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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.

CAP. XXXIII.

An ACT more effectually to provide for the support of a nightly Watch in and for lighting the City of Saint John, and for other purposes.

Passed 2d March, 1834.

Preamble.

WHEREAS the establishment of a nightly watch, and lighting the streets, and the appointment of scavengers, in and for the City of Saint John, are of very great importance, for the preservation of the persons and property of the inhabitants, to prevent fires and robberies, and other outrages and disorders, and to insure cleanliness in the said City;

Common Council to appoint and regulate Watchmen, Lamp Lighters and Scavengers for the eastern side of the harbour of Saint John.

I. Be it enacted by the Lieutenant Governor, Council, and Assembly, That from and after the passing of this Act, it shall and may be lawful for the Mayor, Aldermen and Commonalty of the said City, in Common Council convened, from time to time, to order and appoint such number of watchmen and lamp lighters as they shall judge necessary and proper to be kept within the district on the eastern side of the harbour of the said City, and to direct how they ought to be armed, and how they shall watch and attend to the lamps of the said City, and what wages and allowances shall be given to the said watchmen and lamp lighters for their attendance, and shall also from time to time order and appoint what number of scavengers they shall judge necessary and proper to be kept within the said district, and to direct how they shall attend to the cleanliness and good order of the streets therein, and what wages shall be given to the said scavengers for their services, and shall make all such orders and regulations as the nature of each particular service shall seem to require.

Common Council may order a yearly assessment to pay the expenses.

Assessment on one person not to exceed £7 10s. per annum.
Assessment to be collected by a collector appointed for that purpose.

II. And for the better raising and levying the money for paying the wages of the said nightly watchmen, lamp lighters and scavengers, and other charges incidental thereto; Be it enacted, That the Mayor, Aldermen and Commonalty of the said City of Saint John, in Common Council assembled, may and they are hereby authorized and empowered, once in every year, between the first day of April and the first day of May in each and every year, to determine and direct what sum or sums of money shall be raised and levied upon the inhabitants in the district on the eastern side of the harbour of the said City, for answering the purposes aforesaid, and to direct by warrant under their common seal to the assessors herein after mentioned to make a rate and assessment in due proportion upon all and every person or persons who do or shall inhabit, hold, occupy and enjoy any land, house, shop, warehouse or other tenement, within the district on the eastern side of the harbour of the said City: Provided always, that the sum to be assessed upon any one person in any one year, shall not exceed the sum of seven pounds ten shillings; and the said assessors are hereby authorized and required to make such rate and assessment; which same rate and assessment so as to be made, shall be collected by a collector to be by the said Mayor, Aldermen and Commonalty of the said City, for that purpose from time to time appointed; and in case any person or persons so rated and assessed shall neglect or refuse to pay the said sums so rated uppn him, her or them, it shall and may be lawful for the said collector to sue for and recover the same by action of debt in the Court of Common Pleas, or City Court of the said City, in like manner as any other debt can or may be sued for, prosecuted and recovered in the said Courts.

Persons aggrieved by assessment may appeal to the Common Council.

III. Provided always and it is hereby enacted, That in case any person or persons shall think him, her or themselves aggrieved by any rate and assessment to be made as aforesaid, it shall and may be lawful for them respectively, within the space of five days after the sum so rated and assessed shall be demanded, to appeal to the Common Council of the said City, and whose decision shall be final and conclusive; and that a memorandum in writing of such appeal, filed in the common Clerk's office, within the said time, shall suspend further proceedings until such decision shall be had.

Watchmen may apprehend night walkers, &c. disturbing the Peace.

IV. And be it enacted, That it shall and may be lawful for the said watchmen or any of them, and they are authorized and required in their several stations, during the time of their keeping watch as aforesaid, to apprehend all night walkers, malefactors, rogues, vagabonds and other disorderly persons whom they shall find disturbing the public peace, and to carry him, her or them as soon as conveniently may be before the Mayor, Recorder or one of the Aldermen of the said City, or a Justice of the Peace for the City and County of Saint John, to be examined and dealt with according to law.

Deficiency in one year's assessment to be made up in the next assessment.

