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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.

CAP. IX.

An ACT for appointing Firewards in the Towns of Fredericton and Saint Andrews, and ascertaining their power and duty, and more effectually to prevent Fires in the said Towns.

Passed the 22d of March, 1817.

Governor, with the advice of the Council, to appoint Firewards,

in Fredericton and Saint Andrews, who shall be sworn before a Justice of the Peace, &c.

I. BE it enacted by the President, Council, and Assembly, That the Governor or Commander in Chief for the time being, is hereby authorized and empowered, with the advice of His Majesty's Council, from time to time, by warrant under his hand and seal, to appoint a sufficient number of prudent and discreet persons, not exceeding eight, in the several parts of the Towns (commonly called the Town Plats) of Fredericton and Saint Andrews respectively, and their respective vicinities, to be Firewards, who shall be sworn to the faithful discharge of their duty respectively, before any one of His Majesty's Justices of the Peace for the said Counties of York and Charlotte, and certificates thereof indorsed on the several warrants of appointment, for which warrants, oaths and certificates, no fees shall be demanded or received from the persons so appointed and sworn.

Firewards on duty to carry a Staff and Speaking Trumpet.

II. And be it further enacted, That in order that the said Firewards may be distinguished from others, when on duty at a Fire, and to enable them to communicate their directions with more facility, they shall each carry a Staff seven feet in length, coloured red, and also a speaking Trumpet, painted white, with the name of their respective Towns painted on it in black letters.

In case of Fire, the Firewards, jointly or separately, to command assistance for extinguishing Fires and removing goods, &c.
To appoint persons to take care of Goods, &c.
Firewards, upon notice of Fire, to repair with their Badges to the place, and exert their authority.
Due obedience to be yielded to the Firewards by persons having charge of engines, &c.

III. And be it further enacted, That whenever any Fire shall break out in the said Towns of Fredericton or Saint Andrews, or in their respective vicinities, and during the continuance thereof, the said Firewards respectively, for and in their respective Towns, are hereby authorized and required, jointly or separately, to command assistance for extinguishing the fire and removing household stuff, furniture, books, public stores, goods and merchandize, out of any houses, store-houses and other buildings actually on fire, or in danger thereof, and to appoint persons to take care of the same, and also to require assistance to prevent the further spreading of the fire in their respective Towns, and to prevent tumults and disorders in the same; and the said Firewards respectively, are hereby required upon the notice of fire breaking forth in their respective Towns (taking their badges and trumpets with them) immediaely to repair to the place and vigourously to exert their authority in requiring assistance, and to use their utmost endeavours to extinguish the fire and prevent its spreading, and to preserve and secure property and effects, both public and private; and due obedience is hereby required to be yielded to them, and each and every of them, accordingly for that service, as well by the person or persons having the charge and management of any Engine or Engines in the said respective Towns, as all other persons whosoever.

Persons disobeying orders of the Firewards to forfeit £3.

Recovery.

Penalty to the use of the Poor.

IV. And be it further enacted, That for every refusal or neglect in any person to obey the order of any Fireward, in performing any of the duties and services herein before mentioned, such person shall forfeit and pay the sum of three pounds; to be recovered upon conviction before any one of His Majesty's Justices of the Peace for the said Counties of York and Charlotte respectively on the oath of a Fireward or any other credible witness, and levied by distress and sale of the offender's goods and chattels; and for want of sufficient distress, such offender shall suffer twelve days imprisonment, unless the penalty and costs shall be sooner paid; which penalty, when recovered, shall be paid into the hands of the Overseers of the Poor of the Parishes of Fredericton and Saint Andrews respectively, towards the support thereof.

Firewards may compel Persons present at a Fire to form lines for conveyance of water.

V. And whereas it is necessary that prompt and implicit obedience should at all times during the raging of a fire, be paid to the directions of the Firewards; Be it further enacted, That the said Firewards respectively, or any or either of them, shall have power, and they and every of them are hereby authorized, when such necesity shall exist, to require and compel the persons present at any fire, to fall in and form the lines or ranks for the conveyance of water for extinguishing the fire, and to remain in such ranks as long as may be deemed necessary.

Firewards may at seasonable times, in the day time, enter any House and examine Stoves and Hearths.

Persons disobeyinbg directions of Firewards to forfeit £5.

VI. And be it further enacted, That the Firewards in the several and respective Towns of Fredericton and Saint Andrews, or the major part of them, are hereby authorized and empowered from time to time and at all seasonable times, in the day time, to enter into any house, shop or other building within the limits of the said respective Towns and their vicinities, and to examine and inspect the manner in which any stove or stove-pipes are set up, placed, fixed or carried, or any hearths constructed; and if such stove and stove-pipes, or such hearths, shall be found to be in the opinion and judgment of the said Firewards, or the major part of them present at such inspection, so set up, placed, fixed or carried or constructed, as to be dangerous, such Firewards are hereby authorized and empowered to give directions in writing, to prevent the continuance of fire in any such stove or any other such hearth, until the same shall have undergone such alteration as shall be pointed out in writing by the same Firewards; and any person or persons who shall disobey any such direction of the said Firewards, shall for each offence forfeit and pay the sum of five pounds, to be recovered and applied in manner as aforesaid.

Limitation.

