow for any but necessary services and expenses, and twenty-four hours previous notice of the time of taxation, shall be given to the Clerk of the Crown or his Deputy. III. And be it further enacted, That upon the production of the Certificate under the Certificate of Seal of the said Court, of the amount so taxed and allowed to any such Counsel for his services in any such prosecution, it shall be lawful for the Governor, Lieutenant-GoverWarrant to be nor, or Commander in Chief for the time being, to grant his Warrant therefor upon the Treasurer of the Province, who shall, and he is hereby required to, pay and satisfy the amount thereof to the person named in the Certificate or his order. drawn for IV. And be it further enacted, That in all cases where the party prosecuted shall be convicted, and be found by the Court of ability to pay the expenses of prosecution, to be taxed under this Act, the said Court shall, and is hereby required, to adjudge such expenses when Defendant to pay the expenses of prosecution, and shall issue Execution accordingly, and the amount levied shall be paid to the Treasurer of the Province. Party prosecuted 13 pay able CAP. XIV. 4, Win, 4, C. Continued by An Act to continue, alter and amend, the Act to regulate the Expenditure of Monies hereafter to be appproriated for the service of Roads and Bridges. 33 Seu S, Geo. 4, Act 4th and 5th Geo. IV, C. 14 continu tions B E it enacted, by the Lieutenant-Governor, Council and Assembly, That an Act, made in the Fourth and Fifth Years of His present Majesty's Reign, entitled, ed with excep- An Act to regulate the Expenditure of Monies, hereafter to be appropriated for the service of Roads and ridges, and every matter, clause and thing, therein contained, except such parts thereof as are hereby altered and amended, be continued, and the same are hereby continued for three years, and from thence to the end of the next Session of the General Assembly. Commissioners -continnanee II. And be it further enacted, That each and every person appointed a Commissionof Great Heads er, upon any of the Great Post Roads of this Province, shall remain in office for and during the continuance of this Act, unless sooner removed by the Governor, Lieutenant-Governor, or Commander in Chief for the time being, upon the representation of the House of Assembly, or otherwise. 12 office be defined in III. And be it further enacted, That the Commission for each Person so appointed a Limits of ComCommissioner, upon the said Great Post Roads of this Province, shall define the extent missioners to and limits of the Division of such Road placed under the charge of such Commissioner, their Commiswho shall have the expenditure of all grants of Money, from time to time, for the repair ions of such Roads within such limits; and shall have, at all times of the year, the superintendance of the division of Road for which he shall be so appointed. tions of Gover half yearly IV. And be it further enacted, That each of the said Commissioners upon such Roads, Commissioners shall from time to time be governed by the Instructions of the Governor, Lieutenant- to be governed Governor or Commander in Chief for the time being, in the expenditure of the Monies by the c granted for such Roads, and in cases where no such Directions or Instructions shall be nor given, they shall in all things conform their proceedings to the directions contained in the Act hereby continued. And each Commissioner shall report half-yearly to the Gover- And to report nor, Lieutenant-Governor, or Commander in Chief, the state and condition of the Roads and Bridges in his Division, for his information, and for the consideration of the Legislature. Provided always, That it shall and may be lawful for the Governor, Lieutenant-Governor, or Commander in Chief for the time being, to appoint a special Special Com Commissioner as heretofore, for the expenditure of any separate Grant or Grants of missioner may be appointed Money, for the repair of any part of such Great Post Roads, or the Bridges on such Roads. Road Votes and names of Commissioners in Gazette V. And be it further enacted, That instead of the Commissions heretofore issued for Publication of the expenditure of Monies upon other Roads in each County and District, that it shall and may be lawful for the Governor, Lieutenant-Governor, or Commander in Chief for the time being, to publish the names of the several Commissioners to be appointed by the authority of the Act hereby continued, in the Royal Gazette, together with the several sums of money each Commissioner is appointed to expend, and the several lines of Road upon which the same are to be expended. Which publication shall be the appointment of such Commissioners respectively, and such Commissioner, upon giving se. curity as required by the Third Section of the Act hereby continued, shall and may pro- Commissioners ceed in the execution of his Office, as such Commissioner, without any other or further appointment, any thing in the said Act to the contrary notwithstanding. Sufficient ap pointinent of Labour VI. Provided always, and be it further enacted, That the labour to be performed Time limited on all Roads within this Province, either under the superintendance of the Surveyor of for performHighways, or the Commissioners of Roads, under this Act, or the Acts, or any of them, ance of Road herein mentioned; as also, all sums of Money appropriated or hereafter to be appropriated for Roads and Bridges, except in cases where new Roads are to be opened or Bridges repaired or built, shall be done, performed, expended and applied, on all Roads within this Province, between the twentieth day of May and the twentieth day of September, in each year, unless the Governor, Lieutenant-Governor, or Commander in Chief, shall otherwise specially order and direct, with respect to any of the Great