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Archives provinciales du Nouveau-Brunswick

Fort Havoc (Wallace Hale)

Info Le langage employé dans les textes est celui utilisé par Wallace Hale. Les documents dont les Archives provinciales font l’acquisition ne sont pas traduits de la langue dans laquelle ils ont été produits.

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CAP. VIII.

An ACT to authorise the Justices of the Peace for the County of Charlotte, to make regulations for the Market Wharf at Saint Andrews.

Passed the 11th of March, 1824.

Preamble.

 

 
WHEREAS the Town Landing in Saint Andrews has been granted to the Justices of the Peace for the County of Charlotte, in trust for the use of the said Town of Saint Andrews, as a site for a Public Market House, and such Buildings and Fabrics as may by them be deemed necessary from time to time to be erected for the accommodation of said Town:   And whereas a Wharf has been erected on said Town Landing, and a Market House and other Buildings built thereon,

Justices of Charlotte may make regulations for the due ordering of vessels at the Market Wharf in St. Andrews, for loading and unloading goods, and for preventing nuisances and obstructions; and from time to time, repeal and alter them; and may enforce the regulations by fines, not exceeding 40s.

 

 
Recovery of Fines.

 

 

 

 

Application.

 
I.   Be it enacted by the President, Council, and Assembly, That the Justices of the Peace for the County of Charlotte, at their General Sessions, shall and may, and they are hereby authorised and empowered to make such orders and regulations for the due ordering of Vessels lying at the said Market Wharf in Saint Andrews, or coming to or removing from the same, and for the lading and unlading of Goods and Merchandise at the said Market Wharf, and for preventing nuisances, obstructions and incumbrances, by the depositing and leaving off Goods and Merchandise, or otherwise howsoever, on the said Market Wharf, and generally for the safe keeping and well ordering of the said Market Wharf in all respects, and from time to time to repeal, alter and amend, such rules and regulations, and to substitute others in their place, as to the said Justices, or the major part of them, at such General Sessions, shall seem fit and reasonable, and to enforce such orders and regulations by pecuniary fines and penalties, so always that such fines and penalties shall not in any case exceed the sum of Forty Shillings, which shall be sued for and recovered, on the oath of one or more credible witness or witnesses, before any Justice of the Peace of the said County, and be levied by warrant of distress and sale of any Goods and Merchandise, that by conviction of such Justice may appear to be an incumbrance or nuisance on the said Wharf, contrary to the said regulations, or otherwise by warrant of distress and sale of the goods and chattels of the offender, rendering the overplus, if any, after deducting the charges of prosecution and sale, to the owner or owners of such Goods, or the offender or offenders, as the case may be; such fines and penalties to be paid, one moiety to the Wharfinger of the said Wharf, to be appointed as hereafter directed, and the remainder to the Overseers of the Poor for the Parish of Saint Andrews, for the use of the Poor of the said Parish.

Justices may appoint a Wharfinger, who shall be sworn and liable to the same penalties as other Parish Officers.

 

Wharfinger to carry the regulations into effect.

 
II.   And be it further enacted, That the said Justices of the Peace for the County of Charlotte, shall and may at the time of making the annual appointment of Town and Parish Officers, have power and authority to appoint a fit person to be a Wharfinger of the said Market Wharf, who shall be sworn to the faithful discharge of his duty, and be in every respect subject to the same rules and regulations, penalties and forfeitures, as any other Town or Parish Officers are or shall be made subject to, by virtue of any Laws now in force, or hereafter to be enacted, for the appointment and regulation of Town or Parish Officers, in the several Counties of this Province; and it shall be the duty of said Wharfinger to carry into force and effect the orders and regulations of the said Justices, so to be made as aforesaid, respecting the said Market Wharf, and in his own name to sue for all fines and penalties incurred under the said regulations, and to account from time to time to said Justices at their General Sessions, as they at such Sessions shall from time to time order and direct.

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C. 8. Anno V. Geo. IV.   A. D. 1824.


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