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Provincial Archives of New Brunswick

Fort Havoc (Wallace Hale)

Info 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.

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CAP. XXVIII.

An ACT to secure and reclaim a tract of marsh on the Aulac River in the County of Westmorland.

Passed 10th February,1829.

Preamble.

 

 
WHEREAS several of the Inhabitants and Proprietors of marsh land in the Parishes of Westmorland and Sackville in the County of Westmorland, are desirous of erecting an Aboideau over and across a navigable part of the River Aulac in the said County:   And whereas it is considered that the erection will be of great public utility;

Permission granted to erect an Aboideau over the River Aulac.

 

If it obstructs a canal line a passage may be cut through it.

 

 
I.   Be it therefore enacted by the Lieutenant Governor, Council, and Assembly, That it shall and may be lawful for the said Inhabitants or Proprietors, or any of them, to erect, maintain and keep up an Aboideau over and across the said River Aulac where the same may be found convenient:   Provided nevertheless, that in case a Canal may at any time hereafter be cut from the said Aulac river to the Bay Verte under the sanction of the Legislature of this Province, and the said Aboideau shall be found to obstruct or injure the line of such Canal, it shall be lawful for the person or persons having the superintendence and direction thereof, (after giving twelve months notice thereof) to cut such a passage through such Aboideau as the occasion may require, any thing herein contained to the contrary notwithstanding.

Persons aggrieved to seek redress as directed in 34 G. 3, C. 8, S. 3.

 
II.   And be it further enacted, That any person aggrieved by any procedure to be had or made under the power given by this Act, may have the same remedy or redress as is provided in and by the third section of an Act passed in the thirty fourth year of the reign of His late Majesty King George the Third, intituled "An Act in addition to an Act, intituled 'An Act for appointing Commissioners of Sewers.'"

 

 
Aboideau may be used and established as part of the public road.

 
III.   And whereas the great road of communication between Sackville and Westmorland leading across the great marsh so called, might be greatly shortened by means of the said Aboideau, and the same thereby become of great public utility;  Be it therefore enacted, That whenever it shall be thought expedient to alter and shorten the present route of the great road betwen Sackville and Westmorland aforesaid by passing on and over the said Aboideau, that then and in such case the Supervisor, or such person or persons who shall have the superintendence of the said road, shall have full power and authority to use and establish the said Aboideau for the public benefit and as a part of the public road.

________________

C. 28. Anno IX. & X. Geo. IV.   A. D. 1829.


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