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Fort Havoc (Wallace Hale)

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. XII.

An ACT to provide for the permanent Interment of the Remains of the late Lieutenant Governor Smyth, within the Walls of the Parish Church of Fredericton.

Passed 11th March, 1824.

Preamble

WHEREAS His Excellency Major General George Stracy Smyth, late Lieutenant Governor and Commander in Chief of this Province, a short time before his decease, solemnly enjoined the Executors named in his last Will, to have his Remains interred under the Church in Fredericton: And whereas by unanimous voice of the Church Wardens and Vestry of the said Church in Fredericton, (there being no Rector at the time) permission was given to deposit the Body of the said Lieutenant Governor, under the same Church, until this present meeting of this General Assembly, and the same was accordingly there deposited, and is now there remaining, in a temporary Vault prepared for the purpose, at the expence of the said Executors;

29 G. 3, C.1, S.8.

And whereas by an Act made and passed in the twenty-ninth year of the Reign of His late Majesty King George the Third, intituled "An Act for erecting a Parish in the City of Saint John, and incorporating the Rectors, Church Wardens and Vestries of the Church of England, in the several parishes in this Province," it is provided and enacted, that thenceforth no Corpse should be interred within or under the Walls of any Church then erected or thereafter to be erected in this Province;
And whereas it is deemed advisable in compliance with the desire of the said Deceased, to permit his Body to remain permanently deposited under the same Church, and to prevent the same from being removed;

The Body to remain interred under the Church.

I. Be it therefore enacted by the President, Council, and Assembly, That it shall and may be lawful for the Body of the said late Lieutenant Governor, to remain interred under the said Church in Fredericton, any thing contained in the said recited Act to the contrary notwithstanding.

Executors to cause the Vault to be further secured.

II. Provided always, and be it further enacted, That it shall be the duty of the said Executors of the Will of the said Decesed, at their expence, to cause the said temporary Vault to be further walled in and secured, in such manner and within such reasonable time, as shall be pointed out and directed by the Rector, Church Wardens and Vestry of the said Church, or by them approved of.

To be deemed a Public act.

III. And be it further enacted, That this Act shall be deemed a Public Act, and supplementary to the said herein before recited Act.

Not to be taken as a precedent.

IV. And be it further enacted, That this Act shall not for any cause whatever hereafter be taken or construed as a precedent for dispensing with any of the provisions of the herein before recited Act.

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C. 12. Anno V. Geo. IV. A. D. 1824.

Index

Preamble		WHEREAS His Excellency Major General George Stracy Smyth, late Lieutenant Governor and Commander in Chief of this Province, a short time before his decease, solemnly enjoined the Executors named in his last Will, to have his Remains interred under the Church in Fredericton: And whereas by unanimous voice of the Church Wardens and Vestry of the said Church in Fredericton, (there being no Rector at the time) permission was given to deposit the Body of the said Lieutenant Governor, under the same Church, until this present meeting of this General Assembly, and the same was accordingly there deposited, and is now there remaining, in a temporary Vault prepared for the purpose, at the expence of the said Executors;
29 G. 3, C.1, S.8.		And whereas by an Act made and passed in the twenty-ninth year of the Reign of His late Majesty King George the Third, intituled "An Act for erecting a Parish in the City of Saint John, and incorporating the Rectors, Church Wardens and Vestries of the Church of England, in the several parishes in this Province," it is provided and enacted, that thenceforth no Corpse should be interred within or under the Walls of any Church then erected or thereafter to be erected in this Province; And whereas it is deemed advisable in compliance with the desire of the said Deceased, to permit his Body to remain permanently deposited under the same Church, and to prevent the same from being removed;
The Body to remain interred under the Church.		I. Be it therefore enacted by the President, Council, and Assembly, That it shall and may be lawful for the Body of the said late Lieutenant Governor, to remain interred under the said Church in Fredericton, any thing contained in the said recited Act to the contrary notwithstanding.
Executors to cause the Vault to be further secured.		II. Provided always, and be it further enacted, That it shall be the duty of the said Executors of the Will of the said Decesed, at their expence, to cause the said temporary Vault to be further walled in and secured, in such manner and within such reasonable time, as shall be pointed out and directed by the Rector, Church Wardens and Vestry of the said Church, or by them approved of.
To be deemed a Public act.		III. And be it further enacted, That this Act shall be deemed a Public Act, and supplementary to the said herein before recited Act.
Not to be taken as a precedent.		IV. And be it further enacted, That this Act shall not for any cause whatever hereafter be taken or construed as a precedent for dispensing with any of the provisions of the herein before recited Act.