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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. II.

An ACT to authorize the respective Proprietors of certain Islands, in the River Saint John, and other Rivers in this Province, to make Rules and Regulations, for their better improvement and cultivation.

Preamble.

 
WHEREAS there are many Islands, lying in the River Saint John, and other Rivers in this Province, owned in small rights or shares, and on which, division Fences are liable to be carried away by the current, and pressure of the water, passing in times of freshes over the same.

Proprietors of Islands on the first day of winter Sessions in the County to meet and make rules for the husbandry &c. of the said Islands.

 

Proprietors disobeying rules subject to action of trespass, and to be fined 40s. to the use of the Poor.

 

Recovery.

 
I.   Be it enacted by the Lieutenant Governor, Council, and Assembly, That the respective Proprietors of the said Islands may and are hereby authorized to meet once a year, on the first day of the winter Sessions, in the respective Counties in which such Islands are included; and such and so many of the respective Proprietors of the said Islands as shall be present, shall have power by a major vote to make and pass orders, rules, and regulations, for the managing, improving, and better husbandry of the said Islands; the voices of the respective Proprietors present to be collected according to their respective rights or shares under actual cultivation and improvement.   And if any of the said Proprietors shall in disobedience of the votes, orders, rules and regulations, so made and passed, occupy, husband, manage or improve his, her or their respective shares or rights, contrary to such votes, orders, rules and regulations, he, she or they, shall be subject to an action of trespass, for the damage sustained by any Proprietor, and shall forfeit and pay to the use of the Poor of the respective Parish to which the Island containing such shares or rights belong, a fine of Forty Shillings for each and every offence; to be recovered on complaint to a Justice of the Peace, who is hereby empowered to hear and determine the same, provided the said action of trespass or complaint be prosecuted within One Month.

The Rules shall be in writing and deposited with the Clerk of the Peace, and shall be in force but one year.

 
II.   And the said votes, orders, rules and regulations, made and passed as aforesaid, shall be reduced to writing, and subscribed by the major part of the Proprietors present, collecting their voices as aforesaid, and afterwards deposited with the Clerks of the Peace for the respective Counties, and shall be in force for one year and no longer.

 
 
III.   [Obsolete]

 
 
IV.   [Repealed by 29 G. 3, C. 8, S. 3.]

Act to be in force three years.
 
V.   This Act to continue and be in force for three years and no longer.

 
 
[Continued by 29 G. 3, C. 8 — 35 G. 3, C. 5 — 38 G. 3. C. 1 — 43 G. 3, C. 8, and made perpetual by 47 G. 3, C. 15.]

________________

C. 2. Anno XXVII. Geo. III.   A. D. 1787.


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