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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. XXVII.

An ACT to alter an Act to provide for sick and disabled Seamen, not being Paupers belonging to the Province, and to provide Buildings for the accommodation of the same.

Passed the 21st March, 1822.

Preamble.

60 G. 3, C. 15.

 

 

 
WHEREAS by the second Section of an Act passed in the sixtieth year of the Reign of His late Majesty King George the Third, intituled "An Act to provide for sick and disabled Seamen, not being Paupers belonging to this Province," it is provided "that the duty imposed by the said Act shall be paid to the Overseers of the Poor for the place where the same is collected:"   And whereas it is expedient to make further and more permanent provision for such Seamen, in the City of Saint John, by erecting an Hospital, and to prevent the importation of infectious distempers by establishing a Pest House;

60 G. 3, C. 15, S. 2, repealed as to St. John.

 
I.   Be it therefore enacted by the Lieutenant Governor, Council, and Assembly, That the second Section of the above mentioned Act, so far as it relates to or concerns the Port and City of Saint John, be, and the same is hereby repealed.

Governor, with advice of the Council, to appoint Commissioners.

 

Duties imposed by 60 G. 3, C. 15, to be paid to the Commissioners.

 

Overplus duty paid over to be expended in Saint John, to be in like manner paid to the Commissioners.

 
II.   And be it further enacted, That it shall and may be lawful for the Lieutenant Governor or Commander in Chief, by and with the advice of His Majesty's Council, to appoint five, or more, fit persons to be Commissioners for a Marine Hospital and a Pest House, for the said Port and City, and to displace, re-appoint, or supply all or any of the said Commissioners, as from time to time may be necessary or expedient; and that so much of the said duty imposed by the above mentioned Act, as is collected at the said Port and City of Saint John, shall, when collected, be paid over by the Treasurer to such Commissioners so to be appointed as aforesaid, by warrant of the Lieutenant Governor or Commander in Chief for the time being, by and with the advice of His Majesty's Council, and also any overplus of such duty collected at any otther port or place, which may be directed to be paid over to be expended in the said Port and City of Saint John, under and by virture of the second Section of an Act made and passed in the second year of His present Majesty's Reign, in addition to and amendment of the said herein before recited Act, shall be paid in like manner to such Commissioners.

Commissioners to account annually under oath.

 
III.   And be it further enacted, That the said Commissioners shall render a yearly account under oath, of the expenditure of such monies as may be paid to them as aforesaid.

Commissioners to apply money for erecting and maintaining a Marine Hospital and Pest House.

 

 
IV.   And be it further enacted, That the monies so to be paid to the said Commissioners, by virtue of this Act, may and shall be applied by them for the erecting and maintaining a Marine Hospital, for the relief of such sick and disabled Seamen as are entitled thereto, under the provisions of the herein before mentioned Act, and also for the building and supporting a Pest House for the reception of Seamen who are ill of any infectious disease,and for providing for the necessary care, cure, and maintenance, of the Patients in the said Marine Hospital, and in the said Pest House.

Corporation may lay out part of public land for the Hospital and Pest House,

 

to remain for the use of this and of the recited Act, and be under the controul of the Commissioners.

 
V.   And be it further enacted, That the said Corporation of the said City of Saint John, are hereby authorised to lay out such parts and places of the public lands of the said Corporation as they shall judge most convenient, for the erection and situation of such Marine Hospital and such Pest House; which said houses or erections, and places or pieces of land, when so built and laid out, shall forever thereafter remain and be appropriated solely to the use of this and the herein before mentioned Act, (saving nevertheless the rights of all persons other than the said Corporation,) and be under the exclusive controul and management of the said Commissioners.

Commissioners to contract for buildings, and make regulations for their government.

 
VI.   And be it further enacted, That the said Commissioners, or the major part of them, may and are hereby authorised to make all necessary contracts for the building, repairing, and maintaining, the said Marine Hospital and the said Pest House, and for the care, cure, attendance, and support, of the Patients therein, and to make such rules and regulations for the good government of the same, as they shall judge fit.

Commissioners may remove sick Seamen to the Pest House, and no person to visit same under penalty of being detained.

 
VII.   And be it further enacted, That the said Commissioners may, and are hereby authorised to remove such Seamen as are ill of any infectious disease, to the said Pest House for cure; and no person shall visit such Pest House when any Patient is there lying ill, without licence from one of the said Commissioners; and if any person shall visit such Pest House, when any person is there lying ill, without licence as aforesaid, such person may and shall be there detained and not suffered to depart without licence of some one of the said Commissioners.

Offences enquired of by the Sessions, and fines paid to the Commissioners.

 
VIII.   And be it further enacted, That all offences against this Act may be enquired of and determined before the General Sessions of the Peace for the said City and County of Saint John, and the fines imposed therefor shall be levied and paid over to the said Commissioners, for the uses aforesaid.

Fourth Section of 60 G. 3, C. 15, repealed.

 
IX.   And be it further enacted, That the fourth Section of the said first herein before recited Act, be, and the same is hereby repealed.

Overseers where overplus duty has been paid over, may send sick or disabled Seamen to the Hospital or Pest House.

 

 
X.   And be it further enacted, That the Overseers of the Poor in any port or place where any overplus of duty collected by virture of the said Act, shall have been paid over for the building or support of said Hospital or Pest House, shall, if they think proper, send from time to time, any sick or disabled Seamen to the said Hospital or Pest House, the expense of so sending them and of supporting them, to be paid out of monies collected by virtue of the said Act.

Until proper buildings shall be erected the Commissioners may use other buildings.

 

 
XI.   And be it further enacted, That until such time as proper buildings shall be erected and prepared within the said Port and City of Saint John, for the purposes by this Act contemplated, it shall and may be lawful for the Commissioners to be appointed as herein before mentioned, to hire and make use of any other houses or buildings within the said Port or City, which they shall think fit and convenient for a Marine Hospital and Pest House, in manner and form as by this Act is prescribed.

Last Sections of 60 G. 3, C. 15, and 2 G. 4, C. 10, repealed.

 
XII.   And be it further enacted, That the last Sections of the herein before mentioned Acts respectively, which limit the continuance thereof to five years, be, and the same are hereby repealed severally and respectively.

________________

C. 27. Anno III. Geo. IV.   A. D. 1822.


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