^ ,^^3 fr k t "% 7^ OJortifU Slam i'rljool Hihratjj i Cornell University Library KEN 411854 The local and private statutes of New Br 3 1924 018 086 185 .>. >^^^ Nira^^ * ,.i>^' Cornell University Library The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924018086185 THE LOCAL AND PRIVATE STATUTES OF NEW BRUNSWICK. VOLUME in. FEINTED UNDBE THE ATJTHOEITY OP AN ACT OF THE LEQIStATURE. FREDERICTON, N. B. 3. SIMPSON, PBINTSa TO THE ttUBEN'S MOST EXCELLENT MAJESTY. 1855. . ^, . ^1 ^1 '1- Jr '•• ,^ ^^t= FREOERICTOH, NEW BRUNSWICK: rRINTED BT JOHN SIHFSON, AT THE BOYAL GAZETTE OFFICE, KING STREET. ,; PREFACE. This Volume, containing the Local and Private Acts, closes the series, agreeably to the directions of the Act of Assembly 17 V. c. 16, published in t*e Second Volume. It may be necessaVy to repeat that the First Volume contains the Public Statutes as revised by the Law Commissioners. The %econd Volume also contains Public Statutes, but not reused for the reasons, given in the Preface to that Volume. The Thifff Vohiaife includes the Local and Private Statutes, which ^jpould not be revised without the risk of interfering with private interests. Of the immense number of Local and Private Acts, I have selected such as were unrepealed in part, or in the whole ; and whoever carefully examines this Volume and compares it with the number of books and annual publications of the Laws, with the variety of repealed Acts, Sections, and parts of Sections, will understand the degree of attention, labour, and time required for J.ts preparation and passage through the Press. The Lavvs-fbr -the City and County of Saint John alone are ao numerous — occupying no less than two hundred and five pages of this Volume — and so 'icomplic&ted, that the Act for " repaiiifngjM Streets and Bridges of the City of Saint J<^n," was printed' before it was. discovered that all but the first and second Sections were repealed by 16 V. c. 37, under the incongruous title of " An Act to amend the Charter" &c. And the old County Court Act, so far as it extends to the City, remains on the Statute Book, although containing -some pro- visions difficult to reconcile with the late Act of 13 V. c. 8, in amendment of the Practice of the City Court. Of the mass of private Corporations, I have inserted those respecting wHcb certificates have been filed in the Secretary's Office, with the exception of such as upon careful enquiry I found had become extinct ; together with some others whicb had long been ip operation, and had been recognized as such by subsequent Statutes. IT. PREFACE. It will be perceived that the arrangement has been to print the Local Acts of each County by themselves ; and of the Private Acts to take first those relating to Churches and of a benevolent character, and then those which concern the ordi- nary affairs of individuals, classifying them with reference to their objects and the time of their enactment. The same remark is applicable to the Index, as for instance under the letter " C " will be found all the Laws relating to the several Counties, each County alphabetically arranged f and the same order as to the Private Acts, such for instance as Societies, Companies, &c., under '• S," "C," &c. W. B. KINNEAK, LOCAL ACTS. PRIVATE ACTS. APPENDIX OF CHARTERS, ^ih i.fo TABLE OF CONTENTS. IiOCAIi ACTS. SAINT JOHN. 26 G. 3, c. 10. — An Act for regulating the Courts of Law established in the several Counties for the trial of causes to the value of forty shillings, 1 26 G. 3, c. 46. — An Act for confirming unto the City of Saint John its rights and privileges, 3 43 G. 3, c. 3. — An Act for altering the divisions of four of the Wards in the City of Saint John, and for changing the mode of Elections within the two other Wards of the said City, 4 50 G. 3, c. 1. — An Act to authorize the Sheriff or other Executive Officer serving Process at the Parish of Saint Martins, to convey any Prisoner there arrested to the Gaol in the City of Saint John, by way of the public road leading through a part of King's County, 5 52 G. 3, c. 11. — An Act to authorize the Common Council of the City of Saint John to appoint Con- stables for such Wards of the City as shall omit to choose the same, 6 56 G. 3, c. 1. — An Act to increase the number of Con- stables in the City of Saint John, 7 58 G. 3, c. 12. — An Act further to provide for the security of the City of Saint John against the ravages of Fire, 8 5 G. 4, c. 24. — An Act to extend the powers of the Mayor, Aldermen, and Commonalty of the City of Saint John, for preventing the encumbering and filling up of the Harbour of the said City, to the waters and places of anchorage in the vicinity thereof, 9 9 G. 4, c. 2. — An Act to authorize the Justices of the Peace of the City and County of Saint John to raise a sum of money for completing the Court House of the said City and County, 10 Vlii. TABLE OF CONTENTS. 9 G. 4, c. 4. — An Act relative to the Streets and Squares in the City of Saint John, 12 9 G. 4, c. 7. — An Act to authorize the Mayor, Aldermen, and Commonalty of the'City of Saint John to open a Street from the Wharf on the south side of the Market Slip to the Wharf owned by Charles I. Peters, Esquire, 14 1 W. 4, c. 12. — An Act to remove doubts respecting the competency of Citizens of the City of Saint John as witnesses in cases where the Corporation of that City is a party, 15 2 W. 4, c. 25. — An Act to establish and regulate a Ferry and Public Landing at Indian Town, in the County of Saint John, 16 3 W. 4, c. 11. — An Act to alter and amend the Charter of the City of Saint John, 16 3 W. 4, c. 13. — An Act to provide for more effectually repairing the Streets and Bridges in the City of Saint John, — [See Preface and ErrataJ] 17 3 W. 4, c. 21.— An Act to prevent the importation and spreading of infectious Distempers in the City of Saint John, 23 3 W. 4, c. 32. — An Act to prevent Nuisances within the City of Saint John, and Parish of Portland in the County of Saint John, 35 4 W. 4, c. 8. — An Act to explain the Act for preventing the importation and spreading of infectious Dis- tempers in the City of Saint John, 36 7 W. 4, c. 12. — An Act to provide for increasing the number of Constables in the City of Saint John, and for appointing Special Constables in the City and County of Saint John, 37 7 W. 4, c. 21. — An Act in amendment of an Act intituled An Act to prevent Nuisances within the City of Saint John, and Parish of Portland in the County of Saint John, 40 8 W. 4, c. 14. — An Act in further amendment of the Law relating to Nuisances in the Parish of Portland, in the County of Saint John, 41 1 V. c. 17. — An Act to provide for the erection of an Alms House and Work House, and to establish a Public Infirmary in and for the City and County of Saint John, 42 1 V. c. 26. — An Act to continue the Act relative to the Streets and Squares in the Cij:y of Saint John, 44 TABLE OF CONTENTS. IX. 3 V. c. 1. — An Act for the more effectual prevention of Fires in the City of Saint John, 44 3 V. c. 2. — An Act to authorize the widening and en- larging of certain Streets in the City of Saint John, and of laying out other Streets therein, 48 3 V. c. 38. — An Act to authorize the Justices of the Peace in and for the City and County of Saint John, to erect a building in the said City for a Common Gaol, and to raise a sum of money for erecting and complet- ing the same, 57 3 V. c. 70. — An Act to extend the jurisdiction of the Cor- poration of the City of Saint John for the regulatidn of the rates of Pilotage, beyond the limits now pre- scribed by Charter, 60 3 V. c. 81. — An Act to limit the extent and regulate the building of Wharves on the eastern side of the Har- bour of Saint John, 60 4 V. c. 14. — An Act to permit the establishment of a Fish Market in one of the Public Slips in the City of Saint John, 62 4 V. c. 21. — An Act in addition to and in amendment of an Act to provide for the erection of an Alms House and Work House, and to establish a Public Infir- mary in and for the City and County of Saint John, 63 5 V. c. 39. — An Act to regulate Dockage, Wharfage, and Cranage in the City of Saint John and in the Parish of Portland, 65 6 V. c. 35. — An Act for the amendment of the Charter of the City of Saint John, 70 6 V. c. 37. — An Act to establish a Register of Freemen of the City of Saint John in lieu of the Register lately destroyed by fire, 73 7 V. c. 22.— An Act in addition to an Act intituled An Act to preven t Nuisances within the City of Saint John, 73 7 V. c. 37. — An Act for more effectually securing the Navigation of the River and Harbour of Saint John, in the City and County of Saint John, 75 9 V. c. 29 — An Act relating to the Public Debt of the Corporation of the ("ity of Saint John, 77 9 V. c. 3U. — An Act relating to County and Parish Offi- cers in the City and County of Saint John, 79 10 V. c. 57. — An Act to alter and amend an Act intituled An Act to provide for the erection of an Alms House and Work House, and to establish a Public Infir- mary in and for the City and County of Saint John, 81 TABLE OF CONTENTS. 11 V. c. 12. — An Act for establishing and maintaining a Police Force in the Parish of Portland, in the City and County of Saint John, 82 11 V. c. 13. — An Act more effectually to provide for the support of a Nightly Watch and Day Police in that part of the City of- Saint John lying on the eastern side of the Harbour of Saint Johp, and for lighting the same, as also for other purposes, 105 11 V. c. 29. — An Act to amend an Act for the amend- ment of the Charter of the City of Saint John, 117 11 V. c. 30, — An Act to amend an Act to provide for increasing the number of Special Constables in the City of Saint John, and for appointing Special Con- stables in the City and County of Saint John, 117 11 V. c. 31. — An Act further to continue an Act intituled An Act to extend the jurisdiction of the Corporation of the City of Saint John for the regulation of the rates of Pilotage, beyond the limits now prescribed by Charter, il9 11 V. c. 32 — -An Act relating to the Public Burial Ground in the City of Saint John, 120 11 V. c. 33. — An Act to authorize the Justices of the Peace for the City and County of Saint John to ■ raise a sum of money for making certain alterations in and additions to the Common Gaol of the said City and County, 122 12 V. c. 1. — An Act in addition to and in amendment of an Act intituled An Act for the more effectual pre- vention of Fires in the City of Saint John, 125 12 V. c. 2. — An Act to authorize the Mayor, Aldermen, and Commonalty of the City of Saint John, to pur- chase or lease a lot of Land for the purpose of enlarging the Country Market fronting on Charlotte Street, in the said City, 126 12 V. c. 7. — An Act to amend an Act intituled An Act for establishing and maintaining a Police Force in the Parish of Portland, in the City and County of Saint John, 127 12 V. c. 52. — An Act in addition to and in amendment of the Act relating to the Navigation of the River and Harbour wf Saint John, 128 12 V. c. 68. — An Act in further amendment of the Charter of the City of Saint John, 129 TABLE OP CONTENTS. XI. 13 V. c. 1. — An Act relating to the Police Office estab- lished in the City of Saint John, and to provide for the relief of Debtors confined in the Gaol of the said City for small sums, and making provision for the levying and collecting of Assessments in the said City, and other purposes, 138 13 V. c. 5. — An Act for the better extinguishing of Fires vrhich may happen in the City of Saint John, 144 13 V. c. 8. — An Act to alter and amend the Practice and Proceedings in the City Court of Saint John, 149 13 V. c. 15. — An Act further to alter and amend the Act to provide for the erection of an Alms House and Work House, and to establish a Public Infir- mary in and for the City and County of Saint John, 157 13 V. c. 19. — An Act for the regulation of the South Bay Canal, 158 14 V. c. 7. — An Act to continue and amend an Act for establishing and maintaining a Police Force in the Parish of Portland, in the City and County of Saint John, 159 14 V. c. 10. — An Act relating to the levying and collect- ing Rates in the City and County of Saint John, 160 14 V. c. 11. — An Act relating to the Navigation of the River and Harbour of Saint John, 162 14 V. c. 14. — An Act relating to the appointment of the Gaoler of the Gaol of the City and County of Saint John, 162 15 V. c. 10. — An Act in further amendment of an Act intituled An Act for the better extinguishing of Fires which may happen in the City of Saint John, 163 15 V. c. 11. — An Act to provide for the erecting and making certain Wharves and improvements in the Harbour of Saint John, 163 15 V. c. 12. — An Act to continue and amend an Act intituled An Act for the better extinguishing of Fires which may happen in the City of Saint John, 169 15 V. c. 15. — An Act for the better extinguishing of Fires which may happen in the Parish of Portland, in the County of Saint John, 170 15 V. c. 16.: — An Act to provide for the erection of a Building for a Registry Office in the City and County of Saint John, 172 15 v. c. 18.— An Act relating to the Public Wharves in the Parish of Portland, in the County of Saint John, 174 KIK TABLE OP CONTENTS. 15 V. c. 62. — An Act to amend and explain an Act to permit the establishment of a Fish Market in one of the Public Slips in the City of Saint John, 174 15 V. c. 63.— An Act in addition to an Act intituled An Act for the better extinguishing of Fires which may happen in the Parish of Portland, in the County of Saint John, 176 16 V. c. 7. — An Act to continue and amend an Act more efFectually to provide for the suppori of a Nightly Watch and Day Police in that part of the City of Saint John lying on the eastern side of the Harbour of Saint John, and for lighting the same, and for other purposes, 177 16 V. c. 8. — An Act relating to the Fire Police of the City of Saint John. 179 16 V. c. 9. — An Act to restrain the going at large of Dogs within the City of Saint John, 180 16 V. c. 10, — An Act relating to the Public Debt of the City of Saint John, 181 16 V. c. 11. — An Art for the division of King's Ward in the City of Saint John, inio two separate Wards, 184 16 Y. c. 37. — An Act to amend the Charter of the City of Saint .lohn, and certain Acts of Assembly relat- ing to the local government of the said City, 186 16 V. c. 38. — An Act to amend an Act for the division of King's WHrd in the City of Saint John, into two separate Wards, 195 17 V. c. 5. — An Act relating to the repair of Streets in the City of Saint John, 195 17 V. c. 6. — An Act relating to the Fire Department of the City of Saint John, 197 17 V. c 7. — An Act relating to Elections of City Offi- cers in the City of Saint John, 198 17 V. c. 37. — An Act to amend the Act relating to Highways, so far as relates to the Parish of Port- land, in the City and County of Saint John, 199 17 V. c. 39. — An Act relating to the Public Debt of the City of Saint John, 201 17 V. c. 40. — An Act to authorize the Justices of the Peace for the Citj and County of Saint John to levy an assessment for the erection of a Dead House for the said City and County, 202 17 V. c. 62. — An Act in addition to an Act intituled An Act to provide for the erection and making of certain Wharves and improvements in the Harbour of Saint John, 203 TABLE OF CONTENTS. XllF, YORK. 45 G. 3, c. 8. — An Act to regulate the Winter Roads in the Counties of York and Sunbury, 206 52 G. 3, c. 18. — An Act jn amendment of an Act made and passed in the forty fifth year of His Majesty's Reign, intituled An Act to regulate the Winter Roads in the Counties of York and Sunbury, 208 56 G. 3, c. 7. — An Act to provide for the purchase of a place for the residence and accommodation of the Governor or Commander in Chief of this Province, 209 3 G. 4, c. 25. — An Act to provide for the erection of an Alms House and Work House within the County of York, and for making rules and regulations for the management of the same, 212' 8 G. 4, c. 23. — An Act to establish and regulate Public Landing Places in Fredericton, 215 10 & 11 G. 4, c. 20. — An Act to establish Houses of Correction within the Counties of York and Char- lotte, 217 3 V. c. 78. — An Act to amend an Act intituled An Act to provide for the purchase of a place for the resi- dence and accommodation of the Governor or Cow- mander in Chief of this Province, 217 10 V. c. 7. — An Act relating to certain Public Lands in Fredericton, 218 10 V. c. 47. — An Act relating to a tract of Land situate below the Town Plat of Fredericton, 220 14 V. c. 4. — An Act to provide for the appointment of Commissioners for the Alms House and Work House for the County of York, 221 14 V. c. 15. — An Act to repeal the several Acts for in- corporating the City of Fredericton, and to make other provisions in lieu thereof, 222 14 V. c. 17. — An Act to authorize the issue of Treasury Debentures to raise money for the purpose of being loaned for rebuilding a part of the City of Frederic- ton destroyed by Fire in the month of November one thousand eight hundred and fifty, 257 16 V. c. 23. — An Act to authorize the sale of the Alms House Property in the County of York, 263 16 V. c. 40. — An Act to authorize and empower the Justices of the Peace of the County of York to raise by loan a sufficient sum of money to enable them to erect a new Court House in the said County, 264 XIV. TABLE OP CONTENTS. 17 V. c. 45. — An Act to provide for the establishment and management of a Boom or Booms in the County of York, 267 CHARLOTTE. 58 G. 3, c. 18. — An Act to empower and authorize the Justices of the Peace of the County of Charlotte to lease a certain piece of Common Land in the Parish of Saint Andrews, and to invest the proceeds to- wards the support of the Poor of the said Parish, 269 5 G. 4, c. 10. — An Act to provide for making rules and regulations for the management of the Poor House in the Parish of Saint Andrews, . 270 5 G. 4, c. 20. — An Act to authorize the Justices of the Peace for the County of Charlotte to assess the inhabitants of the Parish of Grand Manan for the erection of a Lock-up House in the said Parish, 272 5 W. 4. c. 22. — An Act to authorize and empower the Justices of the Peace for the County of Charlotte to lease a part of the Public Landing at Salt Water in the Parish of Saint Stephen, 273 4 V. c. 10. — An Act to provide for more effectually re- pairing the Streets and Bridges in a part of the Parish of Saint Stephen, 274 4V. c. 11. — An Act to authorize the Justices of the Peace for the County of Charlotte to assess the Parish of Saint Stephen in the said County fur the erection of a Wharf on the Publio Landing at Salt Water in said Parish, 275 5 V. c. 2, — An Act to authorize the Justices of the Peace for the County of Charlotte to make regu- lations for the Market Wharf in the Parish of Saint Stephen, 276 11 V. c. 42. — An Act to provide for the more effectually repairing the Streets and Bridges in the Town Plat of Saint Andrews, 278 12 V. c. 27. — An Act to provide for the more effectually repairing the Roads and Bridges in the Parishes of Campo Bello and Grand Manan, 279 14 V. c. 8. — An Act to amend an Act relating to the repairing of the Streets and Bridges in a part of the Parish of Saint Stephen, 280 16 V. c. 16. — An Act to authorize the Justices of the Peace for the County of Charlotte to assess the inhabitants of the Parish of Saint Stephen for the erection of a Lock-up House in the said Parish, 280 TABLE OP CONTENTS. Xr. 16 V. c. 18. — An Act for tbe better and more effectual securing the naviga:tion of the River Saint Croix, in the County of Charlotte, 281 16 V. c. 39. — An Act to revive and amend an Act to regulate the Herring Fishery in the Parishes of Grand Manan, West Isles, CampoBeilo, Pennfield, and Saint George, in the County of Charlotte, 28^ 17 V. c. 38. — An Act to provide for the more effectually repairing the Highways, Streets, and Side Walks in the Milltown Highway District, in the Parish of Saint Stephen, 284 KING^S. 1 W. 4, c. 41. — An Act to authorize the Rector, Church Wardens, and Vestry of Trinity Church, in tho Parish of Kingston, to convey their right to the land whereon the Court House has been erected, to the Justices of the Peace of King's County, in exchange for other land, and to establish a Public Square in the said Parish, 286 QUEEN^S. 2 V. c. 34. — An Act to provide for making and maintain- ing a Canal across Griraross Neck, in Queen's County, 289 4 V. c. 7. — An Act to extend the provisions of an Act intituled An Act to enable the Commissioners of Highways in the Parishes of Maugerville, Sheffield, and Waterhorough, to lay out Highways, and to appropriate part of the Statute Labour for securing the Bank of the River in front of those Parishes, to the Parish of Gagetown, in Queen's County, 291 17 V. c. 36. — An Act in amendment of an Act to provide for making and maintaining a Canal across Grimross Neck, in Queen's County, 292 SUNBURY. 34 G. 3, c. 9. — An Act for preserving the Bank of the River Saint John in front of the Parishes of Mauger- ville, Sheffield, and Waterhorough, 293 41 G. 3, c. 9. — An Act for preserving the Bank of the River Saint John in front of the Parish of Lincoln, in the County of Sunbury, 295 45 G. 3, c. 13. — An Act to enable the Commissioners of Highways in the Parishes of Maugerville, Sheffield, and Waterhorough, to lay out Highways, and to appropriate part of the Statute Labour for securing the Bank of the River in front of those Parishes, 296 XVI. TABLE OP CONTENTS. 56 G. 3, c. 12. — An Act to continue and make perpetual two Acts of the General Assembly that are near expiring, 297 5 V. c. 27. — An Act to authorize the Justices of the Peace for the Cpunty of Sunbury to make rules and regulations for protecting the public use of the Draw in the Bridge over the River Oromocto, 298 CARLETON. 9 V. c. 40. — An Act to provide for the repair of the Streets and Highways in part of the Parish of Woodstock, 299 10 V. c. 15. — An Act in addition to and in amendment of an Act intituled An Act to provide fin- the repair of the Streets and Highways in part of the Parish of Woodstock, 308 13 V. c. 10. — An Act to continue the several Acts for the repair of the Streets and Highways in part of the Parish of Woodstock, in the County of Carleton, 311 15 V. c. 9. — An Act to legalize the Lock-up House at the Creek Village, in the Parish of Woodstock, in the County of Carleton, 311 ALBERT. 13 V. c. 20. — An Act to enable the Commissioners of Highways to establish a Public Road two rods wide across the Great Marsh in the Parish of Hopewell, in the County of Albert, 313 17 V. c. 41. — An Act to authorize the turning of West River, in the County of Albert, into Roshea Bay, 313 WESTMORLAND. 16 V. c. 41. — An Act to authorize the Justices of the Peace for the County of Westmorland to assess the inhabitants of the Parishes of Moncton and Salisbury for the erection of a Lock-up House for the said Parishes, 315 KENT. 13 V. c. 11. — An Act to provide for more effectually repairing the Streets and Bridges in a part of the Parish of Richibucto, 316 NORTHUMBERLAND. 5 G. 4, c. 23. — An Act to provide for the better support of the Poor in certain Parishes in the County of Northumberland, 317 TABLE OF CONTENTS. XVII. 4 V. c. 25. — An Act to authorize the Justices of the Peace for the County of Northumberland to erect a Lock-up House in the Town of Chatham, in the said County, 320 4 V. c. 27. — An Act to authorize the appointment of Commissioners to lay out a Street or Highway through the Town of Chatham, and to establish 'and regulate Public Landings in the said Town, 322 5 V. c. 24. — An Act to repeal certain parts of an Act intituled An Act to authorize the appointment of Commissioners to lay out a Street or Highway through the Town of Chatham, and to estahlish and regulate Public Landings in the said Town, and to make other provisions in lieu thereof, 324 8 V. c. 57. — An Act to establish periodical Fairs in the Town of Newcastle, in the County of Northumber- land, 325 13 V. c. 17. — ^An Act to enable the Justices of the Peace for the County of Northumberland for the time being to receive the title of and hold a piece of Land in the Town of Newcastle, for the use of a Grammar School in the said Town, 326 15 V. c. 66. — An Act to legalize the acts of the Com- missioners appointed to lay out a Street or Highway through the Town of Chatham, and to establish and regulate Public Landings in the said Town, 327 17 V. c. 3. — An Act to make further provisions for the support of Buoys and Beacons in the Bay and Harbour of Miramichi, 328 17 v. c. 8. — ;An Act to relieve the Engine Men of the Chatham Fire Engines, in the County of Northum- berland, from Parish offices, and to afford immunities and exemptions to them in certain cases, 329 GLOUCESTER. 13 V. c. 18. — An Act to prevent the spread of a disorder now existing in certain parts of the Counties of Gloucester and Northumberland, 330 15 V. c. 64. — An Act to continue an Act to prevent the spread of a disorder now existing in certain parts of the Counties of Gloucester and Northumberland, 334 17 V. c. 9. — An Act to authorize the erection of a Marine Hospital at the Port of Bathurst, 334 XVlll. TABLE OF CONTENTS. PniTATK ACTS. Churches. 2 G. 4, c. 16. — An Act to authorize the Rector, Chnrch Wardens, and Vestry of Saint Andrews Church, in the Parish of Saint Andrews, to convey a certain , ; piece of Glebe Land of the said Parish, and to dis- pose of the money arising from the sale thereof in the purchase pf otLier lands, 337 5 G. 4, c. 19.-7— An Act. for erecting a separate Parish in the City of Saint John, , 338 7 G. 4, c. 20. — An Act to authorize the Rector, Church Wardens, and Vestry of Christ Church, in the Parish of Saint Stephen, {o dispose of a part of a tract of Glebe Land in that Parish, and to vest the proceeds in other lands more productive to the Rector, 341 10 & 11. G, 4, c. 26. — An. Act to eoijfirm a diyjgion made of certain Lands situate at Chamcook, in the Parish of Saint Andrews, granted to the Justices of the County of Charlotte in trust for; the use and benefit of the Rector or Minister and Parish ^^Scliool of the same Parish, 342 7 W. 4, c. 29. — An Act to enable the Rector, Church Wardens, and Vestry of Trinity Church, in thePariab of Saint John, in the City of Saint John, to sell cer- tain land in the said City, 345 4 V. c, 3 — An Act relating to the Parish Church of the Parish of Portland, in the County of Saint John, and to the Church Corporation of the said Parish, 346 7 V. c. 6. — An Act to authorize the Rector, Church Wardens, and Vestry of Saint Ann's Church, in th(B Parish of Sackville, to sell certain Ipts of Glebe, Land, and to dispose of the money arising from the sale thereof in the purchase qf other lands, 351 11 V. c. 44. — An Act to authorize the Rector, Church Wardens, and Vestry of Saint Mary's Church, in the Parish of Richibucto, to sell certain lands granted to the said Corporation, and vest the proceeds in other lands, 352 11 V. c. 45. — -An Act to authorize and empower the Rector, Church Wardens, and Vestry of Saint Thomas' Church, in the Parish of Saint James, in the County of Charlotte, to sell and convey certain Glebe and Church Lands in said Parish, and vest the proceeds in other lands more productive,. 353 TABLE OF CONTENTS. XIX. 12 V. c. 56. — An Act to authorize and empower the Rector, Church W.ardens, and Vestry of Saint George's Church, in the Parish of Bathurst, in the County of Gloucester, to sell and convey a certain tract or lot of Glebe Land situate in the said Parish, and to vest the proceeds in the purchase of other lands in a more desirable situation, and more pro- ductive, 354 13 V. c. 14. — An Act to authorize the Rector, Church Wardens, and Vestry of Saint Mary's Church, in the Parish of Richibucto, to sell certain lands granted to the said Corporation, and vest the pro- ceeds in other lands, 355 14 V. c. 10. — An Act to authorize and empower the Trustees of certain Glebe Lands in the Parish of Moncton, in the County of Westmorland, to sell the same, and to vest the proceeds in other lands, 356 15 V. c. 17. — An Act to erect another Parish in the City of Saint John for ecclesiastical purposes, 358 16 V. c. 12. — An Act to erect the Parish of Saint Mark, in the City of Saint John, for ecclesiastical purposes, 360 16 V. c. 47. — An Act to authorize the Rector, Church Wardens, and Vestry of Saint Mark's Church, in the Parish of Saint George, in the County of Char- lotte, to sell and dispose of certain Glebe Lands in said Parish, and invest the proceeds in other lands, 364 16 V. c. 49.— An Act to authorize the Rector, Church Wardens, and Vestry of Saint Mary's Church, of the Parish of Richibucto, to sell certain lands granted to the said Corporation, and vest the proceeds in other lands, 365 17 V. c. 11. — An Act to carry into effect an agreement between the Bishop of Fredericton and the Rector, Church Wardens, and Vestry of Christ Church, in the Parish of Fredericton, relative to the Parish Church, 366 17 V. c. 46. — An Act to authorize the !^ector. Church Wardens, and Vestry of Saint John Church, in the Parish of Burton, in the County of Sunbury, to sell and dispose of certain Glebe Lands in the Parishes of Burton and Blissville, in the said County, and to invest the proceeds arising therefrom in other lands, 370 17 V. c. 50. — An Act to authorize the Rector, Church Wardens, and Vestry of Christ Church, in the Parish of Fredericton, to sell certain lands, and to reinvest the proceeds thereof, 371 XX. TABLE OF CONTENTS. 16 V. c. 4. — An Act to incorporate the Diocesan Church Society of New Brunswick, 372 1 W. 4, c. 11. — An Act to incorporate the Minister and Elders of the Kirk of Scotland in the Town of Newcastle, and for the purposes therein mentioned, 376 2 W. 4, c. 18, — An Act to repeal all the Laws now in force relating to Saint Andrew's Church, in the City of Saint John, and for incorporating certain persons pewholders of the said Church and of the several Churches erected or to be erected in this Province in connexion with the Church of Scotland, 378 3 W. 4, c. 15. — An Act to amend the Act relating to the several Churches in this Province in connexion with the Church of Scotland, 381 5 W. 4, c. 6. — An Act to amend an Act to repeal all the laws now in force relating to Saint Andrew's Church, in the City of Saint John, and for incorporathig sun- dry persons pewholders of the said Church and of the several Church«s erected or to be erected in the Province in connexion with the Cburchi o£ Scot- land, 382 7 V.' c. 21. — An Act to authorize the Trustees of Saint John Church, in Richmond, to sell lands, and to apply the proceeds thereof for certain purposes, 383 10 V. c. 70. — An Act to authorize the Trustees of Saint Stephen's Church, in the City of Saint John, to sell and dispose of certain lands in the said City, and to reinvest the proceeds thereof, 384 12 V. c. 24.-^An Act to authorize the Trustees of Saint Luke's Church, in Bathurst, to dispose of certain lands, 387 13 V. c. 8. — An Act to amend the Act relating to the sale of certain lands by the Trustees of Saint Stephen's Church, in the City of Saint John, 388 13 V. c. 18. — An Act to authorize the Trustees of the Church of Scotland in the Town of Saint Andrews, to sell certain lands, and vest the proceeds in other lands, 389 14 V. c. 9. — An Act to amend an Act relating to Churches erected or to be erected in this Province in connexion with the Established Chiirch of Scotland, 391 16 V. c. 48. — An Act to amend an Act intituled An Agl to authorize the Trustees of Saint Stephen' s Church in the City of Saint John, to sell and dispose of cer- tain Lands in the said City, and to reiircest the proceeds thereof, 393 TABLE OF CONTENTS. XXI. 9 V. c. 72. — An Act to incorporate the Roman Gatholic Bishop in New Brunswick, 396 16 V. c. 6. — An Act to authorize the Roman Catholic Episcopal Corporation for the Diocese of NewBruns- wi€k to sell, dispose of, and mortgage lands in the City and County of Saint John, and to reinvest the proceeds thereof, 399 10 G. 4, c. 7, (Imperial Act,)— ~An Act for the relief of His Majesty's Roman Catholic Subjects, 401 10 V. c. 71. — An Act to provide for the incorporation of certain Presbyterian Churches in this Province not in connexion with the Established Church of Scotland, 415 12 V. c. 61. — An Act in amendment of an Act intituled An Act to provide for the incorporation of certain Preshfterian Churches in this Province not in con- nexion with the Established Church of Scotlan'd, 419 7 V. c. 7. — An Act to incorporate the Trustees of the Reformed Presbyterian Church in the City of Saint John, in connexion with the Reformed Pr«6byterian Synod of Ireland, 421 14 V. e. 13. — An Act to incorf)oa-ate the Orthodox Con- gregational Church at Miikowni in the Parish of Saint Stephen, 423 16 V. c. S. — An Act for the incorporation of certain Bodies connected with the Wesleyan Methodist Church in New Brunswick, 424 17 V. c. 47. — An Act to incorporate certain Bodies con- nected with the Free Baptist Church in '^fiew Bruns- wick, 429 Edugation. 60 G. 3, c. 6. — An Act to confirm the Charter of the Madras School in N,ew Brunswick, and to extend the ' - powers of the Governor and Trustees of the same, 433 6 W. 4, c. 53.;— An Act to enable the Governor and ' Trustees of the Madras School to dispo^ of certain paits of theiT lands, 434 7 W. 4, c. 30. — An Act to enable the Governor and Trustees of the Madras School to sell certain Land in Fredericton, 435 8 W. 4, c. 8.— An Act to remedy the failure of the annual Courts or Meetings ©f tie Cfarporation of the Madras School in this Province, 42g 14 V. c. 12.— An Act to authorize the Governor and Trustees of the Madras School in New Brunswick to sell and dispose of certain lands in the City of Fredericton, and for other purposes, 437 XXn. TABLE OF CONTENTS. 12 V. c. 65. — An Act to incorporate the Trustees of the Wesleyan Academy at Mount Allison, ^ackvilie, 438 13 V, c. 2. — An Act to settle certain doubts raised under the last Will and Testament of Mark Varley, late of the City of Saint John, Brickmaker, but now de- ceased, 443 Benevolent Societies. 3 V. c. 73.— An Act to incorporate the Saint John Orphaii Benevolent Society, ' ■ ,> , . ^^y 8 V. c. 97. — An Act to incorporate the Fredericton So- ciety of Saint Andrew, 447 9 V. c, 46. — An Act to incorporate the Highland Society of New Brunswick, at Wiramichi, 448 10 V. c. 28.r-An Act to incorporate the Saint Andrews Benefit Society, 449 10 V. c. 83. — An Act for the regulation of Benefit Build- ing Societies, , 452 17 V. c. 44. — An Act to amend an Act intituled An Act to incorporate the Saint Andrews Benefit Society, 470 12 V. c. 64. — An Act to incorporate the Grand Division and Subordinate Divisions of the Order of the Sons of Temperance in New Brunswick, 470 15 V. c. 79. — An Act to incorporate the Trustees of the Provident Institution, 474 17 V. c. 48. — An Act to incorporate the Saint John Seamen's Friend Society, 476 Mechanics' Institutes. 2 V. c. 18.— An Act to incorporate the Saint John Mechanics' Institute, 479 8 V. c. 50. — An Act to incorporate the King's County Mechanics' Institute, 479 10 V. c. 22. — An Act to incorporate the Miramichi Mechanics' Institute, 430 11 V. c. 59. — An Act to incorpQrate the Dorchester Temperance Hall and Mechanics' Institute, 480 11 V. c. 60. — An Act to incorporate the Woodstock Mechanics' Institute, 481 13 V. c. 5. — An Act to incorporate the Newcastle and Douglastown Mechanics' Institution, 481 15 V. c. 80. — An Act to incorporate the Hillsborough Temperance Hall and Mechanics' Institute, 482 TABLE OF CONTENTS. XXIU- glCEMETERIES. 9 G. 4, c. 26. — An Act to empower the Rector, Church Wardens, and Vestry of Trinity Church, in the Parish of Saint John, to dispose of lots in the New Burial Ground in the vicinity of the said Parish, 483 11 V. c. 56. — An Act for the incorporation of the Saint John Rural Cemetery Company, 484 12 V. c. 11. — An Act to empower the Rector, Church Wardens, and Vestry of Saint John Church, in the Pariah of Burton, in the County of Sunbury, to dis- pose.of lots in the new Burial Ground in the said Parish, 489 17 V. c. 28. — An Act to incorporate the Fredericton Rural Cemetery, • 491 17 V. c. 49. — An Act relating to the Roman Catholic Burial Ground in the Parish of Portland, City and County of Saint John, 493 17 V. c. 56. — An Act to amend an Act for the incorpora- tion of the Saint John Rural Cemetery Company, 494 Agriqultural Societies. 10 V. c. 23. — An Act to incorporate the Charlotte Coun- ty Agricultural Society, 495 11 V. c. 53. — An Act to incorporate the King's County Central Agricultural Society, 496 11 V. c. 54. — ^An Act to incorporate the Carleton County Agricultural Society, 497 13 V. c. 13. — An Act to incorporate the King's County Union Agricultural Society, 499 13 V. c. 17. — An Act to incorporate the Agricultural So- ciety of Sunbury, ' 500 13 V. c. 20. — An Act to alter and amend the Act incor- porating the Carleton County Agricultural Society, 500 14 y. c. 6. — An Act to incorporate the Simonds Agri- cultural Society, gOl 14 V. c. 16. — An Act to incorporate the Upham Agri- cultural Society, • go2 14 V. c. 17.— An Act to incorporate the County of Kent Agricultural Society, 504 14 V. c. 18.— An Act to incorporate the Sussex and Stud- holm Agricultural Society, . 5O5 14 V, c. 19.— An Act to incorporate the Grand Lake, Queen's County, Agricultural Society, 506 15 V. c. 20.— -An Act to incorporate the Saint Patrick Central Agricultural Society, 5O7 XXIV. TABLE OF CONTENTS. 15 V. c. 21. — ^An Act to incorporate the Westmorland Agricultural and Emigrant Socie*, 508 15 V. c. 22. — ^An Act to incorporate the WfiUington and Dundas, County of Kent, Agricultural Society, 510 15 V. c. 23.^An Act to incorporate the Victoria County Agricultural Society, 511 15 V. c. 24. — An Act to incorporate the Kingston (Kent) Agricultural Society, 512 15 V. c. 81. — An Act to incorporate the Harvey Agri- cultural Society, 513 15 v. c. 82. — An Act to incorporate the Botsford and Westmorland, County of Westmorland, Agricultu- ral Society, 514 15 V. c. 83. — An Act to incorporate the Wakefield and Brighton Agricultural Society, 515 15 V. c. 84.— An Act to incorporate the Queen's County Agricultural Society, 516 16 V. c. 57. — An Act to alter and amend the Act incor- porating the Wakefield and Brighton Agricultural Society, 517 16 V. c. 60. — An Act to incorporate the Gloucester Coun- ty Agricultural Society, 518 16 V. c. 61. — An Act to incorporate the District Agri- cultural Society for the Parishes of Blackville, Bliss- field, and Ludlow, in the County of Northumberland, 519 17 V. c. 13. — An Act to incorporate the Dorchester Ag- ricultural Society, 520 Farmers' Library Society. 14 V. c. 2. — An Act to incorporate the Woodstock Far- mers and Mechanics' Library Society, 521 Barristers' Society. 9 V. c. 48. — An Act to incorporate the Barristers' So- ciety of New Brunswick, 522 Chamber of Commerce. 17 V. c. 27. — An Act to incorporate the Saint John Chamber of Commerce, 524 Quieting Titles. 9 V. c. 19. — An Act to enable the Rector, Church War- dens, and Vestry of Trinity Church, in Springfield, King's County, to dispose of certain l^nds held by them, in exchange for other lands, 531 TABLE OP CONTENTS. XXV. 9 V. c. 69. — An Act to quiet the Titles to certain lands in Fredericton, 532 15 V. c. 68. — An Act to settle and secure the Title to certain lands in the County of Kent, 537 Pickett Escheat. 15 V. c. 52.— An Act relating to the escheated property of Munson Gould Pickett, 553 Turner's Mill. 12 V. c. 12. — An Act to legalize the conveyance of Water to Turner's Grist Mill, in the Parish of Saint Patrick, in the County of Charlotte, 554 Malleable Iron. 16 V. c. 46. — .An Act to authorize the granting Letters Patent for the manufacture of Malleable Iron from the Ore, 555 Banks. 60 G. 3, c. 13. — An Act to incorporate sundry persons by the name of the President, Directors, and Com- pany of the Bank of New Brunswick, 557 2 G. 4, c. 20. — An Act to alter and amend an Act inti- tuled An Act to incorporate sundry persons hy the name of the President, Directors, and Company of the Bank of New Brunswick, 564 6 G. 4, c. 3. — An Act to increase the Capital Stock of the Bank of New Brunswick, 565 6 G. 4, c. 12.— 'An Act to incorporate sundry persons by the name of the President, Directors, and Company of the Charlotte County Bank, 566 4 W. 4, c. 44. — An Act to incorporate sundry persons by the name of the Presidient, Directors, and Company of the Central Bank of New Brunswick, 574 6 W. 4, c. 32. — An Act to incorporate sundry persons by the name of the President, Directors^ and Company of the Saint Stephens Bank, in the County of Charlotte, 585 6 W. 4, 0. 57. — ^An Act to provide for the further increase of the Capital Stock of the Bank of New Brunswick, and to amend and continue the Act for incorporating the said Bank, 597 6 W. 4 c. 58. — An Act to increase the Capital Stock of the Central B^nk of New Brunswick, and to amend the Act incorporating the same, 603 XXVI. TABLE OF CONTENTS. 8 W. 4, c. 9. — An Act in addition to an Act intituled An Act to incoi'porate sundry persons iy the name of the President, Directors, and Company of the Saint Stephens Bank, in the County of Charlotte, 607 8 W. 4, c. 16. — An Act to enable the Proprietors or Shareholders of a Company called the Bank of British North America, to sue and be sued in this Province, in the name of the Manager or of any of the local directors for the time being of the said Company, 608 2 y. c. 26. — An Act in addition to an Act intituled An Act to incorporate sundry persons by the name, of the President, Directors, and Company of the Bank of New Brunswick, 615 5 V. c. 35. — An Act to alter and amend an Act intituled Ak Act to incorporate sundry persons by the name of the Presiderit, Directors, and Company of the Bank of New Brunswick, 617 4 V. c. 29. — -An Act to extend ths provisions of the Act for the increase of the Capital Stock of the Central Bank of New Brunswick, "^ 618 7 V. c. 14. — ^An Act to continue and amend the Act incorporating the Charlotte County Bank, 619 15 V. c. 69. — An Act to continue the Charter of the Central Bank of New Brunswick, 623 15 V. c. 70. — An" Act to continue an Act intituled An Act to incorporate sundry persons by the name of the President, Directors, and Company of the Saint Stephens Bank, in the County of Charlotte, 623 16 V. c. 51.— An Act to extend the Charter of the Pre- sident, Directors, and Company of the Commercial Bank of New Brunswick, 624 16 V. c. 52. — An Act to increase the Capital Stock of the Saint Stephens Bank, in the County of Charlotte, 624 17 V. c. 1. — An Act to incorporate sundry persons by the name of the President, Directors, and Company of the Westmorland Bank of New Brunswick, in the County of Westmorland, 626 17 V. c. 12. — An Act for the further increase of the • Capital Stock of the Bank of New Brunswick, 639 17 V. c. 54. — An Act in further amendment of and in addition to an Act intituled An Act to incorporate sundry persons by the name of the President, Directors, and Company of the Central Bank of New Brunswick, 642 table of contents. xxvu. Water Companies. 2 W. 4, c. 26. — An Act to incorporate sundry persons by the name of the Saint John Water Company, 644 4 W. 4, c. 40. — An Act to revive and amend an Act to incorporate sundry persons by the name of the Saint John Water Company, 652 2 V. c. 33. — An Act to explain and amend an Act inti- tuled An Act to incorporate mndry persons iy the name of the Saint John Water Company, 652 12 V. c. 51. — An Act to increase the Capital Stock of the Saint John Water Company, and to provide a more efficient supply of Water in the City of Saint John, 655 13 V. c. 7. — An Act to amend an Act to increase the Capital Stock of the Saint John Water Company, and to provide a more efficient supply of Water in the City of Saint John, 661 15 V. c. 71. — An Act further to increase the Capital Stock of the Saint John Water Company, 662 16 V. c. 53. — An Act to amend an Act intituled An Act further to increase the Capital Stock of the Saint John Water Company, 663 17 V. c. 56. — An Act to incorporate the Milltown Aque- duct Company, in the Parish of Saint Stephen, 663 17 V. c. 58. — An Act to incorporate sundry persons by the name of the Petitcodiac Water Company, 664 Insurance Companies. 6 W. 4, c. 55;— An Act to incorpora,te the Central Fire Insurance Company of New Brunswick, 672 4 V. c. 41. — An Act to amend an Act to incorporate the CentralFire Insurance Company of New Brunswick, 684 9 V. c. 43. — An Act to incorporate the Mutual Insurance Company, 686 9 v. c. 50. — An Act to amend the Act to incorporate the Central Fire Insurance Company of New Bruns- wick, 687 10 V. c. 77, — An Act to incorporate the King's County Mutual Insurance Company, 688 17 V. c. 63.— An Act to incorporate the Saint John Fire Insurance Company, 689 7 W. 4, c. 54. — An Act to incorporate sundry persons by the name of the New Brunswick Marine Insu- rance Company, 700 XXVllI. TABLE OF CONTENTS. 3 V. c. 14. — An Act to amend an Act intituled .An Act to incorporate sundry persons hy the name of the Kew Brunswick Marine Insurance Company, 714 8 V. c. 48. — An Act to incorporate sundry persons by the name of the Globe Assurance Company, 716 Railways. 13 V. c. 21. — 'An Act to incorporate the Grand Falls Railway Company, 730 14 V. c. 11. — An Act to incorporate the Saint Stephen Railroad Company, 745 15 V. c. 76. — An Act to incorporate the Magaguadaric Railway Company, 753 17 V. c. 53. — An Act to revive ' and amend the Act to incorporate the Grand Falls Railway Company, 775 Telegraph Companies. 11 V. c. 55. — An Act to incorporate the New Brunswick Electric Telegraph Company, 778 12 V. c. 63. — An Act to amend an Act to incorporate tile New Brunswick Electric Telegraph Company, 784 13 V. c. 11. — An Act to incorporate the Fredeficton and Saint John Electric Telegraph Company, 785 14 V. c. 3. — An Act to incorporate the Miramichi and Richibucto Electric Telegraph Company, 790 14 V. c. 7. — An Act to amend and extend the operation of the Act to incorporate the Fredericton and Saint John Electric Telegraph Company, 796 14 V. c. 8. — An Act to incorporate within this Province the British North American Electric Telegraph Association, 797 15 V. c. 72. — An Act in addition to and amendment of an Act intituled An Act to incorporate the Mirami- chi and Richibucto Electric Telegraph Company, 803 16 V. c. 43. — An Act in addition to and amendment of an Act to incorporate the New Brunswick Electric Telegraph Company, 805 Boom Companies. 7 V. c. 34. — An Act to incorporate the Fredericton Boom Company, 807 7 V. c. 49. — An Act to incorporate the Arestook Boom Company, 811 8 V. c. 55. — An Act to incorporate the Nasbwaak Boom Company, 815 TABLE OF CONTENTS. XXIX. 8 V. c. 90. — An Act to amend the Act to incorporate the Fredericton Boom Company, 819 8 V. c. 91. — An Act to continue and amend the Act to incorporate the Arestook Boom Company, 823 9 V. c. 34. — An Act to empower the owners of certain Saw Mills on Hammond River, in King's Counjy, to erect and keep up a Boom or Booms for the securing of Saw Logs on the said River, 825 9 V. c. 45. — An Act to incorporate the Tobique Boom Company, 825 10 V. c. 72 An Act to incorporate the Soath Bay Boom Company, 828 11 V. c. 49. — An Act in amendment of and in addition to an Act intituled An Act to incorporate the South Bay Boom Company, 835 11 V. c. 50. — An Act further to amend and continue the Act to incorporate the Fredericton Boom Com- pany, 839 11 V. c. 51. — An Act to continue and amend the Act to incorporate the Arestook Boom Company, 842 11 V. c. 52. — An Act to amend the Act to incorporate the Nashwaak Boom Company, 843 12 V. c. 62. — An Act in addition to and in amendment of an Act intituled An Act to incorporate the South Bay Boom Company, 844 12 V. c. 67. — An Act to incorporate the Saint Stephen Upper Mills Boom Company, 845 13 V. c. 9. — An Act further to amend and continue the Act to incorporate the Nashwaak Boom Company, 849 14 V. c. 3. — An Act to continue an Act to empower the owners of certain Saw Mills on Hammond River, in King's County, to erect and keep up a Boom or Booms for the securing of Saw Logs on the said River, 850 15 V. c. 74.— An Act to continue an Act to incorporate the Saint Stephen Upper Mills Boom Company, 851 15 V. c. 77.— An Act to incorporate the Saint Stephen Middle Boom Company, 851 16 V. c. 58. — An Act to revive and continue an Act to incorporate the Tobique Boom Company, 852 16 V. c. 65.— An Act to incorporate the Narkawickac Boom Company, 853 17 V. c. 10. — An Act to incorporate the South West Boom Company, 856 XXX. TABLE OP CONTENTS. 17 V. c. 52. — An^Act in amendment of and in addition to an Act to incorporate the South Bay Boom Company, 860 17 V. c. 59. — An Act to increase the Capital Stock of the Nashwaak Boom Company, 863 Saint Stephen Sluice Coi^ipany. 5 V. c. 29. — An Act to incorporate the Saint Stephen Log and Timber Sluice Company, 865 Lacoote Lake River Driving Company. 16 V. c. 66. — An Act to incorporate the Lacoote Lake River Driving Company, 870 Gas Companies. 8 V. c. 89.— An Act to incorporate the Saint John Gas Light Company, 876 10 V. c. 82.— An Act to incorporate the Fredericton Gas Light Company, 882 15 V. c. 26. — An Act to amend the Act to incorporate the Fredericjton Gas Light Company, 888 16 V. c. 55. — An Act to alter and amend an Act intituled An Act to incorporate, the Saint John Qas Light Company, 888 17 V. c. 60. — An Act to incorporate the Saint Andrews Gas Company, 890 Bridge Companies. 8 V. c. 52. — An Act to incorporate the Saint Croix Bridge Company, 896 12 V. c. 69. — An Act to incorporate the Saint John Suspension Bridge Company, 898 15 V. c. 73. — An Act to extend the Act to incorporate the Saint John Suspension Bridge Company, 909 16 V. c. 62.— An Act to incorporate the North West Bridge Company, 910 16 V. c. 63. — An Act to incorporate the Courtney Bay Bridge Company, 917 Mining Companies. 10 V. c. 73. — An Act to incorporate the York and Car- leton Mining Company, 926 12 V. c. 57. — An Act to facilitate the operations of the York and Carleton Mining Company, 928 15 V. c. 87. — An Act to incorporate the Albert Milling Company, > 930 TABLE OF CONTENTS. XXit. 17 V. c. 64. — An Act to incorporate the Asphalte Min- ing" and Kerosene Gas Company, ' 934 Mill Companies. 4 W. 4, c. 39. — An Act for the incorporation of the Saint John Mills and Canal Company, 936 17 V. c. 55. — An Act to incorporate the Fredericton Mill and Manufacturing Company, 937 17 V. c. 57. — An Act to incorporate the Middle Landing Mills Company in Saint Stephen, 939 Saint John Hotel Company. 6 W. 4, c. 63. — An Act to incorporate the Saint John Hotel Company, 941 3 V. c. 43.— An Act, to revive an Act intituled An Act to incorporate the Saint John Hotel Company, 944 16 V. c. 54.- — An Act to amend an Act intituled An Act to incorporate the Saint John Hotel Compani/, 944 Fishing Company. 14 V. c. 14. — An Act to incorporate the Northumberland Straits Fishing Company, 946 15 V. c. 27. — An Act to amend an Act intituled An Act to incorporate the Northumberland Straits Fishing Company, 950 17 V. c. 51. — An Act in further amendment of an Act intituled An Act to incorporate the Northumberland Straits Fishing Company, 951 Plaister Company. 14 V. c. 4. — An Act to incorporate the Hillsborough Plaister and Rail Road Company, 953 Grindstone Company. 13 V. c. 16. — An Act to incorporate the Shediac Grind- stone Manufacturing and Mining Company, 957 15 V. c. 59. — An Act to amend the Act to incorporate the Shediac Grindstone Manufacturing and Mining Company, 960 Steam Companies. 15 V. c. 75 — An Act to incorporate the Saint Andrews Steam Ferry Boat Company, 961 16 v. c. 64.— An Act to incorporate the Nashwaaksiss and Fredericton Steam Ferry Boat Company, 962 17 V. c. 61.— An Act to incorporate the Saint John and Westmorland Steam Navigation Company, .964 XXXU., TABLE OP CONTENTS. 17 V. c. 65. — An Act to ineorporate the Sunbury Steam Factory Company for the manufacture of Agricultu- ral and other Implements, 967 Manufacturing Company. 17 V. c. 2. — An Act to incorporate the Albert Manufac- turing Company, 971 Home Factory Company. 17 V. c. 16. — An Act to incorporate the Yol-k Woollen and Home Factory Company, 975 Timber Bending Company. 17 V. c. 26. — An Act to incorporate the British Ameri- can-Timber Bending Company, 977 \xAa 0f ileto ^rrotoitk. LOCAL AND PRIVATE ACTS. /ie^. 26th 6eor|e 3rd — Chapter 10. An Act for regulating fie Courts of Law established in the several Counties of forty shillings. r the trial of causes to the value Secdon, \ Section. 1. What number of jurors to be retnrnedl 3, Courts, wbere held, &c. and at whose instance. S. Time of imprisonment, by whom limited. 4. Judicial power not to be deputed. Whereas it is necessary foi the effectual administration of Justice in the Clerks' Courts oi the respective Counties, and in the City Court of the City of ! aint John, that further powers be given to the Justices of the *eace and Aldermen presiding therein, and that further regulafons and restrictions be adopted, the more fully to obtain the purposes for which they were instituted ; — ElfOI ! pu SAINT JOHN. [29 G 3 c 10 Be it enacted, Sfc. — 1. The Qonstables and Marshals ap trial of causes in said Courts mpartial men in the stead of d respective Courts on the pointed to summon the juries for shall summon and return three twelve jurors to each of the sa stated monthly terms or days of hrial, and no oftener, in case the Clerks of said Courts sballi respectively signify that the attendance of three such persons is then necessary, for the trials of causes at issue, and not otherwise, which three per- sons so returned shall try all causes at issue in said Courts respectively, in the room and staad of "a jury consisting of twelve jurors as heretofore ordained; and it shall nevei-the- less be in the election of the defendant whiether the cause shall be heard and determined by the Jufl^e and Clerk of the said Court only, or by three such persona, and the defendant shall, on being served with a summons, nqtify the Clerk of the said Court that he wishes three such perslns to be summonedy and if such notice is not given none shall pe returned. 2. The presiding Justice, and no jother person, shall have fulj power and authority to determire and limit the term of imprisonment or length of time the d ifendant shall suffer con- finement, to be inserted in the execi tion against the body by the Clerk, in case the defendant sha 1 not fulfil the judgment given against him ; the said term not to exceed three months as heretofore ordained. 3. The said Courts shall be heldlin the most convenient place in each Town before some o«e of the Justices of the Peace of the County, and the Justice who is to preside at the said Court shall be the only person tp appoint the place where said Court shall be held ; and the several and respective judg- ments which shall be given in any of the said Courts shall be valid and final between the parties, lotwithstanding any defect of form in the entries or pleadings i lade and had in the causes so determined. 4. Provided always, that nothing t in this Act shall be con- strued to give the Clerk any autbi nty to depute his judicial power to any person to act as depui jr, but that in cases where a deputy shall be appointed the Just ce shall be the sole Judge, any thing in any law or ordinance*tD the contrary in any wise notwithstanding. 26 G 3 C 46] SAINT JOHN. 26th George 3rd — Chapter 46. An Act for confirming unto the City of Saint John its rights and privileged. Section. Section. 1. Incorporation of City of Saint John; 2. What rights^ &c. Corporation may hold. Letters Patent, what good. 3. To be deemed a public Act. Be it enacted, fye. — 1. The Mayor, Aldermen, and Com- monalty of the City of Saint John shall and may for ever here- after remain, continue, and be a body corporate and politic, in re, facto et nomine, by the name of " The Mayor, Aldermen, andCommonaltyoftheCityof Saint John," and bythatnamesue and be sued, plead and be impleaded, answer and be answered unto, without any seizure or forejudger, for or upon any pre- tence of any forfeiture or misdemeanor at any time heretofore done, suffered, or committed; and that all and singular Letters Patent, Grants, Charters, and Gifts, sealed under the Great Seal of this Province, heretofore made and granted unto the Mayor, Aldermen, and Commonalty of the City of Saint John, be and are thereby declared to be, and, shall be good, valid,.; perfect, authentic, and effectual in the law, and shall stand and be taken, reputed, deemed, and adjudged good, perfect, sure, available, authentic,^ and, effectual in the law, against the King's Majesty, His Heirs and Successors, and all and every person or persons whomsoever, according to the tenor and effect of the said Letters Patent, Grants, Charters, and Gifts ; and that the same be and are to all intents and purposes hereby ratified and confirmed. 2. The Mayor, Aldermen, and Commonalty of the City of Saint John, and their successors, shall and may for ever here- after peaceably have, hold, use, and enjoy all and every the rights, gifts, charters, grants^ powers, liberties, privileges, franchises, customs, usages, constitutions, immunities, markets, duties, tolls, lands, tenements, estates, and hereditaments, which have heretofore been given or granted unto the Mayor, Aldermen, and Commonalty of the City of Saint John, by any Letters Patent, Grant, Charter, or Gift, sealed under the Seal of this Province. 3. This present Act s^all be accepted, taken, and reputed to be a public Act, of which all and every the Judges and Justices of this Province in all Courts, and all other persons SAINT JOHN. [43 G 3 c S shall take notice on all occasions whatsoerer, as if it were a public Act of Assembly relating to the whole Province j any thing* herein contained to tlpe contrary thereof in any wise notwithstanding. 43xd George Srd — .Chapter 3> An Act for altering the divisions of four of the Wards in tbe City of Saint John, and for changing the mode of Elections within the two other Wards of the said City. Section. Section. 1. What W^rdBi Vi4Ii°^4Wid^cl> 3. Ghart^C, W^n to remain jit force. 2. What Section repealed. - . - - ^ l\ ■." Passed 1 6lh March 1 893>'i Whereas since the granting of the Charter of the City of Saint John, by reason of the removal of many persons froni some of the Wards, the disproportion of inhabitants in the several Wards is at this time very great, and one of the Ward* almost entirely depopulated : And whereas many of the free- men and inhabitants of the said City have, by petition, priayed that a remedy may be provided for the evil consequences arising from such changes ; — Be it therefore enacted, Sfc. — 1. That instead of the present division of the four Wards of the said City on the eastern side of th^ Harbour, the same Wards be hereafter divided by lines drawn froni the Harbour to the rear of the said City, as follows, to wit, through the-centre of King Street, Duke Street, and Saint James and Stownont Streets ; and that all that part of the said City lying to the northward of King Street, be for ever hereafter called and known by the name of King's Ward;: that all that part of the said City between King Street and Duke Street, be for ever bereaAer called and known by the name of ^iieen^s Ward ; that all that part of the said City lying between Duke Street and^ Siaint James and Stormont Streets, be for ever hereafter called and known by the name of Duke's Ward; and that the residue thereof lying to the southward of Saint James and Stormont Streets, be for ever hereafter called and known by the name of Sidney Ward: And that the Elections for the Aldermen, Assistants, and Consta- bles of the same Wards, be held annually within the same 50 G 3 C 1] SAINT JOHN. Wards, as in and by this Act divided, and bounded, iu the same manner and at the same times, and under and subject to the same regulations and restrictions as are provided by the said Charter. 2. Repealed by 9 & 10 G. 4, c. 18. 3, Provided always, that the said Charter of the said City, and every clause, matter, and thing therein contained, except as herein and hereby particularized, altered, and amended, shall be and for ever remain in full force and effect, any thing iierein contained to the contrary thereof ih any wise notwith- standing. <^f^vl2~A 50th George 3rd— Chapter 1. An Act to authorize the Sheriff or other executiva^fficer serving Process at the larish of Saint Martins^o con- vey any Prisoner there arrested, to the Gaol ki the City of Saint John, by waAof the public Road leading through a part of King's County. -Section l.^Prisoners arrested in Saint Martine, where vaiJktyn to be conveyed. PaJed Wlh March 1810. Whereas the only communicaVion bw^and between the City of Saint John, where the gaol of tw€ OUy and County of Saint John is, and the Parish of Saint Martins in the same County, is by the public road from the sail City to the said Parish^ which passes through a part o/ Ring's County, by means whereof no prisoner arrested at/he slid Parish can legally be conveyed to the said gaol mJkny otler way than by water, which may be at times moremangeroK and inconvenient, as well as more expensive tMn by the said public road ; for remedy whereof, — Be it enacted, Sfc. — l./iny person oJ[persDns who may be legally arrested at the siid Parish of Sd|nt Martins upon any process, civil or criminal, may be conveyld from thence to the City of Saint John, t/be committed to tie said gaol there, or for other legal puroistta, by the way of lie said public road, which passes as aftfesaid through a pail of King's County, from the said Prfisb to the said City, Is such prisflHer or prisoners might have been cofiveyed in lase the said publie 6 SAINT JOHN. [52 G 3 c 11 road passed through t^^Ciunty of Saint John only ; provided that in the conveying mWany such prisoner or prisoners no other deviation shall take ptftee than resorting to such house or houses upon or near fo thi said road as may be requisite for rest or refreshment. 52nd George 3rd — Chapter 11. ; An Act to authorize the Common Coancil of the City of Saint John to appoint Constables for such Wards of the City as shall omit to choose the same. Section. ■' . ■ Seefion. •' ;, ., - li :> i.,>» "'i 1. Constables when not chosen, by whom 3. When to be sworn, fine on negletit, ic. appointed. ' 4. dualification of persons' appointed. '' ■' 2. When in case of death, &.C., Common Council may appoint. Passed 7th March 1812. Whereas by the Charter of the City of Saint John, the freemen and freeholders of the said City, being inhabitants, are authorized and empowered to elect annually one Constable for each of the six Wards of the City : And whereas it has frequently happened that in some of the said Wards no Con- stable has been chosen agreeably to the provisions of the said Charter; — Be it enacted, fyc. — 1. It shall and may be lawful for the Common Council of the said City annually to appoint one fit person to be Constable for each and every of the said Wards in which no constable shafll have been chosen agreeably to the provisions of the said Charter. 2. If any person appointed to the office of Constable under and by virtue of this Act, or elected to the same office agree- ably to the provisions of the said Charter, shall happen to die or remove out of the said City within the time for which he shall be so appointed or electedj or shall refuse to take upon himself to execute the said office when so appointed or elected, it shall and may be lawful for the said Common Council to appoint one other fit person to execute the said office, in the room of such person so dying, or removing, or refusing to take upon himself to execute such office. 3. Every person appointed under and by virtue of this Act shall, before he executes the office of Constable, be duly sworn 56 G 3 C 1} SAINT JOHN. as is provided by the said Charter in the case of persons elected to the said office ; and any person who shall refuse, deny, delay, or neglect to take upon him to execute the said office when so appointed by the said Common Council, shall be subject to the like fine as is provided by the said Charter upon the refusal or neglect of any person to take upon him to execute the said office after being elected to the same ; to be imposed or recovered, and levied and collected as in and by the same Charter is provided. 4. The persons who may be appointed to the office of Con- stable under and by virtue of this Act, for the several Wards in the eastern district of the said City, shall be inhabitants of the Wards for which they shall be respectively appointed, and freemen of the said City ; and the persons who may Jbe in like manner appointed for the Wards in the western district of the said City, shall be inhabitants of the said district, and freemen of the said C!ity. 56th George 3rd — Chapter 1. * An Act to increase the number of Constables ip the City of Saint John. Section. ^ Section. 1. Additional Constables, by whom ap- 2. What oaths to take, &e. ' pointed. : . ; : , , ,, , 3. What fine for, neglect, &c. Passed 1th March 1816. Whereas in and by the Charter of the City of Saint John, the number of Constables in and for the said City is limited to six, that is to say, one Constable for each Ward in the said City, and that number is found by experience to be greatly insufficient in the present increased state of the population of the said City ; — Be it therefore enacted, &fc.^\. From and after the passing of this Act, it shall and may be lawful to and for the Mayor, Aldermen, and Commonalty of the said City of Saint John, or the major part of them, in Common Council convened, on the first Tuesday in April in each and every year, to name and appoint such and so many of the inhabitants of the said City, being freeholders there, or freemen of the said City, as they shall see convenient, not to exceed the number of twelve, to be 8 SAINT JOHN. [58 G 3 c 12 Constables in the said City for the ensuing year, in addition to the Constables annually elected and chosen in each respec- tive Ward in the said City under and by virtue of the said Charter. 2. The Constables to be appointed by virtue of this Act, shall take the same oaths, and be subject and liable to the same fines, penalties, duties, rules, ordinances, and regulations, in every respect, and to all intents and purposes, that the Con- stables so elected and chosen under and by virtue of the said Charter, are by the said Charter directed to take, and are by the said Charter, or otherwise by law, subject and liable unto, 3. If any Constable in the said City of Saint John shall be guilty of any neglect or misbehaviour in the execution of the duty of bis office, he shall forfeit and pay, for the use of the Mayor, Aldermen, and Commonalty of the said City, the sum of forty shillings for every such neglect and misbehaviour, to be reco- vered upon proof of such neglect or misbehaviour, by the oath of one credible witness, before the Mayor or Recorder and any one of the Aldermen of the said City, to be levied by war- rant of distress and sale of the offender's goods and chattels, rendering the overplus, if any, after deducting the costs and charges of prosecution, to the offender. 58th George 3rd — Chapter 12. Aq Act further to provide for the security of the City of Saint John against the ravages of Fire. SfiOfOB. Section. 1. Width of street Sec. and dwelling house 2, When such building deeme;d a naisance. &c. OD what street &c. to be erected. >■ >.^,< ■-_ _, Passed llth March 1818. 'Be it enacted, ifc. — 1. No street, way, lane, or alley shall be hereafter laid out and established as a public street and highway within the said City, unless the same shall be of the width of fifty feet at least, and no dwelling house, store, or other building of what nature or kind soever, shall be built, erected, or set upon any street, way, lane, or alley, public or private, hereafter to be laid out or thrown open for use within the said City, that shall not be of the width of fifty fbet as aforesaid ; provided always, that nothing herein con- 5 G 4 C 24] SAINT JOHN. 9 tained shall extend or apply unto, or be construed to extend or apply unto any streets or ways within the said City already actually laid out or thrown open for use, and on which any building or buildings are actually built or erected. 2. Each and every dwelling house, store, or other build- ing that shall or may be erected, built, or set up within the said City by any person or persons whomsoever, on any street, way, lane, or alley hereafter to be laid out or thrown open for use as aforesaid, and which shall be less in width than fifty feet at least as aforesaid, shall be deemed and adjudged a common nuisance. 5th George 4th — Chapter 24. An Act to extend the powers of the Mayor, Aldermen, and Commonalty of the City of Saint John, for preventing the encumbering and filling up of the Harbour of the said City, to the Waters and places of Anchorage in the vicinity thereof. Section 1. — "When Corporation may n)»ka Bje Laws respeeting Roadstead, (lc. Passed Wth March 1824. Whereas it is expedient to extend the powers of the Mayor, Aldermen, and Commonalty of the City of Saint John, for pre- venting the encumbering and filling up of the Harbour of the said City, to the places of anchorage and waters of the Bay of Fundy contiguous or near to the said Harbour and City, and without the limits of the same ; — Be it enacted, 8fc, — 1. It shall and may be lawful to and for the Mayor, Aldermen, and Commonalty of the said City of Saint John, in Common Council convened, and they ai-e hereby authorized and required from time to time as they shall find it necessary and expedient, to make any bye laws, rules, and regulations for preventing the unloading or throwing overboard of any ballast or rubbish in any roadstead, place of anchorage, or waters of the Bay of Fundy contiguous or near to the Harbour of the said City, and without the limits of the said City, or for preventing such roadsteads, places of anchorage, or waters, being in any other manner encumbered or filled up, and to enforce the observance of such bye laws, rules, or 10 SAINT JOHN. [9 G 4 c 2 regulations, by pains, punishments, and penalties, in such and tiie like manner to all intents and purposes as the said Mayor, Aldermen, and Commonalty may now do by virtue of the Charter of the said City, or otherwise by law, with regard to the Harbour and places within the limits of the said City. 9th George 4th— Chapter 2. An Act to authorize the Justices of the Peace of the City and County of Saint John to raise a sum of money lor completing the Court House of the said Cjty and County. Section. Section. 1. Completion of Court House, what sums 3. For what annual assessment may be may be borrowed for, &c. made. 3. Notes made negotiable, See. 4. Application of annual assessment. 5. Treasurer's fee. '■ Parsed 5th April ] 828. Be it enacted, &fc. — 1. It shall and may be lawful for the Justices of the Peace in and for the City and County of Saint John, at any General Sessions of the Peace for the said City and County, to borrow such sums of money as may from time to time be required for the completion of the Court House lately erected in the said City, not exceeding in the whole the sum of four thousand pounds, to be paid off and discharged in the manner hereinafter mentioned ; the same to be taken in loans of not less than one hundred pounds ; and that Certificates or Notes in the following form, or to that effect, shall be pre- pared and delivered to the persons from whom such loans may be obtained, viz : — " Number " City and County of Saint John, ss. — These are to certify that [Acre insert name, residence, and addition of lender'] hath lent and advanced to the Justices of the Peace for the said City and County the sum of one hundred pounds currency, which sum is payable to him or his order, together with lawful interest, pursuant to an Act of Assembly made and passed in ihe ninth year of His Majesty's Reign, intituled An Act to authorize the Justices of the Peace of the City and County of Saint John to raise a sum of money for completing the Court House of the said City and County. — Dated the day of 9 G 4 C 2] SAINT JOHN. 11 in the year of our Lord one thousand eight hundred and By Order of the Sessions. C. D. Clerk. A. B. Presiding Justice." Which same certificates or notes shall be signed by tfie Justice presiding at the said Sessions, and countersigned by the Clerk, and shall be respectively numbered according to the time in which the same may be made and issued, and a memorandum thereof shall be duly entered by the Clerk in the Minutes of the Court. 2. The said certificates or notes shall be negotiable in the same manner as promissory notes, and the holders thereof shall be entitled to receire interest for the same annually, to be paid by the Treasurer of the said County out of the assess- ments hereinafter mentioned. 3. It shall and may be lawful for the said Justices of the Peace of the said City and County, and they are hereby autho- rizied and required to make a rate and assessment of fiour hundred pounds in the present year, and a rate and assessment for a like sum in each and every succeeding year, besides the charge for assessing and collecting, for the purpose of complet- ing the said building and discharging the principal and interest of the loans contracted for that purpose by virtue of this Act, ijntil the same shall be paid off; the said several sums to be assessed, levied, collected, and paid in such proportions and in the same manner as any other County rates for public charges can or may be assessed, levied, collected, and paid under and by .vijrtue of any Act or Acts which at the time of making such assessments may be in force in the Province for assessing, levying, and collecting of rates for public charges. 4. The moneys to be assessed as aforesaid siall from time to time b^ applied, after discharging the yearly interest due on the several loans, to the payment of the principal sums men- tioned in such certificates or notes in due order according to the numbers, beginning with number one ; and the said County Treasurer shall from time to time give one month's public notice by advertisement in one of the Newspapers published in the said City, for calling in such and so many of the certificates as he is prepared to pay ofi^, specifying the numbers in such advertisement ; and from and after the expiration of such no- tice the interest on such certificates shall cease. 12 SAINT JOHN. [9 G 4 c 4 5. The said County Treasurer shall be entitled to the sum of three pence on the pound for his services in receiving and paying the said moneys so t6 be assessed under the provisions of this Act, and no more. 9th George 4th — Chapter 4. An Act relative to the Streets and Squares in the City of Saint John. Section. Beciion. ;i. Wbat s^eps, &e., to honsea may be i. Bye Jnws, when to be in force. allowed. 5. 'When confirmed. H. Wbat squBTes, Ac, may be enclosed. 6. Linritadon. 3. ForticOf to wbat building may be made. Pimed 5th jlpril 1828. Whereas in consequence of the irregularities of the ground upon which the City of Saint John is iaid out, it has been found expedient to make various and extensive alterations in thA level of tlie streets, which have rendered it necessary in many instances for the proprietors of houses fronting on such streets to erect steps or stairways in order to have access to their respective houses ; and it is considered that the general width of the streets of the said City will admit the placing of such steps or stairways without any material obstruction to the passage along such streets, and the same have been authorized by the Corporation of the said City : And whereas doubts have arisen whether the said Corporation is empowered by Ohartei' or any law now in force to permit the erection of such stepiS or stairways, and it is expedient that the said Corporatioil should be allowed to exercise such power under certain limi- tations and restrictions ; Be it therefore enacted and declared, fyc. — 1. It shall and may be lawful for the Mayor, Aldermen, and Commonalty of the City of Saint John, or the major part of them, in Common Council convened, to authorize and allow the erecting, placing, and maintainiiig of steps or stairways for the convenient access to the ground floor of houses adjoining any street or streets in such parts of the said City as they may deem proper, and from time to time to make, establish, and ordain such bye laws, ordi- nances, rules, and regulations, as well for the keeping, erecting, placing, or maintaining, as for the better regulating and ar- 9 G 4 e 4J SAINT john. 13 ranging with uniformity such steps or stairways, and also for the taking down and removal either in whole or in part of saeh steps or stairways as are no w erected or hereafter may be erected in the said City ; provided always, that no steps or stairways shall be allowed to extend out upon such streets or any of them more than four feet, or more than a tenth part of the breadth of such streets as are less than forty feet broad ; and provided also, .that no ste^is leading to any other than the ground floor or story shall be placed upon any part of the said streets. 2. And whereas the enclosing of the two public Squares in the said City, calledbythenames of King's Squareand Queen's Square, with an open fence or railing, and planting the same with trees, would conduce much to the ornament of the said City ; — It shall and may be lawful for the said Mayor, Alder- men, and Commonalty, or the major part of them, in Common Council convened, to authori'ze and direct the said pnblie Squares to be enclosed either in whijle or in part or parts with open fences or railings, and the same to be laid out and planted with trees and shrubs in such manner as they may deem expe^ dient; and from time to time to make such bye laws, ordi- nances, rules, and orders for the erecting, keeping, and pre- serving such fences, railings, and trees, in order to prevent damage or injury to the same, as also for the due regulation of su«h Squares ajid the passage of foot passengers in,, through, and over the same, as to them may seem necessary and proper; provided always, that no such enclosures shall be made so as to narrow or interfere with the passage of the public streets running along the sides of such Squares, nor shall any fences or trees be placed or set out within sixty feet of the buildings fronting on such Squares or either of them. 3. And w,hereas it would much add to the ornament and convenience of the Court House lately erected in the said City, on the east side of King's Square, if a portico were placed in front of the same ;— It shall and may be lawful for the Justices of the Peace of the said City and County of Saint John, in General Sessions assembled, with the consent of the Common Council of the said City, to erect, place, and maintain a por- tico and steps in front of the said Court House ; provided the same shall not extend more than fifteen feet upon the said public Square. 14 SAINT JOHN. [9 G 4 c 7 4. Provided always, that no bye law or ordinance to be made by the said Mayor, Aldermen, and Commonalty of the City of Saint John, in pursuance of this Act, shall be in force or valid until the same shall be confirmed by His Excellency the Lieu- tenant Governorj and His Majesty's Council, and that when so confirmed the same shall not be altered, amended, or repealed, by any other bye law or ordinance of the said Corporation, unless such other bye law or ordinance shall likewise be con- firmed in the manner aforesaid. 5. Provided also, that all bye laws or ordinances, before they shall be sent up to His Excellency the Lieutenant Governor and Council for their confirmation, shall be -published in one of the Newspapers of the City at least four weeks before the same shall be so sent, which publication shall be proved to the satisfaction of the Lieutenant Governor and Council before such confirmation shall be given. 6. This Act shall continue and be in force for the term of ten years and no longer. 9th George 4th — Chapter 7. An Act to authorize the Mayor, Aldermen, and Common- alty of the City of Saint Jolin, to open a Street from the Wharf on the south side of the Market Slip to the Wharf owned jby Charles I. Peters, Esquire. Section. Section. 1. Ward Street, how opened. 3. His Majesty's rights not to be affected. 2. Houses, &c., erected thereon, of what height. Passed 5th April 1828. Whereas by an Act made and passed in the fifty eighth year of the Reign of His late Majesty King George the Third, intituled An Act further to provide for the security of the City of Saint John against the ravages of Fire, it is enacted that no street, lane, or alley should thereafter be laid out and esta- blished as a public street and highway within the said City unless the same should be of the width of fifty feet at least : And whereas a large number of the most respectable inhabi- tants of the said City have petitioned the General Assembly that authority may be granted to the Mayor, Aldermen, and Commonalty of the City of Saint John, to lay out a street from 1 W 4 C 12] SAINT JOHN. 15 the wharf on the south side of the Market Slip to the wharf of Charles I. Peters, Esquire, of a less width than fifty feet, such street having been originally contemplated at the laying out of the lots adjoining the said Market Slip ; — Be it therefore enacted, ^c— 1. The Mayor, Aldermen, and Commonalty of the City of Saint John shall be and they are hereby fully authorized and empowered, if they shall deem it expedient, to lay out and establish a public street or highway leading from the said wharf on the south side of the Market Slip, west of the store owned or occupied by John Ward, Esquire, to the wharf formerly belonging to Thomas Horsefield, Esquire, now in the possession of Charles I. Peters, Esquire, of such width, and under such rules and regulations as they may deem necessary; provided that such' street so to belaid out be not of a less width than thirty feet. 2. No house or store hereafter to be built on the lines of the said proposed street shall be more than three stories in height besides the gable. 3. Provided always, That nothing herein contained shall extend or be construed to affect the rights of the King's Majesty, His Heirs and SuccessorSj or any person or persons, body politic or corporate whatsoever. >f^ ^a 1 ^1.7 Air, ^^ia«feZ^ a^^ 1st William 4th — Chapter 12. An Act to remove doubts respefting the Gompetencjr of Citizens of the City of Saint jihn as vyniesses in cases where the Corporation of that ICity iara. party. Section 1. — Who to be competent witnessei in a^it of Corporation. fassed 25th March 183i. Whereas doubts have arisen as torthe competency of citi- zens of the City of Saint John as w jmdsses in cases where the Corporation of that City is a part^ — ' Be it declared and enactetLf^c. — |. No person shall be deemed an incompetent wituefis iri any cJLe in which the Mayor, Aldermen, and Commonly of the CityUpf Saint John may be a party or interested,yDy reason of slch person being an inhabitant, freeholder, Ct freeman of the^id City. 16 SAINT JOHN. [2 W 4 C 25 2nd William 4th — Chapter 25. An Act to establish and regulate a Ferry and Public Landing at Indian Town, in the County of Saint John. Section 1. — Justices, what Ferry and regulations may make. Passed 9th March 1832. Be it enacted, fye. — 1. The Justices of the General Ses- sions of the Peace for the City and County of Saint John be and they are hereby authorized and empowered to make regulations for the public landing at Indian Town, in the Parish of Portland, and to establish a Ferry from that place to the opposite shore near to Level's Point, and to fix the rates and fkres to be taken at such ferry, and to make and ordain rules and regulations for keeping the landings upon each shore clear from rafts and other obstructions of every nature and kind whatsoever, and to fix penalties for the breach of such rules and regulations, not exceeding five pounds for any one ofiTence, to be recovered on the oath of one or more credible witness or witnesses before any one of the Justices of the Peace for the City and County of Saint John, and levied by distress and sale of the offender's goods and chattels ; one half of which penalties so recovered to be paid to the party complaining, and the other half to the Overseers of the Poor for the said Parish of Portland, for the use of the poor thereof. 3rd William 4th — Chapter 11. An Act to alter and amend the Charter of the City of Saint John. S'ection 1. — Mayor or Recorder, when to be present at appointment of Chamberlain. Passed I9th March 1833. Whereas in and by the Charter of the City of Saint John the appointment of Chamberlain of the said City is to take place in manner following, that is to say, the Majror, Recorder, and three or more Aldermen, and three or more of the Assist- ants of the said City for the time being, on the said first Tues^ day in April in every year for ever hereafter, shall and may in Common Council name and appoint one fit person, being a free- holder or freeman, and an inhabitant of the said City, to be Treasurer or Chamberlain of the said City for the year ensu- 3W4cn&13] SAINT JOHN. 17 ing: And whereas the Mayor, Aldermen, and Commonalty of the said City, in Common Council convened, have by their Petition represented that the vi^ord "or" has by mistake been omitted in the said Charter, whereby in case of the absence either of the Mayor or Recorder at any time when the annual appointment of Chamberlain should take place, the same Chamberlain must continue in office for another year, although in all other cases the presence of the Mayor or Recorder in Common Council is by the said Charter declared to be suffi- cient ; — Be it therefore enacted, ^c. — 1. In all future appointments of a Chamberlain for the City of Saint John, under and by virtue of the said Charter, it shall not be necessary for both the Mayor and Recorder of the said City to be present, but the same shall be made by the Mayor or Recorder and three or more Aldermen and three or more Assistant Aldermen of the said City, in Common Council, according to the terms of the said Charter, except where the same is herein and hereby altered. 3rd William 4th — Chapter 13. An Act to provide for more effectually repairing the Streets and Bridges in the City of Saint John. Section. Section. 1. Kepeal of Act. 9. Neglecting, &c., to accept office, &c. ; S. Corporate powers, to what restricted. penalty. 3. Whit persons required to wort on 10. Surveyors' and Collectors' duties. Streets. 11. Where Corporation may direct work to 4. Assessment for labour, by whom made. - be done. 5. Appeal. IS. Separate accounts to be kept, by whom 6. What sum may be taken for labour, but and how. no substitute allowed. 13. Lists of persons liable to work, by and to^ 7. Surveyors of Highways, by whom and whom to be furnished. Penalty. how appointed, &c. 14. Recovery of amount assessed, when and 8. Common Clerk's duty. Oath of Sur- how ; application. When labourer veyoM, &c, may be dismissed, &c. Passed \3lh March 1833. ■ Whereas the Mayor, Aldermen, and Commonalty of the City of Saint John, by the Charter of the said City ratified by an Act of the General Assembly, are authorized and empowered to make, lay out, alter, amend, and repair the streets, high- ways, and bridges in and throughout the said City and the vicinity thereof, and also beyond the limits of the said City on either aide thereof throughout the County of Saint John : And 2 18 SAINT JOHN. [3 W 4 c 13 whereas in accordance with the petition of the Mayor, Alder- men, and Commonalty of the said City of Saint John, it is expedient that the powers of the said Mayor, Aldermen, and Commonalty of the said City, respecting the streets, highways, and bridges as aforesaid, should not extend beyond the limits of the said City : And whereas it is just and equitable that the freemen and inhabitants of the said City should do and per- form days' work as the other inhabitants of the Province, for the purpose of completing and amending the public roads and bridges of the said City ; — Be it therefore enacted, &fc. — 1. That an Act made and passed in the second year of the Reign of His present Majesty, intituled An. Act further to continue the Acts relative to Streets and Highways in the City and County of Saint John, be and the same is hereby repealed. 2. The powers given in and by the Charter of the City of Saint John relative to the streets, highways, and bridges of the City and County of Saint John, shall not extend or be construed to extend to give the Mayor, Aldermen, and Com- monalty of the said City authority to make, lay out, alter, amend, and repair the said streets, highways, and bridges in and throughout any part of the said County of Saint John ; provided that nothing herein contained shall extend to alter or abridge the powers of the said Mayor, Aldermen, and Com- monalty of the said City to make, lay out, alter, amend, and repair the said streets, highways, and bridges in and through- out the limits of the said City of Saint John, according to the provisions of the Charter ; and provided also, that all roads, streets, and highways heretofore laid out, and which are now used as such, and also all public bridges heretofore built and now used as such, shall be and the same are hereby deemed and established to be the public roads, streets, highways, and bridges of the said City and County, and shall continue so to be until the same shall be altered by the proper authorities. 3. All freemen and other male inhabitants of the said Citj, of the age of sixteen years and upwards, shall perform labour on the streets and highways of the said City, at and after the following rates, that is to say, hired servants, common labourers, licenced school masters, apprentices, and other per- sons under the age of twenty one years, two days ; journeymen 3 W 4 C 13] SAINT JOHN. 19 mechanics and other persons not coming within the description of persons before designated, whose whole property, real and personal, may not exceed one hundred pounds, three days; all persons whose real and personal property may exceed one hundred pounds and not exceed two hundred and fifty pounds, four days ; exceeding two hundred and fifty pounds and not exceeding four hundred pounds, five days ; exceeding four hundred pounds and not exceeding seven hundred and fifty pounds, six days ; exceeding seven hundred and fifty pounds and not exceeding one thousand pounds, seven days ; exceed- ing one thousand pounds, eight days ; exceeding two thousand pounds and not exceeding five thousand pounds, or whose yearly income, from whatever source arising, exceeds three hundred pounds, twelve days ; exceeding five thousand pounds, or whose yearly iticome exceeds five hundred pounds, sixteen days ; and all other male inhabitants of the age of twenty one years, who may not be included in any of the foregoing descrip- tion of persons, four days : provided always, that upon appli- cation to the Mayor, Recorder, and Aldermen of the said City, or any two of them, they shall and may, at their discretion, lessen the number of day's work to be performed by any poor or indigent person. 4. It shall be the duty of the Assessors of Rates for the City of Saint John, on or before the tenth day of May in each year, to make the assessment of statute labour on the freemen and inhabitants of the said City, according to the scale hereinbefore mentioned, if required so to do by the said Mayor, Aldermen, and Commonalty ; or the said Mayor, Aldermen, and Com- monalty may, if they think fit, nominate and appoint three or more fit persons to be assessors for that purpose, who shall be duly svyorn to the discharge of their duty, and liable to the like penalties for refusal to act, or neglect of duty, as other asses- sors in the said City. 5. In case a ny person in the City of Saint John shall deem him- self aggrieved by any assessment made under this Act, it shall and may be lawful for him to appeal to the Common Council of the said City, who shall examine into the merits of the said ap- peal, and whose decision shall be final ; provided that a memo- randum of every such appeal shall be entered in the Common Clerk's office, within fifteen days after the appellant shall have 20 SAINT JOHN. [3 W 4 c 13 received notice of the said assessment, with an affidavit annexed, in the form following, or to that effect : — ' I , resident in , do make oath that all the pro- ' perty, real and personal, owned by me, or by any other person ' in trust for me, or for my use, whatsoever and wheresoever, ' does not exceed in value, and that my yearly income • does not exceed [or, in case of the person appealing being ' among the first, class of persons who are to pay hut two days, ' the affidavit shall be that he is a hired servant, common labourer, ' licenced school master, apprentice, or person under the age of ' twenty 07ie years']. Sworn the day of 18 , before ' , Justice of the Peace.' And in case the appeal be allowed, the rate shall be amended accordingly, and the Common Council may in their discretion direct the collector or collectors to repay, out of the moneys collected by him, the amount overcharged, or to make allow- ance therefor in the labour of the next year in case the appel- lant should have performed the whole labour assessed prior to hearing the appeal. 6. If any person asessed for statute labour shall prefer pay- ing money to doing such labour, it shall and may be lawful for the collector or collectors to be appointed by the Mayor, Aldermen, and Commonalty, within the City of Saint John, to take and receive the same at and after the rate of two shillings and six pence per day for each day's labour required to be done by such |ierson ; and no person whosoever shall be permitted to work by substitute. 7. The Mayor, Aldermen, and Commonalty of the said City, in Common Council convened, are hereby authorized and required on the third Tuesday in March, or within the next four succes- sive days, in each and every year to appoint, by warrant or warrants under the Common Seal of the said City, one or more fit person or persons to be a surveyor or surveyors of the High- ways for the said City, assigning to him or them in such war- rants the limits of the district within and over which he or they shall exercise the duties and powers incident to his or their office, both with respect to the times and places where the work is to be performed, and the persons to be summoned to perform such work ; and in case of the refusal of any snch person or persons to accept of such office, or in case of any 3 W 4 C 13] SAINT JOHN. 21 vacancy by death or removal, or other incapacity of such sur- veyor or surveyors to perform the duties of his or their office, the said Mayor, Aldermen, and Commonalty are authorized and required in like manner to appoint another or others in his or their place. 8. It shall be the duty of the Common Clerk of the said City, immediately after the making of any appointment as eforeisaid, to deliver or transmit to ihe said surveyor or sur- veyors so appointed, his or their warrant or warrants of appointment ; and each and every person so appointed shall, within fourteen days after receiving the same warrant, be duly sworn to the faithful performance of the duties of his •or their office, before the Mayor, Recorder, or either of the Aldermen of the said City, which oath they are hereby severally authorized and required to administ.er, and to endorse a certi- ficate thereof upon each of the said warrants of appointment. 9. Each and every person so to be appointed, who shall neglect and refuse to accept of the office of surveyor as afore- said, and to take the oath herein before required within the time limited as aforesaid, or shall neglect or refuse to do and perform any of the duties herein required of him, shall for «ach and every offence forfeit and pay the sum of three pounds, to be recovered before any one of His Majesty's Justices of the Peace, by and in the name of the Chamberlain of the said City, on the oath of one or more credible witness or witnesses, or on confession, and levied with costs of prosecution by war- rant of distress and sale of the goods and chattels of the offen- der, and to be laid out on the highways, streets, and bridges of the said City. 10. It shall be the duty of the several surveyors of highways within the said City, appointed by the Mayor, Aldermen, and Commonalty as aforesaid, on or before the fifteenth day of May in each and every year, to make out and transmit to the Chamberlain of the said City, lists of all persons within their respective districts who are by law liable to work upon the highways, streets, and bridges, and after the assessment list is handed to them to summon the said persons to work, and super- intend them, and from time to time in each and every year to render to the collector or collectors of taxes for the said City, lists of all persons who may be defaulters, and the said collector 22 SAINT JOHN. [3 W 4 c 13 or collectors shall forthwith proceed to recover the sums due from such defaulters ; and the said surveyor or surveyors, and collector or collectors, shall render to the Chamberlain of the said City all their lists and accounts in complete order, on or before the first day of December in each and every year, under the penalty, for every default, often pounds. 11. Provided always, that whenever the said Mayor, Alder- men, and Commonalty shall direct any surveyor to work in a particular part of, >or any particular place or bridge within his district, or to take any number of persons belonging to his district out of such district into the next adjacent district, it shall be the duty of the said surveyor to attend to the same, and perform such duty so required of him. 12. The said Chamberlain of the said City shall keep an account of moneys received by him by virtue of this Act, sepa- rate and distinct from the accounts of other funds in his hands, and obey all orders of the Common Council of the said City for the expenditure thereof; and on or before the first day of April in each year shall make out an account, with vouchers, of all moneys received and paid by him as aforesaid, and lodge the same with the Clerk of the said Common Council, together with the lists and accounts which he may have received from the said surveyors and collectors, to be laid before the said Common Council. 13. Every person when called upon by the surveyor of any district within the said City, shall within twenty four hours give and render to the said surveyor a particular account and statement, in writing, containing the names of all persons who may be in his, her, or their employ, or who may be resident in the house kept or occupied by such person or persons, and who may be liable to perform labour on the highways; such statement to contain not only the names of persons belonging to his, her, or their family, but also the names of any boarders, lodgers, and domestic servants who may be liable as aforesaid ; and if any such person or persons shall neglect or refuse to render such account when so called upon, or shall give or render a false or incorrect account or statement, he or she shall forfeit and pay the sum of five pounds, to be sued for and recovered by and in the name of the Chamberlain of the said City, in the City Court of the City of Saint John, or before 3 W 4 C 21] SAINT JOHN. 23 any one Justice of the Peace in and for the City and County of Saint John, for the use of the said Mayor, Aldermen, and Commonalty, to be by them specially applied in making, alter- ing, and repairing the roads within the said City. 14. If any person or persons when so summoned lo labour as aforesaid by the surveyors of their respective districts, shall neglect or refuse to appear agreeably to such summons, he or they shall be taken to have inade their election to pay at and after the rate of two shillings and six pence per day, according to the number of days they may be assessed ; and if he or they shall neglect or refuse to pay the same when required by the collectors within the City, the same may be recovered by and in the name of the Chamberlain of the said City for the time being, before the City Court, or before any one Justice of the said City and County, and when recovered, applied to the use of the said Mayor, Aldermen, and Commonalty, for the making, altering, and repairing the roads within the said City ; and if any person who shall appear agreeably to such summons, and being under the directions of such surveyor, shall refuse or neglect to work, or shall not work in such manner as to satisfy such surveyor, he is hereby empowered to dismiss such person from the work, and the Chamberlain shall proceed against him in the same manner as herein before directed to be done against persons neglecting to appear and labour after being duly summoned, to be recovered, used, and applied as in the case last aforesaid. 3rd William 4th — Chapter 21. An Act to prevent the importation and spreading of infec- tious Distempers in the City of Saint John. Section. Section. 1. Repeal of Acta. 7. Boarding Vessels having signals, &c., 2. Vessels when notto proceed up the Har- penalty, &c. Departing frcm,penalty,&c. bour of Saint John, how inspected. 8. When perEons may be landed from Fhysician's and Common Council's duty. Vessels in auarantine. Vessels how „ w^ . '■ , , . . , , purified, &c. Breaking ttuarantine, / wk "^^^^'^ " '""^' signals, &c , when. when persons may be oonteyed back. Ice. 1. Who not permitted to land, and when. 9. Special Constables, appointed by whom, l-enalty. a„j f^^ ^j^^^j purposes. Intercourse 5. Instructions for Pilots. ^ith persons in auarantine, when land- t. i-nysicians, when and by whom appointed ; ing prohibited, penalty, &.C. duties and powers, fees and penalties ; 10. Infectious diseases breaking out amone Masters making falsereport, dec, penalty. such persons, what proceedings. 11. Recovery and application of penalties. Passed ]9th March 1833. 24 SAINT JOHN. '[3 W 4 c 21 Whereas the several Acts relative to the importation and spreading of infectious distempers in the City of Saint John, have by experience been found inadequate ; — Be it enacted, ^c. — 1. An Act made and passed in the tenth and eleventh years of the Reign of His late Majesty King George the Fourth, intituled An Act to repeal all the Acts now in force relative to the importation and spreading of infec- tious distempers in the City of Saint John, and to make inore effectual provision for preventing the same ; and also an Act made and passed in the first year of the Reign of His present Majesty, intituled An Act to amend an Act, intituled ' An Act to repeal all the Acts now in force relative to the importation and spreading of infectious distempers in the City of Saint John, and to make more effectual provisions for preventing the same;' and also an Act made and passed in the second year of the Reign of His present Majesty, intituled An Act further to amend the Act relative to the importation and spreading of infectious distempers in the City of Saint John, and to extend the provisions thereof, be and the same are hereby repealed. 2. No vessel arriving in or near the harbour of Saint John, having on board the small pox, yellow fever, or other pestilen- tial or contagious distemper, or coming from any port or place infected with any such distempers, or at or near which any such distempers at the time of her departure were known or supposed to prevail, or from any port or place in the West Indies, South America, the United States of America from Boston and the southward of Boston, Bermuda, Africa, or the Mediterranean, or having passengers on board from any port or place in the world (save and except in this Province, Canada, Nova Scotia, Prince Edward IslaA'd, Newfoundland, and the United States of America to the northward of Boston), between the first day of May and the first day of November in any year, or on board of which said vessel any person during the voyage had been sick or had died of any such distemper, shall come, proceed, or be navigated or conducted further or higher up into the harbpur of Saint John than a line running from the west point of Partridge Island westerly until it meets Negro Town Point, and east from the eastern point of Partridge Island extending till it reaches the shore to the northward of Black Point ; or, in case the Mayor, Aldermen, and Common- 3 W 4 C 21] SAINT JOHN. 25 alty of the City of Saint John in Common Council convened, shall by their order or notice in writing grant permission, further or higher up than a line to run from the Breakwater to Sand Point in Carleton, until such vessel shall have been duly inspected and examined by the Physician or Physicians to be for that purpose appointed as hereinafter mentioned, nor until the said Physician or Physicians shall signify his or their consent and permission, in writing, that such vessel may pro- ceed without danger to the inhabitants of the said City ; and if on such inspection and examination as aforesaid, the said Physician or Physicians shall consider that danger is likely to result totheinhabitantsof the said City, from permitting the said vessel to proceed further than the said outer line, or inner line if so ordered by the said Common Council, or if the said Phy- sician or Physicians shall be directed by the said Common Council so to do, he or they shall order the said vessel to be brought to anchor without the outer line aforesaid, or the said inner line if so established for that purpose by the said Com- mon Council, and remain there for such space of time, not exceeding three days, to be fixed by the said Common Council, tinless the said Common Council of the said City shall ordain and direct that the said vessel shall perform quarantine ; in which case the master or commander of such vessel shall either cause the same to remain in the place where she was first brought to anchor under the orders of the visiting Physician or Physicians as aforesaid, or shall forthwith cause the said vessel, with all the persons, goods, and cargo on board thereof, to be removed to, and to anchor at such place and for such length of time, not exceeding forty days, as the said Common Council may think proper to direct and appoint ; and the same vessel, with the persons, goods, or cargo, or either of them, a committeeof the said Common Council, consisting of the Mayor or Recorder and not less than two of the Aldermen of the said City, may at any time discharge from the said quarantine ; and during the time such vessel shall be detained by the said Phy- sician or Physicians as aforesaid, or shall be performing such quarantine, the master or commander thereof shall not permit or suffer any intercourse between the persons on board the said vessel and the shores on either side of the said harbour, or within the County of Saint John, or between the said vessel 26 SAINT JOHN. [3 W 4 c 21 and any other vessel or vessels in or near the said Harbour, except under the direction of the said Physician or Physicians ; and the master or commander of any such vessel who shall bring such vessel further up than either of the lines aforesaid, without the permission in writing of the Physician or Physicians aforesaid, and if the inner line, without the permission of the said Common Council in addition thereto, and the master or commander of any such vessel, and all and every other person ■or persons belonging to and being on board such vessel, who shall disobey any such orders and directions as aforesaid, or shall neglect to execute and perform the same, or who shall ■come on shore or go on board of any other vessel or vessels within or near to the said harbour, or shall presume to bring or put, or aid or assist in bringing or piitting on shore or on board any other vessel or vessels as aforesaid, any person or any goods from any such vessel so detained by such Physician or Physicians as aforesaid, or which shall be ordered to per- form quarantine as aforesaid, without the licence and permis- sion of the said Physician or Physicians being for that purpose first obtained, and the permission of the said Common Council, -shall for each and every offence forfeit and pay the sum of two hundred pounds df current money of the Province of New Brunswick, or to be imprisoned for a time not exceeding twelve months in case the same shall not be paid. 3. The master or commander of every vessel having on board the small pox, yellow fever, or other pestilential or con- tagious distemper, or coming from any port or place infected with such distempers, or at or near which any such distempers at the time of her departure were known or supposed to pre- vail, or from any port or place in the West Indies, South America, the United States of America from Boston and the southward of Boston, Bermuda, Africa, or the Mediterranean, or having passengers on board from any port or place in the world (save and except in this Province, Canada, Nova Scotia, Prince Edward Island, Newfoundland, and the United States of America to the northward of Boston), between the first day of May and the first day of November in any year, or on board of which said vessel any person during the voyage had been sick, or had died of any such distemper, before coming abreast of Partridge Island, at the entrance of the harbour of Saint 8 W 4 C 21] SAINT JOHN. 27 John, shall cause the said vessel's ensign or such other colour as shall be on board, to be hoisted in the larboard main rig- ging, and shall continue the said signal so hoisted until the said vessel shall have been inspected and examined by the said Physician or Physicians, and a licence be had from him or them to remove the same, and if detained by the said Phy- sician, or ordered into quarantine, shall hoisl such other signal as the said visiting Physician shall give to the master or com- mander for that purpose, or any signal which may be on board, and continue the same hoisted during the day time in such part of the vessel as may be directed, so long as detained, in order to give notice of the detention of the said vessel under this Act, under the penalty of twenty pounds for each and every offence. 4. No master or commander of any vessel arriving in the Bay of Fundy, and having on board any pestilential or conta- gious distemper, or in any particular circumstanced as in the second and third Sections of this Act specified, shall land, or suffer or permit to be landed, any person or persons whomso- ever, or himself land from the said vessel, on any part or place whatever within the City and County of Saint John, until he shall bring the said vessel into the harbour of Saint John, in order that he may comply with the several requisitions of this Act, under the penalty of two hundred pounds. 5. The several branch pilots belonging to the City of Saint John shall be furnished with printed instructions, containing a notice to the following effect, viz : — " That no vessel having the small pox, yellow fever, or other pestilential or contagious distemper on board, or having come from any place infected with any such distempers, or at or near which any such distempers were known or supposed to prevail at the time of her departure, or from any port or place in the West Indies, South America, the United States of Ame- rica from Boston and the southward of Boston, Bermuda, Africa, or the Mediterranean, or having passengers on board from any port or place in the world (save and except in this Province, Canada, Nova Scotia, Prince Edward Island, New- foundland, and the United States of America to the northward of Boston), between the first day of May and the first day of November in any year, or on board of which any person had 28 SAINT JOHN. [3W4c21 been sick or had died of any such distempers during the voy- age, shall proceed or be navigated further or higher up into the harbour than a line running vi^esterly from the western point of Partridge Island till it meets Negro Town Point, and east from the eastern point of Partridge Island and extending till it reaches the shore to the northward of Black Point, or to the northward of a line running westwardly from the Break- water to Sand Point in Carleton, in case the said inner line shall be permitted by the said Common Council ; and that the master or commander of any such vessel shall not go or put on shore or on board of any other vessel, or suffer any other per- son to go or put on shore or on board any other vessel, any person or goods out of the said vessel, until such Vessel shall have been inspected and examined by the, Physician or Physi- cians, and his or their licence for that purpose obtained, under the penalty of two hundred pounds ; and further, that the said master or commander shall cause the said vessel's ensign, or such other colour as shall be on board, to be hoisted in the lar- board main rigging, before the said vessel shall come abreast of Partridge Island, and shall continue the same so hoisted until leave be granted by the said Physician or Physicians to remove the same, under the penalty of twenty pounds ; and further, that no master or commander of any vessel arriving in the Bay of Fundy, and having on board any pestilential or contagious distemper, or in any particular circumstanced as herein before in the said notice mentioned, shall land, or suffer or permit to be landed, any person or persons whomsoever, or himself land from the said vessel, or on any part or place whatever within the City and County of Saint John, until he shall bring the said vessel into the harbour of Saint John, in order that he may comply with the several requisitions of this Act, under the penalty of two hundred pounds for such offence." And it shall be the duty of the said pilots on first boarding every vessel coming or intending to come into the harbour of Saint John, to read such notice to the master or commander of such vessel, or communicate to him the purport and effedt of such notice ; and any branch pilot who shall neglect his duty in this respect, shall for the first offence forfeit and pay the sum of ten pounds, and for the second offence, in addition to the penalty often pounds, be prevented for ever after from 3 W 4 C 21] SAINT JOHN. 29 holding a branch ; and if any person or persons, whether pilots or others, shall come or be put on shore from any such vessel, unless by the direction of the said Physician or Physicians, it shall and may be lawful for the Mayor, or any one of the Aldermen of the said City, or of the Justices of the Peace for the City and County of Saint John, to cause such person or persons to be apprehended and carried back to such vessel, or to such other place as may be appointed for the reception of persons under such circumstances, so as to prevent the spread of infection ; and if any such person should be a pilot, he shall forfeit and pay the sum of twenty pounds. 6. The Mayor, Aldermen, and Commonalty of the said City, in Common Council convened, be and they are hereby autho- rized and required at the usual time of appointing Charter officers in every year, and oftener if need be, to nominate and appoint one or more Physician or Physicians, who shall have power and authority, and whose duty it shall be to go on board, visit, inspect, and examine all vessels arriving in the harbour qf Saint John, and on board of which such signal shall have been so hoisted in the larboard main rigging as aforesaid, or on board of any other vessel which may be suspected of having on board the small pox, yellow fever, or other pestilential or contagious distemper, and to make full inquiry and examina- tion into the state of the heaUh of all persons on board any such vessels, or who have been on board during any part of the voyage, and whether the said vessel came from or near or touched at any place infected with any of the distempers aforesaid, or at or near which at the time of her departure any such distempers were known or supposed to prevail ; and if the said Physician or Physicians, on such inspection' and exa- mination, shall consider that no danger is likely to result to the inhabitants of the said City from suffering such vessel to proceed into the harbour, and he or they have no order to the contrary from the Common Council of the said City, he or they shall give a licence in writing to the master or commander of such vessel for that purpose, and thereupon such vessel may proceed ; but if the said Physician or Physicians should enter- tain any doubts as to such danger, then he or they shall imme- diately require the master or eommander of such vessel to bring the said vessel to anchor without the outer line aforesaid, 30 SAINT JOHN. [3 W 4 c 21 or the said inner line if appointed by the Common Council afore- said ; and the said Physician or Physicians shall thereupon forthwith make a report thereof in writing to the Mayor, or in his absence, the Recorder of the said City, with his or their opinion or advice relative thereto ; and any master or com- mander of any such vessel who shall refuse to give, or who shall not give to such Physician or Physicians, a full, true, and accurate statement and report of the state of health of all per- sons on board the said vessel, or who have been on board thereof during any part of the voyage, and of all and ever.y the particulars aforesaid, shall forfeit and pay the sum of two hun- dred pounds ; and the said Physician or Physicians who shall be guilty of any unnecessary delay in going on board, inspect- ing and examining any such vessel as aforesaid, or any other branch of his or their duty specified in this Act, shall be by them displaced from office, which may also be done by the said Common Council in their discretion, in any case where they shall conceive the public good requires it ; and such Physician or Physicians who shall go on board, visit, inspect, and examine any such vessels as aforesaid, shall for each and every such visit, inspection, and examination, be entitled to demand and receive from the master, owner, or consignee of such vessel so visited, inspected, and examined, according to the following scale, to wit : — For vessels under one hundred tons burthen, the sum of seven- teen shillings and six pence ; For ditto of one hundred tons and under two hundred tons, twenty shillings ; For ditto of two hundred tons and under three hundred tons, twenty five shillings ; For ditto of throe hundred and more than three hundred tons, thirty shillings.. The said sums to be sued for and recovered in any Court competent to take cognizance of the same ; provided always, that in case it shall be found necessary for the said Physician or Physicians to make more than one visit on board any such vessel or vessels, he or they shall be entitled to receive one third only of the aforementioned rates for every additional visit so made, according to the size of the vessel. 7. No person or persons whosoever, other than the Physi- cian or Physicians appointed as aforesaid, shall go on board 3 W 4 C 21] SAINT JOHN. 31 any vessel so arriving as aforesaid, which shall have such sig- nal so hoisted in the larboard main rigging as aforesaid, or which having come to anchor shall continue to have such signal, so hoisted as afol'esaid, or which shall be lying at anchor, before being licenced to come up the harbour, or before or after being ordered into quarantine as aforesaid, under the penalty of twenty pounds for each and every offence ; and if any person or persons other than the Physician or Physicians aforesaid, shall go on board any such vessel, then and in such case the master or commander, or any person in charge of such vessel for the time being, is hereby authorized and required to keep and detain such person or persons on board the said vessel until such licence as aforesaid be given for the said vessel to proceed, or until the expiration of such time as she shall be detained by the said Physician or Physicians, or be lying in quarantine, or an order from the said Oommon Council or a committee thereof as aforesaid, for that purpose to be obtained on report of the said Physician or Physicians ; and if any person or persons so having unlawfully gone on board any siich vessel as aforesaid, shall go on shore or depart from said vessel before such licence as aforesaid, or before the expiration of the said time the said vessel shall be so detained by the said Physician, or the time appointed for the said vessel to perform quarantine, or permission be given for him or them to depart as aforesaid, then and in such case every such person or persons so offending as aforesaid, and the master or com- mander of any such vessel so permitting such person or per- sons to go on shore or to depart from the said vessel, and every other person aiding and assisting therein, shall for each and every offence severally forfeit and pay the sum of fifty pounds ; and it shall and may be lawful fo* the Mayor or Deputy Mayor, or any one of the Aldermen of the said City, or oneof the Justices of the Peace for the said City and County, to cause such person or persons to be carried back to such vessel, or to such other place as may be appointed by the Mayor, Aldermen, and Commonalty of the City of Saint John, in Common Council convened, for the reception of persons under such circumstances, so as to prevent the spread of the infection. 8. Before and during the time any such vessel shall be 32 SAINT JOHN. [3 W 4 c 21 ordered to perform quarantine as aforesaid, it shall and may be lawful for the Mayor, Aldermen, and Commonalty of the City of Saint John, in Common Council convened, if on the report of the Physician or Physicians- aforesaid it shall be judged expedient, to order and direct that the persons on board such vessel, whether passengers or otherwise, may be landed therefrom and conveyed to Partridge Island, or such other place or places as may be appointed for the reception of persons under such circumstances, in order to facilitate the recovery of those who are infected, to prevent the spreading of disease among such persons soon board such vessel, or any other such purpose, and have the vessel cleansed and fumi- gated ; and the persons so landed as aforesaid shall remain at such place or places so appointed as aforesaid until they are restored to health, and their clothes thoroughly cleansed, if diseased, under the direction of the Physician or Physicians aforesaid, and his or their certificate be obtained that they may safely proceed to the City without danger to the inhabitants thereof, to be laid before the said committee of the said Com- mon Council of the said City, and their order had for liberty to leave such place or places as aforesaid ; and the said vessel from which the said persons shall be so landed shall be thoroughly cleansed and purified as far as convenient under the direction of the said Physician or Physicians, and when so cleansed and purified the said Physician or Physicians shall report the same to the Mayor or Deputy Mayor, or in case of his absence, the Recorder, who shall lay the same before the said committee of the said Common Council of the said City, who may in their discretion grant a licence or order for the liberation of the said vessel from quarantine as aforesaid ; and in case any perton or persons shall depart from the place or places to which they may have been conveyed from the said vessel, without the order of the said committee of the said Commo\i Council for that purpose had as aforesaid, it shall and may be lawful for the Mayor, Recorder, or any one of the Aldermen of the said City, or one of the Justices of the Peace for the City and County of Saint John, to cause such person or persons to be apprehended and carried back to the place or places whence he or they may have so departed, or to be other- wise disposed of so as to prevent the spread of the infection. 3 W 4 C 21] SAINT JOHN. 33 9. If any persons from any ship or vessel, before or whilst the said vessel is performing quarantine as aforesaid, shall be landed by the order of the said Mayor, Aldermen, and Com- monaliy, in Common Council convened, either at Partridge Island or any other place or places to wrhich by the authority of this Act they may be conveyed, it shall and may be lawful for the said Mayor, Aldermen, and Commonalty so convened, to appoint such and so many special constables, and so often as may be found expedient, to prevent intercourse with the said persons so landed, and the said constables or any of them, at any time when the said Mayor, Aldermen, and Commonalty so convened shall think proper, to displace and discharge, and another or others, if need be, to put in their room ; and the said constables are hereby authorized and empowered to pre- vent all intercourse between the persons so landed and persons from the shores on either side of the Harbour, or from any part of the City and County of Saint John, and those which may remain on board the vessel, or between the said persons so landed and any vessel in the said Harbour, except under the direction and by the order of the said Common Council of the said City ; and no person or persons other than the Physician or Physicians appointed as aforesaid, or some person or per- sons by the said Common Council authorized for that purpose, shall be permitted to have any intercourse with the persons so landed as aforesaid, under the penalty of twenty pounds for each and every offence ; and if any person or persona other than the said Physician or Physicians, or any person or persons so by the said Common Council authorized for that purpose, shall have any intercourse with the persons so landed, then and in such case the constable or constables appointed as aforesaid are hereby authorized and required to keep and detain such person or persons at the place or any one of the places appointed as aforesaid for the said persons as aforesaid to be kept, until permission be had from the said Common Council for him, her, or them to depart ; and if any such person or persons so having unlawfully had intercourse with the said persons so landed as aforesaid, shall depart from the place so appointed as aforesaid, before such permission as aforesaid shall have been given for him, her, or them to depart, every person so offending shall forfeit and pay the sum of fifty 34 SAINT JOHN. [3 W 4 C 21 pounds ; and it shall and may be lawful for the Mayor of the said City, or Recorder, or any one of the Aldermen thereof, or one of the Justices of the Peace for the said City and County, to cause such person or persons to be apprehended and carried back to the place whence he, she, or they may have so departed, or to be otherwise disposed of so as to prevent the spread or danger of infection. 10. If any disease of an infectious, contagious, or pestilential nature should break out among any persons landed or coming into any part of the City and County of Saint John, whether contrary to the provisions of this Act or otherwise, or on board of any vessel which shall be in the Harbour or at any of the wharves of the said City, either with or without permission of the visiting Physician or Physicians, or other proper authority under this Act, it shall and may be lawful for the said Com- mittee of the sf»id Common Council to order and direct the removal of the said person or persons so diseased, and any other person or persons by or among whom il may be feared the infection may spread, to some proper place as far as con- veniently may be, to prevent communicating the infection to- others, and also to remove the said vessel so having the said infection on board to the quarantine ground. 11; All the penalties and forfeitures herein before mentioned may be prosecuted, sued for, and recovered in the Supreme Court, or in the Inferior Court of Common Pleas for the said City and County of Saint John, by action of debt, bill, plaint, or information, by any one who shall prosecute for the same within forty days after the commission of the offence, and when recovered shall be paid, one moiety to the person so suing and prosecuting, and the other moiety to be paid into the Treasury of the Province for the use and support of the Government thereof; and if no person shall so sue and prosecute within forty five days, that then the said penalties and forfeitures shall be sued for and recovered by information of His Majesty's At- torney General in the said Supreme Court, and when recov- ered to be paid, after deducting the costs and charges of pro- secution, into the said Treasury for the use aforesaid ; and all and every person or persons guilty of a breach of any one or more of the provisions of this Act before specified, shall and may be arrested and held to bail according to the practice of 3 W 4 c 32] SAINT JOHN. 35 the said Courts, for the penalty or penalties accruing by reason of such breach or breaches thereof, at the suit of the person herein before entitled to sue for the same, by virtue of an order for that purpose to be obtained under the hand of any Judge of either of the said Courts, on proper affidavits being laid before him, satisfactorily establishing the breach of all or any of the provisions aforesaid, which order any one of the Judges of the said Courts is hereby authorized to grant; and in default of giving such bail, such person or persons so as aforesaid ordered to be held to bail shall be committed to pri- son, or to such other place within the said City and County, in case he or they should be infected with any such infectious, contagious, or pestilential distemper aforesaid, as the said Mayor, Aldermen, and Commonalty of the said City, shall order, to prevent the spreading of such distemper, to await his or her trial. 3rd William 4th — Chapter 32. An Act to prevent Nuisances within the City of Saint John, and Parish of Portland in the County of Saint John. Section. Section. 1. Repealed. 3. Unwholesome dea.d meats, &c., when 2. Handsleds of coasters to be seized, &c. seized, &c. Passed I9th March 1833. Be it enacted, &fc. — 1. Repealed by 7 W. 4, c. 21, s. 1. 2. From and after the passing of this Act, no person or persons whosoever shall be permitted to coast or ride down any of the hilly parts of the said City of Saint John, or such parts of the Parish of Portland within the County of Saint John, as may be prohibited by the Justices of the Peace for the said City and County at any General or Special Sessions, on any handsled or sleds, or other vehicle or vehicles; and in case any person or persons whosoever shall be found coasting on any such sled or sleds, vehicle or vehicles, down such hilly parts of the said City or Parish as shall be prohibited by the said Justices as aforesaid, it shall and may be lawful for the Mayor, or any one of the Aldermen or Assistants of the said City,' or any one of the Justices of the Peace for the said City and County, or afty person or persons to be appointed or authorized 36 SAi«T JOHN. [4 W 4 c 8 by them or either of them, or any constable of the said City, or City and County, to seize, take, and destroy the sdid sled or sleds, vehicle or vehicles, on which such person or persons may be found coasting as aforesaid. 3. No person or persons whosoever shall sell or expose to sale any bad or unwholesome dead meats, poultry, or other provi- sions, within the said City and County ; and in case such bad or unwholesome dead meats, poultry, or other provisions, shall be sold or exposed to sale as aforesaid, it shall and may be lawful for the said Mayor, or any one of the Aldermen or Assistants of the City aforesaid, within the said City, or any one of the Justices of the Peace for the City and County afore- said, within the said County, or any person or f)ersons to be authorized or appointed by them or either of them, to seize, take, 'and destroy the said bad or unwholesome dead meats, poultry, or oj^her provisions aforesaid. 4th William 4th — Chapter 8. An Act to explain the Act for preventing the importatioa and spreading of infectious Distempers in the City of Saint John. Section L — To what vessels certain Sections of former Act shall extend. Passed •2'2nd March 1834. Whereas doubts have arisen, whether the second, third, fourth, and fifth Sections of an Act made and passed in the third year of His present Majesty's Reign, intituled An Act to prevent the importation and spreading of infections Distempers in the City, of Saint John, are applicable to the cases of vessels arriving in or near the Harbour of Saint John or in the Bay of Fundy at any other f)eriod of the year than between the first day of May and the first day of November in every year ; — Be it therefore enfOtCted, Sfc. — I. The prohibitions, restrictions, directions, penalties, and inflict ions in the saidSections contained, shall and are hereby declared to be applicable to all cases of vessels arriving in or near the Harbour of Saint John or in the Bay of Fundy during any part of the year, having on board the small pox, yellow fever, or other pestilential or contagious distemper, or coming from any port or place infected with, any such distempers, or at or near which any such dfetempers at 7 W 4 C 12] SAINT JOHN. 37 the time of their departure were known or supposed to prevail, or on board of which said vessels any person or persons during the voyage had been sick or had died of any such distempers. 7th William 4th— Chapter 12. An Act to provide for increasing the number of Constables in the City of Saint John, and for appointing Speciial Constables in the City and County of Saint John. Section. Section. 1 What number to be appointed. 4. When may be removed, S:c. 2. When maybe dismissed. 5. Powers of special constables. 3. When special constablea may be «p- 6. Assaulting, &c. ditto. painted. ''• Repealed. Passed 1st Mnrch 1837. Whereas the number of constables authorized by law to be appointed for the City of Saint John is insufficient in the present increased state of the population of the said City, and circumstances may from time to time arise rendering the appointment of a number of special constables necessary; — B€ it therefore enacted, ^c. — 1. The Mayor, Aldermen, and Commonalty of the said City of Saint John, or the major part of them in Common Council convened, shall on the first Tues- day in April in each and every year, or so soon after as may be convenient, name and appoint such and so many of the inhabitants of the said City, being freeholders there or freemen of the said City, as they shall see convenient toappoiiit, not to exceed the number of twenty two, to be constables in the said City for the ensuing year, in addition to the number which may be elected or appointed under and by virtue of the Charter of the said City or any Act of Assembly now in force; which said additional constables shall be subject to the same rules, regula- tions, pains, penalties, and forfeitures, and liable to the same proceedings under the like circumstances, and in all respects, as the said constables appointed or to be appointed under and by virtue of an Act made and passed in the fifty sixth year of the Reign of King George the Third, intituled An Act to increase the number of Constables in the City of Saint John. 2. tf any constable in the said City, whether elected under the Charter, or appointed by virtue of this or any other Act of Assembly, shall be guilty of any neglect of duty or misbehaviour in the execution of his office, the said Mayor, Aldermen, and 38 SAINT JOHN. [7W4cl2 Commonalty of the said City, or the major part of them in Common Council convened, shall and may have full power to disniiss such constable from his office, and appoint any other person, being a freeholder or freeman of the said City, in his stead. 3. In all cases v^here it shall appear to the Mayor or Recorder of the City of Saint John and one Justice of the Peace for the City and County of Saint John, that any tumult, riot, or felony has taken place, or may be reasonably appre- hended in the City of Saint John or its vicinity, and such Mayor or Recorder and Justice shall be of opinion that the ordinary officers appointed for "preserving the peace are not sufficient for the preservation of the peace, and for the protec- tion of the inhabitants, and the security of the property in the said City of Saint John or its vicinity, then and in every such case the said Mayor or Recorder and Justice are hereby authorized to nominate, appoint, and swear in so many as they shall think fit, of the householders or other persons residing in such City or its vicinity as aforesaid, to act as special constables, for such time and in such manner as to the said Mayor or Recorder and Justice aforesaid shall seem fit and necessary for the pre- servation of the public peace, and for the protection of the inhabitants, and for the security of the property in the said City and its vicinity ; and the vicinity of the City of Saint John shall, for the purposes of this Act, be deemed to include each of the Parishes in the County of Saint John immediately adjoining the said City ; and any two Justices of the Peace in the County of Saint John ^hall under like circumstances have like power and authority to appoint persons residing in the said County to act as special constables for the said County ; and the said Mayor or Recorder and Justices aforesaid respec- tively, shall at the time of such appointment administer to each of the said special constables so to be appointed, the following oath, that is to say : — 'I do swear that I will well and truly serve our ' Sovereign Lord the King in the office of special constable ' for the City of Saint John and its vicinity, [or in the County ' of Saint John, as the case may fte,] without favour or aflfec- * tion, malice or ill will, and that I will to the best of ray power ' cause the peace to be kept and preserved, and prevent all 7 W 4 C 12] SAINT JOHN. 39 ' offences against the persons and properties of His Majesty's ' subjects; and that while I continue to hold the said office I * will to the best of my skill and knowledge discharge all the ' duties thereof faithfully according to law. — So help me God.' 4. The said Mayor or Recorder and one of the Justices of the Peace aforesaid, in regard to the said City and its vicinity, or any two Justices aforesaid in regard to the said County, shall have full power and authority to remove any such special constable from his office for any misconduct or neglect of duty therein, and may at any time discharge any such special constable from the duties of his office when they shall be satisfied that it is no longer necessary to continue him therein. 5. Every special constable appointed under this Act shall within the said City and its vicinity, or in the said County respectively, have, exercise, and enjoy all such powers, autho- rities, advantages, and immunities as any constable duly appointed now has within his constablewick by virtue of the common and statute Laws and Acts of Assembly in force within this Province. 6. If any person shall assault or resist any special constable appointed by virtue of this Act, whilst in the execution of his office, or shall promote or encourage any other person so to do, every such person shall on conviction thereof before two Justices of the Peace, forfeit and pay for such offence any sum not exceeding twenty pounds, or shall be liable to such other punishment upon conviction on any indictment or infor- mation for such offence, as any persons are by law liable to for assaulting any constable in the execution of the duties of his office; and in case of proceeding for such penalty, the same shall be recovered and levied pursuant to the Act of Assembly made and passed in the fourth year of His present Majesty's Reign, intituled An Act to facilitate summary proceed- ings before Justices of the Peace and the execution of Warrants ly Constables, and shall be paid over by the said two Justices into the hands of the County Treasurer of the City and County of Saint John, as a part of the public funds of the said City and County. 7. Repealed by 11 V. c. 30. 40 SAINT JOHN. [7 W 4 c 21 7th William 4th — Chapter 21. An Act in amendment of an Act intituled An Act to pre- vent Nuisances within the City of Saint John, and Parish of Portland in the County of Saint John. Section. Section. 1. Repeal of Section. g. City of Saint John and Portland, what nuisances prevented in. Passed \st March 1837. Whereas the Act now in force to prevent nuisances within the City of Saint John, and Parish of Portland in the County of Saint John, has been found ineffectual for that purpose ; — Be it therefore enacted, &fc. — 1. The first Section of the Act passed in the third year of His present Majesty's Reign, intituled An Act to prevent nuisances within the City of Saint John and Parish of Portland, be and the same is hereby re- pealed. 2. From and after the passing of this Act, if any hog or hogs, swine, horse or horses, ox or oxen, cow or cows, sheep, goat or goats, dog or dogs, shall be found going at large within the City of Saint John, on any of the roads, highways, streets, squares, or alleys thereof, or within the populous parts of the Parish of Portland lying to the westward of the Mill Bridge, including the road to Indian Town and the Short Ferry, or on the public road leading from the said City through the great marsh in the vicinity thereof, the owner or owners thereof shall forfeit and pay the sum often shillings for each and every hog or animal as aforesaid so found going at large, one half to the overseers of the poor for the said City, in case the offence shall happen there, or to the overseers of the poor for the Parish of Portland, in case the offence shall happen there, and one half to the informer, to be recovered with costs of prosecution upon conviction before any one of His Majesty's Justices of the Peace for the said City and County of Saint John, and to be levied on the goods and chattels of the owner of such hog or hogs, or other animal or animals as aforesaid ; and in case the owner or owners of such hog or hogs, or other animal or animals as aforesaid, shall not be known, then it shall be the duty of any hogreeve or hogreeves of the said City or Parish to impound such hog or hogs, or other animals as shall be found so going at large ; and it shall be the duty of the pound keeper 8 W 4 C 14] SAINT JOHN. 41 or pound keepers of the said City and Parish respectively, upon any hog or hogs, or other animals as aforesaid, being so im- pounded, to advertise the same in three public places in the said City and Parish respectively, and, in case the owner or owners of such hog or hogs, or other animal or animals, shall not, within six days after such advertisement being put up as aforesaid, pay the said fine for each animal so impounded, to- gether with the accustomed fees and charges for keeping the same, it shall and may be lawful for the said pound keeper to sell such hog or hogs, or other animal or animals as aforesaid, at public auction, and apply the money arising therefrom to- wards payment of the said fine and charges, and all other expenses, and to pay the overplus (if any) to the owner or owners thereof, whenever such owner or owners shall appear and demand the same ; and in case such owner or owners shall not appear and demand (he same within six months after such hog or hogs, or other animal or animals shall have been so im- pounded, then the said overplus shall be paid to the said overseers of the poor, for the use of the poor of the said City or Parish, according to the place where the offence shall be committed. 8th William 4th — Chapter 14. An Act in further amendment of the Law relating to Nuisances in the Parish of Portland, in the County of Saint John. Section 1. — Provisions of Act, to what extended. Pasaed 22nd July 1837. Be it enacted, Sfc. — 1. The provisions of the second Section of an Act made and passed in the last Session of the General Assembly, intituled An Act in amendment of an Act intituled " An Act to prevent nuisances within the City of Saint John, and Parish of Portland in the County of Saint John," shall extend and be construed to extend to that part of the said Parish of Portland which lies to the westward of the Marsh Creek so called, and between that Creek and the Mill Bridge, any thing in the said recited Act to the contrary notwithstand- ing. 42 SAINT JOHN. [1 V c 17 1st Victoria — Chapter 17. An Act to provide for the erection of an Alms House and Work House, and to establish a Public Infirmary in and for the City and Crf)unty of ^pnt John. Seccion. SecCon. 1. Justices of Saint Jolin to agree, &c. for 4. Commisssioners, what accounts, and when Alms House. ' to render. 2. Commissioners, how appointed* 5. What profits to be accounted for. 3. What regulations, and by whom may be 6. Old Alms House for what to be used. made. Passed 9th March 1838. Whereas the mode pursued in the County of York of pro- viding for the support of the Poor has been found by experience to be less expensive than the general system pursued through- out the Province, and to be productive of industrious, sober, and moral habits among that class of people; — Be it therefore enacted, &fc. — 1. The Justices of the Peace for the City and County of Saint John, in their General Ses- sions, be and they are hereby authorized and empowered to purchase a tract of land and agree for the erecting and finish- ing of a proper building for an Alms House and Work House thereon, in the vicinity of the City of Saint John, and to fix upon a certain sum of money for defraying the expense thereof; which sum of money shall be raised [the words here omitted are repealed by 4 V. c. 21,] upon the inhabitants of the City of Saint John, .and the Parishes of Portland, Saint Martins, and Lancaster, in the said County, in the manner prescribed by the law now in force for assessing, collecting, and levying County rates, or by any other law passed or to be passed for that purpose ; provided that such assessment shall not exceed the sum of three thousand pounds. 2. It shall and may be lawful forfthe said Lieutenant Gover- nor or Commander in Chief of thia Province, by warrant under his hand and seal, to be issued witn the advice of Her Majesty's Executive Council, from time to/ time to appoint so many fit persons, not exceeding seven no : less than five, of whonn two shall be Justices of the Peace for the said City and County, as he shall think fit, to be Commiss toners for superintending and managing the said building so t ) be erected for the purposes aforesaid, and the said land so to and may be lawful for the said le purchased; and that it shall [/oramissioners from time to time to provide such materials and things as they shall judge 1 V c 17] SAINT JOHN. 43 necessary for the setting to vtork and employing such poor per- sons, of what age or sex sfiever they be, who may apply for relief and shall be capable t* work; and the said Commission- ers or any two or more of tHem shall have power and authority at their discretion to compel such idle or poor people, begging or seeking relief, as do noil betake themselves to some lawful employment, or who do oJ shall hereafter seek and receive alms of the said City and pf any of the said Parishes herein- before mentioned within tne said County, or who may stand in needof relief from the saiU City orof any ofthe said Parishes, to dwell, inhabit, and to vvprk in the said Alms House and Work House, and to do all such work as they shall think them able and fit for, and shall have the same powers to bind out poor children apprentices, as\are by the laws of this Province given to the overseers of tha poor in the several Towns and Parishes. 3. The said Commissionera to be appointed as aforesaid, shall have power to make sucll rules, orders, and regulations for the good government and Imanagement of the said Alms House and Work House as t\ ey shall find necessary, (such rules and regulations to be appi jved of by the Justices in their General Sessions,) and to infli it such correction and punish- ment, by solitary confinement oi otherwise, from time to time, as to them shall seem reasonable, on any person or persons within the said Alms House and! Work House who shall be so set to work and shall not conforni to such rules, orders, and re- d, or shall misbehave in the gulations to be made as aforesa same. 4. The said Commissioners si all at the first General Ses- sions of the Peace to be holden or the said City and County of Saint John annually lay befo e the Justices in their said Sessions an account, to be audil*d by the said Justices, of the expenses incurred by them for tne support and maintenance of the poor ofthe said Alms House/ and Work House for the past year, together with an estimate bf what sura or sums of money will be needful for the mainte lance and employment of the poor ofthe said House for the < urrent year, in which estimate shall be stated the proportion tl at each City, Town, or Parish within the said County ought tc pay, to the intent that no other levy or assessment may be mat b for any other maintenance or 44 SAINT JOHN. [1 V c 26 allowance to or for any such poor; which sum or sums of mo- ney, after being audited aid allowed by the said Justices, shall be assessed, levied, and rcfised in such manner and form as by the laws of this Province ii or shall be appointed and directed, and when raised and recei ed shall be paid to the said Com- missioners for the uses afo esaid, and no other. 5. The profits of any wo|rk or labour to be performed under the direction of the said Commissioners, shall be duly accounted for by them, and shall belapplied towards the support and maintenance of the persons inhabiting within the said Alms House and Work House. 1 6. When the said Alms Elouse and Work House shall be in a fit state to receive the poor who shall then be in the Alms House in the City of Saint Jojhn, and all the inmates of the said Alms House, except the sicM and diseased, shall be removed to the said Alms House and Work House so to be erected, the said Alms House in the saidjCity shall be used as and for a Public Infirmary. — [Remainder of Section repealed by 10 V. *. 57, s. 1.] 1st Victoria — Chapter 26. An Act to continue the Act relative to the Streets and Squares in the City of Saint John. Section 1. — Act 9 Q. 4, c. 4, continued. Passed 9lh March 1838. Be it enacted, ^c. — 1. An Act made and passed in the ninth year of the Reign of His Majesty King George the Fourth, intituled An Act relative to the Streets and Squares in the City of Saint John, be and the same is hereby continued and' declared to be in full force until the first day of April which will be in the year of our Lord one thousand eight hundred and fifty eight. 3rd Victoria — Chapter 1. An Act for the more effectual prevention of Fires in the City of Saint John. Section. Section. 1. Buildings, when and how constructed. 2. Restrictions as to what and where. 3 V C 1] SAINT JOHN. 45l Section. Section. 3. Party wall. 6 & 7. Repealed. 4. How reimbursed for building. 8. Penalties for breach of Act. 5. Hestrictions as to enlarging, 4c. 9. Buildings against Act, what deemed. Passed ZOlh September 1839. Be it enacted SfC. — 1. All dwelling houses, store houses, and other buildings, excepting as hereinafter excepted, which from and after the passing of this Act shall be built, erected, or set up in the City of Saint John, within the limits herein- after mentioned and described, that is to say — Beginning at the southern extremity of Prince William Street, where it intersects the northern line of Saint James Street, thence along Prince William Street to Princess Street, thence along •Princess Street to Germain Street, thence along Germain Street to Union Street, thence along Union Street to George Street, thence along George Street to Pond Street, thence along Pond Street to Mill Street, thence along Mill Street north- wardly to the entrance of Smyth Street, thence along Smyth Street to Nelson Street, thence along Nelson Street, crossing the Market Slip, to Ward Street, thence along the said last mentioned Street and a prolongation of the western line thereof southwardly until it strikes the southern line of the Ferry Slip at the foot of Princess Street, thence along the said last men- tioned line to Saint John Street, thence along Saint John Street and a prolongation of the western line thereof southwardly until it intersects the prolongation of the northern line of Saint James Street, and thence along the said last mentioned pro- longation to the place of beginning, and also in and upon all the lots of groimd adjoining thereto to the depth of forty feet on the eastern side of Prince William Street, Germain Street, George Streetj^ and Mill Street, the south side of Princess Street, the north sides of Union Street and Pond Street, two hundred feet on the western side of Smyth Street, not less than thirty feet on the western sides of Nelson Street and Ward Street, and one hundred feet on the western side of Saint John Street, terminating at the foot of I>uke Street, shall be made and constructed of stone or brick, or other non-com- bustible material, with party or fire walla rising at least twelve inches above the roof; and the roof of every such dwelling house, store house, or other building, shall be covered on the outside with tile or slate, or other safe materials against fire, 46 SAINT JOHN. [3 V C 1 and not with boards or shingles; provided that this Act shall not be construed to extend to buildings or erections not exiceed- ing fifteen feet in height from the ground or level to be deter- mined on by the City authorities, to the peak or highest part of such buildings or erections; provided also, that all steeples, cupolas, and spires of public buildings, where such building shall stand at least ten feet from any and every other building, may be covered with boards or shingles. 2. From and after the passing of this Act, no wooden build- ing, store house, or other erection of what nature or kind soever, shall be built, erected, or set up on the eastern side of the Harbour of the said City to the westward of the limits and lots of ground adjoining thereto hereinbefore mentioned or described, of a greater height than thirty feet from the bottom of the sill to the highest point of the roof, the bottom of the sills to be elevated not more than eighteen inches above the level of the street or wharf whereon the said building, store house, or erection may stand, or above the point where such level may be determined on by the said City authorities; the posts to be not more than twenty feet, the roof to be covered with slate or other non-combustible material, to be of a regular pitch from the eaves to the ridge, with a straight rafter, and to have at least one scuttle in the same ; provided also, that between every two such wooden buildings, store houses, or erections, the sites whereof shall be vacant at the time of the passing of this Act, or may hereafter become vacant, there shall be a partition wall of brick at least eight inches in thickness, to extend not less than twelve inches above the roof; provided also, that nothing herein contained shall be construed to prevent the owner or owners of any wooden building authorized by this" Section of this Act, whereof the side line or depth from the front of the building on the street exceeds thirty five feet, to make a portion of the roof flat on the top, according to the following scale : Buildings whereof such side line or depth exceeds thirty five feet and does not exceed forty feet, the width of such flat shall not exceed five feet ; buildings whereof such side line or depth exceeds forty feet and does not exceed forty five feet, the width of such flat shall not exceed eight feet ; buildings whereof such side line or depth exceeds forty five feet and does not exceed fifty feet, the width of such flat shall not ex- 3 V C 1] SAINT JOHN. 47 ceed twelve feet. ; buildings whereof such side line or depth exceeds fifty feet the width of such flat shall not exceed fifteen feet. 3. One half of every such party wall between house and house, or between other buildings, shall be built on the ground or site of one of the adjoining houses or buildings, and the other half thereof shall be built on the ground or site of the ad- joining houses or buildings ; and it shall and may be lawful for the first builder of any such party wall, and for the workmen employed in building the same, to enter upon the ground ad- joining thereto, in order to the building such party wall in the manner aforesaid. 4. The person or persons at whose expense any party wall shall be built agreeably to the directions of this Act, shall be reimbursed one half of the expense incurred in such party wall, by the owner or owners of the adjoining property who shall make use of the said wall, and such moiety or half part of the expense incurred in erecting such party wall may be recovered, together with full costs of suit, by action of debt or assumpsit, in any of Her Majesty's Courts of Record in this Province. 5. No dwelling house, store house, or other buildings of wood, at present standing or being within the fire limits des- cribed in this Act, shall hereafter be raised, enlarged, or built upon, nor shall any wooden building exceeding the height mentioned in the proviso contained in the first Section of this Act, be hereafter removed from one lot or place to any other lot or place within such fire limits as the same are by this Act established, or may hereafter be extended. 6 & 7. Repealed by 3 V. c. 75. • 8. From and after the passing of this Act, if any dwelling house, store house, or other building whatsoever, shall be built, erected, raised, enlarged, removed, or roofed contrary to any of the provisions of this Act, the proprietor or proprietors thereof shall for every such offence forfeit and pay the sum of five hundred pounds ; and every builder or other person who shall build, erect, raise, enlarge, remove, or roof, or assist in building, erecting, raising, enlarging, removing, or roofing such dwelling house, store house, or other building, shall for every such offence forfeit and pay the sum of two hundred and fifty pounds, to be recovered with costs of suit in any Court of 48 SAINT JOHN. [3 V c 2 Record within this Province, by the Treasurer or Chamberlain of the said City of Saint John, for the use of the poor thereof, and when recovered shall be appropriated in the same manner as the moneys raised by tax for the maintenance of the poor of the said City are by law directed to be applied. 9. Any such dwelling house, store house, or other building, which after the passing of this Act shall be built, erected, raised,- enlarged, removed, or roofed within the limits and the lots of ground adjoining thereto, herein before described, contrary to the provisions of this Act, shall be deemed, and the s^me is hereby declared to be a common nuisance. 10. The several Streets mentioned in this Act shall be taken and deemed to mean the same respectively as at present laid out, without reference to any intended alterations in the lines or courses of the same. 3rd Victoria — Chapter 2. An Act to authorize the widening and enlarging of certain Streets in the City of Saint John, and of laying out other Streets therein. Section. Section. 1. Commissioners, by whom and how ap- 6. Assessment by, and to whom to be paid, pointed, 7. When to be a charge on lands, and how S. Duties of. as to widening, &c. streets. * recovered, 3. Do. as to assessing value of lands, &c. 8. What numberof Commissioners may act. 4. Where to dt^posit copy of Report, &c, 9, Wharves, when to be considered in aa. 5. Damages to whom to be paid, how sued sessment for ; if infants, &c. how paid. 10. Compensation to Commissioners. Passed 20th September 1839. Whereas by the late disastrous fire in the City of Saint John, all the buildings and erections, with a few exceptions, within that district which is bounded eastwardly by Prince William Street, southerly by the Market Place and Slip, westwardly by the Hanbour of Saint John, and northerly by Union Street, were destroyed ; and it is advisable to widen and enlarge the following Streets in the said district, that is to say, Dock Street and Nelson Street, and also to open and lay out a new Street in the said district in continuation of Smythe Street southwardly, until it meets the North Market Wharf;— Be it therefore enacted &fc. — 1. It shall and may be lawful to and for the Lieutenant Governor or Commander in Chief 3 V C 2] SAINT JOHN. 49 for the time being, by and with the advice of Her Majesty's Executive Council, to nominate and appoint, and also to re- appoint and supply as it may be necessary or expedient, three or more discreet and disinterested persons Commissioners for the purpose of performing the duties hereinafter in that behalf prescribed ; which said Coramissiongrs, before they enter on the performance of the duties of their appointment, shall seve- rally take and subscribe an oath or affirmation before any Justice of the Peace in and for the City and County of Saint John, faithfully to perform the trust and duties required of them by this Act. 2. It shall be the duty of such Commissioners forthwith to enter on the duties of their appointments, and cause a survey and plan of said district to be made and prepared, and to fix and decide upon the best mode and method of widening, ex- tending, altering, straightening, and enlarging Dock Street and Nelson Street aforesaid, and also of laying out and open- ing the said new street in continuation of Smythe Street southwardly until it meets the North Market Wharf, and for that purpose the said Commissioners shall have full power and authority to enter in and upon the lands and tenements in the said district, and to determine and decide where and in what manner such streets respectively are to be widened, extended, altered, straightened, enlarged, opened, and laid out. 3. The said Commissioners so soon els they shall have caused such survey and plan to be made, and shall have decided where and in what manner such streets respectively are to be widened, extended, altered, straightened, enlarged, opened, and laid out, shall proceed to make a just and equitable estimate and assess- ment of the value of the lands, tenements, and hereditaments required for widening, extending, altering, straightening, en- larging, opening, and laying out such streets respectively, and shall assess and apportion three fourth parts of the amount of such estimated value on all the parties interested in any lands, tenements, and hereditaments within the said district, including the parties interested in such lands, tenements, and heredita- ments required for the purposes of such streets respectively, according to their best discretion, in proportion to the benefit accruing to such parties respectively from the improvement of the said streets, and shall thereupon file the said plan with the 4 50 SAINT JOHN. [3 V c 2 Common Clerk of the said City, as and for a record of their doings in that respect, and shall forthwith report their proceed- ings, and al! matters and things connected with their duties as such Commissioners, to the Common Council of the said Cityj^ and in the said report the Commissioners who shall make the same shall set forth the naipes of the respective owners, lessees, parties, and persons entitled unto or interested in such lands, tenements, hereditaments, and premises mentioned in the said report, and each and every part and parcel thereof, as far forth as the same shall be ascertained by them, and an apt and suf- ficient designation or description of tlie respective lots or par- cels of land and other tenements, hereditaments, and premises that may be required for the purpose of widening, extending, altering, straightening, enlarging, or Faying out such streets respectively, and also of the said respective lots or parcels of land and other tenements, hereditaments, and premises within the said district so assessed by the said Commissioners for the said benefit as aforesaid, and also the several and respective suras estimated and assessed as and for the compensation and recompense, or the allowance to be made for the value of the land and other tenements, hereditaments, and premises so takeff for the purposes aforesaid, as also the sums assessed upon the same for the benefit and advantage of the respective owners of the fee or inheritance of such lands, tenements, heredita- ments, and premises respectively, or for the compensation or damage and for the assessment fjr the benefit of the respective owners of the leasehold estate or other interests therein, sepa- rately ; but in all and each and every case and cases where the owners and parties interested, or their respective estates and interests, are unknown or not fully known to the said Commis- sioners, it shall be sufficient for them to estimate and assess and to set forth in their said report, in general terms, the re- spective sums to be allowed and paid to or by the owners or proprietors generally of such lands, tenements, hereditaments, and premises, and parties interested therein for the compensa- tion and damage, and for the assessment for the benefit and advantage to such owners, proprietors, and parties interested ii» respect of the whole estate and interest of whomsoever may be entitled unto or interested in the said lands, tenements, here- ditaments, and premises respectively, by and in consequence 3 V C 2] SAINT JOHN. 51 of the widening, enlarging, extending, altering, straightening, opening, and laying out such streets respectively, without spe- cifying the names or the estates or interests of such owners, proprietors, and parties interested, or of any or either of them; and upon the coming in and filing of such report, the same shall be final and conclusive, as well upon the Mayor, Alder- men, and Commonalty of the City of Saint John, as upon the owners, lessees, parties, or persons interested in and entitled unto the lands, tenements, hereditaments, and premises men- tioned in the said report ; and the said Mayor, Aldermen, and Commonalty shall become possessed of all the said lands, tene- ments, hereditaments, and premises in the said report men-» tioned, that shall or may be so required for the purpose of widening, extending, altering, straightening, enlarging, open- ing, arid laying out such streets, the same to be appropriated* convertedjiand used to and for such said purposes accordingly, and for none other whatsoever; and thereupon the said Mayor, Aldermen, and Commonalty, or any person or persons acting under their authority, may immediately or at any time or times thereafter take possession of the same, or any part of parts thereof, without any suit or proceeding at law for that pur- pose, and may at any time thereafter take down and remove all buildings or parts of buildings, erections, or improvements of any description whatsoever on the said lands, tenements, hereditaments and premises; provided that it shall not be lawful for the said Commissioners to allow any sum or com- pensation whatsoever for any building or buildings which may, after the passing of this Act, be built, placed, or erected in part or in the whole, on such part or parts of the said lands, tene- ments, hereditaments, and premises that may be required for the widening, extending, altering, straightening, enlarging, and laying out such streets riespectively. 4. The said Commissioners, after compleling their said estimate and assessment, and at least fourteen days before they make their report to the Common Council, shall deposit a true copy or traiiscript of such estimate and assessment in the Clerk's office of the said City, for the inspection of whom- soever it may concern, anS shall give notice by advertisement, to be published in at least two of the public Newspapers printed in the said City, of the said deposit thereof in the said 52 SAINT JOHN, [3 V c 2 office, and of the day on which it will be finally filed as and for a record of their proceedings ; and any person or persons whose rights may be affected thereby, and wh . shall object to the same, or any part thereof, may within ten days after the first publication of the said notice, state his, her, or their objec- tions to the same, in writing, to the said Commissioners ; and the said Commissioners, or such of them as shall have made such estimate and assessment, in case any objections shall be made to the same, and stated in writing as aforesaid, shall reconsider their said estimate and assessment, or the part or parts thereof so objected to, and in case the same shall appear to them to require correction, but not otherwise, they shall and may correct the same accordingly. 5. The said Mayor, Aldermen, and Commonalty shall, within six calendar months after the filing of the said report of the Commissioners in the premises, pay to the respective persons and parties mentioned or referred to in the said report, in whose favour any sum or sums of money shall be estimated and reported by the said Commissioners, the respective sum or sums s« estimated and reported in their favour respectively, deducting in each case any sum or sums that such parties re- spectively may in the said report and assessment of the Com- missioners be declared liable to pay by reason of the benefit to them respectively accruing from the improvement of such streets ; and in case of neglect or default in payment of the same within the time aforesaid, the respective person or per- sons, party or parties, in whose favour the same shall be so reported, his, hi-r, or their executors or administrators, at any time or times after application first made by him, her, or them to the said Mayor, Aldermen, and Commonalty in Common Council convened, for payment thereof, may sue for and recover the same, with lawful interest from and after the said applica- tion therefor, and the costs of suit, in an action of debt or as- sumpsit against the said Mayor, Aldermen, and Commonalty, in anj Court having cognizance thereof, and in which it shall be sufficient to declare generally for so mueh money due to the plaintiff or plaintiffs therein by virtue of this Act for premises taken for the purpose herein mentioned, and it shall be lawful for the plaintiff or plaintiffs to give any special matter in evi- dence under such general declaration, and this Aet, and the 3 V C 2] SAINT JOHN. 53 report of the said Commissioners, with proof of the right and title of the plaintiff or plaintiffs to the sum or sums demanded, shall be conclusive evidence in such suit or action ; provided, that whenever the owners and proprietors of any such lands, tenements, hereditaments, and premises so to be taken for any of the purposes aforesaid, or the party or parties, person or persons interested therein, or any or either of them the said owners, proprietors, parties, or persons in whose favour any such sum or sums or compensation shall be so reported, shall be under the age of twenty one years, non compos mentis, feme covert, or absent from the said City of Saint John, and also in all cases where the name or names of the owner or owners, parties or persons entitled unto or interested in any lands, tenements, hereditaments, or premises that may be so taken for any of the purposes aforesaid, shall not be set forth or men- tioned in the said report, or where the said owners, parties, or persons respectively being named therein, cannot upon diligent inquiry be found, it shall be lawful for the said Mayor, Alder- men, and Commonalty to pay the sum or sums mentioned in the said report payable, or that would be coming to such owners, proprietors, parties, or persons respectively, into the Court of Chancery in this Pi-ovince, to be secured, disposed of, and im- proved as the said Court shall direct, and such payment shall be as valid and effectunl in all respects as if made to the said owners, proprietors, parties, and persons respectively them- selves, according to their just rights, if they had been known and had all been present, of full age, discovert, and compos mentis; and provided also, that in all and every case and cases where any such sum or sums or compensation so to be reported by the said Commissioners in favour of any person or persons, or party or parties whatsoever, whether named or not named in the said report, shall be paid to any person or persons, or party or parties whomsoever, when the same shall of right be- long and ought to have been paid to some other person or persons, party or parties, it shall be lawful for the person or persons, party or parties to whom the same ought to have been paid, to sue for and recover the same with lawful interest and costs of suit, as so much money had and received to his, her, or their use by the person or persons, party or parties respec- tively, to whom the same shall have been so paid. 54 SAINT JOHN. [3 V c 2 6. The respective sums or assessments so to be assessed and reported by the said Commissioners, as and for the allow- ance to be made by the parties and persons respectively in the said reports mentioned sis owners and proprietors of, or parties interested in, lands and premises deemed to be benefited by the widening, extending, altering, straighlening, enlarging, opening, and laying out of the said respective streets men- tioned in the said report, shall be borne, reimbursed, and paid to the said Mayor, Aldermen, and Commonalty by the said parties and persons respectively, and the remainder of all the moneys which thesaid Mayor, Aldermen, and Commonalty shall pay, dis- burse, and' expend, or become liable or bound to pay, disburse, or expend, in discharge or on account of the sums or estimates of compensation and recompense that may be reported by the Commissioners in favour of the respective persons and parties deemed to be entitled thereto, and also all expenses, disburse- ments, and charges which may arise, or be incurred under the provisions of this Act, shall and may be assessed upon that part of the said City of Saint John which lies on the eastern side of the Harbour, excluding from this assessment the lands, tenements, and hereditaments within the district hereinbefore described, which may have been already assessed in the re- port of the said Commissioners; and the said Mayor, Alder- men, and Commonalty, in Common Council convened, are hereby authorized and required to order and direct the said residue and remainder of the said moneys, and the expenses hereinbefore mentioned, together with the charges of assess- ing, levying, and collecting the same, to be assessed, levied, collected, and paid in such proportions, and in the same manner, as any rates for public charges are or may be assessed, levied, collected, and paid under and by virtue of any Act or Acts of Assembly made or to be made for assessing, levying, and collecting rates for public charges. 7. The several and respective sums or assessments herein- before directed to be reimbursed to the said Mayor, Aldermen, and Commonalty, shall be a lien or charge on the' lands, tene- ments, hereditaments, and premises in the said report of the Commissioners mentioned, or upon the estate and interest of the respective owners, lessees, and parties in such said lands, tenements, hereditaments, and premises, for or on account of 3 V C 2] SAINT JOHN. 55 which the said respective sums shall be so assessed by the said Commissioners upon the said respective owners and proprietors thereof, or parties interested therein, and as well the said owners and proprietors thereof and parties interested therein, and also the occupants of each and every of them shall more- over be respectively liable to pay on demand the respective sum or sums mentioned in the said report of the CommissionerSj at which the respective lands, tenements, hereditaments, and premises so owned or occupied by him, her, or them, or wherein he, she, or they are so interested, or at which the owners and proprietors thereof shall be so assessed, to such person or persins as the said Mayor, Aldermen, and Common- alty shall appoint to receive the same; and in default of pay- ment of the same or any part thereof, it shall be lawful for the said Mayor or the Recorder of the said City, and any three of the Aldermen or Assistant Aldermen of the same City, by warrant under their hands and seals, to levy the same with lawful interest thereon, from and after thirty days from the time of the filing of the said report of the Commissioners, together also with the charges and expenses to be had for the collection thereof, by distress and sale of the goods and chattels of such owner and owners, occupant or occupants, or party or parties interested, so refusing or neglecting to pay the same, rendering the overplus (if any overplus there shall be) after deducting all just charges, to such owner or owners, occupant or occupants, or party or parties interested ; or the said respective sums with lawful interest as aforesaid, may be recovered with all cftsts and charges by the said Mayor, Aldermen, and Commonalty, from and against the owner or owners of the respective lands, tenements, hereditaments, and premises whereon or in respect of which the same may be assessed or set forth in the said re- port of the Commissioners, or from or against either or any of them the said parties or owners, without joining any other or others of them the said parties or owners therein, by action of debt or assumpsit, in which it shall be sufficient to declare ge? nerally for so much money due by virtue of this Act to the said Mayor, Aldermen, and Commonalty, and every matter may be given in evidence under such general declaration ; provided that nothing herein contained shall affect any agreement be- tween landlord and tenant, or any other contracting parties, 56 SAINT JOHN. [3 V c 2 respecting the payment of any such assessnfient or charges, but they shall be answerable to each other in the same manner as if the provisions in this Act contained concerning the same had never been made; and if any money so to be assessed, be paid by, or collected, or recovered from any person or persons, when by agreement or by law the same ought to have been borne and paid by some other person or persons, it shall be lawful for the person or persons paying the same, or from whom the same shall be recovered, by distress, suit, or otherwise, to sue for, and recover the money so paid by or recovered from bini or them, with interest and costs, as so much money paid for the use of the person or persons who ought to have paid the same, and the said report of the Commissioners, with proof of payment, shall be conclusive evidence in the suit.' 8. It shall be competent and lawful for any three of such said Commissioners, so to be appointed, to proceed to and execute and perform the trusts and duties of their said appoint- ment, and their acts shall be as valid and effectual as the acts of all the said Commissioners so to be appointed for such said purposes if they had acted therein would have been, and further that in all cases the acts, decisions, and proceedings of the major part of such of the Commissioners to be appointed for the purposes aforesaid as shall be acting in the premises, shall always be as binding, valid, and effectual as if the said Com- missioners named and appointed for such purpose had all concurred and Joined therein. 9. If the owner or owners, lessees, parties, and ])ersons in- terested in the water lots lying to the westward of Nelson and Smyth Streets, between the south line of Union Street and the north line of lots leased by the Corporation, fronting on the North Market Wharf, shall be permitted by the Mayor, Alder- men, and Commonalty of the City of Saint John to extend their wharves and erections into the Harbour, then and in such case the said Commissioners shall be at liberty to take such extension into consideration in their assessment for loss and damages arising from the opening and extending of Smyth Street to the North Market Wharf as aforesaid. lU. The (/ommissioners to be appointed under and by virtue of this Act, who shall enter upon the duties of their appoint- ment, shall each be entitled to receive such sum for each day 3 V C 38] SAINT JOHN. 57 they shall respectively be actually employed in the duties of their appointment, as the said Mayor, Aldermen, and Com- monalty in Common Council shall name, to be paid by the said Mayor, Aldermen, and Commonalty, and included in the before mentioned sums of money, and considered as part of the disbursement and expenses incurred by virtue of this Act, be- sides all reasonable expenses for maps, surveys, and plans, clerk hire, and other necessary expenses and disbursements. 3rd Victoria — Chapter 38. An Act to authorize the Justices of the Peace in and for the City and County of Saint John to erect a building in the said City for a Common Gaol, and to raise a sum of money for erecting and completing the same. Section. . Section. ]. Hy whom Gaol to be contracted for, &c. 5. Duty of Treasurer on paying off loan and S. What sum may borrow for, Sec. interest. 3. Certificates, &c. to be negotiable. 6. Allowance to Treasurer. 4. How luan to be paid. Passed 25th March 1840. Be it enacted, ifc. — 1. The Justices of the Peace for the City and County of Saint John, at any General Sessions of the Peace hereafter to be holden, or at any Special Sessions to be for that purpose convened, or the major part of them so assembled, be and they are hereby authorized and em|)owered, by themselves, or by one or more Committees of Management for that purpose to be appointed, to contract and agree with able and sufficient workmen for erecting and finishing a build- ing within the said City, suitable and proper for a common gaol, for such sum and sums of money, not however exceeding in the whole the sum of five thousand pounds, and in such manner and form as shall be approved of by the said Justices. 2. The said Justices at any General Sessions of the Peace for the said City and County, be and they are hereby autho- rized and empowered to borrow such sums of money as may, from time to time be required for the erecting and completing of the said building, not exceeding in the whole the sum of three thousand pounds, to be paid off and discharged in manner hereinafter mentioned, the same to be taken in loans of not less than one hundred pounds, and that Certificates or Notes in the following form, or to that effect, shall be prepared and 58 SAINT JOH\. [3 V c 38 delivered to the persons from whom such loans may be obtained, to wit : — Number City and County of Saint John, ss. — These are to certify that [Iiere insert residence and addition of lender^ hath lent and advanced to the Justices of the Peace for the said City and County the sum of one hundred pounds currency, which sum is payable to him, or t'> his order, together with interest at and after the rate of per centum |)er annum, pursuant to an Act of Assembly made and passed in the third year of the Reign of Her Mujesty Queen Victoria, intituled An Act to authorize the Justices of the Peace in and for the City and County of Saint John to erect a building in the said City for a Common Gaol, and to raise a sum of money for erecting and completing the same. — Dated the day of in the year of our Lord one thousand eight hundred and forty. By order of the Sessions. A. B. Presiding Justice. C. D. Clerk. Which same certificates or notes shall be signed by the Justice presiding at the said Sessions, and countersigned by the Clerk, and shall be respectively numbered according to the time in which the same may be made and issued, and a memorandum thereof shall be duly entered by the Clerk in the Minutes of the said Court. 3. The said certificates or notes shall be negotiable in the same manner as promissory notes, and the holders thereof shall be entitled to receive interest for the same annually, to be paid by the Treasurer of the said County out of the assess- ments hereinafter mentioned. 4. It shall and may be lawful for the said Justices of the Peace of the said City and County, and they are hereby autho- rized and required to make a rate and assessment each and every year of such sum of money, besides the charge for assess- ing and collecting, as will discharge the interest of the loan con- tracted by virtue of this Act, until the total amount of the loan and all interest thereon heretofore obtained by virtue, of the Act of Assembly made and passed in the ninth year of the Reign of His Miijesty King George the Fourth, intituled An Act to authorize the Justices of the Peace of the City and County of 3 V C 38] SAINT JOHN. 59 Saint John to raise a sum of money for completing the Court House of the said City and County, and until the total amount of the loan, and all interest thereon heretofore obtained or to be obtained by virtue of the Act of Assemby made and passed in the first year of the Reign of Her Majesty Queen Victoria, intituled An Act to authorize the Justices of the Peace in and for the City and County of Saint John to establish a House of Correction for the said City and County, and to extend the pro- visions of two Acts of Assembly to the same, are severally paid off and discharged; and from and after the time of payment and discharge of the total amount of such several loans so con- tracted by virtue of the said several Acts, it shall and may be lawful for the said Justices, and they are hereby authorized and required to make a rate and assessment not exceeding four hundred pounds in each and every succeeding year, besides the charge for assessing and collecting, for the purpose of dis- charging the principal and interest of the loans contracted by virtue of this Act, until the same shall be paid off; all which said several sums of money are to be assessed, levied, collected, and paid in such proportion and in the same manner as other County rates for public charges are or may be assessed, levied, collected, and paid under and by virtue of any Act or Acts made or to be made for assessing, levying, and collecting rates for public charges. 5. The moneys so to be assessed as aforesaid shall from time to time be applied, after discharging the yearly interest due on the several loans contracted by viriue of this Act, to the pay- ment of the princi|)al sums mentioned in such certificates or notes, in due order according to the numbers, beginning with number one; and the Treasurer of the said County shall from time to time give one nnnth's public notice, by advertise- ment in one of the Newspapers published in the said City, for calling in such and so many of the certificates or notes as he is prepared to pay off, specifying the numbers in such advertise- ment, and that from and after the expiration of the time men- tioned in the said notice, the interest on such certificates or notes shall cease. 6. The County Treasurer shall be entitled to have and retain the sum of one pound per centum on every one hundred pounds, for his services in receiving and paying the said moneys so to be assessed under the provisions of this Act, and no more. 60 SAINT JOHN. [3 V c 70, 81 3rd Victoria — Chapter 70. An Act to extend the jurisdiction of the Corporation of the City of Saint John, for the regulation of the rates of Pilotage, beyond the limits now prescribed by Charter. Section. Section 1. Jurisdiction of Corporation as to Pilots. S. Limitation. Passed 31s< March 1840. Be it enacted, &fc. — 1. The Mayor, Aldermen, and Com- monalty of the City of Saint John, in Common Council con- vened, be and they are hereby authorized and empowered to make laws and ordinances for the regulation of the Branch Pilots of the Port of Saint John, in respect to rates of pilotage to be taken by them as distance money, extending to such parts of the Bay of Fundy in connexion with the Harbour of Saint John as they shall deem expedient, and under such penalties, restrictions, and forfeitures as the said Common Council may see fit. 2. This Act shall remain and be in force until the first day of April one thousand eight hundred and forty three. 3rd Victoria — Chapter 81. An Act to limit the extent and regulate the building of Wharves on the eastern side of the Harbour of Saint John. Section. - Section. 1, How far wharves to be extended on east- 3. What wharves may be extended^ and ern side of harbour, where between, and what streets. 2. How to be constructed, &c. 4. When and where slips to be left. Passed 31.vi! March 1840. W^HEREAScertain Commissioners were by His Excellency the Lieutenant Governor appointed to enquire into and report upon the state of the Harbour of Saint John, and have, in pursuance conditioned for the due and faithful performance of bis duty as such Treasurer;^ and in like manner, any person appointed to be a Collector of any rates or assessments under this Act, shall enter into bonds to the said Commissioners and their successors, in the sum of five hundred pounds^ together witb> two sufficient suretiesj. tex 11 V C 12] SAINT JOHN, be approved of as aforesaid, in the sum of twc^i^driekl'and fifty pounds each, for the due and faithful performance of his ■duty as such collector. 49. It shall and may be lawful to and for the Lieutenant Crovernor or Administrator of the Government for the time being, by and with the advice of the Executive Council, from time to time to nominate and appoint, (and also to remove, re- appoint, and replace, as may be expedient,) three fit and proper persons, being freeholders, resident in the said Parish •of Portland, to be Commissioners for the purpose of carrying out the provisions, and superintending the operation of this Act, who shall be styled " Commissioners of Police for the Parish of Portland ;" which said Commissioners, before they enter on the performance of their duties under this Act, shall severally take and subscribe an oath or affirmation before any Justice of the Peace in and for the City and County of Saint John, faithfully to perform the trust and duties required of them by (his Act. 50. It shall be the duty of the said Commissioners, and they are hereby authorized and required to exercise a general and efficient supervision, inspection, and control of the fiscal and ordinary civil affairs and condition of the said Portland Police establishment ; to nominate and appoint, remove and dis- charge tlie Treasurer of the said Police District, the Asses- sors and Collector for the said district, respectively, herein- before mentioned ; and also all clerks, fservants, keepers, and subordinate officers, (save and except constables of the Police force, and keeper of the lock-up house,) who may be requisite for duly carrying on the business and affairs of the said Police establishment, and in their places to nominate and appoint other fit and proper persons in their place or places respec- , 81. Bye laws of City Corporation to remain ers to exercise. > valid. Passed mh March \%5Q. Be it enacted &fc. — l.'lt shall and may be lawful for the Police Magistrate or other Magistrate sitting at the Police office established in the C\iy of Saint John by virtue of an Act passed in the twelfth year of the Reign of Her present Majesty Queen Victoria, intituled An Act in further amendment of the Charter of the City.'of Saint John, to hear and determine all oflTences committed against any bye law or ordinance of the Corporar tion oClihe said City; and all fines, penalties, and forfeitures, and s^ms of money imposed and awarded in and by any of the said bye laws or ordinances now in force, or which may be hereafter ordained and become in force, shall and may be sued for, prosecuted, and recovered, with costs, before the said Police 13 V C 1] SAINT JOHN. 139 Magistrate or other Magistrate sitting at the said Police office as aforesaid, and with the like effect as any other fine, penalty, forfeiture, or sum of money may be sued for, prosecuted, and recovered before the said Police Magistrate; and in every case on the adjudication of any pecuniary penalty under any such bye law or ordinance, and non-payment thereof, it shall be lawful for the said Police Magistrate or sitting Magistrate to commit the offender to the common gaol or Provincial Pe- nitentiary for the term directed and provided in and by such bye law or ordinance. 2. All moneys received and collected by the said Police Magistrate in respect of any fines, penalties, and forfeitures incurred and paid under the provisions of any such bye law or ordinance, shall be paid over by the said Police Magistrate, with an account thereof on oath, on the first day of every month, or if such first day of the month be Sunday, then on the next preceding day, into the hands of the Chamberlain of the said City, for such uses and purposes as may be directed in and by such bye laws and ordinances respectively, and at the same time he shall pay all fees and costs received by him in collect- ing the same, into the hands of the said Chamberlain, to the use of the Watch and Police funds. 3. A copy of any such bye law or ordinance, purporti^ig to be certified under the hand of the Common Clerk of the said City to be a true copy, and to have been confirmed by the Lieute- nant Governor in Council, shall be prima facie evidence of such bye law or ordinance, and of the due confirmation thereof, in all Courts within this Province. 4. It shall be the duty of the Police Magistrate and police- men of the said City at all times to be vigilant and faithful in endeavouring to discover and detect all offences against the said bye laws and ordinances, and all other offences whatso- ever against the law, and to be aiding and assisting the Mayor, Recorder, and Aldermen of the said City in enforcing obedience thereto. 5- AViy person corffined frfr debt in the^ody of the gaol in the CitAandf County o^aiMt John, whethei^n^apias, attach- ment, or^xfeciition, in anNLit brought befor^ Justice of the Peace of 1|^ said City JitT^minty, or in ilpS^y Court of Saint Joiyh, ah^^eing injindigcnt circumstances|may make 140 SAINT JOHN. [13 Vol application for his discharge to the Mayor, or the Recorder, or Police Magistrate, or an Alderman, or the Comnifon Clerk of the saimCity; and the said Mayor, Recorder, police Magis- trate, Aiuerman, or Common Clerk, or any om of them, may grant an wrder, directed to the Sheriff of t/e said City and County, ret|uiring him to bring up such confined debtor for examinatio\ at such time and place as may be thought fit ; and the saidXSheriff shall duly obey such ofrder, and not be lia- ble for any ration for escape or other/suit in consequence thereof. 6. In pursuai^e of such order the s/id confined debtor may be examined at tiie time and place s/ccified in such order, on oath before the aaid Mayor, RecOTder, Police Magistrate, Alderman, and Coinmon Clerk, oriany two of them, of whom the Police MagistrateL the Recorder, or Common Clerk, shall be one, and if on such a^aminatioli it shall appear to their satis- faction that the said deWtor is in/eally indigent circumstances, and unable to pay the aniount/br which he is confined, or to support himself in gaol, thXsMd Mayor, Recorder, Police Ma- gistrate, Alderman, and CoWmon Clerk, or such two of them as aforesaid, may make an yiNer for the immediate discharge of the said debtor from cust/dy Vi the said suit, and such debtor shall thereupon accordin^r be YMmediately discharged from such custody, without p/yment \f any gaol fees ; provided nevertheless, that no sdch order fo|r discharge shall be made in any suit unless it be«nade to app^r to the satisfaction of the said Mayor, Reco/der, Police Magistrate, Alderman, and Common Clerk, or su/h two of them alLaforesaid, that at least twenty four hours no/ice of the time anJ^ place of the said ex- amination had been/)reviously given to t^e plaintiff or creditor in such suit, or his^gent, or left for him E^his present or last place of residence^ 7. The said M^or, Recorder, Police Magistrate, Alderman, and Common Cferk, or any one of them, shVll have power to summon witne^es to attend and giveeviden™ at such exami- nation, and sh/ll and may have the same powar and authority to issue a supimons for the appearance of an\ person to be examined aaa witness at such examination, and in case the same be nol obeyed, to issue warrants for the \pprehension and coramidment of such persons, as are given t^and vested 13 V C 1] SAINT JOHN. 141 in a Justice of the Pea'ce oniony information or. complaint be- fore him, in and by r^e.sixfcn Section of an Act passed in the twelfth year of the K^ian of Her present Majesty Queen Victoria, intituled An yuhin facilitate the performance of duties of Justices of the Peace ou^^ Sessions within this Province with respect to summ4ry convicHtins and orders. 8. The twenty ninth Section of an Act passed in the twelfth year of the Reign of Her present Majesty Queen Victoria, intituled An Act in further amendment of the Charter of the City of Saint John, be and the same is hereby repealed. 9 & 10. Repealed by 16 V. c. 37, s. I. 11. The De|)uty Clerks of the several Markets in the City of Saint John, and the Master of the Steam Ferry Boat plying in the Harbour of Saint John, in order to the ])reservation of the peace and good order in the said Markets or Ferry Boats, shall (during the time they hold the said offices or places) be and they are hereby severally vested (in addition to any power given by the Charter of the said City, or any bye law or ordinance of the Corporation of the said City) with all the powers and authorities vested in the policemen of the said City by any law or statute now in force in this Provini;e. 12./ And whereas doubts have arisen as to the power of the Mayor's Court of the City of Saint John to appoint Commis- sioners to take bail under the provisions of an Act made and passed in the sixtieth year of the Reign of His Majesty George the Third, intituled An Act to authorize and empower the Inferior Court of Common Pleas in the respective Counties of this Province to appoint Commissioners to take Bail in the same Courts; — The provisions of the said recited Act shall be deemed and taken to authorize and empower the Justices of the Inferior Court of Common Pleas for the City nnd County of Saint John to appoint Commissioners in the said City, or elsewhere in the said City and County of Saint John, to take bail in the said Court in the manner provided by the said recited Act. 13. It shall and may be lawful for the said Police Magistrate, upon complaint of the party aggrieved, to hear and determine by himself alone, summarily, all prosecutions and complaints of common assaults and batteries, in the same manner, and under the same limitations and provisions, and with ihe same 142 • SAINT JOHN. [13 V c 1 power and authority as is directed to be done by two Justices of the Peace in respect of such complaints, in and by the seventy fourth, seventy fifth, and seventy sixth Sections of an Act passed in the twelfth year of the Reign of Her present Majesty Queen Victoria, intituled An Act to consolidate and improve the Laws relative to the administration of Criminal Justice ; and all fines, penalties, fees, and costs received and collected by the said Police Magistrate in respect of such pro- secutions, shall be accounted for and paid over by him to the said Chamberlain, in like manner as is directed in the second Section of this Act, for the use of the said Watch and Police funds. 14. When any person shall be charged with any larceny, or any ofl^ence of receiving stolen goods, whenever the value of the property stolen shall not exceed forty shillings, it shall be lawful for the said Police Magistrate, together with any two Magistrates for the City and County of Saint John, forthwith to hear and determine such offence, and on conviction either by confession or on the testimony of one or more credible witness or witnesses, the said Magistrates are hereby autho- rized and empowered to commit the offender to the common gaol or Provincial Penitentiary, in the discretion of the said Magistrates, for any term not exceeding six months. 15. The said Police Magistrate shall direct some one of the policemen to be in constant daily attendance at the Mayor's office during office hours, whose duty it shall be to observe and obey all such orders and directions as may be given him by the Mayor or Recorder in respect of the public business of the City. 16. It shall and may be lawful for the Mayor, Aldermen, and Commonalty of the City of Saint John, in Common Council convened, and they are hereby authorized and empowered to appoint such and so many Assessors and Collectors as they in their discretion shall think fit, for the at^sessing, levying, and collecting of all such rates, taxes, and assessments, as shall from time to time be required to be levied and assessed upon the said City by virtue of any law for raising or assessing any sum or sums of money upon the ssiid City. 17. The Assessors and Collectors appointed or so to be appointed in and for the said City, shall be and they are hereby 13 V C 1] SAINT JOHN. 143 made subject and liable to the same rules, regulations, restric- tions, penalties, and forfeitures, as the Assessors and Collectors of any Town or Parish in this Province are made liable to under and by the provisions contained in Section second of an Act made and passed during the present Session of the Legis- lature, intituled An Act to consolijdate and amend the laws relating to the local government of Counties, Towns, and Parishes in this Province. 18. The fifth, sixth, seventh, and thirteenth Sections of an Act made and passed in the seventh year of the Reign of His Majesty William the Fourth, intituled An Act to provide for the collection of County and Parish Rates, be and the same are hereby continued and declared to be in force, and incor- porated with as part of an Act made and passed in the eleventh year of the Reign of Her present Majesty, intituled An Act more effectually to provide for the support of a Nightly Watch and Day Police in that part of the City of Saint John lying on the eastern side of the Harbour of Saint John, and for lighting the same, as also for other purposes, during the con- tinuance of the said last recited Act. 19. It shall be lawful for the Common Council of the said City, by any bye laws or ordinances for such purpose to be passed, to make rules and regulations for the government of the said Assessors and Collectors, and thereby to order and direct the mode in which they shall execute and perfornj the various duties required of them by law, and to impose such fi-nes and penalties for the better enforcing thereof as they may deem reasonable, not to exceed in any case the sum of ten pounds ; provided that no such bye laws or ordinances shall be of any effect which are repugnant to the provisions of any Act of Assembly relating to the subject matter thereof. 20. The said Assessors shall for the purpose of enabling them to obtain information for making such assessments, have liberty to search at the Record Office of the City and County of Saint John, to ascertain the amount of proj)erty owned by any person liable to assessment, and the Registrar shall receive for all searches (from such Assessors) connected with any one individual's property, the sum of one shilling and no more, which sum so paid by the said Assessors shall be allowed and repaid them in addition to their commission ; provided 144 SAINT JOHN. [13 V c 5 always, that such Assessors shall only be permitted to search under the authority of this Act between the time of their appointment and the making of the assessment in each and every year. 21. A bye law or ordinance of the Corporation of the City of Saint John, made and passed on the twenty fifth day of February last, intituled A Law to regulate the election of Aldermen, Councillors, and Constables in the City of Saint John, be and is hereby declared to be good, valid, and effectual in the law, and the same be and is to all intents and purposes hereby ratified and confirmed. 13th Victoria — Chapter 5. An Act for the better extinguishing of Fires which may happen in the City of Saint John. Section. } Section. 1. C'?riain Acts repealed. 7. Mftnbers, tlieir powers and duties. _ 2 i"ire Department, by whom organized. 8. WliatTJi'WMa/ccj'e evidence of Biealing. 3. Hiiw divided. 9. When S?heriu, &c. to resort to fires. "4. Meniliers of Fire department, from what 10. Bye laws to compel inhabitants to assist aind how exempt. at fires, when and by whom .made. 5. When entitled to retire. 11. Repeal of Section. , 6. Bye laws for regulation of,, by whom 12. Limitation, made. Passed Uth Jpril 1850. Be it enacted, &fc. — 1. An Act made and passed in the fifty second year of the Reign of His Majesty King George the Third, intituled An Act authorizing the Mayor, Aldermen, and Commonalty of the City of Saint John to make regulations for the more effectual prevention of Fires mithin the said City; and also an Act made and passed in the fifty ninth year of the same Reign, intituled An Act in addition to and amendment of an Act intituled " An Act to revive and make -perpetual an Act authorizing the Mayor, Aldermen, and Commonalty of the City of Saint John to make regulations for the more effectual prevention of Fires within the said City i''' and also an Act passed in the third year of Her present Majesty Queen Victoria, intituled An Act for the better extinguishing of Fires which may happen in the City of Saint John, and to continue a cer- tain Act relating to the same matter therein mentioned ; and also an Act passed in the eighth year of the same Reign, inti- tuled An Act in addition to an Act intituled " An Act for the better extinguishing of Fires which may happen in the City 13 V C 5] SAINT JOHN. 145 of Saint John, and to continue a certain Act relating to the same matter therein mentioned ;" be and the same are hereby repealed, except so far as the said Acts or any of them may repeal the whole or any part of any other Act not hereby re- pealed. 2. It shall and may be lawful to and for the Mayor, Alder- men, and Commonalty of the City of Saint John, in Common Council convened, by any bye laws or ordinances, orders or otherwise, to establish a fire department in and for the said City, which said fire department shall consist of one chief engineer, and so many other engineers, firemen, fire police- men, and firewards as shall and may from time to time be elected, nominated, and appointed by the said Common Council ; provided that the number of engineers and firemen so to be elected, nominated, and appointed, shall not exceed sixty for each and every fire engine belonging to the said City. 3. The said Common Council shall and may, and they are hereby authorized and empowered to establish and organize the said fire department into such and so many companies or divisions, and in such manner as they shall think fit, and from time to time to remove and displace all or any of the members of the said fire department when and as often as they shall think fit, and others in the room and places of such as they shall remove or displace, to elect, nominate, and appoint, 4. Each and every person to be elected, nominated, or ap- pointed a chief engineer, an engineer, and a fireman, from time to time during his continuance in such office, and no longer, shall be freed, exempted, and privileged from serving the office of constable or surveyor of highways, and from serving in the Militia, except in case of invasion or other imminent danger, and from serving upon any jury in any Court to be held within the said City and County of Saint John, and from performing statute labour on highways and streets in the said City, and from paying the commutation money for such statute iabour, and shall also be freed, exempted, relieved, and discharged from the payment of any such City or County rates or taxes or any such portion or proportion thereof as the said Common Council may in their discretion at any time or times, by any bye law or ordinance, regulation or order, direct and appoint; and the names of such persons elected, nominated, and ap- 10 146 SAINT JOHN. [13 V c 5 pointed members of the said fire department from time to time, shall be registered and entered with the Clerk of the Peace for the said City and County; and if any such engineer or firemen shall be chosen, elected, or appointed to any office or situation, or be required to perform any duties or make any payments from which he is hereby declared to be exempt and freed, then upon production of his warrant of appointment, and a certificate under the hand of the chief engineer, of his then being and serving as such engineer or fireman, he shall be absolutely relieved and discharged from the same. 5. Every person who shall have served as a chief engineer, or an engineer or fireman of the said fire department for the continued space of fourteen years in succession, and every chief engineer, engineer, or fireman who before the passing of this Act may have faithfully served as such for an uninterrupted period of not less than fourteen years, shall, if the said Com- mon Council, by a resolution in which not less than two thirds of the whole body shall agree, shall so direct, be relieved from further service in the said fire department, and such person so relieved shall retain, have, use, and enjoy the same privileges and exemptions from serving as constable or surveyor of high- ways, anil in the Militia, and from statute labour, as are allowed to such chief engineer, and to engineers and firemen, by this Act. 6. It shall asd may be lawful for the said Mayor, Aldermen, and Commonalty of the City of Saint John, in Common Council convened, from time to time to enact, ordain, make, and estab- lish in such manner and terms as they shall think fit, any bye laws, ordinances, orders, rules, regulations, and provisions, in respect to the organization, appointment, qualification, ar- rangement, government, conduct, duty, and behaviour of the several members of the fire department, or any of them, and to the care, working, management, exercising, trying, and using the fire engines of the said City, and the tools and other instruments and implements for extinguishing fires which may happen or break out in the said City, and for compelling the attendance of the members of the said fire department at any such fire, and to impose and establish such reasonable fines, penalties, and forfeitures upon ihem or any of them, for de- fault or neglect of the duties, business, and services thereby, 13 V C 5] SAINT JOHN. 147 or by this Act enjoined or required of or from them, as may be thought fit, not exceeding for any one offence the sum of ten pounds. 7. The said persons so to be elected, nominated, and ap- pointed to be members of the said fire department, are hereby required and enjoined always to be ready at a call by night and by day, to perform their several and respective duties in the extinguishing of fires that may happen to break out in the said City, and in the preservation of property thereat ; and upon the breaking out of fire within the said City the said fire policemen shall immediately repair to the place where the fire may be, and protect all property which may be either removed or being removed to preserve the same from destruction or damage, and for that purpose shall and may have full power to enter any house, or on any lands and premises connected therewith, and prevent all depredation thereon, and arrest or remove and convey to the common gaol, or any watch house or police station, or other place of confinement, any person who may be found committing or attempting to commit any felony or any breach of the peace, or any idle or disorderly person, or any person who shall intermeddle with any such property, or shall refuse when required to assist either in carry- ing water or obeying any other command of such fire police- men or other person having authority for the purpose of extinguishing the fire or preserving property ; and any one or more of the said fire policemen, taking with him or them a Justice of the Peace for the City and County of Saint John, may enter any dwelling house, store, out house, or erection of any kind, or any yard or other land or premises, and search the same for goods, chattels, or articles of any description stolen or suspected to have been stolen at or during the con- tinuance of the said fire, or missing in consequence of such fire ; and the said goods, chattels, or articles to convey or cause to be conveyed to some safe place of deposit, or to leave the same with the said Justice or any other Justice, to be dealt with according to law. 8. Whenever it shall appear that any person has had in his possession any goods, chattels, or articles of any description whatever, which may have been stolen, missing, lost, or taken away at any fire or after any fire, and before the same has 148 SAINT JOHN. [13 V c 5 been restored to the owner, for the space of forty eight hours after the said fire shall cease, without giving notice to the owner thereof, or to a Justice of the Peace, or to a fire policeman, such possession without such notice shall be deemed and adjudged prima facie evidence that such person has been guilty of larceny, and on conviction thereof shall suffer the punishment as in a case of larceny. 9. Upon the breaking out of fire within the City aforesaid, the Sheriff and all Under and Deputy Sheriffs, the High Con- stable and all Petty Constables and Marshals, upon notice thereof, shall immediately repair to the place where the fire shall happen, with their rods, staves, and other badges of their authority, and shall be aiding and assisting in extinguishing the said fires, and causing the people to be orderly and obedient, and in removing and securing property, and in preventing goods from being stolen, and shall seize and apprehend all ill- disposed persons that may be found stealing or pilfering there- abouts, and all other suspicious, idle, or disorderly persons. 10. The said Mayor, Aldermen, and Commonalty of the City of Saint John, in Common Council convened, shall have full powei- and authority from time to time to enact, ordain^ imake, and establish, in such manner and terms as they shall think fit, any bye laws, ordinances, orders, rules, regulations, and provisions to compel the attendance of the inhabitants or any other persons to assist at the extinguishing of fires, and to prescribe the duties of such inhabitanls or other persons, and to remove or prevent the construction of any hearth, fire place, or chimney, stove, oven, or boiler, kettle, or any apparatus used in any manufacture or business \yhich may be dangerous in causing or promoting fires; and also to direct the construc- tion of smoke houses, and also of deposits for ashes in safe and suitable "places' and of materials secure against fire ; and also to regulatethe graving of ships; and also the keeping, carting, conveying, and transporting fire, fire brands, or live coals of fire ; and also hay, straw, hemp, flax, tow, cotton, wool, rushes, firewood, boards, shingles, shavings, or other materials easily ignited ; and to enforce the proper sweeping and cleaning of chimneys ; arid to authorize and regulate the pulling down and demolishing of buildings adjacent to buildings on fire, and remunerating the owners thereof; and also to regulate the 13 V C 8] SAINT JOHN. 149 keeping, carting, conveying, or transporting of gunpowder, or any other combustible or dangerous material within the said City, and 1o provide for the forfeiture thereof if the same shall be kept, carted, conveyed, or transported contrary to any bye laws, ordinance, order, or regulation ; and also to regulale the use of light and candles in livery stables and other stables within the said City ; and also to direct the inhabitants or owners of houses within the said City to furnish and provide themselves with fire buckets, ladders, and any other such thing as may be necessary to be kept in, on, or near to their respec- tive houses or other premises, to be ready for being used in preventing and extinguishing, fires ; and also to make rules, regulations, and restrictions to be observed by all persons in the erection of buildings to lie built within the populous parts of the said City ; and also to authorize such suitable officer or officers as they may think proper, at such reasonable time or times as they may direct and appoint, to enter into and examine all dwelling houses, lots, yards, enclosures, and buildings of every description within the said City, to examine, inspect, survey, and discover whether any danger of firo exists therein, and to give order and direction concerning the same, so as efi^jctually to provide for the safety of the inhabitants and property in the neighbourhood thereof, and to impose and establish such reasonable fin^s, penalties, and forfeitures for any breach of the said bye Jaws, ordinances, orders, rules, regulations, and provisions, or any of them, as may be thought fit, not exceeding for any one oflTence the sum often pounds. 11. Repealed by 15 V. c. 12, s. 1. 12. This Act shall continue and be in force until the first day of April which shall be in the year of our Lord one thou- sand eight hundred and fifty two. ^ 13th Victoria — Chapter 8. ^JL^itJz^ /^ An Act to alter and amend, the Practice and Proceedings in the City Co'iart of Saint John. Section. ' , SectiJ)n. 1. Ciiy Court, how often held. 7. Bail, for what liable. 2. Ordinary iiroi-e.is (if Court, &c ,1 8 Altanhnient, return to. 3. Aitaulinieiit, wlien may issue. 9. Alias and pluries. i Fiirin i>f atia<;lirn.-nl. » 10. Parties, huw may appear. 5. Kail, cnmmiiniHiit, confinement, ftc. 1 1. Particulars, where delivered, &c. 6. Uffeiirlant. wlieu to be released before IS. Kxhihitiiin of. judgment. 13. Parties confined to. 150 SAINT JOHN. [13 V c 8 Section. 14. When case may be adjourned. 15. Sribpoeiia, how far to extend. 16. When cause to be tried. 17. When Court may try. 18. When to assess debt, &3. 19 Jurors, how summoned. 20. Execution, when and bow is^ed. be holden on Thursday in Christmas Day or New Yes in any week, the said Courl Section. SI. Date and return of. 22. Marshal's duty oh execntioD. 23. His further duty. Period of .confinement. S4. Jurisdiction, &c., what. 25. Construction clause. 26. Fees. 27. When Act to take effect. Passed 11/A April 1850. Be it enacted, Sfc. — 1. Tlie C ty Court of Saint John shall evei y week, provided that when r's l>ay shall fall upon Thursday shal be holden on the Wednesday in such week, and not on ' 'bur iday ; provided also, that the sitting of the said Court r ay 1 e adjourned to the day next succeeding any Court day,, if d lemed expedient or necessary for the dispatch of any unfijliishc d business. 2. The ordinary process in a I suits in the said Court shall be a summons issued by tiie Cc mmon Clerk of the said City, and may be according toithe n ode and form heretofore used and accustomed in the si id C( urt, which summons shall be served by a Marshal; an^ may )e served at any time before the time of appearance menli med therein, in the manner following, that is to say,- -If thi i defendant shall be found, it shall be served by delive ry to llirti of a copy thereof, and by reading the same to him, or acquainting him with the contents, if required by him ; if tbd defenaant shall not be found, it shall be served by leaving a cMiy theivof at his last place of abode, in the presence of some person -esiding in the house of suit- able age and discretion, ^|ho sha I be informed of its contents, if he shall so require ; and everj Marshal serving a summons shall return thereupon in writi ig the time and manner in which he executed the sattie, an 1 if required by the Clerk or either of the parties, shall verif such return by oath before the Clerk or his deputy. 1 3. The Clerk shall upJn app ication issue an attachment, when it is made to appew on c ith, taken before him or his deputy, or on affidavit to ob take a in writing before an Alder- man by the plaintiff or hislagent that the defendant is justly indebted to the plaintiff inia sui i to be specified, which shall not be less than five shillinVs, a d that he doth verily believe that the defendant is about to de »art from the said City ; pro- vided that no attachment Inall a^ issued against any person 13 V c 8] SAINT JOHN. 151 having privilege of the General/Assembly or against any female. I 4. Every such attachment majf be according to the mode and form of attachment heretofore used and accustomed in the said Court, and the same shall le served by a Marshal, by arresting the defendant, and at t le same time delivering to him a copy of such attachmejit, a |d also if he shall require it, reading the same to him or 4cqui inting him with its contents. 5. The Marshal shall upoin st ch arrest take bail for the d and sufficient bail be ten- upoin appearance of the defendant,, if gi dered, which bail shall thereilponfsubscribe a memorandum to be endorsed on the attachment, (w subjoined at the foot there- of, to the effect that he or tHey llecome bail ; but if such bail be not tendered, the Marshal ahall carry and convey the defendant to the common gaojl of tne City and County of Saint John, and deliver him to the peeper of such gaol, together with reniain till discharged by due ebt ai d costs be paid ; but such Ito be the said attachment, there t^ course of law, or until the defendant shall not be liable] longer period than one day stated in the attachment ietained in custody for any ;r eve y two shillings of the sum [nd if ( barged in execution while the he time during which under the attachment shall so in custody on the attachment, defendant shall have been confined go in discharge of an equal portic n of the imprisonment to which he would be liablel uudei the execution ; provided always, that no gaoler shallfcie liab e to an action for detaining any defendant so committed beyoni the legal period, unless he shall have demanded his discharge, or unless such detention shall appear to have been vsyful and malicious. 6. A defendant so comn itted tJ gaol shall any time before final judgment be entitled t his ralease in either of the follow- ing cases : Firstly — If any one on more responsible person or persons resident within the said City and County be willing to become bail, and shall sub^ iribe sjmeniorandum to that effect, to be endorsed on the atta Ehme|t or subjoined thereto, and shall, unless allowed by the plainlff, justify by affidavit before the Clerk or an Alderman, cvhicnafiidavit shall state the place of residence and the occupy tion Jf the person so offering him- self as bail, that he is really atn bona fide worth double the sum for which the defend^t ma| have been held to bail, over 153 SAINT JOHN. [13 V C 8 and above what would pay 8^1 hk just debts, and in addition to the necessary wearing app ren and bedding of himself and family, fuel, and tools of tr ida: Secondly — If the defendant shall make a deposit with tf e wlerk to the amount of the debt sworn to, together with ten sMiliings for costs, as security for the defendant's satisfying n| plaintiff for the amount which [id upon such bail being put in joresaid, or such deposit being in order for the release of the he may recover in the suit ; and justified or allowed as made, the Clerk shall gran] defendant, directed to the g; of such order to him, discha 7. The bail for any defen defendant's paying the amqi plaintiff may recover against into custody upon execution, and delivered to a Marshal for within forty days after judgm after service of a written rjoli r, who shall, upon the delivery the defendant from custody, t shall be answerable for the of debt and costs which the , or that his body be rendered' such execution be taken out he purpose of being executed t, or within forty eight hours by the bail to the plaintiff or bis agent, requiring such, exeHution to issue ; and if such execution be not taken out andmelivered to a Marshal within the said period of forty days afftr judgment, or within forty eight hours after such notice a| aforesaid, in either of such cases the bail shall be dischar^d from all further liability ; provided also, that the bail manrequire the plaintiff to take out execution forthwith after jfldgment, and may take and detain the defendant until suclll execution is prepared and delivered to a Marshal, aM thSeupon commit him to the custody of such Marshal upon tuch execution ; and if the plaintiff shall ufton such retjuisitiln refuse to take out execu- tion, the bail shall be discnargeqfi and any defendant before judgment, or any debtor haying in any cause in the said (|ourt, rendered by his bail, in discharge purpose to be obtained from'the of the circumstances, which or gaoler at the time of delivering i he the bail shall thereupon be dilch rg. 8. Every Marshal serving an i tta upon in writing the manner i\ \^liic :u er benefit of the gaol limits, ay render himself, or be is bail, by an order for that •k, upon oath or affidavit shall be lodged with the rincipal into custody, and from all further liability, ment, shall return there- he executed the same. 9. If any summons or attaoin pnt be returned not served, it 1 13Vc8] SAINT JOHN. 153 may from time to time be renew*! bttthe Clerk, who shall upon the apj)lication of the plaintiff W^vtfe an alias or pliiries sum- mons or attachment, provided tKit no more than one pitiries writ shall be issued or allowed fo* in the taxation of costs. 10. Any plaintiif or defendant 'm aisuit before the said Court may appear and conduct his suit,| ji^ner in person, or by attor- ney or agent, whose authority mj /ibe either written or oral; but on the trial, such attorney or dg:ent shall not be a compe- tent witness for the party for who :nf,|he appears. 11. Every person applying fo^ a summons or attachment shall, at or before the is.suing of oieisamc, deliver at the office of the Clerk as many copies of asfatement of the particulars of his demand, or cause of action Ja'p there are defendants, with an additional copy to file; and tllE.('Clerk shall annex one copy thereof to each copy of the procels, to be served on the defen- dant with the process ; and evepr dcifendant having a set-off, shall file with the Clerk, or delivtr to the plaintiff, a particular of such set-off at least one dayfeefore the day appointed for hearing the cause. I' 12. The Clerk shall at all rea»nable times exhibit such par- ticulars to the opposite party, d id if required, deliver a copy of the same 13. The parties shall at the t their respective particulars, and evidence of any matter or dem^ 14. Where the summons h| same at the dwelling house, anij ial of the cause be confined to shall not be allowed to go into id not contained therein, been served by leaving the it shall be made to appear to the Court on oath, or affidavit^hat such defendant was absent from his dwelling house, and 1^ not since returned thereto, or had notice of such summons, tlfe Court may at their discretion adjourn the hearing of the cafile. 15. A subpoena issued by ihj3 Clerk for the attendance of witnesses to give evidence «i'\any trial pending in the said Court, shall be valid to corJpel the attendance of a witness living in the City and Count#offeaint John, or in an adjoining County; and the service or tile subpoena shall be effected in the mode, and the personfeubpcenaed shall be subject to the liability prescribed and proJided in those respects in and by the Act to regulate proceed|i|s pefore Justices of the Peace in civil suits. / ' 154 SAINT JOHN. [13Vc8 16. Every cause shall bj heard and determined before the said Court, at the return o ' the process, if the defendant shall have been duly served at le : st two clear days before the return day, otherwise the cause si ill be heard and determined at the Court day next after the r< lirn of the process, if duly served,' unless the same shall be aljourned on account of the absence of some material witness; nrovided always, that in cases where the defendant shall be arrosted under any attachment, and be in actual custody thereunda*, the hearing and determination of such cause shall, if the defendant desires it, be had in all cases at the return of such process, unless postponed by the order of the Court, on good cause/shewn on affidavit. 17. Upon the hearing ff any cause, the Court (unless a jury shall iiave been duly dem&nddd) shall proceed to hear the proofs and allegations of the parties, and to determine as the very right of the case may ap()earl 18. If the defendant (|o not appear to make defence, and it shall appear that the prt>ces»ihas been duly served two clear days before the return thereof,lhe Court shall proceed to assess the debt, or damages, aato tUpm shall appear just, and may make such assessment uaon arir bond, bill, note, or other writ- ten security for the paymEiit of any sum certain, without further evidence; and such secunty shfill be marked by the Alderman or the Clerk, and remain ^n fileln the Clerk's office; the Court daomges on the viva voce examina- plainliif, or any other person, which re miy Alderman, or the Clerk, or or aiy person authorized to take ISup'isme Court. may also assess the debt tion or the affidavit of th affidavit may be made b any Justice of the Peac^ affidavits to be read in th 19. On the application before or at the time of cal siding Alderman and Com among the bystanders, thr ther^Af the plaintiff or defendant, Fg o any cause for trial, the pre- nCl^k shall Viva»oce summon from disinterested persons duly quali- fied to sit as jurors in Cou'rts oi Record, who shall be in no wise akin to either party, 1 1 male a jury for the trial of the action, who being duly swoi n, shiljltry the cause and give their verdict, and judgment shall be altered thereon; and the same regulations in regard to the jurylandthe trial of the cause shall be kept and observed in eJl relp.ects as are provided in that behalf in and by an Act nade and passed in the fourth year 13 V c 8] SAINT JOHN. 155 of the Reign of His late Majesty iping William the Fourth, intituled An Act to regulate prom Mings before Justices of the Peace in Civil Suits, except as ie same may be altered or other provisions made therefor by this Act; provided always, that if in the discretion of the saic ipresiding Alderman and of the Common Clerk, tjjree fit persoas shall not be in attendance to make such jury, the said presiding Alderman and Common Clerk may postpone the trial of of such Court, and if need be and may authorize the Clerk to issfte interested between the parties, anij shall have served the first proces^ him to summon three disinterest^ f srsons duly qualified to sit as jurors in Courts of Record, anjcl w* lo shall be in no wise akin Ich cause to the next sitting ley shall think it expedient, ire to any Marshal dis- being the Marshal who ich cause, commanding Biey sn yivenir iViot b in sue trial of such action, who as aforesaid. lered by the said Court, to either party, to make a jury o^ the being duly sworn, shall try the iausc 20. Upon any judgment beini ren the successful party may havelexecl tion against the body or the goods of the adverse party,' at hi election, and on applica- tion therefor, the Clerk shall issue ejicecution, but no execution shall be issued by the Clerk after tHe expiration of one year from the time of rendering jungmeJt. 21. The execution shall bejflatedlsn the day when it is actu- ally issued, and shall be retiK'nabll at the second succeeding Coiirt day, unless a longer tinje shall be requested by the party in whose behalf the same is issueq, when the return day may be extended to any time no! exceeding four weeks from the datej and every such executi^ mair be according to the form J the said Court; and if any n whole or in part, a further nole tiJh 3i^ed heretofore used and accu stoned iii execution be returned unsaisfied execution for the amount remainiti ; due thereon may be issued. 22. The Marshal to wham an xecution against the goods shall be delivered, shall pHoceed forthwith to levy the same, and unless the debt or danages and costs be paid, he shall take sufficient goods and clfattels of the party against whom the same is issued to satisfy l^ie sa ne, and shall proceed thereon in all respects as is provided for ike cases in and by the said Act of Assembly for regulatilg tl 3 proceedings before Justices of the Peace in civil suits. I 23. The Marshal to whofti anj execution against the body 156 SAINT JOHN. L13Vc« shall be delivered to be exe uted, shall in the cases authorized by law take the body of the person against whom the execution is directed, and convey hin to the common gaol of the said City and County, the keepe whereof shall keep such person in safe custody until the debt ( r damages and costs shall be paid, or he is thence discharged by due coursaof law; and the Mar- shal so conveying any such person shall deliver to the keeper of such gaol the execution bn virtue of which the commitment is made; provided that no petson so committed shall be liable to be detained more than one Bay for every two shillings of the debt or damages and costs ranuired by such execution to be levied, or more than fifty dayswn the whole, if the amount ex- ceed five pounds, and every person so committed shall be entitled to his discharge at the/expiration of such time; provi- ded also, that notwithstanding such discharge; of the defendant, the judgment upon which sucp execution issued shall remain good against the property of Ime defendant, and a new execu- tion may be issued against hi^ property in like manner as if he had not been imprisoned. 24. The jurisdiction and Authority of the said City Court, and the practice, forms, and modes of proceeding therein, (save and except as the same are fterein altered, regulated and pro- vided,) shall be and remain the\ame as heretofore established, used, and allowed, and in addition thereto the jurisdiction and authority of the said Court shall extend to actions against bail on any limit bond in a siit in the said Court, notwith- standing the penalty of the saidwond may exceed five pounds. 25. Whenever in any of the J aforegoing provisions, words importing the singular numbenor the masculine gender are used, yet the said provisions snail be understood to include several matters as well as one niatter^ and severaf persons as well as one person, and femalel as well as males, and bodies cor|)orate as well as individuals,Binless it be otherwise specially provided, or there be something in the subject or context repug nant to such construction. 26. The Fees in Actions ii the said City fiourt for the Alderman, Common Clerk, a'm Marshals, shall be taxed and allowed according to the foUov ing Table, and not otherwise, that is to say : — » I 13 V c 15] SAINT JOHN. 157 TABLE/OF FEES. To thaAldeirman. Every Judgment, two shillings and six penre ; every Oath out of Court, one shilling ; elery Order out of Court, one shil- ling and six pence. To the Cohmon Cleric. Summons, eight pence; each Vopy, four pence; Attachment, eight pence; each copy, four penee; each Oath, six pence^not more than two to be taxed for wimesses on a trial ; Subpoena and Ticket, eight pence ; each adcttional Ticket, four [jence; Venire, eight pence; Execution, eiaht pence; each Certificate, one shilling; each Adjournment, onfe shilling; copies of Papers per folio of one ^^undred words, six pence; Return to an Order of review, five shillings. To the MaMal. Executing a Summons, one shilling; an Attachment, one shilling and six pence; an Execiiion, two shillings and six pence; attending Court on trial on hearing, six pence. Witnesses aud Jurors. The same Fees as are now allohved in civil actions before a Justice of the Peace; but no w tness's fees to be taxed for any party, unless it shall appear paid the same to such witness. 