use and protec

8. (1) The Governor-in-Council shall have power Regulations for to make regulations for the use and protection of the tion of highway highway or any portion thereof, and in particular but without limiting the generality of the foregoing, respecting

(a) traffic on highways;

(b) the weight of horse drawn vehicles and the contents thereof upon the highways;

(c) the width of tires on the wheels of vehicles;

(d) the conveyance of articles of burden, goods, wares, and merchandise on the highways;

(e) the use of chained or armoured tires on motor vehicles.

The Governor-in-Council may prescribe penalties for the violation of such regulations recoverable under the provisions of The Summary Convictions Act.

close highway

expedient.

(2) The Minister shall have power to close any Minister may highway or any part of any highway to all traffic when deemed or to any class or classes of traffic for such time and from time to time as he deems expedient, or from time to time to prescribe the terms and conditions on which all traffic or any class or classes of traffic will be permitted on any highway or on any part of any highway.

If any person uses such highway or such part of any highway and is not entitled so to do, or if he uses the same contrary to any of such terms or conditions he shall be liable on summary conviction to a penalty not exceeding Fifty Dollars.

8. Section 9 of the said Chapter is repealed.

9. Section 10 of the said Chapter is amended as follows:

8. 9 repealed.

8. 10, clause (6) subsituted.

Clause added.

S. 11 amended.

S. 12 repealed; substituted.

Cities and Towns Highway Tax.

Sum required, how raised, levied, etc.

(a) By striking out Clause (6) thereof and substituting therefor the following:

(6) all sums which may be voluntarily contributed by any municipality, city or town or by any corporation, or by any association or person, for any improvement or repairs to any highway, and the same may be received by the Minister and shall be expended by him for the purposes for which such contributions were made.

(b) by adding thereto the following:

(7) all sums paid as taxes under the Gasoline Tax Act, 1926.

10. Section 11 of the said Chapter is amended by striking out the words "by the Board" wherever the same occur therein.

11. Section 12 of the said Chapter is repealed and the following substituted therefor:

12.

(1) Beginning in the year A.D. 1927, every city and every incorporated town in the Province shall annually, and not later than the thirtieth day of June in each year, pay to the Provincial Treasurer for the use of His Majesty a tax (to be called "The Cities' and Towns' Highway Tax"), the amount of which shall be a sum equal to one-tenth of one per cent of the value of all property and income rated or rateable for the ordinary purposes of the city or own, as he case may be, according to the then latest assessment made under the provisions of the statute or law in that behalf.

(2) Every sum required for the purpose of this Section shall be deemed to be one of the sums required for the ordinary lawful purposes of the city or town as the case may be, and such sum shall be raised, levied and collected by or for the city or town, as the case may be, in the same manner and in all respects as other sums required for the ordinary lawful purposes of the city or town, as the case may be, are raised, levied and collected.

Interest on overdue pay

(3) If the amount or any part thereof due by any city or town for any tax under this Section is ments. not paid when the same is due, then interest at the rate of six per centum per annum shall be payable thereon or on such part thereof from the day on which the same was due until it is paid.

and recoverable

(4) The amount due by any city or town for any Tax, a debt due tax under this Section shall be deemed to be a debt due to the Provincial Treasurer by the city or town, as the case may be, and may be recovered with costs and with interest as aforesaid by action in any court of competent jurisdiction by the Provincial Treasurer, in and by his name of office and the action may be continued by his successor in office as if no change had occurred.

Provincial

(5) All sums received by the Provincial Treasurer Tax part of as taxes under this Section shall form part of the Highway Funi Provincial Highway Fund.

be borrowed as

(6) Every city and every incorporated town is Amount may authorized to borrow annually by way of temporary temporary loan. loan, the whole or any part of the taxes payable by the city or town, as the case may be, in any year under this Section and every such loan shall be repaid on or before the thirty-first day of December of the year in which the same is borrowed; Provided, however, that in the case of the city of Halifax such loan shall be repaid along with and in the same manner as moneys borrowed by that city in advance of collection of taxes under the authority of the Halifax City Charter.