Post Roads of the Province. And whereas, The regulation contained in the twelfth Section of the Act hereby continued, has in some cases been found prejudicial to the Public Service: Commissioners VII. Be it therefore enacted, That it shall and may be lawful for the Governor, Sum to be exLieutenant-Governor, or Commander in Chief for the time being, by and with the ad- pended by vice of His Majesty's Council, in case it may be found necessary to authorize any Com- extended missioner of Roads hereafter to be appointed, to superintend the expenditure of a larger sum of money than Five Hundred Pounds, any thing in the said Act contained, to the contrary notwithstanding. VIII. And be it further enacted, That this Act shall continue and be three years, from and after the passing thereof, and from thence to the end next Session of the General Assembly. in force for Continuation of of the then Act H CAP. XV. Expired CAP. XV. An Act to regulate the introduction of Passengers, in Vessels arriving in this Province, questo CAP. XVI. An Act relating to Coroners and their Fees. WHEREAS the present compensation allowed by Law to Coroners, for holding Inquests, has been found inadequate : 1. BE it therefore enacted, by the Lieutenant-Governor, Council and Assembly, That, Returns of In- from and after the publication hereof, every Coroner within this Province shall return each and every Inquisition by him taken, on view of any deceased Person, before the next sitting of the Supreme Court, in the County or District wherein such Coroners shall have Jurisdiction, to the Clerk of the Crown, or his Deputy, for such County or District, who shall thereupon file the same, and, without fee or reward, give to such Coroner a Certificate of such Inquisitions having been so returned and filed with him, and therein state the day and year when such Inquisition was taken, and when returned and filed as aforesaid; and upon such Certificate of the Clerk of the Crown, or any one of his Deputies, being filed with the Secretary of the Province, it shall and may be lawful for the Governor, Lieutenant-Governor, or Commauder in Chief for the time being, by Warrant under his Hand and Seal, to direct that there be paid to any such Coroner, for each and every such Inquisition so taken, returned and filed, as aforesaid, the sum of Fifty Shillings, from and out of the Treasury of the Province. Allowance to Jurors II. And be it further enacted, That the said sum of Fifty Shillings shall be in full of all demands against the Province, for and on account of such Inquest, to be made by Allowance to any Coroner under this or any former Act or Acts what scever, and the said Coroner shail apply Twelve Shillings thereof to pay the Jury's Fees, and Two Shillings and Six l'ence to pay the Constable's Fees, and if there be any further necessary or extraordinary charge attending such Inquest, or the burial of the body of the deceased person or persons, such charge shall be defrayed by the County or District wherein such Inquest was taken; Provided, that an account of items be rendered by the Coroner taking such Inquest to the Court of General Sessions of the Peace, and approved of by the Grand Jury in the usual manner. Allowance to Summoning a III. And be it further enacted, That hereafter, when any Coroner, in any County, District, Town or Place, within this Province, shall be called upon and required to hold any Inquisition, on any person deceased, when by Law such Inquisition shall be necessary, such Coroner shall forthwith, either personally summon and require a Jury of the Inhabitants of the County, Town or Place, where such Inquisition is beld, to attend him, on such Inquisition, or shall make out, and deliver to some Constable or Constables of the County, Town or Place, wherein such Coroner has Jurisdiction, a Warrant or Precept, commanding such Constable or Constables to summon a Jury to attend such Inquisition, at a certain time and place therein to be appointed, and such Jurors shall attend accordingly. And whereas, doubts have arisen, whether any Inquest can be legally held on Suaday, and it is expedient that Coroners should have authority so to do, if it be necessary: IV. Be it therefore enacted, That it shall and may be lawful for any Coroner to held on Sunday proceed to hold and take any Inquisition cn view of any deceased Person on Sunday, where he shall deem it proper and requisite, any Law, usage or custom, to the contrary notwithstanding. Inquest may be CAP. XVII. CAP. XVII. An Act to continue and amend the several Acts of the General Assembly, for raising a Revenue to repair the Roads throughout the Province, by laying a Duty on Persons hereafter to be Licensed to keep Public Houses and Chops for the Retail of Spirituous Liquors. CAP. XVII. Exgired An Act to alter and continue the Acts now in force to provide Expired for the support of His Majesty's Government in this Province, and for promoting its Agriculture, Commerce and Fisheries, by granting Duties of Inpost on Wine, Braudy, Gin, Rum, and other Distilled Spirituous Liquors, Molasses, Coffee and Brown Sugar. CAP. XIX. An Act to continue an Act, entitled, An Act in further addi- Expired tion to the Act relating to Wills, Legacies and Executors, and for the Settlement and Distribution of the Estates of Intestates. CAP. XX. Amended by 10, Geo. 4, C. An Act for the more effectually enforcing the Inspection, and 30 encouraging the Exportation, of Pickled Fish. BE it enacted, by the Lieutenant-Governor, Council and Assembly, That, from and and contin ued and amended by 3, W. 4, C. 39 Barrels and size and the which they must be made after the first day of September next, all Barrels, Half Barrels and Tierces, in Terces-their which Pickled Fish, either for exportation or home consumption, are packed (for sale), materials of shall be made of sound well-seasoned timber, free