27. This Act shall commence day of June in the present year! on oath that he has actually nd take effect on the first 13th Victoria — Chapter 15. An Act further to alter and amend the Act to provide for the erection of an Alms House and Work House, and to establish a Public Infirmary iu and for the City and County of Saint John. Section. Section. 1. Comraissinners to be under Sessions. 3. Magistrates may visit Alms House. &.«. 2, Wot to receive compensation, &c. Passed 26th Jjnil ] 8.50. Be it enacted, &fc. — I. The Commissioners of the Alms House and Work House for the City and County of Saint John, heretofore appointed or hereafter to be appointed under the provisions of an Act made and passed in the first year of the 158 SAINT JOHN. [13 V c 19 Reign of Her present Majesty, intituled An Act to provide for the erection of an Alms House and Work House, and to establish a Public Infirmary in and for the City and County of Saint John, shall be subject to the order and control of the General Sessions of the Peace for the City and County of Saint John, in the same manner and to the same extent as any overseers of the poor in any Parish in this Province now are subject to any order of the General Sessions of the County to which such Parish may belong ; and the provisions of the second section of an Act made and passed in the ninth year of the Reign of Her present Majesty, intituled An Act relating to County and Parish Officers in the City and County of Saint John, shall be extended to and are hereby declared to apply to the said Commissioners of the said Alms House and Work House in the same manner as if the said Commissioners were Parish or County officers appointed by the Justices of the Peace for the City and County of Saint John. 2. None of the said Commissioners shall receive any com- pensation or allowance directly or indirectly for his services as such, nor shall any of them be capable of holding any office, place, or employment in, about, or connected with the said Alms House and Work House, for or by means of which any salary, fee, emolument, compensation, or perquisite can be derived, nor shall any Commissioner either by himself or his partner be engaged or interested in any way whatever, either as security or otherwise in any contract for or on account of the said Alms House and WorlfHouse, or in furnishing any supplies, goods, materials, provisions, or articles whatever for the use thereof. 3. All the Magistrates in and for the City and County of Saint John shall have the right to visit the said Alms House and Work House for any purpose connected with the good management of the same, and shall have full power and autho- rity to examine and inspect all the details of management and indoor economy of the same, and also into the character, con- duct, and employment of each and every of the inmates. 13th Victoria — Chapter 19. An Act for the regulation of the South Bay Canal. Section 1.— Commissioners of Highways to control Canal. Passed 26iA April 1860. 14 V C 7] SAINT JOHN. 159 Whereas a Canal has been formed for the passage of Boats, Timber, Rafts, and other craft and conveyances to and from the South Bay and River Saint John, and it becomes necessary to have the same kept open and clear of obstructions, that it may be more available for public use ; — Be it therefore enacted, &fc. — 1. The Commissioners of Highways for the Parish of Lancaster appointed annually by the Court of General Quarler Sessions of the Peace for the City and County of Saint John, shall have and are hereby em- powered to have the control, inspection, and supervision of the said South Bay Canal, with authority to compel the removal of timber, or any other thing that may impede the free use and passage of the said Canal, and of Mosquito Cove opposite thereto, in passing and repassing with boats, timber, rafts, or other articles, as fully and amply aqd with the same powers and authority as they the said Commissioners might or could do if the said Canal, and the embankments and appurtjenances thereof, were a portion of a great road on the dry land in this Province, and the said Commissioners were Supervisors of the said great road. 14th Victoria — Chapter 7. An Act to continue and amend an Act for establishing and mainjfaining a Police Force in the Parish of Port- land, in the City and County of Saint John. Section. Section. 1. What Act continued. 3. Portland Police District, how far ex- 2. Justices to act fo,r Police Magistrate, by tended. v^hom appointed. Passed W,ih March 1851. .Be it enacted, &fc, — 1. An Act made and passed in the eleventh year of the Reign of Her present Majesty, intituled An Act for establishing and maintaining a Police Force in the Parish of Portland, in the City and County of Saint John, except so far as the same is hereby altered or repealed, be and the same is hereby continued and declared to be in force until the first day of May which will be in the year of our Lord one thousand eight hundred and fifty six. 2. It shall and may be lawful for the Lieutenant Governor or Administrator of the Government for the time being, by and with the advice and consent of the Executive Council, to 160 SAINT JOHN. [14 V c 10 nominate and appoint from time to time, two or more of the Justices of the Peace for the City and County of Saint John, either one of whom may, during the temporary absence or illness of the Police Magistrate, sit as Police Magistrate at the Police office, and execute the duties of the said Police Magistrate ; and for every day such Justice shall so execute the duties of the said Police Magistrate, he shall receive such sum as may be determined upon by the Commissioners of Police for the said Parish for the time being, not exceeding fifteen shillings per day, to be paid out of the Portland Police Fund, on certificate from the Police Blagistrate of the time during which he may have so performed the duties of Police Magistrate. 3. So much of the fifty second Section of the hereinbefore recited Act as defines th^ Portland Police District, be and the same is hereby repealed, and in lieu thereof, the Portland Police District shall extend and be construed to extend to the whole of the said Parish of Portland. I4th Victoria — Chapter 10. An Act relating to the levying and collecting Rates in the City and County of Saint John. Section. Section. 1. Powers of Police Magistrate as to taxes, 3. What Commissioners may be taxed. ,to whom extended. ' 4. What branch, &c., of Company may be 2. None but Police Magistrate to receive taxed. fees. • Passed 3Mt April 1851. Be it enacted, &fc. — All the powers and authorities given to the Police ftlagistrate of the Parish of Portland by the forty seventh Section of an Act madi" and passed in the eleventh year of the Reign of Her present Majesty, intituled An Act for establishing and maintaining a Police Force in the Parish of Portland, in the City and County of Saint John, to collect fines due from defaultjers to statute labour, shall be and are hereby extonded to the collection and enforcing payment of all other rates, taxes, and assessments made and ordered and recover- able in the said Parish; and all fees and costs attending such collection shall be paid over and applied in the manner pointed out in and by the said Section of the said Act; and no fees or costs shall be recovered by any other Magistrate than the said 14 V C 10] SAINT JOHN. 161 Police Magistrate, for enforcing any such rates, taxes, or assess- ments. 2. It shall not be lawful for any Justice of the Peace, other than the Police Magistrate of Portland, or any other Magis- trate duly sitting at the Portland Police Office, to take and receive any fees or costs, of any nature or kind, for or upon any acknowledgment, proceedings, trial, judgment, or convic- tion of any nature or kind, had before him as a Justice of the Peace within the said Parish of Portland ; provided that nothing herein contained shall extend to fees and costs to be taken by any Justice of the Peace under the provisions of an Act inti- tuled An Act to regulate proceedings before Justices of the Peace in Civil Suits ; and any Justice of the Peace who shall take any costs or fees contrary to the provisions of this Act, shall be deemed and taken to be guilty of extortion, and may be indicted and prosecuted for the same before any Court of competent jurisdiction. 3. Notwithstanding any thing contained in the eleventh and twelfth Sections of an Act made and passed in the eleventh year of the Reign of Her present Majesty, intituled An Act more effectually to provide for the support of a Nightly Watch and Day Police in that part of the City of Saint John lying on the eastern sid6 of the Harbour of Saint John, and for lighting the same, as also for other purposes, the real and per- sonal property and estates of all joint stock Banking and Insu- rance Companies shall be liable to taxation for the purpose of the said last recited Act, in the mode pointed out in and by the second Section of an Act made and passed in the thirteenth year of the Reign of Her present Majesty, intituled An Act to consolidate and amend the Laws relating to the local govern- ment of Counties, Towns, and Parishes in this Province. 4. The stock of any branch or agency of any joint stock Banking Company or Corporation, may be assessed to the extent of the amount of stock owned in this Province, under the provisions of the said last recited Act, notwithstanding the principal place of carrying on the business of the said Corpo- ration may not be within this Province, and notwithstanding such stock may be a part of the capital stock of any Corpora- tion whose principal place of business may not be within this Province. 11 162 SAINT JOHN. [14 Veil, 14 14th Victoria — Chapter 11. An Act relating to the Navigation of the River and Har- bour of Saint John. Section 1, — What Mills exempted from a certain Act. Passed 30 terest. Passed ISth Febrmry 1852. Whereas the want of Piers, Slips, and Wharves, for the accommodation of sea-going Stean}ers resortingtothe Harbour of Saint John, is severely felt, and is highly injurious to the trade of the City of Saint John ; — Be it therefore enacted, ifc. — 1. It shall and may be lawful for the Mayor, Aldermen, and Commonalty of the City of Saint John, notwithstanding any thing contained in an Act made and passed in the ninth year of Her present Majesty's Reign, intituled An Act relating to the Public Debt of the City of Saint John, and notwithstanding anything contained in ar» Act passed in the third year of Her present Majesty's Reign, intituled An Act to limit the extent and regulate the building of Wharves on the eastern side of the Harbour of Saint John, to contract and agree with able and sufficient workmen for the laying out, erecting, and finishing, on the lots and parcels of land, beach, and flats hereinafter described, at or near Reed's Point in the City and Harbour of Saint John, such slips, piers, wharves, and jetties as may seem to them most suitable and proper for the accommodation and safety of steamers and other vessels resorting to the Harbour of Saint John, for such sums of money not exceeding seven thousand five hundred pounds, and upon such a plan and of such construction as may be best adapted to the said object. 2. AH that certain lot, piece, or parcel of land, beach, and flats situate and being at Reed's Point in the City of Saint John, and bounded and described as follows, that is to say — Commencing at a point on the prolongation' westwardly of the southern line of Main Street, at the distance of eighty feet eastward of where the same is intersected by the prolongation of the eastern line of Prince William Street, thence south- wardly at right angles to Main Street one hundred feet, thence westwardly parallel with the line of Main Street four hundred and eighty feet, thence northwardly ono hundred feet to the pro- longation of the said south line of Main Street, thence east- wardly to the place of beginning ; and also all that other piece or parcel of land, beacb, and flats situate as aforesaid. 15 V C 11] SAINT JOHN, 165 and bounded and described as follows, viz: — Commencing at a point on the prolongation on the northern line of Main Street at the distance of eighty feet eastward of where the same is intersected by the prolongation of the eastern line of Prince William Street, thence running northwardly parallel with the line of Prince William Street two hundred feet or until it intersects the prolongation of the south line of Britain Street, thence crossing Britain Street keeping the same course to the distance of twenty five feet to the northward of the northern line thereof, thence westwardly one hundred and fifty feet or until it intersects t!he prolongation of the western line of Prince William Street, thence northwardly along the prolongation of the west line of Prince William Street to the intersection of the prolongation of the northern line of Saint James Street, thence westwardly along the northern prolongation of Saint James Street two hundred and ninety feet from the west line ef Prince William Street, thence southeastwardly in a direct line towards the westernmost end of the first described piece ef ground two hundred and twenty feet, thence in a south- eastwardly direction three hundred and thirty feet or there- abouts to a point one hundred feet westward of the prolonga- tion of the northern line of Main Street, where the same is intersected by the prolongation of the western line of Prince William Street, thence eastwardly along the prolongation of the northern line of Main Street two hundred and forty feet or thereabouts to the place of beginning, shall be and they are hereby declared to be vested in the Mayor, Aldermen, and Commonalty of the City of Saint John, for the uses and pur- poses of this Act and none other. 3. The said Mayor, Aldermen, and Commonalty of the City of Saint John are hereby authorized and empowered, not- withstanding any thing in the said recited Acts contained, to borrow such sums of money as may be required for the erecting, constructing, and completing the said works and improvements, not exceeding in the whole the sum of seven thousand five hundred pounds, to be paid off and discharged in manner hereinafter provided. 4. The said sum of seven thousand five hundred pounds shall be taken in loans of not less than one hundred pounds, and Debentures in the following form, or to that effect, 166 SAINT JOHN. [15 V c 11 shall be prepared and delivered to the persons from whom such loans shall be obtained, viz : — Number — — City of Saint John. This certifies that \money lender] hath lent to the Mayor, Aldermen, and Commonalty of the City of Saint John, the sum of one hundred pounds currency, which sum is payable to him or his order, together with interest at and after the rate of per cent, per annum, pursuant to an Act of Assembly passed in the fifteenth year of the Reign of Her present Majesty, intituled An Act to provide for the erecting and making certain Wharves and improvements in the Harbour of Saint John. — Dated the day of A.D. 185 . By order of the Common Council. [L.S.] C. D. Common Clerk. A. B. Mayor. Which same debentures shall be sealed with the Common Seal of the said Corporation, and signed by the Mayor apd Common Clerk, shall be consecutively numbered according to the times at which the same shall be issued ; and a record of the same shall be entered by the Clerk in the Minutes of the said Corporation. 5. The said debentures so to be issued under the provisions of this Act shall be negotiable in the same manner as pro- missory notes ; and the holders thereof shall be entitled to receive interest upon the same semi-annually, at a rate not exceeding six per cent, to be paid by the Chamberlain of the said City out of the funds hereinafter provided. 6. All rents, wharfage, slippage, top-wharfage, dockage, cranage, and issues and profits whatever arising from the said wharves, piers, jetties, slips, and docks, and other erections and improvements made, laid out, or constructed under the provisions of this Act, or issuing out of or derived from the said beach and flats hereinbefore described, or the appurte- nances thereof, shall be receivable by and paid to the Chamber- lain of the said City by the lessors thereof, or by any persons owing such rents, issues, or profits of the said premises described in this Section, or by any wharfinger or collector of wharfage, slippage, or dockage who may be appointed to receive the same ; and the said Chamberlain shall keep a separate account of all sums of money so by him received. ISVc'll] SAINT JOHN. 167 distinct from all other moneys in his hands as such Chamberlain, which account shall be by him exhibited and shewn to the holder of any debenture issued under the provisions of this Act, on reasonable demand for that purpose made. 7. The moneys so received by the said Chamberlain shall be from time to time applied, after discharging the yearly interest due upon the said sums mentioned in the said debentures, in paying off the said debentures in due order according to their number, beginning with number one ; and the said Chamber- lain, so often as he shall be desired by the Common Council, shall give one month's notice by advertisement in one of the public Newspapers of the said City, for calling in such and so many of the said debentures as the said Common Council may be prepared to pay off, specifying the number thereof, and the same shall pay off accordingly, and from and after the ex- piration of the time appointed by the SEtid notice the interest on such debentures shall cease. 8. After the amount due upon the debentures issued under this Act, and all interest due thereon, shall be fully paid and satisfied, all the net rents, issues, and profits arising from the said lands hereinbefore described, and all erections thereon, shall be applied in payment of the public debt of the said City of Saint John. 9. The said land, beach, and flats hereinbefore described, with all wharves and erections to be built and placed thereon, and their appurtenances, shall be exempt from all taxes, rates, and assessments whatever, and shall not in law or equity be liable to or be levied upon or taken in execution and sold for the debts of the Mayor, Aldermen, and Commonalty of the City of Saint John, or any person whatever ; provided always, that nothing herein contained shall be held or taken to exempt the said lands and improvements thereon from any claims or lien in equity or at law which the holders of the said debentures issued under this Act may have thereupon, ujjtil the payment of all moneys raised by virtue of this Act. 10. All moneys loaned to the Corporation under this Act shall be paid by the lenders thereof to the Chamberlain, and shall be paid out by him to the contractors or workmen who shall build the wharves and other erections to be made under this Act, on orders to be made by the Common Council. 168 SAINT JOHN. [15 V c 11 11. And whenever it may become necessary, in order to the full completion of the improvements in the said harbour con- templated by this Act, to extend Britain Street westwardly to a junction with the said wharves or any of them, the Mayor, Aldermen, and Commonalty of the City of Saint John are therefore hereby authorized and empowered to extend Britain Street westwardly, preserving the same breadth, to the said wharves or piers, or any of them ; provided always, that the said street shall not be extended through any property without the consent of the owner or owners thereof, or without agreeing with such owner or owners, and paying to him or them the value of the property so required for such extension. 12. In case the said Common Council cannot agree with any owner or owners of such property so required, the Mayor of the said City shall issue his warrant to the Sheriff of the City and County of Saint John, requiring him to summon a jury of twelve disinterested freeholders of the said City, who shall set and appraise the damages sustained by the owner of property so required for the said street on oath, which oath the said Sheriff is hereby authorized to administer; and the said jury shall also inquire and return in their verdict who are the owner or owners to whom such value and damages shall be paid. 13. The said Sheriff in holding such inquiry shall be entitled to the same fees and shall have all the powers, jurisdiction, and authority vested in him in the executing any writ of inquiry issuing out of the Supreme Court ; and the said jury in asses- sing such damages are authorized to take into consideration the advantages which may accrue to the owner of such land so taken, by the extension of such street, in diminution of such damages, and the amount so assessed shall be returned with the name of the owner or owners of such land so taken. 14. The amount so assessed shall be paid to the owner or owners returned in such verdict, and upon payment thereof by the said Corporation, or upon tender and refusal thereof, the said Corporation shall be fully authorized to extend the said street through such land in the same manner as if the owner had consented thereto. 15. All moneys which may be required for the extension of the said street shall be paid by the Chamberlain of the said City, together with all costs and expenses which may be therein 15 V C 12} SAINT JOHN. 169 incurred, out of the moneys to be raised by virtue of this Act, by orders of the Common Council upon the Chamberlain. 16. In case any deficiency shall exist between the net annual income arising from the said wharves and improvements erected and made under this Act, and the annual interest due upon the said debentures, in any such case it shall and may be lawful for the said Mayor, Aldermen, and Commonalty of the City of Saint John, in Common Council convened, and they are hereby required to order an assessment of such sum of money on the eastern side of the harbour of the said City, as shall amount to and make up such deficiency, and every such assessment shall be assessed, levied, and raised agreeably to the several Acts now in force or hereafter to be in force for assessing, levying, and raising County, Town, or Parish rates, and when collected shall be paid into the hands of the Cham- berlain of the said City, to be applied to the sole purpose of payingolf such deficiency of interest ; provided thai no greater sum than four hundred and sixty pounds, with the costs and charges for levying and collecting the same, shall be levied in any one year under the authority hereby given. 15th Victoria — Chapter 12. An Act to continue and amend an Act intituled An Act for the better extinguishing of Fires which may happen in the City of Saint John. Section. Section, 1. What Section repealed. 3. Chiimberlain, liow to keep Accounts. 2, Repealed. ' 4. Continuance of Act. Passed ]8lh February 1852. Be it enacted, if€. — 1. The eleventh Section of an Act passed in the thirteenth year of the Reign of Her present Ma- jesty, intituled An Act for the better extinguishing of Fires which may happen inihe City of Saint John, is hereby repealed. 2. Repealed by 17 V. c. 6, s. 1. 3. The Chamberl'ain shall keep a separate and distinct ac- count of all moneys received) by him in respect of the said as- sessment, and shall apply and appropriate the same from time to. time upon the orders of the Common Council, and as they shall direct, for the purposes a^foresaid, and shall in every year make out a full, complete, and detailed account under oath, to 170 SAINT JOHN. [15 V c 15 be taken before a Justice of the Peace, made up to the thirty first day of December, with vouchers of moneys received and paid by him on the said account, and shall, without delay, thereafter file such account and vouchers in the Common Clerk's office. 4. This Act and the said recited Act, except so far as the same is hereby altered or repealed, shall continue and be in force until the first day of May which will be in the year of our JiOrd one thousand eight hundred and sixty. 15th Victoria — Chapter 15. An Act for the better extinguishing of Fires which may happen in the Parish of Portland, in the County of Saint John. Section. Section. 1. iPirewards to appoint Firemen. 3. Possession of stolen, &c. articles at fire, 2. Also hook ana ladder company, and when deemed larceny. police ; duties. 4, AVho may order building to be pulled ■down -at fire. Passed \8th FehriMry 1862. Be it enacted, &fc. — 1. The Firewards of the Portland Fire District as now or hereafter to be defined, may appoint any number of firemen, not exceeding sixty for each engine, in the manner directed by the sixth Section of the Act of Assem- bly passed in the thirteenth year of the Reign of Her present Majesty, intituled An Act to consolidate and amend the Laws relating to the local government of Counties, Towns, and Parishes in this Province. 2, The said Firewards may appoint a company of hook and ladder men for the said Portland Fire District, not exceeding twenty men, who shall be entitled to the same privileges as firemen, and may establish regulations for their guidance atid control ; and may also nominate suitable persons to form a fire police for the said Parish, and submit their names from time to time to the Justices of the Peace in Sessions for confirmation; and on a fire breaking out, the fire police shall immediately repair to the place where the fire may be, and protect all property which may be either removed or being removed to preserve the same from destruction or damage; and for that purpose shall and may, within the fire district, have full power to enter any house, or on any lands 15 V C 15] SAINT JOHN. 171 and premises connected therewith, and prevent all depredations thereon, and arrest or remove and convey to the common gaol, or any watch house, or police station, or other place of con- finement, any person who may be found committing or attempt- ing to commit any felony or any breach of the peace, or any idle or disorderly person, or any person who shall intermeddle with any such property, or shall refuse when required to assist either in carrying water or obeying any other command of such fire policeman, or other person having authority for the purpose of extinguishing the fire or preserving property ; and anyone or more of the said fire policemen, taking with him or them a Justice of the Peace for the City and County of Saint John, may enter any dwelling house, store, out house, or erection of any kind, or any yard or other land and premises, and search for goods and chattels or articles of any description, stolen or suspected to have been stolen at or during the con- tinuance of the said fire, or missing in consequence of such fire ; and the said goods and chattels or articles to convey or cause to be conveyed to some safe place of deposit, or to leave the said goods with the said Justice or any other Justice, to be dealt with according to law ; and the said fire policemen to remain in office during the pleasure of the Justices in Session. 3. Whenever it shall appear that any person has had in his possession any goods, chattels, or articles of any description whatever, which may have been stolen, missing, lost, or taken away at any fire within the fire district, or after any fire, and before the same has been restored to the owner, for the space of forty eight hours after the said fire shall cease, without giving notice to the owner thereof, or to a Justice of the Peace, or to a fire policeman, such possession, without notice, shall be deemed prima facie evidence that such person has been guilty of larceny, and on conviction thereof shall suffer punishment as in case of larceny. 4. Whenever it shall be determined at any fire by a Justice of the Peace for the City and County of Saint John, with any Fireward, to be necessary to pull down or otherwise demolish any building to stop the progress of any fire, the same may be done by their joint order ; and all persons present, if required by the said Justice or Fireward, shall be aiding and assisting thereat. 172 SAINT JOHN. [15 V c 16 J5th Victoria — ChapteH 16. An Act to provide for the erection of a Building for a Registry Office in the City and County of Saint John. Section. Section. 1. Land for Registry Oifice by whom may 3. Assessment to pay same, how made. be purchased, aad For what purpose. 4. AssesRments, by whom disbursed. 2. What sum may be borrowed, and by 5. Treasurer's compensation, whom. '6- Repeal of Act. Passed I8th February 1852. Be it enacted, fyc. — 1. The Justices of the Peace of the City and County of Saint John, at any General Sessions, or any Special Sessions for such purpose to be called, shall by them- selves or by any committee for that purpose appointed, provide, and if necessary, contract and agre« with any person or per- sons for the purchase of a lot or piece of land in the City of Saint John, and for the erection of a suitable building of stone or brick thereon, vpith a proper safe, and the same shall be wsed for the keeping and preserving the records, books, and papers of the Registry office of the sf>id City and County ; and any conti-act for this purpose may be entered into by the name of " The Justices of the Peace for the City and County of Saint John," and may be enforced by the said Justices at law or ■equity by the name aforesaid. 2. For the purpose of defraying the charges and expenses of the same, the Justices at the same or any other General Sessions, or Special Sessions to be called for that purpose, may order or direct from time to time a sum or sums of money to be borrowed, not exceeding eleven hundred pounds, to be paid and discharged in the manner hereinafter mentioned, the same to be taken in loans of not less than one hundred pounds each, the interest to be paid semi-annually, namely, on the first days •of January and July in each year, and debentures in the following form, or to the same effect, shall be prepared and de- livered to the persons from whom such loan may be obtained, namely.: — Number Registry Office Debenture. City and County of Saint Joha, to-wit. These are to certify that [^here insert the name, residence, ^nd addition of lender^ hath lent and advanced to the Justices of the Peace for the said City and County, the sum of pounds currency, which sum is payable to him or his order, 15 V C 16] SAINT JOHN. 173 together with lawful interest, the interest to be paid half yearly on the first days of January and July in each and every year, pursuant to an Act of Assembly passed in the fifteenth year of the Reign of Her Majesty Queen Victoria, intituled An Act to provide for the erection of a Building for a Registry Office in the City and County of Saint John. — Dated the day of A. D. 185 . By Order of the Sessions. G. W. Clerk of the Peace. A. B. Mayor or Recorder. Which same debentures shall be signed by the Mayor of the City, or in his absence, by the Recorder, and countersigned by the Clerk of the Peace, and shall be respectively and consecu- tively numbered according to the time at which the same may be made and signed, and a memorandum thereof shall be- duly entered by the Clerk in the Minutes of the Court ; and the same shall be negotiable as promissory notes, and be en- titled to draw interest thereon half yearly on the first days of January and July in each and every year, and shall be paid out of the assesStnent hereinafter mentioned. 3. The Justices in General Sessions shall make a rate or assessment of a sum not exceeding two hundred pounds the- present year, and of a like sum in each succeeding year, be- sides the charges for assessing and collecting, for the purpose of discharging the interest due on the said loans, and so much of the principal as the residue of such annual sum will amount to, until the same shall be paid off; the same to be assessed, levied, collected, and paid in such proportion and in the same manner as any other Coutity rales for public charges, by virtue of any Act or Acts made or to be made for that purpose. 4. The money so to be assessed as aforesaid, shall be paid to the County Treasurer, and shall be applied by him, on the orders of the said Justices in Session, towards discharging the interest due on the said debentures, and to the payment of the principal sums in due order according to the numbers, begin- ning with the number one, on one calendar month's notice by advertisement in one of the City Newspapers, calling in such and so many of the said debentures as he may by the said order be directed to pay off, after the expiration of which notice all interest thereon shall cease. J74 SAWT JOHN. [15 Vc 18, 62 5. The County Treasurer shall be entitled to one per cent, for his services in receiving and paying the said money to be assessed under this Act, and no more. 6. The Act passed in the ninth year of her present Majesty's Reign, intituled An Act to provide for the safe keeping of the Public Records of the City and County of Saint John, be and the same is hereby repealed. 15th Victoria — Chapter 18. An Act relating to the Public Wharves in the Parish of Portland, in the County of Saint John. Section 1. — Commissioners of Highways, authority over wharves, &c., in Portland. Passed \%lh February 1852. Whereas the great increase of business and travelling has rendered it necessary that all the public Wharves in the Parish of Portland should be laid out and established as public high- ways, and recorded as such, and thereby power given to the Commissioners of Highways for the time being to keep such public Wharves free from obstructions ; — Be it therefore enacted, &fc. — 1. It shall and may be lawful for the Commissioners of Highways for the time being, in and for the Parish of Portland, to lay out, record, and establish all public wharves and the approaches thereto in the said Parish, as public wharves and approaches, and to keep them at all times free from obstructions, and shall have the same power and authority in respect thereof as is by law vested in them in respect of any other public highway ; provided always, that such wharves and approaches shall not be of a less width than twenty feet, any law to the contrary notwithstanding. 15th Victoria — Chapter 62. An Act to amend and explain an Act to permit the estab- lishmenit of a Fish Market in one of the public Shps in the City of Saint John. Section 1.— What Act not to authorize filling up slip, to what extent, &c. Passed 7th Jpril 18S2. Whereas an Act was passed in the fourth year of Her Majesty's Reign, intituled An Act to permit the establishment 15 V C 62] SAINT JOHN. 175 of a Fish Market in one of the public Slips in the City oj Saint John : And whereas doubts have arisen whether the said Act authorizes and empowers the Mayor, Aldermen, and Com- monalty of the City of Saint John entirely to occupy and fill up with erections and buildings the said public slip, and thereby deprive the owners or occupiers of the lots or parcels of land having fronts on the north and south sides of the said public slip, as well as all other of Her Majesty's liege subjects, of all access to and through the said public slip and to the said lands and premises on the side lines thereof, and likewise to the harbour, to the inconvenience of the public and the great loss and detriment of the owners and occupiers of the said lots or parcels of land ; — Se it therefore enacted, fyc, — 1. Nothing in the said recited Act contained does extend or shall be deemed or construed to extend to authorize or empower the Mayor, Aldermen, and (commonalty of the City of Saint John to occupy and fill up the said public slip at the foot of Duke Street with any fence, erection, or building, or incumbrance of any nature or descrip- tion, extendingin width on Saint John or Water Street, across the whole breadth or mouth of the said public slip ; or to legalize any fence, erection, or building now made and erected or hereafter to be made and erected across the mouth of the said slip other than the Fish Market first erected under the provisions of the said recited Act, fronting twenty eight feet on Saint John or Water Street, and extending the same width westwardJy, and the wharf and erections in the rear thereof to the westward of the said Fish Market, of the same width as such, market ; or to authorize and empower the Mayor, Aldermen, and Commonalty of the City of Saint John to erect or place any buildings, sheds, or erections in the said public slip between the north and south side lines of the Fish Market so first erected as aforesaid under the authority of the said Act, and such prolongation thereof westwardly, and the said north and south side lines of the said public slip respectively ; or to legalize or authorize any erection now placed or here- after to be placed between the said north and south side lines of the said Fish Market so first erected and the said prolonga- tion thereof westwardly, and the said north and south side lines of the said public slip ,' provided always, that nothing 176 SAINT JOHN. [15 V c 63 herein contained shall prevent or be construed to prevent the Mayor, Aldermen, and Commonalty of the City of Saint John, (if essentially necessary for the purpose of a Fish Market) from extending and enlarging the said Fish Market so first erected under the authority of the said recited Act, by lengthening or extending the same to the westward, preserving the same width as when first erected, in such manner as from time to time may be necessary for further public accommodation as a Fish Market, always reserving and keeping open for public use the passages on the north and south sides of said building, and on the north and south lines of the properties so bounding on said slip respectively ; provided also, that nothing in this Act contained shall hinder or prevent the Mayor, Aldermen, and Commonalty of the City of Saint John from removing from and out of the said slip all or any erection made by them in the said public slip under the provision of the said Act, intituled An Act to permit the establishment of a Fish Market in ofie of the public Slips in the City of Saint John, or to pre- vent the said Mayor, Aldermen, and Commonalty from making any arrangement with the owners of the property on the north and south sides of the said slip with respect to the space l^el^ween the said properties and the said Fish Market, and the prolongation of the same, which space is by this Act to be l,^ft open, 15th Victoria — Chapter 63. An Act in addition to an Act intituled An Act for the better extinguishing of Fires which may happen in the parish, of Portland, in the County of Saint John. , '. , Sectlun 1. — Firemen, &c., further exemptions, what allowed. . Passed Tlh April 1852. Be it enacted^ ^c. — 1. Every person appointed a fireman, or hook and ladder man, in the Portland Fire District, as now or hereafter to be defined in the County of Saint John, during his continuance in such office and no longer, in addition to the privileges and exemptions allowed by law, shall also be freed and exempted from payment of any assessment made on him for County or Parish rates or taxes, or for the purposes of the l^mp, pqlice, and fire department in the said Parish of Port- 16 V C 7| SAINT JOHN. 177 land, provided that such exemption shall not in any individual case exceed twenty shillings in any one year. 16th Victoria — Chapter 7. An Act to continue and amend an Act more effectually to provide for the support of a Nightly Watch and Day PoUce in that part of the City of Saint John lying on the eastern side of the Harbour of Saint John, and for lighting the same, as also for other purposes. Section. Section. 1. Nightly Watch Act continued. 4. Fines, to whom to be paid. S. When asseBsmeni may be made under. 5. Wages of Superintendent! &c.f by whom 3. Certain Sections of what Act with what fixed, incorporated. Passed lilh April 1SS3. Be it enacted, SfC. — 1. An Act made and passed in the eleventh year of the Reign of Her present Majesty, intituled An Act more effectually to provide for the support of a Nightly Watch and Day Police in that part of the City of Saint Johif, lying on the eastern side of the Harbour of Saint John, and for lighting the same, as also for other purposes, (except so much thereof as is repealed by the twelfth Section of an Act made and passed in the twelfth year of the Reign of Her present Majesty, intituled An Act in further amendment pfthe Charter of the City of Saint John,) be and the same is hereby continued in full force for five years from the first day of May next. 2. The assessment to be made under the said Act maj be made at any time in every year prior to the tenth day of Ma,y. 3. The fifth, sixth, seventh, and thirteenth Sections of an Act made and passed in the seventh year of the Reign of His Majesty King William the Fourth, intituled An Act to provide for the collection of County and Parish Rates,* be and th« same are hereby continued and incorporated with the Act hereby continued, and the provisions contained therein shall be held to apply to and be in force in respect of any assessment ordered and made by the Mayor, Aldermen, and Commonalty of the City of Saint John, under the said Act so hereby con- tinued, and any proceedings taken under such assessment. 4. AH moneys received for fines or penalties levied in any case in which the Police Magistrate shall sit alone, or with any 12 178 SAINT JOHN. [l6Vc7 other Magistrate at the Police Office of the said City, shall be once in each and every month paid to the Chamberlain of the said City, to the use of the Watch and Police Fund, any thing to the contrary thereof in the law imposing such fine or penalty notwithstanding. 5. The rate of wages of the Superintendent and Policemen shall be fixed and established by the Common Council, not- withstanding any thing to the contrary in any law contained. * The following are tht Sections of Act 7 ^- 4. c. t. incorporated by the above Act into the Act 11 F. c. \3 ;— 5. There shall be allowed to the assessors and collectors respectively in the several Towns and Parishes, such compen- sation or fees for their services as the Justices of the Peace for the several Counties shall, at their General Sessions at which each respective assessment is ordered, deom reasonable, and then and there order and establish ; provided always, that no assessors shall in the whole be allowed at a greater rate ■ than five per cent, and no collector at a greater rate than ten per cent, on the amount ordered to be assessed ; provided also, that no assessor shall be allowed a per centage unless the provisions of the second Section of this Act shall have been fully complied with, and no collector shall be allowed a per centage on any greater sum than he may actually collect and pay over, nor be entitled to receive such per centage until he shall have collected the whole amount mentioned in the precept • to him directed, or assigned sufficient reasons, satisfactory to the Sessions, for not collecting the same, nor until such col- lector shall have rendered a full account, shewing the amounts received and paid by him, and a correct list of all the defaulters in his district, as is provided in and by the thiid Section of this ' Act. 6. A sum equal to the per centage on the several amounts ordered to be assessed as aforesaid, shall be included in every assessor's warrant, for defraying the expenses of assessing and collecting', and when collected shall be paid into the hands of the respective County Treasurers for the purpose of paying the assessors and collectors, as the Justices may by their order ' ill Sessions from time to time direct. ' ' 7. And whereas it is difficult in most cases for the assessors 16 V C 8] SAINT JOHN, 179 to af»portion the rate or assessment to be made by them, so that the total amount thereof shall correspond with the exact sum ordered to be assessed;- — In all assessments .for Town or Parish rates, now made or hereafter to be made, such assessment shall be deemed and taken to be legal, although the aggregate amount thereof shall exceed the sum ordered to be assessed ; provided the difference shall not be more than ten per cent, on the sum so ordered. 13. When any Clerk of the Peace, Assessors, or Collector may have neglected to perform any of their said duties within the time prescribed by this Act, it shall nevertheless be lawful for such Clerk, Assessors, or Collectors to perform such duty after the time so prescribed, and all such subsequent proceed- ings shall be held and deemed good and valid to all intents and purposes as if done within the said prescribed period. 16th Victoria — Chapter 8. An Act relating to the Fire Police of the City of Saint John. Bection. Section. !.■ Fire Policemen, powers to what ex- 2. Injuring Fire Engines, &c. wliat crime, tended. Passed \ith Apiil 1853. Be it enacted, fyc. — 1. The fire policemen of the City of Saint John, in addition to the powers given them by the seventh Section of an Act made and passed in the thirteenth year of Her present Majesty's Reign, intituled An Act for the letter extinguishing of Fires which may happen in the City of Saint John, shall also have full power and authority, on the breaking out of fire within the City, to order and direct persons present to form lines for the passing of water or otherwise, as may be necessary, and to prevent any persons interfering with such lines, and to prevent persons passing through or across any street, alley, or highway, in the vicinity of the fire, and to keep persons at a proper distance therefrom, and to give orders and directions as to the employment of the people present, for the purpose of extinguishing the fire, or preserving property, or protecting the engines, hose, and other fire apparatus, and for such purposes to extend chains or ropes along, through, or across such streets, alleys, or highways; and any person obstructing or opposing or assaulting a fire policeman in the 180 SAINT JOHN. ([leVcO- discharge of his duty, or using violent, abusive, or insulting language to a Rre policeman, shall forfeit and pa^y a sum not , exceeding ten pounds, to be recovered before the Police Magis- trate of the City, in the same manner and to the same effeot as any other pecuniary penahy may be recovered before sucb Magistrate. 2. If any person shall at any time or place whatsoever, wan- tonly or maliciously spoil, break, injure, damage, or render useless any engine, or any of the hose, materials, or apparatus .belonging to the engines, or used for the purposes of the^ire Department, be shall be guilty of felony. 16th Victoria— Chapter 9, An Act to restrain the going at large of Dogs within the City of Saint John. Section. Section, 1. Common Council may make bye lawa as . 2. What Act repealed, tu tax ou Dogs, &c. •Passed I 'kh iJpril 1853. Be it enacted, fyc. — 1. The Common Council of the City of Saint John, by any bye laws may impose a tax on dogs, to be levied yearly upon persons owning or keeping dogs within the fCity, not exceeding five shillings for each dog, and to be levied, paid, and applied and appropriated as may be directed by such bye laws, and to restrain, licence, regulate, or entirely prevent dogs going at large within the City, under such restrictions, regulations, and conditions as the Common Council may direct, and to order the destruction of dogs going at large contrary to the provisions of such bye laws, and to impose reasonable penalties and forfeituresfor any breach thereof; provided that no such penalty shall exceed forty shillings for each offencei and that no person shall be obliged to pay more than five shil- lings annually for any one licence granted under the provisions of this Act. * 2. An Act passed in the forty first year of the Reign of His Majesty George the Third, intituled An Act for the further and better support of the Poor in the City of Saint Johfi,i3 ihereby repealed. leVclO] SAINT JOHN. 181 16th Victoria — Chapter 10. An A!ct relating to the Public Debt of the Gitj of Saint John. Section. Section. 1. What sum of public debt cbargeoble on 5. What Corporation may retain on west weBt side of harbour. Residue, on side. what. 6. On payment of public debt, how revenues 2. Rents of lands on west side, how applied. applied 3. Boundary of common lands on western 7. Costs of ^uit, how apportioned. side of harbour. 8. Trust Deed, when not to be used. 4; Application of City revenues on eastern 9. Carleton, when exempt from assessment, side of harbour. Passed I4th April 1853. Whereas a suit is now pending in the Court of Chancery in this Province, in which Her Majesty's Attorney General, by and at the relation of John C. Littlehale, Esquire, and others, of Carleton, in the City of Saint John, John M'Lauchlan of the same place, shipbuilder, James Stackhouse, Senior, of the same place, house joiner, Josiah Wetmore, Junior, of the same place, p]squire, and William C. Dunham of the same place, farmer, for and on behalf of themselves and all other the inha- bitants of that part of the City of Saint John called Carleton, are the complainants; and the Mayor, Aldermen, and Com- monalty of the City of Saint John, Hugh Johnston, John Robertson, Alfred Smithers, Thomas Merritt, William Wright, Oeorge Swinnny, and Frederick A. Wiggins, are defendants : And whereas the objects for which the said suit was instituted have been arranged by and between the parties thereto, and by and between the Honorable Robert L. Hazen, the Solicitor of the .«aid complainants, and the Honorable William B. Kinnear, the Solicitor for all the said defendants, excepting the defendant John Robertson, and by Duncan Robertson, Esquire, the Solicitor of the said defendant John Robertson, that the said suit shall be discontinued ; and in or/ler to give effect to the terms, — Be it enacted, ifc. — 1. The sum of twenty thousand pounds, and no more, shall be and is hereby made a charge upon and payable out of the common lands on the west side of the Har- bour of Saint John, as granted by the Charter of the City of Saint John, bearing date the eighteenth day of May in the year of our Lord one thousand seven hundred and eighty five; and the residue of the public debt of the said City of Saint John shall be and is hereby made a charge upon and payable out of 182 SAINT JOHN. [16 V G 10 the common lands on the east side of the Harbour of the said City, as granted by the said Charter, and all other the real and personal estate of the said Mayor, Aldermen, and Commonalty of the City of Saint John, and all other the general revenue and income of the said Corporation, arising from any source whatever, except special grants of the Legislature and funds specially raised and appropriated by law. 2. The Chamberlain of the City shall keep a separate ac- count of the rents, issues, and profits of the common lands of the west side of the harbour, which shall be rendered by him to the Common Council annually on the thirty first day of December, without any charge for the same; the said rents, issues, and profits of the said common lands on the west side of the harbour, after deducting the legal charges incident to the collection of the said rents, issues, and profits, and management of the said lands, shall be applied by the Common Council of the City to the payment of the interest half yearly of the said sum of twenty thousand pounds, or so much thereof as may remain due, ai such rate, not exceeding six per cent, per annum, as shall be paid on the remainder of the said public debt; and the residue of such rents, issues, and profits shall be applied by the Common Council of the City to the sole improvement, benefit and advantage of that part of the City lying on the west side of the said harbour, and of the inhabitants thereof, for ever; provided always, that no appropriation of the residue of such rents, issues, and profits of the said common lands on the west side of the harbour, or of any part thereof, and no order or act of the Common Council for laying out, leasing, or otherwise disposing of any of the said common lands on the west side of the harbour not yet laid out, shall be binding or valid, unless made with the assent of not less than three Members of the Common Council, and representing Wards on the west side of the harbour. 3. The common lands on the west side of the harbour shall extend to the present line of low water mark, and the Common Council of the said City are hereby required, within six months after the passing of this Act, to establish and define by actual survey such line, as the line of low water mark, by such metes, bounds, and marks as shall be most effectual for that purpose, and a just description of such line, and a plan thereof, shall be 16 V C 10] SAINT JOHN. 183 filed in the office of the Common Clerk of the said City, and such line so established shall for ever after be tiie boundary of the common lands on the west side of the harbour. 4. The general revenues of the said City, and aH other sources of income of the said Mayor, Aldermen, and Common- alty of the City of Saint John, and all rents, issues, and profits arising from the sale or other disposal of the said common lands on the east side of the harbour, or from their other real and personal estate, shall be applied as follows, viz: — To the pay- ment of the salaries of the public officers of the said Cily as now established, and all requisite cofitingencies and expenses of management, and also all expenditures necessary to the maintaining and keeping in repair the public i)roperfy of the City, and all other usual and proper exigencies of the public service, and after payment thereof, to the payment half yearly of the interest on the said residue of the said debt not charged on the west side of the said harbour; and the balance, after such payments, shall be applied in liquidation of that portion of the debt charged i-n the east side. 5. The Corporation shall have the right to retain and use, without any charge, such portion of the common lands on the west side, as may be necessary for ferry landings, coal sheds, and other public conveniences for the full accommodation and use of the ferries, and the public resorting thereto. 6. As soon as the public delit now due by the Corporation shall be paid off and satisfied, all their revenues affected by this Act shall be applied as directed by the Charter of the said City. 7. The sum of two hundred and fifty pounds shall be paid out of the general revenues of the City towards the costs, fees, and expenses incurred by the complainants in prosecuting said suit in Chancery, the balance to be paid out of the rents of the common lands on the west side ; the costs, fees, and expenses incurred by the defendants in defending the said suit, shall be paid out of the rents of the common lands on the east side of the harbour and the general revenues. ^ 8. In any action or suit brought or to be brought by the Mayor, Aldermen, and Commonalty of the City of Saint John, for any lands, tenements, or hereditaments to them granted by the Crown, or the rents, issues, and profits thereof, or upon any 184 SAINT JOHN. [16 V c 11 covenant, condition, matter, or thing contained in any lease, grant, deed, or assurance by them made of any such lands, tenements, or hereditaments, no defendant or defendants other than the trustees or mortgagees, or their heirs or assigns, shall be permitted to set up or give in evidence a certain trust deed or mortgage bearing date tho twentieth day of September in the year of our Lord one thousand eight hundred and forty two, and made between the said Mayor, Aldermen, and Com- monalty of the City of Saint John, of the one part, and Hugh Johnston, John Robertson, Alfred Smithers, Thomas Merritt, and William Wright, of the other part, and registered in the Registry office of the City and County of Saint John on the twenty first day of September in the year of our Lord one thousand eight hundred and forty two, or any other deed or conveyance made and executed of the said lands or tenements, or any of them, by any party whatsoever to the said trustees, or either of them, to bar the right of recovery or to defeat the title of the said Mayor, Aldermen, and Commonalty of the City of Saint John, their successors or assigns, in any such action or suit, any law or custom to the contrary notwithstanding. 9. Nothing in the Act made and passed in the ninth year of Her present Majesty's Reign, intituled An Act relating to the PubUc Debt of the Corporation of the City of Saint John, shall be held or taken to authorize any assessment upon the inhabi- tants of Carleton, on the west side of the harbour, unless for the purpose of making good any deficiency which may arise in the payment of the interest made chargeable on the west side by the provisions of this Act. 16th Victoria — Chapter 11. An Act for tbe division of King's Ward, in the City of Saint John, into two separate Wards. Section. Section. 1. Tyellington Ward erected. 4. Tenure of office by Officers of Wellington 2. .With wha't powers. Ward. 3. Blection of Officers for, time when. 5. Common Council, of what composed. Passed Hlh Jpril 1853. . Whereas from the great extent of the present Ward in the City of Saint John, called King's Ward, and from the increase ini the number of the residents therein, it is necessary and 16 Veil] SAIXT JOHN. 185 expedient that the same should be divided into two separate Wards ; — Be it therefore enacted, Sfc. — 1. All that part of King's Ward, in the City of Saint John, which lies to the eastward of a line drawn from a point formed by the intersection of lines drawn through the centre of Union Street and the continuation of a line drawn through the centre of Charlotte Street north- wardly through the centre of Coburg Street and the centre of Garden Street to the City line, is hereby erected into a Ward of the said City, separate and distinct from King's Ward, and shall be called and known by the name of " Wellington Ward ;" and the residue thereof which lies to the westward of the said line shall comprise Kfhg's Ward. 2, The said new Ward shall be entitled to elect and choose one Alderman and one Councillor, who shall be members of the Common Council of the said City, and one Constable for the said Ward, who shall hold their offices respectively for the same term, and have all the powers and be subject to all the duties of the like offices of any other Ward in the said City. 3. The first election of the officers for the said Ward shall be held on the third Tuesday in May next succeeding the pas- sing of this Act ; and the annual election of officers for the said Ward in all succeeding years shall be held on the first Tues- day in April in each and every year, in the same manner and under the same provisions, and the candidates shall have the like qualifications as are now in force, or shall hereafter be in force or required in respect of the elections of the like officers for any other Ward of the said City, by the Charier of the said City, or any Act of Assembly or bye law of the Corporation in that behalf made ; and in case of any vacancy occurring in any of the said offices, under any Act of Assembly now or hereafter to be made, or under the provisions of the Charter of the said City, such vacancy shall be filled up in the like manner as a vacancy occurring in any other Ward in the said City would be filled up under the provisions of the Charter of the said City, or any Act of Assembly or bye law of the said City now in force or hereafter to be made relating thereto, 4; The officers elected for the present King's Ward on the first Tuesday in April in this present year, shall hold office for the sai,d Ward as now defined, until the officers for said 186 SAINT JOHN. [16 V c 37 Wellington Ward shall be elected and sworn ; and the said ofB(!ers for said Wellington Ward, when elected, shall be sworn before the Common Council on the fourth Tuesday in May next, after which time the officers elected for King's Ward shall represent the same as defined by this Act. 5. From and after the election of the said Alderman and Councillor for the said Ward, the Mayor or Recorder, with four or more Aldermen and four or more Councillors of the said City, in place of the Mayor or Recorder, with three or more Aldermen and three or more Councillors of the said Cily, shall be the Common Council of the said City, as provided by the said Charter and the Acts of Assembly in amendment thereof. 16th Victoria — Chapter 37. An Act to amend the Charter of the City of Saint John, and certain Acts of Assembly relating to the local Go- vernment of the said City. Section. Section. 1. Sundry laws repealed. 22. Penalty for illegal voting. 2 Eleiaiun of Mayor, iS:c. 2^1. iiepealof'part. . 3. (Xualitication of voters, &c. ; list of free- Z4. False swearing, what to be guilty of. iiieii, &u. . &•'). Coinntissioner to be also a Justice at 4. Q,ualiiication of Mayor and Aldermen. election. 5. What shitlt disquality. 26. Aldermen, &c , when to be swurn in. - 6. Votes of Electors, bow given. S7. Mayor, wlien and before whom sworn in. 7. Election, before whom conducted. 28 Penalty for refusing office ol Mayor, &c. 8. Notice of holding Elections. S9. Kxtraordinary vacancies of office, buw 9. Commissioners, bow sworn. election conducted. 10. Poll Clerks, how appointed. 30. Special vacancies, by whom declared. 11. Mayor, iScc, how nominated. Sec. 31. Assessments for roads, &c., by whom 12. Commissioner to sort, &c. votes. directed, &c. 13. Poll Clerk, what to enter on list. 32. Commissionersof streets, how appointed.' 14. Votes to be by ballot. 33. Chamberlain to keep separate Accounts of 15' Ballot ticket, what to contain. road moneys for each side of harbour. 16. Ballot, how delivered ; penalty. 34. Commissioners, what lists to deliver As- 17. Conmiissinner's duty on receiving. sessors. 15. What ballots shall be rejected. 35. Names of persons in employ of party, &c., 19. Opening box and counting. when to be delivered ; penalty. SU. Duration of poll; books, &.C., to whom 36. Bye laws for elections may be made. delivered. 37. Certain elections, &c., vulid, 21. When new election. 3d. Bye laws, when and to whom transmitted. Passed 3rd May 1S53. Be it enacted, Sfc. — 1. So much of the Charter of the City of Saint John as is inconsistent with or contrary to the provi- sions of this Act, and also a bye law of the Corporation of the said City passed on the twenty fifth day of February one tiiousand eight hundred and fifty, intituled A Law to regulate the Elections of Aldermen, Councillors, and Constables in the City of Saint John ; and also the following parts of Acts of 16Vc37] SAINT JOHN. 187 Assembly, that is to say: — The tliird, fourth, fifth, sixth, seventh, eighth, ninth, tenth, eleventh, twelfth, thirteenth, and fourteenth Sections of an Act passed in the third year of the Reign of King William the Fourth, intituled An Act for more effectually repairing the Streets and Bridges of the City of Saint John ; the first, second, sixth, and ninth Sections of an Act passed in the sixth year of the Reign of Queen Victoria, intituled An Act for the amendment of the Charter of the City of Saint John; the second, third, fourth, fifth, twenty first, twenty second, twenty third, twenty fifth, and thirtieth Sections of an Act passed in the twelfth year of the same Reign, inti- tuled An Act in further amendment of the Charter of the City of Saint John; the ninth, tenth, and twenty first Sections of an Act passed in the thirteenth year of the same Reign, being a local Act, intituled An Act relating to the Police Force es- tablished in the City of Saint John, and to provide for the relief of Debtors confined in the Gaol of the said City for small sums, and mnlcing provision for the levying and collecting of assessments in the said City, and other purposes, are hereby repealed ; save and except so far, however, as relates to any appointment, election, bye law, ordinance, ruin, regulation, rate, tax, act, deed, matter, action, suit, firoceeding, or thing heretofore had, done, passed, or made, or mw pending, in pro- gress, and undet(!rniined, under and by virtue of the same or either of them, which shall remain in full force, and be respec- tively observed and fulfilled, proceeded with and determined, unless as is hereinafter otherwise directed, in the same manner arid to the same efi'ect and |)urpose as if the said parts of the said Charter and Acts had not been repealed. 2. There shall be elected annually by the freemen and free- holders of the said City on the first Tuesday in April after the present year, for each respective Ward, one Alderman, one Councillor, and one Constable, as heretofore; and the said Alderman, Councillor, and Constable shall have all the powers, and be subject to all the duties of their respective offices, as provided by the Charter, or any Act of Assembly, or any bye law of the Corporation ; and on the first Tuesday in May an- nuaJly in every future year the said freemen and freeholders shall elect the Mayor of the said City. . 3. No person shall be qualified to vote at any such election 188 SAINT JOHN. L5f6 V c 37 for Mayor, Alderman, Councillor, or Constable, unless he be at the time of the election a British subject, and also a freeman and inhabitant, or a freeholder of the City ; and no person shall be qualified to vote as a freeman unless he shall have been a registered freeman at least three calendar months before the day of the election, and shall have actually resided in the Chy for one calendar month next preceding such election; and no person shall be qualified to vote as a freeholder unless he shall have been assessed on real estate at the last general assessment of City rates preceding such election; and the Common Clerk of the said City do, at least six days before the' day of election, prepare alphabetical lists of the freemen of the said City, to be taken from the records of City freemen, and of all persons assessed on real estate, to be taken from the last general assessment list filed in the Common Clerk's office, and' furnish copies of the same to the Commissioners appointed to hold the election, at least twenty four hours before the time ap- pointed for holding the same, which list shall be open for public inspection at the Common Clerk's office for six days previous, during which time any person having been assessed as aforei- said, and whose name may have been omitted, shall upon sa- tisfactory proof of the same rendered in writing to the Common Clerk, have his name inserted thereon ; which said lists, so furnished, shall be for all the purposes of accepting or refusing the ballot of any person wishing to cast the same, a register' of voters ; provided always, that any person entitled to real estate by descent or devise, whose title may have accrued not less than three calendar months before the day of election, may' have his name entered upon such list although he may not have been rated, on producing proof to the satisfactibn of the Com- mon Clerk, of his being entitled to be entered on the list under this proviso ; and no person whosoever, whether freeman or freeholder, shall be entitled to vote unless he shall have paid' previous to the day of election all rates, taxes^ and assessments imposed on him during the year next preceding the election. 4; No person shall be qualified to be elected Mayor or Alder- man, unless in addition to the qualifications necessary to a voter, he shall at the time of his election be possessed, as owner thereof, of real or personal property, or both together, within the said City, over and above all incumbrances whatsoever, to the extent of at least two hundred and fifty pounds. 16 V C 37] SAINT JOHN. 189 5. No person shall be qualified to be elected, or to bn or sit as Mayor, Alderman, or CounciTlor during such time as he shall hold any office or place of profit in the gift or disposal of the Common Council, the emoluments of which are paid out of the funds of the City, or during such time as he shall have directly or indirectly, by himself or partner, any share or interest in any contract or employment with, by, or on behalf of the Cor- poration; provided such disqualification shall not arise from any person being a shareholder in any Corporate Company having a contract with the Corporation, or any share or interest in any lease, sale, or purchase of Corporation lands, tenements, or hereditaments, or any agreement for any such lease, or for the loan of money; and no Mayor, Aldeiman, or Councillor shall receive into his hands any moneys for or on account of any contract, work, or employment made, done, or performed, by or on behalf of, or by direction of the said Corporation, but all moneys due by the Corporation on any such account, shall be paid ,by the Chamberlain of the City to the person or per- sons who shall actually have done such work, and shall be en- titled to such moneys by, under, or for such contract, work, or employment. 6. In respect of any election for Mayor, Alderman, Coun- cillor, or Constable, the following regulations shall be observed, viz : — Each elector, if voting as a freeman, shall give his vote in the Ward wherein he. resides ; and if voting as a freeholder, shall give his vote in any Ward where such freehold is situate. 7. The election shall be conducted in each Ward before a Commissioner, not being a member of the Common Council, to be appointed for each Ward by the Sheriff, Recorder, and Common Clerk, or any two of them, at least six days before the day of election; and in case of the death, illness, absence, or refusal to act, or resignation of any such Commissioner, another or others may be appointed in like manner at any time previous to the election which such Commissioner may be ap- pointed to hold, in the stead of such Commissioner; and in case of any election to supply any vacancy, such election shall be held on a day to be appointed by the Recorder or by the Common Clerk, and by a Commissioner to be appointed as hereinbefore provided. 8. Of the time and place of holding every election respec- 190 SAINT JOHN. [16 V c 37 lively, anfl of the tinmes of the respective Commissioners so to be appointed for holding elections, public notice shall be given by and under the hand of the Recorder or Common Clerk, by publishing such notice in one of the Newspapers published in the City, or by handbills posted>up in the respective Wards, at least six days immediately preceding the day for holding such election. 9. Each Commissioner, before>> entering upon his duties, shall be sworn before a Justice of the Peace to the faithful ■discharge thereof. 10. The Commissioner at each poll shall appoint a Poll Clerk, who shall be sworn before such Commissioner to the faithful discbarge of his duties. 11. Every candidate for the office of Mayor, Alderman, Councillor, or Constable, shall be nominated by two qualified electors, who shall subscribe a declaration of such nomination, and file the same in the Common Clerk's office at least twenty four hours before the commencement of the election, and no vole shall be counted except those given for one or some of the persons so nominated ; [remainder repealed by 17 V. c. 7, s. 6.] 12. The Commissioner in each Ward respectively, shall receive, sort, count, and declare all the votes in the Ward. 13. The Poll Clerk shall enter on a poll list the name of each elector voting, and any other fact the Commissioner may require him to note down. 14. The voles shall be given at the elections by ballot. 15. The ballot shall be a paper ticket, which shall contain in writing or printing, or partly written and partly printed, the name or names of the person or persons for whom the elector intemls to vote, and the office he is intended to fill. 16. Each voter shall deliver his ballot, folded up, to the Commissioner, [the words omitted are repealed by 17 V. c. ;7, s. 5,} a tax receipt, signed by the collector of taxes in the City, who is hereby required to furnish the same on demand, under the penally of five pounds for each refusal, stating that the person therein named has paid all rates, taxes, and assess- ments imposed on him during the year then next preceding, and no ballot shall be received by the Commissioner without such receipt. 17. The Commissioner shall ascertain that the ballot is 16 V C 37] SAINT JOHN. 191 single, without reading it, and then shall deposit it without delay in a ballot box, and should he discover the same not to be single, the ballot shall be immediately rejected, and the party who tendered the same be deprived of his right of voting at that election. 18. No ballot shall contain more names than there are per- sons to be chosen in office ; if in sorting the votes it shall be found that a ballot is double, or that two or more ballots are enclosed in the same cover, or if the name of the same person be more than once entered for the same office on the same ballot, or if any ballot contain more names than legal, all such ballots shall be rejected. 19. The box shall be opened and the ballots counted by the Commissioner in the presence of the candidates, if they choose to attend. 20. The poll for the Mayor or Aldermen, Councillors or Constables, shall be opened in each Ward at eight o'clock in the forenoon, and shall continue open till four o'clock in the afternoon of the same day ; and the name of each elector Voting shall be written in poll books to be kept at such election by the Poll Clerks; and immediately after the final close of the poll, all the votes given in the Ward shall be sorted, counted, and publicly declared by the Commissioner, and in making such declaration and record the whole number of votes or ballots given in shall be distinctly stated, together with the name of every person voted for, and the number of votes given for each person respectively, and for what office ; and the Commissioner shall close and seal the poll book, [the words omitted are repealed by J7 V. c. 7, s. 5,J and deposit the same so enclosed and sealed with the Common Clerk, before ten o'clock in the morning of the next day, to be by him laid before the Common Council at their first meeting thereafter ; and the said poll book shall then he opened, and the Common Council shall examine all the returns from the respective Wards, and shall declare the persons having the majority of votes to be duly elected. 21. In case there shall be an equal number of votes polled for two or more persons, a new election shall be held in respect of such persons, to determine the same. 22. Any j)erson knowingly or wilfully voting when not 1^ SAINT JOHN. liGYmSl entitled to vote ; any person fraudulently putting in more than one ballot when voting, or voting in an assumed name ; and any person who shall vote oftener than he iis entitled to, shall pay a fine of two pounds. 23. [Part repealed by 17 V. c. 7, s. 4.J — And whenever a vote shall be so sworn, the Poll Clerk shall mark " sworn" opposite his name in the poll list. 24. If any person sball knowingly swear falsely, he shall be guilty of perjury, and subject to the penalties thereof. 25. The Commissioner shall have, for the purposes of the election, and during the time of holding the same, all the power and authority of a Justice of the Peace. 26. The respective Aldermen, Councillors, or Constables, duly elected, shall be sworn into ofSce on the third Tuesday in April in every year, as provided by the Charter. 27. The Mayor shall be sworn into office before the Recorder or Common Clerk, as soon as conveniently may be after his election shall be declared by the Common Council, and shall continue in office until he resign or die, or become disqualified as before mentioned, or another shall be duly elected and sworn in his stead. 28. Every person duly qualified, who shall be elected to the office of Mayor or Alderman, shall accept the office or forfeit to the Corporation the sum of twenty five pounds. 29. If an extraordinary vacancy occur in the office of Mayor, Alderman, or Councillor, an election for such vacancy shall be ordered and conducted in all respects, in the same manner as ordinary lelections under this Act. :30. All special vacancies of office from death, disqualifica- tion, resignation, or other cause, shall be declared by the Resolution of Common Council, before proceeding to fill up the vacancy. 31. The Common Council of the said City are hereby authorized and required once in every year in the month of April, including the present year, to determine and direct what sum of money, not exceeding two thousand pounds in any one year, shall be raised and levied in the said City for the purpose of repairing, altering, and maintaining tbe streets, squares, bridges, and highways in the said City, and shall make a rate and assessment upon the said City of such sum 16 V C 37] SAINT JOHN. 193 in the present year, and in each and every succeeding year, besle directed for the present year at any time before the twentieth day of May; and nothing in this Act contained shall be held to, apply to the electionvto be held in Wellington Ward for the present year; and in case any iMayor, Alderman, Councillor, or Con- stable shall die, remove from the City, or resign his office, or in case of any vacancy occurring either by the election of any Alderman or Councillor to the office of Mayor, or in any other manner, before the first Tuesday in April next, the election for supplying such vacancy shall be held and conducted in every respect ais if this Act had not been passed. 38. Every bye law or ordinance made by the Corporation 16Vc38,17Vc5] saint jfOHN. 195 shaH be forthwith transmitted to the Lieutenant Governor, who by and with the advice of the Executive Council, shall within three months from the receipt thereof disallow or confirm the same, and all bye laws and ordinances shall be in force until such disallowance shall be transmitted to and received by the Common Clerk. 16th Victoria — Chapter 38. An Act to amend an Act for the division of King's Ward, in the City of Saint John, into two separate Wards. Section 1. — ^Dividing line of King's and Wellington Wards. Passed 3rd May 1853, Be it enacted, ^c. — 1. The point described in the first Sei-.tion of an Act passed at the present Session of tfaeXegis- lature, intituled An Act for the division of King^s Ward, in the City of Saint John, into two separate Wards, shall be formed by lines drawn through the centre of King and Charlotte Streets in the said City, instead of Union Street, and a continuation of Charlotte Street, as described in the said Act ; and the line running fro'm said point shall run north- wardly through the centre of Charlotte, Coburg, and Garden Streets, to the City line, any thing in the said Act to the contrary notwithstanding. 17th Victoria — Chapter 5. An Act relating to the repair of Streets in the City of Saint John. Section. Section. M. Manner of raising and levying assess. 3. Houses to be numbered and names of ments. Rates to be separate, and Streets affixed. limited in amount. 4. Penalty for defacing numbers or names. 3. Joint Stock Corporation property to be rateable. ^ Passed 20eaJ Houset by whose authority to^ be S. ABsessment, and payment therefor, erected. Passed Isl May 1854. Be it enacted, &fc. — 1. The Justices of the Peace for the City and County of Saint John are hereby authorized to con- tract and agree for the erection of a Dead House for the use of the City and County of Saint John, on the vacant space of ground to the westward of the gaol of the City and County, in the said City, or on any other suitable site in the vicinity of the said gaol. 2. For the purpose of paying for the erection of th« said building, the Justices of the Peace of the said City and County, at any General Sessions of the Peace to be hereafter holden, or at any Special Sessions of the Peace to be for that purpose convened, be and they are hereby authorized and empowered to make such rate and assessment of any sum not exceeding five hundred pounds, as they in their discretion may think ne- cessary ; the same to be assessed, levied, collected, and paid agreeably to, and under and by virtue of any Acts of the General Assembly of this Province in force for assessing, levying, and collecting County rates. 17Vc62] SAINT JOHN. 203 17th Victoria — Chapter 62. An Act in addition to an Act intituled An Act to provide for the erection and making of certain Wharves and improvements in the Harbour of Saint John. Section. Section. 1. Powers of Corporation to increase 4. MonejrB, how to be paid, and duty of Wiiarvea. Chamberlain. S. Corporation anthorized to borrow 5. Common Council to assess east side of moneys. harbour. 3. Debentures, how negotiable. 6. Moneys, how applied. Passed \st May 1854. Whereas under the authority of an Act made and passed in the fifteenth year of the Reign of Her present Majesty, intituled An Act to provide for the erection and making of certain Wharves and improvements in the Harbour of Saint John, the Mayor, Aldermen, and Commonalty of the City of Saint John are proceeding with the erection of piers, wharves, and slips, at or near Reed's Point, fur the accommodation of sea-going Steamers : And whereas the increase of trade and shipping at the Port of Saint John demands an increase of wharf accommodation, and it is expedient to authorize the Common Council of the City to raise a further sum of money in addition to the sum authorized by the said Act, for the purpose of completing the present works and enlarging and extending the same; — Be it therefore enacted, Sfc. — 1. It shall be lawful for the said Corporation to contract for the erection, at or near Reed's Point, of such additional wharves, piers, and slips, and on such plan and mode of construction as they may deem expedient, for such sums of money as may be necessary, not exceeding in the whole the sum of three thousand pounds in addition to the sum now authorized by the said Act. 2. The said Mayor, Aldermen, and Commonalty are autho- rized to borrow such sum as may be required for the purposes of this Act, not exceeding in the whole the sum of three thousand pounds, in loans of not less than one hundred pounds each, and Debentures for the same shall be issued in the, following form, or to that effect, and shall be delivered to the i-espective persons from whom the loans shall be obtained, viz : — 204 SAINT JOHN. [17 V c 62 CITY OF SAINT JOHN. Second Series, Number This certifies that hath lent to the Mayor, Aldermen, and Commonalty of the City of Saint John, the sum of pounds currency, which sum is payable to or order, together with interest at and after the rate of per cent, per annum, pursuant to an Act of Assembly -made and passed in the seventeenth year of Her present Majesty's Keign, intituled An Act in addition to an Act intituled ' An Act to provide for the erection and makifig of certain Wharves and improvements in the Harbour of Saint John,'' — Dated the day of , A. D. 185 . [L. S.] J. O. Mayor. By order of the Common Council. G. W. Common Clerk. Which same debentures shall be sealed with the common seal of the said Corporation, and signed by the Mayor and Common Clerk, and shall be consecutively numbered as a second series according to the times at which the same shall be issued, and a record of the same shall be entered by the Clerk in the Minutes of the Common Council. 3. The said debentures shall be negotiable in the same manner as promissory notes, and the respective holders thereof shall be entitled to receive interest upon the same semi-annually, at a rate not exceeding six per cent, per annum, to be paid by the Chamberlain of the City out of the funds hereinafter provided. 4. All moneys loaned to the Corporation und^ this Act shall be paid by the lenders thereof to the Chamberlain, and shall be paid out by him to the Contractors or workmen who shall build the wharves and other erections now being made or to be made under this Act, on orders to be passed by the Common Council; and the Chamberlain shall render annually, and oftner if required, a true account of all moneys received and paid by him on this account, separate from his other accounts. 5. The Common Council are hereby authorized and required to make a rate or assessment on the east side of the harbour of the said City, of a sum not exceeding seven hundred pounds 17 V C 62] SAtNT JOHN. 205 in the present year, and of a like sum in each and every sacceedingyear, besides the charges of assessing and collecting, for the purpose of discharging the principal and interest of the loans contracted by virtue of this Act, until the same shall be paid off; the said several sums to be assessed, levied, collected, and paid in such proportions and in the same manner as any other County rates for public charges, and when collected shall be paid into the hands of the Chamberlain for the purposes of this Act. 6. The moneys so assessed shall from tfme to time be applied, after discharging the half yearly interest due on the several principal sums mentioned in such debentures, in pay- ment of the said debentures in due order according to the numbers, beginning with the nuniberone; and the Chamberlain shall, when and so often as he may be directed by the Common Council, give one calendar month's public notice by advertise- ment in one of the Newspapers of the City, for calling in such and so many of the debentures as the Common Council are prepared to pay off, specifying the number in such advertise- ment, and the same, by and under such orders aforesaid, shall pay off accordingly | and from and after the expiration of such notice, the interest on such debentures shall cease. 206 YORK. TO RK, [45 (J 3 c 8 th Georc 3rd — Chapter 8. An Act to regulate the Winter Roads in the Counties of York and Sunbury. Ser.tion, i, 2, 3. Repealed. '' ' 4. Workine distances, how .determined.^ 5. Repealed. ' 6. Penalty for cutting. &c. bushes, &c. 7. Penahy fur not sending teams ftc, and I f^ Oojitmissioners, &c. for neglectof dun application and exception. 1, 2, &3. Repiealed by 52 4. The said Commissioner and they are hereby required tance upon the said river respective Towns or Parishes 5. Repealed by 52 G. 3, c, Section. 8. How far only compelled to go. 9. Penalty for neglect to labour on Nash- waak, &;c. 10. Width of sleds on ditto ; penalty for breach ; recovery, Ac. ; exception. 11. Penalty for not travelling to and by'''what route. Passed 5th March 1805. G. 3, c. 18. I or the major part of them, shall to agree and determine the dis- V hich is to be worked by their and the Surveyors of Highways shall proceed to break the sai 1 winter roads agreeably to law. , 8. 6. If any person shall wilfully cut, or take down, or destroy any of the bushes so to be erected, shall forfeit and pay the sum of thirty shillings upon ci nviction before any one of His , upon the oath of one or more be levied by warrant of distress rendering the overplus (if any) Majesty's Justices of the Peac credible witness or witnesses, t( and sale of the offender's goods after deducting the costs and c larges, to the offender, to and for the use of the informer, anc for want of such effects to levy on, the said offender or offende s shall be imprisoned for a time not less than six nor exceeding 7. Every inhabitant in the s; any carriage whatevjsr drawn oxen, shall be obliged, on beii team or carriage with a com ten days. id Counties keeping a team, or by one or more horses, ox or g duly summoned, to send his letent driver, to work in such manner as the said Surveyors s lall direct ; and on such person or persons neglecting or refusii g to send his team or carriage and a good driver, or not peffo ming such reasonable work as the said Surveyors shall direc , the owner of such team or carriage shall forfeit the sum of ten shillings ; and every Com- missioner or Surveyor who sha 1 refuse or neglect to perform the duty enjoined and required by this Act, shall forfeit and pay for every such refusal or neglect the sum of three pounds ; 45 G 3 c 8] YORK. 207 the fines aforesaid to be reeovepd on complaint, with, costs of suit, before any one of His Jlajesty's Justices of the Peace, » and the forfeiture applied for rtbpairing the highways, under the direction of the Commissionfirs, or the major part of them, ofthe Towns or Parishes where t le said forfeiture shall accrue; provided always, that such persor or persons keeping a pleasure sleigh or sleighs only, shall not be obliged by this Act to perform any other labour on the said v inter roads, except to break the same when duly summoned ap to do. 8. No person or persons summoned as aforesaid, shall be obliged tp go further from their n-espective homes than three miles, or to work on the said vwinler roads more than four days in any one winter. \ 9. Whenever the Surveyors ofi Highways on the Rivers Nashwaak and Penniack, in the Harish of Saint Mary's and County of York, shall during th : winter season deem the Icibour of men necessary, it shall i nd may be lawful for such Surveyors forthwith to summon luch and so many of the inhabitants, with their shovels or su h other proper implements as the said Surveyors or Surveyor shall direct, not exceeding four times in any one year, nor a j reater distance than three miles from their own houses, andii case of refusal or neglect shall forfeit and pay for each and every offence the sum of three shillings, to be recovered wfth costs of suit in manner described in the seventh Section oflthis Act. 10. All sleds made use of for tWe purpose of transporting wood, hay, or other heavy materialfflto or from or in the settle- ments on the Rivers Nashwaak ana Penniack aforesaid, and drawn by one horse or one ox, shal not be less or more than three feet eight inches from outside to outside of the runners thereof; and if any person or pen ans whatever shall make use of any single horse or ox sled a i, aforesaid of less dimen- sions, and be thereof convicted by the oath of one or more credible witness or witnesses before any one of His Majesty!a Justices of the Peace, or on view o, such Justice, shall forfeit and pay the sum of five shillings, ( ie same to be recovered and applied in manner directed in tie seventh Section of this Act; provided always, that nothiip; herein contained shall be construed to extend to any, sled n man may use upon his own farm only, or to any pleasure slligh whatever. 208 YORK. [52 G 3 c 18 11. All persons tri Nashwaak or Penniai sleds or sleighs draw be obliged to travel westerly side of the Moncton Ferry to t velling/io the settlements on the Rivers above the great Rapids so called, with n^yyone horse or one ox, shall at all times le highways as now laid out, on the River Nashwaak, leading from the saia settlements, under the penalty of ten shiljlings, to be /ecovereli as aforesaid, all which forfeitures shall be paid to the person or persons prosecuting the same to conviction. ■I. T^i^ Section, 1. What Sections of wliat Act repealed. 2. Com;iiiB$ioners' duty as to winter roads. 52nd George 3rd — Chapter 18. ^-Ct Tifamendment of aa Act made and passed in tha forty fifth year of His Majesty's Reign, intituled An Act to regulate the Winter Roads in the Counties of York and Sunbury. Section. ^ 3. Roads, how laid oat. What side travel- lers to take; penEtlty, recovery and appiicatioii. 4. Former Act, how in force. Pmsnd 7th March 1812. Be if enacted, ^c. — 1. The first, second, third, and fifth Sections of an Act made ann passed in the forty fifth year of His Majesty's Reign, intituled An Act to regulate the Winter Roads in the Counties of YArk and Sunhury, be and the same are hereby repealed. I 2. From and after the passing of this Act, the Commissioners of Highways, or either of tftem, for the time being, in the Parishes of Fredericton, Kinssclear, and Saint Mary's, in the County of York, and the Opmmissioners of Highways, .or either of them, for the time b iing, in the several Towns and Parishes in the County of Su ibury, where the major part of such Commissioners shall thin ; it necessary, shall yearly and every year order the Surveyor ! of Highways in their several districts, so soon as the ice shi 11 be sufficiently strong to bear a team or teams, and immediately after the first fall of snow, to summon the inhabitants of t le said Parishes to labour on the said winter roads by markir j the same in lines as straight as may be, with one row of evergreen bushes, erected at distances not exceeding four rods from each other, and the said roads Shall be. markJd on the River Saint John, 56 G 3 c 7] YORK. 209 excepting from the usual landing place below the Town of Fredericton to the usual landing plpce above the said Town, where the road shall be marked upon the land through the front street of the Town plat. 3. The said Commissioners required to lay out the said and within six feet from the s^ or either of them, are hereby winter roads on each side of, id one row of bushes erected as aforesaid, and ail persons traWelling with their horses, cattle, sleds, and carriages of every denomination on the said roads, within the aforesaid limits, shall leave the said one row of bushes always on the left hand, under the penalty of ten shillings for each and every offepce committed contrary to the true intent and meaning of this Act, to be recovered upon conviction before any one of His Majesty's Justices of the Peace, upon the oath of one or more credible witness or witnesses, and levied by warrant of distress and sale of the offender's goods, rendering the overplus (if any) after deducting the costs and charges, to the offender, to and for the use of the informer ; and for want of sljch effects whereon to levy, the offender or offenders shall tie imprisoned for a time not exceeding four days. | 4. The said herein before reaited Act, and every clause, matter, and thing therein contained, except wherein the same is hereby altered and repealed, small be and continue in full force, any thing herein containedl to the contrary in any wise notwithstanding. 56th George 3rd — Chapter 7. An Act to provide for the purchase of a place for the re- sidence and accommodation of the Governor or Com- mander in Chief of this Province, Section. Section. 1. Premises for Governor's residence, how 4. Premises, how to be held. ' conveyed. " ' 5. Repealed.' S. Purchase money, how paid. 6. Act deemed public. '3. Deeds of the premises, effect thereof. Passed 7th March 1816. Whereas a negotiation has been entered into and concluded upon, by and between William Botsford, James Fraser, and John Allen, Esquires, a Committee of the House of Assembly, of the one part, and Colonel Harris William Hailes, the Agent 14 210 YORK. [56 G 3 c 7 of His Excellency Lieutenant Governor Thomas Carleton, (who is now in England), and the Governor and Trustees of the College of New Brunswick, of the other part, for the pur- chase of the Mansion House commonly called and known by the name of the Government House, with the out houses and the lands adjacent thereto, bounded northeasterly on the River Saint John, southeasterly by the road at the upper end of the Town plat of Fredericton, in the County of York, south- westerly by the highway leading from Fredericton aforesaid into the country, and northwesterly by a line extending from the said highway to the said river, parallel to the said road, and being at the distance of forty three chains, of four poles each, and fifty links, measured along the said highway from the road aforesaid, and containing about fifty acres, now in the occupation of His Honor Major General GeorgeStracey Smyth, the President and Commander in Chief of the Province, as a res'dence for, and the accommodation of the Governor or Com- mander in Chief for the time being of this Province : And whereas it appears that although the equitable title to the said premises is in the said Lieutenant Governor Carleton, subject to an agreed rent of six pounds one shilling and eight pence per annum, upon a part of the said lands, payable to the said College, yet the legal title thereto rests in the said Governor and Trustees of the said College, which legal title they the said Governor and Trustees have consented and agreed to part with and convey upon such terms, with regard to the said rent, as the General Assembly may deem proper : And whereas it appears that the said Agent of the said Lieutenant Governor Carleton has consented and agreed to accept of the sum of three thousand five hundred jiounds of lawful money of this Province for the same premises, and upon the payment thereof to release and convey all the right and title of the said Lieu- tenant Gov^nor Carleton and his heirs to the'same premises, in such way and manner as may or can be done by law : And whereas it is considered just and equitable to grant and pay to the said Governor and Trustees of the said College the sum of one hundred and fifty pounds of like lawful money, to redeem the said rent ; for the perfecting of which said negotiation and agreement, and for carrying the same into full forCe and effect, — 56 G 3 c 7] YORK. 211 Be it enacted, ifc, — 1. The said Governor and Trustees of the College of New Brunswick are hereby authorized and em- powered "to grant and convey all the right, title, and interest which they have of, in, and to the same premises, to the King's Majesty, His Heirs and Successors, and freed and discharged from the said ahnual rent. 2. Immediately upon the due execution of a granjj^ai^d'^onj^ veyance by the said Governor and Trustees of t^|;_said (Siollege of New Brunswick, of the said premises, and also of a release and conveyance of the same by the said Agent of the said Lieutenant Governor Carleton, for and in the name of the said Lieutenant Governor Carleton, to the King's Majesty, His Heirs and Successors, for the purpose aforesaid, there shall be paid out of the Province Treasury, by Warrant from the Governor or Commander in Chief for the time being, who is hereby authorized to issue the same with the advice of His Majesty's Council, the said sum of three thousand five hundred pounds, to the said Lieutenant Governor Carleton or his said Agent ; and also in like manner to the said Governor and Trustees of the College of New Brunswick the said sum of one hundred and fifty pounds. ' 3. The said deeds and conveyances, when duly executed and entered in the office of the Register of the Records of this Pro- vince, shall be and the same are hereby declared to be good and efl!^ectual in the law, to all intents and purposes to transfer to and vest in the King's Majesty, His Heirs and Successors, for the purpose aforesaid, full and absolute property and seisin of and in the same premises ; saving nevertheless the right and title of any other person or pfersons, or body corporate and politic, except the said Lieutenant Governor Carleton and his heirs, and the said Governor and Trustees of the College of New Brunswick. 4. The said premises shall be from and after the transfer and conveyance thereof as aforesaid, deemed and considered to be holden by His said Majesty, and His Heirs and Successors, for the use and benefit of this Province, and for the sole pur- pose of a residence for, and the accommodation of the Go- vernor or Commander in Chief of the Province for the time being, and the same or any part thereof, shall not in any way, or by any means whatever, be alienated or granted, or 212 YORK. G 4 e 25 rules aud regulations for 'Section. 1. Building, for Alms House, how ereei id and paid for. S. Ccinmissioners, hy whom appointed, a| powers of. 3. Coin'inisSiDiiers; What ruleb, &.c. make, and what punishntents in'ftict. ' disposed of to any peison or persons wl;omsoever, or for any other purpose whatsoever, without an Act of the General As- sembly of this Province authorizing the same. 5. Repealed by 3 V. c. 78. 6. This Act shall be deemed and taken to be a public Actr any thing; to the contrary thereof notwithstanding. *^ f**^^**'^xi George 4th— Chapter 25. An Act to provide for the erection of an Alms House and Work House within the ^^ounty of York, and for making the management of the same. Section. 4. Comnvissinnera, to whom^to ancopnt, and what estimate'for poor to malte. 5. CoirnnissioniTs may agree witli Overseers- of other Parishes as to poor. 6. Profits of work in Ahus House, how applied. Pm»ed 2\!t March 1822. Whereas by the modes g« neralfy pursued to provide for the support of the poor in thii Provincei many persons who- tnight under proper regulation 3 contribute to their own main- tenance, have nevertheless bi come chargeable to, and are entirely maintained by the inh bitants of tl»e Parishes in which such persons reside, to the ver r great burthen of such inhabi- tants: And whereas the establi; hment of suitable Alms Houses and Work Houses in proper s tuations within this Province, would not only enable many po yr persons who are now charge- able to the Parishes in whi ^h they reside, to contribute' materially to their own supp irt, but would also afford the meanf^ of checking the disorde ly behaviour of divers persons,- who by drunkenness and idler esd disqualify themselves from- earning a proper support ;- — Be it therefore enacted, ifc.- -1. The Justices of the Peace for the County of York in the r General Sessions be and they are hereby authorized and em| owered to agree for the erecting and finishing of a proper hu Iding for an Alms House and Wwrk House in the Town or Parish of Fredericton, and to fix upon a certain sum of mt ney for defraying the expense thereof, which sum of money s mil be raised by an assessment upon the inhabitants of the I arishes of Fredericton, Saint Mary's, Kingsclear, Prince William, and Uueensbury, in the 3 G 4 e 25] YORK. 213 eaid County, in the manner prescribed by the laws now in force for assessing, coIFecting, amd levying County rates, or by any other law which may be paJsed during the present Session of the General Assembly, provilled that such assessment shall not exceed the sum of seven hundred pounds. 2. It shall and may be lawful for the Governor or Commander in Chief of this Province, by wanrant under his hand and seal, to be issired with thjit advice of ^His Majesty's Council, from time to time to appoint so man seven nor less than five, and of the Peace for the said County, Commissioners for superintendin building so to be erected for th it shall and may be lawful for the time to time to provide such, materi judge necessary, for the setting to poor persons, of what age or sex apply for relief and shall be capable fit persons, not exceeding om two shall be Justices of he shall think fit, to be and managing the said purposes aforesaid'; and aid Commissioners from and things as they shall ork and employing such ever they be, who may work, and shall have Ito power and authority at their discretSan to compel such idle or poor people begging or seeking Jelief, as do not betake themselves to some lawful employraAit, or who do or shall hereafter seek and receive alms of any of the said Parishes herein before mentioned within thiej said County, or who may stand in need of relief from anylof the said Parishes, to dwell, inhabit, and to work in the said Work House, and to do all such work as they shall think tllBm able and fit for, and shall have the same powers to bind o|t poor children appren- tices, as are by the laws of this Province given to the overseers of the poor in the several Towns or Pirishes. 3. The said Commissioners to be appointed as aforesaid, shall have power to make such rules, prders, and regulations for the good government and management of the said Alms House and Work House as they shall find necessary, (such rules and regulations to be approved «If by the Justices in their General Sessions), and to inflict such (Arrection and punishment by solitary confinement or otherwiselfrom time to time, as to them ^hall seem reasonable, on anyfperson or persons within the said Alms House or Work Houle who shall be so set to work and shall not conform to suchj-ules, orders, and regula- tions to be made as aforesaid, or slifll misbehave in the same. 214 YORK. [3 G 4 c 25 4. The said Commissioners shalll at the first General Sessions of the Peace to be holden for tBe said County, annually lay before the Justices in their said Sessions, an account, to be audited by the said Justices, oft le expenses incurred by them for the support and maintenance of the poor of the said Alms House and Work House for the past year, together with an estimate of what sum or sums o: money will be needful for the maintenance or employment oft le poor'of the said House for the current year, in which estim ite shall be stated the propor- tion that each Town or Parish within the said County ought to pay, according to the numbe ■ of poor persons that such Town or Parish shall have in tl e said Alms House, or com- mitted to the care of the said ( iohimissioners, to the intent that no other levy or assessment may be made for any other maintenance or allowance to or f )r any such poor, which sum or sums of money shall be assess ;d, levied, and raised in such manner and form as by the laws :)f this Province is or shall be appointed and directed, and wh n raised and received, shall be paid to the said Commissione s for the use aforesaid, and for no other. 5. The Commissioners to be j ppointed in pursuance of this Act shall have full power and a( thority to contract and agree with the overseers of the poor of iny Parish in the said County, or of any adjoining County of tl is Province, for the mainten- ance of any poor persons belon| ing to such Parishes respec- tively, which contract and agrees ent such overseers are hereby authorized and empowered to i lake ; provided always, that such overseers shall first pay or secure to be paid to the said Commissioners, such sum or si ms of money as shall be so agreed for, and shall also repoi t to the said Commissioners the names, character, and cond ;ion of all such poor persons within the said Towns or Pai shes respectively, in whose behalf such application shall be nade. 6. The profits of any work or labour to be performed under the direction of the said Commiss loners shall be duly accounted for by them, and shall he applied towards the support and maintenance of the persons inhVbiting within the said Alms House and Work House. 8 G 4 c 23] YORK. 215 8th George 4th — Chapter 23. An Act to establish and regulate Public Landing Places in Fredericton, Section. Section. 1. Landing places in Fredericton, where 4. What part of Repent Street reserved for established. Steam Boat landing 2. Avenaesto landing places, what deemed. 5, Constables, how to be retained at Steam 3. Encumbering, &c. landing places ; pe- Boat landing, and powers of. nalty, recovery, and application. Passed I9th March 1827. Whereas great inconvenience and delays in the lading and unlading of Vessels have arisen for the want of regular and unobstructed landing places in the Town of Fredericton; for remedy whereof, — Be it enacted, ^c. — 1. There shall be eleven public landing places in the said Town of Fredericton in the County of York, for vessels and boats to lade and unlade their cargoes, that is to say, — The first or lower, commonly called Avery's landing, opposite to the Inn called the Golden Ball, to measure two hundred feet in length on the margin of the river; the second landing to be a continuation of Sunbury Street, and to extend on the margin of the river up stream from the lower line of the said street two hundred feet; that the third landing be a con- tinuation of Church Street, to measure also two hundred feet in length on the margin of the river; the fourth landing to be a continuation of Saint John's Street, to measure also two hundred feet in length on the margin of the river ; the fifth landing to be bounded by a continuation of the lines of the lot granted to the Justices of the Peace of the County of York for a Market; the sixth, commonly called the Steam Boat landing, at the junction of Regent Street with the river, to measure from the lower line of the said street, three hundred feet in length, on the margin of the said river up stream ; and at the continuation of the five following streets, namely, Carleton Street, York Street, Westmorland Street, Northumberland Street, and Smytfi Street, there shall be similar landing places, each measuring two hundred feet on the margin of the river : which said landing places shall be considered to extend to the top of the bank, and shall be surveyed and distinctly marked out by posts or other sufficient marks by such person as the Governor or Commander in Chief for the time being shall ap- point, and a return and plat thereof, and of the avenues lead- 216 YORK. [8 G 4 c 23 ing thereto, made and returned into the Surveyor General's office. 2. The said avenues leading to the said several landing places shall be deemed public highways, and persons obstruct- ing the same, liable to the same penalties as for obstructing any other highways in the said Town, and encumbrances thereon may be removed and disposed of agreeable to the provisions of the laws for regulating highways. 3. Any person encumbering or obstructing either of the said landing places, by laying on the shore or leaving in the water any logs, wood, or timber, or any other means, so as to prevent the easy and convenient access of vessels and boats to the same, and discharging their cargoes, shall for every such offence incur the penalty of forty shillings, to be recovered upon con- viction before any one of His Majesty's Justices of the Peace, upon the oath of a credible witness, or view of the Justice, and levied with full costs by warrant of distress and sale of the goods of the offender, rendering the overplus (if any) after de- ducting charges, to the owner ; and for want of such goods the offender to be committed to gaol by warrant from such Justice, there to remain for eight days, unless the penalty and costs and charges shall be sooner paid ; which penalties when reco- vered shall be paid to the Commissioners of the Alms House in Fredericton for the use of the poor thereof. 4. The lower one hundred feet of the said Steam Boat land- ing shall be reserved exclusively for the accommodation of the present or any other Steam Boats which may come to the place; and any person in any way encumbering the bame, or any bridge or wharf thereon, so as to obstruct the approach of any Steam Boat to the same, or incommode such boat in the landing of passengers or discharging of goods, or freight, or baggage, or shall remove the said bridge, shall incur the penalty of forty shillings for each and every offence, to be re- covered and applied in manner as aforesaid. ' 5. In order to secure the safe and convenient landing of pas- sengers, it shall and may be lawful for the proprietors of any Steam Boat, at their own expense, to retain any one or more of the constables of Fredericton to attend at the bridge to which any such Steam Boat is expected to come, to prevent persons from crowding the same upon the arrival of any such 10&nG4c20] YORK. 217 boat; and such constable (having his staff of office in his hand) shall have power to prevent persons, at his pleasure, from going^or remaining on any such bridge, at the time of the arrival of any such boat ; and in so doing he shall at all times be considered to be in the due execution of his office as constable. 10th & 11th George 4th — Chapter 20. An Act to establish Houses of Correction within the Counties of York and Charlotte. Section 1. — Houses of Correction, how establislied in Alms Houses for York, &c. Passed Sih March 1 830. Whereas groat inconvenience arises from the want of Houses of Correction within the Counties of York aud Char- lotte, wherein persons convicted of certain offences, and rogues and vagrants, might be confined and kepi at hard labour, instead of being imprisoned in the County Gaols : And whereas there are Alms Houses and Work Houses erected and built within the Parishes of Fredericton and Saint Andrews, parts of which might be beneficially appropriated as Houses of Correction ; — Be it therefore enacted, tfc. — 1. The Justices of the Peace of the Counties of York and Charlotte respectively, or the major part of them in General Sessions assembled, be and they are hereby authorized and empowered, by and with the consent in writing of the Commissioners of the said Alms Houses and Work Houses for the time being, to establish Houses of Correction at the said Alms Houses and Work Ilou^^es ; and the same, when so established, shall be deemed and taken to be the Houses of Correction in and for the said Counties of York and Charlotte respectively. 3rd Victoria — Chapter 78. An Act to amend an Act intituled An Act to provide for the purchase of a place for the residence and accommo- dation of the Governor or Commander in Chief of this Province. Section. Section. 1. Kepeal of Section of what Act. 8. Commissione™, how appointed. 218 YORK. [3 V c 78, 10 V c 7 Pnssed Z\st March 1840. Whereas great inconvenience has arisen heretofore under the operation of the fifth Section of the Act to which this is an amendment; — Be it therefore enacted, &fc. — 1. The fifth Section of an Act made and passed in tlie fifty sixth year of the Reign of His Majesty King George the Third, intituled An Act to provide for the purchase of a place for the residence and accommoda- , tion of the Governor or Commander in Chief of this Province, be and the same is hereby repealed ; and in lien thereof, — 2. His Excellency the Lieutenant Governor or Commander in Chief for the time being, be and he is hereby authorized and empowered to appoint three or more Commissioners in each and every year to have the care and management of Government House, and the premises therewith connected, and to have the superintendence and control of any reparations and improvements to be from time to time made under and by the authority of the General Assembly of this Province. 10th Victoria — Chapter 7. An Act relating to certain Public Lands in Fredericton. Section. Bection. 1. JusdcesinSession, what lands may lease, 3, What part for a Hotel stand. and how. 4. What rents of lands, how appropriated. 2. What part of the land may be reserved for a Market. Passed \2th March 1847. Whereas by an Act made and passed in the ninth year of the Reign of Her present Majesty Queen Victoria, intituled An Act relating to the exchange of Lands in Fredericton vdth the Ordnance Department, six several lots of land in block three, and the parcel of land abutting on Westmorland Street, known as the Hospital Lot, were vested in the Justices of the Peace for the County of York, and their successors, in trust for the use and advantage of the inhabitants of the City of Fredericton : And whereas it is necessary that the Justices of the Peace for the County of York should be empowered to lease the said land in the most beneficial manner for the inhabitants of Fredericton, and to appropriate the rents and profits accruing therefrom for the benefit of the inhabitants of the said City ; — 10Vc7] . YORK. 219 Be it therefore enacted, Sfc, — 1. The Justices of the General Sessions of the Peace for the County of York, at any General Sessions of the Peace for the said County, shall and they are hereby empowered to lease the said several lots or parcels of land for any term not exceeding twenty one years, for and upon such rent and with such covenant or covenants for the renewal of such lease or leases, and in such lots, pieces, parcels, or portions, as the said Justices shall deem for the advantage of the inhabitants of the City of Fredericton, and may agree upon with the person or persons who may take such lease or leases ; and good and valid leases of the said land, with such covenants therein, may be made under the authority of the said Sessions, sealed with the Seal gf the said General Sessions, signed with the proper hand of the presiding Justice of the said Sessions, and countersigned by the Clerk of the Peace of the said County ; provided that no lease shall be made or entered into under the authority of this Act, unless the upset price or rent of such land shall have been previously fixed by the said Justices in General Sessions, and after such lot or parcel of land so leased shall have been sold or once offered for sale at public auction, after at least ten days notice of such sale. 2. The Justices of the Peace for the said County shall have power to reserve any part of the said Hospital Lot for the purpose of a Public Market for the said City, if they in their discretion shall deem such reservation of advantage to the inhabitants of the said City. 3. Notwithstanding the provisions of this Act, the said Justices of the Peace shall have full power and authority to lease any portion of the said several parcels of land to any persons or persons, or body corporate, at private sale and contract, for the purpose of erecting thereon a commodious Hotel of brick or stone, or both. 4. The first two years rent and profit of the said lands shall be paid over to the Commissioners of Highways for the Parish of Fredericton, for the purpose of assisting in making substan- tial Sewers in the City of Fredericton. 220 YORK. L10Vc47 10th Victoria — Chapter 47. An Act relating to a tract of Land situate below the Town Plat of Fredericton. Section. Section. 1. Land below Town Plat of Fredericton, 3. Penalty for dragging timber over, &e. under whose control. 4. Regulations, by wiroih made, and for i!. Highways, &c. over said land, how laid what purpose. Recov^y, &c. out. Paused 7ih April 1847. Whereas there is a piece or parcel of land situate below the Town plat of Fredeiicton, reserved in the original grant from the Crown to the Governor and Trustees of the College of New Brunswick, for a Common and other public uses : And whereas, for the preservation of the said piece or parcel of land from, injury and destruction by tihe operation of the water, ice, and other causes, for the common benefit of all the inha- bitants of Fredericton for ever, according to the intention of the said original grant, it is necessary that the said piece or parcel of land should be placed under some more efficient supervision and control; — Be it therefore enacted, &fc. — 1. From and after the passing of this Act, the said. piece and parcel of land below the Town plat of Fredericton, and reserved in the grant from the Crown to the Governor and Trustees of the College of New Brunswick, for a Common and other public uses, shall be and be deemed to be under the supervision and control of the Commissioners of Highways for the Parish of Fredericton for the time being, in the same manner as the streets and highways, in Fredericton are, subject to the provisions of this Act. 2. The said Commissioners of Highways, or the major part of them, shall have full power and authority to lay out a high- way or such highways in, over, or upon such part or parts of the said piece or parcel of land as they may deem necessary, ^nd from time to time to lay out such promenades and walks thereon as they may d«em necessary and promotive of the com- fort, health, and convenience of the inhabitants of Fredericton. 3. Between the twentieth day of March and the twentieth day of December in each and every year, it shall not be lawful for any person or persons to haul or drag any timber, logs, masts, spars, and other lumber, over any part of the said land which the said Commissioners may lay off for a promenade, unless «uch timber, logs, masts, spars, or other lumber, be required for 14 V c 4J YORK. 221 the repair and improvement of the said piece or parcel of land ; and every person or persons shall for each and every offence forfeit and pay a sum not less than five shillings nor exceeding twenty shillings, in the discretion of the Justice before whom the offender shall be prosecuted ; which penalties, with costs of suit, shall and may be sued for and recovered in the manner provided in the fourth Section of this Act. 4. The Justices of the General Sessions of the Peace for the County of York shall have full power and authority from time to time to make such rules and regulations relating to the said piece or parcel of land, or any promenade or promenades, or walk or walks, laid out thereon, for the purpose of promoting the cleanliness, health, and comfort of the inhabitants of Fre- dericton ; and such rules and regulations to alter, repeal, and amend, and to substitute others in lieu thereof, and to enforce the observance of such rules and regulations by such fines and penalties as they in their discretion may deem meet ; provided that no greater fine or penalty than ten shillings shall be im- posed for any breach of such rules or regulations; which fines and penalties shall be sued for and recovered, with costs, before any one of the Justices of the Peace for the County of York, upon the oath of one or more credible witness or witnesses, and levied by warrant directed to any constable of the Town or Parish of Fredericton, by distress and sale of the goods and chattels of the offender or offenders ; and when no such effects can be found, the offender or offenders to be imprisoned in the common gaol of the County of York for a period of time not exceeding one day for every two shillings of the said fine or penalty. « 14th Victor^— Cy^APTER 4. \jO£^*^ ^ An Act to provide for the appomtment of Commissioners for the Alms House and Work House for the County of York. X Section. kectHpa. ' 1. GoinmisMoner, for 'what Parish elected. / 3'. (\mu1ia3ioTiers. powers of. 2. CoininiaBioner, by whoin api>ointed. / 4. \Wiaiai;i:ounis, and when to be exhibited. / \ Pa.ised \5ih March 1851. Se it enacted, ^c. — 1. Atjthe annijal meeting for electing Town or Parish officers in the County of York, there sfeall b& 222 YORK. [14Vcl5 elected in each Parifti of the said County, connected with and interested in the AlVns House and Work ifouse, except the City of Fredericton, qpe Commissioner of >ne said Alms House and Work House. 2. The City Councivof the City of/Fredericton shall from time to time appoint a Commissioneir for the said City. 3. The said Commissioners, when appointed, shall be in- vested with all the power\ confer/ed on the Commissioners of the Alms House and Worft Houree for the County of York by the provisions of an Act mem^and passed in the third year of the Reign of His Majesty Hfng George the Fourth, intituled An Act to provide for the emcvion of an Alms House and Work House in the County of Yprk^ am>d for making rules and regu- lations for the managemmt of tm same, 4. At the annual ele^ion of Pewish officers the several Com- missioners shall exhUsit so much ot the Alms House Accounts for the preceding y/ar as relates toVheir respective Parishes. 14th Victoria — Chapter 15. An Act to repeal the several Acts for incorporating the City of Fredericton, and to make other provisions in : lieu thereof. Section. ■ 1. Repeal of Acts ; exception. 2. Incorporation of Fredericton. 3. City, how divided. 4. In whom City affairs vested. 5. Assessor, for what and when elected. 6. duaiificadnn of Mayor, &c. 7. (Qualification af ^lectors. 8. Evidence of assessment, &c. 9. Disqualification for oflRce of Mayor, &c, 10. Exempts from serving as Mayor, &.e. \l^^eina\%ifB for not accepting office, &c. 12. "When office' declared vacant 13. Officfeiof Mayor, &c., when vacated. 14. Election of, when. 15. Eleciinn of Mayor, &c., wlieh to be held, 16. Eleciion of, where to be held. 17. Who to give notice of holding. 18 Candi,dates ; nominated by whom. 19. Elections for extraordinary vacancies j Candidates by \vhom nominated. SO. Voting for 'Mayor, &c., how done. 21. Court for nomination atid poll, dec. 22. When poll may be closed. 23. Return of elected persons. S4. Mayor, when and how declared elected, 25. Poll lists, &c., where filed. 26. Mayor, how long to remain in office, 27. On vacancy by Mayor, &c., what notices. S8. Elector, what required before voting. Section, S9. Perjury, what deemed. 30. Electors for Councillors, Sec, where to vote. 31. Presiding officer, powers of. 32. Mayor, &c., before executing duties, wl^at to do. 33. Mayor. &c. ; oaths. 34. Councillor elected for more than one Ward, what to declare. 35. What officers re-eligible. 36. When to go out of office. 37. City Council, what meetings to bold- 38. Who to call special meetings. 39. What notice to be given. 40. Q,uorum for business. 41. Who to preside, at meetings. 42. Minutes, how entered, &c. 4'1. i^ppea,! from election. 44. Committees, by whom appointed. 45. Members of Council, how and for what punished. 46. Council, meeting of, bow adjourned. 47. Council, what officers may appoint, &c. 48. What security shall give. 49 Rates, &c., by whom to be received. 50. When not to be paid out. 51. Accounts, by.whom and when published. 53. Officers to account for moneys, how and to whom. 53. Bye laws, how and by whom made. 14 V c 15] YORK. 223 Section. Section. 54. City Council, powers of. 70, "What lands vested in the City Corpora- 55. City Council, what muneys may raise, &c. tion. 56. Assessors' duties. Sec. 71. Expense of admiiiistenng justice, how 57. Rales', how apportioned. agreed npon, and between whom. 58. Collecting rates, who to regulate. 72. When citizen, Ac, not deemed incom- 59. Party owing, when may be committed. peient witness. 60. Non-residents, how notice served as to. 73, County Grnnd Jury also for City. 61. When their property may be sold, 74. Tncriminalmatters.jurisdictiontoremain. 62. Appeal against rates. 75. Mayor to be a Justice. 63. Assessments on real property, how ex- 7d. Councillors to be Justices. ^cted, Ac. 77. Mayor to be Justice of Common Pleas. 64. What debts privileged. 78. Mayor's salary. 65. Errors in assessments, how rectified. 79. Sheriff, and other officers of County, 66. Assessment, when not deemed illegal. shall be same for City. 67. Sessions, powers of as to Tavern Keepers, 80, What officers, and howinay be assessed. Sec. 81. Recovery of penalties, and trial of offend- 68i What vessels, &c., exempted from this ers, &c. Act. 82. What pecuninry qualification for first 69, Certaiurights of Justices, in whom vested. election of Mayor, &c. 83. Construction of terms, &c. Passed 30th Jpril 1851. Whereas the provisions of the Act to incorporate the City of Fredericton, and the several Acts to amend the same, have been found defective ; — Be it therefore enacted, &fc. — 1. An Act made and passed in the eleventh year of the Reign of Her present Majesty Queen Victoria, intituled An Act to incorporate the City of Fredericton, and another Act made and passed in the twelfth year of the same Reign, intituled An Act to amend an Act, intituled ' An Act to incorporate the City of Fredericton;^ and also an Act made and passed in the thirteenth year of the same Reign, intituled An Act relating to the levying and collecting of Rates in the City of Fredericton, be and the same are hereby respec- tively repealed ; provided always, that all Elections of City Councillors or Mayor, and all appointments of City officers made under the authority of the said several Acts hereby repealed, shall be and remain good, valid, and effectual until other Councillors, Mayor, or other City officers shall be elected or appointed in their stead under the provisions of this Act; and provided also, that all assessments of rates heretofore made upon the said City and not yet collected, and all fines and penalties heretofore imposed under the authority of the said several Acts or any of them, may be proceeded for, recovered, collected, and applied in the same manner in all respects as if the said Acts had not been repealed ; and that all bonds, recog- nizances, judgments, and all leases, conveyances, or contracts, sealed with the Seal of the said Corporation, or otherwise executed by the authority of the City Council, should remain 224 YORK. [14 V c 15 good, valid, and efTectiial for all purposes expressed therein, notwithstanding the repeal of the said several Acts; and all actions, suits, and proceedings which may have been com- menced in any Court by or against the said Corporation, under the provisions of the said Acts, may be proceeded with to their termination and satisfaction in the same manner as if the said Acts had not been repealed; and all bye laws, rules, and ordinances, and every act, matter, or thing heretofore done under the authority of the said several Acts, or any of them, shall be and remain good, valid, and effectual in the same manner to all intents and purposes as if the said Acts had not been repealed. 2. From and after the passing of this Act all the inhabitants of that part of the Countyof York which is bounded as follows — Northeasterly by high water mark on the northeastern bank of the River Saint John, southeasterly by the County of Sunbury, northwesterly by the lower line of the Parish of Kingsclear and its northeasterly prolongation, and soutwesterly by the Parish of New Maryland, shall be a City Corporate in right and in name, by the name of The City of Fredericton, and shall have perpetual succession, and a Common Seal, with power to break, renew, and alter the same at pleasure, and shall be capable in law of sueing and being sued, and of purchasing and holding lands and tenements for the use of the said inhabitants, and of making and entering into such contracts and agreements as may |;)e necessary for the exercise of their corporate functions, and to do and execute every other matter or thing incident to such Corporation, subject to the provisions hereinafter men- tioned. 3. For the purposes of this Act the said City of Fredericton shall be and is hereby divided into five Wards, to be severally bounded as follows : — The first to be called Wellington Ward, and be bounded on the northeast, the southwest, and the northwest, by the limits of the City, and on the southeast by a line drawn along the centre of Northumberland Street and its prolongations : The second to be called Saint Ann's Ward, and be bounded on the northeast and the southwest by the limits of the City, on the northwest by Wellington Ward, and on the southeast by a line drawn along the centre of York Street and its prolon- gations : 14 V c 15] YORK. 225 The third to be called Carleton Ward, and be bounded on the northeast and the southwest by the limits of the City, on the northwest by Saint Ann's Ward, and on the southeast by a line drawn along the centre of Regent Street and its prolon- gations : The fourth to be called Queen's Ward, and be bounded on the northeast and the southwest by the limits of the City, on the northwest by Carleton Ward, and on the southeast by a line drawn along the centre of Church Street and its prolon- gations : The fifth to be called King's Ward, and be bounded on the northwest by Queen's Ward, and on the northeast, the southeast, and the southwest by the limits of the City. 4. The administration bf the fiscal, prudential, and muni- cipal affairs, and the whole legislative power and government of the said City, shall be vested in one principal officer, who shall be and be styled' the Mayor of the City of Fredericton, and in ten other persons, (and in no othet power or authority whatsoever,) two of whom' shall be annually elected for each Ward, and who shall be and be styled Councillors of the City of Fredericton, all of whom shall be severally elected as is hereinafter directed; and such Mayor and Councillors for the time being shall be and be called The City Council; and all bye laws made by the said City Council shall express to be enacted By the City Council of the City of Fredericton. 5. There shall be annually elected at the same time herein- after appointed for the election of Councillors, one officer for each Ward, who shall be and be called an Assessor ; and no person shall be eligible for that office unless he be resident in the Ward for which he may be elected, and qualified to the extent required by this Act in the case of a Councillcir. 6. N6 person shall at any time be qualified to be elected as Mayor, Councillor, or Assessor for the said City, unless at the time of his election he be resident within the said City, a British snbjeM, of the full age of twenty one years, and shall have been •assessed in the assessirtent next preceding such election for real or personal estate, or both, within the said City, to the value of two hundred and fifty pounds or upwards, and shall have paid before the time of such election all rates and taxes legally due from him within the said City. 15 226 YORK. [14 V c 15 7. No person shall be qualified to vote at any election for Mayor, Councillors, or Assessors, unless such voter be a British subject, and of the full age of twenty one years, and shall have been assessed in the assessment next preceding such election for real or personal estate, or both, within the said City, to the value of fifty pounds or upwards, or for income to the amount of twenty five pounds, and shall have paid before the time of such election all rates and taxes legally due from him within the said City. 8. The evidence required under this Act of assessment for property, and of payment of rates thereon, shall be a receipt from the City Treasurer, or from the Collector of rates, who is hereby required to furnish the same on demand, under the penalty of forty shillings for each refusal, which receipt shall contain a statement of the value of property or income assessed against the person therein named, and an acknowledgment that the rates due by such person in respect of such assessment have been fully paid. 9. No person shall be qualified to be elected to serve in the office of Mayor or Councillor, so long as he shall hold any office or place of profit in the gift or disposal of the City Council, nor during such time as he shall by himself or his partner, or in any other way or manner, directly or indirectly, have any share or interest in any contract or employment with or on behalf of the said City Council, nor shall any Minister or Teacher of any religious denomination whatsoever, nor any person accountable for the City revenues or any part thereof, nor any officer or person presiding at an election of a Mayor, Councillor, or Assessor, while so presiding, nor any Clerk or assistant em- ployed by him at any such election, while so employed, be elected to the office of Mayor or Councillor in the said City ; ■provided nevertheless, that no person shall be disqualified to serve as Mayor or Councillor as aforesaid, by reason of his being a proprietor or shareholder in any Company which shall or may contract with the City Council for lighting, supplying with water, or insuring against fire, any part of the said City ; provided always, that such disqualification shall not arise from holding any lease of land from the Corporation ; and no Councillor shall receive into his hands any moneys for and on account of any contract, work, or employment made, done, or 14 V c 15] YORK. 227 performed by or on behalf of, or by direction of the said Cor- poration, but all moneys due by the said Corporation on any such account shall be paid by the Treasurer of the City to the person or persons who shall have actually done such work, and shall be entitled to such moneys by, under, or for such contract, work, or employment, or to his or their order. 10. No person elected to serve as Mayor, Councillor, or Assessor, who is above the age of sixty five jears, or who shall have already served in or paid the fine for the non-acceptance of such ofiice within five years tiext preceding the day on which he shall be so elected, or who is a Member of the Legislature or of the Executive Council of this Province, shall be liable to a fine for the non-acceptance of such office ; and provided also, that no Military, Naval, or Marine Officer in Her Majesty's Service, on full pay, nor the Surveyor General, the Provincial Secretary, Clerks in Public, Civil, or Military Departments, the Postmaster General, nor his Deputies, nor Custom House Oflicers, Sheriffs, Coroners, Clerks and Commissioned Officers of the Legislature, nor the Clerk of the Executive Council, nor School Masters, shall be held or deemed liable to accept any such office as aforesaid, or any office in the said City. 11. Every person elected to the office of Mayor or of Coun- cillor, or of Assessor for the said City, within five days after receiving notice of his election, or if he be absent from the City at the lime of his election, then within five days after his arrival in the said City, and notice as aforesaid, shall accept the said office to which he shall be so elected, and take the oath of office, under a penalty of ten pounds currency for non-acceptance of the office of Mayor, or of five pounds for non-acceptance of the office of Councillor, or of three pounds for non-acceptance of the office of Assessor, and the election to any of the said offices shall be held prima facie evidence of qualification on the part of the person so elected, unless such person shall make oath before the Mayor for the time being, or before any Justice of the Peace for the County of York, who are hereby authorized to administer such oath, that he is not possessed of the quali- fication required by this Act, in some particular to be stated in such oath. 12. When any person duly elected to the office of Mayor, Councillor, or Assessor, shall neglect or refuse to accept the 228 YORK. [14 V c 15 same within the time limited, or to take the oath of office as aforesaid, the said office shall be deemed vacant, and shall be filled up by a new election, to be made in the manner hereiff- asfter ^jrovided for holding elections. 13. If any person holdingtheoffice of Mayor or of Councillor shall be declared bankrupt, or shall apply to take the benefit of any Act for the relief of insolvent debtors, or shall compound with his creditors by deed or other writing, or shall remove his place of residence without the limits of the City, or shall be absent frOm the City or from the meetings of the City Council for more than two months at any one time, except in case of illness, or by leave of the City Council first obtained, then and in every such case such person shall immediately be deemed and taken to be disqualified, and shall cease to hold bis office of Mayor or Councillor, and his place shall be filled up by a new election, to be made in the manner hereinafter directed for holding elections ; and in the case of such absence as aforesaid, he shall be liable to the same fine, to be recovered and applied in the same manner, as if he had neglected or refused to accept the said office as hereinbefore mentioned. 14. The first election for Mayor for the said City, after the passing of this Act, shall be held on the second Monday in May irl the present year ^ and the annual election for a Mayor as aforesaid, in all succeeding years, shall be held on the second Monday in March in each and every year. 15. The first election for two Councillors and one Assessor for each Ward of the said City, after the passing of this Act, shall be held on the last Monday in May in the present year ; and the annual election for two Councillors and one Assessor foi" each Ward as aforesaid, in all succeeding years, shall be held on the last Monday in March in each and every year. 16. Every election for Mayor, Councillors, or Assessors, to be held under and by virtue of this Act, after due notice as hereinafter directed, shall be held as follows, that is to say r For the election of Mayor, at one convenient place within the said City ; and for the er''Ction of Councillors or Assessors, in one convenient place in each of the several Wards thereof; and by and before such fit and proper persons as shall be appointed for the purpose by the City Council for the time being, or by the High Sheriff of the County of York in case J4 V c 15] YORK. 229 of the neglect or refusal of the City Council to make such appointments. 17. Public notice of the time and place for holding every such election respectively shall be given by the City Clerk, by publishing such notice in one or more of the public Newspapers printed in the said City, and by printed handbills in the several Wards, for not less than ten days previous to such election ; provided always, that the elections in the several Wards far ' Councillors and Assessors shall all be held on the same day and hour. 18. At every annual election to be held under and by virtue of this Act, and before the polling commences, which shall be al ten o'clock in the forenoon, there shall be nominated by duly qualified electors, out of the persons capable of being elected, including the Mayor, Councillors, and Assessors then in office, one or more persons for the office of Mayor, two or more persons for the office of Councillor in each Ward, and one or more persons for the office of Assessor in each Ward ; and no vote shall be counted except those given for one or some of the persons so nominated as aforesaid. 19. At all elections to supply extraordinary vacancies, there sh&ll be nominated in the manner hereinafter provided, and out of persons duly qualified, one or more persons according to the nature or number of vacancies so to be supplied, and the votes given for the persons so nominated only shall be counted. 20. All voting under this Act for election of Mayor, Coun- cillors, or Assessors, shall be by ballot and not by open vote ; and a separate ticket shall be given by each voter for eacl» office then about to be filled, but a blank ticket shall not in any case be counted as a vote ; and provided also, that if in sorting the votes it shall be found that two or more ballots are en- closed in the same cover, or if the name of the same person be more than once entered in the same ballot, or if any ballot shall contain a greater number of names of persons as desig- nated to any office than there are persons to be elected to such office, all such ballots shall be rejected in toto and destroyed, 21. At all elections to be held under this Act, the Court for nomination of candidates or persons proposed shall be opened at nine o'clock in the forenoon, by and before the officer or person appointed to hold such election ; and the poll shall open 230 YORK. [14 V c 15 at ten o'clock in the forenoon, and shall continue open until five o'clock in the afternoon of the same day, unless sooner closed as hereinafter provided ; and the name of each elector voting at such election shall be written in poll lists to be kept at such election, by the officer or person holding the same ; and after finally closing the poll for Councillors or Assessors at any such election, the officer or person by whom the same shall be held, shall forthwith proceed openly and publicly to ascertain and declare the number of votes given for each of the candidates or persons for whom votes shall then have been given, and he shall also then publicly declare the person or persons having the majority of votes in his or their favour to be duly elected as such Councillor or Assessor ; and the officer or person so presiding, whether otherwise qualified or not, shall give a cast- ing vote in cases where such casting vote may be necessary to determine the election of Councillors or Assessors. 23. The officer or person holding any such election shall not be bound to keep the poll open until five o'clock in the after- noon in any case where no more candidates have been proposed than may be necessary to be then elected, but in any such case the presiding officer may immediately after ten o'clock in the forenoon close the poll, and declare such candidate or candi- dates to be duly elected ; and provided also, that if no vote shall be polled or offered during any one hour at one time after twelve o'clock, then and in such case the presiding officer shall close the poll as aforesaid at the expiration of such hour, and proceed to ascertain and examine the votes given, and declare the persons elected in the manner hereinbefore directed. 23. The officer or person holding every election for Coun- cillors or Assessors as aforesaid, shall immediately after the close thereof make a return to the City Clerk of the names of the persons having the majority of votes and declared by him duly elected at such election. 24. The annual or other election for a Mayor for the said City shall be held as hereinbefore provided in some central and convenient place in the said City, where every duly qualified elector for the City, or as many as shall think proper, may give his vote for any one of the candidates or persons nominated for that office ; and at the final close of the poll as aforesaid, the officer or person holding such election shall examine the 14 V c 15] YORK. 231 state of the ballot, and the person who shall have received the greatest number of votes, if they amount to more than half of the whole number of votes given at such election, but not other- wise, shall be declared duly elected, and shall be as such returned by the presiding officer to the City Clerk ; or if no one of the candidates or nominees shall have received more than half of all the votes given at that election for the office of Mayor, the presiding officer shall forthwith after the close of the poll make a return to the City Clerk of the names of the persons for whom votes shall have been polled, and the number given for each, and the City Council, at their first meeting, which must be held within three days after the close of such election, may choose one out of all the persons for whom such votes shall have been given, and the person so chosen shall be deemed duly elected to the office of Mayor of the City, and in either of the foregoing cases a certificate of such election under the hand of the City Clerk shall be forthwith transmitted to the Office of the Provincial Secretary; but if the City Council cannot agree upon the person so to be chosen, the names of all the said candidates or nominees, and the votes polled for tSiem respectively, shall be forthwith submitted by the City Clerk to the Lieutenant Governor, who, by and with the advice and consent of the Executive Council, may and shall approve one of the said candidates or nominees to be Mayor of the said City. 25. The poll lists kept at every such election, and the receipts delivered in by the electors as hereinafter mentioned, shall on the day next after the conclusion of such election, (unless such day be Sunday, Christmas Day, or Good Friday, and then on the day next thereafter,) be delivered by the officers or persons holding the same to the City Clerk to remain in his office, where they shall be open for inspection to any elector on the payment of one shilling. 26. Every person duly elected or appointed to the office of Mayor, and accepting the same by taking the prescribed oath as by this Act directed, shall be and remain in office as such Mayor, with all the powers and responsibilities incident to such office, until he die or become disqualified as hereinbefore pro- vided, or until another person be sworn into office in his stead ; and if any person holding the office of Mayor be at any annual 232 YORK. [14Vcl5 election re-elected to the said office, it shalj not be necessary for him to be again sworn into office as such Mayor. 27. If any vacancy shall happen by the death or disqualifica- tion of the Mayor, or of a Counjciilor, or an Assessor, the Mayor, or in case of his absence, or if there be no Mayor, then any three of the Councillors, shall by order in writing, and within ten days after the vacancy shall have happened, {direct the City Clerk to give public notice as hereinbefore provided of the time and place when and where an election will be held to supply the said vacancy or vacancies, and such election shall be held in the manner proyided in and by this Act. 28. Every person desirous of voting at any election for Mayor, Councillor^, or Assessors, before he be permitted to vote shall deliver to the officer or person holding such election, a receipt from the City Treasurer or CpUector of rates, as provided jn and by the eighth Section of this Act, (unless such receipt be already filed in the office of the City Clerk,) and also, if required by the officer or person holding such election, or Ij^ any one of the candidates, or by any person duly qualified to vote at such election, shall make oath, or being a Quaker shall make affirmation, before the oificer or person holding such jelfictipn, in the fhrfn following, that is to say : — ' I, A- Bv do solemnly swear {or affirm) that I am a British ' subject, and of the full age of twenty one years, and that I ' am t]he person named in the receipt now exhibited {or hereto- ' fore given in) by me, and that the said receipt was given to ' me by the City Treasurer {or Collector of rates, as the case ' jp,ay be) whose name is thereto subscribed', and that I have ' not befoi'e voted at this Election;' — or if the Electiotf be for a Coiuncillor or jls^essor, the form shall be— ' and that I have ' not before voted in any Ward at this Election.^SQ help me ' God.' ^yhich oath or affirniation the officer or person holdiqg such election is herejby authorized to administer; and in every case ,wb|ere the elector sjiall have been sworn as aforesaid, the pre- siding ofiicer shall note in his poll boo^ that such elector h^d been sworn or had affirmed. 29. If any person shall knowingly swear or affirtp falsely in ^jEiking any or either of the oatl;is, or in making (h^ affirmations 14 V c 15] YORK. 233 prescribed in and by this Act, he shall be deemed guilty of wilful and corrupt perjury, and on conviction shall suffer the pains and penalties provided by law in the like cases. 30. At any election for Councillors or Assessors, every elector shall vote in the Ward in which he resides and not elgewhere, or if he be the owner of sufficient property in more than one Ward, and have paid his rates as aforesaid, he may make his option to vote in either or any of the Wards in which he shall have such property, but no person shall vote at any one election in more than one Ward. 31. Every officer or person holding any such elections for Mayor, Councillors, or Assessors as aforesaid, shall be and may be deemed a peace officer on that occasion, and shall have poweraud authority to maintain and enforce order and decorum, and preserve the peace at the election held by him, and to suppress all riotous and disorderly conduct thereat ; and all peace officers, and all others Her Majesty's subjects, are hereby required and commanded to be aiding and assisting him therein ; and every person neglecting or refusing to give such aid and assistance when thereunto required by such presiding officer, shall be taken and deemed guilty of a misdemeanor; and if any person or persons shall commit violence, or be engaged in 3riy affray or riot, or shall in any wise disturb the peace and order at such election in any manner whatever, or in any wise interrupt the poll, or the business thereof, or wilfully obstruct or threaten any person coming to vote, the officer or person holding any such election shall have power and authority, on view or on oath of one credible witness, (which oath the said officer or person holding such election is hereby empowered to administer,) forthwith to order such person into custody, or to cotnmit him to prison, should such officer deem it expedient, by warrant in writing, directed to the Sheriff or his Deputy, or to any constable within the City, or to the keeper of the gaol of the City ; which warrant such Sheriff, Deputy Sheriff, constable or gaoler shall and may, and he is hereby required forthwith to obey, under a penalty not exceeding ten pounds current money of this Province for disobedience thereto; pro- vided that such restraint or imprisonment shall not continue more than forty eight hours after the adjournment or dissolution of such meeting; and provided also, that the person or persons 234 YORK. [14 V c 15 so guilty of such disorderly or riotous conduct, or of disturbing or interrupting the poll in any way or manner whatever, as hereinbefore specified, shall be liable, notwithstanding such restraint and imprisonment, to be otherwise prosecuted and punished, as if no such arrest had been made. 32. The Mayor, Councillors, and Assessors, before entering upon the duties of their offices respectively, shall file with the City Clerk the assessment receipts given to tliem severally by the City Treasurer or Collector of rates, as hereinbefore pro- vided ; and shall also severally be sworn, or in case of Quakers, shall make affirmation, by taking and subscribing the oath of office as hereinafter prescribed ; and such oath or affirmation shall be administered to the Mayor by the Lieutenant Governor in the presence of two members of the City Council, or in his absence, by a Judge of the Supreme Court, or by the Secretary of the Province ; and the said oaths or affirmations shall be administered to the Councillors and Assessors by the Mayor in Council, being himself first qualified as aforesaid ; and a certificate that such oaths or affirmations have been duly made or taken shall be entered by the City Clerk in the Minutes of the City Council. 33. The oath of office to be taken as aforesaid by the Mayor, Councillors, and Assessors respectively, shall be in the following words, that is to say : — ' I, A. B., do solemnly swear {or affirm, as the case may be) ' that I am qualified as by law required for the office of ' to which I have now been elected ; that I am a British subject, ' of the full age of twenty one years ; that I am yet seized and ' possessed of the property for which I was assessed in the ' assessment last made in this City, or of property equal in value ' to the amount then assessed against me, or to the value of at ' least two hundred and fifty pounds currency; And I do swear ' {or affirm) that I will diligently, faithfully, and impartially, ' and to the best of my ability, discharge the several duties ' which appertain to the said office of while I hold the ' same. — So help me God.' And the title of the office held by the person so sworn or affirmed shall be filled in the several blanks in the aforesaid form. 34. If at any election, any person shall be elected as Coun- 14 V c 15] YORK. 235 cillor for more than one Ward of the said City, he shall within three days after receiving notice thereof make his option and declare for which he shall serve, or in his default the Mayor for the time being shall declare for which one of the said Wards such person shall serve as Councillor, and thereupon such person shall be held to have been elected in that Ward only, and in no other, and another election shall thereupon be held in the Ward or Wards for which such person shall not have elected, or not have been declared elected to serve, as in other cases of extraordinary vacancies. 35. At the annual elections to be held under this Act, all the officers whose term shall then expire shall be eligible for immediate re-election, if duly qualified in other respects. , 36. The Councillors and Assessors to be elected under this Act, shall severally go out of office on the day hereinbefore prescribed for holding the annual elections. 37. There shall be in each year four quarterly meetings of the said City Council, which shall be held on such days in each and every year as shall be provided by any bye law in that behalf. 38. It shall be lawful for the Mayor of the said City to call a special meeting of the said Council when and so often as he may deem proper, or upon requisition presented to him for that purpose, signed by any three members of the said Council, and in case of the death, disqualification, or absence of the Mayor, or if he shall neglect or refuse to call a meeting upon such requisition as aforesaid, it shall be lawful for any three members of the said Council to call such special meeting by a notice in writing addressed to each inember of the said Council, and signed by the Councillors who may call such meeting. 39. Notice in writing of all special meetings of the Council as aforesaid, whether called by the Mayor or by three or more Councillors as hereinbefore provided, shall be left at the usual place of abode of every member of the said Council three days at least before the day appointed for such meeting ; which notice shall be deemed a summons to attend such meeting, and shall specify the business to be transacted at such meeting; and in all cases of meetings called by the Mayor, such notice shall be issued by the City Clerk ; provided nevertheless, that if all the members of the City Council be present at any such 236 YORK. [14 V c 15 special meeting, the Council shall then be competent to deal with any matter of business, whether mentioned in such notice or not. 40. In all special meetings of the City Council to be bold under this Act, six members with the Mayor or Chairman shall constitute a Court for the purpose or purposes for which they had been convened as aforesaid, and a majority of the members present shall determine the questions and matters submitted for consideration ; and in all general meetings six members with the Mayor or Chairman, as hereinbefore mentioned, shall in all cases be competent for the dispatch of business; and it shall be the duty of the City Clerk at all meetings to keep a minute of the proceedings, in which he shall enter the names of the members who shall be present at the opening or during the con- tinuance of such meeting, and the persons whose names have been so entered shall be deemed and taken to be to all intents and purposes present at such meeting until the same shall be formally adjourned or dissolved by the presiding officer ; and the rules, orders, regulations, enactments, and decisions of such meeting shall not be deemed illegal or contrary to the true intent and meaning of this Act, notwithstanding some of the members shall withdraw therefrom previous to such adjourn- ment or dissolution. 41. At all meetings of the City Council, the Mayor of the City, if he be present, shall preside, and in case of his absence the Councillors present shall choose one of their own number to act as Chairman and preside at such meeting ; and the Mayor or Chairman so presiding shall not vote, except in case of equal votes, upon any question, and he shall then have a casting vote, and all meetings of the City Council shall be held with open doors. 42. The minutes of proceedings of all meetings of the said City Council to be held as aforesaid, shall be drawn up and fairly entered in a book to be kept for that purpose by the City Clerk, and shall be signed by the Mayor or Chairman presiding at such meeting; and the said Minute book shall be open, on payment of a fee of one shilling, to the inspection of all persons qualified to vote at the election of Councillors. 43. If any candidate or duly qualified elector be dissatisfied with the decision of the officer or person holding any election 14 V c 15] YORK. 237 under this Act, in any case relating to the return of a Mayor, Councillor, or Assessor, such candidate or elector shall, within ten days next after the day of such election, make application in writing through the City Clerk to the City Council, setting forth the cause of complaint, and demanding an investigation thereon; and the said City Council are hereby authorized and required to assemble, and examine and determine the matter of such complaint without delay ; but the Mayor or Councillor whose return or seat is in dispute shall not vote on the exami- nation of such complaint ; and if it shall appear to the City Council, by satisfactory evidence on complaint as aforesaid, that any person has been returned, and is serving as Mayor, Councillor, or Assessor, contrary to the provision of this Act, the said City Council shall declare his election to be void, and shall direct a new election to be held to supply his place, as in the case of other extraordinary vacancies. 44. It shall be lawful for the said City Council to appoint from and out of the members composing such Council such and so many Committees, and consisting of such number of persons as they may think fit, for the better transaction of the business before such Council, and for the discharge of such duties as by the said Council may be prescribed, but subject in all things to the approval, authority, and control of the said Council; and in all questions coming before any of such committees, a majority of the members present shall determine such questions, provi- ded that a majority of the persons composing such committee be present. 4.5. If at any meeting of the said City Council to be held under this Act, any member of the City Council shall be guilty of grossly violent or improper conduct, or shall make use of language indecent or profane, or insulting to the presiding officer or to any member of the Council present at the meeting, the City Council, if seven members in all, or more, besides the offender, be then present, and concur in the sentence, may expel such offending Councillor from the City Council, or another medting may be specially summoned to adjudicate upon the subject, the time and object of such meeting being previ- ously notified in writing to every member, or be left at his usual place of abode, as in the case of other special meetings, and if eight members at least, including the offender, be present at 238 YORK. [W V c IS such special meeting, the Council so assembled shall have power, after due trial and proof of the offence, (in such manner as may be determined at such meeting,) to punish the offender by reprimand, fine, or expulsion, as any seven of the members then present shall think fit; provided that in the case of expul- sion, the person so expelled shall forthwith cease to be a member of the City Council, and forfeit all rights, powers, and privileges enjoyed by him as such, and the Mayor shall imme- diately order a new election to supply the vacancy occasioned by such expulsion as in the case of other extraordinary vacan- cies ; and provided also, that in case a fine shall be imposed, the same shall in no case be more than five pounds, to be recovered with costs, in the name of the City Treasurer, who is hereby authorized and required to sue for the same before any competent Court in a summary manner, in which a certi- ficate under the hand of the City Clerk shall be conclusive evidence of the defendant's liability, which certificate the said City Clerk is hereby authorized and required to furnish without fee or reward. 46. Any meeting of the City Council to be held under this Act may be adjourned from day to day for three days in the whole and no longer. 47. At the first meeting of the City Council after every annual election, or at any subsequent meeting, the said City Council, if they see fit, may nominate and appoint from time to time out of respectable citizens of the said City a City Clerk, who shall also be the law adviser of the City Council, (and vpfaose duties and responsibilities in relation to the said City and to all the officers to be appointed within the same, and to every of them, shall in ail respects be the same as the duties and responsibilities of the Clerk of the Peace of any County in this Province,) an Auditor, a City Treasurer, a City Marshal, a Clerk of the Market, and so many Constables, Surveyors of Roads, Collectors of Rates, Pound Keepers, Harbour Master or Wharfinger, according to the true intent and meaning of this Act or any bye law ; and to define the duties of such officers, and their respective terms of office, which, except in the cases of the City Clerk and Treasurer, shall not be longer than one year, unless they be re-appointed ; and the City Council may also remove or displace any of the said officers and appoint 14 V c 15] YORK. 239 others in their stead, and to impose penalties for the non-per- formance of duties, or other misdoings of such officers, and to cause such penalties to be levied and recovered by distress or otherwise as such Council may direct, and shall grant and allow in any year, by stated salary or otherwise, to the City Clerk and other officers so to be appointed as aforesaid, such allowance or other compensation for their services as the said City Council may think fit ; provided that no person shall be capable of acting in any office to which he may be appointed by the City Council until he shall have been sworn, or have affirmed (if a Quaker)' before the Mayor of the City, that he will diligently, faithfully, and impartially, and to the best of his ability, discharge the several duties appertaining to the office to which he has been appointed, so long as he shall hold the same. 48. No person shall be capable of acting as City Clerk, Wharfinger, Collector of Rates, or in any other office or capacity accountable for the City revenues., or any part there^ of, until he shall have entered into a bond to the City of Fre- dericton, with two sufficient sureties, to be approved by the City Council, in such form and for such penal sums as the .Mayor shall approve, or any bye law prescribe, conditioned to account for and pay over to the City Treasurer all moneys received by him on behalf of the said City; and provided also, that the City Treasurer, before entering upon the duties of his office, shall enter into a bond to the City of Fredericton, with two or more sureties, to be approved by the City Council, in the sum of five hundred pounds, conditioned for the faithful performance of the duties of his office. 49. The Treasurer of the said City shall receive all rates, taxes, assessments, fines, penalties, imposts, or other moneys payable by the inhabitants of the said City, or received for and on account of the revenues of the said City under and by virtue of this Act, or of any bye laws to be made by the City Council by the authority of the same. 50. The said City Treasurer shall not pay out any moneys as such Treasurer otherwise than upon an order in writing of the Council of the said City, to be signed by the Mayor, or in his absence, by the Councillor presiding at any meeting of the Council when such moneys were ordered to be paid, and countersigned by the City Clerk or City Auditor. 240 YORK. [14 V Its 51. It shall be the duty of the City Council to publish in one or more of the Newspapers published in the City, one month before the annual election of Mayor and Councillors in each year, for the information of the citizens, a full and detailed statement of the receipts and expenditure of the Corporation during (he past year ; and in every such statement the different sources of revenue, and the amount received from each ; the several appropriations made by the Council, the objects for which the same were made, and the amount of moneys expended unde/ each; the moneys borrowed on the credit of the Corporation, the authority under which each loan was made, and the terms on which the same was obtained, shall be clearly and particularly specified ; together with the amounts of all assessments ordered and made, the several purposes of such assessments, the amount actually received under such assessments, and a detailed account of the application thereof; and such statements and accounts shall be made up to the thirty first day of December preceding such publication in each year, signed by the Mayor and Auditor of the City for the time being'. 52. All Boards, Commissioners, and officers appointed to act under the authority of the said City Council, and entrusted • with the collection or expenditure of any moneys' btelongirtg to the said Corporation, shall be accountable therefor l!o the said' City Council, in such manner as may be ordained and directed by the bye laws and ordinances of the said City Council; and the books of accounts of the said Corporation, shewing the amounts, particulars, state and circumstances, and also t'he receipt and expenditure of the property, funds, taxes, aiid effects and fees belonging and accruing or payable to the said Corporation, or any of its officers, and a full and particular account of the same, shall be deposited and kept in the office of the City Clei'k, and shall be there exhibited for the inspection and examination of eVery elector of the City who may. Within the usual office hours on any business day, apply to inspect and see the same, on payment of one shilling for every such inspec- tion or search. 53. The said City Council, in addition to thegetieral powers of making bye laws for the gobd government of the sai^ City, and the other powers incident thereto, specially conferred in 14 V e 15] YORK, 241 and by the provisions of this Act, shall, in the manner herein- after mentioned, have the solte power and authority from time to time to make, ordain, enact, revise, alter, and amend such laws as they may deem proper for the several purposes following, within the said City, that is to say : — 1st. For regulating weights and measures in the public markets and all other places within the said City, according to the lawful standard, and to authorize the seizure and destruction of such as are not according to the standard, and to impose fines or penalties on the owner of or person using such defective or fraudulent weights or measures, beams, scales, or other devices for weighing : 2nd. To regulate and manage the market or markets, and to establish and regulate market days and fairs : 3rd, To regulate the manner of selling, weighing, and measuring butcher's meat, fish, vegetables, grain, hay, straw, and fodder, and to grant licences for the due weighing and admeasurement thereof: 4th. To restrain and regulate the purchase and manner of selling of vegetables, fruit, country produce, poultry, and all other articles and things, or of animals openly exposed for sale or msirk^ted : 5th, To FestraiQ and regulate the purchase of such thiiigs by hucksters and runners living within the City less than one mile from the outer limits thereof: 6th, To regulate the measurement of coal, lime, salt, grain, boards, cordwood and other fuel, clapboard^, shingles, laths, and other lumber, and to impose penalties for light weight or short count or measurement in any thing marketed : 7(h. To regulate all vehicles, vessels, and other things in which any thing may be exposed for sale, or marketed in any street or public place, and to seize and destroy all tainted and unwholesome meat, poultry, fisli, or other articles of food, and to impose and recover such reasonable penalties as may be deemed proper upon the person or persons e*posing far sale such taitited or unwholesome articles within the said City : 8th, To regulate the assize of bread, and provide for the seizure of bread baked contrary thereto, and to impose penaN ties upon the person so baking contrary to the provisions of any bye laws to be made in that behalf: 16 242 YORK. [14 V c 15 9th. To regulate the anchorage, lading, and unlading of vessels and other craft arriving at the said City : 10th. To regulate and provide for the erection, management, and rent of wharves, piers, quays, landings, and docks in the said City, and the toll to be paid for vessels and steam boats touching thereat or using the same, and to prevent the filling up or encumbering the River Saint John within the said City, or impeding the free navigation thereof, and to regulate and establish ferries within the limits of or belonging to the said City: llth. To regulate carters, wagoners, and cartmen ; the price to be paid to them for hauling loads in the said City, and the quantity to comprise a load : 12th. To enforce the due observance of the Sabbath : 13th. To punish Vice and immorality, and indecency in the streets or other public places within the City ; 14th. To preserve peace, health, and good order : 15th. To prevent the spreading of infectious or other dis- eases : 16th. To prevent excessive beating or other cruel and in- human treatment of animals : 17th. To prevent the sale of any intoxicating drinks to children, apprentices, or servants, without the consent of their lawful protectors : 18th. To impose penalties on the keepers of low tippling houses frequented or visited by dissolute and disorderly persons, where spirituous liquors are not sold ; 19th. To licence, regulate, or prevent billiard tables, bowling alleys, or other places of amusement : 20th. To restrain or suppress gambling houses, and to enter into them and seize and destroy rouge et noir and roulette tables, and other devices for gambling : 21st. To restrain and punish all vagrants, drunkards, men- dicants, and street beggars : 22nd. To restrain or to regulate the licencing of all exhi- bitions of natural or artificial curiosities, and all theatres, circuses, or other shows or exhibitions for hire or profit, and for preserving quiet and order thereat : 23rd. To establish and regulate one or more pounds, and the fees to be taken thereat : 14 V c 15] YORK. 243 24th. To restrain, regulate, or prevent the running at large of horses, cattle, swine, goats, sheep, dogs, geese, and poultry, and to impound the same : 25th. To impose a tax on the owners orharbourers of dogs, and to regulate and prevent dogs running at large, and to provide for killing such as are found so running at large con- trary to any law or bye law, after public notice given : 26th. To abate and cause to be removed all public nuisances, and all filth or encumbrances in the streets : 27th. To regulate the construction of privy vaults and sinks on private property : 28th. To cause vacant lots in central situations, when they become nuisances, to be properly enclosed at the cost and expense of the owner, and to recover such expenses, with costs, in a summary manner : 29th. To regulate and pi;event the erection or continuance of slaughter houses, distilleries, tanneries, and manufactories or trades which may be or be likely to become nuisances : 30th. To prevent the ringing of bells, blowing of horns, shouting, and other unusual noises in the streets and other public places : 31st. To purchase, enclose, plant, lay out, and adorn any public square, park, or parade for the \ise of the City, and to make and ordain rules for the government and preservation thereof, and to impose penalties and punishments by fine or imprisonment, or both, for the violation or non-observance of such rules : 32nd. To prevent the injuring or destroying of trees planted within any of the streets or public grounds of the said City: 33rd. To prevent immoderate driving or riding within the City : 34th. To establish bathing houses, and prevent or regulate bathing in the River Saint John or any public water in or near the said City : 35th. To regulate and licence owners of livery stables, or other owners of horses or carriages letting out the same for hire or profit, and also porters, butchers, and hucksters : 36th. To establish and regulate a Police for the said City, and take up and arrest, or order to be taken up and arrested, all rogues, stragglers, idle and disorderly persons, and order 244 YORK. [14 V * 15 them to be set to work on the streets, or committed to the work house or common gaol for such term not exceeding ninety days at any one time as shall seem meet ; 37th. To provide for the proper keeping and management bf any hbuse of refuge, hospital, Work house, bridewell, or house of correctionj that may be erected or established in the said City, and ako to provide for the erection or establishment of any such houses of refuge, hospitals, work houses, bride- wells, or houses of correction, as they may deem necessary for the public welfai-e : 38th. To erect, preserve, and regulate public cisterns, reservoirs, and other conveniences for the supply of good and wholefeohae watier^ or for the bxtingiiishing of fires, and t& make reasonable charges for the use thereof: 39th. To establish, make, and riegulate public fountain^) pumps, and Wells, and to prevent the waste and fouHUg of public wat-er : 40th. To prerent or regulate the firing of guns oi- other fire arms : 41st. To prevent or regulate the firing or setting off of squibs, fireballs, crackers, or other fireworks : 42nd. To prevtent or regulate the keepinig or transporting of gunpowder, or other combustible or dangerous substances : 43rd. To prevent or regulate the use of fire, lights, or Candles in livery or other stabks, and in cabinet makers' and carpent'ers' shops, and in other places where combustible sub- stances are kept, and to prevent or punish the uSfe of pipes and cigars : 44th. To regulate the carrying on of manufactories or trades dangerous in idailsing or promoting fires : 45th. To regulate and require the safe keeping of ashes in proper deposits : 46th. To provide for the security, safety, and advantagie of the inhabitants by such rules and regulations and restrictions as they iViay deem expedient, to be observed by all persoi^^ in the erection of buildings to be built within the populous pai-ta of the said City: 411^ To regulate the construction of any chimney, fliife, fire place, stove, oVen, boileri. or other apparatus or thing in iany house, manufactoryj or business, which may be dangerows in causing or promoting fires : 14 V 15] YORK. 245 48th. To enforce the proper sweeping or eleaniMg; of chimneys: 4.9th. To regulate the number of fire buckets to be provided by the several inhabitants, and the time and manner in which they shall be so provided ; and also to provide for the exami- nation of such buckets, and the use of them at fires : 50th. To regulate the conduct and enforce the assistance of the inhabitants at fires, and for the preservation of property thereat : 51st. To make regulations for the suppression of fires, and tlie pulling down or demolishing adjunct houses, and remune'- rating the owners thereof in certain circumstances: 52Hd. To compel the owners or occupiers of houses to have ladders leading to ^nd on the roof of such houses : 53rd. To establish and regulate engine, fire hook, ladder, and property sajriog companies, and to provide and afiTord ex- emptions and immunities to the officers and members thereof: 54th. To provide for the purchase of such and so many fire engines as they may deem necessary : 65th. To p^rovide for the payment of such, premium or re- ward for early attendance of wagons or other vehicles with water at fires, as to the said City Council may from time to time seem expedient : 56th. To appoint from time to time such and so many persons to be firewards as the said Council may think proper, and to enact rules and regulations prescribing the duties of such firewards : 57lb. To regulate the management and provide for the se- curity of the public property of every kipd belonging to the said City, and to provide for the permanent improvement of the said City in all matters as Wiell ornamental as useful : 58th. To provide for the erection, preservation, and security of lamp posts, sig^ boards, and other fixtures within the City : 59th. To provide for defraying out of the funds of the said Ci^y, if it be deemed necessary, the expense of lighting the same or any part thereof with gas, oil, or trther substances, and for the performing of any kind of work required for the purpose of supplying th(B said City with gas, oil, or other substance, and for coraip^lli'Qg the proprietors or occupiers of real propejity to allow such work to be iqm,a.ad to permit such fixtures as may be nece;9sary to be placed i» and abolJtth^ir premises, such 246 YORK. [14 V c 15 work and fixtures to be at the cost and expense of the City; and to provide for the erection of all works connected with such lighting, or that may be necessary to furnish a supply of gas, oil, or other substances, for the inhabitants of the said City: And generally to make all such laws and ordinances as may be necessary and proper for carrying into execution the powers herein vested, or that may hereafter be vested in the said City Council, or in any officer or department of the same, subject to the limitations with respect to penalties contained and pre- scribed in and by this Act. 54. The said City Council shall have and they are hereby invested with the sole and exclusive power to open, lay out, regulate, repair, amend, and clean the streets, lanes, and alleys now existing, or that may hereafter be found necessary within the said City, and of such parts of highways and bye roads (if any) as may be within the limits thereof ; and of putting or building drains, sewers, culverts, and bridges therein, and to prevent the encumbering of the same in any manner, and to protect the same and every part thereof from encroachment and injury, by such bye laws and ordinances as the said City Council may from time to time enact and establish for the pur- poses aforesaid ; and for making, flagging, planking, macada- mizing, paving, raising, repairing, lighting, watching, planting, and draining any or any part of the streets, squares, commons, lanes, alleys, walks, side walks, crossings, roads, bridges, wharves, docks, slips, and shores, now laid out or erectedj or hereafter to be laid out, executed, or erected within the limits of the said City; and to regulate or prevent the encumbering, injuring, or fouling of the same by any animals, vehicles, vessels, crafts, lumber, building, or other materials or things, in any way or manner whatsoever; and to make, ordain, and enforce bye laws and regulations for the confiscation, sale, removal, or destruction of any such encumbrances or any such nuisance, and to impose penalties on the owners or persons placing the same in such places, and to levy and recover the same by dis- tress and sale of goods, or to award punishment therefor, by the imprisonment of the party ofi«nding, as may seem discreet and proper in the respective cases ; and to regulate the break- ing of the roads and streets of the said City in the winter, and 14Vcl5] YORK. 247 to require the owners of horses, sleds, and other teams to assist thereat, and the putting of poles in the ice on the River Saint John in front of the said City ; and to provide for erecting, making, or repairing any common sewer, drain, flagging, posts, or pavement of stone, deal, plank, or other material, in any public street, square, or place, and for assessing the proprietors or lessees of such real property as will be immediately bene- fited by such improvements, and to regulate the time and manner in which such assessments shall be collected and paid; and for directing and causing the removal at any time of any erections, projections, or obstructions whatsoever, which may project into or over any public street, square, or road, at the expense of the proprietors, or of the occupants of the real pro- perly in or near which such erection, projection, or obstruction may be found ; provided that nothing in this Act contained shall extend or be construed to extend to authorize the opening of any streets, roads, or highways through the private property of any person or persons without complying with the provisions of any Act or Acts of this Province for providing for the award- ing of damages to any person or persons who may be injured thereby. 55. It shall be lawful for the said City Council, at any meet- ing or meetings to be held as hereinbefore provided, to direct the raising, assessing, levying, collecting, and applying such moneys as may be required for the execution of the powers with which the said City Council is hereby invested, and for maintaining a good and efficient system of Police, in such manner as may by any bye law of the said Council be provided, either by imposing tolls and rates to be paid in respect of any public works, or in respect of any other matter or thing within the said City, or by means of any rate or assessment to be assessed or levied on real or personal property, or both, within the City, or upon the owners or occupiers thereof in respect of such property, or upon the income of the inhabitants of the said City derived from any trade, profession, or calling within the Province, or upon the poll of the inhabitants, or upon the sale of goods by public auction within the said City, or upon the capital stock or other trading capital of any Bank, Banking Company, Insurance or other trading or joint stock Company or Corporation, or upon the agencies of Foreign 2<8 YOR^. {14 V c 15 Companies, being Companies vvbose^prinpipal place of busineg^ is not within tbis Province ; provided that not more money in the «Fhole than ^ve hundi-^d pounds shall in any one year be assessed or levied, or be collected and raised from the sai^ City, whether by rents of property or otherwise, ip any way or manner whatever, by authority of the said City Council, over and above such amount as may be necessary for the relief of the poor, the support of the fire department, lighting the City, and making and repairing the streets and roads ; and provided also, that it shall be lawful for the said City Council, an4 ^bey are hereby reffuired to e;Kempt from the payment of rates fpr the support of the :fire department, lighting the City, pr for any other object of a purely local nature, the inhabitants of that part of the said City lying below the lower line of land now owned and occupied by William Payne, and its south- westerly prolongation ; and in rear of the line dividing the thir4 and fourth ranges of pasture Ipts, and its prolongation southeasterly, to intersect the line first mentioned, and north- westerly to the lower line of the Parish gf Kingsclear ; and provided also, that the City Council may at their discretion remit so much of the rates imposed upon mills and other manufacturing establishments iijvitbin the said Ciiy as they shall deem JHSt and reasonable- S6. Immediately aft^r the annual election of Assessprs as hereinbefore provided, and after they have beep sworn mtio ofiice, the said assessors phall give public notice of tfieir appointment in one pr more pf the public Newspapers printed within the said City ; and any inhabitant or person owning property in the said City, may at any time within forty days after tlie date of jHch notice, give in to the said assessors, or any one of them, a statement pf his property and income, in thp manner prescribed by the Act relating tp the government pf Cpunties, Towqs, and Parishes.; and the assessors, if gUioh statpniept be attested befpre a Justipp pf ,the Peace, or the Mayor, who are severally herpby autbpf ized to p.djgaip^tei'JUQb oatli, shall e^tim^te or assess the property and income of ^Ufgj^ person at the ampunt pi^ptipped in such statement, and po more ; and the assessors, at the expiration of forty days as aforesaid, shall proceed to assess or appraise the real and personal estate pf the several inhabitants of the Cit3^i and of U WclSI yoRX. 249 non-residents baving property therein, and the income of the said inhabitants derived from any trade, profession, or calling within the Province, (but not from real or personal property,) and shall file with the City Clerk a roll or list of such assess- ment, to be prepared in such form as the City Council may determine. 57. Whenever the said City Council may order any sum of money to be raised by rates or assessment upon the City as aforesaid, they may appoint one or more of the assessors then in office to make the apportionment of such rates according to the list so filed by the assessors with the City Clerk. 58. The said City Council, by any bye law to be made for that purpose, shall :have power to regulate the time and manner pfcqllecting the rates upon any assessment within the said City, and itp allow a reasonable discount for the prompt payment of ^Ucb rates before the list or hook shall be placed in the hands of the collector, and to establish a summary method for recovering the rates due from defaulters residing within the City, by Writ in the nature of a levari facias, in the manner used for recovering fines from jurors for non-attendance ; provided that no such process ^hall issue for the recovery of rat^s due by any person rated and residing within the said City, until at least ten days after a printed or written notice shall have been delivered to such person, or left at his dwelling house or last known place of abode, either with his wife or some adult member of his family, if any such can be found ; which nptice shall contain a statement shewing the several amounts assessed pr rated against such person, and the time at which the same is to be paid, nor until the default shall be made to appear by the affidavit of the collector or other satisfactory testimony. 59. If any person residing within the said City, and rated therein, shall not have any property whereon to distrain for the rates due and not paid by him, it shall be lawful for the Mayor, by warrant under his hand and seal, to cause such person to be committed to the common gaol until the said rates be satis- fied ; provided however, that no person who may be so com- mitted to gaol for default in the payment of rates, shall be detained more than one day for every two shillings of the amount assfiftsed, and of the costs directed to be levied, nor more than 250 YORK, [14Vcl5 fifty days in the whole, if the amount exceed five pounds; and every person so committed shall be entitled to his discharge at the expiration of such time, but the execution or process shall remain in full force and effect as against the property of such person for the space of two years from the date thereof; and provided always, that no person under arrest for non-payment of rates as aforesaid, shall be deemed entitled to the benefit of the gaol limits. 60. When any person assessed as a non-resident shall have a known agent in the said City, the notice hereinbefore provided to be delivered to residents, shall be delivered to such agent, in respect of the rates assessed against his principal ; and if such non-resident shall not have any known agent in the City, the City Clerk shall cause a list to be published in the Royal Gazette, containing the names of all such non-residents, (who have no known agents,) and the amounts due from them respectively, and such publication shall be continued for three months, excepting the names of those who may sooner pay the amounts due from each of them, with their respective propor- tions of the expenses. 61. The collector, at the end of such three months publication, or delivery of the notice to an agent as aforesaid, shall make application to the Mayor, under oath, setting forth the assess- ment and default ; and the said Mayor is hereby authorized, by warrant under his hand and seal, to direct the Sheriff or a Coroner of the County of York, to sell at public auction to the highest bidder, (first giving thirty days notice of such sale in the Royal Gazette,) so much of the real estate of the person named in such warrant, as in his judgment may be sufficient to pay such assessment, with all the costs and charges attending the recovery thereof, retaining the overplus (if any) for the use of the owner ; and the said Sherifi^ or Coroner is hereby autho- rized and directed to make such sale, and to execute a deed to the purchaser of such property, his heirs and assigns, and to deliver seizin and possession thereof to such purchaser. 62. Any person believing himself over-assessed, or otherwise aggrieved by any assessment made in the said City, or the agent of any non-resident assessed as aforesaid, may appeal to the City Council at any time within twenty days after notice as hereinbefore provided shall have been delivered to him, or 14 V c 15] YORK, 251 left at his last known place of residence; and the City Council shall have power to give such relief as they shall deem just and equitable, by adding the name of such person to the assessment list, or in case of over-assessment, by either ordering a deduction to be made from the amount of rates then assessed against him, or by an order that the assessors in the next succeeding year shall make the said deduction from the amount which otherwise would be assessed against the appellant in such succeeding year, and in the latter case the amount so to be deducted shall be entered in the assessment roll as a deduction for overcharge in the previous year, 63, Any rate or assessment with which any lands, tenements, or hereditaments within the said City may be legally rated or assessed, may be exacted and recovered either from the owner of the property so rated or assessed, or from any person occupying the same, or any part thereof, as a tenant or other- wise ; and when any such rate or assessment shall be paid by any tenant not liable to make such payment by the terms of the lease or other agreement under which he holds or occupies such property, such tenant may deduct or set off the sum so paid by him from the rent payable by him in respect of the enjoyment or occupation of the property so rated and assessed, or may recover the same, with costs, from the said owner, by action in any competent Court, 64; All debts that from and after the passing of this Act shall become due and payable to the said Corporation, for or by reason of any rate or assessment assessed or imposed upon any real or personal property, or both, within the said City, or upon the owners or occupiers thereof in respect of such pro- perty, shall be privileged debts, and shall be paid in preference to all other debts excepting debts due to the Crown, and shall in the distribution of the proceeds of property, whether personal or real, of any person liable to pay any such debt, be so held, considered, and adjudged in all Courts of law or equity, and all Surrogate Courts, and by all Commissioners or other persons having jurisdiction in Bankruptcy in this Province ; provided always, that such preference shall not extend beyond the amount of the rate and assessment due for two years, that is to say, the amount due for the then current year and the year next preceding ihe same. i 252 YORK. [14 V c 13 65. If in any assessment as aforesaid it shall happen that property belonging to one person shall be assessed against another person, or if the name of any person liable to be assessed shall have been omitted in the assessment list, or if any error shall occur in the addition, extension, or apportion- ment of any part of the said list, it shall be lawful for the said assessors to correct such errors and supply such omissions at any time before another assessment is made for a similar purpose. 66. No assessment or rating shall be deemed illegal, although the sum total of such assessment may exceed the amouEtt ordered to be raised, if such excess do not amount to more than ten per cent, in the whole. 67. From and after the passing of this Act, all the powers nested in the Court of General Sessions for the County of York in and by the sereral J^cts of the General Assembly of this Province for regulating Tavern Keepers and Retailers, shall be transferred to and vested in the said City Council, so far as such laws may be applicable to the City of Fredericton ; and the Mayor and each several Councillor for the time being of the said City shall have full power and authority to do any act or thing in respect of the said Acts within the said City, which are in the said Acts directed or permitted to be done by a Justice of the Peace ; provided that all penalties or fines imposed and recovered within the City for violation of the said laws, and all moneys exacted for granting licence to tavern keepers or retailers, (whi«h shall not in any one case exceed the sum of fifteen pounds for twelve months) shall be paid to the City Treasurer for the use of the said City ; and provided also, that no General or Special Sessions fo;r thie County of York shall have power to grant any tavern, retail, or othe? licence, or to n^ake any rules or regnlations respecting the same, to be in force within the said City. 68. Nothing in this Act contained shall be construed to authoritse the City Council of the said City to interfere with the arrival or departure, or the lading or unlading or mooring of vessels, boats, or other craft, except ferry boats, or with the landing of wood, timber, or other lumber, on the northeaatern shore of the River Saint John, or within five hundred feet from the line of low water mark thereon, or to impose any 14 V c 15] YORK. 253 restriction thereon ; provided that nothing herein contained shall in any way impair or diminish the municipal rights of the said City within the limits thereof. 69. All the rights, powers, and authority which at any time were vested in the Justices of the County of York by an Act made and passed in the ninth year of the Reign of Her present Majesty, in respect of certain lands within the said City which were exchanged with the Ordnance Department, and by another Act passed in the tenth year of the same Reign^ in respect of the same lands, shall be and they are hereby trans- ferred to the said City Couficil, who shall have, enjoy, and use the same in as full and ample manner as could be done by the said Justices if this Act bad not been passed ; and all leases or other agreements in respect of such lands) made by the said Justices, shall be deetned to he made by and vrith the authority of the said City Cour^cil, without atiy assignment thereof or attornment to thfe said City Couneil. 70. AH lands within the City which have not beretofore been granted by Her Majesty or Her Royal Predecessors to any person or body corporate, or reserved by the Crown for any special purposei are hereby vested in the said Corporation of the City of Fredericton, in as full and ample manner as if the same had been conveyed by Grant from Her Majesty, but no prescriptive appropriation or user, or reputed userj of any tract of land within the City by the inhabitatits for a road shall be affected by this Act. 71. The Justices of York in General Sessions and the City Council shall annually agree upon the amount to be paid by the said City towards the expense of administering justice in the said County, which for the said City shall not exceed the proportion that the populatidn of the City bears to that of the County, and the City Treasurer shall pay over to the Treasurer of the County of York the amount that may be so determined as aforesaid. 72. In any action or bthet proceeding at law or equity, or otherwise, in which the said City shall be a party, or concerned^ no citizen or officer of the said Corporation shall in consequence thereof be deemed an inconi'petent witness t>r juror, but the iobjectiori shall go to the credit only of such person as a witness. 73. The Grand Jury for the County of York shall also be 254 YORK. [14 V c 15 deemed the Grand Jury or Inquest of the City, and shall have the full powers vested by law in Grand Juries, except in the inspection of accounts, the approval of assessments, salaries,' and fees, and in the regulation of the fiscal affairs of the said City. 74. In all matters of a criminal nature the jurisdiction of the Court of General Sessions or any Special Sessions of the Peace, and of Justices of the Peace, and of the Grand Jury as Grand Inquest of the County, shall continue in full force with- in the said City as if this Act had not passed, except in cases where by this Act, or by any bye law to be enacted by authority thereof, the cognizance of such criminal matters has been vested in the said Corporation, or in some of its officers ; and the said General or Special Sessions, Justices, or Jurors, shall have no power to interfere directly or indirectly with any of the fiscal, prudential, or municipal affairs of the said City. * 75. The Mayor of the said City, during his continuance in office, shall be and be deemed, within the limits of the said City, a Justice of the Peace in and for the County of York, and shall have, use, and exercise the same and the like powers and authority within the said City, as if he had been nominated and commissioned a Justice of the Pea:ce ; provided alwaySj that his authority as such Justice shall not extend beyond the limits of the said City. 76. The several Councillors of the said City, while in office as such, shall also be and be deemed Justices of the Peace in the same manner and to the same extent as is provided in the case of the Mayor. 77. The Mayor for the time being of the said City, shall also be and be deemed a Justice of the Inferior Court of Com- mon Pleas in and for the County of York, and shall have and use all the powers and privileges incident to such office. 78. The City Council may ordef such amount of salary (not exceeding fifty pounds per annum) as they may see fit, to be paid to the Mayor ; and all fees or costs accruing from the per- formance of his duties, except the fees to be received by him as a Justice of the Common Pleas, shall be paid to the City Treasurer for the use of the said City. 79. The High Sheriff, and the Register of Deeds and Wills for t he County of York, and such and so many of the Coroners 14Vcl5] YORK. 255 of the said County as shall be resident in Fredericton, shall be respectively High Sheriff, Register of Deeds and Wills, and Coroner or Coroners in and for the said City ; and the common gaol of the County of York shall be deemed and taken to be the common gaol of the said City. 80. For the purposes of assessments within the said City, the President or other chief officer, or the Cashier, Agent, or Manager of any Company or Corporation, shall be deemed and taken to be and assessed as the owner of its capital stock ; provided always, that such assessment shall be made separate and distinct from the proper assessment of such Presidenti chief officer, Cashier, Agent, or Manager ; and the name, style, or firm of any co-partnership in trade or business shall be entered in the assessment roll as assessed for the property or income of such co-partnership, and the assessed amount may be recovered from and levied upon any member of such co-partner- ship; and in case of mortgaged property, the party in posses- sion shall be deemed the owner for the purposes of assessment ; and the form of the assessment roll, and the construction of the terms "real estate" and "personal estate," shall in all res- pects be the same as prescribed in an Act made and passed in the thirteenth year of the Reign of Her present Majesty, intituled An Act to consolidate and amend the Laws relating to the local government of Counties, Towns, and Parishes in this Province. 81. All fines, penalties, or forfeitures to be recovered by the provisions of this Act, or by any of them, or by virtue of any bye law to be made and enacted under the authority hereof, shall and may be sued for, recovered, and enforced on the oath of one or more credible witness or witnesses, before the Mayor of the said City and any one of the City Councillors, and in case of the sickness or absence of the said Mayor from the said City, before any two of the said Councillors, who are hereby authorized and empowered to be, and are hereby constituted a Court for the trial of all complaints, suits, prosecutions, or controversies arising under this Act, or the said bye laws, or any of them, within the limits of the said City, and to which any fine, penalty, or forfeiture is or shall be attached by virtue of this Act or of any such bye law ; and such fine, penalty, or forfeiture may be levied and recovered by warrant of distress of SSe YORK. [M V e tS the offender's goods and chattels, under the h^nds aiid seals df the said Mayor and City Councillor ; find iii defaalt of payment of such fine, penally, or forfeiture, or for want of sufficient? goods and chattels of the offender whereon to le^y such fine, penalty, or forfeiture, together with costs and the charges of distraining and selling the same, to commit the oflfender or offenders to the common gaol or house of correction ftfir such period not exceeding six months, as the said Mayor atid City Councillor shall direct; and all such complaints, suits, prose- cutions, Or controversies shall be prosecuted by summons or Warrant, in the discretiofl of the said Mayor and City Councillor, in the name of th6 City Treasurer, or any oiie of the CouncillOFSf flot engaged in the suit and trial of the cause, and the proeetiil- irjgs shall be liitd iioee, and coftducted in a summai'y way, and regulated by the provisions of an^ct made and passed in thei twelfth year of the Reign of Her present Majesty, intituled An Act to facilitate the ferfotmanc^ of the duties of Justices of the Peace out of Sessiotii, within this Pfovincd, with respent to sumthary cdnVietivfis and ord&rs, so far as the same are ap- pficable to and not altered by the provisions of this Act ; and judgment shall be given as the very right of the matter may appear, without regarding technical objections, imperfection^,- or defects which do iiot affect the substantial justice of the case^ 82. And whereas by reason of the assessment upon thte inha-^ bitants of the said City for the year of our Lord one thousand eight hundred and fifty having been made and ordered but a short time before the passing of this Act, it ^ay so happen that the whole amount thereof may not have been paid in and Satis- fied by the time at which the first elections of Mayor and Coun- cillors and Assessors are directed to be held rn and by the thirteenth and fourteenth Sections of this Act, whereby iriany persons, without having made default, might be deettied and) taken to be disqualified from voting, 6r from being candidate^ at the said elections ; for prevention wheYeof, — For the pur- poses of the said Si's* eledtions only, the payment of the rates assessed for the ye^r of our Lord one thousand eight hundred and forty nine shall ill all cases be deemed to be s^ch a pay- tnetit of taxes as shall be safficient to constitute the qualtfisa-^ tion of voters or eandidate's under the provisions of the sixth and seveflth Sections of this' Act, in so far only nevertheless ai^ 14 V c 17] YORK. 257 the payment of taxes is enacted and declared to be a part of such qualification, any thing in this Act contained to the con- trary thereof in any wise notwithstanding. 83. In the construction of this Act, the words " Lieutenant Governor" shall be understood also to mean the person admi- nistering the Government of this Province for the time boing ; any thing directed to be done or received by the City Clerk, shall bo understood to be done or received legally when done or received by such person as may be appointed to act as such for the time being ; the masculine gender, when used or occur- ring in this Act, shall be held also to include the feminine gender ; and the pliiral number shall be held also to include the singular number, except where such construction might imply a legal or evident contradiction; and all the provisions of this Act shall, if necessary, be so construed together as best to render them operative and effectual for the purposes intended. 14th Victoria — Chapter 17. An Act to authorize the issue of Treasury Debentures to raise money for the purpose of being loaned for rebuilding a part of the City of Fredericton destroyed by fire in the month of November one thousand eight hundred and fifty. Section. Section. 1. Loans, when and to what amount may 8. Interest, how and when paid on Deben- be made. v. < . , . tures. 2. Commissioners appointed to superintend 9. When payment of principal, &c , may Loans, and powers of. be.enforced. 3. Bonds, how to be talien. 10. Expenses of application, &c., how se- 4. Debentures, when to be delivered. cured. 5. Bonds, where to be registered. 11. Debentures, how cancelled. 6. Debentures, by whom prepared. 13. Forgery of Debenture, how punished. 7. Bonds, with whom to be lodged. 13. Debentures, to be in what form. Passed ^Qth ^pril 1851. Whereas the erection of fire proof buildings in that part of the City of Fredericton destroyed by the conflagration in November last, is an object of general interest, not merely to the actual sufferers, but also to the community at large, as tending to the security of life and property, and the stability of mercantile affairs : And whereas the expense of fire proof materials is such as to place them beyond the immediate reach of many responsible persons, from whose landed property or other resources, nevertheless, an eligible and competent secu- 17 258 YORK. [14 V c 17 rity might be obtained for such loan as may be extended to them : And whereas it is deemed expedient to authorize the issuing of Treasury Debentures for the purpose of creating a valuable security, to be distributed and applied towards the erection of such buildings, under certain restrictions, provisoes, and limitations hereinafter set forth ; — Be it therefore enacted, fyc. — 1. There be and there is hereby granted to the Lieutenant Governor or Administrator of the Government for the time being, a sum not exceeding twelve thousand pounds, to be raised as hereinafter mentioned, and loaned on good securities to such of the sufferers by the said conflagration, or to the owners in fee or the lessees of the several lots of land within that portion of the City of Freder- icton destroyed by fire on the eleventh day of November last, who may require a loan or loans of money, and make appli- cation for any part thereof under the regulations and according to the provisions hereinafter enacted. 2. It shall and may be lawful for His Excellency the Lieu- tenant Governor or Administrator of the Government for the time being, by and with the advice and consent of Her Majesty's Executive Council, to appoint three or more fit and proper persons to act as Commissioners for the purposes of this Act, to whom all applications for loans under the provisions of this Act shall be made; that every such application shall be in writing, subscribed with the name of the applicant and hi§ proposed co-obligor; that it shall particularly specify and describe the situation and extent of the real estate, lands, tenements, and hereditaments which will be affected by the bonds or obligations proposed to be given, the existing encum- brances, if any, and the value, with a description also of the lot, piece, or parcel of land on which the contemplated buildings are proposed to be erected, its situation, extent, and encum- brances, if any, the tenure by which it is held, and a particular description of the buildings and improvements which the applicants propose and intend to erect thereon ; and it shall be the duty of the said Commissioners carefully to investigate the said security, to examine the public records, and to ascertain by every means in their power whether the securities offered by the said applicants are sufficient to warrant a loan, and to' what amount, and to deliver to the said applicant or applicants 14 V c 17] YORK. 259 a report of the same in writing, undorthe liands of such Com- missioners, or a majority of them, with a recommendation of the amount to be loaned to such applicant or applicants, in no case to be more in amount than two thirds the estimated value of the securities, and no loan to be made to any applicant or applicants exceeding the sum of five hundred pounds ; and it shall be the duty of such Commissioners at the time of deliver- ing such report, to require from the applicant or applicants a security by bond for the repayment^of the amount specified in the said recommendation, as hereinafter directed ; and also a further bond to Her Majesty, executed by the applicant and one approved surety, in a penal sum double the amount of the sum so recommended to be loaned, and conditioned that the said applicant or applicants, or his or their assigns, shall erect or build upon the lot, piece, or parcel of land described in such bond, a building externally composed of fire proof materials, and covered with a roof of slate, metal, or tile, corresponding with the description set forth in the original application hereinbefore mentioned. 3. The money bond to be taken by the Commissioners as aforesaid, shall be taken in the name of Her Majesty, Her Heirs and Successors, in double the amount of the sum recom- mended to be loaned, and conditioned for the payment of the said sum when thereto demanded, and for the payment of the legal interest, payable and to be paid annually to the Treasurer of the Province for the time being, at his office at, Saint John, or wheresoever the same may be held ; and it shall be the duty of the said Commissioners forthwith to file such bonds in the office of the Secretary of the Province. 4. It shall and may be lawful for His Excellency the Lieu- tenant Governor or Administrator of the Government for the time being, by and with the advice and consent of Her Majesty's Executive Council, upon receiving such application, with the report and recommendation of the said Commissioners, or a majority of them as aforesaid, and their certificate that the, hereinbefore mentioned bonds have been made, executed, and delivered to the satisfaction of the said Commissioners, and by them lodged in the office of the Secretary of the Province,^ after examination and approval of such bonds,, to issue his warrant to the said Treasurer of the Province, directing the 260 YORK. [14 V c 17 issue of a debenture or debentures to the amount recommended« to be delivered by such Treasurer to the partj applicant, or to his order. 5. The bonds to Her Majesty to be niade and taken as aforesaid, shall, upon due and legal proof, be recorded in the office of the Registrar of Deeds and Wills of the County or Counties in which the lands tp be affected thereby are situated ; and such bonds and securities shall bind the buildings and other property erected by jJie money loaned, in addition to the real property of the respective obligors or persons giving such securities. 6. It shall and may be lawful for the Treasurer of the Province, and he is hereby required when thereunto directed by order of the Lieutenant Governor as hereinbefore mentioned, to prepare, make, and issue, or cause lo be prepared, made, and issued, Treasury Debentures not exceeding in the whole twelve thousand pounds currency, payable at the expiration of ten years after the day of the date thereof, with interest, pay- able annually, at the rate of six per centum per annum ; and the said debentures shall be numbered according to their classes, in numerical order, beginning in each class with the number one, and be issued in the classes and the numbers following, that is to say : — Class A. — Sixty Debentures of one hundred potmds each. Class B. — Thirty Debenturesof two hundred pounds eacb. 7. The said bonds and obligations^ after the same shall have been duly recorded as hereinbefore provided, shall be deposited in the office of the Treasurer of the Province, and it shall be the duty of the said Treasurer, and he is hereby required from time to time annually as the same falls due, to colleet the interest due upon< the money bonds, and account for the same as for other public moneys connng into his hands. :, 8. The interest accruing upon the said Treasury debentures! shall be paid annually by the said Treasurer out of any moneys in the Treasury, upon the production of the said debenture* respectively at the Treasurer's office, and the interest thereott' paid shall be endorsed thereon, and a receipt for the same^ referring to t|ie proper debenture, delivered to the Treasurer as his voucher for the payment thereof. 9. It shall and may be lawful for the Lieutenant Governor 14 V c 17] YORK. 261 or Administrator of the Government for the time being, by and with the advice of Her Majesty's Executive Council, at any time after the expiration of nine years from the date of the bonds authorized to be taken by virtue of this Act, to direct the Treasurer of the Province to call in and enforce the pay- ment of the principal and interest due upon the same, twelve months notice of such requisition having been first given in writing to the respective obligors or their legal representatives, Oir published during that period in the Royal Gazette of this Province. 10., The amount of costsv- charges, and expenses attending the application to be made under this Act, shall be defined and settled by His Excellency the Lieutenant Goi ernor in Council, and a scale or schedule thereof shall be delivered to such Commissioners as maybe appointed under the same; and if the party or parties applicants shall not secure or deposit the amount to the satisfaction of such Commissioners, no proceed- ings shall be by them taken on. such applications. 11. All Treasury debentures mentioned in this Act, which shall from time to time be paid off and discharged, shall be cancelled and made void by the party holding the same ceceipting the several debentures, by stating the amount of the principal and interest received on the same, and writing his- or their name or names thereupon in words at length ; and after such debentures shall be so paid ofi^, the Treasurer of the Province for the time being shall make report thereof to the' Lieutenant Governor or Administrator of the Government for the time being, for the purpose of being laid before the House of Assembly at its then next Session, and after the accountai of the payment of the said debentures shall be audited and allowed, the said debentures shall be burnt or destroyed as being of no further use. 12. If ahy person or persons shallforge, counterfeit, or alter any of the said debentures to be issued' and made by virtue of this Act, he, she, or they, on conviction thereof; shall be deemed guilty of forgery, and liable to all the pains, penalties, and forfeitures legjally. consequent thereom 13. The aaid Treasury, Dfibanturea shall be in the fpllowing fwetdnthAt is, to say : — 262 YORK. [14 V c 17 Class Number 'treasury D'epartment, Province of New Brunswick. Whereas by virtue of an Act of the General Assembly made and passed in the fourteenth year of the Reign of Queen Victoria, intituled An Act to authorize the issue of Treasury Debentures to raise money for the purpose of being loaned for rebuilding a part of the City of Fredericton destroyed hy Fire in the month of November one thousand eight hundred and fifty, hath made apjjlication for aid under the provisions of the said Act to erect a building or buildings, of fire proof material, on the lot, piece, or parcel of land situated in Fredericton afore- said, and described as follows : — ; which application has been approved of according to law, and a Treasury Debenture to the amount of hath been awarded to him as the Act directs ; Now, therefore, this Debenture is chargeable on the moneys which may be in the Treasury of the said Province, or which may be paid into the same on or after the day of which shall be in the year of our Lord one thousand eight hundred and for the said sum of together with interest which may be due thereon at and after the rate of six per cent. ; the said interest to be paid annually, agreeably to the provisions of the said Act; the said principal and interest, or either of them, to be paid to the said , or to such person or persons as he {or she) shall authorize to receive the same. — Given under iny hand this day of in the year of our Lord one thousand eight hundred and Province Treasurer, Debenture, £, Annual Interest FORM OF TRANSFER. Ij, \the person named in the within Debenture,^ do hereby authorize or such person as he shall appoint, to receive the amount of the withiii Debenture and interest thereon. FORM OF RECEIPT. Received from Province Treasurer, the sum of being one year's interest on Treasury Debenture, Class , Number , up to the day'of one thousand eight hundred aqd 16Vc23] YORK. 263 16th Victoria — Chapter 23. An Act to authorize the sale of the Alms House Property in the County of York. Section. 1. Interest of Pariali in Alms House, how ■'^ . , Jisposf d of. M > 9. Notice of meeting. 3. Report of proceedings: Section. 4. Report, before whom leJid. 5. On sale, how properly to be conveyed. 6. Application of proceeds, 7. Meetings of rate psyers. Passed \Uh Jlpril 1853. e that the inhabitants of the several Whereas it is desiral Parishes in the County of\York, having an interest in the Alms House property in the said County, should be authorized to dispose of their rights therein ; — Be it therefore snacted,ISfC. — 1. Upon a requisition signed by twelve rate payers upon property in any Parish in the said County interested in the iLlms House, the Parish Clerk shall call a public meeting of thi ratepayers upon property resident in such Parish, and who siall have paid the rates legally due from them in such Parish, lo consider the propriety of disposing of the interest of the i|nh| bitaots of suffch Parish in the Alms House. 2. Thirty days notice (|"ihe time and place of such meeting shall be given by publijcatffin thereof in a Newspaper published in the County, and by hafdhills postpd up in six public places in such Parish. 3. The Clerk of tlie Barish shall preside at such meeting, and if it shall be determined by the majority of such rate payers upon property then preint, that a sale of the interest of such Parish in the said Alnis House should take place, then the said Clerk shall forthwith transmit to the Clerk of the Peace of the County a report of the proceedings of such meeting, signed by a Justice of the Peace of the County, it of the due publication of the said him, and sworn to befo together with an affid notices. 4. The Clerk of the after the receipt of an eace shall at the next General Sessions such report, or at any Special Session to be called for that pu|pose, lay before such Sessions the re- ports so transmitted fc him, and it shall be lawful for the Justices in ?UQh SessioA to order to be sold at public auction to the highest bidder thelnterest of one or more such Parishes. 5. Upon any such saletocing made, and the purchase money paid or secured to the Jus%es of .the Peace of the said County, ^H YORK. [16 V c 40 such Justices shall convey 1 1 the purchaser thereof, by deed in the name of the Justices of the Peace of the County of York, all the right, title, and interest of any such Parish in the said Alms House, and the land ttfereto belonging ; and any such con- veyance being duly executed under the Seal of the General Sessions of the said Count!, signed by the Chairnjan presiding- at such Sessions, and coutJersigned by the Clerk of the Peace, and proved in the mannej provided for the proof of deeds of Corporations, may be rogetered in the office of the Register p^ Deeds and Wills for the siid County, and shall vest in the pur- chaser thereof all the right, title, and interest of the said Justices, either at law or in equity, in the said property, so far as relates to the said Parish in respect to which such sale shal^ have been made. 6. The proceeds of th^sale of the said property shall be p^id to the County Treasurer for the public use of the respective Parishes authorizing suc| sale ; provided nevertheless, that no such proceeds shall be paM by the said Trea,surer to any persqp until the full amount acmially due Joseph Fleming, as Aim^ House Keeper, (if any an the time of such sale,) be first paid off and discharged. 7. If the rate payers present at any such meeting, called for the purpose of this Act, c»inot agree to dispose of the interest of the Parish in the Alms House, or if no contract can be made by the Justices for such salfe, it shall be lawful for the respec- tive Clerks of the Parishes,\s often as occasion may require, to call other public meetingsVor that purpose, in the mannej directed in the first and second^Sections of this Act, and tlj^ same proceedings shall be had thereon as directed for such first meeting. 16th Victoria — Chapter 40. An Act to authorize and empower the Justices of the " iPeace of the County of York to raise bj loan a suffi- cient sum of money to enable them to erect a new Court House in the said County. Section. Section. 1. What loan Justices may raise for new 4. ASiesament, for what «um«o pay oCjoan. Court House. , , 5. Asaesbuient, how applied iu pajiing loan, S. Moneys, by whom disbursed. '" > &c.'^ -' < '•"- frn-J' >) .> 3. Holders or debentures, what interest to 6. County Treasurer, how remunerated. 16 V c 40] VOKK. 265 Passed 3rd Map 1853. "VV^HEREAa a new Court House is required in the County of York: And whereas it is expedient to authorize the Justices of the Peace for the said County to raise by loan a sum not e}(ceedin<^ three thousand pounds to be applied to the erection pf such Court House ; — Be it therefore enacted, Sfc. — 1. It shall and may be lawful for ^he Justices of the Peace for the said County, at any General or Special Sessions of the Peace to be holden for the said County, to raise by loan a sum of money not exceeding three thousand pounds, for the purpose of erecting, a new Court House for the use of the said County, to be paid off and dis7 charged in the manner hereinafter mentioned, the same to be taken oxi loans of not less than fifty pounds, and Debentures in the following form, or to that effect, shall be prepared apd de- livered to the person or persons from whom such loan may be obtained, viz : — |!fjU,mber County of York, ss. These are to certify, that [here insert name, residence, and addition of lender] hath lent and. advanced to the Justices of the Peace for the said County of York, the sum of pounds currency, which sum is payable to him, {or her, as the case rnay he) together with la,wful interest, pursuant to an Act of Assembly made and passed in the sixteenth year of the Reign of Her present Majesty Queen Victoria, intituled An Act to authorize and empower the Justices, of the Peace of the County of York to raise by loan assujjcient sum of money to enable them, to erect a new Court Mouse in. the said County of York. — Dated the day of in the year of our Lord one thousand Qigh!« hundred and fifty By order of the Sessions. C. D. Clerk. A. B. Justice of Common Pleas. Which said debentures shall be signed by one of the Justices of the Inferior Court of Common Pleas and of the Peace for the said County, and countersigned by the Clerk, and shall be respectively numbered according to the time at which the same may be made and issued, and a memorandum thereof shall be subtnitted by the Clerk at the next General Sessions, and the same to be entered oh the Minutes of the said Court. 266 YORK. [16Vc46 H. The moneys so authorized to be borrowed by the said Justices, shall from time to time be paid to and received by the Treasurer of the said County, and shall be paid out by hini from time to time when required, by order of the General or Special Sessions, in such sums as may be necessary for the purposes of this Act ; and the said County Treasurer shall at every General Sessions of the Peace for the said County, render a just and true account, and on oath if required, of the sums of money received and paid by him on this account, separate and distinct from his other accounts. 3. The holders of such debentures shall be entitled to receive interest for the same annually, not exceeding six per cent., to be paid bj the Treasurer of the County out of the assessments hereinafter mentioned, upon the orders of the said General Sessions, to be made in manner hereinafter mentionedii 4. It shall and may be lawful for the said Justices of the Peace for the said County, and they are hereby authorized and required, to make a rate and assessment, not exceeding the sum of five hundred pounds in the present year, and a rate and assessment of a like sum in each and every succeed- ing year, besides the charge for assessing and collecting, for paying off and discharging the loans contracted for the plirpose hereinbefore mentioned by virtue of this Act, until the same shall be paid off; the said several sums to be assessed, levied, and collected in such proportions, and in the same manner as any other County rates for public charges can or may be assessed, levied, and collected, under and by virtue of any Act or Acts of the Assembly made or to be made for assessing, levying, and collecting County rates for public charges as aforesaid, and when collected shall be paid into the hands of the said County Treasurer for the purposes of this Act. 5. The moneys to be assessed as aforesaid, shall from time to time be applied, after discharging the yearly interest due on the several principal sums mentioned in the said debentures, in due order, according to the number, beginning with number one, and said County Treasurer shall, when so often as he may be directed by the said General Sessions of the Peace, give one month's public notice by advertisement in one of the Newspapers published in the City of Fredericton, for calling in such and so many of the debentures as the said Justices are 17Vc45] YORK. 267 prepared to pay off, specifying the numbers in such advertise- ment, and the same by and under such orders as aforesaid shall pay off accordingly, and from and after the expiration of such notice, the interest on such debentures shall cease. 6. The said County Treasurer shall be entitled to the sum of one pound five shillings per centum for his services on receiving and paying all the moneys ordered to be assessed by and under the provisions of this Act, and no more. 17th Victoria — Chapter 45. An Act to provide for the establishment and management of a Boom or Booms in the County of York. Section, Section. 1. General Sessions, when may licence i. General Sessions may make regulations Booms. respecting Booms and Bobmage. 2. Boomage, liow to be recovered. 5. Not to interfere witli any existing Cor- 3. Manager of Boom, who to appoint. poration. Passed 1st May 1854. Be it enacted, &fc. — 1. The General Sessions of the Peace in and for the County of York may, upon application from a majority of the persons interested in the timber and other lunqber coming to market through any creek or small stream within the said County, grant a licence to one or more persons to erect a boom across such creek or stream, at or near its mouth, for the purpose of securing timber, logs, and other lumber, not however to interfere with the navigation thereof; and in all cases where necessary, the said boom to be so con- structed as to admit thepassage of rafts and boats at all suitable or reasonable times ; provided however, that no such licence shall authorize or empower any person to enter in and upoti the lands or tenements of any person whomsoever without the con- sent of the owners or lessees thereof first obtained in writing. % The tolls or boomage shall be recovered from the owner of the timber, masts, spars, and other lumber, by action of assumpsit, in the name of the proprietor of the boom, or of the boom master, or the boom master shall have a lien on the said timber, masts, spars, and other lumber therefor, and may retain the same or as much thereof belonging to any owner as will pay the boomage in respect to the lumber of such owner; and after ten days notice to such owner or his agent, served per- sonally or left at his dwelling house, or if he be absent from the ?68 YORK. |nVc45 Pro vinee, inserted in some Newspaper published in Fredericton, and algo posted up on some jrublic place near the boom, may ?ell at public auction as much of the said lumber as will pay the hoomage and expenses of sale, returning the; overplus: (if any) to the owner. 3. The proprietQr of a boom may employ any one of th^ boom masters appointed for the Parish in v^hwh such, boom is situated, to manage such boom. 4. The General Sessions of the Peace for that purpose holden in and for the said County of York, may establish the rates of tolls, and make the necessary rules for the guidance of the boom ma,stcr, and for the management of the boonsi, and coUeet^ ing together, securing, and] rafting the timber, mastSr spars, and other lumber. 5. This Act shall not authorize the Sessions or any person whatsoever to interfere with the privilege of any person or Corporation empowered to establish any boom, or with the privilege of ?.uph. Boom Corpo^^Uoqi. 58 G 3 c 18] CHARLOTTE. 269 ciijlssi:,otts:. 58th George 3rd — Chapter 18. An Act to empower and authorize the Justices of the Peace of the County of Charlotte to lease a certain piece of Common Laud in the Parish of Saint Andrews, and to invest the proceeds towards the support of the Poor of the said Parish. 1 Section 1. — What land Justices may lease, and proceeds how to appropriate. Passed lUh March 1818. Whereas a certain piece of land situated in the Parish of Saint Andrews, in the County of Charlotte, was- granted by Letters Patent under the Great Seal of this Province to the Justices of the Peace for the County of Charlotte, in trust for the benefit of the inhabitants of the Town of Saint Andrews, which said piece of land contains ten hundred and fifty two acres, and is bounded and described as follows, to wit : — Begintiing' at the northeasterly bank or shore of the River Saint Croix, at the southwesterly corner or bounds of lot number thirty eight in the third tract or division of the grant to the Penobscot Association, thence running along the southeasterly line of the same l6t northeasterly, until it meets the westerly line of a public road laid off parallel to the westerly or rear line of the lots in the second tract or division of the grant aforesaid, and four poles distant therefrom, thence along the westerly line of the said road, parallel to the rear line of the said lots in the second division of the said grant, southeasterly, until it meets the northeasterly line of a Reserve made by the Surveyor General of Woods, thence along the said line of the said reserve, northwesterly, until an extent of twenty chains of four poles each is completed, thencn along the northwesterly line of the said reserve twenty two chains parallel to the northwesterly line of the Town plat of Saint Andrews, thence along the northerly line of the said reserve north seventy four degrees west, until it meets the northeasterly bank of the River Saint Croix, thence along the said bank, up stream, to the bounds first mentioned : And whereas, from the extent of the said tract or parcel of land, a large portion of the same lies in a wilderness state, and is altogether unproductive to the inhahi- 270 CHARLOTTE. [5 G 4 c 10 tants of the said Town of Saint Andrews, but if leased, would be a public benefit ; — Be it therefore enacted, Sfc. — 1. The said Justices of the Peace for the County of Charlotte be and they are hereby authorized and empowered, by good and sufficient leases, to grant and to farm-let such part, not exceeding eight hundred acres, of the hereinbefore described tract or parcel of land, as they in their discretion may think fit, for any term not exceeding twenty one years, and to appropriate the proceeds arising therefrom towards the support of the poor of the said Parish of Saint Andrews. ff^t^ 5th George 4th — Chapter 10. Act to provide for making Rules and Regulations for the management of the Poor House in the Parish of Saint Andrews. Section. Section. 1. CommiBGioners for Poor House, how ap- 3. Commissioners, what regulations may pointed, &c. make^and how p,unish for disobedience. 2, Commissioners, powers respecting poor. 4, Assessment, how to be made for poor. 5. Profits of work, how accounted lor. Passed Wih March 1824. Whereas a Poor Ho/se has been erected in the Parish of Saint Andrews, in the (County of Charlotte, for the use of the Poor of the said Parish ^^A^nd whereas, under proper rules and regulations, the said Po(y House may be of great advantage to the inhabitants of the/Parish; — Be it enacted, Sfc. — ^Tk^The Justices of the Peace for the" County of Charlotte, in thyr first General Sessions of the Peace annually, be and they anp hereby authorized and empowered to appoint so many fit peKjons, not exceeding seven, nor less than five, (not more than twa of whom shall be Justices of the Peace of the said County,) As they shall think fit, to be Com- missioners for the superiinending and managing the Poor House in the Parish of S»int Andrews, in the County afore said, who shall be sworn to rl^ faithful discharge of their duty ; and for neglecting or refusinglto qualify and perform the same, they shall be subject to the s^me fines and penalties as Parish ofiicers are by virtue of my Acts made or hereafter to be made for the appointment «f Town and Parish officers in the several Counties in this Province. 5 G 4 c 10] CHARLOTTE. 