VII. And be it further enacted, That this Act shall continue and be in force for two years and no longer.

[Made perpetual by 59 G. 3, C. 2.]

________________

C. 9. Anno LVII. Geo. III. A. D. 1817.

Index

Governor, with the advice of the Council, to appoint Firewards, in Fredericton and Saint Andrews, who shall be sworn before a Justice of the Peace, &c.		I. BE it enacted by the President, Council, and Assembly, That the Governor or Commander in Chief for the time being, is hereby authorized and empowered, with the advice of His Majesty's Council, from time to time, by warrant under his hand and seal, to appoint a sufficient number of prudent and discreet persons, not exceeding eight, in the several parts of the Towns (commonly called the Town Plats) of Fredericton and Saint Andrews respectively, and their respective vicinities, to be Firewards, who shall be sworn to the faithful discharge of their duty respectively, before any one of His Majesty's Justices of the Peace for the said Counties of York and Charlotte, and certificates thereof indorsed on the several warrants of appointment, for which warrants, oaths and certificates, no fees shall be demanded or received from the persons so appointed and sworn.
Firewards on duty to carry a Staff and Speaking Trumpet.		II. And be it further enacted, That in order that the said Firewards may be distinguished from others, when on duty at a Fire, and to enable them to communicate their directions with more facility, they shall each carry a Staff seven feet in length, coloured red, and also a speaking Trumpet, painted white, with the name of their respective Towns painted on it in black letters.
In case of Fire, the Firewards, jointly or separately, to command assistance for extinguishing Fires and removing goods, &c. To appoint persons to take care of Goods, &c. Firewards, upon notice of Fire, to repair with their Badges to the place, and exert their authority. Due obedience to be yielded to the Firewards by persons having charge of engines, &c.		III. And be it further enacted, That whenever any Fire shall break out in the said Towns of Fredericton or Saint Andrews, or in their respective vicinities, and during the continuance thereof, the said Firewards respectively, for and in their respective Towns, are hereby authorized and required, jointly or separately, to command assistance for extinguishing the fire and removing household stuff, furniture, books, public stores, goods and merchandize, out of any houses, store-houses and other buildings actually on fire, or in danger thereof, and to appoint persons to take care of the same, and also to require assistance to prevent the further spreading of the fire in their respective Towns, and to prevent tumults and disorders in the same; and the said Firewards respectively, are hereby required upon the notice of fire breaking forth in their respective Towns (taking their badges and trumpets with them) immediaely to repair to the place and vigourously to exert their authority in requiring assistance, and to use their utmost endeavours to extinguish the fire and prevent its spreading, and to preserve and secure property and effects, both public and private; and due obedience is hereby required to be yielded to them, and each and every of them, accordingly for that service, as well by the person or persons having the charge and management of any Engine or Engines in the said respective Towns, as all other persons whosoever.
Persons disobeying orders of the Firewards to forfeit £3. Recovery. Penalty to the use of the Poor.		IV. And be it further enacted, That for every refusal or neglect in any person to obey the order of any Fireward, in performing any of the duties and services herein before mentioned, such person shall forfeit and pay the sum of three pounds; to be recovered upon conviction before any one of His Majesty's Justices of the Peace for the said Counties of York and Charlotte respectively on the oath of a Fireward or any other credible witness, and levied by distress and sale of the offender's goods and chattels; and for want of sufficient distress, such offender shall suffer twelve days imprisonment, unless the penalty and costs shall be sooner paid; which penalty, when recovered, shall be paid into the hands of the Overseers of the Poor of the Parishes of Fredericton and Saint Andrews respectively, towards the support thereof.
Firewards may compel Persons present at a Fire to form lines for conveyance of water.		V. And whereas it is necessary that prompt and implicit obedience should at all times during the raging of a fire, be paid to the directions of the Firewards; Be it further enacted, That the said Firewards respectively, or any or either of them, shall have power, and they and every of them are hereby authorized, when such necesity shall exist, to require and compel the persons present at any fire, to fall in and form the lines or ranks for the conveyance of water for extinguishing the fire, and to remain in such ranks as long as may be deemed necessary.
Firewards may at seasonable times, in the day time, enter any House and examine Stoves and Hearths. Persons disobeyinbg directions of Firewards to forfeit £5.		VI. And be it further enacted, That the Firewards in the several and respective Towns of Fredericton and Saint Andrews, or the major part of them, are hereby authorized and empowered from time to time and at all seasonable times, in the day time, to enter into any house, shop or other building within the limits of the said respective Towns and their vicinities, and to examine and inspect the manner in which any stove or stove-pipes are set up, placed, fixed or carried, or any hearths constructed; and if such stove and stove-pipes, or such hearths, shall be found to be in the opinion and judgment of the said Firewards, or the major part of them present at such inspection, so set up, placed, fixed or carried or constructed, as to be dangerous, such Firewards are hereby authorized and empowered to give directions in writing, to prevent the continuance of fire in any such stove or any other such hearth, until the same shall have undergone such alteration as shall be pointed out in writing by the same Firewards; and any person or persons who shall disobey any such direction of the said Firewards, shall for each offence forfeit and pay the sum of five pounds, to be recovered and applied in manner as aforesaid.
Limitation.		VII. And be it further enacted, That this Act shall continue and be in force for two years and no longer.
		[Made perpetual by 59 G. 3, C. 2.]