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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. XXIII.

An ACT to establish and regulate Public Landing Places in Fredericton.

Passed 19th March, 1827.

Preamble.

 
WHEREAS great inconvenience and delays in the lading and unlading of Vessels have arisen for the want of regular and unobstructed Landing places in the Town of Fredericton; for remedy whereof,

Eleven Public Landing places constituted and described.
Avery's landing.

 
Sunbury Street.

 
Church Street.

St. John Street.

Market Place.

 

Regent Street.

Carleton, York, Westmorland, Northumberland and Smyth Streets.
To extend to the top of the Bank and be marked by posts.
Plat thereof to be filed at the Surveyor General's Office.

 
I.   Be it enacted by the Lieutenant Governor, Council, and Assembly, That there shall be eleven Public Landing Places in the said Town of Fredericton in the County of York, for Vessels and Boats to lade and unlade their cargoes, that is to say, the first or lower, commonly called, Avery's Landing, opposite to the Inn, called the Golden Ball, to measure two hundred feet in length, on the margin of the River:   the second Landing to be a continuation of Sunbury Street, and to extend on the margin of the River up Stream from the lower line of the said street two hundred feet:   that the third Landing be a continuation of Church street, to measure also two hundred feet in length on the margin of the River:   the fourth landing to be a continuation of Saint John's street to measure also two hundred feet in length on the margin of the River:   the fifth Landing to be bounded by a continuation of the said lines of the Lot granted to the Justices of the Peace of the County of York for a Market:   the sixth, commonly called the Steam Boat Landing, at the junction of Regent street with the River, to measure from the lower line of the said Street, three hundred feet in length, on the margin of the said River up Stream, and at the continuation of the five following Streets, namely Carleton street, York street, Westmorland street, Northumberland street, and Smyth street, there shall be similar Landing Places, each measuring two hundred feet on the margin of the River:   which said Landing places shall be considered to extend to the top of the bank, and shall be surveyed and distinctly marked out by posts or other sufficient marks by such person as the Governor or Commander in Chief for the time being shall appoint, and a return and plat thereof, and of the avenues leading thereto, made and returned into the Surveyor General's Office.

The avenues to these landings to be deemed public Highways.

 
II.   And be it further enacted, That the said avenues leading to the said several Landing Places shall be deemed Public Highways, and persons obstructing the same, liable to the same penalties, as for obstructing any other Highways in the said Town, and incumbrances thereon may be removed and disposed of agreeable to the provisions of the laws for regulating Highways.

Persons incumbering th elandings to incur a penalty of 40s.

how recovered and applied.

 

 

 
III.   And be it further enacted, That any Person incumbering or obstructing either of the said Landing Places, by laying on the shore, or leaving in the water, any logs, wood or timber, or any other means, so as to prevent the easy and conveneint access of Vessels and Boats to the same, and discharging their cargoes; shall for every such offence incur the penalty of forty shillings, to be recovered upon conviction before any one of His Majesty's Justices of the Peace, upon the oath of a credible witness, or view of the Justice, and levied with full costs by warrant of distress and sale of the goods of the offender, rendering the overplus, if any, after deducting charges to the owner; and for want of such goods the offender to be committed to Gaol by warrant from such Justice; there to remain for eight days, unless the penalty and costs and charges shall be sooner paid; which penalties when recovered shall be paid to the Commissioners of the Alms House in Fredericton for the use of the poor thereof.

The lower 100 feet of Regent Street landing, reserved exclusively for Steam Boats.

Penalty for incumbering.

 

 
IV.   And be it further enacted, That the lower one hundred feet of the aid Steam Boat Landing shall be reserved exclusively for the accommodation of the present or any other Steam Boats which may come to the place; and any person in any way incumbering the same, or any bridge or wharf thereon, so as to obstruct the approach of any Steam Boat to the same, or incommode such Boat in the landing of Passengers or discharging of Goods, or Freight, or Baggage, or shall remove the said bridge, shall incur the penalty of forty shillings for each and every offence, to be recovered and applied in manner as aforesaid.

Proprietors of Steam Boats empowered to retain Constables to prevent annoyance of Passengers.

 

Constable having his staff, to be considered in the exercise of his duty.

 
V.   And be it further enacted, That in order to secure the safe and convenient landing of Passengers, it shall and may be lawful for the Proprietors of any Steam Boat, at their own expence, to retain any one or more of the Constables of Fredericton to attend at the bridge to which any such Steam Boat is expected to come, to prevent persons from crowding the same upon the arrival of any such Boat; and that such Constable (having his staff of office in his hand) shall have power to prevent persons, at his pleasure, from going on or remaining on any such bridge, at the time of the arrival of any such Boat: and in so doing he shall, at all times, be considered to be in the due execution of his office as Constable.

________________

C. 23. Anno VIII. Geo. IV.   A. D. 1827.


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