271 2. It shall and may Be I appointed in pursuance of TJde such materials and th for the setting to work and vful for the Commissioners to be ns Act, from time to time to pro- ngs as they shall judge necessary, iploying such poor persons, of what age or sex soever they hi, who may apply for relief, and shall be capable to work, and' &hall have power and authority, at their discretion, to compelsuch idle or poor people begging or seeking relief, as do not betake themselves to some lawful employment, or who do or sha(J hereafter seek and receive rsaio fore mentioned, or who may d Parish, to dwell, inhabit, ouse, and to do all such work id fit for, and shall have the ildren apprentices, as are by 'to the Overseers of the poor es. to be appointed as aforesaid, alms of the said Parish hereir stand in need of relief from th and to work in the said Poor as they shall think them able same powers to bind out poor the laws of this Province given, in the several Towns and Par: 3. The said Commissioner shall have power to make suchtoules, orders, and regulations, for the good government and rolanagement of the said Poor House, as they shall find necessawy, (such rules and regulations to be approved of by the Justices in their General Sessions,) and to inflict such correction anfi punishment, by splitary con- finement or otherwise, from tim^o time, as to them shall seem reasonable, on any person or pVsons within the said Poor House who shall be set to work aiM shall not conform to such rules, orders, and regulations to be|made as aforesaid, or shall misbehave in the same. 4. The said Commissioners sha of the Peace to be holden for tl; before the Justices in their said audited by the said Justices, of the^xpenses incurred by them for the support and maintenance o| the poor of the said Poor House for the past year, togetbel with an estimate of what sum or sums of money will be neeiful for the maintenance or employment of the poor of the aid house for the current year; which sum or sums of monAr shall be assessed, levied, and raised in such manner and form as by the laws of this Province is or shall be appointed Jhil directed, and when raised and received, shall be paid to th^said Commissioners, for the use aforesaid, and for no other. at the first General Sessions said County annually lay essions, an account, to be 272 CHARLOTTE. [5 G 4 c 20 5. The profits of any Worb^or labour to be performe;! under the direction of the said Gflui/inissiohers, shall be duly accounted for by them, abd shall jjc^applied towards the support and maintenance of the pe/sons inhabiting within the said Pooir House. IXote.—See Local Acts for York, 10 & 11 G. 4, c. 20.] 5th George 4th — Chapter 20. An Act to authorize the Justices of the Peace for the County of Charlotte to assess the inhabitants of the Parish of Grand Manan for the erection of a Lock-up House in tlie said Parish. Section. Section. 1. XiOck-up liouse for Grand Manan, how S. What persons may be committed to lock- erected, up liouse. 3. Assessment for, how levied. Passed \llh March 183S. Whereas by reason of the great distance of the Island of Grand Manan from the Shire Town, and the risk, incon- venience, and expense of the removal of persons from thence totheCounty gaol, the ends of justice are frequently obstructed, and sometimes altogether frustrated ; for remedy whereof, — B& it enacted, ifc.^-\. His Blajesty's Justices of Peace for the said County of Charlotte, or the major part of them at any General Sessions of the Peace, be aiid they are hereby authorized and empowered to contract and agree with able and sufficient workmen for building and finishing a lock-up house or house of correction at Grand Manan, in the said County, and to agree for such sum or sums of money as to them may seem meet in order to carry this object into effect ; and the said Justices, or the major part of them at their General Sessions as aforesaid, are hereby authorized and empowered to make rate and assessment upon the inhabitants of the Parish of Grand Manan, for a sum not to exceed one hundred pounds, for defraying the expense of the erection and finishing the said lock-up house or house of correction, and from time to time to make such rules and regulations for the management of the said lock-up house or house of correction, as to them may seem meet. 2. It shall and may be lawful for the High Sheriff of the 5 W 4 C 72] CHARLOTTE. 273 said County, or for any other officer having legal custody of any person or persons who shall or may be arrested on the said Island of Grand Manan, or on any of the Islands adjacent to the same, in all cases in which the said Sheriff or other officer could legally lod^|e the said person or persons in the common gaol of the said County, to commit the said person or persons to the said lock-up house or house of correction, until the said person or persons can be removed to the said County gaol ; provided always, that no person under civil arrest shall be detained in such lock-up house or house of correction for any space of time exceeding twenty days. 3. The said sum of one hundred pounds so to be assessed, shall be assessed, collected, and paid agreeably to any Acts in force for the assessing, collecting, and levying of County rates. 5th William 4th — Chapter 22. An Act to authorize and empower the Justices of the Peace for the County of Charlotte to lease a part of the Public Landing at Salt Water in the Parish of Saint Stephen. Section. Section. 1. Landing nt Saint Stephen, what part S.' Justices may erect Market House, &c. Justices may lease. on the premises ; for whose benefit. Passed \1th March 1835. Whereas a certain piece of land, beach, and flats, situate in the Parish of Saint Stephen, in the County of Charlotte, was granted by Letters Patent under the Great Seal of this Pro- vince to the Justices of the Peace for the County of Charlotte, in trust fbr a public landing in and for said Parish ; which said piece of land is bounded and described as follows, to wit : — Be- ginning at a post placed in the southwestern boundary line of the garden lot numbered one in Jones' division of the Town plat of Saint Stephen, at the northwestern angle of Aaron Upton's wharf, thence running by the magnetic needle north sixty five degrees west one chain (of four poles) and ninety five links along the said boundary line to the southeastern side of the public street, thence along the line of the said street south twenty five degrees west seventy two links, thence along the bank, bounded by the public wharf, to the northwestern side of said street, thence south twenty five degrees west three 18 274 CHARLOTTE. [4 V C 10 chains and five links to the shore of the River Saint Croix at low water mark, thenee along the line of the said low water mark till it meets a line running south twenty five degrees west from the place of beginning, and thence along said line north twenty five degrees east four chains and forty five links to the place of beginning : And whereas improvements might be made upon the said public landing which would be beneficial to the said Parish ; — Be it enacted, ifc. — 1. The said Justices of the Peace for the County of Charlotte be and they are hereby authorized and empowered, by good and sufficient leases, to grant and to farm- let such part of the said public landing as they in their discre- tion may think fit, for any term not exceeding twenty years. 2. The said Justices of the Peace for theCounty of Charlotte are hereby further authorized and empowered to erect on the said premises a public market house, and such other buildings or fabrics as may from time to time be deemed necessary to be erected for the accommodation thereof, and also to erect thereon such wharves, stores, and other fabrics as they shall from time to time deem expedient and beneficial to the said Parish of Saint Stephen; the< proceeds, profits, and income of every kind whatsoever, which may be derived from the said public landing, and thebuildings, erections, and improvements thereon, shall be appropriated for the benefit of the Town or Parish of Saint Stephen. 4th Victorian-Chapter 10. An Act to provide for more eflfectually repairing the Streets and Bridges in a pact of the Parish of Saint Stephen. . Section. Section, 1. What money to be pai^ in lieu of Btatate 2. How levied and paid over. ' labour iu Saiiit Stephen. Passed \9lh March 1841. Be it enacted, i{C. — ^1. AH persons liable to perform labour on the streets and highways in that part of the Parish of Saint Stephen, in the County of Charlotte, which is included within the following limits, to wit :— Commencing at the mouth «f Dennis' or Porter's Mill stream, and extending to the residence of Robert M. Todd in Mill Town, and between the River Saint Croix and a line drawn one mile back from the said 4 V C 11] CHARLOTTE. 275 river, shall in future, in lieu of such labour, annually pay the sum of [the words here omitted are repealed by 14 V. e. 8, s. 1,] for each and every day's labour such persons are respectively liable to perform. 2. The moneys required to be paid in virtue of this Act shall be assessed, levied, and collected in the same manner as any Parish or County rates are assessed, levied, and collected by virtue of any law now in force, or which may hereafter be in force for that purpose in this Province; and when collected, such moneys shall be paid over to the Commissioners of High- ways for the said Parish, to be by them expended on the streets and bridges within the above described limits, in the same manner as any moneys by them received in lieu of labour have been hitherto by law expended. 4th Victoria — Chapter 11. An Act to authorize the Justices of the Peace for the County of Charlotte to assess the Parish of Saint Stephen, in the said County, for the erection of a Wharf on the Public Landing at Salt Water in said Parish. Section. Seclion. I. Assessment for erecting Wharf at Saint 2. How assessed, &c. Stephen. Passed 19th March 1841. Be it enacted, ^c— 1. The Justices of the Peace for the County of Charlotte, or the major part of them at any General Sessions of the Peace to be holden in and for the said County, be and they are hereby authorized and empowerd to make a rate and assessment on the Parish of Saint Stephen, in the said County of Charlotte, for a sum not exceeding four hundred pounds, for defraying the expense of building, erecting, and finishing a wharf at the public landing at Salt Water in the said Parish, for the use of the same, and to make such regula- tions not inconsistent with the grant of the said public landing, or any previous Act of Assembly relating to the same, for the said wharf, as to them may seem meet; provided always, that no greater sum than one hundred pounds shall be assessed by virtue of this Act in any one year. 2. The said sum, not exceeding four hundred jiounds, so to be assessed as aforesaid, shall be assessed, collected, and paid 276 CHARLOTTE. [5 V c 2 agreeably to any Acts in force for assessing) collecting, and levying of County or Parish rates. 5th VtcTORiA — Chapter 2. An Act to authorize the Justices of the Peace for the County of Charlotte to make regulations for the Market Wharf in the Parish of Saint Stephen. Section. Section. 2. MarketWharFat Saint Stepliep, Justices 3, Justices to appoint Wharfinger, &c. how to regulate, &c. PMsed 29lh March 1842. Whereas a certain piece of land, beach, and flats, situate in the Parish of Saint Stephen, has been granted to the Justices of the Peace for the County of Charlotte, in trust for a public landing in and for said Parish : And whereas by an Act of AjSsembly made and passed in the fifth year of the Reign of His late Majesty King William the Fourth, intituled An Act to authorize and empower the Justices of the Peace for the County of Charlotte to lease a part of the Public Landing at Salt Water, in the Parish of Saint Stephen, the Justices aforesaid are authorized to erect thereon wharves, stores, and other buildings as they may think beneficial to the said Parish of Saint Stephen : And whereas a Market Wharf has been built on said public landing ; — Be it enacted, Ifc. — 1. The Justices of the Peace for the County of Charlotte, at their General Sessions, shall and may and they are hereby authorized and empowered to make such orders and regulations for the due ordering of vessels lying at the said Market Whaif in Saint Stephen, or coming to or removing from the same, and for the lading or unlading of goods and merchandize at the said Market Wharf, and for the preventing nuisances, encumbrances, and obstructions, for the depositing and leaving of goods and merchandize, or other- wise howsoever, on the said Market Wharf, and generally for the safe keeping and well ordering of the said Market Wharf in all respects, or in respect of any extension of the said Market Wharf which may be hereafter made, and from time to time to repeal, alter, and amend such orders and regulations, and to substitute others in their place, as to the said Justices or th^e major part of them at sui^h General Sessions may seem fi^tand 5 V C 2] CHARLOTTE. 277 reasonable, and to enforce such orders and regulations by pecuniary fines and penalties, so as always that such fines and penalties shall not in any case exceed the sum of forty shillings, which shall be sued for and recovered on the oath of one or more credible witness or witnesses before any Justice of the Peace for the said County, and be levied by warrant of distress and sale of any goods and merchandize that by conviction of such Justice may appear to be an encumbrance or nuisance on the said wharf contrary to the said regulationo, or otherwise by warrant of distress and sale of the goods and chattels of the offender, rendering the overplus, if any, after deducting the charges of prosecution and sale, to the owner or owners of such goods, or the offender or offenders, as the case may be ; isiich fines and penalties to be paid one moiety to the Wharfinger of the said wharf, to be appointed as hereinafter directed, and the remainder to the Overseers of the poor of the said Parish of Saint Stephen for the use of the poor of the said Parish. 2. The said Justices of the Peace for the Cognty of Charlotte shall and may at the time of making the annual appointment of Town and Parish officers, have power and authority to appoint a fit person to be a Wharfinger of the said Market Wharf, who shall be sworn to the faithful discharge of his duty, and shall be in every respect subject to the same rules and regulations, penalties and forfeitures, as any other Town or Parish officers are or shall be subject to, by virtue of any laws now in force or hereafter to be enacted for the appointment and regulation of Town and Parish officers in the several Counties of this Province, and it shall be the duty of the said Wharfinger to carry into force and effect the orders and regulations of the said Justices so to be made as aforesaid, respecting the said Market Wharf which hereafter may be made, and the said Wharfinger shall receive and collect all wharfage, dockage, and other dues and emoluments arising from the said wharf, and pay over the same to the order of the Magistrates of Saint Stephen, after deducting such reasonable compensation as the Justices aforesaid at their General Sesr sions shall direct, to be applied towards the liquidation of any taxes required to be raised in the said Parish of Saint Stephen, or towards the extension and improvement of the said wharf, and in his own name to collect, sue for, and recover all fines 278 CHARLOTTE. [11 V c 42 and penalties incurred under the said regulations, and also the wharfage, dockage, dues, and emoluments arising from the said public Market Wharf, and to account from time to time to the said Justices at their General Sessions, as they at such General Sessions shall from time to time order and direct. 11th Victoria — Chapter 42. An Act to provide for the more effectually repairing the Streets and Bridges in the Town Plat of Saint Andrews. Section. Section, I. Statute labour in Saint Andrews, what 3. Moneys for, how assessed, &c. rate for. 3. Limitation. Passed 30lh March 1848. Whkreas the rate now payable by persons liable to perform Statute Labour within the Town Plat of Saint Andrews is unnecessarily high for the requirements thereof; — Be it enacted,, ifc. — 1. All persons liable to perform statute labour on the Streets and Bridges within the Town plat of Saint Andrews, in the County of Charlotte, shall in future pay the sum of one shilling and three pence for each and every day's labour such persons are respectively liable to perform. 2. The moneys required to be paid by virtue of this Act shall be assessed, levied, and collected in the same manner as any Parish or County rates are assessed, levied, and collected by virtue of any law now in force or hereafter to be in force for that purpose in this Province ; and such moneys, when collected, shall be paid over to a Commissioner of Highways to be appointed for that purpose in the same manner and by tlie same authority as Commissioners of Highways are now appointed, to be by him expended on the streets and bridges within the above described limits, in the same manner as any ihoneys received in lieu of statute labour have been hitherto expended. 3. This Act shall continue and be in force until the first day of April which will be in the year of our Lord one thousand eight hundred and fifty. — [Continued by 18 V. c. 42.] 12 V C 27] CHARLOTTE. 279 12th Victoria — Chapter 27. An Act to provide for the more effectually repairing the Roads and Bridges in the Parishes of Campo Bello and Grand Manan. Section. Section. 1. Statute Labour in Campo Bello, &c., what 3. OommissioDers, how appointed Tor each rate for. Fari»h. S. How assessed. 4. Limitation. Passed 27th March 1849. Whereas from the scattered state of the population of the Parishes of Campo Bello and Grand Manan, the present High- way Act cannot properly be carried into effect ; — Be it therefore enacted, &fc. — 1. All persons liable to perform statute labour on the roads and bridges in the Parishes of Campo Bello and Grand Manan, in the County of Charlotte, shall in future pay the sum of one shilling and three pence for each and every day's work such persons are respec- tively liable to perform. 2. The moneys required to be paid by virtue of this Act shall be assessed, levied, and collected in the same manner as any Parish or County rates are assessed, levied, and collected by virtue of any law now in force or hereafter to be in force for that purpose in the Province ; and such moneys, when col- lected, shall be paid over to the Commissioners of Highways for the respective Parishes, to be expended for the districts in which they are collected. 3. There shall be annually appointed at the April Sessions of the Peace, three Commissioners for each Parish for that purpose, in the same manner and by the same authority as Commissioners of Highways are now appointed ; which said moneys shall be by them expended by public contract, or by sale at auction, on the roads and bridges within the said Parishes. 4. This Act shall continue and be in force until the first day of April which will be in the year of our Lord one thousand eight hundred and fifty five.— [Continued by 18 V. c. 43.] 280 CHARLOTTE. [14 V C 8, 16 V c 16 14th Victoria — Chapter 8. An Act to amend an Act relating to the repairing of the Streets and Bridges in a pari of the Parisli of Saint Stephen. Section 1. — Mon^y rate for labour, how reduced. Passed 28 Section. 1. Assessment for building Lock-up House. 3. Assessment, bow made. 2. Authority to commit to Lock-up House. Passed lith ApiU 1853. Whereas the Lock-up House in the Parish of Saint Stephen has been destroyed by fire : And whereas by reason of the distance of the said Parish from the Shire Town, and the risk, inconvenience, and expense of the removal of persons from thenCe to the County Gaol, it is deemed advisable and oeq^s- sary that another Lock-up House should be built; — Be it therefore enacted, ^c. — 1. Her Majesty's Justices of the Peace for the said County of Charlotte, or the major part of them at uny General Sessions of the Peace, shall be and they are hereby authorized and empowered to contract and agree with able and sufficient workmen, for building and finish- ing a lock-up house or house of correction at Saint Stephen, in the said County, and to agree for such sum or suras of money as to them may seem meet, in order to carry this object into 16 V C 18] CHARLOTTE. 281 effect ; and the said Justices or the major part of them at their General Sessions as aforesaid, are hereby authorized and empowered to make rate and assessment upon the inhabitants of the Parish of Saint Stephen for a sum not exceeding one hundred and fifty pounds, for defraying the expense of the erection and finishing the said lock-up house or house of correction, and from time to time to make such rules and regulations for the management of the said lock-up house or bouse of correction as to them may seem meet. 2. It shall and may be lawful for the High Sheriff of the said County, or for any other officer having legal custody of any person or persons who shall or may be arrested in the said Parish of Saint Stephen, or in any of the Parishes adjacent to the same, in ail cases in which the said Sheriff or other officer could legally lodge the said person or persons in the common gaol of the said County, to commit the said person or persons to the said lock-up house or house of correction until the said person or persons can be removed to the said County gaol; provided always, that no person under civil arrest shall be detained in such lock-up house or bouse of correction for any space of time exceeding forty eight hours. 3. The said sum of one hundred and fifty pounds so to be assessed, shall be assessed, collected, and paid agreeably to any Act in force for the assessing, collecting, and levying of County rates. 16th VicTbRiA — Chapter 18. An Act for the better and more eflectual securing the na- vigation of the River Saint Croix, in the County of Cbariotte. SecUon. Section. 1. Penalties for throwing Slabs, &c. into 3. Commencement of Act. K'i™''- *. Limitation. S. Owners, &c. of Mills, how liable. Passed ]4th April 1853. - Whereas on the River Saint Croix, in the Parish of Saint Stephen, there are a number of machines for sawing laths, clapboards, and other small lumber, the slabs and refuse of which are generally thrown into said river, filling up the channel and obstructing the navigation thereof; — 282 CHARLOTTE. [1'6 V c 39; Be it therefore enacted, &fc. — 1. All and every owner, lessee, or agent of any mill engaged in the manufacture of any des- cription of sawed lumber on the said River Saint Croix, in the Parish of Saint Stephen, who shall throw or allow to be thrown out of their or any or either of their mills, any slabs or other waste lumber into said river, that may tend to fill up the channel of said river, shall be liable to pay a fine of five pounds for the first offence, and ten pounds for the second and every succeed- ing ofiencc, to be recovered with costs of suit by plaint or infor- mation had or made before any one of Her Majesty's Justices of the Peace for the County of Charlotle; the said fine to be given for the use of the poor in the Parish where the oflFence may be committed, and in case of the non-payment of said fine, the parties to stand committed to the County gaol until paid. 2. Each and every of the said owners, lessees, agents, or labourers in said mills, are severally liable for said fine, whether the act of throwing in such waste stuff be committed by themselves or those in their employ or under their control; and the said parties subject to said fines, may have recourse, under this Act, to recover such fines and costs from the parties actually throwing in such waste stuff or lumber, in the way and in the same manner as said fine is collected of them. 3. This Act shall come into operation at such time as may be fixed therefor by Proclamation of His Excellency the Lieu- tenant Governor, on his being satisfied that a law has been passed by the Legislature of the State of Maine, or by other competent authority of the United States of America, with similar provisions for more effectually securing the navigation of the said river within the said State of Maine. 4. This Act shall not continue to be in force for a longer period than the first day of May which will be in the year of our Lord one thousand eight hundred and sixty. 16th Victoria — Chapter 39. An Act to revive and amend an Act to regulate the Herring ' . Fishery in the Parishes of Grand Manan, West Isles, Campo Bello, Fennfield, and Saint George, in the County of Charlotte. Section. Section, 1. Belting or seines, &c. in Grand Manan, 2. FebiAty for breach of law ; recovery and &c., how restricted. application. 16 V C 39] CHARLOTTE. 283 Section. . Section. 3. In what weirs gates may be ordered to 5. Garry ground, liow marked nut, &c. be made, and by whom. 6. FenalLies of two last Sections, how sued 4. Nets, Slc. set contrary to law, who may for, &c. seize. Passed 3rd May 1853. Whereas great injury has been done to the Herring Fishery within the County of Charlotte by the erection of weirs, fish- garths, and other obstructions, and the placing and setting of seines and nets across the several havens, rivers, creeks, and harbours therein ; — Be it enacted, ^e. — 1. No seine or net shall be set across the mouth of any haven, river, creek, or harbour within the Parishes of Grand Manan, West Isles, Campo Bello, Pennfield, and Saint George, in the County of Charlotte, and no seine or net shall be set in any such haven, river, creek, or harbour, which shall extend more than one third the distance across the same, or be within forty fathoms of each other, or which shall be set within twenty fathoms of the shore at low water mark of the same. 2. Any person offending against the preceding Section, upon due conviction thereof, or by confession before one of Her Majesty's Justices of the Peace for the County of Charlotte, shall for the first offence forfeit the sum of five pounds, to be levied by warrant of distress and sale of the offender's goods ; and for the second offence shall forfeit the sum of ten pounds, to be recovered with costs in an action of debt in any Court of Record in this Province ; and for the third and any subsequent offence, shall forfeit the sum of fifteen pounds, to be recovered with costs in like manner; one half of such penalties, when recovered, to be paid to the Overseers of the poor of the Parish where the offence was committed, for the use of the poor, and the other half to the person who shall sue for the same. 3. Every fish weir in the Parishes before mentioned which is dry at low water, or which in the opinion of the Wardens of the fisheries for the County of Charlotte requires the same, shall have a gate therein of such width and in such position as the said Wardens may determine ; and the owner or occupier of any fish weir who shall neglect or refuse to place a gate therein according to the directions of the said Wardens shall forfeit and pay the sum of five pounds for each day he shall so neglect and refuse after due notice. 284 CHARLOTTE. [17 V c 38 4. The said Wardens and the Overseers of the fisheries in the Parishes before mentioned, shall severally have power to seize and remove any net, hedge, weir, fishgarth, seine, or other obstruction, set or placed contrary to the provisions of this Act, and after five days notice may sell the same in some public place in the Parish where the seizure is made, together, with any fish found therein ; after deducting from the proceeds the charges of such sijizurc and sale, the residue shall be ap- plied to the payment of any penalty incurred under this Act, and the overplus (if any) shall be paid to the Overseers of the poor for the Parish where the offence was committed, for the use of the poor thereof. 5. The said Wardens shall have power to mark out and de- signate in proper positions at the Island of Grand Manan and other fishing stations in this Province, if necessary, fit places for the deposit of fish offal, to be called " gurry grounds ;" they shall post up notices in the said Island at the several school houses, describing the limits and position of such "gurry grounds," and publish the like notice in the Royal Gazette; and if after the posting and publication of such notice, any person shall cast overboard from a boat or vessel the heads, bones, or other offal offish into the waters of or near the Island of Grand Mahan, at any place except the said " gurry grounds," such person shall forfeit and pay a fine not exceeding five pounds nor less than ten shillings for each offence. 6. The penalties in the two preceding Sections may be sued for and recovered by summary proceedings before one or more Justices of the Peace, together with costs, and when recovered shall be paid over to the person who shall prosecute for the same. 17th Victoria — Chapter 38. An Act to provide for the more eflfectaally repairing the Highways, Streets, and Sidewalks in the Milltown Highway District, in the Parish of Saint Stephen. Bection. Section. I. Money to be taken in lieu of labonr, 3. ContinaaQce of Act. 9. How 10 be assessed, collected, and to whom paid. Passed \st May 1854. Whereas the rate now payable by persons liable to perform 17 V C 33] CHARLOTTE. 285 statute labour within the Highway District of Milltown, by virtue of the nineteenth Section of an Act made and passed in the thirteenth year of the Reign of Her present Majesty, intituled An Act relating to Highways, is too low for the re- quirements thereof; — Be it therefore enacted, 8fC. — 1. Each and every person liable to perform more than four days statute labour within the said Milltown Highway District, in the Parish of Saint Stephen, who may prefer paying money to doing such labour, shall from and after the passing of this Act pay the sum of three shillings for each and every day's labour, over and above the first four days such person is liable to perform, in lieu of one shilling and three pence per diem as he may now do by said Section. 2. The moneys required to be paid by virtue of this Act shall be assessed, levied, and collected in the same manner as any Parish or County rates are assessed, levied, and collected by virtue of any law now in force for that purpose in this Pro- vince ; and such moneys, when collected, shall be paid over to the Commissioner of Highways for said district, to be by him expended on the highways, streets, and sidewalks within the said district, agreeably to the said Section of the said Act. 3. This Act shall continue and be in force until the first day of April which will be in the year of our Lord one thousand eight hundred and sixty. 286 king's. [1 W 4 c 41 K I w c; ' s. 1st William 4th — Chapter 41. An Act to authorize the Rector, Church Wardens, and Vestry of Trinity Church, in the Parish of Kingston, to convey their right to the land whereon the Court House has been erected, to the Justices of the Peace of King's County, in exchange for other land, and to establish a Public Square in the said Parish. Section. Section. 1. Tract of land for Court House, &c., to 3. What land to be deemed a public square, whom tobe'conveyed, &c. &c. 2. What land to be conveyed by Justices, 4. What riglits reserved. &c. 5. Act deemed public. Passed 3\st March 1831. Whereas the legal title to the land on which the Court House of King's County has been erected is claimed by the Rector, Church Wardens, and Vestry of the Parish of Kingston, as vested in thern ; but they are nevertheless desirous and willing to convey the same to the Justices of the Peace in and for the said County, and their successors, upon the said .Justices conveying to the said Rector, Church Wardens, and Vestry, a certain other piece of land situate in the said Parish of Kingston ; both of which said parcels of land are hereinafter described ; — Be it therefore enacted, ifc. — 1. Upon the receipt of a good and sufficient title, conveyance, and assurance from the said Justices of the Peace of King's County, of all that certain lot, piece, or parcel of land situate in the Parish of Kingston, being part of a tract heretofore granted to the Justices of the Peace of King's County aforesaid, by Letters Patent under the Great Seal of the Province of New Brunswick, bearing date the thirtieth day of October in the year of our Lord one thou- sand eight hundred and seven, in trust for the use, benefit, and behoof of the inhabitants of the said County, to erect thereon a Gaol and Court House, and for other public uses, profits, and benefits of the said inhabitants ; the said piece so intended to be conveyed being bounded as follows, viz : — Com- mencing at the southern angle of the said tract, thence run- ning north forty five degrees east sixteen chains to the eastern angle of the said tract ; thence along the division line between lW4c41] KING'S. 287 the said tract and the Kingston glebe lot, eight rods ; thence south forty five degrees west, on a line parallel to the first described boundary, till it meets the southwest line of the said tract, and thence following the said last mentioned line to the place of beginning, containing three acres, with all the rights, members, and appurtenances thereunto belonging, to be made to the said Rector, Church Wardens, and Vestry of Trinity Church, in the Parish of Kingston, and their successors for ever ; they the said Rector, Church Wardens, and Vestry of Trinity Church, in the Parish of Kingston, lie and they are hereby authorized and empowered by good and sufficient deed, to grant, bargain, sell, and convey unto the said Justices of the Peace in and for King's County, all that certain lot, piece, or parcel of land situate in the said Parish of Kingston, and bounded and described as follows, that is to say: — The front or northerly line of the said lot to be twelve feet distant from and parallel to the front of the said Court House, and to extend the whole width of the said Court House and fourteen feet beyond on each side, so as to make a front of eighty eight feet, and the said lot to extend back, preserving the same width of eighty eight feet, until it meets the line of land belonging to George Raymond and Achsah Raymond, the side lines to be at right angles with the said front line, together with the rights, members, and appurtenances thereunto belong- ing; to hold to the Justices of the Peace of King's County for the time being, in trust for the use, benefit, and behoof of the inhabitants of the said County, for the purpose of erecting, maintaining, and keeping thereon the Court House of the said County from henceforth for ever, and for no other use or purpose. 2. The Justices of the Peace of the said County shall be and they are hereby authorized and empowered at any Court of General Sessions of the Peace for the said County, by good and sufficient deed under the Seal of the said Court, to grant, bargain, sell, and convey unto the said Rector, Church Wardens, and Vestry of Trinity Church, in the Parish of Kingston, and their successors for ever, the said lot, piece, or parcel of land first hereinbefore described, being part of the said tract so granted to them for public purposes as aforesaid, and held by them by virtue of the said grant and the Act of Assembly in such case made and provided. 288 KING'S. [1 W 4 c 44, 3. And whereas all that parcel of land lying in front of the said Court (louse in the said Parish of Kingston, bounded northerly by the Church yard of Trinity Church, easterly by the highway, and westerly by the land of the said Reverend Elias Scovil and George Raymond, has for many years past been used by the inhabitants of the said County as a public and open square ; and it is the desire of the said Rector, Church Wardens, and Vestry of Trinity Church, in the Parish of Kingston, and the said Justices of the Peace of King's County, that the same open space, and also the land adjoining thereto, belonging to the said Rector, Church Wardens, and Vestry, on each side of the lot so intended to be conveyed to the Justices of the Peace for the purpose aforesaid, should be recognized and established by lavv as a public square ; — The said open space above described, together with the land adjoin- ing thereto and extending therefrom to the line of Messieurs Raymonds' land lying on each side of the said Court House lot, and bounded westerly by the land of the Reverend Elias Scovil and George Raymond, and easterly by the public road or highway, shall for ever hereafter continue and' be a public and open square ; and it shall not be lawful to erect or place any buildings or encumbrances thereon ; and all or any buildings or encumbrances erected or placed thereupon shall be deemed and taken to be public nuisances, in the same manner to all intents and purposes as if the same were placed on any public road or highway in the said Parish. 4. Nothing in this Act contained shall take away or afiect, or bo construed to take aWay or aifeet the right and title of the King's Majesty, His Heirs and Successors, or the rights of any person or persons, body politic or corporate whatsoever, other than the said Rector, Church Wardens, and Vestry of Trinity Church, in the Parish of Kingston, and the said Justices of the Peace of the said County, in behalf of the inhabitants of the said County, as before particularly set forth. 5. This Act shall be deerned and taken to be a public Act, and as such judicially noticed without being specially set forth or pleaded. 2 V c 34] queen's. 289 2nd Victoria — Chapter 34. An Act to provide for making and maintaining a Canal across Grimross Neck, in Queen's County. Section. Section. 1. Repealed. 4. What injury to works^ made felony. !3. Canal, how to be made, and ground oc- 5 & 6. Repealed. cupied. 7. Canal, &c., to be public properly. 3. Compensation fot land required. Passed 23rd Mnrph 1839. Whereas the cutting a Canal across Grimross Neck, in Queen's County, would greatly facilitate the navigation of the River Saint John, and advance the general interests of the Province ;— Be it therefore enacted, 8fc. — 1. Repealed by 17 V. c. 36, s. 1. 2. It shall and may be lavpful to and for the said Commis- sioners, their agents, 'servant&, workmen, and assistants, ami they are ^hereby authorized and empowered to design, erect, order, dig, excavate, and build, and to complete, maintain, and keep in repair a Canal across the isthmus or neck of land commonly called Grimross Neck, in Queen's County, at such place as they may deem most advisable and fit for such Canal, whether on private property or on a public highway, and to dig and make proper foundations in the River Saint John and Gagetown Creek, and on the lands and grounds lying on each isid« of said Canail, and to cut and level the banks of the said l-iver and creek in such manner as may be necessary and pro- per for making the said Canal, and to cut, remove, take, and carry away all and every impediment whatever, which may in any wise tend to hinder or impede the erecting and completing the Said Canal, and to execute all other things requisite and necessary, useful, or convenient for erecting, digging, main- taining, and supporting the said Canal, according to the true intent and meaning of this Act ; and further, that they may from time to time enter and go in and upon the lands and grounds adjacent to the said Canal for the purpose of making surveys, examinations, or other necessary arrangements for fixing the site of the said Canal ; and further, that for the purpose of erecting, digging, building, maintaining, repairing, and supporting the said Canal, the Commissioners shall from 19 290 QUEEN'S. [2Vc34 time to time have full power and authority to land and place on either side of said Canal, within twenty yards of the same, all materials and other things to be used in and about the same, and there to work and use such materials and things according as they the said Commissioners, and the persons to be by them appointed, shall think proper, without any previous agreement with the owner or owners of the land, doing as little damage as may be, and making such satisfaction as hereinafter men- tioned to the respective owners and occupiers of all lands and grounds, tenements and hereditaments which shall be used and occupied, altered, damaged, spoiled, taken, or made use of by means or for the purposes of this Act. 3. The said Commissioners shall make, allow, and pay reasonable and proper compensation and satisfaction for all lands, tenements, and hereditaments taken, used, and occupied, altered, damaged, or spoiled by means of and for the uses and purposes of this Act, to be agreed upon by the said Commis- sioners and the respective owners and occupiers of such lands, tenements, and hereditaments ; and in case of disagreement between them or any of them, then such compensation and satisfaction shall be determined by three arbitrators, one to be chosen by the said Commissioners, and one by the owner or owners, occupier or occupiers of the private property in ques- tion ; which two arbitrators so chosen shall choose the third arbitrator, and in case of their not agreeing in such choice within ten days after their appointment, then and in such case it shall and may be lawful for the Lieutenant Governor or Commander in Chief for the time being, upon application of the said Commissioners, to appoint the third arbitrator ; the award of the said arbitrators or any two of them shall be final and conclusive in the matters referred to them ; and the amount adjudged and awarded to them respectively shall be paid by the said Conimisioners within thirty days after such award shall be duly made and delivered ; and in case any of the said owners or occupiers of such property shall decline or refuse to make such agreement or appoint such arbitrator, then and in such case it is hereby declared that such person or persons so declining or refusing shall have no other remedy, either at law or in equity against the said Commissioners for any loss or damage which he, she, or they may sustain by reason of making, erecting, digging, building, finishing, and maintaining such Canal. 4 V C 7] QUEEN'S. 291 4. If any person or persons shall wilfully or maliciously, and to the prejudice of the said undertaking, break, damage, throw down, destroy, injure, or remove any of the works to be erected, or materials to be used by virtue of this Act, any such person or persons so offending shall be deemed and adjudged guilty of felony, and being lawfully convicted thereof shall be liable and subject to the punishment prescribed for felony in and by an Act made and passed in the first year of the Reign of His late Majesty King William the Fourth, intituled An Act for improving the administration of Justice in criminal cases, . 5 & 6. Repealed by 17 V. c. 36, s. 1. 7. The said Canal, and all and singular the lands on either side taken in the manner hereinbefore pointed out, and all roads and paths along the same, and all other the appurtenances to the said lands and Canal belonging, shall be deemed and taken to be public property of the Province, and under the control of the Legislature thereof, and shall be free from any toll ori charge. 4th Victoria — Chapter 7. An Act to extend the provisions of an Act intituled An Act to enable the Comrnusioners of Highways in the Parishes of Maugerville, Sheffield, and Wateriorough, to lay out Highways, and to appropriate part of the Statute Labour for securing the Bank of the River in front of those Parishes, to the Parish of Gagetown, in Queen's County. Section 1.— Act 45 Q. 3, c. 13, extended to Gagetown. Passed I9lh March 1841. Be it enacted, &[c.~\. From and after the passing of this Act, an Act made and passed in the forty fifth year of the Reign of His Majesty King George the Third, intituled An Act to enable the Commissioners of Highways in the Parishes of Maugerville, Sheffield, and Waterborough, to lay out High- ways, and to appropriate part of the Statute Labour for secu- ring the Bank of the River in front of those Parishes, and all the provisions thereof, be and the same are hereby extended to the Parish of Gagetown, in Queen's County. [JVofe.— See Local Acts for Sunbury, 45 G. 3, c. 13.] ^2 QUEEN'S. [17Vc36 17th Victoria — Chapter 36. An Act in amendraent of an Act to provide for making and maintaining a Canal across Grimross Neck, in Glueen's Gounty. 'Section. Section. 1. Repesl tif Sections o{ what Act. 3. Colnmissianer's powers. '2. Commissioner appointed/by wliom. Passed \st Mag 1854. Whereas the necessary information relating to the con- struction of a Canal across Grimross Neck, in Queen's County, has now been obtained, and it is thought that the work can be carried on and completed more efficiently and economically under th« superintendence of one Commissioner ; — Be it therefore enacted, &fc. — 1. The first, fifth, and sixth Sections of an Act made and passed in the second year of the Reign of Her present Majesty, intituled An Act to provide for making and maintaining a Canal across Grimross Neck, in Queen's Odunty, be and the same are hereby repealed. 2. It shall and may be lawful for the Lieutenant Governor to appoint one fit and proper person to be a Commissioner for opening, cutting, finishing, and maintaining a Canal across Grimross Neck, in Queen's County, and to remove such Com- missionier at pleasure, and to appoint another in his stead. 3. Subh Commissioner shall have all the powers and autho- Tity as were in and by the said Act vested in the three C!om- missioners. 34 6 3 c d] SWNBURY. 293 SUWBITRY. 34th George 3rd — Chapter 9. An Act for preserving the Bank of the River Saint John in front of the Parishes of Maugerville, Sheffield, and Waterborough. Sjsction. Seedoit, 1. When neat cattle not permitted to go at 3. Justices, when may caase gates to be large. erectedj^&c. 2. When pound keeper may sell impounded 4. To what this Act shall not extend. catiiej Uc. 5. Limitation.. Whereas the annual overflow of the Eaver Saint John washes away large portions of very valuable land on its banks in front of the Parishes of Maugerville and" Sheffield, in Sun- bury County, and the upper part of Waterborough Parish, in Queen's County, and frequently obliges the inhabitants to remove their houses, fences, and other improvements, to their great damage and inconvenience : And whereas the pasturing of cattle on the said banks contributes greatly to this alarming waste of land, and prevents grass and bushes when planted from. growing, binding, and preserving the ground; — Be it enacted, fyc. — 1. No neat cattle, horses, sheep, swine, or goats, shall be sufi^jred to go at large in the highway, or graze on the bank of the River Saint John, in front of the Parishes of Maugerville and Sheffield-, and the upper part of WatenboroHgh Parish, as far as the upper line of Benjamin Birdsali's land, between the tenth day of March and the tenth day of November annually, and if any person or persons shall find any such, cattle going; at large or grazing as aforesaid^ such persons are hereby authorized to. take and drive the same to the nearest pound, and the pound keeper shall receive and detainitihe same until the owner or owners shall pay the penalty of three shillings for each neat cattle or horse, and one shilling for each sheep,, swine, or goat, and also one shilling per day to the pound keeper for feeding each neat cattle or horse, and four pence per day for feeding- each sheep, swine, or goat, together with the usual charges for crying the same, within fourteen days after they shall be so impounded'; one half of which penalties shall be for the use of the poor in such Parish where the offence may be committed, and the other half to the person or persons who shall impound the same ; and may be 294 SDNBURY. [34 G 3 c 9 sued for and recovered before any one of His Majesty's Jus- tices of the Peace. 2. In case the owner or owners of such neat cattle, horses, sheep, swine, or goats so impounded, shall neglect or refuse to pay the aforesaid penalties and charges, then the said pound keeper is hereby authorized to sell publicly so many of them as may be necessary for that purpose, and the overplus money arising from such sale shall be paid by the said pound keeper to the owner or owners thereof. 3. The Justices in their General Sessions within the respec- tive Counties where such Parishes lie, are hereby authorized to cause to be erected and kept up across said highway from the said tenth day of March to the said tenth day of November, two strong swing-gates of suitable width,, and a water-fence adjoining to each gate, one of which gates so to be kept up, to be erected at or near the upper line of the Parish of Mauger- ville, and the other at or near the upper line of the lands of Benjamin Birdsall, in the said Parish of Waterborough ; and the said Justices shall also cause two suitable posts of wood, one on each side of each gate, to be fixed firmly in the ground, with notches cut into the said posts for steps for the benefit of travellers ; and the said Justices are hereby also authorized and required to order an assessment of the expense of erecting the said gates, fences, and posts, to be made on the freeholders and inhabitants residing within the district of the Parishes where such gates, fences, and posts are hereby authorized to be set up ; and if any person or persons shall wantonly leave open, pull down, or destroy such gate or gates, water-fences or posts, such offender or offenders upon conviction, shall pay double costs or damage as may be awarded to any person or persons whatsoever, to be sued for and recovered in manner aforesaid ; and in case of inability to pay the same, shall suffer one month's imprisonment without bail or mainprize. 4. This Act shall not extend to any neat cattle, horses, or other stock which may be travelling along said road from one part of this Province to another. 5. This Act shall be and remain in full force for and during the term of two years, and no longer. 4J G 3 c 9] suNBURY. 295 41st George 3rd — Chapter 9. An Act for preserving the Bank of the River Saint John in front of the Parish of Lincoln, in the County of Sunbury. Section, Section. 1. Intervale land, where fenced, &c. 3. Penalties for blocking up, &c. gate. 2. Swing-gate, where to be erected. 4. Limitation. Passed 2\st March 1801. Whereas the pasturing of neat cattle, horses, sheep, goats, or swine in the Spring and during the Summer season, on the slope of the bank of the River Saint John, along the intervale lands in the Parish of Lincoln, both prevents the growth and occasions the destruction of bushes, which contribute greatly to bind the soil and preserve it from being washed away during the freshes ; — Be it enacted, 8fc. — 1. From and after the passing of this Act, every person who pastures intervale land in the said Parish or any part thereof fronting on the said river, shall keep up a fence along the front of the land so pastured of the legal height, or at least sufficient to confine his neat cattle, horses, sheep, goats, or swine within the same ; and if he do neglect to keep up such fence as aforesaid, his neat cattle, horses, sheep, goats, or swine, shall be liable, when found trespassing on the slope of the said bank, to be impounded and dealt by according to the provisions of an Act made and passed this present Session, intituled An Act to repeal all the Acts now in force relating to Trespasses, and for making new regulations toprevent the same. 2. And whereas horses and cattle frequently go from Fre- dericton and other places, down on a long and narrow tongue of low intervale land extending to and terminating at the mouth of the River Oromocto, and from thence spread along the bank of the aforesaid River Saint John, throughout the extent of the said Parish ;— The Commissioners of Highways in the said Parish shall, from and after the passing of this Act, be empowered and they are hereby directed to erect one strong swing-gate across the public road on the upland adjoining to the said tongue of intervale, either on the lot now belonging to Thomas Knox, Esquire, or on that now belonging to and occupied by Lemuel Wilmot, Esquire, as to them in their discretion shall seem most convenient, and to keep the same 290 SUNBURY. [45 G 3 c m in repair ; the expense oi which erection and repairs they are hereby authorized to pay by ordering^ an assessment to be made 6)r the said pui^poscs on the owners or occupiers of the said lands as above described, by the Parish assessors. 3. No person or persons between the first day of May and the first dayappointed, &c. 6. Tax, how collected, and Collector's com- 18. Construction of terms. pensation. 19. Contracts, how made. 7. Exempts. ' SO. Suspension of Sections of certain Acts. 8. Property in whom vested, and for what 21. When tax deemed legal, although in purposes. excess. 9. Survey of Town Plat ordered, &c. 22. Compensation to Commissioners. 10. Winter Roads to be broken, &c. 23. Powers of Supervisors of Great Roads 11. Conimissioners' contracts, on whom reserved. binding. 24. Limitation. 12. Penalties as to dragging buildings, &c. on streets. Passed Wth April 1846. Whereas the increase of jjopulation in Woodstock renders an improvement in the mode of providing for the repair of the Streets and Highways necessary ; — Be it therefore enacted, &fc. — 1. From and after the passing of this Act, the Justices of the General Sessions of the Peace for the County of Carleton, at the January Sessions of the Peace for the said County to be holden for said County in each and every year hereafter, or at any special Sessions to be holden after the passing of this Act for said County, shall fix and determine the sum to be assessed for the repairing, improving, and maintaining the streets, highways, and bridges the then ensuing year, upon all that part of the Parish of Woodstock, commencing on the northerly side of Lane's Creek, (so called) in said Parish, thence running southerly along the River Saint John to the lower side of Upham's Creek, (so called) and extending westerly or back from said River one mile ; and which sum so fixed and determined shall not exceed the sum of two hundred pounds nor be less than the sum of sixty pounds, and shall be levied and assessed by an equal rate of five shillings upon the poll of all the male inhabitants within that part of the said Parish of the age of twenty one years and upwards, not being paupers or exempts as hereinafter men- tioned, and by a rate in just and equal proportions upon the 300 CARLETOiSf. P V C 4ft real property situate in that part of the said Parish, and upon the personal property and incoreies of the inhabitants thereof; which sum shall be assessed and laid out by the Commissioners of highways for the said: Parish of Woodstjock, in improving, repairing, and. maintaining the streetis, highways, and bridges in that part' of the said Parish above described, a(CCording to the best skill and discretiqn of the said Commissioners, or the major part of them, subject to the provisions of this Act; and which sum of money so levied and assessed shall be denomi- nated the " Woodstock Road Fund." 2. It shall be the duty of the Clerk of the Peace for the County of Carleton, within ten days after the order for assess- ment as aforesaid shall have been made by the said General Sessions: of the Peace, to notify the Commissioners of highwaySt for the said Parish of Woodstock of the same having; beeiif made, and the amount thereof; and upon the receipt of such notice, it shall be the duty of the said Commissioners of high- ways, or the major part of them, to meet at such timoij and places as they may agree upon, and without delay make out a. road list for that part of the said Parish above described, with, columns therein, the first or left hand column, to contain the names of such persons as are rateable within the Parish, botk resident and non-resident, the second column to contain the amount of the poll tax of five shillings to be paid by each inha- bitant, the third column to contain the amount of real property within that part of the Parish of Woodstock above described owned by each inhabitant, the fourth column to contain the amouq); of the personal property of each inhabitant, the fifth column to contain the real estate of non-residents, the sixth; column to contain the annual, income of such inhabitants, from whatsoever source derived,, except from real or personal pro- perty situate in that part of the said Parish above described, and^ taxable under this Act,, the seventh. coJumn to contain twenty per cent, of the above mentioned value of real; ands personal estates, the eighth, column the sums so reduced to twenty per cent., and the said sums of annual income ; and: when any inhabitant has both annual income and twenty per cent, of the valuie of property set opposite his name in the said: sixth and seventh columns, such sums shall be added together and set in the eighth column ; and the amount so to be assiesjstedii, 9 V c 40] CARLETON. 301 after deducting the whole amount of poll tax therefrom, shall be apportioned among the several persons so named, in exact proportions to the sum in the eighth column set opposite to their respective names ; the ninth and last column sliall contain the several sums so apportioned, with the addition of the poll tax, and shall be denominated " Total Road Tax," and shall be in the following form, that is to say : — Road List for all that part of the Parish of Woodstock com- mencing on the northerly side of Lane's Creek, so called, in said Parish, thence southerly along the River Saint John to the lower side of Upham's Creek, in said Parish, so called, and extending westerly, or back from said River, one mile : Names of Persons A. B. C. D. E. F. G. H. I. K. Poll Tax. Real Es- tate of Inliabi- tants. ■ Personal 'Estate of Inhabi- 'tants. Real IS s- tatenf NoO' residents. Annual income 20 per cent if value of property, Amount (0 be tasked. Total Road Tax. iisoo soo ilOO 100 isoo £100 100 £120 no 100 £120 220 100 100 £1 2 1 1 9 9 5 5 S And the said Commissioners, or the major part of them, shall on or before the fifteenth day of May in each and every year, deliver the same to the Collector of the road tax, signed by them, endorsing thereon a precept under their hands, or the hands of^he major part of them, in the form following, that is to say :— To A. B., Collector of Road Tax for Woodstock. You are hereby required forthwith to collect from the seve- ral persons named iti the annexed Road Lists the sums set against their names respectively, uTiderthe last column thereof, entitled Total Road Tax, and to pay the same when collected into our bands.— Given under our hands the day of A. D. . And th« said Commissioners shall have power and authority at any time after the said road list is made out, to add thereto the name or names of any person or persons whose names shall have been omitted, or who shall have come to reside in the said Parish after the road list shall have been delivered to the col- lector. 3. Any person liable to be assessed for the purposes men- tioned in this Act may, at anytime before the road list is made 302 CARLETON. [9 V c 40 out, furnish the Commissioners with an account in writing of the value of his real or personal property or income liable to be assessed under this Act, deducting therefrom his just debts, duly verified upon oath before one of Her Majesty's Justices of the Peace, upon which it shall be the duty of the Commis- sioners to value such property at the sum specified in such account, and no more. 4. The Commissioners of roads for the Parish of Woodstock, or the major part of them, shall appoint one of the Surveyors for the said Parish, or any other fit and suitable person, a Collector of road tax for that part of the said Parish above described, and insert his name in the precept mentioned in the second Section of this Act; and in case of his death, resignation, or removal from ofiSce, to appoint another in his stead, and so from time to time as a vacancy may occur ; and in case of such subsequent appointment, to endorse on the said Writ a precept in manner aforementioned, authorizing such new collector to collect the said road tax or to complete the collection thereof previously commenced. 5. Any person thinking himself aggrieved and over-rated in the said road list, pr thinking himself not liable to taxation within that part of the said Parish affected by this Act, may appeal to the Justices of the Peace for the County of Carleton, at their next General Sessions after he shall have Had notice of the said assessment, and the Justices shall examine into the said appeal, and if the said Justices shall be satisfied the ap- pellant hath been assessed too high, or is not liable to taxation as aforesaid, they may give such relief as they may think just, by allowing the appellant such sum as he may be over-rated out of the road tax for the next year, or such other relief as they may deem just; provided always, that no such appeal shall be heard unless the appellant shall within one month after he has received notice of the said assessment, file an afiSdavit in the office of the Clerk of the Peace for the County of Carleton, particularly specifying the real and personal property and income liable to taxation under this Act, > and give notice thereof to the said Commissioners, or some one of them, in writing. 6. The Collector appointed in manner aforesaid shall pro- ceed to collect the road tax assessed under this Act in the same 9 V C 40] CAELETON. 303 manner and subject to the same provisions in all respects as the Collectors of County and Parish rates are authorized and empowered so to do by the seventh and eighth Sections of an Act made and passed in the first year of the Reign of Her present Majesty, intituled An Act to provide for the better assessment of County and Parish Rates, and shall be allowed by the said Commissioners of highways, or the major part of them, such compensation for his trouble, not exceeding four per cent, as they may see fit. 7. The Commissioners of highways for the Parish of Wood- stock, regularly ordained or licenced Clergymen of any deno- mination of christians whatever, not having property or income for which they are liable to be assessed under the provisions of this Act, other than the annual salary or stipend they may re- ceive from their Parish or spiritual charge, emigrants who have arrived in the Province within the year for which the assess- ment is made, and regularly appointed firemen, shall be exempt from taxation under this Act ; provided always, that the Com- missioners, or the major part of them, shall with the assent of two Justices of the Peace for the County of Carleton, remit either in the whole or in part the payment of the road tax levied under this Act, from any infirm or indigent persons, as they in their discretion may deem just and proper ; provided always, that no person shall be exempted from taxation under this Act by reason of his having performed statute labour in any other Parish or district in this Province. 8. All books, papers, writings, and accounts, and all mate- rials, tools, and implements which shall be provided in pur- suance of this Act for repairing and improving the streets, highways, or bridges in that part of the Parish of Woodstock above described, and also the streets, highways, and bridges therein, and all stones, quarries, and standing trees therein, shall be vested in the Commissioners of the said Parish for the time being, and they, or the major part of them, shall and may bring and prosecute any suit or proceeding at law or in equity, in their own name, as for their own property, for any infringe- ment or injury thereto, encumbrance thereon, or any inter- ference therewith, by any person or persons, whereby the public may sustain any detriment ; and such suit, prosecution, or pro- ceeding shall and may be brought and prosecuted in the 304 CARLETON. {9 V C J© names of the Comraiissioners of highways for the Pariah of Woodstock, without mentioning their individual names, and may be continued and prosecuted by their successors in office, notwithstanding a change in the ^persons of the said Comm^is- sioners ; and all action and rights of action shall inure to the said Commissioners ; and in any such suit or proceedings, any inhabitant of the said Parish shall be deemed a competent witness, nothwithslanding his liability 'to taxation under this Act. 9. The said Commissioners, or the major part of them, shall and may, in their discretion, survey the Town plat of Wood- stock, and such other parts of the ^aid Parish above described, as they may deem advisable, and procure a proper plan of such survey for the use of the Commissioners for the time being, the expense of which survey and plan to be deft-ayed out of the Woodstock road fund ; and it shall be the duty of the said Commissioners, or the major part of them, and they are hereby authorized and empowered to cause to be removed all en- croachments of any description, whether such encroachments consist of dwelling houses or other erection of a permanent nature, from the said streets or highways, in order that the said streets and highways may be restored to a proper width. 10. It shall be the duty of the Commissioners of highways for the Parish of Woodstock, in all that part of the said Parish affected by this Act, during the winter season, to keep the streets and highways therein well and sufficiently broken and cleared of snow for the passage of teams, and during the spring, summer, and autumn to keep the streets and drains cleared and free from obstruction. 11. All contracts or expenses incurred for repairing or im- proving the said streets, highways, or bridges by the Commis- sioners for the time being, or tlie major part of them, shall be binding upon their successors in office as fully and effectually, to all intents and purposes, as if such contracts were made of expenses incurred by the said Commissioners, and they shall pay such expenses and discharge such contracts out of the first moneys which shall come into their hands aftef suo^ contract or expenses fall due. 12. Every person or persons who shall at any time between the fifteenth day of March and twenty fifth day of November 9 V C 40] CARLETON. 305 in each and every year draw, haul, or drag any house or build- ing whatever, on or along any part of the said streets or high- ways in that part of the Parish of Woodstock affected by this Act, shall for each and every offence forfeit and pay a sum of not less than one pound nor exceeding ten pounds, in the dis- cretion of the Justice before whom such offender shall be pro- secuted ; and any person or persons who shall, within the said period of time, drag or haul oi>or along any of the streets or highways aforesaid, any log, boards, timber, scantling, or drag, or other thing whatever, without securing the same from touch- ing the said streets or highways, shall" for each and every offence forfeit and pay a sum of not less than five shillings, nor exceeding twenty shillings, in the discretion of the Justices be- fore whom the offender shall be prosecuted ; which penalties, with costs of suit, shall and may be recovered before any one Justice of the Peace for said County of Carleton, upon the oath of one or more credible witness or witnesses, and levied by warrant directed to any constable of the said Parish, by dis- training the goods and chattels of the offender or offenders, and when no such effects can be found, to commit the offender or offenders to the common gaol of the County of Carleton, for a period of time not exceeding one day for every ten shillings of the said penalty. 13. The Justices of the General Sessions of the Peace for the County of Carleton shall have power and authority from time to time to make rules and regulations relating to the side walks in the said Parish of Woodstock, for the purpose 6f pro- moting the cleanliness of the said Town, and the comfort of its inhabitants, and such rules and regulations to alter, repeal, and amend, and to substitute others in lieu thereof, and ta en- force the observance of such rules and regulations by such fines and penalties as in their discretion they may deem meet ; pro- vided that no greater penalty than ten shillings shall be imposed for any breach of such rules or regulations, which fines shall be sued for and recovered, with costs, in manner provided for by the twelfth Section of this Act. 14. Whenever any person or persons whatever shall place or cause to be placed upon any of the streets or highways or bridges aforesaid, any logs, timber, boards, wood, scantling, sleds, carts, carriages, wagons, sleighs, dirt, manure, or any 20 306 CARLETON. [9 V c 40 rubbish of any kind, or any obstruction or encumbrance what- ever, and shall refuse upon request being made by any inhabi- tant of that part of the said Parish affected by the said Act, to remove the same from off the said streets or highways, the said person or persons shall upon every such refusal be liable to a penalty of not less than ten shillings, and not exceeding forty shillings, to be recovered with costs in the manner pro- vided by the twelfth Section of this Act. 15. The Commissioners shall have power and authority from time to time to appropriate such sums from the moneys levied and assessed under this Act, for the improvement and protection of the public landings and banks of the River Saint John in that part of the said Parish above described, as they may deem absolutely necessary for the improvement or pre- servation thereof, when such landings or banks are not within the limits of any highway or street. 16. The Commissioners of highways for the said Parish of Woodstock, or the major part of them, shall on or before the last day of December in each and every year, file with the Clerk of the Peace for the County of Carleton, a correct copy or duplicate of the road list, or the original road list, with a correct account of all the moneys they may have received or expended, specifying the mode of expenditure, with vouchers, and a statement of the balance in hand, if any ; also a list of the persons excused, and the cause thereof; a statement of any contract made for work not then performed, with the amount due the contractors ; with such other information and statements as will enable their successors in office to ascertain the true state of their engagements and liabilities, in order that the same may be audited in the same manner as other County or Parish accounts; and should any moneys remain in hand, the same shall be paid to their successors in office. 17. A majority of the Commissioners of highways for the said Parish of Woodstock in office at the end of the year for which they shall be appointed, shall be annually re-appointed ; provided however that the Justices of the Peace for the said County of Carleton shall have all the power which is ever vested in them by any law now in force in this Province, to remove and displace one or more of the said Commissioners who may be guilty of any malpractice in their office, upon the 9 V C 40] CARLETON. 307 same being made to appear and proven to their satisfaction, and to appoint one or more Commissioners in the place and stead of such Commissioner or Commissioners so removed and displaced. 18. In the construction of this Act, the terms " real estate" and " real property" shall be construed to include land and any building or other thing erected on or affixed to land, and any term or terms for years in land ; and the terms " personal property" and " personal estate" shall be construed to include all goods, chattels, moneys, and effects, and all debts due from solvent debtors, whether on account, contract, promissory note, bond, mortgage, specialty, judgment, and all public stocks or sureties, and all stocks or shares in joint stock banking or insurance companies ; provided always, that nothing herein contained shall extend to render liable to taxation under this Act the real or personal property of any religious, literary, or charitable corporation, society, or institution, or of any joint stock banking or insurance company carrying on business in that part of the Parish of Woodstock above described, 19. All contracts for repairing or improving the roads, highways, and bridges in that part of the Parish of Woodstock affected by this Act, shall be made by public competition after ten days public notice of the making of such contracts shall have been given by the Commissioners, or the major part of them. 20. *The operation of the third, seventeenth, eighteenth, nineteenth, twentieth, twenty first, twenty second, twenty third, twenty fourth, twenty fifth, twenty sixth, twenty seventh, twenty eighth, thirty first, thirty fourth, thirty fifth, and thirty sixth Sections of an Act made and passed in the fifth year of the Reign of His late Majesty King William the Fourth, intituled An Act to repeal all the laws now in force for regulat- ing, laying out, and repairing Highways and Roads, and for appointing Commissioners and Surveyors of Highways in the several Towns and Parishes in this Province, and to make more effectual provision for the same, and also the operation of the first, second, third, and sixth Sections of an Act made and passed in the sixth year of the Reign of His said Majesty, intituled An Act in amendment of the Act relating to High- ways, and all other provisions of the said recited Acts, so far 308 CARLETON. [10 V C 15 as they are inconsistent with the provisions of this Act, be and they are hereby suspended in that part of the Parish of Wood- stock affected by this Act, during the continuance of this Act, except so much of the twenty second Section of the said Act, passed in the fifth year of the Reign of His late Majesty King William the Fourth, as provides for the recovery of any penalty ; provided always, that all the other provisions of the said several Acts shall, during the continuance of this Act, be and continue in full force and effect in that part of the Parish of Woodstock affected by this Act, as fully to all intents and purposes as if the provisions thereof had been herein specially enacted. 21. The road tax authorized by this Act shall be deemed legal, although the aggregate amount thereof shall exceed the sum ordered to be assessed by the Justices of the Peace as before mentioned, provided tbe difference shall not exceed twenty per cent. 22. The said Commissioners of highways shall be entitled to retain out of the amount ordered to be assessed under the provisions of this Act, four per centum on the said amount, as a remuneration for their trouble in making the said assessment. 23. Nothing in this Act contained shall be construed to affect the power and authority given by law to the Supervisors of the Great Roads in this Province. 24. This Act shall continue and be in force for four years and no longer. [^ Note. — The Acts mentioned in this Section have been since repealed by 13 V. c. 4, s. ] ,] 10th ViCTORiA — Chapter 15. Ad Act in addition to and in amendment of an Act intituled An Act to provide for the repcdr of the Streets and Highways in part of the Parish of Woodstock. Section. Section. 1. How side walks may be improved, &c. 4. False declaration, when a nnsdemeanpr. 2. Colleetorofroad^tax, how remunerated. 5. Non-residents* property wben to be 3. Attested account by Collector, when assessed, ifcc. delivered. 6. Provisibns of what Act repealed. 7. Limitation. Passed. I2th March 1847. Whereas the laying down of wood or stone upon tbe side 10 V C 15] CARLETON. 309 walks or promenades in that part of the Parish of Woodstock affected by the Act made and passed in the ninth year of the Reign of Her present Majesty, intituled An Act to provide for the repair of the Streets and Highways in part of the Parish of Woodstock, would be of great benefit to the inhabitants thereof; — Be it therefore enacted, IfC. — 1. Whenever the Commis- sioners of highways for the said Parish of Woodstock, or the major part of them, shall deem it advisable or necessary to improve the side wllk or promenade in the most populous part of the said Parish affected by the said Act, they shall and they are hereby authorized and empowered to provide one half the expense of making such improvement from any moneys which may hereafter be assessed and collected under the provisions of the said Act, and the other half shall be levied and assessed in manner provided for by the said Act, upon the proprietors of houses and lands abutting on the side walks or promenades so to be improved or immediately benefited thereby; which assessment shall be collected in the same manner and subject to the same provision as the rates prescribed by the said Act are required to be collected. 2. And whereas the remuneration allowed to the Collector of road tax by the provisions of the said Act, is found to be inadequate to the services perfartned ; — Whenever the sum of naoney ordered to be assessed under and by virtue of the said Act shall not exceed one hundred pounds, the said collector shall be entitled to receive out of the said money for his services a sum not exceeding eight per centum ; and for any sum exceeding one hundred pounds, and not exceeding one hundred and fifty pounds, six per centum ; and from one hundred and My pounds to two hundred poundsy five per centum, in the discretion of the Commissioners of said Parish, or the major part of them, in lieu of the compensation allowed by the said Act. 3. The said collector shall on or before the twelfth day of December in each and every year, make and deliver to the Commissioners of highways for said Parish a declaration in writing, upon oath, (which path any Justice of the Peace for the County of Carleton is hereby authorized to administer) of the moneys he may collect and receive, under the provisions of 310 CARLETON. [10 V C 15, said Act ; and in default thereof the said collector shall be subject to apenalty of ten pounds, to be sued for and recovered in manner provided by the twelfth Section of said Act. 4. If any collector shall knowingly and willingly make a false declaration respecting the moneys collected by him under the provisions of the said Act, such collector shall be deemed guilty of a misdemeanor; and upon any conviction thereof, shall suffer the like pains and penalties as by law are incurred by persons guilty of wilful and corrupt perjury. 5. And whereas the present mode of collecting the amounts assessed upon the proprietors of land and other real estate, who do not reside in that part of the said Parish of Wood- stock affected by the said Act, is attended with great difficulty; for remedy whereof, — When the lands or other real estate of such non-resident shall be in the occupation of any person or persons whatever as tenant or otherwise, the tenant or occupier of such lands or other real estate, shall be deemed liable to assessment under said Acts for such property, in the same manner as if he or they were owners thereof; and in making such assessment the Commissioners of highways for said Parish shall in such assessment distinguish the property so taxed as the property of non-residents from the property taxed as belonging to the person occupying the same as tenants or otherwise ; and the occupiers as tenants of such property are hereby authorized and empowered to deduct the amount- of such assessment from any sum or sums of money he or they may be liable to pay the non-resident proprietor thereof as rent or otherwise for the same ; and the receipt of the Collector of road tax appointed under said Act shall, upon the ordinary proof of hand writing, be deemed and taken in all Courts of law or equity in this Province as sufficient evidence of the payment of such tax. 6. The provisions of the said Act, so far as the same are inconsistent with this Act, be and the same are hereby repealed. 7. This Act shall continue and be in force so long as the Act to which it is an amendment, and no longer. 13 VclO, 15 Vc9] CARLETON. 311 13th Victoria — Chapter 10. An Act to continue the several Acts for the repair of the Streets and Highways in part of the Parish of Wood- stock; in the County of Carleton. Section 1. — Continuance of Acts. Passed iltli' Ap-il 1850. Be it enacted, Ifc, — 1. An Act made and passed in the ninth year of the Reign of Her present Majesty, intituled An Act to provide for the repair of the Streets and Highways in part of the Parish of Woodstock, and also an Act made and passed in the tenth year of the same Reign, intituled An Act in addition to and in amendment of an Act intituled ' An Act to provide for the repair of the Streets and Highways in part of the Parish of Woodstock,' be and the same are hereby respectively continued and declared to be in force until the first day of April which will be in the year of our Lord one thousand eight hundred and sixty five. 15th Victoria — Chapter 9. An Act to legalize the Lock-up House at the Creek Village, in the Parish of Woodstock, in the County of Carleton. Section. Section. 1. Lock-up House at Creek Village, what 2. Keeper, by whom appointed, persons may be committed to. Passed 18th February 1852. Whereas it is expedient from the distance the Gaol in the County of Carleton is from the Creek Village, in the Parish of Woodstock, in said County, that the building erected by the said County for a Lock-up House in the rear of the public Offices at or near the said Creek, should be legalized ; — Be it therefore enacted, &fc. — 1. From and after the passing of this Act, it shall and may be lawful for the High Sheriff or any other officer having legal custody of any person or persons who shall or may be arrested at or near the said Creek Village, in all cases in which the said Sheriff or other officer could legally lodge the said person or persons in the common gaol of said County, to commit the said person or persons to the said lock-up house until the said person or persons can be removed 312 CARLETON. \ ! [15 V C 9 to the said County gaol, or otherwise discharged ; provided always nevertheless, that no person under civil arrest shall be detained in the said lock-up bouse for any space of time exceeding forty eight hours. 2. The General'Sessions or any Special Sessions shall be empowered to appoint a fit and proper person to keep the said lock-up house. 13 V e 20, 17 V c 41] albert, 313 ai.be: BT. 13th Victoria — Chapter 2 J. An Act to enable the Commissioners of Highways to esta- blish a Public Road two rods wide across the Great Marsh in the Parish of Hopewell, in the County of Albert. Section l.-^Highway over Great Marsh, how laid out. Passed 26th April 1850. Whereas it is deemed advisable to establish a public and common highway from the main road in Hopewell to and across the Great Marsh in Hopewell to the Shepody River, along the private road on the line between William A. Peck and the estate of Eady Hoar, deceased, and a prolongation thereof to the said river ; and to avoid the great expense of establishing such road four rods wide, — Be it enacted, ^c. — 1. The Commissioners of highways for the said Parish be and they are hereby authorized to lay out such highway two rods wide, but subject in uU other respects to the conditions and provisions required by the law now in force providing for the laying out and establishing public high- ways, and that the same be allowed as one of the public highways as fully as if it had been four rods wide, any law, usage, or custom to the contrary notwithstanding, and that the Commis- sioners be and are hereby authorized to erect and establish a gate near the mouth of the said road on the northerly end thereof. 17th Victoria — Chapter 41. An Act to authorize the turning of West River, in the County of Albert, into Roshea Bay. Bection. Section. 1. Commissioners appointed.bywhom; their 2. Superintendent of Canals, by whom ap- """"• pointed ; ReguUtions, by whom made. 3. Canal, navigation of. Passed \st May 1854. Whereas it is deemed advisable to turn the waters of West River (so called) in the County of Albert, into Roshea Bay, for the purpose of making a Harbour of Refuge for coasting Vessels ; — 314 ALBERT. [17 V c 41 Be it therefore enacted, Ifc. — 1. It shall and may be lawful for the Lieutenant Governor in Council, to appoint fit and proper persons to be Commissioners for the purpose of carrying into eflTect the necessary work for the turning the waters of West River, in the Cou nty of Albert, into Roshea Bay, in the said County, and to erect a dam or embankments across the said river ; and with the consent of the proprietors of the land, to make and erect a Canal thereat. 2. After such Canal shall be erected, it shall and may be lawful for the Court of General Sessions of the Peace for the said County of Albert annually to appoint one or more fit persons as Superintendents of the said Canal, whose duty it shall be to remove all obstructions that may be put or found therein ; and such Court of Sessions shall have power to make and enforce such rules and regulations for the management of such Canal as they in their discretion may think fit. 3. The said Canal shall at all times be available for the purpose of navigation in the same manner as the said West River has been accustomed to be used. 16 V C 41] WESTMORLAND. 315 16th Victoria — Chapter 41. An Act to authorize the Justices of the Peace for the County of Westmorland to assess the inhabitants of the Parishes of Moncton and SaUsbury for the erection of a Lock-up House for the said Parishes. Section. Section. 1. Lock-up House, for what Parishes, and S.Whatpersonscomniittedtolock-upliouse. how erected. Sec. 3. AssesBment for, how apportionea. Passed 3rd May 1853. Be it enacted, ^c. — 1. The Justices of the Peace for the County of Westmorland, or the major part of them at any General Sessions of the Peace, be and they are hereby authorized and empowered to contract and agree with able and sufScient workmen for building and finishing a lock-up house or house of correction at the Bend, in the Parish of Moncton, in the said County, and to agree for such sum or sums of money as to them may seem meet, in order to carry this object into effect ; and the said Justices, or the major part of them at the General Sessions as aforesaid, are hereby autho- rized and empowered to make rate and assessment upon the inhabitants of the said Parishes of Moncton and Salisbury, for a sum not to exceed one hundred and fifty pounds, for defraying the expense of the erection and finishing of said lock-up house or house of correction, and from time to time to make such rules and regulations for the management of the same as to them may seem meet. 2. It shall be lawful for the High Sherifi" of the said County, and other officer having legal custody of any person or persons who shall or may be arrested in the said Parishes of Moncton and Salisbury, in all cases in which the said Sheriff and other officer as aforesaid could legally lodge the said person or persons in the common gaol of the said County, to commit the said person or persons to the said lock-up house or house of correction, until the said person or persons can be removed to the said County gaol ; provided always, that no person under civil arrest shall be detained in such lock-up house or house of correction for any space of time exceeding twenty days. 3. The said sura of one hundred and fifty pounds so to be assessed and apportioned between the said Parishes, shall be levied, collected, and paid agreeably to any Acts in force for the assessing, collecting, and levying of County rates. 316 KENT. [13 V c 11 tamixT. 13th Victoria — Chapter 11. An Act to provide for more effectually repairing the Streets and Bridges in a part of the Parish of Richibucto. Section. Section. 1. Money rate for statute Ubour, in what 2. Moneys, how to be leyied, ic. part of Parish. Passed ilth April J 850. Be it enacted, ^c. — 1. All persons liable to perform labour on the streets and hig^hways in that part of the Parish of Richibucto, in the County of Kent, which is included within the following limits, to-wit : — Commencing on the south side of Richibucto River, at the Creek called Child's Creek, and extending to the Creek below George Bell's, commonly called Bell's Creek, and back to the Galloway road; and on the north side of said river, the district commencing at Mooney's Creek, and extending to the upper line of David Wark, Esquire, including all the lands fronting on the Richibucto River within the limits described, shall in future, in lieu of such labour, annually pay the sum of one shilling and three pence for each and every day's labour such persons are respectively liable to perform. 2. The moneys required to be paid in virtue of this Act, shall be levied and collected in the same manner as any Parish or County rates are levied and collected by virtue of any law now in force or which may hereafter be in force for that purpos.e in this Province ; and when collected, such moneys shall be paid over to the Commissioners of highways for the said Parrsb, to be by them expended on the streets and bridges within the above described limits, in the same manner as any moneys by them received in lieu of labour have been hitherto by law expended. 5 G 4 C 23] NORTHUMBERLAND. 317 IVOBTIIUlIItEini/AiyjD. 5th George 4th — Chapter 23. An Act to provide for the better support of the Poor ia certain Parishes in the County of Northumberland. Section. Section. 1. Building for Alms House, how to be 5. CommiBsioners may agree with Over- erected and paid for. seers of other Panshes, same County. 0. . Gomrnissipnera lor same, how appointed, 6. Profits of work, how applied. and their duties. 7. Until Alms House erected, what build- 3. Regulapons, &c. by whom to be made. ing may be hired. 4. Commissioners, how to account. Passed Uth March 1824. Whereas by the mode generally pursued to provide for the support of the poor in this Province, many persons who might, under proper regulations, contribute to their own maintenance, have nevertheless become chargeable to, and are entirely maintained by, the inhabitants of the Parishes in which sucfe persons reside, to the great burthen of such inhabitants : And whereas the establishment of suitable Alms Houses and Work Houses, in proper situations, within thi.« Province, would not only enable many poor persons who are now chargeable to the Parishes in which they reside, to contribute materially to their own support, but would also afford the means of checking the disorderly behaviour of divers persons, who by drunkenness and idleness disqualify themselves from earning a proper support ; — Be it therefore enacted, &f.c. — 1. The Justices of the Peace for the County of Northumberland, in their General Sessions, be and they are hereby authorized and empowered to agree for the erecting and finishing a proper building for an Alms House and Work House in the Town or Parish of Newcastle, and to fix upon a certain sum of money for defraying the expense thereof, which sum of money shall be raised by an assessment upon the inhabitants of Newcastle, Chatham, Northesk, Ludlow, Alnwick, and Glenelg, in the said County, in the manner pre- scribed by any law in force for assessing, collecting, and levy- ing County rates, provided that such assessment shall not exceed the sum of seven hundred pounds. 2. It shall and may be lawful for the President or Com- mander in Chief of the Province, by Warrant under his hand and seal, to be issued by and with the advice of His Majesty's 318 NORTHUMBERLAND. [5 G 4 C 23 Council, from time to time to appoint so many fit persons, not exceeding seven, nor less than five, (not mofe than two of whom shall be Justices of the Peace for the said County,) to be Com- missioners for superintending and managing the said buildings so to be erected for the purposes aforesaid; and that it shall and may be lawful for the said Commissioners from time to time to provide such materials and things as they shall judge necessary for the setting to work and employing such poor persons, of what age or sex soever they be, who may apply for relief and shall be able to work, and shall have pOwfer and authority, at their discretion, to compel such idle or poor peoplb begging or seeking relief, as do not betake themselves to some lawful employment, or who do or shall hereafter seek or re- ceive alms of any of the said Parishes hereinbefore mentioned, within the said County, or who may stand in need of relief from any of the said Parishes, to dwell, inhabit, and to work in the said Work House, and to do all such work as they shall think them able and fit for, and shall have the same powers to bind out poor children apprentices, as are by the laws of this Province given to the Overseers of the poor in the several Towns or Parishes in this Province. 3. The said Commissioners so to be appointed as aforesaid, shall have power to make such rules, orders, and regulations for the good government and management of the said Alms House and Work House, as they shall find necessary, (such rules and regulations to be approved of by the said Justices in their General Sessions,) and to inflict such correction and punishment, by solitary confinement or otherwise, from time to time, as to them shall seem reasonable, on any person or persons within the said Alms House or Work House who shall be set to work and shall not conform to such rules, orders, and re- gulations to be made as aforesaid, or shall misbehave in the same. 4. The said Commissioners shall at the first General Sessions of the Peace to be holden for the said County annually lay before the Justices in their said Sessions an account, to be audited by the said Justices, of the expenses incurred by them for the support and maintenance of the poor of the said Alms House and Work House for the past year, together with an estimate of what sum or sums of money will be needful for the 5 G 4 C 23] NORTHUMBERLAND. 319 maintenance or employment of the poor of the said house for the current year j in which estimate shall be stated the propor- tion that each Town or Parish within the said County ought to pay, according to the number of poor persons that such Town or Parish shall have in the said Alms House, or com- mitted to the care of the said Commissioners, to the intent that no other levy or assessment may be made for any other main- tenance or allowance to or for any such poor ; which sum or sums of money shall be assessed, levied, and raised in such manner and form as by the laws of this Province is or shall be appointed and directed, and when raised and received, shall be paid to the said Commissioners for the use aforesaid, and for no other. 5. The Commissioners to be appointed in pursuance of this Act, shall have full power and authority to contract and agree with the Overseers of the poor of any Parish in the said County, or of any adjoining County of this Province, for the mainten- ance of any poor persons belonging to such Parishes respec- tively, which contract and agreement such Overseers are hereby authorized and empowered to make ; provided always, that such Overseers shall first pay or secure to be paid to the said Com- missioners, such sum or sums of money as shall be so agreed for, and shall also report to the said Commissioners the names, character, and condition of all such poor persons within the said Towns or Parishes respectively, in whose behalf such ap- plication shall be made. 6. The profits of any work or labour to be performed under the direction of the said Commissioners, shall be duly accounted for by them, and applied towards the support and maintenance of the persons inhabiting within the said Alms House and Work House. 7. Until such time as a proper building shall be erected and prepared within the said Parish of Newcastle, for the purposes by this Act contemplated, it shall and may be lawful for the Commissioners to be appointed as hereinbefore montioned, to hire and make use of any other house within the said Parish, which they shall think fit and convenient for an Alms House and Work House, in manner and form as by this Act is pre- scribed. 320 NORTHUMBERLAND. [4 V C 25 4th Victoria — Chapter 25. An Act to authorize the Justices of the Peace for the County of Northumberland to erect a Lock-up House in the Town of Chatham, in the said County. . Section. Secdoh. 1. Lock-up House, bow to be erected and , 4. What persons niay be committed to lock* paid for. up house. S., Maintenance of, how paid for. 5. Seamen, when may be committed to. 3. Regulations for, by whom to be made, ' Pamd \9lh March 1841. Whereas from the great increase of the Town of Chatham, in the County of Northumberland, and in Goneequeiice of the distance therefrom to the County gaol, and the difficulty of crossing the River Miramichi thereto at certain seasons of the year, great inconvenience is oftentimes experienced by the Magistrates residing in the said Town for the want of a lock- up house or place of safe keeping, in which to confine persons committing breaches of the peace and other minor offences; in remedy whereof, — Be it enacted, fye. — 1. The Justices of the Peace for the County of Northumberland, or the major part of them, may and they are hereby authorized and required at their first General Sessions of the Peace hereafter to be holden, to purchase a piece of ground in the Town of Chatham, on which to erect a lock-up house, and to contract and agree with able and sufficient workmen for the erection and finishing of a suitable lock-up house on the said piece of ground in the Town of Chatham, and the said Justices or the major part of them at any General Sessions of the Peace, are hereby authorized and required to make a rate and assessment for a sum not exceeding two hundred and fifty pounds, to defray the expense of purchasing the said land, and erecting and finishing the said lock-up house ; such assessment to be levied and collected in such proportions and in such manner on the inhabitants of such County, residing on the front lots situate between the lower side of Clark's cove and the upper side of Saint Andrew's Church, in the Parish of Chatham in the said County, including all the inhabitants of the Town or Village of Chatham, living within the above named limits, whether residing in tho front or rear of the said Town, as the said Justices or the major part of them may direct; which sum, subject to the limits a'foresaid, shall be assessed, levied, and paid agreeably to any 4 V C 25] NORTHUMBERLAND. 321 Act now or which may hereafter be in force for the assessing, levying, and collecting County rates. 2. When and so soon as the said lock-up house shall be erected, completed, and fit for use, it shall and may be lawful for the Justices of the Peace for the said County, and they are hereby required annually at the first Court of General Sessions of the Peace for the year, by order of the said Court upon the County Treasurer, to cause to be paid out of the County funds a sum not exceeding thirty five pounds towards the payment of the keeper and the support and maintenance of the said lerck-up house, if there be County funds to meet such payment, if not, the same to be annually assessed, levied, and collected off the inhabitants of the County in the same manner as other County assessments are assessed, levied, and collected. 3. The said Justices of the Peace for the said County of Northumberland shall and they are hereby authorized and required at any General Sessions of the Peace to be holden in the said County, to make such rules and regulations for the custody and management of the said lock-up house as may from time to time be necessary and expedient. 4. It shall and may be lawful for the High Sheriff of the said County of Northumberland, or any other officer who shall have arrested or have in legal custody any person or persons charged with any crime or misdemeanor whatsoever, for which such person shall be ^iable to be committed to the gaol of the said County, to commit such person or persons to the said lock-up house until he or they can be conveyed to the County gaol J provided always,; that no such person or persons shall be longer kept or detained in the said bck-up house than thirty six hours from the time of his or their commitment thereto, except when the river is in an impassable state during the spring and fall from the ice, and then only till the same can be crossed with safety. 5. It shall and may be lawful for any Justice or Justices of the Peace for the said County of Northumberland, before whom any mariner or seaman shall be hereafter convicted under and by virtue of any laws now in force or that may be hereafter in force iathis Province for the regulation of seamen, to commit such mariner or seaman to the said lock-up bouse instead of the County gaol, if such Justice shall find it neces- 21 322 NORTHUMBERLAND. [4 V C 27 sary and advisable so to do ; provided always, that no such mariner or seaman shall remain or be longer confined in the said lock-up house than forty eight hours, and if such seaman or mariner be subject and liable to longer confinement, then to be conveyed to the County gaol, and all charges to be defrayed by the ship master or person so confining said mariner or seaman. 4th Victoria — Chapter 27. An Act to authorize the appointment of Commissioners to laj out a Street or Highway through the Town of Chatham, and to establish and regulate Public Landing? in the said Town. Section. Section. 1. Conrniissioners to be appointed, and for 4. Repealed. . / what. 5. Record of landings. ' S. Repealed. 6. Slips, &c., what deemed. 3. Guiumissioners to make returns, &c. ' ' Passed \Qth March 1841. Whereas from a recent survey of the Street or Highway through the Town of Chatham, it appears that the same in many cases departs wholly from the original record thereof, and that buildings have been erected on the recorded line, the removal of which would cause much inconvenience, annoy- ance, and expense: And whereas the Commissioners of High- ways have experienced great d'fHculty in preventing encum- brances thereon, from the bounds of the said Street or Highway not being properly defined : And whereas from the buildings and erections in the said Town, a sufficient space is not left to enable the Commissioners of Highways to lay out and record a Street or Highway through the said Town of the width of four rods as by law is required : And whereas great incon- venience has arisen to the public in consequence of the several Landings in the said Town being obstructed ; for remedy wheredf, — Be it enacted, ^e. — 1. It shall and may be lawful for the Lieutenant Governor to appoint three or more fit persons Commissioners to lay out a street or public highway through the Town of Chatham, commencing at Coulson's slip, so called, and terminating at Saint' Andrew's Church. 2. Repealed by 5 V. o. 24, s. 1. 4 V C 27] NORTHUMBERLAND. 323 3. The said Commissioners shall forthwith, after laying out the said street or highway, make a return thereof in writing under their hands into the office of tiie Clerk of the Peace for the County of Northumberland, who shall enter the same in the book kept for the purpose of recording roads or highways; which return shall distinctly designate the marks, bounds, and lines by which the said street or highway may be known and ascertained ; and whatsoever the said Commissioners shall do according to the powers given them in this Act, being so entered, shall be valid and good to all intents and purposes whatsoever, andthe said street ov highway when so laid out and entered as aforesaid, shall bedeemed and used as a public street or highway for the use and benefit of the public, in as ample and full a manner as if the same had been laid out and recorded under and pursuant to the provisions and regulations of an Act made and passed in the fifth year of the Reign of His late Majesty King William the Fourth, intituled An Act to repeal all the laws now in force for regulating, laying out, and repairing Highways and Roads, and for appointing Commissioners and Surveyors of Highways in the several Towns and Parishes in this Province, and to make more effectual provision for the same, or under or pursuant to aiiy Act of Assembly now in force for establishing and regula- ting Highways in this Province. 4. Repealed by 5 V. c. 24, s. 1. 5. All such landings as the said Commissioners or the major part of them shall lay out or define to be public under the provisions of this Act, such Commissibners of the major part of them shall cause to be recorded with the' Clerk of the Peace for the County, which record vvhen so made shall be good evidence of such being public landings in all Courts of law in this Province. 6. When and so soon as the said Commissibners or the major part of them shall have so laid out and defined the public slips and landings in the Town or Parish of Chatham, as directed in and by the provisions of this Act, and shall have caused the same to be recoi'ded in manner aforesaid, such slips and public landings shall thereafter be considered and taken to be part of the Queen's highway, and be subject to all the rules and regulations that the other highways or public roads 024 NORTHUMBERLAND. [5 V C 24 and streets' of the said Parish are subject to, and all persons obstructing the same shall be subject to the like pains and penalties therefor, that any person or persons is, are, or may be subject to by any laws now or that shall hereafter be in force for preventing the obstruction of the highways and public roads of the said Parish or County, and be recovered and applied in like manner. 5th Victoria — Chapter 24. Ao Act to repeal certain parts of an Act intituled An Act to authpriige the appointment of Commissioners to lay out a Street or Highway through the Town of Chatham, and to establish arid regulate Public Landings in the mi4 Town, and to make other provision in lieu thereof. Section. Section. 1. Certain SectionB of what Act repealed. 3. Wliat landiiigi, &c., to be laid out, &c. !!. Street, how to be laid out. Passed 29tk March 1842. Be it enacted, Sfc- — 1. The second and fourth Sections of the Act intituled An Act to authorize the appointment of Commissioners to lay out a Street or Highway through the Town of Chatham, and to establish and regulate Public Land- ings in the said Town, be and the same are hereby repealed ; and in lieu thereof, — 2. It shall be the duty of the Commissioners to be appointed under the provisions of the said Act, or the major part of them, in laying out the said street or highway, to adhere to the line of road as at present used through the said Town, and com- monly called Water Street, and to make the same as wide and straight as practicable, not in any case interfering with buildings or fences without the written consent of the proprietors. 3. The said Commissioners or the major part of them are hereby authorized and required to lay out or define the landings in the Town of Chatham that have heretofore been used as public landings, to-wit, the landing commonly called Coal- som landing, the slips or landings known as Charter's slip, Peabody's slip, and the slip laid out by and on the property of the Chatham Joint Stock Company, and known as the public landing. 8 V C 57] NORTHUMBERLAND. 325 8th ViCTORtA — Chapter 57. An Act to establish periodical Fairs in the Town of New- castle, in the County of Northumberland. Election. Section. i, I^airs, when and where held. 3. Act, when may be amended. 2. KeepeTi &c. of Fairst b; whom, and for What purpose appointed. Passed tjth March 1845. Whereas the establishment of Fairs or Public Market days' is calculated to promote Trade, encourage the Farmer, and lead to emulation and competition in the rural operations of the County ; — Be it therefore endeted, Sfc. — 1. From and after the passing of this Act there shall be two Public Fairs held at the Town of Newcastle, in the said Countyj on the first Tuesday in October and the first Tuesday in March in each and every year, under such rulesj regulations, and restrictions as the Justices of the Peace of the said County at the Cou rt of General Sessions of the Peace for the said County, at the July Term, shall annually make, order, and direct; which rules, regulations, and restrictions shall, as soon as may be after the same are rhade, be published by the Clerk of the Peace or Custos Rotu- lorum of the County, in one or more of the public Newspapers of the County, or if none lie there published', then in the Royal Gazette, for the next six months immediately after the making of such order ; which orders, rules, and regulations, when so made and passed, shall continue and be in force till annulled', altered, or amended by any subsequent order, which shall only be done at the July Term in each year. 2. It shall and may be lawful for the said Justices at their General Sessions from time to time, and at all times hereafter, to nominate and appoint an oflicer to be called the Keeper of such Fairs, and such other officers for the proper government of such Fairs as the said Justices in their said General Sessions may deepi necessary for the conducting, managing, and enforcing the orders, rules, and regulations relating to the holding,, conducting, and management of such Fairs so to be holden as aforesaid, who shall respectively be sworn to the faithful discharge of the duties of his or their offices^ and which said Keeper, and other officers appointed under the provisions of this Act, shall have the same power and authority as any 326 NORTHUMBERLAND. [JS V C 17 constable or constables in all matters relating to the preserva- tion of the peace and ordisr daring the continuance or operations of such Fairs or Market ; and such Justices are hereby autho- rized from time to time at such General Sessions as aforesaid, at their pleasure, to remove such keeper or other officers, and another or others to appoint in their stead, and to appoint the place in the said Town of Newcastle at which such Fairs shall be held ; and shall have full power and authority, and they are hereby authorized and empowered to fix upon and regulate the rates and amount of fees to be received by the keeper and officers of such Fairs, and how the same shall be collected, paid, and received, and the sources from which the same are to be raised ; provided always, that if it shall at any time be deemed necessary by the said Justices at such Sessions to make an assessment for the payment of the fees of the officers appointed under the provisions of this Act for enforcing the rules and regulations so made, for the proper conducting of such Fairs or Market, the said Justices are hereby authorized to order such assessment, which assessment shall be raised, levied, and collected in the same manner as other County or Parish rates are by law now, raised and collected ; provided always, that such assessment shall in all cases be confined to the residents of the Town of Newcastle, or persons residing within the following bounds or limits, that is to say, between James Ledden's lowier line in Newcastle on the one side, John A. Street's upper line on the upper side, and that the same shall not extend to the settlers on the back lots; and provided also, that such assessment shall not exceed the sum of five pounds in any one year. 3. This Act may be altered, amended, added to, or diminished in any way so as more effisctually to accomplish the objects thereof, the present Session of the Legislature. 13th Victoria — Chapter 17. An Act to enable the Justices of the Peace for the County of Northumb'erjand. for the time being to receive the title of and hold a piece of Land in- the Town of New- castle; for the use of a Grammar School in the said -Town. 15 V C 66] NORTHUMBERLAND. 327 Section 1. — Certain Land vested in Justices, for wUat purpose. Passed •nQlh Apiil 1850. Whereas it is desirable that the title to the piece or parcel of land situate in the Town of Newcastle, in the County of Northumberland, hereinafter described, should be vested in the Justices of the Peace for the aforesaid County, in trust for the use of a Grammar School in the said Town ; — Be it therefore enacted, ifc. — 1. From and after the passing of this Act, the following piece of land, being a parcel of the public lot on which the Court House and Gaol are built in the Parish of Newcastle, and distinguished in the Town plat or plan as the lot number twenty in block letter C, and abutted and bounded as described in the plan on file in the office of the Clerk of the Peace for the said County, the said lot being of the width of one hundred and fourteen feet fronting on Duke Street, and eighty six feet on Regent Street, which said lot, piece, or parcel of land was purchased by sundry inhabitants of the safd Town for the use of a Grammar School, shall be and the same is hereby vested in the Justices of the Peace for the County of Northumberland, and their successors, for and in trust for the use, benefit, and advantage of a Grammar School in the Town of Newcastle, for the instruction of youth; provided always, that the said Justices shall not appoint any Trustees or Teachers, or interfere in the management of the said School in any way. 15th Victoria — Chapter 66. An Act to legalize the acts of the Commissioners appointed to lay out a Street or Highway through the Town of Chatham, and to establish and regulate Public Landings in the said Town. Section 1. — Former acts of Commissioners legalized. Passed "Jlh April 1852. Whereas by an Act made and passed in the fourth year of the Reign of Her present Majesty, intituled An Act to autho- rize the appointment of Commissioners to lay out a Street or Highway through the Town of Chatham, and to establish and regulate Public Landings in the said Town, the Lieutenant Governor was authorized to appoint three or more fit persons 328 NORTHUMBERLAND, [17 V C 3 Commissioners to lay out a Street or public highway through ' the said Town of Chatham : And whereas but two persons were appointed under said Act, who attended to the duty, laid out said Street, and recorded the same under the provisions of said Act : And whereas doubts have arisen as to the legality of their proceedings, in consequence of the strict letter of the Act requiring three or more Commissioners; for remedy whereof, — Be it enacted, ifc. — 1. AH the proceedings of the two Com- missioners appointed under said Act, and which were had, taken, and performed by such two Commissioners in accordance with the terms and provisions thereof, shall be and they are hereby declared as binding in every respect as if three Com- missioners had been appointed under the said Act, and as if such survey and other proceedings bad been made and taken by three Commissioners ; any thing in the said Act to the con- trary notwithstanding. 17th Victoria — ^Chapter 3. An Act to make further provisions for the support of Buoys and Beacons in the Bay and Harbour of Mira- michi. Section 1. — ^An increased duty per toi granted. Passed im March 1854. Whereas in and by the fifth Section of an Act intituled An Act to consolidate the Laws relating to Buoijs and Beacons, the sum of one penny per ton is granted to Her Majesty, Her Heirs and Successors, on all vessels entering the Bay or Harbour of Miramichi, in the County of Northumberland, for defraying such expenses as may be incurred in erecting, build- ing, rebuilding, replacing, and supporting Buoys and Beacons : And whereas the said duty has been found insufficient for the purposes intended ; — JB« it therefore enacted, Ifc, — 1. There be and is hereby granted to Her Majesty, Her Heirs and Successors, for de- fraying such expenses as may be incurred in erecting, building, rebuilding, replacing, and supporting such Buoys and Beacons, on all vessels entering the Bay or Harbour of Miramichi, in the County of Northumberland, the sum nf one penny half 17 V C 8] NORTHUMBERLAND. 329 penny per ton for each and every ton such vessel shall ad- measure per register, in lieu of the amount granted in and by the said Act. 17th Victoria — Chapter 8. An Act to relieve the Engine Men of the Chatham Fire Engines, in the County of Northumberland, from Parish offices, and to afford immunities and exemptions to them in certain cases. Section 1. — Firemen to be exempt from certain public services. Passed 20th March 1854. Whereas the Firemen attached to the Chatham Fire En- gines in the County of Northumberland, have to perform onerous and responsible duties as such, and are liable to much expense and loss of time in the performance of such duties, and it is therefore deemed expedient to relieve them from other duties and liabilities as inhabitants of the Town of Chatham, and of the County of Northumberland ;— Be it therefore enacted, ifc. — 1. From and after the passing of this Act, each and every of the Firemen attached to any of the Fire Engines of the Town of Chatham, in the County of Northumberland, and who have been or may hereafter be re- gularly appointed by the Firewards of the said Town, as by law directed, and who shall accept and perform the duties, so long as he or they may continue so attached and perform such duties, shall be exempt and relieved from all and every Parish office in the said Parish of Chatham, and also from serving upon any Jury in any of the Courts of Law in said County, and also from the performance of statute labour in said Parish of Chatham, provided that nothing in this Act shall be construed to relieve any of such Engine men who have been appointed to any Parish office, from serving in the same during the current year. 330 GLOUCESTER. [13 V c 18 CiliOITCESTEB. 13th Victoria — Chapter 18. An Act to prevent the spread of a disorder now existing in certain parts of the Counties of Gloucester and Northumberland. Section. Section. ,, 1. Bnard of Health, how appointed, arid for 6. Penalties for resisting Boards' authority, what places, &c. , &c. 9. Lazaretto, how to be erected, &c. 7. When sued for anything done under Act, 3. Persons diseased to be removed thither, what may plead. 4. Regulations for Lazaretto, by whom tot 8. Governor, &c. may remove to Lazaretto be made, &c. any one having the disease. 5. Magistrates, &c. to lend their aid. 9. Continuance of Boards. 10. Limitation. Passed 26th April 1850. Whereas a loathsome disease, supposed to be a species of leprosy, has been for several years slowly extending itself among the French population on that part of the coast of the County of Gloucester immediately adjoining the County of Northumberland, at Tracadie, and also in parts of the said County of Northumberland ; and it is therefore deemed absolutely necessary that measures should be adopted to prevent the further spread of the said disease, and as far as possible to relieve the unfortunate individuals infected with the same ; — Be it therefore enacted, ifc. — 1. From and after the time limited for this Act to come into operation, it shall and may be lawful for His Excellency the Lieutenant Governor or Admin- istrator of the Government for the lime being, by and with the advice of Iler Majesty's Executive Council, to appoint three or more persons to constitute a Board or Boards of Health, to have authority in the said Counties or in either of them, or in such Parish or Parishes, District or Districts of them or either of them as he may deem necessary, to be called the Board of Health of such County or Counties, Parish or Parishes, District or Districts for which such Boards of Health shall be respectively appointed, and to displace all or any such persons and appoint others in the place or stead of such dis- placed person or persons, and also to increase the number of the members of such Board or Boards of Health. 2. Any Board of Health so to be appointed, shall have full power and authority, with the consent and approbation of His 13 V C 18] GLOUCESTER. 331 Excellency the LieutenEUit Governor or Administrator of the Government for the time being, by and with the advice of the Executive Council, to erect or procure a suitable building or buildings as and for and to be styled and called a Lazaretto, to be erected or procured at such place or places in the said Counties of Gloucester or Northumberland as His Excellency the Lieutenant Governor or Administrator of the Government for the time being, by and with the advice aforesaid, ma:y direct and appoint ; and to take possession of and have the control of any Lazaretto or Hospital already erected under the provisions of an Act passed in the seventh year of the Reign of Her present Majesty, under the same title of the present Act, and such Lazaretto shall be under the full and absolute control, management, and direction of the Board of Health vyithin whose district the same may be erected or procured, subject nevertheless to the rules and regulations hereinafter mentioned. 3. Each and every Board of Health to be appointed by virtue of this Act, and each and every member of any such Board in their respective Districts, shall have full power and authority, collectively and individually, at all convenient times in the day time to visit, inspect, and examine any person or persons suspected to be labouring under or infected with the disease hereinbefore mentioned, and for that purpose to enter into any house, building, or enclosure in which it may be suspected that any such person or persons may be found, and to break open the same if necessary so to do in order to obtain entrance, and by order in writing under the hand of any member of such Board of Health, to cause to be removed to the Lazaretto all and every person or persons who upon such examination and inspection shall be found to be labour- ing under or infected with the said disease, there to be kept and detained subject to the rules and regulations made and ordained or to be made and ordained for the government of such Lazaretto. 4. It shall and may be lawful for His Excellency the Lieutenant Governor or Administrator of the Government for the time being, by and with the advice aforesaid, from time to time to make, ordain, and establish such bye laws, rules, and regulations for the due care, government, management, and 332 GLOUCESTER. [13 V C I^ support, medical, surgical, and other superintendence of any Lazaretto already erected under the provisions of any law now in force, or to be erected or procured under any of the provi- sions of this Act, as to His Excellency the Lieutenant Governor or Administrator of the Government for the time being, by and with the advice aforesaid, shall appear expedient and necessary, and to rescind, cancel, and annul any such bye' laws, rules, and regulations, and in his discretion, with the advice aforesaid, others in their place to make and ordain, and to enforce the same and ^every thereof by the imposition of such moderate and reasonable fines and penalties to be expressed in such bye laws and regulations, not exceeding for any one breach of the said bye laws or regulations, or of any one of them, the sum of five pounds, to be sued for, recovered, and levied in like manner as the penalties imposed by the sixth Section of this Act are directed to be sued for, recovered, and levied ; provided always, that no offender prosecuted and convicted for any penalties or forfeitures under this Section shall for the want of goods and chattels whereon to levy the same, be committed to the common gaol, there to remain without bail or mainprize, for a period of more than twenty days or less than five days ; which fines or penalties when recovered, after the payment of expenses of prosecution, shall be paid over to the Secretary and Treasurer of the said Board of Health, and be applied towards defraying the expenses of the said Lazaretto. 5. It shall and may be lawful for any Board of Health to be appointed by virtue of this Act, and for each and every member of the same, to call upon any Magistrate, Constable, or other peace officer, or any other person, to render aid and assistance in carrying into effect the provisions of this Act, or of any rule or regulation to be made under the authority of the same, or in exercising the powers and authority hereby given, and all such persons are hereby required to be aiding and assisting such Boards of Health, and the several members thereof respectively, when so called upon as aforesaid. 6. If any person or persons shall directly or indirectly obstruct or resist any of the Boards of Health so to be appointed, or any member of the same, or any person or persons acting in aid of or under the authority, direction, or 13 V C 18] GLOUCESTER. 333 requisition of such Board, or member thereof, in removing any person or persons infected, or reasonably suspected to be infected with the said disease, or shall conceal or secrete any diseased person, or shall assist any such diseased or suspected person in escaping, or secrete or conceal any such person or persons as shall or may escape from any Lazaretto erected or procured by virtue of this Act ; every person or persons so offending shall forfeit and pay a penalty not less than five pounds nor more than twenty pounds, to be recovered on the oath of one or more credible witness or witnesses before any one of Her Majesty's Justices off the Peace of the County in which such offence may be committed, at the suit of any member of the Board of Health within whose district such offence may be committed, to be levied by warrant under the hand and seal of such Justice, by distress and sale of the goods and chattels of such offender, and for want of sufficient goods and chattels, such offender shall be committed to the common gaol of such County, there to remain without bail or main- prize for a period of not more than forty nor less than twenty days ; which penalty when recovered shall be applied as follows, namely, one half to the person prosecuting for the same, and the other half towards defraying the expenses of the Lazaretto. 7. All and every person and persons who shall or may be sued or prosecuted for any thing by him or them done or committed under the powers given or liabilities created by virtue of this Act, he or they shall be allowed to plead the general issue in such suit and give any special matter in evidence. 8. It shall and may be lawful for His Excellency the liien- tenant Governor or Administrator of the Government for the time being, by and with the advice aforesaid, by Warrant under his hand, to direct and require the removal to such Lazaretto of any person or persons who upon examination and inspection shall be found to be labouring under or in- fected with such disease, and who may be found in any part of the Province to which the powers hereby given to the Board of Health to be constituted under this Act may not extend, there to be detained as provided by the third Section of this Act. 334 GLOUCESTER. [15 V c 64, 17 V c 9 9. The Boards of Health already appointed and now in operation under the provisions of the said Act made and passed in the seventh year of Her said Majesty's Reign, under the same title of this Act, shall continue and remain in office in like manner as if appointed under this Act, and until another Board or Boards of Health shall be appointed in their place under the provisions of this Act, any thing in this Act con- tained to the contrary notwithstanding. 10. This Act shall not come into operation or take effect until the first day of May next, and the same shall from thence continue and be in force until the first day of May which will be in the year of our Lord one thousand eight hundred and fifty two. 15th Victoria — Chapter 64. An Act to continue an Act to prevent the spread of a dis- order now existing in certain parts of the Counties of Gloucester and Northumberland. Section 1. — Act 13 V. c. 18, continued. Passed Jlh April 1852. Se it enacted, ^c. — 1. An Act made and passed in the thir- teenth year of the Reign of Her jiresent Majesty, intituled An Act to prevent the spread of a disorder now existing in certain parts of the Counties of Gloucester and Northumberland, be and the same is hereby continued and declared to be in force until the first day of May vvhich will be in the year of our Lord one thousand eight hundred and fifty seven. 17th Victoria — ^^Chapter 9. An Act to authorize the erection of a Marine Hospital at the Port of Bathurst. Section I. — Hospital maybe erected from surplus sick and disabled Seamen's Fund. Passed 2Qth March 1854. Whereas from the increase of Shipping resorting to the Port of Bathurst, it has been found necessary to erect an Hospital for the reception of sick Seamen, at or near the Town of Bathurst ; — 17 V C 9] GLOUCESTER. 335 Be it therefore enacted, Sfc. — 1. The surplus money (if any) raised in the Port of Bathurst, under and by virtue of any Act of the General Assembly now in force, or which here- after may be in force relating to the relief and support of sick and disabled Seamen, not being paupers, belonging to this Province, shall after the payment of any debts incurred for the medical attendance and support of sick and disabled Seamen at that Port, be applied to defray the expense of erecting a suitable building as a Hospital for such Seamen, until the expense of erecting such building be defrayed. 2 G 4 c 16] CHURCHES, 337 PRIVATE ACTS. CHURCHES. 2nd George 4th — Chapter 16. An Act to authorize the Rector, Charch Wardens, and Vestry of Saint Andrew's Church, in the Parish of Saint Andrews, to convey a certain piece of Glebe Land of the said Parish, and to dispose of the money arising from the sale thereof in the purchase of other lands. Section. Section. 1. Land, how and by whom conveyed, 3. Act what deemed. 2. Purchase money, how laid out. ' Passed 20th March 1821. Whereas the Rector, Church Wardens, and Vestry of Saint Andrew's Church, in the Parish of Saint Andrews, have, for and in consideration of the sum of one hundred and ten pounds, with the consent of the Reverend Jerome Alley, the present Rector or Minister of the said Parish, and the approbation of the Ecclesiastical Commissary for the Diocese, agreed with Thomas Wyer, Junior, Esquire, for the sale to him the said Thomas Wyer, Junior, of a certain piece of land in the said Parish of Saint Andrews, being part of a lot heretofore granted by Letters Patent under the Great Seal of this Province to the Rector, Church Wardens, and Vestry of Saint Andrew's Church, in the Parish of Saint Andrews, as a Glebe for the use, benefit, and behoof of the Rector, Parson, or Minister of the said Church for the time being ; which piece of land is bounded and described as follows, to-wit : — Commencing at a stake and stones on the northeast line of Prince of Wales Street ; thence running south forty five degrees east along the same, five chains of four poles each, to a stake^and stones opposite the centre of King Street ; thence north forty five degrees east, five chains, to the rear line of the Glebe land, lying northeast of and adjoining the Town plat of Saint Andrews ; thence along said rear line south forty five degrees east, five chains, to another stake and stones ; and thence south forty five degrees west, five chains, or until it intersects the northeast line of Prince of Wales Street, at the bounds first mentioned ; contain- 22 338 CHURCHES. [5 G 4 c 19 ing two and a half acres : And whereas it is expedient, and will be for the benefit of the said Church, that the said agree- ment should be carried into effect ; for the perfecting of which said agreement, and for carrying the same into full force and effect, — Be it enacted, i{c. — 1. The said Rector, Church Wardens, and Vestry of Saint Andrew's Church, in the Parish of Saint Andrews, be and they are hereby authorized and empowered, upon the receipt of the said sum of one hundred and ten pounds, by a good and sufficient deed to convey to the said Thomas Wyer, Junior, and his heirs and assigns, the said hereinbefore described piece of ground, to hold the same to him and his heirs and assigns for ever, saving nevertheless the right and title of the King's Majesty, His Heirs and Successors, and of any other person or persons, body politic and corporate, excepting the said Rector, Church Wardens, and Vestry of Saint Andrew's Church, in the Parish of Saint Andrews, and the said Rector, Parson, or Minister of the said Church, and the said Thomas Wyer, Junior, and any person or persons claiming by, from, or under them or any of them. 2. The said sum of one hundred and ten pounds shall, within six months from the time of the passing of this Act, be by the said Rector. Church Wardens, and Vestry of Saint Andrew's Church, in the Parish of Saint Andrews, laid out and invested in other land in the said Parish of Saint Andrews, for the use, benefit, and behoof of the Rector, Parson, or Minister of the said Church for the time being ; provided always, that the pur- chase shall be made by and with the approbation of the said Rector, Parson, or Minister of the said Church for the time being, and not otherwise. 3. This Act shall be deemed and taken to be a public Act ; any thing to the contrary thereof in any wise notwithstanding. 5th George 4th — Chapter 19. An Act for erecting a separate JParish in the City of Saint Jolin. Section. Section. 1. Pariah of Carleton, how established. 3. Saint John Parish, Corporation may con- 2. luhabitonlB of, whom to choose f9r Church vey to whom. ■' Wardens, &c.; how 'incorporated. 4, What rights aafved.' - 5 G 4 c 19] CHURCHES. . 339 Passed Wth March 1824. Whereas in and by an Act made and passed in the twenty- ninth year of the Reign of His late Majesty King George the Third, intituled An Act for erecting a Parish in the City of Saint John, and incorporating the Rectors, Church Wardens, and Vestries of the Church of England in the several Parishes in this Province, all the lands lying and being and contained within the limits of the said City of Saint John, on both sides of the Harbour of Saint John, are constituted and erected into one Parish, by the name of " The Parish of Saint John :" And whereas many of the inhabitants of the western part of the said City have, with the assent and concurrence of the Rector, Church Wardens, and Vestry of Trinity Church, in the said Parish, petitioned that that part of the said City of Saint John lying on the western side of the said Harbour of Saint John, comprehending Guy's Ward and Brooks' Ward, so called, and commonly called and known by the name of Carleton, should, for all ecclesiastical purposes, be constituted and established a separate and distinct Parish, by the name of " The Parish of Carleton," in order that a separate Rectory or Mission may be there appointed, and the Chapel there lately erected become the Parish Church of such Parish : And whereas it appears expedient and proper, as well from the great increase of inhabitants in the said City, since the passing of the above mentioned Act, and the local situation thereof, as for divers other good causes and considerations, that the same should be divided, for the above mentioned purposes, into two Parishes ; — Now therefore be it, enacted, ^c. — 1. From and after the first day of January which will be in the year of our Lord one thousand eight hundred and twenty five, that part of the said City of Saint John, lying on the western side of the said Harbour of Saint John, and comprehending the said Guy's Ward and Brooks' Ward, shall and the same is hereby declared to be, from and after the said first day of January one thousand eight hun- dred and twenty five, a separate and distinct Parish within the said City of Saint John, for all matters and purposes ecclesi- astical or relating to the Established Church of England, by the name of " The Parish of Carleton, in the City of Saint John." 2. The inhabitants of the said Parish of Carleton, who shall be duly qualified according to the Act of Assembly for that 340 CHURCHES. [5 G 4 c 1& purpose made and provided, shall on the Easter Monday which shall first happen in the said year of our Lord one thou- sand eight hundred and twenty five, and fiir ever thereafter, yearly and every year, assemble and meet together at the said Parish Church of Carleton, and then and there, by a plurality of voices, elect and choose two fit persons, belonging to the said Parish, to be Church Wardens for the year then nexl ensuing, and any number, not exceeding twelve, of other fit persons, belonging to the said Parish, to be Vestrymen for the year then next ensuing, who shall thereupon enter into the execution of their respective ofiices, and sliall continue in the same until other fit persons shall be chosen in their stead ; which persons so elected and chosen, together with the Rector of the said Parish, duly appointed and inducted, and their successors for ever, shall be a body politic and corporate in deed and in name, and shall have succession for. ever, by the name of " The Rector, Church Wardens, and Vestry of Saint George's Church, in the Parish of Carleton, in the City of Saint John," and shall be entitled to, and have, take, and enjoy all the powers, capacities, immunities, rights, and privileges, and be sulyect in all respects to the directions and provisions contained in the said recited Act, and ihe Act made in explanation and amendment thereof in the fifty sixth year of the Reign of His said late Majesty. .3. The Rector, Church Wardens, and Vestry of Trinity Church, in the Parish of Saint John, shall and may, and are hereby authorized and required, to gi-ant, convey, and release untuthe Rector. Church Wardens, and Vestry of Saint Gieorge's Church, in the Parish of Carleton, in the City of Saint John, when duly iappointed, all the right, title, and interest of the said Rector, Church Wardens, and Vestry of Trinity Church, in the said Parish of Saint John, of, in, and to the said lands and Chapel, at Carleton, and the rents, profits, and reversions of the pews therein, and of, in, and to all and singular the lands, tenements, and hereditaments whatsoever, situate and being within the limits of the said Parish of Carleton, to them the said Rector, Church Wardens, and Vestry of Trinity Church, in the said Parish of Baint John, in any wise belonging; to have and to hold to the said Rector, Church Wardens, and Vestry of Saint George's Church, in the said Parish of Carle- ton, their successors and assigns, for ever. 7 Cr 4 C 20] CHURCHES. 341 4. Nothing in this Act contained shall be construed in any way to abridge, diminish, or take away any of the rights, powers, privileges, and advantages of the Mayor, Aldermen, and Commonalty of the City of Saint John, or of any of the citizens or inhabitants of the said City, as granted to them in and by the Charter of the said City, any thing herein contained to the contrary thereof in any wise notwithstanding. 7th George 4th — Chapter 20. Au Act to authorize the Rector, Church Wardens, and Vestry of Christ Church, in the Parish of Saint Stephen, to dispose of a part of a tract of Glebe Land in that Parish, and to vest the proceeds in other lands more productive to the Rector. ^e":""" Section. 1. Corporation, wliat part of Glebe may sell, 2. How procseds disposed of. * ' and how. Pa-isBd 7th March 1826. Whereas a certain tract of Land, situated in the Parish of Saint Stephen, in the County of Charlotte, adjoining the Village of Milltown, heretofore granted by Letters Patent under the Great Seal of this Province to the Church Wardens and Vestry of the Parish of Saint Stephen, for the use, benefit, and behoof of the Rector, Parson, or Minister for the time being, lies now almost a common, yielding but a trifling income to the incumbent : And whereas from the contiguity of the front of the said tract to the said Village, a part of the same tract would sell in building lots for high prices, and the money arising from such sales being vested in other lands, would improve the state of the Glebe, and render the same more profitable to the incumbent ; — Be it therefore enacted, ifc.~l. The Rector, Church War- dens, and Vestry of Christ Churqh, in the Parish of Saint Stephen, be and they are hereby empowered to sell in building lots the front of the said Glebe Lot, (not exceeding thirty acres), and to make good and sufficient deeds of con- veyance of the same, with the concurrence of the Archdeacon or Ecclesiastical Commissary of this Province, who, shall be a party to every such deed of conveyance, and sign and seal the same. 342 CHURCHES. [10 & 11 G 4 c 26 2. The amount arising from such sale shall be expended by the said Rector^ Church Wardens, and Vestry in the purchase of other lands to them and their successors, for the use, benefit, and behoof of the said Rector of Christ Church, in the Parish of Saint Stephen, and his successors, as a Glebe, in such manner as shall be directed by Commissioners to be for that purpose nominated and appointed by the Lieutenant Governor or Commander in Chief for the time being, by warrant under his hand and seal, which Commissioners, or the major part of them, shall signify their assent to any deed or deeds of con- veyance of lands so purchased upder and by their directions, by signing and sealing the same. 10th & 11th George 4th — Chapter 26. An Act to confirm a division made of certain Lands situate at Cliamcook, in tlie Parish of Saint Andrews, granted to the Justices of the County of Charlotte in trust for the use and benefit of the Rector or Minister and Parish School of the same Parish, Section, Section. 1. Division of land. ..■'■i ,-,- , 4. Lands held in trust not to be conveyed. 2. What tract to be conveyed by, and to 5. Reservation of rights. whom. 6. Act what deemed. 3. What School tracts vested in whom. ' Passed Sth March 1830. Whereas by a certain grant or Letters Patent under the Great Seal of the Province of New Brunswick, bearing date the ninth day of November in the yearof our Lord one thousand seven hundred and eighty seven, certain tracts of land situated at Chamcook, in the Parish of Saint Andrews, in the County of Charlotte, were granted to the Justices of the Peace of the said County in trust for the use, behoof, and benefit of the Rector or Minister and of the School of the said Parish of Saint Andrews : And whereas at the General Sessions of the Peace for the said County held in the month of April in the year of our Lord one thousand eight hundred and twenty one, the said Justices in General Sessions, at the joint request of the Rector of the said Parish and of the Trustees for the Parish School^ ordered an equal division of the said tracts of land so granted as aforesa!id to be made between the parties interested therein, under the trusts of the said grant : And whereas an equal It) & 11 G 4 c 26] CHURCHES. 343 division has been made of the said tracts of land pursuant to the order of the said Justices in Genera! Session; and the said Rector's share or division of the said land, according to the division so made as aforesaid, is distinguished and described by the survey and plan of division made thereof by Colin Campbell, Esquire, Deputy Surveyor, as follows, lo-wit : — The first tract, letter C, beginning on the northern bank or shore of Passamaquoddy Bay, at the eastern boundary of a tract of land granted to the first Minister of Saint Andrews ; thence running along the eastern line of the said grant and the exten- sion thereof north by the magnet thirteen degrees thirty minutes west, eighty eight chains of four poles each; thence north seventy six degrees thirty minutes east, forty chains; thence south thirteen degrees thirty minutes east, one hundred and four chains; thence southeasterly across Kilmarnick head to a cove marked with a cross ; thence following the several courses of Kilmarnick head aforesaid in a southerly and northwesterly direction to the southeastern boundary of the said tract, letter C ; thence westerly along the shore of Passamaquoddy Bay aforesaid to the place of beginning : The second tract, letter A, beginning at the southwestern angle of the first division of the Penobscot grant; thence running south seventy six degrees thirty minutes west, one hundred and twenty two chains, to the reserved road which bounds the third division of the Penobscot grant aforesaid ; thence along the said road north thirteen de- grees thirty minutes west, forty three chains, to the southwestern angle of lands granted to John Rigby and others ; thence along the southern line of the said lands north seventy six degrees thirty minutes east, one hundred and forty two chains, to the western side line of the first division of the Penobscot grant aforesaid; thence along the said line south thirty eight degrees east, twenty six chains; thence along a small stream to the place of beginning : The third tract, embracing lots letters B and D, beginning at the northeastern angle of a tract of land granted to the first Minister of Saint Andrews ; thence running along the northern line of the said grant and of the grant to Thomas Wyer and others, south seventy six degrees thirty minutes west, one hundred and twenty five chains, to the reserved road which bounds the third division of the Penobscot grant aforesaid; thence along the said road north thirteen degrees thirty minutes 344 CHURCHES. [10 & 11 G 4 c 26 west, forty eight chains; thence north seventy six degrees thirty minutes east, one hundred and twenty two chains, to the south- western angle of the first division of the Penobscot grant aforesaid, at the shore of Passamaquoddy Bay; thence southerly along the several courses of the said shore and of Kilmarnick head aforesaid, to the cove marked with a cross as before mentioned ; thence across Kilmarnick head in a northwesterly direction to the southern boundary of the said first tract; thence along the eastern line of the said first tract north thirteen de- grees thirty minutes west, one hundred and four chains; thence south seventy six degrees thirty minutes west, forty chains ; thence south thirteen degrees thirty minutes east, fifteen chains, to the place of beginning ; as by reference to the said plan, or certified copy thereof, remaming in the office of the Registrar of Deeds and Wills for the County of Charlotte, will more fully and at large appear : And whereas it is deemed expedient that the said division of the said tracts of land so made as aforesaid should be confirmed and made perpetual by law ; — Be it therefore enacted, Sfc. — 1. The division of the before mentioned tracts of lands so made as in the preamble of this Act is above mentioned and therein particularly described, shall be and the same is hereby confirmed and made perpetual. 2. The said Justices of the Peace of the County of Charlotte shall and they are hereby authorized and empowered to assign and convey unto the said Rector, Church Wardens, and Vestry of the Parish of Saint Andrews, by a good and sufficient deed, the said third tract hereinbefore described, embracing lots letters B and D as aforesaid, to have and to hold the same to the said Rector, Church Wardens, and Vestry, and their successors for ever, in trust for the use of the Rector for the time being, as a Glebe ; and the Rector for the time being may have the use, benefit, and advantage of the said tract of land, embracing lots letters B and D us aforesaid, the same as any other land granted as a Glebe for the use of the Rector. 3. So much of the said tracts of land as is by the division above mentioned allotted to the Trustees of the Parish School aforesaid^ and described as lots letters A and C in the said first and second tract, shall be and remain vested in the Justices of the Peace of the said County of Charlotte in trust for the use, benefit, and behoof of the Parish School of Saint Andrews aforesaid. 7 ,W 4 c 29] i CHURCHES. 345 4. Nothing in this Act contained shall extend or be construed to extend to authorize the said Justices of the Peace for the said County of Charlotte to sell and convey absolutely and in fee simple any part or the whole of the s-^id shares or divisions of the said tracts of land in the preamble of this Act mentioned, so by them to be held in trust for the said Parish School of Saint Andrews as aforesaid. 5. Nothing in this Act contained shall extend or be construed to affect or interfere with the right or title of the King's Majesty, His Heirs or Successors, or any other person or per- sons, body politic or corporate, other than the said Justices, Trusteesof the Parish School of Saint Andrews, and the Rector of the said Parish respectively. 6. This Act shall be deemed and taken to be a public Act, any thing herein contained to the contrary thereof in any wise notwithstanding. 7th William 4th — Chapter 29. An Act to etifible the Rector, Church Wardens, and Vestry of Trinity Church, in the Parish of Saint John, in the City of Saint John, to sell certain land in the said City. Section. Section, I. Authority to sell land, &c. 2. Proceeds, how disposed of. Passed \st March 1837. Whereas the Rector, Church Wardens, and Vestry of Trinity Churcl», in the Parishof Saint John, in the City of Saint John, are now possessed of a certain lot of land situate and being in the said City, and bounded and described as follows, that is to say, — The eastern or rear part of that certain lot, piece, and pat-eel of land known and distinguished on the map or plan of that part of the said City lying on the eastern side of the harbour thereof, by the number one hundred and twenty one, bounded on the north by lands belonging to and in the occupation of John Robertson, Esquire, on the east by lands belonging to and in the occupation of Isaac Lawton Bedell, Esquire, on the south by lands belonging to the estate of the late William Donald, Esquire, and on the west by the front part of the same lot number one hundred and twenty one, together also with a right of way from the said rear part of the 346 CHURCHES. [4 V c 3 same lot to Germain Street : And whereas it is deemed advi- sable that the interests of the said Rector, Church Wardens, and Vestry of and in the same lot of land should be sold and disposed of, and the proceeds arising from such sale applied either towards the payment of the debt due by them, or else in the purchase of other lands; — Be it therefore enacted, 8fc. — 1. The said Rector, Church Wardens, and Vestry of Trinity Church, be and'they are hereby authorized and empowered to make sale and dispose of the said lot of land and premises, with the appurtenances, to the highest bidder at public auction, thirty days notice of the time and place of such sale being first given in one or more of the Newspapers published in the City of Saint John; and thereupon to make and execute a good, legal, and sufficient conveyance of the same in fee, any former law to the contrary notwith- standing; provided always, that no sale and disposition of the said premises shall be made without the consent and approba-,^ tion of the Bishop of the Diocese being thereto first had and obtained ; which consent and approbation shall be manifested, by the Archdeacon or Ecclesiastical Commissary of this, Pro- vince becoming a party to the deed of conveyance of the same premises made under this Act, and by and with the direction of such Bishop signing and sealing the same. 2. The money arising from the sale and disposal of the said premises shall be paid and applied by the said Rector, Church Wardens, and Vestry, either towards the payment of the debts due by them, or else in the purchase of other lands. 4th Victoria — Chapter 3. An Act relating to the Parish Church of the Parish of Psrtland, in the County of Saint John, and to the Church Corporation of the said Parish. Section. Section. 1. Repeal of what Act. 4. Preference moneys and pew rents, to '2. What to be Parish Churcli of Portland. whom payable. 3. Grace Church debts and property trans- 5. Certain lands to be vested in St. Luke's, ferred to Saint Luke's. 6. Wbatlauds may convey to Madras School. Passed I9th March 1841. Whereas in and by an Act made and passed in the sixth year of the Reign of His Majesty King William the Fourth, intituled An Act to regulate the election of Church Wardens 4 V c 3] CHURCHES. 347 and Vestrymen in the Parish of Portland, in the County of Saint John, and to extend such regulations to other Parishes where the sittings in the Church may he free and open, it was enacted — " That the Church Wardens and Vestry of the said Church, so soon as they might be duly elected and chosen, pursuant to the provisions of the said Act, together with the Rector of the said Church for the time being, and their respective successors for ever, should be a body politic and cor- porate in deed and name, and should have succession for ever, by the name of ' The Rector, Church Wardens, and Vestry of Grace Church, in the Parish of Portland ;' " and it is also further enacted — "That Grace Church should be deemed and taken to be the Parish Church of the said Parish of Portland, until the said Rector, Church Wardens, and Vestry should have erected another Church instead thereof, and the same should be duly consecrated to that purpose and ofiened for public worship, according to the rites and ceremonies of the Church of England, and in case of the erection of such other Church, all the pro- visions of the said Act should extend and be construed to extend to the said new Church, in as full and ample a manner as if the same were particularly re-enacted and applied to such new Church:" And whereas since the passing of the said Act, another large and commodious Church has been erected within the said Parish, and has been recently consecrated, and is now used for public worship, by the name of " Saint Luke's Church," the expense of which has been partly defrayed by private subscription, but it was found necessary in order to raise sufficient funds for completing the same, and for making a regular provision for the support of the Minister or Rector of the said Parish, to dispose of pews in the said Church, subject to the payment of annual rents, as is done in the Parish of Saint John, and in the other Parishes of the Province, reserving however free seats for the accommodation of poor persons to the number of two hundred and fifty at least, in consequence whereof the provisions of the said recited Act have become inapplicable to the said Parish of Portland, and it is expedient tliat the Parish of Portland and Church Cor- poration therein be placed on the same footing, and elected in like manner as those in other Parishes : And whereas the Rector, Church Wardens, and Vestry of Grace Church, 348 CHURCHES. [4 V c 3 together with many other Parishioners of the said Parish have, by their Petition to the General Assembly, prayed that an Act may pass for the purpose above mentioned, which Petition has received the sanction of the Lord Bishop of the Diocese, and of the Archdeacon of the said Province : And whereas it is expedient that the said recited Act should be repealed ; — Be it therefore enacted, &fc. — I. The said Act, intituied^ji Act to regulate the election of Church Wardens and Vestry- men in the Parish of Portland, in the County of Saint John, and to extend such regulations to other Parishes where the sittings in the Church may be free and open, shall be and the same is hereby repealed. 2. The said Church called Saint Luke's Church, shall and is hereby declared to be the Parish Church of the said Parish, and the Rector of the said Parish, duly constituted and ap- pointed, together with the Church Wardens and Vestry of the said Church, so soon as they may be duly elected and chosei} pursuant to the Acts in force relative to the election of Churc|i Wardens and Vestrymen, and their respective successors for ever, shall be a body politic and corporate in deed and name, and shall have succession for ever by the name of " The Rector, Church Wardens, and Vestry of Saint Luke's Church, in the Parish of Portland." 3. All debts due and owing to the Rector, Church Wardens, and Vestry of Grace Church, in the said Parish of Portland, shall be paid to and may be recoverable by and in the name of the Rector, Church VVardens, and Vestry of Saint Luke's Church aforesaid, in the same manner as if the said debts had been contracted with them ; and all property, real and personal, of the said Corporation of Grace Church, shall become vestejc^, in the said new Corporation, and shall be holden henceforth by them in the same manner as the former Corporation could have held the same ; and the said new Corporation shall be liable to the debts, contracts, and engagements of the old Cor? poration, and the said new Corporation shall be deemed the lawful successors of the said old Corporation. 4. All purchase or preference moneys and rents due or to become due for pews or sittings in Saint Luke's Church, upon and by virtue of the sales by auction or private bargain to any person or persons, shall be payable to, and may be recoverable 4 V c 3] CHURCHES. 349 by and in the name of the said Rector, Church Wardens, and Vestry of Saint Luke's Church, in the same manner as if the contracts had been made with them ; and in default of such payments, the said Rector, Church Wardens, and Vestry may sue for the same or proceed to a forfeiture of the said pews and sittings, according to the rules or conditions under which the sales or contracts were originally made ; provided always, thqt at least two hundred and fifty free sittings for poor persons shall always be left in the said Church. 5. And whereas in and by a certnin indenture bearing date the sixteenth day of April in the year of our Lord one thousand eight hundred and forty, duly executed, acknowledged, and registered, James White, of the City of Saint John, in the Pro- vince of New Brunswick, Esquire, and Elizabeth, his wife, for tertain consideration therein mentioned, did grant, bargain, and sell unto the Church Corporation of the said Parish, by the name of the Minister, Church Wardens, and Vestry of Grace Church, in the Parish of Portland, in the County of Saint John, in the said Province, their successors and assigns, all that certain lot, piece, and parcel of land, situate, lying, and being in the said Parish of Portland, bounded and described as fol- lows, that is to say, — Beginning at a stake and stones at the intersection of the northern line of the old Indiantown road, so called, by a prolongation of the line running north fifteen de- jgrees east or thereabouts, dividing the lands formerly owned and occupied by the Honorable William Hazen, from the lands formerly owned and occupied by the late James White, Esquire; thence from the said stake and stones northerly by the said prolongation of the said dividing line, till it meets the south- westerly side line of the Queen's land at Fort Howe; thence by the said last mentioned line northwesterly, till it meets the dividing line between the land of the said James White, Esquire, the grantor in the said deed, and the land of James Peters, Esquire; thence southerly by the said last mentioned dividing line to the northern !ine of the said old Indiantown road ; thence by the said line of the said road easterly to the place of begin- ning; together with all buildings and improvements thereon, and all the rights, mf ml)ers, and appurtenances thereto belong- ing, to have and it, hold the same unto the said Minister, Church Wardens, and Vestry, their successors and assigns, to 350 CHURCHES. [4 V c 3 their only proper use and behoof, for ever ; — The said deed and conveyance, and the estate thereby granted, bargained, and sold, shall be deemed good, valid, and effectual, notwithstand- ing the mistake in the name of the Corporation, and to have vested the title therein and thereto in the Rector, Church Wardens, and Vestry of Grace Church ; and upon their disso- lution by virtue of this Act, to be and to become vested in the Rector, Church Wardens, and Vestry of Saint Luke's Church, and their successors, in the same manner as any other property of the said Rector, Church Wardens, and Vestry of Grace Church. 6. And whereas the object of the Church Corporation in making the purchase of the said lot of land in the next preced- ing Section mentioned, was to erect and build thereon a School house, which has been partially accomplished ; and it has been considered advisable that such School should be conducted upon the Madras system, but in order to effect this it may become necessary to assign and convey the same to the Governor and Trustees of the Madras School in New Brunswick ; — The said Rector, Church Wardens, and Vestry of Saint Luke's Church, and their successors, shall be fully authorized and empowered to make sale and conveyance of the said lot of land and School house thereon to the said Governor and Trustees of the Madras School, and their successors, in trust, nevertheless, for the pur- pose of a School in the said Parish, to be considered a branch of the Provincial Madras School, and for no other use or pur- pose whatsoever; and upon this condition, that if such School shall not be established and commence within two years from the passing of this Act, or if after being established it shall be discontinued for any time or term, together exceeding one year, or shall not be continued and kept in operation for at least six months in every year after the expiration of the said two years, the said land and School, and all the estate, right, title, and interest therein, shall revert and become reinvested in the said Rector, Church Wardens, and Vestry of Saint Luke's Church, and their successors, in the same manner as if the same had not been conveyed to the said Governor and Trustees of the Madras School. 7. This Act shall continue and take effect on Easter Day, being the eleventh day of April next. 7 V C 6] CHURCHES. 351 7th Victoria — Chapter 6. An Act to authorize the Rector, Church Wardens, and Vestry of Saint Ann's Church, in the Parish of Sack- ville, to sell certain lots of Glebe Land, and to dispose of the money arising from the, sale thereof in the purchase of other lands. Section. Section. 1. Corporation of Saint Ann's Cliurch, what 2. Proceeds, how applied, lands ma^ sell. Passed 25th March 1844. Whereas the Rector, Church Wardens, and Vestry of Saint Ann's Church, in the Parish of Sackville, are seized and possessed of certain Lands, situate in the Parish of Sackville, viz : — ^A certain one hundred acre lot of wood land, number nine, in letter A division, situate at Second Westcock Hill, in the Parish aforesaid, bounded on the northwest by the Parish line, on the northeast by lands in the possession of Robert Clark, on the southeast by a base line between two tier of lots, and on the southwest by lands belonging to C. Dixon Bulmer ; also a certain other one hundred acre lot of land, being number nine, in letter A division, situate at Westcock, so much of the said lot as lies to the southeast of the Bye Road leading to the British Settlement, and between the said Road and Chignecto Bay : And whereas it would tend much to the advantage of the said Church of the Parish of Sackville, if the said lots of land above described were sold and disposed of, and the proceeds thereof applied towards the payment of the debt due for reclaiming a certain glebe lot of marsh, and in the purchase of lands more productive ; — Be it enacted, &fc. — 1. The said Rector, Church Wardens, and Vestry of Saint Ann's Church, in the Parish of Sackville, be and they are hereby authorized and empowered to make sale and dispose of the said lots of land and premises, with the appurtenances, or any part or parts thereof, for such price or prices as they may be able to obtain therefor, and thereupon to make and execute good, legal, and sufficient conveyances of the same in fee, any former law to the contrary notwith- standing. 2. The money arising from the sale and disposal of the said lots of land and premises, with the appurtenances, shall be paid and applied by the said Rector, Church Wardens, and Vestry, 352 CHURCHES. [11 V ci44 first to the payment of the debt incurred in dyking a certain glebe lot of salt marsh, situate on the Cole's Island Marsh, so called, and the balance of the amount of such sale shall be expended in the purchase of other more productive lands to them and their successors, for the use, benefit, and behoof of the said Rector of Saint Ann's Church, in the Parish of Sack- ville, and his successors, as a Glebe. 11th Victoria — Chapter 44. An Act to authorize the Rector, Church Wardens, and Vestry of Saint Mary's Church, in the Parish of Richi- bucto, to sell certain Lands granted to the said Cor'- poration, and vest the proceeds in other lands. Section 1. — What lands Corporation may sell, and how invest proceed^^ Passed ZOth March 1848, Whereas the Rpctor, Church Wardens, and Vestry of Saint Mary's Church, in the Parish of Richibucto, are seized and possessed of certain lands in the Parish of Richibucto, under and by virtue of a Grant from the Crown bearing date the twenty sixth day of September in the year of our Lord one thousand eight hundred and thirty eight : And wherej^s a portion of the said lands, prior to the issuing of the Grapt, had been improved by George Kinread, who is now in the occupation thereof; and the said George Kinread hath agreed to purchase from the said Rector, Church Wardens, and Vestry, one hundred acres of the said land, to include the improvements made by him, at and for a certain sum of money; and the said Rector, Church Wardens, and Vestry are desirous of disposing of the same to the said George Kinread, and vesting the proceeds arising from such sale in other lands for the said Corporation ; — Be it therefore enacted, ^c. — 1. The said Rector, Church Wardens, and Vestry of Saint Mary's Church, in the Parish of Richibucto, by and with the approbation of the Lord Bishapof the Diocese, be and they are hereby authorized and empowered to sell and dispose of one hundred acres of land to the said George Kinread, his heirs and assigns, in fee sitnple, for such sum or price as they may agree, ar^d to vest the sum so received in other lands for the purpose of a Glebe for the Rector of the said Church. 11 V c 45] CHURCHES. 353 11th Victoria — Chapter 45. An Act to authorize and empower the Rector, Church Wardens, and Vestry of Saint Thomas' Church, in the Parish of Saint James, in the County of Charlotte, to sell and conv^ey certain Glebe and Church Lands in said Parish, and vest the proceeds in other lands more productive. Section, Section. 1. What lands may sell. S. Proceeds, how reinvested. Passed 30th Mif^ch 1848. Whereas certain tracts of Land, situate in the Parish of Saint James, in the County of Charlotte, heretofore granted by Letters Patent under the Great Seal of this Province to the Rector, Church Wardens, and Vestry of Saint Thomas' Church, in said Parish of Saint James, in part for the use, benefit, and behoof of the Rector for a Glebe, and in part for the use of .the Church, now yield no income either to the Rector or the Church : And whereas it is believed that the several tracts of Glebe and Church Lands could now be sold in far;m lots, at fair prices, and that the money arising from said sales might be invested in the purchase of other lands, for the use and benefit of the said Rector, and of >the said Church, which would be more productive to each respectively; — Be it therefore enacted, ifc. — 1. The Rector, Church War- dens, and Vestry of Saint Thomas' Church, in the Parish of Saint James, be and they are hereby authorized and empowered to sell, in farm lots, all or any of said Glebe and Church lands, and make good and sufficient deeds of conveyance of the same, with the concurrence of the Lord Bishop of the Diocese, or in his absence, of the Archdeacoin or Ecclesiastical Commissary of the Province, one or other of whom shall be a party to every such deed of conveyance, and sign and seal the same. 2. The amounts arising from such sales of Glebe and Church lahds respectively, shall be reinvested by the said Rector, Church Wardens, and Vestry, in the purchase of other freehold ■property, that is to say, the amount arising from the sales of Glebe lands in Glebe property to them and their successors, for the use, benefit, and behoof of the Rector of the said Church of Saint Thomas, in the Parish of Saint James, for the time being, and the amount arising from the sales of the Church 23 354 CHURCHES. [12V'c56 lots in freehold property to them and their successors, for the use of the Church. 12th Victoria — Chapter 56. An Act to authorize and empower the Rector, Church Wardens, and Vestry of Saint George's Church in the Parish of Bathurst, in the County of Gloucester, to sell and convey a certain tract or lot of Glebe Land situate in the said Parish, and to vest the proceeds in the pur- chase of other lands in a more desirable situation and more productive. Section. Section. 1. What lands may sell. 2. Proceeds, how reinvested. Passed Mt7i Jpril 1849. Whereas a certain tract of Land situate on the north side of the Tatagouche River, in the Parish of Bathurst, in the County of Gloucester, known as lot B, containing two hundred and ten acres more or less, granted by Letters Patent under the Great Seal of the Province of New Brunswick to the Rector, Church Wardens, and Vestry of Saint George's Church, in the Parish of Bathurst, and their successors, for a Glebe, yields no income to the Rector of the said Parish : And whereas it is believed that the said tract of Glebe land could be sold at a fair price, and that the moneys arising from such sale might be invested in the purchase of other lands more conveniently situated and more beneficial and productive for the use and benefit of the said Rector; — Be it therefore enacted, &fc. — 1. The Rector, Church War- dens, and Vestry of Saint George's Church, in the Parish of Bathurst, be and they are hereby authorized and empowered to sell, dispose of, and convey all and singular the said lot or tract of Glebe land, and make, sea), and deliver good and sufficient deeds of conveyance of the same in fee simple, by and with the approbation of the Lord Bishop of the Diocese, or in his absence, of the Archdeacon or Ecclesiastical Com- missary of the Province, signified by either of them being a party to such decdj and signing the same. 2. The amount arising from such sale of Glebe land shall be invested by the said Rector, Church Wardens, and Vestry in the purchase of other freehold property more conveniently 13 V c 14] CHURCHES. 355 situated for the use and behoof of the Rector of the said Church for the time being, to hold the same to the said Rector, Church Wardens, and Vestry, and their successors, for ever, for a Glebe for the use and behoof of the Rector of the said Church for the time being. 13th Victoria — Chapter 14. An Act to authorize the Rector, Church Wardens, and Vestry of Saint Mary's Church, in the Parish of Richi- bucto, to sell certain Lands granted to the said Cor- poration, and vest the proceeds in other lands. Section 1. — What lands may sell, and proceeds how dispose of. Passed Uth April 1850. Whereas the Rector, Church Wardens, and Vestry of Saint Mary's Church, in the Parish of Richibucto, in the County of Kent, are represented to be seized and possessed of certain lands in the Parish of Richibucto, in the said County of Kent, situate on the south side of the Richibucto River, which are unproductive ; and it is deemed desirable to sell and dispose of the same, and to vest the proceeds arising from such sale in other lands for the said Corporation ; — Be it therefore enacted, &fc. — 1. The Rector, Church War- dens, and Vestry of Saint Mary's Church, in the Parish of Richibucto, by and with the approbation of the Lord Bishop of the Diocese, be and they are hereby authorized and empowered to sell and dispose of, at public auction or private sale, all their right, title, and interest to the following described piece of land, situated on the south side of Richibucto River, in the County of Kent: — Beginning at the southeast bank or shore of the Richibucto River, at the northerly angle of lot number five, granted to William Atkinson, and thence run- ning south forty five degrees east by the magnet, twenty six chains of four poles each ; thence north forty five degrees east, forty five chains, to the westerly boundary line of lot number seven, granted to Lewis Powell ; thence along the said line north fifty one chains, to the bank or shore of the Richibucto River above mentioned ; and thence along the said bank or shore up stream, to the place of beginning; and containing two hundred and sixty two acres, more or less, and described 356 CHURCHES. [14 V bio as lot number six ; and to vest the som so received in other lands, for the purpose of a Glebe for the Rector of the said Parish. 14th Victoria — Chapter 10. An Act to authorize and empower the Trustees of certain Glebe Lands in the Parish of Moncton, in the County df Westmorlcina, to sell the sairie, and to vest the pro- ceeds in other lands. Section. Section. 1. Who to ex^ciite jl'eeds d{ what lands. 3. Proceeds, how di^osed oC ■Passed 1 5th March 1851. Wherras the two pieces or parcels of Land hereinafter particularly described, srtuate in tlie Parish of Moncton, in the County of Westmorland, and bounded as follows, that is to feay, — The first tract begirtmhg at a marked spruce tree standing on the north bank or shore of Petitcodiac River, and at the southwesterly angle of the grant to Abraham Trites ^ thence north one hundred and sixty two chains; tbence west thirty two chains ; thence south to the said side of Petitcodiac River aforesaid ; arid thence along the bank or shore thereof down stream, to the place of beginning ; being lot A, adjoining the grant to Timothy Charters, containing four hundred and seventy eight acres, more or less, and also particularly described and marked on the plot or plan of survey annexed to the grant thereof: The second tract be^ginning at a marked fir standing at the southwtfsterly angle of lot number one, granted to John Mills in the grant to John Mills and others; thence north one hundred and ten chains ; thence north sixty three degree's west, thirty two chains ; thence south one hundred and ten chains, or tO a marked yellow birch treie standing at the south- easterly angle of lot number three, granted to Lewis Mills; and thenCe south sixty three degrees east, thirty two chains, to the place of beginning ; beiing lot number two, containing three hundred and thirty acres, more or less, and also parti- cularly described and marked on the plot or plan of survey annexed to the grant thereof; were, With other land situate in other Parishes, granted by Letters Patent under the Great Seal of the Province of New Brunswick, unto the Chief J4 V C 10] CHURCHES, 357 Justice, the Archdeacon, the Secretary, the Attorney General and Solicitor General of the said Province for the time being, and their successors in office, in trust, to be conveyed to the Corporations of the Church of England in the Parish where the same lie, whenever the same shall be legally established, as Glebes for the use of the Rectors or Ministers of the said Church in the said Parish respectively : And whereas at present there is no legal Corporation established in the ^fiid Parish of Moncton, and it is believed that the said several tracts or pieces of land could be sold at a fair pricei, and that the funds arising from such salp might be invested as well in the purchase of other lands more conveniently situated, as for other purposes more productive to the use of the present Minister or Missionary; — Be it therefore enacted, Sfc.- — ^J. The Chief Justice, the Archdeacon, the Secretary, the Attorney General and Solicitor General of the Province of New Brunswick for the time being, or their successors in office, be and they are hereby authorized and empowered to sell, dispose of, and convey all and singular the said lot or tracts of Glehe lands, and make, seal, and deliver good and sufficient deeds of conveyance of the same in fee simple. 2. The amount arising from such sale of tlje whole or any part of the hereinbefore described tracts of land shall be invested by the said Chief Justice, the Archdeacon, the Secretary, the Attorney General and Solicitor General for the tinie Ifeing, or their successors in office, in the purchase of other freehold properly more conveniently situated for the use and behoof pf the resident Minister or Missionary for the time being, to hold the same in trust to and for the use of said residetit Minister or Missionary fpr the time being, and also in the erecting, furnjshing, building, or completing a Parsonage House for the use of the said resident Minister or Missionary for the time being, ija the sai^ Parish ; provided nevertheless, that not more than one ha,lf of the amonnt arising from such sale shalj be applied towards thp erecting, fitiishing, building, or complieting such Parsqnage House. 358 CHURCHES. [15 V c 17 15th Victoria — Chapter 17. An Act to erect another Parish in the City of Saint John for ecclesiastical purposes. Section. Section. 1, Parish of Saint James, how erected and 3. Church WardenB, dto., when chosen. incorporated. 4 Church Wardens, &c., quali6caiion^of. S. What lands to be vested in new Corpo- 5. Powers of Corporation. ' . ; ration. Passed 18/A February 1852. Whereas the Rector, Church Wardens, and Vestry of Trinity Church, in the Parish of Saint John, in the City' of Saint John, at the request of many members of the Church of England in the said Parish, have petitioned that that part of the said Parish which lies to the southward of the centre of Queen Street should, for all ecclesiastical purposes, be set off as a separate and distinct Parish, in order that a separate Rectory or Mission may be there appointed, and the Chapel there lately erected by the said Rector, Church Wardens, and Vestry of Trinity Church, become the Parish Church of the said separate Parish : And whereas it appears expedient and proper, as well from the increase of the population, as from divers other good causes and considerations, that the prayer of the said petitioners should be complied with ; — Be it therefore enacted, &fc. — 1. From and after Easter Day, being the eleventh day of April in this present year, that part of the said Parish of Saint John which lies to the southward of a line running east and west through the centre of Queen Street in the said City, and of the easterly and westerly pro- longation of such line through Queen's Square to the boundary lihes of the said City, shall be and the same is hereby declared to be, from and after Easter Day aforesaid, a separate and distinct Parish within the said City for all matters and purposes ecclesiastical, or relating to the Established Church of England, by the name of " The Parish of Saint James, in the City of Saint John;" and the Church or Chapel lately erected by the said Rector, Church Wardens, and Vestry of Trinity Church, situate on lands lying between Main Street and Sheffield Street, and called and known by the name of " Saint James Church," shall be deemed and taken to be the Parish Church of the said Parish of Saint James ; and the Church Wardens and Vestry of the said Parish of Saint James, so soon as they may be duly elected and chosen, together with 15Vc]7] CHURCHES. 359 the Reclor for the time being of the said Parish of Saint James, and their respective successors for ever, shall be a body pohtic and corporate in deed and in name, and shall hav« succession for ever by the name of " The Rector, Church Wardens, and Vestry of Saint James Church, in the Parish of Saint James, in the City of Saint John." 2. The Rector, Church Wardens, and Vestry of Saint James Church, in the Parish of Saint James aforesaid, shall and may, from Easter Day aforesaid, and for ever thereafter, stand seized of, have, hold, possess, and enjoy the several lots, pieces, and parcels of land and premises situate in Main and Sheifield Streets aforesaid, now belonging to the said Rector, Church Wardens, and Vestry of Trinity Church, together with the said Church or Chapel thereon standing, and being and known or called as " Saint James Church" as aforesaid, together with all and singular the rights, members, privileges, and appurte- nances to the same and every part and parcel thereof belonging, or in any wise appertaining, as fully and effectually, and in like manner, and to all intents and purposes, as the Rector, Church Wardens, and Vestry of Trinity Church might or could have held and enjoyed the same before the passing of this Act. 3. Two Church Wardens and not more than twelve Vestry- men for the said Parish of Saint James, shall be elected and chosen by ballot on Easter Monday in each and every year, who shall continue in office until others shall be chosen in their stead. 4. Male inhabitants of the City of Saint John, of the age of twenty one years and upwards, who shall be owners of pews in the said Parish Church, and no others, shall be entitled to vote in the choice of, and also shall be qualified and capable to be elected Church Wardens and Vestrymen of the said Parish of Saint James ; provided that no person shall be eligible as a Churchwarden or a Vestryman, unless he shall be a member of the Church of England, and shall have been for at least six months previous a stated hearer and attendant at the public worship of the same ; and provided also, that the ownership of a pew in the said Parish Church shall not entitle more than one person to vote in respect of such pew at any election. 5. The power and authority granted to a Church Corporation 360 CHURCHES. [16 V c 12 by any law in force in this Province, and all and every the clauses, enactments, and provisions of an Act made and passed in the twenty ninth year of the Reign of King George the Third, intituled An Act for erecting a Parish in the City of Saint John, and incorporating the Rectors, Church Wardens, and Vestries of the Church of England in the several Parishes in this Province, and of all other Acts relating to such Corpo- rations, and to the elections of Church Wardens and Vestry- men, now in force in the said Parish of Saint John, shall extend and be construed to extend to the said Parish of Saint James, erected by this Act, as fully and effectually as if such power and authority were herein specially granted, or such clauses, enactments, and provisions were herein particularly enacted;, except so far as such clauses, enactments, and provisions may be ihctitisistent with the provisions of this Act. 16th Victoria — Chapter 12. An Act to erect the Parish of Saint Mark, in the City of Saint John, for ecclesiastical purposes. Section. Section. 1. Parish of St. Mark erected and incor- 4. Who entitled to vote. porated 5. What bonds to be given by Saint John's 2. What land and Church Tested in Cor- Church. poratii3n. 6. Few rents, how and when payable. 3. Church Wardens, &c. when and how 7. What powers extended to Corporatioa. , elected. , Passed \4th April 1853. Whereas the Rector, Church Wardens, and Vestry of Trinity Church, in the Parish of Saint John, in the City of Saint John, at the request of many members of the Church of England in the said Parish, have petitioned that so much of the said Parish as lies to the northward of the centre of Union Street should, for all ecclesiastical purposes, be set off as a se- parate and distinct Parish, in order that a separate Rectory or Benefice May be there appointed, and the Chapel of Ease here- tofore erected there by the said Rector, Church Wardens, and Vestrjr of Trinity Church may become the Parish Church of the said separate Pafish : And whereas by a certain indenture bearing date the nineteenth day of May in the year of our Lord one thousand eight hundred and twenty three, duly executed, acknowledgedi and registered, and made between the late Honorable Ward Chipman^ Esquire, of the one part, and the 16 V C 12] CHURCHES. 361 said Reetor, Church Wardens, and Vestry of Trinity Church, of the other part, the said Ward Chipman for the considera- tions and purposes therein mentioned, did grant, bargain, sell, alien, release, and confirm unto the said Rector, Church Wardens, and Vestry of Trinity Church, in the Parish of Saint Joho, their successors and assigns, all that certain lot, piece, and parcel of land situate, lying, and being in King's Ward, in the said City and Parish of Saint John, and bounded and described as follows, that is to say, — Beginning at a point where the western line of Wellington Street meets the northern line of Carleton Street ; thence running northerly on a prolongation of the said western line of Wellington Street one hundred feet ; thence easterly on a line parallel with Carleton Street one hundred and five feet, or until it meets the western line of a lot of land heretofore sold and conveyed by the said Ward Chipman to Walter Lecain ; thence running southerly, following the said western boundary of Lecain's lot, until it meets the said northern line of Carleton Street, to the place of beginning ; making a l.ot of one hundred feet by one hundred and five feet, more or less, together with all and singular the rights, members, and appurtenances to the same belonging or in any wise apper- taining, to have and to hold the said lot of land and premises thereby granted, bargained, and sold, or mentioned or intended so to be, unto the said Rector, Church Wardens, and Vestry, and to their successors and assigns for ever, but nevertheless on the conditions, and to and for, and upon the use, interests, and purposes, and subject to the proviso thereinafter contained, as by reference to the said indenture duly registered in the office of the Register of Deeds in and for the City and County of Saint John, reference being thereunto had, will more fully and at large appear ; upon which said lot of land the said Rector, Church Wardens, and Vestry of Trinity Church have erected a Church or Chapel of Ease, called and known by the name of " Saint John's Church," and which Church is with their assent to become the Parish Church of the said new Parish of Saint Mark to be erected by this Act : And whereas it appears expedient and proper, as well from the increase of the population, as from divers other good causes and consider rations, that the prayer o/the said Petitioners should be com- plied with ; — 362 CHURCHES. [16Vcl2 Be it enacted, ifc. — 1. From and after the first Monday: in May in this present year, that part of the said Parish of Saint John, in the City of Saint John, which lies to the northward of aline running east and west through the centre of Union Street, and of the easterly and westerly prolongation of such line to the boundary lines of the City, shall be and the same is hereby declared to be from and after the said first Monday in May next, a separate and distinct Parish within the said City of Saint John, for all matters and purposes ecclesiastical, or relating tv the Church of England, by the name of " The Parish of Saint Mark, in the City of Saint John," and the said Church or Chapel of Ease, called or known by the name of " Saint John's Church," shall be deemed and taken to be the Parish Church of the said Parish of Saint Mark ; and the Church Wardens and Vestry of the said Parish, so soon as they may be duly elected and chosen, together with the Rector for the time being of the said Parish of Saint Mark, and their respective succes- sors for ever, shall be a body politic in deed and in name, and shall have succession for ever by the name of " The Rector, Church Wardens, and Vestry of Saint John's Church, in the Parish of Saint Mark, in the City of Saint John." 2. The Rector, Church Wardens, and Vestry of Saint John's Church, in the Parish of Saint Mark aforesaid, shall and may on and from the said first Monday in May next, and for ever thereafter, stand seized of, have, hold, possess, and enjoy the said lot of land and premises, with the appurtenances so granted and conveyed as aforesaid by the said Ward Chipman, together with said Church or Chapel of Ease thereon standing and being, together with all and singular the rights, members, privileges, and appurtenances to the same and every part and parcel thereof belonging, or in any wise appertaining, in like manner, and to all intents, uses, and purposes, as the said Rector, Church Wardens, and Vestry of Trinity' Church might or could before the passing of this Act have held or enjoyed the same by virtue of the said indenture, or otherwise howso- ever ; subject nevertheless to such legal and equitable lien or claim as the person or persons having and holding the bonds or other securities at present existing under the seal of the said Rector, Church Wardens, and Vestry of Trinity Church, may or can have upon the rents, issues, and profits of the pews 16 V c 12] CHURCHES. 363 in the said Church or Chapel of Ease, in the event of the other property now belonging to the said Rector, Church Wardens, and Vestry of Trinity Church, in the Parish of Saint John, bein^ at any time hereafter found insufficient to discharge the same, and subject also to the payment of the sum of one thousand pounds, with interest thereon half yearly, to the said Rector, Church Wardens, and Vestry of Trinity Church, in the Parish of Saint John, their successors and assigns, as here- inafter mentioned. 3. Two Church Wardens and not more than twelve Vestry- men for the said Parish of Saint Mark, shall be elected and chosen by ballot on the said first Monday in May in this present year, and after the present year, on Easter Monday in each and every year, who shall continue in office until others shall be chosen in their stead. 4. Owners of pews in the respective Parish Churches of the said Parishes of Saint John and Saint Mark, being males of the age of twenty one years and upwards, and no other persons, shall be entitled to vote in the choice of, and also shall be qualified and capable to be elected and chosen Church Wardens and Vestrymen of the said Parishes respectively ; provided that no person shall be eligible as a Church Warden or a Vestryman unless he shall be a member of the Church of England, and shall have been for at least six months previous a stated hearer and attendant at the public worship of the same ; and provided also, that the ownership of a pew in the Parish Church shall not entitle more than one person to vote in respect of said pew at any election. 5. The said Rector, Church Wardens, and Vestry of Saint John's Church, in the Parish of Saint Mark, in the City of Saint John, shall within two months after the passing of this Act, make and execute under their common seal a bond or obliga- tion to the said Rector, Church Wardens, and Vestry of Trinity Church, in the Parish of Saint John, in the City of Saint John, in the penal sum of two thousand pounds of lawful money of this Province, under and subject to a condition for payment to the said Rector, Church Wardens, and Vestry of Trinity Church, in the Parish of Saint John, their successors and assigns, of the sum of one thousand pounds on or before the first day of January which will be in the year of our Lord one thousand 364 CHURCHES. [16 V c 47 eight hundred and seventy three, with lawful interest thereon, half yearly, on the first days of January and July in each and every year, until the said principal sum of one thousand pounds shall be fully paid, the first payment of such interest to be made on the first day of July next. 6, The said Rector, Church Wardens, and Vestry qf Saint John's Church, in the Parish of Saint Mark, shall have full power and authority in their own name or otherwise, to ask, demand, sue for, recover, and receive, and likewise to take and use all other due and lawful means to enforce the payment of all rents for pews in the said Church or Chapel of Ease due and in arrear, and payable on thp first day of January last, and shall within one year after the passing of this Apt, account for and pay over to the said Rector, Churcl; Wardens; and Vestry of Trinity Church, after deducting all expenses of collecting the same, the amount of such arrears of pew rents. 7, The power and authority granted to a Church Corpo- ration by any law in force in this Province, and all and every the clauses, enactments, and provisions of an Act made and passed in the twenty ninth year of the Reign of King George the Third, intituled An Act far erecting a Parish in the City of Saint Jphn, and incorporating the Rectors, Church Wardens, and Vestries of the Church of England in the several Parishes in this Province, and of all other Acts relating to such Cor- porations, and to the elections of Church Wardens and Vestryr men, now in force in the said Parisb of Saint John, shall extend and be construed to extend to the said Parish of Saint Mark erected by this Act, as fully and effectually as if sudj power and authority were herein specially granted, or such clauses, enactments, and provisions were herein particularly enacted, except so far as such clauses, enactments, and provir sions may be inconsistent with the provisions of this Act* 16th Victoria — Chaptjbr 47. An Act to authorize the Rector, Church Wardens, and Vestry of Saint Mark's Church, in the Parish of Saint George, in the County of Charlotte, to sell and dispose of certain Glebe Lands in said Parish, and invest the proceeds in other lands. 16 V i5 40] CHURCHES. 365 Section. Section. 1. Corporation, what lands may Bell. 2. Proceeds of sale,' how rested. Passed 3rd May 1853. Whereas a certain tract of Land situate on the north side of LeTang Harbour, in the Parish of Saint George, in the County of Charlotte, known as (Jlebe Lot, containing four hundred and fifty five acres, more or less, granted by Letters Patent under the Great Seal of the Province of , New Bruns- wick to the Rector, Church Wardens, and Vestry of Saint Mark's Church, in the Parish of Saint George, and their successors, for a Glebe : And whereas it is believed that the Sdid tract of Glebe land could be sold at a fair price, and that the moneys arising from such sale might be invested in the {xurchase of other lands more conveniently situated, and more beneficial and productive for the use and benefit of the said Rector ; — Be it therefore enacted, Sfc.-^—i. The Rector, Church War- dens, and Vestry of Saint Mark's Church, in the Parish of Saint George, be and they are hereby authorized and empowered to sell, dispose of, and convey all and singular the said lot or tract of Glebe land, and make, seal, and deliver good and sufficient deeds of conveyance of the same, in fee simple, by and with the approbation of the Lord Bishop of the Diocese, or in his absence, of the Archdeacon or Ecclesiastical Commissary of the Province, signified by either of them being a party to such deeds signing the same. 2. The amount arising from such sale of Glebe land shall be invested by the said Rector, Church Wardens, and Vestry in the purchase of other freehold property more conveniently situated for the use and behoof of the Rector of the said Church for the time being, tohold the same to the said Rector, Church Wardens, «nd Vestry, and their successors for ever, for a Glebe for the use and behoof of the Rector of the said Church for the time being. 16th Victoria — Chapter 49. An Act to authorize the Rector, Church Wardens, and Vestry of Saint Mary's Church, of the Parish of Richi- bucto, to sell certain Lands granted to the said Cor- poration, and vest the proceeds in other lands. 366 CHURCHES. [17 "V c 11 Section 1. — What lands may sell and proceeds invest. Passed 3rd May 1853. Whereas the Rector, Church Wardens, and Vestry of Saint Mary's Church, in the Parish of Richibucto, are repre- sented to be seized and possessed of certain lands in the Parish of Richibucto, in the County of Kent, situate on the north side of Richibucto River, which are unproductive, and it is deemed desirable to sell and dispose of the same, and to vest the proceeds arising from such sale in other lands for the said Corporation ; — Be it therefore enacted, &fc. — 1. The Rector, Church War- dens, and Vestry of Saint Mary's Church, in the Parish of Richibucto, by and with the approbation of the Lord Bishop of the Diocese, be and they are hereby authorized and empowered to sell and dispose of, at public auction or private sale, all their right, title, and interest to the following described piece of land, situate on the north i^iide of Richibucto, in the County of Kent : — All that certain piece or lot of land situate on the north side of Richibucto River, in the Parish of Richibucto aforesaid, being all the lot number ten, excepting thereout one hundred acres of land sold to George Kinread under an Act made and passed in the eleventh year of the Reign of Her present Majesty, intituled An Act to authorize the Rector, Church Wardens, and Vestry of Saint Mary's Church, in the Parish of Richibucto, to sell certain lands granted to the said Corporation, and vest the proceeds in other lands ; and to vest the sum so received in other lands for the use and purpose of a Glebe for the Rector of said Church. 17th Victoria — Chapter 11. An Act to carry into effect an agreement between the Bishop of Fredericton and the Rector, Church Wardens, and Vestry of Christ Church, in the Parish of Frede- ricton, relative to the Parish Church. Section. Section. 1. Bishop empowered to convey. 6. Church Corporation empowered to con- 2. On conveyance, Saint Anne's Cliapel to vey premises to the Bishop. . become Parish Church. 7. Re-entry to remove present Church. 3. Chapel to be then called Christ Church. 8. On neglect, the Bishop may remove. 4. Sittings to be free; exception. 9. Remains of Lieutenant Governor Smyth 5. Churcl) Wardens and Vestrymen, quali- to be cared for. hcations of, and of electors. 10. Certificate to be endorsed on conveyance. 11. Compensation to certain pewholders. 17 V C 11] CHURCHES. 367 Passed 20th March 1854. Whereas the Right Reverend John Medley, Doctor of Divinity, Bishop of the Diocese of Fredericton, is seized in fee simple to himself and his successors forever, of a lot of land in the City of Fredericton, described as lot number three hundred and ninety three, which was conveyed to him by John Simcoe Saunders, Esquire, for the purpose of erecting and keeping erected thereon a Church or Chapel in connexion with the Established Church of England, and the said Bishop has built a Chapel on the said lot, which has been duly consecrated by the name of " Saint Anne :" And whereas the said Bishop has offered to convey the said Chapel and the lot of land on which the same stands, to the Rector, Church Wardens, and Vestry of Christ Church, in the Parish of Fredericton, and their successors for ever, for a Parish Church, in the place of the present Parish Church, and such offer has been accepted by the said Rector, Church Wardens, and Vestry, and by the principal part of the Parishioners belonging fo the said Church, upon condition that the sittings in the said Chapel should remain free and unappropriated for ever, and also upon condition, and as a consideration for such conveyance, that the said Rector, Church Wardens, and Vestry should be authorized to convey to the said Bishop and his successors for ever, the lot of land in the said City of Fredericton on which the present Parish Church is built, reserving to the said Rector, Church Wardens, and Vestry, and their successors, the right to enter upon the said land at any time within six months after the conveyance thereof, and to remove therefrom the said Church and appur- tenances, and dispose of the same as they may think proper; which conditions have been agreed to by the said Bishop, and by the said John Simcoe Saunders, the donor of tiie land on which the said Chapel stands ; — Be it therefore enacted, Sfc. — 1. It shall be lawful for the Bishop of Fredericton for the time being, to convey to the Rector, Church Wardens, and Vestry of Christ Church, in the Parish of Fredericton, and their successors for ever, in fee simple, the said Chapel called " Saint Anne," and the lot of land on which the same stands ; and the deed of conveyance thereof, being duly acknowledged and registered, shall vest in the said Rector, Church Wardens, and Vestry, and their 368 CHURCHES. [17 V c 11 successors, the absolute estate in fee simple in the said land and Chapel. 2. From and immediately after the execution of the said deed of conveyance by the said Bishop, the present Church in the City of Fredericton called " Christ Church," shall cease to be the Parish Church of Fredericton, and in place thereof the said Chapel called " Saint Ann^' shall be the Parish Church df Fredericton ; and the said Rector, Church Wardens, and Vestry, and their successors, shall have therein all the estate, right, and interest (except the right to sell or dispose of the seats therein) which is by law vested in Church Corporations in Parish Churches in this Province. 3. The said Chapel shall immediately after the conveyance thereof to the said Rector, Church Wardens, and Vestry, be called and known by the name of " Christ Church," any thing in the deed of consecration thereof to 'the contrary notwith- istanding. 4. The sittings in the said Chapel shall remain free and unappropriated for ever ; provided always, that a pew or seat shall be set apart in the said Church for the occupation of the Queen's Representative in this Province. 5. All persons who by law would 'have been entitled to vote for, or fill the office of Church Warden or Vestryman for said Parish before this Act comes into operation, shall be deemed to be qualified to vote for or fill such offices at the first election held after this Act comes into operation. 6. It shall be lawfulfor the said Rector, 'Church Wardens, and Vestry of Christ Church for the time being, to convey to the said Bishop and his successors for ever, in fee simple, the lot of land in the said City of Fredericton, granted to the said Rector, Church Wardens, and Vestry, and on which the Parish Church now stands, and such land shall be held by the said Bishop and his successors, for the like purposes and subject to the same provisions as are contained in the grant of the adjoin- ing lands to the said Bishop, under the Great Seail of the Pro- vince, bearing date the ninth day of January in the year of our Lord one thousand eight hundred and forty six. 7. The said Rector, Church Wardens, and Vestry, and their successors, shall have power at any time within six calendar months after their conveyance thereof, to enter from time *to 17 V C 11] CHURCHES. 369 time upon the said lot of land so conveyed by them to the said Bishop, aud to remove the present Parish Church therefrom, with the organ and all other furniture thereto belonging, and to dispose of the same as they may think proper. 8. In case the said Rector, Church Wardens, and Vestry shall not remove the said Church within the time hereinbefore limited, it shall be lawful for the Bishop for the time being to do so, and to dispose of the same a« he may think proper. 9. And whereas under the provisions of an Act passed in the fifth year of the Reign of King (Jeorge the Fourth, intituled An Act to provide for the permanent interment of the remains of the late Lieutenant Governor Smyth within the walls of the Parish Church of Fredericton, a vault has been erected under the said Church, and upon the lot of land in the sixth Section of this Act described, in which vault the remains of the said Lieutenant Governor Smyth are now deposited, and it is neces- sary to make such provision for the disposal of the said remains as the removal of the said Church may require; — No convey- ance to be made to the said Bishop, and his successors, of the said land and premises described in the sixth Section of this Act, shall be valid or effectual at law or in equity, to pass any estate to the said Bishop or his successors, until the remains of the late Lieutenant Governor Smyth have been suitably disposed of, either by interring such remains under any other Church or Chapel, or by inclosing and securing the said vault where it now stands, and erecting thereon a monument to the deceased. 10. When such provision has been made for the disposal of the said remains as shall be satisfactory to the Lieutenant Governor in Council, a certificate shall be endorsed on such conveyance, under the hand of the Lieutenant Governor, that the requirements of the ninth Section of this Act have been complied with; which certificate shall be registered with such conveyance. 11. The owners of pews in the said Church who shall not have agreed with the Bishop of the Diocese, or with the said Rector, Church Wardens, and Vestry, to surrender their rights and interest in such pews, and who shall have paid all arrears of rent due on their said pews to the said Rector, Church Wardens, and Vestry, shall (if they require the same) receive 24 370 CHURCHES. [17 V c 46 such compensation therefor as may be agreed upon between such owners respectively and the said Rector, Church Wardens, and Vestry, and in case they cannot agree, then the amount of such compensation shall be determined by arbitrators, one to be chosen by each party, with power to the said arbitrators to choose a third, in case of disagreement as to the amount of compensation. 17th Victoria — Chapter 46. An Act to authorize the Rector, Church Wardens, ar>d Vestry of Saint John Church, in the Parish of Burton, in the County of Sunbury, to sell and dispose of certain Glebe Lands in the Parishes of Burton and Blissville, in the said County, and to invest the proceeds arising therefrom in other lands. Section Section. 1. Glebe lands, how to be dispoBed of. S. Proceeds, liow to be invested. Passed \st May 1854. Whereas two certain tracts of Land situate in the Parishes of Burton and Blissville, in the County of Sunbury, known as Glebe Lots, containing eight hundred acres, more or less, granted by Letters Patent under the Great Seal of the Province of New Brunswick to the Rector, Church Wardens, and Vestry of Saint John Church, in the Parish of Burton, and their suc- cessors, for a Glebe : And whereas it is believed that the said tract of land could be sold at a fair price, and that the moneys arising from such sale might be invested in the purchase of other lands more conveniently situated, and by reason thereof be made more beneficial and productive for the use and benefit of the Rector of the said Pai;ish ; — Be it therefore enacted, &fc. — 1. The Rector, Church War- dens, and Vestry of Saint John Church, in the Parish of Burton, be and they are hereby authorized and empowered to seU, dispose of, and convey all and singular the said lots or tracts of Glebe land, and make, seal, and deliver good and sufficient deeds of conveyance of the same in fee simple, by and with the approbation of the Lord Bishop of the Diocese, or in his absence, of the Archdeacon or Ecclesiastical Com- missary of the Province, signified by either of them being a party to such deed, and signing the samev 17 V C 50] CHURCHES. 371 2. The amount arising from such sale or Glebe lands, shall be invested by the said Rector, Church Wardens, and Vestry, in the purchase of other freehold property more conveniently situated for the use and behoof of the Rector of the said Church for the time being, to hold the same to the said Rector, Church Wardens, and Vestry, and their successors, for ever, for a Glebe for the use and behoof of the Rector of the said Church for the time being. 17th Victoria — Chapter 50. An Act to authorize the Rector, Church Wardens, and Vestry of Christ Church, in the Parish of Fredericton, to sell certain Lands, and to reinvest the proceeds thereof. Section. Section, I. Power of Corporation to sell leased lands. S. Appropriation of proceeds. Passed 1st May 1854. Whereas the Rector, Church Wardens, and Vestry of Christ Church, in the Parish of Fredericton, are seized and possessed of certain lands situate in the City of Fredericton, under and by virtue of a Grant from the Crown bearing date the first day of December in the year of our Lord one thou- sand eight hundred and ten, and described therein as blocks number one, two, and three : And whereas it is desirable that the said Rector, Church Wardens, and Vestry should have power to dispose of the said lands ; — Be it therefore enacted, &fc. — 1. When and so often as the Rector, Church Wardens, and Vestry of Christ Church, in the Parish of Fredericton, shall agree with the lessee or lessees, assignee or assignees, of any lot or lots of land within any or either of ihe blocks number one, two, or three, granted to the said Rector, Church Wardens, and Vestry, for the use and support of the Church in the said Parish of Fredericton, for the sale and disposal of the right and interest of the said Rector, Church Wardens, and Vestry therein, it shall and may be lawful to and for ihe said Rector, Church Wardens, and Vestry of Christ Church, in the Parish of Fredericton, and they are hereby authorized to sell to such lessee or lessees, assignee or assignees, all the right and interest of them the said Rector, 372 CHURCHES. [16Vc4 Church Wardens, and Vestry, in and to the said lot or lots of land, and thereupon to make and execute a good, legal, and sufficient convejance of the same in fee, any former law to the contrary notwithstanding. 2. The moneys arising from the sate and disposal of the Said lands shall from time to time be applied and invested by the said Rector, Church Wardens, and Vestry, in the purchase of other property to them and their successors, or else be invested in mortgages upon real estate, for the use and support of the Church in the said Parish of Fredericton ; provided nevertheless, that no such Church Warden or Vestryman having an interest in any of tlie said lands as lessee or other- wise, shall be qualified to act in that capacity in any matter connected with the sale or disposal of such lands. 16th Victoria — Chapter 4. An Act to incorporate the Diocesan Church Society of New Brunswick. Section. Section. 1. Incorporation of Society. S. Property ofSociety, Iiow vested. 3. Connitation of Society. 4. When Act to take effect. Passed Uth April 1853. Whereas it has been represented to the Legislature of this Province, that certain persons hereinafter named, and divers others inhabitants of New Brunswick, members of the Church of England, have associated themselves together as a Society under the following Constitution, Bye Laws, Rules, and Regu- lations, that is to say : — 1st. The Society shall be called the Diocesan Church Society of New Brunswick : 2nd. No constitution, bye law, rule, or regulation of the Society, or any abrogation, repeal, change, or alteration of the same, shall he of any force until it shall have been sanctioned and confirmed by the Bishop of and admlnisteriYjg the Diocese for the time being, by writing under his hand : 3rd. The payment at any one time of a sum not less than ten pounds, shall constitute a life member ; and the payment annually of any sum however small, shall constitute the person paying the same a member of the Society : 4th. The Society shall have a President, who shall be the Lord Bishop of the Diocese } two or more Vice Presidents, of whom 16 V c 4} CHURCHES. 373 the Archdeacon shall be the first; one or more Treasurers ; one or more Secretaries; two Auditors of Accounts ; and an Executive Committee of twenty four lay members of the Society, being life members thereof, or subscribers of at least one pound to the funds of the Society, who, with the exception of the President and Vice Presidents, shall be annually elected at the anniversary meeting : 5th. The officers of the Society and the Clergy of the Diocese, shall be ex officio members of the Committee; five to be a quorum, and three of the five Jaymen : 6th. The Society shall embrace the following objects, and none other, viz : — 1. Missionary visits to places where ther« is no settled Cler- gyman ; and aid to new and poor Missions ; 2. The establishment of Divinity Scholarships at King's Col- lege, Fredericton ; and assistance where necessary to those who may be under preparation for the Ministry, especially sons of Clergymen ; 3. Aid to Sunday and other Schools in which Church prin- ciples are taught ; and the training and encouraging of Schoolmasters and Catechists ; 4. The supply of books and tracts in strict conformity with the principles of the Established Church of England ; 5. Aid to the building and enlarging of Churches and Chapels; 6. Aid to the building of Parsonage Houses ; 7. The creation of a fund towards the augmentation of the stipends of Clergymen who are poor ; and towards the education of the children of such Clergymen ; and to- wards the making a provision for those who may be incapacitated by age or infirmity ; 8. The creation of a fund for the Widows and Orphans of the Clergy : 7th. The Society will employ no Clergyman on Missionary services without the Bishop's licence and appointment, and will submit its choice of Divinity Scholarships to His Lordship's approbation : 8th. The Society will circulate no books which are not in the Catalogue of the Society for Promoting Christian KNOwledge, except such as the Bishop shall approve : 9th. It shall be competent to any member of the Society to limit his subscription to any one or more of the objects above recited, which he may be most anxious to promote : 10th. The members 374 CHURCHES. [16 V c 4 of the Society in each Mission or in each Parish of each Mission, at the discretion of the Missionary, shall constitute a local Committee : 11th. It shall be competent to each Committee to recommend any of the above recited objects to the special consideration of the General Committee, in the appropriation of the funds of the Society: 12th. The Society shall hold its Anniversary Meeting at Fredericton and Saint John alter- nately ; at the latter place on the Thursday after the third Tuesday in January, and at the former place on the Thursday after the second Tuesday in February, in each year : 13th. The Committee of each Parish or Mission shall hold an annual meeting on some convenient day previous to the anniversary meeting, when the recommendation to the General Committee of special objects shall be determined on : 14th. Each local Committee shall be empowered to depute two lay members of the Society to be elected at the annual meeting of the Com- mittt'e, to assist the Missionary in submitting the recommen- dations of the Committee to the consideration of the General Committee: 15th. For this purpose the Missionaries and lay Deputies shall meet in General Committee on the two days or more if need be, previous to the anniversary meeting, to make the annual appropriation of the funds of the Society : 16th. The Executive Committee shall meet either at Fredericton or Saint John on the first Wednesday in January, on the day after the annual meeting, on the first Wednesday in March, on the first Wednesday in June, and on the Wednesday after the first Tuesday in October : 17th. The Clergy are requested to preach annually two Sermons in their respective Churches, with a collection on each occasion for the general purposes of the Society : 18th. No article of the constitution of this Society shall be .rescinded, altered, or amended, except with the concurrence of two thirds of the members present at a general meeting ; and notice of any motion shall be given at the general meeting previous to the one at which said motion is to be made : And whereas the said persons have contributed, or engaged to contribute considerable sums of money for the objects therein recited : And whereas it is considered necessary for the safety of the property of the Society, and would tend greatly to facilitate and promote the purposes of the said Society, that it should be incorporated ;— 16 V c 4] CHURCHES. 375 Be it therefore enacted, Sfc, — 1. The Right Reverend the Lord Bishop of Fredericton, the Venerable and Reverend George Coster, the Honorable Neville Parker, the Honorable Robert Parker, the Honorable George Frederick Street, the Honorable William Black, the Honorable William Crane, the Honorable John R. Partelow, the Honorable John Ambrose Street, the Honorable Robert Duncan Wilmot, the Honorable Edward B. Chandler, the Honorable Robert L. Hazen, the Honorable William F. W. Owen, the Honorable John S. Saunders, the Honorable A. Edwin Botsford, the Honorable Thomas H. Peters, the Honorable Charles Simonds, and Frederick A. Wiggins, Esquire, and such other persons as are now members of the said Society, according to the con- stitution, bye laws, rules, and regulations thereof, and such other persons as shall from time to time hereafter become members of the Society, shall be and are hereby declared to be a body corporate and politic in name and in deed, by the name of " The Diocesan Church Society of New Brunswick," and by the said name the said Society shall have all the general powers and privileges made incident to a Corporation by Act of Assembly in this Province. 2. The constitution, bye laws, rules, and regulations here- inbefore recited, shall and the same are hereby declared to be the constitution, bye laws, rules, and regulations of the said Corporation, and shall and may from time to time, as occasion may require, be rescinded, abrogated, repealed, altered, ex- tended, or amended in the manner therein and thereby directed, provided ihe same be not repugnant to the laws and statutes of the Province. 3. The property, both real and personal, moneys, funds, securities, and assets of every description of the said Society, whether in possession, remainder, reversion, or expectancy, shall from and after the passing of this Act be and the same are hereby declared to be absolutely vested in the said Cor- poration by the name aforesaid, for the like objects and pur- poses, and no other, for which the same were held by the said Society, and by the said Corporation shall be appropriated and applied in like manner as the same were required to be appro- priated and applied by the said Society; and shall and may firom time to time be sued for and recovered by all lawful ways 376 CHURCHES. [1 W 4 C 11 and means to and for the uses aforesaid ; and all the liabilities of the said Society, both in law and equity, shall in like manner, from and after the passing of this Act, devolve upon the said Corporation by the name aforesaid, to the same extent as the said Society would have been held liable for had this Act not been passed. 4. This Act shall not take effect unless and until it is accepted by a majority of members present at any meeting of the Society to be called for that purpose at Fredericton, by the Lord Bishop of the Diocese, after two mouths notice to be given by advertisement in the Royal Gazette, and unless it receive the sanction of the Lord Bishop, to be given at or before such meeting. 1st William 4th— ^-Chapter 11. An Act to incorporate the Minister and Elders of tlje Kir^ of Scotland in the Town of Newcastle, and for the purposes therein mentioned. Section. Section. I. What land vested in Minister, &c. 3. What persons incorporated. Passed 25th March 1831. Whereas sundry inhabitants of the Town of Newcastle and its vicinity, in the County of Northumberland, being of the Protestant, profession of worship approved of by the General Assembly of the Church of Scotland, have by voluntary con- tributions erected a large and handsome building for a place of worship, which it is intended shall be in connexion with the said Church of Scotland : And whereas the title to the parcel of land on which the said Church has been erected, being part of the lot number two, and bounded as follows, that is to say, — Beginning at the north side of the highway running through. Newcastle aforesaid, one rod distant fronj the western boundary of the County lot or grant number three ; thence running twenty three rods and one half of a rod along the said western boun- dary of the said lot number three, one rod distant from the said boundary ; thence at a right angle westerly nine rods ; thence l W 4 C 11] CHURCHES. 377 at a right angle southerly twenty six rods and one half of a rod, or until it meets the said highway ; thence along the said highway easterly until it meets the first mentioned boundary, containing in the whole one acre and one half of an acre, is now in sundry inhabitants of the said Town of Newcastle and its vicinity, in trust and for the use of the persons of the profes- sion aforesaid : And whereas the said persons are desirous that the said title to the said parcel of land should be transferred to and rested in the Minister and Eiders of the said Church; which said Minister and Elders have been duly appointed and chosen according to the usages of the said Church of Scotland, and the said Minister has been duly licenced to officiate in the said Church; — Be it therefore enacted, &fc. — 1. The Minister and Elders of the said Church, commonly called and known by the name of " The Kirk of Scotland," shall be deemed and taken to be in all Courts of law and equity the jnoprietors of the said parcel of land, instead of the said persons now having title thereto as aforesaid, and the said title to the said parcel of land shall henceforward be transferred to and vested in the said Ministers and Elders, and their successors, for ever, being so elected and appointed, and approved and licenced as aforesaid, to have, bold, use, and enjoy the same for the use and intent aforesaid ; saving nevertheless, the right of His Majesty, His Heirs and Successors, and of all bodies politic and corporate, and of all other persons, to the said parcel of land, except the said persons in whom the title is vested as aforesaid, for the use aforesaid. 2. The said MinistoK and Elders shall be and they are hereby incorporated by the name of "The Minister and Elders of the Kirk of Scotland, in the Town of Newcastle," and shall by that name have perpetual succession, and be enabled to sue and be suedi implead and be impleaded, answer and be answered unto, and to receive, take, and hold gifts and grants of land and real estate the annual income of which shall not exceed the sum of five hundred pounds, and also to accept of and re- ceive donations for the endowment of the same. 378 CHURCHES. [2 W 4 c 18 2nd William 4th — Chapter 18. . .i An Act to repeal all the laws now in force relating to Saint Andrew's Church, in the City of Saint John, and for incorporating certain persons pewholders of the said Church and of the several Churches erected or to be erected in this Province in connexion with the Church of Scotland. Section. Section. 1. Repeal of Acts. 7. Minister, &c., how to hold offices, &c. 2. Trustees, how incorporated. 8. Trustees, for what engagements liable. 3. What lands vested in Trustees. 9. Trustees of other Churches, how may be 4 & 5. Repealed. incorporated, €, Minister, how chosen. Passed 9th March 1832. Whereas according to the forms and usages of the Church of Scotland as by law established, the spiritual and temporal affairs of the said Church are kept separate and distinct : And whereas the present Acts of Incorporation vesting the temporal aflFairs of Saint Andrew's Church, in the City of Saint John, in connexion with the Church of Scotland, in the Minister and Elders of the said Church, is at variance with the forms and usages of the said Church of Scotland : And whereas it appears to be the desire of the Members of the said Church in Saint John, and of a large majority of the Churches now established in this Province in connexion with the said Church of Scotland, to be incorporated in strict conformity with the forms and usages aforesaid, and to enable them to manage their temporal affairs in accordance therewith ; — Beit therefore enacted, Sfc. — 1. An Act made and passed in the fifty sixth year of the Reign of His late Majesty King George the Third, intituled An Act to enable the Minister and Elders for the time being of the Church in communion with the Kirk of Scotland lately erected in the City of Saint John, to hold the: same to them and their successors for ever, and for other purposes therein mentioned ; and an Act passed in the fifty eighth year of the same Reign, intituled An Act to extend the powers of the Minister and Elders of the Kirk of Scotland in the City of Saint John, be and the same are hereby repealed. 2. The present committee of management inthe said Church, consisting of twelve members, namely, Thomas Walker, Robert Rankin, John Wishart, John Robertson, James Kirk, Robert Keltic, James Burns, Henry Hood, William Parks, 2 W 4 c 18] CHURCHES. 379 William Walker, James Robertson, and Daniel Leavitt, elected on the fifteenth day of August last, together with the Elders of the said Church, namely, John Paul, Robert Robert- son, Thomas Nisbet, William Hutchinson, Angus M'Kenzie, and John Gillies, be and they are hereby declared to be Trustees for the said Church until the election and appoint- ment of twelve other Trustees as hereinafter mentioned ; and the above named Trustees and their successors, (the said twelve Trustees to be chosen and appointed in manner as herein- after directed, and their successors) for ever, shall be a body politic and corporate in deed and name, and shall have succes- sion for ever by the name of " The Trustees of Saint Andrew's Church, in the City of Saint John," and by that name shall be enabled to sue and be sued, implead and be impleaded, answer and be answered unto in all Courts a-nd places what- soever within this Province ; and shall have full power and capacity to purchase, receive, take, hold, and enjoy, for the use and benefit of the said Church, as well goods and chattels, as lands, tenements, and hereditaments, and improve and use the same for the benefit of the said Church according to their best discretion, and the true intent and meaning of the donors when the same shall be given, devised, or bequeathed to the use and benefit of the said Church, any law, usage, or custom to the contrary notwithstanding ; provided always, that the amount of annual rents, profits, and receipts of such lands, tenements, goods, chattels, and hereditaments, shall not exceed the sum of five hundred pounds. 3. The several lots of land forming a block on which the said Church is built, situate in Queen's Ward of the said City, and fronting on Germain Street, together with a lot of land situate in the Parish of Portland, whether the same are now legally vested in the present Corporation of the said Church by the title of "The Minister and Elders of the Church of Scot- land, in the City of Saint John," or are still standing out in the original Trustees to whom they were conveyed for the use and benefit of the said Church, according to their full metes and boundaries, together with the said Church thereon erected, shall be and remain fully and absolutely vested in the said Trustees of Saint Andrew's Church, in the City of Saint John, and their successors, for ever, as a good and absolute estate in 380 CHURCHES. [2 W 4 c 18 fee simple, far the use, trust, and benefit aforesaid, and shall be so deemed and taken in all Courts of law and equity in this Province, any law, usage, or custom to the contrary thereof in anywise notwithstanding; saving to all purchasers, tenants, or occupiers of the pews in the said Church, or to all tenants or occupiers of the said lots of land or any part thereof, their present legal rights therein and thereto. 4. Repealed by 14 V. c. 9, s. 1. 5. Repealed by 3 W. 4, c. 15. 6. In case of a vacancy, or the expiration of any agreement made or to be made with any Minister for the said Church, the call or nomination of any candidate or candidates for the; pastoral charge of the said Church shall be in the Trustees and Elders if such candidate or candidates shall be in British America, and the choice among such candidate or candidates, or choice of rejection of such candidate, shall lie in the congre- gation, being pewholders or communicants, and including the said Elders and Trustees, or a majority of them ; and if it shall be found necessary to call a Minister from any part of Great Britain, the arrangements for that purpose shall be solely vested in the said Trustees and Elders of the said Church; provided always, that in either case the Minister to be called shall be a duly ordained or licenced Preacher by a Presbytery in connexion with the Established Church of Scotland. 7. The Minister, Elders, and Deacons, and other officers of the said Church, shall be elected, chosen, and appointed, and have, hold, exercise, and enjoy their respective offices, accord- ing to the usages of the said Church of Scotland, except so far as the same may be altered or abridged by this Act. 8. The said Trustees of Saint Andrew's Church hereby incorporated, shall be held both in law and at equity bound for any engagement made by any former Trustees, or- other persons belonging to the said Church, for the Minister's stipend and expenses of his coming to this country, and the same shall be paid by the said Corporation so as to relieve the said Trustees or other persons of the burthen of such engagement ; and if the amount thereof shall happen to exceed the yearly income of the said Church, the same shall be a burthen on the said Church and Corporation as such, and shall not make the said Trustees responsible in their individual and private capacity. 3 W 4 c 15] CHURCHES. 381 9. The Trustees of the several and respective Churches already erected within this Province, and also of all Churches which may hereafter be erected in connexion with the Estab- lished Church of Scotland shall, when elected, chosen, and appointed in manner and form as directed in and by this Act, be bodies politic and corporate in deed and name, and shall have succession for ever, by the name of the Trustees of the several and respectire Churches to which they respectively belong ; and this Act, and every clause, direction, auiho- rity, and power in the same contained, shall extend and be in force for all such Churches, in the same manner as if the said clauses, directions, and authorities were particularly re- enacted and applied to such Churches respectively, [the words here omitted are repealed by 5 W. 4, c. 6,J and all lands, tenements, and hereditaments conveyed or to be conveyed to and for the use and benefit of the said Churches, shall be vested in the said several respective Corporations, as fully and absolutely to all intents and purposes as the lands and Church mentioned in the third Section of this Act are hereby vested in the said Trustees of Saint Andrew's Church, in the City of Saint John. 3rd William 4th — Chapter 15. An Act to amend the Act relating to the several Churches in this Province in connexion with the Church of Scotland. Section, Section. I. Repeal of what Section. 2. Powers of Trustees lo sell, ke. pews, &c. Passed \9lh Mafdh 1833. Whereas the fifth Section of an Act passed in the second year of the Reign of His present Majesty King William the Fourth, intituled An Act to repeal all the laws now in force relating to Sain t Andrew's Church, in the City of Saint John, and for incorporating certain persons pewholders of the said Church and of the several Churches erected or to he erected in this Province in connexion with the Church of Scotland, is found to be defective and in need of amendment; — Be it enacted, &fc. — 1. The said fifth Section of the said re- cited Act be and the same is hereby repealed. 382 CHURCHES. [5 W 4 c 6 2. The said Trustees of Saint Andrew's Church, and of the several and respective Churches already erected, and also of all other Churches which may hereafter be erected within this Province, in connexion with the Church of Scotland, chosen and appointed in manner and form provided by the said Act, or the major part of them, assembled upon due notice publicly given, shall have full power and authority to sell, let, or hire the pews of the said Churches respectively, and let or hire for a term not exceeding twenty one years the lands, tenements, and hereditaments mentioned in the said recited Act, or any other lands, tenements, or hereditaments which shall or may come into their possession for the use and benefit of the said Churches respectively, and to take and use all such other lawful ways and means as they in their discretion shall think best adapted for the benefit and advantage of the said Churches respectiviely ; provided always, that nothing herein contained shall be construed to permit the said Trustees of the said- Churches respectively to sell or dispose of the said lands, tene- ments, and hereditaments, or any part thereof, absolutely, or for any greater estate than the term of twenty one years as aforesaid. 5th William 4th — Chapter 6. An Act to amend an Act to repeal all the laws now in force relating to Saint Andrew's Church, in the City of Saint John, and for incorporating sundry persons pew- holders of the said Church and of the several Churches erected or to be erected in the Province in connexion with the Church of Scotland. Section. 1. — Repeal of part of Section. Passed 24th June 1835. Whereas it is considered expedient to amend the ninth Section of an Act made and passed in the second year of the Reign of His present Majesty, intituled An Act to repeal all the laws now in force relating to Saint Andrew's Church, in the City of Saint John, and for incorporating certain persons pew- holders of the said Church and of the several Churches erected or to he erected in the Province in connexion loith the Church of Scotland, by repealing such part thereof as excepts the 7Vc21] CHURCHES. 383 operation of the eighth Section of the same Act as therein expressed ; — Be it therefore enacted, ^c. — Such exception contained in said ninth Section in the words following, that is to say, "save and except only the eighth Section of this Act," be and the same is hereby repealed, and that such eighth Section do extend and be construed in all respects as if the said exception were not therein inserted. 7th Victoria — Chapter 21. An Act to authorize the Trustees of Saint John Church, in Richmond, to sell lands, and to apply the proceeds thereof for certain purposes. Section. Section. 1. Ti'uueee authorized to sell, what lands. 2. Proceeds, how invested. Passed 25th March 1844. Whereas by Letters Patent under the Great Seal of the Province, bearing date the nineteenth day of October in the year of our Lord one thousand eight hundred and forty, the following pieces and parcels of land were granted unto the Trustees of Saint John Church, Richmond, in connexion with the Established Church of Scotland, and their successors, for the use of the said Church, viz : — Two tracts of land situate in the Parish of Woodstock, in the County of Carleton, in the Province of New Brunswick, and bounded as follows, to-wit: — The first tract beginning on the eastern side of a reserved road, and in the southwest angle of the west part of lot number twenty three, granted to Charles M'Dougal, in the fifth tier of Andrew Blair's survey of lots in Richmond Settlement, west of the River Saint John, made in the year one thousand eight hundred and twenty seven ; thence running by the magnet east fifty five chains of four poles each ; thence south twenty chains; thence west fifty six chains, to the western side of another reserved road ; thence west fifty five chains; thence north sixty chains ; and thence east fifty six chains, to the place of begin- ning, containing four hundred acres, more or less, as the west part of lot number twenty four, in the fifth tier, and the east parts of lots seventeen, eighteen, and nineteen, on the west side of the said reserved road first above mentioned, and at the 384 CHURCHES. [10 V c 70 southeast angle of the east part of lot number thirteen, granted to Alexander M'Dougal, in the sixth tier of the Richmond settlement ; thence west running fifty five chains ; thence south twenty chains ; thence east fifty five chains ; and thence north twenty chains, to the place of beginning, containing one hun- dred acres, more or less, distinguished as the east part of lot number fourleen, in the sixth tier of the aforesaid survey ; the two tracts together containing five hundred acres, more or less : And whereas it is expedient and necessary, and will be for the benefit of the said Church, to authorize the Trustees thereof to sell and dispose of the said lands for the best price that can be obtained therefor, and to apply the proceeds of such sale either in the purchase of other lands or the erection of a Par- sonage House for the use and benefit of such Church ; — Be it therefore enacted, SfC. — 1. The said Trustees of Saint John Church, Richmond, in connexion with the Established Church of Scotland, be and they are hereby authorized and empowered to sell and dispose, and by a good and sufficient deed to convey and assure to the purchaser or purchasers thereof, his or their heirs and assigns, the said hereinbefore described tracts of land to the said purchaser or purchasers, his or their heirs and assigns, for ever, saving neverthelesis, the rights of the Queen's Majesty, Her Heirs and Successors. 