About this time a destructive epidemic made its appearance in the town,
and it is said nearly 1000 persons fell victims during the autumn and
the following winter. On the 14th day of October, the Government found
it necessary to publish an ordinance, commanding all Justices of the
Peace, upon the death of the settlers, to name so many of the
neighbourhood or quarter (not exceeding 12) to which the deceased
belonged, to attend at the burial and carry the corpse to the grave, and
whoever refused to attend without sufficient reason should have his name
struck off the Mess Book and Register of Settlers as unworthy of His
Majesty's bounty; again in December, another order was made commanding
all householders to report their dead to a clergyman within twenty-four
hours.
Owing to the frequent alarms of invasion from the Indians and French
stragglers during the winter, it was resolved in Council to organize a
militia force for the protection of the settlement, and on the Sunday
following the 6th day of December, after divine service, all the male
settlers, between the age of sixteen and sixty, were assembled on the
parade, and drawn up in the following order:--"Those of Mr. Ewer's and
Mr. Collier's divisions to face the harbor, those of the quarters of Mr.
Galland and Mr. Foreman to face the Citadel, and those of Mr.
Callendar's division at one end of the parade." The proclamation bears
date the 7th day of December, 1749. On the 16th, information arrived
that a French force had been dispatched overland from Canada, to attack
Halifax, and that the Indians were to co-operate with them, also, that
two vessels with six hundred men were in the Bay Verte under LeCorne,
and with ammunition and stores of all kinds for a winter expedition. The
people having been again assembled on the parade after divine service,
the proclamation was read and the settlers commanded to fell all the
trees around the town without the forts and barricades. No attempt was,
however, made upon the town, either by the Indians or French during the
winter. These hostilities were being carried on by the Government of
Canada, while the two Crowns were nominally at peace, under pretence
that the Treaty of Utrecht only ceded to the Crown of Great Britain the
peninsula of Nova Scotia proper.
The Governor deeming it expedient that some permanent system of judicial
proceedings to answer the immediate exigencies of the Colony should be
established, a committee of Council was accordingly appointed to examine
the various systems in force in the old Colonies. On 13th December, Mr.
Green reported that after a careful investigation, the laws of Virginia
were found to be most applicable to the present situation of the
province. The report was adopted. It referred principally to the
judicial proceedings in the General Courts, the County Courts, and other
tribunals.
Public-domain text, read in full here on John Shaqi.
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