12. Section 17 of the said Chapter is amended by S. 17 added to. adding thereto the following: "recoverable under the provisions of the Summary Convictions Act".

said S. 1998. (5) repealed; other

amended.

13. Sub-section (5) of Section 19 of the Chapter is repealed and sub-sections (1), (2), (3) subsections and (4) of said Section 19 are amended by striking out the word "Board" wherever the same occurs therein and substituting therefor the word "Minister" and said sub-section (4) is further amended by striking out the word "shall" and substituting therefor the word "may".

S. 20 repealed; substituted.

Minister may

contsruct, etc.

14. Section 20 of the said Chapter is repealed and the following substituted therefor:

20. The Minister may construct, maintain or or enter into repair any highway or road, or may on behalf of contract, etc. His Majesty enter into contracts or agreements for

24, 25 repealed.

such construction, maintenance or repair.

SS. 21, 22, 23, 15. Sections 21, 22, 23, 24, and 25 of the said Chapter are repealed.

S. 26 amended.

S. 35 amended.

S. 46 amended.

S. 50 as amended, repealed; substituted.

Poles, wires, etc on highways.

16. Section 26 of the said Chapter is amended by striking out the word "Board" wherever the same occurs therein and substituting therefor the word "Minister".

17. Section 35 of the said Chapter is amended by striking out the word "Board" wherever the same occurs therein and substituting therefor the word "Minister".

18. Section 46 of the said Chapter is amended by striking out the word "Board" and substituting therefor the word "Minister".

19. Section 50 of the said Chapter as amended by Chapter 44 of the Acts of 1925 is repealed and the following substituted therefor:

50. (1) Notwithstanding the provisions of any special or general Act of the Legislature of Nova Scotia authorizing, permitting or sanctioning the erecting, placing, setting or maintaining of any telegraph, telephone, electric light or power pole or wires, fixtures or attachments thereto, or the constructing, erecting, placing or maintaining or keeping thereon, or thereover, or thereunder, of any other object or thing whatsoever, whether or not of the kind herein before enumerated, that at the time of the enactment of this Section are lawfully on, or over, or under, any highway in any municipality other than a city or town shall be held to be there by the leave and license and during the pleasure of the Governorin-Council and on such terms and conditions as from time to time the Governor-in-Council thinks fit to impose.

(2) Any person or corporation with the consent of the Governor-in-Council and until such consent is revoked and upon such terms and conditions as from time to time the Governor-in-Council thinks fit, either generally or in any particular case, to impose, may and is authorized and empowered in any municipality other than a city or town to erect, place, set and maintain on any highway any such poles, wires, fixtures and attachments and to construct, erect, place, maintain and keep thereon, or thereover, or thereunder any such object or thing and to break up the soil of any such highway; and where any such poles, wires, fixtures, attachments, objects or thing have without proper authority been constructed, erected, placed or set on, under or over any such highway before the enactment of this Section, to keep the same erected, set or placed and to maintain the same.

(3) Any and all provisions of any special or general Act of the Legislature of Nova Scotia vesting in any municipality or any public body, powers vested in the Governor-in-Council by this Section or similar powers with respect to the matters referred to in this Section are hereby repealed.

(4) Notwithstanding the provisions of any special or general Act of the Legislature of Nova Scotia no person or corporation shall, except as in this Chapter provided, erect, place, set or maintain any such telegraph, telephone, electric light or power pole or wire, fixture or attachment or construct, erect, place, maintain or keep thereon, or thereover, or thereunder any such object or thing on any highway in any municipality other than a city or town or break up the soil of any such highway.

substituted.

20. Section 51 of the said Chapter is repealed S. 51 repealed; and the following substituted therefor:

highways for

under Federal

51. (1) The Governor-in-Council may designate Designation of the highways or portion thereof, which it is deemed improvement proper to improve or construct with moneys con- Aid. tributed by the Government of Canada, under the provisions of the Canada Highways Act.