from sap, and constructed of Staves of the thickness not less than halfan inch in the thinnest part, if made of hard wood, or three fourths of an inch when made of soft wood, and shall have the bung stave made of hard wood, with heading well seasoned and planed, and free from sap. The barrels, half barrels, and tierces, to be well hooped, with at least four hoops on each bilge, and four hcops on each chime. The barrel staves to be twenty-eight inches in length, and the heads to be seventeen inches between the chinies, and to contain not less than twentynine, nor over thirty gallons; the half barrels to contain not less than fifteen gallons and the tierces to contain not less than forty-five, nor more than forty-six gallons. of Chief In II. And be it further enacted, That for the purpose of carrying into effect the regulations and intent of this Act, it shall and may be lawful for the Governor, Lieutenant- Appointment Governor, or Commander in Chief for the time being, to appoint and commission a Per- spectors and son well skilled in the duties of his office, who shall be the Chief Inspector of all the Deputy faPickled Fish put up within this Province, and who shall reside in the Town of Halifax; who, spectors Duties of Inspectors Exporters of Fish to produce Certifi eates of their spected to Collector of Impost and Ex who, before he enters on the duties of his office, shall give Bonds with three sufficient sureties to His Majesty, His Heirs or Successors, in the penal sum of Five Hundred Pounds, for the faithful discharge of his duty, and shall be sworn faithfully to perform the same. And such Chief Pickled Fish Inspector, when so qualified, shall have power to appoint Deputy Inspectors, with the sanction of His Excellency the Governor, who shall be removable by him at pleasure, with the same sanction, in every Sea Port or other Town within this Province, where it shall be deemed necessary to pack such Pickled Fish for exportation or otherwise; for whose official conduct he shall be answerable, and shall take Bonds from them to himself, and Successor in Office, with sufficient Sureties, in a sum not exceeding Two Hundred and Fifty Pounds; and the said Deputies shall also be sworn to the faithful discharge of their duty. III. And be it further enacted, That it shall be the duty of the Chief Inspector of Pickled Fish, or his Deputy, or some one of them, to see that Mackarel, Salmon, Shad and all other kinds of split Pickled Fish, or Fish for barrelling or exportation, have been well struck with salt or pickle in the first instance, and preserved sweet, free from rust, taint or damage. And such Fish as are in good order, and of a good quality, shall be packed in tierces, barrels or half barrels. The tierces shall contain Three Hundred Pounds, the barrels shall contain Two Hundred Pounds, and the half barrels One Hundred Pounds of Fish each, and the same shall be packed with good and clean Salt, suitable for the purpose; and said casks, after being packed and headed up with the Fish, and sufficient Salt to preserve the same, shall be filled up with a clear strong Pickle, and shall be branded Mackarel, Salmon, Shad, or as the case may be. Those of the best quality, to be most approved and free from damage, shall be branded No. 1; those that remain after the best bave been selected, being sweet, and free from taint, rust or damage, shall be branded No. 2; and there shall be a third quality, which shall consist of the thinnest and poorest of those Fish, which are sweet and wholesome, that shall be branded No. 3; and the Inspector shall also brand in plain and legible letters on the head of each and every cask in which inspected Merchantable Pickled Fish, or whole Fish, are packed or repacked, the initials of his Christian Name, with his Sur-name at large, the name of the Town for which he is appointed, and Nova annexed, for NovaScotia. Each cask shall be filled with Fish of one and the same kind; and if any Person shall intermix, take out or shift, any inspected Fish, which are packed and branded as aforesaid, or put in other Fish for sale or exportation, contrary to the true intent and meaning of this Act, he or they shall forfeit and pay the sum of Five Pounds, for each and every tierce, barrel or half barrel, so altered; Provided however, if any casualty should render it necessary to repack a cask of inspected Fish, it may in all cases be done by an Inspector of such Fish. And if any Person shall sell or export, or cause to be sold or exported, within or from this Province, any tainted or damaged Fish, he shall forfeit and pay the sum of Five Pounds, for every hundred weight that shall be thus sold or exported. IV. And be it further enacted, That no Pickled Fish shall be exported from this Province in casks, by water, unless the Master or Owner shall produce to the Collector of Impost and Excise, or any other Officer, who may be authorized by His Excelhaving been in- lency the Governor, a Certificate from the Chief Inspector or his Deputy, that the same has been inspected, packed, and branded, according to the directions of this Act; and the Certificate shall express the number of barrels, half barrels, and tierces, thus shipped; the kind and quality of Fish they contain, with the name of the Master and Owner, or Shipper, and the name of the Vessel on board which such Fish are shipped for exportation; and every such Master, Owner, or Shipper, shall take and subscribe the following Oath before the Officer authorized as aforesaid-I, A. B. do swear, according to the best of my knowledge and belief, the Certificate hereunto annexed contains the whole quantity of Pickled and Barrelled Fish, on board the Master, and that no Fish is shipped on board said Vessel, for the Ship's Company, or on freight or cargo, but what is inspected and branded, according to the Law of this Province. So help me God. |