2. The money arising from the sale and disposal of the said land shall be applied towards the erection of a Parsonage House, or in the purchase of other lands for the use and benefit of the said Church ; provided that such Parsonage House be orected on lands vested in said Corporation. 10th Victoria — Chapter 70. An Act to authorize the Trustees of Saint Stephen's Church, in the City of Saint John, to sell and dispose of certain lands in the said City, and to reinvest the proceeds thereof. Section. Section. 1. What lands Trustees may sell. 4. Pewholders, who may be paid. 2. Trustees empowered to pay oif mortgage. 5. New Church, to be in what conaexioti; 3. Commissioners to be appointed, Dy 6. Interior fittings reserved. whom ; to invest proceeds. Pas^d \4th Jpjil 1847. Whereas the Tr.ustees^jf Saint Stephen's Church, in the 10 V c 70] CHURCHES. 385 City of Saint John, are now seized and possessed of certain lands situate and being in the City aforesaid, bounded and described as follows : — Situate, lying, and being in King's Ward, in the City of Saint John, known as lots numbers three hundred and eighteen and three hundred and nineteen, each of the said lots being forty feet wide, and having a front of that width on the northern side of King's Square, and running back northerly one hundred feet, together with a Church and other buildings erected thereon : And whereas it would tend much to the ad- vantage of the said Trustees and of the Pewholders of the said Church, if the said several lots of land were sold and disposed of, and the proceeds thereof applied towards the payment of the debts due by the said Trustees of Saint Stephen's Church, in the City of Saint John, and the surplus invested in the purchase of some suitable place for public worship, in connexion with the Established Church of Scotland ; — Be it therefore enacted, &fc. — 1. The Trustees of Saint Stephen's Church, in the City of Saint John, be and they are hereby authorized and empowered to make sale and dispose of the said lots of land and premises, with the appurtenances, in such lots as the said Trustees may determine, at public auction, giving one calendar month's notice in two or more Newspapers published in the City of Saint John, of the day, hour, and place of such sale, for such price or prices as they may be abJe to get therefor, and thereupon to make and execute good, legal, and sufficient conveyances of the same in fee simple, by and under their corporate seal; and the purchaser or purchasers thereof shall hold the same for such sstate, and in such manner as shall be expressed in such conveyances, free and discharged from the trusts under which the same are now held by the said Trustees of Saint Stephen's Church, in the City of Saint John, as incident to their said office, and to the use of the said building as a place of public worship, and the purchaser or purchasers under such conveyances shall not be bound to see to the application of the purchase money therefor. 2. The money arising from the sale and disposal of the said lots of land and premises, with the appurtenances, shall be paid and applied by the said Trustees of Saint Stephen's Church, in the City of Saint John, in the first place towards the pay- ment and satisfaction of the principal and. interest of a certain 25 386 CHURCHES. [10Vc70 mortgage of the said premises made by the Honorable John Robertson, for securing the payment to the Honorable Hugh Johnston of the sum of six hundred pounds, with interest, and in the next place towards the payment and satisfaction of the other debts of the said Trustees of Saint Stephen's Church, in the City of Saint John, and the residue shall be deposited by the said Trustees in some one of the Banks in the City of Saint John, on interest, to be applied in manner hereinafter mentioned. 3. So soon as the said lots of land, with the Church and other buildings thereon situate are disposed of, it shall and may be lawful for the Lieutenant Governor or Administrator of the Government for the time being, by and with the advice of the Executive Council, on the application of the said Trustees, to appoint five Commissioners from among the proprietors of pews in the said Church at the time of such sale, and from time to time in case of death, removal from the City of Saint John, or refusal to act, to appoint another or others in the room and place of the Commissioner or Commissioners so dying, removing, or refusing to act, for the purpose of selecting and purchasing a site for a new Church, to be built by them from the surplus funds arising from the sale of the said lots of land and buildings hereinbefore described, which funds shall be deposited in a Bank as aforesaid, and be drawn by them as required for the purpose ; and the said Church, when com- pleted, shall be in connexion with the Church of Scotland as by law established ; and the said Commissioners shall be and are hereby authorized to set apart pews in the said Church to the several persons who shall be proprietors of pews in the said Saint Stephen's Church at the time of its sale, and who shall have paid up all arrears of rents and purchase money of such pews before the time of sale, to correspond as near as may be with the position and extent of such pews respectively, as in the judgment of the said Commissioners may be just and equitable, such pews to be held on the same terms and condi- tions as the pews formerly held by them respectively in the said Saint Stephen's Church ; and it shall be the duty of the said Commissioners, or the major part of them, and they are hereby required to proceed with all reasonable diligence in the execu- tion of the duties devolved upon them by their appointment under this Act. 12 V c 24] CHURCHES/ 387 4. In case any pewholder or pewholders in the said Saint Stephen's Church shall object to the sale of the said lots of land and buildings, such objection being made iYi writing at the time of sale, it shall and may be lawful for the Trustees for the time being to pay to such pewholder or p(fwholders such sum of money as he or they shall make it satisfactorily appear that he or they paid for the pew or pews of which he or they may be proprietors, after deducting any arrears of rent or purchase money due on such pew or pews to the said Trustees, and upon such payment the said pewholder or pewholders so ob- jecting as aforesaid, shall cease to have any interest therein. 5. So soon as the said building is erected and completed, and pews set apart in manner aforesaid, the said Church shall be and is hereby construed to be a Church erected in connexion with the Established Church of Scotland, with all the powers, rights, and privileges, and subject to all the provisions of the ninth Section of an Act made and passed in the second year of the Reign of His Majesty King William the Fourth, intituled An Act to repeal all the laws now in force relating to Saint Andrew'' s Church, in the City of Saint John, and for incorpo- rating certain persons pewholders of the said Church and of the several Churches erected or to he erected in this Province in connexion with the Church of Scotland, and all the other pro- visions of the said Act. 6. The said Trustees of Saint Stephen's Church, in the City of Saint John, shall be at liberty in making sale of the said Church and lots of land, to reserve so much of the interior fittings of the said Church as they may deem serviceable for the purpose of finishing the said Church so to be erected ; and the interior fittings so reserved shall be applied for such pur- pose or sold at the discretion of the said Commissioners. 12th Victoria — Chapter 24. An Act to authorize the Trustees of Saint Luke's Church, in Bathurst, to dispose of certain Lands. Section. Section. 1. Trustees authorized to sell land. 3. Private rights reserved. 3. Proceeds, how applied. Passed 21th March 1849. Whereas a certain lot of Land and premises, situate in the 388 CHURCHES. [13 V c 8 Parish of Bathurst, in the County of Gloucester, was purchased by the Trustees of Saint Luke's Church, Bathurst, in con- nexion with the Church of Scotland, from one Bartholomew Ahern, by deed bearing date the thirteenth day of June in the year of our Lord one thousand eight hundred and forty five, as a Manse and Glebe for the use, benefit, and behoof of Saint Luke's Church aforesaid, described as follows, that is to say, — All that i certain piece of land and premises situated in the Parish of Bathurst, County of Gloucester, being that part of the southern half of lot number twenty eight that lies between the Tettagouche River and the road leading from the Town of Bathurst to Somerset Vale, containing twelve acres, more or less, together with the houses and all other improve- ments; — Be it therefore enacted, Sfc. — 1. The said Trustees be and they are hereby authorized and empowered to make sale and dispose of the said lot of land and premises, with the appur- tenances, to the highest bidder at public auction, thirty days notice of the time and place of such sale being given in three or more public places in writing, by posting up the same within the said Parish, and thereupon to make and execute a good, legal, and sufficient conveyance of the same in fee simple, any former law to the contrary notwithstanding. 2. The money arising from the sale and disposal of the said premises shall be paid and applied by the said Trustees towards the purchase of other lands, for the use of the said Church. 3. Nothing herein contained shall extend or be construed to extend to affect private rights. 13th Victoria — Chapter 8. An Act to amend the Act relating to the sale of certain Lands by the Trustees of Saint Stephen's Church, in the City of Saint John. Section. Section. 1. Commissioners for sale, kc. of land, how S. Power as to granted lands, appointed. Passed 26th April 1850. Be it enacted, ^c. — 1. The five Commissioners authorized to be appointed under and by virtue of an Act made and passed in the tenth year of the Reign of Her present Majesty, intituled 13 V c 18] CHURCHES. 389 An Act to authorize the Trustees of Saint Stephen's Church, in the City of Saint John, to sell and dispose of certain lands in the said City, and to reinvest the proceeds thereof, shall be appointed from among the proprietors of pews in the said Church at the time of the sale thereof, or their assignees, and shall be members of a Church in said City in connexion with the Established Church of Scotland, residing or having their places of business in the said City. 2. The Commissioners appointed under the preceding Sec- tion of this Act shall have full power and authority to manage certain lands granted to the Trustees of said Saint Stephen's Church, in terms of the grant thereof, in as full and ample a manner as the said Trustees of Saint Stephen's Church could or might have done. 13th Victoria — Chapter 18. An Act to authorize the Trustees of the Church of Scotland in the Town of Saint Andrews, to sell certain Lands, and vest the proceeds in other lands. Section. Section. 1. Trustees authorized to sell land, &c. 3. Validity of deed. 2. Proceeds, how invested. Passed 26lh Jpril 1850. Whereas under the authority of the Act of Assembly made and passed in the second year of the Reign of His late Majesty King William the Fourth, intituled An Act to repeal all the laws now in force relating to Saint Andrews Church, in the City of Saint John, and for incorporating certain persons pewholders of the said Church and of the several Churches erected or to be erected in this Province in connexion vnth the Church of Scotland, the Trustees of Greenock Church, in the Parish of Saint Andrews, in the County of Charlotte, in con- nexion with the Established Church of Scotland, became incor- porated, and assumed the name of "The Trustees of the Church of Scotland in the Town of Saint Andrews :" And whereas previous to the passing of the said Act of Assembly they the said Trustees had, under the style of " The Trustees of Greenock Church, in the Parish of Saint Andrews, in connexion with the Established Church of Scotland," applied for a grant of the land hereinafier described, and their application was 390 CHURCHES. [13 V c 18 complied with, and a grant under the Great Seal was duly issued in the name of" The Trustees of Greenock Church, in the Parish of Saint Andrews, in connexion with the Established Church of Scotland," notwithstanding the assumption in the interim by the said Trustees of their present corporate name : And whereas the said Trustees of the Church of Scotland in the Town of Saint Andrews, are desirous of selling the lands granted as aforesaid, and to invest the proceeds in other lands ; — Be it enacted, &fc. — 1. The said Trustees of the Church of Scotland in the Town of Saint Andrews, be and they are hereby authorized to sell and dispose of at public auction or private sale, the two tracts of land granted to the Trustees of Greenock Church, in the Parish of Saint Andrews, in connexion with the Established Church of Scotland, situate in the Parish of Saint James, in the said County of Charlotte, and bounded as follows, to-wit : — The first tract beginning on the eastern bank or shore of Canoose River, and distant on a course by the magnet south thirty five degrees west, nineteen chains of four poles each, from the Dam erected on the said river at the head of Scot's Rapids ; thence east forty four chains and seventy five links, to a marked spruce ; thence north sixty three chains and seventy five links to the southeastern bank or shore of Canoose River aforesaid ; and thence following the various courses of the same westerly and southerly down stream to the place of beginning ; containing two hundred and fifty acres more or less, distinguished as lot A, and being for the use of the Minister of the said Church: The second tract beginning on the northwestern bank or shore of Canoose River aforesaid, at its intersection with the northerly prolonga- tion of the easterly boundary line as described in the first tract ; thence north six chains to a black ash stake ; thence west seventy chains and seventy five links to a marked beech ; thence south sixty six chains to the northwestern bank or shore of Canoose River aforesaid ; and thence following the various courses of the same easterly, northerly, and easterly, up stream to the place of beginning ; containing two hundred and fifty acres more or less, distinguished as lot B, and being for the use of the said Church. 2. The said Trustees of the Church of Scotland in the Town 14 V C 9] CHCRCHES, 391 of Saint Andrews, shall invest the proceeds^ of the first herein- before described tract of land in other lands for the use of the Minister of the said Church, of which they are Trustees, being Greenock Church aforesaid; and the said Trustees of the Church of Scotland in the Town of Saint Andrews, shall invest the proceeds of the secondly hereinbefore described tract of land in other lands for the use of the said Church of which they are Trustees, being Greenock Church as aforesaid. 3. A deed duly executed under the corporate seal of the said Trustees of the Church of Scotland in the Town of Saint Andrews, shall be sufficient to pass all the right, title, and interest conveyed to them under the name of "The Trustees of Greenock Church, in the Parish of Saint Andrews, in the County of Charlotte, in connexion with the Established Church of Scotland," in the said two tracts of land, and the same shall be good, valid, and effectual for the purpose aforesaid; saving always the right of Her Majesty, and all persons claiming an interest in the said lands. 14th Victoria — Chapter 9. An Act to amend an Act relating to Churches erected or to be erected in this Province in connexion with the Established Church of Scotland. Section. Secdon. 1. Section of what Act repealed. 4. Majority of Trustees, when a quorum. 2. Trustees, how and by whom elected. 5. Chairman, how elected, &c. 3. Where no proprietory of, pews, who may 6. Intermediate vacancies, how filled up. elect. Passed 30lh April 1851. Be it enacted, SfC. — 1. The fourth Section of an Act made and passed in the second year of the Reign of His late Majesty King William the Fourth, intituled An Act to repeal all the laws now in force relating to Saint Andrews Church, in the City of Saint John, and for incorporating certain persons pewholders of the said Church and of the several Churches, erected or to he erected in this Province in connexion with the Church of Scotland, he and the same is hereby repealed. 2. The owners or proprietors of pews, and all male commu- nicants of the full age of twenty one years, in the several Churches erected or to be erected in this Province in con- nexion with the Established Church of Scotland, shall on the 392 CHURCHES. ' [14 V c 9 first Wednesday in,June, or within ten days thereafter, yearly and every year, assemble and meet together at their respective Churches, and then and there by a plurality of voices of the said pewholders and male communicants aforesaid then present, between the hours of twelve and three o'clock in the afternoon, elect and choose any number not exceeding twelve persons nor less than five, being owners or proprietors of pews as aforesaid, to be Trustees for the purposes of the said Act to which this is an amendment, who shall thereupon enter into the execution of their otBce as such, and continue in the same one year and until other fit persons shall be chosen in iheir stead ; provided always, that the ownership or proprietorship of a pew shall not entitle more than one person to vote at any such election. 3. And whereas there are now some Churches in connexion with the Established Church of Scotland in this Province that have no proprietory of pews ; — In all such cases, and in all others that may hereafter arise, it shall and may be lawful for all male communicants and regular sitters in any such Church or Churches to assemble at the time and in the manner afore- said, and elect from among themselves Trustees as hereinbefore provided, who shall, when so elected, exercise and enjoy all the privileges and be subject to the provisions of this or any other Act of the Legislature of this Province made or to be made relating to the Churches aforesaid. 4. In all meetings of Trustees after the passing of this Act, on due notice being given or left at the usual place of business or residence of each Trustee, a majority of the members elected on the day of the annual election shall constitute a quorum for the transaction of business. 5. The Trustees of any Church elected as aforesaid, or the major part of them, after due notice being given, or left at the usual place of abode, of their election, by the Secretary of the meeting, and of the place and time of the first meeting of the Trustees so elected, shall elect from among themselves a Chairman, who shall preside over the deliberations of all meetings of Trustees ; provided always, that in case of absence of such Chairman, it shall be lawful for the Trustees then present to elect a Chairman for the time being to preside over the meeting. 16 V c 48] CHURCHES. 393 6. In case of refusal to act as a Trustee, or in case of the death or absence from the Province for four months of any Trustee or Trustees so elected as aforesaid, it shall be lawful for the remaining Trustees, or the major part of them, at any meeting regularly convened, to appoint from among those duly qualified under this Act, another or other Trustees, in the room and place of any Trustee or Trustees who may have so refused to act, died, or been absent from the Province for four months, and this so often as the same shall happen ; and any Trustee or Trustees so appointed shall continue in office until the next election, or until another or others is or are chosen in his or their stead. 16th Victoria — Chapter 48. An Act to amend an Act intituled An Act to authorize the Trustees of Saint Stephen's Church, in the City of Saint John, to sell and dispose of certain lands in the said City, and to reinvest the proceeds thereof. Section. Section, 1. Commissioners, when to pay over pro- 3. Authority to lease. ceeds of sales. 4. Vacancies, how filled. 2. Outstanding estate vested in GommiB- 5. Authority to lend money. sioners. Passed 3rd May 1853. Whereas by an Act of the General Assembly of the Pro- vince of New Brunswick made and passed in the tenth year of the Reign of Her present Majesty, intituled An Act to authorize the Trustees of Saint Stephen's Church, in the City of Saint John, to sell and dispose of certain lands in the said City, and to reinvest the proceeds thereof, it was amongst other things enacted that in case any pewholder or pewholders in the said Saint Stephen's Church shall object to the sale of the said lots of land and buildings, such objection being made in writing at the time of sale, it shall and may be lawful for the Trustees for the time being, to pay to such pewholder or pewholders such sum of money as he or they shall make it satisfactorily appear that he or they paid for the pew or pews of which he or they may be proprietors, after deducting any arrears of rent or purchase money due on sucli pew or pews to the said Trustees, and upon such payment, the said pewholder or pew- holders so objecting as aforesaid shall cease to have any interest 394 CHURCHES, [16 V c 48 therein : And whereas the land, buildings, and premises men- tioned in the said Act, with the appurtenances, have been sold, and the proceeds thereof, after payment of the debts due by the said Church, have been placed in the hands of Commis- sioners appointed by His Excellency the Lieutenant Governor, pursuant to the terms of the said Act, but such proceeds have not as yet been applied towards the purchase or erection of any other land or buildings, and it has been deemed advisable to allow parties having an interest in the said proceeds, to realize the value of their interest upon fair and equitable terms ; — Be it therefore enacted, &fc. — 1. It shall and may be lawful for the Commissioners for the time being, appointed or to be appointed by His Excellency the Lieutenant Governor under the authority of the said Act, upon application being made to them, in writing, by any person or persons having been a pro- prietor or proprietors of a pew or pews in the said Church at the time of the sale of the said Church, or his or their personal representative, setting forth the price paid hj such proprietor or proprietors for their pews respectively, and the time of payment thereof, also whether there was at the time of such sale, any, and if any, what amount of rent due upon such pews to the Trustees of the said Church, and requiring payment for the value of the said pew or pews, to pay to such person or persons, or his or their personal representative, the price so paid for such pew or pews, deducting all arrears of rent due thereon up to the time of such sale, or such other sum or sums as the said Commissioners, or the major part of them, shall consider to have been the true value of such pew or pews at the time of such sale ; and upon payment thereof, such pro- prietor or proprietors, and his or their legal representatives and assigns, shall cease to have any estate or interest in the said fund so realized from the sale of the said Church as aforesaid. 2. All and singular the real and personal estate belong- ing to the Trustees of Saint Stephen's Church, in the City of Saint John, at the time of the sale of the said Church, and not sold and disposed of under the said Act, shall be and is hereby vested in the Commissioners appointed by His Excel- lency the Lieutenant Governor under the authority of the said 16 V c 48] CHURCHES, 395 Act, and such other person and persons as may from time to time hereafter be appointed in their or either of their stead, to hold the same during the term of their respective tenure of the said office, and to receive and take the rents, issues, and profits thereof, in trust for the purchase, erection, and support of " some suitable place for public worship in connexion with the Established Church of Scotland," as provided in the said Act. 3. The said Commissioners for the time being are hereby empowered to grant leases of the said lands, or any parts thereof, not to exceed the term of twenty one years, with covenants for renewal, or payment for improvements, or such other covenants as are usual and customary; and upon the erection or purchase of some suitable place for public worship in connexion with the Established Church of Scotland, under and by virtue of the said recited Act, and the appointment and election of Trustees therefor, the said real and personal estate shall thereupon ipso facto be and become vested in such Trustees, their successors and assigns, for ever. 4. It shall and may be lawful for His Excellency the Lieu- tenant Governor or Administrator of the Government for the time being, by and with the advice of the Executive Council, from time to time, in case of death, refusal to act, or removal from the County of Saint John of any of the Commissioners so appointed, to appoint any other person or persons to be Com- missioners in the place and stead of the parties so dying, removing, or refusing to act, and so from time to time as occasion shall require ; and such Commissioners shall there- upon be vested with such estate, power, and authority as were vested in the Commissioners so dying, removing, or refusing to act ; provided always, that such Commissioners so appointed shall be resident in the County of Saint John, and shall be members of the Presbyterian Church in connexion with the Established Church of Scotland. 5. The said Commissioners from time to time are hereby authorized and empowered to lend the moneys now in their hands, or hereafter coming into their hands, upon mortgage, or upon Government or other good securities, upon interest. 396 CHURCHES. [9 V c 72 9th Victoria — Chapter 72. An Act to incorporate the Roman Catholic Bishop in New Brunswick. Section. Bection. 1. Roman Catholic Bishop incorporated. 5, By whom corporate powers to be ex- 2. Lands held in trust for Church, how con- ercised. veyed. 6. Rights of Her Majesty and others re- 3. Leases, what consent obtained for. served 4. Act not to confer spiritual jurisdiction. 7. Suspension clause. Passed \\ih April 1846. Whereas it is deemed just and expedient to incorporate the Right Reverend William DoUard, Roman Catholic Bishop in the Province of New Brunswick, for the purpose of enabling him and his successors to hold and acquire real estate in this Province for religious purposes ; — Be it therefore enacted, Sfc. — 1. From and after the passing of this Act, the Right Reverend William Dollard, and his suc- cessor and successors, being the Roman Catholic Bishop in the Province of New Brunswick, in communion with the Church of Rome, and being British born subjects, or duly naturalized, shall be and he is hereby declared to be a body corporate in his Diocese aforesaid, in deed and in name; and the said William Dollard, and his successor and successors for the time being, by the name of " The Roman Catholic Episcopal Cor- poration for the Diocese of New Brunswick," shall by the same name have perpetual succession, anil a common seal, and shall have power from time to time (by and with the advice of his coadjutor and senior Vicar General, or of two Clergymen for the time being, as hereinafter mentioned,) to alter and renew or change such common seal at pleasure; and shall by the natne as aforesaid from time to time and at all times hereafter be able and capable in law to have, hold, purchase, acquire, possess, and enjoy for the general use and uses, eleemosynary, ecclesiastical, or educational of the said Church of Rome in his Diocese, or of the religious community, or of any portion of the same community within his Diocese, any lands, tene- ments, or hereditaments within the Province of New Bruns- wick ; and the same real estate, or any part thereof, for the purposes aforesaid from time to time, by and with the advice and consent hereinafter mentioned, to let or demise by inden- ture under the seal of the said Corporation, for any period not 9Vc72] CHURCHES. ■ 397 exceeding twenty one years from the day of the making thereof, provided that upon any such lease the rent shall be reserved and payable to the said Corporation yearly and every year during the continuance of the said lease ; and no such lease shall be made without impeachment of waste ; and no fine or sum in gross shall under any pretence whatsoever be taken for the same, beyond such yearly rent so reserved as aforesaid, otherwise the said lease shall be utterly null and void to all intents and purposes whatsoever ; and by the same name res- pectively the said Roman Catholic Bishop and his successor and successors, shall and may be able and capable in law to sue and be sued, implead and be impleaded, answer and be answered in all Courts of law and equity and places whatso- ever, in as large, ample, and beneficial a manner as any other body corporate, or as any other person may or can in law or equity sue or be sued, implead or be impleaded, answer or be answered unto, in any manner vrhatsoever ; provided always, that the lands and premises so to be holden by the said Corpo- ration shall not at any time exceed the annual value of five hundred pounds in any one Parish in this Province ; and further provided, that the rents and profits arising from any such lands and premises shall be applied for the uses and purposes of the Church or Churches within the Parish where such lands are situate, and not elsewhere. 2. It shall be lawful for any person or persons within the said Diocese of the said Roman Catholic Bishop, in whom or in whose name or names any lands, tenements, and heredita- ments situate, lying, and being within the Province of New Brunswick, are now or shall or may be hereafter vested in trust or otherwise, for the benefit of the said Roman Catholic Church in the said Diocese, from time to time to convey, assign, or transfer by deed under his hand and seal, or their hands and seals, in the usual legal way, all or any of the said lands, tenements, and hereditaments unto the Roman Catholic Bishop for the time being of the said Diocese, by his corporate name aforesaid, to be holden by the said Bishop and his suc- cessor and successors, in his said corporate name aforesaid, for the purposes aforesaid, as provided by this Act. 3. It shall not be lawful for the said Bishop, or for his suc- cessor or successors for the time being, to make lor execute 398 CHURCHES. [9 V c 72 any indenture of lease as aforesaid, of the lands, tenements, and hereditaments acquired or held, or to be hereafter acquired by him under and by virtue of this Act, without the consent in writing of his coadjutor and senior Vicar General* or in case the said coadjutor or Vicar General, or either of them, shall be incapacitated by sickness, infirmity, or any other cause, or shall happen to be necessarily absent at the time, then of two Clergymen to be selected or named by the Roman Catholic Bishop of the Diocese, such selection or nomination, and such consent to appear upon the face of the indenture or lease intended to be executed by the parties, and to be testified by the said Bishop and coadjutor and senior Vicar General, or such two Clergymen as aforesaid, being made parties to and signing and sealing the said indenture of lease in the presence of two credible witnesses, as consenting parties thereto res- pectively. 4. Nothing in this Act contained shall extend or be con- strued to extend in any manner to confer any spiritual or eccle- siastical rights whatsoever upon the said Roman Catholic Bishop hereinbefore mentioned, or upon his successor or suc- sessors, or other ecclesiastical person of the said Church, in communion with the Church of Rome aforesaid. 5. In case the said Roman Catholic Bishop or his successor or successors, shall from sickness, infirmity, or any other cause, become incapable of or be incapacitated from performing his or their duties in his Diocese, then his coadjutor or the person administering the Diocese, shall have the same powers as are by this Act conferred upon the Roman Catholic Bishop of the said Diocese. 6. Nothing herein contained shall affect or be construed to affect in any manner or way the rights of Her Majesty, Her Heirs or Successors, or of any person or persons whomsoever, or of any body politic or corporate, or of any Church Wardens, or auditors of accounts, in any Roman Catholic Church in this Province, or in any way to abridge, diminish, or take away any of the rights, privileges, and advantages now enjoyed and possessed by any pewholder, or any person having any right, title, or interest in any pew or sitting in any Roman Catholic Church or Chapel in this Province, such only excepted as are hereinbefore mentioned and provided for. 16 V c 6] CHURCHES. 399 7. This Act shall not come in force or be in operation until Her Majesty's Royal approbation be thereunto had and de- clared. [ This ^ct was specially confirmed, ralifled, and fincilly enacled by an Order of Her Majesty in Council, dated the 6th day of July 1846, and published and declared in this Province the \2th day of August 1846.] 16th Victoria — Chapter 6. An Act to authorize the Roman Catholic Episcopal Corporation for the Diocese of New Brunswick to sell, dispose of, and mortgage Lands in the Cifty and County of Saint John, and to reinvest the proceeds thereof. Section, Section, 1. Corporation may sell, &c. lands. 2. Authority to mortgage. Passed lith April 1853, Whereas the Roman Catholic Episcopal Corporation for the Province of New Brunswick is seized and possessed of a certain lot and parcel of land and premises situate, lying, and being in King's Ward, in the City of Saint John, described as follows in the conveyance to the said Corporation, that is to say, — All that lot, piece, or parcel of land situate, lying, and being in King's Ward, in said City, on the eastern line of a road or street sixty feet in width, laid out by the Honorable Ward Chipman for a public road or street in continuance of Coburg Street at the northern end thereof, and passing along the western line of lands there belonging to Charles Jeffery Peters, Esquire, and to the heirs of the late Doctor Adino Paddock ; the said lot hereby conveyed beginning at a stake set up on the eastern line of the saijl road or street, distant one hundred and sixty feet from the northwestern corner of the lot owned by the heirs of the said Adino Paddock ; thence running northerly on the line of the said road or street, one hundred and fifty feet to a stake ; thence easterly on a line parallel with the said side line of the said lot belonging to the heirs of Adino Paddock, two hundred and eighty feet to a stake ; thence southerly on a line parallel with the line of the said road or street, one hundred and fifty feet to a stake ; thence westerly on a line again parallel with the side line of the said lot of the heirs of the said Adino Paddock, two hundred and eighty five feet, to the place of beginning : And whereas it is deemed 400 CHURCHES. [16 V c 6 desirable to grant unto the said Corporation full power and control to sell, dispose of, and convey, whether by mortgage or by absolute sale, all and singular the said lands and premises, and to reinvest the proceeds thereof in the purchase of other land, and in the erection of a Cathedral Church for the use of the Roman Catholic congregation of the City of Saint John ; — Be it therefore enacted, Ifc. — 1. The said Roman Catholic Episcopal Corporation for the Diocese of New Brunswick, and successors, be and they are hereby authorized and empowered to sell, dispose of, mortgage, and convey the said land and premises, with the apurtenances, either absolutely or con- ditionally, in one lot or in separate parcels, in such manner, and under and subject to such conditions, covenants, and agreements, as by the said Corporation and successors may be deemed necessary and proper, and thereupon to make good, legal, and sufficient conveyances of the same, by and under the seal of the said Corporation ; and the respective purchasers and mortgagees thereof shall not be bound to see to the application of the purchase moneys therefor. 2. And whereas it appears it would tend much to the benefit of the Roman Catholic inhabitants of the City and County of Saint John, if the said Corporation were authorized and empowered from time to time, by and with the advice of the Vicar General or senior Clergyman of the Diocese for the. time being, to mortgage to the extent of one third part of, their estimated value, any lands hereafter to be purchased or other- wise acquired by the said Corporation in the said City and County, and to apply the proceeds thereof for th.e general use and uses, eleemosynary, ecclesiastical, or educational, as occasion may require, of the Church of Rome in the said City and County ; — It therefore shall and may be lawful for the said Roman Catholic Episcopal Corporation for the Diocese of New Brunswick, and successors, from time to time, as cir- cumstances may require, to raise moneys on mortgage of any lands and premises hereafter to be purchased or otherwise acquired by the said Corporation within the City and County of Saint John, to an extent not exceeding in the whole one third part of the estimated value of such lands and premises, and thereupon, for the purposes aforesaid, to execute good and legal conveyances of the same, under the seal of the said Itn. Act, 10 G 4 c 7]i churches. 401 Corporation, by and with the approbation of the Vicar General or senior Clergyman of the Diocese for the time being, to be signified by either of them being made a party to such con- veyance, and executing and acknowledg>ing the same. Imperial Act, 10 George 4, Chapter 7, Referred to in the Revised Statutes, Chapter 108, page 275. An Act for the relief of His Majesty's Roman Catholic Subjects. Section. Section. 1. Acts repealed. S2. Military, 8ec., oaths by. S. Boraan' 6atliolicB, when may sit. in Par- 23. Other oaths not necessary. liament. 24. Titles to Sees, when not to assume. 3. Name of Sovereign, haw used. 25. Officers, when not to attend what places 4. When incapable of sitting, &c. of worship, 5. When may vote, &c,. 26. Ecclesiastic officiating,, where. Penalty. 6. Oath. 87. What Statute not to be repealed. 7. Who to admitiistel same. 28. Jesuits,, suppression of. 8. What part of Act repealed, and how. 29. Cojning into Realm, to be banished. may sit, &c. for Scotland. 30. If natural born, they may come and be 9. Priest not to sit in Gommoils. registered. 10. What offices may hold. 31. Licences for others to come, &c., by' 11. Oath of office. whom. 12. What offices may not hold. 32. Licences to be returned, where. 13. What not repealed. 33. Admission tu Jesuits' Order, punish- 14. Of what Corporations may be members. ment of. 15. yrhen not to vote as such. 34. After adniission, to, be banished, 16. What offices not to hold in Church, &c. 35. By whom banished. 17. Benefice held, by, who to present. 36. When may be transported, &e. 18., In Established Church, what not to 37. Females excepted. advise. 38. Recovery of penalties. ■ 19. Corporate oaths. 39. Act, when may be altered. S.O. Oaths for other offices. 40. When to commence. 21. Penalty for not taking oath. Schedule. Passed 13(A April 1829. Whereas by various Acts of Parliament certain restraints and disabilities are imposed on the Roman Catholic subjects of His Majesty, to which other subjects of His Majesty are not liable: And whereas it is expedient that such restraints and disabilities shall be from henceforth discontinued : And whereas by various Acts certain oaths and certain declarations, com- monly called the declaration against transubstantiation and the declaration against transubstantiation and the invocation of Saints, and the sacrifice of the Mass as practised in the Church of Rome, are or may be required to be taken, made, and S'Ubscribed by the subjects of His Majesty as qualifications for sitting and voting in Parliament, and for the enjoyment of certain offices, franchises, and civil rights ; — 26 402 CHURCHES. [Im. Act, 10 G 4 c 7 1. Be it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same. That from and after the commencement of this Act all such parts of the said Act as require the said declaration, or either of them, to be made or subscribed by any of His Majesty's subjects, as a qualification for sitting and voting in Parliament, or for the exercise or enjoyment of any office, franchise, or civil right, be and the same are (save as hereinafter provided and excepted) hereby rejjealed. 2. And be it enacted. That from and after the commence- ment of this Act, it shall be lawful for any person professing the Roman Catholic Religion, being a Peer, or who shall after the commencement of this Act be returned as a Member of the House of Commons, to sit and vote in either House of Parliament respectively, being in all other respects duly qualified to sit and vote therein, upon taking and subscribing the following oath, instead of the oaths of allegiance, supremacy, and abjuration : — " I, A. B. do sincerely promise and swear, that I will be faithful, and bear true allegiance to His Majesty King George the Fourth, and will defend him to the utmost of my power against all conspiracies and attempts whatever which sliall be made against his Person, Crown, or Dignity ; and I will do my utmost endeavour to disclose and make known to His Majesty, His Heirs and Successors, all treasons and traitorous conspiracies which maybe formed against him or them; and I do faithfnlly promise to maintain, support, and defend, to the utmost of my power, the succession of the Crown, which succession by an Act intituled An Act for the further Limitation of the Crown, and better securing the Rights and Liberties of the Subject, is and stands limited to the Princess Sophia, Electressof Hanover, and the heirs of her body being Protestants, hereby utterly renouncing and abjuring any obedience or allegiance unto any other person claiming or pretending a right to the Crown of this Realm ; and I do further declare, that it is not an article of my Faith, and that I do renounce, reject, and abjure the opinion, that Princes excommunicated or deprived by the Pope, or any other authority of the See of Rome, may be deposed or murdered by Ira. Act, 10 G 4 c 7] churches. 403 their subjects or by any person whatsoever; and I do declare, that I do not believe that the Pope of Rome or any other Foreign Prince, Prelate, Person, State, or Potentate, hath or ought to have any temporal or civil jurisdiction, power, supe- riority, or pre-eminence, directly or indirectly, within this Realm. I do swear, that I will defend to the utmost of my power, the settlement of property within this Realm as established by the Laws ; and I do hereby disclaim, disavow, and solemnly abjure any intention to subvert the present Church Establishment as settled by Law within this Realm ; and 1 do solemnly swear, that I never will exercise any privilege to which I am or may become entitled to disturb or weaken the Protestant Religion or Protestant Government in the United Kingdom ; and I do solemnly, in the presence of God, profess, testify, and declare, that I do make this declaration, and every part thereof, in the plain and ordinary sense of the words of this oath, without any evasion, equivocation, or mental reservation whatsoever. — So help me God." 3. And be it further enacted. That wherever in the oath hereby appointed and set forth, the name of His present Majesty is expressed or referred to, the name of the Sovereign of this Kingdom for the time being, by virtue of the Act for the further limitation of the Crown and better securing the rights and liberties of the subject, shall be substituted from time to time with proper words of reference thereto. 4. Provided always, and be it further enacted, That no Peer professing the Roman Catholic Religion, and no person pro- fessing the Roman Catholic Religion who shall be returned a Member of the House of Commons after the commencement of this Act, shall be capable of sitting or voting in either House of Parliament respectively, unless he shall first take and subscribe the oath hereinbefore appointed and set forth before the same persons, at the same times and places, and in the same manner as the oaths and the declaration now required by law are respec- tively directed to be taken, made, and subscribed ; and that any such person professing the Roman Catholic Religion, who shall sit or vote in either House of Parliament without having first taken and subscribed in the manner aforesaid, the oath in this Act appointed and set forth, shall be subject to the same penalties, forfeitures, and disabilities, and the offence of so 404 CHURCHES. [Ira. Act, 10 G 4 c 7 sitting or voting shall be followed and attended by and with the same consequences as are by law enacted and provided in the case of persons sitting or voting in either House of Par- liament respectively, without the taking, making, and sub' scribing the oaths and the declaration now required by law. 5. And be it further enacted, That it shall be lawful for persons professing the Roman Catholic Religion to vote at elections of Members to serve in Parliament for England and for Ireland, and also to vote at the elections of Representative Peers of Scotland and of Ireland, and to be elected such Representative Peers, being in all other respects duly qualified, upon taking and subscribing the oath hereinbefore appointed and set forth, instead of the oaths of allegiance, supremacy, and abjuration, and instead of the declaration now by law required, and instead also of such other oath or oaths as are now by law required to be taken by any of His Majesty's sub- jects professing the Roman Catholic Religion, and upon taking also such other oath or oaths as may now be lawfully tendered to any person offering to vote at such elections. 6. And be it further enacted, That the oath hereinbefore appointed and set forth shall be administered to His Majesty's subjects professing the Roman Catholic Religion, for the purpose of enabling them to vote in any of the cases aforesaid, in the same manner, at the same time, and by the same officers or other persons as the oaths for which it is hereby substituted are or may be now by law administered ; and that in all cases in which a certificate of the taking, making, or subscribing of any of the oaths or of the declaration now required by law is directed to be given, a like certificate] of the taking or sub- scribing of the oath hereby appointed and set forth shall be given by the same olRcer or other person, and in the same manner as the certificate now required by law is directed to be given, and shall be of the like force and eifect. 7. And be it further enacted, That in all cases where the persons now authorized by law to administer the oaths of allegiance, supremacy, and abjuration to persons voting at elections, are themselves required to take an oath previous to their administering such oaths, they shall, in addition to the oath now by them taken, take an oath for the duly administer- ing the oath hereby appointed and set forth, and for the duly granting certificates of the same. Im. Act, lOG 4cT] churches. 405 8. And whereas in an Act of the Parliament of Scotland made in the eighth and ninth Session of the first Parliament of King William the Third, intituled An Act for the preventing the growth of Popery, a certain declaration or formula is therein contained, which it is expedient should no longer be required to be taken and subscribed ; — Be it therefore enacted, That such parts of any Acts as authorize the said declaration or formula to be tendered or require the same to be taken, sworn, and subscribed, shall be and the same are hereby repealed, except as to such offices, places, and rights as are hereinafter excepted ; and that from and after the commence- ment of this Act it shall be lawful for persons professing the Roman Catholic Religion to elect and be elected Members to serve in Parliament for Scotland, and to bo enrolled as free- holders in any Shire or Stewartry of Scotland, and to be chosen Commissioners or Delegates for choosing Burgesses to serve in Parliament for any Districts or Burghs in Scotland, being in all other respects duly qualified, such persons always taking and subscribing the oath hereinbefore appointed and set forth, instead of the oaths of allegiance and abjuration as novf required 'by law, at such time as the said last mentioned oaths, or either of them, are now required by law to be taken. 9. And be it further enacted. That no person in holy orders in the Church of Rome shall be capable of being elected to serve in Parliament as a Member of the House of Commons ; and if any such person shall be elected to serve in Parliament as aforesaid, such election shall be void ; and if any person, being elected to serve in Parliament as a Member of the House of Commons shall, after his election, take or receive holy orders in the Church of Rome, the seat of such person shall imme* diately become void ; and if any such person shall, in any of the cases aforesaid, presume to sit or vote as a Member of the House of Commons, he shall be subject to the same penalties, forfeitures, and disabilities as are enacted by an Act passed in the forty first year of the Reign of King George the Third, intituled An Act to remove doubts respecting the eligibility of persons in holy orders to sit in the House of Commons, and proof of the celebration of any religious service by such person according to the rites of the Church oif Rome, shall be deemed and taken to be prima facie evidence of the fact of such person 406 CHURCHES. [Im. Act, 10 G 4 c 7 being in holy orders, within the intent and meaning of this Act. 10. And be it enacted. That it shall be lawful for any of His Majesty's subjects professing the Roman Catholic Religion tO' hold, exercise, and enjoy all civil and military offices and places of trust or profit under His Majesty, His Heirs or Successors, and to exercise any other franchise or civil right, except as hereinafter excepted, upon taking and subscribing, at the times and in the manner hereinafter mentioned, the oath hereinbefore appointed and set forth, instead of the oaths of allegiance, supremacy, and abjuration, and instead of such other oath or oaths as are or may be now by law required to be taken for the purpose aforesaid by any of His Majesty's subjects professing the Roman Catholic Religion. 11. Provided always, and be it enacted. That nothing herein contained shall be construed to exempt any person professing the Roman Catholic Religion from the necessity of taking any oath or oaths, or making any declaration not hereinbefore mentioned, which are or may be by law required to be taken or subscribed by any person on his admission into any such office or place of trust or profit as aforesaid. 12. Provided also, and be it further enacted, That nothing herein contained shall extend or be construed to extend to enable any person or persons professing the Roman Catholic Religion to hold or exercise the office of Guardians and Justices of the United Kingdom, or of Regent of the United Kingdom, under whatever name, style, or title such office may be consti- tuted, nor to enable any person, otherwise than as he is now by law enabled, to hold or enjoy the office of Lord High Chan- cellor, Lord Keeper, or Lord Commissioner of the Great Seal of Great Britain or Ireland, or the office of Lord Lieutenant, or Lord Deputy, or other Chief Governor or Governors of Ireland, or His Majesty's High Commissioner to the General Assembly of the Church of Scotland. 13. Provided also, and be it further enacted, That nothing herein contained shall be construed to affect or alter any of the provisions of an Act passed in the seventh year of His Majesty's Reign, intituled An Act to consolidate and amend the Laws which regulate the levy and application of Church rates and Parish cesses, and the election of Church Wardens, and the maintenance of Parish Clerks in Ireland, Im. Act, 10 G 4 c 7] churches. 407 14. And be it enacted, That it shall be lawful for any of His Majesty's subjects professing the Roman Catholic Religion to be a member of any lay body corporate, and to hold any civil ofSce or place of trust or profit therein, and to do any corporate act, or vote in any corporate election or other proceeding, upon taking and subscribing the oaths hereby appointed and set forth, instead of the oath of allegiance, supremacy, and abju- ration, and upon taking also such other oath or oaths as may now by law be required to be taken by any persons becoming members of such lay body corporate, or being admitted to hold any office or place of trust or profit within the same. 15. Provided nevertheless, and be it further enacted. That nothing herein contained shall extend to authorize or empower any of His Majesty's subjects professing the Roman Catholic Religion, and being a member of any lay body corporate, to give any vote at, or in any manner to join in the election, pre- sentation, or appointment of any person to any Ecclesiastical Benefice whatsoever, or any office or place belonging to or connected with the United Church of England and Ireland, or the Church of Scotland, being in the gift, patronage, or disposal of such lay corporate body. 16. Provided also, and be it enacted. That nothing in this Act contained shall be construed to enable any persons, other- wise than as they are now by law enabled, to hold, enjoy, or exercise any office, place, or dignity of, in, or belonging to the United Church of England and Ireland, or the Church ofScot- land, or any place or office whatever of, in, or belonging to any of the Ecclesiastical Courts of Judicature of England and Ireland respectively, or any Court of Appeal from, or Review of^the sentences of such Courts, or of, in, or belonging to the Commissary Court of Edinburgh, or of, in, or belonging to any Cathedral, or Collegiate or Ecclesiastical Establishment or Foundation, or any office or place whatever of, in, or belonging to any of the Universities of this Realm, or any office or place whatever, and by whatever name the same may be called, of, in, or belonging to any of the Colleges or Halls of the said Universities, or the Colleges of Eton, Westminster, and Win- chester, or any College or School within this Realm, or to repeal, abrogate, or in any manner to interfere with any local statute, ordinance, or rule, which is or shall be established by 408 CHURCHES. [Im. Act, 10 O 4 c 7 competent authority within any University, College, Hall, or School, by which Roman Catholics shall be prevented from being admitted thereto, or from residing or taking d«gree9 therein ; provided also, that notMng herein contained shall extend or be construed to extend to enable any person other- wise than as he is now by law enabled, to exercise any right of presentation to any Ecclesiastical Benefice whatsoever, or to repeal, vary, or alter in any manner the laws now in force in respect to the right of presentation to any Ecclesiastical Benefice. 17. Provided always, and be it enacted, That where any right of presentation to any Ecclesiastical Benefice shall belong to any office in the gift or appointment of His Majesty, His Heirs or Successors, and sueh office shall be held by a person professing the Roman Catholic Religion, the right of presenta- tion shall devolve upon and be exercised by the Archbishop of Canterbury for the time being. 18. And be it enacted. That it shall not be lawful for any person professing the Roman Catholic Religion, directly or indirectly, to advise His Majesty, His Heirs or Successors, or any person or persons holding or exercising the office of Guardians of the United Kingdom, or Regent of the United Kingdom, under whatever name, style, or title such office may be constituted, or the Lord Lieutenant, or Lord Deputy, or other Chief Governor or Governors of Ireland, touching or concerning the appointment to or disposal of any office or preferment in the United Church of England and Ireland, of in the Church of Scotland ; and if any such person shall offend in the premises, he shall, being thereof convicted by due course of law, be deemed guilty of a high misdemeanor, and disabled for ever from holding any office, civil or military, under the Crown. 19. And be it enacted. That every person professing the Roman Catholic Religion who shall after the commencement of this Act be placed, elected, or chosen in or to the office of Mayor, Provost, Alderman, Recorder, Bailiff, Town Clerk, Magistrate, Councillor or 'Common Councilman, or in or to any office of magistracy or place of trust or employment, relating to the Government of any City, Corporation, Borough, Burgh, or District within the United Kingdom of Great Britain Im. Act, 10G4c 7] churches. 409 and Ireland, shall within one calendar month next before or upon his admission into any of the same respectively, lake and subscribe the oath herein before appointed and set forth, in the presence of such person or persons respectively as by the charters or usages of the said respective Cities, Corpora- tions, Burghs, Boroughs, or Districts, ought to administer the oath for due execution of the said offices or places respec- tively ; and in default of such, in the presence of two Justices of 'the Peace, Councillors or Magistrates of the said Cities, Corporations, Burghs, Boroughs, or Districts, if such there be ; or otherwise, in the presence of two Justices of the Peace of the respective Counties, Ridings, Divisions, or Franchises wherein the said Cities, Corporations, Burghs, Boroughs, or Districts are ; which said oath s^hall either be entered in a book, roll, or other record to be kept for that purjtose, or shall be filed amongst the records of the City, Corporation, Burgh, Borough, or District. 20. And be it enacted, That every person professing the Roman Catholic Religion who shall after the commencement of this Act be appointed to any office or place of trust or profit under His Majesty, His Heirs or Successors, shall within three calendar months next before such appointment, or otherwise shall, before he presumes to exercise, or enjoy, or in any manner to act n\ such office or place, take and sub* scribe the oath herein before appointed and set forth, either in His Majesty's High Court of Chancery, or in any of His Majesty's Courts of King's Bench, Common Pleas, or Exche- quer, at Westminster or Dublin ; or before any Judge of Assize, Or in any Court of General or Quarter Sessions of the Peace in iGreat Britain or Ireland, for the County or place where the person so taking and subscribing the oath shall reside; or in any of His Majesty's Courts of Session, Justiciary, Exchequer, or Jury Court, or in any Sheriff or Stewart Court, or in any Burgh Court, or before the Magistrates and Councillors of any Royal Burgh in Scotland, between the hours of nine in the morning and four in the afternoon ; and the proper officer of the Court in which such oath shall be so taken and subscribed shall cause the same to be preserved amongst the records of the Court ; and such officer shall make, sign, and deliver a certificate of such oath having been duly taken and subscribed, 410 CHURCHES. [Im. Act, 10 G 4 c 7 as often as the same shall be demanded of him, upon payment of two shillings and six pence for the same ; and such certificate shall be sufficient evidence of the person therein named having duly taken and subscribed such oath. 21. And be it enacted, That if any person professing the Roman Catholic Religion shall enter upon the exercise or enjoyment of any office or place of trust or profit under His Majesty, or of any other office or franchise, not having in the manner and at the times aforesaid taken and subscribed the oath herein before appointed and set forth, then and in every such case such person shall forfeit to His Majesty the sum of two hundred pounds; and the appointment of such person to the office, place, or franchise so by him held, shall become altogether void, and the office, place, or franchise shall be deemed and taken to be vacant to all intents and purposes whatsoever. 22. Provided, always, That for and notwithstanding any thing in this Act contained, the oath herein before appointed and set forth shall be taken by the officers in His Majesty's land and sea service, professing the Roman Catholic Religion, at the same times and in the same manner as the oaths and declarations now required by law are directed to be taken, and not otherwise. 23. And be it further enacted. That from and after the passing of this Act no oath or oaths shall be tendered to or required to be taken by His Majesty's subjects professing the Roman Catholic Religion, for enabling them to hold or enjoy any real or personal property, other than such as may by law be tendered to and required to be taken by His Majesty's other subjects ; and that the oath herein appointed and set forth, being taken and subscribed in any of the Courts, or before any of the persons above mentioned, shall be of the same force and eiFect, to all intents and purposes as, and shall stand in the place of all oaths and declarations required or prescribed by any law now in force for the relief of His Majesty's Roman Catholic subjects from any disabilities, incapacities, or penal- ties ; and the proper officers of any of the Courts above men- tioned, in which any person professing the Roman Catholic Religion shall demand to take and subscribe the oath hereia appointed and set forth, is hereby authorized and required to Im. Act, 10G4c7] churches. 411 administer the said oath to such person, and such officer shall make, sign, and deliver a certificate of such oath having been duly' taken and subscribed, as often as the same shall be demanded of him, upon payment of one shilling ; and such certificate shall be sufficient evidence of the person therein named having duly taken and subscribed such oath. 24. And virhereas the Protestant Episcopal Church of England and Ireland, and the doctrine, discipline, and govern- ment thereof, and likewise the Protestant Presbyterian Church of Scotland, and the doctrine, discipline, and government thereof, are by the respective Acts of Union of England and Scotland, and of Great Britain and Ireland, established per- manently and inviolably: And whereas the right and title of Archbishops to their respective Provinces, of Bishops to their Sees, and of Deans to their Deaneries, as well in England as in Ireland, have been settled and established by law ; — Be it therefore enacted, That if any person, after the commencement of this Act, other than the person thereunto authorized by law, shall assume or use the name, style, or title of Archbishop of any Province, Bishop of any Bishoprick, or Dean of any Deanery in England or Ireland, he shall for every such offence forfeit and pay the sum of one hundred pounds. 25. And be it further enacted. That if any person holding any Judicial or Civil Office, or any Mayor, Provost, Jurat, BaiiifiT, or other Corporate Officer, shall, after the commence- ment of this Act, resort or be present at any place or public meeting for religious worship in England or in Ireland, other than that of the United Church of England and Ireland, or in Scotland, other than that of the Church of Scotland as by law established, in the Robe, Gown, or other peculiar Habit of his office, or attend with the ensign or insignia, or any part thereof, of, or belonging to such his office, such person shall, being thereof convicted by due course of law, forfeit such office, and pay for every such offence the sum of one hundred pounds. 26. And be it further enacted. That if any Roman Catholic Ecclesiastic, or any member of any of the orders, communities, or societies herein after mentioned, shall after the commence- ment of this Act exercise any of the rites or ceremonies of the Roman Catholic Religion, or wear the habits of his order, save within the usual places of worship of the Roman Catholic 412 CHURCHES. [Im. Act, 10G4c7 Religion, or in private houses, such Ecclesiastic or other person shall, being thereof convicted by due course of lavr, forfeit for every such offence the sum of fifty pounds. 27. Provided always, and be it enacted, That nothing in this Act contained shall in any manner repeal, alter, or affect any provision of an Act made in the fifth year of His present Majesty's Reign, intituled An Act to repeal so much of an Act passed in the nin th year of King William the Third, as relates to burials in suppressed Monasteries, Abbeys, or Convents in Ireland, and to make further provision with respect to the burial in Ireland of persons dissenting from the Established Church. 28. And whereas Jesuits and members of other religious orders, communities, or societies of the Church of Rome, bound by monastic or religious vows, are resident within the United Kingdom, and it is expedient to make provision for the gradual suppression and final prohibition of the same therein ; — Be it therefore enacted. That every Jesuit, and every member of any other religious order, community, or society of the Church of Rome, bound by monastic or religious vows, who at the time of the commencement of this Act shall be within the United Kingdom, shall within six calendar months after the commencement of this Act deliver to the Clerk of Peace of the County or place where such person shall reside, or to his Deputy, a notice or statement, in the form and containing the particulars required to be set forth in the Schedule to this Act annexed ; which notice or statement such Clerk of the Peace or his Deputy shall preserve and register amongst the records of such County or place without any fee» and shall forthwith transmit a copy of such notice or statement to the Chief Secretary of the Lord Lieutenant, or other Chief Governor or Governors of Ireland, if such person shall reside in Ireland, or if in Great Britain, to one of His Majesty's Prin- cipal Secretaries of State ; and in case any person shall offend in the premises, he shall forfeit and pay to His Majesty, for every calendar month during which he shall remain in the United Kingdom without having delivered such notice or state- ment as is herein before required, the sum of fifty pounds. 29. And be it further enacted, That if any Jesuit or member of any such religious order, community, or society as aforesaid, shall after the commencement of this Act come into Im. Act, 10 G 4 c 7] churches. 413 this Realm, he shall be deemed and taken to be guilty of a misdemeanor, and being therefore lawfully convicted, shall be sentenced and ordered to be banished from the United King- dom for the term of his natural life. 30. Provided always, and be it further enacted, That in case any natural born subject of this Realm, being at the time of the commencement of this Act a Jesuit or other member of any such religious order, community, or society as aforesaid, shall at the lime of the commencement of this Act be out of the Realm, it shall be lawful for such person to return or to come into this Realm; and upon such his return or coming into the Realm he is hereby required, within the space of six calendar months after his first returning or coming into the United Kingdom, to deliver such notice or statement to the Clerk of the Peace of the County or place where he shall reside, or his Deputy, for the purpose of being so registered and trans- mitted, as herein before directed ; and in case any such person shall neglect or refuse so to do, he shall for such offence forfeit and pay to His Majesty, for every calendar month during which he shall remain in the United Kingdom without having de- livered such notice or statement, the sum of fifty pounds. 31. Provided also, and be it further enacted. That notwith- standing any thing herein before contained, it shall be lawful for any one of His Majesty's Principal Secretaries of State, being a Protestant, by a licence in writing, signed by him, to grant permission to any Jesuit or member of any such religious order, community, or society as aforesaid, to come into the United Kingdom, and to remain therein for such period as the said Secretary of State shall think proper, not exceed- ing in any case the space of six calendar months ; and it shall also be lawful for any of His Majesty's Principal Secretaries of State to revoke any licence so granted before the expiration of the time mentioned therein, if he shall so think fit ; and if any such person to whom such licence shall have been granted shall not dcp|irt from the United Kingdom within twenty days after the expiration of the time mentioned in such licence, or if such licence shall have been revoked, then within twenty days after notice of such revocation shall have been given to him, every person so offending shall be deemed guilty of a misdemeanor, and being thereof lawfully convicted shall be 414 CHURCHES. [Im. Act,10G4c7 sentenced and ordered to be banished from the United King- dom for the term of his natural life. 32. And be it further enacted, That there shall annually be laid before both Houses of Parliament an account of all such licences as shall have been granted for the purpose herein before mentioned within the twelve months then next preceding. 33. And be it further enacted, That in case any Jesuit or member of any such religious order, community, or society as aforesaid, shall after the commencement of this Act, within any part of the United Kingdom, admit any person to become a regular Ecclesiastic, or brother or member of any such reli- gious order, community, or society, or be aiding or consenting thereunto, or shall administer or cause to be administered, or be aiding or assisting in the administering or taking any oath, vow, or engagement purporting or intending to bind the person taking the same to the rules, ordinances, or ceremonies of such religious order, community, or society, every person oiFending in the premises in England or Ireland shall be deemed guilty of a misdemeanor, and in Scotland shall be punished by fine and imprisonment. 34. And be it further enacted, That in case any person shall after the commencement of this Act, within any part of this United Kingdom, be admitted or become a Jesuit, or brother or member of any other such religious order, com- munity, or society as aforesaid, such person shall be deemed and taken to be guilty of a misdemeanor, and being thereof lawfully convicted shall be sentenced and ordered to be banished from the United Kingdom for the term of his natural life. 35. And be it further enacted, That in case any person sentenced and ordered to be banished under the provisions of this Act, shall not depart from the United Kingdom within thirty days after the pronouncing of such sentence and order, it shall be lawful for His Majesty to cause such person to be conveyed to such place out of the United Kingdom as His Majesty, by the advice of His Privy Council, shall direct. 36. And be it further enacted, That if any offender who shall be so sentenced and ordered to be banished in manner aforesaid shall, after the end of three calendar months from the time such sentence and order hath been pronounced, be at large within any part of the United Kingdom without some 10 V c 71] CHURCHES. 415 lawful cause, every such offender being so at large as aforesaid, on being thereof lawfully convicted, shall be transported to such place as shall be appointed by His Majesty, for the ternm of his natural life. 37. Provided always, and be it enacted, That nothing herein contained shall extend or be construed to extend in any manner to affect any religious order, community, or establishment con- sisting of females bound by religious or monastic vows. 38. And be it further enacted. That all penalties imposed by this Act shall and may be recovered as a debt due to His Majesty, by information to be filed in the name of His Majesty's Attorney General for England or for Ireland, as the case may be, in the Courts of Exchequer in England or Ireland respec- tively, or in the name of His Majesty's Advocate General in the Court of Exchequer in Scotland. 39. And be it further enacted, That this Act, or any part thereof, may be repealed, altered, or varied at any time within this present Session of Parliament. 40. And be it further enacted, That this Act shall com- mence and take effect at the expiration of ten days from and after the passing thereof. Schedule to which this refers. Date of the registry. Kame of the party Age Place of Birth. Name of the order. con)munity, or bo- ciety whereof he is a Member. Name &. usual resi- dence of the next im- mediate superior of the order, commu nity, or society. Usual place of residence of the party. 10th Victoria — Chapter 71. An Act to provide for the incorporation of certain Presby- terian Churches in this Province not in connexion with the Established Church of Scotland. Section. Section. , 1. Trustees of Church in Saint John incor- 3. Trustees, when and ho^ appointed. porated- 4, Minister, how chosen. 2. Land on which Church built, in whom, 5, Minister, &c. to hold office, by wh»t ' ■ Tested. • ' tenure. 416 CHURCHES. [10 V c 71 Section. Section. 6. Corporation, how liable for former Min- 7. Trustees of otlier Churches, howr elected ister's salary. and incorporated. Passed Yilh April 1847. Whereas it appears to be the desire of the members of the Presbyterian Church in the City of Saint John, and of other Churches established in the said Province, having relation with Presbyterian bodies in Great Britain and Ireland, but not being in connexion with the Established Church of Scotland, to be incorporated, to enable them to manage the temporal affairs of the said Churches, and to provide for certain matters in reference to the call and qualification of the Ministers and otherwise ; — Be it therefore enacted, 8fc. — 1. The following persons, namely, Andrew Reed, James Dunn, Thomas Parks, John Hawks, and William E. Moore, together with the Elders of the said Church, namely, William Parks, Robert Ritchey, Robert Keady, and (Jeorge Hutchinson, be and they are hereby declared to be Trustees for the said Church until the election and appointment of not more than nine other Trustees as hereinafter directed, and the above named Trustees and their successors, (the said nine Trustees and their successors to be chosen and appointed in manner hereinafter mentioned,) for ever shall be a body politic and corporate in deed and name, and shall have succession for ever by the name of [the words here omitted repealed by 12th V. c. 61, s. 1,] and by that name shall be enabled to sue and be sued, implead and be impleaded, answer and be answered unto, in all Courts and places whatsoever within this Province, and shall have full power and capacity to purchase, receive, take, hold, and enjoy for the use and benefit of the said Church, as well goods and chattels, as lands, tenements, and hereditaments, and improve and use the same for the benefit of the said Church, according to their best discretion, and the true intent and meaning of the donors when the same shall be given, devised, or bequeathed to the use and benefit of the said Church ; provided always, that the amount of annual rents, profits, and receipts of such lands, tenements, goods, chattels, and hereditaments, shall not exceed the sum of five hundred pounds, any law, custom, or usage to the contrary notwithstanding. 2. The lot of land on which the said Church is built, situate 10 V C 71] CHURCHES. 417 at the corner of Great George and Carmarthen Streets, in King's Ward, in the said City of Saint John, together with the lot adjoining, fronting on Great George Street, which lots of land are at present vested in Trustees for the said Church, shall according to their full metes and boundaries, together with the said Church thereon erected, be and remain fully and abso- lutely vested in the said Trustees of the Saint John Presby- terian Church, in the City of Saint John, apd their successors, for ever, as a good and absolute estate in fee simple, for the use, trust, and benefit aforesaid, and shall be so deemed and taken in all Courts of law and equity in this Province, any law, usage, or custom to the contrary in any wise notwithstanding, saving to all purchasers of pews in the said Church their pre- sent legal right therein and thereto, and saving the legal or equitabl« right of all other persons. 3. On the first Wednesday in June in each year for ever here- after, a meeting of the persons then being proprietors of pews, or male communicants, shall be holden in the said Church; at which meeting, between the hours of twelve of the clock at noon and three of the clock in the forenoon, an election shall be made, to be determined by a majority of persons so being pewholders or male communicants, and entitled to vote, pre- sent at such meeting, of any number of persons not exceeding nine, nor less than five, being proprietors of pews, to be the Trustees of the said Church, for the purposes aforesaid, who shall forthwith, on the completion of such election, enter upon the duties of their ofiice, and continue in the same for one year, or until other fit persons shall be chosen in their stead ; provided that no person shall have more than one vote, although he may be proprietor of more than one pew, and if a pew or pews be owned by more than one person jointly or in com- mon, there shall be but one vote given in respect of the said pew or pews so owned jointly or in common ; and provided also, that no person shall be eligible to be elected a Trustee unless he be at the time of being so elected, a proprietor or owner of a pew and a male communicant of the said Church. 4. In case of any vacancy in the Ministry, or the expiration of any agreement made or to be made with any Minister for the said Church, the call or nomination of any candidate or candidates for the Pastoral charge of the said Church shall be 27 418 CHURCHES. [10 V'C 71 in ihe Elders and Trustees if such candidate or candidates shall be in British America, and the choice or rejection of such candidate or candidates shall be in the congregation, being male communicants, and including the said Elders and Trus- tees, or a majority of them present in person, or by their agent or proxy for that purpose appointed in writing; and if it shall be found necessary to call a Minister from any part of Great Britain or Ireland, then the arrangements for that purpose shall be solely vested in the Elders and Trustees of the said Church; provided always, that in either case, the Minister to be called shall be duly licenced by a Presbytery in Great Britain or Ireland, or British North America, who hold and subscribe the Westminster Standards, [the words here omitted are repealed by 12 V. c. 61, s. 2,] or the code of discipline at present used by the Presbyterian Church in Ireland ; and provided also, that such Minister or Licentiate shall, when required so to do, furnish any Presbytery in this Province, within the bounds of his intended labours, with satisfactory certificates of his literary status and moral character before being allowed to connect himself with such Presbytery. 5. The Minister, Elders, and Deacons, and other officers of the said Church, shall be elected, chosen, and appointed, and have, hold, exercise, and enjoy their respective offiices accord- ing to the usages and customs of the Presbyterian Churches in Scotland and Ireland, except so far as the same may be altered or abridged by this Act. 6. The said Trustees of the Saint John Presbyterian Church hereby incorporated, shall be held both at law and in equity bound for any engagement made by any former Trustees or other persons belonging to the said Church for the Minister's stipend, and such other expenses as may have been found necessary, and the same shall be paid by the said Corporation so as to relieve the said Trustees or other persons of the burthen of such engagement, and if the amount thereof shall happen to exceed the yearly income of the said Church and Cor- poration, the same shall be a burthen on the said Church and Corporation as such, and shall not make the said Trustees responsible in their individual and private capacity. 7. The Trustees in the several and respective Churches already erected within this Province, and also of all Churches 12 V C 61] CHURCHES. 419 which may hereafter be erected in connexion with the [the words here omitted are repealed by 12 V. c, 61, s. 3,] shall, when elected, chosen, and appointed in manner and form as directed in and by this Act, be bodies politic and corporate in deed and name, and shall have succession for ever, by the name of the Trustees of the several and respective Churches to which they respectively belong ; and this Act, and every clause, direction, authority, and power in the same contained, shall extend and be in force for all such Churches, in the same manner as if the said clauses, directions, and authorities were particularly re-enacted and applied to such Churches respectively; and all lands, tenements, and hereditaments conveyed or lo be con- veyed to and for the benefit of such Churches, shall be vested in the said several and respective Corporations, as fully and absolutely to all intents and purposes as the lands and Church mentioned in the second Section of this Act are hereby vested in the said [the words here omitted are repealed by 12 V. c. 61, s. 3] ; provided always, that nothing in this Act contained shall extend to or affect, or be construed to extend to or affect any Church, lands, or tenements already vested in or belong- ing to any Corporation in connexion with the Established Church of Scotland. 12th Victoria — Chapter 61. An Act in amendment of an Act intituled An Act to provide for the Incorporation of certain Presbyterian Churches in this Province not in connexion with the Established Church of Scotland. Section. Section. 1. Part of what Section of Act repealed, &c. 3. Part of another Section of Act repealed. 2. Part of another Section of Act repealed. Passed Hth ^pril 1849. Whereas by the first Section of an Act passed in the tenth year of the Reign of Her present Majesty Queen Victoria, intituled An Act to provide for the Incorporation of certain Presbyterian Churches in this Province not in connexion with the Established Church of Scotland, certain persons therein named, and their successors, to be chosen and appointed in manner in and by the said Act mentioned, are incorporated by the name of " The Trustees of the Saint John Presbyterian 420 CHURCHES. [l2Vc61 Church in the City of Saint John, in connexion with the Presbyterian Church in New Brunswick, and not in connexion with the Established Church of Scotland :" And whereas the said Corporation are desirous that such name should be changed ; — Be it therefore enacted, fyc. — 1. So much and no more of the first Section of the said recited Act as gives the name and designation to the said Corporation of " The Trustees of the Saint John Presbyterian Church in the City of Saint John, in connexion with the Presbyterian Church in New Brunswick, and not in connexion with the Established Church of Scotland," be and the same is hereby repealed; and in lieu and place thereof, the said parties in said first Section mentioned, and thereby incorporated, and their successors, chosen and ap- pointed, or to be chosen and appointed in tbe manner in and by the said Act mentioned and specified, shall for ever hereafter continue and be a body politic in deed and name, and shall continue to have succession for ever, by the name of " The Trustees of the Saint John Presbyterian Church in the City of Saint John, in connexion with the Presbyterian Church in New Brunswick, adhei-ing to the Westminster Standards," and by that name shall be enabled to sue and be sued, implead and be impleaded, answer and be answered unto, in all Courts and places in this Province, and shall have all other the powers, authorities, rights, and privileges given and granted by the said Act. 2. So much and no more of the fourth Section of the said Act as is contained in the words " and second Book of Dis- cipline as at present recognized and adopted by the Established Church of Scotland," be and the same is hereby repealed j and in lieu and in place thereof shall be substituted and taken as part of the said Section, the words " and Books of Discipline as at present recognized and interpreted by the Free Church of Scotland." 3. So much and no more of the seventh Section of the said Act as is contained in the words " Saint John Presbyterian Church in New Brunswick," where the same first occurs in the said Section, be and the same is hereby repealed ; and in lieu and in place thereof shall be substituted and taken as part of the said Section, the words "Presbyterian Church in New 7 V C 7] CHURCHES. 421 Brunswick, adhering to the Westminster Standards :" and so much of the said Section as is contained in the words " Trus- tees of the Saint John Presbyterian Church in the City of Saint John, in connexion with the Presbyterian Church in New Brunswick, not in connexion with the Established Church of Scotland," be and the same is hereby repealed ; and in lieu and in place thereof shall be substituted and taken as part of the said Section, the words " Trustees of the Saint Jojjn Presbyterian Church, in the City of Saint John, in connexion with the Presbyterian Church in New Brunswick, adhering to the Westminster Standards ;" and that in all and every other respects the seiid Act shall be and remain in full force and virtue. 7th Victoria — Chapter 7. An Act to incorporate the Trustees of the Reformed Presh^terian Church in the City of Saint John, in connexion with the Reformed Presbyterian Synod of Ireland. Section. Section. 1. Incorporation of Trustees. 4. Other Cliurches in connexion, how incor- S. Property transferred to Corporation. porated. 3. Annual meeting for election of Trustees. Passed i^ih -AprU 1850, Whereas it appears to be the desire of the members of the Reformed Presbyterian Church in the City of Saint John, in connexion with the Reformed Presbyterian Synod of Ireland, that the Trustees, in whom certain property is vested for the use of the said Church, shall become incorporated, in order that they may more effectually hold the same for the purposes for which the same was originally designed ; — Be it therefore enacted, ^c— 1. The following persons, namely, George Russell, George Cothers, David Johnston, John M'Intyre, together with the present Elders of the said Church, namely, John Armstrong, James Agnew, and Robert Ewing, be and they are hereby declared to be Trustees for the said Church, until the election and appointment of not more than seven other Trustees, as hereinafter directed ; and the above named Trustees (and the said Trustees and their 422 CHURCHES. [7 V c 7 successors, to be chosen and appointed in manner hereinafter mentioned,) shall be a body politic and corporate in deed and in name, and have succession for ever, by the name of " The Trustees of the Reformed Presbyterian Church in the City of Saint John, in connexion with the Reformed Presbyterian Synod of Ireland," and by that name shall be enabled to use a common seal, to sue and be sued, implead and be impleaded, answer and be answered unto, in all Courts and places what- soever within this Province, and shall have full power and capacity to purchase, receive, take, hold, and enjoy for the exclusive use and benefit of the said Church, as well goods and chattels, as lands, tenements, and hereditaments, and improve and use the same for the benefit of the said Church ; as also to sell, dispose of, and exchange the same according to their best discretion, for the like benefit ; and als/f to hold the same according to the true intent and meaning of the donors, when such property shall be given, devised, or bequeathed to the said Trustees to the use and benefit of the said Church; provided always, that the amouni of annual rents, profits, and receipts, of such property shall not exceed the sum of five hundred pounds, any law, custom, or usage to ihe contrary thereof notwithstanding. 2. All estate, real and personal, of what nature or kind soever, at present vested in the present Trustees of the said Church, shUll be on the passing of this Act fully and absolutely vested and remain- in the Trustees hereinbefore named, and their successors, for ever, for the exclusive use, trust, and benefit aforesaid, saving the rights of such present Trustees and of Her Majesty, and other persons, bodies corporate and politic, or other claims or rights whatsoever. 3. On the first Wednesday in May in each and every year for ever hereafter, a meeting of the male communicants of the said Church may on that day be holden in the said Church, if deemed expedient, or in some other convenient place, at which meeting an election. shall be made by ballot, to be determined by a majority of s,uch communicants, of any number of persons (not exceeding seven, who shall likewise be communicants,} to be Trustees of the said Church, who shall forthwith, on the completion of such election, enter upon the duties of their office, and continue in the same until other fit persons shall be elected in manner aforesaid. 14 V c 13] CHURCHES. 423 4. The Trustees in their several and respective Churches already erected within this Province, and also of all Churches which may be hereafter erected, in connexion with the Reformed Presbyterian Church of the City of Saint John, (the Trustees of which are hereby incorporated) shall, when elected in manner and form as directed by this Act, be bodies politic and corporate in deed and in name, and hare succession for ever, by the name of the Trustees of the several and respective Churches to which they belong, and then this Act, and every direction and authority therein contained, shall extend and be in force in all such Churches in the same manner as if the same direction and authority were particularly re-enacted and applied to such Churches respectively. 14th Victoria — Chapter 13. An Act to incorporate the Orthodox Congregational Church at Milltown, in the Parish of Saint Stephen. Section 1. — Certain persons incorporated, name, Sec. Passed 28th March 1851. Be it enacted, ^c. — 1. George M. Porter, William Todd, Junior, Henry F. Eaton, Joseph E. Eaton, Edward Foster, Daniel Tyler, James G. Kimball, William E. TH'Allister, Joshua Allen, John M'Adam, Thomas Bowser, Stephen H. Hitchings, and such other male persons as are or may become members of the Church hereinafter named, being communi- cants in the same, be and they are hereby created and declared to be a body politic and corporate in deed and name, and shall have succession for ever, by the name of " The First Orthodox Congregational Church in Saint Stephen," and by that name shall be enabled to sue and be sued, implead and be impleaded, answer and be answered unto, defend and be defended, in any Court or Courts of law or equity, or any other place whatso- ever, and shall have full power and capacity to purchase, convey, receive, take, hold, and enjoy, for the use and benefit of the said Church, as well goods and chattels, as lands, tenements, and hereditaments, and improve and use the same for the benefit of the said Church, and shall have all the other 424 CHURCHES. [16 V c S general powers and pririleges not hereinbefore mentioned and contained, made incident to a Corporation by Act of Assembly of this Province ; provided alvvaiys, that the amount of annual rents, profits, and receipts of such lands, tenements, goods/ chattels, and hereditaments, shall not exceed the sum of five hundred pounds. 16th Victoria — Chapter 5. An Act for the incorporation of certain Bodies connected with the Wesleyan Methodist Church in New Bruns- wick. Section. Section. 1. Board of Trustees incorporated. 8. BeqciestsforMinister,bowtobeinTested.' 2. It^inistersofDistrictmeetingincorporated. 9. Rights of District meeting when tirans- 3. Power of Trustees to bold land, &c. ferred. 4. District meetings to hold land. 10. To what certain words shall extend. 5. Trustees, how appointed, for property 11. Limitation of amount of property to be conveyed for benefit of Church. held by Traste'es. 6. Trustees, &c., how-to hold property. 12. Same to be held by District meetings. 7. Appointment of TrusYees' Buccessbrs, how recorded. Passed 14th April 1853. Whereas a number of persons in this Province are asso- ciated together in Classes, Societies, and Congregations, con- stituting a Rdligious Community known by the name of " The Wesleyari Methodist Church in New Brunswick," under the pastoral care and direction of Ministers of the Gospel in con- nexion with the British Cohferehce, as known and defined by a certain deed, poll, or instrument in writing under the hand and seal of the Reverend John Wesley, bearing date on or about the twenty eighth day of February in the year of our liord one thousand seven hundred and eighty four, and enrolled in Her Majesty's High Court of Chancery on or about the ninth day of March in the year last aforesaid ; the Ministers and Mettibers df which Church are in cohtiexion with and are governed and directed by the rules and usages made or sanc- tioned from time to time by the said Conference : And whereas for the more beneficial and effectual exercise of pastoral sujiervision by the Ministers, and for the better and more effectual administration of the discipline of the Church, the Province, of part thereof occupied by such Ministers, is divided into Sections called Circuits ; and the Classes, Societies, and 16 V c 5] CHURCHES. 425 Congregations within each Circuit respectively, are placed from year to year under the pastoral care of one or more of the Ministers appointed to such Circuit by or by authority of the Conference, and one of whom so appointed to each Circuit is called the Superintendent thereof; and in each of such Circuits certain persons are from time to time appointed, according to such rules and .usages, to the offices of Circuit Stewards, to assist in managing the financial affairs of such Circuits ; and certain persons are from time to time appointed or recognized, according to such rules and usages, as Trustees of Chapels, or Mission Houses, or Burial Grounds, or other lands or property required for the use of the Church within the Circuits respectively : And whereas for the more conve- nient regulation of the affairs of the Church, a number of such Circuits are associated together by authority of the said Con- ference, and every such association of such Circuits is called a District, and a yearly assembly of the Ministers in every such District is held, and called " The District Meeting of ," the business of which is generally presided over by one of the Ministers who is called the Chairman of the District and the general Superintendent of Missions therein, and who is ap- pointed to his office by the Conference : And whereas it is necessary that greater facilities should be enjoyed by the Church for holding, possessing, and using lands and other property for the support of public.worship, and for the propagation of chris- tian knowledge, and for the constituting and managing of the funds and institutions for the several and general religious and benevolent objects of the Church : And whereas at sundry times heretofore, lands and other property have been conveyed by devise, or by deeds of gift, or by deeds of bargain and sale, or by Other deeds or instruments, to the Church officers, or other parties named or signified in such deeds or instruments or devises, in trust for the use and benefit of the Church, some of which deeds or instruments or devises are defective, as not containing necessary directioiis for the appointment of succes- sors for the trusts respectively created, or as being in other respects not accordant with such rules and usages, from which defectiveness inconveniences have arisen or are liable to arise, which it is necessary to remedy, and in the future to prevent ; — 426 CHURCHES. [16 V c 5 Be it therefore enacted, ^c— 1. Each Board of Trustees of any Chapel, Mission House, Burial Ground, School House, or other property held in trust for the use and benefit of such Church in connexion with the said Conference, and their suc- cessors, and each Board of Trustees to be hereafter appointed, according to the rules and usages for such purposes, and their successors, shall be a body corporate, having perpetual succes- sion, by the name of " The Trustees of the Wesleyan Chapel," or Burial Ground, or other property, as the case may be, in the place in which the trust property shall be situated, or by such other name as is or shall be mentioned in the trust deed or other act or instrument by which the trusts respectively are or shall be created. 2. The Wesleyan Methodist Ministers now constituting any such District Meeting, and their successors, and any others who shall be hereafter, by authority of the Conference, consti- tuted a District Meeting, and their successors, shall be a body corporate, having perpetual succession, by the name of " The District Meeting of the District," as the case may be. 3. Each and every of the Corporations of Trustees hereby constituted or to be hereafter constituted by virtue hereof, shall be capable of taking, holding, and possessing lands, tenements, moneys, and other property heretofore conveyed to them, or which shall be hereafter conveyed for the use and benefit of such Trusts respectively, and of sueing and being sued in any of Her Majesty's Courts of law or of equity, and shall have and exercise all the rights, powers, and privileges incident to a body corporate, according to the laws of this Pro- vince ; and lands and other property that have been or shall be granted, given, or devised for the use of the Church, shall be held to be vested in the District Meeting Corporation, or to be vested in special trust under the corporate authority hereinbefore created, accordingly as by the known and estab- lished general rules and usages of the Wesleyan Society such lands and property ought to be subjected to the management of the one trust or the other. 4. The District Meeting hereby incorporated, and such District Meetings as shall hereafter be constituted, shall be capable of taking, holding, and possessing lands, tenements, moneys, and other property for the use and benefit of such 16 V c 5] CHURCHES. 427 Church in connexion with the Conference, or of any portion thereof, or for the establishment of any funds or institutions which are now or may be hereafter required for the purposes of the Church, or of any portion thereof, or for the purposes of the Conference, and shall have authority respectively, and from time to time to make laws and regulations for the due management of such funds and institutions, not at variance with the laws of this Province, and of sueing and being sued in any of Her Majesty's Courts of law or of equity, and shall have and exercise all the rights, powers, and privileges incident to a body corporate, according to the laws of this Province. 5. When in any case any lands, tenements, moneys, or other property, or any right or interest therein, or use thereof, shall have been given or conveyed, or intended to be conveyed, or shall hereafter be given or conveyed, or intended to be given or conveyed, by grant or devise or otherwise, in trust for the use and benefit of such Church, or of any portion thereof, and no proper provisions have been or be made for the appoint- ment of Trustees or of successors in the Trust, or such pro- visions have been or shall be made as are not in accordance with such rules and usages, or a vacancy or vacancies in the Trust shall have been or shall be occasioned by death or otherwise, which vacancy or vacancies shall not have been duly filled by the appointment of a successor or successors before the passing of this Act, in any such case now existing the Superintendent of the Circuit in which such Trust existed, or if the property be in a place where no Circuit extends, then the Chairman of the District, shall within twelve months after the passing of this Act, and in any such case hereafter arising shall as soon as convenient, cause the requisite number of Trustees, or of successors to the former Trustees, to be duly appointed according to such rules and usages ; and the Trustees and their successors so duly appointed, and their successors from time to time thereafter so duly appointed, shall be the proper and lawful Trustees of the Trusts respectively, and shall have and exercise all the rights and powers and privileges pertaining to such Trustees, according to the rules and usages, and with the corporate privileges and authority which are conferred or are intended to be conferred on the Trustees by this Act. CHURCHES. [16 V C $ 6. The Trustees and District Meetings hereby incorporated, or authorized to be hereafter incorporated, and their successors, shall hold and exercise the rights, powers, and privileges connected with their respective Trusts, in accordance with the rules and usages from time to time passed or established by or by authority of the Conference. 7. The Trustees of any land held or to be hereafter held for a Chapel, or for a Mission House, or Burial Ground, or School House, or other building for the use of such Church, or any portion thereof, shall keep a Book of Records, in which shall be duly entered according to the rules and usages, the appoint- ment of any successor or successors in the Trust ; and the person or persons so appointed shall be entitled, in conjunction with the then surviving or remaining Trustees, to hold and possess the lands and all the appurtenances thereof, without any deed of conveyance or assignment being made to them ; and the production of such entry in the Book of Records, or a duly authenticated copy thereof, shall be sufficient evidence of the appointment of such successor or successors in any of Her Majesty's Courts of law or equity, and of his or their posses- sion of co-ordinate rights and privileges with other Trustees from the time of the appointment of such successor or succes- sors respectively. 8. Any real or personal property or sums of money which have heretofore or may hereafter be devised or bequeathed for the support of the Minister of any Circuit, or for any otheir purpose connected therewith, shall be deemed to bei and shall be vested in and payable to the Circuit Steward of such Circuit for the time being, or his successor, whose duty it shall be to dispose of and appropriate the same, with the concurrence and under the directions of the District Meeting, so as neverthe- less at all times to ^ve full effect to the wishes and intentions of the testator. 9. If at any time after the passing of this Act a Conference of Wesleyan Ministers shall be, by the authority of the Con- ference hereinbefore mentioned, organized in the Province, then all the rights, powers, and privileges by this Act granted to the District Meeting or District Meetings shall be thence- forward vested in the Conference which shall be so organized; and the lands, tenements, moneys, or other property at such It V c 47] CHURCHES. 429 time held by the District Meeting or District Meetings, shall become the property of the Conference in this Province, for the same use and benefit for which they shall have been previously received and held by the District Meeting or District Meetings under the authority and provisions of this Act. 10. After the organization of a Conference in this Province, the vFords " rules and usages" in this Act shall be held to refer to such rules and usages as shall thenceforward be made or sanctioned by the Conference in this Province. 11. The annual value of lands held by any Board of Trustees incorporated hereunder, shall not exceed at any time the sum of sixty pounds, exclusive of lands and premises held for Chapels, Mission Houses, and Burial Grounds- 12. The annual value of lands held by any District Meeting shall not exceed the sum of one thousand pounds; and further the annual aggregate value of the lands to be owned by the several Districts, or by the said Conference when incorporated, shall not exceed at any one time three thousand pounds. 17th Victoria — Chapter 47. An Act to incorporate certain Bodies connected with the Free Baptist Church in New Brunswick. Section. Section. 1. Corporation of Conference, how consti- 5. Who to vote at such election. tuted. 6 Board of Trustees, how to act. 2. -First meeting, when held. 7. Lands, how to be held. 3. Corporation bf Meeting Hoases, how con- 8. To whom conveyance to be made. Btituted. 9. Annual revenue, to what amount. ' '4. Election* of TruBteeB. Passed ht May 18.54. Whereas a number of persons in this Province are asso- ciated together in Churches constituting a religious community known as " The Free Christian Baptist Church of New Brunswick," in connexion with and under the supervision of " The Free Christian Baptist General Conference of New Brunswick," constituted and governed by the rules made by the said Conference, composed of all the ordained Elders and Licentiates of the said Church in New Brunswick, and two Lay Delegates from each District meeting, into which the Province may at any time be divided by the said Conference, 430 CHURCHES. [J7Vc47 with the Clerk of every meeting, and the Treasurer and Clerk of the Conference, and such other persons in connexion with the said Church as the Conference may invite to attend, and the business of which Conference is presided over by a Mode- rator annually elected from the ordained Elders : And whereas a Newspaper is published under the authority of the said Conference, and it is also possessed of considerable other pro- perty, real and personal, and various parcels of land have been conveyed in trust for the said Church, and Meeting Houses have been built thereon, and serious inconveniences have arisen in the holding and transmission of the said lands, and the management of their property, from the difficulty of appointing new Trustees on the occurrence of vacancies; and it is believed that the incorporation of the said Conference and the several Churches respectively, would greatly simplify the management of their temporal concerns, and advance the several benevolent and religious objects of the said Church, and promote its spiritual interest ; — Be it therefore enacted, &fc.^l. Elders Samuel Hartt, Edward Wayman, Joseph Noble, Elijah Sisson, Charles M'Mullin, John G. Flanders, George Orser, Alexander Taylor, Benjamin Merritt, Jacob Giinter, John Perry, Ezekiel Sippril, Ezekiel M'Leod, John Wallace, William E. Pennington, Robert Colpitts, Jonathan Shaw, Robert French, and Peter Malloch ; Licentiates Robert Dobson, and Jonas Fitzherbert, Daniel Turner, George Maxou, William Slipp, Junior, Daniel Clark, William Peters, Edwin R. Parsons, James Jones, Nathaniel Gray, Solomon Smith, David Ebbitt, John S. Colpitts, John Machum, George M'Gready, and Benjamin J. Underbill, now constituting " The Free Christian Baptist General Con- ference of New Brunswick," their associates and successors, shall by that name be a body politic and corporate in deed and in name, with full power to sue and be sued, to purchase, receive, and hold grants of real and personal estate, and to improve the same, and sell, assign, and dispose thereof, and receive the rents and profits for the use of the said Church and Conference according to the intention of the donors, and to have a common seal with power to break or renew the same at pleasure, and to make bye laws, arid appoint officers for the management of any funds, institutions, and objects connected 17 V C 47] CHURCHES. 431 with the said Church, and to regulate the mode of constituting and the government of the said Conference. 2. The first meeting of the said Corporation shall be held on the first Saturday in July next at the Long Island Church, in the Parish of Hampstead, in the County of Queen's, when the Corporation shall be deemed organized ; seven ordained Elders and six Lay Delegates from the different Districts shall be a quorum for the transaction of the business of the Confer- ence, but any less number may adjourn. 3. The Trustees of every Meeting House in connexion with the said Conference, shall be a body politic and corporate by the name of " The Trustees of the Free Christian Baptist Church of ," according to the particular designation thereof, and by that name shall have perpetual succession, power to sue and be sued, a common seal with power to break or renew the same at pleasure, power to hold and receive real and personal estate, and improve, sell, or assign the same, and make bye laws, and exercise all the corporate powers conferred by law, for the purpose of managing the temporal affairs of such Meeting House. 4. Every Church may annually, at such time as the Con- ference shall prescribe, elect any number not less than three nor exceeding five Trustees, being members of the said Church, who shall continue in ofiice for one year, or until others are elected in their stead. 5. Every male person of the age of twenty one years or up- wards, being a communicant of such Church, or a regular attendant at the worship in the Meeting House where such Church is organized, who contribute towards the funds of the Church such sum as the Conference shall prescribe, shall be entitled to vote at the election of Trustees. 6. Every Board of Trustees incorporated under the authority of this Act, shall exercise their powers and privileges accord- ing to the usage and rule prescribed by the Conference ; but at least three Trustees shall form a quorum for the transaction of business, and no bye law shall be made repugnant to law. 7. All lands conveyed in trust to the Free Christian Baptist Church, and buildings erected thereon, shall be subject to the provisions of this Act, whene\er a Board of Trustees to manage the same is elected in the manner herein provided, and a con- 432 CHURCHES. [17 V c 47 veyance of the same shall be executed by the then existing Trustees, and the title thereto shall be held by them in the same manner as conveyed by the original deed ; this provision shall not interfere with the right of the Conference to the ex- clusive control of any land conveyed to the Conference. 8. No conveyance, gift, or bequest made to the Free Chris- tian Baptist Church shall be deemed to be made to the Con- ference, unless such Conference is expressly named in the instrument of transfer. 9. The annual revenue derived from the rent of lands held by the Conference shall not exceed six thousand pounds, and of any Board of Trustees five hundred pounds. 60 G 3 c 6] EDUCATION. 433 KDUCATIOW. 60th George 3rd — Chapter 6. An Act to confirm the Charter of the Madras School in New Brunswick, and to extend the powers of the Go- vernor and Trustees of the same. Section. Section. 1. Charter declared valid. 2. Special Meetings, where may be held. Passed 20th March 1820. Whereas by His Majesty's Royal Charter, or Letters Patent under the Great Seal of this Province, bearing date the twenty third day of August in the year of our Lord one thou- sand eight hundred and nineteen, and in the fifty ninth year of His Majesty's Reign, a Corporation was erected and created, with perpetual succession, by the name of " The Governor and Trustees of the Madras School in New Brunswick," with certain powers, rights, and privileges, as are in the same Royal Charter or Letters Patent expressed and contained; — Be it therefore enacted, ifc- — 1. The same Charter or Letters Patent be and the same are hereby declared to be good, valid, perfect, authentic, and effectual in the law, and shall stand and be taken, reputed, deemed, and adjudged good, perfect, sure, available, authentic, and effectual in the Jaw, according to the tenor and efifect of the same ^Charter or Letters Patent ; and the same be and are to all intents and purposes hereby ratified and confirmed. 3. And whereas in and by the said Charter or Letters Patent it is declared, "that it shall be the duty of the said Governor and Trustees of the Madras School in New Brunswick, (among other things) to hold and keep the Central School always in the City of Saint John, and to extend the benefits of the insti- tution to every other part of the Province, from time to time, and as often as the funds and means of the said Corporation will enable them so to do :" And whereas provision may here- after be made for the establishment of branches of the said Provincial School, to be held and kept at the Seat of Govern- ment of the said Province, in Fredericton, and other parts of the Province ; — Special meetings of the same Governor and Trustees of the Madras School in New Brunswick, may be 28 434 EDUCATION, [6 W 4 e ^ summoned and held in the manner as pointed out in and by the said Charter and Letters Patent, at the said Seat of Govern- ment of the said Province, solely for the regulation and govern- ment of any such other Schools as may hereafter be established in the Province, under the direction of the said Governor and Trustees of the Madras School in New Brunswick ; at which said special meetings the Clerk and Treasurer of the said Corporation may severally attend, either in person or by deputy, as they shall from time to time find the same to be con- venient. 6th William 4th — Chapter 53. An Act to enable the Governor and Trustees of the Madras School to dispose of certain parts of their lands. Section. Section. 1. Wilderness lands, how disposed of. 3. Leases, how renewed. 2. Proceeds, how invested. Passed \&th March 1836. Whereas the Governor and Trustees of the Madras School in New Brunswick are seized and possessed of divers wilder- ness and uncultivated lands in this Province, and it is expedient when it would be for the benefit of the institution that they should have power to sell and dispose of the same, and to invest the proceeds in manner hereafter mentioned ; — . Be it enacted, ^c. — 1. Whenever it shall appear to the said Governor and Trustees to be clearly for the benefit and advantage of the institution to sell and dispose of any of their wilderness and uncultivated lands in any part of the Province, or to sell any timber growing on such lands, they shall be and are hereby authorized and empowered so to do ; and any sale and conveyance thereof, or of any part thereof, in fee simple or otherwise, made under the seal of the said Corpora- tion, shall be good and valid, any law or usage to the contrary notwithstanding. 2, All the moneys and proceeds arising from such sales shall be invested and laid out by the said Governor and Trustees in the purchase of other lands for the purposes of the institution, or shall be put and kept out at interest upon good and sufficient landed securities, and the annual income and interest arising therefrom be applied by the said Governor and Trustees to and 7 W 4 c 30] EDUCATION. 435 for the purposes of the institution; provided always, that when any land shall have been granted or conveyed to the said Governor and Trustees for the use or benefit of any particular school or schools, the proceeds thereof shall be invested or the interest applied for the use and benefit of such particular school or schools. 3. Any lease made by the said Governor and Trustees of any of their lands, tenements, and hereditaments for any term not exceeding twenty one years, may be made with such covenant or covenants for the renewal of the same as the said Governor and Trustees may think for the advantage of the institution, and may agree upon with the person or persons who may take such lease ; and good and valid leases of any land leased with such covenants of renewal therein, may be made under the seal of the said Corporation, any law or usage to the contrary notwithstanding. 7th William 4th — Chapter 30. An Act to enable the Governor and Trustees of the Madras School to sell certain land in Fredericton. Sention. Section. 1. School lot in iFredericton, -how disposed - 2. Application of proceeds, of. Passed \st March 1837. Whereas the Governor and Trustees of the Madras School in New Brunswick are seized and possessed of a certain lot of land situate in the Town of Fredericton in the County of York, fronting on King Street in the said Town, heretofore conveyed to them in two separate parcels by Joseph Gaynor, on which said lot a school house has been erected and now stands : And whereas the said school house is found to be inadequate and inconvenient for the purposes of the Madras Schools in the said Parish ; and in order to raise money either for enlarging the said school house or for erecting a new building or buildings for the purposes of the said schools as may be found expedient, it is desirable that the said Governor and Trustees should be empowered to sell and dispose of a part of the said lot ; — Be it enacted, 8fc. — 1. The Governor and Trustees of the Madras School in New Brunswick be and they are hereby authorized and empowered to sell and dispose at public auction, 436 EDUCATioiv. [8W4c8 thirty days previous notice of such auction, stating the time and place thereof, being first given in the Royal Gazette, of such: part or parts of the said lot as they shall deem expedidilt, including the said school house, if they shall judge it advisable, for such pHee and prices as they may be able to, get therefor; and any conveyance of any part of the said lot made under the seal of the Corporation, in pursuance of any such sale, 'shall be good and valid, any law or usage to the contrary notwithstand- ing; provided lalways, that the said Governor and Trustees shall retain a part or parts of the said lot sufficient for the adequate and convenient accommodation of the Madras Schools in the said Parish of iFredericton. 2. The moneys arising from any such sale shall be applied and .dis.posed of by the j said Governor and Trustees either for the purpose of enlarging the present school house or else for the purpose of erecting one or more buildings on the part of the said lot which they shall retain, as the said Governor and Trustees shall in their discretion deem most for the advantage of the said institution. 8th William 4th — Chapter 8. An Act to remedy the failure df the annual Courts or Meetings of the Corporation of the Madras School in this Province. Section. i gection. 1. Day for holding Court for.the year, hpw ,2. On failure.-how appointed, appointed. . Passed 22nd July- 1 837. 'Whereas the annual Court pr Meeting of, the Corporation of the Governor and Trustees of the Madras School in New Brunswick hath failed on the first Tuesday in July in the, pre- sent year, i by reason of a sufficient number of members not having been present ; — (Be it enactedi^c. — 1. The; Lieutenant Governor or Co;m- mander in Chief tnay appoint another day for the said annual Court or Meeting of the said Corporationfor the present year, and u.pon ten days notice of such appointment being given in one or more of the public Newspapers. published in the City of Saint John, such annual 'Court or Meeting may be convened and held at the City Hall of the said Cify on the d?ay so to 14 V C 12] EDUCATION. 437 be appointed therefor; and the said Governor and Trustees, or any five or more of them, being then and there assembled, shall form the legal annual Court or Meeting of the said Corporation for the present year, and shall have power to do, execute, and perform all such matters and things as may or ought to be done at the annual Court or Meeting prescribed in the charter of the said Corporation, and also to adjourn from day to day as the business of the said Corporation may require. 2. In, case of a like failure of the annual Court or Meeting of the said Corporation in any future year; the like proceedings in all respects may be had as are hereinbefore prescribed for the present year. 14th Victoria — Chapter 12. An Act to authorize the Governor and Trustees of the Madras School in New Brunswick to sell and dispose of certain lands in the City of Fredericton, and for other purposes. Section. Section. 1. Sale of lots in !Fredericton authorized, 2. Additional Trustees appointed in Saint Slc. John ; vacancies, Sec. Passed 2Slh March 1851, Whereas in consequence of the destruction by fire of the Madras School House, in the City of Fredericton, it has become necessary to sell and dispose of a part of lots numbers eighty five and eighty seven, situate in King Street, in the City of Fredericton, for the purpose of procuring funds to aid in rebuilding another School House ; — Be it tMerefire enacted, &fc. — 1. The Crovernor and Trustees of the Madras School in New Brunswick be and they are hereby authorized to sell and dispose of by public or private sale, any part of the lots numbers eighty five and eighty seven, which are situate in King Street, in the City^f Fredericton, for such price or pricfes as they may be able to obtain for the same, and for that purpose to make and execute to the purchaser or purchasers good; legal, and stffficient conveyances of the same in fee, any former law to the contrary thereof notwithstanding ; and the money arising from such sale shall be paid- and applied by the said Governor aind Trustees towards the building of a Madras School House in the City of Fredericton, and to no other purpose whatsoever. 438 EDUCATION. [12 V c 65 2. It shall and may be lawful for the Lieutenant Governor or Administrator of the Government for the time being, by and with the advice and consent of the Executive Council, to appoint five fit persons, being inhabitants of the City of Saint John, additional Trustees of the Board of the Governor and Trustees of the Madras School in New Brunswick ; and in case of any vacancy occurring by the death, removaf, or resignation of any of the said five Trustees, the said Governor and Trustees, at any meeting of the said Corporation, shall elect another fit person, being an inhabitant of the said City, to fill such vacancy, who being approved of by the Lieutenant Governor or Administrator of the Government for the time being, shall be one of the Trustees of the sai(d Corporation ; and every other vacancy in the said non-ofiicial members of the said Board so to be appointed under this Act, shall be filled from time to time in the same manner. 12th Victoria — Chapter 65. An Act to incorporate the Trustees of the Wesleyan Academy, at Mount Allison, Sackville. Section. ' Seelioii. 1. Trustees of Academy incorporated. 7. Power to appoint, &c. Principal, 2. First meeting, when held, 8. Meetings, how constituted. 3. Wh.o to constitute Corporation after first 9. OiHcers, by whom appointed. meeting. ] 0. Whai real estate rested in Corporation. 4., Annual meeting, when held. ' 1.1. Religious doctrines, what not allowed. .' 5 Extraordinary meetings, how called. 12. Annual value of lands limited. 6. Q,uorum, for. business; Passed \4ih April 1849. Whereas Charles F. Allison, of Sackville, in the County of Westmorland, in the Province of New Brunswick, Esquirej for the purpose of founding and establishing an Academy for the instruction of youth in the various branches of science and literature upon christian principles, did by indenture bearing date the twenty sixth day of May in the year of our Lord one thousand eight Irandred and forty, grant to William Temple, Sampson Busby, and Enoch Wood, Wesleyan Missionaries of the New Brunswick District, five acres and twenty five perches of land, more or less, situate in the said Parish of Sackville, and particularly described in the said indenture, upon trust, that the said William Tomple, Sampson Busby, and Enoch Wood, or the survivor of them, or the heirs, executors, and 12 V c 65] EDUCATION. 439 administrators of such survivor, should execute such further conveyance thereof to such person and upon such trusts as might be agreed upon and appointed by the British Wesleyan Methodist Conference, and signified in writing to the said William Temple, Sampson Busby, and Enoch Wood, or the survivor of them, or the heirs, executors, or administrators of such survivor; and the said Charles F. Allison did also give and expend a large sum of money to promote his said bene- volent purpose : And whereas buildings have been erected on the said lot of land now called Mount Allison, by means of the said gift and the contributions of other piously disposed and benevolent individuals, and the said Academy has been orga- nized and established, and is now in efficient operation: And whereas it is believed that the incorporation of the said Academy will more effectually promote the benevolent designs of its founder, and tend to a larger diffusion of its benefits, by simplifying the management thereof: And whereas the Mis- sionary Committee of the British Wesleyan Conference having charge of the Missions established and maintained under the authority of the said Conference, have signified their assent to the incorporation of the said Academy, and to the assumption by the said Corporation of the lands and premises aforesaid, without any formal conveyance thereof; — Be it therefore enacted, ifc. — 1. The Reverend Richard Knight, Chairman of the New Brunswick District of Wesleyan Ministers, the Reverend William Temple, Secretary of the said District, the Reverend Ephraim Evans, Chairman of the Nova Scotia District of Wesleyan Ministers, the Reverend Thomas H. Davis, Secretary of the said District, Charles F. Allison, of Sackville, Esquire, John Owen, of Saint John, Esquire, Martin G. Black, of Halifax, Nova Scotia, Esquire, Ralph Brecken, of Charlotte Town, Prince Edward Island, Esquire, and the Reverend Humphrey Pickard, of Sackville, the Principal of the said Institution, their associates, successors, and assigns, be and they are hereby declared to be erected into and created a body politic and corporate by the name of " The Trustees of the Wesleyan Academy at Mount Allison, Sackville," and by that name shall have all the general powers and privileges made incident to a Corporation by Act of As- sembly of this Province, for the purpose of supporting and 440 EDUCATION. [12 V c 65 maintaining the said Academy, and for carrying on, conducting, and managing the same. 2. The first meeting of the said Corporation shall be held at Sackvilie, after fifteen days notice thereof published in the Royal Gazette ; which notice shall be given by the Reverend Richard Knight, or in case of his death, neglect, or refusal to give such notice, then by any other person incorporated by this Act ; and such meeting so holden, shall be adjourned from day to day till the business required to be done thereat is completed. 3. After the first meeting of the said Corporation, the said Corporation shall consist of the Chairman of the New Bruns- wick District of Wesleyan Ministers for the time being — the Secretary of the said District for the time being — the Chairman of the Nova Scotia District of Wesleyan Ministers for the time being — the Secretary of the said last mentioned District for the time beings — the Ghairman.and Secretary of each and every District of Wesleyan Ministers for the time being, into which the Provinces of New Brunswick, Nova Scotia, and the Island of Prince Edward may be divided by and under the authority of the British Conference of Wesleyan Methodist Ministers, originally established by the Reverend John Wesley, A. M. — the Principal of the said Academy for the time being-^and two laymen to be selected annually by each of the Districts of Wesleyan Ministers into which the Provinces of New Bruns- wick, Nova Scotia, and the Island of Prince Edward are now or niay at any time hereafter be divided, by the authority of the aforementioned Conference, the appointment of which laymen shall be duly certified by the Chairman of the District for which they may be respectively appointed, and such Certificate shall be countersigned by the Secretary of the said District ; and the said members of the said Corporation shall be the Trustees of the said Academy, and as such Trustees the Governors thereof ; provided always, that in case the election of the said lay members of the said Corporation, or either of them, be omitted by the said District meetings, or either of them, it shall and may be lawful for the lay members of the previous year to remain and continue in office during the fol- lowing year, and until their successors shall be duly elected by the said District meetings as aforesaid. 4. A meeting of the said Corporation shall be annually holden 12 V C .65] EDUCATION. 441 on the third Saturday in June in each and every year, in or near the said Academy in Sackville. 5. Any two of the members of the said Corporation shall have power, at any time after fifteen days notice, to call extra- ordinary meetings of the said Corporation, specifying in such notice the time and object of such meeting, which meeting shall be holden in or near the said Academy at Sackville, and no business shall be done thereat other than what is specified in such notice. 6. Six members of the said Corporation shall form a quorum for the transaction of business, but any less number may adjourn from time to time till a full attendance can be obtained, and in no case shall any corporate act or vote be binding unless it is assented to by at least four members of the said Corporation. 7. In the event of the death, resignation, or removal from office of the Principal of the said Academy, the surviving members of the said Corporation shall have power to appoint a Principal, and whenever they may consider the interest of the said Academy requires it, may remove the Principal from office ; provided that in all such cases a majority of the mem- bers of the Corporation for the time being shall agree to such appointment or removal. 8. At all meetings of the said Corporation the members present shall be deemed to constitute a Board, and the Chair- man of the New Brunswick District of Wesleyan Missionaries shall preside thereat; and in case of his sickness, or other necessary absence, the members present shall elect a Chairman. 9. The said Corporation shall have power to appoint a Treasurer, Secretary, and such other officers and servants as they may from time to time deem necessary for carrying on the financial, educational, and other departments of the said Academy, and allow them such compensation for their respec- tive Services as they may deem advisable. 10. On the organization of the said Corporation at the first meeting thereof to be holden in the manner provided by the second Section of this Act, the said Corporation shall be deemed to be fully vested with the title and possession, and fully and legally seized of the said piece or parcel of land conveyed in the said indenture bearing date the twenty sixth day of May in the year of our Lord one thousand eight hundred and forty, 442 EDUCATION. [13 V c 2 without any formal transfer or conveyance thereof from the Trustees mentioned in the said indenture, as fully and effec- tually to all intents and purposes as if it had been conveyed to the said Corporation by the said Trustees according to the terms and provisions in the said indenture mentioned. 11. No person shall teach, maintain, promulgate, or enforce any religious doctrine or practice in the said Academy or any department thereof, or in any religious services held upon the said premises, contrary to what is contained in certain Notes on the New Testament, commonly reported to be the Notes of the said Reverend John Wesley, A. M., and in the first four Volumes of Sermons commonly reputed to have been written and published by him. 12. The annual value of the lands, tenements, and heredi- taments which the said Corporation may at any time hold shall not exceed the sum of one thousand pounds. 13th Victoria — Chapter 2. An Act to settle certain doubts raised under the last Will and Testament of Mark Varley, late of tlie City of Saint John, Brickmaker, but now deceased. Section, Section. 1. Property devised, in whom Tested. 2. Trustees to hold same. Passed 2Wt Jpril 1850. Whereas Mark Varley, late of the City of Saint John, in the City and County. of Saint John, Brickmaker, did on the fourth day of October one thousand eight hundred and for'ty nine, make and publish his last Will and Testament, whereby, inter alia, he did devise and bequeath in the words or to the effect following, that is to say : — " I give, devise, and bequeath all my share and interest in the vessel called the " El-Dorado," owned by Michael Thompson and myself, to the Trustees of the Wesleyan Methodist Church in the City of Saint John, for the establishment and mainte- nance of a Day School : a School House to be built out of the moneys arising from my share, but not to exceed in the cost of the erection thereof the sum of two thousand pounds currency, unless such additional cost be raised by contributions from other parties, or by other means : the said School House 13 V C 2] EDUCATION. 443 to be built of brick or stone: the remainder of the moneys arising from my said share in the said vessel to go to the sup- port of the School establishment, and the payment of the Teachers : the said establishment and School House to be built and maintained in the City of Saint John. It is my wish, however, that the said vessel should be run until it suits the said Michael Thompson's convenience that she be sold : he accounting and paying over to the Trustees of the said School establishment hereby created, and their successors, the pro- ceeds of my share of the said vessel, as earned, to be by them invested in undoubted security on lands, or Government Stocks bearing six per cent, interest, and added to the funds arising from the sale of my said share, when sold. It is my wish, however, that the erection of the School House, and the establishment of the School, should be commenced as soon as sufficient funds are in hand; but until sufficient are in hand, to be invested as aforesaid. And it is also my wish that similar investment should be adopted for all moneys hereby bequeathed by me for the purpose aforesaid, after paying for the erection of the said School House and the necessary expenses attendant upon carrying out the objects of this bequest. " My lot of land and premises in Dock Street, in the City of Saint John, I hereby devise and bequeath to the said Trustees of the Wesleyan Methodist Church, and their successors, to and for the School establishment above created, subject never- theless to the payment of the rents arising therefrom to my Brother, John Varley, residing in Hull, Yorkshire, England, during his natural life. It is my Will and Testament, that in case there should be any incompetency in the parties herein- before named as Trustees, to accept and carry out the trust for the said School hereby created, then I devise and bequeath the several properties and estates, both real and personal, hereinbefore devised and bequeathed for the purpose aforesaid, to such body or bodies belonging to the Wesleyan Methodist Church in the City of Saint John, and their successors, heirs, or assigns, as will be competent to accept and carry out such trust ; and that in case any question thereabout should arise, then and until the same should be determined, it is my wish that my executors hereinafter named should receive, collect, and invest the funds herein for that purpose devised, in the 444 EDUCATION. [13 V c 2 manner before provided, and pay over the same, with all accu- mulation thereof, to the party or parties entitled to receive the same, and for the purpose aforesaid. I do give, devise, and bequeath my lot of land and freehold property in Lower Cove, in the City of Saint John, together with the buildings and improvements thereon, to the Trustees of the School Fund hereinbefore created, to and for the purposes of the said School, and subject to' the trusts for the same createdi;" And did nominate and appoint Thomas Parks, of the City of Saint John, Merchant, and William F. Smith, of the same place. Mason, executors of his said Will: And whereas the said Mark Varley has departed this life : And whereas the said Will was duly executed according to the Laws of this Province for passing real and personal estate, and the same has been duly proved, and is now on file in the Office of the Registrar of Probates for the City and County of Saint John: And whereas the executors of tlie said estate are anx;ious to carry out the provisions of the said Will, but doubts have been raised as to the identity of the Trustees named in the Will, and those actually in existence in the City of Saint John, and of the ability of such Trustees and their successors to take said pro- perty, without the intervention and aid of the Court of Chancery or the Legislature : And whereas it is expedient that such doubts should be disposed of, and the said trust estate saved from the expenses of a suit in equity, and the charitable inten- tions of the testator carried into effect with as little delay as possible : And whereas Gilbert T. Ray, George A. Lockhart, George Whittaker, John B. Gaynor, Edward E. Lockhart, David Collins, Richard Whiteside, Senior, Henry Whiteside, Edward T. Knowles, James Smith, Richard W. Thorne, Edward Lloyd, Daniel J. M'Laughlin, William Till, Aaron Eaton, George P. Sancton, William A. Robertson, John Gardner, Michael Thompson, Colin E. Cross, Robert Salter, Isaac Olive, James Olive, William Beattie, G. B. Vaughan, J. J. Clarke, Zachariah Adams, Benjamin TibbitS, William O. Theal, Thomas Thompson, and John Jordan, now are the Trustees of the Wesleyan Methodist Church in the City of Saint John, in connexion with the British Conference, aiid the Trustees contemplated and intended by the said testator, Mark Varley, in his said last Will and Testament, and they have 13 V C 2] EDUCATION. 445 been duly appointed under the provisions of the respective deeds of trust of the several Wesleyan Chapels in the said City;— Be it therefore enacted, ^c. — 1. The said Gilbert T. Ray, George A. iLockhart, George Whittaker, John B. Gaynor, Edwrard E. Lockhart, David Collins, Richard Whiteside, Senior, Henry Whiteside, Edward T. Knowles, James Smith, Richard W. Thorne, Edward Lloyd, Daniel J. McLaughlin, William Till, Aaron Eaton, George P. Sancton, William A. Robertson, John Gardner, Michael Thompson, Colin E. Cross, Robert Salter, Isaac Olive, James Olive, William Beattie, G. B. Vaughan, J. J. Clarke, Zachariah Adams, Benjamin Tib- bits, William O. Theal, Thomas Thompson, and John Jordan, nowbeitjg the Trustees of the said Wesleyan Methodist Church in the City of Saint John, in connexion with the British Con- ference, appointed as hereinbefore recited, and their successors being in like manner duly appointed, are hereby declared to be vested with the said property, real and personal, so herein- before recited to have been devised upon the Trusts, and subject to the provisions, stipulations, and conditions in said Will contained, and the same shall be so held by them so long as they shall so continue to be such Trustees, and their suc- cessors tO'be duly appointed as hereinbefore recited, ;for ever; saving nevertheless, the rights of Her Majesty, and of all persons, heirs, executors, devisees, legatees, creditors, bodies corporate, and others of, in, and to the said property herein- before mentioned to have been devised and bequeathed. 2. The said Gilbert T. Ray, George A. Lockhart, George Whittaker, John B. Gaynor, Edward E. Lockhart, David Collins, Richard Whiteside, Senior, Henry Whiteside, Edward T. Knowles, James Smith, Richard W. Thorne, Edward Lloyd, Daniel J. M'Laughlin, William Till, Aaron Eaton, George P. Sancton, William A. Robertson, John Gardner, Michael Thompson, Colin E. Cross, Robert Saher, Isaac Olive, James Olive, William Beattie, G. B. Vaughan, J. J. Clarke, Zachariah Adams, Benjamin Tibbits, William O. Theal, Thomas Thompson, and John Jordan, so long as they shall continue to be such Trustees, and their successors, are hereby declared to be the Trustees under the said Will, and as such, vested with the said trust property, real and personal, 446 EDUCATION. [13 V c' 2 and all accumulations thereof, and all and every other property, real and personal, that may at any time or times hereafter be given, devised, or granted to them, or purchased by them, or which may or ought in any way come to their hands to be applied in aid of or in addition to such trust fund; and the said executors of the said estate are hereby authorized and empowered to hand over to the said Trustees as aforesaid, all the property, real and personal, bequeathed and devised under the said Will, as hereinbefore recited ; and the said trust property and funds, and all accumulations thereof and additions thereto as aforesaid, whether real or personal, shall by opera- tion of law vest in the said Trustees and their successors, upon the trusts, and for the uses and purposes in said Will contained; and the said Trustees, and their successors to be appointed as aforesaid, shall at all times hereafter, with reference to the management and control of the said trust property, and the accumulations thereof, or additions thereto, both real and per- sonal, be known as " The Trustees of the Wesleyan Methodist Church in the City of Saint John ;" and with reference to all matters connected with such trust property or fund, or growing thereout, may sue and be sued, implead and be impleaded in all Courts of Justice, by and under the name of" The Trustees of the Wesleyan Methodist Church in the City of Saint John." 3Vc73, 8Vc97] benevolent societies. 447 ItEMETOi:iarovided that the real estate which the said Corporation may hold at any one time shall not exceed the sum of two thousand pounds in value. 10th Victoria — Chapter 28. An Act to incorporate the Saint Andrews Benefit Society, Section. Section. I.. IncorpqratioQ of Soc^etv. 6. Property of Society alone responsible for " " I La ' ' . . . • S. Bye Laws, how framed. debt, &c. .3. Qeneval annji^l meeting, wlten held. 7. Surplus funds, how invested. 4. interest in fund not assignable. 8. Society, when dissolved, &c. 5. Property of Sofaety, for what qot liable. Passed 23rd March I847. WhsEEAS aq Asspciatioi) has been in operation in the Town of Saint Andrews since the year one thousand eight 29 459 BENEVOLENT SOCIETIES. [10 V C 28 hundred and twenty five, for the purpose of raising a fund for the mutual assistance and benefit of the members thereof in case of sickness, accident, or old age : And whereas the operations of the said Association have been productive of much benefit : And whereas it is desirable that the said Association should be protected by an Act of Incorporation ; therefore — , Be it enacted, Sfc. — 1. Donald D. Morrison, Thomas Sime, Peter Smith, Peter Sime, Miles S. Hannah, Jacob Paul, Thomas Berry, Cornelius Connelly, George M'Cullock, and such other persons as are now or may hereafter become members of the said Association, agreeably to the rules, bye laws, and regulations of the same, their associates and succes- sors, be and they are hereby erected into a body corporate, by the name of " The Saint Andrews Benefit Society," and shall have all the powers and privileges made incident to a Corpo- ration by Act of Assembly of this Province, for the purpose of accumulating a fund from which mutual assistance can be afforded to the members thereof in case of sickness, accident, or old age, and for that pu rpose only. 2. A meeting of the said Corporation shall be called by Miles S. Hannah, or in case of his death, absence, neglect, or refusal, by any two members of the said Society, by giving two days notice of such meeting in any Newspaper published in the Town of Saint Andrews, for the purpose of establishing bye laws, and making such rules and regulations as may be deemed necessary for the management of the said Society, and for the purpose of appointing such officers as may be necessary for the management of said Society ; which oflclcers so elected shall serve until the first annual meeting, or until others are chosen in their stead, and shall have full power and authority to manage the affairs of the said Society, subject to the bye laws established at the said meeting ; provided always,; that the said bye laws may be altered and amended at any annual meeting thereafter to be held, in such manner as two thirds of the members present at such meeting may direct ; three months previous notice of such alteration or amendment having been given. 3. A general meeting of the members of the said Society shall be held on the [the word here omitted is repealed by 17 10 V C 28] BENEVOLENT SOCIETIES. 451 V. c. 44,] Tuesday in March in each and every year, for the election of officers for the management of the said Society, and the transaction of such other business as may be provided for by the bye laws, rules, and regulations of the said Society. 4. No member of the said Society shall have any power to assign, transfer, or set over unto any person or persons what- soever, any interest which he may have in, or claim to, the funds or property of the said Society ; but the same shall at all times after the passing of this Act be subject to and under control of the said Society. 5. No property of any kind whatsoever belonging to the said Society shall he subject to the payments of the debts of any of its members ; nor shall the same be liable to be taken in execution by any judgment creditor against any of the members of the said Society. 6. The property of the said Society shall alone be responsi- ble for the debts and engagements of the same, 7. It shall and may be lawful to and for the Treasurer of the said Society, and he is hereby authorized and empowered, from time to time, by and with the consent of the said Society, to be had and testified in such manner as may be directed by the bye laws, rules, and regulations of the said Society, to lay out and dispose of all such sums of money as shall at any time be collected, given, or paid to and for the beneficial ends, intents, and purposes of such Society, as the exigencies of such Society shall not call for the immediate application or expen- diture of, either on private securities, to be approved of as aforesaid, (such securities to be taken in the name of the said Corporation,) or to invest the same in real estate, or the public or other stocks or funds, in the name of the said Corporation, and from time to time, with such consent as aforesaid, to alter, sell, and transfer such securities, real estate, and funds respec- tively. 8. The said Society shall not be dissolved, nor shall any appropriation be made of its funds contrary to the meaning of this Act, while any three of the members of the same object thereto. 452 BENEVOLENT SOCIETIES. [10 V C 83 10th Victoria — ^Chapter 83. An Act for the regulation of Benefit Building Societies. Section. Section. 1. Societies, for what purposes establisbed, 16. Executors, 8ic,, when to pay money due powers, Ac. , Society. 2. BonuSb &c., when not Itasaiios*. 17. iEfibcts of Societies, iit wliom vested. 3.. Forms of conreyances, &c., how to be 18. Trustees, limitation of responsibility. '^ * made. ' 1&. Payment to next ofltin, when. 4. Kqles of Society, to whom subniitted, &c. SO. Payment of-sums of limited amount. 5, To whom submitted, if no certificate. SI. Cases of fraud', &c.,'by whom heard, fi. Fee to Barrister on submission. S3. Kules for set^tling disputes. 7. Until when, Societies not entitled to 33. References on disputes^ benefit of Act. S4. What orders on disp<4ea final. 8. When rules to be binding, and on whom. S5. Minors, powers of. 9. When roles not to be altered. S6. Annual audits^ Ac, how made. ' 10. What rules to specify. S7. When members may be witnesses. 11. Officers, how appointed. S8. What sufiicient to discharge mortgage, 12. Comn>itteeB, how appointed, ftc. S9. Funds, whe^e not to be inrested. 13. Trea'surei:, what accounts to render. 30. When Act extended to all Building 14. Conveyance, how made when Trustees Societies. out of jurisdicton, &c. 31. Interpretation clause. 15. Fee, wbei> not allowed. 32. When Act may be anaended. Schedule. ',r Passed Hlh ^pril 1847. Whereas certain Societies, commonly called Building Societies, have been established in different parts of the United Kingdom of Great Britain, and in the Province of Canada, principally amongst the industrious classes, for the purpose of raising by small periodical subscriptions a fund to assist the members thereof in obtaining a small freehold or leasehold property, and it is expedient to afibrd encouragement and protection to such Societies, and the property obtained therewith in this Province ; — Be it therefore enacted, Ifc. — 1. It shall and may be lawful for any number of persons in this Province to form themselves into and establish Societies for the purpose of raising by the monthly or other subscriptions of the several members of sucb Societies, shares not exceeding the value of one hundred and fifty pounds for each share, such subscriptions not to exceed in the whole twenty shiUings per month for each share, a stock or fund for the purpose of enabling each member thereof to receive out of the funds of such Society the amount or value of his or her share or shares therein, to erect or purchase one or more dwelling house or dwelling houses, or other real or leasehold estate, to be secured by way of mortgage to sueb Society, until the amount or value of his or her shares S'ball have been fully repaid to such Society, with the interest there- on, and all fines or other payments incurred in respect thereof, and to and for the several members of each Society from time 10 V C 83] BENEVOLENT SOCIETIES. 453 « to time to assemble together, and to make, ordain, and con- stitute such proper and wholesome rules and regulations for the government and guidance of the same, as to the major part of the members of such Society so assembled together shall seem meet, so as such rules shall not be repugnant to the express provisions of this Act, and to the general laws of this Province, and to impose and inflict such reasonable fines, penalties, and forfeitures upon the several members of any such Society who shall offend against any such rules, as the members may think fit, to be respectively paid to such uses for the benefit of such Society, as such Society by such rules shall direct, and also from time to time to alter and amend such rules as occasion shall require, or annul or repeal the same, and to make new rules in lieu thereof, under such restrictions as are in this Act contained ; provided that no member shall receive or be entitled to receive from the funds of such Society any interest or dividend by way of annual or other periodical profit upon any shares in such Society, until the amount or value of his or her share shall have been realized, except on the withdrawal of such member according to the rules of such Society then in force. 2. It shall and may be lawful to and for any such Society to have and receive from any member or members thereof, any sum or sums of money by way of bonus on any share or shares for the privilege of receiving the same in advance prior to the same being realized, and also any interest for the share or shares so received on any part therepf, without beino' subject or liable on account thereof to any of the forfeitures or penialties imposed by any Act or Acts of Assembly relating to usury. 3. It shall and may be lawful to and for any such Society, in and by the rules thereof, to describe the form or forms of conveyance, mortgage, transfer, agreement, bond, or other instrument which may be necessary for carrying the purposes of the said Society into execution, and which shall be specified and set forth in a Schedule to be annexed to the rules of such Society, and duly certified and deposited as hereinafter pro- vided. 4. Two transcripts, fairly written on paper or parchment, of A\\ rules made in pursuance of this Act, signed by three 454 BENEVOLENT SOCIETIES. [10 V c'SJfc: members, and countersigned by the Secretary of any such Society, (accompanied in the case of an alteration or amend- ment of rules, with an affidavit of the Secretary, or one of the officers of the said Society, that the provisions of this Act have, been duly complied with) with all convenient speed after the same shall be made, altered, or amended, and so from time to time after every making, altering, or amending thereof,, shall be submitted to the Barrister at Law as may be appointed by Her Majesty's Attorney General of this Province, for the pur- pose of ascertaining whether the said rules of such Society, or alteration, or amendment thereofj are calculated to carry into effect the intention of the parties framing such rules, altera- tions, or amendments, and are in conformity to law and to the provisions of this Act, and the said Barrister shall advise with, the said Secretary, if required, and shall give a certificate on each side of the said transcripts, that the same are in con- formity to law and to the provisions of this Act, or point out in what part or parts the said rules are repugnant thereto, and the Barrister for advising as aforesaid, and perusing the rules, or alterations, or amendments of the rules of each respective Society, and giving such certificates as aforesaid, shall demand no further fee than the sum of one guinea, which shall be defrayed by each Society respectively ; and one of such transcripts, when certified by the said Barrister, shall be returned to the Society, and the other of such transcripts shall be transmitted by such Barrister to the Clerk of the Peace for the County wherein such Society shall be formed, and by him laid before the Justices for such County at the General Sessions of the Peace, or adjournment thereof, held next after the time when such transcript shall have been so certified and trans- mitted to him as aforesaid ; and the Justices then and there present are hereby authorized and required, without motion, to allow and confirm the same; and such transcript shall be filed by such Clerk of the Peace with the Rolls of the Sessions of the Peace in his custody, without fee or reward; and all rules, altera,tions, and amendments thereof, from the time when the same shall be certified by the said Barrister, shall be binding on the several members and officers uf the said Society, and all persons having interest therein. 5. Provided always, that in case any such Barrister shall 10 V C 83] BENEVOLENT SOCIETIES. ' 455 refuse to certify all or any of the rules so to be submitted for his perusal and examination, it shall then be lawful for any such Society to submit the same to the Court of General Sessions of the Peace, together with the reasons assigned by the said Barrister, in writing, for any such rejection or disapproval of any one or more such rules, and the Justices at their said General Sessions shall and may, if they think fit, confirm and allow the same, notwithstanding any such rejection or disap- proval by any such Barrister. 6. Provided always, that the said Barrister shall be entitled to no further fee for or in respect of any alteration or amend- ment of any rules, upon which one fee has been already paid to the said Barrister, within the period of three years ; provided also, that if any rules, alterations, or amendments are sent to such Barrister, accompanied with an affidavit of being a copy of any rules, or alterations, or amendments of the rules of any other Society, which shall have been already enrolled under the provisions of this Act, the said Barrister shall certify and return the same as aforesaid without being, entitled to any fee for such certificate. 7. No such Society as aforesaid shall have the benefit of this Act, unless all the rules for the management thereof shall be entered in a book to be kept by the Secretary of such Society, and which book shall be open at all seasonable times for the inspection of the members of such Society ; but nevertheless, nothing contained herein shall extend to prevent any alteration in or amendment of pny such rules so entered, and deposited, and filed as aforesaid, or repealing or annulling the same, or any of them, in the whole or in part, or making any new rules for the management of such Society, in such manner as by the rules of such Society shall from time to time be provided ; but such new rules, or such alterations in, or amendments of former rules, or any order annulling or repealing any former rules, in the whole or in part, shall not be in force until the same respec- tively shall be entered in such book as aforesaid, and certified, when necessary, by such Barrister as aforesaid, and until a transcript thereof shall be deposited with such Clerk of the Peace as aforesaid, who shall file and certify the same as aforesaid. 8. All rules from time to time made and in force for the 436 BENEVOLENT SOCIETIES. [10 V 6 83 management of such Society as aforesaidy and duly enteredja such book as aforesaid, and confirmed by the Justices as afore- said, shall be binding on the several members and officers of such Society, and the several contributors thereto, and their representatives, all of whom shall be deemed and taken to have full notice thereof by such entry and contribution as afore- said ; and the entry of such rules in such book as aforesaid, or the transcript thereof deposited with such Clerk of the Peace as aforesaid, or a true copy of such transcript, examined with the original, and proved to be a true copy, shall be received as evidence of such rules respectively in all cases, and no certio-' rari or other legal process shall be brought or allowed to remove any such rules into any Court of Judicature of this Ptovince, and every copy of any such transcript deposited with any Clerk of the Peace as aforesaid, shall be made without fee or reward, except the actual expense of making such copy. 9. No rale confirmed by the Justi(ies of the Peace in manner aforesaid, shall be altered, rescinded, or repealed, unless at a general meeting of the members of such Society as aforesaid^ convened by public notice, written or printed, signed by the Secretary or President of such Society, in pursuance of a requisition for that purpose by seven or more of the members of such Society, which said requisition and notice shall be publicly read at the two usual meetings of such Society to be held next befofe such general meeting, for the purpose of such alteration, or repeal, unless a Committee of such members shall have been nominated for that purpose at a general meeting of th'e members of sUch Society convened in manner aforesaid, in tvhi&h ease such Committee shall have the like power to make Such alterations or repeal, and unless such alteration or repeal shall be made with the concurrence and approbation of three fourths of tbe otembers of such Society then and there present* o^ by the like proportion of such Committee as aforesaid, if any shall have been nominated for that purpose. 10. The rules of every Society formed under the authority of this Act^ shall specify the place or places at which it is intended such Society shall hold its meetings, and contain pro- visions with respect to the powers and duties of the members at large, and of such Committees or officers as may be appointed for the managenfient of the affairs of such Society ; provided 10 V C 83] BENEVOLENT SOCIETIES. 457 always, that it shall and may be lawful for any such S-ociety to alter their place or placed of meeting whenever they may con- sider it necessary, upon giving notice thereof in writing to the Clerk of the Peace for the County within which such Society shall be held, the said notice to be given within seven days before or after such removal, and signed by the Secretary or other principal officer, and also by three or more of the mem- bers of the said Society ; and provided that the place or places at which such Society intend to hold their meetings shall be situate within the County in which the rules of the said Society are enrolled. 11. Every such Society shall and may from time to time, at any of their usual meetings, or by their committee, if any such shall be appointed for that Society, elect and appoint such person into the office of Trustee, President, Secretary, Sur- veyor, or Treasurer of such Society, as they shall think proper, and also shall and may from time to time elect and appoint such other officers as shall be deemed necessary to carry into execution the purposes of such Society, for such space of time and for such purposes as shall be fixed and established by the rules of such Society, and from time to time to elect and appoint others in the room of those who shall vacate or die ; and such Trustee, Treasurer, and all and every other officer or other person whatever, who shall be appointed to any office in any wise touching or concerning the receipt, management, or expenditure of any sum of money collected for the purpose of any such Society, before he, she, or they shall be admitted to take upon him, her, or thiem, the execution of any such office or trust, (if required so to do by the rules of such Society to which such officer shall belong,) shall become bound in a bond according to the form prescribed in the Schedule to this Act annexed, with two sufficient sureties, for the just and faithful execution of such office or trust, and for rendering a just and true account according to the rules of such Society, and in all matters lawful to pay obedience to the same, in such penal sum of money as by the major part of such Society, at any such meeting as aforesaid, shall be thought expedient, and to the satisfaction of such Society ; and every such Bond to be given by or on the behalf of such Trustee or Treasurer, or of any other person appointed to any other office or trust, shall 458 BENEVOLENT SOCIETIES. [10 V C 83 be given to the Clerk of the Peace of the County where such Society shall be established, for the time being, without fee or reward ; and in case of forfeiture, it shall be lawful to sue upon such bond in the name of the Clerk of the Peace for the time being, for the use of the said Society, fully indemnifying and saving harmless such Clerk of the Peace from all costs and charges in respect of such suit. 12. Every such Society shall and may from time to time elect and appoint any number of the members of such Society to be a Committee, the number thereof to be declared in the rules of every such Society, and shall and may delegate to such Committee all or any of the powers given by this Act to be executed, who being so delegated, shall continue to act as such Committee for and during such time as they shall be appointed for such Society, for general purposes, the powers of such Commitee being first declared in and by the rules of such Society, confirmed by the Justices of the Peace at their Sessions, and filed in the manner hereinbefore directed ; and all acts and orders of such Committee, under the powers so delegated to them, shall have the like force and effect as the acts and orders of such Society, at any general meeting there- of, could or might have had in pursuance of this Act ; provide always, that the transactions of such Committee shall be entered in a book belonging to such Society, and shall be from time to time and at all times subject and liable to the review, allowance or disallowance, andcontrolof such Society, in such manner and ibrm as such Society shall, by their general rules, confirmed by the Justices, and filed as aforesaid, have directed and appointed, or shall in like manner direct and appoint. 13. Every person who shall have or receive any part of the moneys, effects, or funds of or belonging to any such Society, or shall in any manner have been or shall be intrusted with the disposal, management, or custody thereof, or of any secu- rities, books, papers, or property relating to the same, his or her executors, administrators, and assigns respectively, shall upon demand made, or notice in writing given, or left at the last or usual place of residence of such persons, in pursuance of any order of such Society, or Committee to be appointed as aforesaid, give in his or her account at the usual meeting of such Society, or to such Committee thereof as aforesaid, to be 10 V C 83} BENEVOLENT SOCIETIES. 459 examined and allowed or disallowed by such Society or Com- mittee thereof, and shall, on the like demand or notice, pay over all the moneys remaining in his or her hands, and assign and transfer or deliver all securities and effects, books, papers, and property taken or standing in his or her name as afore- said, or being in his or her hands or custody, to the Trustee or Treasurer for the time being, or to such other person as such Society, or Committee thereof, shall appoint ; and in case of any neglect or refusal to deliver such account, or to pay over such moneys, or to assign, transfer, or deliver such secu- rities and effects, books, papers, and property, in manner aforesaid, it shall and may be lawful to and for every such Society, in the name of the Trustees or Treasurer, or other principal officer thereof, as the case may be, to exhibit a petition to the Supreme Court of this Province, who shall and may proceed thereon in a summary way, and make such order therein, upon hearing all parties concerned, as to such Court, in their discretion, shall seem just, which order shall be final and conclusive ; and all assignments, sales, and transfers made in pursuance of such order, shall be good and effectual in law to all intents and purposes whatsoever. 14. When and so often as any person seized or possessed of any lands, tenements, or hereditaments, or other property, or any estate, or interest therein, as a Trustee of any such Society, shall be out of the jurisdiction of, or not amenable to the pro- cess of the Supreme Court of this Province, or shall be idiot, lunatic, or of unsound mind, or it shall be unknown or un- certain whether he or she be living or dead, or such person shall refuse to convey, or otherwise assure such landsj tene- ments, hereditaments, or property, or estate, or interest, to the person duly nominated as Trustee of such Societyin their stead, either alone or together with any continuing Trustee, as occasion shall require, then and in every or any such case, it shall be lawful for the Judges of the said Court to appoint such person as to such Court shall seem meet, on behalf and in the name of the person seized or possessed as aforesaid, to convey, surrender, release, assign, or otherwise assure the said lands, tenements, hereditaments, or property, or estate, or interest, to such Trustee so duly nominated as aforesaid ; and every such conveyance, release, surrender, assignment, or 460 BENEVOLENT SOCIETIES. [10 V C 83 assurance, shall be as valid and efTectual to all intents and purposes as if the person being out of the jurisdiction or not amenable to the process of the said Court, or not known to be alive, or having refused, or as if the person being idiot, lunatic, or of unsound mind, had been at the time of the execution thereof of sane mind, memory, and understanding, and had by himself or herself executed the same. 15. No fee, reward, emolument, or gratuity whatsoever, shall be demanded, taken, or received by any officer of such Court for any matter or thing done in such Court in pursuance of this Act, and upon the presenting of any such petition, it shall be lawful for the Judges of the said Court to assign Counsel learned in the law, on behalf of such Society, who are hereby respectively required to do their duties therein \vithout fee or reward. J6. If any person who may hereafter be appointed to any office in any such Societyj and being intrusted with the keeping of the accounts, or having in his hands or possession, by virtue of his said office or em[iloyment, any moneys or effects belong- ing to such Society^ or any deeds or securities relating to the same^ shall die, or become bankrupt, or insolvent, or have any execution, or attachment, or other process issued against his lands, goods, chattels, or effects, or property, or estate, heritable or moveable, or make any disposition, assignment, or other conveyance thereof, for the benefit of his creditors, his heirs, executors, administrators, or assigns, or other person having legal right, or the SherifFor other officer executing such process, shall within forty days after demand made in writing, by the order of any such Society or Committee thereof, or the major part of them assembled at any meeting thereof, deliver and pay over all moneys and other things belonging to such Society, to such person as such Society or Committee shall appoint, and shall pay out of (he estates, assets, or effects, heritable or m6veable> of such persons, all sums of money remaining due, which such persofl received by virtue of his said office or em- ployment, before any other of his debts are paid or satisfied^ or before the money directed to be levied by such process as aforesaid, or which may be recovered or recoverable under the same, is paid over to the party issuing such process, and aH such assets, lands, goods, chattels, propertyj estates^ and 10 "V C 83] BENEVOLENT SOCIETIES. 461 effects, shall be bound to the payment and discharge thereof accordrngly. 17. All real and heritable property, moneys, goods, chattels, and effects whatever, and all titles, securities for money, or other obligatory instruments and evidences or muniments, and all other effects whatever, and all rights or claims belonging to or had by such Society, shall be vested in the Trustees or Treasurer of such Society for the time being, for the use and benefit of such Society, and the respective members thereof, their respective executors or administrators, according to their respective claims and interests ; and after the death or removal of any Trustee or Treasurer, shall vest in the succeeding Trustee or Treasurer for the same estate or interest as the former Trustee or Treasurer had therein, aijd subject to the same trusts, without any assignment or conveyance whatever, and also shall for all purposes of action or suit, as well criminal as civil, in law or in equity, in any wise touching or concerning the same, be deemed and taken to be, and shall in every such proceeding (where necessary) be stated to be the property of the person appointed to the office of Trustee or Treasurer of such Society for the time being, in his or her proper name, without further description ; and such person shall, and he or she is hereby res'pectively authorized to bring or defend, or cause to be brought or defended, any action, suit, or prosecu- tion, criminal as well as civil, in law or in equity, touching or concerning the property, right, or claim aforesaid, of, or belong- ing to, or had by such Society ; provided that such person shall have been thereunto duly authorized by the consent of the majority of members present at any meeting of the Society or Committee thereof; and such person so appointed shall and may in all cases concerning the property, right, or claim afore- said of such Society, sue and be sued, plead and be impleaded, in his or her proper name, as Trustee or Treasurer of such Society, without other description ; and no such suit, action, or prosecution shall be discontinued or abate by the death of such person, or his or her removal from the office of Trustee or Treasurer, but the same shall and may be proceeded in by the succeeding Trustee or Treasurer, in the proper name of the person commencing the same, any law, usage, or custom to the contrary notwithstanding ; and such succeeding Trustee 462 BENEVOLENT SOCIETIES. [10 V C 83 or Treasurer, shall pay or receive like costs as if the action or suit had been commenced in his or her name, for the benefit of or to be reimbursed from the funds of such Society. 18. The Trustees, or Treasurer, or any officer of any Society established under the authority of this Act, shall not be liable to make good any deficiency which may arise in the funds of such Society, unless such persons shall have respectively de- clared by writing, under their hands, deposited and registered in like manner with the rules of such Society, that they are willing so to be answerable, and it shall be lawful for each of such persons, or for such persons collectively, to limit his, her, or their responsibility to such a sum as shall be specified in any such instrument or writing; provided always, that the said Trustee and Trustees, or Treasurer, and every the officer of any such Society, shall be and they are hereby declared to be personally responsible and liable for all moneys actually re- ceived by him, her, or them, on account of, or to, or for the use of the said Society. 19. Whenever the Trustees of any Society established under this Act, at any time after the decease of any member, have paid and divided any sum of money to or amongst; any person or persons who shall at the time of such payment appear to such Trustees to be entitled to the effects of any deceased intestate member, the payment of any such sum or sums of money shall be valid and eflTectual with respect to any demand of any other person or persons as next of kin of such deceased intestate member against the funds of such Society, or against the Trustees thereof, but nevertheless such next of kin or representative shall have remedy for such money so paid as aforesaid, against the person or persons who shall have received the same. ' " 20. In case any member of any Society shall die, who shall be entitled to any sum not exceeding twenty pounds, it shall be lawful for the Trustees or Treasurer of such Society, and they are hereby authorized and permitted, if such Trustees or Treasurer shall be satisfied that no will was made and left by such deceased member, and that no letters of administration will be taken out of the funds, goods, and chattels of such depositor, to pay the same at any time after the decease of such member, according to the rules and regulations of the 10 V C 83] BENEVOLENT SOCIETIES. 463 said Society ; and in the event of there being no rules and regu- lations made in that behalf, then the said Trustee or Treasurer are hereby authorized and permitted to pay and divide the same to and amongst the person or persons entitled to the effects of the deceased intestate, and that without administration. 21. For the more effectually preventing fraud and imposition on the funds of such Societies, if any officer, member, or any other person, being, or representing himself or herself to be a member of such Society, or the nominee, execntor, adminis- trator, or assignee of any member of such Society, or any other person whatever, shall in or by any false representation or im- position, fraudulently obtain possession of the moneys of such Society, or any part thereof, or having in his or her possession any sum of money belonging to such Society, shall fraudulently withhold the same, and for which offence no especial provision is made in the rules of such Society, it shall be lawful for any one Justice of the Peace residing -within the County within which such Society shall be held, upon complaint made on oath by an officer of such Society, to summon such person >against whom such complaint shall be made, to appear at a time and place to be named in such summons, and upon his or her appearance, or iu default thereof, upon due proof upon oath of the service of such summons, it shall and may be lawful for any two Justices residing within the County aforesaid, to hear and determine the said complaint, according to the rules of the said Society, confirmed as directed by this Act ; and upon due proof of such fraud, the said Justices shall convict the said party, and award double the amount of the money so fraudu- lently obtained or withheld, to be paid to the Treasurer, to be applied by him to the purposes of the Society so proved to have been imposed upon and defrauded, together with such costs as shall be awarded by the said Justices, not exceeding the sum of ten shillings; and in case such person against whom such complaint shall be made, shall not pay the sum of «>oney so awarded to the person, and at the time specified in the said order, such Justices are hereby required by warrant under their hands and seals, to cause the same to be levied by distress and sale of goods of such person on whom such order shall have .been made, or by other legal proceeding, together with such costs as shall be awarded by the said Justices, not exceeding 464 BENEVOLENT SOCIETIES. [10 V C 83 the sum often shillingsi, and also the costs and charges attend^ ing such distress and sale, or other legal proceeding, returning the overplus (if any) to the owner ; and in default of such dis- tress being found, the said Justices of the Peace shall commit such person so proved to have offended to the Provincial Penitentiary, there to be kept at hard labour for such a period not exceeding three calendar months, as to them shall seem 6t ; provided nevertheless, that nothimg herein contained shall prevent the said Society from proceeding by indictment or complaint against the party complained of; and provided also, that no party shall be proceeded against by indictment or com- plaint if a previous conviction has been obtained for the same o^ence under the provision^ of this Act. 22. Provision shall be made by one or more of the rules of every such Society, to be confirmed as required by this Act, specii^ing whether a reference of every matter in dispute between any such Society, or any person acting under the^, and any individual member thereof, or person claiming on account of any member, shall be made to such of Her Majesty's Justices of the Peace as may act in and for the County in which such Society may be formed, or to arbitrators to be appointed in manner hereinafter directed ; and if the matter so in dispute shall be referred to arbitration, certain arbitrators shall be named and elected at the first meeting of such Society, or Committee thereof, that shall be held after the enrqlwent of its rules, none of the said arbitrators being beneficially interested, directly or indirectly, in the funds of the said Society, of whom a certain number, not less than three, shall be chosen by ballot in each such case of dispute, the number g{ the said arbitrators and mode of ballot being determined by the rules of each Society respectively > the names of such arbitrators shall be duly entered in the Book of the said Society in which the rules are entered as aforesaid; and in case of the death, or refusal, or neglect of any or all of the said arbitrators to act, it shall and may be lawful to and for the said Society, or Committee thereof, and they are hereby required, at their next meeting, to name and elect one or more arbitrator or arbitrators as aforesaid, to act in the place of the said arbitrator or arbitrators so dying, or refusing, or negliecting to act as aforesaid; and whatever awaird shall be made by the said 10 V C 83] BENEVOLENT SOCIETIES. 465 arbitrators, or the major part of them, according to the true purport and meaning of the rules of such Society, confirmed by the Justices according to the directions of this Act, shall be in the form to this Act annexed, and shall be binding and conclusive on all parties, and shall be final, to all intents and purposes, without appeal, or being subject to the control of one or more Justices of the Peace, and shall not be removed or removable into any Court of lawf, or restrained or restrainable by the injunction of any Court of equity ; and should either of the said parties in dispute refuse or neglect to comply with or conform to the decision of the said arbitrators, or the major part of them, it shall and may be lawful for any one Justice of the Peace residing within the County within which such Society shall be held, upon good and sufficient proof being adduced before him of such award having been made, and of the refusal of the party to comply therewith, upon complaint made by or on behalf of the party aggrieved, to summon the person against whom such complaint shall be made to appear at a time and place to be named in such summons, and upon his or her appearance, or in default thereof, upon due proof upon oath of the service of such summons, any two Justices of the Peace may proceed to make such order thereupon as to them may seem just ; and if the sum of money so awarded, together with a sum for costs, not exceeding the sum of ten shillings, as to such Justices shall seem meet, shall not be immediately paid, then such Justices shall, by warrant under their hands and seals, cause such sum and costs as aforesaid, to be levied by distress or by distresses and sale of the moneys goods, chattels, securities, and efl'ects belonging to the said party or to the said Society, or other legal proceeding, together with all further costs and charges attending such distress and sale or other legal proceeding, returning the overplus (if any) to the said parly or to the said Society, or to one of the Trustees or Treasurer thereof; and in default of such distress being found, or such other legal proceeding being inefi^ectual, then to be levied by distress and sale of the proper goods of the said party, or of the said Society so neglecting or refusing as aforesaid, by other legal proceedings, together with such further costs and charges as aforesaid, returning the overplus (if any) to the owner ; provided always, that when the rules of 30 466 BENEVOLENT SOCIETIES. [10 V C 83 any Society provide for a reference to arbitrators of any matter in dispute, and it shall appear to any Justice of the Peace, on the complaint, on oath, of a member of any such Society, or of any person claiming on account of such member, that application has been made to such Society, or the Trustees or Treasurer, or other officer thereof, for the purpose of having any dispute so settled by arbitration, and that such application has not within forty days been complied with, or that the arbitrators have neglected or refused to make any award, it shall and may be lawful for such Justice to summon the Trustee, Treasurer, or other officer of the Society, or any one of them against whom the complaint is made, and for any two Justices to bear and determine the matter in dispute, in the same manner as if the rules of the said Society had directed that any matter in dispute as aforesaid should be decided by Justices of the Peace, any thing herein contained to the contrary thereof notwithstanding. 23. If by the rules of any such Society it is directed that any matter in dispute as aforesaid shall be decided by Justices of the Peace, it shall and may be lawful for any such Justice, on complaint being made to him of any refusal or neglect to comply with the rules of such Society by any member or officer thereof, to summon the person against whom such complaint shall be made, to appear at a time and place to be named in such summons, and upon his or her appearance, or in default thereof, upon due proof on oath of the service of such summons, it shall and may be lawful for any two Justices to proceed to hear and determine the said complaint, according to the rules of the said Society ; and in case the said Justices shall adjudge any sum of money to be paid by such person against whom such complaint shall be made, and such person shall not pay such sum of money to the person, and at the time specified by such Justices, they shall proceed to enforce their award in the manner hereinbefore directed to be used, in case of anv neglect to comply with the decision of the arbitrators appointed under the authority of this Act. 24. Every sentence, order, and adjudication of any Justices under this Act, shall i)e final and conclusive to all intents and purposes, and shall not bo subject to appeal, and shall not be removed or removable into any Court of law, or restrained or 10 V C 83] BENEVOLENT SOCIETIES. 467 restrainable by the injunction of any Court of equity, and no suspension, advocation, or reduction siiall be competent. 25. A minor may become a member of any such Society, and shall be empowered to execute all instruments, give all necessary acquittances, and enjoy all the privileges, and be liable to all the responsibilities appertaining to members of matured age, notwithstanding his or her incapacity or dis- ability in law to act for himself or herself; provided always, that such minor be admitted into such Society by and with the consent of his or her parents, masters, or guardians. 26. The rules of every such Society shall provide that the Trustees, Treasurer, or other principal officer thereof, shall once in every year at least, prepare or cause to be prepared a general statement of the funds and effects of or belonging to such Society, specifying in whose custody or possession the said funds or effects shall be then remaining, together with an account of all and every the various sums of money received and expended by or on account of the said Society since the publication of the preceding periodical statement ; and every such periodical statement shall be attested by two or more members of such Society, appointed auditors for that purpose, and shall be countersigned by the Secretary of such Society, and every member shall be entitled to receive from the said Society a copy of such periodical statement, on payment of such sum as the rules of such Society may require, not exceed- ing the sum of six pence. 27. On the trial of any action, indictment, or other proceed- ing respecting the property of any Society enrolled under the authority of this Act, or in any proceedings before any Justice of the Peace, any member of such Society shall be a competent witness, and shall not be objected to on account of any interests he may have as such member in the result of such action, indictment, or other proceeding. 28. It shall be lawful for the Trustees named in any mortgage made on behalf of such Societies, or the survivor or survivors of them, or for the Trustees for the time being, to endorse upon any mortgage or further charge given by any member of such Society to the Trustees thereof for moneys advanced by such Society to any member thereof, a receipt for all moneys intended to be secured by such mortgage or further charge, 468 BENEVOLENT SOCIETIES. [10 V C 83 which shall be sufficient to vacate the same, and vest the estate of and in the property comprised in such security, in the person or persons for the time being entitled to the (Bquity of redemp- tion, without it being necessary for the Trustees of any such Society to give any reconveyance of the property so mortgaged, which receipt shall be specified in a schedule to be annexed to the rules of such Society, duly certified and deposited as aforesaid. 29. Nothing herein contained shall authorize any Building Sociely established under this Act to invest its funds, or any part thereof, in any Savings Bank. 30. All Building Societies hereafter to be established, shall be entitled to the protection and benefits of this Act, but no such Society shall be entitled thereto until their rules shall have been certified and deposited in the manner hereinbefore directed by this Act. 31. Wherever in this Act, in describing or referring to any person, the word importing the singular number or the masculine gender only is used, the same shall be understood to include, and shall be applied to several persons or parties, as well as one person or party, and females as well as males, unless there be something in the subject or Context repugnant to such construction. 32. This Act may be altered, amendied', or repealed at this present or any future Session of Assembly. Schedule referred to in thi^ A^ct. FORM OF AWARD. We, the major part of the arbitrators, duly appointed by the Building Society, established at , in the County of , do hereby award and order, that A. B. {specifying hy name the party or the officer uf the SocietyJ do on the day of , pay to C. D. the sum of , {or we do hereby reinstate in, or expel A. B. from the said Society, as the case may fee.)— Dated this day of , A. D. 18 . E. F. G. H. FORM OF BOND. Know all Men by these Presents, That we A. B. of , Treasurer {or Trustee, &c.) of the Building Society, 10 V C 28] BENEVOLENT SOCIETIES. 469 established at , in the County of , and C. D. of , and G. H. of , (as sureties on behalf of the said A. B.) are jointly and severally bound to E. F., the present Clerkof the Peace for the County of , in the sum of , to be paid to the said E. F. as such Clerk of the Peace or his successor, Clerk of the Peace of the said County of for the time being, or his certain Attorney, for which payment well and truly to be made, we jointly and severally bind ourselves, and each of us by himself, our and each of our heirs, executors, and administrators, firmly by these Presents. Sealed with our Seals. Dated the day of , in the year of our Lord one thousand eight hundred and Whereas the above bounden A. B. hath been duly appointed Treasurer {or Trustee, &c.) of the Building Society established as aforesaid, and he, together with the above bounden C. D. and G. H. as his sureties, have entered into the above written Bond, subject to the condition hereinafter contained. Now therefore the condition of the above written Bond is such, that if the said A. B. shall and do justly and faithfully execute his office of Treasurer {or Trustee, «fec.) of the said Society established as aforesaid, and shall and do render a just and true account of all moneys received and paid by him, and shall and do pay over all the moneys remaining in his hands, and assign and transfer or deliver all securities and effects, books, papers, and property of, or belonging to the said Society, in his hands or custody, to such person or persons as the said Society shall appoint, according to the rules of the said Society, together with the proper or legal receipts or vouchers for such payments, and likewise shall and do in all respects well and truly and faithfully perform and fulfil his office of Treasurer {or Trustee, &c.) to the said Society, according to the rules thereof, then the above written Bond shall be void and of no effect, otherwise shall be and remain in full force and virtue. A. B. [L.8-\ C. D. [L.8.-] G. H. IL.S.] 470 BENEVOLENT SOCIETIES. [17 V C 44 17th Victoria — Chapter 44. s, William J. Caldwell, George Ckrk, Leveret Smith, George L. Slip, Gilbert R. Merrit, and other inhabitants and land owners in the said County, have formed themselves into a Society for the promrition and improveaient of Agrical- ture in said County, an;d it would be more beneficial to the interests of said Swoiety, and enable them more effectually to carry out the intentions and piomote the object thereof, if the said Society were incorporated ; — Be it therefore enacted, ifc. — 1. Leonard Slip., Seaior, 16 V C 57]i AGRICULTURE. 517 William Foshay, James Slip, Seniorj JEbmesi Slip, Junior, William Reed, SamiielL. Peters, William J, Galdwell, George Clark, Leveret Smith, George L. Slip, Gilbert R. Merrit, and the Directors, and all other persons who are now or may hereafter be admitted members of the said Society, their associates and successors, be and they are hereby erected into a body corporate, under the name and' style of " The Queen's County Agricultural Society," for the purpose of promoting and encouraging Agriculture and domestic economy, and for this purpose shall have and enjoy all general powers made incident to Corporations by Act of Assembly of this Province. 16th Victoria — Chapter 57. An Act to alter and amend the Act ineorporatmg the Wakefield and Brighton Agricoltua'al Societj. Section. Section. 1. Annual meeting. S. Officers, how long to continue. Passed 3rd May 1S53. Whereas in and by the Act of the General Assembly fifteenth Victoria, Chapter eighty three, incorporating " The Wakefield and Brighton Agricultural Society," it is provided by the second Section of the said Act, that the general meeting of the mem- bers of the said Corporation for the election of officers be held on the first Tuesday in October in each and every year, which period is found to be inconvenient : And whereas it is deemed ^.dvisable that such election should be held at a later period of the year, to enable the Board of Officers to close the business of &ueh Society for the past year before others are appointed in their stead ; — Be it therefore enaeted, ^c. — 1. From and after the passing of this Act, the general meeting of the members of said Corpo- ration, for the election of officers, as providetl by the second Section of the said Act, shall be held on the last Tuesday in October in each and every year. 2. And whereas at a general meeting of the members of said Corporation held at or near the mouth of the Begaguimick Stream, in the Parish of Brighton, in the said County, on the first Tuesday in October last, one President, five Vice Presi- dents, a Secretary, and a Treasurer, were elected by the votes 518 AGRICULTURE. [16 V C 60 of the said members for the current year ; — The said ofScers so elected as aforesaid shall continue in office until the last Tuesday in October next, or until others are chosen in their stead, any thing in the said A ct to the contrary notwithstanding. 16th Victoria — Chapter 60. An Act to incorporate the Gloucester County Agricultural Society. Section. . Section. 1. Incorporation of Society. 3. Officers, how long to continue. 2. Annual meeting. Passed 3rd May 1853. Whereas certain inhabitants of the County of Gloucester have formed themselves into a Society for promoting the im- provement of Agriculture in the said County, and they are desirous of being incorporated,' to enable them to carry out more effectually the objects of the said Society ; — Be it therefore enacted, ^c. — 1. Samuel L. Bishop, John Woolner, John Chalmers, William Molloy, Hugh A. Caie, and William Napier, their associates and successors, be and they are hereby declared to be a body cbrporate, under the name and style of "The Gloucester County Agricultural Society," for the improvement and encouragement of Agriculture, and for this purpose shall have and enjoy all the powers made inci- dent to Corporations by Act of Assembly of this Province. 2. There shall be a general meeting of the said Corporation annually holden on the last Tuesday in December in each and every year, at Bathurst, in the said County, at which meeting there shall be chosen by a majority of the members, one Presi- dent, two or more Vice Presidents, a Treasurer and Secretary, and nine Directors, who shall continue in office one year, or until others are chosen in their stead ; in the choice of which, each member of the Corporation shall have one vote for each of the aforesaid officers. 3. The officers chosen at a general meeting of the said Society holden at Bathurst aforesaid, on the second Tuesday in February last, are hereby declared to be the officers of the said Society until the last Tuesday in December next, or until others are chosen in their stead. 16 V C 61] AGRICULTURE. 519 16th Victoria — Chapter 61, An Act to incorporate the District Agricultural Societj' for the Parishes of Blackville, Blissfield, and Ludlow, in the County of Northumberland. Section. Section. 1. Incorporation of Society. 3. Officers, how long to continue. 2. Annual meeting. Passed 3rd May 1853. Be it enacted, ifc.-^\. Alexander M'Laggan, John Bergan, Thomas Ward Underhill, Thomas Dunphey, John DeCantillon, James Sangster Mitchell, Hiram Freeze, Moses Hovey, Miles M'MilJan, Walter Richard Price, William M'Kay, James Lechmere Price, and all such other persons as are now or may hereafter be admitted members of the said Society, their asso- ciates and successors, be and they are hereby erected into a body corporate, under the name and style of " The District Agricultural Society for the Parishes of Blackville, Blissfield, and Ludlow, in the County of Northumberland," for the purpose of promoting and encouraging Agriculture, and rural and domestic economy and industry within the said Parishes, and for this purpose shall have and enjoy all general powers made incident to Corporations by Act of Assembly in this Province. 2. There shall be a general meeting of the members of the said Corporation, to be annually holden on the first Wednesday in January in each and every year, in the Parish of Blissfield, at which annual meeting there shall be chosen by a majority thereof, one President, three Vice Presidents, a Treasurer, a Secretary, and nine Directors, who shall continue in ofiice one year, or until others are chosen in their room ; in the choice of which, each member of the said Corporation shall have one vote for each of the aforesaid officers. 3. The officers chosen at a general meeting of the said Society held at Blissfield, in the said County of Northumberland, for the current year, are hereby declared to be the officers of the said Corporation until the first Wednesday in January next, or until others are chosen in their stead. 520 AGRICULTURE. [17 V C 13 I7lh Victoria — Chapter 13. An Act to incofjiorate the Dofchester AgriculturalSociety. Section. Section. 1. Society incorporated. ' 3. Present officers to continue in office until 2. General annual meeting for choice of others chosen. officers. Passed 20th March 1854. Whereas certain Farmers and other inhabitants of the Parish of Dorchester, in the County of Westmorland, have formed themselves into a Society for the encouragement of Agriculture in the said County, and they are desirous of being incorporated, to enable them more effectually to carry out the objects of the said Society ; — ■ Be it therefore enacted, &fc. — 1. William Wilson, ThomaS T. Sayer, Thomas Keillor, John Robb, John Hickman, Junior, Silas C. Charters, Reuben Taylor, Abiel Hick, Cook Smith, John G. G. Layton, and Albert J. Smith, their associates and successors, be a body corporate, under the name and style of •' The Dorchester Agricultural Society," for the encourage- ment of Agriculture ; and for this purpose shall have and enjoy all the powers made incident to Corporations by law. 2, There shall be a general meeting of the said Corporation annually holden on the first Thursday in January in each and tevery year, at Dorchester, in said County, at which meeting there shall be chosen by a majority of the members, one Pre- sident, two Vice Presidents, one Treasurer, one Secretary, and five Directors, who shall continue in oflSce one year, or until others are chosen in their stead; in the choice of which, each member of the Corporation shall have one vote for each of the aforesaid officers. 3. The officers chosen at a general meeting of the said Society holden at Dorchester aforesaid on the first Thursday ill January last, shall be the officers of the said Society utitil the first Thursday in January next, or until others are chosen id their stead. 14 V C 2] FARMERS' LIBRARY SOCIETY. 521 FARIIKBS' I^IBRART 80CIETT. 14th Victoria — Chapter 2. An Act to incorporate the Woodstock Farmers and Mechanics' Library Society. Section 1. — Incorporation of Society. Passed ISth March 1851. Be it enacted, Sfc. — 1. The Farmers and Mechanics' Library Society now established and located at the Upper Village of Woodstock, in the County of Carleton, for the purpose of pro- curing Books on agricultural, mechanical, historical, and other subjects, to form a Library for the use of the members of the said Society, be incorporated; and Joseph Harvey, Senior, James H. Brodrick, William Wiley, Ralph Ketchum, James Edgar, Asahel M. Brodrick, Anthony Kearney, Wingate Weeks, Lewis P. Fisher, David Munro, and such other persons as are or may become members of the said Society, shall be and are hereby constituted a body corporate for that and no other purpose, by the name aforesaid, with all the general powers and privileges incident to Corporations by Act of As- sembly of this Province ; provided always, that the real estate which the said Corporation may at any time hold shall not exceed in value one thousand pounds. 522 barristers' society. [9 V c 48 9th Victoria — Chapter 48. An Act to incorporate the Barristers' Society of New Brunswick. Section. Section. 1. Incorporation of Society. 4. Library, in whom vested. S. Bye laws, &c., when and bow pasGed. 5. Society's room, 3. Bye laws, how enforced and approved. Passed Wth April 1846. Be it enacted, ^c. — 1. From and after the passing of this Act, the Honorable Charles J. Peters, Honorable William B. Kinnear, John Ambrose Street, Honorable Edward B. Chandler, Honorable Lemuel A. Wilmot, William End, Honorable John W. Weldon, William Wright, Alfred L. Street, Francis A. Kinnear, William Carman, Honorable Robert L. Hazen, Charles Fisher, John H. Gray, William J. Ritchie, George Botsford, David S. Kerr, James W. Chandler, George J. Thomson, Richard M. Andrews, George D. Street, D. Ludlow Robinson, James Peters, Junior, George J. Dibblee, Moses H. Perley, George Kerr, Richard Carman, William Jack, Alexander Campbell, William H. Odell, and all other Barristers of the Supreme Court of this Province, or that shall hereafter become Barristers, and who shall signify their assent in writing to the Secretary of the Corporation, shall and they are hereby declared to be a body politic and corporate, by the name of "The Barristers' Society of New Brunswick," and by that name shall have all the general powers, authorities, and privileges made incident to a Corporation by Act of Assembly, for the purpose of establishing order and good conduct among themselves, and of securing to the Province and the Profession a learned and honorable body, and of procuring and maintain- ing a Library for the use of the Corporation. 2. All bye laws and regulations which the said Society shall make and ordain by the authority of this Act, shall be passed at some or one of the Terms of the Supreme Court at Fre- dericton, at a meeting of its members then and there to be holden, and by a majority of the persons present, being mem- bers, at such meeting, which meeting shall be composed of at least thirteen members ; the manner of summoning such Bar 9 V c 48} barristers' society. 523 meetings, together with the order to be preserved in attending the same, and the manner of holding a Bar meeting for ordinary business, (which shall consist of not less than nine members) shall also be regulated by bye laws for that purpose from time to time to be made ; the first regular Bar meeting for the purposes aforesaid to be held on the first Friday in next Trinity Term, in the Library room. 3. The bye laws and regulations which the said Society shall be entitled to make, may be enforced by such moderate and reasonable fines not exceeding for any one breach thereof the sum of two pounds, as in such bye laws and regulations may be specified, the same to be sued for and recovered by the Treasurer or other officer of the Society, in the name of the Corporation, in such manner as in and by the same or any other bye law or regulation may be ordained ; and the said fines when received by the said Treasurer or other officer as aforesaid, shall be appropriated by the said Society in keeping up the said Library, and for the general purposes of the said Corporation ; provided always, that no bye law or regulation whatever made by the said Corporation, shall be of any force or effect until the same shall be sanctioned by the Judges of the Supreme Court of this Province, or any three of them. 4. The property of the Law Library already purchased, with all the furniture and other chattels now in the Library room of the Province Building, shall be and hereby is vested in the said Corporation. 5. It shall and may be lawful for the said Barristers' Society of New Brunswick to occupy and enjoy the use of the room in the Province Building now used as a Law Library, and to have the sole direction and control of the same; provided always, that it shall and may be lawful for the Administrator of the Government for the time being, by and with the advice of the Executive Council of the Province, at any time to resume the possession of the said room. 524 CHAMBER OP COMMERCE. [17 V C 27 CHAMBIBR OF COmUKRCBI. 17th Victoria — Chapter 27. An Act to incorporate the Saint John Chamber of Commerce. Section. Section. 1- ^''"j" incorporation. 12. Power of general meeting to make hjf'e 2. IFunds and property, how applied. laws. 3. Place for serving process. 13. Power of Council to mate bye laws. i. Council, its formation. 14. Subscriptions to whom paid. ,., 5. Officers of Council prior to first election. 15. Meeting of Council open to members. 6. Meeting of Council, time and place; 16. Board of arbitration, how elected ; theii; choice of officers, &c. powers. 7. Vacancy, how supplied. 17. Board to be sworn. ■ J 8. Quurura for business. 18. Who may be member of the board. 9. Qualification for membership, and mode 19, Powers and duties of arbitrators. of election. SO. Affirmation, same as oath. 10. General meeting, how called. 21. Continuation of Act. 11. Additional powers of the Council. 22. The rights of Her Majesty not affected. Passed 1st May 18S4. Whereas the Honorable John Robertson, John Duncan, John V. Thurgar, and others hereinafter named, Merchants, carrying on trade in the City of Saint John, have by their petition to the Legislature represented that they have associated themselves together for some time past, for the purpose of promoting such measures as they might upon due consideration deem calcu- lated to advance and render prosperous the lawful trade and commerce of this Province, and of the said City of Saint John more particularly ; and have further represented that having already experienced the good effects of their said association, and being convinced that the advantages arising from it would be greatjy extended and increased if they and their associates and successors were incorporated, and if certain powers were conferred on them, they pray the Legislature so to incorporate them and grant them such powers: And whereas it is expe- dient to grant the prayer of the said petition j — Be it therefore enacted, ^c. — 1. The said Honorable John Robertson, John Duncan, John V. Thurgar, and John Wishart, William Parks, William H. Street, I'rederick A. Wiggins, Charles Ward, Edward Allison, Robert Jardine, Thomas E. Millidge, Daniel J. M'Laughlin, Frederick W. Wood, John Ward, Stephen Wiggins, Robert Reed, William Wright, Charles Brown, James Smith, Charles M'Lauchlan, George Carvill, John W. Cudlip, Thomas Hanford, Leverett H. Deveber, Alex,ander M'L. Seely, Isaac Woodward, Samuel L. Tilley, James M'Farlane, William G.Lawton, John M.Walker, X7 V C 27] CHAMBER OF COMMERCE. 525 Thomas Vaughan, Nathan S. DemiH, George Young, Francis Ferguson, William H. Adams, Thomas W. Daniel, John A. Morrison, John Hegan, William Doherty, Robert Armstrong, Thomas S. Magee, William Thomson, Joseph Crane, and Joseph Fairweather, and such other persons, being inhabitants of and using trade and commerce in the said City of Saint John or adjacent thereto, as shall be associated with the persons above named for the purposes of this Act in the manner here- inafter provided, and their successors, shall be and are hereby constituted afeody politic and corporate, by the name of " The Chamber of Commerce of Saint John," and by that name shall have all the general powers made incident to Corporations by Acts of Asseimbly of this Province; provided always, that the clear annual value of the real and personal estate together, held by the said Corporation at any one time, shall not exceed two thousand pounds currency; and provided also, that the said Corporation shall not hai e or exercise any corporate powers ■whatsoever except what are expressly conferred on them by this Act, or are necessary for carrying the same into effect according to its true intent and meaning. 2. The funds and property of the said Corporation shall be used and applied to and for such purposes only as may be calculated to extend and promote the just and lawful trade and commerce of this Province, and of the City of Saint John more especially, or as may be necessary for attaining the object for which the said Corporation is constituted, according to the true intent and meaning of this Act. 3. The usual place of meeting of the said Corporation shall be held to be the legal domicile thereof, and service at such place ot any notice or process of any kind addressed to the said Corporation, shall be 'held to be sufficient service of such notice or process on the Corporation. 4. For the management of the affairs and business of the said Corporation, there shall be a Council, to be called " The Council of the Chamber of Commerce," which shall from and after the first election hereinafter mentioned, consist of a President, Vice President, Treasurer, and Secretary, and ten •other members of the Council, all of whom shall be members of the said Corporation, and shall have the powers and perform the duties hereinafter mentioned and assigned to the said Council. S26 CHAMBER OP COMMERCE. [17 "V C 27 5. The said Honorable John Robertson shall be the Presi- dent, the said John Duncan, Vice President, the said Robert Jardine, Secretary and Treasurer, and the said John V. Thurgar, John Wishart, William Parks, Willi&m H. Street, Frederick A. Wiggins, Charles Ward, Edward Allison, Robert Reed, Daniel Ji M'Laughlin, and Thomas E. Millidge, the other Members of the Council, until the first election to be had under the provisions of this Act, and the Council hereby appointed shall, until the said election, have all the power assigned to the Council of the said Corporation by this Act. 6. The members of the said Corporation shall meet annu- ally at some place within the City of Saint John, of which due notice shall be given by the Council for the time being, or which shall be fixed by the bye laws of the Corporation, on the first Monday in the month of September, and theyor a majority of them shall then and there choose by ballot from among the members of the Corporation, one President, one Vice Presi- dent, one Secretary and Treasurer, and ten other members of the Council, who shall form the Coimcil of the said Corporation, and shall hold their offices until others be elected at the next annual meeting in their stead, or until they shall be removed from office, or shall vacate the same under the provisions of any bye laws of the Corporation ; provided always, that if the said election shall not take place on the first Monday in Sep- tember in any year, the Corporation shall not thereby be dissolved, but such election may be had at any general meeting of the Corporation to be called in the manner hereinafter provided, and the members of the Council then in office shall remain, or until the election shall be had. 8. If any member of the said Council shall die, resign his office, or be absent for six months continuously from the Pro- vince, it shall be lawful for the said Corporation, if they shall see fit, at any general meeting to elect a member of the Corpo- ration to be a member of the Council in the place of the member so dying, or resigning, or being absent, and the member so elected shall hold office until the next election and no longer. 8. At any annual or other general meeting of the Corporation, any twelve or more members shall form a quorum, and shall be competent to do and perform all acts which either by this Act, or by any bye law of this Corporation, are or shall be directed 17 V C 27] CHAMBER OF COMMERCE. 527 to be done at any such general meeting, and all general meetings of the Corporation shall be held at the place where appointed by the bye laws thereof for the annual meeting aforesaid. 9. Each and every person resident in the City of Saint, John, and carrying on banking, trade, or commerce of any kind, and members of the Legislature there resident, shall be eligible to become a member of the said Corporation, and at any general meeting of the said Corporation it shall be lawful for any member thereof to propose any such person as aforesaid as a candidate for becoming a member of the Corporation, and if such proposition shall be seconded, such candidate shall be again proposed and balloted for at the next general meeting, not being less than one week after he shall be so proposed, and in the meantime the name of the person proposed and of the proposer and seconder shall be posted in a conspicuous part of the usual place of meeting, and if at the meeting at which candidates shall be balloted for, not less than three fifths of the members present shall vote for his admission, he shall thence- forth be a member of the said Corporation, and shall have all the rights and be subject to all the obligations which the other members possess or are subject to, and shall be bound by ail the bye laws of the Corporation. 10. It shall always be lawful for the Council of the said Corporation, by at least one week's notice being given in one or more Newspapers published in the City of Saint John, to call a general meeting of the Corporation for any of the pur- poses of this Act. 11. The said Council shall, in addition to the power hereby expressly conferred on them, have such powers as shall be assigned to them by any bye law of the Corporation, except only the power of enacting or altering any bye, law, or of admitting any member, which shall be done in the manner provided by this Act, and no other ; and any five or more members of the Council lawfully met, and of whom the Presi- dent or Vice President shall be one, shall be a quorum, and any majority of such quorum may do all things within the power of the Council; and at all meetings of the said Council, and all general meetings of the Corporation, the President, or in hiS' absence the Vice President, or if both be absent, any member of the Council then present who may be chosen for 528 CHAMBER OF COMMERCE. [17 V C 27 the occasion, shall preside, and shall in all cases of equality of votes upon any division, have a double or casting voie. 12. It shall be lawful for the said Corporation^ or a majority of them present at any general meeting, to make and enact such bye laws, rules, and regulations for the government of the said Corporation, its Council, officers, and affairs, and for the guidance of the Board of Arbitration hereinafter mentioned, as such majority shall deem meet ; provided that no such bye law be contrary to or inconsistent with the provisions of this Act or the Laws of this Province ; and such bye laws shall be binding on all members of the Corporation, its officers, and servants, and all other persons whomsoever lawfully under its control. 13. It shall be the duty of t^e Council hereby appointed, so soon as may be after the passing of this Act, to frame such bye laws, rules, and regulations, as they shall consider best adapted to promote the welfare of the Corporation, and the purposes of this Act, and submit the same for adoption to a general meeting of the Corporation called for the purpose, in the manner hereinbefore provided. 14. All subscriptions of membersdue to the Corporation under any bye law, by any person bound thereby, and all other sums of money due to the Corporation, shall be paid to the Treasurer thereof, and in default of payment may be recovered in any action brought by him in name of the Corporation in any Court of competent civil jurisdiction. 15. The meetings of the members of the Council shall be open to all other members of the Corporation who may attend at the same, but who shall take no part in any proceedings thereat ; and minutes of the proceedings of all such meetings, and at all general meetings of the Corporation, shall be entered in a register to be kept for that purpose by a person or persons appointed to keep the same, and the entry shall be signed by the Secretary; and such register shall be open at all reasonable hours to any member of the Corporation free of any charge', and also to all other persons on payment of a fee of one shilling currency to the officer having charge of the register. 16. At the same time and times as are hereby appointed for the election of the Council, and in the same manner, it shall be lawful for the members of the said Corporation to elect from their number six persons, who shall form a Board, which 17 V C 27] CHAMBER OP COMMERCE. 529 shall be called " The Board of Arbitration," and any three of whom shall have power to arbitrate upon and to give their award in any commercial case or difference which shall be voluntarily referred to them by the parties concerned ; and whenever any such parties shall agree and bind themselves by bond or otherwise, to submit the matter in dispute between them to the decision of the said Board of Arbitration, such submission shall be understood to be made to any three mem- bers of the said Board, who may either, by the special order of the said Board, or by virtue of any general rule adopted by them, or under any bye law of the Corporation with regard to the consideration of cases so submitted to them, be appointed to hear and arbitrate upon the case, and shall be understood to bind the parties to submit to the decision of the said Board ; and any such submission may be in the form of the Schedule to this Act, or in other words to the same effect. 17. The several members of the said Board of Arbitration shall, before they act as such, take and subscribe before the Pre- sident or Vice President of the Corporation, an oath that they will faithfully, impartially, and diligently perform their duties as members of the said Board of Arbitration, and will in all cases submitted to them give a true and just award according to the best of their judgment and ability, without fear, favour, or affection of or for any person or party whomsoever, and this oath shall be kept among the documents of the Corporation. 18. Any member of the Council of the Corporation may be at the same time a member of the said Board of Arbitration. 19. The three members appointed to hear any case sub- mitted for arbitration as aforesaid, or any two of them, shall have full power to examine into the facts of such case, and to examine on oath (which oath any one of such three members is hereby empowered to administer) any party or witness who appear voluntarily before them, and shall be willing to be so examined, and shall give their award thereupon in writing; and their decision, or that of any two of them given as such award, shall bind the parties according to the terms of the submission and to the provisions of this Act. 20. Any person who may by law in other cases make a solemn affirmation instead of taking an oath, may make such solemn affirmation in any case where by this Act an oath is 34 530 CHAMBER OF COMMERCE. [17 V C 27 required ; and any person hereby authorized to administer an oath may in such case as aforesaid admrnlster such solemn affirmation; and any person who shall wilfully swear or affirm falsely in any case where an oath or solemn affirmation is by this Act required or authorized, shall be guilty of wilful and corrupt perjury. 21. This Act shall be and continue in full force and effect for twenty years from the passing thereof, and from thence to the end of the then next Session of the Provincial Parliament, and BO longer. 22. Nothing in this Act shall affect the rights of Her Majesty, Her Heirs, Successors, or any party or person whomsoever, such rights only accepted as are herein expressly merttioned and affected. SCHEDULE. Form of submission to the award of the Board of Arbitration. Know all men, that the undersigned , and the under- signed , [if there be more parties, that is, more separate interests, mention them'] having a difference as to the respective rights of the said parties in the case hereunto subjoined, have agreed and bound themselves under a penalty of currency, to perform the award to be made by the Board of Arbitration, in the case aforesaid, under the penalty aforesaid, to be paid by the party refusing to perform such award to the party ready and willing to perform the same. In witness whereof, the said parties have hereunto inter- changeably set their hands at on the day of Form of Oath to be taken by Members of Board of Arbitration. I swear that I will faithfully, impartially, and diligently per- form my duty as a member of the Board of Arbitration of the Chamber of Commerce of Saint John, and that I will in all cases in which I shall act as Arbitrator, give a true and just award according to the best of my judgment and ability, with- out fear, favour, or affection of or for any party or person whomsoever. — So help nie God. 9 V C 1^] QUIETING TITLES. 531 aVKSiTIMC^ TITIiES. 9th Victoria — Chapter 19. An Act to enable the Rector, , Church Wardens, and Vestry of Trinity Church, in Springfield, King's County, to dispose of certain lands held by them in exchange for other lauds. Section. 1, — Land, by and to whom conveyed. Passed lUh Jpril IB46. Whereas the Rector, Church Wardens, and Vestry of Trinity Church, in the Parish of Springfield, County of King's, have, by and with the consent of the Reverend William Scovil, Master of Arts, the present officiating Minister of the said Parish, and with the approbation of the Right Reverend the Lord Bishop of Fredericton, agreed with Josiah Marvin, of the aforesaid Parish of Springfield, Farmer, for the conveyance and assurance to him, the said Josiah Marvin, of a certain piece or tract of land in the said Parish of Springfield, being a lot of land conveyed by Thomas Spragg, of the aforesaid Parish, Esquire, to the Rector, Church Wardens, and Vestry of Trinity Church, in the Parish of Springfield, as a Glebe for the use, benefit, and behoof of the Rector, Parson, or Minister of the said Parish for the time being ; which piece or tract of land is bounded and described as follows, to wit : — Bounded by the highway forty nine and a half rods in front, and bounded by lot number four on the lower line, and on the upper line by lot number two, and extending towards the Creek till it com- pletes the full quantity of eight acres ; for exchange for a certain other piece or parcel of land situate, lying, and being in the aforesaid Parish of Springfield, and bounded and described as follows :— Beginning at the southwest angle of a two acre lot, on which the Parsonage House now stands; thence north twelve degrees west ten chains of four poles each ; thence north seventy seven degrees forty minutes east eight chains twenty links, to the road ; thence south twelve degrees twenty minutes east ten chains 5 thence south seventy seven degrees forty minutes west eight chains and twenty links, to place of beginning, containing eight acres ; which said last mentioned piece or parcel of land, the said Josiah Marvin hath agreed to convey and assure to them, the said Rector, Church 533 QUIETING TITLES. [9 V C 69 Wardens, and Vestry, and their successors, in perpetuity, to the use, benefit, and behoof of the Rector, Parson, or Minister of the said Church, and his successors, for ever, in lien of the said hereinbefore described piece or tract of' the said Glebe of the said Parish of Springfield, so agreed to be conveyed to the said Josiah Marvin, as aforesaid : And whereas it is expedient, and will be for the benefit of the said Church, that the said agreement should be carried into eflfect ; for the perfecting of which said agreement, and for carrying the same into full force and eflfect, — Be it enacted, ifc. — 1. Upon the receipt of a good and Suf- ficient title, conveyance, and assurance from the said Josiah Marvin, of the said last herein described piece or parcel of land, so agreed to be conveyed by the said Josiah Marvin to them, the said Rector, Church Wardens, and Vestry of thd said Church, and their successoi's, to the use, benefit, and behoof of the Rector, Parson, or Minister of the said Church, and his successors, for ever, they, the said Rector, Church Wardens, and Vestry of Trinity Church, in the Parish of Springfield, be and they are hereby authorized and empowered, by a good and sufficient deed, to convey to the said Josiah Marvin, his heirs and assigns,, the said hereinbefore described piece or tract of land in the said Parish of Springfield, as aforesaid, to hold the same to him, the said Joseph Marvin, his heirs and assigns, for ever. 9th Victoria — Chapter 69. An Act to qaiet the Titles to certain Lands in Fredericton, Section. Section. ; 1. Gran^ to be good titles. 2. Act, bow coiis{ri;^ed. Pasied Uth Jpril 1846. Whereas His Majesty King Geqrge the Fourth djd, by_ Letters Patent under the Grpat Seal of the Province of New Brur^swick, bearing datp the third day of March in the year of our Lord one thousand eight hundred and twenty eigbt^and in the nintli year of His Reign, grant to Thomas Pickard, ■^ames Ballocb, and Jobt^ Simpson, fiye several^ lots of land, situate in Fredefic|on, and being particularly designated, dis- tinguished, and d^^crib^d by proper metes and bounds is the 9 V C 69] QUIETING TITLES. 533 said grant, reference being thereto had, or the registry thereof in the Office of the Secretary and Register of this Province, will more fully appear : And whereas His said Majesty did, by Letters Patent under the Great Seal of this Province, bearing date the twenty seventh day of May in the year of our Lord one thousand eight hundred and thirty, and in the eleventh year of His Reign, also grant to Daniel Ludlow Robinson a Town lot, so called, situate in Fredericton, and particularly designated, distinguished, and described by proper metes and bounds in the said grant, reference being thereunto had, or the registry thereof in the Office of the Secretary and Register of this Province, will more fully appear : And whereas His Majesty King William the Fourth did, by Letters Patent under the Great Seal of this Province, bearing date the six- teenth day of November in the year of our Lord one thousand eight hundred and thirty one, and in the second year of His Reign, grant to Thomas B. Smith and Amasa Coy thirty two perches of land, situate in Fredericton, and particularly desig- nated, distinguished, and described by proper metes and bounds in the said grant to the said Thomas B. Smith and Amasa Coy, reference being thereunto had, or the registry thereof in the Office of the Secretary and Register for the Province, will more fully appear : And whereas His said Majesty King William the Fourth did, by Letters Patent under the Great Seal of this Province, bearing date the twenty third day of January in the year of our Lord one thousand eight hundred and thirty three, and in the third year of His Reign, also grant to John S. Saunders three roods and eleven perches of land, situate in Fredericton, and particularly designated, distin- guished, and described by proper metes and bounds in the said grant to the said John S. Saunders, reference being thereunto had, or the registry thereof, will more fully appear: And whereas His said Majesty King William the Fourth did, by Letters Patent under the Great Seal of this Province, bearing date the twenty first day of April in the year of our Lord one thousand eight hundred and thirty seven, and in the seventh year of the Reign, also grant to William Needham Akerley one rood and eighteen perches of land, situate in Fredericton, and particularly designated, distinguished, and described by proper metes and bounds in the said grant to William Needham 534 QUIETING TITLES. [9 V C 69 Akerley, reference being thereunto had, Or the registry thereof in the Office of the Secretary and Register of the Province, will more fully appear : And whereas His said Majesty King William the Fourth did, by Letters Patent under the Great Seal of this Province, bearing date the twenty first day of April in the year of our Lord one thousand eight hundred and thirty seven, and in the seventh year of His' Reign, also grant to William J. Bedell one rood and eight poles of land, situate in Fredericton, and particularly designated, distinguished, and described by proper metes and bounds in the said grant, reference being thereunto had, or the registry thereof in the Office of the Secretary and Register of this Province, will more fully appear: And whereas His said Majesty King William the Fourth did, by Letters Patent under the Great Seal of this Province, bearing date the twenty fifth day of April in the year of our Lord one thousand eight hundred and thirty seven, and in the seventh year of His Reign, also grant to Francis E. Beckwith one acre and two roods of land, situate in Fredericton, and particularly designated, distinguished, and described by proper metes and bounds in the said grant, refer- ence being thereunto had, or the registry thereof in the Office of the Secretary and Register of the Province, will more fully appear : And whereas His said Majesty King William th« Fourth did, by Letters Patent under the Great Seal of this Province, bearing date the twenty fifth day of April in the year of our Lord one thousand eight hundred and thirty seven, and in the seventh year of His Reign, grant to Thomas Pickard two roods and sixteen pierches of land, situate in Fredericton, and particularly designated, distinguished, and described in the said grant, reference being thereunto had, or the registry thereof in the Office of the Secretary and Register of this Province, will more fully appear : And whereas His said Majesty King William the Fourth did, by Letters Patent under the Great Seal of this Province, bearing date the twenty fifth day of April in the year of our Lord one thousand eight hundred and thirty seven, and in the seventh year of His Reign, also grant to Thomas T. Smith one rood and eight perches of land, situate in Fredericton, and particularly desig- nated, distinguished, and described by proper metes and bounds in the said grant, reference being thereunto had,' or 9 V C 69] QUIETING TITLES, 535 the registry thereof in the Office of the Secretary and Register of this Province, will more fully appear : And whereas His said Majesty King William the Fourth did, by Letters Patent under the Great Seal of this Province, bearing date the twenty fifth day of April in the year of our Lord one thousand eight hundred and thirty seven, and in the seventh year of His Reign, also grant to Abraham T. Coburn one rood and eight poles of land, situate in Fredericton, and particularly desig- nated, distinguished, and described by proper metes and bounds in the said grant, reference being thereunto had, or the registry thereof in the Office of the Secretary and Register of this Province, will more fully appear : And whereas Her present Majesty Queen Victoria did, by Letters Patent under the Great Seal of this Province, bearing date the third day of April in the year of our Lord one thousand eight hundred and forty, and in the third year of Her Reign, also grant to James Tibbetts one rood and eight poles of land, situate in Frede- ricton, and particularly designated, distinguished, and described by proper metes and bounds in the said grant, reference being thereunto had, or the registry thereof, will more fully appeal; : And whereas also His late Majesty King George the Third did, by Letters Patent under the Great Seal of this Provincp, bearing date the ninth day of May in the year of our Lord one thousand eight hundred, and in the fortieth year of His Reign, grant unto the Rector, Church Wardens, and Vestry of Christ Church, in the Parish of Fredericton, and their successors for ever, a lot or tract of land, situate in the Town Plat of Fre- dericton, and then occupied as a burying ground ; and also the lot or piece of ground on which Christ Church, as the Parish Church of Fredericton aforesaid, then stood and now stands, with a space of ground surrounding the same on the tract reserved for a Common, and other public uses, in front of block number eleven, in the said Town Plat, as particularly desig- nated, distinguished, and described by proper metes and bounds in the said grant, reference being thereunto had, or to the registry thereof in the Office of the Secretary and Register of this Province, will more fully appear : And whereas also His Majesty King George the Third did, by Letters Patent under the Great Seal of this Province, bearing date the first day of December in the year of our Lord one thousand eight hundred 536 QUIETING TITLES. [9V C 69 and ten, and in the fifty first year of His Reign, grant unto the Rector, Church Wardens, and Vestry of Christ Church, in the Parish of Fredericton, and their successors- for ever, three certain lots -or blocks of land, containing in the whole ten acres two roods and thirty one perches, more or less, situate, lying, and being near the southwesterly bank of the River Saint John, at the northwest end of part of the Town Plat of Fredericton, in the County of York, and particularly designated, distin- guished, and described by proper metes and bounds in the said grant, reference being had thereunto, or the registry thereof in the Office of the Secretary and Register of this Province, will more fully appear : And whereas His Majesty King George the Fourth, by Letters Patent under the Great Seal of this Province, bearing date the twenty third day of August in the year of our Lord one thousand eight hundred and twenty, grant to Anthony Lockwood one rood and thirteen perches of land, being particularly designated, distinguished, and described by proper metes and bounds in the said grant, reference being thereunto had, or the registry thereof in the Office of the Secretary and Register of the Province, will more fully appear : And whereas His said Majesty King George the Third did, by Letters Patent under the Great Seal of this Province, bearing date the seventeenth day of May in the year of our Lord one thousand eight hundred and seventeen, and in the fifty seventh year of the Reign of His said Majesty King George the Third, gr&nt to Richard Winter one rood and twelve perches of land, being particularly designated, distinguished, and described by proper metes and bounds in the said grant, reference being thereunto had, or the registry thereof in the Office of Secretary and Register of the Province, will more fully appear : And whereas Her present Majesty Queen Victoria did, by Letters Patent under the Great Seal of this Province, bearing date the ninth day of January in the present year of our Lord one thousand eight hundred and forty six, and in the ninth year of Her Reign, grant to the Right Reverend John, the Lord Bishop of Fredericton, and his successors, all that piece or parcel of land situate in Fredericton, lying between Brunswick Street and the River Saint John, and commonly called the Church Green, and particularly designated, distinguished, and described by proper metes and bounds in the said grant, for 15 V C 68] QUIETING TITLES. 