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Fort Havoc (Wallace Hale)

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CAP. IV.

An ACT relative to the Streets and Squares in the City of Saint John.

Passed 5th April, 1828.

Preamble.

WHEREAS in consequence of the irregularities of the ground upon which the City of Saint John is laid out, it has been found expedient to make various and extensive alterations in the level of the streets, which have rendered it necessary in many instances for the proprietors of houses fronting on such streets to erect steps or stairways in order to have access to their respective houses; and it is considered that the general width of the streets of the said City will admit the placing of such steps or stairways without any material obstruction to the passage along such streets, and the same have been authorized by the Corporation of the said City: And whereas doubts have arisen whether the said Corporation is empowered by Charter or any Law now in force to permit the erection of such steps or stairways, and it is expedient that the said Corporation should be allowed to exercise such power under certain limitations and restrictions;

Common Council may allow steps and stairways to the houses to be erected, and make Bye Laws for regulating the same.

Stairways not to extend more than four feet into the street.
No steps allowed excepting to the ground floor.

I. Be it therefore enacted by the Lieutenant Governor, Council, and Assembly, That it shall and may be lawful for the Mayor, Aldermen and Commonalty of the City of Saint John or the major part of them in Common Council convened, to authorize and allow the erecting, placing and maintaining of steps or stairways for the convenient access to the ground floor of the houses adjoining any street or streets in such parts of of the said City as they may deem proper, and from time to time to make, establish and ordain such bye-laws, ordinances, rules and regulations as well for the keeping, erecting, placing or maintaining as for the better regulating and arranging with uniformity such steps or stairways, and also for the taking down and removal either in whole or in part of such steps or stairways as are now erected or hereafter may be erected in the said City: Provided always, that no steps or stairways shall be allowed to extend out upon such streets or any of them more than four feet or more than a tenth part of the breadth of such streets as are less than forty feet broad; and provided also, that no steps leading to any other than the ground floor or storey shall be placed upon any part of the said streets.

Common Council may direct King's and Queen's Squares to be enclosed, and planted with trees, and make Bye Laws relating thereto.

Enclosures not to interfere with the public street, no fences or trees to be within sixty feet of buildings fronting on the Squares.

II. And whereas the enclosing of the two public squares in the said City, called by the name of King's square and Queen's square, with an open fence or railing and planting the same with trees would conduce much to the ornament of the said City; Be it further enacted, That it shall and may be lawful for the said Mayor, Aldermen and Commonalty or the major part of them in Common Council convened, to authorize and direct the said public squares to be enclosed either in whole or in part or parts with open fences or railings, and the same to be laid our and planted with trees and shrubs in such manner as they may deem expedient; and from time to time to make such bye laws, ordinances, rules and orders for the erecting, keeping and preserving such fences, railings and trees in order to prevent damage or injury to the same, as also for the due regulation of such squares and the passage of foot passengers in, through and over the same as to them may seem necessary and proper: Provided always, that no such enclosures shall be made so as to narrow or interfere with the passage of the public streets running along the sides of such squares, nor shall any fences or trees be placed or set out within sixty feet of the buildings fronting on such squares or either of them.

A Portico may be erected in front of the Court House not to extend more than fifteen feet upon the public square.

III. And whereas it would much add to the ornament and convenience of the Court House lately erected in the said City on the east side of King's square if a portico were placed in front of the same; Be it further enacted, That it shall and may be lawful for the Justices of the Peace of the said City and County of Saint John in General Sessions assembled, with the consent of the Common Council of the said City, to erect, place and maintain a portico and steps in front of the said Court House; provided the same shall not extend more than fifteen feet upon the said public square.

Bye Laws not to be in force till confirmed by the Governor and Council, and not to be altered but by a Law to be confirmed in like manner.

IV. Provided always and be it further enacted, That no bye law or ordinance to be made by the said Mayor, Aldermen and Commonalty of the City of Saint John in pursuance of this Act, shall be in force or valid until the same shall be confirmed by His Excellency the Lieutenant Governor and His Majesty's Council, and that when so confirmed the same shall not be altered, amended or repealed by any other bye law or ordinance of the said Corporation unless such other bye law or ordinance shall likewise be confirmed in the manner aforesaid.

Bye Laws before confirmation to be published four weeks and proof thereof made.

V. Provided also and be it further enacted, That all bye laws or ordinances before they shall be sent up to His Excellency the Lieutenant Governor and Council for their confirmation shall be published in one of the newspapers of the City at least four weeks before the same shall be so sent, which publication shall be proved to the satisfaction of the Lieutenant Governor and Council before such confirmation shall be given.

Limitation.

