NOVA SCOTIA
137
NOVA SCOTIA
the Diocese of Antigonish. By chapter 31 of the Acts
of the Legislature of Nova Scotia for the year 1849,
the Roman Catholic Bishop of Halifax and his succes-
sors were incorporated under the name of "the Roman
Catholic Episcopal Corporation of the City and
County of Halifax" with perpetual succession, and
power to hold, receive and enjoy real and personal
estate. In 1SS8, by chapter 102 of the Acts of that
year, s. 4, it was provided as follows: — "The Corpora-
tion may acquire by deed of conveyance or by devise
or in any other manner for the time being recognized
by law lands within Nova Scotia and may have, hold,
possess and enjoy the same for the general uses and
purposes eleemosynary, ecclesiastical or educational of
the Archdiocese or of any portion thereof or for any
such uses or purposes and may sell, alien, exchange,
assign, release mortgage, lease, convey or otherwise
dispose of such lands or any part thereof for such uses
and purposes or any of them in the manner herein-
after provided". This statute also provides that all
Church property, real and personal, shall be vested in
the corporation and used as the property of the Ro-
man Catholic Church within the archdiocese for
eleemosynary, ecclesiastical, and educational purposes.
The corporation executes a deed by its corporate seal
and the signature of the archbishop, his coadjutor or
vicar-general, and one other Roman Catholic clergy-
man of the archdiocese. The Diocese of Antigonish
was formerly known as the Diocese of Arichat; by
chapter 86 of the Acts of the Legislature of Nova
Scotia for 1887 the name was changed from Arichat to
Antigonish. The Roman Catholic Episcopal Corpora-
tion of Antigonish was created by Chapter 74 of the
.\cts of the Legislature of Nova Scotia (1854), and the
legislative provisions with respect to this corporation
are substantially the same as those relating to the Ro-
man Catholic Episcopal Corporation of Halifax.
VL Tax.\tion and Exemption of Churches, ETC. — The Assessment Act [R.S.N.S.. 1900, c. 73, sec. 4, SS. (b)] exempts from taxation every church and place of worship and the land used in connexion therewith, and every church and burial ground. The same statute also exempts the real estate of every college, academy, or institution of learning and every schoolhouse. The statute mentioned applies to all property in Nova Scotia outside of the city of Halifax. Property within the city of Halifax is dealt with by the Halifax City Charter, S. 33.5, which exempts every building used as a college, incorporated academy, schoolhouse, or other seminary of learning, and every building u.sed for public worship and the site, appur- tenances and furniture of each. This charter also exempts every poorhouse, almshouse, orphans' home, house of industry, house of refuge, and infants' home, while used forthe purposes indicated by their respective designations, and all their real and personal property.
VII. Exemption of the Clergy from Public Services. — There are no obnoxious pubHc duties re- quired to be performed by clergymen. The Juries' Act (R. S. N. S., 1900, c. 162, s. 5) exempts from serv- ing on juries "clergymen and ministers of the Gospel". The Mihtia Act (R. S., c. 41, s. 11) provides that the clergy and ministens of all religious denominations, professors in colleges and universities, and teachers in religious orders shall be exempt from liability to serve in the militia.
VHL Prisons and Reformatories. — These are maintained by the State and are non-denominational. The clergy are permitted to minister to the spiritual wants of the people of their own faith. At Halifax there are two reformatories conducted under Catholic auspices, namely, St. P.atrick's Home for Boys, and the Gofid Shepherd Reformatory for women. Under the pro\isions of the Act relating to prisons and reforma- tories (R. S. C, c. 148), whenever a boy, who is a Catholic and under eighteen years, is convicted in Nova Scotia for an offence for which he is liable to
imprisonment, the presiding justice may sentence such
boy to be detained in St. Patrick's Home for a term
not exceeding five years and not less than one year.
The statute provides also that boys so detained shall
be educated and taught a trade. This home is as-
sisted from the public funds and is open at all time
to public inspection. It is under the direction of the
Christian Brothers. The statute provides also that
juvenile offenders and vagrants may be sent to this
reformatory. Similar provision is made in the case of
a girl, being a Catholic and above the age of six-
teen years, convicted of an offence punishable by im-
prisonment in the city prison or common jail for a
term of two months or longer. She may be sentenced
to the Good Shepherd Reformatory at Halifax, for an
extended or substituted imprisonment subject to con-
ditions : (a) if she is under the age of twenty-one, such
extended imprisonment may be until she attains the
age of twenty-one, or for any shorter or longer term
not less than two and not more than four years; (b) if
she is of the age of twenty-one or upwards, such ex-
tended imprisonment may be for any term not less
than one year and not more than two years. Catholic
girls under the age of sixteen may be sentenced in the
same way to the Good Shepherd Industrial Refuge
at Halifax, where the sisters are in charge and are
obliged to instruct them in reading and writing and in
arithmetic to the end of simple proportion, and also
to teach them a trade or occupation suitable to their
capabilities. The Good Shepherd Reformatory re-
ceives assistance from the public funds and is subject
to inspection by a government official.
IX. Wills and Charitable Bequests. — Every person of the age of twenty-one years and upwards may dispose of his property by will. Such will must be signed by the testator in the presence of two wit- nesses who shall subscribe thereto as witnesses in his presence and in the presence of each other. By stat- ute (R. S. N. S., 1900, c. 135) a devise or bequest of real or personal property to any religious or charitable corporation or any incorporated institution of learning is valid and effectual for the purpose of vesting the property in such body, notwithstanding that it was not by its act of incorporation empowered to take or hold real or personal property or notwithstanding any limit in such act as to the amount of real or per- sonal property the incorporated body was empowered to take or hold — provided the statute shall not extend to render valid or effectual any devise or bequest that is to be void for another reason.
X. Cemeteries.— By statute (R. S. N. S., 1900, c. 132) it is provided that any number of persons, not less than ten, may form themselves into a company for the purpose of establishing a public cemetery. Catholic cemeteries, however, are owned by the Episcopal Corporation of the diocese. Cemeteries are exempt from taxation and the lots or plots owned by individual proprietors cannot be seized or taken on execution.
XI. Marriage Laws. — By the provisions of the British North America Act, the subject of marriage and divorce is assigned to the Dominion ParHament, and that of the solemnization of marriage to the legis- lature of the province. The former body, under this distribution, deals with the capacity to contract mar- riage, and in pursuance of such power it has enacted (R. S. C.,c. 105) that "a marriage is not invalid merely because the woniaii is a sister of a deceased wife of the man, or a daughfi-r of a sister of a di'ceased wife of the man". Tlii' provincial sliilulr (H.S.N.S., 1900, c. Ill) ficals with the mode of Milciriiiizing a mar- riage williiii Ihc prnviiice. It prci\i(lcs that every marriage shall he siilcinni/.cd liy a riiiriisler of a church or religious denomination, l)eiiig a man and resident in Canada, who is recognized as duly ordained according to the rites and ceremonies of the church or denomina- tion to which he belongs. Persons belonging to the