537 the purpose of erecting a Cathedral thereon, and with a proviso therein contained, that no other building or erection, other than the said Cathedral, should be erected or set up thereon, refer- ence being thereunto had, or the registry thereof in the Office of the Secretary and Register of the Province, will more fully appear : And whereas the said several pieces and parcels of land contained in the said several grants above mentioned, are all situate in front of the Town Plat of Fredericton, as described in the Grant to Cornelius Akerman and others, and form part of the land reserved for a Common and other public uses : And whereas doubts have recently been started as to the titles of the aforementioned grantees to the lands specified in the said grants, and the right of the Crown to grant any of the land reserved in Fredericton, has been questioned : And whereas common justice to the individual purchasers and their assigns, as well as the peace and quiet of the inhabitants of Fredericton, alike require that all such doubts should be removed, and any question of the validity of their titles for ever set at rest and quieted ; — Be it therefore enacted, S^c. — 1. The said several grants above mentioned, and each and every of them, shall be good, valid, and effectual for all the purposes therein severally con- tained, and shall be deemed to operate against all persons whatever, according to the terms and conditions of such grant, and subject alone to the provisoes and conditions therein con- tained ; and all Courts of law and equity shall, and they are required, in all suits, actions, or controversies in any way relating thereto, to presume that the title to the land specified in each and every of the aforementioned grants, was in the Crown at the time of the issuing of such grant, and thereby regularly and legally granted and aliened. 2. This Act shall be construed liberally for the pui-fiose of effecting the objects for which it was enacted. 15th Victoria — Chapter 68. An Act to settle aiid secure the Title to certain Lands in . the County of Kent. Sectibn; Section. 1. Reports, &c., where iiled, &e. H, What to be evidence. 2. Title to lande, in whom' vested. 4. What to be filed, arid with whom. 538 QUIETING TITLES. [15 V c 68 Passed 7ih Jpril 1852,, Whereas by Letters Patent under the Great Seal of the Province. of New Brunswick, dated the sixth day of December in the year one thousand seven hundred and ninety three, certain lands now in the County of Kent were granted to Pierre Richard and others as joint tenants : And whereas the occupiers and owners of the said lands, representing themselves to be the owners thereof, during the last Session of the Legislature applied by petition to the House of Assembly for an Act to settle their several Titles, which petition was referred to a Select Committee of the said House, who mard^ a Report, of which the following is a copy, that is to say :t7- " The Select Committee to whom was referred the petition of Olivier Richard, Fabien D'Aigle, Fabien Richard, Simeon Thibideau, Joseph Richard, Simeon LeBlanc, and fifty two others, French inhabitants, residing on the south side of th@ Richibucto River, in the County of Kent, setting forth that in the month of June in the year of our Lord one thousand seven hundred and ninety one, Pierre Richard, Pierre Legere, Paul Babineau, Joseph Richard, Francois Richard, Michael Richard, Jean Baptiste Landry, Jean Richard, Senior, Jean Richard, Junior, Charles Maillet, David Thibideau, Basile Richard, Jean Richard, Joseph Richard, Junior, Pierre Gouelle, and Pierre Arsineau, natives of Canada, the ancestors and original proprietors of the lands on which the petitioners now live, petitioned Sir Thomas Carleton, the then Lieutenant Governor and Commander in Chief of the Province of New Brunswick, setting forth that they were natives of Canada, and settled there, occupied lands whereon they could not make a living, that they desired to enjoy the priviliges allowed to British subjects in this Province in holding their lands from the King, and having come tu Richibucto in search of situations, where they had found lands to accommodate them, prayed His Excellency to grant them lots on the Richicucto River, and to order the same to be laid out for them, as by a copy of the original application annexed to their petition more fully appears ; that in the month of October one thousand seven hundred and ninety one it was ordered in Council that such application should be complied with, the lands to be surveyed at the expense of the applicants ; that the petitioners were 15 V C 68] QUIETING TITLES. 639 informed and believed that a survey was made of the out- boundings in question by an officer under the control and direction of the then Surveyor General of Crown Lands, and that the applicants being unlearned persons, unacquainted with the law of New Krunswick, or the nature of its Grants, and consequently ignorant of that survey which was requisite to define their respective rights, and implicitly trusting to the wisdom and care of His Excellency and Council, and the Surveyor General, to do what was necessary to ascertain and -establish their rights, and to give them their respective lots agreeably to their petition, paid what was demanded of them for survey by the Surveyor General, and accordingly on the sixth day of December in the year of our Lord one thousand seven hundred and ninety three, a Grant, including lands to other persons, was issued of the lands in question to the applicants and others, their heirs and assigns, being the fore- fathers, ancestors, and persons through whom the petitioners now claim the same, containing six thousand four hundred acres, more or less, situate, lying, and being adjoining the Harbour and River of Richibucto, on the Gulf of Saint Lawrence, abutted, bounded, and described as in the second tract named in the extract of the original Grant, and a copy of the original Plan in the Crown Land Office, annexed to their petition, more fully appears ; that the Grant so issued, as it was afterwards discovered by the grantees, gave no distinct allotments by plan or otherwise to the applicants, in severalty or portions, by metes, bounds, or positions, to enable the respective owners to lay off their lands by the aid of a Surveyor or otherwise, as is usual in such cases; and the original parties entered thereon, occupied, and died without any division lines of their respective rights ever having been made between them ; that there are now upwards of fifty families on the said tract, consisting of a population of upwards of five hundred persons, living thereon, being the children, grand-children, descendants, and purchasers of the original proprietors, with no distinct allotment, especially of the wilderness land ; that the petitioners are placed in a most embarrassed and unfor- tunate situation, having no allotments which each individual or family can call its own and whereon to make improvements^ or have the security of a home, nor capable of resorting to the 540 QUIETING TITLES. t^^ V C 68 ordinary legal remedies when wrongs are committed upon them ; that although various persons from Richibucto and other places, without right, and in no way connected with the lands in question, come and occupy them, or at least repeatedly cut and carry the best of the lumber, wood, and other trees growing upon the lands, and required for the immediate and necessary wants of the occupants, the petitioners have no legal power to prevent or punish them ; that the petitioners are consequently suffering great injury arising from the extra- ordinary character of the Grant referred to, so issued by the Government without any apportionment or designation into lots by plan or otherwise, agreeably to the intention and word- ing of the aforesaid appli;!frtion, to enable the intermediate boundaries to be run, as Was ukial and essential in such cases, at the time such Grant issued ', an^ praying that their unfor- tunate situation may be taken into account and some provision made for dividing the lands and remedying the grievances therein complained of, or that such other relief maybe afforded to them as to right and justice may belong. Report — Your Committee having taken the circumstances of the case into their consideration, recommend that the Government should appoint during the ensuing summer a competent person from the indoor establishment of the Crown Land Office, to investi- gate the matters set forth in said petition, and the situation of lani and the parties living thereon, and report for the infor- mation of this House at the next Session, and that Government pay his necessary expenses, and this House will make provi- sion for the same, and that the House do address His Excellency to carry out this Report. ^ . . T> -> W. J. Ritchie. 9fiTi I i«°^7' I D- Hanington. 26th April, 1851. S - r, B. Cutler." In pursuance of which Report the said House voted an Addressf to His Excellency the Lieutenant Governor, of Which the following is a copy, that is to say : — "Resolved, That a copy of the Report of the Committee on the Petition of Olivier Richard and others, French inhabitants at Richibucto, as regards the defining of the bounds of an ancient Grant under which they hold their titles, be communicated to His Excellency the Lieu- tenant Governor ; and that an humble Address be presented 15 "V C 68] QUIETING TITLES. 541 to His Excellency, praying that His Excellency will be pleased to cause the recommendation therein contained to be carried into effect :" And whereas in pursuance of such Address, His Excellency the Lieutenant Governor in Council, on the fourth day of October in the year of our Lord one thousand eight hundred and fifty one, appointed the Honorable James David- son to investigate the matters set forth in the said Report of the said Select Committee, the situation of the lands, and to report the names of the respective parties living thereon, with their respective localities: And whereas in pursuance of such appointment the said James Davidson has attended to the duties thereby in him reposed, and has made a report of his doings to His Excellency the Lieutenant Governor, which has been laid before the House of Assembly, together with Schedules A and" B and the plan therein referred to, of which Report and Schedules the following are copies: — " Miramichi, January 20th, 1852. "Sir, — In pursuance of your communication of the 4th August last, I proceeded to Richibucto on the Uth October, when I called a meeting of the inhabitants interested in the Grant. On examination, I found it impossible to trace the respective claims by heirship, from their intermarriages, &;c. After considerable conversation with them, I considered that the only thing I could do was to make a correct survey and plan of the whole Grant, agreeably to the way they had themselves divided and continued to occupy it for several years. It appears that two tracts of land were granted to these people in the year 1793, and the second tract in the said grant, which is the land in question, was granted to Pierre Richard and fifteen others jointly. The original proprietors divided the land ^mong themselves, as well the woodland as the plot of ground on which they then settled, and is now called the Village. The second generation made another division, and it has since been sub-divided as they increased, until they arrived at the strange figures represented on the plan here- with sent. 1 suggested to them the propriety of having the land laid off in something like regular lots, or as much so as possibly could be done under the circumstances, but they objected to mafiLe t^e least deviation from their present posses- sjipns. All the persons named in the Schedule attached to the 542 QUIETING TITLES. [15 V C 68 plan are those at present in possession, and are the descendants of the original grantees, persons and their descendants, who have married heirs, and a few who have purchased, but they appear to be all perfectly satisfied that the present occupants are the sole and only owners, agreeably to the manner in which it has been surveyed. The possessors are altogether of French descent, vvith one exception, Henry Peters, who occupies a lot purchased from the original owners, (for the purpose of building a grist mill) by Thomas Atkinson, his father-in-law, who died last December at the advanced age of ninety five years, and left this properly by deed to the said Henry Peters and his wife. A few of the heirs have left Richibucto and gone to Prince Edward Island and other places, but I was informed by all those remaining, that all those persons have sold their respective shares prior to their leaving. The pro- prietors then stated to me that they would give any price to any of those interested in the grant who was determined to sell, rather than that he would sell it to a stranger, as they were determined not to sell any part of it to any person but to some of those interested, until they got the matter settled, and that then each would be master of his own and could do as he pleased with it. As relates to the Marshes, I found the divisions so small that it was impossible to mark the separate lots on a plan ; in many instances the Marsh lots are not sixty* links wide ; I therefore surveyed the whole of the Marshes^ and distinguished them separately from the Upland on the plan. There will be no difficulty' about the Marsh, as each party has his lot well marked off, and continues to occupy it without any interference. I was very careful in taking down the names of the respective occupants, to ascertain the propor- tion beloiiging to each, as will be seen on reference to the Schedule attached to the plan ; and from the best information I could get, I think the present occupants are the only and sole owners, agreeably to the different proportions 'm6ntioiied in the said Schedule. When I went to Richibucto and ascer- tained what was to be done, I found that I could not spare so much time as it would require to complete the whole myself, I therefore employed Peter Muserol, the Deputy Surveyor of that district^' to assist me, who was with me the whole time, and I found him well qualified for the duties he had to perform. 15 V C 68] QUIETING TITLES. 543 Agreeably to your instructions, I send herewith my Account for this service, which I trust will be satisfactory, and I will only add that I spared no pains to obtain the best possible information. I have the honor to be Sir, Your most obedient servant, / Jas, Davidson. Honorable John R. Partelow, Provincial Secretary, Fredericton." A " Schedule containing the names of the possessors of the Grant to Pierre Richard and fifteen others at Richibucto, with the number of each Lot as represented on the Plan: — No. 1. Dominic Richard, Jno. Babineau, Damas Richard, and Jos. Allen ; — 2. Dominic Richard ; — 3. John Babineau ; —4. Dominic Richard ; — 5. John Babineau ; — 6. Damas Richard ; — 7. Joseph Allen ; — 8. Damas Richard ; — 9. Dominie Richard, Jno. Babineau, Damas Richard, and Joseph Allen ; •^10. John Babineau ; — 11. Damas Richard ; — 12. John Babineau ; — 13. Joseph Allen ; — 17. John Babineau ; — J8. Damas Richard ;— -19. John Joseph Richard; — 20. Dominic Richard, Jno. Babino, Damas Richard, and Joseph Allen ; — 21. Henry Peters and Roina Peters his wife; — 22. Henry Peters, 1-3; Maxime Daigle, Luke Daigle, Simon Hebert, Fabian Richard, Simon Richard, Oliver Richard, one equal share of the remaining 2-3 ; — 23. Eustache Thibideau, 3-4 ; and Laurent Thibideau, 1-4; — 24. Eustache Thibideau, 1-4; Urban Richard, 1-2 ; Simon Bazil Richard, 1-8 ; John Louis Babineau, Susan Richard, Teressa Richard, Julie Richardv Isabella Richard, 1-8 among them; — 25. John Maillet, 1-2; John B. M'Kay and Pierre Maillet, 1-4 each ;— 26. Urban Richard, Susan Breau, Mary Maillet, 1-3 each ;— 27. Oliver Richard, Martin Richard, Francis Richard, Michel Richard, Mary Richard, Isabella Bourke, (formerly Richard), Eulilie Richard, Helen Breau, (formerly Richard), Margaret Richard, 1-10 each; Bridget and Oriet Richard, 1-20 each ;— 28. Raymond Richard ;— 29. Little John Richard ;— 30. Simon Babineau ;— 31. Jaque Richard ;— 32. Fidelle Cassey ;— 33. Simon Bazil Richard, 1-2; John Louis Babineau, Susan Richard, Teressa Richard, Julie Richard, Isabella Richard^ 544 QUIETING TITLES. [15 V C 68 the other half among them ; — 34. Lamant Maillet ; — 35. John Joseph Richard ; — 36. John Maillet, 1-3 ; Pierre Maillet, 1-3 ; John B. M'Kay, 1-3 ; — 37. Eustache Thibideau, 3-4 ; Laurent Thibideau, 1-4 ; — 38. Mary Gallon, (formerly Bennet) ;— 39. Eustache Thibideau ; — 40. Urban Richard, Susan Breau, (formerly Richard), and Mary Maillet, (formerly Richard) ; — 41. Maxim Daigle and Luke Daigle ; — 42. John Maillet, 2-7; Urban Richard, 2-7; John B. M'Kay, 1-7; Peter Maillet, 1-7; John Louie Babineau, Susan Richard, Teressa Richard, Julia Richard, Isabella Richard, 1-14 among them ; and Simon Bazil Richard, 1-14 ;-^43. Eustache Thibideau, 3-4; Laurent Thibideau, 1-4; — 44. Urban Richard, 2-3; Susan Breau, (formerly Richard), 1-3 ; — 45. Mary Babineau, (formerly Maillet), and Gertrude Cassey, (formerly Richard); — 46. John Maillet, 1-4 ; Urban Richard, 1-4 ; Pierre Maillet, 1-8 ; and John B. M'Kay, 1-8 ;^47. Urban Richard, 3-7; Martin Richard, 1-7; Eustache Thibideau, 3-7; — 48. Simon Bazil Richard, 1-2 ; John Louis Babineau, Susan Richard, Teressa Richard, Julie Richard, Isabella Richard, one half among them, being children of Mary Richard ;— 49. Raymond Rich- ard ; — 50. Little John Richard ; — 51. Oliver Richard, Martin Richard, Francis Richard, Michel Richard, Mary Richard, Isabella Bourke, (formerly Richard), Eulilie Richard, Heleh JBreau, (formerly Richard), Margaret Richard, 1-10 each; Bridget and Oriet Richard, 1-20 each ;— 52. Sylvan Cassey ; . — 53. John Joseph Richard ; — 54. Sylvan Cassey ; — 55. Maxim Daigle and Luke Daigle ; — 56. Little John Richard ; —57. Raymond Richard; — 58. Simon Bazil Richard, 1-2; John Louie Babineau, Susan Richard, Teressa Richard, Julia Richard, Isabella Richard, one half among them ; — 59. Urban Richard, 3-7; Martin Richard, 1-7; Eustache Thibideau, 3.7 ;_60. John Maillet, 1-2 ; John B. M'Kay, 1-4 ; Peter Maillet, 1-4;— 61. Urban Richard, 1-2; Susan Breau, (for- merly Richard), 1-2 ; — 62. Eustache Thibideau, 3-4 ; Laurent Thibideau, 1-4; — 63. Eustache Thibideau, 3-4; Laurent Thibideau, 1-4; — 64. Eustaqhe Thibideau, 3-4 ; Laurent Thibideau, 1-4; — 65. Urban Richard and Susan Breau, (for- merly Richard, 1-2 each; — 66. John Maillet, 1-2; John B. M'Kay, 1-4; Peter Maillet, 1-4;— 67. Urban Richard, 3-7; Martin Richard, 1-7 ; Eustache Thibideau, 3-7 ; — 68. Simon 15 V C 68] QUIETING TITLES. 545 Bazil Richard, 1-2 ; John Louis Babineau, Susan Richard, Teressa Richard, Julie Richard, Isabella Richard, one half among them ; — 69. Raymond Richard ; — 70. Little John Richard ; — 71. Little John Richard ; — 72. Raymond Richard ; — 73. Simon Bazil Richard, 1-2 ; John Louis Babineau, Susan Richard, Teressa Richard, Julia Richard, Isabella Richard, one half among them ; — 74. Urban Richard, 3-7 ; Martin Richard, 1-7; Eustache Thibideau, 3-7 ; — 75. John Maillet, 1-2 ; John B. M'Kay, 1-4 ; Peter Maillet, 1-4 ;— 76. Urban Richard and Susan Breau, (formerly Richard), half each ; — 77. Laurent Thibideau ; — 78. Mary Gallon, (formerly Bennet) 1-2; Eustache Thibideau, 1-2; — 79. Urban Richard; — 80. Laurent Thibideau ;-^81. John B. M'Kay and Pierre Maillet ; —82. John B. M'Kay and Pierre Maillet ;— 83. John Maillet ; — 84. Francis MailletandGermainMaillet;-^85. John Maillet; — 86. Urban Richard, Susan Breau, (formerly Richard) ; — 87. Eustache Thibideau ;— 88. Eustache Thibideau ; — 89. Susan Breau ; — 90. John Maillet ; — 91. Urban Richard ; — 92. Martin Richard ;— 93. John Louis Babineau, Susan Richard, Julia Richard, Teressa Richard, Isabella Richard ; — 94. Simon Bazil Richard ; — 95. Roman Catholic Episcopal Corporation for the Piocese of New Brunswick ; — 96. John B. M'Kay and Peter Maillet ;— 97. John Maillet ; — 98. Raymond Richard ; — 99. Little John Richard ; — 100. Raymond Richard ;^101. Simon Bazil Richard; — 102. Little John Richard; — 103. Oliver, Martin, Francis, Michel, Mary, Euiilie, and Margaret Richard, 1-10 each ; Isabella Bourk, (formerly Richard), Helen Breau, (formerly Richard), 1-10 eeich ; Bridget and Oriet Richard, 1-20 each ; — 104. John Joseph Richard ; — 105. Fidelle Cassey ; — 106. Joseph Babineau; — 107. Laurant Maillet ; — 108. Laurant Maillet ;— 109. Joseph Babineau ; — 110. Fidelle Cassey ; — 111. John Joseph Richard ; — 112. Oliver, Martin, Francis, Michel, Mary, Euiilie, and Margaret Richard, IrlO each ; Isabella Bourke, (formerly Richard), Helen Breau, (formerly Richard), 1-10 each ; Bridget and Oriet Richard, 1-20 each; — 113. Same as 112; — 114. John Joseph Richard ; — 115. Simon Babineau ; — 116. Felicity Le- Blano, (formerly Richard) ;• — 117. Olivier, Martin, Francis, Michel> Mary, Euiilie, and Margaret Richard, 1-10 each ; Isabella Bourke, (formerly Richard), Helen Breau, (formerly 35 646 QUIETING TITLES. [15 V C 68 Richard), 1-10 each; Bridget and Oriet Richard, 1-20 each; — 118. Joseph Casey ; — 119. John Joseph Richard ; — 120. Felicity LeBianc, (formerly Richard), 1-2 ; the other half to Oliver, Martin, Francis, Michel, Mary, Eulilie, and Margaret Richard, 1-10 each ; Isabella Bourke, (formerly Richard), Helen Breaii, (formerly Richard), 1-10 each ; Bridget and Oriet Richard, 1-20 each ; — 121. John Joseph Richard; — 122. Felicity LeBianc, (formerly Richard); — 123. John Joseph Richard ; — 124. John Joseph Richard ; — 125. Simon Bazil Richard, 1-2; John Louis Babincau, Susan, Teressa, Julia, and Isabella Richard, one half among them ; — 126. Maxime and Luke Daigle ; — 127. Maxime and Luke Daigle ; — 128. Charlemaing Arcineau ; — 129. Mark Maillet, 1-2; Francis and Germain Maillet, 1-4 each ; — 130. John Maillet, 1-4 ; Urban Richard, 1-4 ; John B. M'Kay, 1-8 ; Peter Maillet, 1-8; Eustache Thibideau, 1-8 ; Simon Bazil Richard, 1-8; — 131. Mark Maillet, 1-2; Francis and Germain Maillet, 1-4 each ; — 132. Little John Richard ; — 133 ; Little John Richard ; — 134. Laurent Babineau ; — 135. Simon Bazil Richard, 1-2; John Louis Babineau, Susan, Teressa, Julie, and Isabella Richard, one half among them;— 136. Raymond Richard; — 137. Urban Richard; — 138. Urban Richard, 1-3; Susan Breau, 1-3 ; Mary Maillet, (formerly Richard,) 1-3 ; — 139. Oliver, Francis, Martin, Michel, Mary, Eulilie, and Margaret Richard, 1-10 each ; Isabella Bourke, (formerly Richard), Helen Breau, (formerly Richard), 1-10 each ; Bridget and Oriet Richard, 1-20 each ; — 140. Luke Daigle, Maxime Daigle, Fabian Daigle, Margaret Daigle, Louisa Daigle, 1-6 each ; and Damian Richard, Mary Richard, and Margaret Richard, 1-6 among them ; — 141. Eustache Thibideau, 3-4.; Laurent Thibideau, 1-4 ; — ^142. Pierre Casey ; — 143, John Joseph Richard ; — 144. Joseph Casey ; — 145. Margaret Dai- gle, (formerly Richard) ; — 146. Simon Babineau ; — 147. John Maillet; — 148. Urban Richard, Susan Breau, Mary , Maillet, (formerly Richard), 1-3 each ; — 149. John Mmllet, 1-4; Pierre Maillet and John B. M'Kay, 1-8 each ; Urban Richard, 1-4 ; Eustache Thibideau, 1-8; John Louis Babineau, Susan, Teressa, Julia, and Isabella Riclifird, 1-8 among them; — 150. John Joseph Richard ; — 151. Urban Richard ; — 152. Eustache Thibideau, 3-4; Laurent Thibideau, 1-4; — ^153'. 15 V C 68] QUIETING TITLES. 547 Oliver, Martin, Francis, Michel, Mary, Eulilie, and Margaret Richard, 1-10 each ; Isabella Bourke, (formerly Richard), Helen Breau, (formerly Richard), 1-10 each; Bridget and Oriet Richard, 1-20 each ; — 154. Simon Richard, Fabian Richard, Oliver Richard, Simon Hebert ; — 155. Simon Thibi- deau and Little Joseph Richard ; — j56. Fabian Richard ; — 157. Simon Thibideau ;— 158. Little John Richard; — 159. Simon LeBlanc ; — 160. Germain Maillet ; — 161. Francis Maillet ;— 162. Pierre Casey;— 163. Oliver Maillet ;— 164. Simon Richard ;— 165. Ami Maillet;— 166. Laurent Richard ; — 167. Eustache Thibideau ;— 168. Charles Richard ;— 169. Big Joseph Richard ; — 170. Oliver, Martin, Francis, Michel, Mary, Eulilie, and Margaret Richard, 1-10 each ; Isabella Bourke, (formerly Richard), Helen Breau, (formerly Richard), 1-10 each ; Bridget and Oriet Richard, 1-20 each ; — 171. Germain Thibideau ; — 172. Germain Thibideau, 1-2; and the other half to Oliver, Martin, Francis, Michel, Mary, Eulilie, and Margaret Richard, 1-10 each ; Isabella Bourke, (formerly Richard), Helen Breau, (formerly Richard), l-IO ; Bridget and Oriet Richard, 1-20 each; — 173. Ami Maillet and Oliver Maillet, one half each ; — 174. Simon Thibideau, 3-4; Peter Casey, 1-4; — 175. Laurent Richard ;— 176. Francis Maillet; — 177. Little John Richard ;— 178. Francis Maillet ;— 179. Laurent Richard ; — 180. Oliver, Martin, Francis, Michel, Mary, Eulilie, and Margaret Richard, 1-10 each ; Isabella Bourke, (formerly Richard), Helen Breau, (formerly Richard), 1-10 each ; Bridget and Oriet Richard, 1-20 each ; — 181. Eustache Thibideau;— 182. Little John Richard ;— 183. Oliver Maillet ; — 184. Pierre Casey ; — 185. Simon Bazil Richard and Charles Richard; — 186. Overplus belongs to the whole. Richibucto Island. — 187. Raymond Richard ; — 188. Eustache Thibideau, 3-4; Laurent Thibideau, 1-4; — 189. Lamant Maillet ;— 190. John Joseph Richard ;— 191. Simon Bazii Richard, 1-2; John Louis Babineau, Susan, Teressa, Julie Isabella Richard, one half among them ;- 192. John Maillet' 1-4 ; Urban Richard, 1-4 ; Pierre Maillet, 1-8 ; Jno. B. K'Kay, 1-8; Eustache Thibideau, 1-8; Simon Bazil Richard, 1-8;— -193. Fidelle Casey ;— 194. Oliver, Martin, Francis, Michel, Mary, Eulilie, and Margaret Richard, 1-10 each; Isabella Bourke, (formerly Richard), Helen Breau, (formerly 548 QUIETING TITLES. [15 V C 68 Richard), 1-10 each ; Bridget and Oriet Richard, 1-20 each ; — 195. Dominique Richard, John Babineau, Damas Richard, and Joseph Allen; — 196. Urban Richard, Susan Breau, (formerly Richard), Mary Maillet, (fdrmerly Richard); — 197. Damas and Dominique Richard; — 198. Little John Richard ;— 199. Simon Babineau ; — 200. Maxime Daigle, Luke Daigle, Simon Hebert, Fabian Riehard, Simon Richard, Oliver Richard ; 201. John Maillet, 1-3 ; Pierre Maillet, 1-3 ; John B. M'Kay, 1-3 ;— 202. Urban Richard, Susan Breau, (formerly Richard), Mary Maillet, (formerly Richard). 14. Dominic Richard, ) ^j^^^^ ^^^^ ^^^^ ^^^ ^^ 15. Dominic Richard, > ^, t 16. Joseph Allen, ' ^ the proper place. Miramichi, Jany. 20, 1852. James Davidson, D^. Sturveyor." B " Abstract of Schedule, shewing the several Lots and propor- tions of Lots owned by each person : — Dominic Richard, John Babineau, Damas Richard, and Joseph Allen, Lots No. 1, 9, 20, and 195 on the Island: Dominic Richard, Lots No. 2, 4, 14, 15 ; John Babineau, No. 3, 5, 10,12, 17: Damas Richard, No. 6, 8, 11, 18: Joseph Allen, No. 7, 13, 16 : John Joseph Richard, No. 19, 35, 53, 104, 111, 114, 119, 121, 123, 124, 143, 150, and Island Lot No. 190 : Henry Peters and Eoina his wife. Lot No. 21 : Henry Peters, northwesterly third of Lot 22 : Maxime Daigle, Luke Daigle, Simon Hebert, Fabian Richard, Simon Richard, and Oliver Richard, one share each of the remaining two thirds of Lot 22 and Island Lot 200 : Eustache Thibideau, '3-4, and Laurent Thibideaji>, 1-4 of Lots 23, 37, 43, 62, 63, 64, 141, 152, and Island Lot 188 r Eustache Thibideau, 1-4; Urban Richard, 1-2; Simoi» Bazil Richard, 1-8 ; John Louis Babineatu, Susaw, Teresa, Julia, and Isabella Richard, 1-8 equally among them; of Lot 24 : John Maillet, 1-2; John B. M'Kay and Pierre Maillet, 1-4 each of Lots No. 25, 60, 66, 75 : 15 V C 68] QUIETING TITLES. 549 Urban Richard, Susan Breau, and Mary Mailtet, 1-3 each of Lots No. 26, 40, 138, 148, and Island Lots 196 and 202 : Oliver Richard, Martin Richard, Francis Richard, Michel Richard, Mary Richard, Isabella Bourke, Eulilie Richard, Helen Breau, Margaret Richard, 1-10 each ; Bridget and Oriet Richard, 1-20 each of Lots No. 27, 51, 103, 112, 113, 117, 139, 153, 170, 180, and Island Lot No. 194 : Raymond Richard, Lots No. 28, 49, 57, 69, 72, 98, 100, 136, and Island Lot No. 187 : Little John Richard, No. 29, 50, 56, 70, 71, 99, 102, 132, 133, 158, 177, 182, and Island Lot No. 198 : Simon Babineau, Lots No. 30, 115, 146, and Island Lot 199 : Jaque Richard, No. 31 : Fidelle Casey, No. 32, 105, 110, and Island Lot 193 : Simon Bazil Richard, 1-2; John Louis Babineau, Susan, Teresa, Julie, and Isabella Richard, equal shares of remain- ing half of Lots No. 33, 48, 58, 68, 73, 125, 135, and Island Lot 191 : Lamant Maillet, Lots No. 34, 107, 108, and Island Lot 189 : John Maillet, Pierre Maillet, and John B. M'Kay, 1-3 each of Lot No. 36, and Island Lot 201 : Mary Gallon, (formerly Bennet), Lot No. 38 : Eustache Thibideau, Lots No. 39, 87, 88, 167, 181 : Maxime Daigle and Luke Daigle, No. 41, 55, 126, 127: John Maillet and Urban Richard, 2-7 each ; John B. M'Kay and Peter Maillet, 1-7 each; John Louis Babineau, Susan, Teressa, Julie, and Isabella Richard, 1-14 among them ; Simon Bazil Richard, 1-14, Lot Nb. 42 : Urban Richard 2'-3 ; and Susan Breau, 1-i, No. 44: Mary Babineau and Gertrude Casey, half each. No. 45 : Urban Richard, 3-7; Martin Richard, 1-7; Eustache Thi- bideau, 3-7, of Lots No. 47, 59, 67, 74 : John Maillet, and Urban Richard, 1-4 each : Pietre Maillet, John B. M'Kay, Eustache Thibideau , and Simon Bazil Richard, 1-8 each. Lots 46, 130, and Island Lot 192 : Sylvan Casey, Lots No. 52, 54 : Urban Richard, and Susan Breau, 1-2 «ach, No. 61, 65, 76, 86: Laurent Thibideau, No. 77 and 80 : Eustache Thibideau, and Mary Gallon, one h^f each of Lot No. 78: 550 QUIETING TITLES. [15 V C 68 Urban Richard, Lots No. 79, 91, 137, 151 : John Baptist M'Kay, and Pierre Maillet, 1-2 each, No. 81,82,96: John Maillet, No. 83, 85, 90, 97, 147 : Francis Maillet, and Germain Maillet, 1-2 each, Lot No. 84 : Susan Breau, No. 89 : Martin Richard, 92 : John Louis Babineau, Susan, Teressa, Julie, and Isabella Richard, Lot No. 93 : Simon Bazil Richard, No. 94, 101 : Roman Catholic Episcopal Corporation, No. 95 : Joseph Babineau, Lots No. 106, 109 : Felicity LeBlanc, Lots No. 116, 122 : Joseph Casey, Lot No. 118: Felicity LeBlanc, 1-2 ; Oliver, Martin, Francis, Michel, Mary, Eulilie, and Margaret Richard, Isabella Bourke, Helen Breau, 1-10 each; Bridget and Oriet Richard, 1-20 each of the remaining half of Lot No. 120 : Cbarlemang Arcineau, Lot No. 128 : Laurent Babineau, 134 : Mark Maillet, 1-2; Francis and Germain Maillet, 1-4 each of Lots No. 129 and 131 : Luke,,Maxime, Fabian, Margaret, Louisa Daigle, 1-6 each ; Damien, Mary, and Margaret Richard, 1-6 among them of Lot No. 140 : Pierre Casey, Lots No. 142, 162, 184 : Joseph Casey, Lot No. 144 : Margaret Daigle, (formerly Richard,) Lot No. 145 : John Maillet, 1-4 ; Pierre Maillet, and John B. M'Kay, 1-8 each ; Urban Richard, 1-4 ; Eustache Thibideau, 1-8 ; John Louis Babineau, Susan, Teressa, Julie, and Isabella Richard, 1-8 among them. Lot No. 149 : Simon Richard, Fabian Richard, Oliver Richard, and Simon Hebert, 1-4 each. Lot No. 154 : Simon Thibideau, and Little Joseph Richard, 1-2 each, No. 155 : Fabian Richard, Lot No. 156 : Simon Thibideau, 157 : Simon LeBlanc, Lot No. 159 : Germain Maillet, Lot No. 160 : 15 V C 68] QUIETING TITLES. 551 Francis Maillet, Lots No. 161, 176, 178: Oliver Maillet, Lots No. 163, 183 : Simon Richard, Lot No. 164: Ami Maillet, Lot No 165 : Laurent Richard, Lots No. 166, 175, 179 : Charles Richard, Lot No. 168 : Big Joseph Richard, Lot 169 : Germain Thibideau, Lot No. 171 : Germain Thibideau, 1-2; Oliver, Martin, Francis, Michel, Mary, Eulilie, and Margaret Richard, Isabella Bourke, Helen Breau, 1-10 each ; Bridget and Oriet Richard, l-gO each of the remaining half of Lot No. 172 : Ami Maillet, and Oliver Maillet, 1-2 each, Lot No. 173 : Simon Thibideau, 3-4 ; and Peter Casey, 1-4 of Lot No. 174: Simon Bazil Richard, and Charles Richard, Lot No. 185. Miramichi, Jany. 20th, 1852. James Davidson, Dy, Surveyor" And whereas the said Report and Schedules, together with the Plan therein referred to, are by this Act directed to be filed in the Secretary's Office, and entered of Record therein : And whereas with a view of carrying out the recommendation of the House of Assembly as contained in the said Report of the said Select Committee as aforesaid ; — Be it therefore enacted, &/■€, — 1. The said Report and Schedules marked A and B, set forth in the recital to this Act, together with the Plan accompanying the same, so made by the Honorable James Davidson, the person appointed as above set forth, dated the twentieth day of January one thousand eight hundred and fifty two, shall be deposited in the Provincial Secretary's Ofiice, and entered of Record therein, as Grants and Plans are entered. 2. A good and legal title to the respective lots marked on the said Plan, or actually laid off by metes and bounds by the said James Davidson, is hereby severally vested in the persons named in the said Schedules, Plan, and Report, as owners thereof, subject as hereinafter mentioned. 3. From and after the passing of this Act, a certified copy of the said Plan, Report, and Schedules, or of the Record thereof, under the Great Seal of this Province, or certified according 552 QUIETING TITLES. [15 V C 68 to the provisions of an Act made and passed in the third year of the Reign of Her present Majesty, intituled An Act to amend the Law of Evidence in regard to the proof of Records and Letters Patent, shall be good and legal evidence in any Court of law or equity in this Province of the several titles of the respective persons mentioned by the said James Davidson, their heirs and assigns, to the lands therein described as belonging to them respectively ; provided always, that nothing in this Act contained shall extend or be construed to extend to interfere with or militate against the legal right of any party or parties claiming title or interest in or to any part or parts thereof, whose names are not included in the said Schedules A and B. 4. A certified copy of the said Plan, Report, and Schedules, shall be transmitted to the ofBcle of the Registrar of Deeds and Wills in the County of Kent, the said Schedules to be registered in the said office, and the said Plan and Report to be kept on file for reference, at the expense of the parties interested, who are hereby required to pay the Registrar his fees before he be required to register such Schedules, Plan, and Report. 15 V C 52] PICKETT ESCHEAT. 553 PICKETV ESCHEAT. 15th Victoria — Chapter 52. Ail Act relating to the escheated property of Munson Gould Pickett, Section. I, — Pickett escheat property, bow may be disposed of. Passed 7ih April 1852. Whereas certain property formerly belonging to Munson Gould Pickett has by judgment of escheat become vested in the Crown, and it is expedient that power should be given to the Government to grant or dispose of the same in such manner and on such conditions as may be deemed necessary ; — Be it therefore enacted, ifc. — 1. Notwithstanding any thing contained in the fifth Section of an Act made and passed in the eighth year of the Reign of His late Majesty William the Fourth, intituled An Act for the support of the Civil Govern- ment of this Province, it shall be lawful for the Lieutenant Governor or Administrator of the Government for the time being, by and with the advice and consent of the Executive Council, to grant, lease, or otherwise dispose of, either by private sale or by way of gift, all or any part of the property, whether real or personal, formerly belonging to Munson Gould Pickett, and now by judgment of escheat vested in the Crown, to such person or persons, and upon such terms and conditions as to the Lieutenant Governor or Administrator of the Govern- ment, by and with the advice and consent aforesaid, may be deemed advisable. 554 turner's mill. [12 V c 12 tij!S]vc:k's mri;. 12th Victoria — Chapter 12. An Act to legalize the convejance of Water to Turner's Grist Mill, in the Parish of Saint Patrick, in the County of Charlotte. Section 1. — Troughs, &c., across road, Sec, lawful. Passed 8ih March 1849. Whereas Richard Turner, of the Parish of Saint Patrick, in the County of Charlotte, has built a Grist Mill at the head of , Tide-water at Bocabec Marsh, (so called) ; And whereas for the purpose of driving the machinery of said grist mill, it was necessary and convenient to convey the water to said mill by troughs to be laid across and under the surface of the Queen's highway : And whereas the said mill is of great public benefit ; — Be it therefore enacUd, &fc. — 1. It shall and may be lawful for the said Richard Turner, owneri owners, or occupiers of said mill, to erect, build, keep up, and maintain such, troughs as may be required to convey the water for the purpose of driving the machinery of said mill, across and under the surface of the said highway ; provided nevertheless, that the Supervisor or Commissioners of said highway, or the majctr part of them, shall be at liberty to order and cause the removal of said troughs, for the purpose of repairing the said highway^ when and so often as the same may be found necessa;ry in the opinion of the Supervisor or Commissioners for the time being, or the major part of said Commissioners ; provided also, that nothing herein contained shall be construed to permit any impediments to the free and unobstructed use of the said highway for all Her Majesty's subjects and others passing and repassing ; and should any obstruction take place, or should any injury be caused to the said highway by or in consequence of the con- struction or maintaining of the said troughs, the same shall be deemed and taken to be a common nuisance. 16 V C 46] MALLEABLE IRON. 555 IMAI^XiKABIiK XEEO^'. 16th Victoria — Chapter 46. An Act to authorize the granting Letters Patent for the manufacture of Malleable Iron from the Ore. Section. Section. 1. LetterBPatent.whenandtowhomgranted. 2. Benefit of Patent. Passed 3rd May 1 853. Whereas one John Cairns, of Dundas, in the County of Kent, has made application to the Government to obtain Letters Patent for an improved mode of smelting and manu- facturing malleable or bar iron from the ore without reducing it to pig iron : And whereas under the present Law the Government is not authorized to grant Letters Patent to any but the original inventor or assignee of the whole Patent : And whereas the said John Cairns alleges that he is the pro- prietor of a share in a Patent taken out in Great Britain by one William Neale Clay, for such process, which has not been worked under in consequence of the death of the original in- ventor : And whereas the benefits of such process cannot be obtained unless such Patent be granted to the said John Cairns ; — Be it enacted, &fC. — 1. The Lieutenant Governor in Council be and he is hereby authorized and empowered to grant letters patent to the said John Cairns, and to all or any other proprietor of said patent so granted in Great Britain, or his representative or assignee, when any such person or assignee may apply for the same, for the said process of smelting and manufacturing malleable or bar iron direct from the ore, if upon his application it be made to appear to the satisfaction of His Excellency in Council, that a cheaper or better material can be thus obtained, and private rights not be interfered with. • 2. The patent so granted is not to be of longer duration than ten years, and is to be subject to the same provisions, and entitled to all the benefits of protection in this Province, as if the said John Cairns had been the original inventor ; provided always, that the Lieutenant Governor in Council may at the time of granting such letters patent, make such further 556 MALLEABLE IRON. [16 V C 46 conditions or provisions for the regulation of such patent, or the protection of the public interest, or the rights of individuals, as may be deemed necessary, in order that the other proprietors or joint owners, or their representatives, may have the like advantage of the said patent vrhen granted; and the patent shall not issue until the provisions of any law in force at the time of such issue, relating to the assignee of any patent obtained in any other country, are complied with. 60 G 3 c 13] BANKS. 557 B AlVKS. 60th George 3rd — Chapter 13. An Act to incorporate sundry persons by the name of the President, Directors; and Company of the Bank of New Brunswick. Section. Section. 1. Incorporation of Company. 17. Shares assignable. 2. Repealed. 18. Bank, in what may deal. 3. To what amount may hold lands. 1*. Debts, what responsible for. 4. General meeting when may be called, and 20. Notes, form of. Directors chosen. 21. Debts, what not to exceed. 5. Stoclsholders, annual meeting of. 22. Dividends. 6. What officers may be appointed, by 23. Books of Bank, inspection of. whom. 24. Bills, *c. how signed, &o. 7. Directors, number to make Board. 25. Altered, dto. Notes, to what extent to be 8. Not to have salaries ; exception. paid. 9. dualifieation of. 26. Bank, where kept. 10. Cashier, &c. what sureties to give. 27. General meeting, when held; state- 11. Stockholders' votes. ment, ftp. 12. How may vote. 28. Access to books, by whom. 13. Obsolete. 29. General meeting, who may call. 14. Vacancies in Board, how filled. 30. Business of Bank, how dosed. IS & 16. Obsolete. 31. Limitation. Passed 25th March 1820. Whereas it is thought that the establishment of a Bank at the City of Saint John, would promote the interests of the Province, by increasing the means of circulation ; — Be it enacted, Ifc. — 1. The Honorable John Robinson, the Honorable William Black, the Honorable Samuel D. Street, Henry Wright, Hugh Johnston, Thomas Millidge, Nehemiab Merritt, Ward Chipman, Junior, Zalmon Wheeler, Robert Pagan, Peter Fraser, Harry Peters, John Campbell, Charles I. Peters, Henry Smith, Mark Needham, Thomas Wyer, Junior, Christopher Scott, Elijah Miles, and William Botsford, their associates, successors, or assigns, be and they are hereby declared to be a body corporate, by the name of " The President, Directors, and Company of the Bank of New Brunswick," and they shall be persons able and capable in law to have, get, receive, take, possess, and enjoy houses, lands, tenements, hereditaments, and rents, in fee simple or otherwise, and also goods and chattels, and all other things real, personal, or mixt, and also to give, grant, let, or assign the same, or any part thereof, and to do and execute all other things in and about the same, as they shall think necessary for the benefit and advantage of the said Corporation; and also that they be per- sons able and in law capable to sue and be sued, plead and be 558 BANKS. [60 G 3 c 13 impleaded, answer and be answered unto, defend and be de- fended, in any Court or Courts of law and equity, or any other places whatsoever, in all and all manner of actions, suits, com- plaints, demands, pleas', causes, and matters whatsoever, in as full and ample a manner as any other person or persons are in law capable of sueing and being sued, pleading and of being impleaded, answering and of being answered unto, and also that they shall have one common seal to serve for the enseal- ing of all and singular their grants, deeds, conveyances, contracts, bonds, articles of agreement, assignments, powers and warrants of attorney, and all and singular their affairs and things touching and concerning the said Corporation; and also that they, the President, Directors, and Company, or the major part of them, shall from time to time and at all times, have full power, authority, and licence to constitute, ordain, make, and establish such laws and ordinances as may be thought neces- sary for the good rule and government of the said Corporation; provided that such laws and ordinances be not contradictory or repugnant to the laws or statutes of that part of the United Kingdom of Great Britain and Ireland called England, or re- pugnant and contrary to the laws and statutes of this Prbvince. 2. Repealed by 2 G. 4, c. 20. 3. The said Corporation shall have full power and authority to take, receive, hold, possess, and enjoy, in fee simple, any lands, tenements, real estates, and rents, to any amount not exceeding three thousand pounds; provided nevertheless, that nothing herein contained shall prevent or restrain the said Corporation from taking or holding real estate to any amount whatsoever by mortgage, taken as collateral security for the payment of any sum or sums of money advanced by, or debts due to the said Corporation ; provided further, that the said Corporation shall on no account lend money upon mortgage, or upon lands or other fixed property, nor such be purchased by the said Corporation upon any pretext whatsoever, unless by way of additional security for debts contracted with the said Corporation in the course of its dealings. 4. Whenever three hunilred shares shall have been sub- scribed of the said capital stock, a general meeting of the members and stockholders of the said Corporation, or the major part of them, shall take place by notice in one or more of the 60 G 3 c 13] BANKS. 559 public Newspapers thirty days previous to such meeting, for the purpose of making ordinary and establishing such bye laws, ordinances, and regulations for the good management of the affairs of the said Corporation, as the members and stock- holders of the said Corporation shall deem necessary, and also for the purpose of choosing thirteen Directors, being stock- holders and members of the said Corporation, under and in pursuance of the rules and regulations hereinafter made and provided ; which Directors so chosen shall serve until the first annual meeting for choice of Directors, and shall have full power and authority to manage the concerns of the said Cor- poration, and shall commence the operationsof the said Bank, subject nevertheless to the rules and regulations hereinafter made and provided ; at which general meeting, the members and stockholders of the said Corporation, or the major part of them, shall determine the amount of payments to be made on each share, also the mode of transferring and disposing of the stock and profits thereof, which being entered on the books of the said Corporation, shall be binding upon the said stock- holders, their successors, and assigns. 5. There shall be a general meeting of the stockholders and members of the said Corporation, to be annually holden on the first Monday in May in each and every year, at the City of Saint John ; at which annual meeting there shall be chosen by a majority of the said stockholders and members of the said Corporation, thirteen Directors, who shall continue in office for one year, or until others are chosen in their room ; in the choice of which Directors, the stockholders and members of the said Corporation shall vote according to the rule here- inafter mentioned ; and the Directors when chosen, shall at their first meeting after their election, choose out of their number a President ; provided always, that seven of the Directors in office shall be re-elected at such annual meeting for the next succeeding twelve months, of which the President shall always be one. 6. The Directors for the time being shall have power to appoint such officers, clerks, and servants, as they or the major part of them shall think necessary for executing the business of the said Corporation, and shall allow them such compensation for their respective services, as to them shall 560 BANKS. [60 G 3 c 13 appear reasonable and proper ; all which, together with the expenses of buildings, house-rent, and all other contingencies, shall be defrayed out of the funds of the said Corporation ; and the said Directors shall likewise exercise suc^ pther powers and authorities for the well regulating the affairs of the said Corporation, as shall be prescribed by the bye laws and regu- lations of the same. 7. Not less than seven Directors shall constitute a Board for the transaction of business, of which the President shall always be one, excepting in case of sickness or necessary absence, in which case the Directors present may ehoose one of the Board as Chairman in his stead ; the President shall vote at the Board as a Director, and in case of there being an equal number of votes for and against any question befprje them, the President shall have a casting vote. 8. No Director shall be entitled to any salary or emolument for his services; but the stockholders and members of the said Corporation may make such compensation to the President as to them shall appear reasonable and proper. 9. No person shall be eligible as Directpr, unless such person is a stockholder, and holding not less than ten shg^res of the capital stock of the said Corporation. 10. Every Cashier and Clerk of the said Corporation, before he enters upon the duties of his office, shall give bonds, with two or more sureties, to be approved qf by the Directors, that is to say, every Cashier in a sum not less than ten thousand pounds, with a condition, for his gpod and faithful behaviour, and every Clerk, with the like condition and sureties, in such sum as the Directors shall deem adequate to the trust reposed in him. 11. The number of votes which each stockholder shall be entitled to on every occasion when in conformity to the pro- visions of this Act the votes of the stockholders are to be given, shall be in the following proportion, that i.9. to say :— For one share and not more than two, one vote ; for every two shares above two, and not exceeding ten, one vote,, making five votes to ten shares; for every four shares abaveten, and not exceeding thirty, one vote, making ten votes for thirty shares ; which said number of ten votes shall be the greatest that any stockholder shall be entitled to have. 60 G 3 c 13] BANKS. 561 12. All stockholders resident within this Province or else- where may vote by proxy, provided that such proxy be a stockholder, and do produce sufficient authority from his con- stituent or constituents so to act. 13. [Obsolete.] 14. The Directors be and they are hereby authorized to fill up any vacancy that shall be occasioned in the board by the death, resignation, or absence from the Province for three months of any of its members ; but in the case of the removal of a Director by the stockholders for misconduct or mal- administration, his place shall be filled up by the said stock- holders, and the person so chosen by the Directors or the stockholders shall serve until the next succeeding annual meeting of the stockholders. 15 & 16. [Obsolete.] 17. The shares or capital stock shall be assignable and transferable according to the rules and regulations that may be established in that behalf, but no assignment or transfer shall be valid or effectual, unless such assignment or transfer shall be entered and registered in a book to be kept by the Directors for that purpose, nor until such person or jiersons 80 making the same, shall previously discharge all debts actually due and payable to the said Corporation ; in no case shall any fractional part of a share, or other than a com- plete share or shares, be assignable or transferable ; whenso- ever any stockholder shall transfer in manner aforesaid all his stock or shares in the said Bank to any other person or persons whatever, such stockholder shall cease to be a member of the said Corporation. 18. The said Company shall not directly or indirectly deal in any thing excepting in bills of exchange, gold or silver, bullion, or in the sale of goods really and truly pledged for money lent and not redeemed in due time, or in the sale of stock pledged for money lent and not so redeemed ; which said goods and stock so pledged, shall be sold by the said Corporation at public sale, at any time not less than thirty days after the period for redemption ; and if upon such sale of goods or stock there shall be a surplus, after deducting the money lent together with the expenses of sale, such surplus shall be paid to the proprietors thereof respectively. 36 562 BANKS. [60 G 3 c 13 19. The joint stock or property of the said Corporation shall alone be responsible for the debts and engagements of the said Corporation ; and no person or persons who shall or may have dealings with the said Corporation shall, on any pretence whatsoever, have recourse against the separate pro- perty of any present or future member of the said Corporation, or against their persons, further than may be necessary to secure the faithful application of the funds of the said Corpo- ration. 20. Every bond, bank bill, or bank note, or other instrument, by the terms or effect of which the said Corporation may be charged or held liable for the payment of money, shall specially declare in such form as the Board of Directors shall prescribe, that payment shall be made out of the joint fund of the said Corporation. 21. The total amount of the debts which the said Corpora- tion shall at any time owe, whether by bond, bill, or note, 'or other contract whatsoever, shall not exceed twice the amount of che capital stock actually paid in by the stockholders ; arid in case of any excess, the Directors under whose administra- tion and management the same shall happen, shall be liable for such excess in their natural and private capacities ; pro- vided always, that the lands, tenements, goods, and chattels of the said Corporation shall also be liable for such excess. 22. The Directors shall make half-yearly dividends of all the profits, rents, premiums, and interest of the said Corporation, payable at such time and place as the Directors shall appoint, of which they shallgive thirty days previous notice in two of the Newspapers published in this Province. 23. The books, papers, correspondence, and funds of the said Corporation shall at all times be subject to the inspection of the Directors, but no stockholder not a Director shall inspect the account of any individual with the said Corporation. 24. All the bills or notes issued by the said Corporation shall be signed by the President for the time being,, and countersigned and attested by the Cashier, and shall be printed and made in stereotype plates, and all bills or notes so signed and countersignedj shall be binding on the said Corporation. 25. The said Corporation shall be liable to pay to any bona fide holderj the original amount of any note of the said Bank 60 G 3 c 13] BANKS. 503 which shall have been counterfeited or altered in the course of its circulation to a larger amount, notwithstanding such alteration. 26. The said Bank shall be kept and established at the City of Saint John, or at such other place as the Board of Directors may think it necessary to remove the said Bank on account of any great emergency, for the security thereof. 27. The Directors shall at the general meeting to be held on the first Monday in May in every year, lay before the stockholders for their information, an exact and particular statement of the amount of debts due to and by the said Cor- poration, the amount of bank notes then in circulation, the amount of gold and silver on hand, and the amount of such debts as are, in their opinion, bad or doubtful, also the surplus or profit, if any remaining after deduction of losses and provi- sions for dividends ; which statements shall be signed by the Directors, and attested by the Cashier, and a duplicate state- ment so signed and attested, shall be transmitted to the Secretary of the Province, for the information of His Excel- lency the Lieutenant Governor or Commander in Chief for the time being, and the Honorable His Majesty's Council ; provided always, that the rendering of such statement shall not extend to give any right to the stockholders, not being Directors, to inspect the account of any individual or individuals with the said Corporation. 28. Any joint Committee hereafter to be appointed by the Honorable the Legislative Council and the House of Assembly, for the purpose of examining into the proceedings of the said Corporation, shall either during the Session or prorogation of the General Assembly, have free access to all the books and vaults of the same. 29. Any number of stockholders not less than sixty, who together shall be proprietors of three hundred shares, shall have power at any time, by themselves or their proxies, to call a general meeting of the stockholders, for purposes relating to the business of the said Corporation, giving at least thirty days previous notice in two of the Newspapers published in the Province, and specifying in such notice the time and place of such meeting, with the objects thereof; and the Directors, or any seven of them, shall have the like power at any time 564 BANKS, [2 G 4 c 20 (upon observing the like formalities) to call a general meeting as aforesaid. 30. On any dissolution of the said copartnership, immediate and effectual measures shall be taken by the Directors then in office for closing all the concerns of the said Corporation, and for dividing the capital and profits which may remain among the stockholders) in proportion to their respective interests. 31. This Act shall continue and be in force until the first day of May which will be in the year of our Lord one thousand eight hundred and forty. 2nd George 4th — Chapter 20. Ah Act to alter and amend an Act, intituled An Act to incorporate sundry persons by the name of the Presi- dent, Directors, and Company of the Batik of New Brunswick. Section. Section. 1. Repeal of Section of what Act. i. What Act to remain in'forcfe; exception. 2. Capital stbck. 5. Lltnitation. 3. Shares, how paid. Paused 20th March 1821. Whereas in and by the second Section of an Act made and passed in the sixtieth year of the Reign of His late Majesty King George the Third, intituled An Act to in^orf mate .sundry persons hy the name of the President, Directors, and Company of the Bank of New Brunsmck, li was enacted— r-" that the capi- tal or stock of the said Corporation shall consist of current gold and silver coins of this Province, to the amount of fifty thousand pounds ; the sum of twenty iiv« thousand pounds, one half part thereof, to be paid in current gold and silver coins of the Pro- vince, on or before the first day of September then next, and the further sum of twenty five thousand pounds, the residue thereof, on or before the first day of September in the year of our Lord one thousand eight hundred and twenty one ; the whole amount of the said stock to be divided into shares of fifty pounds each, making in the whole one thousand shares :" Arid whereas a part only of the shares of the said capital or stock have as yet 'been subscribed, and it is expedient to reduce and lessen the said capital or stock ; — Be it therefore enacted, Sfc. — 1. That the said recited Section 6 G 4 c 3] BANKS. 565 of the said Act, (excepting so far as relates to the division of the stock into shares of fifty pounds each,) shall be and the same is hereby repealed. 2. And in place and stead thereof, the capital or stock of the said Corporation shall consist of current gold and silver coins to the amount of thirty thousand pounds ; the same to be divided into six hundred shares of fifty pounds each. 3. And whereas one half part of the shares already subscribed hath been paid in according to the directions of the said recited Act I- — One half of all shares which may hereafter be sub- scribed, shall be paid immediately on such subscription, and the remaining half of all the shares of the said capital or stock shall be paid in such instalments, and at such days and times as the Directors of the said Bank may find occasion to require the same, first giving fifty days notice of the payment of any such instalment, in manner required in and by the fifteenth Section of the said recited Act. 4. Provided always, that nothing in this present Act con- tained shall extend, or be construed, adjudged, or taken to extend to repeal, annul, abridge, or alter any of the other Sections of the aforesaid Act, but that the said Act, and all the clauses therein contained, excepting so far as expressly repealed or altered by this Act, be and are hereby declared to be in full force, to all intents, constructions, and purposes whatsoever. 5. This Act shall be and remain in force and effect for and during the continuance of the said herein before recited Act, and no longer. 6th George 4th — Chapter 3. An Act to increase the Capital Stock of the Bank of New Brunswick. S«">o"- Section. - k^T^u T^" Wreasei ,5. A4ditional shves, tp vhat.«,biect. 8,3,4. Obsolete. 6. Limitation. Passed X'JtK March 1825. Whereas from the increase of the trade of the Province, it is found expedient to incre^ise the capital ptopk of the Bank of New Brunswick ; — Be it enacted, ^c— 1. The capital or stock of tlje s^id Bank shall be increased by the sum of twenty thousand pounds, 566 BANKS. [6 G 4 c 12 making the said capital or stock, in the whole, fifty thousand pounds, which additional capital or stock shall be divided into four hundred shares of fifty pounds each. 2, 3 & 4. [^These Sections are obsolete ; they applied only to the manner of disposing of the additional stock.'\ 5. The said additional shares in the said capital or stock hereby created, and the holders thereof, shall at all times be subject and liable to all and singular the rules and regulations, clauses and provisions of an Act made and passed in the sixtieth year of the Reign of His late Majesty King George the Third, intituled An Act to incorporate sundry persons by the name of the President, Directors, and Company of the Bank of New Brunswick. 6. This Act shall be and remain in force and efi^ect for and during the continuance of the said herein before recited Act, and no longer. 6th George 4th — Chapter 12. An Act to incorporate sundry persons by the name of the President, Directors, and Company of the Charlotte County Bank. Section. Section. 1.^ Incorporation of Company. 17. ^ares assignable. , S.. Capital. 18. Company not to deal in what, flee. 3. Lands, &.C., to what amount may hold. 19. Repealed. 4. General meeting, when called. 20. Bills, &c., terms of. 5. Stockholders, annual meeting of. Ice 21. Debts, what not to exceed. 6. Officers, by whom appointed, &c. 22. Dividends. 7. Directors, Board of, &c.' 23. Inspection of books. 6. Not to have salary ; exception, 24. Bills, &c., by whom signed. 9. Clualification of. 25. Altered note, &c. to what extent to pay. 10. Cashier, &c., to give bonds with sureties. 26. Bank where to be kept. 11. Stockholder, number of votes. 27. State of funds, when to lay before stock- 12. How, may vote. holders, &c. 13. Shares, how may be holden, within what 28. Access to books, &c., by wlioni. ) time. .29. General meeting, ^ho may call. 14. Vacancies, how filled. 30. On dissolution, how affairs closed. 15. Payments by stockholders when>notified. 31. Limitation, 16. What notice given, and when. Passed XJth March 1826. Whereas it is thought that the establishment of a Bank at Saint Andrews, in the County of Charlotte, would promote the interests of that County, by increasing the means of circu- lation ; — Be it enacted, fyc. — 1. The Honorable William Black, Christopher Scott, John Dunn, Colin Campbell, Thomas Wyer, Harris Hatch, Elisha Andrews, Samuel Frye, Colin Campbell, 6 G 4 c 12] ?ANKS. 567 Junior, John Campbell, Hugh M'Kay, John M'Allister, Abner Hill, Aaron Upton, John Wilson, Beverly Robinson, Charles Joseph Briscoe, William Kerr, Joseph Nehemiah Clarke, Hugh Johnston, Junior, George Robinson, John M'Master, Moses Vernon, James Douglas, James Campbell, Junior, James M'Master, Joseph Walton, James Parkinson, William Garnett, and James Allenshaw, their associates, successors, or assigns, be and they are hereby declared to be a body corporate, by the name of " The President, Directors, and Company of the Charlotte County Bank," and they shall be persons able and capable in law to have, get, receive, take, possess, and enjoy houses, lands, tenements, hereditaments, and rents, in fee simple or othervi^ise, and also goods and chattels, and all other things real, personal, or mixt, and also to give, grant, let, or assign the same or any part thereof, and to do and exe- cute all other things in and about the same as they shall think necessary for the benefit and advantage of the said Corporation ; and also that they be persons able and in law capable to sue and be sued, plead, and be impleaded, answer and be answered unto, defend and be defended, in any Court or Courts of law and equity, or any other places whatsoever, in all and all man- ner of actions, suits, complaints, demands, pleas, causes, and matters whatsoever, in as full and ample a manner as any other person or persons are in law capable of sueing and being sued, pleading and of being impleaded, answering and of being answered unto; and also that they shall have one common seal to serve for the ensealing of all and singular their grants, deeds, conveyances, contracts, bonds, articles of figreement, assign- ments, powers and warrants of attorney, and all and singular their affairs and things touching and concerning the said Cor- poration; and also that they, the said President, Directors, and Company, or the major part of them, shall from time to time and at all times, have full power, authority, and licence to constitute, ordain, make, and establish such laws and ordi- nances as may be thought necessary for the good rule, and government of the said Corporation ; provided that such laws and ordinances be not contradictory or repugnant to the laws or statutes of that part of the United Kingdom of Great Britain and Ireland called England, or repugnant or contrary to the laws and statutes of this Province. 568 BANKS. [6 G 4 c 12 2. The capital or stock of the said Corporation shall consist of current gold and silver coins of the Province, to the amount of fifteen thousand pounds; the sum of seven thousand five hundred pounds, one half part thereof, to be paid in current gold and silver coins of the Province, on or before the first day of October next, and the further sum of seven thousand five hundred pounds on or before the first day of October which will be in the year one thousand eight hundred and twenty six ; the whole amount of said stock to be divided into shares of fifty pounds each, making in the whole three hundred shares. 3. The said Corporation shall have full power and authority to takcj receive, hold, possess, and enjoy, in fee simple, any lands^ tenements, real estates, and rents, to any amount not exceeding fifteen hundred pounds 5 provided nevertheless^ that nothing herein contained shall prevent or restrain the said Corporation from taking or holding real estate to any amount whatsoever by mortgage, taken as collateral security for the payment of any sum or sums of money advanced by or debts due to the said Corporation 5 provided further, that the said Corporation shall on no account lend money upon mortgage, or upon lands or other fixed property, nor such be purchased by the said Corporation upon any pretext whatso- ever, unless by way of additional security for debts contracted with the said Corporation in the course of its dealings. 4. Whenever one hundred shares shall have been subscribed of the said capital stock, a general meeting of the members and stockholders of the said Corporation, or the major part of them, shall take p^aee by notice in one or more of the public Newspapers thirty days previous to such meeting, for the purpose of making, ordaining, and establishing such bye laws, ordinances, and regulations for the good management bf the affairs of the said Corporation, as the members and Stockholders of the said Corporation shall deem necessary, and also for the purpose of choosing [the word here omitted is repealed by 7 V. c. 14, s. 8,"] Directors, beihg stockholders and memberls of the said Corporation, under and in pursuance of the rules and regulations hereinafter made and provided ; which Directors so chosen shall serve until the first annual meting for choice of Directors, and shall have full power and authority to manage the concerns of the said Corporation, and shall 6 G 4 c 12] BANKS. 569 commence the operations of the said Bank, subject nevertheless to the rules and regulations hereinafter made and provided; at which general meeting, the members and stockholders of the said Corporation, or the major part of them, shall determine the amount of payments to be made on each share, also the mode of transferring and disposing of the stock and profits thereof, which being entered on the books of the said Corpo- ration, shall be binding on the said stockholders, their succes- sors, and assigns. 5. There shall be a general meeting of the stockholders and members of the said Corporation, to be annually holden on the first Monday in May in each and every year, at Saint Andrews; at which annual meeting there shall be chosen by a majority of the said stockholders and members of the said Corporation, [the word here omitted is repealed by 7 V. c. 14, s. 8,] Direc- tors, who shall continue in office for one year or until others are chosen in their room ; in the choice of which Directors, the stockholders and members of the said Corporation shall vote according to the rule hereinafter mentioned; and the Directors when chosen, shall at their first meeting after their election, choose out of their number a President; provided always, that [the word here omitted is repealed by 7 V. c. 14, s. 8,"| of the Directors in ofiice shall be re-elected at such annual meeting for the next succeeding twelve months, of which the President shall always be one. 6. The Directors for the time being shall have power to appoint such officers, clerks, and servants, as they or the major part of them shall think necessary for executing the business of the said Corporation, and shall allow them such compen- sation for their respective services as to them shall appear reasonable and proper ; all which, together with the expenses of buildings, house-rent, and all other contingencies, shall be defrayed out of the funds of the Corporation ; and the said Directors shall likewise exercise such other powers and au- thorities for the well regulating the aiFairs of the said Corpo- ration, as shall be prescribed by the bye laws and regulations of the same. 7. Not less than [the word here omitted is repealed by 7 V. c. 14, s. 8,] Directors shall constitute a Board for the transac- tion of business, of which the President shall always be one. 570 BANKS. ' [6G4cl2 excepting in the case of sickness or necessary absence, in which case the Directors present may choose one of their board as Chairman in his stead ; the President shall vote at the board as a Director, and in case of there being an equal number of votes for and against any question before them, the President shall have a casting vote. 8. No Director shall be entitled to any salary or emolument for his services ; but the stockholders and members of the said Corporation may make such compensation to the President as to them shall appear reasonable and proper. 9. No person shall be eligible as Director unless such person is a stockholder, and holding not less than five shares of the capital stock of the said Corporation. 10. Every Cashier and Clerk of the said Corporation, before he enters upon the duties of his office, shall give bonds, with two or more sureties, to be approved of by the Directors, that is to say, every Cashier in a sum not less than five thousand pounds, with a condition for his good and faithful behaviour, and every Clerk with the like condition, and sureties in such sum as the Directors shall deem adequate to the trust reposed in him. 11. The number of votes which each stockholder shall be entitled to on every occasion, when in conformity to the pro- visions of this Act the votes of the stockholders are to be given, shall be in the following proportion, that is to say : — For one share and not more than two, one rote ; for every two shares above two and not exceeding ten, one vote, making five votes for ten shares ; for every four shares above ten and not exceeding thirty, one vote, making ten votes for thirty shares ; which said number of ten votes shall be the greatest that any stockholder shall be entitled to have. 12. All stockholders resident within this Province or else- where may vote by proxy, provided that such proxy be a stockholder, and do produce sufficient authority from his constituent or constituents so to act. 13. No member of the said Corporation during the first six months, to be accounted from and after the passing of this Act, shall be entitled to hold or subscribe for more than ten shares of the said capital stock ; if the whole of the said capital stock shall not have been subscribed within the said six months, 6 G 4 C Id] BANKS. 571 so to be accounted as aforesaid, then and in such case it shall be lawful for any stockholder or stockholders to increase his, her, or their subscriptions to fifteen shares ; provided always, that no stockholder shall be permitted to hold more than twenty five shares in the whole, unless the same be acquired by purchase after the said Bank shall have commenced its operations. 14. The Directors be and they are hereby authorized tc fill up any vacancy that shall be occasioned in the board by the death, resignation, or absence from the Province for three months of any of its members ; but in the case of the removal of a Director by the stockholders for misconduct or nial-ad- ministration, his place shall be filled up by the said stockholders; and the person so chosen by the Directors or the stockholders, shall serve until the next succeeding annual meeting of the stockholders. 15. Before any stockholder shall be required to make pay- ment of any instalment upon the amount of his subscription, fifty days previous notice shall be given by the Directors in two of the Newspapers published in this Province, of the time and place of such payment, and the Directors shall commence with the business and operations of the Bank of the said Corporation ; provided always, that no bank bills or bank notes shall be issued or put in circulation, nor any bill or note be discounted at the said Bank, until the said sum of seven thousand five hundred pounds shall be actually paid in and received on account of the subscriptions to the capital stock of the said Bank. 16. As soon asthesum of seven thousand five hundred pounds shall have been actually paid in on account of the subscriptions to the said stock, notice thereof shall be given in two of the Newspapers published in the Province. 17. The shares or capital stock shall be assignable and transferable according to the rules and regulations that may be established in that behalf, but no assignment or transfer shall be valid or effectual unless such assignment or transfer shall be entered and registered in a book to be kept by the Directors for that purpose, nor until such person or persons so making the same, shall previously discharge all debts actually due and payable to the said Corporation ; in no case shall any 572 BANKS. [6 G 4 c 12 fractional part of a share, or other than a complete share or shares be assignable or transferable ; whenever any stock- holder shall transfer in manner aforesaid all his stock or shares in the said Bank to any other person or persons whatever, such stockholder shall cease to be a member of the said Cor- poration. 18. The said Company shall not directly or indirectly deal in any thing excepting bills of exchange, gold or silver, bullion, or in the sale of goods really and truly pledged for money lent and not redeemed in due time, or in the sale of stock pledged for money lent and not so redeemed, which said goods and stock so pledged shall be sold by the said Corporation at public sale, at any time not less than thirty days after the period for redemption, and if upon such sale of goods or stock there shall be a surplus, after deducting the money lent together with the expenses of sale, such surplus shall be paid to the proprietors thereof respectively. 19. Repealed by 7 V. c. 14, s. 1. 20. Every bond, bank bill, or bank note, or other instrument, by the terms or effect of which the said Corporation may be charged or held liable for the payment of money, shall specially declare in such form as the Board of Directors shall prescribe, that payment shall be made out of the joint funds of the said Corporation. 21. The total amount of the debts which the said Corpora- tion shall at any time owe, whether by bond, bill, or note, or other contract whatsoever, shall not exceed twice the amount of the capital stock actually paid in by the stockholders ; and in case of any excess, the Directors under whose adminis- tration and management the same shall happen, shall be liable for such excess in their natural and private capacities ; pro- vided always, that the lands, tenements, goods, and chattels of the said Corporation shall also be liable for such excess. 22. The Directors shall make half yearly dividends of all profits, rents, premiums, and interest of the said Corporation, payable at such time and place as the Directors shall appoint, of which they shall give thirty days previous notice in two of the Newspapers published in this Province. 23. The books, papers, correspondence, and funds of the said Corporation shall at all times be subject to the inspection G 4 c 12] BANKS. 573 of the Directors, but no stockholder not a Director shall inspect the account of any individual with the said Corporation. 24. All the bills or notes issued by the said Corporation shall be signed by the President for the time being, and counter- signed and attested by the Cashier, and shall be printed and made in stereotype plates, and all bills or notes so signed and countersigned, shall be binding on the said Corporation. 25. The said Corporation shall be liable to pay to any bona fide holder, the original amount of any note of the said Bank which shall have been counterfeited or altered in course of its circulation to a larger amount, notwithstanding such alteration. 26. The said Bank shall be kept and established at Saint Andrews, or at such other place as the Board of Directors may think it necessary to remove the said Bank on account of any great emergency, for the security thereof. 27. The Directors shall at the general meeting to be held on the first Monday in May in every year, lay before the stock- holders for their information, an exact and particular statement of the amount of debts due to and by the said Corporation, the amount of bank notes then in circulation, the amount of gold and silver on hand, and the amount of such debts as are, in their opinion, bad or doubtful, also the surplus or profit, if any remaining after deduction of losses and provisions for dividends ; which statement shall be signed by the Directors, and attested by the Cashier, and a duplicate statement so signed and attested, shall be transmitted to the Secretary of the Province, for the information of His Excellency the Lieutenant Governor or Commander in Chief for the time being, and the Honorable His Majesty's Council ; provided always, that the rendering of such statement shall not extend to give any right to the stock- holders, not being Directors, to inspect the account of any individual or individuals with the said Corporation. 28. Any joint Committee hereafter to be appointed by the Honorable the Legislative Council and the House of Assembly, for the purpose of examining into the proceedings of the said Corporation, shall either during the Session or prorogation of the General Assembly, have free access to all the books and vaults of the same. 29. Any number of stockholders not less than twelve, who together shall be proprietors of one hundred shares, shall have 574 BANKS. [4 W 4 c 44 power at any time, by themselves or their proxies, to call a general meeting^of the stockholders, for purposes relating to the business of the said Corporation, giving at least thirty days previous notice in two of the Newspapers published in the Province, and specifying in such notice the time and place df such meeting, with the objects thereof; and the Directors, or any five of them, shall have the like power at any time (upon observing the like formalities) to call a general meeting as aforesaid; 30. On any dissolution of the said Corporation, immediate and effectual measures shall be taken by the Directors then in office for closing all the concerns of the said Corporation, and for dividing the capital and profits which may remain among the stockholders, in proportion to their respective interests. 31. This Act shall continue and be in force until the first day of May which will be in the year of our Lord one thousand eight hundred and fol'tyfive. 4th William 4th — Chapter 44. An Act to incorporate suiidry persons by the name of the President, Directors, and Company of the Central Bank of New Brunswick. Section. Section. 1. Incfirporation of Company. 19. Stockholders, for what liable. 2. Capital Stock. 20. Bills, ftc, terms of. 3. What'lanJs may possess. 21. Debts of Corporation, what not to exceed. 4. Obsolete. 22. Dividends. 5. Annual meeting for choosing Directors, 23. Inspection of books, &c. Sec. 24. BiUs, &c., how signed. 6. Officers, by whom appointed. 25. Altered note, Jtc, to what extent to pay. 7. Board, hpyir, constituted, &c. 26. Bank, where kept. ^ 8. Director not to hare salary ; exception. 27. Statement of aSairs, before whom laid. 9. Qualification of. . ^ ,,, ,, 28. Loan, when not allpwed.; 10. Cashier, &c., to give bonds, &c. 29. Access to books, &e., by whom. 11. Scale of votes, '&c. ' ■ ' '.'re 30. General meeting} who may call. 12. Stockholders, how to vote. 31. On dissolution, how business closed. 13. Number of shares to be held by whom. 32. Debts, aggregate of, due frora'Direclors. 14. Directors, vacancies how filled. 33. Returns, how made. 15. Notice on paymelits required, 8ec. ^34. Delinquents, list of, by whom furnished. 16. Noticq to. Provincial Secretary, when 35. When Director disqualified as a delin- ' ' given ' quent. ' ^ ' ' 17. > Shares assignable. 36. Act deemed public. 18. Corporation, in what to deal. 37. Limitation. Passed 22n(l March \S34. Whereas it is thoiight that the establishment of a Bank at Fredericton would promote the interests of the Province, by increasing the means of circulation ; — Be it enacted, &fc. — 1. Jedediah Slason, John Robinson, 4 W 4 c 44] BANKS. 575 Hugh Josiah Hansard, T. V. W. Clowes, Richard Ketchum, John A. Beckwith, Thomas Pickard, James Taylor, Amasa Coy, George Hayward, Thomas O. Miles, Charles S. Putnam, Thomas T. Smith, Thomas C. Everitt, Peter Fisher, Thomas Wyer, Thomas Barker, George J. Dihblee, Henry George Clopper, Richard English, Charles Parley, Jeremiah M. Con- nell, Charles Fisher, John T. Smith, James Taylor, Jumor, and L. A. Wilmot, their associates, successors, or assigns, be and they are hereby declared to be a body corporate, by the name of "The President, Directors, and Company of the Cen- tral Bank of New Brunswick," and they shall be persons able and capable in law to have, get, receive, take, possess, and enjoy houses, lands, tenements, hereditaments, and rents, in fee simple or otherwise, and also goods and chattels, and all other things real, personal, or mixt, and also to give, grant, let, or assign the same or any part thereof, and to do and execute all other things in and about the same as they shall think necessary for the benefit and advantage of the said Cor- poration ; and also that they be persons able and in law capable to sue and be sued," plead and be impleaded, answer and be answered unto, defend and be defended, in any Court or Courts of law and equity, or any other places whatsoever, in all and all manner of actions, suits, complaints, domands, pleas, causes, and matters whatsoever, in as full and ample a manner as any other person or persons are in law capable of suing and being sued, pleading and of being impleaded, answering and of being answered unto ; and also that they shall have one common seal to serve for the ensealing of all and singular their grants, deeds, conveyances, contracts, bonds, articles of agreement, assignments, powers and warrants of attorney, and all and singular their affairs and things touching and concerning the said Corporation ; and also that they, the said President, Directors, and Company, or the major part of them, shall from time to time and at all times have full power, authority, and licence to constitute, ordain, make, and establish such laws and ordinances as may be thought necessary for the good rule and government of the said Corporation ; provided that such laws and ordinances be not contradictory or repu"'- nant to the laws or statutes of that part of the United Kingdom of Great Britain and Ireland called England, or repugnant or contrary to the laws and statutes of this Province. 576 BANKS. [4 W 4 c 44 2. The capital stock of the said Corporation shall consist of current gold and silver coins of the Province, to the amount of fifteen thousand pounds ; the sum of seven thousand five hun- dred pounds, one half part thereof, to be paid in current gold and silver coins of the Province within one year from the passing of this Act, and the further sum of seven thousand five hundred pounds within two years from the passing of this Act; the whole amount of said stock to be divided into shares of twenty five pounds each, making in the whole six hundred shares. 3. The said Corporation shall have full power and authority to take, receive, hold, possess, and enjoy, in fee simple, any lands, tenements, real estates, and rents, to any amount not exceeding fifteen hundred pounds ; provided nevertheless, that nothing herein contained shall prevent or restrain the said Corporation from taking or holding real estate to any amount whatsoever by mortgage taken as collateral security for the payment of any sum or sums of money advanced by or debts due to the said Corporation ; provided further, that the said Corporation shall on no account lend money upon mortgage, or upon lands, or other fixed property, nor such be purchased by the said Corporation upon any pretext whatsoever, unless by way of additional security for debts contracted with the said Corporation in the course of its dealings. 4. [Obsolete.'] 5. There shall be a general meeting of the stockholders and members of the said Corporation, to be annually holden on the first Monday in March in each and every year, at Frederictoa ; at which annual meeting, there shall be chosen by a majority of the said stockholders and members of the said Corporation, nine Directors, who shall be resident in the County of York, and continue in office for one year, or until others are chosen in their room ; in the choice of which Directors, the stock- holders and members of the said Corporation shall vote accord- ing to the rule hereinafter mentioned ; and the Directors when chosen shall a,t their first meeting after their election choose out of their number a President ; provided always, that not more than eight nor less tbarn five of the Directors in oflSce shall be re-elected at such annual meeting for the next suc- ceeding twelve months, of which the President shall always be one. 4 W 4 c 44] BANKS, 577 6. The Directors for the time being shall have power to appoint such officers, clerks, and servants, as they or the major part of them shall think necessary for executing the business of the said Corporation, and shall allow them such compen- sation for their respective services as to them shall appear reasonable and proper; all which, together with the expenses of buildings, house-rent, and all other contingencies, shall be defrayed out of the funds of the Corporation ; and the said Directors shall likewise exercise such other powers and autho- rities for the well regulating the affairs of the said Corporation, as shall be prescribed by the bye laws and regulations of the same. 7. Not less than five Directors shall constitute a Board for the transaction of business, of which the President shall always be one, except in the case of sickness or necessary absence, in which case the Directors present may choose one of their board as Chairman in his stead; the President shall vote at the board as a Director, and in case of there being an equal number of votes for and against any question before them, the President shall have a casting vote ; provided always, that no note or bill offered for discount at the said Bank shall be refused or excluded by a single vote. 8. No Director shall be entitled to any salary or emolument for his services, but the stockholders and members of the said Corporation may make such compensation to the Pre- sident as to them shall appear reasonable and proper. 9. No person shall be eligible as Director unless such person is a stockholder, and holding not less than eight shares of the capital stock of the said Corporation ; provided always, that the stockholder so otherwise qualified, be not a Director in any other Banking Company in this Province. 10. Every Cashier and Clerk of the said Corporation, before he enters upon the duties of his office, shall give bonds, with two or more sureties, to be approved of by the Directors, that is to say, every Cashier in a sum not less than five thousand pounds, with a condition for his good and faithful behaviour, and every Clerk with the like condition, and sureties in such sum as the Directors shall deem adequate to the trust reposed in them. 11. The number of votes which each stockholder shall be 37 578 BANKS. [4 W 4 c 44 entitled to on every occasion, when in conformity to the provi- sion of this Act the votes of the stockholders are to be given, shall be in the following proportion, that is to say : — For one share and not more than four, one vote; for every four shares above four and not exceeding twenty, one vote, making five votes for twenty shares ; for evei-y eight shares above twenty and not exceeding sixty, one vote, making ten votes for sixty shares ; which said number of ten votes shall be the greatest that any stockholder shall be entitled to have. 12. Alt stockholders resident within this Province or else- where may vote by proxy, provided that such proxy be a stockholder, and do produce sufficient authority in writing from his constituent or constituents so to act ; provided that no stockholder be entitled to hold more than three proxies. 13. No member of the said Corporation during the first six months, to be accounted from and after the passing of this Act, shall be entitled to hold and subscribe for more than twenty shares of the said capital stock ; and if the whole of the said capital slock shall not have been subscribed within the said six months, so to be accounted as aforesaid, then and in such case it shall be lawful for any stockholder or stockholders to increase his, her, or their subscriptions to thirty shares ; pro- vided always, that no stockholder shall be permitted to hold more than fifty shares in the whole, unless the same be acquired by purchase after the said Bank shall have commenced its operations ; and provided also, that no stockholder in the said Bank at any one time shall hold more than twenty per cent, of the capital stock. 14. The Directors be and they are hereby authorized to fill up any vacancy that shall be occasioned in the board by the death, resignation, or absence from the Province for three months of any of its members ; but in case of the removal of a Director by the stockholders for misconduct or mal-admin- istration, his place shall be filled up by the said stockholders; and the person so chosen by the Directors or the stockholders, shall serve until the next succeeding annual meeting of the stockholders. 15. Before any stockholder shall be required to make pay- ment of any instalment upon the amount of his subscription, fifty days previous notice shall be given by the Directors in two 4 W 4 c 44] BANKS. 579 of the Newspapers published in this Province, of the time and place of such payment, and the Directors shall commence with the business and operations of the Bank of the said Corpora- tion ; provided always, that no bank bill or bank notes shall be issued or put in circulation, nor any bill or note be discounted at the said Bank until the said sum of seven thousand five hundred pounds shall be actually paid in and received on account of the subscriptions to the capital stock of the said Bank. 16. As soon as the sum of seven thousand five hundred pounds shall have been paid in current gold and silver coins, and shall then be in the vaults of the said Bank, the President shall give notice thereof to the Secretary of the Province, for the information of His Excellency the Lieutenant Governor or the Commander in Chief for the time being, who is hereby authorized, by and with the advice of His Majesty's Council, to appoint three Commissioners, not being stockholders, whose duty it shall be to examine and count the money actually in the vaults, and to ascertain, by the oaths of the majority of Directors, that half the amount of its capital hath been paid in by the stockholders towards payment of their respective shares, and not for any other purpose, and that it is intended to have it there remain as part of the capital stock of the said Bank ; which investigation is hereby declared indispensable, and shall be made at the periods prescribed by the second Section of this Act, when paying in the capital stock of the said Bank. 17. The shares or capital stock shall be assignable and transferable according to the rules and regulations that may be established in that behalf; but no assignment or transfer shall be valid or effectual, unless such assignment or transfer shall be entered and registered in a book to be kept by the Directors for that purpose, nor until such person or persons so making the same, shall previously discharge all debts actually due and payable to the said Corporation ; and in no case shall any fractional part of a share, or other than a complete share or shares, be assignable or transferable ; whenever any stockholder shall transfer in manner aforesaid all his stock or shares in the said Bank to any other person or persons whatever, such stockholder shall cease to be a member of the said Corporation. 580 BANKS. [4 W 4 c 44 18. The said Company shall not directly nor indirectly deal in any thing excepting bills of exchange, gold or silver, bullion, or in the sale of goods really and truly pledged for money lent but not redeemed in due tirije, or in the sale of stock pledged for money lent and not so redeemed ; which said goods' and stock so pledged shall be sold by the said Corporation at public sale, at any time not less than thirty days after the period for redemption ; and if upon such sale of goods or stock there shall be a surplus, after deducting the money lent together with the expenses of sale, such surplus shall be paid to the proprietors thereof respectively. 19. The holders of the stock of the said Bank shall be chargeable in thpir private and individual capacity, and shall be holden for the payment and redemption of all bills which may have been issued by the said Corporation, and also for the payment of all debts at any time due from the said Corporation, in proportion to the stock they respectively hold ; provided however, that in no case shall any one stockholder be liable to pay a sura exceeding the amount of stock actually then held by him ; provided nevertheless, that nothing previously con- tained shall be construed to exempt the joint stock of the said Corporation from being also liable far, and chargeable with, the debts and engagements of the same. 20. Every bond, bank bill, or bank note, or other instrument, by the terms or effect of which the said Corporation may be charged or held liable for the payment of money, shall specially declare, in such form as the Board of Directors shall prescribe, that payment shall be made out of the joint funds of the said Corporation ; provided nevertheless, that nothing herein con- tained shall be construed to alter, change, or diminish the responsibilities and liabilities imposed on stockholders in their individual capacities by the nineteenth Section of this Act. 21. The total amount of the debts which the said Corporation shall at any time owe, whether by bond, bill, or note, or other contract whatsoever, shall not exceed twice the amount of the capital stock actually paid in by the stockholders ; and in case of any excess, the Directors under whose administration and management the same shall ha()pen, shall be liable for such excess in their individual and private capacities ; provided always, that the lahds, tenements, goods, and chattels of the said Corporation shall also be liable for such excess. 4 W 4 c 44"] BANKS. 581 22. The Directors shall make half yearly dividends of all the profits, rents, premiums, and interest of the said Corporation, payable at such time and place as the Directors shall appoint, of which they shall give thirty days previous notice in two of the Newspapers published in this Province. 23. The books, papers, correspondence, and funds of the said Corporation shall at all times be subject to the insspection of the Directors ; but no stockholder not a Director shall inspect the account of any individual with the said Corporation. 24. All the bills or notes issued by the said Corporation shall be signed by the President for the time being, and counter- signed and attested by the Cashier, and shall be printed and made in steel plates ; and all bills or notes so signed and countersigned Shall be binding on the said Corporation, and p&yable in specie at said Bank. 25. The said Corporation shall be liable to pay to any bona fide holder, the original amount of any note of the said Bank which shall have been counterfeited or altered in course of its circulation to a larger amount, notwithstanding such alteration. 26. The said Bank shall be kept and established at Frede- ficton, or at such other place as the Board of Directors may think it necessary to remove the said Bank on account of any great emergency, for the security thereof; 27. The Directors shall at the general meeting to be held on the first Monday in March in every year, lay before the stockholders for their information, an exact and particular statement of the amount of debts due to and by the said Cor- poration, the amount of bank notes then in circulation, the amount of the gold and silver on hand, and the amount of such debts as are, in their opinion, bad or doubtful, also the surplus or profit (if any) remaining after deduction of losses and provisions for dividends ; which statemepts shall be signed by the Directors and attested by the Cashier ; and a duplicate statement so signed and attested, shall be transmitted to the Secretary of the Provincej for the information of His Excel- lency the Lieutenant Governor or Commander in Chief for the time being, and the Legislature ; provided always, that the rendering of such statement shall not extend to give any right to the stockholders, not being Directors, to inspect the account of any individual or individuals with the said Cotporation. 582 BANKS. [4 W 4 c 44 28. No loan shall be made by the said Bank on the pledge of its own stock. 29. 'Any joint Committee hereafter to be appointed by the Honorable the Legislative Council and the House of Assembly, for the purpose of examining into the proceedings of the said Corporation, shall either during the Session or prorogation of the General Assembly, have free access to all the books and vaults of the same. 30. Any number of stockholders not less than tw^elve, who together shall be proprietors of two hundred shares, shall have power at any time by themselves or their proxies, to call a general meeting of the stockholders for purposes relating to the business of the said Corporation, giving at least thirty days previous notice in two of the Newspapers published in the Province, and specifying in such notice the time and place of such meeting, with the objects thereof; and the Directors or any five of them shall have the like power at any time, upon observing the like formalities, to call a general meeting as aforesaid. 31. On any dissolution of the said Corporation, immediate and effectual measures shall be taken by the Directors then in office for closing all the concerns of the said Corporation, and for dividing the capital and profits which may remain among the stockholders, in proportion to their respective interests ; and in case any bills issued by the said Corporation shall remain unpaid, the holders of stock in said Corporation, as vvell as;those who were stockholders at the time of the notice of said dissolution, (which said notice shall take place by a publication of their intention so to do in the Royal Gazette twelve months previous to the said Corporation being allowed to carry t,he same into effect,) shall be chargeable in their private and individual capacity for the payment and redemp- tion thereof, in proportion to the stock they respectively held or hold, subject however to the proviso mentioned in the nine- teenth Section of this Act ; provided however, that this liability shall continue for two years only from after the notice of such dissolution. 32. The aggregate of all the debts due from the Directors of the said Bank as principals, endorsers, or sureties, shall not at any one time exceed thirty three and one third per centum of the capital stock. 4 W 4 c 44] BANKS. 583 33. The Cashier of the said Bank shall semi-annually, that is to say, on the first Monday in [the word here omitted is repealed by 6 W. 4, c. 58, s. 10,] and the first Monday in June in each and er«ry year, make a return of the state of the said Bank as it existed at two of the clock in the afternoon of the said days respectively, and shall forthwith transmit the same to the Office of the Secretary of the Province ; which return shall specify the amount due from the Bank, designating in distinct columns the several particulars included therein ; and shall also specify the resources of the said Bank, designating indistinct columns the several particulars included therein ; and the said return shall be made in the following form, viz : — FORM OF RETURN. State of Bank on the Monday of 18 , 2 o'clock v.u. DUE FROM BANK. Bills in circulation. Net profits on hand, Balance due to other Banks, Cash deposited, including all sums whatever due from the Bank not bearing interest, its bills in circulation, profits, and balances due to other hanks excepted, Cash deposited bearing interest, Total amount due from the Bank, RESOURCES OF THE BANK. Gold, silver, and other coined metals in its banking house. Real estate. Bills of other Banks incorporated in this Province, Balances due from other Banks, Amount of all debts due, including notes, bills of exchange, and all stock and funded debts of every description, excepting the balances due from other Banks, Total amount of the resources of the Bank, Date and amount of the last dividend, and when declared. Amount of reserved profits at the time of declaring the last dividend, Amount of debts due and not paid,, and considered doubtful, 584 BANKS. [4 W 4 c 44 T ■ Which return shall be signed by the Cashier of said Bank, who shall make oath or affirmation before some Magistrate qualified to administer oaths, to the truth of said return according to the best of his knowledge and belief; and the Cashier of the said Bank shall also make return under oath, whenever required by the Legislature, of the names of the stockholders, and the amount of stock owned by each ; and a majority of the Directors of said Baiik shall certify and make oath or affirmation before the same Magistrate as the said Cashier, that the books of said Bank indicate the state of facts so returned by their Cashier, and that they have full confidence in the truth of the return so made by him ; and it shall be the duty of the Secretary of the Province annually to lay before the Legislatiire of this Province, as soon after the opening of aHy Sessioii thereof as practicable, true copies < of such returns as aforesaid as he may have received since the then last previous Session. 34. The Cashier or acting Cashier for the time being, shall on each and every discount day furnish a true list to the Pre- sident or Chairman of the said Bank of all delinquent promisors, endorsers, and sureties, made up to [the word here omitted is repealed by 6 W. 4, c. 58, s. 11,] o'clock on the day preceding the discount day, which list shall be called a delinquent sheet ; and it shall be the duty of the President or Chairman on each and every discount day as aforesaid, to read the name or names contained in such delinquent sheet to the Board of Directors ; and in case the name of any Director shall appear on such delinquent sheet either as promisor, endorser, or surety, it is hereby declared illegal for such Director to sit at the board or take any part in the management of the affairs of the said Bank during the continuance of such delinquency. 35. In the event of any Director continuing a delinquent as aforesaid for ninety consecutive days at any one time, such continued delinquency shall disqualify such Director from holding his seat, and it shall be the duty of the President and oth€?r Directors forthwith to fJroceed in filling up the vacancy ih the manner prescribed in the fourteenth Sectioti of this Act, as in the case of death or absence from the Province. 36. This Act'shall be deemed and taken to be a public Act, and shall be judicially taken notice of as such without being specially pleaded. 6 W 4 c 32] BANKS. 585 37. This Act shall continue and be in force until the first day of May which will be in the year of our Lord one thousand eight hundred ftnd fifty four. 6th William 4th — Chapter 32. An Act to incorporate sundry persons by the name of the President, Directors, and Company of the Saint Ste- phens Bank, in the County of Charlotte. Section. Section. 1. Incorporation of Company. SO. Bills, 4c., terms of. 2. Capital Stock. SI. Debts, ^bat not to exceed. a. What amount of lands may possess. 3S. Dividends. 4. When meeting of stockholders may be 23. Books, &c., suhject to what inspection. called. S4. Notes, by whom signed. 5. Annual meeting, when held, &c. 25. Altered notes, to what extent paid. e. Officersi fcc, how appointed. S6. Bank where kept. 7. Board of Directors. 27. Statement of aifairs, before whom laid. 8. No Director to have a salary ; exception. 28. Loan wheif not allowed. 9. dualification of. 29. Access to books, &;c.. by whom. 10. Cashier, &c., to give bonds,- See. 30. General meetings, who may call. 11. Votes of stockholders regulated. 31. On dissolution, how to close affairs. 12. How to vote. 32. Debts of Directors, aggregate of. 13. What number of shares may hold. 33. Betunis, what and how to make. 14. Director^' Vacancies, how 6lled. 34. Delinquents, list of 15. Notice to stockholders for payments. 35. Disqualification of Directors on accpuntof. 16. Notice of Secretary of money paid in, &c. 36. Notes, how presented before suit. 17. Shares assignable^ 37, Shares to be personal estate. 18. Corporation in what to deal. 38. Liable to seizure on execution. 19. Debts, for what stockholders liable. 39. Limitation. Passed %lh March 1836. Whereas it is thought that the establishment of a Bank at Saint Stephens would promote the interests of the Province, by increasing the means of circulation ; — Be it enacted, ^c,-r-l. Nehemiah Marks, John Marks, Robert Lindsay, Ninian Lindsay, William Porter, John Por- ter, George M. Porter, Samuel Abbot, Henry Eastman, Wil- liam P. Libby, Abner Hill, Stephen Hill, George S. Hillj John M'Allister, John M'Allister, Junior, Japhet Hill M'Allister, William Todd, Junior, Robert M. Todd, Dan Pineo, John L. Lovejoy, Stephen H. Hitchings, Robert Hitchings, Joseph N. Clarke, John Milliken, Aaron Upton, Alexander Campbell, Peter Stubs, Junior, George Abbot, William Andrews, Thomas Armstrong, Abner Hill, Junior, James Frink, Schuyler P. Frink« Thomas Wyer, Robert Watson, Alexander Grant, Freeman H. Todd, add Charles Simonds, their associates, suc- cessorSj or assigns, be and they are hereby declared to be a body corporate, by the name of " The President, Directors, and Company of the Saint Stephens Bank, in the County of Char- 586 BANKS. [6 W 4 c 32 lotte ;" and they shall be persons able and capable in law to have, get, receive, take, possess, and enjoy houses, lands, tenements, hereditaments, and rents, in fee simple or other- wise, and also goods and chattels, and all other things real, personal, or mixt, and also to give, grant, let, or assign the same or any part thereof, and to do and execute all other things in and about the same as they shall think necessary for the benefit and advantage of the said Corporation ; and also that they be persons able and in law capable to sue and be sued, plead and be impleaded, answer and be answered unto, defend and be defended in any Court or Courts of law and equity, or any other places whatsoever, in all and all manner of actions, suits, complaints, demands, pleas, causes, and mat- ters whatsoever, in as full and ample a manner as any other person or persons are in law capable of suing and being sued, pleading and of being impleaded, answering and of being answered unto ; and also that they shall have one common seal to serve for the ensealing of all and singular their grants, deeds, conveyances, contracts, bonds, articles of agreement, assignments, powers and warrants of attorney, and all and singular their affairs and things, touching and concerning the said Corporation ; and also that they, the said President, Direc- tors, and Company, or the major part of them, shall from time to time and at all times have full power, authority, and licence to constitute, ordain, make, and establish such laws and ordi- nances as may be thought necessary for the good rule and government of the said Corporation ; provided that such laws and ordinances be not contradictory or repugnant to the laws or statutes of that part of the United Kingdom of Great Britain and Ireland called England, or repugnant or contrary to the laws and statutes of this Province. 2. The capital stock of the said Corporation shall consist of current gold and silver coins of the Province, to the amount of twenty five thousand pounds ; the sum of twelve thousand five hundred pounds, one half part thereof, to be paid in current gold and silver coins of the Province within one year from the passing of this Act, and the further sum of twelve thousand five hundred pounds within two years from the passing of this Act ; the whole amount of said stock to be divided into shares of twenty five pounds each, making in the whole one thousand shares. 6 W 4 c 32] BANKS. 587 3. The said Corporation shall have full power and authority to take, receive, hold, possess, and enjoy, in fee simple, any lands, tenements, real estates, and rents, to any amount not exceeding two thousand pounds ; provided nevertheless, that nothing herein contained shall prevent or restrain the said Corporation from taking or holding real estate to any amount whatsoever by mortgage, taken as collateral security for the payment of any sum or sums of money advanced by or debts due to the Corporation ; provided further, that the said Cor- poration shall on no account lend money upon mortgage, or upon lands, or other fixed property, nor such b'e purchased by the said Corporation upon any pretext whatsoever, unless by way of additional security for debts contracted with the said Corporation in the course of its dealings. 4. Whenever three hundred shares shall have been sub- scribed of the said capital stock, a genera! meeting of the members and stockholders of the said Corporation, or the major part of them, shall take place by notice in one or more of the public Newspapers thirty days previous to such meeting, for the purpose of making, ordaining, and establishing such bye laws, ordinances, and regulations for the good management of the affairs of the said Corporation, as the members and stockholders of the said Corporation shall deem necessary, and also for the purpose of choosing nine Directors, being stock- holders and members'of the said Corporation, under and in pursuance of the rules and regulations hereinafter made and provided ; which Directors so chosen shall serve until the first annual meeting for choice of Directors, and shall have full power and authority to manage the concerns of the said Cor- poration, and shall commence the operations of the said Bank, subject nevertheless to the rules and regulations hereinafter made and provided ; at which general meeting, the members and stockholders of the said Corporation, or the major part of them, shall determine the amount of payments to be made on each, also the mode of transferring and disposing of the stock and profits thereof, which being entered on the books of the said Corporation, shall be binding on the said stockholders, their successors, and assigns. 5. There shall be a general meeting of the stockholders and members of the said Corporation, to be annually holden on 588 BANKS. [6 W 4 c 32 the first Monday in April in each and every year, at Saint Stephens ; at which annual meeting there shall be chosen by a raajofrity of the said stockholders and members of the said Corporation, nine Directors, who shall be resident in the County of Charlotte, and continue in office for one year, or until others are chosen in their room ; in the choice of which Directors, the stockholders and members of the said Corporation shall vote according to the rule hereinafter mentioned ; and the Directors, when chosen, shall at their first meeting after their election, choose out of their number a President 5 provided always, that not more than eight nor less than five of the Directors in office shall be re-elected at such annual meeting for the next succeeding twelve months, of which the President shall always be one. 6. The Directors for the time being shall have power to appoint such officers, clerks, and servants, as they or the major part of them shall think necessary for executing the business of the said Corporation, and shall allow them such compensation for their respective services as to them shall appear reasonable and proper ; all which, together with the expenses of buildings, house-rent, and all other contingencies, shall be defrayed out of the funds of the Corporation ; and the said Directors shall likewise exercise such other powers and authority for the well regulating the affairs of the said Cor- poration as shall be prescribed by the bye laws and regulations of the same. 7. Not less than five Directors shall constitute a Board for the transaction of business, of which the President shall always be one, except in the case of sickness or necessary absence, in which case the Directors present may choose one of their board as Chairman in his stead ; the President shall vote at the board as a Director, and in case of their being an equal number of votes for and against any question before them, the President shall have a casting vote; provided always, that no note or bill offered for discount at the said Bank shall be refused or excluded by a single vote. 8. No Dii-ector shall be entitled to any salary or emolument for his services, but the stockholdei'S and members of the said Corporation may make such compensation to the President as to them shall appear reasonable and proper. 6W4c32] BANKS, 589 9. No person shall be eligible as a Director unless such person is a stockholder, and holding not less than ten shares of the capital stock of the said Corporation ; provided always, that the stockholder so otherwise qualified, be not a Director in any other Banking Company in this Province. 10. Every Cashier and Clerk of the said Corporation, before he enters upon the duties of his office, shall give bonds, with two or more sureties, to be approved of by the Directors, that is to say, every Cashier in a sura not less than five thousand pounds, with a condition for his good and faithful behaviour, and every Clerk with the like conditions, and sureties in such sum as the Directors shall deem adequate to the trusts reposed in them. 11. The number of votes which each stockholder shall be entitled to on every occasion when in conformity to the pro- visions of this Act the votes of the stockholders are to be given, shall be in the following proportion, that is to say : — For one share and not more than four shares, one vote ; for every four shares above four and not exceeding twenty, one vote, making five votes for twenty shares ; for every eight shares above twenty and not exceeding sixty, one vote, making ten votes for sixty shares ; which said number of ten votes shall be the greatest that any stockholder shall be entitled to have. 12. All stockholders resident within this Province or else- where may vote by proxy, provided that such proxy be a stockholder, and do produce sufficient authority in writing from his constituent or constituents so to act ; provided that no stockholder be entitled to hold more than three proxies. 13. No member of the said Corporation during the first three months, to be accounted from and after the passing of this Act, shall be entitled to hold and subscribe for more than twenty shares of the said capital stock ; and if the whole of the said capital stock shall not have been subscribed within the said three months, so to be accounted as aforesaid, then and in such cases it shall be lawful for any stockholder or stockholders to increase his, her, or their subscriptions to fifty shares ; provided always, that no stockholder shall be permitted to hold more than eighty shares in the whole, unless the same be acquired by purchase after the said Bank shall have com- menced its operations ; and provided also, that no stockholder 590 BANKS. [6 W 4 c 32 in the said Bank at any one time shall hold more than twenty per cent, of the capital stock. 14. The Directors be and they are hereby authorized to fill up any vacancy that shall be occasioned in the board by the death, resignation, or absence from the Province for three months of any of its members, but in the case of the remo- val of a Director by the stockholders for misconduct or mal-administration, his place shall be filled up by the said stockholders ; and the person so chosen by the Directors or the stockholders shall serve until the next succeeding annual meeting of the stockholders. 15. Before any stockholder shall be required to make pay- ment of any instalment upon the amount of his subscription, fifty days previous notice shall be given by the Directors in two of the Newspapers published in this Province, of the time and place of payment, and the Directors shall commence with the business and operations of the Bank of the said Corpora- tion ; provided always, that no bank bill or bank notes shall be issued or put in circulation, nor any bill or note be dis- counted at the said Bank until the said sum of twelve thousand five hundred pounds shall be actually paid in and received on account of the subscriptions to the capital stock of the said Bank. 16. As soon as the sum of twelve thousand five hundred pounds shall have been paid in current gold and silver coins, and shall then be in the vaults of the said Bank, the President shall give notice thereof to the "Secretary of the Province, for the information of His Excellency the Lieutenant Governoror the Commander in Chief for the time being, who is hereby authorized, by and with the advice of His Ma:jesty's Executive Council, to appoint three Commissioners, not being stock- holders, whose duty it shall be to examine and count the money actually in the vaults, and to ascertain, by the oaths of the majority of Directors, that half the amount of its capital hath been paid in by the stockholders towards payment of their respective shares, and not for any other purpose, and that it is intended to have it there remain as part of the capital stock of the said Bank ; which investigation is hereby declared indis- pensable, and shall be made at the periods prescribed by the second Section of this Act, when paying in the capital stock of the said Bank. 6 W 4 c 32] BANKS. 591 17. The shares or capital stock shall be assignable and transferable according to the rules and regulations that may be established in that behalf; but no assignment or transfer shall be valid or effectual, unless such assignment or transfer shall be entered and registered in a book to be kept by the Directors for that purpose, nor until such person or persons so making the same shall previously discharge all debts actually due and payable to the said Corporation ; in no case shall any fractional part of a share, or other than a complete share or shares be assignable or transferable ; whenever any stock- holder shall transfer in manner aforesaid all his stock or shares in the said Bank to any other person or persons whatever,' such stockholder shall cease to be a member of the said Cor- poration. 18. The said Company shall not directly nor indirectly deal in anything excepting bills of exchange, gold or silver, bullion, or in the sale of goods really and truly pledged for money lent and not redeemed in due time, or in the sale of stock pledged for money lent and not so redeemed ; which said goods and stock so pledged shall be sold by the said Corporation at public sale at any time not less than thirty days after the period for redemption ; and if upon such sale of goods or stock there shall be a surplus, after deducting the money lent together with the expenses of sale, such surplus shall be paid to the proprietors thereof respectively. 19. The holders of the stock of the said Bank shall be chargeable in their private and individual capacity, and shall be holden for the payment and redemption of all bills which may have been issued by the said Corporation, and also for the payment of all debts at any time due from the said Corpo- ration, in proportion to the stock they respectively hold ; provided however, that in no case shall any one stockholder be liable to pay a sumexceeding the amount of stock actually then held by him ; provided nevertheless, that nothing previ- ously contained shall be construed to exempt the joint stock of the said Corporation from being also liable for and chargeable with the debts and engagements of the same. 20. Every bond, bank bill, or bank note, or other instrument, by the terms or effect of which the said Corporation may be charged or held liable for the payment of money, shall specially 592 BANKS. [6 W 4 c 32 declare in such form as the Board of Directors shall prescribe, that payment shall be made out of the joint funds of the said Corporation ; provided nevertheless, that nothing herein con- tained shall be construed to alter, change, or diminish the responsibilities and liabilities imposed on stockholders in their individual capacities by the nineteenth Section of this Act. 21. The total amount of the debts (deposits excepted) which the said Corporation shall at any time owe, whether by bond, bill, or note, or other contract whatsoever, shall not exceed twice the amount of the capital stock actually paid in by the stockholders, and in case of any excess, the Directors under whose administration and management the same shall happen, shall be liable for such excess in their individual and private capacities ; provided always, that the lands, tenements, goods, and chattels of the said Corporation shall also be liable for such excess. 22. The Directors shall make half yearly dividends of all profits, rents, premiums, and interest of the said Corporation, payable at such time and place as the Directors shall appoint, of which they shall give thirty days notice in two Newspapers published in this Province. 23. The books, papers, correspondence, and funds of the s^d Corporation shall at all times be subject to the inspection of the Directors, but no stockholder not a Director shall inspect the account of any individual with the said Corporation. 24. All the bills or notes issued by the said Corporation shall be signed by the President for the time being, and countersigned and attested by the Cashier, and shall be printed and made in steel plates, and all bills and notes so signed and countersigned shall be binding on the said Corporation, and payable in specie at said Bank. 25. The said Corporation shall be liable to pay to any bona fide holder, the original amount qf any note of the said Bank which shall have been counterfeited or altered in course of its circulation to a larger amount, notwithstanding such alteration. 26. The said Bank shall be kept and c^stablished at Saint Stephen, or at such other plape as ^he Board of Directors may think it necessary to remove the said Bank on account^of any great emergency, for the security therepf^ 27. The Directors shall at the general meeting f,o be held 6 W 4 c 32] BANKS. 593 on the first Monday in April in every year, lay before the stockholders for their information, an exact and particular statement of the amount of debts due to and by the said Cor- poration, the amount of bank notes then in circulation, the amount of the gold and silver on hand, and the amount of such debts as are, in their opinioit; bad or doubtful, also the surplus or profit (if any) remaining after deduction of losses and provisions for dividends ; which statements shall be signed by the Directors and attested by thfe Cashier, and a duplicate statement so signed and attested,' shall, be transmitted to the Secretary of the Province, for the information of His Excel- lency the Lieutenant Governor or Commander in Chief for the time being, and the Legislature ; provided always, that the rendering of'such statement shiall not extend to give any right to the stockholders, not being Directors, to inspect the account of any individual or individuals with the said Corporation. 28. No loan shall be niade by the said Bank on the pledge of its own stock. 29. Any joint Committee hereafter to be appointed by the Honorable the Legislative Council and the House of Assembly, for the purpose of examining into the proceiedings of the said CotporAtion, shall either during the Session or prorogation of the General AsseHibly, have firee access to all the books and vaults Of the same. 30. Any number of stockholders not less than twelve, who together sh'all be proprietors of three Hundred shares, shall have power at any time, by themselves or their proxies, to call a general meeting of the stockholders for purposes relating to the business of the said Corporation, giving at least thirty days previous notice in two Newspapers published in the Province, and specifying in such notice the time and place of such meet- ing, with the objects thereof; ahd the Directors, or any five of them, shall have the like power at any time, upon observing the like formalities, to call a general meetinjg as aforesaid. 31. On any dissolution of the said Corporation, immediate and effectual measures shall be taken by the Directors then in office, for closing all the concerns of the said Corporation, and for dividing the capital and profits which may remain among the stockholders, in proportidh to their respective interests; and in case any bills issued bv the said Corporation shall rehiain 38 594 BANKS. [6 W 4 e 32 unpaidi the holders of stock in the said Corporation, as well as those who were stockholders at the time of the notice of the said dissolution, (which said notice shall take place by a publi- cation of their intention so to do in the Royal Gazette twelve months previous to the said Corporation being allowed to carry the same into effect) shall be chargeable in their private and individual capacity for the payment and redemption thereof, in proportion to the stock they resjiectively held or hold, subject however to the proviso mentioned in the nineteenth Section of this Act ; provided however, that this liability shall continue for two years only from after the notice of such dissolution. 32. The aggregate of all the debts due to the said Bank frbm the Directors thereof as principal, endorsers, or sureties, shall not at any one time exceed thirty three and one third per centum of the capital stock. 33. The Cashier of the said Bank shall semi-annually, that is to say, on the first Monday in January and the first Monday in July in each and every year, majie a return in triplicate of the state of the said Bank, as it existed at three of the cloc^k in the afternoon of the said days respectively, and, s,h,a,ll forth- with transmit the same to the Office of the Secretary of the Province, whicfi return shall specify the amount due from the Bank, designating in distinct columns the several particulars included thereit]) and shall also specify the resources of, the said Bank, designating in distinct coluqins the several particu- lars included therein ; and th^e said return shall be made in the following form, viz : — FORM OF RETURN. State of Bank on the Monday of 18 , 3 o'c/oc* p. M. DjUE FROM BANK. Bills in circulation, Net profits on hand. Balance due to other Banks, Cash deposited, including all sums whatever due from the Bank not bearing interest, its bills in circulation, profits, . and balances due to other Banks excepted, Cash deposited, bewaring iptprestj T<^t^l amount due frgm the Bank, ., 6 W 4 c 32] BANKS. 595 RESOURCES OF THE BANK. Gold, silver, and other coined metals in its banking house, Real estate, Bills of other Banks incorporated in this Province, Balances due from other Banks, Amount of all debts due, including notes, bills of exchange, and all stock and funded debts of every description, excepting the balances due from other Banks^ Total amount of the resources of the Bank, Date and amount of the last dividend, and when declared, Amount of reserved profits at the time of declaring the last dividend. Amount of debts due and not paid, and considered doubtful. Which return shall be signed by the Cashier of said Bank, who shall make oath or affirmation before some Magistrate qualified to administer oaths, to the truth of said return according to the best of his knowledge and belief; and the Cashier of the said Bank shall also make return under oath, whenever required by the Legislature, of the names of the stockholders, and the amount of stock owned by each ; and a majority of the Direc- tors of said Bank shall certify and make oath or afiirniation before the same Magistrate as the said Cashier, that the books of said Bank indicate the state of facts so returned by their Cashier, and that they have full confidence in the truth of the return so made by him ; and it shall be the duty of the Secre- tary of the Province annually to lay before the Legislature of this Province as soon after the opening of any Session thereof as practicable, one of such respective returns as he may have received since the then last previous Session. 34. The Cashier or acting Cashier for the time being, shall on each and every discount day furnish a true list to the Pre- sident or Chairman of the said Bank, of all delinquent promisers, endorsers, and sureties, made up to three o'clock on the day preceding the discount day, which list shall be called a delin- quent sheet ; and it shall be the duty of the President or Chair- man on each and every discount day as aforesaid, to read the name or names contained in such delinquent sheet, to the Bbard 596 BANKS. [6 W 4 B 32 of Directors ; and in case the name of any Director shall appear on such delinquent sheet, either as promi^er, endorser, or surety^ il is hereby declared illegal for such Director to sit at the board, or take any part in the management of the affairs of the said Bank during the continuance of such delinquency. 35. In the event of any Director continuing a delinquent as aforesaid for ninety consecutive days at any one time, such continued delinquency shall disqualify such Director from holding his seat ; and it shall be the duty of the President and other Directors forthwith to proeeecJ in filling up the vacancy in the manner prescribed in the fourteenth Section of ibis Act, as in the case of death or absence from the Province. 36. No action shall be brought or maintained upon any bank bill or bank note which shall be issued by the said Corporation, before such bill or note shall have been presented at the Bank for payment, and default in payment shall thereupon take place. 37. All and every the shares in the teapitai stock of the said Bank, and all the profits and advantages of such shares respec- tively, shall be deemed and considered to be of the nature of and shall be personal estate, and transmissible as such accord- ing^ly- 38. The shares in the capital stock of the said Bank shall be liable to be seized and taken in execution and sold in like manner with other personal property ; provided alwa/s, that the Sheriff or other officer executing such execution, shall leave a copy of such execution, certified by the Sheriff or his deputy, with the Cashier of the said Bank; and the sbai'es in the capital stock of the said Bank so liable to such execution, shall be deemed to be seized in execution when such copy is so left, and the sale shall be rnade within thirty days afte^' such seizure ; and on production of a bill of sale from the Sheriff, the Cashier of the said Bank shall transfer the number of sljiares sold under such execution to the purchaser or pur- chasers therj^of, and such transfer shall bb valid ain,d effectual notwithstanding there may be any debt due to the. said Bank from the person or persons whose shares may be seized and spld ; provided aisp, that the said Cashier shall, upon the ex- hibiting to hi(n of such certified copy of the execution, be bound to give to such Sheriff or other officer a, certificate of the numr ber of shares in the said capital stock held by the judgment € W 4 c 57] BANKS. 597 dr.btor named in such execution, and the shares pf such judg- ment debtor in the said capital stock shall be bound by such execution only from the time when such copy of the execution shall be so left with the Cashier. 39. Ttiis Act shall continue and be in force until the first day of May which will be in the year of our Lord one thousand eight hundred and fifty six. 6th Wii^^^M 4th— Chapter 57. An Act to provide for the further increase of the Capital Stock of the Bank of New Brunswick, and to amend and continue the Act for incorporating the said Bank. SSectiqn. Section. 1. InoreaB? of ««pi.taj. 11. Shades, to vyhat littblp. 3. Additional shares, how disposed ofi 13. Returns, to whom made. 3i. How paid for, &,<:. 13' Delinquent sh^et, to whom furnished. 4. Instalments, when forfeited. 14. Disqualification of Directors. 5. Holdersofodd.itipn^lstock, toi^hatUable. 15. When note for dis4>c/t P.M. DUE FROM THE BANK. Bills in circulation, Net profits on hand, 6 W 4 C 57] BANKS. 601 Balance due to other Banks, C/ash deposited, including all sums whatever due from the Bank not bearing interest, its bills in circulation, profits, and balances due to other Banks excepted, Ca^h deposited bearing interest, Total amount due from the Bank, RESOURCES OF THE BANK. Gold, silver, and other coined metals in its banking house, Real estate. Bills of other Banks incorporated in this Province, Balance due from other Banks, Amount of ail debts due, including notes, bills of exchange, and all stock and funded debts of every description, excepting the balances due from other Banks, Tptal amojjnt qf the resources of the Bank, Date and amount of the last dividend and vi^hen declared, Amount of reserved profits at the time of declaring the last dividend. Amount of debts due and not paid, and considered doubtful, Which return shall be signed by the Cashier of said Bank, who shall make oath or affirmation before some Magistrate qualified to administer oaths, to the truth of the said return according to the best of his knowledg;e and belief; and the Cashier of the said Bank shall also make return under oath, whenever re- quired by the Legislature, of the names of the stockholders, and the amount of stock owned by each; and a majority of the Directors of the said Bank shall certify and make oath or affirmation before the same Magistrate as the said Cashier, that the books of the said Bank indicate the state of facts so re- turned by their Cashier, and that they have full confidence in the truth of the return so made by him ; and it shall be the d(ity of the Secretary of the Province annually to lay before each branch of the liegislature of this Province, as soon after the opening of any Session thereof as practicable, one of such respective returns as he may have received since the then last previous Session. 602 ^ BANKS. [6W4c57 13. The Cashier or acting Cashier for the time being, shall on each and every discount day furnish a true list to the Pre- sident or Chairman of the said Bank of all delinquent promisers, endorsers, and sureties, made up to three o'clock on the day preceding the discount day, which list shall be called a delin- quent sheet ; and it shall be the duty of the President or Chairman on each and every discount day as aforesaid, to read the name or names contained in such delinquent sheet to the Board of Directors ; and in case the name of any Director shall appear on such delinquent sheet either as a promiser, endorser, or surety, it is hereby declared illegal for such Director to sit at the board, or take any part in the manage- ment of the affairs of the said Bank during the continuance of such delinquency. 14. In the event of any Director continuing a delinquent as aforesaid for ninety consecutive days at any one time, such continued delinquency shall disqualify such Director from holding his seat, and it shall be the duty of the President and other Directors forthwith to proceed in filling up the vacancy in like manner as in the case of death or absence from the Province. 15. No note or bill offered for discount at the said Bank shall be refused or excluded by a single vote. 16. The said hereinbefore recited Act of the sixtieth year of the Reign of King George the Third shall be and remain in force in all respects except as hereinbefore altered or amended, and shall further continue and be in force until the first day of May which will be in the year of our Lord one thousand eight hundred and sixty. 17. This Act and an Act made and passed in the sixth year of the Reign of King George the Fourth, intituled An Act to increase the Capital Stock of the Bank of New Brunsmck, shall be and continue in force for and during the continuance of the said recited Act of the sixtieth year of the Reign of King George the Third, and no longer. 18. All and every the shares in the capital stock of the said Bank, whether original or additional stock, and all the profits and advantages of such shares respectively, shall be deemed and considered to be of the nature of and shall be personal estate, and be transmissible as such accordingly. 6 W 4 c 58] BANKS. 603 19. This Act shall not be in operation or in force until the first day of March next. 6th William 4th — Chapter 58. An Act to increase the Capital Stock of the Central Bank of New Brunswick, and to amend the Act incorporating the same. Section. - - Section. 1. Increase of capital. 9. Limitation as to debts. 2. Additional shares, how Bold. 10. Returns of state of Bank. 3. What to be the capital. 11. Delinquent sheet, how made up. 4. ISfotice of sale of stock. 12. Note to be presented before action. 5. Dividend of advance, &c. 13. Shares, what deemed. 6. On default, shares to be resold. 14. To what liable. 7. Board of Directors to decide qaestions. 15. Limitation. 8. Additional shares, to what subject. Passed 16rt March 1836. Whereas from the increase of business and trade in this Province, and from the present limited capital of the Central Bank of New Brunswick, it is found expedient to increase the said Capital Stock and to amend the Act of incorporation; — Be it therefore enacted, &fe. — 1. The capital or stock of the Central Bank of New Brunswick shall be increased by a sum not exceeding thirty five thousand pounds, making the said capital stock in the whole not exceeding the sum of fifty thousand pounds, which additional capital or stock shall be divided into "one thousand four hundred shares of twenty five pounds each. 2. The said additional shares in the capital or stock of the said Bank shall be sold and disposed of by public auction to the highest bidder, in separate lots of four shares each, at the times and manner following, that is to say: — Such sum as the Directors for the time being shall appoint, not less than ten thousand pounds, making four hundred shares, on or before the fifteenth day of May next after the passingof this Act, and the remaining sum of twefaty five thousand pounds, making one thousand shares, (if so much shall remain unsold) at such time or times as the said Directors for the time being shall appoint; provided that no such sale shall take place of a less sum than five thousand pounds at one time nor after the period of five years from the passing of this Act. 3. In case the Directors of the said Bank for the time being shall not deem it advisable or expedient to sell stock to the 604 BANKS. [6 W 4 c 58 full amount of thirty five thousand pounds as provided for by the second Section of this Act, then and in such case the amount actually sold at the expiration of the said term of five years from the time of the passing of this Act, in addition to the present capital of fifteen thousand pounds, shall be deemed and taken to be the capital stock osf the said Bank^ 4. The said Directors shall give at least fifty days notice of the time and place of any sale of stock under and by virtue of the provisions of this Act, and cause the same to be published as speedily as may be in four public Newspapers printed at Fredericton, Saint John, Saint Andrews, and Miramichi, in which notice shall be particularly specified the time when such slock, with the advance or premium thereon, will be required to be paid into the Bank. 5. The whole amount of such advance or premium, (if any there be) first deducting thereout the charges of such sale, §hall be divided in equal proportions to and among ^11 the shares in the capital or stock of the said Bapk, as well the ^dditipni^l as the original shares, and such dividend of the said qijvance or premium sheiU be d:eclare4 and paid by the said Directors immediately after the payment into the Bank of the purchase money of the said additional shares ; ^nd banking operations may tal^e place upon each respective amount of sjich Eidditional stock sq called in when the Directors, or a majority of them, together with the Cashier of the said Bank, shall h,ave signed and verified by oath, and filed in the Office of the Secretary of the Province, a certificate that such amount of. capital stock at any time called in has actually been paid into the said Bank in current gold and silver coins of the Pro- vince, and npt before. 6. In case of default of payment of any of the said shares, and the advance or premium at which they may have been sftld, on the day or days when the same shall be notified to be paid as aforesaid, it shall and may be lawful for the Directors of the said Bank fur the time being, forthwith to sell and dispose of the said shares in the payment o/ which default shall be so made, at their discretion, to the best advantage, and any advance or premium thereon shall be divided in the manper hereinbefore mentioned. 7. Whenever any question shall require to be decided hy 6 W 4 c 58] BANKS. 605 the Directors under the provisions of this Act, the board shall be constituted and the votes taken in the manner prescribed in and by the seventh Section of the Act incorporating the said Bank. 8. The said additional shares hereby created, and the holders thereof, shall at all times be subject and liable to all and singular the rules and regulations, clauses and provisions of an Act made and passed in the fourth year of the Reign of His present Majesty King William the Fourth, intituled An Act to incor- porate sundry persons hy the name of the President, Directors', and Company of the Central Bank of New Brunswick, and of the bye laws of the said Corporation, and of this Act, and atiy other Act or Acts of Assembly to be made and passed relating to the said Bank 9. And whereas by the twenty first Section of the said here- inbefore recited Act,- it is enacted that the total amount of the debts which the said Corporation shall at any time owe, whether by bond, bill, note, or other contract whatsoever; shall not exceed twice the amount of the capital stock actually paid in by the stockholders ; — Nothing in the said Section shall extend or be construed to extend to any moiiey deposited in the said Bank. 10. And whereas in and by the thirty third Se'ction of the hereinbefore recited Act, the Cashier of the said Bank is required semi-annually, that is to say, on the first Monday in January and the first Monday in June in each and every year, to make a return of the state of the said Bank as it existed at two of the clock in the afterilbori of the said days respectively, and forthwith transmit the same to the Secretary of the Province : And whereas that part of the said thirty third Section above recitfed is inconsistent in part and in •other respects difficult to be coniplied with ; — From an-d after the passing of this Act, the said Cashier shall semi-annually, that is to say, on the first Monday in December and the first Monday in June in each and every year, make a return in triplicate of the said Bank as it existed at three of the clock in the afternoon of the said days respectively, and shall forth- with transmit the same in triplicate to the Secretary' of the Province; and in case of the sickness or unavoidable absence of the said Cashier, then and in sueh case it shall and may b6 606 BANKS. [6 W 4 c 58 lawful for the said Cashier to make the said return so soon after the time and times required in and by this Section as he possibly can ; provided always, that nothing herein contained shall be construed to extend to alter the nature, character, or manner of making the said return, or otherwise to repeal the said thirty third Section of the said recited Act, except as is herein specially provided. 11. And whereas also in and by the thirty fourth Section of the said recited Act, the Cashier of the said Bank is required to furnish the President or Chairman of the said Bank with a true list of all delinquent promisers, endorsers, and sureties, made up to two o'clock on the day preceding the discount day, which list shall be called a delinquent sheet: And whereas the making up of the said list or delinquent sheet at two o'clock has been found inconvenient ; — From and after the passing of this Act, the said Cashier shall make up the said delinquent sheet to three of the clock in the afternoon of the day preceding the discount day, and furnish the same to the President or Chairman of the said Bank, agreeably to the terms and pro- visions of the said thirty fourth Section of the said Act. 12. No action shall be brought or maintained upon any bank bill or bank notes already issued, or which shall hereafter be issued by the said Corporation, before such bill or note shall have been presented at the Bank for payment, and default in payment shall thereupon take place. 13. All and every the shares in the capital stock of said Bank, whether original or additional stock, and all the profits and advantages of such shares respectively^ shall be deemed and considered to be of the nature of and shall be personal estate, and transmissible as such accordingly. 14. The shares in the capital stock of the said Bank shall be liable to be seized and taken in execution and sold in like manner with other personal property ; provided always, that the Sheriff or other officer executing such execution shall leave a copy of such execution, certified by the Sheriff or his deputy, with the Cashier of the said Bank ; and the shares in the capital stock of the said Bank so liable to such execution, shall be deemed to be seized in execution when such copy is so left, and the sale shall be made within thirty days after such seizure; and on production of a bill of sale from the Sheriff, 8 W 4 e 9] BANKS. 607 the Cashier of the said Bank shall transfer the number of shares sold under such execution to the purchaser or pur- chasers thereof, and such transfer shall be valid and effectual notwithstanding there may be any debt due to the said Bank from the person or persons whose shares may be seized and sold ; provided also, that the said Cashier shall, upon the exhibiting to him of such certified copy of the execution, be bound to give to such Sheriff or other officer a certificate of the number of shares in the said capital stock held by the judgment debtor named in such execution ; and the shares of such judgment debtor in the said capital stock shall be bound by such execution only from the time when such copy of the execution shall be so left with the Cashier. 15. This Act shall continue and be in force and effect for and during the continuance of the Act to which this is an amendment. 8th William 4th — Chapter 9. An Act in addition to an Act intituled An Act to incor- porate sundry persons by the name of the President, Directors, and Company of the Saint Stephens Bank, in the County of Charlotte. Section 1.— Time extended for part of Capital. Passed 22nd July 1837. Whereas by the second Section of the above recited Act, one half of the capital stock of the said Bank is required to be paid in within one year, and the other half within two years from the passing of the same : And whereas it is expedient that a longer time be given for paying in the remaining half of the said capital stock than is allowed by the said Act ; — Be it therefore enacted, ifc. — 1. The further time of two years from the eighth day of March one thousand eight hundred and thirty eight, be allowed for paying in the unpaid half of the said capital stock,ithe same to be paid in current gold and silver coins of this Province, agreeably to the provisions of the said recited Act. 608 BANKS. [SW4cl6 8th William 4th — Chapter 16. An Act to enable the Proprietors or Shareholders of a Company called the Bank of British North Attierica, to sue and be sued in this Province, in the name of the Manager or of any of the local Directors for the time being of the said Company. Section. . ; ■ fefedtioii; • ' < 1. Legal proceedings, how conducted. 7. Act, how long to exten^.. 2. IndictmentBg&c. in wfibae name preferred. 8. To what' not to extend. 3. Actions by and between Company and 9. Registry of stotikhqlders, where kept*, stockholders. 10. Registry of transfers. 4. May be as if stockholdtirg were not so. 11, Provincial Se!cre^ry!8 duty. 5. Executions on judgments against Com- 12. Registry book filed, &c. ?pany. . 13. In jpfectidil of, &c. 6. Judgments against Manager, &c., effect of Pitsm WM July 1837. Whereas certain persons in England and in this Province have formed themselves into a Company or Partnership called or known by the name of " The Bank of British North Ame- rica," for the purpose of establishing and carrying on Banks of issue and deposit at various Cities, Towns, and places, as well within this Province as within other British Settlements and Colonies in North America, and have subscribed and paid a considerable s\im of money in order to c^t'rf on thfe business of the said Bank : AHd Wherfeas it is expectbd that thti public interests of this Province will bie greatly benefited by th6 ope- rations of the said Company: And Whereas inconveniences tiiay hereafter arise in recovering' debts diie to the said Companyj' and also in enforcing claims for or on account of the said Company, and generally in suing and being sued, and al^o in prosecuting persons Who may Steal, injure, or embezzle the property of, or who commit arty other offence ag'ainst the Said Company, sinte by law all the proprietors ot shareholders foi^ the time being of the said Company ought in such cases to sue and be sued, and prosecute by their sieVeral distindt namfes ; wherefore for obviating and removing this inconveniences afore- said, — Be it enacted, ^c. — 1. Froiti and after the passirtg of tWs Act, all actions and suits whatsoever at law or iii fetjuity, which may be brotightj instituted, or prosecuted witMn this Provin'ce, against any person or persons already indebted or whb ftiay hereafter be indebted to the said Company, called " The Bank ofBritish North America," and all actions, suits, and other proceedings whatsoever at hiw or in equity within this Pro- 8 W 4 c 16] BANKS. 609 vince, for any injury or wrong done to any real or personal property of the said Company, in whomsoever the same may for the time being be vested, wheJher in the said Company or some person or persons in trust for, or for the use and benefit of the said Company, or upon any bonds, covenants, contracts, or agreements which already have been or hereafter shall be given or entered into with the said Company, or to or with any person or persons whomsoever in trust for, or for the use and benefit of the said Company, or wherein the said Company is or shall be interested, and generally all other proceedings whatsoever at law or in equity within this Pro- vince, wherein the said Company is or shall be concerned or interested, against any person or persons, or body or bodies politic or corporate, or others, whether such person or persons, or any of them, or such body or bodies politic or corporate, or any member or members thereof respectively, is or are or shall be a proprietor or proprietors, or other holder or holders of any share or shares in the said Company or not, shall and lawfully may be commenced, instituted, and prosecuted in the name of the Manager or of any one of the local directors of the said Company in this Province at the time when any such action, or suit, or other proceeding shall be commenced or instituted, as the nominal plaintiff, pursuer, or complainer, or as acting in any other character for or on behalf of the said Company ; and all actions, suits, or other proceedings at law or equity within this Province, to be commenced. Instituted, or prosecuted against the said Company by any person or persons, or body or bodies politic or corporate, whether such person or persons, or such body or bodies, or any member or members thereof, is or are or shall be a proprietor or proprietors, or other holder or holders of any share or shares in the said Company or not, shall and lawfully may be commenced, instituted, and pro- secuted against one of the local directors or the Manager of the said Company in this Province at the time when any such suit, or action, or other proceeding shall be commenced or instituted, as the nominal defendant, respondent, or defender in such last mentioned actions, suits, or proceedings, for or on behalf of the said Company ; and the death, resignation, or removal, or any other act of such Manager or local director shall not abate or prejudice any action, suit, or other proceeding in law 39 610 BANKS. [8 W 4 c 16 or equity commenced or instituted under this Act, but the same may be continued, prosecuted, carried on, or defended in the name of any other local director or of the Manager for the time being of the said Conipanyi 2. From and after the passing of this Act, it shall be lawful for the said Company, by any local director or Manager for the time being of the said Company, to prefer any indictment, or information, or other criminal proceeding in any Court or Courts in this Province, against any person or persons, for any offence already committed or which shall hereafter be com- mitted against the said Company; and in all indictments, informations, and other proceedings against any person or persons whomsoever for feloniously taking, stealing, or em- bezzling, damaging, or destroying, or for any offence whatever relating to any goods, chattels, notes, bills, bonds, deeds, or any securities, moneys, and effects, or any real or personal property whatever, of or belonging to the said Company, such goods, chattels, notes, bills, bonds, deeds, securities, moneys, effects, and property respectively may be laid and stated to be the gc^ds, chattels, notes, bills, bonds, deeds, securities, moneys, effects, or property respectively of "The Bank of British North America ;" and it shall not be necessary to state in any such indictment, information, or other proceeding, the name or names of all or any of the persons now or at anytime hereafter constituting the said Company ; and any offender or offenders shall or may thereupon be lawfully convicted in as effectual a manner to all intents and purposes as if the names of all the persons constituting the said Company were inserted in such indictment, information, or other proceeding, or in any proceeding or proceedings consequent or attendant thereon. 3. Any person being or having been a proprietor or other holder of any share or shares in the said Company, and having any claim or demand upon the Company, or the funds or pro- perty thereof, on any account whatsoever, may for such claim or demand commence, prosecute, and carry on any action, suit, or other proceeding either at law or equity, within this Pro- vince, against any local director or the Manager for the time being of the said Conipany, as the nominal defendant, respon- dent, or defender ; and any local director or the Manager for the time being of the said Company, may as the nominal 8W4cl6] BANKS. 611 'plaintiff, pursuer, or complainer, commence and carry on in his own name any action, suit, or other proceeding at law or in equity in this Province, against any individual proprietor or other holder of any share or shares in the said Company against whom the said Company may have any claim or demand ; and all such actions, suits, and other proceedings, shall be as valid and effectual as if all the proprietors or other holders of shares in the said Company had been made parties thereto ; and every judgment, decree, and order made thereiti^ shall be binding for or against the said Company, and all the proprietors or other holders of shares in the said Company ; and no abatement shall arise from the death, resignation, or removal, or any other act of the said local director or Manager pending any such action, suit, or other proceeding, but the same may be continued, defended, prosecuted, or carried on in the name of any other local director or Manager of the said Company for the time being. A. Provided always, that every person being a proprietor or other holder of any share or shares in the said Company, shall in all cases be liable to be sued, prosecuted, or proceeded against by or for the benefit of the said Company, under the powers of this Act, by such actions, suits, or other proceedings, in such and the same manner as effectually and with such and the same legal consequences as if such person had not been a proprietor or other holder of any share or shares in the said Company. 5. Execution upon any judgment in any action, or suit, or other proceedings under this Act, obtained against any local director or Manager for the time being of the said Company, whether as plaintiff or defendant, may be issued against any proprietor or proprietors, or other holder or holders for the time being of any share or shares in the said Company ; pro- vided always, that in case such execution against any proprietor or proprietors, or other holder or holders of any share or shares in the said Company, shall be ineffectual for obtaining pay- ment of and satisfaction for the sum or sums sought to be recovered thereby^ it shall be lawful for the party or parties who shall have obtained a judgment against any local director or Manager for the time being of the said Company, to issue execution against any other person or persons who was or 612 BANKS. [8 W 4 c 16 were a proprietor or proprietors, or other holder or holders or any share or shares in the said Company at the time the con- tract or contracts was or were entered into, upon which such action, suit, or other proceeding may have been brought or instituted ; but no such execution as last mentioned shall be issued without leave first granted by the Court in which such action, suit, or other proceeding raay have been brought or instituted, which leave shall be applied for upon motion to be made in open Court, on notice to the person or persons sought to be charged ; provided also, that nothing herein contained shall render such past proprietors liable for payment of any debt for which such action, suit, or other proceeding may have been brought, to which they would not have been liable by operation of law as partners, in case any action, suit, or other proceeding had been originally brought against them by the same ; provided also, that nothing in this Act contained shalt be deemed or taken to enable any plaintiff or defendant in any action, suit, or other proceeding under this Act, to recover from any proprietor or other holder for the time being of shares- in the said Company, or any other person whomsoever, any greater sum or sums of money than such proprietor or other holder or person would or might have been liable to pay, either at law or in eqtiity, under any contract for the time being sub- sisting, if this Act had not been passed. 6. All and every judgment' or judgments which shall at any time after the passing of this Act be obtained or recovered in any action, suit, or other proceeding in law or equity, against any local director or Manager of the said Company, shall have the like effect and operation upon and against the funds or pro- perty of the said Company, as if such judgment or judgments had been recovered or obtained against the said Company in any action, suit, or proceeding in law or equity, brought or commenced against the said Company, by or in the several and distinct names of the several proprietors or other holders of shares, and as if this Act had not been passed. 7. This Act, and the provisions herein contained, shall extend to the said Company, called " The Bank of British North America," at all times during the continuance thereof, whether the said Company hath been heretofore from time to time, or shall hereafter be composed of all or some of the persons who 8 W 4 c 16] BANKS. 613 were the original proprietors thereof, or of all or some of those persons, together with sonae other person or persons, or whether the said Company be at the time of passing this Act composed altogether of persons who were not original proprietors of the Company, or whether the said Company shall hereafter be composed of persons who were not original proprietors thereof, or of persons all of whom shall have become proprietors of the said Company subsequently to the passing of this Act. 8. Nothing herein contained snail extend to incorporate the said Company, or to relieve or discharge the said Company, or any of the proprietors or other holders of shares in the said Company, from any responsibility, contract, duty, or obligation whatsoever to which by Jaw they, he, or she now are, or is, or at any time hereafter may be subject or liable, either as be- tween such Company and olher parties, or as between the said Company and any of the individual proprietors or other holders of shares in the said Company and others, or as between or among themselves, or in any other manner howsoever. 9. Within one year after the passing of this Act, the names and places of residence of all the then stockholders in the said Company shall be entered and registered at the Office of the Secretary of this Province, in a book to be there kept by the said Secretary for that purpose ; in which shall also be entered the date or time when each of such stockholders became a proprietor of such stock, and in which book shall also be entered a memorandum, in the form hereinafter mentioned, of every transfer of stock that may thereafter be made by any of the stockholders, which entry shall always be made within twelve months after such transfer shall be made. 10. Whenever any sale or transfer of stock of the said Com- pany shall be made after the passing this Act, a memorandum thereof signed by both parties, and by one or more witness or witnesses, shall within one year after such transfer be filed by the purchaser or person to whom the same may be so trans- ferred at the Office of the Secretary of this Province, which memorandum shall be in the following form, that is to say— A. B. this day transferred to C. D. shares in the Capital Stock of the Bank of British North America.— iDated this day of . (Signed) A. B. Witness, C. j). 614 BANKS. [8 W 4 c lei And any transfer or sale of any stock in the said Company, of which a memorandum in the form hereinbefore mentioned shall not be so filed at the Secretary's Office aforesaid, in manner and form and within the time in this Act directed, shall not be deemed a good and sufficient transfer against subsequent purchasers. 11. It shall be the duty of the Secretary of the Province for the time being, immediately or as soon after the filing at his office of every such memor^dum as the same can be done, to cause the same to be entered and registered in the said book of registry so to be kept at the said Secretary's Office as aforesaid ; and which said book so to be kept shall be entitled and called the " Record of the Stockholders of the Bank of British North America." 12. The said book so to be kept at the Secretary's Office shall in the first instance be furnished and then filed by the said Company, with the names, residence, and dates of all the then stockholders respectively, fairly entered therein, and at least three fourths of the said book left blank for the entry of memorandums of transfer that may be thereafter made as in this Act directed. 13. Such book of record shall be open to the inspection of all persons applying at the said Secretary's Office during office hours for that purpose, and the Secretary of the Province for the time being shall for his trouble be allowed, and is hereby authorized to charge for every entry of such memorandum of transfer in the said book of registry a fee of one shilling and six pence currency, and for every search in the book made by any person applying at the said office for that purpose, the sum of one shilling, which said fees to be paid ai the time of filing such memorandum of transfer, and making such search re- spectively ; and when the first book so to be kept as herei»>- before directed shall be filled up, it shall be the duty of the Secretary of the Province to furnish another, and keep at his, own expense all succeeding books that may be required for such registry, so long as the same shall be required by law to be there kept. 2 V c 26] BANKS. 615 2nd Victoria — Chapter 26. An Act in addition to an Act intituled An Act to incor- porate sundry persons by the name of the President, Directors, and Company of the Bank of New Brunswick. Section. Section, 1. Capitalof City Bank, how received, &c, 3. City Bank securities, to wliom trans- 2. OlBcers. ferred, Sec, Passed 2^rd March 1839. Whereas it is considered expedient that an union should take place between the Bank of New Brunswick and the City Bank ; — Be it therefore enacted, ifc. — 1. The President, Directors, and Company of the Bank of New Brunswick, shall and may, at any time hereafter, (if an arrangement for that purpose can be effected) receive into the capital stock of the said Bank of New Brunswick the capital stock of the City Bank, in the City of Saint John, which capital stock of the said City Bank shall, when so received, become and be part and parcel of the capital stock of the said Bank of New Brunswick ; and the said Bank of New Brunswick and the said City Bank shall then and from thenceforth be united into one Bank, under the name of " The President, Directors, and Company of the Bank of New Bruns- wick," and as such be subject to the provisions of the said Act incorporating the said Bank of New Brunswick, and also to the provisions of an Act made and passed in the sixth year of the Reign of His late Majesty King William the Fourth, inti- tuled An Act relating to Corporations, and also to the pro- visions of. a certain other Act made and passed in the same year of the Reign of His said late Majesty, intituled An Act to prescribe certain general regulations in respect to Corporations, and »ls9 to the provisions of an Act made and passed in the sixth year of the Reign of His late Majesty King William the Fourth, intituled An Act to provide for the further increase of the Capital Stock of the Bank of New Brunswick, and to amend and continue the Act for incorporating the said Bank, and also to such rules and regulations for the good order and govern- ment of the said Bank of New Brunswick as have already been made, or may hereafter be made, agreeably to the said Act incorporating the said Bank of New Brunswick, and to the said Act made in the sixth year of the Reign of King William 616 BANKS. [2Vc26 the Fourth for increasing the capital stock of the same Bank ; provided always, that the whole amount of the capital stock of the same Bank, when increased under the provisions of this Act, shall not exceed the amount to which the stockholders of the same Bank are authorized to increase the capital stock thereof, by the provisions of the said last mentioned Act, passed in the sixth year of the Reign of King William the Fourth, that is to say, the sum of one hundred thousajid pounds ; and provided also, that the increase of the capital stock of the same Bank, made under the provisions of this Act, shall be deemed and taken pro rata, to be in lieu of any increase of such capital stock under the provisions of the said last mentioned Act of the sixth year of the Reign of King William the Fourth. 2. When an union of the said Bank of New Brunswick and the said City Bank shall be effected, agreeably to the first Section of this Act, the persons then in office, as the Presideat andDirectorsof the said Bank of New Brunswick, shall continue in office as such, and be and act as the President and Directors of such united Bank until the next annual election of officers shall take place agreeably to the said Act incorporating the said Bank of New Brunswick ; provided that the provisions of this Act shall not take effect, except by the order of a majo- rity of the stockholders of the said Bank of New Brunswick, present at a meeting to be held at any time hereafter, agree- ably to the terms of the said Act incorporating the said Bank of New Brunswick, at which meeting shall be represented at least three fourths of the shares of the said stockholders. 3. All the bonds, bills, notes, or other securities, held by the said City Bank at the time of such union of the said two Banks, shall and may be transferred to and recovered by and in the name of the President, Directors, and Company of the said Bank of New Brunswick ; and the said President, Direc- tors, and Company of the said Bank of New Brunswick, shall be liable to and shall pay and discharge all bonds, bilk, notes, or other securities given by the said City Bank, and outstand- ing at the time of such union ; and the stockholders of the said Bank of New Brunswick after the said union, shall be liable for the said last mentioned bonds, bills, notes, and other securities, in like manner as for any other debts due from the said Bank of New Brunswick. 3 V c 35] BANKS. 617 3rd Victoria — Chapter 35. An Act to alter and amend an Act intituled An Act to incorporate sundry persons hy the name of the President, Directors, and Company of the Bank of New Brunswick. Section. Section. 1. Repeal of what Acta. 3. Board, what to form. 2. Directors, when chosen. 4. Powers of. Passed 25th March 1840. Whereas it is thought advisable that the number of Direc- tors to be annually chosen for the management of the concerns of the Corporation of the President, Directors, and Company of the Bank of New Brunswick, be reduced to nine, that fire of such number be sufficient to form a Board for the transac- tion of business, and that it shal! be no longer required that more than three of such Directors in office during the year preceding the day of each annual election shall be re-elected for the ensuing year ; and that one of the said Directors, so to be re-elected, shall as heretofore be the President of the said Corporation, who was in office during such preceding year ; — Be it therefore enacted, Sfc. — 1. So much of the Act made and passed in the sixtieth year of the Reign of His Majesty King George the Third, intituled An Act to incorporate sundry persons hy the name of the President, Directors, and Company of the Bank of New Brunswick, as relates to the number of Directors to be annually chosen for the management of the concerns of the said Corpdi-ation, the number requisite to constitute a Board for the transaction of business, and the number of Directors in office during the year preceding the day of election to be re-elected, and also an Act made and passed in the second year of the Reign of Her Majesty Queen Victoria, intituled An Act to alter and amend an Act intituled " An Act to incorporate sundry persons hy the name of the President, Directors, and Company of the Bank of New Brunswick," be and the same are hereby repealed. 2. At the general meeting of the stockholders and members of the said Corporation to be annually holden as by law re- quired, there shall be chosen by a majority of the stockholders and members of the said Corporation present, nine Directors for the management of the concerns of the said Corporation, who shall continue in office for one year, or until others are 618 BANKS. [4 V c 29 chosen in their room ; in the choice of which Directors, the stockholders and members of the said Corporation shall vote according to the rule in and by the said Act of incorporation mention«d ; and the Directors when chosen shall at their first annual meeting after their election choose out of their number a President; provided always, that three of the Directors in office shall be re-elected at such annual meeting for the next succeeding twelve months, of which the President shall always be one. 3. Five Directors so chosen, but no less than five, shall constitute a board for the transaction of business, of which the President shall always be one, excepting in case of sick- ness or necessary absence, in which case the Directors present may choose one of the board as Chairman in his stead ; the President shall vote at the board as a Director, and in case of there being an equal number of votes for or against any question before them, the President shall have a casting vote. 4. Every Board of the Directors to be hereafter annually elected and chosen, shall and may exercise and enjoy all and singular the powers and authorities heretofore granted to or exercised and enjoyed by the Board of Directors of the said Corporation, under and by virtue of the said Act of incorpo- ration. 4th Victoria — Chapter 29. An Act to extend the provisions of the Act for the increase of the Capital Stock of the Central Bank of New- Brunswick, Section I. — Keaidue of increased stock,, ho^ long time extended for sale. Passed \2th March 1841. Whereas by the second Section of an Act made and passed in the sixth year of the Reign of His late Majesty King William the Fourth, intituled .<4n Act to increase the Capital Stock of the Central Bank of New Brunswick, and to amend the Act incorporating the fame, it is enacted that no sale of such increased stock shall be made after the period of five years from the pa.ssing of the said Act : And whereas there now remains the sum of fifteen thousand pounds of such in- creased capital stock unsold, and it appearing from the 7 V C 14] BANKS. 619 petition from the President, Directors, and Company of the Central Bank, that it would not at this time be advisable to dispose of the said stock so remaining unsold ; — Be it therefore enacted, ^c. — 1. The term for the sale of the residue of the said increiased stock, amounting to thes sum of fifteen thousand pounds, shall be and the same is hereby extended to a further period of five years, and the President and Directors of the said Bank are hereby authorized and empowered to sell and dispose of the same at such time and times as they may deem expedient, giving at least fifty days notice in the Royal Gazette of the time of such sale, stating in such notice the amount of the increased stock it is intended to sell ; provided that no such sale shall take place for a less sum than five thousand pounds at any one time, nor after the said period of five years from the passing of this Act shall have expired. 7th Victoria — Chapter 14. An Act to coDtinue and amend the Act incorporating the Charlotte County Bank. Section. Section. 1. What Section of Act repealed. 7. Bank note when presented before suit. S. Stockholders' liability. 8. What Section of Act repealed. 3. Directors, aggregate liability. 9. Directors, number to be chosen. 4. Returns of state of Bank, &:c. when 10. Board for business. made. . 11. Directors, powers of. 5. Delinquent sheet, to whom furnished. 13. Loan, when not allowed. 6. Directors, disqualification for what. 13. Limitation. Passed 25th March 1844. Be it enacted, fyc. — 1. The nineteenth Section of an Act made and passed in the sixth year of the Reign of King George the Fourth, intituled An Act to incorporate sundry persons hy the name of the President, Directors, and Comfany of the Charlotte County Bank, be and the same is hereby repealed. 2. The holders of the stock of the said Bank shall be chargeable in their private and individual capacity, and shall be holden for the payment and redemption of all bills which may have been issued by the said Corporation, and also for the pay- ment of all debts at any time due from the said Corporation, in proportion to the stock they respectively hold ; provided however, that in no case shall any one stockholder be liable to pay a sum exceeding the amount of stock actually then held 620 BANKS. [7 V c 14 by him; provided nevertheless, that nothing previously con- tained shall be construed to exempt the joint stock of the said f/orporation from being also liable for and chargeable with the debts and engagements of the same. 3. The aggregate of all the debts due to the said Bank from the Directors thereof, as principals, endorsers, or sureties, shall not at any one time exceed thirty three and one third per centum of the capital stock. 4. The Cashier of the said Bank shall semi-annually, that is to say, on the first Monday in May and the first Monday in October in each and every year, make a return in triplicate of the state of the said Bank as it existed at three of the clock in the afternoon of the said days respectively, and shall forthwith transmit the same to the Office of the Secretary of the Province ; which return shall specify the amount due from the Bank, desigr nating in distinct columns the several particulars included therein; and shall also specify the resources of the said Bank, designating in distinct columns the several particulars included therein ; and the said return shall be made in the following form, viz : — FORM OF RETURN. Stale of Bank on the Monday of 18 , '6 o'clock V.M. DUE PROM THE BANK. Bills in circulation, Net profits on hand. Balance due other Banks, Cash deposited, including all sums whatever due from the Bank not bearing interest, its bills in circulation, profits, and balances due to other banks excepted, Cash deposited bearing interest. Total amount due from the Bank, RESOURCES OF THE BANK. Gold, silver, and other coined metals in its banking house. Real estate, Bills of other Banks incorporated in this Province, Balances dije from other Banks, Amount of all debts due, including notes, bills of exchange, and all stock and funded debts of every description, excepting the balances due from other Banks, Total amount of the resources of the Bank, 7 V C 14] BANKS. 621 Date and amount of the last dividend, and when declared, Amount of reserved profits at the time of declaring the last dividend, Amount of debts due and not paid, and considered doubtful. Which return shall be signed by the Cashier of the said Bank, who shall make oath or affirmation before some Magistrate qualified to administer oaths, to the truth of said return according to the best of his knowledge and belief; and the Cashier of the said Bank shall also make a return under oatht whenever required by the Legislature, of the names of the stockholders, and the amount of such stock owned by each ; and a.majority of the Directors of said Bank shall certify and make oath OF affirmation before the same Magistrate as the said Cashier, that the books of the said Bank indicate the state of facts so returned by their Cashier, and that they have full confidence in the truth of the return so made by him ; and it shall be the duty of the Secretary of the Province annually to lay before the Legislature of this Province, as soon after the opening of any Session thereof as practicable, one of such respective returns as he may have received since the then last previous Session. 5. The Cashier for the time being shall on each and every discount day furnish a true list to the President or Chairman of the sajd Bank, of all delinquent promisors, endorsers, and sureties, made up to three o'clock on the day preceding the discount day, which list shall be called a delinquent sheet ; and it shall be the duty of the President or Chairman on each and every discount day as aforesaid, to read the name or names contained in such delinquent sheet to the Board of Directors j and in case the name of any Director shall appear on such delinquent sheet either as promiser, endorser, or surety, it is hereby declared illegal for such Director to sit at the board or take any part in the management of the affairs of the said Bank during the continuance of such delinquency. 6. In the event of any Director continuing a delinquent as aforesaid for ninety consecutive days at any one time, such continued delinquency shall disqualify such Director from holding his seal ; and it shall be the duty of the President and 622 BANKS. [7 V c 14 other Directors, forthwith to proceed in filling up the vacancy in the manner pi'escribed in the fourteenth Section of the Act incorporating the said Bank. 7. No action shall be brought or maintained upon any bank bill or bank note, which shall be issued by the said Corporation, before such bill or note shall have been presented at the Bank for payment, and default in payment shall thereupon take place. 8. Whereas it is thought advisable that the number of Direc- tors to be annually chosen for the management of the concerns of the said Corporation be reduced to seven ; that three of said number form a board for the transaction of business ; and that it shall be no longer required that more than three of such Directors in office during the year preceding the day of such annual election, shall be re-elected for the ensuing year ; and that one of the said Directors so to be re-elected shall as here- tofore be the President of the said Corporation, who was in office during such preceding year ; — So much of the said recited Act as relates to the number of Directors to be annually chosen for the management of the concerns of the said Corpo- ration, the number required to constitute a Board for the transaction of business, and the number of Directors in office during the year preceding the day of election to be re-elected, be and the same are hereby repealed. 9. At the general meeting of the stockholders and members of the said Corporation to be annually bolden as by law required, there shall be chosen by a majority of the stockholders and members of the said Corporation present, seven Directors for the management of the concerns of the said Corporation, who shall continue in office for one year, or until others are chosen in their room; in the choice of which Directors, the stockholders and members of the said Corporation shall vote according to the rule in and by the said Act of incorporation mentioned ; and the Directors when chosen shall at the first meeting after their election, choose out of their number a President ; provided always, that three of the Directors in office shall be re-elected at such annual meeting for the next succeeding twelve months, of which the President shall always be one, 10. Of the seven Directors so chosen, not less than three shall constitute a board for the transaction of business, of which 15 V c 69, 70] BANKS. 623 the President shall always be one, excepting in case of sickness or necessary absence, in which cas. funds of the Corporation. 2. Capital to be i:iS,0OO, divisible into 21. Limit to debts payable ; liability for shares, and payable at speclfi'ed times. excess. 3. Limit of value of land to be held, except 22. Half yearly dividends to be made. as collateral' security. ■ 23. Books, &c. to be open to the Directors. 4. Calling of first meeting for making bye 24. Signers and countersigners of bills or laws and choosing Directors. notes. 5. Annual general me^eting for choosin'g 25. Payment of altered notes. Directors to be held on first Iilonday 26. Bank' to be established at Moneton. in June. 2,7. Statement. for annual general meeting. S. Appointment and compensation of officers, 28. No loan on pledge of stock. clerks, and servants. 29. Legislature to Imve access to Books. 7. Board for business ; vote of President i 30. Power to call general meetings. and refusal of discount. AL.- Closing eoncerns on any dissolution. 8. President may be compensated; but no 32. Limit of debts to Bank by the Directors. Director. ^ -. ' ^ 33, Semr-annual returns to be made. 9. dualification of Directors. 34. Delinquent sheet for discount days;, no 1.0. Cashier and Clerks to give security. Director thereon to act. 11. Scale of votes. S.'i. Disqualification of Directors. 12. Votes may be givBri by proxy. 3ff. No action on note before presetafation. 13. Shares to be held by individuals, limited. 37. Shares and profits to be personal estate. 14. Filling up of vacant Direclfirstips. 38. Shares to be liable to seizure. 15. Notice of payable inatalments. No ,dis- , 39. Capital may jje increased to £30,000. '' count till £7,500 are paid in. 40. Additional shares to be sold at auction. 16.. Payment, of capital to-be ascertained by 41. Notice of time of sale. Commissioners. 42. Advance or premium to be divided be- 17, Shares to be assignable tween the old and new stock. , IS. B usiness limited to Bills of Ex'jhange,&c. 43. New stock subject as old stock. 19. Liability of stockholders. 44. Act limited to 1st M875. ' ,■,■., Passed 20th Maorch 1854,- WHEREASit, is thought that the establishment of a Bank at Moneton, in the. , County of Westmorland, would promote the , interests of the Province, by increasing the means of circulation j — t Be it enacted, ^c. — 1. Charles F. Allison, Bliss Botsford, 17 V c 1] BANKS. 627 Christopher Boultenhouse, Malcolm Cochrane, James Dickson, William Fawcett, Thomas Gamble, Michael S. Harris, Daniel Hanington, John Humphrey, Oliver Jones, Moses Jones, John Lewis, Henry Livingston, Peter M'Sweeney, Ambrose Newman, Thomas E. Oulton, John Read, the Honorable Wil- liam H, Steves, Richard C. Scovil, Joseph Salter, David Taylor, Jacob Trites the third, Alexander Wright, and Samuel S. Wilmot, their associates, successors, or assigns, be and they are hereby declared to be a body corporate, by the name of " The President, Directors, and Company of the Westmorland Bank," and they shall be persons able and capable in law to have, get, receive, take, possess, and enjoy houses, lands, tenements, hereditaments, and rents, in fee simple or otherwise, and also goods and chattels, and all other things real, personal, or mixt, and also to give, grant, let, or assign the same, or any part thereof, and to do and execute all other things in and about the same as they shall think necessary for the benefit and advantage of the said Corporation, and also that they be persons able and in law capable to sue and be sued, plead and be impleaded, answer and be answered unto, defend and be defended in any Court or Courts of law and equity^ or any other places whatsoever, in all and all manner of actions, suits, complaints, demands, pleas, causes, and matters whatsoever, in as full and ample a manner as any other person or persons are in law capable of suing and being sued, pleading and of being impleaded, answering and of being answered unto ; and also that they shall have one common seal to serve for the ensealing all and singular their grants, deeds, conveyances, contracts, bonds, artjcles of agreement, assignments, powers and warrants of attorney, and all and singular their affairs and things toiiching and concerning the said Corporation ; and also that they, the said President, Directors, and Company, or the major part of them, shall from time to time arid at all times have full power, authority, and licence to constitute, ordain, make, and establish such laws and ordinances as may be thought necessary for the good rule and government of the said Corporation, provided that such laws and ordinances be not contradictory or repugnant to the laws or statutes of that part of the United Kingdom of Great Britain and Ireland called England, or repugnant or contrary to the laws or statutes of this Province. 628 BANKS. [17 V c I 2. The capital stock of the said Corporation shall consist of current gold and silver coins of the Province to the amount of fifteen thousand pounds; the sum of seven thousand five hun- dred pounds, one half part thereof, to be paid in current gold and silver coins of the Province within one year from the passing of this Act, and the further sum of seven thousand five hundred pounds within two years from the passing of this Act ; the whole amount of the said stock to be divided into shares of twenty five pounds each, making in the whole six hundred shares. ' 3. The said Corporation shall have full power and authority to take, receive, hold, possess, and enjoy, in fee simple, any latids, tenements, real estate, and rents, to any amount not exceeding two thousand pounds ; provided nevertheless, that nothing herein contained shall prevent or restrain the said Corporation from taking or holding real estate to any amount whatsoever by mortgage, taken as collateral security for the payment of any sum or sums of money advanced I'y, or debts due to the Corporation ; provided further, that the said Cor- poration shall on no account lend money upon mortgage, or upon lands or other fixed property, nor shall such be purchased by the said Corporation upon any pretext whatsoever, unless by way of additional security for debts contracted with the said Corporation in the course of its dealings. 4. Whenever three hundred shares of the said capital slock shall have been subscribed, a general meeting of the members and stockholders of the said Corporation, or the major part of them, shall take place, by notice in one or more of the public Newspapers published in this Province tfeifty days previous to such meeting, for the purpose of making, ordaining, and esta- blishing such bye laws, ordinances, and regulations for the good management of the affairs of the said Corporation, as the members and stockholders of the said Corporation shall deem necessary, and also for the purpose of choosing five Directors, being stockholders and members of the said Corporation, tinder and in'pursuance of the rules and regulations hereinafter made and provided; which Directors so chosen shall serve until the first annual meeting for choice of Dirfcctors, and shall have full power and authority to manage the affairs of the said Corpo- ration, and shall commence the operations of the said Bank, 17 V C 1] BANKS. 629 subject nevertheless to the rules and regulations hereinafter made and provided ; at which general meeting the members and stockholders of the said Corporation, or the major part of them, shall determine the amount of payments to be made on «ach share, also the mode of transferring and disposing of the stock and profits thereof, which being entered on the books of the said Corporation, shall be binding on the said stockholders, their successors, and assigns. 5. There shall be a general meetingof the stockholders and members of the said Corporation, to be annually holden on the first Monday in June in each and every year, at Moncton, in said County, at which annual meeting there shall be chosen by a majority of the said stockholders and members of the said Corporation, five Directors, each of whom shall be resident in the County of Westmorland or Albert, and continue in office for one year, or until others are chosen in their room ; in the ■choice of which Directors, the stockholders and members of the said Corporation shall vote accordin;^ to the rule hereinafter mentioned, and the Directors, when chosen, shall at their first meeting after their election, choose out of their number a Pre- sident. 6. The Directors for the time being shall have power to appoint such officers, clerks, and servants as they$ or the major part of them, shall think necessary for executing th^ business of the said Corporation, and shall allow them such compen- sation for their respective services as to them shall appear reasonable and proper, all which, together with the expense of buildings, house-rent, and all other contingencies^ shall be defrayed out of the funds of the Corporation ; and the said Directors shall likewise exercise such other powers and autho- rity for the well regulating the affairs of the said Corporation, as shall be prescribed by the bye laws and regulations of the same. 7i Not less than three Directors shall constitute a Board for the transaction of business, of which, the President shall always be one, except in the case of sickness or necessary absence, in which case the Directors present may choose one of their board as Chairman in his stead ; the President shall vote at the board as a Director, anireetors of the said Company for, the time being, within thirty days after any such default, forthwij^h to sell and dispose of any of the said additional sihares on which such default may be m^de, at their discretion, to4he be^st advantage, to any purchaser or purchjasers of the same ; and any instalnient or instalments jv.hicb previously to such, default may have been paid on such additional shares, shall be forfeited to and become the property of thj? said Cpmpany. 5. The, additional stock of ;the said Company shall be expended and applied, as the same is paid up, in procuring a more elBcient supply of water by the s.aid Company, and in the erection of all necessary works, Ijuildipgs,, reservoirs, and machinery therewith connected, and in laying down pipies and 12 V C 51] WATER COMPANIES. 657 conduits throughout that part of the City of Saint John on the eastern part of the Harbour of Saint John, in such manner and to such extent as will furnish the inhabitants thereof with a more efficient supply of water. 6. For the purpose of enabling the said Company to procure a more efficient supply of water, they the said Company shall be and are hereby authorized and empowered, by their agents, servants, and workmen, to enter upon private property for the purpose of procuring such supply, and there build and set up dams or embankments on any brook, stream, lake, or pond, for the purpose of creating artificial ponds or reservoirs, and by such dams or embankments may cause the flowage of such private property, and continue such flowage so long as they the said Company shall see fit ; and they the said Company shall have full power and authority to draw water from such artificial ponds or reservoirs exclusively, and to carry pipes or conductors through the private property of individuals, as may be necessary for the conveyance of the said water to the City of Saint John ; provided always, that no such dams or em- bankments be built or set up, artificial ponds or reservoirs made, flowage created, or pipes or conductors laid upon or through the private property of any person, without a reason- able and proper compensation being allowed and paid for the use and convenience of the same, and for all damage sustained by the operations or works of the said Company, to be agreed upon by the said Company and the respective owners of such private property ; and in case of disagreement between the said Company and the owners of the said private property, or any of them, then the amount of such compensation shall be settled and determined in the manner and form prescribed by an Act made and passed in the second year of the Reign of His late Majesty William the Fourth, intituled An Act to incorporate sundry persons hy the name of the Saint John Water Company, or in such manner and form and by such ways and means as may be prescribed by any Act which may be passed at the present or any Session of the General Assembly of this Province ; and for all damage the owner or owners of any mills or other manufacturing establishments may sustain, for or by reason of any of the operations of such Company, the direct and indirect damage, as well present as future, shall be 42 658 WATER eOMPANIES. [12 T c 51 fully considered, and on any investigation under this Act for ascertaining the sanne, any such owner or owners may be examined under oath touching and concerning such injury or damage. . . 7. So soon as the ifirst instalment of twelve and one half per cent, shall have been fully paid on all the additional shares iu the said Company as hereinbefore prescribed, then it shall be the duty of the Directors of the said Company, and they are hereby required, to call a general meeting of all the share- holders in the sstid Company, by giving public notice in one or more of the Newspapers published in the City of Saint John, fourteen days previous to such meeting, for the purpose of choosing five Directors from among the shareholders of the said Company, in manner prescribed by law, to manage the business and afiairs of the said Company, (which said five Directors shall remain in office until the next annual meeting of the said Company, or until others are chosen in their stead, and no more than five Directors shall after the first of such elections be chosen to manage the business of the said Com- pany. / ' 8. Inthe choice of such five Directors, the shareholders of the said Company shall vote according to the rules and regulations prescribed by the Act of Assembly hereinbefore mentioned for incorporating the said Company; and the said five Directorsj when so eliosenj shall, at their first meeting after their election, choose a President out of their number ; provided always, that three Directors shall constitute a board for the'transaction of business, of which the President shall always be one, except in cases of sickness or necessary absence, in which case the Directors present may choose one of their number Chairman in his stead, but that neither the' said President nor Chairman for the time being shall vote as a Dii-iBetor, but in case of an equal number of votes for and against any question befdresuch board, the President or Chairman for the time being shall have a casting vote. 9. Tlie Presidenti Directors, and offibers oi the said Com- pany, shall bontiftue in office until the first election of five Directors in the manner and at ihe time hereinbefore prescribed, and no longer ; and in case the said additional shares in the said 'Conapany shall not be' taken up- and the first instalmeat 12 V C 51] WATER COMPANIES. 659 thereon be duly paid as herein provided, then the present Directors of the said Company shall continue in ofBce until the next annual meeting of the Company after such default, or until others shall be chosen in their stead. 10. And whereas divers persons, on behalf of the said Saint John Water Company, are now held and firmly bound unto our Lady the Queen, by their certain bonds or obligations, for divers sums of money amounting in the whole to the sum of five thousand poundsj which said sum of five thousand pounds was lent to the said Saint John Water Company by the Province of New Brunswick, and has been ejtpended by the said Com- pany in procuring and furnishing a partial supply of water to the City of Saint John, which has been highly beneficial on many occasions in extinguishing and checking many extensive conflagrations in the said City ; and whereas heavy losses have been prevented by such supply of water, and it is highly desirable that the said Company should be aided and encou- raged in their endeavour to procure a more extensive supply of water for the said City, as well for the preservation of the public health and the prevention of fires as for the cleanliness and comfort which will thereby be promoted ; — If the said additional stock in the said Saint John Water Company, hereby authorized and created, shall be actually paid to the Treasurer of the said Company within five years from the passing of this Act, and shall be wholly, or for the major part, appropriated in carrying out the purposes of this Act, and proof of payment of the same and the appropriation of the whole, or the major part thereof, for the purposes aforesaid, shall be made to the satisfaction of His Excellency the Lieu- tenant Governor or Oflicer administering the Government of the Province for the time being, and Her Majesty's Executive Council, then it shall and may be lawful for the said Lieutenant Governor or Officer administering the Government, to cancel the said bonds or obligations hereinbefore mentioned, and deliver up the same so cancelled to the obligors therein mentioned, and to cancel and release all claims thereon, either for principal and interest, to such' obligors, so that no claim shall thereafter be had either against the said Company or the said obligors for the said sum of five thousand pounds, or any part thereof, or for all or any interest on the same, but the 660 WATER COMPANIES. [12 V C 51 same shall be wholly satisfied, cancelled, and discharged for- ever thereafter. 11. For the purpose of furnishing to the poor of the City the Parish of ,Saint Stephen. Section — 1. CarporatipfiJip^iGpne^ituted, and* powers. 664 WATEE COMPANIES. ' [l7 V C 58 . Passed \st May 1854. Be it enacted, ifc. — 1. The proprietors of shares in the Aqueduct now constructed in Milltown, in the Parish of Saint Stephen, leading from a fountain near to and southerly of the res-id:ence of Joel Hill, into the village of Milltown, for the purpose of supplying certain dwelling houses, stables, &c., therein with water, be incorporated, and John M'Adam, George A. ISoardman, Samuel Darling, Junior, Stephen H. Hitchings, Joseph £. Eaton, Edmund Smith, George B. . Alward, Jesse Christie, Nathaniel Swell, Oliver R. Frost, Arthur Albee, James Bowes, George Hilts, Jesse Towers, Samuel Butler, and such other person or persons as now are or may hereafter become owner or owners of a share or shares in the said Aqueduct, shall be and they are hereby constituted a body corporate for the purpose aforesaid, by the name of " The Milltown Aqueduct Company," with all the general powers and privileges made incident to Corporations by Act of Assembly in this Province ; provided always, that the real estate which said Corporation may at any time hold shall not exceed five hundred pounds. 17th Victoria — Chapter 58. An Act to incorporate sundry persons by the name of The Petitcodiac Water Company. Section. Section. I. Goipmt&(mi how constituted. 13. Shsres, liow and wheA aasignaU'ef. S. Capital stocli. 14. pividends, when and by whom made. 3. Firsi general meeting. 15.' Powers' of Corporation as to water, and 4. Annual meeting. J dapageis how aiaeised^ 5. Officers, by whom appointed. 16. Pipes, where to be laid. 6. Board, how canstitnted. 17. FraeesdingB against Company for not 7. Directors not entitled to salary ; remu- repairing roads. • i^era^gn to President. ' 1S> Duty 7. No Director shall be entitled to any salary or emolument for his services, but the stockholders and members of the said Corporation may make such compensation to the President as to them shall appear reasonable and proper. 8. No person shall be eligible as a Director unless such person is a stockholder, and holding not less than six, shares of the capital stock of the said Corporation. 9. The number of votes which each stockholder shall be entitled to give on every occasrion when in conformity to the provisions of this Act the votes of the stockholders are to be given, shall be given in the following proportion^ that is to say:— 17 V C 58] WATER COMPANIES. 667 For one share and not more than four shares, one vote ; for every four shares above four and not exceeding twenty shares, one vote, making five votes for twenty shares ; for every eight shares above twenty and not exceeding sixty, one vote, making ten votes for sixty shares; which said number of ten votes shall be the greatest that any stockholder shall be entitled to have. 10. All stockholders may vote by proxy, provided such proxy be a stockholder, and do produce sufficient authority from his constituent or constituents so to act. 11. No member of the said Corporation during the first three months after the passing of this Act, shall be entitled to hold or subscribe for more than twenty shares of the said capital stock ; and if the whole of the said capital stock shall not have been subscribed within the said three months so to be accounted as aforesaid, then and in such case it shall be lawful for any stockholder to increase his,, her, or their subscriptions to fifty shares ; provided always, that no stockholder shall be permitted to hold more thart eighty shares in the whole, unless the same be acquired by purchase after the said Corporation shall have commenced its operation ; and provided also, that no stockholder shall at any one time hold more than twenty per cent, of the capital stock. 12. The Directors shall be and they are hereby authorized to fill up any vacancy that shall be occasioned in the board by the death, resignation, or absence from the Province for three months, of one of its members, but in the case of the removal of a Director by the stockholders for misconduct, or mal- administration, his place shall be filled up by the said stock- holders, and the person so chosen by the Directors or stock holders shall serve until the next succeeding annual meeting of the stockholders. 13. The shares of the capital or stock shall be assignable and tranisferable according to the rules and regulations that maybe established in that behalfj but no assignment or transfer shall be valid or effectual, unless such assignments or transfer shall be entered and registered in a book kept by the Directors for that purpose, nor until such person or persons so making the same shall previously discharge all debts actually due and payable to the said Corporation, but in no case shall any 668 WATER COMPANIES. [17 V C SS fractional part of a share be assignable or transferable ; and whenever any stockholder shall transfer, in manner aforesaid, all his stock or shares in the said Compariy to any other per- son or persons whatsoever, such stockholder shall cease to be a member of the said Corporation. 14. The Directors shall make half-yearly or yearly divi- dends, as may to them appear most proper, of all the profits, rents, premiums, and interest of the said Corporation, payable at such time and place as the Directors shall appoint, of which they shall give thirty days previous notice in one or more Newspapers published in the Province, 15. The said Corporation shall have full power and autho- rity to draw water from, erect reservoirs on, and to carry pipes or conductors through (when such shall be deemed absolutely necessary for the conveyance of water by the said Corporation) the private property of individuals whose lands may be at the source, or in the line the said Corporation shall think expedient, to convey the water from, or through which it may be necessary to carry such pipes or conductors, or erect such reservoirs ; provided always, that no such water be drawn, reservoirs erected, or pipes or conductors placed from, upon, or through the private property of any person, without a reasonable and proper compensation being allowed and paid for the use and convenience of the same, and for any damage sustained by the operation of the said Corporation, to be agreed upon by the said Corporation and the respective owners of such private property ; and in case of disagreement between the said Cor- poration and the said owners, or any of them, such compen- sation shall be determined by three arbitrators, one to be chosen by the said Corporation, and one by the owner or owners of the private property in question, which two arbi- trators so chosen, shall choose the third arbitrator ; and in case of their not agreeing in such choice within ten days after their appointment, then it shall and may be lawful for the Lieutenant Governor for the time being to appoint the third arbitrator, and the award of the said arbitrators, or any two of them, shall be final and conclusive in the matters referred to them ; and in case any of the said owners of such private property shall decline making any such agreement, or appointing such arbitrator, then and in every such case the said Corporation 17 V C 58] WATER COMPANIES. may make application to the Supreme Court, (stating the grounds of such application) and the said Court is hereby empowered and required from time to time upon such appli- cation, to issue a Writ directed to the Sheriff of the said County, commanding him to summon and empanel a jury of twelve, freeholders within the said County, who shall upon their oaths, (which oaths, as well as the witnesses' oaths to be taken on such occasion, shall be administered by the said Sheriff,) enquire of and assess the damages or annual rent to be paid for the use and convenience of such private property,; and the inquisition or verdict of such jury shall be returned and filed in the office of the Clerk of the Pleas in the Supreme Court, and shall be final and conclusive between the parties, and the costs of such proceedings, to be taxed and allowed by the said Court, shall be paid by the said Corporation. 16. It shall and may be lawful for the said Corporation, at a proper and convenient depth under the surface of each and every of the roads and streets through which it may be neces- sary, to lay down, set, and place such and so many pipes, leaders, and conduits for the said water, as they shall find to be necessary for carrying it to any or every dwelling house in the said village, called the Bend of Petitcodiac, or its vicinity, and from time to time, as often as the said Company shall think proper, to lay down snob pipes, leaders, and conduits, or shall have occasion to alter, amend, or repair the same ; it shall also be lawful for the said Company to break up and open any part whatsoever of the said roads and streets, or side walks thereof, and the same to keep open and uncovered during the time necessary for the said purposes ; provided always, that the said Company shall and do at their own costs and charges, and to the satisfaction of the Commissioners of the said roads or streets, and without unnecessary delay, repair and amend the said roads and streets in every part where they shall be so broken up and opened as aforesaid, to the condition in which they were before breaking up or opening the same. 17. If the said Company shall not repair the said roads or streets, or any of them so broken up, to the satisfaction of the Commissioners as aforesaid, it shall be lawful for the said Commissioners to cause the same to be repaired, and to sue for and recover the expense incurred therein from the said 670 WATER COMPANIES. [17 V C 5§^ Company in any Court of Record in this Province, or in case the sum demanded shall not exceed ten pounds, then before any Justice of the Peace for the said County, such Justice to proceed in the manner directed in the Act for the more easy and speedy recovery of small debts. 18.' The said Company shall in every street or road through which the said pipes shall be laid, make and provide proper vents and openings for supplying water whenever fires shall happen in the village known as the Bend of Petitcodiac, or in the vicinity thereof, and shall make such vents and openings in such places and at such distances from each other as the Firewards, or the majority of them, shall from time to time direct and appoint ; provided always, that the said Firewards shall pay, as hereinafter provided, any additional expense that may be incurred by making and maintaining such vents and openings for supplying water in cases of fire. 19. It shall and may be lawful for the Justices of the Peace in and for the County of Westmorland, at any General Sessions of the Peace holden for the said County, in each and every year during the continuance of this Act, upon application of the Firewards, or a majority of them, to order an assessment to be made upon all stores, houses, out-houses, and buildings of every nature, kind, and description, fronting upon all streets, highways, roads, >lanes, alleys, and wharves, wherein the said Company shall establish such vents and openings for supplying water for fires, at the discretion of the said Firewards, in proportion to the value thereof, for such sum or sums of money as may be agreed upon from time to time between the said Firewards and the said Company ; which assessment, when so made, shall be paid by the owner or owners of the said build- ings or wharves to the collector of rates for' the said Parish, within ten days after notice thereof. 20'. The said collector, upon receipt of the assessment list from the said assessors of rates, shall proceed forthwith to collect the said assessment from the persons therein rated, and shall within thirty days after receipt of said assessment pay over to the Secretary'of the 'said Company all moneys collected on account thereof, with a true list of all delinquents ; and in case of the neglect or refusal of the said collector to collect the said assessment, or make return thereof as herein 17 V C 58J WATER COMPANIES. 671 required, the said Company are hereby authorized and em- powered to sue for and recover the amount of the said assess- ment in an action of debt against the said collector, before any Justice of the Peace for the said County. 21. In case of neglect or refusal of the owner or owners of the stores, houses, out-hoiises, buildings, and wharves, assessed under and by virtue of this Act, to pay the amount of such assessment within ten days after demand thereof by the said collector, the said Con»pany are hereby authorized and em- powered, upon return being made by the collector as required in the twentieth section of this Act, to sue for and recover in an action of debt against each of the said delinquents, before any Justice of the Peace of the said County, the amount foi' which he, she, or they were assessed. 22. If any action or suit shall be commenced against any person or persons for anything that shall be done in pursuance of or by authority of this Act, in any such case the action or suit shall be commenced within three calendar months next after the fact committed, and not afterwards, and shall be laid and brought in the County of Westmorland, and the defendant or defendants in such suit, shall and may plead the general issue, and give thrs Act and the special matters in evidence at any trial to be had, and that the same was done in pursuance and by the authority of this Act ; and if it shall appear so to be done, or that such action or actions have been brought after the time limited for bringing the same as aforesaid, or shall be brought in any other County or place, then the Judge before whom any such action or suit may be tried, shall direct a non- suit to be entered against the said plaintiff or plaintiffs iu any such action or suit as aforesaid. 23. That unless fifteen percent, of the sard capital stock shall be paid in for the purpose of this Corporation, and a certifi,cate of such^ payment, signed and verified on oath by the Directors, or a majority of them, before any Justice of the Peace, shall be filed in the Office of the Secretary of the Province before the expiration of three years next after the passing of this Act, the operation of this Act shall cease, and the existence of this Corporation be terminated at the end of the said three years. 672 INSURANCE COMPANIES. [6 W 4 c 55 iiasiTRAnrcB coukpaiviks. FIRE. 6th William 4th — Chapter 55. An Act to incorporate the Central Fire Insurance Com- pany of New Brunswick, Section. Section. 1. Incorporation of Company. ^ 16. Bividends. 2. Capital. 17. What real estate may poBsess. 3. Deposit, when made. 18. Investment of capital. 4. Payment of stock, and commencement of 19. Half-yearly dividends. operations. 20. Investment of other money. 5. General meeting, when called to choose 21. Not to engage in banking. Directors, fee. SS. Shares assignable. 6. Annual general meeting to choose Direc- 23. President, tc, for what liable. tors, &c. 24. What responsible for debts, &c. 7. Powers of Directors. 25. Bapealed. 8. Board of. 26. Inspection of books. 9. birector not to have salary ; exception. 27. Statement of affairs, before whom laid. 10. Q,ualitication of. 28. Access to books, &c., by whom, 11. 'Stockholders' votes. 29. General meetings, who may call. 12. Directors, choice of, at other times. 30. When for dissolving. 13. When business to commence. 31. Repealed. 14. On what may insure, ; and. losses, how 32. Extent of insurances allowable. settled. 33. Limitation. 15. Policies by Agents. I'ttssed \6th March 1836. Whereas the great increase of wealth and combustible property in the Province for several years past renders an increase in the facilities for protecting the same expedient and necessary; — Be it therefore enacted, &fc, — 1. Amasa Coy, John M. Wilmot, JdsephGay nor, Nehemiah Meritt, Jeremiah M. Connell, Thomas C. Everitt, Thomas T. Smith, Henry George Clopper, Charles D. Everitt, John Simpson, Francis E. Beckvrith, Asa Coy, Justin Spahnn, H. Fisher, Junior, Henry Blakslee, George Sears, John T. Smith, Charles Connell, Junior, Charles Perley, Robert Chestnut, William D. Hartt, Thomas Leavitt, Lemuel A. Wilmot, and Charles Fisher, their associates, successors, or assigns, be and they are hereby declared to be a body politic and corporate, by the name of " The Central Fire Insurance Company of New Brunswick," and they shall be persons able and capable in law to have, get, receive, take, possess, and enjoy houses, lands, tenements, hereditaments, rents, in fee simple or otherwise, and also goods and chattels, and all other things real, personal, or mixed, and also to give, grant, convey, let, or assign the same, or any part thereof, in any legal method 6 W 4 C 55] INSURANCE COMPANIES. 673 or manner, and to do and execute all other things in and about the same as they shall think advisable and necessary for the benefit and advantage of the said Corporation ; and also that they be persons able and in law capable to sue and be sued, plead and be impleaded, answer and be answered unto, defend and be defended in any Court or Courts of law or equity, or in any other place or places whatsoever, in all and all manner of actions, suits, complaints, demands, pleas, causes, and matters whatsoever, in as full and ample a manner to all intents and purposes as any other person or persons are in law capable of suing and being sued, pleading and being impleaded, answering and being answered unto ; and also that they have one common seal to serve for the ensealing of all and singular their grants, deeds, conveyances, contracts, bonds, articles of agreement, assignments, powers, warrants of attorney, and all and singular their affairs and things touching and concerning the said Corporation. 2. The capital or joint stock of the said Corporation shall consist of the sum of fifty thousand pounds current money of the Province, to be paid according to the legal value thereof, at the several times of the payment of the same ; ten thousand pounds, being the one fifth part thereof, to be paid within six months after the passing of this Act, and the remaining four fifths, or forty thousand pounds, to be paid at such time or times and in such parts or portions as the Directors for the time being, or a majority of them, shall from time to time think necessary ; the whole amount of such capital or stock to be divided into shares of ten pounds each, making' in the whole five thousand shares. 3. All the subscribers for stock or shares in the said Cor- poration sliall, previous to the day of the election of Directors, pay into the hands of such person or persons as the persons incorporated by the first Section of this Act, or the major part of them. Or in case of the death of any of them, or the major part of the survivors may direct, a deposit of not less than two per cent, not exceeding five per cent, upon the amount of capital or stock of the said Corporation for which they have subscribed, due notice being given at the time of the notice calling the first meeting of the members and stockholders of the Corporation, of the time or several periods of time when, 43 674 INSURANCE COMPANIES. f 6 W 4 c 55 of the place and places where, and person or persons to whom the s^jd deposit shall be paid ; and the said deposit shall be t^ken and allowed to every subscriber who shall pay it, as part and out of the fir^t twenty per cent, of the capital stock required to be paid in, under and by virtue of this Act ; and every sub- scriber who shall neglect, or refuse to pay in the said deposit, shall for every share he shall neglect or refuse to pay in, be deemed a defaulter, and the said share or shares shall be for- feited to the Corporation ; and no subscriber shall, upon any pretence whatever, vote at the first meeting for the choice of I)|Li;ec;tprs upon any share or shares he, has notpaidthe said deposit. 4. Every stockholder or subscriber shall pay into the hands of the Directors for the time being, or into the hands of such person or persons, or into the Cashier or Cashiers, Treasurer or Treasurers of such body corporate or bodies corporate, as the Directors or a majority of them shall appoint, within the aforesaid six months, one fifth part or twenty per centum on the whole amount of his or her share or shares, inclutling the deposit mentioned in the third Section of this Act, and shall givfe to, the President and Directors ber^injaf^er mentioned, good and suflScient security or securities, either, by bond and mortgage on real estate, or by bond \?'ith two or more goo,d and sufficient sureties, [the wo,rds here omitted are repealed by 4 V. c. 41, s. 1,] to the satisfaqtion of the said Prpsjdent and Directors fqr the time being, which securities shall be Qiadeij and taken^ and kept and continued frqm tinje to time, to the satisfaction of such persons as the Lieutenant Governor or Commander in Chief for the time being, by and with the advice of the Ejsiecutiye Council, shall appoint to examine and report upon the funds and securities of ^he said Company, that the residue of the whole amount of his or her sharfsor shares shjall be paid from time to time, and in such parts or portions as to them the said President and Directors shall seem advi- sable ; provided that the amount so to be called in sh^U not at any-one time exceed twenty per centum onthq whqle amount of capital or ^tpck belonging to any individuiail, apdnot less than fifty days notice pf.sijch, payment being required ^^U be given in one or more of the Newspaper? published in this Province; prqvided always, thajt the said Corporation shall 6 W 4 C 55] INSURANCE COMPANIES. 675 not go into operation until the said surn of ten thousand pounds shall have been paid, and shall then be in the vault or ofSce of the said Corporation or Company, and as soon as the said sum shall have been so paid, the President shall give notice thereof to the Secretary of the Province, for the infor- mation of His Excellency the Lieutenant Governor or Com- mander in Chief for the time being, who is hereby authorized, by and with the advice of His Majesty's Executive Council, to appoint three Commissioners, not being stockholders, whose duty it shall be to examine and count the money actually in the vault or office, and to ascertain by the oaths of a majority of the Directors (which oaths any one of His Majesty's Justices of the Peace for the County of York is hereby authorized to administer) that one fifth part of the amount of the capital of the said Company hath been paid in by the stockholders towards the payment of their respective shares and not for any other purpose. 5. A general meeting of the members and stockholders of the said Corporation, or the major part of them, shall take place in Fredericton, by notice in the Royal Gazette, and in one of the papers published in the City of Saint John, fourteen days previous to such meeting, which notice Charles Fisher, Esquire, Barrister at Law, or in case of his death, neglect, or refusal, any other of the persons incorporated in and by the first Section of this Act, is hereby authorized and empowered to give, for the purpose of making, ordaining, and establishing such bye laws, ordinances, and regulations for the good order and management of the affairs of the said Corporation as they shall deem necessary, and also for the purpose of choosing nine Directors, being members and stockholders of the said Corporation, under and in pursuance of the rules and regu- lations hereinafter made and provided ; which Directors shall as soon thereafter as may be convenient, meet together and choose out of their number a President, and shall also appoint at the same time, or at any future meeting, a Secretary and so many and such other officers, clerks, servants, and agents for carrying on the said business as they shall deem requisite and necessary, and shall at the same time, or at any future meeting, accept and receive what remains due of the first instalment of the twenty per centum on each subscriber or stockholder's 676 INSURANCE COMPANIES. [6 W 4 C 55 share or subscription, and shall take from such subscriber such securities for the remainder of their subscriptions as is hereinbefore pointed out, and shall commence the operations of the said Insurance Company, subject to the rules and regu- lations as hereinafter provided, and shall continue and serve to be Directors aforesaid until the first annual meeting for the choice of Directors as is hereafter made and provided, or until others are chosen in their room ; provided that the laws and ordinances at any time made, shall be in nowise contrary or repugnant to the laws and statutes of this Province. 6. There shall be a general meeting of the stockholders and members of the said Corporation held annually on the first Tuesday in March in each and every year, at Fredericton, at which annual meeting there shall be chosen by a majority of the said stockholders and members of the said Corporation then met, out of the said stockholders and members, nine Directors, who shall continue in office for one year, or until others are chosen in their room, in the choice of which Direc- tors the stockholders and members of the said Corporation shall vote according to the rule hereinafter mentioned ; and the Directors when chosen, or the major part of them shall, at the first meeting after their election, choose out of their num- ber a President, who is to be chosen by a majority of votes, each Director having one vote ; provided always, that five of the Directors in office shall be re-elected at such annual meeting for the next succeeding year, of which the President shall always be one. 7. The Directors for the time being shall have power to do and execute all the matters and things contained in the pre- ceding Sections of this Act, as far as the same may be left unexecuted by the Directors therein mentioned, and they shall manage the whole concerns of the said Corporation agreeably td this Act of Inborporatioh, and such bye laws, rules, and regulations as the stockholders and members thereof may from time to time establish, and also do and execute all other matters and things that may be necessary and requisite for the benefit of the Corporation, and also shall have power to appoint such officers, clerks, and agentSj arid establish such agencies as they or the major part of them shall think necessary fbr executing the business of the said Corporation, and Shall 6 W 4 C 55] INSURANCE COMPANIES. 677 allow the said officers, clerks, agents, and servants such com- pensation for their respective services as to them the said Directors shall appear reasonable and proper ; all which, together with the expenses of buildings, house rent, and all other contingencies, shall be defrayed out of the funds of the said Corporation. 8. Not less than three Directors shall constitute a board for the transaction of business, of which the President shall always be one, except in case of sickness or necessary absence, in which case the Directors present may choose one of their board as Chairman for the time being ; the President shall vote at the board as a Director, and in case there be an equal number of votes for and against any question before them, the President shall have a casting vote. 9. No Director shall be .entitled to any salary or emolument for his services, but the members and stockholders of said Corporation for the time being may make such compensation to the President as to them shall appear reasonable and proper. 10. No person shall be eligible as a Director unless such person is a stockholder, and holds not less than twenty shares of the capital stock of the said Corporation. 11. The number of votes to which each stockholder shall be entitled on every occasion when in conformity to the provisions of this Act the votes of the stockholders are to be given, shall be in the following proportion : — For one share and not more than two. One vote ; for every two shares above two and not exceeding ten, one vote, making five votes for ten shares ; for every four shares above ten and not exceeding thirty, one vote, making ten votes for thirty shares ; for every six shares above thirty and not exceeding sixty, one vote, making fifteen votes for sixty shares ; and for every eight shares above sixty and not exceeding one hundred, one vote, making twenty votes for one hundred shares ; which said number of twenty votes shall be the greatest any stockholder shall be entitled to have ; and every person may vote by proxy, provided such proxy be a stockholder and previous to voting produce a sufficient authority from his constituent or constituents so to act ; and provided further, that no stockholder shall hold more than five proxies. 12. If it should so happen that the Directors should not be chosen on the first Tuesday in March in any years aforesaid, 678 INSURANCE COMPANIES. [6 W 4 C 55 it shall and may be lawful to choose them on any other day between the hours of twelve at noon and three in the afternoon of said day, upon giving fourteen days notice of the tim'e and place of meeting, which shall take place in Fredericton ; and in case any Director should disqualify himself by the sale, dis- posal, or transfer of his shares, orof any of them, so as to reduce his interest in said stock to less than twenty shares required for the qualification of a Director, or in case of the removal of a Director by the stockholders for misconduct or mal- administration, his place shall be filled up by the said stock- holders, fourteen days notice of the time and place of meeting being first given, and in case of any vacancy among the said Directors by death, resignation, or absence from the Province for three months, the said Directors shall or may fill up the same by choosing one of lihe stockholders, and the person so chosen by the said stockholders or Directors shall serve until another be chosen in his room. 13. As soon as the said first instalment of ten thousand pounds shall have been actually paid in manner and form as is hereinbefore provided, on account of the subscriptions to the said stock, notice thereof shall be given in one or more of the Newspapers published in this Province, and the Directors shall commence with the business and operations of the said Corpo- ration ; provided always, that no insurance shall be effected^ nor shall any policy be signed in manner as is hereinafter pro- vided, until the sum of ten thousand pounds shall be actually paid and received on account of the subscriptions to the capital or stock of the said Corporation. 14. The said Corporation shall have power and authority to make insurance on houses, mills, manufactories, buildings^ ships, or other vessels on the stocks, or in the livers or in port, merchandize, moneys, goods, wares, and efiTects, against loss or damage by fire, and to fix the premium and terms of payment; and all policies of insurance by them made shall be subscribed by the President, or in case of his death, absence, sickness,^ or inability, by any two of the Directors, and countersigned by the Secretary of the said Corporation, or in case of the sickness, absence, or inability of the Secretary, by such person or persons as the Directors, or a majority of them, may appoint to act in his stead, and shall be binding and obligatory upon the said 6 W 4 C 55] INSURANCE COMPANIES. 67D Corporation and Company ; and all losses duly arising under any policy so subscribed and countersigned, shall and may be adjusted and settled by the Board of Directors, and the same shall be binding on the said Corporation, and shall be paid to the assured within ninety days from such adjustment; provided always, that the said Directors shall not in any case make insurance on any single building or goods contained therein to an amount exceeding three thousand pounds. 15. All policies entered into in behalf of the said Company and Corporation by any agent or agents duly appointed by the Directors or a majority thereof, shall, in addition to the signing and countersigning required by the thirteenth Section of this Act, be also countersigned by the said agent or agents, and especially mention in the said policy the invalidity of such policy without such additional countersigning, and no policy entered into by any agent or agents of the said Company or Corpora- tion shall be obligatory upon the said Company or Corporation without these requisites are complied with. 16. It shall be the duty of the Directors of the said Corpo- ration or a quorum thereof to make half-yearly dividends of all the profits, rents, premiums, and interest of the said Corpora- tion, payable at such time and place as the Directors or a quorum thereof shall appoint, of which they shall give thirty days pifeviousnotice in one or more of the Newspapers published in this Province ; provided always, that the moneys received for premium of risks which shall be undetermined and outstand- ing at the time of the making of such dividends shall not be considered as part of the said profits of the said Company ; and provided further, that if the amount of capital or stock paid as by this Act is required shall be by any means reduced to a sum less than ten thousand pounds, then in such case no dividend or dividends whatsoever shall be declared or made until a sum equal to the said sum often thousand pounds shall be vested for the use of the said Company. 