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Fort Havoc (Wallace Hale)

The language of the text is the original used by Wallace Hale. Records acquired by the Provincial Archives are not translated from the language in which they originate.

CAP. XVIII.

An ACT, in 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."

Passed the 7th of March, 1812.

1st, 2d, 3d and 5th Sections of 45 G. 3, C. 8, repealed.

I. BE it enacted by the President, Council, and Assembly, That the first, second, third, and fifth Sections 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intituled "An Act, to regulate the Winter Roads in the Counties of York and Sunbury," be, and the same are hereby repealed.

Commissioners to order Surveyors to summon the inhabitants to mark the roads with one row of evergreen bushes.

II. And be it further enacted, That from and after the passing of this Act, the Commissioners of Highways, or either of them, for the time being, in the Parishes of Fredericton, Kingsclear, and Saint Mary's, in the County of York, and the Commissioners of Highways, or either of them, for the time being, in the several towns and parishes in the County of Sunbury, where the major part of such Commissioners shall think it necessary, shall yearly and every year, order the Surveyors of Highways in their several districts, so soon as the ice shall be sufficiently strong to bear a team or teams; and immediately after the first fall of snow, to summon the inhabitants of the said parishes to labour on the said Winter Roads by marking 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 that the said Roads shall be marked on the river Saint John, excepting from the usual landing place below the town of Fredericton to the usual landing place above the said town, where the Road shall be marked upon the land through the front street of the town Plat.

Roads to be laid out on each side of the bushes.
Travellers to leave the bushes on the left hand, under the panalty of 10s.
To be recovered before a Justice, and levied by warrant of distress.
Application.
For want of effects offender to be imprisoned.

III. And be it further enacted, That the said Commissioners, or either of them, are hereby required to lay out the said Winter Roads, on each side of, and within six feet from the said one row of bushes erected as aforesaid, and all persons traveling 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 offence 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 such effects whereon to levy, the offender or offenders shall be imprisoned for a time not exceeding four days.

Recited Act confirmed.

IV. And be it further enacted, That the said herein before recited Act, and every clause, matter and thing, therein contained, except wherein the same is hereby altered and repealed, shall be, and continue in full force; any thing herein contained to the contrary in any wise notwithstanding.

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C. 18. Anno LII. Geo. III. A. D. 1812.

Index

1st, 2d, 3d and 5th Sections of 45 G. 3, C. 8, repealed.		I. BE it enacted by the President, Council, and Assembly, That the first, second, third, and fifth Sections 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," be, and the same are hereby repealed.
Commissioners to order Surveyors to summon the inhabitants to mark the roads with one row of evergreen bushes.		II. And be it further enacted, That from and after the passing of this Act, the Commissioners of Highways, or either of them, for the time being, in the Parishes of Fredericton, Kingsclear, and Saint Mary's, in the County of York, and the Commissioners of Highways, or either of them, for the time being, in the several towns and parishes in the County of Sunbury, where the major part of such Commissioners shall think it necessary, shall yearly and every year, order the Surveyors of Highways in their several districts, so soon as the ice shall be sufficiently strong to bear a team or teams; and immediately after the first fall of snow, to summon the inhabitants of the said parishes to labour on the said Winter Roads by marking 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 that the said Roads shall be marked on the river Saint John, excepting from the usual landing place below the town of Fredericton to the usual landing place above the said town, where the Road shall be marked upon the land through the front street of the town Plat.
Roads to be laid out on each side of the bushes. Travellers to leave the bushes on the left hand, under the panalty of 10s. To be recovered before a Justice, and levied by warrant of distress. Application. For want of effects offender to be imprisoned.		III. And be it further enacted, That the said Commissioners, or either of them, are hereby required to lay out the said Winter Roads, on each side of, and within six feet from the said one row of bushes erected as aforesaid, and all persons traveling 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 offence 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 such effects whereon to levy, the offender or offenders shall be imprisoned for a time not exceeding four days.
Recited Act confirmed.		IV. And be it further enacted, That the said herein before recited Act, and every clause, matter and thing, therein contained, except wherein the same is hereby altered and repealed, shall be, and continue in full force; any thing herein contained to the contrary in any wise notwithstanding.