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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. XIX.

An ACT for erecting a separate Parish in the City of Saint John.

Passed 11th March, 1824.

Preamble.
29 G. 3, C. 1.

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 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;

Parish of Carleton established for all ecclesiastical purposes.

I. Now therefore be it enacted by the President, Council, and Assembly, That 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 hundred and twenty-five, a separate and distinct Parish within the said City of Saint John, for all matters and purposes Ecclesiastical or relating to the Established Church of England, by the name of the Parish of Carleton, in the City of Saint John.

Inhabitants of Carleton may choose Church Wardens and Vestrymen.

Rector, Wardens and Vestry of Saint George's Church, in Carleton, incorporated.

II. And be it further enacted, That the Inhabitants of the said Parish of Carleton, who shall be duly qualified according to the Act of Assembly for that purpose made and provided, shall, on the Easter Monday which shall first happen in the said year of our Lord one thousand eight hundred and twenty-five, and for 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 next 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 offices, and shall 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 subject in all respects to the directions and provisions contained in the said recited Act, and the Act made in explanation and amendment thereof, in the fifty-sixth year of the Reign of His said late Majesty.

Corporation of Trinity Church, Saint John, may convey to Corporation of Saint George's Church, Carleton, their title to Lands, and the Chapel and Pews therein,

III. And be it further enacted, That the Rector, Church Wardens and Vestry, of Trinity Church, in the Parish of Saint John, shall and may, and are hereby authorised and required, to grant, convey, and release, unto the Rector, Church Wardens and Vestry, of Saint George's Church, in the Parish of Carleton, in the City of Saint John, when duly appointed, 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 Saint 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 Carleton, their Successors and Assigns for ever.

Saving the rights of the Mayor, Aldermen, and Commonalty of the City of Saint John.

IV. And be it further enacted, That 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.

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C. 19. Anno V. Geo. IV. A. D. 1824.

Index

Preamble. 29 G. 3, C. 1.		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 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;
Parish of Carleton established for all ecclesiastical purposes.		I. Now therefore be it enacted by the President, Council, and Assembly, That 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 hundred and twenty-five, a separate and distinct Parish within the said City of Saint John, for all matters and purposes Ecclesiastical or relating to the Established Church of England, by the name of the Parish of Carleton, in the City of Saint John.
Inhabitants of Carleton may choose Church Wardens and Vestrymen. Rector, Wardens and Vestry of Saint George's Church, in Carleton, incorporated.		II. And be it further enacted, That the Inhabitants of the said Parish of Carleton, who shall be duly qualified according to the Act of Assembly for that purpose made and provided, shall, on the Easter Monday which shall first happen in the said year of our Lord one thousand eight hundred and twenty-five, and for 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 next 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 offices, and shall 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 subject in all respects to the directions and provisions contained in the said recited Act, and the Act made in explanation and amendment thereof, in the fifty-sixth year of the Reign of His said late Majesty.
Corporation of Trinity Church, Saint John, may convey to Corporation of Saint George's Church, Carleton, their title to Lands, and the Chapel and Pews therein,		III. And be it further enacted, That the Rector, Church Wardens and Vestry, of Trinity Church, in the Parish of Saint John, shall and may, and are hereby authorised and required, to grant, convey, and release, unto the Rector, Church Wardens and Vestry, of Saint George's Church, in the Parish of Carleton, in the City of Saint John, when duly appointed, 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 Saint 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 Carleton, their Successors and Assigns for ever.
Saving the rights of the Mayor, Aldermen, and Commonalty of the City of Saint John.		IV. And be it further enacted, That 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.