17. The said Corporation shall have full power and authority to take, receive, hold, possess, and enjoy in fee simple, any lands, tenements, and real estate, and rents, to any amount not exceeding five thousand pounds ; provided nevertheless, that nothing herein contained shall prevent or restrain the said Corporation from taking or holding real estate or chattels to 680 INSURANCE COMPANIES. [6 W 4 c 55 any amount whatsoever by mortgage, taken as a collateral security for the payment of any sum or sums of money advanced by or debts due to the said Corporation, or for the security of the payment of the amount of such part of the capital or stock of the said Corporation that shall at any time or times remain unpaid. 18. The capital or stock of the Company collected at each instalment, and at the times and manner hereinbefore pro- vided, shall be by the said Directors invested and disposed of in such public funds, or to such public or corporate bodies, or associations or joint companies, as may be deemed advisable, and in the event of there being no public funds or public or corporate bodies, or associations or joint companies in which the same can be safely vested, or to whom the same can be advantageously and safely lent and disposed of, then it shall and may be lawful for the said Directors, or a majority of them, to apply and dispose thereof by letting the samo out at interest, either upon the security of lands or other property, or otherwise, as they may think fit ; provided always, that no moneys of the said Corporation shall be put out at interest nor any security taken for the same, either by bond or mortgage, or bill, or note, or otherwise, for a shorter period than one year ; and further provided, that as long as the amount of the said first instalment of ten thousa absence, or inability to attend, by such person or persons' as the Directors or any quorum thereof may appoint to act in his stead, and shall be transmitted to the Secretary of the Province for the information of His Excellency the Lieutenant Governor or Commander in Chief for the time being, and the Legislature ; provided always, that the rendering of such statement shall not extend to give any right to the stockholders, not being Directors, to inspect the accounts of any individual or indivi- duals with the said Corporation. 28. Any joint Committee hereafter to be appointed by the Honorable the Legislative Council and the House of Assembly, for the purpose of examining into the proceedings of the said Corporation, shall either during the Session or prorogation of the General Assembly, have free access to all the books and accounts of the same. 29. Any number of stockholders not less than twenty, who together shall be proprietors of one thousand shares, shall have power at any time, by themselves or their proxies, to call a general meeting of the stockholders for any purpose relating to the business of the said Corporation, other than a dissolution thereof, giving at least thirty days notice in two of the News- papers published in this Province, and specifying in such notice the time and place of such meeting with the objects thereof, and the Directors, or any five of them, shall have the like power at any time (upon observing the like formalities) to call a general meeting as aforesaid. 30. Any number of stockholders not less than thirty, who together shall be proprietors of three thousand five hundred shares, shall have the power at any time, by themselves or their proxies, to call a general meeting of the stockholders for jhe purpose of taking into consideration the propriety of dissolving the said Company, giving at least three months previous notice 684 INSURANCE COMPANIES. [4 V C 41 in one or more of the Newspapers published in this Province, and specifying in such notice the time and place of such meeting, with the objects thereof ; and should it be agreed upon at such meeting that the said Company or Corporation should be dissolved, such stockholders are hereby authorized and empowered to take all legal and necessary ways and means to dissolve the sai,d Company ; and upon such or any other disso- lution of the said Company, the Directors then in office shall take itqmediate and efFeetual measures for closing all the con- cerns of the said Corporation, and for dividing the capital and prpfits .which may remain among the stockholders in proportion to their respective Interests. 31. Repealed by 4 V. c. 41, s. 3. 32. When the said Corporation shall have provided and secured the said capital or joint stock of fifty thousand pounds as afpre^aid, it shall and may be lawful for them to cause insurances to be made on houses, buildings, stores, goods, wares, and merchandize within this Province, from loss or damage by fire to the value of two hundred thousand pounds, and no more ; and the yvhole of the said capital or joint stock shall be pledged and liable to make good all and every loss which may happen upon all or any of the said policies ; and in case the said Corporation shall at any time make any insurances beyond the said sum of two hundred thousand pounds, each of the tnembers of the said Corporation shall be liable in their own persons and estates for his share or proportion of such sums insured beyond the said sum of two hundred thousand pounds. 33. This Act shall he and continue in force until the first day pf May which will foe in the year of our Lord one thousand eight hundred and fifty seven. 4tb Victqriat-Chapter 41. An Act to amend an Act to incorporate the Central Fire .Insurance Company of New Brunswick. Section. Section. 1. Repeal of certain Sections of other Act. 4. Reference fp ^ection altfre4. 2. Bonds for re^due, how taken. '' ' 5. Limitation. 3. Repeal of another Section. Passed 26ih J^arch 18il. Be it enacted, fyc. — 1. So much of the fourth Section of an 4 V C 41] INSURANCE COMPANIES. 685 Act made and passed in the sixth year of the Reign of His late Majesty King William the Fourth, intituled An Act to incorporate the Central Fire Insurance Company of New Brunswick, as requires the bonds or other securities given for the payment of the residue of the capital stock of the said Corporation to be renewed at least as often as once in three years, and also the whole of the twenty-fifth Section of the said recited Act, be and the same is hereby repealed ; and in lieu thereof, — 2. The said bonds and other securities of what nature or kind soever, already taken or hereafter to be taken for the payment of the residue of the capital stock of the said Corpo- ration, and all and every and any of thetil, shall from time to time be renewed or changed, and such further or other security or securities for the same be given, as the Directors of the said Corporation, or a majority of them, shall from time to time require ; and in case of any refusal or delay to renew or change any such security or securities, and to give and grant other and further security or securities therefor, to the satisfaction of the said Directors, or a majority thereofj within thirty days after notice thereof given, then and in such case it shall and may be lawful to and for the said Directors, or a majority of them, to cause such proceedings both in law or equity, or either, as may be deemed requisite, to be taken for the recovery of the amount of such several and respective securities, or it shall and may be lawful to and for the said Directors, or a majority of them, if they shall think fit, to declare the shares in the capital stock of the said Corporation, for the amount of the residue of which such security or securities shall have been given, forfeited to the said Corporation, together with all deposits, instalments, interest, profit, or dividends thereto belonging or appertaining, and such stock so forfeited shall be sold by public auction, for and on account of the said Corporation, and the purchaser or purchasers thereof, shall give such security or securities for the payment of the amount due to the said Corporation, on account of such forfeited shares, at the time of such forfeiture, as is hereinbefore provided, and shall likewise be subject to all the provisions of this Act, and of the said recited Act to which this is an amendment, anything therein contained to the contrary notwithstanding. 686 INSURANCE COMPANIES. [9 V C 43 3. The thirty-first Section of the said recited Act be and the same is hereby repealed. 4. The reference mentioned in the fifteenth Section of the above recited Act to the thirteenth Section of the said recited Act, be deemed and taken to refer to the fourteenth Section of the said Act, any thing therein contained to the contrary not- withstanding. 5. This Act shall continue and be in force for and during the continuance of the said in part recited Act. 9th Victoria — Chapter 43. An Act to incorporate the Mutual Insurance Company. Section. Section. 1,, Incorporation of Company. 3. First meeting, how called. , 2'. Clualification of members. 4. Investment of funds. Passed Uth April 1846. Whereas the establishment of a Mutual Insurance Com- pany against fire would tend to the keeping within the Province large sums of money that are annually paid in other parts for Insurance against loss or damage by fire ; — Be it enacted, fyc. — I. Henry Gilbert, Thomas Harding, Henry Porter, Joseph Fairweather, David J. Marshall, James W. Lawrence, Henry Perkins, William H. Adams, William Henry Scovil, Charles Adams, Daniel J. M'Laughlin, Robert Reed, John M. Robinson, and all and every such other person and persons as shall from time to time become proprietors of shares in the Corporation hereby established, their successors and assigns, shall be and they are hereby erected into a Com- pany, and declared to be a body politic and corporate, by the name of " The Mutual Insurance Company," and by that name shall have all the general' powers and privileges made incident to a Corporation by Act of Assembly in this Province, for the purpose of insuring against loss by fire ; and the said Coria- pany, or the major part of them, shall from time to time, and at all times, have full power and authority to constitute, ordain, make, and establish such bye laws and ordinances as may be thought necessary for the good rule and gdvernhient of the said Corporation, provided such bye kws and ordinances be not contradictor^ or repugnant to the laws and statutes of the Province, and those in force within the same. 9 V C 50] INSURANCE COMPANIES. 687 2. All persons who shall insure with this Corporation, and also their executors, administrators, and assigns, shall thereby become members thereof during the period they shall remain insured, and no longer. v 3. The first meeting of the said Corporation shall be held at the City of Saint John, and shall be called by John M. Robinson, or in case of his death, refusal, or neglect, by any three of the said Company, by giving notice in one of the Newspapers printed in the said City, at least one week previou-s to such meeting ; provided such meeting shall not be held until appli- cations for insurance have been made to the amount of two thousand pounds. 4. All funds received by or remaining with the said Corpo- ration, shall be invested in stock, or personal or landed securities, provided such securities shall not be for a less period than one year. 9th Victoria — Chapter 50. An Act to amend the Act to incorporate the Central Fire Insurance Company of New Brunswick. Section. Section. 1. Directors, to what number may be re- 2. Annual general meeting, duced. 3. timit^tiooi Passed \.\th April 1846. Whereas in and by an Act made and passed in the sixth year of the Reign of William the Fpurth, intituled An, Act to incorporate the Central Fire Insurance Company of New Bj;unsimck, it is among other things provided, that a statement of the affairs qf; the said Corporation shall, at the general meeting to be holden on the first Tuesday in March in every year, be laid before the stockholders for certain purposes therein mentioned ; And whereas the time for making the annual returns of the state of the affairs and business of the said Corporation is inconvenient : And whereas it is expedient to authorize the stockholders of the said Corporatioa to reduce the number of Directors of the said Corporation ; — Be it therefore enacted, ^c. — 1. The stockholders and members of the said Corporation shall, and they are hereby authorized and empowered, at any general meetingqf the said Corporation, to reduce the number of Directprs of the said 688 INSURANCE COMPANIES. [10 V C 7? Corporation to any number not less than five, and at any future time to increase the number, if they deem it advisable, so that the number of Directors of the said Corporation shall never exceed nine nor be less than five. 2. The annual general meeting of the said Corporation shall be hereafter holden on the second Tuesday in March in each and every year, instead of the first Tuesday in March as is now required by the Act incorporating the said Compaiiy; provided that the returns to be annually made of the state of the affairs and business of the said Company shall be made up to the first Tuesday in March, as is now required by the Act incorporating the said Company. 3. This Act shall continue and be in force during the con- tinuance of the Act to which it is an amendment, and no longer. 10th Victoria — Chapter 77. An Act to incorporate the King's County Mutual In- surance Company. Section, Sectioli. 1. IncorporatiiiJii of Company. 3. First nleetin^, lid* called. 2. Claalification of members. 4. Investment of funds. Passed Uth Jpril 1847. Whereas the establishment of p, Mutual Insurance Com- pany in the rural districts of the country would tend to protect the inhabitants against loss or damage by fire y — Be it enacted, &fc. — 1. Williiam M'Leod, John C. Vailj. LeBaron Drury, Reverend W. Walker, Iteverend William Scovil, Gilford Fleweiling, James A. SeiVwright, S. Z. Earle, Justus Earle, James Fairweather, James Stark, Allan Otty, James D. Perkins, George Crawford, Oliver Hallet, Simon Baxter, and all and every such other person and persons as shall from time to time become proprietors of shares in the Corporation hereby established, their successors and assigns, shall be and they are hereby erected into a Company, and de- clared to be a body politic and corporate, by the name of " The King's County Mutual Insurance Company," and by that name shall have all the genefal powers and privileges' made incident to a Corporation by Act of Assembly in this Province, for the purpose of insuring against loss by fire ; and the said Company, or the major part of them, shall from time to time, and at all 17 V C 63] INSURANCE COMPANIES. 689 times, have full power and authority to constitute, ordain, make, and esiablish such bye laws and ordinances as may be thought necessary for the good rule and government of the said Corporation, provided such bye laws and ordinances be not contradictory or repugnant to the laws and statutes of the Pro- vince, and those in force within the same. 2. All persons who shall insure with this Corporation, and also their executors, administrators, and assigns, shall thereby become members thereof during the period they shall remain insured, and no longer. 3. The first meeting of the said Corporation shall be held at Kingston, and shall be called by William M'Leod, or in case of his death, refusal, or neglect, by any three of said Com- pany, by giving notice in writing, which writing shall be posted up in three or more of the most public places in said County, at least fifteen days previous to such meeting; provided such meeting shall not be held until applications for insurance have been made to the amount of two thousand pounds. 4. All funds received by or remaining with the said Corpo- ration, shall be invested in good and sufficient personal or landed securities, provided such securities shall not be for a less period than one year or more than two years. 17ih Victoria — Chapter 63. An Act to incorporate the Saint John Fire Insurance Company. Section. Section. 1. Corporation, how constituted. 14, Policies, by whom signed. 2. Capital stock. 15. Dividends, when and by whom declared. 3. Deposit, when to be paid. 16. Real estate. 4. Amount to be paid or secured to Direc- 17. Capital, bow disposed of. tors by stockholders, and when Policies 16. Profits, how disposed of. may be issued. 19. Shares, when assignable. 5. First general meeting, how and by whom 20. No new policy after total loss of capital. called.- 21. Joint stock liable for debts. 6. Annual general meetings. 22. Securities may be renewed, aud sale of 7. Powers of Directors. stock on forfelure. 8. Board for business. S3. Books, &c. subject to inspection. 9. President and Directors, how eompen- 24. Statement of business to be laid before sated. general meeting. 10. Clualificsltioti of Directors. 25. Who may call a special general meeting. 11. Stockholders' votes. 26. Who may call a general meeting for 18. Disqualification or vacancy of Director, dissolution. how remedied. 27. Returns of affairs by Secretary. 13. Power of Corporation to insure, what. 28. Limitation of Act. Passed \st May 1854. Whereas large sums of money are annually paid to Foreign 44 690 INSURANCE COMPANIES. [17 V C 63 Offices for premiums of insurance against Fire on property in this Province : And whereas the great increase of wealth and combustible property in the Province renders an increase on the facilities for protecting the same necessary, and it is there- fore desirable to encourage the establishment of insurance within the Province ; — Be it therefore enacted, ^c. — 1. Stephen Wiggins, Nathan S. Demill, Henry Chubb, Thomas E. Millidge, Joseph A. Crane, William Johnston Ritchie, Frederick A. Wiggins, Joel Reading, Alexander M'L. Seely, Barnabas Tilton, John Dnncan, William H. Adams, John V. Thurgar, Joseph Hamilton, Thomas Fairweather Raymond, William Davidson, William H. Scovil, Daniel M'Laughlin, George Carvill, and Charles M. Gove, their associates, successors, or assigns, be and they are hereby declared to be a body politic and corporate, by the name of " The Saint John Fire Insurance Company," and they shall have all the general powers and privileges made incident to a Corporation by Act of Assembly in this Province, for the purpose of insuring against loss or damage by fire. 2. The capital or joint stock of the said Corporation shall consist of the sum of fifty thousand pounds current money of the Province, to be paid according to the legal value thereof at the several times of the payment of the same; five thousand pounds, being the one tenth part thereof, to be paid within twelve months after the passing of this Act, and the remaining nine tenths, or forty five thousand pounds, to be paid at suc^ time or times, and in such parts or portions as the Directors for the time being, or a majority of them, shall from time to time think necessary ; the whole amount of such_ capital or stock to be divided into shares of twenty five pounds each, making in the whole two thousand shares. 3. All the subscribers for stock or shares in the said Corpo- ration shall, previous to the day of the election of Directors, pay into the hands of such person or persons as the persons incorporated by the first Section of this Act, or the major part of them, or in case of the death of any of them, of the major part of the survivors may direct, a deposit of five per cent, upon the amount of capital or stock of the said Corporation for which they have subscribed, due notice being given at the time of the notice calling the first meeting of the members and 17 V C 63] INSURANCE COMPANIES. 691 Stockholders of the Corporation, of the time or several periods of time when, of the place and places where, and person and persons to whom the said deposit shall be paid, and the said deposit shall be taken and allowed to every subscriber who shall pay it as part of the capital stock required to be paid in under and by virtue of this Act ; and any subscriber who shall neglect or refuse to pay in the said deposit, shall for every share he shall neglect or refuse to pay in, be deemed a defaulter, and the said share or shares shall be forfeited to the Corpora- tion, and no subscriber shall upon any pretence whatever vote at the first meeting for the choice of Directors, upon any share or shares upon which he has not paid the said deposit. 4. Every stockholder or subscriber shall pay into the hands of the Directors for the time being, or into the hands of such person or persons, or into the Cashier or Cashiers, Treasurer or Treasurers of such body corporate or bodies corporate as the Directors or a majority of them shall appoint, at such time or times as the Directors, or a majority of them, may appoint within the aforesaid twelve months, such amount per centum on the whole amount of his or her share or shares, including the deposit mentioned in the third Section of this Act, as will make up the sum of five thousand pounds, and shall give to the President and Directors hereinafter mentioned, good and sufficient security or securities, either by bond and mortgage on real estate, or by bond with two or more good and sufficient sureties, to the satisfaction of the said President and Directors for the time being, and renewable as often as they shall think expedient and necessary, that the residue of the whole amount of his or her share or shares shall be paid from time to time, and in such parts or portions as to them the said President and Directors, shall seem advisable ; pro- vided that the amount so to be called in shall not at any one time exceed twenty per centum on the whole amount of capital or stock belonging to any individual, and not less than twenty days notice of such payment being required, shall be given in one or more of the Newspapers published in this Province ; provided always, that the said Corporation shall not make any policy of insurance until twenty five thousand pounds of the stock of said Company shall have been subscribed, and the sum of five thousand pounds shall have been paid, and a 692 INSURANCE COMPANIES. [17 V c 63 cfertificate thereof, under the hand of the President and Secre- tary of the Said Company, duly attested, shall have been filed in the Office of the Provincial Secretary, that the amount of five thousand pounds of the capital of the said Company hath been paid in by the stockholders towards the payment of their respective shares, and not for any other purpose ; provided always, that the actual amount of capital subscribed and secured shall appear at the head of every policy issued by the said Com- pany in words to this effect : — " Amount of capital actually subscribed and securedj JG37,000," (or as the case may he.) 5. A general meeting of the members and stockholders of the said Corporation, or the major part of them, shall take place in the City of Saint John, by notice in one or more of the Newspapers published in the said City at least seven days pre- vious to such meeting, which notice William J. Ritchie, or in case of his death, neglect, or refusal, any other of the persons incorporated in and by the first Section of this Act is hereby authorized and empowered to give, for the purpose of making, ordaining, and establishing such bye laws, ordinances, and regulations for the good order and management of the aflfairs of the said Corporation as they shall deem necessary, and also for the purpose of choosing five Directors, being members and stockholders of the said Corporation, under and in pursuance 6f the rules and regulations hereinafter made and provided; which Directors shall, as soon thereafter as may be convenient, meet together and choose out of their number a President, and shall also appoint at the same time, or at any future meeting, a Secretary and so many and such other oflicers, clerks, servants, and agents, for carrying on the said business as they shall deem requisite and necessary, and shall at the same time, or at any future meeting, accept and receive what remains due on each subscriber or shareholder's share or subscription of the said sum of five thousand pounds, or give notice for the pay- ment thereof at such time or times as they may appoint, and shall take from such subscriber such securities for the remainder of their subscriptions as is hereinbefore pointed out, and shall, after the payment of the said sum of five thousand poundd, commence the insuring operations of the said Insurance Com- pany subject to the rules and regulations as hereinafter pro- vided, and shall continue and serve to be Directors aforesaid 17 V C 63] INSURANCE COMPANIES- 693 until the first annual meeting for the choice of Directors, as hereinafter made and provided, or until others are chosen in their room, provided the lavfs and ordinances at any time made shall be in no wise contrary or repugnant to the laws and statutes of this Province. 6. There shall be a general meeting of the stockholders and members of the said Corporation held annually on the first Tuesday in June in each and every year in the City of Saint John, at which annual meeting there shall be chosen by a majority of the said stockholders and members of the said Corporation then met, out of the said stockholders and mem- bers, five Directors, who shall continue in office for one year, or until others are chosen in their room, in the choice of which Directors the stockholders and members of the said Corpora- tion shall vote according to the rules hereinafter mentioned ; and the Directors, when chosen, or the major part of them, shall at the first meeting after their election choose out of their number a President, who is to be chosen by a majority of votes, each Director having one vote. 7. The Directors for the time being shall have power to do and execute all the matters and things contained in the pro- ceeding Sections of this Act, as far as the same may be lefi unexecuted by the Directors therein mentioned, and they shall manage the whole concerns of the said Corporation agreeably to this Act of Incorporation, and such bye laws, rules, and regulations as the stockholders and members may from time to time establish, and also do and execute all other matters and things that may be necessary and requisite for the benefit of the Corporation, and also shall have power to appoint such officers, clerks, and agents, and establish such agencies as they or the major part of them shall think necessary for executing the business of the said Corporation, and shall allow the said officers, clerks, agents, and servants, such compensa- tion for their respective services as to them the said Directors shall appear reasonable and proper ; all whidi,together with the €X|>eHses of buildings, house rent, and all other eonliogencies, shall be defrayed out of the funds of the said Corporation. 8. Not less than three Directors shall constitute a board for the transaction of business, of which the President shall always be one, except in case of sickness or necessary absence, in 694 INSURANCE COMPANIES. [17 V c 63 which case the Directors present may choose one of their board as Chairman for the time being; the Presideiiit shall vote at the board as a Director, and in case there be an equal number of votes for and against any question before them, the President shall have a casting vote. 9. The members and stockholders of said Corporation for the time being may make such compensation to the President and Directors as to them shall appear reasonable and proper. 10. No person shall be eligible as a Director unless such person is a stockholder, and holds not less than twenty shares of the capital stock of the said Corporation. 11. The number of votes to which each stockholder shall be entitled on every occasion when in conformity to the provi- sions of this Act the votes of the stockholders are to be given, shall be in the following proportion : — For one share and not more than two, one vote ; for every two shares above two and not exceeding ten, one vote, making five votes for ten shares ; for every four shares above ten and not exceeding thirty, one vote, making ten votes for thirty shares ; for every six shares above thirty and not exceeding sixty, one vote, making fifteen votes for sixty shares; and for every eight shares above sixty and not exceeding one hundred, one vote, making twenty votes for one hundred shares ; which said number of twenty votes shall be the greatest that any stockholder shall be entitled to have ; and every person may vote by proxy, provided such proxy be a stockholder, and previous to voting produce a suffi"- cient authority from his constituent or constituents so to act. 12. In case any Director should disqualify himself by the sale, disposal, or transfer of his shares, or of any of them, so as to reduce his interest in said stock to less than twenty shares, required, for the qualification of a Director, or in case of the removal of a Director by the stockholders for misconduct or mal-administration, his place shall be filled up by the said stockholders, fourteen days notice of the time and place of meeting being first given ; and in case of any vacancy among the said Directors by death, resignation, or absence from the Province for three months, the said Directors shall or may fill up the same by choosing one of the stockholders, and the per- son so chosen by the said stockholders or Directors shall serve until another be chosen in his room. 17 V C 63] INSURANCE COMPANIES, 695 13. The said Corporation shall have power and authority to make insurance on houses, mills, manufactories, buildings of all descriptions, public or private, ships, or other vessels on the stocks, or in the rivers, or in port, merchandise, moneys, goods, wares, chattels, and effects, against loss or damage by fire, and to fix the premium and terms ; and all policies of insurance by them made shall be subscribed by the President, or in case of his death, absence, sickness, or inability, by any two of the Directors, and countersigned by the Secretary of the said Corporation, or in case of the sickness, absence, or inability of the Secretary, by such person or persons as the Directors or a majority of them may appoint to act in his stead, and shall be binding and obligatory upon the said Corporation and Company, and all losses duly arising under any policy so subscribed and countersigned, shall and may b€ adjusted and settled by the Board of Directors, and the same shall be binding on the said Corporation, and shall be paid to the as- sured within sixty days from such adjustment; provided always, that the said Directors shall not in any case make insurance on any single building, or goods contained therein, to an amount exceeding three thousand pounds. 14. All policies entered into on behalf of the said Com- pany and Corporation by an agent or agents duly appointed by the Directors, or a majority thereof, shall in addition to the signing and countersigning required by the thirteenth Section of this Act, be also countersigned by the said agent or agents, and especially mention in the said policy the invalidity of such policy without such additional countersigning, and no policy entered into by any agent or agents of the said Company or Corporation, shall be obligatory upon the said Company or Corporation without these requisites are complied with. 15. It shall be the duty of the Directors of the said Cor- poration, or a quorum thereof, to make half yearly dividends of all the profits, rents, premiums, and interest of the said Corporation, payable at such time and place as the Directors, or a quorum thereof, shall appoint, of which they shall give ten days previous notice in one or more of the Newspapers pub- lished in the City of Saint John ; provided always, -that the moneys received for premium of risks which shall be undeter- mined and outstanding at the time of the making of such 696 INSURANCE COMPANIES. [17 V C 63 dividends, shall not be considered as part of the said profits of the said Company ; and provided further, that if the amount of capital or stock paid as by this Act is required, shall be by any means reduced to a sum less than five thousand pounds, then in such case no dividend or dividends whatsoever shall be declared or made until a sum equal to the said sum of five thousand pounds shall be vested for the use of the said Company. 16. The said Corporation shall have full power and autho- rity to take, receive, hold, possess, and enjoy in fee simple, any lands, tenements, and real estate, and rents to any amount not exceeding five thousand pounds ; provided nevertheless, that nothing herein contained shall prevent or restrain the said Corporation from investing the capital, or any reserved fund on mortgage on real estate, or from taking or holding real estate or chattels to any amount whatsoever by mortgage, taken as a collateral security for the payment of any sum or sums of money advanced by or debts due to the said Corpora- tion, or for security of the payment of the amount of such part of the capital or stock of the said Corporation that shall at any time or times remain unpaid. 17. The capital or stock of the Company collected at each instalment, and at the times and manner hereinbefore pro- vided, shall be by the said Directors invested and disposed of in such public funds, or to such public or corporate bodies or associations, or by letting the same out at interest, either upon the security of lands or real estate, or in such other manner as the said Directors may deem most for the interests of the Company. 18. It shall and may be lawful for the Directors of the said Corporation to use, apply, and dispose of the money arising in the course Qf the dealing of the said Corporation, and all the profits, rents, premiums, and interest thereof, by letting the same out at interest upon security of lands or real estate, or upon such security as the Directors thereof may think best for the interest of said Company, any thing contained in this Act tp the contrary notwithstanding. 19. Tl^e shares, capital, or stock of the said Company, shall be assignable or transferable according to such rules and regulatioris as may by the members and stockholders be established in that behalf, but no assignment or transfer shall 17 V C 63] INSURANCE COMPANIES. 697 be valid or effectual unless all claims of said Company against such stockholders shall be first fully ipaid and satisfied, and unless the said party to whom the same shall be transferred shall give the security required by this Act for the payment of the whole amount of said shares, and unless the stock certificate shall be delivered up, nor unless such assignment or transfer shall be entered and registered in a book to be kept by the Directors for that purpose, and in no case shall any fractional part of a share be assignable or transferable ; and whensoever any stockholder shall transfer in manner aforesaid, all his or her stock or shares in the said Corporation to any other person or persons whomsoever, such person shall cease to be a member of the said Corporation, and the person or persons so purchasing shall become a member of the said Corporation in his or her stead, and be entitled to all the privileges as such. 20. In case of any loss or losses taking place which shall be equal to the capital or stock of the said Company, and the President and Directors after knowing of such loss or losses taking place, shall make any further policy of insurance, they and their estates, jointly and severally, shall be accountable for the amount of any and every loss which shall take place under such policy or policies so made. 21. The joint stock or property of the said Corporation shall be responsible for the debts and engagements of the said Corporation ; and no person or persons who shall or may have dealings with the said Corporation, shall on any pretened whatsoever have recourse against the separate property of any present or future member or members of the said Corpo- ration, or against their person or persons, further than has been hereinbefore provided, and may be necessary to secure the faithful application of the funds of this Corporation. 22. The bonds and other securities of what nature and kind soever taken for the payment of the residue of the said capital or stock as is hereinbefore directed, shall from time to time be renewed or changed when and as often as the said Directors, or a majority of them, may think expedient and necessary, and other and further security or securities for the same be given as is provided in and by the fourth Section of this Act ; and in case of any refusal or delay to renew or change 698 INSURANCE COMPANIES. [17 V c 63 any such security or securities, or to give or grant other and further security or securities therefor to the satisfaction of the said Directors, or a majority thereof, within thirty days after notice thereof gir«n, then and in such case it shall and may be lawful to and for the said Directors, or a majority thereof, to cause such proceedings both in law or in equity, or either, as may be deemed requisite, to be taken for the recovery of the amount of .such several security and securities ; or it shall and may be lawful to and for the said Directors, or a majority thereof, if they shall think fit, to declare the shares in the said capital or stock, for the amount of the residue of whicli such security" or securities shall have been given, forfeited to the said Company, together with all deposits, interests, instalments, profits, or dividends thereto belonging or appertaining; and such stock so forfeited shall be sold by public auction for and on account of the said Company, and the purchaser or purchasers thereof shall give such security or securities for the payment of the amount due to the said Company on account of such forfeited shares at the time of such forfeiture, as is hereinbefore provided, and shall likewise be subject to all pro- visions of this Act, any thing herein contained to the contrary thereof in any wise notwithstanding. > 23. The books, papers, correspondence, and all other matters and things belonging to the said Corporation, shall at all times be subject to the inspection of the Directors, or any of them, but no stockholder not a Director shall inspect the account of any individual or corporate body with the said Company. 24. The Directors shall at the general meeting to be holden on the first Tuesday in June in every year, lay before the stockholders for their information, an exact and particular stateme-nt of the then state of the affairs and business of said Company, agreeably to the several regulations of this Act, and such other rules and regulations as may by the members and stockholders of the Corporation be made by virtue hereof, so as the same may contain a true account of the whole affairs of the said Corporation ; which statement shall be signed by the Directors, or a majority of them, and attested on oath by the Secretary, or in case of his sickness, absence, or inability to attend, by such person or persons as the Directors, or any quorum thereof, may appoint to act in his stead. 17 V C 63] INSURANCE COMPANIES. 699 25. Any number of stockholders not less than twenty, who together shall be proprietors of five hundred shares, shall have power at any time, by themselves or their proxies, to call a general meeting of the stockholders for any purpose relating to the business of the said Corporation other than a dissolution thereof, giving at least thirty days notice in two of the News- papers published in the City of Saint John, and specifying in such notice the time and place of such meeting, with the objects thereof; and the Directors, or any three of them, shall have the like power at any time, upon observing the like formalities, to call a general meeting as aforesaid. 26. Any number of stockholders not less than thirty, who together shall be proprietors of fifteen hundred shares, shall have the power at any time, by themselves or their proxies, to call a general meeting of the stockholders for the purpose of taking into consideration the propriety of dissolving the said Company, giving at least three months previous notice in one or more of the Newspapers published in the City of Saint John, and specifying in such notice the time and place of such meeting, with the object thereof; and should it be agreed upon at such meeting that the said Company or Corporation should be dissolved, such stockholders are hereby authorized and empowered to take all legal and necessary ways and means to dissolve the said Company ; and upon such or any other dis- solution of the said Company, the Directors then in oflSce shall take immediate and effectual measures for closing all the concerns of the said Corporation, and for dividing the capital and profits which may remain among the stockholders, in pro- portion to their respective interests. 27. The Secretary of the said Company shall on the first Thursday in January in each and every year, make a return of the state of the affairs of the said Company as they existed at three of the clock in the afternoon of that day, and shall forthwith transmit the same to the Office of the Secretary of the Province, which return shall specify the aggregate amount of the risks at that time taken by the said Company, the amount of losses incurred during the preceding year, the amount of capital actually j)aid in, and how the same has been invested and secured, also a particular statement of the manner in which the residue of the capital has been secured, 700 INSURANCE COMPANIES. [7 W 4 c 54 the amount of the dividends for the preceding year, and \fhen declared, together with the amount of surplus profits then belonging to the said Company, and how the same have been invested and secured, and the amount of real estates owned by said Company ; which return shall be signed by the Secretary of the said Company, or he shall make oath or affirmation, before some Magistrate qualified to administer oaths, to the truth of said return according to the best of his knowledge and belief; and the Secretary of the said Company shall also at the time hereinbefore mentioned, make a return under oath of the names of the stockholders and the amount of stock owned by each ; and a majority of the Directors of the said Company shall certify, and make oath or affirmation before the same Magistrate as the said Secretary, that the books of the said Corporation indicate the state of facts so returned by their Secretary, and that they have full confidence in the truth of the return so made by him ; and it shall be the duty of the Secretary of the Province annually to lay before the Legis- lature of this Province, as soon after the opening of the Session thereof as practicable, such returns as aforesaid as he may have received since the then last previous Session. 28. This Act shall continue amd be in force until the first day of May which will be in the year of our Lord one thou- sand eight hundred and eighty four. MARINE. 7th William 4th— Chapter 54. An Act to incorporate sundry persons by the name of The New Brunswick Marine Assurance Company, Section. Section. 1. Incorporation of Company. 13. Votes of BtocltholderB. ' 2. Capital. 14. Directors, when chosen at ofha; time?. 3. Number of iliares to beheld. 15. When business to commence." 4. Deposit, when opade., 16. ijl'irine insurances may be made, ?t(!. , 5. Slock, how paid, and when Company to 17. Dividends. go into operation. 18. What real estate may hold, 6. When meeting called to elect Directors, 19. Investment of capital. &c. :^ ■' ' ' '•(■ ';'! SO. Investment of other mqney, 7. Annual meeting for choosing. 21. In what not to trade, *c. 8. Directors, diiiies of." ' i 22 Shares assignable, 9. Board of. 23. Director^, for what liable. 10. Ditlectto not to have salary ; exception. 24, Debts, for what responsible. 1 1. Secretary to give security. 25. Repealed. ^ 12. tlaalification of Directors. 26. Inspection of booKa, &d, 7 W 4 1 54] INSURANCE COMPANIES. 701 Section. -, Section. 37. Statement ofaffBirSjbefore whom laid, &c, 33. Increase itock, pnrchaser of, to make S8. Access to books, &c., by whom. ' 'paiymentB. 29 tt, 30. Repealed. 34. Profits of, bow divided. 31. Stateiiient of affairs, &c. 35. Repealed. 32. Capital, increase of. 36. Other stock, to what subject. 37. Limitation. Passed \ St March 1837. Whereas the trade of this Province in shipping and navi- gation has of late greatly increased, and it is daily becoming more important, and it is expedient for the protection and encouragement thereof, to establish a Marine Assurance Company at the City of Saint John ; — Be it therefore enacted, Sfc. — 1. Stephen Wiggins, Robert W. Crookshank, Elisha De Wolfe Ratchford, Thomas Barlow, James T, Hanford, James Kirk, William Walker, John V. Thurgar, Hugh M'Kay, Noah Disbrow, John Kinnear, Ed- ward L. Jarvis, William Jarvis, Ambrose S. Perkins, David Hatfield, John Wishart, and George Wheeler, their associates, successors, or assigns, be and they are hereby declared to be a body politic and corporate, by the name of "The New Brunswick Marine Assurance Company," and they shall have all the general powers and privileges made incident to a Corporation by Act of Assembly in this Province. 2. The capital or joint stock of the said Corporation shall consist of the sum of fifty thousand pounds, to be paid in such money as shall at the time of the several payments hereinafter expressed be a legal tender in this Province; five thousand pounds, being one tenth part thereof, to be paid within ninety days after the passing of this Act ; five thousand pounds, one other tenth part of the said capital stock, within three calendar months after the expiration of the said ninety days ; and the remaining eight tenths of forty thousand pounds, to be paid at such time or times, and in such parts or portions as the Direc- tors for the time being of the said Corporation, or a majority of them, shall from time to time think necessary; the whole amount of the said capital stock to be divided into shares of twenty five pounds each, making in the whoje two thousand shares. 3. No person or persons whatsoever, during the sixty days next after the passing of this Act, shall be entitled to hold or subscribe for more than fifty shares of the said capital stock ; and if the whole of the said capital stock shall not hare been 702 INSURANCE COMPANIES. [7 W 4 C 54 subscribed for within the said sixty days, then and in such case it shall be lawful for any stockholder or stockholders to increase his, her, or their shares or subscriptions, to as many shares as he, she, or they may think proper. 4. All the subscribers for stock or shares in the said Cor- poration shall, previous to the day of the first general meeting of the members and stockholders of the said Corporation to be called as hereafter mentioned, pay into the hands of such person or persons as the persons mentioned by name in and by the first Section of this Act, or the major part of them, or in case of the death of any qf them, the major part of the sur- vivors may direct, a deposit of two and one half per centum upon the amount of capital stock of the said Corporation for which they shall have subscribed ; and the said deposit shall be taken and allowed to every subscriber who shall pay the same, as part and out of the first one tenth part of the capital stock required to be paid in under and by virtue of this Act ; and every subscriber who shall neglect or refuse to pay in the said deposit, shall for every share in respect of which he or she shall neglect or refuse to pay in, be deemed a defaulter, and the said share or shares shall be forfeited to the Corporation ; and no subscriber shall upon any pretence whatever vote at the first general meeting in res])ect of any share or shares upon which he or she shall not have paid the said deposit. 5. Every stockholder or subscriber shall within the said ninety days after the passing of this Act, pay into the hands of the Directors for the time being of the said Corporation, or into the hands of such person' or persons as they, or a majority of them shall appoint, one tenth part or ten per centum on the whole amount of his or her share or shares, deducting the deposit mentioned in the fourth Section of this Act, and shall give to the President and Directors hereinafter mentioned, good and satisfactory security or securities, either by bond and mortgage on real estate, or otherwise, at the option and to the satisfaction of the said President and Directors, or a majority of them, [the words here omitted are repealed by 2 V. c. 14, s. 1,] one other tenth part or ten per centum on the whole of his or her share or shares shall be paid to the said President and Directors for the time being of the said Cor- poration within three calendar months after the expiration of 7 W 4 C 54] INSURANCE COMPANIES. 703 the said ninety days ; and the residue of the whole amount of his or her share or shares shall be paid to the said President and Directors for the time being of the said Corporation, from time to time, and in such parts and portions, and in such manner as to them the said President and Directors, or a majority of them, shall seem advisable ; provided the amount so to be called in shall not exceed at any one time twenty per centum on the whole amount of the capital stock of the said Corporation belonging to any individual, and not less than thirty days notice of such payment being required shall be given in one or more of the Newspapers published in the said City of Saint John ; provided always, that the said Corporation shall not go into operation until the said sum of five thousand pounds shall have been paid, and shall then be in the vault or office of the said Corporation, or in one or more of the incor- porated Banks established in the City of Saint John ; and as soon as the said sum of five thousand pounds shall have been so paid, the President shall give notice thereof to the Secre- tary of the Province for the time being, for the information of' His Excellency the Lieutenant Governor or Commander in Chief for the time being, who is hereby authorized, by and with the advice of His Majesty's Executive Council, to appoint three Commissioners, not being stockholders, whose duty it shall be to examine and count the money actually in the vault or office, or in one or more of the Banks as aforesaid, and to ascertain by the oaths of a majority of the Directors, (which oaths any one of His Majesty's Justices 'of the Peace for the City and County of Saint John is hereby authorized to administer) that one tenth part of the amount of the capital stock of the said Corporation has been paid in by the stock- holders towards the payment of their respective shares, and not for any other purpose. 6. When five hundred shares of the capital stock of the said Corporation shall have been subscribed for, a general meeting of the members and stockholders of the said Corporation shall be called to take place in the City of Saint John, by notice in one or more of the public Newspapers published in the said City of Saint John fourteen days at least previous to the day of such meeting, which notice George Wheeler, Esquire, Barrister at Law, or in case of his death, neglect, or refusal, 704 INSURANCE COMPANIES. [7 W 4 c 54 any other one of the persons mentioned by name in and by the first Section of this Act, is hereby authorized and empowered to give, for the purpose of making, ordaining, and establishing such bye laws, ordinances, and regulations for the good order and management of the affairs of the said Corporation as they shall deem necessary, and also for the purpose of choosing nine Directors, being members and stockholders of the said Corpo- ration, under and in pursuance of the rules and regulations hereinafter made and provided ; which Directors shall, as soon thereafter as may be convenient, meet together and choose out of their number a President, and shall also appoint at the same time, or at any future meeting, a Secretary and so many and such other officers, clerks, servants, and agents for carrying on the said business as they shall deem requisite and necessary, and shall at the same time, or at any future meeting, accept and receive what remains due of the first instalment of the ten per centum on each subscriber or stockholder's share or sub- scription, and shall take from such subscriber such securities ■for the remainder of their subscriptions as is hereinbefore pointed out, and shall commence the operations of the said Assurance Company subject to the rules and regulations as hereinafter provided, and shall continue and serve to be Directors aforesaid until the first annual meeting for the choice of Directors as is hereinafter made and provided, or until others are chosen in their room ; provided that the laws and ordinances at any time made shall be in no wise contrary or repugnant to the laws and statutes of this Province. 7. There shall be a general annual meeting of the stock- holders and members of the said Corporation held on the second Monday [the words here omitted are repealed by 2 V. c. 14, s. 6,] in each and every year after the present year one thou- sand eight hundred and thirty seven, at the City of Saint John, at which annual meeting there shall be chosen by the majority of the stockholders and members of the said Corporation then present, or represented by proxy, out of all the stockholders and members of the said Corporation, nine Directors, who shall continue in office for one year, or until others are chosen in their room, in the choice of which Directors the stockholders and members of the said Corporation shall vote according to the rule hereinafter mentioned ; and the Directors, when chosen, 7 W 4 C 54] INSURANCE COMPANIES. 705 or the majority of them, shall at their first meeting after their election choose out of their number a President, who is to be chosen by a majority of votes, each Director having one vote ; provided always, that five of the Directors in office shall be re-elected at such annual meeting for the next succeeding year, of whom the President shall always be one. 8. The Directors for the time being of the said Corporation shall have power to do and execute all the matters and things contained in the preceding Sections of this Act, as far as the same may be left unexecuted by the Directors therein men- tioned, and they shall manage the whole concerns of the said Corporation agreeably to this Act of Incorporation, and such bye laws, rules, and regulations as the stockholders and mem- bers thereof may from time to time establish, and also do and execute all other matters and things that may be necessary and requisite for the benefit of the said Corporation, and also shall have power to appoint and to remove at pleasure, a Secre- tary and such other officers, clerksj and agents as they, or the major part of them, shall think necessary for executing the business of the said Corporation, and shall allow the said secretary, officers, clerks, agents, and servants such compen- sation for their respective services as to them the said Directors shall appear reasonable and proper ; all which, together with the expenses of buildings, house or office rent, and all other contingencies, shall be defrayed out of the funds of the said Corporation. 9. Not less than three Directors shall constitute a board for the transaction of business, of which the President shall always be one, except in case of sickness or necessary absence, in which case the Directors present may choose one of their board as Chairman for the time being; all questions relating to any business to be transacted at the board shall be decided by a majority of the votes of the Directors then present, and no Director shall have more than one vote, except the President, or Chairman so chosen as aforesaid, who shall vote at the board as a Director, and shall also have a casting vote in all questions where the votes shall happen to be equal. 10. No Director shall be entitled to any salary or emolu- ment for his services, but the members and stockholders for the time being of the said Corporation may make such com- 45 706 INSURANCE COMPANIES. [7 W 4 C 54 penaation to the President as to them shall appear reasonable and proper. 11. Every person hereafter to be appointed Secretary to the said Corporation, shall before he enters upon the duties of his office give a bond to the said Corporation, with two or more sureties to be approved of by the Directors, in a sum not less than fire thousand pounds, with a condition for his good and faithful behaviour in the said office of Secretary. 12. No person shall be eligible as a Director unless such person is a stockholder, and holds' not less than twenty shares of the capital stock of the said Corporation in his own right. 13. On every occasion when in conformity to the provisions of this Act the votes of the stockholders are to be given, every stockholder may vote by proxy, provided such proxy be a stockholder, and previous to voting produce a sufficient autho- rity in writing from his constituent or constituents so to act ; that all questions be decided by a majority of the votes of all the stockholders then present or represented by proxy ; and the number of votes which each stockholder shall be entitled to give, shall be one vote for each share he may hold in the capital stock of the said Corporation, provided that no stock- holder shall hold at any one time more than five proxies ; and provided also, that no stockholder shall be allowed to give more than one hundred votes upon any question, either in respect of his own shares or in respect of any proxy or proxies of which he may be the holder. 14. If it should so happen that the Directors should not be chosen on the second Tuesday in April in any year as afore- said, it shall and may be lawful to choose them on any other day, between the hours of eleven in the forenoon and four in the afternoon of the said day, upon giving fourteen days notice of the time and place of meeting, which shall take place in the said City of Saint John ; and in case any Director should dis- qualify himself by the sale, disposal, or transfer of bis shares, or of any of them, so as to reduce his interest in the said capital stock to less than twenty shares required for the qualification of a Director, or in case of the removal of a Director by the stockholders for misconduct or mal-administration, his place shall be filled up by the said stockholders, fourteen days notice of the time and place of meeting being first given ; and in case 7 W 4 C 54] INSURANCE COMPANIES. 707 of any vacancy among the said Directors by death, resignation, or absence from the Province for three months, the'said Direc- tors for the time being shall and may if they shall think fit, fill up the same by choosing one of the said stockholders, and the person so chosen by the said stockholders or by the said Directors, shall serve until another be chosen in his room. 15. As soon as the first instalment of five thousand pounds shall have been actually paid in manner and form as is herein- before provided on account of the subscriptions to the said capital stock, notice thereof shall be given in one or more of the Newspapers published in this Province, and the Directors shall commence with the business and operations of the said Corporation ; provided always, that no insurance shall be effected, nor shall any policy be signed in manner as herein- after provided, until the said sum of five thousand pounds shall be actually paid in and received on account of the subscriptions to the capital stock of the said Corporation. 16. The said Corporation shall have power and authority to make marine insurance on vessels, freights, moneys, goods, and efi^ects, and in case of money lent upon bottomry and respondentia, and to fix the premiums and terms of payment ; and all policies of insurance by them made shall be subscribed by the President, or in case of his death, absence, sickness, or inability, by any two of the Directors, and shall be counter- signed by the Secretary of the said Corporation, or in case of the sickness, absence, or inability of the said Secretary, then by such person or persons as the Directors, or a majority of them, may appoint to act in his stead, and shall be binding and obligatory on the said Corporation ; and all losses duly arising under any policy so subscribed and countersigned shall and may be adjusted and settled by the Board of Directors, and the same shall be binding on the said Corporation, and shall be paid to Ihe assured within sixty days after such adjust- ment ; provided always, that the said Directors shall not in case make insurance on any single risk to an amount exceed- ing five thousand pounds. 17. It shall be the duty of the Directors of the said Corpo- ration, or a quorum thereof, to make half-yearly dividends of all the profits, rents, premiums, and interest pf the said Cor- poration, or of so much thereof as they shall think fit, payable 708 INSURANCE COMPANIES. [7 W 4 c 54 at such time and place as the said Directors, or a quorum thereof, sh'all appoint, of which they shall give thirty days previous notice in one or more of the Newspapers published in this Province ; provided that the moneys received and notes taken for premiums of risks which shall be undetermined and outstanding at the timo of making any such dividend, shiill not be considered as part of the said profits of the said Corporation j and provided further, that if the amount of the capital stock paid as by this Act is required shall be by any means reduced to a sum not less than ten thousand pounds, then and in such case no dividend or dividends whatsoever shall be declared or made, until a sum equal to the said sum often thousand pounds shall be vested for the use of the said Corporation. 18. The said Corporation shall have full power and authority to take, receive, hold, possess, and enjoy any lands, tenements, and real estate, and rents, to any amount not exceeding five thousand pounds ; provided nevertheless, that nothing herein contained shall prevent or restrain the said Corporation from taking or holding real estate or chattels to any amount what- soever by mortgage, taken as collateral security for the pay- ment of any sum or sums advanced by or debts due to the said , Corporation, or for the security of the payment of the amount of such part of the capital stock of the said Corporation as shall at any time or times remain unpaid. 19. The capital stock of the said Corporation collected at each instalment, and at the times and manner hereinbefore provided, shall be by the said Directors invested and disposed of in such public funds, or to such public or corporate bodies, or associations or joint companies as may by the said Directors be deemed advisable ; and in the event of there being no public funds, or public or corporate bodies, or associations or joint companies to which the same can.be advantageously lent and disposed of, or in which the same can be safely invested, then it shall and may be lawful for the said Directors, or a majority of ihem, to apply the same and dispose thereof by letting the same out at interest upon the security of lands or upon other security as they may think fit; provided also, that no moneys of the said Corporation shall be put out at interest; nor any security taken for the same either by bond or mortgage, or bill or note, or otherwise, for a shorter period than one year ; pro- 7 W 4 C 54] INSURANCE COMPANIES. 709 vided also, that no loan of the capital stock at any time to be created under the provisions of this Act, or any part thereof, shall be made directly or indirectly to any Director of the said Company, nor shall any such Director be a party to any secu- rity for any such loan ; and no stockholder to whom any part of the said capital stock shall have been lent shall be eligible as a Director while the loan continues. 20. It shall and may be lawful to and for the Directors of the said Corporation to use, apply, and dispose of the moneys arising in the course of the dealing, of the said Corporation, and all the profits, rents, premiums, and interest thereof, by letting the same out at interest either upon the security of lands or other property, or otherwise, as the Directors thereof may think fit, any thing contained in this Act to the contrary notwithstanding ; and the restrictions as to loans to Directors, and to the eligibility as Directors of stockholders to whom money may have been loaned, which are contained in the last preced- ing Section with regard to the capital stock, shall extend and apply in all respects to any loans of money to be made by virtue of this present Section in like manner as if the same were repeated herein. 21. The said Corporation shall not directly or indirectly deal or trade in buying or selling any goods, wares, merchandise, or commodities whatsoever ; provided nevertheless, that it shall be lawful for the said Corporation to take, receive, hold, possess, and enjoy any ships, goods, merchandise, chattels, or commodities whatsoever which shall have been abandoned to the said (corporation by reason of any loss or damage having occurred to the same, and shall and may sell and dispose of the same at such time or times and in such manner as to the said Directors for the time being shall seem expedient. 22. The shares or capital stock of the said Corporation shall be assignable or transferable according to such rules and regulations as may be by the members and stockholders established in that behalf, but no assignment or transfer shall be valid or effectual unless such assignment or transfer shall be entered and registered in a book to be kept by the Directors for that purpose, and in no case shall any fractional part of a share be assignable or transferable ; and whenever any stock- holder shall transfer in manner aforesaid all his or her stock 710 INSURANCE COMPANIES. [7 W 4 C 54 or shares in the said Corporation to any other person or per- sons whomsoever, such person shall cease to be a member of the said Corporation, and the person or persons so purchasing shall become a member of the said Corporation in his or her stead, and be entitled to all the privileges and subject to all the liabilities as such. 23. In case of any loss or losses taking place which shall be equal to the capital stock of the said Coporation, and the President and Directors after knowing of such loss or losses taking place shall make any further policy of assurance, they and their estates, jointly and severally, shall be accountable for the amount of any and every loss which shall take place under such policy or policies so made. 84. The joint stock or property of the said Corporation shall be alone responsible for the debts and engagements of the said Corporation, and no person or persons who shall or may have dealings with the said Corporation shall on any pretence whatsoever have recourse against the separate pro- perty of any present or future member or members of the said Corporation, or against their person or persons further than is in this Act provided. 25. Repealed by 2 V. c. 14, s. 3. 26. The books, papers, correspondence, and all other mat- ters and things belonging to the said Corporation, shall at times be subject to the inspection of the Directors, or any of them, but no stockholder not a Director shall inspect the account of any individual or corporate body with the said Corporation. 27. The Directors shall at the general meeting to be holden on the second Monday [the words here omitted are repealed by 2 V. c. 14, s. 6,] in each and every year, lay before the stockholders for their information, an exact and particular statement in triplicate of the then state of the aiFairs and busi- ness of the said Corporation, agreeably to the several regu- lations of this Act, and such other rules and regulations as may by the members and stockholders of the said Corporation be made by virtue hereof, so as the same may contain a true account of the whole of the affairs of the said Corporation ; which statement in triplicate as aforesaid, shall be signed by the Directors, and attested on oath or affirmation by the Secre- 7 W 4 C 54] INSURANCE COMPANIES. 711 tary, or in case of his sickness, absence, or inability to attend, by such person or persons as the Directors, or any quorum thereof, may appoint to act in his stead, and shall be transmit- ted to the Secretary of the Province, for the information of His Excellency the Lieutenant Governor or Commander in Chief for the time being, and the Legislature ; provided always, that the rendering such statement shall not extend to give any right to the stockholders, not being Directors, to inspect the account of any individual or individuals with the said Corporation. 28. Any joint Committee hereafter to be appointed by the Honorable the Legislative Council and the House of Assembly, for the purpose of examining into the proceedings of the Cor- poration, shall either during the Session or prorogation of the General Assembly, have free access to all the books and ac- counts of the same. 29 & 30. Repealed by 2 V. c. 14, s. 3. 31. The Secretary of the said Corporation shall on the first Thursday in January in each and every year, make a return in triplicate of the state of the affairs of the said Corporation as they existed at three of the clock in the afternoon of that day, and shall forthwith ransmit the same to the Office of the Secretary of the Province; which return shall specify the aggregate amount of the risks at that time taken by the said Corporation, the amount of losses incurred during the pre- ceding year, the amount of capital actually paid in, and how the same has been invested and secured, also a particujar statement of the manner in which the residue of the capital has been secured, the amount of the dividends for the preceding year, and when declared, together with the amount of surplus profits, if any, then belonging to the said Corporation, and how the same have been invested and secured, the amount of real estate owned by the said Corporation, together with a particular statement of all other the affairs of the said Corpo- ration ; which return shall be signed by the Secretary of the said Corporation, who shall make oath or affirmation before some Justice of the Peace for the City and County of Saint John to the truth of the said return according to the best of his knowledge or belief; and the Secretary of the said Corpo- ration shall also at the same time make a return under oath or 712 INSURANCE COMPANIES. [7 W 4 C 54 affirmation of the names of the stockholders, and the amount of stock owned by each ; and a majority of the Directors of the said Corporation shall certify and make oath or affirmation before the same Justice of the Peace, that the books of the said Corporation indicate the state of facts so returned by their Secretary, and they Ijave full confidence in the truth of the return so made by him ; and it shall be the duty of the Secretary of the Province annually to lay before the Legis- lature of this Province, so soon after the opening of the Session as practicable, such returns as aforesaid as he may have received since the then next previous Session. 32. If at any time it shall be deemed expedient to increase the capital stock of the said Corporation, the stockhholders of the said Corporation shall and they are hereby authorized and empowered from time to time hereafter, at any general meeting to be for that purpose called and holden, to increase the capital stock of the said Corporation by such additional amounts, not less at any one time than ten thousand pounds, and not exceed- ing in all the sum of fifty thousand pounds, as they may deem expedient ; which additional stock shall be divided into shares of twenty five pounds each, and shall be sold and disposed of at public auction to the highest bidder, at such times and places as the said stockholders at such general meeting as aforesaid shall appoint, sixty days notice of such sales respec- tively being first given in two or more of the Newspapers published in the City of Saint John and in Fredericton. 33. An instalment of ten per centum on the whole amount of the additional shares which may be sold from time to time as aforesaid, shall be paid down at the time of such sales respectively, and a second instalment often per centum on the amount of the said additional shares, together with the whole amount of any advance or premium at which they may have been respectively sold, shall be paid within thirty days after the day of every such sale respectively, and the residue of the whole amount of the said additional shares shall be paid at such time or times, and in such parts or portions as the Direc- tors for the time being of the said Corporation, or a majority of them, shall from time to time think necessary; and every purchaser of the said additional shares shall at the time of such sales respectively pay down the said first instalment often per 7 W 4 C 54] INSURANCE COMPANIES. 713 centum on the whole amount of the said additional shares so purchased by him or her, and shall also at the same time give to the said Corporation good and satisfactory security, either by bond and mortgage on real estate, or otherwise, at the option and to the satisfaction of the said Directors for the time being of the said Corporation, or a majority of them, [the words here omitted are repealed by 2 V. c. 14, s 1,] that the said second instalment often per centum on the amount of the said additional shares, together with the whole amount of any advance or premium at which they may have have been respectively sold, shall be paid within thirty days next after the day of every such sale respectively, and the residue of the whole amount of the said additional shares so purchased by him or her, shall be paid from time to time, and in such parts or portions, and in such manner as to them the said Directors, or a majority of them, shall seem advisable; provided that the whole amount so to be called in shall not exceed at any one time twenty per centum on the whole amount of the said additional shares belonging to any individual, and not less than thirty days notice of such payment being required shall be given in one or more of the Newspapers published in the said City of Saint John. 34. The whole amount of the advance or premium at which the said additional shares, or any of them, shall have been sold (if any such advance or premium there be,) first deducting thereout the charges of such sale, shall be divided in equal proportions to and among all the shares in the capital stock of the said Corporation, as well the said additional shares as the original shares, and such dividend of the advance or premium shall be declared and paid by the said Directors at the time of declaring and paying the next succeeding half-yearly dividend. 35. Repealed by 2 V. c. 14, s. 3. 36. All and every the said additional shares in the capital stock of the said Corporation to be created and sold under and by virtue of the provisions of this Act, and the several and respective holders thereof, shall at all times be subject and liable to all and singular the rules, regulations, clauses, and provisions hereinbefore mentioned and contained in regard to the original shares in the capital stock of the said Corporation, save and except only as in and by this Act is otherwise provided. 714 INSURANCE COMPANIES. f2 V C 14 37. This Act shall continue and be in force until the first day of May which will be in the year of our Lord one thousand eight hundred and sixty seven. 2nd Victoria — Chapter 14. An Act to amend an Act intituled An Act to incorporate sundry persons hy the name of the New Brunswick Marine Assurance Company. Section. Section. 1. Parts of what Act repealed. 4. Who may call general meetings. 2. Bonds for residue of capital, how re- 5. For dissolving company, who may call. newed, &c. 6. Annual general meeting, when held. 3. What Sections of Act repealed. 7. Limitation. Passed 23rd March 1839. Be it enacted, &fc. — 1. So much of the fifth Section of an Act made and passed in the seventh year of the Reign of His late Majesty King William the Fourth, intituled An Act to incorporate sundry persons by the name of the New Brunstnick Marine Assurance Company," as requires the bonds or other securities given for the payment of the residue of the capital stock of the said Corporation to be renewed at least as often as once in every year, and also so much of the thirty third Section of the said recited Act as requires the bonds or other securities that may be given for the payment of the residue of any additional shares of the capital stock that may at any time hereafter be created by virtue of the provisions of the said recited Act, to be renewed in like manner, at least as often as once in every year, be and the same are hereby repealed ; and in lieu thereof, — 2. The said bonds and other securities of what nature or kind soever already taken or hereafter to be taken for the pay- ment of the residue of the said capital stock, as well as those which may hereafter be taken for the payment of the residue of the said additional shares, and all and every and any of them, shall from time to time be renewed or changed, and such further or other security or securities for the same be given as the Directors of the said Corporation, or a majority of them, shall from time to time require ; and in case of any refusal or delay to renew or change any such security or securities, and to give and grant other and further security or securities therefor to the satisfaction of the said Directors, or a majority 2 V C 14] INSURANCE COMPANIES. 715 thereof, within thirty days after notice thereof given, then and in such case it shall and may be lawful to and for the said Directors, or a majority of them, to cause such proceedings both in law and equity, or either, as may be deemed requisite to be taken for the recovery of the amount of such several and res- pective securities, or it shall and, may be lawful to and for the said Directors, or a majority of them, if they shall think fit, to declare the shares in the capital stock of the said Corporation, for the amount of the residue of which such security or secu- rities shall have been given, forfeited to the said Corporation, together with all deposits, instalments, interest, profits, or dividends thereto belonging or appertaining ; and such stock so forfeited shall be sold by public auction for and on account of the said Corporation, and the purchaser or purchasers thereof shall give such security or securities for the payment of the amount due to the said Corporation on account of such forfeited shares at the time of such forfeiture, as is hereinbefore provided, and shall likewise be subject to all the provisions of this Act, and of the said recited Act to which this is an amendment, any thing therein contained to the contrary notwithstanding. 3. The twenty fifth, twenty ninth, thirtieth, and thirty fifth Sections of the said recited Act, be and the same are hereby repealed. 4. Any number of stockholders not less than twenty, who together shall be proprietors of at least five hundred shares, shall have power at any time, by themselves or their proxies, to call a general meeting of the stockholders for any purpose relating to the business of the said Corporation other than a dissolution thereof, giving at least thirty days notice in two of the Newspapers published in this Province, and specifying in- such notice the time and place of such meeting, with the objects thereof; and the Directors, or any five of them, shall have the like powers at any time, upon observing the like formalities, to call a general meeting as aforesaid. 5. And number of stockholders not less than thirty, who together shall be proprietors of one thousand shares in the capital stock of the said Corporation, shall have the power at any time, by themselves or their proxies, to call a general meeting of the stockholders for the purpose of taking into con- 716 INSURANCE COMPANIES, [8 V C 48 sideration the propriety of dissolving the said Corporation, giving at least three months previous notice in two or more of the Newspapers published in this Province, and specifying in such notice the time and place of such meeting, with the objects thereof; and should it be agreed upon at such meeting that the said Corporation should be dissolved, such stockholders are hereby authorized and empowered to take all legal and necessary ways and means to dissolve the said Corporation, and upon such or any other dissolution qf the said Corporation, the Directors then in office shall take immediate and effectual measures for closing all the. concerns of the said Corporation, and for divid- ing the capital and profits or loss which may remain among the stockholders in proportion to their respective interests, 6. So much of the seventh and twenty seventh Sections of the said Act as appoints the general meeting of the stockholders and members of the said Corporation to be held on the second Monday in April in each and every year, be and the same is hereby repealed; and in lieu thereof, there shall be a general meeting of the stockholders and members of the said Corpora- tion held on the second Monday of July in each and every year, for the purposes set forth in the said seventh and twenty seventh Sections of said Act. 7. This Act shall continue and be in force for and during the continuance of the said recited Act, and no longer. 8th Victoria — Chapter 48. An Act to incorporate sundry persons by the name of The Globe Assurance Company. Section. Section. 1. Incorporation of Company. 16. What assurances may ma^e, &c. 2. Capital. 17. Dividends. 3. Number of siiares, what allowed, and for 18. What real estate may hold. what time. 1.9. Investment of capital. 4. Deposit betore election of Directors. 20. Investment of other moneys. 5. Stockholders, when and how to pay. 21. In what not to trade, &c. 6. When meeting to be called for choosing 22. Shares assignable. Directors, &c. 23, Directors, when liable. 7. Annual meeting for same. 24. What responsible for debts. 8. Powers of Directors 25. Securitips for capital, how renewed, &c. 9. Board for business. 26, Inspection of books, &c. 10 Director not to have salary. 27. Statement of affairs, before whom laid. a-1. Secretary to give security. 28. Access to books, by whom. 12 dualification of Directors. 29. Special meetings, by whom called. Vi. Stockholders' votes. 30. Meetinff to dissolve, by whom to be caUed. 14. Directors, when may be chosen at other 31. Statement of aifairs, when made up, &c. times. 32, Limitation. ilS. When may commence business. 8 V C 48] INSURANCE COMPANIES. 717 Passed 2lth March 1845. Whereas the Trade of this Province in Shipping and Navigation has of late greatly increased, and it is expedient for the protection and enconragement thereof to establish another Marine Assurance Company at the City of Saint John ; — Be it therefore enacted, &fc. — 1. Stephen Wiggins, John Kerr, the Horrorable John Robertson, John Wishart, Charles C. Stewart. John Owens, Thomas Leavitt, John Ward, Junior, William Parks, 'John Duncan, the Honorable R. L. Hazen, W. O. Smith, William H. Street, Nathan S. Demill, Thomas Wallace, John V. Thurgar, and Robert D. Wilmot, their asso- ciates, successors, or assigns, be and they are hereby declared to be a body politic and corporate, by the name of " The Globe Assurance Company," and they shall have ail the powers and privileges made incident to a Corporation by Act of Assembly in this Province. 2. The capital or joint stock of the said Corporation shall consist of the sum of thirty thousand pounds, to be paid in such money as shall at the time of the several payments hereinafter expressed be a legal tender in this Province; three thousand pounds, being one tenth part thereof, to be paid within ninety days after the passing of this Act ; three thousand pounds, one other tenth part thereof, within six calendar months after the expiration of the said ninety days ; and the remaining eight tenths to be paid at such time or times, and in such parts or portions as the Directors for the time being of the said Corfio- ration, or a majority of them, shall from time to time think necessary ; the whole amount of the said capital stock to be divided into shares of twenty five pounds each, making in the whole twelve hundred shares. 3. No person or persons whatsoever during the sixty days next after the passing of this Act, shall be entitled to bold or subscribe for more than fifty shares of the said capital stock, and if the whole of the same shall not have been subscribed fur within the said sixty days, then it shall be lawful for any stockholder or stockholders to increase his, her, or their sub- scription to as many shares as he, she, or they may think proper. 4. All the subscribers for stock or shares in the said Corpo- 718 INSURANCE COMPANIES. [8 V C 48 , ration shall, previous to the day of the first general meeting of the members and stockholders of the said Corporation to be called as hereafter mentioned, pay into the hands of such person or persons as the persons mentioned by name in the first Section of this Act, or the major part of them, or in case of the death of any of them, the major part of the survivors may direct, a deposit of two and one half per cent, on the amount of capital stock of the said Corporation for which they shall have subscribed ; and the said deposit shall be taken and allowed to every subscriber who shall pay the same, as part of the capital, and out of the first one tenth part of the capital stock required to be paid in under and by virtue of this Act; and every subscriber who shall neglect or refuse to pay in the said deposit, shall for every share in respect of which he or she shall neglect or refuse to pay in, be deemed a defaulter, and the said share or shares shall be forfeited to the Corpora- tion ; and no subscriber shall upon any pretence whatever vote at the said first general meeting in respect of any share or shares upon which he or she shall not have paid the said deposit. 5. Every stockholder or subscriber shall within the said ninety days after the passing of this Act, pay into the hands of the Directors for the time being of the said Corporation, or into the hands of such person or persons as they, or a majority of them, shall appoint, one tenth part of the whole amount of his or her share or shares, deducting the deposit mentioned in the fourth Section of this Act ; and shall give to the President and Directors liereinafter mentioned, satisfactory security either by bond or mortgage on real estate, or other- wise, at the option and to the satisfaction of the said President and Directors, or a majority of them, renewable as often as the said President and Directors, or a majority of them, shall require, that one other tenth part on the whole of his or her shares shall be paid to the said President and Directors for the time being of the said Corporation, within six calendar months after the expiration of the said ninety days ; and the residue of the whole amount of his or her share or shares shall be paid to the said President and Directors for the time being of the said Corporation, in such parts and portions, and in such manner as to them the said President and Directors, or a majority of 8 V C 48] INSURANCE COMPANIES, 71& them, shall seem advisable ; provided that the amount so to be called in shall not exceed at any one time twenty per centum on the vifhole amount of the capital stock of the said Corporation belonging to any individual, and not less than thirty days notice of such payment being required shall be given in one or more of the Newspapers published in the said City of Saint John ; provided always, that the said Corpora- tion shall not go into operation until the said sum of three thousand pounds shall have been paid, and shall then be in the vault or office of the said Corporation, or in one or more of the incorporated Banks in the said City of Saint John; and as soon as the said sum of three thousand pounds shall have been paid, the President shall give notice thereof to the Secretary of the Province for the time being, for the information of His Excellency the Lieutenant Governor or Commander in Chief for the time being, who is hereby authorized, by and with the advice of Her Majesty's Executive Council, to appoint three Commissioners, not being stockholders, whose duty it shall be to examine and count the money actually in the vault or office, or in one or more of the Banks as aforesaid, and to ascertain by the oaths of a majority of the Directors, that one tenth part of the amount of the capital stock of the said Corporation has been paid in by the stockholders towards the payment of their respective shares, and not for any other purpose. 6. When five hundred shares of the capital stock of the said Corporation shall have been subscribed for, a general meeting of the members and stockholders of the said Corporation shall be called to take place in the City of Saint John, by notice in one or more of the public Newspapers published in the said City, fourteen days at least previous to the day of such meeting, which notice William H. Street, Esquire, or in case of his death, neglect, or refusal, any other one of the persons men- tioned in the first Section of this Act is hereby authorized and empowered to give, for the purpose of making and establishing such bye laws and regulations for the good order and manage- ment of the aflfairs of the said Corporation as they shall deem necessary, and also for the purpose of choosing seven Direc- tors, being members and stockholders of the said Corporation, under and in pursuance of the rules and regulations herein- after made ; which Directors shall, as soon thereafter as may 720 INSURANCE COMPANIES. [8 V C 48 be convenient, meet together and choose out of their number a President, and shall also appoint at the same time, or at any future meeting, a Secretary, and so many and such other officers, clerks, servants, and agents for carrying on the said business as they shall deem requisite ; and shall at the same time, or at any future meeting, accept and receive what remains due of the first instalment of the ten per cent, on each stock- holder's share or subscription, and shall take from each sub- scriber such securities for the remainder of their subscriptions as is hereinbefore pointed out, and shall commence the opera- tions of the said Company subject to the rules and regulations as hereinbefore provided, and shall continue and serve to be Directors until the first annual meeting for the choice of Directors as is hereinafter made and provided, or until others are chosen in their room ; provided that the laws and ordinances at any time made shall be in no wi&b contrary or repugnant to the laws of this Province. 7. There shall be a general meeting of the stockholders of the said Corporation held on the first Monday in July in each and every year after the present year one thousand eight hundred and forty five, at the City of Saint John, at which annual meeting there shall be chosen by a majority of the stockholders of the said Corparation then present, or represented by proxy, out of all the stockholders of the said Corporation, seven Directors, who shall continue in office for one year, or until others are chosen in their room : in the choice of which Directors the stockholders of the said Corporation shall vote according to the rule hereinafter mentioned ; and the Directors, when chosen, or the majority of them, shall at their first meet- ing after their election choose out of their number a President, who is to be chosen by a majority of votes ; provided always, that four of the Directors in office shall be re-elected, of whom the President shall always be one. 8. The Directors for the time being of the said Corporation shall have power to do and execute all the matters and things contained in the preceding Sections of this Act, as far as the same may be left unexecuted by the Directors therein men- tioned, and they shall manage the whole concerns of the said Corporation agreeably to this Act of Incorporation, and such bye laws, rules, and regulations as the stockholders thereof 8 V C 48] INSURANCE COMPANIES. 721 may from time to time establish, and also do and execute alt other matters and things that may be necessary for the benefit of the said Corporation, and also shall have power to appoint and to remove at pleasure, a Secretary and such other officers, clerks, and agents as they, or the major part of them, shall think necessary for executing the business of the said Corpo- ration, and shall allow the said Secretary, officers, clerks, and agents such compensation for their respective services as to them the said Directors, shall appear reasonable and proper ; all which, together with the expenses of buildings, house, or office rent, and all other contingencies, shall be defrayed out of the funds of the Corporation. 9. Not less than three Directors shall constitute a board for the transaction of business, of which the President shall always be one, except in case of sickness or necessary absence, in which case the Directors present may choose one of their board as Chairman for the time being ; all questions relating to any business to be transacted at the board shall be decided by a majority of the votes of Directors then present, and no Director shall have more than one vote, except the President or Chairman so chosen as aforesaid, who shall vote at the board as Director, and shall also have a casting vote in all questions when the votes shall happen to be equal. 10. No Director shall be entitled to any salary or emolument for his services, but the stockholders of the said Corporation may make such compensation to the President as to them shall appear reasonable. 11. Every person hereafter to be appointed Secretary to the said Corporation shall, before he enters upon the duties of his office, give a bond to the said Corporation, with two or more sureties to be approved of by the Directors, in a sum not less than three thousand pounds, with a condition for his good and faithful behaviour in the said office of Secretary. 12. No person shall be eligible for a Director unless such person is a stockholder, and holds not less than twenty shares of the capital stock of the said Corporation in his own right. 13. On every occasioii when in conformity to the provisions of this Act the votes of the stockholders are to be given, every stockholder may t^ote by proxy, provided such proxy be a stockholder, and previous to voting produce a sufficient autho- 46 722 INSURANCE COMPANIES. [8 V C 48 rity in writing from his constituent or constituents so to act ; that all questions be decided by a majority of the votes of the stockholders then present, or represented by proxy, and • the number of votes which each shall be entitled to shall be one vole for each share he or she may hold in the capital stock of the said Corporation ; provided that no stockholder shall hold at any one time more than five proxies ; and provided also, that no stockholder be allowed to give more than sixty votes . upon any question, either in respect of his own shares, or in respect of any proxy or proxies of which he may be the holder. 14. If it should happen that the Directors should not be chosen on the first Monday in July in any year as aforesaid, it shall and may be lawful to choose them on any other day, between the hours of eleven in the forenoon and four in the afternoon of the said day, upon giving fourteen days notice of the time and place of meeting, which shall take place in the said City of Saint John ; and in case any Director shall dis- qualify himself by the sale, disposal, or transfer of his shares, or any of them, so as to reduce his interest in the capital stock to less than twenty shares, or in case of the removal of a Director by the stockholders for misconduct or mal-adminis- tration, his place shall be filled up by the said stockholders, fourteen days notice of the time and place of meeting being first given ; and in case of any vacancy among the said Direc- tors by death, resignation, or absence from the Province for three months, the said Directors for the time being shall and may if they shall think fit, fill up the same by choosing one of the said stockholders, and the person so chos^en by the said stockholders, or by the said Directors, shall serve until another be chosen in his room. 15. As soon as the said first instalment of three thousand pounds shall have been actually paid (in manner and form as is hereinbefore provided, on accountof the subscriptions to the said capital stock, notice thereof shall be given in one or more of the Newspapers published in this Province, and the Direc- tors shall commence with the business and operations of the s^id Corporation ; provided always, that no insurance shalt be effected until the said sum. of three thousand pounds shall be actually paid in and received on account of the subscriptions to the capital stock of the said Corporation. 8 V C 48] INSURANCE COMPANIES. 723 16. The said Corporation shall have power to make marine insurance on vessels, freights, moneys, goods, pnd effects, and in case of money lent upon bottomry and respondentia, and to jSx the premiums and terms of payment ; and all policies of insurance by them made shall be subscribed by the President, or in case of his death, absence, sickness, or inability, by any two of the Directors, and shall be countersigned by the Secre- tary of the said Corporation, or in case of the sickness, absence, or inability of the said Secretary, then by such person as the Directors, or a majority of them, may appoint, and shall be binding and obligatory on the said Corporation ; and all losses duly arising under any policy so subscribed and countersigned, shall and may be adjusted and settled by the Board of Direc- tors, and the same shall be binding on the said Corporation, and shall be paid to the assured within sixty days after such adjustment ; provided always, that the said Directors shall not in any case make insurance on any single risk to an amount exceeding three thousand pounds. 17. It shall be the duty of the Directors of the said Corpo- ration, or a quorum thereof, to make half-yearly dividends of all the profits, rents, premiums, and interest of the said Cor- poration, or of so much thereof as they shall think fit, payable at such time and place as the said Directors, or a quorum of them, may appoint, of which they shall give thirty days notice in one or more of the Newspapers published in this Province ; provided that the moneys received, and notes taken for premi- ums of risks which shall be undetermined and outstanding at the time of making any such dividend, shall not be considered a part of the profits of the said Corporation ; and provided further, that if the amount of the capital stock paid as by this Act is required, shall be by any means reduced to a sum not less than six thousand pounds, then and in such case no dividend or dividends whatsoever shall be declared or made until a sum equal to the said sum of six thousand pounds shall be vested for the use of the said Corporation. 18. The said Corporation shall have full power and autho- rity to take, receive, hold, and enjoy any lands, tenements, and real estate, and rents, to any amount not exceeding three thousand pounds ; provided that nothing herein contained shall prevent the said Corporation from taking or holding real 724 INSURANCE COMPANIES. [8 V C 48 estate or chattels to any amount whatsoever by mortgage, taken as collateral security for the payment of any sum or sums advanced by or"*debts due to the said Corporation, or for security of the payment of the amount of such part of the capital stock of the said Corporation as shall at any time or times remain unpaid. 19. The capital stock of the said Corporation collected at each instalment and at the times hereinbefore provided, shall be by the said Directors invessted and disposed of in such pub- lic funds, or to such public or corporate bodies, or associations or joint companies, as may by the said Directors be deemed advisable ; and in the event of there being no public funds, or public or corporate bodies, or associations or joint companies, to which the same can be advantageously lent and disposed of, or in which the same can be safely invested, then it shall and may be lawful for the said Directors, or a majority of them, to apply the same and dispose thereof by letting the same out at interest upon the security of lands, or upon other security as they may think fit ; provided always, that no moneys of the said Corporation shall be put out at interest, nor any security be taken for the same, either by bond or mortgage, or bill, or note, or otherwise, for a shorter period than one year ; pro- vided also, that no loan of the capital stock at any time to be created under the provisions of this Act, or any part thereof, shall be made directly or indirectly to any Director of the said Company, nor shall any such Director be a party to any secu- rity for any such loans, and no stockholder to whom any part of the said capital stock shall have been l«nt, shall be eligible as a Director while the loan continues. 20. It shall and may be lawful to and for the Directors of the said Corporation to use, apply, and dispose of the moneys arising in the course of the dealing of the said Corporation, and all the profits, rents, premiums, and interest thereof, by letting the same out at interest, either upon the security of lands or other property, or otherwise, as the Directors thereof may think fit, any thing contained in this Act to the contrary notwithstanding ; and the restrictions as to loans to the Direc- tors, and to the eligibility as Directors of stockholders to whom money may have been loaned, which are contained in the last preceding Section, with regard to the capital stock, 8 V C 48] INSURANCE COMPANIES. 725 shnll extend and tippfy in all respects to any loans of money to be made by virtue of this present Section in like manjer as if the same were repeated here. 21. The said Corporation shall not directly or indirectly deal or trade in buying or selling any goods, wares, or mer- chandize whatsoever ; provided nevertheless, that it shall be Jawful for the said Corporation to take, receive, possess, and enjiy any ships, goods, merchandize, or chattels whatsoever which shall have been abandoned to the said Corporation by reason of arly loss or damage having occurred to the same, and shall and may dispose of and sell the same at such time or times, and in such manner as to the said Directors for the time being shall seem expedient. 22. The shares or capital stock of the said'Cm-poration shall be assignable or transferable according to such rules and regulations as may be by the stockholders established in that behalf, but no assignment or transfer shall be valid or effec- tual unless such assignment or transfer shall be entered and registered in a book to be kept by the Directors for that pur- pose, and' in no case shall any fractional- part of a share be assignable or transferable ; and whenever any stockholder shall transfer in manner aforesaid, all his or her shares in the said Corporation to any other person or persons whomsoever, such person shall cease to be a member of the said Corpora- tion, and the person or persons so purchasing shall become a metnber of the said Corporation in his or her stead, and be entitled to alluhe privileges and subject to all the liabilities as such. 23. In case of any loss or losses taking place which shall be equal to the capital stock of the said Corporatioti, and the President and Directors, after knowing of such loss or losses taking place, shall make any further policy of assurance, they and their estates, jointly and severally, shall be accountable for the amount of any and^ every loss which shall take place under such policy or policies so made. 24. The joint stock or property of the said Corporation shall be alone responsible for the debts and engagements of the said Corporation; and no person or persons who shall or may have dealings with the said Corporation, shall on any pretence whatever have recourse against th^ separate property of any 726 INSURANCE COMPANIES. [8 V c 48 present or future member or members of the said Corporation, or against their person or persons, further than is in this Act provided. 25. The bonds and other securities of what nature or kind soever taken for the payment of the second instalment and residue of the said capital stock as is hereinbefore directed, shall from time to time be renewed or changed, and other and further security or securities for the same be given as is pro- vided in and by the fifth Section of this Act, and in case of any refusal or delay to renew or change any such security or securities, or to give and grant other and further security or securities thprefor to the satisfaction of the said Directors, or a majority thereof, within thirty days after notice thereof being given, then and in such case it shall and may be. lawful to and for the said Directors, or a majority of them, to cause such proceedings both in law and equity, or either, as may be deemed requisite, to be taken for the recovery of the amount of such several and respective securities, or it shall and may be lawful to and for the said Directors, or a majority of them, if they shall think fit, to declare the shares in the capital stock of the said Corporation, for the amount of the residue of which such security or securities shall have been given, forfeited to the said Corporation, together with all deposits and instal- ments, interest, profits, or dividends thereto belonging ; and such stock so forfeited shall be sold by public auction for and on account of the said Corporation, and the purchaser or purchasers thereof shall give such security or securities for the payment of the amount due to the said Corporation on account of such forfeited shares, at the time of such forfeiture, as is hereinbefore provided, and shall likewise be subject to all the provisions of this Act. 26. The books, papers, correspondence, and all other mat- ters and things belonging to the said Corporation, shall at all times be subject to the inspection of the Directors, or any of them, but no stockholder not a Director shall inspect the account of any individual or corporate body with the said Corporation. 27. The Directors shall at the general meeting to be holden on the first Monday in July in each and every year, lay before the stockholders for their information, an exact and particular 8 V C 48] INSURANCE COMPANIES. 727 Statement in triplicate of the then state of the affairs and business of the said Corporation, agreeably to the several regulations of this Act, and such other rules and regulations as may by the stockholders of the said Corporation be made by virtue hereof, so as the same may contain a true account of the affairs of th« said Corporation ; which statement shall be signed by the Directors, and attested on oath or affirmation by the Secretary, or in case of his absence, sickness, or inability to attend, by such person or persons as the Directors, Br any quorum thereof, may appoint to act in his stead, and shall be transmitted to the Secretary of the Province for the information of His Excellency the Lieutenant Governor or Commander in Chief for the time being, and the Legislature ; provided always, that the rendering such statement shall not extend to give any right to the stockholders, not being Directors, to inspect the account of any individual or indivi- duals with the Corporation. 28. Any joint Committee hereafter to be appointed by the Honorable the Legislative Council and the House of Assembly for the purpose of examining into the proceedings of the Cor- poration, shall, either during the Session or prorogation of the General Assembly, have free access to all the books and accounts of the same. 29. Any number of stockholders not less than twenty, who together shall be proprietors of six hundred shares, shall have power at any time, by themselves or their proxies, to call a general meeting of the stockholders for any purpose relating to the business of the said Corporation other than a dissolution thereof, giving at least thirty days notice in two of the News- papers published in this Province, and specifying in such notice the time and place of meeting, with the objects thereof; and the Directors, or any four of them, shall have the like power at any time, upon observing the like formalities, to call a general meeting as aforesaid. 30. Any number of stockholders not less than thirty, who together shall be proprietors of nine hundred shares in the capital stock of the said Corporation, shall have power at any time, by themselves or their proxies, to call a general meeting of the stockholders for the purpose of taking into consideration the propriety of dissolving the said Corporation, givipg at 728 INSURANCE COMPANIES. [8 V C 48 Icj^^t three months notice in two or more of the Newspapers published in this Province, and specifying in such notice the time and place of meeting, with the object thereof; and should it be agreed upon at such meeting that the said Corpora.tion should be dissolved, such stockholders are hereby autbArizcd and empowered to take all legal and necessary ways and means to dissol>ee the said Corporation; and upon such or any other dissolution of the said Corporation, the Directors then in office shall take immediate and effectual measures for closing the concerns of the said Corporation, and for dividing the capital and profits which may remain among the stockholders in pro- portion to their repective shares. 31,. The Secretary of the said Corporation shall on the first Thursday in January in each and every year, make a return in triplicate of the state of the afi!airs of the said Corporaiioa as they existed at three of the clock in the afternoon of that day, and shall forthwith transmit the same to the office of the Secretary of the Province ; which return shall specify the aggregate amount of the risks at that time taken by the said Corporation, the amount of losses incurred during the pre- ceding year, the amount of capital actually paid in, and how, the same has been invested and secured, also a particular statement of the manner in which the residue of the capital stock has. been secured, the amount of the dividends for the preceding year, and when declared, together, with the amount: of surplus profits, if any, then belonging to the said Cor- poration, and how the same has. been invested and secured, the amount of real estate owned by the said Corporation, together with a particular statement of all other affairs of the; said Corporation ; which return shall be signed by the Secre- tary of the said Corporation, who shall make oath or affirraar tion before some Justice of the Peace for the City and County of Saint John to the truth of the said return, according to the best of his knowledge and belief; and the Secretary of the said Corporation shall also at the same time make a. return under oath or affirmation of the names of the stockholders, and the amount of stock owned by each ; and a majority of the Directors of the said Corporation shall certify and make oath or affirmation before the same Justice of the Peace, that the books of the; said Corporation indicate the state of facts so 8 V C 48] • INSURANCE COMPANIES. 729 returne.d by their Secretary, and they have full confidence in the truth of the return so made by him ; and it shall be the duty of the Secretary of the Province annually to lay before the Legislature of this Province, so soon after the opening of the Session as practicable, such returns as aforesaid as he may have recerved since the then next previous Session. 32. This Act shall continue and be in force until the first day of May which will be in the year of our Lord one thousand eight hundred and sixty five. 730 RAILWAYS. [13 V c 21 13th Victoria — Chapter 21. Aa Act to incorporate the Grand Falls Railway Company. SeGtion. Section. 1. Incorporation of Company. 25. Votes of stockholders. H. Capital. tZ6. !Firat meeting for choice of Birectors. 3. When may commence Railway. S7. Officers appointed, by whoin, &c. 4. What evidence of title. S8. Annual general meeting. 5. Share, when not to be transferred. 39 S: 30. Repealed. 6. Trust shares, who not bound by. 31. Tolls, &c. 7. Subscribers, how to pay. 32. Government, when may purchase. 8. Calls, 33. Forces, &c. when to be conveyed. 9. Interest, when payable. 34. Tolls, when altered. 10. Defaulters, when tnay be sued. 35. Dividends. 11. Declaration in suits for calls. 36. What receipts of what persons good. 12. Proof on trial. 37. Profits, what reserved. 13. Register of shareholders, what evidence. 38. When dividend not paid.' ' 14. 15, 16, 17, IS, 19, & 20. Rnpealed. 39. Debts, what responsible for. 21. Powers of Company as to taking land, Sec. 40. Limitatioa as to suits. 22. Powers as tu entering for materials, &c. 41. Destroying, &c. works, punishment. 23. Fences, how maintained. 42. Railway, when to be completed. 24. Repealed. 43. Suspending clause. Schedule. Passed 26th Jpril 1850. Whereas the construction of a Railway around the Great Falls of the River Saint John would be of great public utility, and it is deemed advisable to grant encouragement to such persons as may be desirous, at their own costs and charges, to make and maintain a Railway at the place aforesaid, by grant- ing them an Act of Incorporation ; — Be it therefore enacted, ^c. — 1. James Jenkins, James Tibbits, Benjamin Beveridge, L. A. Wilmot, Charles Connell, Francis Tibbits, Henry N. West, James R. Tupper, George Connell, Charles A- Hammond, Thomas E. Perley, Michael Currin, Abijah Raymond, and William F. Dibblee, and such other persons as shall from time to time become proprietors of shares in the Company hereby established, their sussessors end assigns, shall be and they are hereby declared, ordained, and constituted to be a Corporation, body politic and corporate, by the name of " The Grand Falls Railway Company," and shall by that name have perpetual succession and a common seal ; and shall and may by the said name sue and be sued, plead and be impleaded, answer and be answered unto, defend and be defended in all Courts and places whatsoever; and shall also have power and authority to purchase, hold, and enjoy lands, tenements, and hereditaments, for them and their 13 V C 21] RAILWAYS. 731 successors and assigns, for making the said Railway, and generally for the purpose of carrying the provisions of this Act into effect ; and also that they the said Company shall from time to time and at all times have full povper and authority to constitute, make, ordain, and establish such bye laws, regula- tions, and ordinances, as may be deemed necessary for the good rule and government of the said Company; provided that such bye laws, regulations, and ordinances as may be deemed necessary be not contradictory or repugnant to the laws of this Province ; and provided also, that no bye laws, regulations, and ordinances made under and by virtue of the power and authority of this Act shall be of any force or effect until one calendar month after a true copy of such bye laws, regulations, and ordinances, certified under the hand of the President of the said Company, shall have been laid before the Lieutenant Governor or Administrator of the Government for the time being, for his approval or disapproval, unless the Lieutenant Governor or Administrator of the Government in this Province shall before, such period signify his approbation thereof; pro- vided always, that it shall be lawful for the Lieutenant Governor or Administrator of the Government for the time being, at any time either before or after any bye law, regulation, or ordinance shall have been laid before him as aforesaid shall have come into operation, to notify to the Company who shall have made the same, his disallowance thereof, and in case the same shall be in force at the time of such disaillowance, the time at which the same shall cease to be in force ; and no bye law, regulation, or ordinance which should be so disallowed shall have any force or effect whatsoever, or if it shall be in force at the time of such disallowance, it shall cease to have any force or effect at the time limited in the notice of such disallowance, saving in so far as any penalty may have been then already incurred under the same. 2. The capital stock of the Company hereby established shall be twenty thousand pounds, to be paid in current money of this Province, the whole amount of the said capital stock to be divided into one thousand shares of twenty pounds each, which shares shall be vested in the persons hereinbefore named, and such other persons as may take shares in the said Company, their successors or assigns ; and upon taking such shares they 732 RAILWAYS. [13 V c 21 shall deposit in such Bank as the Directors of the said Com- pany shall from time to time appoint for that purpose, the sum of two pounds ten shillings per share, current money aforesaid, and the remaining amount of such shares shall be called in as the work , progresses, in such parts and amount per share as • the Directors of the said Company may deem necessary; provided always, that two pounds ten shillings per share shall be the greatest amount per share of any one call which the said Directors may make on the shareholders, and two months at the least shall be the interval between successive calls, and thirty days previous notice of payment being required for any one call shall be given in the Royal Gazette at. Fredericton ; and on demand of the holder of any share, the Company shall cause a certificate of the proprietorship of such share to be delivered to such shareholder, and the same may be according to the form in the Schedule A to this Act annexed, or to the like effect; and every of the said shares shall be deemed personal estate, and transferable as such, and, shall not be deemed or taken to be of the nature of real property, and every such share shall entitle the holder thereof to a proportionate part of the profits and dividends of the said Company ; provided also, that the' money so to be raised as aforesaid shall be laid out in the making, completing, and maintaining the said Railway, and in payment of the legal and other expenses incurred in and about; the incorporating and establishing the said Company, and to> no other use or purpose whatsoever. 3. So soon as ten thousand pounds of the capital stock- of the sfiid Company shall have been subscribed; and the deposit, of two pounds per share shall have been actually paid as afore- said, and not before, it shall be lawful for the said Company, and they are hereby authorized and empowered by themselveSj. their deputies, agents, officers, and workmen, to make, con- struct, and finally complete, alter, and keep in repair a Railway, with one or more sets of rails or tracts, with all suitable bridges, archways, turn-outs, culvertSj drains, and all other necessary appendages, and to erect such wharves, moles,,jetties, piers, docks, harbours, landings, aboideaux, dikes, buildings, depots, and warehouses, either at the termini or on the line of the said Railway, and to purchase and acquire such stationary or locomotive steam engines and carriages, wagons, floats. 13Vc21] RAILWAYS. 733 and other machinery an notice given as shall be prescribed by the bye laws of said Corporation, the Directors may order the Treasurer to sell such share or shares at public auction, after giving such notice as may be prescribed as aforesaid, to the bighest bidder, and the same shall be transferred to the ])urchaser ; and such delinquent subscriber or stockholder shall be held accountable to the Corporation for the balance, if his share or shares- shall sell for less than the assessment due thereon, with the interest and costs of sale ; and shall be entitled to the overplus, if his share or shares shall sell for more than the ajssessment due, with the interest and costs of sale; provided that no share- holder in said Company shall be in atiy, manner whatever liable for any debt or demand due by said Company beyond the extent of his, her, or their shares in the capital stouk of the said Company not paid up; and no assessment shall be laid upon any shares in said Company of a greater amount in the whole than ten pounds. 7. A toll is hereby granted and established for the sole use anil benefit of said Corporation upon all passengers and pro- perty of all descriptions which may be conveyed or transported 14 Veil] RATLWAYS. 749 by them upon said road, at such rate as may he agreed ii|ion and estahlished from time to time hy the Directors of s-.iid Corporation; the transportation of persons and property, the construction of wheels, the form of cars and carriages, the weights of loads, and all other maltctrs and things in relation to said road, shall he in conformity with such rules, regulations, and provisions as the Directors shall from time to time pre- scrihe and direct. 8. The Legislature may authorize any other Company or Companies to connect any other Ilailroad or Railroads with the Railroad of said Corporation, at any points on the route of said Railroad ; and this Company is herehy authorized and empowered to connect any Railway I hey may construct under this charter with any other Railway existing, to be constructed within or without the Province; and the said Corporation shall receive and transport all persons, goods, and property of all descriptions, which may he carried and transported to the Railroad of said Corporation on such other Railroads as may be hereafter authorized to be connected therewith, at the same rates of toll and freight as may be prescribed hy said Corpo- ration, so that the rates of freight and toll on such passengers, goods, and other property as may be received from such other Railroads so connected with such Railroad as aforesaid, shall not exceed the general rates of freight and toll on said Rail- road received for freight and passengers at any of the deposits of said Corporation. 9. If the said Railroad in the course thereof shall cross any private way, the said Corporation shall so construct said Rail- road as not to obstruct the safe and convenient use of such private way ; and if such Railroad shall in the course th<'reof cross any canal, mill-pond, turnpike, railroad, or other high- vvay, the said Railroad shall he so constructed as not to obstruct the safe and convenient use of such canal, mill-pond, turnpike, or other highway ; and the said Corporation shall have power to raise or lower such turnpike, highway, or private way, so that the said Railroad, if necessary, may conveniently pass under or over the same, and erect such gate or gates thereon as may be necessary for the safety of travellers or persons on said turnpike, mill-pond, railroad, highway, or private way. ' 10. Said Raihoad Corporation shall constantly maintain in 750 RAILWAYS. [14 V c 11 good repair all bridges, with their abutments and embankments, which they may construct for the purpose of conducting their Railroad over any canal, mill-pond turnpike, highway, or private way, or for conducting such private way or turnpike over said Railroad. 11. If said Railroad, or any branch thereof, shall in the course thereof cross or partly cross any tide waters, navigable rivers, or streams, the said Corporation are hereby authorized and empowered to erect, for the sole and exclusive travel on their said Railroad, a bridge across or partly across each of said rivers or streams, or across or partly across any such tide waters ; provided such bridge or bridges, or other erections, shall be so constructed as not unnecessarily to obstruct or impede the navigation of such rivers or waters. , 12. Said Railroad Corporation shall erect and maintain substantial^ legal, and sufficient fences on each side of the land taken by them for their Railroad, where the same passes through enclosed or improved lands, or lands that may here- after be improved ; and for neglect or failure to erect and maintain such fences, said Corporation shall be liable to be indicted in any Court having competent jurisdiction within anjl for the County of Charlotte, and to be fined in such sum as shall be adjudged necessary to repair the same ; and such fine shall be collected and paid as other fines are by law collectf4 and paid, and shall be expended for the erection or repair of said fence, under the direction of an agent appointed by the Court imposing the fine ; provided however, that such fences may be dispensed with at the receiving and landing places of passengers and freight, and at such other places as fences are not elsewhere usually required. 13. The said Corporation shall be subject to all such regu- lations, provisions, and conditions in reference to the trans- mission of Mails and Troops, as are established by any law in force in this Province with respect to any other Railroad Corporation ; and said Corporation, after they shall commence the receiving of tolls, shall be bound at all times to have said Railroad in good repair, and a sufficient number of suitable engines, carriages, and vehicles for the transportation of per- sons and articles, and be obliged to receive at all proper times and places, and convey the same when the appropriate tolls 14V*cll] RAILWAYS. 75t therefor shall be paid and tendered, and a lien is hereby cre- ated on all artinles transported for said tolls ; and the said Corporation, fulfilling on its part all and singular the several obligations and duties by this Section imposed and enjoined upon it, shall not be held or bound to allow any engine, loco- motive, cars, carriages, or other vehicles for the transportation of persons or merchandize, to pass over said Railroad or its branches other than its, own, furnished and provided for that purpose as herein enjoined and required ; provided however, that said Corporation shall be under obligations to transport over said Railroad and branches in connection with their own trains, the passengers, and other cars of any other incorporated Company that may hereafter construct a Railroad connecting with that^ hereby authorized, such other Company being sub- ject to all the provisions of the seventh and eighth Sections of this Act as to rates of toll, and all other particulars enume- rated in said Sections. 14. If any person shall willfully and maliciously, or wantonly and contrary to law, obstruct the passage of any carriage on said Railroad, or in any way spoil, injure, or destroy said Railroad, or any part thereof; or of any of its branches, or anything belonging thereto, or any material or implements to be employed in the construction or repair, or for the use of the said Railroad aad branches, he, she, or they,*or aiiy person or persons assisting, aiding, or abetting such trespass, shall profit and pay to the said Corporation for every such offence, treble such damages as shall be proved before the Justice, Court, or Jury before whom the trial shall be had, to be sued for before any Justice, or in any Court proper to try the same, by the Treasurer of the Corporation, or other officer whom they may direct, to the use of the Corporation ; and such offender or offenders shall be liable to indictment by any Grand Jury of the County of Charlotte, or of any County within which such trespass shall have been committed, for any offence or offences contrary to the above provisions ; and upon conviction thereof before any Court competent to try the same, shall pay a fine not exceeding one hundred pounds to the use of the Province, or may be imprisoned in the Provincial Penitentiary, and kept to hard labour, for a term not exceeding five years, at the dis- cretion of the Court before whom such conviction may be had. 752 RAILWAYS. [14 Veil 15. The annual meeting of the said Corporation shall be bolden on the last Wednesdiiy in July, or such other day as shall be determined by the bye laws, at such time and plare as the Directors for the time being shall appoint, at which meeting the Directors shall be chosen by ballot, each proprietor, by himself or proxy, being entitled to as many votes as he holds shares; and the Directors are hereby authorized to call special meetings of the stockholders whenever they' shall deem it ex- pedient and proper, giving such notice as the Corporation by their bye laws shall direct. 16. The Legislature shall at all times have the right to inquire into the doingsof the Corporation, and into the mariner in which the privileges and franchises herein and hereby granted may have been used and employed by said Corpora- tion, and to require returns of profits and expenditure, and to correct and prevent all abuses of the same, and to pass any laws imposing fines and penalties upon said Corporation, which may be necessary more effectually to compel a compliance with the provisions, liabilities, and duties hereinbefore set forth and enjoined, but not to im|)ose any other or further duties, liabilities, or obligations ; and this Charter shall not be revoked, annulled, altered, limited; or restrained without the consent of the Corporation, except by due process of law. 17. If the State of Maine shall, in any legal.way and manner, constitute this Company a Company within its limits and juris- diction, this Company is hereby authorized and empowered to exercise within said limits and jurisdiction of such State, all the rights and powers, and shall have and enjoy all the privi- leges and immunities which it could have, exercise, or enjoy within this Province. 18. The said Company, to entitle themselves to the privi- leges, benefits, and advantages to them granted in this Act, shall and they are hereby empowered to make and complete the said Railway from the Upper Mills, in the Parish of Saint Stephen, in the County of Charlotte, in this Province, to the mouth of Dennis Creek, within five years* from the ])assing of this Act, and complete the remaining part of the said Rail- way, from Dennis Creek to the Ledge, or to Oak Point, in the said Parish, within ten years from the passing of this Act ; and if the same shall not be so made and completed within the 15 V c 76] RAILWAYS. 753 period before mentioned, so as to be used for the conveyance and carriage of passengers, goods, chattels, wares, and mer- chandise thereon, then this Act, and every matter and thing therein contained, shall cease and be utterly null and void. [•Time extended by 18 V. c. 62.] S4 (ZZ.^^ 'tS^ 15th Victoria — Chapter 76. An Act to incorporate th« Magaguadavic Railway Com- pany. Seotion. Section. 1. Incorporation of Company. 29. Board of Directors. 2. Capital, &c. 30. Votes of stockholders. 3. When Company may construct Railway. 31. First meeting, when held. 4. Branch Railways. 32. Officers, by whom appointed, &c. 5. Interest, ori what capital. 33. Annual meeting for choice of Directors, 6. Property in share, what evidence of. &c. 7. When share not to be transferred. 34. Extraordinary meeting, by whom called. 8. Trust shares not bound for. 35. Notice of same. 9. Stock, how paid for. 36. Tolls; statements of expenses, &e. 10. Calls. 37 Grovernment may purchase same. 11. Interest payable, on what. 38. Mails, &c. to be forwarded. IS. Advances from shareholders. 39. Compensation, how fixed. 13. Defaulters, how saed. 40. Arbitrators, nomination of. 14. Declaration in-suits for calls. 41. Forces, &c., how conveyed. 15. Proof on trial. 4y. Tolls, how altered. 16. Register of shareholders, evide^nce of 43. Government inay use Company's lands what. for Telegraph, when, &c. 17. Shares, when forfeited. 44. Dividends. 18. Notice of forfeited shares. 45. Receipts of what persons good. 19. Forfeited shares, when confirmed. 46. Profits, what to be reserved, and when. 20. When may be sold, 47. Dividend, when not paid. 31, Ownership in shares, evidence, 48. Debts, what responsible for. 22. What number of shares may be sold. 49, Doiqgs of Corporation, who may investi- 23. When shares to revert. gate. 24. Powers of Company. 50. Accounts, before whom laid. 25. Agreements, &c. for land valid. 51. Returns of traffic, &c. 26. Land may be taken for materials, &c. 52. Actions, limitation of. 27. Fences, where maintained. 53. Malicious acts, punishment of. 28. Gates across Highway. 54. Railway, when to be completed. Schedule. Passed 'Jtk April 1852. Whereas the construction of a Railroad for the transporta- tion of lumber from the Upper Milltown, on the Magaguadavic River, to the Town of Saint George, and thence to L'Etang Harbour, and also for the conveyance of passengers, would materially benefit the inhabitants of that section of the Province, and would tend 'in a great degree towards the improvement of the country, it is deemed advisable to grant encouragement to such enterprising persons ias may be desirous and willing, at their own cost and charg^es, to make and maintain a Railway in the direction aforesaid, by granting them an Act of Incor- poration ; — Be it therefore enacted, ^c* — 1. Daniel Gillmor, Benjamin 48 754 RAILWAYS. [15 V c 76 Randall, F. O. J. Smith, the Honorable W. F. W. Owen, the Honorable Harris Hatch, Patrick Clinch, Moore R. Fletcher, Abraham J. Wetmore, Robert Thomson, Isaac Knight, Dillon P. Myers, John G. Myers, William Porter, Stuart Seelye, John French, Z. A. Paine, Robert Mowe, Junior, Daniel J. Odell, John M'CouIl, Gideon Knight, Justus Wetmore, John J. Robinson, Thomas Jones, Richard Magee, Philo Seelye, John E. Messenett, Reuben Brockway, Junior, Kilburn G. Robinson, Alfred Gillmor, Arthur Hill Gillmor, Hugh Mathe- son, Hugh M'Callum, Henry Frye, Edward Seelye, George V. Knight, James Vernon, Barnard Buckman, John Wheaton, and such other persons as shall from time to time become pro- prietors of shares in the Company hereby established, their successors and assigns, shall be and they are hereby declared, ordained, and constituted to be a Corporation, body politic and corporate, by the name of " The Magaguadavic Railway Com- pany," and shall by that name have prepetual succession and a common seal, and shall and may by the said name sue and be sued, plead and be impleaded, answer and be answered unto, defend and be defended in all Courts and places whatso- ever, and shall also have power and authority to purchase, hold, and enjoy lands, tenements, and hereditaments, for them and their successors and assigns, for making the said Railway, and for settlers on the line of the said Railway, and generally for the purposes of carrying the provisions of this Act into effect ; and also that they the said Company shall frqm time to time and at all times have full power and authority to con- stitute, make, ordain, and establish such bye laws, regulations, and ordinances as may be deemed necessary for the good rule and government of the said Company, provided that such bye laws, regulations, and ordinances as may be deemed necessary,* be not contradictory or repugnant to the laws of this Province ; and provided also, that no bye laws, regulations, and ordinances made under and by virtue of the power and authority of this Act, shall be of any force or effect until one calendar month after a true copy of such bye laws, regulations, and ordinances, certified under the hand of the President of the said Company, shall have been laid before the Lieutenant Governor or Admin- istrator of the Government in this Province for the time being, for his approval or disapproval, unless the Lieutenant Governor 15 V c 76] RAILWAYS. 755 or Administrator of the Government shall before such period signify his approbation thereof. 2. The capital stock of the Company hereby established shall be fifty thousand pounds, to be paid in current money of this Province, the whole amount of the said capital stock to be divided into five thousand shares of ten pounds each, whjch shares shall be vested in the persons hereinbefore named, and such other persons as may take shares in the, said Company, their successors or assigns, in proportion to their respective shares and interest.; which said shares shall be of the value of ten pounds each, five per cent, of which shall be paid ai such time and place as the Directors of the said Company shall appoint, and the remaining ninety five per cent, in such part and proportions, and at such time and times as the said Direc- tors shall determine, which amount shall not at any one period be more than five per cent, on the amount of capital or stock belonging to any individual, and one month at the least shall be the interval between successive calls, and twenty days previous notice of payment being required for anyone call shall be given in one of the weekly Papers published in the County of Charlotte ; and on demand of the holder of any share the Company shall cause a certificate of the proprietor- ship of such share to be delivered to such shareholder, and the same may be according to the form in Schedule A to this Act annexed, or to the like effect ; and every of the said shares shall be deemed personal estate, and transferable as such, and shall not be deemed or taken to be of the, nature of real pro- perty, and every such share shall entitle the holder thereof to a proportionable part of the profits and dividends of the said Company ; provided also, that the money so to be raised as aforesaid, shall be laid out in the making, completing, and maintaining the said Railway, and other the purposes there- with connected mentioned in this Act, and in payment of the legal and other expenses incurred in and about the incorporat- ing and establishing the said Company, and to no other use or purpose whatsoever. 3. So soon as ten thousand pounds of the capital stock of the said Company shall have been subscribed, and the deposit of five per cent, shall have been actually paid into some Bank in this Province to be named by the Directors of the said 756 RAILWAYS. [15 V c 76 Company, and not before, it shall be lawful for the said Com- pany, and they are hereby authorized and empowered by themselves, their deputies, agents, officers, and workmen, to make, construct, and fully complete, alter, and keep in repair a Railway, with one or more sets of rails or tracks, with alt suitable bridges, archways, turn-outs, culverts, drairrs, and all other necessary appendages, and to erecit such wharves, moles, jetties, piers, docks, harbour^, landings, dikes, buiiding^s, depots, and warehouses, ieither at the termini or on the line of the said Railway, and to purchase and acquire such stationary or locomotive steam engines and carriages, wagons, floats, and other machinery and contrivances, and real or personal property, as may be necessary for the making and maintaining tbe said Railway, and for the transport of passengers and merchandise thereon, and for other purposes of this Act, and may hold and possess the land over which the said Railway is to pass, and such adjoining lands as may be required; which Railway is to run from the Upper Milltown, on the Magagua- davic River, to the Town of Saint George, and thence to L'Etang Harbour ; the said Railway to be made and con- structed on such route as the Directors of the said Compwiny, in the exercise of their best judgment and discretion, shall deem mosl favourable and best calculated to promote the public; convenience; provided always, that a map or plan of the route determined upon shall be deposited in the Office of the Secretary of the Province. 4. The said Company shall and may (if they deem it expedient) make Branch Railways to every or any part of the County of Charlotte, and for that purpose shall exercise and possess all the powers, privileges, and authorities necessary for the management of the same, in as full and ample a manner as they are hereby authorized to do with respect to the said Railway. 5. It shall be lawful for the Directors of the said CJompany, until the said Railway shall be completed and open to the public, to pay interest at any rate not exceeding six pounds per centum per annum, on all sums called up in respect of the shares, from the respective days on which the same shall be paid ; such interest to accrue and be paid at su6h times and places as the said Directors shall appoint for that purpose ; 15 V c 76] RAILWAYS. 757 provided always, that no interest shall accrOe to the proprietor of any share upon which any call shall be in arrear in respect of such shares, or any other shares to be holden by the same proprietor, or during the period while such call shall remain unpaid. 6. The certificate of the proprietorship of any share in the siaid Company, shall be admitted in all Courts as prima facie evidence of the title of any shareholder, his ejEccutors, adminis- trators, successors, or assigns, to the share therein specified ; nevertheless, the want of such certificate shall not prevent the holder of any share from disposing thereof. 7. No shareholder shall be entitled to transfer any share after any call shall have been made in respect thereof, until he or she shall have paid all calls, for the time being, due on every share held by him or her. 8. The said Cpmpaiiy shall not be bound to see to the execution of any trust, whether express, implied, or construc- tive, to which any of the said shares may be subject ; and the receipt of the party in whose name any such share shall stand in the bqoks of the said Company, or if it stands in the name of more parties than one, the receipt of one of the parties named in the register of shareholders, shall from time to time be a sufficient discharge to the said Company for any dividend or other sum of money payable in respect of such share, not- withstanding any trust to which such share may then be subject, and whether or not the said Company have had notice of such trusts ; and the said Company shall not be bound to see to the application of the money paid upon such repeipt. 9. The several persons who have or shall hereafter subscribe any money towards the said undertaking, or their legal repre- sentatives respectively, shall pay the sums respectively so subscribed, or such portions thereof as shall from time to time be called for by the Directors of the said Company, at such times and places as shall be appointed by the said Directors ; and Vf\x\i respect to the provisions in this Act contained for enforcing the payment of calls, the word " shareholder" shall extend to. and include the personal representative of such shareholder. 10. It shall be lawful fqr the Directors of the said Company from time to time to make such calls of pipney upon the 758 RAILWAYS. [15 "V c 76 respective shareholders, in respect of the amount of capital respectively subscribed or owing by themselves, as they shall deem necessary ; provided that tveenty days notice at the least be given of each call as aforesaid, and no call exceed the prescribed amount aforesaid, and successive calls be not made at less than the prescribed interval aforesaid ; and every shareholder shall be liable to pay the amount pf the call so made in respect of the shares held by him to the persons and at the times and places from time to time appointed by the said Company or the Directors thereof. 11. If before or on the day appointed for payment, any shareholder do not pay the amount of any call to which he is liable, then such shareholder shall be liable to pay interest for the same at the rate allowed by law, from the day appointed for the payment thereof to the time of the actual payment. 12. It shall be lawful for the said Company (if they think fit) to receive from any of the shareholders willing to advance the same, all or any part of the moneys due upon their respec- tive shares beyond the sums actually called for ; and upon the . principal moneys so paid in advance, or so much thereof as shall from time to time exceed the amount of the calls then made upon the shares in respect of which such advance shall be made, the Company may pay interest at such rate, not exceeding the legal rate of interest for the time being, as the shareholder paying such sum in advance and the said Company may agree upon. 13. If at the time appointed by the said Company, or the Directors thereof, for the payment of any call, any shareholder fail to pay the amount of such call, it shall be lawful for the said Company to sue such shareholder for the amount thereof in any Court of law or equity having competent jurisdiction, and to recover the same with lawful interest from the day on which such call was payable. 14. In any action or suit to be brought by the said Company against any shareholder, to recover any money due for any call, it shall not be necessary to set forth the special matter, but it shall hb sufficient for the said Company to declare that the defendant is the holder of one share or more in the said Company, (stating the number of shares) and is indebted to the said Company in the sum of money to which the calls in 15 V c 76] RAILWAYS. 759 arrear shall amount, in respect of one call or more upon one share or more, (stating the number and amount of each of such calls) whereby an action hath accrued to the said Company by virtue of this Act. 15. On the trial or hearing of such action or suit, it shall be sufficient to prove that the defendant, at the time of making such call, was the holder of one share or more in the said undertaking, and that such call was in fact made, and such notice thereof given as is directed by this Act ; and it shall not be necessary to prove the appointment of the Directors who made such call, nor any other matter whatsoever, and there- upon the said Company shall be entitled to recover what shall be due upon such call, and interest thereon, unless it shall appear either that any such call exceeds the prescribed amount aforesaid, or that due notice of such call was not given, or that the prescribed interval between two successive calls had not elapsed as aforesaid. 16. The production of the register of shareholders shall be prima facie evidence of such defendant being a shareholder, and of the number and amount of his shares. 17. If any shareholder fail to pay any call payable by him, together with the interest (if any) that shall have accrued thereon, the Directors of the said Company, at any time after the expiration of two months from the day appointed for payment of such call, may declare the share in respect of which such call was payable, forfeited, and that whether the said Company have sued for the amount of such call or not. 18. Before declaring any share forfeited, the Directors of the said Company shall cause notice of such intention to be left or transmitted by post to the usual or last place of abode of the person appearing by the register of shareholders to be the proprietor of such share, and if the holder of any such share be beyond the limits of this Province, or if his usual or last place of abode be not known to the said Directors, by reason of its being imperfectly described in the shareholders' address book, or otherwise, or if the interest in any share shall be known by the said Directors to have become transmitted otherwise than by transfer, and so the address of the parties to whom the said share or shares may for the time being belong, shall not be known to the said Directors, the said 760 RAILWAYS. [15 V c 76 Directors shall gifrc public notice of such intention in one of more of the weekly Newspapers published in the said County of Charlotte ; and the several notices aforesaid shall be given thirty days at least before the said Directors shall make such declaration of forfeiture. 19. The said declaration of forfeiture shall not take effect so as to authorize the sale or other disposition of any share, until such declaration shall have been confirmed at the next general meeting of the said Company to be held after such notice of intention to make such declaration of forfeiture shall have been given, and it shall be lawful for the said Company to confirm such forfeiture at any such meeting, or at any sub- sequent general meeting to direct the share or shares so for- feited to be sold or otherwise disposed of. 20. After such confirmation as aforesaid it shall be lawful for the said Directors to sell the forfeited share by public auction, and if there be more than one forfeited share, then either separately or together, as to them shall seem fit, and any share- holder may purchase any forfeited share so sold as aforesaid. 21. An affidavit by some credible person not interested in the matter, sworn before any Justice or before any Commis- sioner for taking affidavitsinthe Supreme Court, that the call iit respect of a share was made, and notice thereof given, and that default in payment of the call was made, and that the forfeiture of the share was declared and confirmed in manner h^reinbdbre required, shall be sufficient evidence of the facts) therein stated; and such afiJdavit, and the receipt of the Treasurer of the said Company for the price of such shares shall constitute a good title to such share ; and a certificate of proprietorship shall be delivered to such purchaser, and thereupon he shall be deemed the holder of such share, discharged from all calls due prior to such purchase, and he shall not be bound to see to the applica- tion of the puirchase money, nor shall his title to such share be affected hj any irregularity in the proceedings in reference to such sale. 22. The said Company shall not sell or transfer more of the shares of any such defaulter than will be> sufficient, as nearly as can be ascertained at the time of such salej) to pay the arrears then due from such defaulter on account of any calls, together with interest and the expenses attending such sale 15 V C 76} RAILWAYS. 761 and declaration of forfeiture ; and if the money produced by the sale of any such forfeited share be more than sufficient to pay all arrears of calls, and interest thereon due at the timf''oni entering upon thg Railway ; provided always, that it shall be lawilil (in case it shall be more conducive for the public safety) for the said Company, at their 15 V i 14] RAaWAts. 765 own expense, to carry such turnpike or other road over or under such Railway, by means of a bridge or archway, in lieu ©f crossing the same on the lepel. 29. The immediate government and management of the affairs of the said Company shall be vested in seven Directors, who shall be proprietors of at least ten shares each, and who shall be chosen by the shareholders of the said Company in the manner hereinafter provided, and shall hold their offices until others shall have been duly elected and qualified to take their places ; not less than five Directors shall constitute a board for the transaction of business, of which the President shall always be one, except in case of sickness or necessary absence, in which case the Directors present may choose one of their number as Chairman in his stead ; the President shall vote at the board as a Director, and in case of there being an equal number of voles for and against any question before them, the President shall have the casting vote. 30. Every shareholder shall be entitled to one vote for each share so held by him, and all shareholders may vote by proxy if they shall see fit, provided such proxy be a shareholder, and do produce from his constituent, whom he shall represent, or for whom he shall vote, an appbintment in the form set forth in the Schedule D to this Act annexed, or to the like effect; and whatever question of election of public officers, or other matters or things, shall be proposed, discussed, or considered in any public meeting of the said Company, under the authority of this Act, shall be determined and decided by the majority of votes and proxies then and there present ; provided always, that the same person shall not vote as proxy for any number of persons who together shall he proprietors of more than one hundred shares. 31. Whenever five thousand pounds of the said capital stock shall have been subscribed, the first general meeting of the shareholders shall take place at Saint George, to be called % notice in one of the weekly Papers printed in the County of Charlotte, twenty eight days previous to such meeting, in order to organize the said Company, and to choose the Directors thereof, who shall continue in office until re-elected or others chosen or appointed in their stead at any meeting to be held under the authority of this Act ; the shareholders present or 766 RAILWAYS. [15Vc76 appearing by proxy shall choose the Directors of the said Company by a majority of votes, and the Directors so chosen shall choose out of their number one who shall be President of the said Company ; and in case of the death, resignation, removal, disqualification by sale Of stock, or incompetency of any Director, the remaining Directors, if they think proper so to do, may elect in his place some other shareholder duly qualified to be a Director, and the shareholder so elected to fill up any such vacancy shall continue in oifice as a Director so long only as the person in whose place he shall have been elected would have beien entitled to continue if he had remained in office. 32. The said Directors shall have the power of nominating and appointing all and every the officers and engineers, and other persons connected with the said Railway, at such salaries or rates of remuneration as to the said Directors shall seem proper, subject to the bye laws, rules, and regulations of the said Company ; and the shareholders shall have the power from time to time to alter and amend, or to make such new rules, bye laws, and regulations for the good government of the said Company, and of the said Railway, and of the works and'property hereinbefore mentioned, and for the well governing of the engineers, workmen, and other persons employed by the said Company, as to the major part of the said shareholders shall seem meet ; which said rules, bye laws, and regulations, being put into wrriting under the common seal of the said Com- pany, shall be published in one of the weekly Papers printed in the County of Charlotte, shall be binding upon and observed by all parties, and shall be sufficient in any Court of law to justify all pfcrsOns who shall act under the same. 33. The said shareholders shall meet annually at the Town of Saint George on the first Tuesday in June in each year, at which meeting the shareholders present personally or by proxy, may either continue in office the Directors before appointed, or any number of them, or may elect a new body of Directors to supply the places of those not continued in office ; provided always, that the omission to meet shall work no forfeiture, but the shareholders may be afterwards called together for that purpbse by the Directors of the said Company for the time being. 15 V c 76] RAILWAYS. 767 34. It shall be lawful for any number of shareholders holding in the aggregate five hundred shares, by writing under their hands, at any time to require the said Directors to call an extraordinary meeting of the said Company, and such requi- sition shall fully express the object of the meeting required to be called, and shall be left at the office of the said Company, or given to at least three Directors, or left at their last or usual place of abode, and forthwith upon the receipt of such requi- sition, the said Directors shall convene a meeting of the share- holders ; and if for thirty days after such notice the Directors fail to call such meeting, the shareholders aforesaid, qualified as aforesaid, may call such meeting by giving thirty days public notice thereof in one of the weekly Newspapers published in the County of Charlotte hereinbefore in this Act mentioned. 35. Thirty days public notice at the least, of all meetings, whether general or extraordinary, shall be given by advertise- ment in one of the weekly Newspapers published in the County of Charlotte hereinbefore in this Act mentioned, which shall specify the place, the day, and the hour of meeting, and every notice of an extraordinary meeting shall specify the purpose for which the meeting is called. 36. A toll is hereby granted for the^ole benefit of the said Company, on all passengers and property of all descriptions which may be conveyed or transported upon such Railway, or any of its branches connected therewith as aforesaid, at such rates per mile as may be established from time to time by the Directors of the said Company; the transportation of persons and property, the construction of cars and carriages,, the weight of loads, and all other matters and things in relation to the use of the said Railway eind its branches, shall be in conformity to such rales, regulations, and provisions as the said Directors shall from time to time prescribe and direct, and speh Railway and its branches may be used by any person or persons who may comply with such rules and regulations ; jtrovided always, that if after the completing the said Railway, the rates, tolls, or dues that may be established by the said Company under and by virtue of this Act shall be found excessive, it shall and may be lawful for the Legislature to reduce the said rates, tolls, or dues, so as that the same shall not produce to the said Company a greater rate of clear annual profits, divisible upon 768 RAILWAYS. [15 V c 76 the subscribed and paid up capital strack of the said Company, than fifteen pounds annuaHy for every hundred pounds of such capital ; and in order that the true state of the said Company shall be known, it shall be the duty of the President and Directors thereof to file in the Office of the Secretary of the Province, for the information of the Legislature, at the expi- ration of seven years after the said Railway shall have been completed as aforesaid, a just and true statement and account of the motleys by them disbursed and laid out in making and completing the said Railway in manner aforesaid, and also of the amount of tolls and revenues of the said Railway, and of the annual expenditure and disbursements in maintaining and keeping up the same during the said seven years, the said several accounts and statements to be signed by the President and Treasurer of the said Company, and by such President and Treasurer attested to on oath beforie any one of Her Majesty's Justices of the Peace for any County in this Pro- vince ; and provided also, that it shall be the duty of the said President and Directors of the said Company, once in each and every year after the expiration of the said seven years, to file in the said Office of the Secretary of the Province, for the information of the Legislature, a like statement and account verified on oath by the President and Treasurer as aforesaid. 37. Whatever may be the rate of divisible profits on the said Railway, it shall be lawful for Her Majesty's Government, (if it shall think fit) subject to the provisions hereinafter contained, at any time after the expiration of the term of twenty one years, to purchase the said Railway, with all its hereditamentB, stock, and appurtenances, in the name and on behalf of Her Majesty, upon giving to the said Company three calendar months notice in writing of such intention, and upon payment of a sum equal to twenty five years purchase of the annual divisible profiits, estimated on the average of the then next preceding years ; provided that if the average rate of profits for the said seven years shall be less than the rate of fifteen pounds in the hundred, it shall be lawful for the Com- pany, if they siiould be of opinion that the said rate of twenty five years purchase of the said average profits is an inadequate rate of purchase of such Railway, reference being had to the prospects thereof, to require that it shall be left to arbitration, 15 V c 76] RAILWAYS. 769 in case of difference, to determine what (if any) additional amount of purchase money shall be paid to the said Company ; provided also, that such option of purchase shall not be exer- cised except with the consent of the Company while any such revised scale of tolls, fares, and charges shall be in force. 38. It shall be lawful for the Postmaster General or his Chief Deputy in this Province, by notice in writing under his hand or under the hand of his deputy as aforesaid, delivered to the said Company, to require that the Mails or Post Letter Bags shall from and after the day to be named in such notice, (being not less than twenty eight days from the delivery thereof) be conveyed and forwarded by the said Company on their Railway, either by the ordinary trains of carriages, or by special trains as need may be, at such hours or times in the day or night, as the Postmaster General or his said deputy shall direct, together with the guards appointed and employed by the Postmaster General or his said deputy in charge thereof, and any other officers of the Post Office ; and thereupon the said Company shall from and after the day to be named in such notice, at their own costs, provide sufficient carriages and engines on the said Railway for the conveyance of such Mails and Post Letter Bags,' to the satisfaction of the Postmaster General or his said deputy, and receive and take up, carry, and convey, by ordinary or special trains of carriages, or otherwise, as need may be, all such Mails or Post Letter Bags as shall for that purpose be tendered to them or any of their officers, servants, or agents, by any officer of the Post Office, and also receive, take up, carry, and convey in and upon the carriage or carriages carrying such Mail or Post Letter Bags, the guards in charge thereof, and any other officer of the Post Office, and shall receive, take up, deliver, and leave such Mails or Post Letter Bags, guards, and officers, at such places in the line of such Railway, on such days and such hours or times in the day or night, and subject to all such reasonable regu- lations and restrictions as to speed of travelling, places, times and duration of stoppages, and times of arrival, as the Post- master General or his said deputy shall in that behalf from time to time order or direct ; provided always, that the rate of speed required shall in no case exceed the maximum rate of speed prescribed by the Directors of the said Company for the 49 770 RAILWAYS. [15 V c 76 conveyance of passengers by their first class train^ nor shall the Company be responsible for the safe custody or delivery of any Mail Bags so sent. 39. The said Company shall be entitled to such reasonable remuneration, to be paid by the Postmaster General or his deputy, for the conveyance of such Mails, Post Letter Bags, Mail guards, and other officers of the Post Office, in manner required by such Postmaster General, his deputy, or by such other officer of the Post Office as he shall in that behalf nominate as aforesaid, as shall (either prior to or after the commencement of such service) be fixed and agreed on be- tween the Postmaster General or his deputy and the said Company, or in case of difference of opinion between them, the same shall be referred to the award of two persons, one to be named by the Postmaster General or his deputy, and the other by the said Company, and if such two persons cannot agree on the amount of such remuneration or compensation, then to the umpirage of some third person, to be appointed by such two first named persons previously to their entering upon the inquiry, and the said award or umpirage, as the case may be, shall be binding and conclusive on the said parties and their respective successors and assigns. 40. In all references to be made under the authority of this Act, the Postmaster General, his deputy, or the said Company, as the case may be, shall nominate his or their arbitrators within fourteen days after notice from the other party, or in default, it shall be lawful for the arbitrator appointed by the party giving notice to name the other arbitrator, and such arbitrators shall proceed forthwith in the reference and make their award therein within twenty eight days after their appointment, or otherwise the matter shall be left to be deter- mined by the umpire, and if such umpire shall refuse or neglect to proceed and make his award for the space of twenty eight days after the matter shall have been referred to him, then a new umpire shall be appointed by the two first named arbitra- tors, who shall in like manner proceed and make his award within twenty eight days, or in default be superseded^ and so toties quo ties. 41. The Directors of the said Company shall be bound to provide such conveyance for the Officers and Soldiers of Her 15 V C 76] RAILWAYS. 771 Majesty's Forces of the Line, Ordnance Corps, Marines, Militia, or Police Forces, at such time or times (whether the same shall be the usual hours of starting trains or not) as shall be required or appointed by any officer duly authorized for that purpose, and with the whole resources of the Company. 42. The Directors of the said Company shall be and they are hereby authorized from time to time to alter or vary the tolls to be taken upon the said Railway or its branches as they shall think fit, provided that all such tolls be at all times charged equally to all persons, and after the same rate, whether per ton, per mile, or otherwise, in respect of all passengers, and of all goods, chattels, or carriages of the same description, and conveyed or propelled by a like carriage or engine passing only over the same proportion of the line of Railway under the same circumstances, and no reduction or advance in any such toll shall be made, either directly or indirectly, in favour of or against any particular company .or persons travelling upon or using the Railway. 43. The said Company, on being required so to do by Her Majesty's Government, shall be bound to allow any person or persons duly authorized by Her Majesty's Government, with servants and workmen, at all reasonable times to enter into or upon the lands of the said Company, and to establish and lay down upon such lands adjoining the line of the said Railway, or any of its branches, a line of Electrical Telegraph for Her Majesty's service, and to give to him and them every reason- able facility for laying down the same, for the purpose of receiving and sending messages on Her Majesty's service, subject to such reasonable remuneration to the Company as may be agreed upon between the Company and Her Majesty's Government ; provided always, that subject to a prior right of use thereof for the purposes of Her Majesty, such Telegraph may be used by the Company for the purposes of the Railway, upon such terms as may be agreed upon between the parties, or in the event of differences, as may be settled by arbitration. 44. The Directors of the said Company shall make yearly dividends of tolls, income, and profits arising to the said Com- pany, first deducting thereout the annual costs, charges, and expenses of the said Company, as well of the repairs of the works belonging to them as for the salaries and allowances of 772 RAILWAYS. [15 V c 76 the several officers and servants, and for such other purposes connected with the said Company as may be deemed proper by the said Directors, consistent with the bye laws, rules, and regulations of the said Company. 45. If any money be payable from the said Company to any shareholder or other person being a minor, idiot, or lunatic, the receipt of the guardian of such minor, or the receipt of the committee of such lunatic shall be a sufficient discharge to the said Company for the same. 46. Before apportioning the profits to be divided among the shareholders the said Directors niay, if tiiey think fit, set aside thereout such sum as they may think proper to meet contin- gencies, or for enlarging, repairing, and improving the works connected with the said Railway, or its branches, or any part of the said undertaking, and may divide the balance only among the shareholders. 47. No dividend shall be paid in respect of any share until all calls then due in respect of that and every other share held by the person to whom such dividend may be payable shall have been paid. 48. The joint stock and property of the said Company shall alone be responsible for the debts and engagements of the said Company ; and no person or persons who shall or may have dealings with the said Company shall on any pretence whatsoever have recourse against the separate property of any of the individual shareholders of the said'Company, or against their person or persons, further than may be necessary for the faithful stpplication of the funds of the said Company; provided also, that no shareholder of the said Company shall be liable for or charged with the payment of any debt or demand due from the said Company beyond the extent of his share in the capital of the said Company not then paid out. 49. The Legislature of this Province shall at all times here- after have the right to inquire into the doings of the said Corporation, and into the manner in which the privileges and franchises herein and hereby granted may have been used and employed by the said Corporation, and to correct and prevent all abuses of the same, and to pass any laws imposing fines and penalties upon said Corporation which may be necessary more effectually to compel a compliance with the provisions, 15 V c 76] RAILWAYS, 773 liabilities, and duties herein set forth and enjoined, but not to impose any other or further duties, liabilities, or obligations. 50. The said Company shall annually submit to the Legis- lature within the first fifteen days after the opening of each Session, a detailed and particular account, attested upon oath of the Treasurer and two Directors, of the moneys received and expended by the Company under and by virtue of this Act, with a statement of the amount of tonnage and of passen- gers that have been conveyed along the said road. 51. The Lieutenant Governor in Council may order and direct the said Company, and thereupon it shall be their duty to make up and deliver to the Provincial Secretary, returns according to a form to be from time to time prescribed by the Lieutenant Governor in Council, of the aggregate trafiic in passengers according to their several classes, and of the aggregate traffic in cattle and goods respectively on the said Railway, as well as of all accidents which have occurred thereon attended with personal "injury, and also a table of all tolls, rates, and charges from time to time levied on each class of passengers, and on cattle and goods conveyed on the said Railway. 52. No suit or action at law or equity shall be brought or prosecuted by any person or persons for any act, matter, or thing done under the authority of this Act, unless such suit or action shall be commenced within six months next after the offence shall have been committed, or cause of action accrued, and the defendant or defendants in such suit or action may plead the general issue, and give this Act and the special matter in evidence under the said plea, and that the same was done in pursuance and by the authority of this Act. 53. If any person or persons shall wilfully and maliciously and to the prejudice of the undertaking, break, injure, or destroy any of the works to be made by virtue of this Act, every such person or persons shall be judged guilty of felony, and every person so offending, and being thereof lawfully con- victed, shall be liable to the punishment prescribed for felony in an Act made and passed in the first year of the Reign of His late Majesty King William the Fourth, intituled An^Qt for improving the administration of Justice in Criminal Cases. 54. The said Company, to entitle thengiselves to the privi- 774 RAILWAYS. [15 V c 76 leges, benefits, and advantages to them granted by this Act, shall and they are hereby required to make and complete the said Railway within five years from the passing of this Act, and if the same shall not be so made and completed within the period before mentioned, so as to be used for the conveyance and carriage of passengers, goods, chattels, wares, and mer- chandise thereon, then this Act and every matter and thing therein contained shall cease and be utterly null and void. SCHEDULE A. Form of Certificate of Share. The Magagtiadavic Railway Company. Number This is to certify that A. B., of is the proprietor of the Share {or shares) Number of the Magaguadavic Railway Company, subject to the regulations of the said Company. Given under the Common Seal of the said Company, the day of in the year of our Lord one thousand eight hun- dred and SCHEDULE B. Form op Warrant to summon Jury. To the Sheriff, Deputy Sheriff, or any Constable of the County of You are hereby commanded to summon a Jury of five dis- interested freeholders of your County, of no way akin to the party aggrieved, to appear at in the said County, on the day of at of the clock, in the noon, and then and there to assess the damages (if any) which A. B. alleges he has sustained by reason of the works and operations of the Magaguadavic Railway Company through and upon his land. — Given under our hands and seals, the day of in the year of our Lord one thousand eight hundred and SCHEDULE C. Scale of Fees in proceedings before Justices upon assessing damages under the foregoing Act. Warrant to summon Jury, - - - - £0 2 6 For every Subpoena, - - - - -006 For every copy thereof, - - - - -003 17 V c 53] RAILWAYS. 775 Every adjournment made at the instance of either party, Trial and judgment, ------ Swearing each Witness and Constable, Swearing Jury, ------ Execution or Distress Warrant, - - - - To the Sheriff or Constable. Summoning Jury, --.--'. Attendance on Inquiry, . . . . - For all other services, same as fixed by law in civil cases before Justices of the Peace. To Witnesses. Attendance and travel, same as in civil cases before Justices of the Peace. To Jurors. Each Juror sworn on Inquiry, - - - - £0 1 2 6 3 1 1 6 5 1 2 6 SCHEDULE D. Form of Proxy. I, A. B., of do hereby nominate, constitute, and appoint C. D. of to be my proxy, in my name and in my absence to vote, or give any assent to or dissent from any business, matter, or thing relative to theMagaguadavic Railway Company, in such manner as he the said C. D. shall think proper and for the benefit of the said Company. In witness whereof, I, the said A. B. have hereunto set my hand (or if a Corporation, say the Common Seal of the Cor- poration) the day of A. D. one thousand eight hundred and A. B. 17th Victoria — Chapter 53. An Act to revive and amend the Act to incorporate the Grand Falls Railway Company. Section. Section, 1. Extent of former Act; ' 6. dualification of Directors. 2. Extension of time for completing Rail- 7. Shares, when forfeited, and proceedings. - way. 8. Meetings, how called. 3. Sections repealed. 9. Capital stock, how increased. 4. Annual meeting, when and where held. 10. Steam power, how to be employed. . S. Directors and President, how and when 11. Rights of persons saved. chosen. 776 RAILWAYS. [17Vc53 Passed \st May 1854. Be it enacted, &fc. — 1. The Act to incorporate the Grand Falls Railway Company, made and passed in the thirteenth year of Her present Majesty's Reign, intituled An Act to incorporate the Grand Falls Railway Company, is hereby declared to be revived and in full force and effect, except such parts thereof as are hereinafter repealed or altered, although the Railway therein mentioned has not yet been fully completed ; and all acts, matters, and things heretofore done or effected by the shareholders or Directors of the said Company, are hereby declared valid and effectual ; and all property acquired or possessed by the said Company shall be held and enjoyed by them as fully as if the said Railway had been made and completed and opened for traffic. 2. The time for completing the said Railway is hereby extended to the first day of January in the year of our Lord one thousand eight hundred and fifty seven, and if such Rail- way is not then completed and opened for traffic, the said Act of Incorporation and this Act shall cease and become utterly null and void. 3. The fourteenth, fifteenth, sixteenth, seventeenth, eight- eenth, nineteenth, twentieth, twenty fourth, twenty ninth, and thirtieth Sections of the said Act of Incorporation are hereby repealed. 4. The annual meeting of shareholders instead of being held on the first Tuesday in January at Woodstock, may be held on any day of the year in any part of the Province, and the day and place of such annual meeting shall be regulated by bye law of the Company. 5. At such annual meeting the shareholders shall choose seven Directors, and such other officers as may be necessary for the management of the affairs of the Company ; the Direc- tors so chosen shall remain in office one year or until others are chosen in their stead, and at the first meeting after their election, shall choose one of their number President of the Com- pany ; provided always, that not less than four Directors shall form a quorum for the transaction of business, and in case of the absence of the President, the Directors shall have power to appoint a Chairman for the occasion. 6. No shareholder shall be eligible as a Directer unless he 17 V c 53] RAILWAYS, 777 holds at least ten shares of the capital stock of the Company, and is of the full age of twenty one years. 7. If a shareholder shall fail to pay the amount of any call upon his shares at the time appointed, with interest, if any, the Directors may thereafter, if they see fit, advertise all such shares to be sold at public auction, giving at least thirty days notice of the time and place of sale ; and all shares upon which any call is not then paid, with interest from the time the same became due, shall be sold to the highest bidder, and after retaining the amount of call and interest, and the expense of advertising and sale, the residue, if any, shall be paid over to the former owner, and a new certificate of the shares so sold shall be made out and delivered to the purchaser. 8. All meetings of the Company shall be called by public notice being given of the time and place of meeting, in the Royal Gazette and in one Newspaper published in the City of Saint John, at least fourteen days before the time of such meeting ; and special meetings may be called by the Secretary under the authority of the Directors, or by shareholders repre- senting not less than two hundred and fifty shares of stock, on giving the like notice, provided that in all cases the notice of a special meeting shall specify the object of such meeting. 9. The said Company shall have power from time to time, to increase its capital stock by the issue of shares at twenty pounds each, to an extent not exceeding ten thousand pounds ; and such new shares when issued shall be apportioned among the shareholders of the Company, in proportion to their re- spective interests in the same, or disposed of at public auction, as may be deemed most expedient. 10. The said Company may employ its stationary steam power, when not required for the purposes of the Railway, in sawing lumber, and may also engage in other manufacturing pursuits. 11. Nothing in this Act contained shall be construed to affect any rights, property, or interest acquired by or accrued to any person or persons since the expiration of the period to which the said Act was limited, but all person or persons shall, not- withstanding the passing of this Act, be vested and clothed with all the rights and powers to which they would have been entitled if this Act had not been passed. 778 TELEGRAPH COMPANIES. [11 V C 55 TfliKOlSAPII COlMIPAlilKS. 11th Victoria — Chapter 55. Aa Act to incorporate the New Brunswick Electric Tele- graph Company. Section. ' ■ Section. 1. Incorporation of Company. 8. What amount of stock to be 6ubacrit(pd 2. Capital. at first. 3. What line may complete. 9. When meeting to be called for choosing 4. Public roads, Sec. on what may enter, &c. Directors, &c. 5. Private property, on what may enter, &c. 10. Debts, what responsible for. 6. Tolls, &c. to be taken by the Company. 11. Penalty for obstructing Telegraph. 7. Repealed. 12. Damage to property, howpamshed. ' Passed 30ih March 1848. Whereas the speedy transtnission of information by means of the Electric Telegraph has become a matter of great importance, and it is highly desirable that lines of communica- tion by such Telegraph should be established in this Province, and that the same should be connected with other lines in Nova Scotia, Canada, and the United States : And whereas certain persons are desirous of being incorporated for the pur- pose of establishing such communication; — Be it therefore enactedr&fc. — 1. Thomas Leavitt, Charles Ward, William M'Lauchlan, John Duncan, Robert Jardine, John V. Thurgar, Israel D. Andrews, Francis O. J. Smith, Nathan Cummings, and Amos Kendall, their associates, suc- cessors, and assigns, shall be and they are hereby erected into a body politic and corporate, by the name of " The New Brunswick Electric Telegraph Company," and by that name shall have all the general powers and privileges made incident to a Corporation by Act of Assembly in this Province, for the purpose of constructing, maintaining, and working lines of communication, by means of the Electric Telegraph, within the Province of New Brunswick, as hereinafter more particularly set forth. 2. The capital stock of the said Corporation shall not be more than the sum of twenty five thousand pounds, and shall be divided into two thousand five hundred shares often pounds each, to be paid in at such times and in such instalments as the business of the said Company shall require ; provided always, that the money so to be raised as aforesaid, is hereby directed and required to be laid out for and towards the making, com- 11 V C 55] TELEGRAPH COMPANIES. 779 pleting, and maintaining the said Electric Telegraph, and other purposes therewith connected, and to no other use or purpose whatsoever. 3. It shall be lawful for the said Company, and they are hereby authorized and empowered by themselves, their deputies, agents, officers, and workmen, to make and complete a single or double line of Electric Telegraph, communicating from the boundary line between this Province and Nova Scotia, by way of Sackville, Dorchester, Moncton, Sussex Vale, and Hampton, to the City of Saint John, and thence to Saint Andrews and Saint Stephen, in the County of Charlotte ; and also with power to extend branches from such main line of communication, by Electrical Telegraph, from the City of Saint John to Fredericton, in the County of York, and thence to Woodstock, the Grand Falls, and the Canadian boundary in that direction ; and from Fredericton to Miramichi ; with such other branch lines within this Province as the increase of busi- ness, the establishment of Rail Roads, or the settlement of the country may render necessary or expedient; and for the pur- poses of the said main line and the several and respective branches thereof, to make such erections as may be necessary, and -to purchase and acquire such machinery and contrivances, and real or movable property, as may be necessary for the making, maintaining, and working the said Electrical Tele- graphic communication, and may use, hold, and possess the land over which the said Electrical Telegraph is to pass, in the manner and under the provisions hereinafter set forth. 4. It shall and may be lawful for the said Company, their deputies, agents, servants, and workmen, to enter upon the side or sides of all or any of the public roads, bridges, streets, or highways in this Province, and on the same to set up, erect, and construct such and so many posts or other works or devices, as they in their discretion may deem necessary for making, completing, supporting, using, and maintaining the said Electric Telegraph ; and from time to time, as often as the said Company, their deputies, agents, officers, or workmen shall think proper, to break up and open any part whatsoever of the said road, streets, or highways, not interfering with that part of the same appropriated for the use of carriages, wagons, or horses, and to keep the same open during the time neces- 780 TELEGRAPH COMPANIES. [11 V C 55 sary for the setting up, erecting, and constructing of such posts, works, or devices; provided always, that nothing herein con- tained shall extend or be construed to extend to permit the setting up, erecting, or constructing of. any post, work, or device which may in any way obstruct any of the said public roads, streets, bridges, or highways ; and provided also, that the said Company, their deputies, agents, officers, and workmen, shall and do at their own proper costs and charges, and without unnecessary delay, repair and amend the said public roads, streets, and highways, in any part where they shall be so broken up and opened as aforesaid, to the like condition in which they were before breaking up the same. 5. If it shall at any time be deemed necessary by the said Company, their agents, or servants, to carry any part of the said main line of Electrical Telegraph communication, or any of the branches thereof, through or over any estates, lands, or grounds, being private property, it shall be lawful for the said Company, by their agents or servants, to enter into and upon the lands of any person, bodies politic or corporate, as they shall think necessary for making, completing, maintaining, or repairing the said line of Electric Telegraph, or any of its branches, and on such lands to set up, construct, or build such posts, buildings, or other erections as may be necessary for such line or the branches thereof, and do all other matters and things which they the said Company shall think convenient and necessary for the making, extending, improving, com- pleting, . and easy using of the said Electric Telegraph or any of its branches, or any of the works therewith connected j they, the said Company, doing as little damage as may be in the execution of the several powers to them hereby granted, and agreeing with the owner or owners, occupier or occupiers of such private property, as to the amount of compensation to be paid to such owners or occupiers respectively ; and in case of disagreement as to the amount of damages or compensation to be paid by the said .Company, then the amount of such damages or compensation shall be ascertained and determined by three arbitrators, one to be chosen by the said Corporation, their, agents or servants, and one by the owner or owners, occupier or occupiers of the private or corporate property in question ; which two arbitrators so chosen, shall choose a third 11 V C 55] TELEGRAPH COMPANIES. 781 arbitrator; and in case the two first mentioned arbitrators shall not agree in the choice of a third arbitrator, then and in such case it shall and may be lawful for the Lieutenant Go- vernor or Administrator of the Government for the time being, upon application of the said Corporation, to appoint the third arbitrator ; and the award of the said arbitrators, or any two of them, shall be final and conclusive in the matters referred to them ; and in case any of the said owners or occupiers of such corporate or private property shall decline making any such agreement, or appointing such arbitrators, then and in every such case the said Corporation shall make application to the Supreme Court of this Province, or to any one of the Judges thereof, stating the grounds of such application ; and such Court or Judge is hereby empowered and required from time to time, upon such application, to issue a writ or warrant directed to the Sherifi^of 4he County in which such lands lie, or in case of his being a party interested, then to any Coroner of such County, and in case of the said Sherifli^and of the said Coroner being both interested, then to some person or persons who may be disinterested, commanding such Sheriff, Coroner, person or persons disinterested, as the case may be, to summon and empannel a Jury of twelve freeholders within the said County, who may be altogether disinterested ; which Jury upon their oath, (which oath, as well as the oaths to be taken by any person or persons who shall be called upon to give evidence in the matter, the Sheriff, Coroner, or person or persons summoning such Jury, is and are hereby empowered to administer,) shall inquire, ascertain, and assess the distinct sum or sums of money or annual rent to be paid as the amount of compensation and satisfaction for the damages that may and shall be sustained by such owner or owners, occupier or occu- piers of such corporate or private property as aforesaid ; and the inquisition, award, or verdict of such Jury, shall be returned and filed in the office of the Clerk of the Pleas in the said Supreme Court, and shall be final and conclusive between the parties ; which amount so assessed as aforesaid, and the costs and expenses of such proceedings, when taxed and allowed by the said Supreme Court, or one of the Judges thereof, shall be borne by the said Corporation, and shall be by them paid within thirty days after the said inquisition, award, or verdict shall be filed as aforesaid. 782 TELEGHIAPH COMPANIES. [11 V C 55 6. So soon as the said main line of communication by the said Electric Telegraph, or any part thereof, or any of its branches, shall be completed and opened, it shall be lawful for the said Corporation, at all times thereafter, to ask, demand, take, sue for, and recover, to and for their own proper use and behoof, such rates, tolls, or dues, for the transmission and writing out of any and every message or communication of any kind soever, transmitted and conveyed at the cost and charge of the said Company, by or upon the said Electric Telegraph, and such sum or sums of money as the said Company may think just and reasonable. 7. Repealed by 12 V. c. 63, s. 1. 8. It shall be lawful for the persons first named in this Act, immediately after the passing thereof, to open a book for the subscription of shares in the said Company, and no person shall be entitled to subscribe for more than twenty shares until thirty days shall have elapsed from the day on which such sub' scription book shall have been opened, nor until after ten days public notice given by advertisement in at least two of the Newspapers published in the City of Saint John ; and if, at the end often days after such public notice so given, the whole number of shares in the said Company shall not be taken up or subscribed, then any person may subscribe for the residue of such shares, including the previous holders of shares, as well as others. 9. When one fourth of all the shares in the said Company shall be subscribed, it shall and may be' lawful to call a meet^ ing of the shareholders, at the City of Saint John, upon giving fourteen days previous notice of the time and place of such meeting in at least two of the Newspapers published in the said City ; and at such meeting, or any adjournment thereof, to choose a President, Directors, and officers of the said Company, and to make bye laws, rules, and ordinances for prescribing the duties, powers, and authorities of the said President, Directors, and officers ; for limiting the number of Directors ; for regulating the transfer, registry, and forfeiture of shares ; for the making of calls on shares, and the time of paying such calls ; the times of holding meetings of the said Company, or of the Directors ; the right of voting in respect of the number of shares held by each shareholder respectively. 11 V C 55] TELEGRAPH COMPANIES. 783 and of voting either personally or by proxy ; and generally for the good order, conduct, and government of the said Company, its affairs and business, as may be requisite and necessary ; provided always, that no bye law, rule, or ordinance shall be repugnant to this Act, or to the laws of this Province, or those in force within the same ; and provided also, that a majority of the Directors of the said Company shall always be resident within the Province. 10. The joint stock and property of the said Company shall alone in the first instance be responsible for the debts and engagements of the same ; and no creditor or person having any demand against the said Company, for or on account of any dealing with the said Company, shall have recourse against the separate property of any shareholder on account thereof, except in case of deficiency, or where the joint stock of the said Company shall fall short of or not be equal to the payment of any debt due by or demand against the said Com- pany, or upon nvila bona being returned on any execution issued against the goods and chattels of the said Company, then and in either of such cases, the goods and chattels, lands and tenements of each shareholder shall and may be levied upon and seized respectively to satisfy such debt or demand, to the extent of double the amount of the share or shares, or interest of such shareholder in the joint stock or capital of the said Company, but no more ; and such double amount, or so much thereof as may be necessary to satisfy such debt or demand, shall and may be levied and seized by process of execution in the same suit in which sjich debt or demand may be recovered against the said Company. 11. If any person shall by any means, or in any manner or way whatsoever, obstruct or interrupt the free use of the said Telegraph, or any of its branches, or other works incidental or relative thereto or connected therewith, such person shall for every such offence incur a penalty or forfeiture of not less than five pounds nor exceeding ten pounds currency, to be recovered by summary conviction before one or more Justices of the Peace for. the County or City and County where such offence is committed ; one half of the same, when levied and recovered, to be paid to the informer or person prosecuting for the same, and the other half to be paid into the hands of the Treasurer 784 TELEGRAPH COMPANIES. [12 V C 63 of such County, and applied to the public uses of such County ; provided always, that the payment of such penalty or forfeiture shall not be held to relieve or discharge the person convicted of the same, from any claim for damages by the said Company for any loss or injury sustained by them in consequence of such obstruction or interruption. 12. If any person or persons shall wilfully, maliciously, and to the prejudice of the said Company, break, throw down, damage, or destroy any post or posts, rail, support, wire, machine, machinery, or other works or device erected, con- structed, or possessed under the authority of this Act, or do any other wilful act, hurt, or mischief, to disturb, hinder, or prevent the carrying into execution, making, completing^ supporting, maintaining, and using the said Electric Telegraph, either on the main line or on any of its branches, or other works therewith connected, every such person or persons so offending shall forfeit and pay to the said Company the amount of the damages and the costs of suit in that behalf incurred, In like manner as for any other trespass ; and for the further protection of the said Company, all persons wilfully breaking, throwing down, damaging, or destroying any of the works or property of the said Company as aforesaid, shall also be liable to the punishment prescribed for felony in any Act now or hereafter to be in force within this Province. 12th Victoria-^Chapter 63. An Act to amend an Act to incorporate the New Bruns- wick Electric Telegraph Company. Section. Section. 1. Repeal of Section of what Act. 2. Preference messages, to whom secured. Passed Uth JprU 1849. Be it enacted, 8fc. — 1. The seventh Section of an Act made and passed in the eleventh year of the Reign of Queen Victoria, intituled An Act to incotporate the New Brunstcick Electric Telegraph Company, be and the same is hereby repealed ; and in lieu thereof, 2. It shall be lawful for the Lieutenant Governor or Admin- istrator of the Government of this Province for the time being, to have and enjoy at all reasonable and proper times, and in 13 V C 11] TELEGRAPH COMPANIES. 785 preference to all others whomsoever, the right and privilege of using the said line of Electric Telegraph and branches, for the transmission of messages relating to the public service only, whether Imperial or Provincial, from or to any stations in and throughout the Province ; and the rates of charge therefor shall not in any one case, or at any one time, exceed the esta- blished and ordinary rates of charge made to private individuals and others for the transmission of private messages. 13th Victoria — Chapter 11. An Act to incorporate the Fredericton and Saint John Electric Telegraph Company. Section. Section. 1. .Incorporation of Company. 6. ToIIb, &c., may be taken. 2. Capital. 7. Governor to have preference. 3. Telegraph Line, wliat may make. 8. Whenmeetingfor choiceof Director8,&c. 4. Public roads, Sec, may be entered upon. 9. Debts, what answerable for. 5. FriTate.prpperty, when entered upon, j3tc. Passed 2&h April 1850. Whereas the construction of a Line of Electro-Telegraphic communication between the Cities of Saint John and Frede- ricton, in this Province, would be of great advantage, and it is deemed advisable to extend encouragement to such persons as may erect and maintain such line, by granting thiem an Act of Incorporation ; — Be it therefore enacted, 8fc. — 1. RobertJardine, John Duncan, Lemuel A. Wilmot, Charles Fisher, Spafford J. Barker, Frederick W. Hatheway, Charles Macpherson, and William H. Robinson, and such other persons as shall from time to time become proprietors of shares in the Corporation hereby established, their successors and assigns, shall be and they are hereby ordained, constituted, and declared to be a Corporation, and a body politic and corporate, by the name of " The Fre- dericton and Saint John Electric Telegraph Company," and by that name shall have all the powers made incident to a Corporation by the Acts of Assembly in this Province, for the purpose of constructing such line of Electro- Telegraphic communication as hereinafter more particularly set forth. 2. The capital stock of the said Corporation shall be one thousand five hundred pounds, with power to the said Company to increase the same to two thousand pounds if the same shall 50 786 TELEGRAPH COMPANIES. [13 V C 11 become desirable in carrying out the purposes of the Company; the whole amount of the said capital stock to be divided into shares of five pounds each, which shares shall be vested in the several persons hereinbefore named, and such other persons as may take shares in the said Corporation, their successors and assigns, in proportion to I heir respective shares and interest; which said shares shall be paid at such times and places and in such proportions as the Directors of the Company shall appoint ; provided always, that the money so to be raised as aforesaid is hereby directed and required to be laid out for and towards the making, completing, and maintaining the said Electric Telegraph, and other purposes therewith connected, and ta no other use or purpose whatsoever. 3. It shall be lawful for the said Company, and they are hereby authorized and empowered, by themselves, their depu- ties, agents, officers, and workmen, to make and complete a single or double line of Electric Telegraph, communicating from and between the Cities of Fredericton and Saint John, by the way of the Nerepis Road, with power to establish such branch lines in connexion therewith, as the increase of business, the establishment of Railroads, or other circumstances may make advisable, and for the purposes of the said main line and the several branches thereof to make such erections as may be necessary, and to purchase and acquire such machinery and contrivances, and real or moveable property, as may be or become necessary for the making, maintaining, and working the said Electro-Telegraphic communication, and may use, hold, and possess the land over which the said Electric Tele- graph is to pass, iri the manner and under the provisions here- inafter set forth. 4. It shall and may be lawful for the said Company, and their servants as aforesaid, to enter upon the side or sides of any or all of the public roads, bridges, streets, or highways' in this Province, through, along, across, or by which the said Electro-Telegraphic line, or any of its branches-, shall pass or be required to pass, and on the same to set up, erect, and construct such and so many posts or other works as they in their discretion may deem necessary for maki streets, and highways in any part where they shall be so broken up and opened as aforesaid, to the like condition in which they were before breaking up the same. ■', 5. If at any time it shall be deemed necessary by the Com- pany or their servants to carry any part of the said main' or branch lines of the said Electro-Tele|fraphic communication through or over any estate, landsj or grounds, being private property, it shall be lawful for the said Company, by their agents or servants, to enter into and upon the said lands of any person or persons, bodies politic or corporate, as they shuli think necessary for the making, completing, maintaining, or repairing the said line or linesj and on such lands to set up, construct, or build such posts, buildings, or other erections as may be necesSiiry for such line or the branches thereof, and do all other matters and things which the said Company shalL thitik tonTeriient and necessary for the making, extending, and easy using of the said Electric Telegraph or its branches, or the works connected therewith, they, the said Company, doing as little damage as may be in the execution of the 14 V C 3] TELEGRAPH COMPANIES. 793 several powers to them hereby granted, and agreeing with the owner or owners, occupier or occupiers of such private pro- perty, as to the amount of compensation to be paid to such owner or owners respectively ; and in case of disagreement as to the amount of damages or compensation to be paid by the said Company, then the amount of such damages or compen- sation shall be ascertained and determined by three arbitrators, one to be chosen by the said Corporation, or their agent or servant, and one by the owner or occupier of the said private or corporate property in question, which two arbitrators so chosen, shall choose a third arbitrator ; and in case the two first mentioned arbitrators shall not agree in the choice of a third arbitrator, then and in such case it shall and may be lawful for the Lieutenant Governor or Administrator of the Government for the time being, upon application of the said Corporation, to appoint a third arbitrator ; and the award of the said arbitrators, or any two of them, shall be final and conclusive in the matters referred to them ; and in case any of the said owners or occupiers of such private or corporate property shall decline making any such agreement, or appoint- ing such arbitrator, then and in every such case the said Corporation shall make application to the Supreme Court of this Province, or to any one of the Judges thereof, stating the grounds of such application, and such Court or Judgftis hereby empowered and required from time to time, upon such appli- cation, to issue a writ or warrant, directed to the Sherifi" of the County or City and County in which such lands lie, or in case of his being a party interested, then to any Coroner of such County not interested, and in case of the said Sheriff and Coroner being both interested, then to some other person or persons who may be disinterested, commanding such Sheriff, Coroner, person or persons disinterested, as the case may be, to summon and empannel a Jury of twelve freeholders within the said County, who may be altogether disinterested, which Jury upon their oath, (which oath, as well as oaths to be taken by any person or persons who shall be called upon to give evidence in the matter, the Sheriff, Coroner, or person or persons summoning such Jury, is hereby empowered to adr minister) shall inquire, ascertain, and assess the dispnct sum or sums of money or annual rent to be paid as the amount of 794 TELEGRAPH COMPANIES. [14 V C 3 compensation and satisfaction for the damages which may and shall be sustained by such owner or owners, occupier or occu- piers of such private or corporate property as aforesaid ; and the award, inquisition, or verdict of such Jury shall be returned and filed in the office of the Clerk of the Pleas in the said Supreme Court, and shall be final and conclusive between the parties ; which amount so assessed as aforesaid, and the costs and expenses of such proceedings, when taxed and allowed by the said Supreme Court, or one of the Judges thereof, shall be borne by the said Corporation, and shall be by them paid within thirty days after the said inquisition, award, or verdict shall be filed as aforesaid. 6. So soon as the main line of communication by the said Electric Telegraph, or any part thereof, or any of its branches, shall be complete and opened, it shall and may be lawful for the said Corporation at all times to ask, demand, take, sue for, and recover to and for their own proper use, such rates, tolls, or dues for the transmission and writing out of any and every message or communication of any kind soever transmitted and conveyed at the cost and charge of the said Company, by or upon the said Electric Telegraph, and such sum or sums of money as the said Company may think just and reasonable. 7. It shall be lawful for the Lieutenant Governor or Admin- istrator of the Government for the time being, to have and enjoy at all reasonable and proper times, and in preference to all others whomsoever, the right and privilege of using the said line of Electric Telegraph and branches for the trans- mission of messages relating to the public service only, whether Imperial or Provincial, from or to any stations with which the said line or any of its branches shall connect, and the rate of cbarges therefor shall not in any one case or at any one time exceed the ordinary rates of charges made to private indi- viduals and others for the transmission of like messages ; pro- vided always, that such messages are strictly and solely of a public nature. 8. When and so soon as one half of the shares of the said capital stock shall have been subscribed for, a meeting of the stockholders shall and may be C9.11cd by any three of the cor- porators hereinbefore named, and such meeting shall be held at Chatham, in the County of Northumberland, after ten days 14 V C 3] TELEGRAPH COMPANIES. 795 notice in the Gleaner Newspaper published at Miramichi ; and at such meetings, or some adjournment thereof, a President shall be chosen from among the stockholders, and six Directors shall be chosen for the current year, of which three shall be resident in the County of Northumberland and three in the County of Kent ; and at such meeting, or some adjournment thereof, to make bye laws, rules, and ordinances for prescribing the duties, powers, and authorities of the said President, Di- rectors, and officers of the said Company, and for regulating the transfer, registry, and forfeiture of shares, the right of voting in respect of the number of shares held by each share- holder respectively, and for voting either personally or by proxy, and generally for the good order, conduct, and govern- ment of the said Company, its affairs and business, as may be requisite and necessary. 9. The annual meeting of the said Company shall take place on the first Tuesday in January in each year, and shall be held alternately in Chatham and Richibucto ; the first annual meet- ing to be held at Richibucto on the first Tuesday in January next. 10. The joint stock and property of the said Corporation shall alone be responsible for the debts and engagements of \ the said Company. 11. If any person shall by any means, or in any manner or waf whatsoever, obstruct or interrupt the free use of the said Telegraph, or any of its branches, or other works incidental or relative thereto or connected therewith, such person shall for every such offence incur a penalty or forfeiture of not less than five pounds nor exceeding ten pounds currency, to be recovered by summary conviction before one or more Justices of the Peace for the County or City and County where such offence is committed ; one half of the same, when levied and recovered, to be paid to the informer or person prosecuting for the same, and the other half to be paid into the hands of the Treasurer of such County, and applied to the public uses of such County ; provided always, that the payment of such penally or forfeiture shall not be held to relieve or discharge the person convicted of the same from any claim for damages by the said Company for any loss or injury sustained by them in consequence of such obstruction or interruption. 796 TELEGRAPH COMPANIES. [14 V C 7 12. If any person or persons shall wilfully, maliciously, and to the prejudice of the said Company, break, throw down, damage, or destroy any post or posts, rail, support, wire, machine, machinery, or other works or device erected, coBr structed, or possessed under the authority of this Act, or do any other wilful act, hurt, or mischief to disturb, hinder, or prevent the carrying into execution, making, completing, sup])orting, maintaining, and using the said Electric Telegraph, either on the main line or on any of its branches, or other works therewith connected, every such person or persons so offending, shall forfeit, and pay to the said Company the amount of the damages and the costs of suit in tliat behalf incurred, in like manner as for any other trespass. 14th ViCTaRiA — Chapter 7. An Act to amend and extend the operation of the Act to incorporate the Fredericton and Saint John Electric Telegraph Company. Section. Section. 1. Line, where extended. 3. Capital increased., 2. What Sections extended, and to what. Passed \5th March 1851. I Whereas it is desirable to extend the line of the Telegraph to Woodstock in this Province, now in operation under an Act made and passed in the thirteenth year of Her present Majesty, intituled An Act to incorporate the Fredericton and Saint John Electric Telegraph Company ; — Be^it enacted, &fc. — 1. The Fredericton and Saint John Electric Telegraph Company are hereby empowered and authorized to erect and build a line or lines of Electric Telegraph communication in, through and from the City of Fredericton, in and to and through the Town of Woodstock, in the County of Carleton, in such direction as they may deem meet. 2. The third, fourth, fifth, sixth, and seventh Sections of the said Act, passed in the thirteenth year of Her present Majesty's Reign, intituled An Act to incorporate the Fredericton and Sain t John Electric Telegraph Company, shall extend and apply to and be in force in respect of the said line or limss of Electric communication so to be erected under the provisions 14 V C 8] TELEGRAPH COMPANIES. 797 of this Act, and all and every the powers, authorities, methods, remedies, rules, regulations, advantages, directions, clauses, matters, and things contained in the said several Sections respectively, shall be created, incurred, and be observed in regard to and in respect of the said line or lines of Electric communication, as fully and effectually to all intents and pur- poses as if the said powers, authorities, methods, remedies, rules, regulations, advantages, directions, clauses, matters, and things were severally and respectively repealed and re-enacted herein ; and the provisions of an Act made and passed in the thirteenth year of the Reign of Her present Majesty, intituled An Act for the punishment of persons guilty of injuring Electric Telegraphs, are hereby declared to extend to the line or lines to be constructed by virtue of this Act. 3. The capital stock of the said Corporation shall be and is hereby increased to two thousand five hundred pounds, with power to the said Company to further increase the same to three thousand pounds, if they deem it necessary for the purposes of the Company. 14th Victoria — Chapter 8. An Act to incorporate within this Province the British North American Electric Telegraph Association. Section. Section. 1. Incorporation. 6. Governor to have preference. 2. Telegraph tine, where may be made. 7. Award, &c., eifect of. ^ 3. Public roads, Jtc, may enter upon, &c. 8. Debts, what responsible for. 4. Private property, may enter upon, &c. 9. Destroying works, punishment for. 5. Tolls, &c., what may take. Passed 30ih April 1851. Whereas under the provisions of an Act made and passed by the Legislature of the Province of Canada in the twelfth year of the Reign of Her present Majesty, intituled An Act to incorporate the British North American Electric Telegraph Association, the said Company has been duly organized and constituted, and the works by them erected are now in actual operation : And whereas it is deemed advisable to incorporate the said Company within this Province, to enable them to connect their works at Woodstock, in the County of Carleton, with those of a similar nature to be constructed to Woodstock by the Fredericton and Saint John Electric Telegraph Com- pany ;— 798 TELEGRAPH COMPANIES. [14 V C 8 Be it therefore enacted, 8fc. — 1. George O'Kill Stewart, the Honorable Rene Edouard Caron, Peter Langois, Junior, John Jones, Christian Wurtell, James Tibhits, Henry John Noad, Alexander Gillespie, and Edward Boxer, together with such other persons as shall hereafter become proprietors of shares in the said Company, their successors and assigns, shall be and they are hereby united into a Company for the con- structing, completing, and maintaining a line or lines of Telegraphic communication from some place in the said Pro- vince of Canada, to and through Woodstock in this Province, and shall for that purpose be and are hereby declared to be a Corporation, and a body politic and corporate, by the name of " The British North American Electric Telegraph Associa- tion," and by that name shall have perpetual succession and a common seal, and all other powers made incident to a Corpo- ration by the Acts of Assembly in this Province, for the pur- pose aforesaid. 2. It shall be lawful for the said Company, and they are hereby authorized and empowered by themselves, their deputies, agents, officers, and workmen, to make and complete a single or double line of Electric Telegraph, communicating from and between some place in the Province of Canada, to and through Woodstock in this Province, with power to establish such branch lines in connexion therewith as the increase of husiness, the establishment of Railroads, or other circumstances may make advisable; and for the purposes of the said main line and the several branches thereof, to make such erections as may be necessary, and to purchase and acquire such machinery, contrivances, and materials, and real or moveable property, as may be necessary for the making, maintaining, and working the said Electro-Telegraphic communication, and may use, hold, and possess the land over which the said Electric Telegraph is to pass, in the manner and under the provisions hereinafter set forth. 3. It shall be lawful for the said Company, their agents and servants, to enter upon the side or sides of all or any of the public roads, bridges, streets, or highways in this Province, through, along, across, or by which the said Electro-Telegraphic line or any of its branches shall pass or be required to pass, and on the same to set up, erect, and construct such and so many 14 V C 8] TELEGRAPH COMPANIES. 799 posts or other works as they in their discretion may deem necessary for making, using, and maintaining the said Electric Telegraph, and from time to time as often as the said Company, or their agents or servants, shall think proper, to dig, break up, and open atry part whatsoever of the said roads, streets, or highways, not interfering with that part of the same appropriated for the use of carriages, wagons, or horses, and to keep the same open during the time necessary for the setting up, erecting, and constructing of such posts or other works; provided always, that nothing herein shall be construed to extend to prevent the setting up, erecting, or constructing of any posts or work which may in any way obstruct any of the said public roads, streets, bridges, or highways; and provided also, that the said Company, their agents or servants, do and shall at their proper costs and charges, and without any unne- cessary delay, repair and amend the said public roads, streets, and highways, in any part where they shall be so broken up, dug, or opened as aforesaid, to the like condition in which they were before digging and breaking up the same. 4. If it shall at any time be deemed necessary by the said Company, or their agents or servants, to carry any part of the said main or branch lines of the said Electric Telegraph through or over any estates; lands, or grounds, being private property, it shall be lawful for the said Company, by their agents or servants, to enter into and upon the lands of any person, or bodies politic or corporate, as they shall think necessary, for the making, completing, maintaining, or repair- ing the said line or lines, and on such lands to set up, construct, or build such posts, buildings, or other erections as may be necessary for such line or the branches thereof, and do all other matters and things which they, the said Company, or their agents, shall think convenient and necessary for the making, extending, repairing, and easy using of the said Electric Telegraph or its branches, or the works connected therewith, they, the said Company, doing as little damage as may be in the execution of the several powers to them hereby granted, and agreeing with the owner or owners, occupier or occupiers of such private property, as to the amount of com- pensation to be paid to such owners or occupiers respectively; and in case of disagreement as to the amount of damages ar 800 TELEGRAPH COMPANIES. [14 V C 8 compensation to be paid by the said Company, then the amount thereof shall be ascertained and determined by three arbitrators, one to be chosen by the said Company or their agents, and one by the owners or occupiers of the private or corporate property in question, which two arbitrators so chosen shall 'choose a third arbitrator ; and in case the two first mentioned arbitrators shall not agree in the choice of a third arbitrator, then and in such case it shall and may be lawful for the Lieutenant Governor or Administrator of the Government for the time being, upon application of the said Corporation, or their agent, to appoint a third arbitrator ; and the award of the said arbitrators, or any two of them, shall be final and conclusive in the matters referred to them, and shall be filed in the office of the Clerk of the Pleas of the Supreme Court; and in case any of the said owners or occupiers of such private or corporate property shall decline making any such agreement, or appointing such arbitrator, then and in every such case the said Corporation or their agent shall make application to the Supreme Court of this Province, or to any one of the Judges thereof, stating the grounds of such application ; and such Court or Judge is hereby empowered and required from time to time, upon such application, to issue a writ or warrant directed to the SheriflT of the County or City and County in wliich such lands lie, or in case of his being a party interested, then to any Coroner of such County, and in case of thesaid Sheriff and Coroner being both interested, then to some disin- terested person or persons, commanding such Sheriff, Coroner, person or persons disinterested, as the case may be, to summon and empannel a Jury of twelve freeholders within the said County who may be altogether disinterested, which Jury upon their oath, (which oath, as well as the oaths to be taken by any person or persons who shall be called upon to give evidence in the matter, the Sheriff, Coroner, or person or persons summoning such Jury, is and are hereby empowered to admin- ister) shall inquire, ascertain, and assess the distinct sum or sums of money or annual rent to be paid as the amount df compensation and satisfaction for the damages which may and shall be sustained by such owner or owners, occupier or occupiers of such private or corporate property as aforesaid ; and the award, inquisition, or verdict of such Jury, shall be 14 V C 8] TELEGRAPH COMPANIES. 801 returned and filed in the office of the Clerk of the Pleas in the said Supreme Court, and shall be final and conclusive between the parties ; which amount so assessed as aforesaid, and the costs and expenses of such proceedings^ when taxed and allowed by the said Supreme Court, or one of the Judges thereof, shall be borne by the said Corporation, and shall be by them paid within thirty days after the said inquisition, award, or verdict shall be filed as aforesaid. 5. So soon as the main line of communication by the said Electric Telegraph, or any part thereof, or any of its branches, shall be completed and opened, it shall be lawful for the said Company at all times thereafter to ask, demand, take, sue for, and recover to and for their own proper use, such rates, tolls< or dues, and such sum or sums of money as they may think just and reasohable, for the transmission and writing out of any and every message or communication of any kind soever transmitted and conveyed at the cost and charge of the said Company by or upon the said Electric Telegraph. 6. It shall be lawful for the Governor General or Adminis- trator of the Government of the Province of Canada for the time being, and for the Lieutenant Governor or Administrator of the Gdvernment of this Province for the time being, to have and enjoy at all reasonable and proper times, and in preference to all others whomsoever, the right and privilege of using the said line of Electrid Telegraph and any of its branches, for the transmission of messages or communications relating to the public service only, whether Impei'ial or Provincial, from or to any stations with which the said line or any of its branches shall connect, and the rates of charge therefor shall not in any one case or at any one time exceed the ordinary rates of charge made to private individuals and others for the transmission of like messages ; provided always, that such messages and com- munications are strictly and solely of a public nature. 7. Any award made, or any verdict given by any jury of inquiry, in the manner and for the purposes provided for in the fourth Section of this Act, shall have the force and effect of a judgment of the Supreme Court, and it shall and may be lawful for any person or persons, or bodies politic or corporate, in whose favour any siich award shall be made or verdict given, to issue out of the Supi'eme Cobft of this Province a writ in 51 802 TELEGRAPH COMPANIES. [14 V C 8 the form as near as may be of a fieri facias, for the recovery of the amount of such award or verdict, and the costs thereof, together with the costs of obtaining such writj directed to the Sheriff of any County in this Province where property of the said Company may be found, which writ shall briefly recite such award or verdict, and shall be subject to the like rules in every respect as executions issued upon judgments in ordinary cases; provided always, that no such writ shall issue against the said Company till after the expiration of thirty days from the filing of such award or verdict, nor without the order of the Supreme Court or a Judge thereof, to be made on affidavit of a demand of the amount of such award or verdict, and the taxed co^ts, from the said Company or their agents, thirty days before such application and the non-payment thereof. 8. The property of the said Company shall alone in the first instance be. responsible for the debts, liabilities, and engage- ments of the same ; and no creditor, person, or body politic or corporate, h^,YJng any demand against the. said Company for or on account of any dealings or transactions vvith the said Com- panyj shall have recourse against the separate property of any shareholder on account thereof, except in case of deficiency, or when the property of the said Company shall fall short of or not be equal to the payment of any debt or liability of the said Company, or upon tmlla bonq,he\ng returned to any execution issued against the goods and chattels, lands and tenements of the said,Co;npany, then and>in either of such cases, the goods and chattel,s, lands and: tenements of each .shareholder, shall and may be leyied upon and seized respectively to satisfy such debt, or ^demand to the extent of double the amount of the share or shares or interest of such shareboldeir in the joint stock or capital of the said Company, but no more ; and such double ampuiit, or so much thereof as may be necessary to satisfy such debt or d.emand, shall and may be levied and seized by process of execution in the same suit in which such debt or demand may be recovered against the said Company. 9.i Whosoever shall wilfully, break, throw down, cut, sever, injure, damage, or destroy any of the works, machinery, or property of the said. Company, or do any. other act whereby the communicatiflBs by the said line of Electric Telegraph or any branch thereof may be interrupted, shall be guilty of felony, 15 V C 72] TELEGRAPH COMPANIES. 803 and being convicted thereof, shall be liable to be imprisoned in the Provincial Penitentiary for any term not exceeding four years, which punishment shall be in addition to any civil or other remedy for such offence. 15th Victoria — Chapter 72. An Act in addition to and amendment of an Act intituled An Act to incorporate the Mimmiehi and Richibucto Electric Telegraph, Company.. Section. ' Section. ;■ 1. 'What persons to be Corporation, 3. Telegraph Line, where to erect. S. Capital, &c. Passed 'Jth April 1852. Whereas by an Act of the General Assembly of this Pro- vince, made and passed in the fourteenth year of the Reign of Her present Majesty, intituled An Act to incorporate the MirdmicM and Richibucto Electric Telegraph Company, reci- ting that — " Whereas the construction of a line of Electro- Telegraphic communication between the Bend of Petitcodiac in the County of Westmorland, and the Miramichi River, would be of great advantage, and it is deemed advisable to extend encouragemeint to such persons as may erect and maintain such line, by granting them an Act of Incorporation for that purpose ; " it was enacted that certain persons therein named, and such other persons as should from time to time become proprietors of shares, should be incorporated by the name of " The Miramichi and Richibucto Electric Telegraph Company :" And whereas of the persons who had agreed to form the said Company residing in the Counties of Northum- berland and Kent, many have declined to pay in any portion of their stock, whereby the present shareholders are confined to the County of Northumberland, who have proceeded under the said Act, and built that part of the said line leading from Chatham, in the County of Northumberland, to Richibucto, in the County :of Kent, which line is now in efficient working order : And whereas in consequence of a line of Electric Telegraph from Richibucto to the Bend of Petitcodiac being already in operation, it is at present unnecessary that the said Company should extend their line to the Bend ; — Be it therefore enacted, &rc.^l. The said Company so in- 804 TELEGRAPH COMPANIES. \ [15 V C 72 corporated shalf consist of the following persons, wiz : — John Mackie, William Muirhead« Robert Johnston, Junuor, George Johnston, William J. Fraser, William A. Black,! John M. Johnson, Solomon Samuel, Caleb M'Culley, Jaimes Oaie, William Kelly, Alexander Loudoun, Robert Johnston, William M'Rae, Richard Hutchison, Allan A. Davidson, Jonn Nichol- son, William Wilkinson, John Cameron, George Hi ^Russel, Hugh Bain, and Peter Mitchell, who, together with sqich other persons as are or shall from time to time become proprietors of shares in said Corporation, be and tbey are hereby declared to compose the same, instead of the persons named^ in the aforesaid Act. \ 3, The capital stock of the said Corporation may consist of aixty Sihares often pounds each, or be extended to two hundred and fifty shares of ten pounds each, as the said Company may find necessary ; and it shall noit hereafter be necessary that any of the meetings of the said Company shall be bolden in the County of Kent, nor that the President or any of the Directors or officers should reside in the said County of Kent, nor that the officers should consist of a President and six Directors, but that from and after the passing of this Act, the meetings may be held and the officers reside within such limits as the Company may determine and fix by bye law, and the oiSeers shall consist of a President and four Directors. 3. It shall and may be lawful for the said Company to extend a single or double line of Electric Telegraph from Chatham, in the said County ef Northumberland, to the Counties of Gloucester and Reatigouche, and through the same, and to build branch lines therefrom, subject to tbe same restrictions and conditions, and with the same privileges, rights, remedies* and advantages, as prescribed by the said Act of Incorporation ; and the said Act and every part thereof not hereby altered or repealed, shall apply to the said extended lines, and to the said Company, and to persons interfering therewith, as if the same had been originally inclnded therein ; and the said Act shall remain in full force except so far as the same is inconsistent with this Act; and all proceedings of the said Company had thereunder, shall be as valid and effective as if this Act bad not been made.^ 16 V C 43] TELEGRAPH COMPANIES. 805 16th Victoria — Chapter 43.: An Act in addition to and amendment of an Act to incorporate the New Brunswick Electric Telegraph Company. Section. Section. '1. Qapital stock, ha,w to be matiaged. 4. In suit therefor, mpde icf dealing, t!. Unpaid calls, how to be disposed of. 5. On the trial, what to prove. 3. Unpaid calls, what proceedings therefor < ' against stockholders. ' Passed 1st Map 1854, Be it enacted, tfc.~-l. The said New Brunswick Electric Telegraph Company shall have power to call in the balance of the capital stock of twenty five thousand pounds, or so much thereof as may be required from time to time, by the issue, allotment, sale, or other disposal of shares in the said Com- pany, as already provided for by the Act of Incorporation of said Company ; or should the said Company at a general meeting deem it advisable, by reducing the number of shares in said Company provided for by the second Section of said Act, and by increasing the amount thereof, and from lime to time assessing on the shares issued by the said Company, and so increased, such sums as may from time to time be required for extending or carrying on the business and operations of said Company, in such manner as shall be determined on at any general meeting of said Company 5 provided always, that the capital stock shall not exceed the said Sum of tweiity five thousand pounds, nor the amount of shares thus increa^led the sum of twenty five pounds each. 2. If any stockholder shall neglect or refuse to pay to the Treasurer the amount of such call or assessment upon bis share or shares at the time prescribed, it shall be the duty of such Treasurer to advertise all such delinquent shares fur sale at public auction, giving at least thirty days notice of the time and place of such sale ; and all shares upon which the call or assessment is not then paid, with interest from the time such call or assessment became due, shall be sold at public auction to the highest bidder, and after retaining the amount of call or assessment, and interest due on each share, and the expense of advertising and selling, the residue, if any, shall be paid over to the former owner, and a new certificate or certificates of the shares so sold shall be made out and delivered to the purchasers. 806 TELEGRAPH COMPANIES. [16 V C 43 3. If at the time appointed by the said New Brunswick Electric Telegraph Company for the payment of any call or assessment made or hereafter to be made, any shareholder shall have failed or shall fail to pay the amount of such call or assessment, or any part thereof, it shall be lawful for the said Company to sue such shareholder for the amount thereof, or so much thereof as may be and remain due and owing thereon, in any Court of law or equity having competent jurisdiction, and to recover the same, with lawful interest from the day on which such call or assessment was payable, with costs of suit. 4. In any action or suit to be brought by the said Company against any shareholder to recover any money due for any call or assessment, it shall not be necessary to set forth the special matter, but it shall be sufficient for the. said Company to declare that the defendant is the holder of one share or more in the said Company, [state the number of shares, J and is indebted to the said Company in the sum of money to which the calls or assessments in arrear shall amount, in respect of one call or assessment or more upon one share or more, [state the number and amount of sv^h calls or assessments,'] by which an action hath accrued to the said Company by virtue of this Act. 5. On the trial or hearing of such: action or suit it shall be suffieient to prove that the defendant at the time of making such call or assessment, was a holder of one share or more in the said undertaking, and that such call or assessment was in fact made ; and thereupon the said Company shall be entitled to recover what shall be due upon such call or assessment, and interest thereon, unless it shall appear that thirty days notice of such call or assessment was not given. 7 V C 34] BOOM COMPANIES. 807 BOOSE c<»jtipaivi:bs. 7th Victoria — Chapter 34. Aiii Act to incorporate the Fredericton Boom Company. Section. ' " Section. 1. Ineprporatilon of Qoinpany. 1 0. Repealed. S. Capital. 11. Timber escaping, wlio liable for. 3. I'irst meeting, Hqw called. 18. Dieputes, lio.w settled. 4. Deposit, when to be made. 13. Stock shares, how assessed, &c. 5. Nayigation not to bfe affected. 14. When Act to be void. 6. Boom, how long kept open. 15. Debts, &c., who liable for. 7. Charge* for rafting, &o. J il < 16. Repealed. 8. Picking up, &c. Timber, by whom. 17. Limitation. 9. Lien^ for boomage, on what, &c ■ ' ' Passed 13l?i JprillSii. Whereas the erection of a Side Boom or Booms at or near the Short Ferry, so called, below Fredericton, will be a great benefit to persons engaged in the Lumber business, by enabling them to secure Timber and Logs, Masts, Spars, and other Lumber floating down the River Saint John, at a moderate expense : And whereas it is deemed expedient to incorporate a Company for that purpose ; — Be it therefore enacted, ifc, — 1. John Glazier, Stephen Glazier, James Taylor, William J. Bedell, SpafFord Barker, Jacob M aokeen, Isaac Kilburn, and Duncan Glazier, and their associates, successors, and assigns, be and they are hereby declared to be a body corporate, by the name of " The Frede- ricton Boom Company," and shall have all the general powers made incident to a Corporation by Act of Assembly in this Province, for the purpose of erecting and maintaining a Side Boom or Booms and any other works on the shore connected therewith, at or near the Short Ferry, so called, below Frede- ricton, for the more convenient collecting, picking up, securing, and rafting timber, logs, masts, spars, and other lumber floating down the River Saint John, and for carrying on and managing the same. 2. The capital stock of the said Corporation shall be two thousand pounds of current money of New Brunswick, and shall be divided into eighty shares of twenty five pounds each. 3. The first meeting of the said Corporation shall be called by James Taylor, Esquire, or in case of his death or refusal to act, by any two of the said Corporation, after ten days notice in a Newspaper published in Fredericton, for the purpose 808 BOOM COMPANIES. [7 V c 34 of organizing the said Corporation, which meeting shall be held at the time and place mentioned in such notice. 