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Archives provinciales du Nouveau-Brunswick

Fort Havoc (Wallace Hale)

Info Le langage employé dans les textes est celui utilisé par Wallace Hale. Les documents dont les Archives provinciales font l’acquisition ne sont pas traduits de la langue dans laquelle ils ont été produits.

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CAP. LI.

An ACT to prevent Frauds in the Sale of Damaged Goods, imported into this Province.

Preamble.

 
WHEREAS Goods imported here, and insured in Great Britain and elsewhere, are sometimes sold in this City, or other Port within this Province, for the account of the Insurers; wherefore to prevent Frauds in such sales,

Damaged Goods sold on account of Insurers, to be surveyed by the Master or Warden of the Port.

 

Sale to be Public and in presence of the Warden between the hours of 11 and 3, after advertising, &c.

 

The original Invoice of the goods to be produced at the sale.

 
I.   Be it enacted by the Governor, Council, and Assembly, That all damaged Goods, hereafter to be sold for account of the Insurers, shall be surveyed by the Master, or one or more of the Wardens of the Port of Saint John, for the time being, or other Port within this Province, at or upon the first unlading thereof, or as soon thereafter, as the same are discovered to be damaged; which said Masters and Wardens are to determine, if the same has been properly stowed; which sale shall be made in his or their presence, at Public Vendue, in the most public and convenient place within the said City, between the hours of Eleven in the morning, and Three in the afternoon, first advertising the sale thereof, at least twenty four hours; which said Goods shall be only such as are really damaged, in the judgment of such Master or Wardens; and the sale thereof shall be in such separate pieces, or small parcels, at a time, as such Master or Warden shall think most for the interest of the Insurers; and the persons, that shall order such damaged Goods to be sold, shall at the time of the sale, produce to the bystanders the original Invoice, of the sterling cost, of such damaged Goods, as he shall direct to be sold, for account of the Insurers; unless such person do make Oath, that no such Invoice is come to his hand.

Vendue Master and Port Warden to subscribe survey, &c. and give a Certificate.

 
II.   Be it enacted, That of all sales of damaged Goods, for the account of the Insurers, the Vendue Master or person acting as such, and Master, or one or more of the Wardens, shall subscribe an account of every survey, and the proceedings thereon, and the said Master or Wardens shall give a Certificate, to the end that the true damage may thereby appear.

Fees of Master and Wardens.

 

Penalty for offending against this Act.

 

Penalty for sales in other manner than herein provided.

 

Recovery and application of penalties.

 
III.   And be it also enacted, That the Master and Warden or Wardens, shall each receive Seven Shillings and Sixpence a day, for attending the services above mentioned, to be paid by the persons, at whose request the sale is made, and for every Certificate Five Shillings.   And that the Vendue Master, or person acting as Vendue Master, and the Master and Wardens, or either of them, so offending against this Act, shall for every offence, forfeit the sum of Twenty Pounds; and that no person shall make any sale of Goods, for account of such Insurers, except in the manner above directed, nor make any demand for a loss, without transmitting, or producing the account of sales, and Certificate, above required, or a true copy thereof, under the forfeiture, of double the value, of the amount of such sales; all and every of which said penalties, and forfeitures, may be recovered in any Court of Record in this Province, by bill, plaint, or information, wherein no more than one imparlance, shall be allowed, one moiety whereof, shall be to any person suing for the same, and the other moiety, to be paid to the Treasurer of this Province, to be applied towards the support of Government, in the manner hereafter to be directed.

Duration of Act.

 
IV.   And be it enacted, That this Act shall continue, and be in force, until the first day of March, One thousand Seven hundred and Eighty-nine.

 
 
[Continued by 28 G. 3, C. 8, and made perpetual by 47 G. 3, C. 15.]

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C. 51. Anno XXVI. Geo. III.   A. D. 1786.


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