authorizes two or more justices of the peace, and the overseers of the poor, to take charge of infected persons, and those who come from suspected places, and to separate them from neighbors, to prevent the spreading of the contagion, and to maintain them, &c. and also points out the mode of defraying the expense, if they should be paupers. Their settlement is first liable to refund it-if they have not any settlement it is to fall on the provincial treasury. Halifax town is exempted from this act's operation Regulations respecting inoculation are given in the same act.(New measures on the subject of quarantine and contagion, are before the legislature.)

Amusements.

As there is nothing more calculated to benefit the health of body and mind than amusement moderately pursued; this subject is in some degree connected with the last. I have placed them together, as the provincial laws on both these subjects are designed to protect the moral and physical well being of individuals.

1. Gaming. The provincial act of 1759. 33, G. 2. c. 1. 1, P. L. 46. contains a number of regulations to prevent gaming. It declares all public gaming, lotteries and public gaming tables to be nuisances, (section 1,) [and empowers any two or more justices of the peace, to enter any house suspected of keeping gaming tables, and to direct their removal within 48 hours. If this order be disobeyed, the justices may "break and prostrate" the tables, and bind over the keepers, either to good behavior for 12 months, or for their appearance at the next Quarter Sessions, where on conviction they may be either fined or imprisoned. (Sec. 5.) The same act annuls all notes of hand or other securities, whether personal, or on real estate, which shall be given for money lost at play, or for bets on the game, or for money lent to the players (knowingly).

Real securities when given for such purposes, are transferred by the act to the benefit of the next heirs of the gamester, (Sec. 1.)

Sec. 2.-Entitles any person who shall lose above 20s. at one sitting or in 24 hours, to prosecute and recover the loss within a month, and a common informer may sue for the amount during the next month; one half to the prosecutor, and the rest to the poor of the town. Parents, guardians or masters, may sue for what minors have lost at play, by sec. 3.

Sec. 4.-Imposes a penalty of five times the amount on a fraudulent winner to be sued for, by any person who chooses.

Sports.-Sports, games, and pastimes, are forbidden to be used on the Lord's Day, and a fine of 10s. for each offence is incurred. Masters and parents are liable to this fine, if they suffer a servant or a child to transgress this law. Conviction must be on the oath of one credible witness, before a justice of the peace, or upon view of a justice. Act of 1761, 1, G. 3, c. 1, s. 2. 1, P. L. 65. See Ante. p. 188.

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3. Guns. Unnecessarily firing out of any " "ket, pistol, or other fire arm"-in any town, urbs of any town, is made liable to fine of 10s. ty has no effects to 24 hours imprisonment in the gaol. The fine may be imposed by one justice on the oath of a credible witness, and levied by warrant of distress: provided the complaint be made within 12 hours. Forfeitures half to the prosecutor and half to the government. Act of 1758, 32, G. 2, c. 25. 1, P. L. 37, extended by act of 1807, 48, G. 3, c. 21. 2, P. L. 22.

4. Fire-works.-The Provincial act, 2 G. 3, c. 4, 1 P. L. 79, passed in 1762, declares the manufacture of fire works unlawful and a nuisance, and imposes 40s. fine on

any person who shall make, give, expose to sale or sell them, or shall use them in any public place, or permit them to be used on their premises-recoverable before one justice-half to the poor and half to the informer The military commanders are excepted from the operation of the act, and so is the governor, and his subordinate officers. Bonfires are not to be made within 300 yards of buildings, stacks of hay or corn, under 40s. penalty. Sec. 4.

5. Game.-The provincial act of 1794. 34, G. 3. c. 4. 1, P. L. 333. for the preservation of partridges and blue winged ducks, amended by act of 1813. 53, G. 3. c. 16. 2, P. L. 113. forbids the killing of partridges between the first of March and the first of October, and the killing of blue winged ducks from the first of April to the first of August. 10s. fine is imposed for each offence, and the purchaser or possessor is equally liable to be fined. One justice may impose the fine on oath of a credible witness, or on confession of the offender, and it is to be levied with costs on the person or property of the party. The infor- . mer receives the whole fine. Indians and poor settlers may, notwithstanding, kill those birds for their own use, by sec. 3, act 1794. The act of 1816. 56, G. 3. c. 5. 2, P. L. 200. fixes a similar fine on the killing or obtaining snipes or woodcocks, between the first of March and first of September, under the same regulations and exemptions, as in the last mentioned acts. See laws respecting fishery, p. 151. 152

BOOK I.-CHAPTER X.

MILITIA AND BILLETING LAWS.

The last chapter related to the protection of health, this has for its object the protection of the community from foreign enemies. The sedentary militia comprises all the male inhabitants of the province, capable of bearing arms. It is regulated by annual acts of the assembly. The laws at present in force on the subject are the act of 1820, 1821, 1 & 2, G. 4, c. 2, 3 P. L. 73. of 1823, 4, G. 4, c. 4, 3 P. L. 147. of 1826, 7, G. 4, c. 16, 3 P. L. 261, act of 1828. 9, G. 4, c. 26, act of 1829, 10, G. 4, c. 39, and continuing act of 1830, 11, G. 4, c. 13. These acts regulate the militia. The act of 1808, 48, G. 3, c. 2, 2 P. L. 44, of 1811, 51 G. 3, c. 5, 2, P. L. 67, of 1813, 53, G. 3, c. 17, 2 P. L. 113, and continuing act of 11, G. 4, 1830, c. 17, direct the mode of billetting and accommodating the militia, and regulars, when marching in the province. The details of these acts are very numerous and minute, and they are calculated to meet any exigencies that may arise. At present however, the whole duty required is two days attendance, or a fine in compensation for absence. Every one between

16 and 60 if well, is bound to turn out. No one is obliged to travel further than 12 miles to the place of training. These laws provide against the infliction of severe military punishments, and they also forbid the commanders carrying militia out of the province, without their own consent. Act of 1820, 3, P. L. 73.

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Sec. 1.-Every resident from 16 to 60 years of age, (with certain exceptions) to be enrolled and serve in the militia of the place where he lives.

Sec. 2. The militia to be divided into regiments by counties and districts, and these may be subdivided by the governor into batallions; batallions to consist of not less than 300, nor more than 800 men each, and a district to be set off for every battalion. Companies also are to be set off by districts for the convenience of assembling, except flank companies. A company to consist of not less than 30, nor more than 80 men, &c.

Sec. 5.-Directs that those who volunteer to serve in artillery or flank companies, must be enrolled for 5 years, and continue that term, unless they remove from the county or district, or are discharged by the commanding officer of the company.

Sec. 9.-Imposes 10s. fine on persons neglecting to enrol themselves in the militia company where they live, and 5s on youths arriving at the age of 16 who neglect to enrol themselves.

Sec. 10. If a dispute arises as to the age of a militia man, the burthen of proof lies upon the militia man.

Sec. 12.-Directs bonds to be given by militia men for the care of muskets, &c. when issued to them, in the penalty of £5.

Sec. 13.-Gives a fee of 1s. to be paid by the person giving such bond, of which sum half is to go to the clerk of the company, for filing up the bond, and the other half to the clerk of the peace for filing it.