4. The subscribers for stock in the said Corporation shall, previous to the first meeting of the said Corporation, pay into the hands of such person or persons as the persons incorporated by the first Section of this Act, or the major part of them, or in case of the death of any of them, the major part of the survivors, such an instalment or deposit on ihe capital stock of the said Corporation they subscribe for, as the said persons incorporated, or the major part of them as aforesaid, may appoint and determine, due notice being given at the time of the notice calling the first meeting of the members and stock- holders of the Corporation, of the time or several periods of time wheDi of. the: place and places wlaexsi and person and per- sons to whom the said instalment or deposit shall be paid, and the said instalment or deposit shall he taken and allowed to every subscriber; who shall pay it, as part of the capital stock required to he paid in under and by virtue of this Act, and every subscriber who shall neglect or vefuse to pay in the said deposit or ijist^ment shall be deemed a defaulter, and no subscriber shall upon any pretence whatsoevervote at the first meeting for the choice of Directors upon any share or shares, unless he has paid the said instalment or deposit. 5. Npthing in this Act contained shall be construed to au- thorize the said Corporation, to interfere with the navigation of the River Saii)t John? 6. The said Corporation shall and they are hereby required to keep the said Boom open and in order to receive timber, logs, mast^i spars, and other lumber floating down the River Sa^nt John, from the opening of the Spring, and after the time the River is d^a^^of ice, until the twentieth day of October in each and, every year during the continuance of this Act. 7. The said Corporation shall be entitled;to receive a sum Dot exceeding; one shilling and one penny half penny per ton for each a»d every ton , of timber, and a sum not exceeding two shillings andi six pence per tbousand for each and every thousand superficial feet of logs, masts, and spars, or other luinber,j which they shall secure and rskft. in a substantial manner with good and sufficient boom poles, and put in good and sqffioient joints, such as are usually made, preparatory to 7 V C 34] BOOM COMPANIES. 809 their being put in large rafts for transportation to Saint John ; such payments to be in full for rafting and securing the said timber as aforesaid, and also for collecting and keeping up, and floating down the said timber and logs so rafted in the said Boom or Booms, from Crock's Point, so called ; and also, for all scattered timber and logs, which by the force of the current or water may be driven into the said Boom or Booms, and secured thereby, and so rafted in joints. 8. It shall be the duty of the said Corporation, and they are hereby required to collect together, pick up, and float down into the said Boom or Booms, and there secure and raft in joints all timber and logs floating in the River Saint John, or aground on any flat or shore, or any of the islands or bars below Crock's Point, so called, at any time between the open- ing of the Spring and the River being entirely clear of ice, and the twentieth day of October in each and every year during the continuance of this Act, providing the owner or owners of such timber or logs shall have previously furnished the said Corporation, or the agent or agents, with the mark or marks of such timber, logs, masts, spars, or other lumber, previously to its coming to Crock's Point, so called, and after so furnish- ing the said marks, the same shall be considered to be under full control of and liable to boomage to the said Corporation. 9. The said Corporation shall have a lien on all timbet, logs, masts, spars, and other lumber which may be rafted in the said Boom in joints fit to be carriedto Saint John in the manner prescribed by the seventh Section of this Act, or which shall be carried into the said Boom by the force of the current; and the said Corporation, or agent or agents, may retain the said timber, logs, masts, spars, and other lumber, or sufficient part of them to pay the boomage until such boomage is paid or secured ; provided always, that nothing herein contained shall be construed to extend to authorize the said Corporation to detain or interfere with any joint, joints, or rafts of timber, logs, masts, spars, or other lumber, which may be on its pas- sag© to any place either above or below said Booms with men on, and may by the force of the current or other accident get into said Booms and be caught therein, but the owner or owners thereof shall be permitted to remove the same with care, or the agent or servants of the said Corporation may do so at their option. 810 BOOM COMPANIES. [7 V c 34 10. Repealed by 11 V. c. 50, s. 2. 11. The said Corporation shall not be liable for the loss of any timber, logs, masts, spars, or other lumber which may pass out of or by the said Boom, or escape therefrom, unless such loss is occasioned by their neglect or default, or the neglect or default of the agents or servants ;! provided always, that the said Corporation, their agents or servants, shall be bound to follow and use all due diligence to collect together and pick up and secure and raft all such timber, logs, masts, spars, or other lumber, of which they may have been previously furnished with the marks as prescribed by the eighth Section of this Act, which may pass out of or by or escape from or run below the said Boom. 12. All questions of difference or dispute of any kind relat- ing to the quantity of timber, logs, masts, spars, or other lumber, or to the mode of rafting such timber, logs, masts, spars, or other lumber, shall be submitted to the award or arbitrament and determination of three persons indifferently chosen between the parties, the award and determination of them or any two of them shall be final and conclusive between the parties, which referees or any two of them shall also determine and award by whom and how the expenses of such reference shall be paid ; provided always, ^that such reference may be made to one person if the parties can agree upon such one, I who shall be vested with the like powers herein assigned to the three referees.,, 13. The said Corporation shall have power to levy and collect assessments upon the shares frofn time to time of such sums of money as may be deemed necessary for carrying on the business of the said Corporation, and whenever any such assessment shall be made by the stockholders of the Corpora- tion,, it shall be the duty of the Treasurer to give notice thereof in a Newspaper printed in Fredericton, requiring payment of the same within ten days, and if any stockholder shall neglect and refuse to pay to the Treasurer the amount of such assess- ment upon his share or shares at the time prescribed, it shall be the duty of the Treasurer to advertise all such delinquent shares for sale at public auction, giving at least fifteen days notice of the time and place of such sale ; and all shares upon which the assessment is not then paidj with interest from the 7 V C 49] BOOM COMPANIES, 811 time such assessment became due, shall be sold to the highest bidder, and after retaining the amount of assessment and interest due on each share, and the expense of advertising and selling, the residue, if any, shall be paid over to the former owner, and a new certificate or certificates of the shares so sold shall be made out and delivered to the purchasers ; pro- vided always, that no assessment shall be made except by a vote of the stockholders and by a majority of all the shares. 14. Unless a good and sufficient Boom for the purpose contemplated by this Act shall be erected within four months after the passing of this Act, and a certificate thereof under the hand of the agent or the principal officer of the said Cor- poration, attested to by such agent or other principal officer before one of Her Majesty's Justices of the Peace, and which oath such Justice is hereby authorized to administer, shall be filed in the Office of the Secretary of the Province, then the corporate powers hereby granted shall be deemed null and void. 15. The members and stockholders of the said Corporation shall be chargeable in their private and individual capacity, and shall be holden for the payment of all debts at any time due from the said Corporation, or damages sustained by the default or neglect of the said Corporation or their agents or servants, in proportion to the stock they respectively hold ; provided however, that in no case shall any stockholder be liable to pay a sum exceeding the amount of stock actually then held by such member or stockholder in addition to the stock then held by such stockholder ; provided nevertheless, that nothing herein contained shall be construed to exempt the joint stock of the said Corporation from being also liable for and chargeable with the debts and engagements of the same. 16. Repealed by 11 V. c. 50, s. 6. 17. This Act shall continue and be in force for five years* and no longer. 7th Victoria^ — Chapter 49. An Act to incorporate the Arestook Boom Company, Section. Section. 1. Incorporation of Company. 6. Boom, injur; to; penalty. r,, 2. Boom, when may be erected. 7. Boomage. 3. ftmate property, how protected. 8. When Act to be void. 4. !Boom, how secured, &c. 9. Limitation. 5. Boom, how opened, &c. 10. Suspending clause. 812 BOOM COMPANIES. [7 V c 49 Parsed I3th April 1844. Whereas the erection of a Boom at the mouth of the Arestook River will be convenient and advantageous to the commercial interests of the Province; — Be it enacted, &rc. — 1. William J. Bedell, Charles R. Upton, Thomas E. Perley, Nelson Terney, their associates, successors, and assigns, be and they are hereby created and declared to be a body politic and corporate, by the name of " The Arestook Boom Bompany," and by that name shall have all the general powers and privileges made incident to a CorporatioH by Act of Assembly in this Province, for the purpose of erecting, building, and maintaining a Boom across the Ai'estook Rivet, below the falls in the said river, to secure the timber, logs, and other lumber floating down the same. 2. The said Corporation may erect and maint£Lin a Boom across the said Arestook River, at some convenient place below the falls thereofj for the purpose of stopping and securing timber, logs, masts, spars, and other lumber floating upon the said river, and may erect certain Piers and Booms such as they may think necessary ; provided that the said Booms be so constructed as to admit the passage of rafts and boats, and preserve the navigation of the river ; but no person shall be allowed at any time to encumber the said Boom either with rafts of timber, log«. Or other lumber, nor be allowed a passage through the same with such rafts, when the openitig of the Boom for that purpose Would endanger the safety 'of any timber, logs, or other lumber contained therein. ■'■' 3. Nothing in this Act shall authorize or be construed to authorize the said Corporation to enter upon the lamds, or use the private property of any person or persons for the purpose of erecting or securing the said Boom, without their consent 'first had and obtained for that purpose. 4. It shall be the drfty of the Corporation to cause the passage ways or open spaces in said Boom to be carefully guarded, so that no lumber be permitted to escape, to raft all the timber and logs, masts, and other lumber, safe and securely in joints loaded suitably for the navigation of the River Saiflt John, for pine timber with two good boom poles at least, and hard wood pins, said joints to be of the Size as are commonly ittade, and to secure the same below the Boom ten hours ; and if the 7 V C 49] BOOM COMPANIES. 813 owner or owners, on the expiration of the time aforesaid, have not removed or taken cbarge of the same by putting his or their ropes thereon, the Corporation may remove or secure the same in some convenient place, and the owner or owners shajl pay such expenses as may arise in the removal or securing the same; and should any person suffer logs in consequence of the neglect or carelessness of the said Corporation or their agent or agents, they shall be accountable for such loss; the said Corporation ^hall cause the timber, logs, or other lumber to be rafted without any unnecessary delay as soon after it comes into the Boom as possible, the same Corporation not being bound to drive any timber, logs, or other lumber into the Boom that may be aground above it. 5. When it shall be found absolutely necessary for the more speedy conveyance of the timber to market to open the Boom and drive the timber down the River Saint John before being rafted, which shall be determined by the majority of votes of the timber holders, each owner having two hundred, and fifty tans shall be entitled to one vote, and in like proportion for any greater quantity, and no person to have more than twenty votes, the quantity of each individual's timber to be determined by the survey that has been first, made ; but when any dispute shall arise as to the quantity of the timber claimed by each person before voting upon the same shall make oath before one of Her Majesty's* Justices of the Peace to the quantity so surveyed ; and should a inajority of the votes of the timber holders be in favour of opening the said Boom, then it shall be the duty of the said Corporation to open the said Boom, and to turn out said timber and other lumber into Saint John River, for whiqh service they the said Corporation shall receive the sum of two pence per ton for byomage only, to be ascer- tained by the next survey made by any qualified Surveyor of lumber. 6. If any person or persons shall wilfully injure or destroy tjie said Boom, or any of the piers thereof, such person or peiv sons so oifending shall, upon conviction thereof before any two q£, H^r Majesty's Justices of the Peace for the County of Carleton, forfeit and pay a sum not exceeding ten pounds, with costs of prosecution, to be levied by warrant of distress and sale of the offender's goods and phattels, rendering the over- 814 BOOM COMPANIES. [7 V c 49 plus, if any, to the offender or offenders; and for want tef sufficient goods and chattels whereon to levy, it shall and may be lawful for said Justices to issue their warrant to commit such offender or offenders to the common gaol of the County, there to remain without bail or mainprize for such period as may be specified in such warrant, not exceeding one day for every two shillings of such penalty. 7. There be allowed to the Corporation a toll or boomage upon all timber and other lumber thus boOraed, rafted, and secured as aforesaid, the sum of one shilling^ per ton upon all timber, and the sum of two shillings and six pence* per thou- sand superficial feet of other lumber, and the said Corporation shall have a lien on all timber and other lumber thus boomed and rafted, for the payment of all such toll or boomage and other expenses ; each person or persons owning timber or other lumber to furnish to the Corporation, or their agent, a proper and correct description of his or their several marks before the same comes into the Boom ; the Corporation not bound to secure or take care of any timber or lumber until the mark is so furnished. If no owner appears to claim timber or lumber so coming into the Boom, it may after twenty days notice be sold, and if within two years the owner should appear and prove to the satisfaction of the Court of Common Pleas, he may receive the net proceeds after deducting toll and other expenses ; but if not proved and claimed within two years, the proceeds to belong to the Corporation ; all tiniber and other lumber to be measured by a sworn Surveyor legally appointed, the expenses to be borne equally alike by both parties. 8. Provided always, that unless a good and sufficient Boom be actually erected as contemplated by the provisions of this Act, and a certificate of the said erection signed and verified on oath by the Directors or Managers of the said Corporation, which oath any Justice of the Peace may administer, shall be filed in the Office of the Secretary of the Province before the expiration of two years after the passing of this Act, the opera- tions of this Act shall cease, and the existence of the said Corporation is terminated at the expiration of the said two years. 9. This Act shall continue and be in force until the first day * Boomage increased by 18 V. c. 15. S "V C 55] BOOM COMPANIES. 815 of August which will be in the year of our Lord one thousand eight hundred and forty eight, and then to be subject to such amendments as the Legislature shall think proper to make. 10. This Act shall not go into operation until Her Majesty's Royal approbation be thereunto had and declared. [ This Act was finaWy enacted, ratified, and confirmed by Order of Her Majesty in, Council, dated the 3rd dap of September 1 844, and published and declared in the Province the 25th day of September 1844.] 8th Victoria — Chapter 55. An Act to incorporate the Nashwaak Boom Company. Section. Section. 1. Incorporation of Company. 9, Rafts ^boomed, how .^rdtected', &c. S. Capital. 10.^ Disputes, how settled. 3. First meeting, when. 11.* When shares'inay be assessed, &:c. 4. Deposit, when to be made. 12. Debts, who liable for. 5. JTavigation preserved. 13. "When powers of Company to cease. 6. Booms, when to receive;lumber. ,14. Private property, how protected. 7. Charges for securing same. 15. Limitation. 8. Lien for boomage. . „ , , ^ Passed 2fth March 1845. Whereas the erection of a Boom or Booms at or near the mouth of the Nashwaak River, in the County of York, will be a great benefit to persons engaged in the lumber business, by enabling them to secure timber, logs, and other lumber floating down the said River Nashwaak, at a moderate expense: And whereas it is deemed expedient to incorporate a Company for that purpose ; — Be it therefore enacted, &fc. — 1. William J. Bedell, Charles Macpnerson, George L. Hatheway, John MacBean, Archibald M'Lean, and their associates,' successors, and assigns, be and they are hereby, declared to be a body corporate, by the name of " The Nashwaak Boom (Company," and shall have all the general powers made incident to a Corporation by Act of Assembly in this Province, for the purpose of erecting and maintaining a Boom or Booms and any other works on the shore connected therewith, at'or near the moutli of the Nash- waak aforesaid, for the more convenient collecting, picking up, securing, and rafting timber, logs, and other lumber floating down the said River Nashwaak, anrf for carrying on and managing the same. 2. The capital stock of the said Corporation ^hall, be five hundred pounds current money of New Brunswick, and shall be divided into fifty .shares often pounds each. 816 BOOM COMPANIES. [8 V C 55 3. The first meeting of the Corporation shall be called by William J. Bedell, Esquire, or in case of his death or refusal to act, by any two of the said Corporation, after ten days notice in a Newspaper published in Fredericton, for the purpose of organizing the said Corporation, which meeting shall be held at the time and place mentioned in such notice. 4. The subscribers for stock in the said Corporation shall, previous to the first meeting of the said Corporation, pay into the hands of such person or persons as the persons incorporated by the first Section of this Act, or the majo* part of them, or in case of the death of any of them, the major part of the survivors shall appoint, such a deposit or instalment on the capital stock of the said Corporation they subscribe for, as the said persons incorporated, or the major part of them as afore- said, may appoint and determine, due notice being given at the time of the notice calling the first mfeetihg of (he members and stockholders of the Corporation, of the time or several periods of time when, and of the place and places where, and person or persons to whom the said instalment or deposit shall be paid ; and the said instalment or deposit shall be taken and allowed to every subscriber who shall pay it, as part of the capital stock required to be paid in under and by virtue of this Act, and every subscriber who shall neglect or refuse to pay in the said deposit or instalment shall be deemed a defaulter, and no subscriber shall, upon any pretence whatsoever, vote at the first meeting for the choice of Directors upon any share or shares, unless he has paid the said deposit or instalment. 5. The Booms shall be so constructed as to admit the passage of rafts and boats, and to preserve the navigation of the river. 6. The said Corporation shall and they are hereby required to ke^p the said Booms open and in order to receive timber, logs, and other lumbef floating down the River Nashwaak, from the opening of the Spring and after the river is clear of ice, until [the words here omitted are repealed by 11 V. c. 52, s. 2,] in each and every year during the continuance of this Act. 7. The said Corporation shall be entitled to receive a sum not exceeding one shilling and two pence per ton for each ton of square timber, and a sum not exceeding [the words here omitted are repealed by 11 V. c. 52, s. 2,] per thousand for 8 V C 55] BOOM COMPANIES. 817 each and every thousand superficial feet of logs and other lumber which they shall secure and raft in a substantial manner with good and sufficient boom poles, and put in good and suflicient joints, such as are usually made, preparatory to their being put in large rafts for transportation to Saint John ; such payments being in full for rafting and securing the said timber as aforesaid, and also for collecting and keeping up and float- ing down the said timber, logs, and other lumber so rafted in the said Boom or Booms, from the mouth of Penniak to the mouth of the Nashwaak, and also for all scattered timber, logs, and other lumber, which by the force of the current or water may be drawn into the said Boom or Booms, and secured thereby, and so rafted in joints. 8. The said Corporation shall have a lien on all timber, logs, and other lumber which may be rafted in the said Boom in joints fit to be carried to Saint John in the manner prescribed by the seventh Section of this Act, or which shall be carried into the said Boom by the force of the current ; and the said Corporation, or agent or agents, may retain the said timber, logs, or other lumber, or sufficient part of them to pay the boomage, until such boomage is paid or secured. 9. For any floating joints or rafts of timber, logs, or other lumber without men on, which may run into the said Boom or Booms by force of the current or accident, or be caught therein, the said Corporation shall protect such joints or rafts, and be entitled to receive therefor at and after the rate of two pence for each and every ton of such timber, and six pence per thousand superficial feet for every thousand superficial feet of logs or other lumber, provided that the said Corporation shall not be entitled to receive for any such raft or joint a larger sum than three pounds. 10. All questions of difference or dispute of any kind relating to the quantity of timber, logs, or other lumber, or to the mode of rafting the same, shall be submitted to the award or arbi- trament and determination of three persons indifferently chosen between the parties, the award and determination of them or any two of them shall be final and conclusive between the p&rties, which referees^ or any two of them, shall also determine and award by whom and how the expense of such reference shall be paid. 52 818 BOOM COMPANIES. [8 V c 55 11. The said Corporation shall have power to levy and col- lect assessments upon the shares from time to time of such sums of money as may be deemed necessary for carrying on the business of the said Corporation, and whenever any such assessment shall be made by the stockholders of the Corpora- tion, it shall be the duty of the Treasurer to give notice thereof in a Newspaper printed in Fredericton, requiring payment of the same within ten days, and if any stockholder shall neglect or refuse to pay to the Treasurer the amount of such assess- ment upon his share or shares at the time prescribed, it shall be the duty of the Treasurer to advertise all such delinquent shares for sale at public auction, giving at least fifteen days notice of the time and place of such sale, and all shares upon which the assessment is not then paid, with interest from the time such assessment became due, shall be sold to the highest bidder, and after retaining the amount of assessment and interest due on each share, and the expense of advertising and selling, the residue (if any) shall be paid over to the former owner, and a new certificate or certificates of the shares so sold shall be made out and delivered to the purchasers ; pro- vided always, that no assessment shall be made except by a vote of the stockholders, and by a majority of all the shares. 12. The members and stockholders of the said Corporation shall be chargeable in their private and individual capacity, and shall be holden for the payment of all debts at any time due from the said Corporation, or damages sustained by the default or neglect of the said Corporation, or their agents or servants, in proportion to the stock they respectively hold ; provided however, that in no case shall any stockholder be liable to pay a sum exceeding the amount of stock actually then held by such member or stockholder, in addition to the stock then held by such stockholder ; provided nevertheless, that nothing herein contained shall be construed to exempt the joint stock of the said Corporation from being also liable for and chargeable with the debts and engagements of the same. 13. Unless a good and sufficient Boom for the purpose con- templated by this Act shall be erected within twelve months after the passing of this Act, and a certificate thereof under the hand of the agent or the principal officer of the said Cor- poration, attested to by such agent or other principal officer 8 V C 90] BOOM COMPANIES. 819 before one of Her Majesty's Justices of the Peace, and which oath such Justice is hereby authorized to administer, shall be filed in the Office of the Secretary of the Province, then the Corporate powers hereby granted shall be deemed null and void. 14. Nothing in this Act contained shall extend or be con- strued to extend to authorize and empower the said Corpora- tion, or any of their agents or servants, to enter in and upon any lands or tenements of any person whomsoever, unless the consent of the owner or owners, lessee or lessees thereof, be first had and obtained in writing ; and further provided, that the said Corporation shall be liable for all trespasses done or committed by the servants or agents of the said Corporation, in the course of prosecuting the business and object of the said Corporation, unless such consent as aforesaid has been pre- viously had and obtained. 15. This Act shall continue and be in force for five years and no longer. 8th Victoria — Chapter 90. An Act to amend the Act to incorporate the Fredericton Boom Company. Section. Section. 1. Incorporation of Company. 9. Charges for driving Timber, &c. S. Capital. 10. WliatplacestobekeptclearofTimber,&c. 3. When to be liabla, and fcr what Timber. 11. When to be driven to Crock's point.. 4. Driving, &c. Timber, how done. 12. Lien to secure charges. 5. On being rafted,,how to be disposed of. 13. Down what Tributaries may be driven. ' 6. If passing Boom, what to be dune. 14. Owners fronting on Saint John, not to be 7. Survey. * , , interfered with. '8. Operations, how far extended. 15. Limitation. Passed lith Jpril 1845. Whereas it is expedient to amend the Act made and passed in the seventh year of the Reign of Her Majesty Queen Victoria, intituled An Act to incorporate the Fredericton Boom Company, to increase the capital stock and enlarge the powers of the said Company ; — Beit therefote enacted, ^c. — 1. The stockholders of the said Corporation shall be and they are hereby empowered and authorized from time to time hereafter, at any general meeting to be for that purpose called and holden, to increase the capital stock of th^ said Company to an amount not exceeding in the whole four thousand pounds ; which additional stock shall be divided into shares of twenty five pounds each, making the 820 BOOM COMPANIES. [8 V c 90 whole capital stock of the said Company, when called in, to consist of one hundred and sixty shares, and which shall be disposed of in such manner and subject to such rules and regu- lations as the said stockholders may prescribe and determine. 2. All and every the additional shares in the capital stock of the said Company created under and by virtue of the provi- sions of this Act, and the holders thereof, shall at all times be subject and liable to all and singular the rules and regulations, clauses and provisions of the Act incorporating the said Com- pany and the law of this Province. 3. The said Corporation shall be liable to pay to the owner or owners thereof, the fair value of any timber, masts, spars, logs, or other lumber which they shall have furnished the said Corporation, or their agent or agents, with the marks, agree- ably to the Act incorporating the said Company, and which shall be found below the Booms of the said Corporation at any time after the thirty first day of August in each year j provided the person or persons so claiming payment shall prove the property in the said timber, masts, logs, spars, or other lumber for which they claim payment, and also that the marks thereof had been furnished to the said Corporation, or their agent or agents, in due and sufficient time to have enabled the said Corporation to secure such timber, masts, spars, logs, and other lumber. 4. The said Corporation shall drive the said timber, logs, masts, spars, and other lumber from Crock's Point into the ISoom with as little delay as possible, and shall use all due diligence in rafting the said timber, logs, masts, spars, and other lumber of each individual owner separately, according to the marks thereon. 5. If the owner or owners of any timber, logs, masts, spars, and other lumber ?ball not within three days after the same has been rafted and surveyed, either by himself or his agent, pay the boomage thereon to the said Corporation, or their agent or agents, and take the possession and charge thereof, the said Company shall be entitled to receive a reasonable compensation for the keeping of the said timber, logs, masts, spars, or other lumber, which shall be deemed to be at the risk of the owner or owners thereof, or they are hereby authorized, i£ they see fit, to send the said timber, logs, masts, spars, and 8 V C 90] BOOM COMPANIES. 821 other lumber to Saint John, at the risk of the owner, and then, after ten days personal notice, or thirty days notice in a News- paper published in Fredericton, to sell so much thereof as shall be sufficient to pay the boomage, together with the usual freight to Saint John, expense of keeping, expenses of the sale, and all other incidental expenses, rendering the overplus (if any) to the owner, and the remaining part of such timber shall be kept till required by the owner, at his risk and expense. 6. The said Corporation shall have power to collect together, raft, and carry to Saint John, all timber, logs, masts, spars, or other lumber which shall pass out of and below the Boom by force of the current or other inevitable accident ; and when the same arrives at Saint John, to hold the said timber, logs, masts, spars, and other lumber, subject to the payment of the freight and other expense mentioned in and subject to the provisions of the fifth Section of this Act, or dispose thereof, or part thereof, for the purpose and in the manner prescribed by the said Section. 7. All timber, logs, miasts, spars, and other lumber shall be measured by a competent surveyor, duly sworn, who shall be employed and paid by the said Corporation, whose survey shall be conclusive upon all parties, unless the owner or owners of such timber, logs, masts, spars, and other lumber shall, by themselves or their agent or agents, give notice to the said Corporation, their agent or agents, within three days after the said timber, logs, masts, spars, and other lumber have been rafted and surveyed, of their dissent to such survey^ then and in such case the difference shall be settled and determined in the manner prescribed by the twelfth Section of the Act to incorporate the said Company. 8. The said Corporation shall have full power and authority to drive all timber, logs, masts, spars, and other lumber that may be run over the Grand Palls, or come out of any of the tributaries of the River Saint John below the Grand Falls, down the said River from the said Falls to Crock's Point. 9. If the said Corporation shall undertake to drive the tim- ber, logs, masts, spars, and other lumber of any person or persons down the River Saint John to Crock's Point, it shall be the duty of the said Corporation, after the owner or owners thereof shall have furnished the said Corporation, or their 822 BOOM COMPANIES. [8 V c 90 agent or agents, with the marks thereof, to drive all such tim- ber, logs, masts, spars, and other lumber that may come over the Grand Falls, or out of any of the tributaries of the Saint John below the Falls, on or before the first day of July in each and every year for which they shall so undertake to drive the same, at and for a sum not exceeding seven pence half penny per ton for every ton of square timber that shall pass over the Grand Falls, and at and for a sum not exceeding two shillings per thousand superficial feet for every thousand feet of other lumber ; and for every ton of square timber that shall run out of any of the other tributaries of the Saint John below the Falls, a sum not exceeding six pence per ton, and a sum not exceed- ing one shilling and eight pence per thousand feet for every thousand superficial feet of other lumber ; and after the marks shall have been so furnished to and received by the said Cor- poration, the said timber, logs, masts, spars, and other lumber shall be deemed to be under the full control of the said Corpo- ration and liable to the charges hereinbefore mentioned. 10. If the said Corporation shall undertake to drive the said timber, logs, masts, spars, or other lumber, it shall be the duty of the said Corporation to drive all such timber, logs, masts, spars, and other lumber which shall come over the Grand Falls, or out of any of the tributaries of the Saint John below the Falls, on or before the first day of July in the year for which they shall so undertake to drive the same, and shall use all due diligence in keeping clear all the islands, bars, and shores in the River Saint John, between the Grand Falls and Crock's Point, from such timber, logs, masts, spars, and other lumber, except the basin below the Grand Falls, and the eddies in the Falls, which they shall clear whenever the water permits, in the year for which they so undertake to drive. 11. It shall be the duty of the said Corporation, and they are hereby required to drive all such timber, logs, masts, spars, and other lumber down the River Saint John to Crock's Point, on or before the first day of August in the year for which they so undertake to drive the same, if possible ; and if it shall happen that any of the said timber, logs, masts, spars, and other lumber shall be left behind, and not driven below Crock's Point on or after the fifteenth day of October in the year for which they shalj so undertake to drive the same, the said Cor- 8 V C 91] BOOM COMPANIES. 823 poration shall be liable to pay the owner or owners thereof the fair value of such timber, logs, masts, spars, and other lumber which they shall so neglect to drive, such value to be estimated by the market price thereof in Saint John, after deducting the expense of floating the same to Saint John ; provided the owner or owners thereof shall prove their property in such timber, logs, masts, spars, and other lumber before they shall be entitled to receive payment therefor. 12. The said Corporation shall have a lien upon all the timber, logs, masts, spars, and other lumber which they shall so drive to Crock's Point, in the manner hereinbefore mentioned, for such driving, and the charge therefor provided by this Act shall be added to the boomage, and secured, reco- vered, and collected in the same manner in all respects as boomage is collected by this Act. 13. If the said Corporation shall, for the convenience of any person or persons, agree to drive down any of the tributaries of the Saint John, below the Grand Falls, into the Saint John, any timber, logs, masts, spars, and other lumber, at and for a certain price to be agreed upon therefor, the price so agreed upon shall be also added to the boomage, and shall and may be recovered and collected with the boomage in the same manner in all respects and subject to the same provisions as are in this Act provided for the collection of boomage. 14. Nothing contained in this Act, or in the Act to which it is an amendment, shall be construed to authorize the said Cor- poration, or their agent or agents, to interfere with or abridge in any manner the rights and privileges heretofore enjoyed by the owners or occupiers of any land fronting on the said River Saint John. 15. This Act shall continue and be in force so long as the said Act to which this is an amendment continues in force, and no longer. 8th Victoria — Chapter 91. An Act to continue and amend the Act to incorporate the Arestook Boom Company. Bection. Section. 1. What part of what Act repealed. 3. May liaite with what Company. S. First meeting, how called. , i, Limitation. Passed lith Jpril ISiS. 824 BOOM COMPANIES. [8 V C 91 Whereas some of the provisions of the Act to incorporate the Arestook Boom Company are defective, and an amend- ment is necessary to attain the objects of the Corporation; — Be it therefore enacted, ifc. — 1. So much of the fifth Section of the Act made and passed in the seventh year of the Reign of Her Majesty Queen Victoria, intituled An Act to incorpo- rate the Arestook Boom Company, as prescribes the mode of determining the time of opening the Boom by the votes of the timber holders, be and the same is hereby repealed ; and the mode of determining the time shall be provided for and regu- lated by such bye laws as the Corporation shall from time to time make for that purpose. 2. The first meeting of the said Corporation shall be called by William J. Bedell, Esquire, or in case of his death or refusal to act, by any other member of the said Corporation, after ten days notice in a Newspaper published in Fredericton, for the purpose of organizing the said Corporation ; which meeting shall be held at the time and place mentioned in such notice. 3. The said Corporation shall have power to unite with the Fredericton Boom Company under such rules, regulations, and restrictions as maybe agreed upon between the said Corpora- tion, and such union shall be deemed to have taken place and been perfected, when the said Corporation shall severally declare by a bye law to be for that purpose made, the fact of such union ; and from and after such union, the Fredericton Boom Company shall be deemed to be clothed with all the powers and privileges granted to the Arestook Boom Company, in the Act incorporating the said Company, as fully and effectually as if the said Company had been vested therewith by law, and shall be authorized and empowered to carry out all the objects provided for in the Act to incorporate the Arestook Boom Company, as fully and effectually as if the provisions of the said Act had been incorporated in the Act to incorporate the Fredericton Boom Company; and the several tolls and charges therein shall be added to any boomage which logs, ma^ts, spars, ^nd ofher lumber would be liable to pay, and secured and collected in the same manner, ?ind subject to the same provisions ih all respects. 4. This Act shall caqtinue and be in force so Ipng as the said Act to which this is an amendment continues in force, and no longer. 9 V c 34, 45] BOOM companies. 825 9th Victoria — Chapter 34. An Act to empower the owners of certain Saw Mills on Hammond River, in King's County, to erect and keep up a Boom or Booms for the securing of Saw Logs on the said River. Section. Section. 1. Incorporation of Company. 2. Limitation. Passed Wth April \MG. Be it enacted, ifc. — 1. From and after the passing of this Act, it shall be lawful for the owner of Saw Mills on Hammond River, in the County of Kings, to erect and keep up such Boom or Booms across the said river, as may be necessary for stopping and securing such logs as may by the owners thereof, be intended to be sawn at the said Mills ; provided always, that there shall be left a convenient passage, sufficient for the floating down past the said Mills of all saw logs, and timber of whatever description, that may by the owners thereof be intended to be floated down the said river ; and provided also, that the owners of the ^aid saw mills shall furnish the neces- sary hand^, as nearly as may be in proportion to the quantity of saw logs which they may own in any drive of timber or saw logs, to assist in assorting or securing the same, as the case may be, at all times when the owners of such logs and timber as may be intended to be floated down the said river, may think proper to attend the assorting and driving the same. 2. This Act shall continue and be in force for five years. 9th Victoria — Chapter 45. An Act to incorporate the Tobique Boonj Company. Section. Section. 1. Incorporation of Company. 5. Penalty for injuring Boom. 2. Boom, &c. to be ^rect^d ; navigation 6. Bgomase,' &c. preserved. 7. Act, when void. a. Bmvate rights protected. 8. Limitation. 4. Rafting timber, &c. in Boom. ' ■ Passed \Uh April \%^i. Whereas the erection of a Boom at or near the mouth of the Tobique River will be convenient and advantageous to the commercial interests of the Province ; — Be it enacted, ^c. — 1. Benjamin Beveridge, Thomas Pick- ard, Charles M'Mullen, Amos Dickinson, Robert A. Hay, and Samuel Dickinson, their associates, successors, and assigns, 836 BOOM COMPANIES. [9 V c45 be and they are hereby created and declared to be a body politic and corporate, by the name of •' The Toblque Boom Company," and by that name shall have all the general powers and privileges made incident to a Corporation by Act of As- sembly in this Province, for the purpose of erecting, building, and maintaining a Boom across the Tobique River, below the narrows in the said river, to secure the timber, logs, and other lumber floating down the same. 2. The said Corporation may erect and maintain a Boom across the said Tobique River, at some convenient place below the narrows thereof, for the purpose of stopping and securing timber, logs, masts, spars, and other lumber floating upon the said river, and may erect certain Piers and Booms, such as they may think necessary ; provided that the said Booms be so constructed as to admit the passage of rafts and boats, and preserve the navigation of the river ; but no person shall be allowed at any time to encumber the said Boom either with rafts of timber, logs, or other lumber, nor be allowed a passage through the same with such rafts, when the opening of the Boom for that purpose would endanger the safety of any tim- ber, logs, or other lumber contained therein. 3. Nothing in this Act shall authorize or be construed to authorize the said Corporation to enter upon the lands, or use the private property of any person or persons, for the purpose of erecting or securing the said Boom, without their consent flrst had and obtained for that purpose. 4. It shall be the duty of the Corporation to cause the pas- sage ways or open space in said Boom to be carefully guarded, so that no lumber may be permitted to escape; and if the owner or owners of any timber, logs, masts, or other lumber do not wish the said Corporation to raft their timber logs, masts, or other lumber, it shall be the duty of the owner or owners thereof to raft and take said timber out of said Boom ; but in case the owner or owners of said timber, logs, masts, or other lumber do not remove the said timber, logs, masts, or other lumber from said Boom, after said timber, logs, masts, or other lumber remain in said Boom for two days,, it shall be lawful fqi* said Corporation to raft said timber and logs, masts, and other lumber, safe and securely in joints, loaded suitably for the navigation of the River Saint John, for pine timber with 9 V C 45] BOOM COMPANIES. 827 two good boom poles at least, and hard wood pins, said joints to be of the size as are commonly made, and to secure the same below the Boom twenty four hours ; and if the owner or owners, on the expiration of the time aforesaid, have not re- moved or taken charge of the same, by putting his or their ropes thereon, the Corporation may remove or secure the same in some convenient place, and the owner or owners shall pay such expenses as may arise in the removal or securing the same ; and should any person suffer loss in consequence of the neglect or carelessness of the said Corporation, or their agent or agents, the said Corporation shall be accountable for such loss ; and the said Corporation shall cause the timber, logs, or other lumber to be rafted without any unnecessary delay, as soon after it comes into the Boom as possible, the said Corpo- ration not being bound to drive any timber, logs, or other lumber into the Boom that may be aground above it. 5. If any person or persons shall wilfully injure or destroy the said Boom, or any pier thereof, such person or persons so offending shall, upon conviction thereof before any two of Her Majesty's Justices of the Peace for the County of Carleton, forfeit and pay a sum not exceeding ten pounds^ with costs of prosecution, to be levied by warrant of distress and sale of offender's goods and chattels, rendering the overplus (if any) to the offender or offenders ; and for want of sufficient goods and chattels whereon to levy, it shall and may be lawful for said Justices to issue their warrant to commit said offender or offenders to the common gaol of the County, there to remain without bail or mainprize for such period as may be specified in such warrant, not exceeding one day for every two shillings of such penalty. 6. There be allowed to the Corporation a toll or boomage upon all square timber thus boomed, the sum of six pence per ton, and for rafting and securing as aforesaid, the sum of ten pence per ton upon all timber, and the sum of two shillings per thousand superficial feet for rafting other lumber, and the sum of nine pence per thousand superficial feet for the boomage of all logs ; and the said Corporation shall have a lien on all tim- ber and other lumber thus boomed and rafted, for the payment of all such toll or boomage and other expenses ; such person or persons owning timber or other lumber to furnish to the 828 BOOM COMPANIES. [10 V c 72 Corporation or their agent a proper and correct description of his or their several marks, before the same comes into the Boom ; the Corporation shall not be bound to secure or take care of any timber or lumber until the marks are so furnished ; and if no owner appears to claim timber or lumber so coming into the Boom, it may, after twenty days notice, be sold ; and if at any time within two years the owner should appear and prove to the satisfaction of the Inferior Court of Common Pleas in the County of Carleton, he may receive the net proceeds, after deducting toll and other expenses ; but if not proved and claimed within two years, the proceeds to be paid to the Trea- surer of the County for the uses and purposes of the County; all timber and other lumber to be measured by a sworn Sur- veyor legally appointed, the expenses to be borne equally alike by both parties. 7- Provided always, that unless a good and sufficient Boom be actually erected as contemplated by the provisions of this Act, and a certificate of the said erection, signed and verified on oath by the Directors or Manager of the said Corporation, which oath any Justice of the Peace may administer, shall be filed in the Office of the Secretary of the Province before the expiration of three years after the passing of this Act, the operations of this Act shall cease, and the existence of the said Corporation be terminated at the expiration of the said three years. 8. This Act shall continue and be in force until the first day of May which will be in the year of our Lord one thousand eight hundred and fifty six. 10th Victoria — Chapter 72. An Act to incorporate the South Bay Boom Company. Section. 1, Incorporation of Company. S. Capital. 3. DepoBit, when to be made. 4. General meeting* when, &c. 5. Owner of shares how to rote. €. Officers, how appointed, &c. 7. Directors, how elligible. 8. Annual general meeting. 9. Lien for boomage. 10. Timber secured to piers, Ice. what boomage. 11. Shares, how assessed, &c. Section. 12. Debts, who liable for. 13. Losses of timber, iflcc. how far liable. 14. River St. John, how much may occupy. 15. Boomage. 16. Who liable for boomage; 17. Surveyors of timber, account of. 18. Commissioners to inspect Boom, bow ap- pointed. 19. How compensated. 20. Statement of affairs, before whom laid. 21. Extent of boomage allowed. Passed Uth April 1847. 10 V C 72] BOOM COMPANIES. 829 Whereas in consequence of the great losses and damage that have at different times happened from the want of proper places near the mouth of the River Saint John in which to secure timber, logs, masts, spars, and other lumber, brought to the Saint John market, it is deemed expedient to erect and maintain Piers and Booms in the said River Saint John, in that part thereof which is between the point at the head of South Bay, formerly owned by Shubel Stevens, and known as the Elm Tree Point, and Musquito Head, so called, for the purpose of preventing a recurrence of such losses and damage : And whereas it is deemed expedient to incorporate a Company for that purpose ; — Be it therefore enacted, ifc. — 1. James Kirk, Stephen Wiggins, John Wishart, James Travis, Frederick A. Wiggins, John Robertson, John Duncan, John R. Partelow, Alexander Seely, Moses Tuck, Isaac Woodward, Robert Stevens, John Mackay, Michael Fisher, John Pollok, Honorable R. L. Hazen, William Johnston Ritchie, Charles Brown, and tbeir associates, successors, and assigns, be and they are hereby declared to be a body corporate, by the name of " The South Bay Boom Company," and shall have all the general powers and privi- leges made incident to a Corporation by Act of Assembly in this Province, for the purpose of placing, erecting, and main- taining Piers and Booms, and any other works on the shore connected therewith, in that part of the River Saint John which is between the point formerly owned by Shubel Stevens, and known as the Elm Tree Point, at the head of the South Bay, and Musquito Head, so called, for the more safe and convenient depositing and securing of timber, logs, masts, spars, and other lumber, and for carrying on and managing the same. 2. The capital stock of the said Corporation shall be six thousand pounds of current money of New Brunswick, and shall be divided into one thousand shares of six pounds each; and a subscription list shall be opened in some public place in the City of Saint John, of which thirty days notice shall be given in one or more of the City papers, and no individual shall be allowed to subscribe for more than twenty five shares until after said subscription list shall have remained open to the public for fifteen days, at the end of which time, should the list not be filled up, any person may subscribe for what number of shares he may think proper. 830 BOOM C0MPANIE3. [10 V c 72 3. The subscribers for stock in the said Corporation shall, previous to the first meeting of the said Corporation, pay into the Commercial Bank of New Brunswick, to the credit of the said Corporation, an instalment or deposit of ten per centum on the capital stock of the said Corporation they subscribe for, twenty days notice being given at the tirnB of the notice calling the first meeting of the members and stockholders of the said Corporation, of the time when said instalment or deposit shall be paid, and the said instalment or deposit shall be taken and allowed to every subscriber who shall pay it as part of the capital stock required to be paid in under and by virtue of this Act, and every subscriber who shall neglect or refuse to pay in the said deposit or instalment shall be deemed a defaulter, and no subscriber shall upon any pretence whatsoever vote at the first meeting for the choice of Directors upon any share or shares unless he has paid the said deposit or instalment. 4. When the whole number of shares shall have been sub- scribed, a general meeting of the subscribers shall be held at the City of Saint John, and shall and may be called by James Kirk, Esquire, or in case of his death, absence, or refusal to act, by any two of the said Corporation, by giving notice thereof for thirty days in one or more of the public Newspapers published in the City of Saint John, for the purpose of making, ordaining, and establishing such bye laws and regulations for the good management of the affairs of the said Corporation, as they shall deem necessary, and also for the purpose of choosing seven Directors, being stockholders, which Directors so chosen, shall at their first meeting after their election choose one of their number President of the said Company, and shall serve until the first annual meeting of the Company, or until others are chosen in their stead ; which Directors shall have full power and authority to manage the concerns of the said Company, and shall commence the operations thereofj subject nevertheless to the laws and regulations which may from time to time be made by the said Corporation. 5. Every person owning a share in the capital stock of the said Corporation shall be a member thereof, and be entitled to vote at all meetings of the same, and members may give as many votes as they own shares, and absent members may vote by proxy, such proxy being a shareholder and authorized in writing. 10 V C 72] BOOM COMPANIES. 831 6. The Directors, or the major part of them, shall have the power, and they are hereby authorized to appoint a superin- tendent and such other officers as they may from time to time require, and likewise to allow them such salaries as they may think proper, such superintendent and officers being subject to dismissal by the said Directors, or the major part of them, when the said Directors shall deem it expedient so to do, and others to be appointed in their stead ; and it shall not be lawful for any stockholder to be an officer or servant of the Company, nor shall il be lawful for the said superintendent, during the period of his holding such situation, to be engaged in dealing in timber or other lumber, cither directly or indirectly, on his own account, or as agent for any other person or persons ; and further, it shall not be lawful for such superintendent to hold the office of surveyor of lumber for any other than the purposes of the Company. 7. No person shall be eligible for a Director unless such person is a stockholder, holding not less than twenty five shares of the capital or stock of the said Corporation. 8. There shall be a general meeting of the stockholders of the said Corporation, to be annually holden on the second Monday in May in each and every year at the City of Saint John, at. which annual meeting there shall be chosen by a majority thereof, seven Directors, who shall continue in office for one year ; and the Directors so chosen shall, at the. first meeting after their election, choose out of their number a President ; provided that three of the Directors in office shall be re-elected, of whom the President shall always be one. 9. The said Corporation shall have a lien on all timber, logs, masts, spars, and other lumber, which shall be carried^ received, or which shall enter into or within the said Piers and Booms ; and the said Corporation, or their agent or agents, may retain the said timber, logs, masts, spars, and other lumber, or sufficient part of them, to pay the boomage, until such boomage is paid or secured ; provided always, that nothing herein contained shall be construed to prevent the said Corpo- ration from recovering the amount and amounts of such boom- age by suit and suits at law, of and from all party or parties chargeable with and entitled to pay the same. 10. For all timber, logs, masts, spars, or other lumber that 832 BOOM COMPANIES. [10 V c 72 shall be fastened to or secured by the said Piers or Booms, or any of them, on the outside thereof, the said Corporation shall be entitled to receive the same amount and amounts as if the said timber, logs, masts, spars, and other lumber, had been carried, received, or had entered into or within the said Piers and Booms, or any of them ; and the said Corporation shall have the like lien and the same remedies for the recovery thereof, as in the last Section specified^ and such rafts as may be made fast outside of the Piers or Booms shall be under the control and direction of the superintendent and officers, the same as if placed inside the said Boom. 11. The said Corporation shall have power to levy and collect assessments upon the shares from time to time, of such sums of money as may be deemed necessary for the carrying on the business of the said Corporation, and whenever any such assessment shall be made by the Directors of the Corpo- ration, it shall be the duty of the Treasurer to give notice thereof in a Newspaper printed in the City of Saint John, requiring payment of the same within thirty days ; and if any stockholder shall neglect or refuse to pay to the Treasurer the amount of such assessment upon his share or shares at the time prescribed, it shall be the duty of such Treasurer to adver- tise all such delinquent shares for sale at public auction, giving at least thirty days notice of the time and place of such sale, and all shares upon which the assessment is not then paid, with interest from the time such assessment became due, shall be sold at public auction toth)e highest bidder^ and after retain- ing the amount of assessment and interest due on each share, and the expense of advertising and selling, the residue (if any) shall be paid over to the former owner, and a new certificate or certificates of the shared so sold shall be made out and deli- vered to the purchasers. 12. The members and stockholders of the said Corporation shall be chargeable in their private and individual capacity, and shall be holden for the payttient of all debts at any time due from the said Corporation, or damage sustained by the default or neglect of the said Corporation, or their agents or servants, in proportion to the stocfc respectively held by such shareholders; provided however, that in no case shall any stockholder be liable to pay a sum exceeding the amount of 10 V C 72}| BOOM COMPANIES. 833 stock actually then held by such member or stockholder, in addition to the stock then held by such stockhalder ; provided nevertheless, that nothing herein contained shall be construed to exempt the joint stock of the said Corporation from being also liable for and chargeable with the debts and engagements of the same. 13. The said Corporation shall not be liable for the loss of any timber, logs, masts, spars, or other lumber which may pass out of or by the said Piers and Booms, or escape there- from, unless such loss is occasioned by their wilful neglect or default, or the wilful neglect or default of their agents or ser- vants. 14. The said Corporation shall have power and authorily, by themselves or their superintendents, agents, and workmen, to enter in and upon, and occupy for the purpose aforesaidj all and any of the waters of the said River Saint John within the limits hereinbefore specified, leaving free access for boats or scows to the shores within the said limits, unless in such cases when they may enter into a special agreement with the owners or occupiers of said shores, for compensation for' damages sustained by them in the occupation thereof by the said Corpo- ration. — [See 11 V. c. 5.] 15. The said Corporation shall be entitled to receive on all timber, logs, masts, spars, or other lumber which shall be carried or received, or which shall enter into or within said Piers and Booms, or any of them,tand which shall be fastened to or secured by the said Piers or Booms, or any of them, on the outside thereof^ a sum not exceeding one penny halfpenny for each and every ton of square timber, two pence for each and every ton of round timber,i measured as square, three pence for each and every thousand superficial feet of logs, masts, spars, and round timberr,. the above rates to be charge- able by the said Corporation up to the first day of June next ensuing'thetimethetimber< logSj masts, spars, or other lumber shall be received or deposited, and one half of the said rates in addition for each succeeding year, or any part thereof, that tbe said timber, logs, masts, spars, and other lumber shall be continued within said Boomi. 16. All persons having or taking charge of timber or other lumber, when the same shalLbe put within, or enter within the 53 834 BOOM COMPANIES. [10 V c 72 Piers and Booms, or be fastened thereto, shall, in addition to the owner or owners thereof, be liable to pay the boomdge thereon. noiim -^il'i X^ 17. Every surveyor of lumber measuring or surveying timber or other lumber, which timber or lumber shall enter within the said Piers or Booms, or be fastened thereto, shall render an exact account of the same, with the marks and owner's name, to the superintendent or agent appointed by said Corporation to receive the same ; said account to be given within ten days of the time of such survey or measurement, at the oiSce of the said Corporation, under a penalty of five pounds for every neglect or refusal so to account to the said Corporation for the quantity surveyed or measured ; and in default of such account being rendered, it shall be lawful for the said Corporation to take an account of such timber, at the expense of tbe owner or owners thereof, and the said Corporation shall have the like lien on the timber, of which an account shall be so taken, and the like remedies for the recovery of such expenses and penal- ties that are given by this Act for the security and recovery of the boomage payable under this Act. 18. It shall and may be lawful foe the Lieutenant Governor or Administrator of the Government for the time being, by and with the advice of the Executive Council, to appoint two Commissioners residing in the City or County of Saint John, which Commissioners so appointed shall be empowered, and they are hereby required and directed on the completion of said o; Piers and Booms, and before any timber, is received by the Corporation, of which due notice shall be given them by the Directors, to repair to the said Boom and carefully inspect the same, and should they consider that any additional improvement 3 or alterations are necessary for the preservation of the timber or other lumber to be depbsited within said Boom, the same "' shall be immediately made by the Corporation "^under the direction of said Commissioners, and to their entire satisfaction; < and further the said Commissioners shall afterwards from time to time inspect the said Piers and Booms, and see that the same are kept in efficient repair, and give notice to the Cor- ■s poration of any additional improvements or alterations the said Commissioners may -think necessary, which improve>meHts or alterations shall be forthwith made by the said Corporation 11 V C 49] BOOM COMPANIES. 835 within a reasonable time, to the satisfaction of said Commis- sioners. 19. The said Corporation shall make a reasonable compen- sation to the said Commissioners for the time occupied by them in the discharge of the above duties. 20. The Directors shall at the general meeting to be holden in every year, lay before the stockholders, for their information, an exact statement of the then state and affairs of the Com- pany ; which statement shall be signed by the Directors and attested by the Secretary, and a duplicate thereof in like manner signed and attested, shall be transmitted to the Secre- tary of the Province for the information of His Excellency the Lieutenant Governor or Administrator of the Government for the time being, and the Legislature of the Province. 21. No higher rate of boomage shall be charged by the said Corporation than will afford a dividend of ten per centum on the moneys invested, after allowing for the wear and tear, and the necessary expenses connected with the proper management of the affairs of the Corporation. 11th Victoria — Chapter 49. An Act in amendment of and in addition to an Act intituled An Act to incorporate the South Bay Boom Company. Section. •^'■' *''■] '' Section. "^ '■■' '^ ►" 1. Deiinquents, wlten noay be sued^. ^ , ^ . . 6, . Peiialty for iuterferine wtitli warps. &c. 2. Declaration in an action. ' >' ^ j^ Owners of timber in Boom, when liot to 3. Proof on trial, .,,. ■!■"!, > obstruct others,, &c. 4. Directors, 'when may raise money. 8. "Capital, when may be increased. 5. New rate of boomage. << - 9, Additional shares, to what subject. Piissed 30th March 1848. Be it enacted, Sfc. — 1. If at the time appointed by the South Bay Boom Company, incorporated by Act of Assembly of this Province made and passed in the tenth year of Her present Majesty's Reign, or the Directors thereof, for the payment of any call already made or hereafter to be made, any shareholder shall have failed or shall fail to pay the amount of such call, or any part thereof, it shall be lawful for the said Company to sue such shareholder for the amount thereof, or so much thereof as may be and remain due and owing thereon, in any Court of law or equity having competent jurisdictipn, 836 BOOM COMPANIES. [11 V c 49 and to recover the same with lawful interest from the day on which such call was payable, with costs of suit. 2. In any action or suit to be brouight by the said Com-pany against any shareholder to recover any money due for any call, it shall not be necessary to set forth the special matter, but it shall be sufficient for the said Company to declare that the defendant is the holder of one share or more in the said Company, [state the number of shares] and re indebted to the said Company in the sum of money to' which the callsin arrear shall amount in respect of one call or more (ipori one share or more, [state the number and' amount of such calls'] which an action hath accrued to the said Company by virtue of this Act. 3. On the trial or bearing of such action or suit, it shall be sufficient to prove th^t the defendant at the time of making such call was a holder of one share or more in the said under- taking, and that such call was in fact made, and such notice thereof given, as is directed by the Act incorporating the said Company, and to which this Act is an addition and amendment, and it shall not be necessary to prove the appointment of the Directors who made such call, nor any other matter whatso- ever, and thereupon the said Company shall be entitled to recover what shall be due upon such call, and interest thereon, unless it shall apperir due notice of such call was not given. 4. It shall and may be lawful for the Board of Directors of the said Company, when and so often as they may deem it expedient and necessary for the interests of the said Com- pany, to raise such siim or sums of money as may be required for completing, extending, repairing, or otherwise improving the said Piers afid Booms, or other the property of the said Corporation, or for the purpose of more effectually enabling the said Directors to carry into effect the objects and intentions of the sftid Company, bf pledging as security therefor the property of said Company, or the booniage, property, and proceeds thereof, in such manner, and for such times, and upon such terms as they ma!y cottsidei' expedient or right, provided the whole amount so obtained does not exceed the sum of two thousand pounds. 5. The said Corporation shall be entitled to receive on alt timber, logs, masts, spars, or Other lumber which shall be carried or received, or which ghall enter into or within said 11 y C 49] BOOM COMPANIES. 837 Piers or Booms, or any of them, and which shflU be fa,st€ned to or secured by the said Piers or Booms, or ,a»y of them, on the outside thereof, a sum not exceeding two pence for each and every ton of square timber ; three pence for each and every ton of round timber, measured as square ; four pence for each and every thousand superficial feet of logs, masts, spars, and round timb^ ; the above rat^s to be chargeable by the said Corporation up to the first day pf June next ensuing the time the timber, logs, masts, spars, or other lumber shall be received or deposited, and one half of the said rates in addition .-far each succeeding year, or any part tbereofj that the said timber, logs, masts, spars, and other lumber shal] be continued within said Boom, the same to be in lieu of the rates established and authorized by tbp Act incorporating the said Company ; and for securing and .recovering the payment .of which boomage, the saiallew, and pay reason- able and proper compensation and satisfaction for all lands, tenements, and hereditaments taken, usfsd, occupied, altered, damaged, or spoiled fey means of and for tl)e uses and purposes of the said Co^por^jjon, g,nd ^hall pay to the owner or owners of any lands, tenements, or hereditaments they may require for the purposes of the said Corporation, a reasonable and proper compensation and satisfaction therefor, to be agreed upon by the said Corporation and tt^ respective owners and occupiers qf such Jands, tenements, and hereditaments ; and in case qf disagreement hetweea the said Corporation and the said owners or occupiers, or any of them, iben such compen- gat^n and satisfaction shall he determined by three arbitrators, one to be ehoscin by the said Corporation, and one by the owner or owners, occupier or occupiers of the private property in question ; which two arbitrators so chosen, shall choose t&e third arbititator ; and in case of their not agreeing in such choice within ten Aays after their appointment, then and in such case it shall and may be lawful for the Lieutenant Gov- 11 V C 50] BOOM COMPANIES. 841 ernor or Administrator of the Government for the time being, upon application of the said Corporation, to appoint the third arbitrator ; the award of the said arbitrators, or any two of them, shall be final and conclusive in the matters referred to them ; and in case any of the said owners or occupiers of such private property shall decline making any such agreement, or appointing such arbitrator, then and in every such case, the said Corporation shall make application to the Supreme Court of this Province, stating the grounds of such application, and such Court is hereby empowered and r«quired from time to time upon such application, to issue a writ or warrant di- rected to the Sheriff of the County of either York or Sunbury, according to the situation of the lands, tenementSi or heredita- ments, or in case of his being a party interested, then to the Coroner of the said County, and in case of the said Sheriff and Coroner being both interested, then to some person or persons who may be disinterested, commanding such Sheriff, Coroner, person or persons as the case may be, to summon and empanel a jury of three freeholders within the said County, who may be altogether disinterested ; which jury, upon their oaths, (all which oaths, as well as the oaths to be taken by any person or persons who shall be called upon to give evidence in the matter, the Sheriff, Coroner, or person or persons sum- moning such jury, is ber^l^y empowered to adjninister) shall inquire, ascertain, and assess the distinct sum or sums of money, or annual rent to be paid as the amount of compensa- tion and satisfaction for the damages that may and shall be sustained by such owner or owners, occupier or occupiers of such private property as aforesaid ; and the inquisition, award, or verdict of such jury shall be returned and filed in "the office of the Clerk of the Pleas in the said Supreme Court, and shall be final and conclusive between the parties ; which amount so assessed as aforesaid, and the costs and expenses of such proceeding to be taxed and allowed by the said Supreme Court, shall be borne by the said Corporation, and shall be by them paid within thirty days Eifter the said inquisition, award, or verdict shall be filed as aforesaid. 5. If any person or persons shall wilfully and maliciously, and to the prejudice of the said Corporation, cjit, break, dam- age,nthrow down, or destroy any af the Company's Booms or 842 BOOM COMPANIES. [11 V c 51 works erected or made by virtue of this Act, any such person shall be adjudged guilty of a misdemeanor, and every such person so offending, and being thereof lawfully convicted, shall be liable to the punishment prescribed for a misdemeanor by any law in force at the time of the commission of the offence. 6. The sixteenth Section of an Act made and passed in the seventh year of the Reign of Her Majesty Queen Victoria, intituled An Act to incorporate the Fredericton Boom Comr pany, be and the same is hereby repealed. 7. Repealed by 18 V. c. 14, s. 3. 8. This Act, together with an Act made and passed in the seventh year of the Reign of Her Majesty Queen Victoria, intituled ^ffl Act to incorporate the Fredericton Boom Company, and also another Act made and passed in the eighth year of the same Reign, intituled An Act to amend the Act to incor- porate the Fredericton Boom Company, except such parts of the said recited Acts as are repealed by this Act, be and the same are severally continued until the first day of May which will be in the year of our Lord one thousand eight hundred and sixty. 11th Victoria — Chapter 51. An Act to continue and amend the Act to incorporate the Arestook Boom Company. Section. , Section. 1. Boom, how long to be kept open. 2. Continuance of Acts. Passed 30th March 1848. Whereas an Act made and passed in the seventh year of the Reigri of Her present Majesty Queen Victoria, intituled An Act to incorporate the Arestook Boom Company, and another Act intituled An Act to continue and amend the Act to incorporate the Arestook Boom Company, require to be amended ; — Be it therefore enacted, ifc. — 1. From and after the passing of this Act, notwithstanding any thing contained in either of the said recited Acts, the said Corporation shall and they are hereby required to keep the Boom erected by the said Com- pany open during each and every year, from and after the first day of October in each and every year, under the penalty of 11 V C 52] BOOM COMPANIES. 843 one hundred pounds for each and every day the said Boom shall be kept closed after the said first day of October in each and every year. 2. The said Act made and passed in the said seventh year of the Reign of Her said present Majesty Queen Victoria, intituled An Act to incorporate the Arestook Boom Company, and also the said other Act made and passed in the eighth year of the Reign of Her said present Majesty Queen Victoria, intituled An Act to continue and amend the Act to incorporate the Arestook Boom Company, be and the same are hereby severally continued until the first day of August which will be in the year of our Lord one thousand eight hundred and fiftv five. 11th Victoria — Chapter 52. An Act to amend the Act to incorporate the Nashwaak Boom Company. Section. Section. 1. Boomage, payment of, bow enforced. 3. Booms, how long kept open. 2. Remuneration for rafting, &c, 4. Limitation. Passed 30th March 1848. Whereas it is expedient to amend the Act made and passed in the eighth year of the Reign of Her Majesty Queen Victoria, intituled An Act to incorporate the Nashwaak Boom Company^ in several respects ; — Be it therefore enacted, fyc. — 1. If the owner or owners of any timber, logs, or other lumber, shall not within three days after the same has been rafted and surveyed, either by himself or his agent pay the boomage thereon to the said Corporation, or their agent or agents, and take the possession and charge thereof, the said Company shall be entitled to receive a reason- able compensation for keeping of the said timber, logs, or other lumber, which shall be deemed to be at the risk of the owner or owners thereof; or they are hereby authorized, if they see fit, to send the said timber, logs, or other lumber, to Saint John, at the risk of the owner, and then, after ten days personal notice, or thirty days notice in a Newspaper publishied in Fredericton, to sell so much thereof as shall be sufBcieiit to pay the boomage, together ?rith the usual freight to Saint John, expense of keeping, expenses of the sale, and all other inci- 844 BOOM COMPANIES. [12 V c 62 dental expenses, rendering the overplus (if any) to the owner ; and the remaining part of such timber, logs,, or othej" lumber, shall be kept until required by the owner, at his risk and expense. ,2. From and after the parsing pif this Act, instead of the price provided by the seventh Section of the said recited Act for rafting logs and other lumber, the said Corporation shall be entitled to receive a sum not exceeding three shillings per thousand for each and every thousand superficial feet of logs or other lumber they shall secure and raft in the manner prO'- vided by the said seventh Section of the said r^jcited Act. 3. From and after the passing of this Act, sp much of the sixth Section of the said recited Act, to which this is an amend- ment, as requires the Corporation to keep the Booms open and in order, to receive timber, logs, and other lumber, until the tenth day of November in each and every year, be and the same is h&reby repealed ; and in lieu thereof, the ^d Corpo- ration shall and they are hereby required to keep the said Booms open in the manner and for the purposes mentioned and provided in the said sixth Section, until the tenth day of October in each and every year. 4. This Act shall continue and be in force sp long as the Act to which it is in amendment, and no lop^i^r. 12th Victoria — Chapter 62. An Act in addition to and in amendment of an Act intituled An Act to incorporate, the South Bay Boom Company. Section. ; ' Section. ]. Vacancies, Jiow filled up. % Directorships, how vacated. Passed 14th April 1849. . Whereas no provisipn is made, in an Act made and passed in the tenth year of Her Majesty's Reign, intituled An Act to incorporate tjie South, Bay. Boom Company, for the election of a Director or Dirpptors for sffplj.Boom pompany in the event of a vacancy or y,acaiacies ppcarring by deajbfa, removal, dis- qijialificatipn, or ot^^erwise, the want of which provision renders it inconvenient properly to carry on the operations of the Company; — i i, • Be it therefore enacted, &fc. — 1. Upon any vacancy or 12 V C 67} BOOM COMPANIES. 845 vacancies occurring in the nuhaber of Directors chosen at any annual meeting of the stockholders of the said Company, under and by virtue of the powers conveyed to the said stockholders by the eighth Section of the said Act, intituled An Act to incorporate the South Say Boom Gmvpany, whether silcH vacancy or vacancies may arise by death or resignation, or Vn case any Director should disqualify himself by the sale, disposal, or transfer of his shares, or of any of them, so as to reduce his interest in the said stock to less than twenty )5ve shares required by the said Act for the qualification of a Director, the remainder of the said Directors shall or may fill up the said vacancy or vacancies as they may occur, by choosing one of the stocks holders in the said Company, being duly qualified as is provided in the said Act of Incorporation, and the said person so chosen by the said Directors shall serve until another be chosen in his room at the next annual meeting. 2. Should any Director chosen at any general annual meeting of the stockholders, be absent from the Province for three months' at any one time, it shall then be lawful for the said Directors, at any meetitig held by- them, to declare the said member to have become disqualified, and thereupon to choose a stock- holder duly qualified as aforesaid, to be a Director in his place, which Director shall serve until the next annual meeting for the election of Directors. 12th Victoria — Chapter 67. An Act ta incorporate the Saint Stephen Upper Mills Boom Company. Section. Section. 1. Incorporation of Company. 6. Penalty for injuries to works, flee, a. Capital. _ " 7. Logs, &c. for Upper Mills, &c. how 3. iFirst meeting. , tnrned ont. 4. Vyhat lands may enter upon. 8. Unclaimed logs, for what sold, 5. Timber, &c.nsed^below UpperlMilla,&c. 9. Liinitcltion. how turned out. Passed lAtk Jpril 1849. Whereas the erection of a Boom or Booms at the Upper Mills in the Parish of Saint Stephen, ih the County of Charlotte, on the Saint Croix River, has been of great benefit to persons engaged in the lumber business, by enabling them to secure timber, masts, logs, and other lumber floating down the said river, at a moderate expense : And whereas it is deemed expe- 846 BOOM COMPANIES. [12 V c 67 dient to incorporate a Company for the purpose of managing said Booms ; — Be if therefore enacted,/fyc. — 1. John Porter, Horatio N. Hitl, Samuel S. King, Daniel Hill, George M, Portor, Samuel Hamilton, Ansel Daley, and Daniel K. Chase, their associates, successors, and assigns, being mill and log owners, be; and they are hereby declared to be a body corporate, by the name of "The Saint Stephen Upper Mills Boom Company," and shall have all the general powers made incident, to a Corporation by Act of Assembly in this Province, for the purpose of erecting and mai;itaining a Boom or Booms, piers, and any other works on the shore connected therewith, at the Upper Mills, Saint Stetphen,for the more convenient collecting, picking up, secur- ing, or rafting timber, logs, masts, or other lumber intended to be manufactured at the Upper Mills, Saint Stephen, and at Baring, opposite thereto,. and for passing through and turning over the Dam at said Upper Mills, Saint Stephen, and Baring, all timber, logs, masts, or other lumber belonging or intended to be manufactured below the said Upper Mills, Saint Stephen, and Baring, and for carrying on and managing the same. 2. The capital stpck of said Corporation shall be fifteen hundred pounds current mopey of NewBrunswick, to be divided into shares of twenty five pounds each. 3. The first meeting of said Corporation shall be called by John Porter, or in case of his death, or refusal to act, by any two of the said Corporation, after ten days notice in writing first being posted in two open and conspicuous places at the Upper Mills, Saint Stephen, aforesaid,, at Baring, at Mill Town, Saint Stephen, and at Mill Town, Calais, for the purpose of organizing the said Corporation, which meeting shall be held at the time and place mentioned in such notice; and no person shall, until forty eight hours from the opening the books, sub- scribe for more than three shares of the capital stock of the said, Corporation. 4. Said Corporation may enter upon, occupy, and use any rocks, island^) or other land which at any time have been covered by the water of the Saint Croix River, the banks thereof, and the lands adjoining, ..for the purposes aforesaid, between the dam extending across said river at the Upper Mills, Saint Stephen, and Baring, and the head of Marpoles 12 V C 67} BOOM COMPANIES. 847 Island, for the purposes aforesaid, and may also use the same for passing and repassing on foot by the members of said Cor- poration, their servants and agents, in the care, use, and management of the works aforesaid, and for stopping, control- ing, securing, managing, and disposing of the timber, masts, logs, and other lumber aforesaid, and may take, use, and keep the piers, cross-booms, side, eddy, and other booms, and the erections and fixtures used in connection therewith, now exist- ing between the dam aforesaid and the head of Marpoles Island, and shall therefor, and also for the rocks, islands, banks of the said river, and land near thereto aforesaid, make the owners thereof, or persons entitled to it, a reasonable compen- sation, to be by the parties agreed upon, or fixed and deter- mined by three persons by said parties to be mutually chosen, or by a jury of twelve disinterested freeholders of the County of Charlotte, to be summoned and appointed in a similar man- ner as jurors for assessing damages for roads passing over private property. 5. AH timber, logs, masts, and other lumber which shall be floated into or stopped by said Booms or other works of said Company, to be used or manufactured below the Upper Mills, Saint Stephen, and Baring, shall be by the said Company turned out of and from said Booms and' other works of said Company, with all convenient and reasonable dispatch, and at said Company's expense, so they may pass down said river and over the dam befofe mentioned ; and for any and all unreasonable delay therein, and for all damages to anypersbn by or in consequence of such delay; said Company' shall be responsible and make compensation thferefor to the person or persons so delayed or damaged, to be recovered in an action on the case before any Court of competent jurisdiction to try the same ; and said Company shall be responsible for any, and pay all damages happening to any person or persons by any unreasonable neglect or omission to keep all their Said works in repair, or suitably attended by a sufficient number of com- petent men to stop and take care of, properly control, manage, and dispose of all said timber, logs, masts, and other lumber which may be drifted into or against their said works, and which should be stopped by them, to be recovered as ISst aforesaid. 848 BOOM COMPANIES. [12 V fc 67 6. If any person or jlersoBs shall wilfully injure or destroy the said Boom or Booms, or any of the piers or other works in connection therewith, such pei-son or persons so ofifending shall, upon conviction thereof before any two of Her Majesty's Justices of the Peace for the County of Charlotte, forfeit and pay a Sum not exceeding ten pounds, with costs of prosecution, to be levied by warrant of distress and sale of the offender or offenders' goods and chattels; and for want of sufficient goods and chaCTels whereon to levy, it shall and may be lawful for the said Jtistiees to issue their warrant to comimit such offender or offenders to the common gaol of the County, there to remain without bail or mainprise for such period as may be specified by such warrant, not exceeding one day for each two shillings of such penalty ; provided such offence be more aggravated, the person or persons so offending may be prosecuted for damages by the said Corporation in the Supreme Court of this Province, and upon conviction the Justices of the Supreme Court, or any one of them, is and are hereby empowered to inflict upon such offender or offenders such fine and imprisonment as in his or their opinion the nature of the offence and injury inflicted would sanction. . , ■^ i-. 7. Said Company shall without any unreasonable delay, but with all reasonable dispatch, and so far as they can be, and as fast as they mdy be wanted, turn out of their main or back Boom or Booms all the logs, masts, tinaber, and other lumber which may come into them, and which are to be uised and manufactured at the Upper Mills, Saint Stephen, and Barirrg opposite theretOj and ptit them into the sid-e 16 V C 65] BOOM COMPANIES. 855 10. The said Company shall have a lien on all timber, logs^ and other lumber which may be rafted in the said Boom in joints in the manner prescribed in the eight Section of this Act, or which may be carried into the said Boom by accident and the force of the current, and the said Company may retain such timber, logs, or other lumber, or a sufficient part thereof, until the charges for boomage are paid or secured. 11. Any person wilfully injuring any such Boom, or any of the works connected therewith, shall in addition to any liability to the said Company for any special damage sustained thereby, be liable to a penalty of five pounds, to be recovered by action of debt at the suit of the said Company, in any Court of Record in this Province. 12. All questions of difierence of any kind relating to the quantity of timber, logs, or other lumber rafted by the said Company, or the mode of rafting the same, shall be submitted to the arbitrament of three persons indifferently chosen be- tween the parties, and the award of them, or any two of them, shall be final and conclusive between the parties, and they shall also determine by whom and how the expenses of such reference shall be paid. 13. The said Company shall have power to levy and collect assessments upon the shares of stockholders from time to time, of such sums of money as may be required for carrying on the business of the said Company ; and whenever any such assess- ment shall be made by the stockholders of the Company^ it shall be the. duty of the Treasurer to give notice thereof in a Newspaper printed in Fredericton, requiring payment of the same within twenty days ; and if any stockholder shall neglect or refuse to pay to the Treasurer the amount of any such assessment upon his share or shares at the time prescribed, it shall be the duty of the Treasurer to advertise all such delin- quent shares for sale at public auction, giving at least fifteen days notice of the time and place of such sale, and all shares upon which the assessment is not then paid, with interest from the time such assessment became due, may be sold to the highest bidder, and after retaining the amount of assessment and interest due on each share, and the expense of advertising and selling, the residue (if any) shall be paid over to the former owners, and a new certificate or certificates of the 856 BOOM COMPANIES. [17 V c 10 shares so sold shall be made out and delivered to the purcha- sers ; provided that no assessment shall be made except by. a vote of the stockholders, and by a majority of all the shares. 14. The men^bers and stockholders of the said Company shall be personally chargeable in proportion to the stock they respectively bold, with the payment of the debts of the said Company^ or any damages sustained by any person from the default or neglect of the Company, their agents or servants, but no stockholder shall be liable to pay a sum exceeding the amount of stock actually then held by such member or stock- holder, in addition to the stock then held by such stockholder, provided that nothing herein, contained shall exempt the joipt stock of the said Company from liability for the debts and engagements of the same. 17th Victoria — Chapter 10. An Act to inGorporate the South West Boom Company, Section. - . , , . , n' '. Section. i ii!t< > ' '■•''• 1. dompany incorporate J ; object specified. 9. Shareholders may be sued for assesse^ S. Capital; payment jiextension.'.' capital. _ jf»«i oi 3. Pirst meeting J notice ; election of Direc- 10. Declaration in suit. , ^ tors. ' ' 11. Damagiilg Booms ; penalty. 4. Bqoms, construction of. 12. Liability of shareholders. 5. Booms to be kept open to receive lumber. 13. Corporate powers may be forfeited. 6. Bepealed. 14. No, eutry on lanfJayii^QuJ consent. 7. iiien for boomage. 15. Limitation. 8. TimberaccidentallygettiDgintotheBooiB« ' Parsed 20th March 1854,, Whereas the erection of a Boom or Booms on the South West Branch of the Miramichi River, in the County of Nor- thumberland, will be a great benefit to persons engaged in the lumber businessjtby enabling them to secure timber, logs, and other lumber floating down the said River, at a moderate expense : And whereas it is deemed expedient to incorporate a Company for that purpose; — Be it therefore enacted, ^c — 1. Rowland Crocker, Richard Sutton, William M'Kay, Alexander M'Laggan, Thomas W. Underbill, Robinson Crocker, Abel Pond, John Pond, James S. Mitchell, John M'Allister, Junior, and their associates-, successors, and assigns, be and they are hereby erected into a body corporate, by the name of " The South West Boom Company," for the purpose of erecting and maintaining such Boom or Booms, Pier or Piers, or any other works on the 17 V C 10] BOOM COMPANIES. 857 shores connected therewith, as the Corporation may think necessary or deem advisable, at or near the residence of James M'Intosh in Nelson, or within three miles distance either above or below his residence, for the more convenient collecting, picking up, securing, and rafting timber, logs, and other lum- ber floating down the said river, and for carrying on and managing the same ; and the said Corporation by such name, shall have all the powers and privileges made incident to a Corporation by Act of Assembly or otherwise. 2. The capital stock of the Corporation shall be eight hun- dred pounds, and be divided into one hundred and sixty shares of five pounds each, to be paid at such times and by such instalments as the business of the Company shall require ; and the Corporation shall, when necessary, have leave to extend the capital stock to the sum of one thousand six hundred pounds, and shall have power to increase the number of shares accordingly, or assess such increase upon the original shares. 3. The first meeting of the Corporation shall be held at John DeCantillan's in Blissfield, and shall be called by Richard Sutton, or in case of his death, neglect, refusal, or absence, by any two of the Corporation, after ten days notice of the day of such meeting published in the Gleaner Newspaper, for the purpose of choosing Directors necessary for the management of the affairs of the Company, which Directors so chosen shall serve until the first annual meeting, or until others are chosen in their stead, and shall have power to manage the affairs of the Corporation. 4. The Boom or Booms shall be so constructed as to admit the passage of rafts and boats, and to preserve the navigation of the river. 5. The said Corporation shall and they are hereby required to keep the said Boom or Booms open and in order to recieive timber, logs, or other lumber floating down the said river, from the opening ot the Spring and after the river is clear of ice, until the first day of October in each year, during the continuance of this Act. 6. Repealed by 18 V. c. 13, s. 1. 7. The Corporation shall have a lien on all timber, logsy and other lumber which may be secured in the said Boom or Booms, and may by themselves, agent or agents, retfiin the 858 BOOM COMPANIES. [17 V c TO timber, logs, or other lumber, or sufficient part thereof to pay the boomage, until such boomage is paid or secured ; and should the said boomage be not paid within five days after due notice to the owner that the timber, logs, or other lumber is rafted and ready to be delivered, the said Corporation shall be entitled to receive a reasonable compensation for keeping the said timber, logs, or other lumber, which shall be deemed to be at the risk of the owner or owners thereof, not exceeding for each week after such notice two pence per ton for timber, and four pence per thousand superficial feet of logs or other lumber. "»b ' 6 8. Any floating joints or rafts of timber, logs, or other lum^^ ber which may run into the said Boom or Booms by force of the current, or accident, the said Corporation shall protect such joints or rafts, and be entitled to receive therefor at and after the rate of two pence for eachand every ton of such tim- ber, and four pence for every thousand superficial feet of logs or other lumber, provided that the said Corporation shall not be entitled to receive for any such raft or joint a larger sum than- three pounds. liin f lo aH L-(iJ fci ■siittJ 9. If any shareholder shall fail to pay the amount of any assessment made by the said Company, or any part thereof, it shall be lawful for the said Company to sue such shareholder for the amount thereof, or so much thereof fes may remain due and owing thereon, in any Court of law or equity having com- petent jurisdiction, and to recover the same with lawful interest from the day on which such assessment was payable, with costs of suit. 'UK>0 i>jfief»rft nof aysa'l " "lo «p 10. In any action or suit to be brought by the said Corpo- ration against any shareholder to recover any money due for any call, it shall not be necessary to set forth the special matter ; but it shall be sufficient for the said Company to declare that the defendant is the holder of one or more shares in the said Company, and is indebted to the said Company in the sum of money to which the assessment or assessments in arrear shall amount, in respect of one assessment or more upon one share or more, by means of which an action hath accrued to the said Company by virtue of this Act. imi> i' / »id'i 11. If any person shall wilfully and maliciouslyiyand to the prejudice of the said undertaking, break, cut, damage, or 17 V C 10] BOOM COMPANIES, 859 destroy the said Boom or Booms, or any pier or piers, or any part thereof, or any of the warps, ropes, or fixings thereof, such person or persons so offending shall, upon conviction thereof before any two Justices of the Peace for the County of Nor- thumberland, forfeit and pay a sum not exceeding ten pounds, with costs of prosecution, and when collected to be paid and form a part of the funds of the said Corporation, and any stockholder in the said Company is hereby declared a compe- tent witness against such offender or offenders. 12. Stockholders of the said Company shall be chargeable in their private and individual capacity, and shall be holden for the payment of all debts at any time due from the said Corporation, or damages sustained by the default or neglect of the said Corporation, or their agents or servants, in proportion to the stock they respectively hold ; provided however, that in no case shall any stockholder be liable to pay a sum exceeding the amount of stock actually then held by such stockholder, in addition to the stock then held by such stockholder ; provided nevertheless, that nothing herein contained shall be construed to exempt the joint stock of the said Corporation from being also liable for and chargeable with the debts and engagements of the same. 13. Unless a good and sufficient Boom or Booms for the purposes of this Act be erected within two years after the passing of this Act, and a certificate thereof under the hand of the agent or principal officer of the said Corporation, attested to by such agent or principal officer before one of Her Majes- ty's Justices of the Peace for the said County, which oath such Justice of the Peace is hereby authorized to administer, shall be filed in the Office of the Secretary of the Province, then the corporate powers hereby granted shall be deemed null and void. 14. Nothing in this Act shall authorize and empower the said Corporation, or any of their agents or servants,jto enter into or upon any lands or tenements of any person whomso- ever, unless the consent of the owner or owners be first obtained. 15. This Act shall continue and be in force for ten years and no longer. 860 BOOM COMPANIES. [17 V c 52 17th Victoria — Chapter 52. An Act in amendment of and in addition to an Act to incorporate the South Bay Boom Company. Section. Section. 1. Extension of capital stock, &c. 4. Lien, how disposed oE 2. Powers of Company in relation to rafts, 5. Penalty for loosing fasts, &c. ; recovery 3. Power of Directors to increase boomage. and application. Passed \st May 18S4. Whereas the formation of the South Bay Boom Company, and their operations under their Charter, have so far been most successful in carrying out the objects contemplated thereby, but the present arrangements have been found inadequate fo meet the necessity that at present exists for greater security for timber after being placed within the Booms of the said Company, and the owners of timber have urged upon the said Company the necessity of enlarging its operations by erecting and placing more Piers and Booms with a view to the preven- tion of rafts or joints of timber and logs, or other materials placed within the main Boom, from being broken up and scat- tered, or otherwise interfered with by gales of wind or other causes : And whereas the present capital, or the amount the said Company are authorized to increase the same to, will be insufficient for such purpose, and the returns at present rates being inadequate to meet the increased expenditure ; — Be it therefore enacted, ifc.~-\. The said South Bay Boom Company shall have power to extend the capital stock of the said Company to an amount not exceeding in the whole the sum of ten thousand five hundred pounds, and to assess such increase on the present number of sliares, or to create from time to time such further number of shares of six pounds each, as they may deem most expedient; provided that such assess* ment or increase shall not in all exceed the sum of ten tbousamd five hundred pounds, or the number of one thousand seven hundred and fifty shares ;' and in the event of the said Direc- tors determining to assess such increase on the said present shares, then the said Company shall to such extent have power to levy and collect assessments upon the said shares from time to lime of such sums of money as may be deemed necessary for erecting iE*iers, placing Booms, or otherwise extending the works or carrying on the business of the said Company, and the same shall and may be called in, levied, and collected in 17 V C 52] BOOM COMPANIES. 861 all respects in the manner pointed out in and by the eleventh Section of an Act made and passed in the tenth year of the Reign of Her present Majesty, incorporating the said Company, and with all the like remedies, rights, powers, and privileges in every respect for recovering such calls as are granted by the said Act of Incorporation, and an Act in amendment of and in addition to the said Act of Incorporation, made and passed in the eleventh year of the same Reign ; and in the event of the said Company determining to extend the said stock by increasing the present number of shares, then the said shares so from time to time created shall be sold by public auction in the City of Saint John, at least ten days previous notice being given of the time and place of such sale. 2. And whereas the owners of rafts or joints of timber, logs, masts, spars, or other lumber, or those in the charge of or having the control thereof, frequently leave the same within the Booms of the said Company, in positions dangerous to the property of others within such Boom, without sufficiently securing the same, and often without leaving sufficient rigging or other means for properly securing the same, whereby the said Booms and the property within the same become greatly endangered, and large expenses have accrued thereby and therefrom ; — The said South Bay Boom Company, or theic superintendent, agents, and servants, shall have full power and authority to direct in what position and situation all rafts or joints of timber, masts, spars, logs, or other lumber, brought or placed within such Boopa, shall be placed, and how the same shall be secured ; and in the event of the owner or owners, or person or persons in possession or charge, or apparently in possession or charge of such rafts, joints, timber, logs, masts, spars, or other lumber, refusing or neglecting forthwith to obey such directions,, then and in every or any such case it shall be lawful for the said Company, their superintendent, agents, or servants, to employ men and furnish riggi.ng or other means as may be necessary for placing the said rafts, joints, logs, masts, spars, or other lumber, in the position or situation deemed right and proper by the said Company, their superintendent, agents, or servants, and for safely fastening and securing the same, so that the same may be kept safe and secure, and prevented from injuring or interfering with the 862 BOOM COMPANIES. [17 V fc S^ said Boom or any other property therein, and all expenses incurred by the said Company,, their superintendent, agents, or servants, shall be borne and paid by the owner or owners of such rafts, joints, timber, masts, spars, or other lumbeir; and in addition to the liability of such owner or owners, the person or persons in charge thereof, or exercising control tiiereover, shall be likewise liable therefor, the said Company shall in addition have the like lien thereon, or on any and every part thereof, for all such expenses, as they have for the boomage thereof. »,«' '*^" '-''"•' 3^3. The Board of Directors of the said Company shall have power, and they are hereby authorized to increase the rate of boomage for all timber, logs, masts, spars, or other lumber, in lieu of the rates now chargeable therefor, that is to say, the said Company shall be entitled to receive on all timber, logs, masts, spars, or other lumber which shall be carried or received, or which shall enter into or within said Piers or Booms, or any of them, and which shall be fa:stened to or secured by the said Piers or Booms,- or any of them, on the outside thereof, a sum not exceeding three pence for each and every ton of square timber ; four pence for each and every ton of round and flatted timber, measured as square ; sixpence for each 'and every thousand superficial feet of logs ; and two pence per piece for all ship knees and crooked timber ; the above rates to be chargeable by the said Corporation up to the first day of June next ensuing the time the timber, logs, masts, spars, or other lumber shall be received or' deposited, and one half of the said rates in addition for each succeeding year, or any part thereof, that the said timber, logs, masts, spars, or other lumber shall be con- tinued within said Booms, the sum to be in lieu of the rates established, and authorized by the Act incorporating the said Company, and the Act in addition to and in amendment thereof, which said several rates ishall be chargeable against the pur- chasers; and for-securing and recovering the payment of which boomage, the said Company shall have in every respect the same lien and the same remedies, rights, powevs^'and privileges as are given and provided for in and by the feaid> Act of Incor- poration, for securing, and recovering, and enforcing the pay- ment of the boomage authorized thereby. fan %wbfm- < loi. |!4. The said Company shall have full power and authority to 17 V C 59] BOOM COMPANIES. 863 sell and dispose of so much of such timber, logs, masts, spars, or other lumber, on which they may have, by virtue of this or any other Act, any lienj as may be necessary for realising the amount due to the said Company, whether for boomage, expenses,, or otherwise howsoever; provided that such sale shall be by public auction, and that ten days previous notice; of the time and place of such sale shall be first given in one or more of the public Newspapers published in the City of Saint John. 5. Any person, save the manager or agjgnt of the said Company, removing any timber, logs, or lumber within the said Booms, without the consent of the owner thereof, or loosening the fasts thereof, or of any rafts within the said Booms, without permission of the manager or agent aforesaid first obtained thereto, or not properly fastening the same again to the satisfaction of the said manager or agent, shall be liable to a penalty of fifty pounds, to be recovered before the Stipen- diary Magistrate of the City of Saint John, or of the Parish of Portland, or any two other Justices of the Peace in the City or County of Saint John, in the name of and applied to the benefit of the said Company. 17th ViCTOiiiA — Chapter 59. An Act to increase the Capital Stock of the Nashwaak Boom Company. Section. Seetion. 1'. Increase of capital atdck. 0. Company may levy and collect assess- ments, for the same. Passed 1st May 1854. Whereas it has become necessary to increase the capital stock of the Nashwaak Boom Company, to enable the said Company to extend and improve the Boom erected by the said Company ; — Be it therefore enacted, Sfc. — 1. The shareholders of the Nashvvaak Boom Company shall be and are hereby authorized to increase the capital stock of the said Company to an amount not exceeding seven hundred and fifty pounds, which additional stock shall be divided into shares of ten pounds each, and shall 864 BOOM COMPANIES. [17 V c 59 be divided in equal pcoportiana among the present stock- holders. 2. The said Company shall have power to levy and collect assessments upon such additional shares in the manner pointed out in and by the eleventh Section of an Act made and passed in the eighth year of the Reign of Her present Majesty, intituled An Act'to incorporate the NasTiwaak Boom Company. 5 V C 29] SLUICE COMPANY. 865 SAIIVT STKPHEilV »I of seven hundred and fifty pounds shall have been paid in and expended for the purposes of this Act provided, it sihall and may be lawful for the said stockholders^ at any general meeting to be called for that purpose, to in- crease the said capital stock from time to time, in such sunn or sums as they may deem expedient, to a sum not exceeding five thousand pounds, which additional capital stock shall be divided into shares, of twelve pounds ten shillings each. 6. A general meeting of the stockholders of the saidiCorpo- ration shall be held on the first Monday in April in each and every year, for the; purpose of choosing five Directors, and such other ofiicers of the said Corporation as may be deemed necessary for their affairs ; which Directors so chosen shall remain in office for one year, or until others, arc chosen in. their place, and shall at their first meeting after due election choose one of their number President of such Company ; pro- rided always,, that not less than three Directors do form a> quorum for the transaction of business, and in case of the absence of the Pnesident the Directors shall have power to appoint one of their number Chairman for the occasion. 7. No person shall be eligible as a Directon uniesfS such person is a stockholder, and holds not less than>four shares of the capital stock of the said Corporation, and. is? of the full age of twenty one years. 8. The number of votes to which each stockholder shall be entitled on every occasion when in conformity to the provisions of this Act the votes of the said stockholders are to be given,, shall be in proportion of one vote for each share of stock, and absent stockholders may vote by proxy, provided such proxy be a stockholder, and produce sufficient authority in writing, 9., The shares in the said Corporation shaill.be assignable and transferable according to such yules and regulations as; may be established in that behalf, but no assignment or trans- fer shall be valid or effectual unless entered or registered in a book to be kept for that purpose, and in no case snail any 16 V C 66] RIVER DRIVING COMPANY. 873 fractional part of a share, or other than a complete share or shares, be assignable or transferable; and when any stock- holder shall transfer in manner aforesaid all his stock or shares in the said Company, he shall cease lo be a member of the said Corporation. 10. If it should happen that the said Directors or other officers should not be chosen on the said first Monday of April in any year as aforesaid, it shall and may be lawful to choose them on any other day, between the hours of ten in the fore- noon and six in the afternoon of such day, on giving twenty days' notice of such meeting by personal notice, or by notice in writing sent by mail, or by publication in any Newspaper printed in the County of Charlotte ; and in case any Director shall be removed by the stockholders for misconduct, neglect, or mal-administration, his place shall be filled by the stock- holders, twenty days notice of the time and place of meeting for such purpose being first given as last aforesaid ; and in case of any vacancy among the Directors by death, resignation, absence, or disqualification by sale or transfer of stock, then and in either such case the said Directors shaiU and may fill up such vacancy by choosing one of the stockholders; and- the person so chosen by the stockholders or Directors shall serve until another is chosen in his steadi 11. The joint stock and property of the said Company shall alone in the first instance be responsible for the debts and engagements of the saidtCompany, and no creditor, or persou or persons having any demands against the said Company for or on account of any dealings with the said Company, shall have recourse against the separate property of any shareholder' ■ on account thereof, except in case of deficiency, or when the joint stock) of the said Company shall fall short of or not be equal to the payment of any debtfMue, or demand against the same, or upon nulla bona being returned, on any execution issued againsti the goods and chattels of the said Company, then and in either suchcase the goods and chattels, lands and tenements of eacli> shareholder shall and may be levied upon and seized respectively to satisfy such- debt or demand, -to the- 1 extent, of double the amount of the share, or shares, or interest of such shareholder in the joint stock of the said Company, but no more, and such double amount, or so much as may be 874 RIVER DRIVING COMPANY. [16 V C 66 necessary to satisfy such debt, due, or demand, shall and may be levied and seized by process of execution in the same suit in which such debt, due, or demand may be recovered against the said Company. 12. Each and every shareholder in the said Corporation shall be held liable to the said Company for each and every call or assessment made (not however to exceed in amount the stock so subscribed for) for the purpose of enabling the said Company to pay the debts and engagements of the said Cor- poration, or to carry on the operations of the said Company for which it is incorporated, e^ld shall and may be sued for by the said Corporation, and recovered in any Court of Record within this Province. 13. All the shares in the said Company shall be numbered in progressive order, beginning at number one, and every member of the said Company shall have a certificate under the seal of the said Corporation, and signed by the President and Secretary thereof, certifying his property in such shares as shall be expressed in the certificate. 14.- The said Company shall have power to levy and collect upon the shares from time to time, such sum or sums of money as shall be judged by such Corporation necessary for the pay- ment of any debts of the said Corporation, and for the purchase of such real estate and personal property, and the erecting and building dams, sluices, and other things as may be deemed necessary and requisite for carrying on the business of the said Corporation ; and whenever any assessment shalJ be made by the stockholders of the said Company, it shall be the duty of the Secretary or agent thereof to give notice of such assess- ment in some Newspaper printed in the County of Charlotte, or in the Royal Gazette, requiring payment of the same within thirty days ; and if any stockholder shall neglect or refuse to pay to the Secretary or agent the amount of such assessment upon his shares at the time prescribed, it shall be the duty of the Secretary or agent to advertise all such delinquent shares by public auction, giving at least thirty days notice of the time and place of such sale, and all shares upon which the assess- ment is not then paid, with interest from the time when such assessment became due, shall be sold to the highest bidder, and after retaining the amount of assessment and interest due 16 V C 66] RIVER DRIVING COMPANY. 875 on the same, and the expense of advertising and selling the same, the residue (if any) shall be paid over to the former owner, and a new certificate or certificates of the shares so sold be made out and delivered to the purchaser or purchasers ; provided always, that such assessment or assessments shall not in the whole exceed the amount of the capital stock appointed by this Act, or the capital stock to be increased as is herein- before directed ; and also provided, that no assessment shall be made except by a vote of the stockholders, and a majority of all the shares. 15. A special meeting of the said Company rriay be called by the Secretary or Agent, under the authority of the Directors, or of the stockholders representing not less than fifteen shares, thirty days notice at least of the time and place of such meeting being' given in some Newspaper published in the said County of Charlotte, or by personal notice, or by notice by mail as aforesaid. 16. Provided always, that unless twenty five per centum of the said capital stock shall be paid in for the purpose of this Corporation, and a certificate of such payment, signed and verified on oath by the said Directors, or a majority of them, before any Justice of the Peace, shall be filed in the Office of the Secretary of the Province before the expiration of three years next after the passing of this Act, the operation of this Act shall cease, and the existence of this Corporation termi- nated at the end of the said three years. 17. This Act shall continue and be in force until the first day of December which will be in the year of our Lord one thousand eight hundred and sixty six. 876 GAS COMPANIES. [8 V c 89 OAS COJKPAMIES. 8th ViCTORriA — Chapter 89. An Act to incorporate the Saint John Gas Light Com- pany. Section. . Section. 1. Incorporation of Company. 12. Meetings, how called, ii. Capital. ^ 13. Pipes^ where- may ^be- laid down. 3. Pirst meeting, for choosing-Directors, &c. ] 4. City Corporation} how may interfere with- 4. Annual meeting for $ame. Street works. 5. dualification of Directors. 15. Leaders for public lamp*, who to provide. 6. StockholdarsV votes. 16. Eefuse of coal tar, where not allowed to 7. Shares assignable. be drained. 8. Vacancies, how supplied; 17. What certificate filed, and where. 9. Debts, who liable for. 18. Company controlled, when, by City Cor- 10. Shares to be taken at first, how limited. poration. 11. Shares, how assessed, &c. Passed 14th April 1845.. Whekeas the establishment of a Company for the purpose of erecting Gas Works in the City of Saint John, in order^ t» furnish the means of lighting the said City and its vicinity in a superior manner, would be an object of public utility ; — Be it therefore enacted, 8fc. — 1. James Kirk, Frederick A. Wiggins, John Duncan, Alfred Smithers, William Parks, Duncan Robertson, William Henry Scovil, Robert L. Hazen, Thomas Daniel, Lemuel A. Wilmot, James Taylor, Charles Fisher, John A. Street, George S. Hill, and James Boyd, their associates, successor's, and assigns, shall be and they herebjt are erected into a body politie and corporate, by the name of " The Saint John Gas Light Company," and shall have all the general powers and privileges made incide,nt to a Corporation by Act of Assembly in this Province, for the purpose of light- ing the City of Saint John and its vicinity with Gaisi, and for all necessary works therewith connected. 2. The capital stock of the said Corporation shall be twenty thousand pounds of current money of New Brunswick, and shall be divided into two thousand shares of ten pounds each, to be paid in at such times and'iti such instalments as the , business of the said Company shall require, provided that fifteen per centum of the said capital stock, amounting to three thousand pounds^ shall be actually paid in and invested in the business of the said Corporation in one year from the passing of this Act ; and provided also, that the said Corporation shall, when necessary, have leave to extend the said capital stock to 8 V C 89] GAS COMPANIES. 877 the sum of thirty thousand pounds of like current money, and shall have power to increase the number of shares accordingly, or to assess such increase upon the original number of shares; and provided also, that the said Corporation shall not be entitled to purchase any property, real or personal, or to incur any debts until the said fifteen per centum of the capital stock as aforesaid shall be paid in. 3. The first meeting of the said Corporation shall be held at the City of Saint John, and shall be called by James Kirk, Esquire, or in case of his death, neglect, or refusal, by any two of the said Company, by giving notice in one or more of the public Newspapers printed in the said City, at least twenty days previous to such meeting, for the purpose of establishing bye laws, choosing nine Directors, and such other officers as may be necessary for the management of the affairs of the said Company ; which Directors and officers so chosen, shall serve until the first annual meeting, or until others are chosen in their stead, and shall have full power and authority to manage the concerns of the said Corporation, subject to the rules and regulations hereinafter made and provided. 4. A general meeting of the stockholders of the said Corpo- ration shall be held at the City of Saint John on the [the words here omitted are repealed by 16 V. c. 55, s. 2] in each and •every year, for the purpose of choosing nine Directors, and such other officers as may be necessary for the management of the affairs of the said Cor])oration ; which Directors so chosen, shall remain in office for one year, or until others are chosen in their stead, and shall at the first meeting after thgir election choose one of their number President of the said Company ; provided always, that not less than five Directors do form a quorum for the transaction of business, and in case of the absence of the President, the Directors shall have power to appoint one of their number Chairman for the occasion. 5. No person shall be eligible as a Director unless such person is a stockholder and holds not less than twenty shares of the capital stock of the said Corporation, and is of the full age of twenty one years. 6. The number of votes to which each stockholder shall be entitled on every occasion when in conformity to the provi- sions of this Act the votes of the stockholders are to be given. 878 GAS COMPANIES. [8 V c 89 shall be for one share and not more than two, one vote ; for every two shares above two and not exceeding ten, one vote, makinjo^ five votes for ten shares ; for every four shares above ten and not exceeding thirty, one vote, making ten votes for thirty shares ; for every eight shares above thirty and not exceeding seventy, one vote, making fifteen votes for seventy shares ; for every twelve shares above seventy and not exceed- ing one hundred and thirty, one vote, making twenty votes for one hundred and thirty shares ; which said number of twenty votes shall be the greatest any stockholder shall be entitled to have ; and all stockholders may vote by proxy, such proxy being a stockholder, and producing sufficient authority in writing from his constituent. 7. The shares in the said Corporation shall be assignable and transferable according to suclji rules and regulations as may be established in that behalf, but no assignment or transfer shall be valid and effectual unless the same shall be entered and registered in a book to be kept by the Directors for that purpose ; in no case shall any fractional part of a share, or other than a complete share or shares, be assignable or trans- ferable; whenever any stockholder shall transfer in manner aforesaid all his stock and shares in the said Company, he shall cease to be a member of the said Corporatibni 8. In case of any vacancy among the Directors by deaCh, resignation, or disqualification by sale or transfer of stock, then and in either of such cases, the said Directors shall and may fill up such vacancy by choosing one of the stockholders, and the person so chosen by the Directors shall serve until another is chosen in his room. • i 9. The joint stock or property of the said Corporation shall alone in the first instance be responsible for the debts ai^ engagements of the said Corporation, and no creditor, or person or persons having any demands; against the said Cor- poration, for or on account of any dealings with the said Cor- poration, shall have recourse against the separate property pf any shareholder on account thereof, except in case of deficiency, or where the joint stock of the said Corporation shall fall short of or not be equal to the payment of any debt, due, or demand against the same, then and in such case the goods a^d chattels, lands and tenements of each sharehplder shall and may be 8 V e 89] GAS COMPANIES. 879 levied upon and seized respectively, to satisfy such debt or demand, to the extent of double the amount of the share, or shares, or interest of such shareholder in the joint stock of the said Corporation, but no more, and such double amount, or so much as may be necessary to satisfy such debt, due, or demand, shall and may be levied and seized by process of execution in the same suit in which such debt, due, or demand may be recovered against said Corporation. 10. The stock subscription list shall be left at some public place in the City of Saint John, notice of which shall be given in two or more of the public Newspapers published in the said City; and no individual, either by himself or his agent, shall be allowed to subscribe for more than fifty shares until after the expiration of two months from the date of such notice, at the expiration of which time, should the stock in said Corpo- ration be not all taken upj then any person may be allowed to take any number of shares he may see fit until the said stock is all taken up. 11. The said Company shall have power to levy and collect, assessment upon the shares from' time to time, of such sums of money as may be deemed necessary for carrying on the business of the said Company; and whenever any assessment shall be made by the said Company, it shall be the duty of the Treasurer to give notice thereof in two or more Newspapers printed in the City of Saint John, requiring payment of the same within thirty days; and if any stockholder shall neglect or refuse to pay to the Treasurer the amount of such assess- ment upon his shares at the time prescribed, it shall be the duty of the Treasurer to advertise all such delinquent's shares for sale at public auction, giving at least thirty days notice of the time and place of such sale ; and all shares upon which the assessment is' not then paid, with interest from the time such assessment' became due, shall be' sold to the highest bidder, and after retaining the amount of assessment and interest due on each share, and the expense of advertising and selling, the residue (if any) shall be paid over to the former owner, and a new certificate or certificates of the shares so sold shall be made out and delivered to the purchaser ; provided always, that no assessment shall be made except by a vote of the stockholders and a majority of all the shares. 880 GAS COMPANIES. [8 V c 89 12. Aill meetings of the said Company shall be called by public notice being given of the time and place in one or more Newspapers printed in the City of Saint John, seven days at least before the time of such meeting, and special meetings may be called by the Secretary under the authority of the Directors, or by shareholders representing not less than two hundred and fifty shares of stock, upon giving the like notice. 13. It shall and may be lawful for the said Company, at a proper and convenient depth under each and every of the streets and roads leading into and through the said City and its vicinity, to lay down, set, and pla.ee such and somany pipes, leaders, and other apparatus for the said gas as they shall find to be necessary for conveying the same to any or every building or lamp post inthe said City or its vicinity ; and from time to time, as often as the said Company shall think iproper, to lay down such pipes, leaders, and other apparatus, or shall have occasion to alter, amend, or repair the same, it shall also be lawful for said Company to break up and open any part what- soever of the said roads and streets, or of the covering, pave- ment, or side walks thereof, and the same to keep open and uncovered during the time necessary for said purposes; pro- vided always, that before the said Company shall break up or open any such road, street, covering, pavement, or side walks, they shall give previous-ndtice of their intention so to do to the Mayor, Aldermen, and Commonalty of the said City, and shall receive their permission in writing therefor, and not otherwise ; and provided also, that the said Company shall and do, at their own proper costs and charges, and to the satisfaction of the said Mayor, Aldermen, and Commonalty, and without unneces- sary delay, repair and 'amend the said roads, streets, covering, pavements, or side walks, in every part where they shall be so broken up and opened as aforesaid, to the condition in which they were before breaking up or opening the same ; provided that nothing in this Act contained shall be construed to autho- rize such Corporation to injure or interfere with the excavations or works of the Saint John Water Company, without the con- sent of such Company first had in writing. 14. If the said Company shall not repair the said streets, roads, covering, pavement, or side walks, or any of them so broken up, to the satisfaction of the said Mayor, Aldermen, 8 V C 89] GAS COMPANIES. 881 and Commonalty, it shall be lawful for the said Mayor, Alder- men, and Commonalty to cause the same to be repaired, and to sue for and recover the expense incurred therein from the said Company, in the Supreme Court of the Province. 15. The said Company do and shall in every street or road through which their said pipes shall be laid, make and provide proper leaders and apparatus for supplying the public lamps in the several streets with gas, and shall do and provide such apparatus, and at such distances from each other, as the Mayor, Aldermen, and Commonalty, in Common Council' convened, shall from time to time direct and appoint, under penalty of forfeiting the privileges and immunities granted in and by this Act ; provided always, that the said Mayor, Aldermen, and Commonalty shall pay any additional expense that may be incurred by the making of such leaders and apparatus for sup- plying of gas. 16. From andafter the passing of this Act, the said Company, or any person or persons who may in any way 'be employed by them, shall not throw, drain, or cause, suffer, or permit any person or persons to throw or drain into any part of the Har- bour of the City of Saint John, or into any bay, cove, creek, or stream falling into the said Harbour, any refuse of eoal tar or other noxious substance that may arise from said gas works, under the penalty of twenty pounds for each and every offence. 17. Provided always, that unless three thousand pounds of the said capital stock shall be actually paid in for the purposes of the said Corporation, and a certificate of such payment, signed and verified on oath by the said Directors, or a majority of them, which oath any Justice of the Peace is hereby autho- rized to administer, shall be filed in the Office of the Secretary of the Province before the expiration of one year after the passing of this Act, the operation of this Act shall cease, and the existence of the said Corporation shall be terminated at the expiration of the said one year. 18. The Mayor, Aldermen, and Commonalty of the City of Saint John, in Common Council convened, shall at all times have power to regulate, restrict, and control the acts and doings of the said Gas Company, which may in arry manner affect the I health, safety, or comfort of the inhabitants of the said City of Saint John, and to pass such bye laws relative 56 882 GAS COMPANIES. [10 V c 82 thereto from time to time, as the circumstances of the case may require, and to enforce obedience to the same by such penahies as they may deem necessary, not exceeding the sum of twenty pounds for any one offence. 10th Victoria — Chapter 82. , An Act to incorporate the Fredericton Gas Light Company. Section. Section. > ■ '. 1. Incorporation, of Company. 13. Shares, Ijow assessed, &c. 3. 'Capital. ' ' 13. Meetings, how called. 3. First mseting for choice of Direetprs, &c. 14. Pipps, where may he laid down. 4. Annualiineeting for same. ' 15. Commissioners of Highways, tow may 5., ftualificatjpn of DirectoM, . iniierleie with Street works. 6. Stockholders' votes. 16. Refuse of coal tar, where not to be 7. Shares, assignable. drained. . , 8. Vacancies, hov^ filled. 17, When Act may cease. 9. Stockbtilders, for what liable. 18. Company/when and by whom controlled. 10. Debts, who liable for. 19. Leaders for public lamps, &c. 11. SubscriptioQ list, where left, &c. '' h - ., passed Mth Jpril 1847. Whereas the establishment of a Company forthe purpose of erecting, Cras Works in the Town of Fredericton, in order to furnish the means of lighting the said Town in a superior manner, would be an object of public utility ;— Me it therefore enacted, ifc. — 1. William J. Bedell, Frederick W. Hatheway, Spaffprd;J. Barker, William Watts, Junior, Thomas Pickard, and Robert Chestnut, their associates, suc- cessors, and assigns, shall, be^and they are hereby erected into a, body politic and corporate, by the name of " The Fredericton C[,3^ l^jghtCoKipany," apdji^teU have all the general, powers aidd privilegeSfinaf}^ incident to a Corporation by Act of Assem- bly in this Province, for the purpose of lighting the Town of Fredericton with Ga.o, and for all necessary works therewith connected. ,r ost^ < ' 2. The capital; stpqk, of the said Corporation shall be ten thousand pounds current money of. New Brunswick, and shall be divided into one thousand shares of ten pounds each, to be ,paid in at such times and in such instalments as the business of the said Company, sJti^l require, provided that fifteen per centum of the said capitf^l stock, amounting to one thousand five hundred pounds, shall be actually pai4. in and invested in tli)e, business of the said Corporation in two years fr^m the passing of this Act ; ai^d, prpyide4 also, that the said Corpora- tion, shall, wJien necessary, have leave to extend the said capital 10 V C 82] GAS COMPANIES. 883 stock to the sum of twenty thousand pounds of like current money, and shall have power to increase the number of shares accordingly, or to assess such increase upon the original number of shares ; and provided also, that the said Corporation shall not be entitled to purchase any property, real or personal, or to incur any debts, until the said fifteen per centum of the capital stock as aforesaid shall be paid in. 3. The first meeting of the said Corporation shall be held in the said Town of Fredericton, and shall be called by William J. Bedell, Esquire, or in case of his death, neglect, or refusal, by any two of the said Company, by giving notice in one or more of the public Newspapers printed in Fredericton, at least twenty days previous to such meeting, for the purpose of estab- lishing bye laws, choosing Directors, and such other officers as may be necessary for the management of the affairs of the said Company ; which Directors and officers so chosen, shall serve until the first annual meeting, or until others are chosen in their stead, and shall have full power and authority to manage the concerns of the said Corporation, subject to the rules and regulations hereinafter made and provided. 4. A general meeting of the stockholders of the said Corpo- ration' shall be held in Fredericton [the words here omitted are repealed by 15 V. c. 26] for the purpose of choosing five Directors, and such other officers as may be necessary for the management of the affairs of the said Corporation ; which Directors so chosen,' shall remain in office one year, or until others are chosen in their stead ; and shall at the first meeting after their election choose one of their number President of the said Company ; provided always, that not less than three Directors do form a quorum for the transaction of business, and in case of the absence of the President, the Directors shall have power to appoint one of their number Chairman for the occasion. 5. No person shall be eligible as a Director unless such person is a stockholder, and holds not less than five shares of the capital stock of the said Cdrporiation, and is of the full age of twenty one years. 6. The number of votes to which each stockholder shall be entitled on any occasion when according to the provisions of this Act the votes of the stockholders are to be gtv6n, shall be 884 GAS COMPANIES. [10 V c 82 for one share and not more than two, one vote ; for every two shares above two and not exceeding ten, one vote, making five votes for ten shares ; for every four shares above ten and not exceeding thirty, one vote, making ten votes for thirty shares ; for every eight sljiares above thirty and not exceeding seventy, one vote, making fifteen votes for seventy shares j for every twelve shares above seventy and not exceeding one hundred and thirty, one vote, making twenty votes for one hundred and thirty shares ; which said number of twenty votes shall be the greatest any stockholder shall be entitled to have; and all stockholders may vote by proxy, such proxy being a stockholder, and producing sufficient authority in writing from his constituent. 7. The shares in the said Corporation shall be assignable and transferable according to such rules and regulations as may be established in that behalf, but no assignment or transfer shall be valid or efiiectual, unless the same shall be entered and registered in a book to be kept for that purpose ; in no case shall any fractional part of a share, or other than a complete share or shares, be assignable or transferable ; whenever any stockholder shall transfer in manner aforesaid all his stock and shares in the said Company, he shall cease to be a member in the said Corporation. 8. In case of any vacancy among the Directors by death, resignation, or disqualification by sale or transfer of stock, then and in either of such cases the said Directors shall and may fill up such vacancy by choosing one of the stockholders, and the person so chosen by the Directors shall serve until another is chosen in his room. 9. Each and every stockholder in the said Company shall be held liable to the said Company for the payment of each and every call or assessment made, (not however to exceed in amount the stock so subscribed for) for the purpose of enabling the said, Company to pay the debts and engagements of the said Corporation, or to carry on the operations for which the said Company i^ incorporated, and sjiall and may be saed for by the said Company, and recovered in any Court of Record within the Province.,, 10. The joiftt stpsckor property of the said Corporfttion shall alone in the first instance be responsible for the debts and 10 V C 82] GAS COMPANIES. 885 engagements of the said Corporation ; and no creditor, or person or persons having any demands against the said Cor- poration, for or on account of any dealings with the said Corporation, shall have recourse against the separate property of any shareholder on account thereof, except in case of defi- ciency, or where the joint stock of the said Corporation shall fall short of or not be equal to the payment of any debts due or demand against the same ; then and in such case the goods and chattels, lands and tenements of each shareholder, shall and may be levied upon and seized respectively, to satisfy such debt or demand, to the extent of double the amount of the share, or shares, or interest of such shareholder in the joint stock of the said Corporation, but no more ; and such double amount, or so much as may be necessary to Satisfy such debt, due, or demand, shall and may be levied and seized by pro- cess of execution in the same Suit in which such debt, due, or demand may be recovered against said Corporation. 11. The stock subscription list shall be left at some public place in the Town of Fredericion, notice of which shall be given in two or more of the Newspapers published in the said Town ; and no individual, either by himself or his agent, shall be allowed to subscribe for more than fifty shares until after the expiration of two months from the date of such notice, at tbe expiration of which time, should the stock in the said Corporation be not all taken up, then any person may be illowed to take any number of shares he may see fit, until the said stbck is all taken up. 12. The said Company shall have power to levy and collect assessments upon the shares from time to time of such sums of mo&ey as may be deemed necessary for carrying on the business of the said Company ; and whenever any assessment may be made by the said Company, it shall be the duty of the Treasurer to give notice thereof in one or more of the News- papers published in Fredericton, requiring payment of the same within thirty days ; and if any stockholder s^hall neglect or refuse to pay to the Treasurer the amount of such assess- ment upon his shares at the time prescribed, it shall be the duty of the Treasurer to advertise all such delinquent shared for sale at public auction, giving at least thirty days notice of the time and place of such sale ; and all shares upOn which 886 GAS COMPANIES. [10 V c 82 the assessment is not then paid, with interest from the time such assessment became due, shall be sold to the highest bidder, and after retaining the amount of assessment, and interest due on each share, and the expense of advertising and selling, the residue (if any) shall be paid over to the former oWner, and a new certificate or certificates of the shares so sold shall be made out and delivered to the purchaser ; pro- vided always, that no assessment shall be made except by a vote of the stockholders, and a majority of all the shares. 13. All meetings of the said Company shall be called by public notice thereof in one of more Newspapers published as aforesaid, ten days at least before the time of such meeting^; and all special meetings maybie called by the Secretary, under the authority of the Directors, or by shareholders representing not less than one hundred shares of stock, upon giving the like notice. 14. It shall and may be lawful for the said Company, at a proper and convenient depth under each and every of the streets and roads leading into and through the said Town and its vicinity, to lay down, set, and place such and so many pipes, leaders, and other apparatus for the said gas, as they shall find to be necessary for conveying the same to any or every building or lamp post in the said Town or its vicinity ; and from time to time, as often as the said Company shall think proper to lay down such pipes, leaders, and other apparatus, or if occasion require, to alter, amend, or repair the same, it shall also be lawful for the said Company to break up and open any part whatsoever of thie said roads and streets; or of the covering, pavement, or sidewalks thereof, and the same to keep open and uncovered during the lime necessary for such purposes ; provided always, that the said Company shall and do, at their own proper costs and charges, and to the satisfac- tion of the Commissioners of Streets and Highways for the Town and Parish of Frederictbn for the time being, and without unnecessary delay, repair and amend the said roads, streets, coverings, pavements, or sidewalks, in every part where they shall be so broken up and opened as aforesaid, to the condition in which they were before breaking up or opening the same. 15. If the said Company shall not repair the said streets, 10 V C 82] GAS COMPANIES, 887 roads, covering, pavement, or sidewalks, or any of them so broken up, to the satisfaction of the said Commissioners of Highways for the time being, or a majority of them, it shall be lawful for the said Commissioners to cause the same to be repaired, and to sue for and recover the expense incurred therein from the said Company in the Supreme Court of this Province. 16. From and after the passing of this Act, the said Com- pany, or any person or persons whoniay in any way be employed by them, shall not throw, drain, or cause, suffer, or permit any person or persons to throw or drain into any part of the River Saint John, any refuse of coal tar,, or other noxious substance that may arise from the said Gas Works, under the penalty of five pounds for each and every offence. 17. Provided always, that unless one thousand five hundred pounds of the said capital stock shall be actually paid in for the purposes of the said Corporation, and a certificate of such pay- ment signed and verified on oath by the said Directors, or a majority of them, which oath any Justice of the Peace is hereby authorized to administer, shall be filed in the Office of the Secretary of the Province before the expiration of two years after thoj passing of this Act, the , operation of this Act shall cease, and the existence of the said Corporation shall be ter- minated at the expiration of the said two years. 18. The Justices pf the Peace in and for the County, of York, at any General or Special Session, shall have power to regulate^ restrict, and control the acts and doings of the said Company which may in any manner affect the health, safety, or comfort of the inhabitants of the said Town, and to make such regulations relative thereto from time to time as the cir- cumstances of the case may require, and to enjoin obedience to the same by such penalties as they may deem necessary, not exceeding the sum of twenty pounds for any one offence. .19. The said Company do and shall in every street or road through which the said pipes shall be laid, make and provide prpper leaders and apparatus for supplying with gas any pub- lic lamps which may hereafter be set up in the several streets, and shall provide such apparatus, and at such distances from each other, as the said Justices in General Sessions shall from time to lime direct; provided that such Justices shall pay GAS COMPANIES. [15 "V c 26, 16 V c 55 any additional expense that may be incurried by the said Company by the making of such leaders and apparatus for supplying gas. 15th Victoria — Chaptkr 26. An Act to amend the Act to incorporate the Fredericton Gas Light Company, Section 1. — Annual meeting. Passed \8th February 1852. Whereas the time prescribed by the fourth SiBction of an Act made and passed in the thirteenth year of the Reign of Her present Majesty Queen Victoria, intituled An Act to incorporate the Fredericton Gas Light Compemif, for holding the annual meeting of the said Corporation, has been found inconvenient, and it is deemed advisable to amend the said Act in that respect ; — Be it therefore enacted, ^c— ^1. So much of the fourth Sec- tion of the said recited Act to incorporate the Fredericton Gas Light Company as provides for the holding of the annual meeting, be and the same is hereby repealed, and in lieu thereof, the annual general meeting of the said Corporation shall be bolden at such time as the stockholders of the said Corporation shall by bye law from time to time prescribe, any thing in the said Act to the contrary notwithstanding. l6th Victoria — Chapter 55. An Act to alter and amend an Act intituled An Act to incorporate the Saint John Gas Light Company. Section. ' Section. - 1. Capital, how extended. 3. Existing officers, how long to remain, a. General annual meeting, ■ ' ■ ■ Passed Zfd Mm/ 1853. Whereas in and by the second Section of an Act made and passed in the eighth year of the Reign of Her present Majesty Queen Victoria, intituled An Act to incorporate the 8aivt John Gas Light Company, it is provided that the said Corporation shall have leave to extewd the capital stock of the said Corpo- ration to the sum of thirty thousand pounds of current money of New Brunswick : And whereas the said stock has been so 16 V C 55] GAS COMPANIES. 889 extended, and the said sum of thirty thousand pounds has been found inadequate to enable the said Corporation to extend their works so as fully to carry out the intention of the Legis- lature : And whereas it is provided by the fourth Section of the said Act of Incorporation that a general meeting of the stockholders of the said Corporation shall be held at the City of Saint John on the first Monday in May in each and every year, for the purpose of choosing nine Directors, and such other officers as may be necessary for the management of the affairs of the said Corporation : And whereas the said first Monday' in May has been found to be an inconvenient time for holding such general meetiilg, and it is deemed advisable that such meeting should be held at a later period of the year : And whereas at a general meeting of the stockholders of the said Corporation held at the City of Saint John aforesaid on the first Monday in May last, nine Directors and such other officers as were necessary for the management of the affairs of the said Corporation were duly elected and chosen ; — Be it therefore enacted, Sfc. — 1. The said Saint John Gas Light Compafly shall have leave to extend the capital stock of the said 'Corporation to the sum of forty thousand pounds of current money of New Brunswick, and to assess such increase upon the original number of shares ; and the said Corporation shall, to such extent, have power to levy and collect assess- ments upon the shares from time to time, of such sums of money as may be deemed necessary for extending the works or carrying on the business of the said Company ; and the same shall and may be called in, levied, and collected in all respects in the manner pointed out in and by the eleventh Section of the said recited Act. 2. From and after the passing of this Act, the general meeting of the stockholders of the said Corporation for the election of officers, as provided by the fourth Section of the said Act, shall be held on the second Tuesday in June in each and every year, in lieu of the said first Monday in May. 3. The said nine Directors and other officers necessary for the management of the affairs of the said Corporation, so chosen and elected on the first day of May last, shall continue in office until the second Tuesday in June next, or until others are chosen in their place and stead, any thing in the said Act contained to the contrary thereof notwithstanding. 890 GAS COMPANIES. [17 V c 60 17th Victoria — Chapter 60. An Act to incorporate the Saint A.ndrews Gas Company. Section. Section. 1. Corporation, lipw constituted. 10. Joint stock, for what liable. 8. Capital stock. 11. Stock list, how dealt with. 3. Fifst meeting. _ 12. Power of Company to levy assessment. 4. Ceneral annual meeting. 13. Mee^ngs, how caUed. 5. Qualifications of Directors. 14. Laying down' of pipes. €. Stockholders' votes. 15. Duty of Company to repair roads, v. Shares, when' assignable. 16. Act, when to come into operation. ' 8. Vacancy, how filled up. 17. Power of Justices over Company. 9. Liability of stockholders for calls. 18. Provision for public lights. Passed 1st May 1854. Whereas the establishment of a Company for the purpose of erecting Gas Works in the Town of Saint Andrews, in order to furnish the means of lighting the said Town in a superior manner, would be an object of public utility ; — Be it therefore enacted, &fc. — 1. George F. Campbell, J. H. Whitlock, W. Hatch, Donald Clarke, Constant Dimock, Den- nis Bradley, George W. King, Thomas J. Odell, Julius Thompson, and Edmund Wilson, their associates, successors, and assigns, shall be and they are hereby erected into a body politic and corporate, by the name of " The Saint Andrews Gas Company/' and shall have all the general powers and privileges made incident to a Corporation by Act of Assembly in this Province, for the purpose of lighting the Town of Saint Andrews with Gas, and for all necessary works therewith con- nected. 2. The capital stock of' the said Corporation shall be five thousand pounds current money of New Brunswick, and shall be divided into five hundred shares of tcti pounds each, to be paid in at such times and in such instalments as the business of the said Company shall require, provided that twenty five per centum of the said capital stock, amounting to twelve hun dred and fifty pounds, shall be actually paid in and invested in the business of the said Corporation in four year^ from the^ passing of this Act;' and provided also, that the said Corpo- ration shall when necessary have leave to extend the said capital stock of the said Corporation to the sum of ten thou- sand pounds of like current money, and shall have power to increase the number of shares accordingly, or to assess such increase upon the original number of shares ; and provided also, that the said Corporation shall not be entitled to purchase any property, real or personal, or to incur any debts, until the 17 V C 60] GAS COMPANIES. 891 said twenty five per centum of the capital stock as aforesaid shall be paid in. 3. The first meeting of the said Corporation shall be held in the Town of Saint Andrews, and shall be called by George F. Campbell, or in case of his death, neglect, or refusal, by any two of the said Company, by giving notice in one or more of the public Newspapers printed in Saint Andrews at least twenty days previous to such meeting, for the purpose of establishing bye laws and choosing Directors, which Directors so chosen shall serve until the first annual meeting, or until others are chosen in their stead, and shall have full power and authority to manage the concerns of the said Corporation, subject to the rules and regulations hereinafter made and provided. 4. A general meeting of the stockholders of the said Cor- poration shall be held in Saint Andrews on the first Tuesday in May in each and every year, for the purpose of choosing five Directors, which Directors so chosen shall remain in office one year, or until others are chosen in their stead, and shall at their first meeting after their election chooses one of their number President of the said Company ; provided always, that not less than three Directors do form a quorum for the transaction of business, and in case of the absence of the Pre- sident, the Directors shall have power to appoint one pf their number iChairnjan for the occasion. 5. No person shall be eligible as a Director unless such person is a stockholder, and holds not les^ than three shares of the capital stock of the said Corporation, and is of the. full age of twenty one years. 6. The number of votes to which each stockhctlder shall be entitled on any occasion when according to the provisions of this Act the votes of the stockholders are to be given, shall be for one share and not more than two, one vote ; for every two shares above two and not exceeding ten, one vote, making five votes for ten shares ; for every four shares above ten and not exceeding thirty, one vote, making ten votes for thirty shares ; for every eight shares above thirty and not exceeding seventy, one vote, making fifteen votes for seventy shares ; for every twelve shares above seventy and not exceeding one hundred and thirty, one vote, making twenty votes for one 892 GAS COMPANIES. [I? V b 60 hundred and thirty shares ; which said number of twenty votes shall be the greatest any stockholder shall be entitled to have, and all stockholders may vote by proxy, such proxy being a stockholder, and producing sufficient authority in writing from his constituent. 7. The shares in the said Corporation shall be assignable and ' transferable according to such rules and regulations as taay be established in that behalf; but no assignment or trans- fer shall be valid or efiiecrtual unless the same shall be entered and registered in a book to be kept for that ptirpose ; in no case shall any fractional part of a share, or other than a com- plete share or shares, be assignable or transferable ; whenever any stockholder shall transfer in manner aforesaid all his stock and shares in the said Company, he shall cease to be a member of the said Corporation. 8. In case of any vacancy among the Directors by death, resignation, or disqualification by sale or transfer of stock, then and in either of such cases the said Directors shall and may fill up such vacancy by choosing one of the stockholders, and the person so chosen by the Directors shall serve until another be cliosen in his room. 9. Each and every stockholder in the said Company shall be held liable to the said Company for the payment of each and every call or assessment made, (not however tfa exceed in amount the stock so subscribed for) for the purpose of enabling the said Company to pay the debts and engagements of the said Corporation, or to carry on the operations for which the said Company is incorporated, and shall and may be sued for by the said Company and recovered in any Court of Record within the Province. 10. The joint stock or property of the said Corporation shall alone in the first instance be responsible for the debts and engagements of the said Corporation, and no creditor, or person or persons having any demands against the said Corporation, for or on account of any dealings with the said Corporation, shall have recourse against the separate property of any share- holder on account. thereof, except in case of deficiency, or when the joint stock of the said Corporation shall fall short of, or not be equal to the payment of any debts, dues, or demands against the same ; then and in such case the goods and chattels, Iand$ 17 V C 60] GAS COMPANIES. 893 and tenements of each shareholder shall and may be levied upon and seized respectively, to satisfy such debt or demand, to the extent of double the amount of the share, or shares, or interest of such shareholder in the joint stock of the said Cor- poration, but no more, and such double amount, or so much as may be necessary to satisfy such debt, due, or demand, shall and may be levied and seized by process of execution in the same suit in which such debt, due, or demand may be recovered against said Corporation. 11. The stock subscription list shall be left at some public place in the Town of Saint Andrews, notice of which shall be given in two or more of the Newspapers published in the County of Charlotte ; and no individual, either by himself or his agent, shall be allowed to subscribe for more than fifty shares until after the expiration of two months from the date of such notice, at the expiration of which time, should the stock in the said Corporation be not all taken up, then any person may be allowed to take any number of shares he may see fit, until the said stock is all taken up. 12. The said Company shall have power to levy and collect assessments upon the shares from time to time, of such sums of money as may be deemed necessary for carrying on the busi- ness of the said Company, and it shall be the duty of the Treasurer to give notice thereof in one or more of the News- papers published in the said County of Charlotte, requiring payment of the same within thirty days ; and if any stockholder shall neglect or refuse to pay to the Treasurer the amount of such assessment upon his shares at the time prescribed, it shall be the duty of the Treasurer to advertise all such delin- quent shares for sale at public auction, giving at least thirty days notice of the time an^ place of such sale, and all shares upon which the assessment is not then paid, with interest from the time such assessment became due, shall be sold to the highest bidder, and after retaining the amount due on each share, and the expense of advertising and selling, the remain- der (if any) shall be paid over to the former owner, and a new certificate or certificates of the shares so sold shall be made out and delivered to the purchaser ; provided always, that no assessment shall be made except by a vote of ihe stockholders and a majority of all the shares. 894 GAS COMPANIES. [17 V c 60 13. All meetings of the said Company shall be called by public notice thereof in one or more Newspapers published as aforesaid, ten days at least before the time of such meeting, and all speciati meetings may be called by the Secretary; under the authority of the Directors, or by shareholders repre- senting not less than fifty shares of stock, upon giving the like notice. 14. It shall and may be lawful for the said Company, at a proper and convenient depth under each and every of the streets and roads leading into and through the said Town and its vicinity, to lay down, set, and place such and so many pipes, leaders, and other apparatus for the said gas as they shall find to be necessary for conveying the same to any or every build- ing or lamp post in the said Town or its vicinity ; and frofai time td time as often as the said Company shall' think proper, to lay down such pipes, leaders,- and other apparatus, or if occasion require, to alter, amend, or repair the same, it shall also be lawful for the said Company to break up and open any part whatsoever of the said streets and roads, or of the cover- ing, pavement, or side walk thereof, and the same to keep open and uncovered during the time necessary for such' purpo- ses ; provided always, that the said Company shall and do, at their own proper costs and charges, and to the satisfaction of the Commissioners of Streets and Highways for the Town and Parish of Saint Andrews for the time being, and without unne- cessary delay, repair and amend the said roads, streets, cover- ings, pavements, or side walks, in every part where they shall be so broken up and opened as aforesaid, to the condition in which they were before breaking up or opening the same. 15. If the said Company shall not repair the streets, road^, covering, pavement, or side walks, or any of them so broken up, to the satisfaction of the said Commissioners of Highways for the time being, or a majority of them, it shall be lawful for the said Commissioners to cause the same to be repaired, and to sue for and recover the expense incurred therein from the said Company, in the Supreme Court of this Province, or in any Court competent to try the same. 16. Unless twelve hundred and fifty pounds of the said capital stock shall be actually paid in for the purposes of the said Corporation, and a certificate of such payment, signed 17 V C 60] GAS COMPANIES. 895 and verified on oath by the said Directors, or a majority of them, (which oath any Justice of the Peace is hereby authorized to administer) shall be filed in the Office of the Secretary of the Province before the expiration of four years after the passing of this Act, the operation of this Act shall cease, and the existence of the said Corporation shall be terminated at the expiration of the said four years. 17. The Justices of the Peace in and for the County of Charlotte shall have power to regulate, restrict, and control the acts and doings of the said Company which may in any manner affect the health, safety, or comfort of the inhabitants of the said Town, and to make such rules and regulations relative thereto from time to time as the circumstances of the case may require, and to enjoin obedience to the same by such penalties as they may deem necessary, not exceeding the sum of twenty pounds for any offence. 18. The said Company do and shall in every street or road through which the said pipes shall be laid, make and provide proper leaders and apparatus for supplying with gas any Light House and; public lamps which may hereafter be set up in the several streets, and shall provide such apparatus, and at such distances from each other as the said Justices in General Sessions shall from time to time direct, provided that such Justices in General Sessions shall pay any additional expense that may be incurred by the saidt Company by the making of such leaders and apparatus for supplying gas. 896 BRIDGE COMPANIES. [8 V C 52 ^ ^ ^^^ /^ ^StJ^VlCTORIA-CHAPTER 52. J An Act to incorporate the Saint Croix Bridge Company. • Ssction. Section. J. Incorporation of Company. 5. Tolls, for what taken. 2. Site of Bridge. 6. Fen^ItyfarccosaingbeyondwalUngpace. 3. Tolls and regulations. 7. Feijalty for evading tqll. 4. ITirst meeting,, where,' held. 8. Limitation. <.' ' Pamd il'th March 1845. Be it enacted, &fc.—r-\. Thomas Wyer, Harris Hatch, Neheraiah Marks, Ninian Lindsay, William Todd, Junior, Daniel Sullivan, William Porter,. George S. Hill, their associ- ates, successors, and assigns, be and they are hereby created and declared to be a body politic and corporate, by the name of " The Saint Croix Bridge Company," and by that name have all the general powers and privileges made incident to a Corporation by Act of Assembly in this Province, and may make any bye laws for the management of their concerns not repugnant to the laws of the Empire and of this Province, and may choose a Clerk, Treasurer, and any other officer proper forth© management of their corporate business, by a majority of votes present, allowing one vote to each share ; provided that no individual be entitled to more than ten votes on his shares. 2. The said bridge shall be established and continued where it now 13 in the Parish of Saint Stephen, in the County of Charlotte, in this Province, that is to say, from the public highway, nearly opposite the dwelling house of James Hannah, to the centre of the River Saint Croix, a short distance below the Salt Water Falls, (so called) and said bridge sh all be kep t , in good repair and condition for the convenience and safety o f p assengers , and a passage way forlumber shall be kept open under the same, at Jpast thirty feet wide. ' * 3. A toll be and is hereby granted for the benefit of the said Corporation according to, the following rates : — For each foot passenger, one penny half penny ; one person and horse, two pence half penny ; a horse and cart or wagorf, four. pence; a horsje and sleigh or chaise, or other pleasure carriage, drawn by one horse, six pence ; each team, including cart, wagon, sled, or sleigh drawn by two oxen, ten pence ; and for every 8 V C 52] BRIDGE COMPANIES. 897 additional beast, one halfpenny; four wheeled carriages with two horses, one shilling ; for every additional horse, two pence half penny ; beast of burden, exclusive of those rode upon or in carriages, two pence each ; sheep and swine, one half penny each ; and to each teann one person only shall be allowed, as driver, to pass free of toll : and at all times when the toll gatherer shall not attend his duty, the gate or gates shall be left open, and the toll shall be collected in such manner as may be prescribed by the said Corporation ; and as the tolls are collected, the rates of toll, and all others which may be hereafter granted, shall be fairly and legibly printed in large letters, and kept constantly exposed to the view of passengers ; provided however, that after ten years from the time when this Act shall come into operation, the rate of toll shall be subject to the further regulation of the Legislature. 4. Either of the persons named in the first Section of this Act, may call the first meeting of the said Corporation, by posting up a notification thereof in two public places in the said Parish of Saint Stephen and Town of Saint Andrews, at least seven days before such meeting, and specifying in such notice the time and place of meeting, which meeting shall be holden in the said Parish of Saint Stephen. 5. The above rates of toll shall be in full for passing the said bridge to the opposite bank of the said river. 6. No horse or other beast, or carriage of any kind, shall be taken or driven over the said bridge at a pace faster than a walk, on pain of a forfeiture of twenty shilliiigs for every oflTence, to be recovered in an action of debt before any Justice of the Peace, on complaint of the toll gatherer or any pro- prietor in the stock of the said bridge, and legal proof thereof ; the money, when recovered, to be applied to the use of the said Corporation. 7. Any person who shall run or evade the payment of toll for crossing the said bridge, shall forfeit and pay, for the use of the said Corporation, the sum of ten shillings for every ofiience, to be recovered as is directed in the last preceding Section of this Act. 8. This Act shall continue and be in force until the first day of May one thousand eight hundred and sixty five, and no longer, and then be subject to renewal on such terms and rates of toll as may be just and equitable. 57 898 BRIDGE COfflFANIES. [12 V C 69 12th Victoria — Chapter 69. An Act to incorporate the Saint John Suspension Bridge Company. Section. ' ■ Section. 1. Incorporation of Company, 15. Disputes, bow settled. 2. Capital. * 16. Compensation for land, &c. 3. I'irst n^eeting for choice of Directors, &c. 17. Malicious injuries to property. 4. General annual meeting. 18. When Act may be Toid. 5. Q.ualification of Directors. 19. Passage of Mails, &c. free. 6. Stockholders' votes. SO. Statement of affairs, before whom laidi 7. Shares assignable. 31. Assessments unpaid, who may sue for. 8. Vacancies, how filled. 82. Declaration in suits. 9. Debts, who liable for. ' 23. Proof on trial. 10. Shares may be assessed. 24, When Government may purchase, 11. Meetings, how ^called. i&. Navigation of river not to be impeded.- 12. Building bridge, enter on land, &c. 26. Bridge, how constructed. Ice. 13'. Gatesi &c. may 'be erected, and tolls 27. When use of bridge prohibited. taken. t 28, Suspending clause, 14, Who prevented from passing bridge. Passed UiE April 1849. Whereas it is proposed to construct a Suspension Bridge of Iron Wire across the Falls of the River Saint John, at Split Rock, near the City of Saint John : And whereas a Bridge is greatly needed at that point, and would be highly useful to the public in general, and it is thought advisable to incorporate such persons as may be willing, at their own costs and charges, to construct the said Bridge, and grant them all necessary privileges for maintaining the same ; — Beit therefore enactedy ^c. — 1. William K. Reynolds, his associates, successors, and assigns, shall be and they are here- by erected into a body politic and corporate, by the name of "The Saint John Suspension Bridge- Company," and by that name shall have all the general powers and privileges made incident to a Corporation by Act of Assembly in this Province. 2. The capital stock of the said Corporation shall be twenty thousand pounds of curre»t money of New Brunswick, and shall be divided into four thousand shares of five pounds each, to be paid in at such times and in such instalments as the business of the said Company shall require ; and also, the said Corporation shall, when necessary, have leave to extend the said capital sitock to the sum of forty thousand pounds of like current money, and shall have power to increase the number of shares accordingly, or to assess such increase upon the original number of shares. 3» The first meeting of the said Corporation shall be held at the City of Saint John, and shall be called by the said William K. Reynolds, or in case of his death, neglect, or refusal, by any 12 V C 69] BRIDGE COMPANIES. 899 two of the said Company, by giving notice in one or more of the public Newspapers published in the said City at least twenty days previous to such meeting, for the purpose of establishing bye laws, choosing five Directors, and such other officers as may be necessary for the management of the affairs of the said Company; which Directors and officers so chosen shall serve until the first annual meeting, or until others are chosen in their stead, and shall have full power and authority to manage the concerns of the said Corporation, subject to the rules and regulations hereinafter made and provided. 4. A general meeting of the stockholders of the said Corpo- ration shall be held at the City of Saint John on the first Tues- day in June in each and every year, for the purpose of choosing five Directors, and such other ofiicers as may be necessary for the management of the affairs of the said Corporation ; which Directors so chosen shall remain in office for one year, or until dthers are chosen in their place, and shall at the first meeting after their election choose one of their number President of the said Company ; provided always, that not less than three Directors do form a quorum for the transaction of business, and in case of the absence of the President the Directors shall have power to appoint one of their number Chairman for the occasion. 5. No person shall be eligible as a Director unless such per- son is a stockholder, and holds not less than twenty shares of the capital stock of the said Corporation, and is of the full age of twenty one years. 6. The number of votes to which each stockholder shall be entitled on every occasion when in conformity to the provisions of this Act the votes of the stockholders are to be given, shall be in proportion of one to each share of stock ; and absent stockholders may vote by proxy, provided such proxy be a stockholder and produce sufficient authority in writing. 7. The shares of the said Corporation shall be assignable and transferable, according to such rules and regulations as may be established in that behalf; but no assignment or trans- fer shall be valid and effectual unless the same shall be entered and registered in a book to be kept by the Directors for that purpose ; in no case shall a fractional part of a share, or other than a complete share or shares, be-assignable or transferable ; 900 BRIDGE COMPANIES. [12 V C 69 whenever any stockholder shall transfer in manner aforesaid all his stock or shares in the said Company, he shall cease ttt be a member of the said CorporWion. 8. If it should so happen that the said Directors or other officers sh6uld not be chosen on the first Tuesday in June in any year as aforesaid, it shall and may be lawful to choose them on any other day, between the hours of twelve at noott and three in the afternoon of such day, on giving fourteen daj^s notice of the time and place of such meeting in one or more of the Newspapers published in thte City of Saint Jobn ; and in case any Director shall be removed by the stockholders for misconduct or mal-administration, his place shall be filled up by the stockholders, fourteen days notice of the time and place of meeting for such purpose being first given ; and in case of any vacancy among the Directors by deaths resignation, or disqualification by sale and transfer of stock, then and in eithef of such cases the said Directors shall and may fill up such vacancy by choosing one of the stockholders^ and the person 80 chosen by the stockholders or Directors shall serve until another be chosen in his room. 9. The joint stock ahd property of the said Company shall alone in the first instance be responsible for the debts and engagements of the same, and no creditors, or person or per- sons having any demand against the said Company, for or on account of any dealings with tbe said Company, shall have recourse against the separate property of any stockholder m the same, except in case of deficiency, or wherethe joint stock of the said Company shall fall short or not be equal to the pay- ment of any debt, due, or demand against the same, or upon nuilkt bona being returned upon any execution against the goods and chattels of the said Company, then and in either of such cases, the goods and chattels, lands and tenements of each shareholder shall and maybe levied upon and seized respectively, to satisfy such debt or demand, to the extent of one half the amount of the share, or shares, or iMerest of such shareholders in the joint stock of the said Company, but no more ; and such amount, or so much as may be necessary to satisfy such debt, due, or demand, shall and may be levied and seized by process of execution in the same suit in wliicb such debt, due^ or demand may be recovered against the said Company. 12 V C 69] BRIDGE COMPANIES. 901 k ~ 10. The said Company shall have power to levy and collect assessments upon the shares from time to time of such sums of money as may be deemed necessary for carrying on the business of the said Company ; and whenever any assessment shall be made by the stockholders of the said Company, it shall be the duty of the Treasurer to give notice thereof in a News- paper printed in the Cky of Saint John, requiring payment of the same within thirty days ; and if any stockholder shall neglect or refuse to pay to the said Treasurer the amount of such assessment upon his shares at the time prescribed,>it shall be the duty of the Treasurer to advertise all such delinquent shares for sale at public auction, giving at least thirty days notice of the time and place of such sale ; and all shares upon which the assessment is not then paid, with interest from the time of such assessment became due, shall be sold to the faighest bidder, and after retaining the amount of assessment and interest due on each share, and the expense of advertising and selling, the residue (if any) shall be paid over to the former owner, and a new certificate or certifieates of the shares so sold shall be made out and delivered to the purchaser ; pro- vided always, that no assessment shall be made except by a vote of the stockholders, and by a majority of all the shares. 11. All meetings of the said Compaiay shall be called by public notice being given of the time and place in a Newspaper printod in the City of Saint John, seven days at least before the time of such meeting ; and special meetings may be called by the Secretary, under the a«thor"ity of the Directors, or by the shareholders representing not less than one thousand shares of stock, upon giving the like notice. 12. It shall and may be lawful to and for the said Company, and their successors, their deputies, agetits, servants, workmen, and assistants, and they are hereby authorized and empowered to design, erect, order, and build, or cause to be built, and to complete, maintain, and keep- in repair' a Suspension Bridge across the River Saint John, at or near the Falls of the said River, near the Harbour of Saint John, from the Parish of Portland to the Parish of Lancaster, at sueh piaee there as may be deemed most advisable and fit for su ' 5. The Cdmpany at the first meeting, or some adjournment thereof, shall have pbwer to make bye laws, rules, and ordi- nances, prescribing the duties, powers, and authorities of the Directors of the said Company, and for regulating the transfer, registry, and forfeiture of shares, and the sale of forfeited shares, also the right of voting in respect to the number of shares held by each shareholder respectively, and for voting either personally or by proxy, and generally for the good order, conduct, and government of the said Company, its affairs and business, as may be requisite and necessary. 6. The joint stock and property of the said Corporation shall alone be responsible for the debts and engagements of the said Company. 912 BRIDGE COMPANIES. [16 V C 63 7. It shall and may be lawful for the Company, and their successors, officers, and servants, and they are hereby autho- rized and empowered to design, erect, order, and build or cause to be built, and to complete, maintain, and keep in repair the said bridge across the North West River, between the Point and the lower side of Oxford's Cove, at such place there as may be deemed most advisable and fit for such bridge, and to dig and make proper foundations in the lands and grounds lying on each side of the said river, and to cut and level the banks of the said river in such manner as shall be necessary and proper for building the said bridge; and to cut, remove, take, and carry away all and every impediment what- soever, which may in anywise tend to hinder the erecting and completing the said bridge; and to execute all other things necessary and requisite, useful or convenient, for erecting, building, maintaining, and supporting the said bridge accord- ing to the tenor and effect, true intent and meaning of the said Act ; and further, they may from time to time enter and go in and upon the lands and grounds adjacent to the said river, on either side thereof, for the purpose of making surveys, exami- nations, or other necessary arrangements for fixing the site of the said bridge; and further, they may explore, lay out, and make a road not more than four rods in width, leading from either end of the bridge to the highways in the Parishes of Newcastle, Northesk, or Nelson, respectively ; and further, for the purpose of erecting, building, maintaining, repairing, and supporting the said bridge, the said Company shall from time to time have full power and authority to land on either side of the said river within two hundred yards of the said bridge, all materials and other things to be used in and about the same, and there to work and use such materials and things according as they the said Company, and the persons to be by them appointed, shall think proper, without any previous agreement with the owner or owners, tenant or tenants of the property on which such bridge and every part thereof shall be built, or in and upon which such surveys, examinations, or other arrange- ments may be made, or through which such roads may be explored, laid out, worked, and made, or on which such materials and other things shall be landed, worked, or used, doing as little damage as may be, and making such satisfaction 16 V C 62] BRIDGE COMPANIIJS. 913 as hereinafter mentioned to the respective owners or occupiers of all lands and grounds, tenements and hereditaments which shall be and are occupied, altered, damaged, spoiled, taken, or made use of by means or for the purposes of this Act ; provided always, that the said Company shall in the erection of the said bridge, erect, build, and complete in a good, substantial, and efficient manner in the said bridge, on the channel side of the said river, a draw not less than thirty feet in width, to be drawn on all occasions when required for the free passage of vessels of every description navigating the said river, without hinder- ance or impediment from the erection of the said bridge. 8. The said Corporation shall make, allow, and pay reason- able and proper compensation and satisfaction for all lands, tenements, and hereditaments taken and occupied, altered, damaged, or spoiled by means of, and fpr the uses and purposes of the said Corporation, to be agreed upon by the said Corpo- ration and the respective owners and occupiers of such lands, tenements, and hereditaments ; and in case of disagreement between the said Corporation and the said owners and occu- piers, or any of them, then such compensation or satisfaction shall be determined by three arbitrators, one to be chosen by the said Corporation, and one by the owner or owners, occupier or occupiers of the private property in question, which two arbitrators so chosen shall choose the third arbitrator ; and in case of their not agreeing in such choice within ten days after their appointment, then and jn such case it shall and may be lawful for the Lieutenant Governor or Administrator of the Government for the time being, upon the application of the said Corporation, to appoint the third arbitrator, and the award of the said arbitrators, or any two of 4hem, shalLbe final and conclusive in the matters referred to them ; and in case any of the said owners or occupiers of such private lands shall decline making any such agreement, or appointing such arbi- trator, then and in every such case the said Corporation shall make application to the Supreme Court of this Province, or some Judge thereof, stating the grounds of such application ; and suich Court or Judge is hereby empowered and required from time to. time, upon such application, to issue a writ or warrant directed to the. Sheriff lof the County in which such lands He, or in case of his being a party interested, then to any 58 914 BRIDGE COMPAMES. [16 V C 62 Coroner of such County not interested, and in case of the said Sheriff and Coroner being both interested, then to some other person or persons who may be disinterested, commanding such Sheriff, Coroner, person or persons, as the case may be, to summon and empanel a jury of five freeholders within the said County, who may be altogether disinterested, which jury upon their oathsi (all which oaths, as well as the oaths to be taken by any person or persons who shall be called upon to give evidence in the matter, the Sheriff, Coroner, or person or persons summoning such jury, is hereby empowered to admin- ister) shall inquire, ascertain, and assess the distinct sum or sums of money or annual rent to be paid as the amount of compensation and satisfaction for the damages that may and shall be sustained by such owner or owners, occupier or occu- piers of such private property as aforesaid; and the award, inquisition, or verdict of such jury shall be retained and filed in the office of the Clerk of the Pleas in the said Supreme Court, and shall be final and conclusive between the parties ; which amount so assessed as aforesaid, and the costs and expenses of such proceedings to be taxedand allowed by the said Supreme Court, or one of the Judges thereof, shall be borne by the said Corporation, and shall be by them paid within thirty days after the said inquisition, award, or verdict shall be filed as aforesaid. ■ ' . 9. The said Company shall erect and set up, or cause to be erected and set :up, one or more gate or gates, turnpike or turnpikes,, in, upon, and across the said intended bridge, or within twenty yards thereof, together with toll houses and proper necessary buildings, conveniences, and. fences near to each gate or turnpike across the said intended bridge, or on the road or avenue immediately communicating therewith, and within twenty yards? of the said bridge; and the respective tolls following may be demanded and taken by such person or persons as the said Company shall from lime to tin>e appoint as toll gatherer, for each and every time of passing over the said bridge, that is to say : — For every foot passenger, not to exceed four pence ; for every.,horse, mare, gelding, n»ule, or ass, not exceeding four pence; for every carriage drawn by one horse or beast of draught, with one person, not to exceed one shilling ; for every horse or beast of draught more than 16 V C 62] BRIDGE COMPANIES. 915 one, drawing a carriage, not to exceed four pence ; for every person more than one, with a carriage, not to exceed four pence ; for neat cattle, not to exceed two pence each ; for sheep, calves, or hogs, not to exceed one half penny each ; provided always, that no toll be exacted from children under five years of age ; and the Company shall at all times by their bye laws regulate, alter, and lessen the rate of tolls, when deemed advisable for the interest of the Company, but in no case exceed the rates herein specified ; and at all times whea the toll gatherer shall not attend to his duty, the gate or gates shall be left open ; and the toll shall be collected in such manner as may be prescribed by the said Corporation ; the rates of toll shall be fairly and legibly printed in large letters, and kept constantly exposed to the view of passengers. 10. No horse or other beast, or carriage of any kind, shall be taken, rode, or driven over the said bridge at a faster pace than a walk, on pain of a forfeiture of twenty shillings for each and every ofi^ence, to be recovered with costs of prosecution against the owner or driver of such horse or other beast, before any Justice of the Peace of the County, on the complaint of the toll gatherer or any proprietor of stock in the said Com- pany, on proof of the toll gatherer, who is hereby declared to be a competent witness, or any other legal proof; the amount when recovered, to be applied to the use of the said Corpo- ration. '" " 11. Any person who shall run, or evade the payment of toll from crossing the said bridge, shall forfeit and pay for the use of the said Corporation, the sum of ten shillings for each and every ofllBnce, to be recovered, together with the toll and costs of suit, as is directed in the last preceding Section of this Act. 12. If any person shall wilfully and maliciously, and to the prejudice of the said undertaking, break, dama;gei throw down, or destroy any of the works to be erected or made by virtue of this Act, any such person shall be adjudged guilty of felony ; and every such person so offending, and being thereof lawfully convicted, shall be liable to the punishment prescribed for felony by the laws of this Province. 13. No toll whatever shall be demanded or taken for any horse, beast, cattle, or carriage of whatever description, em- ployed or to be employed in conveying, fetching, or guarding 916 BRIDGK COMPANIES. [16 "V C 62" Mails of Letters and Expresses, under the authority of Her Majesty's Postmaster General, or the duly authorized Post Office authorities in this Province, or of the Provincial Go- vernment, either when employed in conveying, fetching, or guarding the same ; or for any soldiers upon their march, or upon duty, or for any horse, cattle, or carriages attending^ them with their arms and baggage, or returning after having been so employed, nor for any wagon, cart, or other carriage whatsoever, or the horse or horses, or other cattle drawing the same, which shall be employed in conveying any Ordnance, Barrack, Commissariat, or other public stores, of or belonging to Her Majesty's service ; and no poor, or other rates or taxes, shall be assessed or levied upon the said Oompany, for or on account of the said bridge and its appurtenances. 14. The Directors shall at the general annual meeting of the Company in each and every year, lay before the stock- holders for their information, an exact and particular statement of the stale of the affairs and business of the said Company, agreeably to the several regulations of this Act, so as the same may contain a true account of the whole affairs of the said Company ; which statement shall be signed by the Directors, and attested by the Secretary. 15. If any shareholder shall fail to pay the amount of any assessment made by the said Company, or any part thereof, it shall be lawful for the said Company to sue such shareholder for the amount thereof, or so much thereof as may be and remain due and owing thereon, in any Court of law or equity having competent jurisdiction, and to recover the same, with lawful interest, from the day on which such assessment was payable, with costs of suit. 16. In any action or suit to be brought by the said Company against any shareholder to recover any money di»e for any call, it shall not be necessary to set forth the special matter, but it shall be sufficient for the said Company to declare that the defendant is the holder of one or moye shares in the said Com- pany, [state the nttmbef of shares] and is indebted to the said Company in the sum of money to which the assessment or assessments in arrear shall amount, in respect of one assess- ment or more upon one share or more, [state the number and amount of such assessments] by means of which an action hath accrued to the said Company by virtue of this Act. 16 V C 63] BRIDGE COMPANIES. 917 17. On the trial or hearing of such action or suit, it shall be sufBcient to prove that the defendant, at the time of making such assessment, was a holder of one share or more in the said undertaking, and that such assessment was in fact made, and it shall not be necessary to prove any other matter whatsoever, and thereupon the said Company shall bp «ntitled to recover what shall be due upon such call, and interest thereon. 18. Should the Provincial Government, at any time after the passing of this Act, be willing and desirous of assuming the said bridge, and placing the same upon the great road establishment of the Province, for the free passage of all Her Majesty's subjects, and pay to the said Corporation the whole costs and outlay in and about its erection and maintenance, then and in such ease the said Corporation shall yield and sur- ren^f r up to the said Provincial Government the said bridge, with all things appertaining thereto, together with this Act, a«d such Corporation, from that time, shall cease and have no longer any existence. 19. If the said Company shall not within three years from and after the passing of this Act, complete the said bridge, or so as to make the same passable for horses and carriages, then and from thenceforth all and singular the powers and authori- ties vested in them by this Act shall cease and determine to all intents and purposes whatsoever. I6th Victoria — Chapter 63. An Act to iacorporate the Courtney Bay Bridge Company. Section. Section. 1. Incorpoi'ation of Compsny. 14. Gates anddolls. I toI"."'" .- ,. T,. "• '*^'"" ""y ^^ preventea from crossing «• ^!£at]meeting to choose Birectors, • bridge.r , . ? 4. Officers, how chosen. i«. Disputes as to tolls, &c. S- n Tl «?'™«> ?;?«ft"g- 17. Odmpensaiion made for land taten. t' S"^!'^,^"™."^''"'""""- 18. Feesand damages. 7. Stobkholders' votes. ig. Pe„ijt> for injuries. 8. Share, assignahlg 20. Mail, &c., taken free^ in n^K^"?' ^°Zr^ "P- ^1- S'^teine" of affairs, 4c. 10. Debts, who,hable for, gg. As? essment, when Aot paid. 1. Assessment on shares. 23. DecWation in suit. 12, Me^ungs, how called. 24. Proaf on ,triel. 13. BndMOT roadway to be carried across, 25. Plan, &c., where deposited. and land may be taken. 26. When Act may be void. Passed Zrd May 1853. Whereas it is proposed to construct a Bridge across the Sand Flats of Courtney Bay, in the City and County of Saint 918 BRIDGE COMPANIES. [16 V C 63 John, from some place or point in the said City fronting on the said Bay, across the same to some place or point on the bpposite side, in the Parish of Simonds : And whereas such Bridge would be highly useful to the public in general, and it is thought advisable to incorporate such persons as may be willing at their own costs and charges to construct the said Bridge, and grant them all necessary privileges for maintaining the same ; — Be it therefore enacted, Sfc. — 1. Henry Chubb, Isaac Wood- ward, Thomas M'Avity, William Hawkes, Thomas Davidson, William O. Smith, John M. Robinson, Gregory Vanhorne, John M. Walker, George V. Nowlin, their associates, succes- sors, and assigns, shall be and they are hereby erected into a body politic and corporate, by the name of " The Courtney Bay Bridge Company," and by that name shall have ^ the general powers and privileges made incident to a Corporation by any Act or Acts of Assembly. 2. The capital stock of the Company shall be twenty thou- sand pounds, and shall be divided into four thousand shares of five pounds each, to be paid in at such times and in such instal- ments as the business of the Company shall require ; and the Company shall also when necessary have leave to extend the capital stock to forty thousand pounds, and to increase the number of shares accordingly, or to assess such increase upon the original number of shares. 3. The first meeting of the Corporation shall be held at the City of Saint John, and shall be called by Henry Chubb, Esquire, or in case of his death, neglect, or refusal, by any two of the persons named in the first Section, by giving notice in one or more of the public Newspapers printed in the City, at least twenty days previous to such meeting, for the purpose of establishing bye laws and choosing five Directors for the management of the affairs of the Company ; which Directors shall serve until the first annual meeting, or until others are chosen in their stead, and shall have full power and authority to manage the concerns of the Company, subject to the pro- visions hereinafter contained. 4. The Directors when chosen shall as soon as convenient, choose out of their number a President, and shall have power from time to time to appoint all such officers, servants, agents, 16 V C 63] BRIDGE COMPANIES. 919 and other persons as they shall think fit for executing and earrying on the business of the Company, and to remove them or any of them at pleasure, and appoint others in their stead. 5. A general meeting of the stockholders of the Company shall be held at the City of Saint John on the first Tuesday in October in every year, for the purpose of choosing five Direc- tors, who shall remain in office for one year, or until others are chosen in their place ; provided that not less than three Directors do form a quorum for the transaction of business; and in case of the absence of the President, the Directors shall appoint one of their number Chairman for the occasion. 6. No person shall be eligible as a Director unless such person is a stockholder, and holds not less than twenty shares of the stock, and is of the full age of twenty one yearg. 7. The stockholders in the said Company shall vote according to the following scale : — For one share and not more than two, one vote ; for every two shares above two and not exceeding ten, one vote, making five votes for ten shares; for every four shares above ten and not exceeding thirty, one vote, making ten votes for thirty shares ; for every five shares above thirty and not exceeding sixty, one vote, making sixteen votes for sixty shares ; and for every ten shares above sixty and not exceeding one hundred, one vote, making twenty votes for one hundred shares ; which said number of twenty votes shall be the greatest that any shareholder shall be entitled to give ; and absent stockholders may vote by proxy, provided such proxy be a stockholder, and produce sufficient authority in writing. 8. The shares of the Company shall be assignable and transferable, according to such rules and regulations as may be established by the Directors in that behalf; but no assign- ment or transfer shall be valid unless it shall be entered in a book to be kept by the Directors for such purpose ; and in no ease shall a fractional part of a share, or other than a complete share or shares be assignable or transferable, and whenever any stockholder shall transfer in manner aforesaid all his stock or shares in the said Company, he shall cease to be a member thereof. 9. If it should happen that the Directors should not be chosen on the said first Tuesday in October in any year as aforesaid, it shall be lawful to choose them on any other day, 920 BRIDGE COMPANIES. [16 V C 63 on giving fourteen days notice of the time and place of a meeting to be held foi' such purpose, in one or more of the public Newspapers of the City ; and in case of any vacancy among the Directors, then the Directors may fill up the same by choosing one of the stockholders, who shall serve until another is chosen in his room. 10. The joint stock and property of the Company shall alone in the first instance be responsible for its debts and engagements, and no creditor or person having any demand against the Company on account of any dealings, shall have recourse against the separate property of any stockholder in the same, except in case of deficiency, or when the joint stock of the Company shall fall short or not be equal to the payment of any debt or demand against the same, or upon nulla bona being returned upon any execution against the goods and chattels of the Company, then and in either of such cases, the goods, chattels, lands, and tenements of each shareholder, shall and may be levied upon and seized respectively to satisfy such debt or demand, to the extent of one half the amount of the share, or shares, or interest of such shareholders in the joint stock of the said Company, but no more; and such amount, or so much as may be necessary to satisfy SMph debt or d&maod, shall and may be leyjed and seized. by process of execution in the same suit in which such debt or demand maybe recovered against the Company. 11. The Company shall have power to levy and collect assessments upon the shares from time to time, of suicli suras of money as may be deemed necessary for carrying on the business of the Company; and whenever any assessment shall be made by the stockholdets, it shall be the duty of the Presi- dent t6 give notice thereof in one of the public Newspapers of the City, requiring payment of the same within thirty days, at the office or place of business of the Company j and in case of non-payment, the delinquent shares may be sold at public auction to the highest bidder, and after retaining the amount of assessment and interest on each share, and all expenses, the residue (if any) shall be paid over to the former owner ; pro- vided always, that no assessment shall be made except by a yote of the stockholders, and by a majprity of all the shares. 12. All meetings of th^ stockholders shall be called by seven 16 V C 63] BRIDGE COMPANIES. 921 days at least public notice being given of the time and place in one of the public Newspapers of the City ; and special meetings may be called by the President under the authority of the Directors, or by shareholders representing not less than one thousand shares, upon giving the like notice. 13. It shall be lawful for the Company and their successors, deputies, agfents, servants, workmen, and assistants, and they are hereby authorized and empowered to design, erect, order, and build, or cause to be built, and to complete, maintain, and keep in repair, a bridge or roadway of such design, form, materials, dimensions, and construction as they shall think fit, across the sand flats of Courtney Bay aforesaid, from the City of Saint John to the Parish of Simonds, and at and from and to such points and places in the said City and Parish as they may deem most advisable and fit for suth bridge or roadway, and to dig and make proper foundations and works on the lands and grounds lying on each side of the said Bay, for the towers, piers, abutments, and other purposes of the bridge or roadway, and to cut and level the said lands and grounds as may be necessary, and to cut, remove, and take away any impediment or obstruction which may in anywise tend to hinder the erecting and completing the bridge ; and without any previous agreement with the owner or owners, tenant or tenants, occupier or occupiers thereof, to enter upon, use, occupy, and appropriate so much of the said flats, lands, and grounds as may be required for the site, construction, and purposes of the said bridge or roadway, and to lay out, ex- plore, survey, and establish the line, course, and position thereof, through and across the said flats, and also to connect the same by suitable roadways to the streets of the City, and the roads and highways of the said Parish of Simonds, on either side of the said Bay, and to execute all other things necessary and requisite, useful, or convenient for erecting, building, maintaining, and supporting the said bridge or road- way, according to the true intent and meaning of this Act, making such satisfaction nevertheless, as is hereinafter men- tioned, to the respective owners or occupiers of all lands, grounds, tenements, and hereditaments which shall be used, occupied, taken, or appropriated by means or for the purposes of this Act ; provided always, that in case it may be deemed 922 BRIDGE COMPANIES. [16 V C 63 necessary for the purposes of this Act to use, occupy, or enter upon any common lands of the City, or premises belonging to the Mayor, Aldermen, and Commonalty of the City of Saint John, the previous consent and agreement of the said Mayor, Aldermen, and Commonalty of the City of Saint John shall be had and obtained, and testified by some deed or instrument under their Common Seal ; and provided also, that a sufficient dravv or other means shall be placed and maintained in the said bridge or roadway to allow access to ships and vessels up and down the Creek, running through the sand flats into the Harbour, at all suitable and reasonable times, and under proper regulations. 14. The Company shall and may erect and set up one or more gate or gates, turnpike or turnpikes, in, upon, and across the said intended bridge or roadway, or within twenty yards thereof, together with toll houses and necessary buildings, conveniences, and fences, near to each gate or turnpike across the said bridge or roadway, or the street, road, or avenue immediately communicating therewith ; and the respective tolls following may be demanded and taken by such person or persons as the Company may appoint, for each and every time of passing over or upon the said bridge or roadway, that is to say : — For every foot passenger, not to exceed two pence ; for every horse, mare, gelding, mule, or ass, not to exceed one shilling; for every carriage drawn by one horse or beast of draught, with one person, not to exceed two shillings | for every horse or beast of draught more than one, drawing a carriage, not to exceed six pence ; for every person more than one with a carriage, not to exceed two pence ; for neat cattle, not to exceed four pence each ; for sheep, calves, or hogs, not to ex- ceed one halfpenny each; children under five years of age to pass free. 15. It shall be lawful for any collector of tolls to stop and prevent the passage of any person neglecting or refusing to pay the said tolls, or any of them, or of the horse, beast, cattle, carriage, or other thing, for or in respect of which the said tolls ought to be paid ; and it shall be lawful for any such collector to seize and detain the goods and chattels of such person, or such horse, beast, cattle, carriage, or other thing ; and in case the tolls shall not be fully paid or satisfied, with all reasonable 16 V C 63] BRIDGE COMPANIES. 923 costs and charges of making, detaining, and keeping such distress, within five days, the collector may sell the same, rendering the overplus (if any) after deducting such costs and charges of making, detaining, and selling such distress, to the owner thereof. 16. If any dispute shall arise respecting the amount of tolls due, or the amount of such costs and charges, the collector or person distraining may detain the distress, or the money arising from the sale thereof, until the amount shall be ascer- tained by some Justice of the Peace of the City and County of Saint John, who on application shall examine the matter on the oath or oaths of the parties, or other parties, and shall determine the amount of tolls, costs, and charges due, which amount shall be paid to the collector before he shall be obliged to return the distress, or the overplus after sale. 17. The Company shall make, and allow, and pay reasonable and proper compensation and satisfaction for all lands, tene- ments, and hereditaments taken, used, occupied, or appro- priated for the purposes of this Act ; and in case no agreement can be made by the Company and the respective owners of such lands, tenements, and hereditaments, the Mayor of the City, or should he be a stockholder in the' said Company, then and in such case any Judge of the Supreme Court, shall issue a warrant to the Sheriff of the City and County of Saint John, or in case of his being a party interested, then to the Coroner of the said City and County, and in case of his being interested, then to some person who may be disinterested, requiring him to summon a jury of twelve disinterested freeholders of the City and County, who shall set and appraise the damages sus- tained by such owner, on oath of the said jurors, and any witness or witnesses, to be administered by such Sheriff, Coroner, or other person, and the jury shall also inquire and return in their verdict who are the owner or owners to whom such value and damage shall be paid. 18. The Sheriff, Coroner, or other person, as the case may be, in holding such inquiry, shall be entitled to the same fees and invested with the same jurisdiction, powers, and authority as such Sheriff would have in executing any writ of inquiry of the Supreme Court ; and the jury shall be authorized in assess- ing the damages, to take into consideration the advantages S24 BRIDGE COMPANIES, [16 V C 63 which may accrue to such owner by the erection and establish- ment of the bridge, in diminution of such damages ; and the amount assessed shall be returned with the name or names of the owner or owners as aforesaid, Eind the inquisition, award, or verdict of the jury shall be filed in the office of the Clerk of the Peace of the City and County, and shall be final and con- clusive between the parties; and the amount so assessed shall be borne by the Company and shall be paid by them within three months after the said inquisition, award, or verdict shall be filed as aforesaid. 19. If any person shall wilfully and maliciously break, damage, injure, throw down, or destroy any of the works or materials of the Company, he shall be adjudged guilty of felony. 20. No toll whatever shall be demanded or taken for any horse, beast, cattle, or carriage employed in respect of the Mails, or for any soldier on duty, or for any horse, cattle, or carriages attending them with their arms or baggage, or em- ployed in the service of theOrdnance, Barrack, or Commissariat Departments ; and no rates or taxes for public charges shall be assessed or levied on the Company in respect of the bridge either in the City of Saint John or in the Parish of Simonds. 21. The Directors shall at every general annual meeting lay before the stockholders an exact and particular statement of the then state of the affairs and business, which statement shall be signed by the Directors or the major part of them, and a duplicate thereof shall be transmitted to the Provincial Secretary for the information of the Government. 22. If any shareholder shall fail to pay the amount of any assessment made by the said Company, or any part thereof, it shall be lawful for the Company to sue such shareholder for the amount in any Court of law or equity having jurisdiction, and to recover the same with interest and costs. 23. In any such action it shall be sufficient for the Company to declare that the defendant is the holder of one share or more in the said Company, [state the number of shares] and is indebted to the Company in the sum to which the assessment or assessments in arrear shall amount, in respect of one assess- ment or more upon one share or more [state the number and amount of such assessments] by means of which an action hath accrued to the Company by virtue of this Act. 16 V C 63] BRIDGE COMPANIES. 925 24. On the trial or hearing, it shall be sufficient to prove that the defendant, at the time of making such assessment, was a holder of one share or more in the said undertaking, and that such assessment was in faCt made, and it shall not be necessary to prove any other matter whatsoever, and thereupon the Com- pany shall be entitled to recover what shall be due upon such call, with interest and costs. 25. A plan and fully detailed description of the site and position of the road to be built under this Act, shall be filed in the offices of the Provincial Secretary and of the Common Clerk of the City of Saint John ; and the site and position so selected shall be subject to the approval of the Lieutenant Governor in Council. 26. Unless at least ten per cent, of the capital stock of the said Company be paid in to the Treasurer of the said Company, and the Work commenced according to the plan as herein specified to be filed, and as sanctioned by the Governor and Council, within three years, and fully completed within five years from the passing of this Act, then this Act shall be nwlJ and void. 926 MINING COMPANIES, [10 V C 73 atisriivc} cojMPAiviKS. JOth Victoria — Chapter 73. An Act to incorporate the York and Carleton Mining Company. Section. , Section. 1. Incorporation of Company. 5. Shareholders liable, to whom, a. First meeting, where neld. 6. Increase of capital. 3. Capital, 8ec. 7. Shares may be assessed, &e. 4". Debts, for what liable. 8. Act, when may terminate. ' Passed lith Jpril 1847. Whereas the efficient opening and working of Mines in the Counties of York and Carleton will be highly advantageous to the Province : And whereas the amount of capital necessary to be invested in such an undertaking renders it essential that the Company engaged therein should be incorporated^; — Be if therefore enacted, Sfc. — 1. Lemuel Allan Wilmot, James Tibbits, Robert D. Wilmot, William Stevens, and Charles Fisher, their associates, successors, and assigns, shall be and they are hereby erected into a Company, and declared to be a body politic and corporate, by the name of *' The York and Carleton Mining Company," and by that name shall have all the general powers and privileges made incident to a Cor- poration by Act of Assembly of this Province, for the purpose of opening and working of Mines in the Counties of York and Carleton , and establishing all necessary works therewith connec- ted, and for the convenient carrying on and managing the same. 2. The first meeting of the said Corporation shall be held at Fredericton,in the County of York, and shall be called by any one member of the said Company, by giving at least twenty days notice in the Royal Gazette published in this Province previous to such meeting. 3. The capital stock of the said Corporation shall consist of the sum of thirty thousand pounds, to be paid in such money as shall at the time of the several payments hereinafter expressed he a legal tender in this Province, fifteen per centum of the said capital stock to be paid in before the said Corpora- tion shall be entitled to purchase aiiy property, real or personal, or incur any debts; and the remainder of the said stock to be paid at such time and times, and in such parts or portions as the business of the Company shall from time to time require, 10 V C 73] MINING COMPANIES. 927 the whole amount of such capital stock to be divided into twelve hundred shares of twenty five pounds each. 4. The joint stock and property of the Company shall alone in the first instance be responsible for the debts and engage- ments of the said Company ; and no creditors, or person or persons having any demand against the said Company, for or on account of any dealings with the said Company, shall have recourse against the separate property of any shareholder on account thereof, except in case of deficiency, or where the joint stock of the said Company shall fall short of or not be equal to the payment of any debt, due, or demand against the same, then and in such case the goods and chattels, lands and tenements of each shareholder, shall and may be levied upon and seized respectively to satisfy such debt or demand, to the extent of double the amount of the share, or shares, or interest of such shareholder in the joint stock of the said Com- pany, but no more ; and such double amount, or so much as may be necessary to satisfy such debt, due, or demand, shall and may be levied and seized by process of execution in the same suit in which such debt, due, or demand may be recovered against the said Company. 5. Each and every shareholder in the said Corporation shall be held liable to the said Company for each and every call or assessment made, (not however to exceed in amount the stock so subscribed for) for the purpose of enabling th'e said Company to pay the debts and engagements of the said Corporation, or to carry on the operations for which the said Company is incorporated, and shall and maybe sued for by the said Corporation, and recovered in any Court of Record within the Province. 6. So soon as the said capital stock shall have been paid i» and expended for the purposes of this Corporation, it shall and may be lawful for the said stockholders, at any general meeting to be for that purpose called, to increase the said capital stock from time to time, in such sums as they may deem expedient, to a sum not exceeding one, hundred thousand pounds, and they shall have power from time to time to increase the num- ber of shares accordingly, or from time to time to assess such increase upon the original number of shares, or to increase the capital by both assessments upon and increase of shares. 928 MINING COMPANIES. [12 V c 57 7. The said Company shall have power to levy and collect assessments upon the shares from time to time, of such sums of money as may be deemed necessary for carrying on the business of the said Company, and whenever any assessment shall be made by the stockholders of the Company, it shall be the duty of the Treasurer to give notice thereof in a Newspaper printed and published in this Province, and also in the Royal Gazette, requiring payment of the same within thirty days; and if any stockholder shall neglect or refuse to pay to the Treasurer the amount of such assessment upon his shares at the time prescribed, it shall be the duty of the Treasurer to advertise all such delinquent shares for sale at public auction, giving at least thirty days notice of the time and place of such salefj and all shares upon which the assessment is not then paid^ with interest from the time such assessment became due, shall be sold to the highest bidder; and after retaining the amount of such assessment and interest due on each share, and the expense of advertising and selling, the residue (if any) shall be paid over to the former owner, and a new certificate or certificates of the shares so sold shall be made out and deli- vered to the purchaser ; provided always, that no assessment shall be made except by a vote of the stockholders, and a majority of all the shares. 8. Unless fifteen per centum of the said capital stock shall ISB actually paid in for the purposes of the said Corporation, and a certificate of such payment made and verified on oath by the Directors of the said Corporation, or a majority of them, (wbich oath any Justice of the Peace is hereby authorized to administer) shall be filed in the Office of the Secretary of the Province before the expiration of three years after the passing of this Act, the operation of this Act shall cease, and the exist- ence of the said Corporation be terminated at the expiration of the said three years. 12th Victorian-Chapter 57. An Act to facilitate the operations of the York and Carle- ton Mining Company. Section. Section. 1. What lease may be cancelled, &c. 3. Sum granted for what. S. What duty reserred. 4. Act when to be iu force. 12 V C 57] MINING COMPANIES. 929 Passed \^lh April 1849. Whereas the York and Carleton Mining Company have invested a large sum of money in commencing and carrying on their operations in the manufacture of Iron in the County of Carleton, and have, by Petition to the Legislature, prayed that their present Lease for twenty five years may be extended to the term of ninety nine years, and that the present reserva- tion of five per centum on the value of the Ore raided may be commuted into a fixed duty of one penny per ton on the Iron smelted, and that such other encouragement may be extended as may be deemed just : And whereas it is considered advi- sable to afford every encouragement to the said Company in the prosecution of their important enterprise ; — Be it therefore enacted, Sfc. — 1. From and after the passing of this Act, it shall and may be lawful for His Excellency the Lieutenant GovernororAdministratoroftheGovernment for the time being, by and with the advice and consent of the Executive Council, to revoke, cancel, and annul the present lease, and to issue a new lease in lieu thereof, for the term of ninety nine years, to commence at and from the date of the former lease. 2. It shall and may be lawful for His Excellency the Lieu- tenant Governor or Administrator of the Government for the time being, by and with the advice and consent aforesaid, to reserve in the said lease a duty of one penny per ton on the iron smelted by the said Company, in lieu of the duty of five per centum now reserved in the present lease. 3. And for the further encouragement of the said Company, there be granted to His Excellency the Lieutenant Governor or Administrator of the Government for the time being, the sum of one thousand five hundred pounds, to be applied towards the purchase often thousand acres of wilderness lands by the said Company, situated on the northeastern side of the River Saint John, in the said County of Carleton, to be selected by and surveyed at the expense of the said Company ; and the said money shall be applied as aforesaid, whenever it shall be made to appear to His Excellency the Lieutenant Governor or Administrator of the Government for the time being, that the said Company have smelted at least three hundred tons of Pig Iron at their Works in the said County of Carleton. 4. This Act shall not come into operation or be in force until the first day of September next. 59 930 MINING COMPANIES. [15 V C 87 15th Victoria — Chapter 87. An Act to incorpbrate the Albert Mining Company. Section. Section. 1. Incorporation of Company. 7. Assessments for shares. 3. First meeting, when and jirhere held. 8. Entry of private property, when allowed, 3. Capital. ■ '' ' - ' ' ' ^ f 9, Cei*tificate to be iiled.' " i. Debts, &c., who responsible. 10. Suits not com,promised. 5. Shareholders, to what liable. ' il'. Entry on property -liniited, Ac. 6. Jncr^a^e oj' capital. Pa^sefi jth April 1852. Whereas a Joint Stock Company has been formed for the purpose of opening and working Mines in the County of Albert, who have expended a large sum of money in mining operations, and in the purchase of lands, erectign of buildings, and making other improvements in connection therewith : And whereas the better to enable the said Company to prosecute the said business, it is deemed advisable it should be incor- porated ; — , , J , ; Be it enacted, Sfc. — 1. , Ed.ward Alljson, Jonathan C, Allison, David Allison, VVillifim Cairns, John Qairns, ,A.le3carider Wright, Nathaniel Gould, and James Dowie,, their associates, successors, and assigns, shall be and they are hereby erpcted into a Company, and declared to be a body politic and corpo- rate, by the name of "The Albert Mining Company," and by that name shall have all: the general powers and privileges made incident to a Corporation by Act of. Aas&ipbly in ,tliis Province, for the purpose of opening and working Minesin the County of Albert, ap4 estg.blishing all necessary works con- nected t|ierewith, , and for; the convenient carrying on and managing th^ same. ?. The first meeting of the said Corporation, for the organic zation thereof, shall be held at Hillsborough, in (he County of Albert, after fifteen days notice given in the Royal Gazette by one naetuber of the said Corporation ; provided that the corporate powers shall not be deemed to be conferred upon said Company until a majority of members present at a meet- ing c?illed as aforesaid shall determine to accept this Charter. 3. The capital stock of the said Corporation shall consist of the sum of thirty thousand pounds of lawful money, to be paid at such times and in such portions as the business of the Com- pany may from time to time require, and to be divided into twelve hundred shares of twenty five pounds each. 15 V C 87] MINING COMPANIES. 931 4. The joint stock and property of the Company shall alone in the first instance be responsible for the debts and engage- ments of the said Company ; and no creditor, or person or persons having any demand against the said Company, for or on account of any dealings with the said Company, shall hare recourse against the separate property of any shareholder on account thereof, except in case of deficiency, or when the joint stock of the said Company shall fall short or not be equal to the payment of any debt, due, or demand against the same, then and in such case the goods and chattels, lands and tene- ments of each shareholder, shall and may be levied upon and seized respectively to satisfy such debt or demand, to the extent of double the amount of the share, or shares, or interest of such shareholder in the joint stock of the said Company, but no more. 5. Each and every shareholder in the said Corporation shall be held liable to the said Company for each and every call or assessment made, (not however to exceed in amount the stock so subscribed for) for the purpose of enabling the said Company to pay the debts and engagements of the said Cor- poration, or to carry on the operations for which the said Company is incorporated, and shall and may be sued for by the said Corporation, and recovered in any Court of Record within the Province. 6. So soon as the capital stock shall have been paid in and expended for the purposes of this Corporation, it shall and may be lawful for the said stockholders, at any general meeting to be for that purpose called, to increase the said capital stock from time to time, in such sums as they may deem expedient, to a sum not exceeding one hundred thousand pounds, and they shall have p6wer from lime to time to increase the number of shares accordingly, or from time to time to assess such increase upon the original number of shares, or to increase the capital by both assessments and increase of shares. 7. The Company shall have power to levy and collect assess- ments upon the shares from time to time, of such sums of money as may be deemed necessary for carrying on the business of the said Company ; and whenever any assessment shall be made by the stockholders of the Company, it shall be the duty of the Treasurer to give notice thereof in a Newspaper printed 932 MINING COMPANIES. [15 V c 87 and published in this Province, and also in the Royal Gazette, requiring payment of the same within thirty days ; and if any stockholder shall neglect or refuse to pay to the Treasurer the amount of such assessment upon his shares at the time pre- scribed, it shall be the duty of the Treasurer to advertise a!l such delinquent shares for sale at public auction, giving at least thirty djays notice of the time and place of such sE^lp; and all shares upon which the assessment is not then paid, with interest from the time such assessment became due, shall be sold to the highest bidder, and after retaining the amount of such assess- ment and interest due on each share, and the expense of advertising and selling, the residue (if any) shall be paid over to the former owner, and a new certificate or certificates of the shares so sold shall be made out and delivered fo the purchaser ^ provided always, that no assessment shall be made except by a vote of the stockholders, and a majority of all the shares. 8, If at any time it shall be deemed necessary by the said Corporation, their agents, or servants, to enter upon the estate, lands, or grounds, being the private property of any person or persons, for the purpose of carrying on their mining operations, they shall allow to the owners of such lands such reasonable compensation, by way of rent or otherwise, as may be agreed upon, for the damages such owner may sustain by reason thereof, and if the said Corporation shall not be able to agree with such owner or owners of the soil, as to the amount to be paid to the said owner or owners, for the damages he or they may sustain in consequence of such mining operations being carried on upon his or their land, then such compensation and satisfaction shall be determined by three disinterested arbi- trators, one to be chosen by the said Corporation, and one by the owner or owners, occupier or occupiers of the private pro- perty in question, which two arbitrators so chosen shall choose a third arbitrator, and in case of their not agreeing in such choice within ten days after their appointment, then and in such case it shall and may be lawful for the Lieutenant Go- vernor or Administrator of the Government for the time being, upon the application of the said Corporation, to appoint the third arbitrator ; and the award of the said arbitrators, or, any two of them, shall be final and conclusive in the matters referred to them ; and in case any of the owners or occupiers of such 15 V C 87] MINING COMPANIES. 933 private property shall decline making any such agreement or appointing such arbitrator, then and in every such case the said Corporation shall make application to the Supreme Court, or any Judge thereof, stating the grounds of such application, and such Court of Judge is hereby required from time to time, upon such application, to issue a writ or warrant in such form as the said Court or Judge may prescribe, to the Sheriff of the County of Albert, or in case he is interested, then to one of the Coroners of the said County, and in case the Sheriff and Coroners are all interested, then to some person or persons, commanding such Sheriff, Coroner, person or persons, as the case may be, to summon and empanel a jury of five freeholders within the said County, who may be altogether disinterested, and do not reside within ten miles of the land in question, which jury upon their oaths, (all which oaths, as well as the oaths to be taken by any person or persons who shall be called to give evidence in the matter, the Sheriff, Coroner, or person or persons summoning such jury, is hereby empowered to administer) shall inquire, ascertain, and assess the distinct sum or sums of money or annual rent to be paid as the amount of compensation and satisfaction for the damages that may and shall be sustained by such owner or owners, occupier or occu- piers of such private property as aforesaid ; and the inquisition, award, or verdict of such jury shall be returned and filed in the office of the Clerk of the Pleas of the said Supreme Court, shall be final and conclusive between the parties ; which amount so assessed as aforesaid, and the costs and expenses of such proceeding to be taxed and allowed by the said Supreme Court, shall be borne by the said Corporation, and shall be paid within thirty days after the said inquisition, award, or verdict shall be filed as aforesaid, and until such payment shall be made the said Corporation shall not be entitled to enter upon the said land; and in case an annual rent shall be awarded, unless such rent is paid within thirty days after it falls due, the power to enter under the said award shall be deemed to be annulled and discontinued. 9. Before the said Corporation shall contract any debts, a certificate shall be filed in the Office of the Secretary of the Province, verified by the oath of the Secretary or other prin- cipal officer of the Corporation, which oath any Justice of the 934 MINING COMPANIES. [17 V c 64 Peace is hereby authorized to administer, to the effect that the sum of eight thousand pounds has been actually paid and expended for the purposes of the said Company, and unless such certificate be filed in manner herein directed,. within three calendar months after the acceptance of this Charter, the cor- porate powers hereby conferred shall cease and become of no effect. 10. Nothing in this Act contained shall be construed to inter- fere with or compromise in any way the rights of the respective parties between whom suits are now pending, for any matter, cause, or thing which has happened or been committed before the passing of this Act, any thing herein contained to the con- trary notwithstanding. 11. Notwithstanding the provisions of the eighth Section of this Act, the power and authority and provision contained in the said Section, to enable the said Corporation to enter upon private property, shall only be deemed and taken to extend to the tract of wilderness land of one mile square, comprised in the Lease or Licence from the Crown made under the Great Seal of this Province to Peter Duffy and John Duffy, bearing date the eleventh day of January one thousand eight hundred and fifty, and registered in the OfHce of the Secretary and Register of this Province on the twelfth day of January one thousand eight hundred and fifty ; nor shall this Act come into operation or be in force until Her Majesty's Royal approbation be thereto first: had and declared. [ This Act was specially confirmed, ratified, arid finally enacted by an Order of Her Majesty in Council, dated the I6th day of October 1852, and published and declared in this Province the I7ih day qf November 1852.] 17th Victoria — Chapter 64. An Act to incorporate the Asphalte Mining and Kerosene Gas Company. Section. Section. 1. Corporation, how constituted. S. OfGce for business, where to be kept. Passed Isl May 1854. Whereas Theophylait Southerwaite, Eugene Legal, Wil- liam B. Deen, Horatio Eagle, Frederick W. Cooledge, Laurent DeJmonico, and others, have formed themselves into a joint stock Company in New York, in the United States of America, 37 V C 64] MINING COMPANIES. 935 under the title of " The Asphalte Mining and Kerosene Gas Company," for the purpose of mining asphaltum, asphalte rock, and other minerals, the manufacture of illuminating gas, burning fluids, &c., and for the manufacture of mastics, cements, and hydraulic concretes ; — Be it enacted, fyc, — 1. The persons so formed into a joint stock Company in New York, in the United States of America, as set forth in the Preamble to this Act, are hereby declared to be incorporated under the style of " The Asphalte Mining and Kerosene Gas Company," and shall have all the powers and privileges made incident to a Corporation by Act of Assembly in this Province, for the purpose of mining asphaltum, asphalte rock, and other minerals, the manufacture of illumi- nating gas, burning fluids, &c., and for the manufacture of mastics, cements, and hydraulic concretes. 2. The said Company shall keep an office at Dorchester, in the County of Westmorland, and an Agent there for the tran- saction of business connected with the Corporation in this Province, service upon whom of all process, notices, and other documents, shall be deemed sufficient service upon the said Corporation. 936 MILL COMPANIES. [4 W 4 c 39 miili COMPAIVIES. 4th William 4th — Chapter 39, An Act for the incorporation of the Saint John Mills and Canal Company. Sebtion. Section. 1. Incorporation of Company. 2, Act deemed public. Passed 22nd March 1834. Whereas it is thought that the opening of Canals across the neck^ of land at the FaUs of the Saint John River, near the City pf Saint John, would afford a good water power for driving Mill and other machinery ; and that it would be essential to the success of the undertaking that an Act of Assembly incorporating a Company for that purpose should be granted; and that the erecting of Mills at that place would materially benefit the trade of the said City, and be of great advantage to the lumbering interests of the Province ; — Be it enacted, ^c. — 1. William Walker, James Kirk, John Robertson, William Leavitt, Isaac Woodward, Angus M'- Kenzie, John V. Thurgar, James T. Hanford, Elisha De W. Ratchford, Moses H. Perley, John Wilson, and Thomas Wyer, and all and every such other person and persons as shall from time to time become proprietors of shares in the Corporation hereby established, their successors, and assigns, shall be and they are hereby erected into a Company, and declared to be a body politic and corporate,, by the name of " The Saint John Mills and Canal Company," and by that name shall have suc- cession and a common seal ; and by that name shall and may sue and be sued, plead and be impleaded, answer and be answered unto, defend and be defended in any Court or Courts of law or equity, or place whatsoever, and be able and capable in law to have, hold, purchase, get, receive, take on lease, erect, set up, possess, and enjoy houses, lands, tenements, here- ditaments, mills, mill-dams, booms, waters, water privileges, rents, and profits, in fee simple, leasehold, or otherwise, and also goods and chattels, and all other things, real, personal, and mixed, and also to give, grant, sell, let, assign, or convey the same or any part thereof, and to do and execute all other things in and about the same as shall and may be thought necessary and proper for the benefit and advantage of the said 17 V C 55] MILL COMPANIES. 