VI. And be it further enacted, That this Act shall continue and be in force for the term of ten years and no longer.

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C. 4. Anno IX. Geo. IV. A. D. 1828.

Index

Preamble.		WHEREAS in consequence of the irregularities of the ground upon which the City of Saint John is laid out, it has been found expedient to make various and extensive alterations in the level of the streets, which have rendered it necessary in many instances for the proprietors of houses fronting on such streets to erect steps or stairways in order to have access to their respective houses; and it is considered that the general width of the streets of the said City will admit the placing of such steps or stairways without any material obstruction to the passage along such streets, and the same have been authorized by the Corporation of the said City: And whereas doubts have arisen whether the said Corporation is empowered by Charter or any Law now in force to permit the erection of such steps or stairways, and it is expedient that the said Corporation should be allowed to exercise such power under certain limitations and restrictions;
Common Council may allow steps and stairways to the houses to be erected, and make Bye Laws for regulating the same. Stairways not to extend more than four feet into the street. No steps allowed excepting to the ground floor.		I. Be it therefore enacted by the Lieutenant Governor, Council, and Assembly, That it shall and may be lawful for the Mayor, Aldermen and Commonalty of the City of Saint John or the major part of them in Common Council convened, to authorize and allow the erecting, placing and maintaining of steps or stairways for the convenient access to the ground floor of the houses adjoining any street or streets in such parts of of the said City as they may deem proper, and from time to time to make, establish and ordain such bye-laws, ordinances, rules and regulations as well for the keeping, erecting, placing or maintaining as for the better regulating and arranging with uniformity such steps or stairways, and also for the taking down and removal either in whole or in part of such steps or stairways as are now erected or hereafter may be erected in the said City: Provided always, that no steps or stairways shall be allowed to extend out upon such streets or any of them more than four feet or more than a tenth part of the breadth of such streets as are less than forty feet broad; and provided also, that no steps leading to any other than the ground floor or storey shall be placed upon any part of the said streets.
Common Council may direct King's and Queen's Squares to be enclosed, and planted with trees, and make Bye Laws relating thereto. Enclosures not to interfere with the public street, no fences or trees to be within sixty feet of buildings fronting on the Squares.		II. And whereas the enclosing of the two public squares in the said City, called by the name of King's square and Queen's square, with an open fence or railing and planting the same with trees would conduce much to the ornament of the said City; Be it further enacted, That it shall and may be lawful for the said Mayor, Aldermen and Commonalty or the major part of them in Common Council convened, to authorize and direct the said public squares to be enclosed either in whole or in part or parts with open fences or railings, and the same to be laid our and planted with trees and shrubs in such manner as they may deem expedient; and from time to time to make such bye laws, ordinances, rules and orders for the erecting, keeping and preserving such fences, railings and trees in order to prevent damage or injury to the same, as also for the due regulation of such squares and the passage of foot passengers in, through and over the same as to them may seem necessary and proper: Provided always, that no such enclosures shall be made so as to narrow or interfere with the passage of the public streets running along the sides of such squares, nor shall any fences or trees be placed or set out within sixty feet of the buildings fronting on such squares or either of them.
A Portico may be erected in front of the Court House not to extend more than fifteen feet upon the public square.		III. And whereas it would much add to the ornament and convenience of the Court House lately erected in the said City on the east side of King's square if a portico were placed in front of the same; Be it further enacted, That it shall and may be lawful for the Justices of the Peace of the said City and County of Saint John in General Sessions assembled, with the consent of the Common Council of the said City, to erect, place and maintain a portico and steps in front of the said Court House; provided the same shall not extend more than fifteen feet upon the said public square.
Bye Laws not to be in force till confirmed by the Governor and Council, and not to be altered but by a Law to be confirmed in like manner.		IV. Provided always and be it further enacted, That no bye law or ordinance to be made by the said Mayor, Aldermen and Commonalty of the City of Saint John in pursuance of this Act, shall be in force or valid until the same shall be confirmed by His Excellency the Lieutenant Governor and His Majesty's Council, and that when so confirmed the same shall not be altered, amended or repealed by any other bye law or ordinance of the said Corporation unless such other bye law or ordinance shall likewise be confirmed in the manner aforesaid.
Bye Laws before confirmation to be published four weeks and proof thereof made.		V. Provided also and be it further enacted, That all bye laws or ordinances before they shall be sent up to His Excellency the Lieutenant Governor and Council for their confirmation shall be published in one of the newspapers of the City at least four weeks before the same shall be so sent, which publication shall be proved to the satisfaction of the Lieutenant Governor and Council before such confirmation shall be given.
Limitation.		VI. And be it further enacted, That this Act shall continue and be in force for the term of ten years and no longer.