937 Company ; and also the said Company or the major part of them shall from time to time and at all times have full power, authority, and licence to constitute, ordain, make, and establish such bye laws and ordinances as may be thought necessary for the good rule and government of the said Corporation ; pro- vided such bye laws and ordinances be not contradictory or repugnant to the laws and statutes of the Province, and those in force within the same ; and provided also, that nothing herein contained shall be held or construed to give the said Company the privilege of dealing in the lending of money by way of discount or otherwise, or engaging in any banking opera- tions whatsoever. 2. This Act shall be accepted and taken and reputed to be a public Act, of which all and every the Judges and Justices of this Province in all Courts, and all other persons, shall take notice on all occasions whatsoever, as if it were a public Act of Assembly relating to the whole Province, any thing herein contained to the contrary thereof in anywise notwithstanding. 17th Victoria — Chapter 55. An Act to incorporate the Fredericton Mill and Manufac- turing Company. Section. Section. 1. CorpovatioD, how constituted, . 4. Capital stock, bow increased. 2. First meeting, liow and when called. 5. Stock, for what responsible. 3. Capital stock, extent of; and how paid in. 6. When this Act shall be in force. Passed \s( May 1854. Whereas the erection of Mills and machinery for the manu- facture of lumber and flour, and for carding and fulling, and other purposes, within or near the City of Fredericton, would greatly promote the interest of this Province, it is deemed expedient to incorporate a Company for that object ; — Be it therefore enacted, ifc. — 1. Joseph Gaynor, T. R. Barker, David Scott, Robert Chestnut, Thomas T. Smith, Joseph Burt, W. A. Clark, John Atherton, Joseph Stantiford, John T. Smith, William Segee, and their associates, succes- sors, and assigns, shall be and they are hereby erected into a Company for the purpose declared in the Preamble to this Act, and declared to be a body politic and corporate, by the name of "The Fredericton Mill and Manufacturing Company," 938 MILL COMPANIES. [17 V c 55 and by thai name shall have all the general powers and privi- leges made incident to a Corporation by Act of Assembly of this Province. 2. The first meeting of the said Corporation shall be called by Thomas R. Barker, Esquire, or in case of his death, neglect, or refusal, by any two of the said Company, by giving notice ten days at least in some one Newspaper published in the City of Fredericton, previous to such meeting, which shall and may be holden at the time and place specified in such notice. 3. The capital stock of the said Corporation shall consist of the sum of ten thousand pounds, to be paid in such money as shall at the time of the several payments hereinafter expressed be a legal tender in this Province^ fifteen per cent, of the said capital stock to be paid in before the said Corporation shall be entitled to purchase any property, real or personal, or to incu r any debts, and the remainder of the said stock to be paid at such time and' times, and in such part or portions as 1 he Direc- tors for the time being shall from time to time think necessary, the whole amount of such capital stock to be divided into shares of five pounds each. 4. So soon as the said capital stock shall have been paid in and expended for the purposes of this Corporation, it shall and may be lawful for the said stockholders, at any general meeting to be for that purpose called, to increase the capital stodc from time to time, in such sums as they may deem expedient, to a sum not exceeding fifty thousand pounds, and they shall have power from time to time to increase the number of shares accordingly, or from time to time to assess such increase upon the original number of shares, or to increase the capital by both assessments upon and increase of shares. 5. The joint stock and property of the said Corporation shall alone be responsible for the debts and engagements of the Company. 6. Unless fifteen per cent, of the said capital stock shall be actually paid in for the purposes of the said Corporation, and a certificate of such payment made and verified on oath by the Directors of the said Corporation, or a majority of them, (which oath any Justice of the Peace is hereby authorized to adminis- ter) shall be filed in the Office of the Secretary of the Province before the expiration of three years after the passing of this 17 V C 57] MILL COMPANIES. 939 Act, the operation of this Act shall cease, and the existence of the said Corporation be terminated at the expiration of the said three years. 17th Victoria — Chapter 57. An Act to incorporcite the Middle Landing Mills Company in Saint Stephen. Section. Section. 1. Corporation, bow constituted. 4. Powers of Company to levy from Mill S. First meeting. owners. 3. Power of Company as to certain worts, 5. ^Extent of lien and sale of stock'. Officers, and bye laws. 6. Number of votes of proprietor. 7. Owners, how far individually liable. Passed 1st My 1854. Be it enacted, ^c. — 1. Freeman H. Todd, Abner Hill, James Belmore, Benjamin Young, Zacharias Chipman, and others, the proprietors of the Mill property at Middle Landing, in the Parish of Saint Stephen, in the County of Charlotte, their successors and assigns, be and they are hereby declared to be a body corporate and politic, by the name of " The Middle Landing Mills Company," and by that name shall have all the general powers and privileges made incident to a Cor- poration by Act of Assembly of this Province, for the purpose of building dams, booms, piers, iishways, and sluices, and repairing and improving the same ; and for the getting down, security, safe keeping, and separation of logs and timber, owned by different persons at Middle Landing aforesaid, and passing through such lumber as may belong below the said Mills as soon as safely practicable, and for any other purpose required by the common interest of the said proprietors. 2. The first meeting of the said Corporation shall be called by Freeman H. Todd, or in case of his death, absence, or refusal to act, by any two of the said Corporation, after ten days notice in a Newspaper published in Saint Stephen, of the time and place of meeting, or if no Newspaper there, by notice in writing stuck up in three of the most public places in said Parish, one of which shall be in some conspicuous place near the said Mills ; and subsequent meetings shall be called in the same manner. 3. The said Company shall have full power and authority to make and construct such dams, piers, booms, fishways, and sluices, as may be necessary and useful for the common 940 MILL COMPANIES. [17 V c 57 interest of the said proprietors or the public, and from time to time to repair and improve the same, and to do any other act or thing required or expedient to be done in the premises, and to choose officers, and to make bye laws for the better management of its concerns. 4. The said Corporation shall from time to time, first giving ten days notice of the time and place of meeting in manner aforesaid, have power to levy and collect from the proprietors of the said Mills, or the occupiers of the same for the time being, according to their respective interest or occupancy, slich sums of money as may' be deemed necessary for the purposes aforesaid ; and it shall be the duty of the Treasurer to give ten days notice of any assessment made by the Corporation, and the amount thereof on each proprietor or occupi6r for the time being, in a Newspaper published in Saint Stephen, and if none, then in manner aforesaid, requiring payment of the same. 6. The Corporation shall have a lien on all timber, logs, and other lumber belonging to the said proprietors or occupants in the said Booms, or manufactured in said Mills, for the payment of such assessments, and in case of neglect or refusal to pay, so much of said logs, timber, or other lumber of each owner or occupant as may be necessary to meet such assessment, with the expenses, may be sold by the Corporation to pay the same, after ten days notice thereof, in manner aforestiid, and the sur- plus (if any) shall be returned to the party assessed. 6. The proprietors of the said Mills respectively, shall each have the following number of votes in the said Corporatiota, viz : — The owner of a single Mill with one saw, four votes ; of a double Mill with two saws, eight votes ; of a Deal Mill with a gang of saws, twelve votes ; and in the same proportion for a quarter, half, or three fourths interest in any one of said Mills. 7. The said owners of Mills shall each be chargeable in their individual capacity, and shall be holden for the payment of all debts at any time due from the said Corporation, or damages sustained by the default or neglect of the same, or their agents, or servants, in proportion to the interest of each in the said Mills, a single Mill with one saw, being reckoned one ; a double Mill with two saws, two ; a Deal Mill with a gang of saws, three ; and in that proportion for any smaller interest in the same. 6 W 4 C 63] HOTEL COMPANY. 941 SAIKT J(»H] ■ 8. Wlio entitled to vote. 3. First meeting. 9. Debts, what responsible fpr. 4. Directors, liow appointed, &g. 10. Shares may be assessed. ' ' ' 5. Annual meetitig.for choice of Directors, 11. What lands, &c. may possess. &c. -- '■■' ''■ " 12. Shareholdelrsiii England, powers oK 6. Special iDeetings,.how called. 13. When Act may be. void. Passed 30th \^pril ISS\. Whereas the establishment pf a Fishery on the Northum- berland Straits, adjoining the shores pf, this Province, will be productive of great advantage to the public, and tend to pro- mote and extend both its commercial and agricultural resources : And whereas it is deenied-expedient to incorporate a Company for the purpose of managing sijch. Fishery ; — Se if therefore enacted, ^c. — 1. Joseph Avard, George Oulton, John Bent, and Alexander Munro, Esquires, William L. Trueman, William Silliker, Jacob Silliker, John Munro, James Munro, Joseph Harper, William Henry Buckerfield, and Thomas Edwin Oulton, and all and every person or per- sons who shall from time to time become proprietors of shares in the Cprporation hereby established, their successors and assigns, shall be and they are hereby erected into a Company, and declared to be a body corporate, by the name of " The Northumberland Straits Fishing Company," and by that name shall have perpetual succession and a common seal, and shall and may by that name sue snd be sued, implead and be im- pleaded, answer and be answered unto, and have and enjoy all the general powers and privileges made incident to a Corpo- ration by Act of Assembly of this Province, for the purpose of carrying on such Fishery. 2. The capital stock of the said Corporation shall be twenty thousand pounds, to be divided into two thousand shares of ten pounds each ; and such shares shall be deemed and taken to be personal estate, and transferable and distributable a» personal estate is transferable and distributable by the laws of this Province. 14 V C 14] FISHING COMPANY. 947 3. The first meeting of the Corporation shall be called by Alexander Munro, Esquire, when and as soon as four hundred shares of the stock of and in such Corporation shall have been taken and subscribed for ; and in case of his death or refusal to act, by any two of the above named corporators, after ten days notice in writing, in some Newspaper published in the City of Saint John, for the purpose of organizing such Corpo- ration ; which meeting shall be held at the time and place mentioned in such notice. 4. At such meeting or at any subsequent meeting to be held for that purpose, five Directors, owning respectively five or more shares in the said Corporation, shall be elected ; which Directors, or any three of them, at their first meeting after such election, shall choose one of their number to be President of the Company, and shall serve until the first annual meeting of the said Company for the choice of Directors, or until others shall be elected in their stead ; and such President and Directors shall have full power and authority to manage the affairs of the said Corporation, three being a quorum, subject to the bye laws and regulations which may from time to time be made by the said Corporation. 5. A general meeting of the shareholders in the said Corpo- ration shall be annually holden in the month of June at such place as shall be appointed at any previous meeting, or in default of such appointment, at Bay Verte, in the County of Westmorland; at which annual meeting, or at any adjournment thereof, there shall be chosen of the said shareholders five Directors, who shall continue in oflice for one year, or until others shall be appointed in their stead, and shall at their first meeting choose a President as aforesaid, who shall have a casting vote in case of equality at all meetings of such Di- rectors. 6. It shall and may be lawful for any three or more of the shareholders in the said Corporation, by writing under their hands, to call a special meeting of the said Corporation, the purpose or object, place, day, and hour of which meeting shall be stated in such writing, and twenty days notice thereof shall be given by public advertisement in some Newspaper published in the City of Saint John, and also by Circular addressed by the Secretary to every shareholder, and sent by Post to his or 948 FISHING COMPANY. [14 V C 14 her last known place of abode; and all proceedings < at such special meeting so called, shall be as valid and effectual as if taken at any general annual meeting as aforesaid. 7. The Directors for the time being shall have power to appoint a Secretary and Treasurer, and such other officers, and also such sub-committee or sub-committees as they or the major part of them shall think necessary, and shall allow such remuneration as they shall think proper for their services ; and the Directors shall exercise such powers and authorities for regulating the affairs and managing the business of the said Corporation, as shall be prescribed by the bye laws and regulations of the same. 8. Every person owning a share in the said Corporation shall be a member thereof, and be entitled to vote at all meet- ings of the said Company, and members may give as many votes as they own shares, and absent members may vote by proxy, such proxy being in writing under the band of such member; provided that at all meetings, whether of shareholders or Directors, all questions shall be decided by a majority of votes, the President or Chairman having a casting vote in case of equality of votes. 9. The joint property or stock of the said Corporation, whether real or personal, shall alone be liable for its debts or engagements, and no individual proprietor shall be or become answerable or accountable by any ways or means, for any other or greater sum of money than the amount of shares or stock which he shall actually and honafide possess in the capital stock of the said Corporation. 10. The President and Directors may from time to time assess upon each share such sum or sums of money as shall be judged by them to be necessary fori the purposes of the said Company, and appoint the same to be paid hx such time or times, and by such instalments as they may think propeir, not exceeding in the whole the sum of one pound in respect of each share ; provided that notice of such instalment shall be given by the Secretary in some two Newspapers published respectively in Saint John and in London, and also by Circular sent to each proprietor by Post, addressed to his or her last known place of abode, at least twenty days before the day appointed for such payment ; and in case of default in pay- 14 V C 14] FISHING COMPANY. 949 . , ment for the space of thirty days after the time appointed for such payment, the said Directors are hereby empowered to sue for and recover the same, or to declare such shares so in arrear forfeited, and to sell the same to the highest bidder, and apply the produce of such sale to the discharge of any instalment then due, with interest thereon ; and the transfer or assignment of the said Directors, under the common seal of the said Company, shall be good and valid to all intents and purposes whatsoever. 11. The said Company shall and may take, purchase, and hold any lands, tenements, or hereditaments in fee simple or otherwise, not exceeding in the whole five thousand acres, and also any moneys, securities for money, mortgages, ships, vessels, or shares in any shifts or vessels, shares or stock in any Com- pany, or other property whatsoever ; and shall and may have full power and authority at any general meeting, whether annual, special, or adjourned, to make and establish such bye laws and regulations as may be necessary for the management and ordering of the business of the said Company, and of the affairs and business thereof; and also respecting the making calls on the shares therein, the transfer and registry of such shares, and all other matters and things in any way concerning the said Corporation and the management thereof, and of the fishery intended to be established as aforesaid, provided that no such bye law shall be contradictory or repugnant to the laws of this Province ; provided also, that no such bye law shall have any power or effect until it shall have been submitted to and approved by the Lieutenant Governor in Council, and published in the Royal Gazette. 12. In the event of five hundred shares in the said Company being taken and subscribed for in England, it shall be lawful for the proprietors resident therein to choose four Directors from their own body, at a meeting to be held for that purpose, to be convened by public notice in some London Newspaper ; and such four Directors resident in England shall have such and the same powers and authorities as are hereby conferred upon the five Directors hereinbefore mentioned ; provided that nothing herein contained shall affect, alter, or abridge the power of the shareholders in England, as members of the said Corporation ; provided also, that after the election of such 950 FISHING COMPANY. [15 V c 27 four Directors, no call shall be made on the shareholders for any instalment on their shares, without the assent of three of such last mentioned Directors at some meeting to be held for that purpose ; and after such election, all the bye laws, regula- tions, and other proceedings, (except proceedings at any general meeting of shareholders) shall require the sanction and assent of at least five out of the nine Directors of the said Company, wherever resident, either at some meeting of the said Directors, or signified by writing under their hands, approving the resolutions of any previous meeting. 13. Provided always, that unless one fifth part of the said capital stock shall be actually paid in for the purposes of the said Corporation, and a certificate of such payment, verified on oath by the said Directors, or any three of them, (which oath any Justice of the Peace is hereby required to administer) shall be filed in the Office of the Secretary of the Province before the expiration of three years from the passing of this Act, the operation of this Act shall cease, and the existence of the said Corporation terminate at the end of the said three years ; provided always, that so soon as the whole of the said capital stock shall have been paid in for the purposes of the said Company, it shall be lawful for the said shareholders, at any general meeting to be called for that purpose, to increase the said capital stock from time to time as they shall judge expedient, to any sum not exceeding thirty thousand pounds. 15th Victoria^Chapter 27. An Act to amend an Act intituled An Act to incorporate the Northumberland Straits Fishing Company. Section. Section. 1. What Fishery may carry on. 3. AsBesBment .of shareB. S. Heduction of number ofehareE. 4. FreBident, how elected. Passed \9,th February 1862. Be it enacted, ^c. — 1. The Corporation established and organized under and by virtue of an Act made and passed in the fourteenth year of the Reign of Her present Majesty, inti- tuled An Act to incorporate the Northumberland Straits Fish- ing Compant/, shall have power and authority to establish and carry on a Fishery on the Bay of Fundy, and on the other Shores or Rivers of this Province. 17 V C 51] FISHING COMPANY. 951 2. The said Northumberland Straits Fishing Company shall and may commence and carry on their operations when and as soon as two hundred shares of the stock of such Corporation shall be taken and subscribed, instead of four hundred as men- tioned in the third Section of the hereinbefore recited Act. 3. The President and Directors of the said Company may from time to time assess «pon each share such sum or sums of money as they may think necessary for the purposes of the said Company, in manner prescribed by the tenth Section of the said Act, not exceeding the amount of ten pounds for each share in the whole of such instalments, , , 4. The President of the said Company may be elected from any of the Directors of the said Company, whether resident in this Country or in Great Britain, and at all meetings of Direc- tors at which he shall not be present, one other Director shall be chosen Chairman, and the acts of such meeting shall be as valid and effectual as if the President had , beeri then present and acted as Chairman. 17ih Victoria — Chapter 51. An Act in further amendment of an Act intituled An Act to incorporate the Northumberland Straits Fishing Company. Section. Section. 1. Extension of time. ^ 3. Recovery of calls, and evidence. 2. Capital Stock, how considered. 4. Directors, by whom and how elected. Passed \st May 1854. Be it enacted, ifc. — 1. The period limited by the thirteenth Section of an Act made and passed in the fourteenth year of Her present Majesty's Reign, intituled An Act to incorporate the Northumberland Straits Fishing Company, for paying up one fifth part of the capital stock of such Company, be ex- tended for the term of three years from the time of the passing of this Act, and all and singular the clauses, privileges, mat- ters, and things in the said Act, as amended by an Act passed in the fifteenth year of the same Reign for amending such last mentioned Act, shall be extended and enlarged for such term of three years. 2. The capital stock mentioned in such Acts shall be exclu- sive of the stock authorized to be raised by any Act in any 952 FISHING COMPANY. [17 V C 51 other of the Provinces of British North America, and in the event of an Imperial Charter being granted to the said Com- pany, shall be consolidated with such stock in one aggregate capital. 3. In any action for the recovery of any call it shall be suf' ficient to prove the handwriting of the defendant to the sub- scription list, or the payment of any previous call by him. 4. The shareholders of the said Company may elect six Directors in this ProvincCj or in Nova Scotia, or Prince Edward Island, if they think proper, instead of five, and any vacancy among the Directors by death, resignation, incapacity, or otherwise, shall be filled up by the remaining Directors until the next general annual meeting of shareholders. 14 V C 4] PLAISTEE COMPANY. 953 PIiA.XSTSR COmPAIVT. 14th Victoria — Chapter 4. An Act to incorporate the Hillsborough Plaister and Rail Road Company, Section. Bection. 1. lucorporation of ^ompa-ny. 6. Shares assignable;. S. Capital. 7. Debts, who liable for. 3. iFirat ineetipg. 8. Aet, when may be void. 4. Annual meeting. 9. Right of way, bow compensated. 5. Directors' powers. ... Passed ISth March 1851. Whereas the Township of Hillsborough, in the County of Albert, offers advantageous situations for the quarrying and working of free stone, marble, lime stone, and other building materials, quarrying and manufacturing of plaister, and for mining purposes ; and for procuring the requisite capital it is desirable to incorporate into a body politic and corporate such persons as may be willing to advance funds for such under- taking ; — Be it enacted, &fc. — 1. Samuel Fowler, Augustus C. Down- ing, Daniel C. Schanck, James Smith, and Charles Fowler, their associates, successors, and assigns, shall be and they are hereby erected into a body politic and corporate, by the name of " The Hillsborough Plaister and Rail Road Company," and by that name shall have a common seal, sue and be sued, plead an^ be impleaded, answer and be answered unto, defend and be defended in all Courts and places whatever, and shall have power and authority to purchase, hold, and enjoy lands, tene- ments, and hereditaments, for them and their successors and assigns, and all other powers and privileges now incident to a Corporation by Act of Assembly of this Province, for the pur- pose of quarrying, manufacturing, and trading in plaister, free stone, lime stone, marble, and 6ther building materials, con- veying the same to market, opening and working mines, and other business connected therewith ; and also the constructing and making of such railroad or other description of road as may be necessary for the transportation of such articles from the quarries to the place of shipment ; and also that they the said Company, or a majority of them, shall from time to time and at all times have full power and authority to constitute, 954 / PLAISTER COMPANY. [14 V C 4 ordain, make, and establish such bye laws and ordinances as may be deemed necessary for the good rule and government of the said Corporation, provided that such bye laws and ordi- nances be not contradictory or repugnant to the laws and statutes of this Province, and those in force within the same. 2. The capital stock of said Corporation shall be twenty five thousand pounds current money of the Province of New Brunswick, with liberty to increase the same to the sum of fifty thousand pounds, to be divided into shares of twenty five pounds each, to be paid in at such times and instalments as the business of the said Company shall require; and every person who shall be a holder of one or more shares shall be entitled to vote, either in person or by proxy, having one vote for each share as aforesaid ; and it shall be lawful for said Corporation to grant certificates of full stock, iti whole or part payment, for the consideration of lands, quarries, buildings, wharves, iflachinery,; mining rights or privileges, in the place of money subscription to said stock, at such valuation as a majority of all the subscribers shall fix, said subscription to become void if satisfactory titles or conveyances to the Corporation be not made at such a period as said Corporation may by any bye laws or vote direct after its organization. 3. The first meeting of the said Corporation shall be held at Hillsborough aforesaid, and shall be called by Samuel Fowler, Esquire, or in case of his death, neglect, or refusal, by any two of the said Company, by. giving notice in one or more Papers printed in the City of Saint John in this Province, at least thirty days previous to such meeting, in order to organize the said Company, and for the purpose of establishing bye laws, choosing Directors and such other officers as may be necessary, which Directors and officers so chosen shall continue in office until the first annual meeting, or until re-election, or others are chosen in their stead ; and thfi members of the said Company, or shareholders present or appearing by proxy, shall organize said Company, establish bye laws, and choose Directors of the said Company, by a majority of votes. 4. The shareholders shall meet annually at such time and place as may be appointed and regulated in and by the bye laws of said Company, at which meeting the shareholders present or by proxy may either continue in office the Directors 14 V C 4] PLAISTER COMPANY. 955 before appointed, or any number of them, or may elect a new body of Directors to supply the place of those not continued in office ; provided always, that the omission to meet shall work no forfeiture, but the shareholders may be afterwards called together for that purpose by one or more of the Directors of the said Company for the time being, or by any three of the shareholders. 5. The Directors and officers of the said Company, or a majority of them, shall have full power and authority to manage the concerns of said Corporation, subject to the bye laws of said Corporation, and the regulations herein contained, may appoint and employ any agent or other persons by them deemed necessary, may declare annual or semi-annual dividends or profits as ascertained by them ; but no person shall be eligible as a Director unless such person is a stockholder, and of the full age of twenty one years ; nor shall any sale or purchase of real estate be made by them, except by consent of two thirds of the stockholders voting as provided in Section second. 6. All the shares in the said Company shall be numbered in progressive order, and every member of said Company shall have a certificate under the seal of the said Corporation, and signed by the President and Clerk thereof, certifying his pro- perty in such shares as expressed in the certificate ; and the shares of the said Corporation shall be assignable, and such assignee shall thereupon become a member and stockholder in the said Company ; and whenever any stockholder or share- holder shall assign or transfer his stock or shares in the said Company, he shall cease to be a member of the said Corpo- ration. 7. The joint stock and property of the said Company shall alone be responsible for the debts and engagements of the same. 8. Provided always, that unless ten per cent, of the capital stock shall be paid in for the purposes of the Corporation, and a certificate of such payment, signed and verified on oath by the said Directors, or a majority of them, (which oath any Justice of the Peace is hereby authorized to administer) shall be filed in the Office of the Secretary of the Province before the expiration of three years after the passing of this Act, the opei;a- tion of this Act shall cease, and the existence of the said Corpo- ration be terminated at the expiration of the said three years. 956 PLAISTER COMPANY. [14 ¥04 9. And whereas also it may be necessary for the said Cor- poration to obtain a right of way or road over the lands of other persons, from their quarries to their wharves or place of shipment ; — In case where the Corporation cannot amicably agree with any person or persons as to the value of or damage done to his or their lands, by the making of any necessary road by the said Corporation from their said quarries to their wharves or place of shipment, then it shall and may be lawful for the said Corporation to obtain from two Justices of the Peace for the County where the said lands may lie, an appoint- ment in writing under their hands of five disinterested free- holders of said County, who shall under oath, to be adminis- tered by either of the said Justices, appraise the fair yalue of the land to be appropriated for said road, or the damages thereof, to the said party or parties over whose land the same may pass ; and upon the payment, by the said Corporation, of the amount of such value or damages to said party or parties, or upon a legal tender of the same by the Corporation, or their Attorney for that purpose appointed, it shall and may be lawful for the said Corporation, by their servants, agents, or hired men, without further notice, to pass and repass over said re- quired road at all times and with such things and in such manner as they may think fit. 13 V C 16] GRINDSTONE COMPANY. 957 OBIMOSTOIVB COMPAirX. 13th Victoria — Chapter 16. An 4-Ct to incorporate the Shediac Grindstone Manufac- turing and Mining Company. S^ctioQ. Section. 1, Incorporation of Company. 5. dualification of DirectorB, &c. 3. Capital. 6. Cprtifieates of shares., 3. First meeting for clioice of Directors, &c. 7. Detts, who responsible for. 4, Annual meetings. 8. Act,: when may be. void., i •■ Passed 2Gih April 1850., Whereas a Company has lately been formed for the purpose of erecting a Mill Manufactory and works for making grind- stones, paint, and for other manufacturing purposes, and for opening and working of mines, and other business connected therewith, on the Scadouk River, in the County of Westmor- land, and at or near the Ports or Harbours and Rivers of Shediac and Cocagne, in this Province : And whereas the expenditure of capital and the employment of labour in such works and operations would be a benefit to the Province, it hath been deemed expedient to afford protection and encour- agement to the said Company, and to facilitate their operations by an Act of Incorporation ; — Be it enacted, ifc. — 1. William James Gilbert, Clark Parlee Smith, George Sims Fitch, Abner Gilbert, Junior, J. L, Bevier, Isaac Woodward, M.P.P., Robert Duncan Wilmot, M.P.P., Robert Keech Gilbert, William Henry Scovil, James Whitney, and such other persons as shall from time to time become proprietors of shares in the Company hereby estab- lished, their successors and assigns, shall be and they are hereby erected into a body politic and corporate, by the name of " The Shediac Grindstone Manufacturing and Mining Company," and by that name shall have a common seal, sue and be sued, plead and be impleaded, answer and be answered unto, defend and be defended in all Courts and places whatso- ever, and shall have power and authority to purchase, hold, and enjoy lands, tenements, and hereditaments, for them and their successors and assigns, and all other the powers and privileges now incident to a Corporation by Act of Assembly of this Province, for the purpose of erecting a Mill Manufac- tory and works for making grindstones, paint, and for manu- 958 GRINDSTONE COMPANY. [13 V C IB facturing lumber, cotton and woollen goods, flour and meal, and for opening and working of mines, and other business connected therewith, on the Scadouk River aforesaid, and at or near the ports or harbours and rivers of Shediac and Cocagne, in this Province as aforesaid, and for the carrying on and managing the same ; and also that they the said Com- pany, or a majority of them, shall from time to time and at all limes have full power and authority to constitute, ordain, make, and establish such bye laws and ordinances as may be deemed ntecessary for the good rule and government of the said Corporation, provided that such bye laws and ordinances be not contradictory or repugnant to the laws and statutes in this Province, and those in force within the same. 2. The capital stock of the said Corporation shall be fifty thousand pounds of current money of the Province of New Brunswick, and shall be divided into four thousand shares of twelve pounds ten shillings each, to be paid in at such times and in such instalments as the business of the said Company shall reqilire. 3. The first meeting of the said Corporation shall be held at Shediac aforesaid, and shall be called by Robert Keech Gilbert, Esquire, or in case of his death, neglect^ or refusal, by any two of the said Company, by giving notice in one or more of the public Newspapers printed in the City of Saint John, in this Province, at least thirty dkys previous to such meeting, in order to organize the said Company, and for the purpose of establishing bye laws, choosing Directors, and such other officers as may be necessary ; which Directors and officers so chosen shall continue in office until the first annual meeting, or until re-elected, or others are chosen in their stead; and the members of the said Company, or shareholders present or appearing by proxy, shall organize the said Company, establish bye laws, and choose the Directors of the said Company, by a majority of votes. 4. The shareholders shall meet annually at such time and place as may be appointed and regulated in and by the bye laws of the said Company, at which meeting the shareholders present or by proxy may either continue in office the Directors before appointed, or any number of them, or may elect a new body of Directors to supply the place of those not continued in 13 V C 16] GRINDSTONE COMPANY. 959 office ; provided always, that the omission to meet shall work no forfeiture, but the shareholders may be afterwards called together for that purpose by one or more of the Directors of the said Company for the time being, or by any three of the shareholders. 5. The Directors and officers of the said Company for the time being shall have full power and authority to manage the concerns of the said Corporation, subject to the by&laws of the said Corporation, and the regulations herein contained ; and no person shall be eligible as a Director unless such person is a stockholder, and holds not less than eight shares of the capital stock of the said Corporation, and is of the full age of twenty one years. 6. All the shares in the siaid Company shall be numbered in progressive order, and^ every member of the said Company shall have a certificate under the seal of the said Corporation, and signed by the President and Secretary thereof, certifying his property in such shares as shall be expressed in the certifi- cate ; and the shares of the said Corporation shall be assign- able, and such assignee shall thereupon. become a member and stockholder in the said Company ; and whenever any stock- holder or shareholders shall assign or transfer his stock or shares in the said Company, he shall cease to be a member of the said Corporation; and the number of votes to which each Stockholder shallbe entitled, when the votes of the stockholders are to be given, shall be in proportion of one to each share ; and absent stockholders may vote by proxy, provided such proxy produce sufficient authority in writing. 7. The joint stock and Company shall alone be responsible for the debts and engagements of the same. 8. Provided always, that unless ten per cent, of the capital stock shall be paid in for the purposes of the Corporation, and a certificate of such payment, signed and verified on oath by the said Directors, or a majority of them, (which oath any Justice of the Peace is hereby authorizejj to administer) shall be filed in the Office of the Secretary of the Province before the expiration of three years after the passing of this Act, the operations of this Act shall cease, and the existence of the said Corporation be terminated at the expiration of the said three years. 960 GRINDSTONE COMPANY. [15 V C 59 15th Victoria — Chapter 59. An Act to amend the Act to incorporate the Shediac Grindstone Manufacturing and Mining Company. Sentian. Section. 1. Sections of what Act repealed. 3. Capital stock, &c. Passed 3rd May 1853, Be it enacted, fyc. — I. The second and eighth Sections of an Act made and passed in the thirteenth year of the Reign of Her present Majesty, intituled An Act to incorporate the Shediac Grindstone Manufacturing and Mining Company, are hereby repealed. 2. The capital stock of the said Corporation shall be twenty five thousand pounds of current money of the Province of New Brunswick, and shall be divided into two thousand shares of twelve pounds ten shillings each, to be paid in at such times and in such instalments as the business of the said Company shall require, of which stock already taken shall form a part, provided that unless ten per cent, of the capital stock herein named shall be paid in for the purposes of the Corporation, (of which the stock already paid in by the stockholders shall form a part) and a certificate, of such payment, and all future payments, signed and verified on oath by the said Directors, or a majority of them, (which oath any Justice of the Peace is hereby authorized to administer) shall be filed in the Office of the Secretary of the Province before the expiration of six years from the passing of the said Act to incorporate the She- diac Grindstone Manufacturing and Mining Company, the operation of the said Act shall cease, and the existence of the said Corporation be terminated at the expiration of the said six years. 15Vc75] STEAM COMPANIES. 961 STEAm C03IPASIES. 15th Victoria — Chapter 75. An Act to incprporate the Saint Andrews Steam Ferry Boat Company. Section. Section. 1. Incorpoiatian of Company. 3. Meetings, &c. 2. Capital. Passed "Jth April 1862. Be it enacted, ifc.-^^\. Henry Frye, Harris H. Hatch, William Whitlock, James W. Street, Richard M. Andrews, S. T. Odell, John Irrine, Honorable Harris Hatch, Frederick A. Babco'ck, Samuel T. Gove, Edwin Pheasant, John J. Robinson, R. N., Wellington Hatch, George D. Street, Edward Wilson, George Frederick Campbell, and Thomas Berry, their associates, successors, and assigns, are hereby declared to be a corporate body, by the name of " The Saint Andrews Steam Terry Boat CorapaDy/' with all the general powers and privi- leges made incident to Corporations by Act of Assembly in this Province, for the purpose of providing and running Steam Ferry Boats between Saint Andrews in this Province and Robinstown in the State of Maine. 2. The capital of the Company shall be fifteen hundred pounds, divided into three hundred shares of five pounds each, with power to increase the said capital to the sum of three thousand pounds ; and the whole and the parts thereof shall be payable by such instalments and at such times as the Direc- tors of the Company shall appoint. 3. The time, place, and notice of holding annual and special meetings of the Corporation, as also the number and duties of Directors and ofiScers and servants, and the manner of election or appointment, shall be established by bye laws of the Com- pany made at a general meeting of the stockholders. 61 962 STEAM COMPANIES. [16 V c 64 16th Victoria — Chapter 64. An Act to, incorporate the Nashwaaksiss and Fredericton Steam Ferry Boat Company. Section. Section. 1. Incorporation of Company. 6. Debts, who liable for. ■ 2. Capital. 7. Sor what Bhareholdera liable. 3. First Directors, how chosen. 8. When Act may be void. 4. Annual general meeting. 9. Limi^ion. 5. Assessment of shares. , ' Passed 3rd May 1853. Whereas frpi;u the great increase of the population of the Parish of Douglas and the surrounding country, the want of a sufficient Ferry to land at the upper p^rt of Fredericton is much required; — Be it enacted, ^c. — 1. The Honorable F. P. Robinson, W. J, Bedell, Esquire,, Stephen H, Fowler, Beverly Robinson,, Esquire, James S. Beek, James Pickard, Peter M'Farlane, George Todd, Martin Mackay, and John M'Gibbon, their associates, successors, and assigns, be aUjd they are hereby declared a body politic and. corporate, by the name of "The Qorporation of the, Nashwaaksiss and Frjed^rieton S,team Ferry Boat Company," and by that name shall have all the general powers and privileges made incident to a Corporation by Act of Assembly of this Province, for the purpose of conducting a steam ferry across the River Saint John at the upper part of Fredericton, and fpr the constrjjction of steatn ferry boats, and necessary works therewith connected > and the said Company, or the major part of them, shq.Il from time to time, and at all timps, have full power and authority to constitute, ordain, make, and establish such bye laws and ordinances as may be thought necessary for the, good rule and government of said Copipany, provided that such bye laws and ordinances be not contradic- tory or repugnant to the laws and statutes of the Province, or to such bye laws, rules, and regulations relating to ferries within the limits of the City of Fredericton as are now made or may hereafter be made by the Mayor and Corporation of the said City of Fredericton. 2. The capital stock of the said Company shall consist of the sum of six hundred pounds, with power to increase to fifteen hundred pounds, and shall be divided into shares of five pounds each, and be paid in such sums and at such time or times as the Directors of the said Company shall from time to time appoint. 16 V C 64] STEAM COMPANIES. 963 3. At any meeting to be for that purpose holden, five Direc- tors (being members and stockholders of and in the said Cor- poration to such an extent as by the laws and regulations of the said Company may be provided) shall be chosen, which Directors so chosen shall serve until the first annual meeting for the choice of Directors, and shall have full power and authority to manage the concerns of the said Corporation, subject nevertheless to the laws and regulations which may from time to time be made by the said Company. 4. There shall be a general meeting of the stockholders and members of the said Corporation, to be annually holden at such time and place as by the laws and regulations of the said Com- pany may be appointed, at which annual meeting there shall be chosen five Directors, being members and stockholders of and in the said Company to such an extent as by the laws and regulations of the said Company may be required, who shall continue in ofiice for one year, or until others are chosen in their places. 5. The Directors of the said Company shall and may from time to time assess on each shaire siich sum or sums of money as shall be judged necessary for raising a capital for the pay- ment of any debts of the said Corporation, and for the purchase of such real or personal property, and the building of any ferry boat or boats, and also for the maintaining the same when built, and all other things whatsoever as may be deemed neces- sary for carrying on the business of the said Company ; which said sum or sums of money so to be assessed, shall be paid to the Treasurer of the said Company at such time or times, and by such instalments as shall be deemed requisite and proper, and may be directed thereby. 6. The joint property and slock of the said Company shall alone be responsible for the engagements and debts of the said Company. 7. Each and every shareholder in the said Corporation shall be held liable to the said Company for each and every call or assessment made, (not however to exceed in amount the stock so subscribed for) for the purpose of enabling the said Com- pany to pay the debts and engagements of the said Corpora- tion, or to carry on the operations for which the said Company is incorporated, and shall and may be sued for Iiy the said 964 STEAM COMPANIES. [17 V C 61 Corporation, and recovered in any Court of Record within the Province. 8. Unless one fifth part of the said capital stoc'k shall bte actually jiaid in for the purposes of the said Corporation, and a dertifidate of such payinetit, signed and verified on oath by the said Director's, or a majority of them, (which oath any Jus- tice of the Peace is hereby authorized to administer) shall be filed in the OfBd6 of the Secretary of the Province before the expiration of three yealrs after the pia'ssiftg of this Act, the operation of this Act ^hall cease, and tbe existence bf the said Corporation be terminated at the expiration of the said three years. 9. This Act shall continue and be in force until the first day of M^y which will be in the year of our Lord one thousand eight hundred and sixty iHree. 17th Victoria — Chapter 61. An 4-Ct to incorporate tlie Saint John and Westmorland Steam Navigation Company. Section. Section, 1. Company, how constitntet}. '6. Proceedings to recover calls. - S. Capital ^to^k.' ' ' . , 7. Capital stpck,^how increased- 3. First meeting.' 8. Bye laws, for'what purposes to be made. 4. ."Who may yote at mefeti'ngs.; ■ ^ ■ 9. What property responsible for the debts. 5. Shareholders liable for call. 10. When this Act shall come into operation. ' Passed \st May 1854. ' Be it enacted, Ifc, — 1. Edward AllisOn, Joseph F. Alli^oti, ^rarik Giles, John Tucker, Christopher Bouitenhouse, Alex- ander Wright, Alexander M'L. Seely, Joseph Salter, William H. Adams, Oliver Jones, tbeir associates, successors, and assigns, be and they are hereby declared to be k body corpo- rate, by 'tiie name of " The Saint John and Westmorland Steam Navigatidii Company," with all the geheral powers and privileges made incident to Corporations by Act of Assembly in this Province, for the purpose bf providing, ownipg, and running one or more sfcain boats, screw propellers, or bther vessels, between Saint John arid the River Petitcodiac, and to and from such other places in the Bay of Fundy, the Gulf of Saint Lavrrence,oi' elsewhere, as the said'Conipaiiy mdy deem expedient. 2. The capital stock of the said Corporation shall be twenty 17 V C 61] STEAM COMPANIES. 965 thousand pounds of current money of ]N|ew B^unswic^, and shall be divided into eight hundred shares of twenty five pounds «acb. 3. The fir?^ meeting of the Corporation for the organization thereof may be c,£^Jled by Christopl^ejc Boultenhouse, or in case of his death, or neglect, or refusial, by any one of the parties above named, at such time and plf^ce as i|ie may, appoint, by publishing notice of the same iij two of the Newspapers pub- lished in the City pf Saint Johi^ at least one calendar month before such meeting is held. 4. Every person owning a share in the capital stock of the said Company shall be a member thereof, and be entitled to vote at all meetings of the said Company, and members may give as many yptps as they own shares, and absent members may vote by proxy, such proxy being a stockholder, and authorized in writing. 5. Each and every shareholder in the said Corporation shall be held liablp to the said pompany for each and every call or assessment n^ade, not however fo exceed jn amount the stock subscribe^ hy him, for the purpose of enabling the said Com- pany to pay the debts and engagements of the said Corporation, or for the purposes of, or to carry on the operations for which th^ said Cornp^oy is incorporated, yyhich call or assessment may bp sued fyv by the said Corporation and recovered in any Court of Record within the Province. 6. 'Phe Company or the Direptprs if empQweretJ by the bye laws of the Cf^rporatipn, ?hall hfive povyer to |evy and collect assessmetj^s uppn the sbare^ from time to time, of such sum? of money as may be deemed necessary for carrying on the business, pr for the purposes or operatipns of the said Company ; ai^d whenjejr^r any assessment shall b^^ made as aforesaid, it shall be the (duty of Jlie Trjeai^urer to give notiqe thereof in a New^spaper prin^£4 and published in ili^ City ojf Saint John, requiring paymept of the same wjjihijn t})f]rty days ; an4 if any stockholder shall neglect or refuse to pay to the Treasurer ' the amount of s.uch assessment upon his shares, or any part of such amount at the time prescribed, it shall be the duty of the Treasurer to advertise all such delinquent shares for sale at public auction, giving at least thirty days notice of the time and place of such sale ; and all shares upon which the assess- 966 STEAM COMPANIES. [17 V C 61 ment or any part thereof is not paid, with interest from the time such 'assessment became due, shall be sold to the highest bidder, and after retaining the amount due on such assessment, and interest due thereon, and the expense of advertising and selling, the residue (if any) shall be paid over to the former owner, and a new certificate or certificates of the shares so sold shall be made out and delivered to the purchaser. 7. It shall and may be lawful for the stockholders at any general meeting to be for that purpose called, to increase the said capital stock from time to time, in such sums as they may deem expedient, to a sum not exeeeding fifty thousand pounds, and they shall have power from time to tiiue to increase the number of shares accordingly. 8. The time and place of holding annual and special meet- ings of the Corporation, as also the nurhber, eligibility, duties, and powers of Directors, officers, and servants, their continu- ance in office, removal, or disqualifiation, and the manner of election or appointment, and any other matter connected with the objects and purposes for Which the said Company is incor- porated, may be established or regulated by bye laws of the Company made at any meeting of the Company or adjournment thereof. 9. The joint property and stock of the said Company shall alone be responsible for the engagements and debts of the said Company. 10. Unless fifteen per cent, of the said capital stock shall be actually paid in for the purposes of the said Corporation, and a certificate of such payment signed and verified on oath by the said Directors, or a majority of them, (which oath any Justice of the Peace is hereby authorized to administer) shall be filed in the Office of the Sedretary of the Province before the expiration of three years after the passing of this Act, the operation of this Act shall cease, and the existence of the said Corporation be terminated at the expiration of the said three years. 17 V C 65] STEAM COMPANIES. 967 17th Victoria — Chapter 65. An Act to incorporate the Sunbury Steam Factory Com- pany for the manufacture of Agricultural and other Implements. Beetion - ' Section. 1, CpiEporation, how constUated. ^ 7. Shares, wheu assignable. 3. Capital stuck. 8. Joint stock property alone respoosible. 3. First meeting. , S. Sha,res to be numbered., i 4. General meeting. _ 10. Calls. 5. Clualification of Directors. 11, Special meetings, by whom called. 6., Stockholders' votes. .fl2. Operations of Act. " Passed tst May 1854. Whereas a joint stock (company has lately been formed for the purpose of erecting a Steam Factory for the manu- facture of Agricultural and other implements in the County of Sunbury, within this Province, for which object capital is about to be subscribed : And whereas it is deemed expedient to incorporate a Company for that purpose ; — Be it enacted, &fc, — 1. The Honorable George Hay ward, the Honorable Charles Harrison, William Scouliar, Whitehead S- Barker, Thomas O. Miles, Nathaniel Hubbard, William Burpe, Thomas Harrison, Enoch Lunt, Isaac Burpe, Enoch Barker, Moses Coburn, Thomas Bridges, Stephen Burpe, John §• Taylor, James Hamilton, James Harrison, Jacob Tilley, Charles B. Barker, W. C. Burpe, George Burpe, Thomas B. C. Burpe, their associates, successors, and assigns, shall be and they are hereby erected into a body politic and corporate, by the name of "The Sunbury Steam Factory Company," and shall have all the powers incident to a Corporation by Act of Assembly in this Province, for the purpose of erecting Steam Mills and necessary works for the manufacture of Agricultural and other implements, and for other purposes connected there- with, and for carrying on and managing the same. ,2. The capital stock of the said Corporation shall be two thousand pounds of current money of this Province, and shall be divided into two hundred shares of ten poupds each, to be paid in at such times and in such instalments as the business of the said Company shall require ; provided that twenty five per centum of the capital stock of the said Company, amount- ing to five hundred pounds, shall be actually paid in and invested in the business of the said Corporation within two years after the passing of this Act ; and provided also, that the 968 STEAM COMPAMES. [17 V C 65 said Corporation shall not be entitled to purchase any property, real or personal, or to incur any debts, until the said amount of twenty live per centum of the capital stock shall have been paid in. 3. The first meeting of the said Corporation shall be held at the Hall in the Parish of Sheffield, in the County of Sunbury, and shall be called by William Burpe, or in case of his death, neglect, or refusal, by any two of the said Company, by giving notice in the Royal Gazette, or other Paper printed in Fredericton, at least thirty days previous to such meeting, for the purpose of establishing bye laws, choosing five Directors, and such other officers as may be deemed necessary for the management of the affali's of the said Company,- which Directors and officers so to be chosen shall serve till the first annual meeting, or until others are chosen in their stead, and shall have full power and authority to manage the concerns of the said Company, subject to the rules and regulations herein- after provided; provided alwfeys, that so soon as the said capital stock of two thousand pounds shall have been paid in and expended for the purposes by this Act provided, it shall and may be lawful for the said stockholders, at any general meeting to be for that purpose called, to increase the said capital stock from time to time in such sum or sums as they may deem expedient, to a sum not exceeding ten thousand pounds^ which additional capital stock shall be divided into shares often pounds each. 4i A general meeting of the stockholders of the said Corpo- ra1;ion shall be held on the first Tuesday in June in each and every year, for the purpose of choosing five Directors and such other officers as may be necessary for the management of the affairs of the said Corporation, which Directors so chosen shall remain in office for one year, or until others are chosen in their Stead, and shall at their first meeting after their election choose one of their number President of the said Company ; provided that not less than three Directors do form a quorum for the transaction of business, and in case of the absence of the President, the Directors shall have power to appoint one of their number Chairman for the occasioni 5. No person shall be eligible as a Director unless such person is a stockfaoldet', and holds not less than three shares of 17 V C 65] STEAM COMPANIES. 969 the capital stock of the said Corporation, and is of the full age of twenty one years. 6. The number of votes to which each shareholder shall be entitled on every occasion when in conformity to the provi- sions of this Act the votes of the stockholders are to be given, shall be in proportion of one vote to each share of stock, and absent stockholders may vote by proxy, provided such proxy be a stockholder and produce sufficient authority in writing. 7. The shares in the said Corporation shall be assignable and transferable according to such rules and regulations as may be established in that behalf, but no assignment or transfer shall be valid or effectual unless entered or registered in'a book to be kept by the Directors for that purpose, and in no case shall any fractional part of a share, or other than a complete share or shares, be assignable or transferable ; pro- vided that when any stockholder shall transfer in manner aforesaid all his stock or shares in the said Company, he shall cease to be a member of the said Corporation. 8. The joint stock and property of the said Company shall alone be responsible for the debts and engagements of the same. 9. A.11 shares in the said Company shall be numbered in progressive order, beginning at number one, and every member of the said Company shall have a certificate under the seal of the said Corporation, and signed by the President and Secre- tary thereof, certifying his property in such shares as shall be expressed in the certificate. 10. The said Company shall have power to levy and collect upon the shares from time to time such sum or sums of money as shall be adjudged by such Corporation necessary for the payment of any debts of the said Corporation, and for the pur- chase of such real and personal estate, and the erecting such buildings, procuring necessary machinery, and other things as may be deemed necessary and requisite for carrying on the business of the said Corporation, and for defraying the neces- sary expenses of managing and conducting of the same; and whenever any assessment shall be made by the stockholders of the said Company, it shall be the duty of the Secretary or Agent thereof to give notice of such assessment in the Royal Gazette or some other Newspaper printed in Fredericton, 970 STEAM COMPAMES. [17 V c 65 requiring payment of the same within sixty days ; and if any stockholder shall neglect or refuse to pay to the Secretary or Agent the amount of such assessment upon his shares at the time prescribed, it shall be the duty of the Secretary or Agent to advertise all such delinquent shares for sale at public auction, giving at least thirty days previous notice of the time and place of such sale; and all shares upon which the assessment is not then paid, with interest from the time when such assessment became due, shall be sold to the highest bidder, and after re- taining the amount of assessment, and interest due on the same, and the expensie of advertisirjg and selling, the residue (if any) shall be paid over to, the former owner, and a, new certificate or certificates of the shares so sold shall be m^d^.out and de- livered to the purchaser or purchasers of the same ; provided always, that such assessment or assessments shall not in the whole exceed the amount of the capital stopk appointed by this AjCt, or the capital stock to be increased as hereinbefore di- rected ; and also provided, that no assessment shall be made except by a vote of the stockholders, and a majority of all the shares. , , 11. Special meetings of the said Company may be called by the Secretary or Agent, under the, authority of the Directors, or of the stockholders representing not less :than twenty five shares of, stock, thirty days notice at least, of the tinae and place of such meeting being given in some Newspaper pub- lished in Fredericton, or by personal notice. 12. Provided always, that unless fifty per centum of the said capital stock shall be paid in for the purposes of this Act, and a certificate of such payment signed and verified on oath by the Directors, or a majority of them, before any Justice of the Peace, shall be filed in the Office of the Secretary of the Province before the expiration of five years next after the parsing of this Act, the operation of this Act shall cease, and the existence of the said Corporation shall be terminated at the end of the said five years. 17 V C 2] MANUFACTURING COMPANY. 971 MAWUFACTUKIWCS COMPACT. 17th Victoria — Chapter 2. An Act to incorporate the Albert Manufacturing Company. Section. Section. 1. Company incorporated with general 5. President and officers; appointment and , powers. general powers. 2. Capital; power to increase ; votes; pay- 6. Sliarestobepersonalproperty and assign- ment of stock. ' ' , r ■ able. 3. First meeting to organize the Company. 7. Liability for debts. 4. Annual meeting for choice of Directors. 8. Forfeiture of Act, how incurred. 9. Bight of way, how obtained. " Passed 20lh March 1854. Whereas the Township of Hillsborough, in the County of Albert, possesses advantageous situations for the building of Mills for manufacturing lumber, plaster, and other articles, and for quarrying plaster, lime stone, marble, and free stone, and for mining purposes : And whereas in order to procure the requisite capital, it is desirable to incorporate into a body politic and corporate such persons as may be willing to advance funds for such undertaking ; — Be it therefore enacted, &fc. — 1. Calvin Tomkins, William H. Sleeves, and Walter Tomkins, and their associates, suc- cessors, and assigns, be and they are hereby erected into a body politic and corporate, by the name of " The Albert Manufacturing Company," and by that name shall have a common seal, sue and be sued, plead and be impleaded, answer and be answered unto, defend and be defended in all Courts and places whatever, and shall have power and authority to purchase, hold, and enjoy lands, tenements, and heredita- ments, for them, and their successors and assigns, and all other powers and privileges now incident to a Corporation by Act of Assembly of this Province, for the purpose of building a Mill for manufacturing lumber, plaster, and other articles, and trading in the said articles ; quarrying plaster, lime stone, free stone, marble, and other building materials, and trading in the same, and conveying the same to market ; opening and working mines, and transacting other business connected therewith ; and constructing and making such railroads or other descrip- tion of roads as may be deemed necessary for the transportation of such articles from the quarries to the place of shipment ; and also that they the said Company, or a majority of them, shall from time to time and at all times have full power and 972 MANUFACTURING COMPANY. [17 V C 2 authority to constitute, ordain, make, and establish such bye laws and ordinances as may be deemed necessary for the good rule and government of the said Corppr£^tion, provided that such bye laws and ordinanpes be not contradictory or repug- nant to the laws and statutes of this Province, and those in force within the same. 2. The capital stock of said Corporation shall be fifty thou- sand pounds current money pf the Province of Nev^ Brunswick, with liberty to increase the same to the sum of one hundred thousand pounds, to be divided into shares of twenty five pounds each, to be paid in at such times and instalments as the business of the said Company shall require ; and every person who shall be the holder of one or more shares, shall be entitled to vote either in person or by proxy, having one vole for each share s^s afpresajd ; and it shall be lawful for said Corporatipn to tjjke l^nds, quarries, buildings, wharves, ma- chinery, mining rights or privileges, in the place of money, in payment of any instalment or instalments dpe on any stock subscribed therein, at such valuatiqn as a majority of all the subscribers shall fix, said payment to become void if satisfac- tory titles or conveyances to the Corporation be not made at such a period as said Corporation may by any bye laws or vote direct after its organization. 3. The first meeting of the said Corporation ^hall be held at Hillsborough, in the County of Albert aforesaid, and shall be called by William H. Stceves, or in case of his death, neglect, or refusal, by any two of the said Company, by giving notice in one or more Papers printed in the City of Saiu^ John, in this Province, at least thirty days previous to such meeting, in order to organize the said Company, and for the purpose of establishing bye laws, and choosing such nuiiiber of Directors as by the said bye laws may be prescribed ; which Directors so chosen shall continue in office until the first annual meeting, or until re-election, or others are chosen in theip stead ; and the members of the said Company, or shareholder^ present or appearing by proxy, shall organize said Company, establish bye laws, and choose Directors of the said Company, by a majority of votes. 4. The shareholders shall meet annually at such time and place as may be appointed and regulated in and by the byje 17 Y c"2] MANUFACTURING COMPANY. 973 laws of said Compatiy, at which meeting the shareholders presetit in person, or by proxy, may either continue in office the Directors before appointed, or any number of them, or may elect a new body of Directors to supply the place of those not continued in office ; provided always, that the omission to meet shall work no forfeiture, but the shareholders may be afterwards called together for that purpose, by one or more of the Direc- tors of the said Company for the time being, or by any three of the shareholders- 5. The Directors of the said Company, or a majority of them, shall choose a President and such other officers as they may deem necessary, who Shall hold their respective offices until others are chosen in their stead ; and the Directors, or a majority of them, shall have full power and authority to manage the concerns of said 'Corporation, subject to the bye laws thereof, and the regulations herein contained ; may appoint and employ anyagent or other persbns by them deemed necessary, and may declare dividends of the profits according as the interest of the Company may admit or require ; but no person shall be eligible as a Director unless such person is a stockholder, and over twenty one years of age ; nor shall any sale or purchase of real estate be made by thehi, except by consent of two thirds of the stockholders, voting as provided in Section second. 6. The shares of capital stock in the said Corporation shall be deemed personial property, and each shareholder thereof shall be entitled to a certificate fdr the numbe'r of shares sub- scribed or held by him, which certificate shall be signed by the President Hnd Clerk Or Secretary of the said Corporation, and shall certify the property of such shareholder in the said shares; and the shares of the said Corporation shall be assignable in such manner and form as the bye laws may prescribe, and the assignee of any share or shares shall be a member and stock- holder in the said Company; and whenever any shareholder shall assign or transfer all of his stock or shares in the said Corporation, he shall cease to be a member thereof. 7. The joint stock and property of the said Company shall alone be refsponsible for the debts and engagements of the same. 8. Provided always, that unless ten per cent, of the capital -stock shall be paid in for the purposes of the Corporation, and a certificate of such payment signed and verified on oath by 974 MANUFACTURING COMPANY. [17 V C 2 the said Directors, or a majority of them, (which oath any Justice of the Peace is hereby authorized to administer) shall be filed in the Ofiice of the Secretary of the Province before the expiration of three years after the passing of this Act, the opera- tion of this Act shall cease, and the existence of the said Corpo- ration be terminated at the expiration of the said three years. 9. And whereas also it may be necessary for the said Cor- poration to obtain a right of way for a railroad or other road, over the lands of other persons, from their quarries to their wharves or places of shipment ; — In case where the Corpora- tion cannot amicably agree with any person or persons as to the value of, or damage done to his or their lands, by the mak- ing of any necessary railroad or other road by the said Corpo- ration, from their said quarries to their wharves or place of shipment, then it shall and may be lawful for the said Coirpo- ration to obtain from two Justices of the Peace for the County where the said lands may lie, an appointment in writing under their hands, of five disinterested freeholders of said County, who shall under oath to be administered by either of such Jus- tices, appraise the fair value of the land to be appropriated for said railroad or other road, or the damages thereof, to the said party or parties over whose land the same may pass ; and upon the payment by the said Corporation of the amount of such value or damages to said party or parties, or upon a legal tender of the same by the. Corporation or their Attorney for that purpose appointed, it shall and may be lawful for the said Corporation, by their servants, agents, or hired men, without further notice, to construct such railroad or other road, and to pass and repass over the same at all times and with such things and in such manner as they may think fit ; provided that if the owner or owners of any such land required for the purpose of such railroad or other road, be absent out of this Province, or ciinnot be found therein, or be incapacitated by reason of in- sanity, infancy, coverture, or other disability, to receive said money or a tender thereof, then payment by the said Corpora- tion of the amount appraised to such absent or incapacitated person may be made into the Court of Chancery of this Pro- vince, for the use of the party entitled thereto, and such pay- ment into Court shall be an equivalent for a payment or tender to the party as above prescribed. <, 17 V C 16] HOME FACTORY COMPANY. 975 h(»9Ie: facto hit comPAWV. I7th "Victoria — Chapter 16. An Act to incorporate the York Woollen and Home Factory Company. Section. • Section. 1. Corporation, how constituted. 3. Stock, what amount to be paid in ^ time, 2. Capital Stock, and number of shares. mode, and eifept. Passed 1st May 1854. Whereas this Province is well adapted for the raising of Sheep and the produce of Wool, and it is very desirable for the better promotion of sheep husbandry, the supply of the people with woollen cloths and other domestic productions, and for the interest of the Province generally, that a Home Fac- tory should be established j — Be it therefore enacted, Sfc. — 1. SpafFord J. Barker, Robert Chestnut, Frederick W. Hatheway, Joseph Gaynor, George E. Perley, John S. Coy, the Honorable L. A. Wilmot, James S. Conner, George Troughton, William Grosvenor, John T. Smith, Thomas T. Smith, George S. Winter, James S. Beek, David S. Kerr, Thomas Pickard, Thomas R. Robertson, Wil- liam J. Bedell, John L. Marsh, William C. Treadwell, the Reverend William H. Shore, Richard Dunn, Robert Fulton, John M'Intosh, Robert Sutherland, Henry Rutter, and all and every such other person and persons as shall from time to time become proprietors of shares in the Corporation hereby established, their successors and assigns, shall be and are hereby erected into a Company, and declared to be a body politic and corporate, by the name of " The York Woollen and Home Factory Comj)any," and by that name shall have all the general powers and privileges made incident to Corpo- rations by Act of Assembly in this Province. 2. The capital stock of the said Company shall be four thousand pounds, the whole amount of which to be divided into eight hundred shares of five pounds each, with power on behalf of the stockholders from time to time, at any general meeting to be for that purpose called, to increase the said capital stock to any sum not exceeding ten thousand pounds. 3, Provided always, that unless one eighth part of the said capital stock shall be actually paid in for the purposes of the 976 HOME FACTORY COMPANY. {17 V C 16 said Company, and a certificate of such payment signed and verified on oath by the Directors of the said Company, or a majority of the^, (which ^ath any Justice pf the Peace is hereby authorized to administer) and filed in the Office of the Secretary of the Province before the expiration of two year-s after the passing of this Act, the operation of this Act shall cease, and the existence of the said Coftipany be terminated at the expiration oif the said two years. 17 V C 26] TIMBER BENDING COMPANY. 977 TIMBEIK 1BX:]V»];]VC} COMPABir. 17th Victoria — Chapter 26. An Act to incorporate the British American Timber Bending Company. Section. Section, 1. Corporation, how constituted, 9, when Directors may be chosen. 3. Capital stock, 10, Joint stock, when responsible, 3, First meeting. 11, Power to make calls, 4, Bye Laws, when to be made, and Direc. 13. Power to collect calls. tors when chosen, 13, Mode of declaring. 5, Annual meeting, 14, Evidence on trial, 6, Clualiiication of Directorg. 15. Meetings, how called, 7, Stockholders' votes, 16, Operation of Act. 6, Shares, when assignable. Passed 1st May 1854. Whereas Letters Patent under the Great Seal of this Pro- vince have been granted to Thomas Blanchard for a new and improved method of bending Timber, and the said Patentee and his associates are desirous of being incorporated for the purpose of working the said Patent effectually ; — Be it therefore enacted, &fe. — 1. The said Thomas Blanch- ard, with Cogswell K. Green, John L. Tucker, J. Vincent Browne, Israel DeWolf Andrews, James Reed, Robert Reed, William Wright, Richard Wright, and Moses Henry Perley, their associates, successors, and assigns, are hereby erected into a body politic and corporate, by the name of "The British American Timber Bending Company," with all the general powers and privileges incident by law to a Corporation in this Province, for the purpose of working the Patent granted to the said Thomas Blanchard effectually, and for manufacturing pjirposes. 2. The capital stock of the said Company shall be fifty thousand pounds of current money of New Brunswick, which shall be divided into fifty thousand shares of one pound cur- rency each, payable at such times and in such instalments as the business of the Company shall require, with power to the said Company when necessary, to extend the said capital stock to the sum of one hundred thousand pounds cuiTency, either by increasing the number of shares accordingly, or by assess- ing such increase upon the original number of shares. 3. The first meeting of the Company for organizing the same, shall be held at the City of Saint John ; it shall be called 62 978 TIMBER BENDING COMPANY. [17 V t; 26 by the aforeseiid Moses Henry Perley, or in case of his death, neglect, or refusal, by any two of the persons mentioned in the first Section, notice being given at least twenty days previous to such meeting, in one of the Newspapers published in the said City. 4. At such first meeting, bye laws shall be established, and five Directors chosen, who shall serve until the first annual meeting, or until others are chosen in their stead ; they shall have full power to manage the afiairs of the Company, subject to the provisions of this Act. 5. A general meeting of the shareholders in the said Com- pany shall be held annually at the City of Saint John on the second Tuesday in June, for the purpose of choosing five Directors, who shall remain in office for one year,> or until others are chcisen in their stead ; as soon as convenient after their election, they shall choose one of their number President of the Company, but not less than three Directors shall form a quorum for the transaction of business ; and in case of the absence of the President, the Directors shall appoint one of their number Chairman fijr the occasion. 6. No person shall be eligible as a Director unless he holds at least one hundred shares of the capital stock of the Com- pany, and is of the full age of twenty one years. 7. On every occasion when the votes of the shareholders are to be given, the number of votes shall be in the proportion &f one to each share of stock ; absent shareholders may vote by proxy, provided the proxy be a shareholder and produce sufficient authority in writing. 8. The shares of the Company shall be transiferabte according to such regulations as shall be established by the bye laws ; but no transfer shall be complete or effectual until riegistered in a book to be kept by the Directors for that purpose ; in no case shall the fractional part of a share be transferable ; and whenever any shareholder shall transfer all hi,s shares in the Company, he shall cease to be a member thereof. 9. If it happens that the Directors are not chosen on the second Tuesday in June in any year, they may be chosen on any other day, between the hours of eleven in the forenoon and three in the afternoon of such day, fourteen days notice 17 V C 26] TIMBER BENDING COMPANY. 979 being given of the time and place of meeting, in one or more of the Newspapers published in the City of Saint John. If a Director shall be removed by the shareholders fbr misconduct or mal-administration, his place shall be filled up by the share- holders, fourteen days notice of the time and place of meeting for that purpose being given in like manner; and in case of a vacancy among the Directors by death, resignation, absence, or disqualification by transfer of stock, the vacancy shall be filled by the Directors choosing a duly qualified shareholder, and the Director so chosen by the shareholders or Directors, shall serve until another is chosen in his place. 10. The joint stock and property of the Company shall alone be responsible for the debts and engagements of the same. 11. The said Company shall have power from time to time to make and collect calls upon its shares, of such sums as may be necessary for carrying on its business ; and when any call is made, the Treasurer shall give notice thereof in one of the Newspapers printed in the City of Saint John, requiring pay- ment of the same within thirty days, at the ofiice or place of business of the Company ; in case of non-payment, the delin- quent shares may be sold at public auction after thirty days notice, to the highest bidder ; and after retaining the amount of the call and interest on the same, and all expenses, the residue, (if any) shall be paid over to the former owner, and a new certificate of the shares sold shall be made out and deliv- ered to the purchaser ; provided always, that no call shall be made except by a vote of the shareholders, and by a majority of all the shares. 12. If a shareholder shall fail to pay the amount of a call made by the Company, or any part thereof, the Company may sue such shareholder for the amount in any Court having jurisdiction, and recover the same with interest and costs. 13. In such action it shall be sufficient for the Company to declare that the defendant is holder of one share or more in the Company, [state the number of shares'] and is indebted to the Company in the sum to which the call in arrear shall amount, in respect of one call or more upon one share or more, [state the number and amount of such calls] by means of which an action hath accrued to the Company by virtue of this Act. 14. On the trial it shall be sufficient to prove that the de- 980 TIMBER BENDING COMPANY. [17 V C 26 fendant, at the time of making the call, was the holder of one share or more in the said Company ; that such call was in fact made ; it shall not be necessary to prove any other matter whatsoever ; and thereupon the Company shall be entitled to recover what is due upon such call, with interest and costs. 15. All meetings of the Company shall be called by public notice being given of the time and place in a Newspaper printed in the City of Saint John, seven days at least before the time of meeting ; special meetings may be called by the authority of the Directors, or by shareholders representing not less than five thousand shares of stock, upon giving the like notice. 16. Unless fifteen per cent, of the capital stock of the said Company shall be actually paid in for the purposes thereof, and a certificate, verified on oath by the Directors, or a majo- rity of them, (which oath any Justice of the Peace is hereby authorized to administer) shall be filed in the OfHce of the Secretary of the Province before the expiration of three years after the passing of this Act, the operation of the same shall cease, and the existence of the Company be terminated at the expiration of the said three years. X APPENDIX. No. 1. CHARTKR OF CITY OV SAIWT JOHIV. GfioRGE the Third, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, and so forth. To all to whom these presents shall come, or may in any wise concern, Greeting: Whereas our loViiig subjects the inhabitants of the Town or District (if Parr, lying on the east side of theRive*" Saint John, and of Carletoh on the west side thereof, at the entrance of the Riv6r Saint John aforesaid, both which Districts are in our Pfdvince of New Brunswick, in Attiericd, have by their petition to our trusty and Well beloved Thomas Carleton, Esquire, our Governor and Commander in Chief in aiid over our said Pro- vince, reprCsetited that they have, by their exertions, conquered many of th as are hereby appointed and named, and all and every sutSh as. hereafter are to be ap- pointed, elected or chosen, shall, before they be respectively permitted to executo their respective offices or places aforesaid^ respectively be sworn as follows, to wit : The hereby named Mayor of the said City, and every other person hereafter to be appointed to or for thai office, to take the proper oath as such, and well and truly to execute 4:he office of Mayor, and afi other offices and places hereby appointed for each Mayor to execute and act in, and the usual oath of a Justice of Peace, before the Governor or Commander in Chief of the said Province of New Brunswick for the time being, in presence of tbr«e or more of the Aldermen of the said City of Saint John for the time being ; or, in case of the absence of the Governor or Commander in Chief for the time being, then before the oldest Councillor of the said Province for the time being, in 4;he presence of three or more of the Aldermen of the said City for the time beings And we do hereby for us, our heirs and suc- cessors, give and grant full power and autiiority to the Governor or Commander in Chief of the said Province for the time being, in the presence of three or more of the Aldermen of the City aforesaid, for the time being, or in case of the absence of the said Governor or Commander in Chief, then to the oldest Councillor of the said Province for the time being, in the pre- sence of any three or more of the Aldermen of the said City for the time being, to administer such oaths accordingly without No. 1. APPENDIX. 1017 any other warrant, commissioii or power, from us, our heirs or successors, and so from time to time, as often as the case shall or may require or happen. And the above named Recorder of the said City of Saint John, and every other person hereafter to be appointed to or for that office, to take the proper oaths such officer ought to take, and an oath well and truly to execute the office of Recorder, and the proper oath of a Justice of the Peace, before the Mayor of the said City for the time being, to which same Mayor for the time being we do for us, our heirs and successors, give full power and authority by these presents to administer such oaths accordingly, in manner aforesaid, without any other warrant, commission or power from us, our heirs and successors. And every Recorder hereafter to be appointed to act as Deputy Mayor for the time being, to take the proper oath as such, and an oath well and truly to execute the office of a Deputy Mayor, during the time for which he shall be appointed deputy, if the same Mayor, his constituent, shall so long live : And if the said Mayor shall happen to die within such time, that thereupon, and from thenceforth, such Deputy Mayor shall well and truly execute the office of Mayor of the said City, until another fit person be appointed and sworn Mayor of the said City, in the manner in these present letters mentioned ; and shall also take the proper oath of a Justice of Peace, before the Mayor, and any three or more of the Aldermep of the said City for the time being. And we do hereby, for us, our heirs and successors, give full power and authority to the Mayor, and to any three or more of the Alder- men of the said City for the time being, to administer such oaths as aforesaid, without any other warrant, commission or power, from us, our heirs or successors. And also every Alderman hereby appointed, and every person hereafter to be elected to or for the office or place of Alderman of or in the said City, to take an oath well and truly to execute the office or place of Alderman, and the proper oath of a Justice of Peace, before the Mayor of the said City for the time being, or the Recorder «f the said City for the time being. And also every Assistant, Sheriff, Coroner, Common Clerk, Chamber- lain, High Constable and Petty Constable, hereby named, and every person hereafter to be elected or appointed to or for the office or place of an Assistant, Coroner, Common Clerk or 1018 APPENDIX. No. I. Chamberlain, or shall be appointed or elected to or for the office or place of High Constable or Petty Constable of or in the said City, each of them respectively to take the proper oath for his' respective office or place, and well and truly to execute the respective offices or places he is, or shall have been respectively elected or named for, before the said Mayor of the said City for the time being, or the Recorder of the said City for the time being- And we do hereby give full power and authority to the Mayor of the said City for the time being, or the Recorder of the said City for the time being, to ad- minister such respective oaths to each of the respective persons aforesaid, accordingly, without any other warrant, power or authority from us, our heirs or successors. And we do further, hereby, will, declare and ordain, that before any person shall be admitted to have or enjoy the privileges of a free citizen of the said City, or any of them, he shall be first duly sworn, and the following oath is therefore hereby prescribed for him to take, viz : " You do swear, that you will be good and true to our Sovereign Lord King George the Third, and to the Heirs of our said Sovereign Lord the King ; obeisant and obedient shall you be to the Mayor and Ministers of this City; the franchises and customs thereof you shall maintain, and thisi City keep harmless in that which in you is ; you shall be con- tributing to all manner of charges within this City, as sum- mons, watches, contributions, taxes, tallages, lot and scot, and all other charges, bearing your part as a freeman ought to do; you shall know of no gatherings, conventicles, or conspiracies made against the King's peace, but you shall inform the Mayor thereof, or let it to your power: all these points and articles you shall well and truly keep, according to the laws and customs of this City. So help you God." Which oath, the Mayor, Recorder and Aldermen of the said City for the time being, or any four of them, whereof we will the Mayor, or Recorder to be one, we hereby authorize and empower to ad- minister. And further of our especial grace, certain knowledge and mere motion, we haveigranted, and by these presents, do for ourselves, our heirs and successors, grant and confirm unto the aforesaid Mayor, Aldermen and Commonalty of the City of Saint John aforesaid, and to their successors, that neither No. 1. APPENDIX. 1019 ihey, nor any one of them, nor any free citizen of the said City, during the time of their being inhabitants there, shall against their or any of their wills, out of the City aforesaid, be put or impanelled upon or in any assizes, juries or inquisitions what- soerer (although it toucheth, or doth or shall touch us, our heirs or successors, and although we or our successors, be or should or shall be parties) out of the said City, neither shall they, or any one of them be made, elected, or chosen, assessor, taxor, or collector of any taxes, duties, imposts or subsidies whatso- ever, or of any part or parcel of them, or any of them, out of the said City ; nor shall be ordained, elected, assigned or appointed constable, bailiff, or any other officer or minister without or beyond the City aforesaid, and the liberties and precincts thereof ; nor shall be called upon, compelled or forcedy against their or any of their wills, to do, receive, occupy or discharge any of the duties or functions above mentioned, or any other office, duty or function whatsoever, without the City, liberties and precincts aforesaid, except for the laying out roads and highways in other parts ®f the said City and County, and the working, clearing, amending and repairing the same. And although the aforesaid Mayor, Recorder and Aldermen, freemen or free citizens of the City aforesaid, or any .of them, shall, while they are, or remain inhabitants of the said City, against their, or any of their wills, be put, impanelled or returned upon any assizes, juries, or inquisitions whatsoever, out of the said City and limits thereof; or shall to any of the offices above mentioned, or any other office or function what- soever, out of the said City, be elected or chosen ; and though they, or any of them, being summoned, impanelled, or re- turned, elected or chosen as aforesaid, shall refuse or neglect to come and appear before our Justices, or other Justices, Commissioners or officers of us, our heirs or successors, before whom such assizes, juries, or inquest, shall happen to be summoned or returned, or in or upon the same assizes, juries, or inquests, shall refuse or neglect to be sworn or tried, or any of the offices, duties or functions aforesaid, shall refuse to do, receive, occupy or discharge, yet the person or persons so refusing, any contemps, fines, amerciaments, penalties, for-' feitures or loss whatsoever, by reason of such refusal or neglect, to or towards us, our heirs or successors, shall not, nor either 1030 APPENDIX. No. Ij of them shall, in any wise incur, but therefrom and thereof, as well before us, our heirs and successors, as all other the Justices, Gommissioners and other officers whatsoever, of us, our heirs or successors, shall remain quiet and for ever dis» charged. And frirthei? we do for us, our heirs and successors, by these present letters, give, grant, ratify and confirm, unto all and every thQ respective inhabitants and freeholders of the said City of Saint John, and their several and respective heirs and assigns for ever, all and every the several and respective messuages, tenements, lauds and hereditaments^ situate, lying and being in the said City, to them severally granted, conveyed or confirmed, or mentioned^ or intended to be granted, conveyed or confirmed by us, or by any of our Governors, Lieutenant Governors or Commanders in Chief of our said Province of Nova Scotia, or of our said ProvinCte of Near Brunswick, saving and reserving the several quit rents re- served and due, and to be due and payable, from each of the several persons, to whom, by virtue of any former grants to them (or those from under whom they respectively hold) the same messuages, tenements, lands or hereditaments, were made or given. And further of our especial grace, certain knowledge and mere motion, we do for us, our heirs and successors, give, grant, ratify and oonfiroi, to the said Mayor, Aldermen, and Commonalty of our said City of Saint John, and to their successors for ever, full, special and free liberty, licence, power and authority, to take, receive^ have, hold and enjoy, to them and their successors for ever, in fee simple, any manors, messjuages, lands, tenements, ^ereditMneffifs, I rents and other possessions and real estate, within or without the same City, as well of and from us, our heirs and successors^ as of and from all and every other person and persons whomsoever j so as the manors, messuages, lands, tenements, hfereditamemts, rents, and other possessions, and real estate, which the Mayor,, Aldermen and Commonalty of the City of Saint John shall or may have in their possession and seizin, at any one time, exceed not, in the whole, the clear yearly rent or value of two thousand pounds, money of our realm of Great Britain, beyond and above all charges and reprizes, without any hinderance of No. 1. APPENDIX. 1G21 US, our heirs or successors, or the Justices, escheators, sheriffs, coroners, bailiffs or other the ministers of us, our heirs or successors, and this without any other letters patent, liberty, licence or power from us, our heirs or successors, the statute of Mortmain or any other act, law or statute, or any other cause, thing or matter whatsoever to the contrary thereof in any wise notwithstanding ; and the same manors, messuages, lands, tenements, hereditaments, rents, and other possessions, or any part thereof, to demise, grant, lease and let over, assign and dispose at their own will and pleasure, and to make, seal and accomplish any deed or deeds, lease or leases, evidences or writings, for or concerning the same or any part thereof. And further we, of our abundant grace, certain knowledge and mere motion, have given and granted, and by these pre- sents do, for us, our heirs and successors, give and grant unto the said Mayor, Aldermen and Commonalty of the Gity of Saint John, and to their successors for ever, that the Mayor, Recorder and Aldermen of the said City for the titne being, be, and shall be, at all times for ever hereafter, and hereby are assigned to bo Justices, and each of them a Justice of us, our heirs and successors, the peace of us, our heirs and succes- sors, within the City and County of Saint John aforesaid, and the limits, jurisdictions and extent thereof, to keep ; and that they the said Mayor, Recorder and Aldermen of the said City for the time being, and such other person and persons, as we, or our heirs and successors shall from time to time assign to be Justice and Justices of us, our heirs and successors, the peace of us, our heirs and successors within the said City and County of Saint John to keep, or any four or more of them, (whereof we will the Mayor, Recorder, or any one of the Aldermen of the said City for the time being, to be one) shall and may for ever hereafter, hold and keep four Courts of General Sessions of the Peace in and for the said City and County of Saint John, to begin at certain times in the year, to wit, one of them to begin on the first Tuesday in June, another on the first Tuesday in September, another on the first Tues- day in December, and the other on the first Tuesday in March, in every year; each of which Sessions of the Peace shall and may last, continue and be held any time not exceeding five days; and also that the said Mayor, Recorder and Aldermen of 1022 APPENDIX. No. 1. the said City for the time being, and such other Justice and Justices so to be assigned by us, our heirs and successors, or any four or more of them (whereof we will the Mayor or Recorder, or any one of the Aldermen of the said City for the time being, to be one) shall and may for ever hereafter, have full power and authority, to enquire of, and hear and determine, within the City and County aforesaid, all and all manner of felonies, imprisonments, riots, routs, oppressions, extortions, forestallings, regratings, trespasses, offences, and all singular other evil deeds and offences, whatsoever within the City and County aforesaid, from time to time, perpetrated, done, arising or happening, which to the office of Justices of the Peace are incumbent, or do in any manner belong, or which hereafter shall happen to belong, or be incumbent on them, or which in any manner before the Justices of the Peace at the Sessions of the Peace ought or may be enquired into, heard and deter- mined, together with the correction and punishment thereof; and to do and execute all other things vvithin the City and County iaforesaid, and the liberties and precincts thereof, as fully, freely and entirely,- and in as ample manner and form, as Justices of the Peace of us, our heirs and successors, any where within that part of our Kingdom of Great Britain called England, by the laws, statutes or customs of England, or by any other legal method whatsoever, heretofore had or exercised, or hereaftei" to be had or exercised, could, might or can do, and in as ample manner and form, as if the same had been in these our letters particularly and by special Words expressed, contained and mentioned. And that the said Justices of the Peace of us, our heirs and successors, in the City and County aforesaid, may have and exercise jurisdiction in all causes, matters and things whatsoever, which to Justices of the Peace of our said City and County in any manner do or ought to belong. And further, that the Mayor, Recorder and Aldermen of the said City, for the time being, and every of them, from time to time, and at all times for ever hereafter, shall be Justices assigned of oyer and terminer and of the gaol delivery, of all and every the gaols now being and hereafter to be in the said City and County, and either of them, and shall be named in every commission thereof to be made. And we do hereby for us, our heirs and successors, grant, order and appoint that No. 1. APPENDIX. 1023 the Sheriff and other ministers and officers of the said City for the time being, shall and may, and they are, and each of them is hereby commanded, authorized and fully empowered, to execute and return, all and every the precepts and commands of the Mayor, Recorder and Aldermen of the said City for the time being, and either or any of them, from time to time and all times, as fully and effectually, as any sheriff, minister or officer of any County or City any where in that part of our Kingdom of Great Britain called England, the mandates or commands of any Justice of the Peace, Justice of oyer and terminer and gaol delivery, of or in any County there, hath used to make, return or execute, in any manner whatsoever. And moreover of our abundant grace, certain knovvledge and mere motion, we have willed, ordained and constituted, and by these presents for us, our heirs and successors, do grant unto the said Mayor, Aldermen and Commonalty of the sai^ City of Saint John, and their successors, that there shall be for ever hereafter one Court of Record or Inferior of Common Pleas for the said City and County of Saint John, to be held before the Mayor and Recorder of the said City for the time being, or one of them, at the Court House or City Hall of said City and County of Saint John, at four terms in each year, to wit, on the first Tuesday of June, September, December and March in every year for ever ; and that the said Mayor and Recorder, or any of them, the other of them not being present, shall and may in the name of us, our heirs and successors, hold plea, and have cognizance of all, and all manner of plaints, actions and pleas whatsoever, arising or accruing, within our said City and County, and the limits thereof, which shall be brought in the said Court, and which shall be for more than forty shillings and shall not exceed fifty pounds in value, and in which the title to lands shall not come in question ; together with full power and authority to hear and determine all and every the same plaints, actions and pleas, and judgments thereon to render, and execution thereof to award and make ; and that the said Mayor and Recorder, or either of them, the same Court may hold for so long time as circumstances shall require, and as they or either of them shall think fit, not exceeding ^five days in each term ; and at the end of each of the said terms shall adjourn the said Court unto the term 1024 APPENDIX. > No. 1. then next ensuing ; and to act and do every' thing therein in such manner and form, and by sueh and the like methods, process and proceedings, and as fully and amply as in our other Courts of Record, in such or the like cases is used or can or may be acted and done according to the laws of that part of our Kingdom of Great Britain called England, and of our said Province of New Brunswick, subject nevertheless to a writ or writs of error, returnable in our Supreme Court of jurisdiction for our said Province of New Brunswick, which they are hereby directed and required to allow, except in those causes which shall not exceed ten pounds, or in actions of slander and assault and battery. And we further ordaiti and hereby authorize the said Mayor and Recorder by any adjourn- ment at the end of any the said stated terms, to call and hold the said Court in the vacation of the said terms (not exceeding once a month) over and above the said stated terms, as they or either of them the said Mayor or Recorder shall ithitok expe^dient for the dispatch of, and the trying and determining the actions and causes that were depending, undetermined in the said County ; and'judgment in all and any such causes and actions to render, and executions thereon to award and make as of the term preceding, as fully, amply and eflfectuaUy as if the same was or had been heard, tried and determined at such preceding terra ; and for that purpose that all process necessary fbr the trial of causes at such adjourned sittings of the said Court, shall and maybe made returnable at such sittings; and the said Mayor and Recorder, or either of them, at the said sittings, shall and may make such rules and orders, for dispatch of the said causes and actions, as they could or might make in term time in the said Court. And further of our abundant grace, certsin knowledge and mere motion, we have willed, ordained and directed, and by these presents for us, our heirs arfd successors, do grant unto the said Mayor, Aldermen and Commonalty of the said City of Saint John and their successors, that the Court House and Gaol or Gaols of and for the said City and County of Saint John, which shall be erected and built by the freeholders and inhabitants of the said City and County, shall be, and for ever hereafter shall remain, continue^ and be within the limits of the said City of Saint John, and in such part arad pdrts of the No. 1. APPENDIX. 1025 said City as the Mayor, Aldermen and Commonalty of the said City shall think fit and proper ; and that until the free- holders and inhabitants of the said City and County shall be enabled to erect and build a Court House and Gaol for the said City and County, we do hereby declare, that the house, situate in Germain street in Queen's Ward, lately occupied by our Supreme Court of Judicature, of our said Province, in Hilary and Easter terms last, is the Court House as well for the said City as for the City and County of Saint John afore- said, and as such may be appointed by the said Mayor, Alder- men and Commonalty of the City aforesaid; and that the block house near Fort Howe, in our said County of Saint John, and the guard room in the said fort, are hereby declared to be the gaol, as well of the said City as of the City and County of Saint John^ until other gaol or gaols in and for the said City, and City and County aforesaid, shall be erected and built, by virtue of the powers before given or to be given hereafter, and shall be appointed and appropriated by the said Mayor, Aldermen and Commonalty, or their successors, for the uses and purposes aforesaid. And further for us, our heirs and successors, we do hereby appoint the said Bartholomew Crannell to be Clerk of the Peace of us, our heirs and succes- sors, and of the Sessions of the Peace for and in the City and County of Saint John, and also Clerk of the said Inferior Court of Common Pleas, of and for the said City and County, and keeper of the memorandums, rolls, records, minuments and other writings, as well of the said City, as of the said Courts of the City and County aforesaid, and every of them respectively ; and to continue in the said ofiices, and to act and execute the same by himself, or his sufficient deputy or deputies, and have, take and enjoy, the fees, perquisites and profits to the said offices, or either of them belonging or appertaining, during our pleasure. And further we do, for us, our heirs and successors, grant to the said Mayor, Aldermen and Commonalty of the said City of Saint John and their successors, and we do hereby will and ordain, that the Common Clerk of the said City of Saint John, shall be for ever hereafter Clerk of the Peace and of the Sessions of the Peace, and Clerk of the In- ferior Court of Common Pleas, and keeper of the memoran- dums, rolls, recoids, minuments and other writings of the said 65 1026 APPENDIX. No. 1^ City, and of the said City and County respectively. And we do furtiier for us our heirs and successors, will and grant, and so often as the said office shall be vacant, the Common Council of the said City for the time being, shall and may appoint one other honest and discreet citizen, being an inhabitant and freeman of the said City, and of good capacity ahd understand- ing, and skilful in the laws of England and of the said Province of New Brunswick, to be Common Clerk of the said City, and Clerk of the said Court of Record, in and for the said City, and Clerk of the Peace arid of the Sessions of the Peace, in and for the said City and County of Saint John, to act and execute the said offices, and who shall arid may execute, do and receive, all and whatsoever to the said offices and every of them belongs, or shall belong or appertain, till another, an inhabitant and freeman of the said City, and of good capacity and understand- ing, and skilful in the laws of England, and of the said Province of New Brunswick, shall be appointed and sworn into, or for the said offices, by the Governor or Commander in Chief of the said Province for the time being, and shall have taken such an oath as is hereby directed for every such person so to be appointed to take, and so from time to time, and as often as the case may or shall so happen. And further we do for us, our heirs and successors, will, ordain and grant that the said Sheriff of the said City, shall be Sheriff of the said City and Coiinty so long as he shall be and con- tinue Sheriff of the said City : and that the Sheriff of the saiij City hereafter to be appointed shall for ever hereafter be Sheriff of the said City and County, and hold, exercise and enjoy, the said office of Sheriff in and throughout all and every the parts and districts of the said City and County of Saint John : And that the said Coroner oifthe said City of Saint John, shall be Cbroner of the said City and County, so long as he shall be and continue Coroner of the said City ; and that the Coro- ner of the said City, hereafter to be appointed, shall for ever hereafter be Coroner of the said City and County, and hold, exercise and enjoy the said office of Coroner in and throughr , out all and every the parts and districts of the said City and County of Saint John. And we do further, of our especial grace, certain knowledge and mere motion, for us, our heirs and successors, by these No. 1. APPENDIX. 1027 presents, give and grant unto the aforesaid Mayor, Aldermen and Commonalty of the said City of Saint John, and their successors for ever, that they and their successors, all and singular the rights, privileges, franchises, prehiminces, advan- tages, authorities, jurisdictions, liberties,ofBces, courts, powers, immunities, ferries, ferriages, profits and perquisites herein before mentioned, or intended to be hereby granted, shall and may for ever hereafter have, hold, enjoy and use happily and in peace, freely and quietly, fully and honorably, with aU liberties and free customs to the same appertaining, without the hinderance or impediment of us, our heirs or successors, or any of the Justices, Sheriffs, Escheators, Coroners, Bailiffs or other oflacers or ministers whatsoever of us, our heirs or suc- cessors whatsoever. And further, we do of our more abundant grace, certain knowledge and mere motion, will, declare and signify, and by these presents for us, our heirs and successors, do grant unto and covenant with the said Mayor, Aldermen and Commonalty of the City of Saint John and their successors, not only that they and their successors for ever hereafter, may and shall have, hold, use, possess and enjoy, all the rights, privileges, liberties, franchises, jurisdictions, courts, powers, offices, authorities, markets, ferries, fairs, fees, fines, amerciaments, perquisites, profits, immunities, and also the rents, possessions, lands, tenements and hereditaments, and all other the premises in these presents mentioned and intended to be hereby granted, but also that these our letters being entered upon record, as is herein after appointed, and the record or enrolment thereof, and either of them, and all and every thing therein contained from time to time, and at all times hereafter, be and shall be, firm, valid, good, sufficient and effectual in law, towards and against us, our heirs and successors, according to the true intention thereof; and in and through all things shall be construed, taken and expounded most benignly and in favour, and for the most and greatest advantage, profit and benefit of the said Mayor, Aldermen and Commonalty of the City of Saint John, and their successors, as well in all Courts as elsewhere, without any confirmation, licences, tolerations procured, or to be procured of us, our heirs or successors, notwithstanding that any writ or writs of 1028 APPENDIX. No. 1. ■ i ' ' ' ' ' ' ad quod damnum have or have not issued, or is or are not re- turned, before the making of these presents, and notwithstand- ing the not reciting, misreciting, or not rightly or certainly reciting, or ill or wrong reciting the said rights, privileges, liberties, franchises, jurisdictions, courts, powers, offices, autho- rities, markets^ ferries, fairs, fees, amerciaments, perquisites, profits, immunities, rents, possessions, lands, tenements, here- ditaments, and any other the premises in or by these presents granted or mentioned, or intended to be hereby granted, &r any part or parcel thereof, and notwithstanding the not fiuding, or ill or not right or certain finding of any office or offices, inquisition or inquisitions of the premises hereby granted or mentioned, or intended to be hereby granted, or any part or parcel thereof, by which our title in and to the said premises, or any part thereof might, could, should or ought to have been found, before the making of these presents, and notwithstanding any defect in not reciting or ill reciting of any lease, grant or grants of the premises, or any part thereof, being upon record or not upon record, or otherwise howsoever, and notwithstanding the ill naming, misnaming, or not right or certain naming, any place or precinct wherein the premises of any part thereof are or is, and notwithstanding any defect in not mentioning, or not fully, rightly or certainly mentioning the name or names of all or any the rights, privileges, liberties, franchises, jurisdic- tions, courts, powers, offices, authorities, markets, ferries, fairs, fees, amerciaments, perquisites, profits, immunities, rents, possessions, lands, tenements, hereditaments, or other the premises hereby granted or intended to be granted, or any part or parcel thereof, or of the yearly or other rent of, or re- served in and upon the premises, or any part thereof, by any former grant or grants, by or under our great seal of any of our said Provinces, to any person or persons whatsoever, and notwithstanding any defect for the want of a computation or declaration, or for the omission of the true value of the premises in these presents mentioned or intended to be hereby granted, or any part thereof, and notwithstanding any defect in not mentioning our true right, estate or title, of or to the same premises, or any part or parcel of them, and notwithstanding the not mentioning, or not fully, rightly or certainly mentioning the natures, kinds, species or quantities of the premises, or any No. 1. APPENDIX. 1029 of them, or any part or parcel of them, and notwithstanding any Act, Statute or Ordinance of Parliament, or any Act of Assembly, and notwithstanding any other defects, defaults, or imperfections, or any other cause or thing whatsoever. And further, that if any fault, mistake or imperfection, in time to come shall be found in these presents, or any doubt, scruple or question be, or shall be made, or shall happen to arise concerning the premises or any part thereof, that we, our heirs and successors, shall and will vouchsafe to make any other grant or assurance undflr the great seal of us, our heijrs or successors, of the said Province of New Brunswick, to the Mayor, Aldermen and Commonalty of the City of Saint John for the time being, and their successors, at their own proper charges, for the better giving, granting and confirming, and for their safe and better enjoying the premises aforesaid, and every part thereof, when it shall be desired by the same Mayor, Aldermen and Commonalty of the City of Saint John, or their successors. Also, we will, and by these, presents grant unto the said Mayor, Aldermen and Commonalty, that they shall and may have these presents made and sealed under the great seal of our said Province of New Brunswick, without rendering, paying, or making any fine or fee, great or little, to us, or to our use, for the same, although no express mention is made of the true, yearly or other value, or of the certainty of the pre- mises or any part thereof, or of the gifts or grants heretofore by us, or our ancestors, or by any Governor, Lieutenant Go- vernor or Commander in Chief, of either of the said Province^ of Nova Scotia or New Brunswick, or to any of the inhabitants of the said City of Saint John, or other person of persons what- soever, by the name, style or title of any country, town, city, parish, place or district whatsoever, or any other Statute, Act, Ordinance, Proclamation, provision or restriction, tinade, pub- lished, ordained or provided to the contrary, or any other cause or matter whatsoever, in any wise notwithstanding. In testimony whereof, we have caused these our letters to be made patent, and the great seal of our said Province of New Brunswick, to be hereunto affixed, and the same to be entered of record in our Secretary's office of bur said Province, in one of the books of patents there remaining. Witness our trasty and well beloved Thomas Carleton, Esquire, our Cap- 1030 APPENDIX. No. 2. tain General and Governor in Chief of our said Province of New Brunsvi?ick, and territories thereon depending, at Saint .lohn, this eighteenth day of May, in the year of our Lord one thousand seven hundred and eighty five, and in th« twenty fifth year of our reign. THOS. CARLETON. By His Excellencies Command. Jon. Odell, Sec'y. I have perused this Charter, and find nothing therein preju- dicial to the interest of His Majesty. - Ward Chipman, Attorney General. SOth April, 1785. No. 2. ORieilVAIi COUMTT CHARTER. George the Third, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, and so forth. To all to whom .these presents shall come, or may in any wisft concern, Greeting : Know ye. That we, reposing especial trust and confidence in the ability and integrity of Abraham DePeyster, Thomas JJiCster, and Anthony Allaire,, Esquires, have appointed, con- stituted and dep|ared, and do by these, presents appoint, con- stitute and declare you the said Abraham DePeyster to be High ShprJfi^ of our County of Sunbury, in our Province of New Brunswick, (the bounds of which County of,Sunbury are hereby defined to be and are hereby as follows, to wit: — Bounded on the north west by the County of York, on the north east by the County of Northumberland, on the south east by Queen's County, and on the south west by the County of Charlotte) ; and we do hereby appoint, constitute and declare you the said Thomas Lester and Anthony Allaire to be Coro- ners of the said Crtunty, hereby giving and granting to you the said Abraham DePeyster, Thomas Lester, and Anthony Allaire, respectively, full power and authority to hold, exercise and No. 2. APPENDIX. 1031 enjoy the said office of Sheriff and of Coroners respectively, in and throughout ail and every the parts and districts of the said County of Sunbury, until the Feast of Saint Michael, which will be in the year of our Lord one thousand seven hundred and eighty six, and from thence until other fit persons shall be appointed and sworn into the said offices respectively, and to do and execute all things which unto the said offices of Sheriff and Coroner of the said County, doth, shall or may belong or appertain ; also hereby giving and granting to the said Abra- ham DePeyster, Thomas Lester, and Anthony Allaire respec- tively, the several fees, perquisites and profils to the said res- pective offices belonging, or which shall or may thereunto be- long. And further know ye, that we, reposing full trust and confidence in the learning, ability and integrity of James Sy- monds, John Mersereau, Thomas Colden, Samuel Peabody, William Hubbard, Gerardus Clows, Joseph Clarke, Richard Vanderburgh, and , Esquires, have assigned, and do by these presents assign you the said James Symonds, John Mersereau, Thomas Colden, Samuel Peabody, William Hub- bard, Gerardus Clows, Joseph Clarke, Richard Vanderburgh, and , to be Justices of the said County of Sunbury, the peace of us, our heirs and successors, within the said County, and the limits and jurisdiction and extent therebf, to keep ; and that any two or more of you the said James Sy- monds, John Mersereau, Thomas ColdeH, Samuel Peabody, William Hubbard, Gerardus Clows, Joseph Clarke, Richard Vanderburgh, and , whereof we will that one of you the said James Symonds, John Mersereau, Thomas Colden, and Samuel Peabody be one, shall and may hold and keep two Courts of General Sessions of the Peace in each year, in and for the said County, to begin at certain times of the year, to wit, on the third Tuesdays of June and January, each of which Sessions Shall and may last, continue and be held any time from the days aforesaid respectively, not exceeding five days, as to the Justices present shall seem necessary and con- venient, to finish the business before them in the said Sessions, hereby giving and granting to you the said James Symonds, John Mersereau, Thomas Colden, Samuel Peabody, William Hubbard, Gerardus Clows, Joseph Clarke, Richard Vander- burgh, and , or any two of you, whereof we will that 1.032 APPENDIX. Nt). 2. any one of you the said James Symonds, John Mersereau, Thomas Golden, arid Samuel Pieabody be one, in the said Court of General Sessions of the Peace, full power and autho- rity to enquire of, hear and determine within the County afore- said, all and all manner of felonies, imprisonments, riots, routs, oppressions, extortions, forestallings, regratings, trespasses, offences, and all and singular other evils, deeds and offences whatsoever, within the County aforesaid, from time to time perpetrated, done, arising or happening, which to the office of Justice of the Peace are incumbent, or do in any manner be^ long, or which hereafter shall happen to belong or be incum- btent, or which iti aiJy manner before the Justices of the Peace, at the Sessions of the Peace, ought or may be enquired into, heard and determined, together with the correction and pun- ishment thereof, and to do and execute all other things within the County aforesaid, and the liberties and precincts thereof^ as fully, freely and entirely, and in as ample manner and form as Justices of the Peace of us, our heirs and successors, any where within that part of our Kingdom of Great Britain called England, by the laws, statutes or customs of England, or by any other legal method whatsoever, heretofbre.had or exercised, or hereafter to be had or exercised, couldj might or can do, and in as ample manner and form as if the same had been in these our letters particularly and by special words expressed, contained and mentioned ; and that you or either of you the said Justices of the Peace of us, our heirs and successors, in the County aforesaid, may have and exercise jurisdiction in all causes, matters and things whatsoever, which to Justices of the Peace of our said County in any mannefr do or ought to belong. And we do hereby direct, order and appoint the aforesaid Sheriff and Coroners, and all other officers of the ^id County for the time being, and they are and each of them is hereby commanded, authorized and fully empowered to execute and return all and every the precepts and commands of you the said Justices^ and either or any of you, from time to time and at all times hereafter^ as fuHy and effectually as any sheriff, minister or officer of any County any where within that part of our Kingdom of Great Britain balled England, the warrants, mandates or commands of any Justices of Pea«e there hath used to make, return or execute in any manner whatsoever. No. 2. APPENDIX. 1033 ■ ■■-■ - ■■■ " ■■ . . - - ^ .' - — ^i. And moreover of our abundant grace, certain knowledge and mere motion, we have willed, ordained and constituted James Symonds, John Mersereau, and Thomas Golden, and 1-eposing especial trust and coinfidence in the learning, ability and integrity of you the said James Symonds, John Mersereau^ and Thomas Golden, do by these presents, for the due, orderly, convenient and expeditious administration of justice to and among our loving subjects, inhabitants of the said Gounty, assign, constitute, appoint and declare you the said James Symonds, John Mersereau, and Thomas Golden, our Justices of our Inferior Gourt of Record of the Gommon Pleas in and for the said Gounty of Sunbury, to be held before you the said James Synionds, John Mersereau, and Thomas Golden, or any one of you, at our Gourt House in the Township of Mauger- ville, in the said Gounty, at two terms yearly, to wit, on the third Tuesdays of June and January in every year, and that any one of you the said James Symonds, John Mersereau, and Thomas Golden, the other not being present, shall and may in the name of us, our heirs and successors, hold pleas, and have cognizance of all and all manner of plaints^ actions and pleas whatsoever, arising and accruing within our said Gounty and the limits thereof, which shall be brought in the said Gourt, and which shall be for more than forty shillings and shall not exceed fifty pounds in value, and in which the title to lands shall not come into question ; together with full power and authority to hear and determine all and every the same plaints, actions and pleas, and judgments thereon to render, and execution thereof to award and make. And that you the said James Symonds, John Mersereau, and Thomas Golden, or either of you, the same Gourt may bold for so long time as circumstances may require, not exceeding five days in each term, and at the end of each of the said terms shall adjourn the said Gourt until the term then next ensuing, and to act and do every thing therein in such manner and form, and by such and the like methods, process and proceedings, and as fully and amply as in our other Courts of Record in such and the like cases is used, or can or may be acted and done, according to the laws of that part of our Kingdom of Great Britain called England, and of our said Province of New Brunswick, for and during our pleasure, are subject nevertheless to a writ or writs of 1034 APPENDIX. No. 2. error, returnable in our Supreme Court of Judicature for our said Province of New Brunswick, which you are hereby di- rected and required to allow, except in those causes which shall not exceed ten pounds, or in actions of" slander, and assault and battery. And we further hereby ordain, establish and declare, that the Court House and Gaol in the Township of Ma'ugerville aforesaid, is and shall be the Court House and Gaol of the said County of Sunbury, and as such shall be known and used ifi and throughout the said County. And further reposing especial trust and confidence in the integrity, skill and knowledge of the laws of Samuel Denny Street, Esquirei we do hereby appoint you the said Samuel Denny Street to be Clerk of the Peace of us, our heirs and successors, and of the Sessions of the Peace for and in the said County of Sunbury, and also Clerk of the said Inferior Court of Common Pleas of and /or the said County, and keeper of the memorandums, rolls, records, minuments and other writings of the said Court, and of the County aforesaid, and every of them respectively, and to continue in the said offices and to act and execute the same by yourself or your sufficient deputy and deputies, and have, take and enjoyj the fees, perquisites and profits to the said offices and every of them belonging or appertaining during our pleasure. And further we do assign and appoint you the said Samuel Denny Street, and in your absence your sufficient deputy, clerk associate of the said Inferior Court of Common Pleas, to be associated and joined with our Justices aforesaid, at the terms of our said Court, to be holden as afiiresaid, and to act and do all manner of things which to a Justice of our said Court in term doth belong or may appertain. And further we do hereby assign, appoint, establish and declare you Samuel Denny Street, a puisne Judge of the Court to be holden before you or your sufficient . deputy, and any one of our Justices of the Peace for the said County of Sunbury on every first Thursday of each month, and also so often as you shall find necessary or convenient, not exceedingsonce in every fortnight, at our Court House, and at some convenient place in each and every Township or District in the said County, which the said Justice, and you the said Samuel Denny Street or your deputy associate together, as Judges of and in the said Court, shall by these presents have No. 2. APPENDIX. 1035 full power and authority to hear and finally determine all actions, cases and causes wherein the sura or thing demanded shall not exceed the sum or value of forty shillings, and judg- ment thereof to render with costs, and executions of the said judgment to award. And we do further ordain that the said Court shall be called the Clerk's Court of the County of Sun- bury, and that by that name the process of the said Court shall \iB issued to the Constables of the District or Town, and that the first process to bring any defendant in to answer, shall be by summons, but if any person shall neglect to appear and answer on his being so summoned, or if it shall in the first instance appear by affidavit that he is about to depart the limits of the said County, then, and in either of those cases the plaintiff in such action may proceed by attachment. And for the more speedy determining of all controversies in the said Court, and to lessen the expense thereof, we do ordain and direct that the plaint and pleadings in all causes shall be ore tenus according to the usage and practice of the Courts held before one of our Sheriffs of our Counties in our realms of England, and the issue and proceedings, shall be kept and entered by the said Clerk associate or his deputy in short entries. And we also ordain and direct, that by virtue of these presents, and without any precept thereof to the Consta- bles of the said Towns or Districts, or either of them, they shall severally and respectively from time to time, summon and return a Jury of twelve honest and lawful freeholders of the said County to appear in the said Court in each respective District on every Court day as aforesaid, who being first sworn impartially and truly to hear and determine the several causes brought before them, shall proceed to try all issues, and assess damages in all causes which shall be given in charge to such Jury by the said Court. And that if there shall happen to be defect of Jurors for cause of challenge or otherwise, the same shall be supplied from time to time by a tales de circumstanti- bus, according to the practice of the Courts of the common law, and that the evidence to be given to the said Jury shall be by witnesses viva voce, or such other evidence as is admis- sable by the rules of law, and not by oath of either party. And we do also hereby ordain and direct, that on all judgments to be given or rendered by the said Court, the party recovering 1036 APPENDIX. No. 2. may have execution against tbe body or goods of the adverse party at his election, provided that on execution against the body a certain time shall be inserted in the warrant of execu- tion, directing how long the party shall be imprisoned, which shall not exceed three calendar months, but for as much shorter time as the said Clerk in his discretion shall think fit. And we do hereby order and appoint that the Constables and keeper of the gaol of the said County for the time being, shall and may, and they and each and every of them are hereby com- manded, authorized and fully empowered to execute and return all and every the precepts land commands of the Justice and Clerk of the said Court or his dtepuly, or either of therm. And we do also hereby ordain, that for any contempt, abuse ot disturbance Committed or done in or to the said Court ol: procesis thereof, or for not appearing as a Juror when sum- moned, tbe party delinquent or so ofiending shall be subject either to an amerciament not exceeding twenty shillings, or to be committed during tbe:sitti'Rg'of the Court, at the diseretion of the said Court. And we do further ordain and direct, that before yoa the isaid Clerk or your deputy shall proceed to sit and hear causes in the said Court, you and he shall, besides the usual oaths, take an oath well and truly to execute the said office as Clerk and Judge of the said Court, for the trial of causes not exceeding forty shillings, and also as an associate in the aforesaid Court of Common Pleas, according to th6 best of your ahd his skill and knowledge, and that neither you or he will dfeny or delay justice to any one. And we hereby authorize and empower the said Samuel Denny Street t6 appoint sufficient deputies in the several districts of the eaid County of Sunbury for the purposes aforesaid. Given under the great seal of our said Province of New Brunswick. Witness our trusty and well beloved Thomas Carleton, Esquire, Captain General and Governor i« Chief «f our said Province, at the City of Saint John, this twenty sixtii day of July, in tbe year of our Lord one thousand seven hun- dred and eighty fivb, and in the twenty fifth year of our reign. THOS. CARLETON. Bj/ His Excellencies Command. Jon. Odell, iSfec'y. No. 3. APPENDIX. 1037 No. 3. 1IADRA8 SCHOOX CHARTBR. New Brunswick. George the Third, by the Grace of God, of the United Kingdom of Great Britain and Ireland, King, Defender of the Faith, &c. To all to whom these presents shall come, Greeting: Whereas many of our loving subjects, inhabitants of our Province of New Brunswick, in America, have by voluntary contributions, formed at our City of Saint John in the said Province, a School for the instruction of youth of both sexes, and particularly the indigent, in the principles of true religion and usefbl learning, according to the system called the Madras system, as improved by our loving subject Doctor Bell, and in use and practice in the British National Education Society, incorporated and established in that part of our United King- dom called England : And whereas for the arrangement and better support of the said School, a sum of money has lately been granted by our General Assembly of our said Province of New Brunswick, towards erecting a suitable building for the accommodation of the said children and youth, to be so instructed and educated ; and aid has been also given towards the support of the same School by the said National Society in England : And whereas our loving subjects the Honorable John Robinson, Mayor of our said City of Saint John, the Reverend Robert Wells, Rector of Trinity Church in the said City, Ward Chipman, Esquire, Recorder of the said City, George Burns, Doctor in Divinity, Henry Wright, William Scovil, John Head, and Edward James Jarvis, Esquires, inhabitants of our said City, chosen and appointed of our ?aid loving subjects in our said City, to be a committee for mana- ging and conducting the affairs of the said School so formed, have by their petition to our Lieutenant Governor and Com- mander in Chief of our said Province, prayed for our Royal Charter for the more perfect establishment of the said School, and for erecting a Corporation for receiving, managing and disposing of the funds for the use of the School, and extending the benefits of the said institution ; — 1038 APPENDIX. No. 3. Now therefore know ye, that we, being Very desirous to promote and encourage an institution so useful and important, and to extend the benefits thereof to other parts of our said Province, have of our special grace, certain knowledge and mere motion, willed and ordained and granted, and do by the presents for us, our heirs and successors, will, ordain and grant, that the said School so formed in our said City, be for ever established, and be deemed and taken to be the central School within and for our said Province, for the instruction and edu- cation of children and youth of both sexes, and particularly the indigent, in the principles of true religion ' and useful learning, according to the system called the Madras system as aforesaid, and now in aid and practice in the British National Education Society, incorporated and established in England, or as the same may be improved by that National Society, in any buildings erected or to be erected in our said City of Saint John : And that our trusty and well beloved George Stracy Smyth, Lieutenant Governor and Commander in Chief of our said Province, or the Commander in Chief of our said Province for the time being ; the Right Reverend Father in God, Robert Stanser, Lord Bishop of Nova Scotia, holding and exercising Episcopal jurisdiction in and over our said Province of New Brunswick, or the Bishop holding and exercising Episcopal jurisdiction in and over the same Province for the time being; our trusty and well beloved Jonathan Bliss, Chief Justice of our said Province of Ne\f Brunswick; or the Chief Justice of our said Province for the time being ; our trusty and well beloved George Leonard, Christopher Biliopp, Ward Chipman, John Coffin, Thomas Wetmore, John Robinson, William Black, and Harris William Hailes, Members of our Council for our said Province of New Brunswick, and the Members of our Council for our said Proviiice, for the time being, not being Justices of our Supreme Court of Judicature for our said Province ; our trusty and well beloved William Botsford, Speaker of our late House of As- sembly' 6f our said Province of New Brunswick, or the Speaker of our House of Assembly for our said Province for the time being ; our trusty and well beloved Charles J. Peters, Judge of our Court of Vice Admiralty, or the Judge of our same Court for the time being ; our trusty and well beloved John No. 3. APPENDIX. 1039 Robinson, Mayor of our said City of Saint John, and Ward Chipman, Junior, Recorder of our said City, or the Mayor and Recorder of our said City, severally for the time being ; the Reverend the Ecclesiastical Commissary of our said Pro- vince for the time being; the Reverend Robert Willis, Rector of Trinity Church in our said City of Saint John, or the Rector of the said Church for the time being ; William Scovil and Harry Peters, Esquires, Church Wardens of the said Trinity Church, in the said City, and the Church Wardens of the said Church severally for the time being ; the Reverend George Burns, Doctor in Divinity, Henry Wright, William Scovil, John Head, and Edward James Jarvis, Esquires, inhabitants of our,;s9:id City jof Saint John, be and for ever hereafter s,hall be, by yiftue of .th^ssp presents, one distinct body politic and corporate in degd and in name, by the name of the Governor ajid Trustees of the Madras School in New Brunswick ; and that by the same name they shall have perpetual succession and a.Common Seal, land that they and their successors shall from time to time have full power to break, alter, make new or change such common seal at their will and pleasure or as shall befound expedient ; and that by the same name the said Governor and Trustees and their successors, from time to time and at all times hereafter, shall be a.body politic and corporate in deed and jo law, and be able and capable to have, take, receive, purchase, acquire, hold, possess, enjoy and retain; and we do hereby, for us, our heirs and successors, give and grant fujl authority and free licence to them and their successors by the aforesaid name to have, take, receive, punchase, acquire, hold, possess, enjoy artd retain, to and for the use of the said School (notwithstanding any statute or statutes of mortmain) any lands, tenements, rents and hereditaments of what kind, nature or quality soever, so as that the same do not exceed in yearly, value the sum of five hundred pounds of lawful money of our said Province of New Brunswick ; and moreover to take, purchase, have, hold, enjoy, receive, possess and retain (notwithstanding any such statute or statutes to the contrary) all or any goods, chattels, charitable and other contributions, gifts and benefactions whatsoever ; and also to give, grant, let and demise the said lands, tenements and hereditaments, by lease or leases for term of years not exceeding the term of 1040 APPENDIX. JVo. Si. twenty one years from the time of granting thereof; and also to sell and dispose of all or any of the said goods and chattels, at their will and pleasure : and also to perform and execute all and levery other lawful act and acts, thing and things what- soever : and also that they and their successors by the name aforesaid, shall and may be persons able and eapabie in the law to plead and to be impleaded, to answer and to be answered unto, to defend and to be defended, in all or any Courts of Record or places of judicature in all and singular actions, pleas, suits, plaints, matters and demands whatsoever, of what kind and nature or sort soever, in as large, ample and beneficial manner and favour as any other body politic and corporate, or any other our liege subjects, being persons able and capable in law, may or can have, take, purchase, receive, hold, possess, enjoy, retain, sue, implead or answer, or be sued, impleaded or answered in any manner whatsoever. And we do by these presents, for us, our heirs and successors, will, ordain and grant, that there shall and may be convened and held u[M)n the first Tuesday in the month of July, yearly and every year, at the City Hall of the City of Saint John aforesaid, a court or meeting of the said Corporation of the Governor and Trustees of the Madras School in New Bruns- wick, for the ordering, managing and conducting of their affairs and interest, without any summons or any further warrant, commission or order in this behalf, and that the said Governor and Trustees, or any five or more of them, being then and there assembled together, shall be a legal court and meeting of the said Corporation, and shall have power to adjourn from day to day as the business and affairs of the said Corporation piay require, and to do, execute and perform all and every act and acts, thing and things which the said Governor and Trustees are by these presents authorized and empowered at any court or meeting to do and transact and perform, in as full and ample manner as if all and every the members of the said Corporation were present, and also that the Governor or Commander in Chief of our said Province for the time being, shall have power and authority from time to time to summon or cause to be summoned and held any other court or meeting of the said Corporation at the City Hall of the said City, or elsewhere within the said City, as often as occasion shall No. 3. APPENDIX. 1041 require, giving not less than ten days previous notice thereof; at all or any of which said courts or meetings any five or more of the said Governor and Trustees shall be sufficient to form a Board with all the powers and authority to do and transact and perform all and singular those things which the said Governor and Trustees are by these presents authorized and empowered at any court or meeting to do, act, transact and perform : and that the Lieutenant Governor and Commander in Chief of our said Province for the time being, or in his absence the first who may be present in the order herein before recited of those who are or shall be for the first time being ex officio members of the said Corporation, shall preside at every court or meeting of the said Corporation, and shall have aad exercise all the rights, powers and authorities of Governor of the said Corporation and School for that time. And we do further by these presents for us, our heirs and successors, give and grant unto the said Governor and Trustees of the Madras School in New Brunswick and their successors, that they or any five or more of them at any court or meeting legally assembled as aforesaid, shall have power and authority to elect and appoint so many fit and able persons to be Preceptors and Instructors in the said School as they shall think necessary and expedient, and also to appoint some fit person to be Treasurer, and some fit person to be Clerk, and also as many fit and able persons to be officers and ministers of the said Corporation as they shall from time to time judge to be requi- site and expedient ; and also to make and provide for the said Preceptors and Instructors, Treasurer, Clerk and other officers and ministers such salaries, allowances, stipends and rewards in the execution of the said respective offices as they shall think meet : and the said Preceptors and Instructors, Treasurer, Clerk and other officers and ministers so elected and appointed to displace and remove, and other fit persons in their or any of their places at the pleasure and discretion of the said Cor- poration or any five or more of them, so met and assembled from time to time to elect and appoint : Provided always, and we do further will, ordain and declare, that the persons so elected and appointed Preceptors and Instructors in the said school, and each and every of them shall, before they enter upon the execution of the duties of their offices resjiectively, 66 1042 APPENDIX. No. 3. be approved of and licenced by the Governor or Commander in Chief of the said Province for the time being, to teach and instruct in the said School : and that if such licence shall be refused or withheld in any case, the election and appointment of such person shall be deemed and considered to be void ; and the said Governor and Trustees shall proceed to the election and appointment of another person in the place of the one so rejected, to be in like manner approved and licenced, if our Governor or Commander in Chief for the time being shall think fit ; and so from time to time, as often as the person so elected and. appointed shall be so rejected : Provided also, and we do by these presents for us, our heirs and successors, will, ordain and declare, that each and every of the members of the said Corporation now appointed, or who shall hereafter become Members of the said Corporation in manner as aforesaid, shall, before the undertaking of the execution of his office, take the following oath, to wit : — " I do swear that I will well and truly, according to the best of my judgment, perform the several duties annexed to the office of a member of the Corporation of the Governor and Trustees of the Madras School in New Brunswick. So help me God :" And also that the persons to- be elected and appointed Preceptors and Instructors, Trea- surer, Clerk, and all other officers and ministers of the said Corporation, shall, before undertaking the execution thereof, respectively take their several and respective oaths, for the due and faithful performance of their duties in their several and respective offices and places, before the Governor and Commander in Chief of the said Province for the time being, or before any two or more of our Council for our said Province for the time being, or before such person or persons as shall for that purpose be duly constituted and appointed by our said Governor or Commander in Chief for the time being, to whom we do by these presents give full power and authority to administer the same oaths respectively from time to time, according to our true meaning herein declared, without any further or other commission or warrant to be had and obtained from us,, our heirs and successors, in this behalf. And we do likewise, for us, our heirs and successors, by these presents, further give and grant unto the said Corpora- tion of the Madras School in New Brunswick and their siio- No. 3. APPENDIX. 1043 cessors, that they and their successors, or any five or more of them, at any court or meeting legally assembled as aforesaid, shall and may have full power and authority to frame, make and ordain from time to time, such reasonable acts, rules, orders, ordinances, laws and instructions as to them shall seem fit, good, wholesome, profitable and convenient, according to their sound discretion, for the support of the said Corporation, and of the said School, and for directing how and in what manner the said Preceptors and Instructors, Treasurer, Clerk, and other officers and ministers of the said Corporation for the time being, and persons employed by them, shall and ought to demean, bear and conduct themselves in their offices, places and trusts respectively ; and for the good rule and government of the said School for the education and instruction of children and youth in manner as herein before mentioned ; and all persons whatsoever received and admitted to inhabit and reside in any the houses and buildings of the said Corporation; and for and concerning the erecting and building of any house or houses or other buildings whatsoever, for the use of the said School ; and the managing, ordering and disposing of all and every the lands, tenements, rents and hereditaments, goods, chattels, money or stock of the said Corporation ; and also for and concerning the admission into the said School of children and youth, and their instruction, tuition and conduct ; and for and concerning all other matters and things incident to or that shall or may concern the said School, or any other the matters, interests or affairs of the said Corporation : and the same acts, rules, orders, ordinances, laws and instructions so made and to be made, to revoke, repeal, alter and change, and others or new ones to frame, make and ordain, as they shall see cause ; so as the said acts, rules, orders, ordinances, laws and instruc- tions, or any of them, be not repugnant or contrary to the laws and statutes of that part of our United Kingdom called Eng- land, or of our said Province of New Brunswick : And further we will and by these presents for us, our heirs and successors, do grant, appoint and declare, that our Governor, Lieutenant Governor or Commander in Chief of our said Province for the time being, shall be the ordinary Visitor of the said Corpora- tion and School, and shall and may from time to time, have ail and all manner of power and authority as often as he shall 1044 APPENDIX. No. 3. think fit, of visiting all and singular the acts, rules, orders, ordinances, laws, instructions, doings and proceedings of the said Corporation, and of doing and performing all things which he shall think to be conducive to the benefit and advan- tage of the said Corporation and School, or to the correction, reversal and reformation of any abuses or errors in the same ; and have, hold and exercise all and all manner of visitorial power and authority tlierein. And we do by these presents, for us, our hfeirs and succes- sors, further will, require, appoint and declare, that it shall be the duty of the said Govefrhor and Trustees of the Madras School in New Brunswick, and their successors, to use, employ, manage and dispose of all and singular the estates and funds of the said Corporation, in the best possible manner, for the education and instruction of the children and youth of both sexes in the principles of true religion and morality, and in useful learning, according to the system called the Madras system as aToiresaid, as used and practised in the National Education Society in England ; to hold and keep the Central School always in the City of Saint John aforesaid, and to extend the benefits of the institution to every other part of the Province from time to time, and as often as the funds and means of the said Corpwation will enable them so to do ; and further that the said Corporation shall cause to be kept by their said Treasurer, regular and fair accounts of all sums re- ceived and paid for the use of the said Corporation, and to render the account thereof each and every year, at the annual court or meeting of the said Corporation, on the first Tuesday in July, in writing, on oath of the said Treasurer; and that when the same account has passed the audit of the said Cor- poration at such annual meeting, it shall be transmitted to our said Governor or Commander in Chief of our said Province for the time being, as well for his inspection as for the inspec- tion of our General Assembly of our said Province if required ; and further that the said Governor and Trustees shall, each and every year, at such annual court or meeting, cause a report to be made of the state of the institution, and the same to be printed and published. And lastly, we will and by these presents for us, our heirs and successors, do give and grant unto the said Governor and No. 3. APPENDIX. 1045 Trustees of the Madras School ia New Brunswick, and their successors, that these our letters patent, or the inrollment or exemplification thereof shall and may be good, firm, valid and efifectual in the law, according to the true intent and meaning of the same ; and shall be taken, construed and adjudged, in the most favourable and beneficial sense, for the best advantage of the said Corporation, as well in all our Courts of Record as elsewhere, and by all and singular Judges, Justices, officers, ministers and other subjects whatsoever of us, our heirs and successors, any misrecital, non-recital, omission, imperfection, defect, matter, cause or thing whatsoever to the contrary thereof in any wise notwithstanding. In testimony whereof, we have caused these our letters to be made patent, and the Great Seal of our said Province of New Brunswick to be hereunto affixed. Witness our trusty and well beloved George Stracy Smyth, Esquire, our Lieutenant Governor ana Commander in Chief of our said Province of New Brunswick, at Fredericton, the twenty third day of August, in the year of our Lord one thousand eight hundred and nineteen, and in the fifty ninth year of our reign. G. S. SMYTH. By His Excellencies Command. H. H. Carmichael, Dy. Sec'y. I have perused this Charter, and find nothing therein preju- dicial to His Majesty's interest. Thomas Wetmore, Attorney General. 21st Aufgust, 1819. Recorded the second day of September, in the year of our Lord, 1819. H. H. Carmichael, Dy. Register. INDEX. AGRICULTURE. BoTSFORD and Westmoblakd, Society of, Incorporation, 514. Meeting, general, when and where, 514. Officers to be chosen at, term, 514, 515. Voting at, how, &c. 514. Name and purpose, 514. Carleton County, Society of, Incorporation, 498. Meeting, general, when and where, 498, 501. Officers to be chosen at, term, 498, 501 • Voting at, how, &c. 498. Name and purpose, 498. CaAULOTTE County, Society of, Incorporation, 495. Meeting, general, when and where, 495, 496, Officers to be chosen at, term, 496. Voting at, how, &c. 496. Name and purpose, 496. District Society for Blackville, Blissville, and Ludlow, Incorporation, 519. Meeting, general, when and where, 519. Officers to be chosen at, term, 519. Voting at, how, &c. 519. Name and purpose, 519. Dorchester, Society of, Incorporation, 520. Meeting, general, when and where, 520. Officers to he chosen at, term, 520. Voting at, how, &c. 620. Name and purpose, 520. Glouoesteb County, Society of, Incorporation, 518. Meeting, general, when and where, 518. Officers to he chosen at, term, 518. Voting at, how., &c. 518. Name and purpose, 518. Grand Lake, Queen's County, Society of, Incorporation, 506, 507. Meeting, general, when and where, 507. Officers to he chosen at, term, 507> Voting at, how, &c. 507- Name and purpose, 506, 507- 11. INDEX. AGRICULTURE— Continued. Habvby, Society of, Incorporation, name, powers, and parpose, 513. Kent County, Society of, Incorporation, 504. Meeting, general, when and where, 504. Officers to be chosen at, term, 504, 505. Name and purpose, 504. King's County, Central Society ol, Incorporation, 496, 497. Meeting, general, when and where, 497. Officers to be chosen at, term, 497. Voting at, how, &c. 497- Name and purpose, 497. Kino's County, Union Society of. Incorporation, 499. Meeting, general, when and where, 499. Officers to be chosen at, term, 500. Voting at, how, &c. 500. Name and purpose, 499. Kingston, (Kent County) Society of, Incorporation, 512. Meeting, general, when and where, 513. Officers to be chosen at, term, 5l3. Voting at, how, &c. 513. Name, powers, and purpose, 512. Queen's County, Society of. Incorporation, name, and powers, 517> Saint Patrick, Central Society, Incorporation, 507, 508. Meeting, general, when and where, 508. Officers to be chosen at, term, 508. Voting at, how, &e. 608. Name and purpose, 508. SiMONDS, Society of, Incorporation, 601, 502. Meeting, general, when and where, 502. Officers to be chosen at, term, 502. Voting at, how, &c. 602. Name and purpose, S02. SuNB'jRY County, Society of, Incorporation, name, and powers, 500. Sussex and Studbolm, Society of, Incorporation, 505. Meeting, general, when and where, 606. Officers to he chosen at, term, 506. Voting at, how, &c. 506. Name and purpose, 506. INDEX. lU. AGRICVhTVRE— Continued. UpHAM, Society of, Incorporation, 503. Aleeting, general, when and where, 503. Officers to be chosen at, term, 503. Voting at, how, &c. 503. Name and purpose, 503. Victoria County, Society of, Incorporation, 511. Meeting, genetal, when and where, 511. Officers to be chosen at, term, 611. Voting at, how, &c. 511, 512. Name and purpose, 511. Wakefield arid Bbiohton, Society of, Incorporation, 515. Meeting general, when and where, 516, 517. Officers to be chosen at, term, 516, 517. Voting at, how, &c. 516. Name, powers, and purpose, 515. Wellimoton and Dundas, (Kent) Society of. Incorporation, 510. Meeting, general, when and where, 510. Officers to be chosen at, term, 510, Voting at, how, &c. 510. Name, powers, and purpose, 510. Westmoblakd, See. Society oij Incorporation, 509. Meeting general, when and where^ 509. Officers to be chosen at, tenu, 509. Voting at, how, &c. 509. Name, powers, asd purpose, 509. BANKS. British North Amebioa, Act, &c. how long to apply to, 612, 613. what not to extend to, 613. < Actions between Company and stockholders, proceedings, 610, 611. proviso, 611. by or against, commenced^ &e. how to be, 60S, 609. what not to abat«, 609, 610. Criminal offences against, proceedings, 610. Executions against, how executed, &c. €11, 612. Judgments against, effect of, 612. Stockholders in, names to be registered, when, &c. 613. Transfer, &c. of stock, made, &«. how, 613, 614. registered, when, &c. 614. book for, famished by whom, 614. contents «f, 614. open for inSpecdon, 614. IV. INDEX. BANKS— Continued. Central, of New Brunswick, Act, continuation of, 607, 623. deemed public, 584. Books, &c. of, inspection of, by whom, 580. Bills, &c. discounted, when may be, 579. Capital stock in, amount, 576, 603, 618, 642. paid in, how, 576. additional, banking operationg on, when, 642, 643. premiums on, disposal, 604, 642. shares forfeited, how, 604. subject to what, 605. sold, &c. how, &c. 603, 618, 642. notice of, 604, 618, 642. shares in, assignable, how, &c. 579. Cashier, bonds by, given when, nature of, 577* duty of, as to return of state of Bank, 583, 605, 606. Clerks, bonds by, given when, nature of, 577. Corporation, dealings by, restriction as to, 580. dissolution of, proceedings, 582. powers of, as to lands, &c. 576. Debts by, what not to exceed, 580, 605. who liable for excess, 580. Delinquent sheet. Cashier's duty as to, 584, 606. Directors being on, &c. effect, 584. President's duty as to, 584. Directors in, appointment of Clerks, &c. by, 577- chosen, when, &c. 576. debts of, to Bank, extent, 582. disqualified as, when, &c. 584. meetings, general of, purpose, 581. statement at, by, &c. SSI, when to be, 581. not entitled to salary, 577. number of, 576. qualification of, 576, 577- quorum, 577- residence of, 643. vacancies in, how supplied, 578. votes of, how taken, 605. Dividends made, by whom and when, 581. payable, when, 8ec. 581. Estate, real, amount may be held by, 643. disposal of, how. See. 576. Examination of, by Joint Committee of House, 582. powers of, 582. Expenses of, from what fund paid, 577- Incorporation, name, style, and powers, 574, 575. Loan by, what shall not be made, 582. INDEX. BA'SKS—Coniimed. Central, of New Brunswick — Continued. Notes, &c. of, circulated, &c. when may be, 579. counterfeited, &c. liabilitv of Bank, 581. countersigned, by whom, 581. not to be excluded by single rote, 577. presentation of, before action bronght, 606. signed, by whom, 581. to declare from what fund to be paid, 580. proviso, 580. Officers of, from what fund paid, 577* President of, chosen by whom, and when, 576. notice to Prorincial Secretary, of what, 579. proceedings and purpose, 579. number of votes at board, 577- Return of, form, 583. made, signed, and sworn to, by whom, 583. what further, Cashier to make, &c. 583. Shares in, deemed what, 606. seized, &c. on execution, proceedings, 606, 607. Stockholders in, liability of, for bills issued, what, 580. exception, 580. meetings, general, called how, &c. 582. number of votes of, 577, 578. proxy of, when may vote, 578. shares of, how many may hold, 578. CHAKtOTTE CODNTT, Act, continuation of, 574, 623. Books, &c. of, access to, by whom, 573. inspection of, by whom, 572, 573. Capital stock, amount, 567. paid in, how, 567. increased, 625. disposal of, 625. operations on, when, 625. premiums on, divided, how, 625. shares of, forfeited, disposal, 625, 626. subject to what rules, &c. 626. questions relating to, &o. how decided, 626. instalments in, how paid, 571. Cashier of, bonds by, &c. when to be given, 570. Clerks of, bonds by, &c. when to be given, 570. Corporation of, powers as to lands, &c. 568. Debts, &c. of, from what fund payable, 572. what not to exceed, 572. Delinquent sheet, Cashier's duty as to, 621. Director being on, &c. effect, 621, 622. Fresident'n duty as to, 621. VI. INDEX. BANKS— Continued. Charlotte County — Contimied. Directors, appointment of officers of, by, 569. chosen, faow and S28. INDEX. XIU. CHAMBER OF Commerce — Continued. Corporation, Council of, officers of, chosen how, &c. 526. powers of, 526, 527. proviso as to election of, 526. quorum for business, 627. term of office, 526. vacancy in, how supplied, 526. Funds, Sjc. of, how used, 8fe. 525. Meeting of, general, called how, &c. 527- place of, 625. ' service of notice, ^"C. at, good, 525. Members, elected bow, &c. 527. eligible for, who, 527. Quorum of, 526, 627. Subscriptions, due to, paid to whom, 528. default, recovery, &c. 528. Incorporation of, name and powers, 524, 525. CHURCHES. Of England, Christ, Fredericton, Bishop of, what land to be conveyed to, and by whom, 368. for what purpose, 368. subject to what, 368. Chapel " Saint Anne," and land, vested in, how, 367, 368. Name of, 368. Parish Church, when to be, 368. Sittings in, free, exception, 368. Corporation, sale of what leased lands by, may make, 370. deeds of, SjH. 371. proceeds of, how. Sic. disposed of, 371. Election of Church Wardens, by whom, Sfc. 368. Owners of pews in, compensation ^o, which, 369. how settled, 370. Remains of Lieutenant Governor Smyth, disposal, Sfc. of, 369. certificate of, 369. registry of, 369. Removal, i^c. of, by Church Wardens, 8;e. when, 369. when by Bishop, 369. Christ, Saint Stephens, Corporation of, what of glebe may sell, 341. deeds for, 341. who to concur in, 341. proceeds, how disposed of, 342. Diocesan Church Society, Act when to take effect, 376. Corporation, constitution, Sjc. of, what declared to be, 375. alteration, .^■c. in, amended, % 728. Dividends of profits, '<§-c. made by whom, &c. 723.. what not considered as, 723. when not to be made, 723. Insurance by, on what, how effected, 723. policies of, binding, when, 723. losses on, how settled. Sec. 723. Lands, SfC. held by, what not to exceed, 723. exception as to mortgages, &c. 723, 724. Meeting, general, of, called how, &c. 719, 727. . purpose, 719. holden annually, 720. Operations of, commenced how, 722. President, chosen by whom, and when, 720. compensation to, by whom, &c. 721. when liable for losses, &o. 725. Proceedings of, inspection, 727. Profits of, disposal by whom, and bow, 724, 725. Eeturn of state of affairs of, laid before Legislature, 728. made by whom, 8sc. 728. nature of, 728. signed, &o. by whom, 728. sworn, &c. to, by whom, 728. Secretary of, bond by, given when, nature of, 721. Stockholders in, voting by, how, &o. 721, 722. Incorporation of, name and powers, 717' New Brunswick Mabinb, Act. limitation, 714,716. Committee, appointed for what, 71 !• INDEX. XIX. COMPANIES— CowiiwMerf. Assurance, New Brunswick Marine — Continued. Corporation, Books, &o. of, inspection of, by whom, 710. Capital stock, amount, 7^1. paid in, how, 701. assignable, how, 709, 710. deposits of, what, effect, 702. increase of, by whom, how, 7I2. instalments, how paid, 712, 713. premiums, divided how, 713. subject to what rules, &c. 713. invested, by whom and how, 7O8, 709. loan of, who not to be made to, 709. securities for, renewable, how, 714, 715. shares in, amount called in at one time, how, 703. number maybe held, 701, 702. paid in, to be, 702, 714. Dealings by, what restricted to, 709. Debts of, what property liable for, 710. Directors of, appointment of officers by, when, &c. 704, 705. board of, quorum at, 705. chosen by whom, how and when, 704, 705. continuance in office, 7OO. disqualified to act as, how, Sec. time, 706, 709. duty of, on dissolution of Corporation, 7IS, 716. eligible for, who, 706. liability of, for what losses, 710. number and powers of, 704, 705, salary, not entitled to, 704. vacancy, how supplied, 707- Dissolution, how, 715, 7I 6. Dividends, declared by whom, and when, 707. 708. Insurances by, on what, 707- policies of, binding, when, 7O7. I how made, 707. Lands, &c. held by, to what extent allowed, 7O8. mortgages on, exception as to, 708. Meetings of, general, called how, 703, 704, 715, 716. Operations of, commencement of, when, 703, 707. President of, chosen how, 704, 705. compensation to, 705, 7O6. voting at board by, how, 705. Profits of, disposal, 709. Secretary of, bonds by, nature of, when to give, 706. Statement of affairs of, nature of, made how, 7IO, 711. return of, made by whom, how, 711, 712. Incorporation, name, and powers, 701. 68 XX. INDEX. COMPAI^IES— Continued. '' Booh, Akestook, Act, coDtinaatioii, 843. limitation, SI 4, 815. Bnyal assent, 815. vhen to Cease, 814. Corpora tioBi Authority of, restriction a? to lands, &c. BIZ. ■ Booms of, ereettOD of, by, 812. j^, purpose of, 812. ■: fiojs J ; proviso as to, 812. ;tr\ , rnjtrry, 8[c. to, penalty, recovery, 813, 814. . > yi p.-<^ open for eonveyance of timber, determined, hoir, ^..;^i.,;W 813,814,842.843. ^^v;,.> passage ways, SfC. gaarded, &e. hoir, 812. ^ Lumber, &e. depcriptioD of, furnished to, by whom, 814. '.pa (.(.j, loss of, liability, 813. not claimed, proceedings, 814. rafted, \fhen to be. Sie. 813. Meeting 6f, first, called how, 8eo. 824. ,,;,; ,,,(3, Tnllsi &c. to, amount, 814. i' tv .lai'il' lien for, 814. ■ Union of, with Fredericton Boom Company, how, &c. 824, effect of, 824. Incorporation, name, and powers, 812. FllEDBJlICTON, Act, eontinnatioii, 842. limitation, 811. rights, reserved by, 823. Corporation, Assessments by, levied, when, 81 (T. prpceeding^, 810, 811. purpose, 810. upon what, 810v Boomsge, for what, 808, 809. lien for, when, 809. Booras of, erected, when to be, 8O7. injury to, wUfal, punishment, 841, 942L to be kept Open, time, 808. Capital stock ef, amount, 807> deposits, paid bow, and when, 808^. inoreMed, how, extent, 819. shares, disposal, 820. subject to what rules, 820. fMnpates r(ilutiDg to timbei^, &c. how settled, 819. Lands, &e. occupied, &c. by, compensation for, 840. dispute as to, how settled, 840, 841. Liable in private capacities, for what, 811. Los^ i»f timber, &e. what, not liable for, 810. INDEX. XXI. COUVANIES— Continued. Boom, Frbdebicton — Continued. Corporation, Meeting of, first, called how, &c. 8O7. purpose, 8O7, 808, Navigation River Saint John not interfered with, 808. Powers of, when to cease, 811. Timher, &c. compensation for keeping, 820. driving to Crock's Point, pay for, 821-823. from Crock's Point, how, &c. 820. left behind, liability, 823. lien upon, for what, 822. time allowed for, 822. floating joints of, protection, 839, 840. compensation for, 840. found below boom, liability, 820. keeping clear of islands, &c, 822. passing out of boom, may collect, 821. copipensation for, 821. picked up by, what required to be, 809. survey of, conclusive, when, 821. what, may be driven frojft G, Falls to Crock's Point, 821. Incorporation, name, and powers, 8O7. Havmond Riveb, Act, continuation and limitation, 850, 851. Incorporation of, purpose, jind restrictions, 825. Narkawickao, Corporation, Assessments by, levied, for what, 856, 856. Boomage, amount, 854. Booms, erected by, to he kept open, how, &c. 854. injuring wilfully, damages, recovery, 855. rafts running into, compensation, &c. 854. Capital stock, amount, 853. deposit, &c. on, allowed as, what, 854. paid how, &c. 853, 854. Disputes relating to timber, &c. how settled, 855. Lands, authorized to enter upon, when, 854. Liability of, individually, when, for what, 856. Lien on timber, &e, for what, 855. Meeting of, first, called how, &c. 853. Incorporation, name, powers, and purpose, 853. Nashwaak, Act, pontinuatioq, of, 850. limitation of, 819. Corporation^ Boomage, ampunt, 816, 817, 844. enforced, hotv, 843, 844. XXll. INDEX. COMPANIES— Continued. Boom, Nashwaak — Contimied. Corpora tioD, Booms, Ronstruction of, hovr, Sl'6. open, how long, S^c. 816, 844, 849, 850. rafts running into, compensation, &c. 81?. rafting timber, &c. in, hovr, 850. Capital stock, amount, 815. assessment on shares of, how, £;c. 816. deposits, effect, 816. increase of, amount, 863, 864. assessment on shares of, 864. Disputes relating to timber, &c. how settled, 81?. ' Liable individually, when, for what, 818. Lien of, on timber, &c. for what, Sfc, 817. * Meeting of, first, called how, &c. 816. Powers of, when null and void, 818, 819. Restrictions as to entering upon lands, &c. 819. Incorporation, name, powers, and purpose, 815. Owners of timber, &c. may raft, &c. below mills, 850. Saint Stephens Middle, Corporation, Booms, constructed, how to he, 852. Bestrictioa of, as to entering upon lands, &c. 852. Incorporation, name, powers, and purpose, 851, 852. Saini Stephens Upper Mills, Act, continnation of, 849, 851. Corporation, Booms, main, timber, &c. turned out, how, 848. booAage for, amount, 848. refusal to pay, proceedings, 849. floating into, sold how, &c. 849. injury to, wilful, penalty, &c. 848. side, &c. erection of, where, how, Sfa. 847. timber, &c. tamed out, bow, 847. delay, damage, recovery, 847. floating into, sold, how, &c. 849. injury to, wilful, penalty, &c. 848. Capital stock of, amount, 846. shares in, number, 846. Meeting of, first, called how, &c. 846. Incorporation, name, powers, and purpose, 846. South Bay, Corporation, Assessments by, on shares, proceedings, and purpose, 832. Boomage, amount, 836, 837. increased, amount, 862. how, and when, 862. rate of, 835. INDEX. xxni. COM PANIES— Continued. Boom, Sooth Bay — Continued. Corporation, Booms, ingpection of, by Commissioners, wben, &a. 834, compensation for, 835. timber fastened outside, compensation for, 833. Capital stock, amount, 829. deposits, when, &c. 830. default in, effect, &c. 830. default in calls, recovery, 835, 836. action for, evidence, 836. pleadings, 836. extension of, amount, how, 860, 861. increased, amount, hovr, 839. shares in, subject to rules, Sfo. 839. shares in, number, 829. Compensation to, for timber, &c. fastened ontside piers, 832. Directors in, appointment of officers by, 831. compensation to, 831. chosen, by whom and when, 830, 831. continuance in office, 830, 831. disqualified, how, 845. eligible for, who, 831. money may be raised by, how, 4'C. 836. purpose, 836. number and powers of, 830. re-election of, how many, 831 . » vacancy in, how supplied, 844, 845. Incorporation, name, powers, and purpose, 829. Lien by, on what, 831, 862, 863. what not to prevent, 831. Lnmber surveyed, account, by whom, &c. to be given, 834. Meeting, general, called how, &c. 830. purpose, 830. Members of, who deemed, 830. Not liable for what loss, 833. Penalty for cutting rafts, 837. recovery and application, 838. Powers of, as to directing situation, &c. of rafts, 861, 862. President, chosen, by whom and when, 830, 831. Removal of timber from booms, proceedings, 838, 863. recovery and application, 863. Statement of affairs of, laid before whom, when, 835. Stockholders, individually liable for what, 832, 833. not to be officers of Corporation, 831. Superintendent, not to be Surveyor, when, 831. Waters, what may enter upon, 833. condition, 833. COMPAi^lES— Continued. Boom, South West, Act, limitation of, 859. Corporation, Booms, constructed, how, &c. 8S7. injury to, penalty, 858, 859. floatiog raft? running into, proceedings, 858. opened, when, 857. Capita\ stock, amount, extended, how, 857. liauds, authorized to enter on, when, 857. liien by, on what, and for what, 857, 858. Meeting of, first, called how, 857. Powers of, when null and void, 859. ShareboldeiB in, default hy, liahility, 858. action against, pleadings, 858. Stockholders, liable in private capacities, when, 859. Incorporation, name, powerg, and purpose, 856, 857. TOBIQHB, Act, continuation of, 852. limitation of, 828. provisions of what, repealed, 852. terminatiou of, when, 828. Corporation, Poomage, amount, 827, 828. Booms, erection of, where, &c. 826, Injury to, wilful, penalty, &o. 827. Lumber in, when to be taken care of, 828. Passage ways in, &c. guarded, how, 826. Timber coming in, how, &c. rafted, 826, 827. Lands, what not authorized to enter upon, 826. Incorporation, name, powers, and purpose, 825, 826. BtiiDeB, CouBTNBY Bay, Act, null and void, when to be, 925. Corporation, Bridge, &c. erected by, how, where, &c. 921, 922. 'gates, &c. across, erected by, how, 922. injuring wilfully, felony, 924. tolls, amount, 922. collector of, powers of, 922. collected bow, 922, 923. dispute as to, how settled, 923. exempt from, what, 924. Capital stock of, amount, 918. extension of, when, 918. shares in, assessment on, when, 920, 921. 'assignable, 919. shareholders of, default, action for, 924. pleadings, evidence, 924, 925. INDEX. Xtr. COiAPAi^lES— Continued. Bridoe, Courtney Bat — Continued. Corporation, Debts of, what property liable for, 920. Directors, chosen, when, 918, 919. eligible for, who, 919. statement by, of what, 924. Lands taken by, compensation for, proceedings, 923, 924. Meeting of, called how, and when, 918, 919. Officers, &6. of, chosen, when, 918, 919. President, chosen, by whom and when, 918. Incorporation, name, and powet'S, 918. Road, plan of, where to be filed, 925 site of, subject to rthbse approval, 925. Stockholders, voting by, how, Sfc. 919. North West, Act, null and Void, when, 91 7- Corporation, Bridge, erected by, how, when, &c. 912, 913. gat^s across, &c. erected, how, 914, 915. horses, &c. driven over, how, 915. injury to, wjKut, felony, 915. surrender to Province, when, 917. tolls, evasion of, fine, 915. exemptions from, 915, 916. Bye laws of, made, what, when, and by whom, 911. Capital stock, amount, 910. extension, 910. Debts, &c. of, what property liable for, 911. Directors, chosen, when, 911. number and powers 911. statement by, of what, when, &c. 916. Lands, %c. taken by, compensation for, how, 913. disijute as to, how Settled, 913, ^14. Metings of, called how, and when, 911. Incorporation, name, and powers, 910. Shareholders, default in payment by, action, 916. pleadings, evidence, 916, 917, Saint Croix, Act, limitation, 897. renewable, conditions, 897. Bridge,- established where, 896. horses, S;c. driven over, how, 896. toll of, amount, 896, 897. collected, huw, when gates left open, 897, in full, for what distance, 897. payment of, evaded, fine, 897. Corporation, meeting, called how, 897. Incorporation, name, and powers, 896. XXVI. INDEX. COMPANIES— Contimied. Bridce, Saint John Suspension, Act, Royal assent, 909. when to cease, 905, 909. Bridga, erection of, hnw and where, 901 , 902. not to interfere with what, 908. constructed, of what material to be, 908. gates, &c. across, erected, bow, 903. intercourse across, prohibited, when, how, 908. purchased by the Province, how, when, 907. tolls, amount, 903. collection of, how, 903. disputes as to, how settled, 903, 904, exempt from, what articles, 906. Corporation, Capital stock, amount, 898. extension of, how, 898. shares in, assessment on, how, 901. assiftnable, how, 899, 900. default in payment, suit, 906, 907. evidence, pleadings, 907* Debts of, what property liable for, 900. Directors, chospu how, when, 899, 900. eligible for, who, 899. statement by, of what, when, 906. Lands, Sfb. taken by, compensation, 904. dispute as to, how settled, 904, 905. Meetings of, called how, 898, 899, 900, 901. President, chosen, when, 899. Incorporation, name, and powers, 898. Stockholders, voting by, how, 899. Works of, wilful injury to, felony, 905. Fishing, Nobthumbebland Straits, Act, when to cease, 950, 951. Corporation, Bye laws, &c. when to be made, 950. when in force, 949. Capital stock, amount, 946. increased, how, Sfc, 950. calls, when to be made, 950. shares in, assessment on, how, 948, 949. call for, action, proof, 952. Debts of, what property liable for, 948. Directors, chosen, how, when, &e. 947, 949, 950. number, 952. Secretary, appointed by, remuneration to, 948. Treasurer, appointed by, remuneration to, 948. vacancy in, how supplied, 952. INDEX. XX VII. COi/lFAl!ilES— Continued. FiSHiNO, Northamberland Straits — Continued. Corporation, Fishery, what may carry on, 950. Lands, &c. held by, extent, 949. Meetings of, first, called hovr, 947- general, called how, 947. special, called how, 947, 948. Members of, votes by, how, Sec. number, 948. Operation of, commencement of, when, 951. Incorporation, name, and powers, 946. Gas, Fredericton, Act, when to cease, 887. Corporation, Capital stock, amount, 882. paid in, when to be, 882. extension of, how, &o. 883. assessment for, &c. 883. shares in, assessment on, liable for, 884. collection of, 885, 886. assignable, how, &c. 884. Debts of, what property liable for, 884, 885. Directors, chosen, how and when, 883. eligible for, who, 883. vacancy in, how supplied, 884. Justices of York, control, &c. over what acts of, 887. Meetings of, first, called how, 883, 886. general, called how, 883, 886, 888. President, chosen, how and when, 883. Pipes, &c. laid down, in streets, how, 886. conditions, 886. kaders for, provided by, when and how, 887, 888. expense of, who to pay, 888. Stock subscription list, left where, 885. notice of, given, 885. Stockholders, votes by, number, how given, 883, 884. amount of subscription by individual, 885. Incorporation, name, powers, and purpose, 882. Penalty for throwing, Sfc. noxious substance into river, 887. Streets, not repaired by, expense, how recovered, &c. 886, 887. Saint Akdbbws, Act, when to cease, 894, 895. Corporation, Capital stock, amount, 890. paid in, when to be, 890. extension of, how, &c. 890. assessment on, how, 890. proviso as to, 890, 891. 69 xxviii. ind£x. COMP AmES—Contintied. Gas, Saint Andrews — Continued. Corporation, Capital stock, Shares in, assessment on, bow, ^e. 893. enforced, 892, 893. assignable, how, &c. 892. Debts of, what property liable for, 892, 893. Directors in, chosen, when, <^c. 891. eligible for; who, 891. vacancy in, how supplied, 892. Justices of Charlotte, control, &c. over what acts of, 895, Meetings of, first, called how, S[e. 891, 894. general, called how, ^c. 891, 894. President, chosen, how and when, 891. Pipes, &c. laid down by; in streets, howi &c. 894. conditions, 894. leaders for, provided, &c. expense of, how paid, 895. Stockholders in, votes by, number, how given, &c. 891, 892, Stock subscription list, left where, 893. notice of, 893. amount of individual subscription, 893r Incorporationj name, and powers, 890. Streets, not repaired by, expense, how recovered, 894. Saint John, Act, when to cease, 881. Corporation, Capital stock, amount, 87ff. paid in, when, 876. assessment on, how, &c. 879. . assignable, how, &c. 878. extension of, 876, 889. assessment on, &c. 877> 889. Debts of, what property liable, <§rc. for, 878, 879'. Directors in, chosen, bow and when, 877- • continuance in office, 889. eligible for. Who, 877. vacancy in, how supplied, 878. Mayor, Sfo. power over what acts, &e. of, 881. bye laws by, toads for what, 881. ^ how enforced, 882. Meetings of, first, called how, ^e. 877, 880. general, called how, &c. 877, 889. , Pipes, Sfc. laid down in streets, hoW, i^c. 880. conditioiis, 880. leaders, SfC. for, provided, &c. by whom, and how, 881 » expense of, by whom paid, 881. President, chosen, how and when, 877- Stockholders, votes by, number, and how, 877) 878. INDEX. XXIX, COMPANIES— Co?!*«n«erf. Gas, Saint John — Continued. Corporation, Stock subscription list, left where and when, 879. notice of, how, Sfc. given, 879. number of individaal shares, 879. Incorporation, name, powers, and purpose, 876. Penalty for throwing noxious substance, &c. into harbour, 881. Streets, 8tc. not repaired by, expense, l»ow recovered, 880, 881. Grindstone, Shbdiao, Act, when to cease, 958, 960. Corporation, Capital Btbck, amount, 958, 960. paid in, how, &c. 958. Debts of, what property liable for, 959. Directors, chosen, when, 958. powers of, as to bye laws, &c. 959. Meeting, annual, called how, 958. omission, effect, 959. first, called how, 958. Officers of, necessary, chosen, how and when, 958. Shares in, assignable, how, 959. certificate of, 959. numbered, how, 959. Stockholders, votes by, how, Sfc. number of, 959. Incorporation, name, powers, aud purpose, 957, 958. Home Factory, Woot^pN, York, Act, when to cease, 975, 976. Corporation, Capital stoc^, amount, 975. increased, how, &c. 975. Incorporation, name, Apd poweris, 975^ Hotel, Saint John, Act, when to cease, 943, 944, revived, 944. Corporation, Directors, Appointment of officers, by, 942. compensation to, 942. chosen, how, Sic 942. Meetings, annual, «alled how, 942. general, called how, 941, 942. Members of, votes by, how, number, 942. Property of, divided, how, &;. 941. shares in, assessments on, how, &c. 943. assignable, how, &c. 941. lacorporation, name, and powers, 941. XXX. INDEX. COMPANIES— Co«rtnM«rf. Insuranoi!, Central Fire, Act, limitation of, 684. Corporation, Books, 4:e. of, inspection of, by whom, 682. Capital stock, amount, 673. to be paid in, how, &c. 674. deposits in, how, &c. 673, 674. deemed what, 674. invested, how, &o. 680. securities taken for, what, ^e. 674. examination of, by nbom, 674. renewable, 685. shares in, assignable, how, &c. 682. Dealings by, restrictions as to, 681. Debts, &c. of, what property liable for, 682. Directors, appointment of officers by, 675. chosen, how, when, &c. 676, 676. omission, remedy, 677i 678. eligible for, who, 677. liable, for what losses, 682. moneys, may be applied by, for what, &c. 681. not to receive salary, 677. number of, 676, 687, 688. powers of, general, 675, 676, 677- quorum, 677. re-election of, 676. receiving instalment by, 675, 676. statement of affairs by, how, 4rc. 682, 683. Dissolution of, declared how, proceedings, 683, 684. Dividends, half yearly, of what, SfC. 679. amount of, what not to exceed, 680, 68 1 . Insurances by, amount of, 684. effected, on what property, 678. extent, on single, 679. losses under, how settled, ^-c. 679. policies of, binding on whom, 678, 679. signed, &c. how, 678. by agents, when, 679. when may be made, 684. Lands, held by, what not to exceed, 679. exception as to mortgages, 679, 680. Meetings of, general, called how, &c. 675, 676, 683, 688. Operation of, commencement of, when, 675. President, chosen, &c. how, 675, 676. liable for what losses, 682. Proceedings, &c. of, examination, by whom, 683. Stockholders, votes by, how, and number of, 677. Incorporation, name, and powers, 672, 673. INDEX. XXXI. COMPANIES— Cojsimwrf. Insukance, Mutual, » Corporation, Funds of, invested how, 687. Meeting of, called, by whom, 687. how and when, 687. Members of, who deemed, 687. Incorporation, name, powers, and purpose, 686. Mutual, King's County, Corporation, Funds of, invested how, S^e. 689. Meeting, first, called by whom, how, and when, 689. Members of, who deemed, 689. Incorporation, name, powers, and purpose, 688, 689. Saint John Fire, Act, limitatiofi of, 700. Corporation, Books, Sga. inspection of, by whom, 698. Capital stock, amount to be paid in, 690. deposits of, how, Sfc. 690, 691. deemed, what, 691. default, effect, 691. invested, how, Sfc. 696. securities taken for, what, 691. renewable, how, ^c. 691 , 697, 698. shares in, assignable, how, Sfc. 696, 697. number, 690. paid in, when, S[d. 691. Debts, ^c. of, what property liable for, 697. Directors, appointment of officers, ^-c. by, 692. chosen, how, when, SfC. 692, 693. disqualified, how filled up, 694. eligible for, who, 694. liable for what losses, 697. moneys may be applied by, for what, 696. number and powers of, 692, 693. quorum, 693, 694. statement of affairs by, how, ^e. 698. Dissolution of, determined, how, proceedings, 699. Dividends, declared, how, <§-c. and when, 695, 696. Insurances by, effected, on what property, 695. extent, on single, 695. losses under, how settled, i^c. 695. policies of, binding on whom, 695. heading, form of, 692. n.ade, when may be, 691, 692. signed, 4'c. how, 695. by agents, when, 695. XXXII. INDEX. COMPANIES— Conimwrf. Insurance, Saint John Fibe — Conti/nued. Corporation, Lands, S^c. held by, what not to exceed, 696. exception as to mortgages, &c. 696. Meetings of, called, how, ^a. 693. holden, when and where, 694. Presidejnt of, chosen, how, <§-c. 692, 693. compensation to, 694. liable for what losses, 697^ Stockholders, votes by, how, and nnmber, 694. Incorporation, name, and powers, 690. Mancfaotuhiko, Albert, Act, when to cease, 974. Corporation, Capital stock, amount, 972. instalments on, what taken for, i^c. 972. shares in, assignable, how, &c 973. certificate of, 973. deemed, what, 973. holders of, entitled to vote, how, Sja. 972- number, 972. , Debts, if'C. of, what property liable for, 973. Directors, agent, <§rc. appointed by, 973. chosen, how and when, 972, 973. continuance in office, 972. dividends declared by, 973. eligible for, who, 973. management of affairs by^ power, 973. subject to what, 973. real estate purchased by, when, 973. Meeting, annual, called how, &c. 972, 973. first, called how, ^c. 972. President, chosen, how, &c. 973. Officers of, appointed by, when and where, 973. • Railroad, damage done to lands by making, compensation, 974. dispute as to, how settled, &c. 974. Incorporation, name, powers, and purpose, 971, 972. Mill and Manupaotobino, Fbedbbicton, Act, when to cease, 938, 939. Corporation, Cs^pital stock, amount, 938. .increased, when, 938. paid in, when, 938. Debts of, what property liable for, 938. Meeting, first, called how, 938. Property, what may hold, 938. Incorporation, name, and powers, 937, 938. INDEX. xxxni. COMPANIES— Coni!m«e(;. Mills and Canal, Saint John, Act, accepted, &c. as a Public Act, 937. Incorporation, nam», powers, and purpose, 936, 937. Middle Landino, Saint Stephen, Corporation, Authority to construct dams, &c. 939. for what purpose, 939, 940, Assessment by, notice of, how given, 940. purpose of, 940. Lien on timber, 8ec. by, for what, 940. Meeting of, first, called how, &c. 939. Incorporation, name, powers, and purpose, 939. Owners of mills liable for what debts, &c., proportion, 940. TOtes of, number, 940. Mining, Albert, Act, Royal assent, 934. what rights not interfered with by, 934. Corporation, Capital stock, amount, 930. assessment on, notice of, 931, 932. default in, proceedings, 932. who liable for, amount, &c. 93] . increased, how, &c. 931. Debts of, contracted by, when may be, 933, 934. what property liable for, 931. ■ Lands, &c. entered upon by, compensation, 932. dispute as to, how settled, 932, 933. deemed to extend to what, 934. Meeting of, first, called how, &c. 930. Incorporation, natne, powers, and purpose, 930. Asphalts and Kerosene Gas, Corporation, Office of, kept, where to be, 935. purpose of, 935. Incorporation, name, powers, and purpose, 935. York and Oarleton, Act, when to go into operation, 929. when to cease, 928. Corporation, Capital stock, amount, 926, paid in, when, 926. assessment on, how, &c. 928. collected, how, &c. 928, who liable for, 927. increased, how, 8fc. 927. Debts of, what property liable for, 927- XXXIT. INDEX. COM P ES— Continued. MiNINO, York and Cableton — Continued. Corporation, Lease to, cancelled, when, how, &c. 929. new one given, how, reservation in, of what, 929. Meeting, first, called how, 926. Sum of money granted to, for what, 929. Incorporation, name, powers, and purpose, 926. Plaisteh. and Rail Boad, Hillsborough, Act, when to cease, 955. Corporation, - Capital stock, amount, 954. shares in, assignable, how, 955. certificate of, 955. numbered, bow, 955. voting on, how, 954. Debts of, what property liable for, 955. Directors, chosen, how, 8[C. 954, 955. general powers of, 954, 955. Lands, damage done to by, compensation, 956. dispute as to, how settled, 956. Meetings of, annual, called when, 954. first, called how, 954. omission of, what not to affect, 955. Incorporation, name, powers, and purpose, 953, 954. Railway, Grand Falls, Act, action for anything done under, when to be commenced, 743. pleadings in, 743. null and void, when, 743, 776. revived, and what done under, valid, 776. rights, what not affected by, 777- Royal assent, 743, 745. Corporation, Capital stock, amount, 731. increased, how, 777. shares in, calls, action for, evidence, 734, 735. pleadings in, 734. when, &c. 734. enforced, how, 734. interest on, when, 734. made by whom, &e. 734, paid to whom, 733. certificate of, evidence, 733. deposits, when, Sfo. 732. receipt, discharge, what, 733. sale of, on default, how, 777* transferable, when, 733. trusts in, who not liable or, 733. INDEX. XXXV. COMPANIES— CoKifeaed. Railway, Grand Falis — Continued. Corporation, Debts of, what property liable for, 742, 743. Directors, chosen, how, when, Sjc. 739. cnntinuaDce in office, 739. disqualification of, 739. eligible for, who, 777. powers of, as to officers, 739. Dividends, yearly, made when, 742. deductions, before being, 742. paid on what shares, 742. Fences, erection, &o. of, when and where, 737- neglect, liability, proceedings, 737, 738. Lands, what may enter upon, purposes, 737. Meeting, annual, called how and when, 738, 776, 777. general, called how, 739, 777- Military forces, conveyance of, by, how, 741. Minors, Sfc. money payable to, by, whose receipt good, 742. Operations of, commenced, when may be, 732, 733. Powers of, as to entry on lands, 735, 736, 737. President, chosen, how, 739, 777- Profits of, deductions before apportioning, 742. Pursuits, what may engage in, 777- Bailway of, purchased by Province, when, 741. used by whom, 740. Schedule, 743, 744, 745. Shareholder, proof of being, what, 735. votes by, how, Sjc. and number, 738. what to mean, 734. Statement of affairs of, filed, when, proceedings on, 740, 741. 1 Tolls, established by, for what, 740. excessive, reduced how, 740. reduction, &c. not be made for, when, 742. varied by, when, condition, 741, 742. Works of, injury to, wilful, felony, punishment, 743. Incorporation, name, powers, and purpose, 730, 731. Maoaguadavio, Act, actions brought for any thing done under, limitation, 773. null and void, when, 773, 774. Corporation, Capital stock, amount, 755. shares in, advance beyond call, allowed, 758. interest upon, 758. calls on, interval between, 755. evidence of, 760. interest on, when, 758. made, when and how, 757, 758. notice of, 755, 758. 70 XZZTI. INDEX. COM FANIES— Continued. Railway, M AGAGUADAvio — Continued, Corporation, Capital, shares in, certificate of, JeliTerin^, fbS. expenditare of moneyB raised on, how, 755. action, for recovery of, 758. evidence in, 759. pleadings in, 758. ferfeited, declared, how and when, 759. eonfirmation of, 1W. notice of, 759. revert to shareholder, when, 761. gale, &c. of, how, 760. surplus, disposal, 761. what number of, 760- interest upon, amount, 756, 757- transferable, when, 757' trusts in, what Compdny not liable for, 757^ payment of, when, to whom, 757* Debts of, what property liable for, 772- Direetdrs, appointment of officers, S;e. by, 766. bye laws, Sfc. altered, Sjts, by, 766. binding, when, 766. chosen, how, Sjrc. 766, 766. number, qualification, qnorum, 76S»> vacancy in, how filled up, 766. Dividends, made by, how, wh^O, 771, 772. minors, &c. receipts, &c. of, good, when, 77^' paid, on what shares, 772. Lands of nlinors,&e. taken by, receipts, &c. when valid, 763*' Meetings of, annual, when, called how, 766. extraordinary, when, 766. general, when, 765. Operations of, when may be commenced, 755, 756. Fresident, chosen, how, Stc. 765. votes by, at board, how, 765. * ^ Profits divided, deduction before, 772. Powers of, as to lands, &c. 761. 762, 763, 764. Railway of, branches, made by, purpose, 756. fences, when npcessary, erection, ^c. of, 764, gates, on crossings of, erection by, 764. purchased by Province, when, 768. mails, conveyed on. how, &c. pay, SjO. 769, 770.- military forces, conveyed on, how, &c. 770, 771- Returns by, of what, delivered to whom, 773. Shareholders in, evidence of title, what, 757- evidence of being, what, 759, votes of, number, Sec. 765r INDEX. XXXVII. COMPANIES— Cora^mMj?. Kailways, Magaguadavhj — Contimied. Corporation, Statement of aflfairs of, made, how, &o. 768. Tolls altered, hpw, when, fee. 771- granted, on what, purpose, 767- excessive, reduced, how, 767, 768. Works of,, injury te, felony, punishment, 773. Electrical telegraph, laid down, &c. by whom, 771. Incorporation, name, powers, and purpose, 7S3, 754, 75S. Legislature, accounts, what to be submitted to, 773. right of, to enquire into doings of, 772, 773. Schedule. 774, 775. §AiHT Stephen, Act, when nail and void, 752, 7S3, Corporation, Bye laws, power to make, &o. 747- Capital stoct, amount, 747- ' shares in, assessments on, 743. sale of, when, 748. Clerk of, appointment, oath, &c 747. Directors, chosen, how, &c. 747, 752. number, quorum, 747. Lands held by, how, for what, 748. of infants, &c. agreements, &c. valid, when, 747. Meeting of, annual, called how, 752. first, called how, 747. President, chosen, how, 4c. 747- flights of, when exercised in State of Maine, 752. Railroad of, bridges across riv«rs, &c allowed, 750. repaired, by whom, 749, 750. crossings by, how cared for, 749. connection with other roads, how, 749. fences erected along, how, 750. mails conveyed on, how, 750, 751. troops conveyed on, how, 750, 751. tolls for, established, how, 749. works on, injury to, punishment, 751. Incorporation, name, powers, and purpose, 745, 746, 747- Legislature, rights of, as to enquiring, &e. 752. EiVER Driving, Lacoote, Act, limitation of, 875. when to cease, 875. Corporation, Capital stock, amount, 871. shares in, assessment on, proceedings, 874, 875. assignable, how, S^a. 872, 873, Dumhered, how, Sfc. 874. XXZVIIl. INDEX. COMPANIES— Continued. RiVEit Dbivino, Laooote — Continued, Corporation, Debts of, what property liable for, 873, 874. Dirertors, chosen, by whom, &c. 872. eligible for, who, 872. omission to choose, remedy, 873. quorum, 872. vacancy, how snpplied, 872. Lands entered on by, how, &c. 870. Meetings of, first, called how, &c. 871, 872. general, called how, &c. 872. special, called how, 875. President, chosen, how, 872. Stockholders, liable for assessments, 874. votes by, number, and proxy, 872. Tolls, regulated and collected. &c, how, 87O, 871. Incorporation, name, powers, and purpose, 870. Sluice, Saint Stephen, Corporation, Capital stock, amount, 865. ini'.reased, how, 865. shares in, assessment, proceedings, 867. assignable, how, 866, 867. Debts of, what property liable for, 867. Directors, chosen, how, 866. omission to be, remedy, 867. continuance in office, 866 quorum, 866. Lands entered upon by, how, compensation, 868. dispute as to, proceedings, 868, 869. Meeting of, first, 865, 866. annual, 866. called how, 867, 868. Powers of, restrictions as to, 869. President, chosen, how, 866. Shareholders, votes, number, 866. Tolls, established, &c. how, 869. Incorporation, name, powers, and purpose, 865. Stram, Faotoby, Sunbubt, Act, when to cease, 970. Corporation, Capital stock, amount, &e. 967, 968. paid in, how, 967, 968. increased, how and when, 968. shares in, assessment on, how, &c. 969, 970. assignable, how, &c. 969. numbered, 969. INDEX. XXXIX. COMPANIES— Continued. Steam, Faotoey, Sunbury — Continued. Corporation, Debts, &c. of, what property liable for, 969. Directors, chosen, how, &c. 968. eligible for, who-, 968. 969. quorum, 968. Meeting, fir; t, called how, &c. 968. general, called how, &e. 968. special, called how, &c. 970. President, chosen, how, &o. 968. Shareholders, votes by, how, 969. Incorporation, name, powers, and purpose, 967. Fbkby Boat, Nasbwaaksis and Fbbderioton, Act, limitation of, 964. when to cease, 964. Corporation, Capital stock, amoant, 962. shares in, assessment on, 963. Debts, &c. of, what property liable for, 963. Directors, chosen, how, 963. powers of, 963. Meeting, general, called how, 963. Shareholders, liable for assessments, 963, 964. Incorporation, name, powers, and purpose, 962. Febby Boat, Saikt Andbews, Corporation, Capital stock, amount, 961. increased, how, 961. shares in, payable bow, 961. Meetings, called bow, 961 held, when and where, 961. Powers of, as to bye laws, 961. Incorporation, name, powers, and purpose, 961. Natioation, Saint John and Westmorland, Act, when to cease, 966. Corporation, Bye laws, made by, what to regulate, 966. Capital stock, amount, 964, 965. increased, how, 966. shares in, assessments on, 965, 966. Debts, Sfc. of, what property liable for, 966. Meeting, first, called how, 965. Members of, who, votes by, how, 965. Shareholders, liable for assessments, 965. Incorporation, name, powers, and purpose, 964. Xl. INDEX. COMPANIES— CoBimwrf. Telegraph, ■Bbitish North American, Corporation, debts of, what property liable for, 802. tolls, &e. recovery, Sec. of, 801. .Incorporation, name, powers, and purpose, 798. Lines of, established, how, 798. preference in working, who to have, 801. private lands, entered upon for, 799. compensation for, allowed, 799. disagreement as to, proceedings, 799, 800, 801. award, &c. on, effect, 801, 802. streets, <§rc. entered upon 'or, conditions, 798, 799. Works, &c. of, injury to, wilful, crime, punishment, 802, 803. Fredbeicton AMD Saint John, Corporation, Capital stock, amount, 786. increased, how, 785, 797- shares in, number, 786. Debts of, what property liable for, proceedings, 789, 790. Directors, chosen, when, 789. Tolls demandable by, 789. Incorporation, name, powers, and purpose, 785. Lines of, established, how , 786. from Fredericton to Woodstock, 786. preference in working, who to have, 789. private lands, entered upon for, 787 ■ compensation for allowed, 787- disagreement as to, proceedings, 787, 788. award, &c. on, effect, 788, 789. streets, entered upon, conditions, 786, 787. Sections of wha,t Acts applicable to, 796, 797. Stockholders, meeting qf, palled, how, when, ^i^. done at, what, 789. MlBAMJOHI AND BlOHIBUCTO, Corporation, Capital stock, amount, 791 , 804. purpose, 791. Debts of, what property liable for, 795- Directors, chosen, how, 796. number, powers, and residence, 796, 804. Meetings of, called, how and where, 794, 795, 804. President, chosen, how, 795, 804. Incorporation, name, powers, and purpose, 790, 791, 803, 804. Lines of, branch, authority, &c. for, 791, 804. established by, authority, 791, 804. preference in working, to whom, 794. INDEX. xIL COMPANIES— Continued. TbIiEGBAPH, MiRAMiCHi AND RiOHiBnoTO — Contmued. Private pfoperty, authority to enter npon, oonditioii, 792, 793, 794, Public roads, entering upon, authority, &c. restriction, 791, 792^ Tolls, authority to establish, how, 794. Works, injury to, penalty, 796. obstruction to, penalty, 795- New Brunswick Elbotrio, Corporation, Capital stock, amount, 778, 779- assessment on shares, 8C5. refusal to pay, Treasurer's duty, BO'S, action for, authority, 806, evidence in, 806. pleadings in, 806, management.of, how, 8ff5. reduction of, when, 805. subscription book, opened, how, 782, Debts of, what property liable for^ 783. Directors, chosen, how, 782, 783. evidence of, 783. Meetings of, called how, when, &e. 782. President, chosen, how, 792. Incorporation, name, powers, and purpose, 778. Lines of, branches, &c. authority to establish, 779. preference in working, to whom, 784, 785. Private property, authority to enter upon, &c. 780. conditions, 780, 781. Public roads, authority to enter upon, &c. conditions, 779, 780. Tolls, authority to establish, 782. Works of, injury to, wilful, penalty, 784. obstructing, penalty, 783. recovery and application, 783, 784, TiMBEB BeNSino, British American, Act, when to ceaSe, 980. Corporation, Capital stock, amount, &c. 977- shares in, assignable, bow, 978. calls on, made, how, 979. default, sale ofj how, 979. action for, authority, 979. evidence in, 979, 980. pleadings in, 979. Debts of, what property liable for, 979. Directors, chosen, how, Bfc. 978. eligible for, who, 978. omission to choose, remedy, 978, 979. xlii. INDEX. COUP A'SIKS— Continued. Timber Bending, British American — Continued. Corporation, Meetings of, called how, &c. 977, 978, 979, 980. first, bye laws made at, 978. general, what to be done at, 978. President, chosen, how, 978. Shareholders, votes by, number, &c. 978. Incorporation, name, powers, and purpose, 977- Water, Mill Town Aqueduct, I Incorporation, name, powers, and purpose, 664. Petitcodiao, Act, when to cease, 671. Corporation, Capital stock, amount, paid in, when, 665. .increased, how, 665. shares in, assignable, how, &e. 667, 668. Directors, appointment of officers. Sec. by, 666. compensation to, 666. from what fund paid, 666. chosen, when, &c. 665, 666. eligible for, who, 666. number to be chosen, 665, 666. not allowed salary, 666. powers of, 665. quorum, 666. vacancy in, how supplied, 667. Dividends, when to be made, 668. Meetings, annual, called how, 665, 666. first, called how, 665. Members of, number of shares may hold, 667. President, casting vote by, when, 666. chosen, how, S;a. 666. Powers of, as to erecting reservoirs, Sge. 668. when upon private property, compensation, 668. disagreement as to, proceedings, 668, 669. laying down pipes in streets, &c. 669. conditions, 669. failure of, remedy, 669, 670. Vents, &c. for supplying water, to he opened by, how, 670. assessment for, by whom to be made, when, 4^c. 670. collector's duty on, 670, 671. default on payment, remedy, 671. action for, commencement of, when, 671. evidence in, 671. pleadings in, 671. venue in, laid where, 671. Incorporation, name, powers, and purpose, 665. Stockholders, votes by, number, proxy, 666, 667. INDEX. zliii. COUPAHl'ES— Continued. W ATER — Continued. Saint John, Act, powers of, when to be exercised by Mayor, Sse. 651. what, declared to be io force, exception, 652. Bonds of, when and how cancelled, 659, 660. Corporation, Capital stock, amount, 645. increased, division of, 662. shares in, application of, 656, 657. default in paying, proceedings, 656, 662. disposal of, bow, 656, 662. per centage on, 660, 662, 663. sold, when may be, 663. paymsnt of what, deemed good, 653. time for, 645, 652. shares in, assignable how, 648. forfeited, when, 654. sale of, 654. Dealings by, what prohibited, 645. Directors, appointmentof officers, &c. by, 646. compensation to, 646. chosen, when, 645, 646. eligible for, who, 647. not allowed salary, 647. number of, 645. quorum at board of, 546. re-election of, what number, 646. • vacancy in, bow supplied, 648. Dividends made, when, bow, 648. Meeting of, annual, holden, when, 646. Number of shares may be held by, 647. President chosen, 645, 546. Proceedings of, what adjudged legal, 653, 654. Powers of, as to erecting reservoirs, 648. on private property, how, 649. compensation for, 649. dispute, how settled, 649, 650. entering on private property, for what, 657. compensation for, 667. disagreement as to, bow settled, 657, 658. restrictions as to, 657. layiilg down pipes in streets, 650. conditions, failure of, remedy, 650, 651. Tanks, ^'C. to be erected for the use of the poor, 660. Vents, &c. to be made by, when, for what, 651. Incorporation, name, powers, and purpose, 644, 645. 71 xliV. INDEXi r. - , .,.i,-.---i^.w.: ■"— ■■■-:'r?"..-'v ■■■^ .L '.iiiT-.-T-'.' I'-;-— - ■ .-.,.■■-■—- ,.„-.■■■■■-■.■ ., - - .^ ...^..^^ COMPANIES— Continued. Water, Saint John — Continued. Shareholders, meeting called, on increase of stock, 658. election of Directors at, how, 658. continuance in office of, 658, 669. Totes by, number, proxy, 647. Stockbolders, meeting of, first, when, 645. for what purpose, 645, 646. general, called how, 664. what to be done at, 666. COUNTIES, Albert, Great Marsh, public road across, laid out, by whom, 313. gate, erection of, 313. West River, turning of, into Eoshea Bay, Commissioners for, appointment, 314. duty of, 314. Canal, available for what, 314. rules for, who to make, 314. enforcement of, by whom, 314. Superintendents, appointment of, 314. Cablbton, Lock-up House at Creek, Woodstock, imprisonment in, 311. time of, 312. keeper, appointment of, by whom, 3IS, Streets and Highways in Woodstock, Act for, continuation of, 308, 310, 311. provisions of what, repealed, 310. sections of what, operations suspended, 307, 308. sums assessed under, application of, 306. / terms in, construction of, 307. Amount for repairing, &e. determined, how, 299. who liable for, 299. assessments for, upon whom, 299, 330. Collectors, appointment, duty, 302, 303. exempted from, who, 303. fund raised by, name, 300. persons aggrieved by, relief; 302. precept for, collection of, 301. remission of, how, 303. what shall not exempt from, 303. Commissioners of, books vested in, what, 304. contracts, Sfe. by, binding on whom, 304'. displaced, for what may be, 306, 307. duty of, as to streets in winter, 304. lists by, made how, &c. 300, 301. added to, 301. INDEX. Xlv. COUNTIES— Conienaerf. Cakihton, Streets and Highways in Woodstock — Continued. Commissioners of, moneys in band, disposal, 306. notice of assessment to, how, 300. re-appointment of, 306. remuneration to, 308. road lists, &c. when, &c. to file, 306. sale of town plat, by, proceedings, 304. statements, famished to, by whom, 301, 303. duty of, when, 302. Contracts for repairing, &e. how to be made, 307. Penalty for hauling houses, logs, &c. on, 305. placing timber, &c. on, recovery, 305, 306. Road tax, collector of, account of receipts, delivered to whom, 309. verified, how, 309. making default, penalty, 310. false declaration by, perjury, 310. remuneration to, 309. Side walks on, improvement of, by whom, 309. expenses of, how defrayed, 309. regulations, &e. by whom to be made, 305. how enforced, 305. Supervisors of Great Roads, powers not affected, 308. Chablottk, Campo Bello, Roads, &c. Act for, continuation of, 279. Commissioners, appointment and duty, 279. Statute labour on, commutation, 279. assessment, &c. collection, 272. Herring Fisheries in, Seines, SfC. what rivers not to be set across mouth of, 283. distance may be set, 283. penalty for offending, recovery and application, 283. Penalties, and recovery, 284. Wardens, duties and powers of, 284, Wiers, when to have gates, penalty for neglect, 283. Lands in, what, Justices may lease, 269, 270. for what term, 270. proceeds of, application, 270. Lock-np House, Grand'Manan, Assessment for erection of, upon whom, 272. collection of, 273. Contracts, Sfc, for, by whom made, 272. Inprisonment in, of whom, time, 272, 273. River Saint Croix, Navigation of, Act come into operation, when, 282. continuation of, 282. Slabs, &c, thrown into, fines, recovery and application, 282. who liable for, 282. ^Iri. INDEX. COVNTmS— Continued. Charlotte — Continued, Saint Andrews, Poor Hpase in, Commissioners of, accounts of, laid before whom, 271. by whom audited, 271. nature of, 271. appointment, &c. of, 270. duties of, general, 271. oath of, 270. powers of, general, 271. purpose, 270. subject to what penalty, 270. House of Correction in, established, by whom, 217. Labour in, profits, account and application, 272. Poor in, assessment for, collection, 271. Streets and Bridges in, Act for, continuation of, 278. Statute labour on, commutation, 278. assessment, application, &c. 278. Saint Stephen, Lock-up House in, assesupent for, &c. collection, 281. contract, %e. for, by whom, 280, 281. imprisonment in, time, 28,1. Market Wharf in, rules for vessels, Sfc. lading, S^e. at, made, 276. enforcement of, 277- general, 276, 277. wharfinger for, appointment, 277. duties, 277, 278. oath, 277- subject to what penalties, 277. Milltown highway district, Act for continuation of, 285. statute labour in, commutation, 285. assessment for, 285. collection and application, 285. Public Landing, Saltwater, Justices authorized to lease, term, 273, 274. Market House on, erection of, 274. Proceeds of; application, 274. Wharf at, erection of, assessment for, 275. collection of, 275, 276. Statute labour, in what district, commutation, 274, 275, 280. assessment for, and collection, 275. Gloucester, Act to prevent spread of disorder in, and in Northumberland, 330. continuation of, 334. limitation of, 334. prosecutions for any thing done under, pleadings, $c. 333. when tp come into operation, 334. INDEX. xJrii. COUNTIES— Continued. GiouoESTER — Continiied. Board of Health, Appointment of, by vrhom, 330. Authority of, in what Counties, Sfe. 330. oyer persons suspected of disease, 331. to add, &c. to their number, 330. Continuance in office, 334. Obstrncting, in discharge of duty, penalty, 332, 333. application, &c. 332, 333. Power to demand assistance, when, 332. Lazaretto, Bye laws for, established, <^c. by whom, 331. penalties in, extent, 331. application, &c. 331. submitted for whose consent, 331. Erection of, by whom, how, &c. 330, 33.1 . Persons having disease, removal to, how, Sje, 333. Marine Hospital, Bathurst, Erection of, paid from what funds, 335. for what purpose, 335. Kekt, Richibucto, Streets, &c. in, statute labour of, commutation, 316. collection, c^c. of, 316. Kino's, Kingston, Lands in, Act relating to, deemed public, 28S. wh^t rights not affected by, 288. exchange of, by whom, when, for what trust, 286, 287- Sessions empowered to give deeds of, 287. public square reserved in, 288. what deemed nuisances, 288. Northumberland, Chatham, Firemen in, exempt from what service, 329. Lock-up House in, erection of, assessment for, &c. 320, 321. imprisoned in, who may be, &c. 321. keeper of, salary, amount, 4°c. how paid, 321. rules, i^c. for, by whom made, 321. seamen, when may be imprisoned in, 321. for how long, 322. Streets, Sfc, in, Commissioners, acts of, legalized, 328. appointed, for what, 322. duty as to laying out, 324. return by, to whom, 323. nature of, 323. record of, 323. streets laid out by, when valid, 323. landings, bow defined, 324. slips, Sfe, when deemed part of highway, 323, 324. xlviii. INDEX. COVNTIES—Continued. Northumberland — Continued. Newcastle, Alms House, benefit of, hovr adjoiniDg Counties may receive, 319. Commissioners for, accounts of, 318. appointment, 317, 318. assessments, by, 319. duty of, 318. powers of, 3 1 8. erection of, hovr, 317- expense, by wbom and bow paid, 317. extent, 317- profits of work at, application, 319. wbat bouse may be used as, for wbat time, 319. Fairs in. Act relating to, when maybe amended, 325. beld, wben and wbere, 325. keeper, &c. of, appointment, by vrhoin, 325. duties, See. of, 325, 326. fees to, assessment for, bow, 326. regulated, &e. by wbom, 326. Grammar Sobool in, lands vested in Justices for use of, 327. Miramiohi Harbour, Buoys and Beacons in, increased duty for, 328. Quesn's, Canal, Qrimross Neck, Authority to dig, Sje. to whom, and when, 289. Commissioners for, appointment of, 292. powers of, 289, 290, 292. Deemed public property, 291. Free from tolls, 291. Lands taken for, compensation, how, 290. Maliciously injuring, felony, 291. Gagetown, Commissioners of Highways in, provisions of what Act extend to, 291. Saint John, (City) Bail in. Commissioners for taking, appointed by whom, 141. Burial Ground in. Corpses buried in, removal of, when, 120, 121. Erections in, wbat, deemed nuisances, 121. exceptions, 121, 122. Grant of, to Mayor, S/e. void, 121. Not liable to be seized for debts of, 121. Palings, &c. in, wben may be removed, ^e, 121. Paupers, where to be buried, 122. Unlawful to inter, &c. in, when, 120. penalty for, 120. application, 120. proviso as to, 120. INDEXi XMS. COVtiTlE,S— Continued. Saint John, (City) — Continued. Charter of, Amendment of, Acta repealed, 130, 186, I87. reservation clauses, 130. what not to a£fect, 194. Assessments for repairing streets in, accounts how kept, 193, 196. amount, 192, 193, 195, 196. collection, 193. determined by whom, 192. expenditure of, 196. purpose of, 193. what estate liable for, 196. Assessors appointed by, and liability of, 142, 143. regulations lor, made, &c. 143. what records may search, &c. 143, 144. Registrar's pay for, 143. City Court, assessment of damages by, when, 137. attachment in, when not necessary, 137> holden, how often, 137. Collectors of assessments, appointment and liability of, 142, 143. regulations for, made, 143. Coloured Persons to be admitted Free Citizens, 136. Common Council, Accounts of, bow published, and what to contain, 72. Bye laws of, offences against, who to hear, 138. who to detect, 139. fines imposed, recovery, 138, 139. paid to whom, and for what, 139. prima facie evidence of, what, 139. transmitted, to whom, 194, 195. when valid, 195. Chamberlain, displaced by, for what, 71. salary determined by, 72. Commissioners of streets, appointed by, 193. duty of, as to lists, 193, 194. information to, by whom, 194. penalty for refusal, 194. Common Clerk, as Clerk of Peace, what power, 136. duty, as to Rolls, 136. ^ salary, determined by, 117. High Constable, appointed by, when, 136. Mayor, fees to be paid over by, how, 72. salary of, determined by, 72. Members of, may be expelled by, for what, 71. duty of Mayor thereon, 71 . Quorum of, 186. Regulation by, as to elections, 137. qualification of Aldermen, 137. what deemed perjury, 137. 1. INDEX. COUNTIES— Continued. ' < Saint John, (CiT'iy— Continued. Charter of, Electioa of Mayor, Aldermen, ConDcillors, and Constables, Aldermen, elected when, 187. moneys not to he received by, for what, 189. number for each Ward, 187. powers, &o. of, 187. qualification of, 188, 198. sworn in, &c. when to be, 1 92. vacancy in, how supplied, 192. what to disqualify, 189. Constables, elected when, to he, 187. • number for each Ward, 187. powers of, 18?. remunerated, how, 198. to attend at, and duty, 190. vacancy in, how supplied, 192. Councillors, elected when to be, 187. moneys not to be received by, for what, 189.- number for each Ward, 187. powers of, 187. [ vacancy in, how supplied, 192. what to disqualify, 189. f Mayor, continuance in office, 192. I elected, when to be, 187« moneys not to be received by, for what, 189. qualification of, 188, 189. sworn in, when, SfC. to be, 192. vacancy in, how supplied, 192. , voters at, for, duty of Clerk as to lists, 188. object of, 188. qualificalion of, 183. what to disqualify, 189. Ballots counted, how and when, 191. rejected, when, 191. Bye laws to regulate, declared valid, 144. made by whom, 194. Candidates at, names of, posted Up, where to be, 199. Dominated, how to be, 190. Commissioners holding, Sfc. duty as to ballots, 191. as to receivingjvotes, 1 90. on final close of poll, 191. oath of, 190. powers of, at, 193. Conducted how, 189. Electors at, when to vote, 189. False swearing at, perjury, 192. Persons chosen at, refusing to serve, penalty, 192. INDEX. li. COUNTIES— Continued. Saint John (City) — Continued. Charter of. Election of Mayor, Aldermen, Councillors, and Constables, Poll, when to be opened and closed, 191. Poll Books, names of voters to be entered in, 191. Poll Clerks, appointed, by whom, 190. duty of, when voter sworn, 1 92. Time of holding, notice of, how given, 190. Voter at, how to deliver bis ballot, 190. oath of, when, 198. statement at, voting by, what to make, 198. ' what to shew Commissioner before voting, 199. penalty for refusing, 190. Votes at, how to be given, 190. if equal in number, effect, 191. Voting at, when not entitled, ^ro. penalty, 191, 192. Licences to Aliens, granted by whom, for what, 70, 71. amount to be paid for, 71. sabjeet to rates, 71. British subjects, granted, 70. amount to be paid for, 70- * subject to rates, 70. Police Force, appointment, 131. disfranchised, how, forfeiture, 135. number, 131. powers of, general and special, 131. wages, paid by whom and how, 136. Office, Clerk of, appointment, 131. disfranchised, how, forfeitare, 135. salary of, determined by whom, 131, 136. Erected, when to be, 114. Ezpeiases, from what fund paid, 133. provided for, how, 133. refusal by Council to assess, remedy, 133, 134. Fees, who restricted from taking, exception, 135. punishment, 136. Magistrate, appointment, 130. disfranchised, how, forfeiture, 135. fines, received by, how paid, 177> 178. ex-officio powers of, 130. holidays, entitled to, what, 133. oaths of, 130, 131. power of, sitting alone, 141, 142. over what offences, 138. evidence, proceedings, 138, 139. salary, determined by whom, 131, 136. sums received by, to whom paid, 134. 72 lii. INDEX. Counties— Con 8, 37. liabilities of, oath of, 8. powers of, &c. 8, 37. neglect of duty by, fine, punishment, 8, 37, 38. 146. Establishment of, by whom, and how, 145. Fire-buckets, &c. hoi^ regulated, 149. Fire-places, Sfo. removal, &c. how a'ccomplisbed, 148. Firemen in, privileges of, 145, 146. Fire-Poliee, additional powers of, 179. duty of, at fires, 147. obstrueting, &c. penalty and recovery, 179, 180. Crraving ships, &c. how regulated, 148. Goods, &R. stolen at, when prima facie evidence of larceny, 147, 148. Government of, bye laws, made by whom, 146, 147. Inhabitants of City, attendance at, compelled how, 148. Livery stables, 4'C. lights in, how regulated, 149. Officers of, entering dwelling houses, purpose, 149. Peace officers, duty of, when alarm of fire, 148. Penalties, 149. Privileges of members of, 197. Property of, malicious injury to, felony, 180. Pulling down, &c. buildings, authorized, by whom, 148. Smoke houses, &c. construction of, how directed, 148. Sweeping chimneys, how regulated, 148. Fire District, extent, 45, 125, 126. Buildings in, constructed, how to be, 45, 46. exceptions, 46. deemed common nuisances, what, 48, 126. height of, and of posts, 46. materials for, description, 45. * partition wall, thickness of, 46. party wall, expense of, recovery, 47. on what ground to be built, 47. on what first builder may enter, 47- upon what, roof may be flat, 46. in what proportions, 46, 47, i 26. what, not to be raised, &c. 47, 126. penalty for violation, 47, 48, 126. application, See. 47, 126. Streets in, what deemed to be meant by, 48, 126. Fish Market, House for, built, by whom may be, 62. regulations for, by whom to be made, 62, 63. restrictions as to filling up slip, 175, 176. Ivi. INDEX. COVNTIES— Continued. Saint John, (City) — Continued. Harbour of, Slip at Reed's Point, erection of, 164, 203. Britaiik Street, extended, where may be, 167, 303. remuaeration to owners, 168. amount assessed, bow paid, 168, 169. disagreement as to, remedy, 168. Bye laws to prevent throwing rubbish, &c. in, who to make, 9, 10. Money may be borrowed, by whom, (or what, 165. amount, 165, 166, 203. debentures for, 166, 2C'4. assessments for, and disposal, 205, 206. called in, how to be, 167, 205. interest on, deficiency, how met, 169. negotiable, how, 166, 204. when {)aid, application of rents, 16?. Moneys loaned, by whom, and how disposed of, 167. 203. Wharves, ^c, rents, 4"e. of, accounts of, how to be kept, 166, 167. application, 167. paid, tn whom, 166. - What lands, &c. to be exempt from taxes, 167. vested in Corporation, 164, 165. Infectious Distempers, Vessels, &c. cleansed, how, 32. colours of, hoisted, by whom, when and where, 26,27* bow long to be kept, 27. '^ penalty for disobedience, 27- constables appointed, for what, and powers of, 33. intercourse between persons on shore and on board of, prevented, how long, exception, 25, 26. Master, &c. of, apprehended, may be, ^hen, 34. landing persons, disease on board, penalty, 27. liable for bringing within inner line,.26. permitted by whom, 26. penalty for departing from place ap- pointed, 33, 34. having interconrse with shore, S/e. 33. penalties and inflictions^ applicable to what, 36, 37. recovered, how, 34, 35. persons boarding, having signal, penalty, 30, 31. how may be disposed of, 31. liable for disobedience, what, penalty, 36, on board, landed at Partridge Isl'd, when, 39. how long to remain at, 32. departing from place conveyed to, penalty, 32. pestilential disease, &c. breaking out, removal, 34. INDEX. IvilV eOVNTlES—Cottiinued. Saint John, (City) — Continued. lufectioas Distempers, Vessels, &c. Physicians, appointed by whom, and when, 25, 29. duty of, 25, 29, 30. neglect of, 30. fees of, and recovery, 30. person refusing to give true statement to, penalty, SO; powers (rf, 25, 29; 30. Pilots, branch, instructions to be furnished to, 27. nature of, 27, 28. read by, to whom, 28. penalty for neglect, 28, 29, if a Pilot, 29. put on shore in violation of, remedy, 29. proceeding np harbotir, how farj 24, 25. prohibited, when, 24. quarantine by, performance of, when, 25. discharge from, how, 25. liberated from, how, 32. King's Ward, division of into two Wards, boundaries, 185, 195. election of Aldermen, &c. when, 185. qualification, &c. 185. term of oiBce, by officers of Wellington Ward, 185, 186. Lamplighters in, employed by whom, 106. payment of, how, 106. assessment for, 106, Larceny, property stolen, value forty shillings, tried by whom, 142. punishment, 142. Master of the Steam Ferry Boats, powers of, as policeman, 141. Nightly Watch, and Day Police, Act, continuation of, 116. repeal of what, 1 1 6. terms in, construction of, 107. Actions against, S^e. commencement of, when, 116. defendant in, when to rt-cover costs, 116. notice of, 1 16. plaintiflf in, entitled to costs, when, 116. pleadings, 1 1 6. tender of amends, effect of, 116. venue in, where to be laid, 115, 116. Assessment far, bow and when madf, 106, 107, 108, I77. Acts to be done under, omission, remedy, 179. Clerk's duty as to, IO7, 108. Collectors of, appointed by whom. 111. to pay over to whom, 1 13. lyiii. INDEX. COUNTIES— Continued. Saint John, (Citt) — Continued. Nightly Watch and Day Police, Assessment for, deficiency in, how supplied, 113. power of, 108. legal, exceeding amount ordered, 179. non-payment of, proceedings, 112, 113. fees to Justice, 113. noil-residents, Collector's duty as to, 110. proceedings, 110, 111. powers of, 110. overplus, hcfw disposed of, 1 13. persons aggrieved by, proceedings, 1 13. prtcept for, 108, 109. what sum to include, 178. property of, Corporation exempt, 113. what Companies liable for, 111, 161. owner of, who deemed. 111. place of inhabitancy. 111. tax on, how to be made. 111. Assessors, appointment of, 114. duty of, as to warrant, 109. as to notice, 110. fees, for services, how ordered, 17°. refusing to serve, penalty, 114. statement to, nature and effect, 109. Powers of, to take into custody without warrant, who, 115. for what purpose, 115. Regulations, <§-c. relating to, made by, whom to be, 106. Sections of what Act, incorporated with what Act, 11?. Superintendent, &c. of, wages of, by whom fixed, 178. Nuisances in, Act, when to rome into operation, 75. Bye laws, for suppression of, by whom to be made, 75. for what purpose, 75'- Cattle going at large, owner of not known, proceedings, 40, 41. penalty, recovery, and application 40. Coasting down hills in, and in Portland, prohibited, 35. forfeiture for, 35, 36. Dwelling houses, leased, not sufficient privy, penalty, 74. application, 74. Inspection of, by whom and how, 74. duty of person perfortoing, 74, 75. owner of deemed guilty of misdemeanor, when, 75. Selling unwholesome meats, &c. forfeiture, 36. Pilots, Act, limitation of, 60, 119. Regulations for, 60. INDEX. lir. COU NTIES— Continued. Saint John, (City) — Continued. Scavengers for east side of, appointment, and duties of, 106. regulations for, 106. wages of, assessment for, 106. Streets in, Allowances for enlarging, %c. 54. Assessments, collection of, 54. on whom, 54. paid by whom, 54. reimbursements in lieu of what, 54, 55. levied how, 55. parties paying wrongfully, 56. recovered how, 55. whom not to affect, 55, 56. Commissioners for, appointment of, 48, 49. duties of, as to estimate, 49. survey, 49. number to perform duties, 56. remuneration to, amount, 56, 57. included in what, 57. paid by whom, 57. report of, final, when, 50, 51. what erections may consider, 56. Compensation for, not allowed for what, 51. Estimate, copy of, deposit when and where, 51. notice of, how given, 51, 52. objections to, made how, 52. payment of, by whom and when, 52. default, recovery, 52, 53. to wrong psrson, remedy, 53. when in Court of Chancery, 53. reconsideration of, when, 52. Mayor to recover possession of, 51. taken how and when, 5.J$ From Market Slip to C. J. Peters' wharf, height of housei; to be built on, 15. laid out by whom, ] 5. rights of Crown reserved, 15. width of, 15. Houses, what not to be built on, 8. what not to be affected, 9. what deemed common nuisance, 9. Portico to Court House, allowed, 13. Statute laboar on, accounts of, kept how and lodged where, 22. assessments of, made, Sfo, by whom, 19. persons aggrieved, remedy, 19, 20. defaulters, proceedings against, 21, 22. moneys for, expenditure, 22. paid when, amount, 20. 73 \x-. index; COUNTIES— Cb«rt«werf. i Saikt John, (City) — Continued. Streets in, Statute labour on, neglecting to do, what to pay, 23. number of days, 18, 19. performed by vrhom, 18, 19^ relief from, extent, 19. refoBiug to pay, recovery, 8ec. 23. to work, liabaity, 23. gtatemfent, by persons, hovr, 22. eonteuts, 22. refusal, fine, recovery, &c. 22, 23.^ Steps, ^i allowed on, bow, 12. bye laws, relating to, by whom made, 12, 13. restrictions' as to, 13. What', Commissioners empowered to lay out, 15. > Survey©**- of Highways; appointed by whom, and when, 20. warrant of, delivered by and to whom, 21 .^ duties of, 20. duty of, as to lists of defaulters, 21. parties liable to labor, 21 , neglecting to do duty, fine, 21. . ' ; - : : ,»• > take office, fine, 2 1 . ',■' i'.f '.'•;.' a ■>' recovery, &c. 21.- 1 • .li jj*« » ' to obey orders of Mayor, ^-c. as to labor, 22> to render accounts to Chamberlain, 22. ^:> vacancy in, how supplied, 20, 21. '-' Squares in, Act, continuation of, 44. J*' '■. bye law«i made, (or what, 13. ,i;* ,! ■ ■' published, how to be, 14. valid, when, 14. distance from buildings, 13. enclosed, by whom may be, 13. laid ont, with paths and trees, 13, Wards in, alteraitton in divisions of, 4. not to afi^ct Charter, 5. subject to what regulations, 5>. Wharves in, built of what, and how, 61. IS / extended on east side, how far, 60, 61. plan of, filed where, 61. signed by whoili, 61, kept for what use, 61. lumber^ &c. how long to remaiu on, 61. spaces, erections not allowed on, 61. leased for what times, 62. Street in continuation of Saint John Street laid ont, how, Sfe. 61, 62. Witnesses, in cases of Corporation, who competent, 15. INDEX. Ixi. COViJTlES— Continued. Saint John, (County) Alms House and Work Hoaae, Amonni reijnired for erection of, borrowed, how, 63. extent, 63. assessment for, annnal, 66. collection and application, 65. Treasurer's pay, 65. loan, amount of each, lowest, 63. certificates, &c. ior, 63, 64. memorandum of, 64. negotiable, how, 64. numbered, how, 64. signed, by whom, 64. interest on, when paid, 64. <7ommis8ioners of, accounts of, laid before whom, 43. appointment of, by whom, 42. 'Compensation to, not allowed, 158. contracts by, what not allowed, 158. duties of, 42, 43. n^nmber, 42. powers, 43. subject to whose controul, 157, l-^8. Estimates for support of, before whom to be laid, 43, 44. levied and collected, how, 44. Inmates of old Alms House, to be removed to, when, 44. Inspection of, by whom, purpose, 158. Land for erection of, amount of purchase money, fixed by whom, 42. on whom assessed, 42. collection of, 42. purchased, by whom to be, 42. Part of Section sixth of what Act repealed, 81. Commissioners of Highways, Lancaster, controul over South Bay Canal, by, 159. Constables, Special, appointment of, by whom, 118. payment of, from what fund, 118, 119. assessment for, 118, 119. CoBTt Hemie, completion of, amount for assessment, payment of, 11. collection and application of, 11. extent yearly, 11. made, by whom, 11. Treasurer's pay, 12. borrowed, by whom, 10. certificate, &c. for, 10, 11. negotiable, how, 11. numbered, how, 11. signed, how, 11. extent of, 10. kii. INDEX; - ' '"-■- " ■- - ■-- y COVNTIES— Continued. Saint John (County) — Continued. De^d House, erection of, 202. contract for, by vrhom made, 202. on what ground, 202. paid for, how to he, 202. Ferry at Indian Town, penalties for obstructing, 16. recovery, 16. regulations for, made by whom, 16. Fires, extinguishing of, in Portland, Buildings, pulling down, &c. who may order, 171. Engineers, appointed, by whom, 170. nnmber to each Engine, 170. , privileges of, 170, 176, 177- Fire Police, continuance in office, 171. duty and powers of, 170, 171> nomination of, 170. submitted, to whom, 170. Hook and Ladder men, appointment, 170. privileges, 170, 176, 177- « Larceny at, what prima facie evidence of, 171. Gaol, Common, Erection of, contracts for, by whom entered into, 57- expense of, extent, 57. money borrowed for, by whom, 57. amount and extent, 57- assessment for, annual, 59. application of, 59. collection of, 59. extent of, 59. made, how to be, 58, 59. Treasnrir's pay, 59. loans for, lowest amount of each, 57. certificates, &c. for, 57, £8. memorandum of, 58. negotiable, how, 58. numbered, how, 58. signed, &c. by whom, 51 interest on, how paid, 58. Gaoler of, appointment of, in whom vested, 163. Water Closets in, contract for making, by whom, 122. payment for, how, 122, 123. assessment for, 123, 124. application, 124, 125. Treasurer's pay, 125. Harbour, &c. of, securing navigation of. Mills built near to, penalty for saw dust falling from, 76, 128. application and recovery, 76, 129. exempt from, who, 77- what, exempt from, 162. INDEX. Iziiii COUNTIES— Continued. Saint John (County) — Continued. Highways ia PortlancI, Commissioners of, appointment, 199. duty as to lists of persons tolabonr, 199, 200. Collector's duly on receiving, 200. defaulters on, proceedings, 200. powers of; 199. recording Streets by, how, 200. remuneration to, 199, PrOTisions of what Act applicable to, 300. Nuisances, Act 7 William 4, Chapter 21, Section 2, provisions of, extended to what part of Portland, 41. Officers of, accounts of, how and when to render, 80. bonds by, conviction of, 80. in whose name sued, 80. taken, 80. disobeying orders of Justices, punishment, 80. sureties, not relieved by, 80,81. moneys, &c. received by, when to pay over, 81. Prisoners arrested in Saint Martins, conveyed to, how, 5, 6. Police Force, Portland, Act, continuation of, 104, 159. offenders punishable under, may be indicted, when, 89. exception, 89. Amends, awarded by whom and when, 92. paid by whom to be, 92. Actions, &c. against, commenced when to be, 96, notice of, to be given, when, 95, 96. for debts, &c. due to, in whose name to be brought, 103. what not to abate, 103. suggestion on Record, J 03. Appointment of, by whom, 83. Assessments for, appeal from, by whom, 103. proceedings on, 103, 104. Collectors of Rates, Sec. of, appointed by whom, 100. bonds by, 100, 101. Commissioners of, appointed by whom, 102, assessments ordered by, 98, 99. collection of, 99, 128. Collectors of, appointment, 99. Assessors appointed by, 98. sworn before whom, 98. dutyof, general, 101, 102. estimate of expenses, made by whom, 98. amount of, assessed, 98. copy filed, where, 98. extent, yearly, 98, what to include, 98. Ixm INDEX. COUNTIES— Contimied. Saint John, (County) — Continued. Police Force, Portland, CommissioneTB of, moneys, by yrhom to be paid, 96, received, 98% oath of, administered by whom, 101. statement by, of receipts, Sfc. when, 102. transmitted to whom, 102. verified how, 102. -> style, 101. Constables of, arrests by, without warrant, for what, 84, 85, 88. -' dismissed from office, powers of, to cease, 84. exempt from what, 94. Costs awarded by whom, 91. established by whom, 91. District of, what to ooimprise, 160. Fees of, 104, 105. '- Forms of Information and Conviction, 94, 104. Imprisonment by, general, when none specially provided, 89. Infants usder 14 years of age, fines against, exempted from, by whom, 96. received from, whom, 96. summons, service of, 96. privileges, S[e. nnder, 96. Lock-up House, erection of, when, SfD. 97. assessment for, by whom, &c. 97. amount of, 97. escape from, who not liable for, 97, 98. exception, 98. established, by whom to be, 97. Keeper of, appointment, 103. v-tiles, SfC. for, by whom made, 103. , copies of, posted up, where, 103. Sheriff, Sfo. may commit to, 97. under yAoee controul, &c. 97. Magistrate, appointed by whom, 82. attendance by, at office, time, 89. books kept by, for what purpose, 89, 90. submitted to whom, &c. 90. charges preferred before, examination of, how, 92. information of how taken, 92 limitation as to time, 92. note of, bow to be made, 92. conviction by, when, 89. decisions by, appeal from, allowed when, 94. conditions upon, 94. decision of Judge, final, 95. duty of Magistrate on, 94-5. INDEX. IxT. COUNTIES— Conimwerf. Saint John, (County} — Continued. Police Force, Portland, Magistrate, distress under warrant of, vihen not nblavrful, 95. amends tendered, effect of, 95. payment into court, when, 95. special damage under, when allowed, 95. exempt, from what, 94. ex-officio, powers of, 82. fines for Statute Labour, eoUected by, 100. application, 100. paid, to whom to be, 100. imprisonment by, extent, 89. jurisdiction, &c. of, general, 102. may dismiss men, wnen abd for what, 84. moneys received by, to whom paid, 93, 94. oath of, taken, before whom, and when, 82, 83. offences against Licence Law, prosecuted by, 12S. proceedings by, what not to quash, 94. certiorari for, not allowed, 94. regulations, &g, made by, what, 83, 84. Subject to whose approval, 83. salary, annual, how paid, 83. Sitting. See Sitting Magistrate. Summons issued by, in what cases, 90.' how served, 90. taxes to be collected by, 100. warrant issued by, in what cases, 90. service of, and by whom, 90. when instead of Summons, 91. Witnesses, subpoenaed by, how, 91. neglecting to attend, warrant may issue, 91. refusing to give evidence, penalty, 91. swearteg falsely. Sec. punishment, 91. Neglect, ^e. of duty by, penalty and recovery, 85. Number of, 83. Office may be held by, by gift, SfC. 478. meeting of, annual, held where, purpose, 477, 478. first, called by whom, 477- President of, chosen by whom, and when, 477. Incorporation, name, powers, and purpose, 476, 477. Sons of Temperance, Act, continuation of, 474. Grand Division, Bye laws may be made by, purpose oT, 471. Funds of, management of, by whom, 471. Incorporation, name, powers, and purpose, 470, 471. INDEX. IzZZi. SOCIETIES— Coniinued. Sons of Tempebanoe — Continued, Grand Division, Officers appointed by, for what, 471. duties of, prescribed by whom, 471. security for, may be required by, when, 471. Property acquired by, what not to exceed, 471. of Subordinate Divisions, when vested in, 473. application ef, 473. sold, &c. by, what may be, 471. Real estate held by, what not to exceed, 471. Subordinate Divisions of, incorporation of, Debts due by, what property liable for, 473. Dissolution of, property how disposed of, 473. vested in Grand Division, when, 473. Effected how, proceedings, 471, 472. Funds of, invested by, when and how, 472. in whose name, 472. lands, <§:c. acquired by, may be sold, 472. deeds, (§-o. for, how made, 472. not assignable by members of, 473. liable to be taken in execution, 473. subject for private debts of members, 473. Treasurer of, bond to be given by, condition, 473. Farmers' Library, Incorporation, name, powers, and purpose, 521. TURNER'S Grist Mill, Saint Patrick, Troughs for, erected across highways, 554. purpose of, 554. removal of, ordered, by whom and when, 554. for what purpose, 554. when deemed a common nuisance, 554.