Surplus of assessment to be carried to the credit of next year's assessment.

V. Provided always and be it enacted, That in case there should be any deficiency in any one year's assessment so to be made as aforesaid, so that the wages and allowances to watchmen, lamp lighters and scavengers, and every other incidental charges, cannot be fully satisfied, paid and discharged in that year, such deficiency shall be made up in and paid out of the next succeeding year's rate and assessment; and if there shall happen to be any overplus money collected by such rate or assessment as aforesaid in any one year, such overplus shall be carried on to the credit of the account of the next year's rate and assessment, and shall be applied for such uses and in such manner as the rates and assessments collected are by this Act directed to be laid out and applied, and to no other use or purpose whatsoever.

Mayor, &c. to appoint three assessors annually.

Persons appointed not performing the duty to forfeit £5.
Recovery.

Application.

VI. And be it enacted, That it shall and may be lawful for the said Mayor, Aldermen and Commonalty of the said City, to appoint annually three discreet persons, being freemen of the said City, to act as assessors under this Act, who shall be sworn to the faithful discharge of such duty before the Mayor or Recorder of the said City; and any person so appointed who shall neglect or refuse to accept the said appointment or to become qualified, or having become qualified, shall refuse to perform his duty, shall for each and every neglect or refusal forfeit and pay the sum of five pounds, to be recoverd on conviction before the Mayor or Recorder of the said City, and levied by distress and sale of the goods and chattels of the offender, by warrant under the hand and seal of the said Mayor or Recorder, and paid into the hands of the Chamberlain of the said City, to be applied for such uses and in such manner as the rates and assessments collected under this law, and for no other use whatsoever; and the said Mayor, Aldermen and Commonalty of the said City, may appoint some other person or persons being freemen in the place or places of any person or persons refusing to act, or to become qualified as required by this Act, so often as such shall be the case; which person or persons so to be appointed in the place or places of such person or persons so neglecting or refusing, shall be liable to the same and like penalties for neglect or refusal as the said persons first appointed, to be in like manner recovered, paid and applied, and so on as often as the case may happen.

Collector to pay the money to the Chamberlain.

VII. And be it enacted, That the said collector herein before mentioned to be appointed, shall from time to time as he shall receive the same, pay the money by him collected into the hands of the Chamberlain of the said City for the time being, who is hereby directed to keep a separate book to be by him appropriated for that particular purpose.

To be deemed a public Act.

VIII. And be it enacted, That this Act shall be deemed, adjudged and taken to be a public Act, and be judicially taken notice of by all Judges, Justices and other persons whatsoever, without pleading the same.

Limitation.

IX. And be it enacted, That this Act shall continue and be in force until the first day of April in the year of our Lord one thousand eight hundred and thirty nine.

________________

C. 33. Anno IV. Wm. IV. A. D. 1834.

Index

Preamble.		WHEREAS the establishment of a nightly watch, and lighting the streets, and the appointment of scavengers, in and for the City of Saint John, are of very great importance, for the preservation of the persons and property of the inhabitants, to prevent fires and robberies, and other outrages and disorders, and to insure cleanliness in the said City;
Common Council to appoint and regulate Watchmen, Lamp Lighters and Scavengers for the eastern side of the harbour of Saint John.		I. Be it enacted by the Lieutenant Governor, Council, and Assembly, That from and after the passing of this Act, it shall and may be lawful for the Mayor, Aldermen and Commonalty of the said City, in Common Council convened, from time to time, to order and appoint such number of watchmen and lamp lighters as they shall judge necessary and proper to be kept within the district on the eastern side of the harbour of the said City, and to direct how they ought to be armed, and how they shall watch and attend to the lamps of the said City, and what wages and allowances shall be given to the said watchmen and lamp lighters for their attendance, and shall also from time to time order and appoint what number of scavengers they shall judge necessary and proper to be kept within the said district, and to direct how they shall attend to the cleanliness and good order of the streets therein, and what wages shall be given to the said scavengers for their services, and shall make all such orders and regulations as the nature of each particular service shall seem to require.
Common Council may order a yearly assessment to pay the expenses. Assessment on one person not to exceed £7 10s. per annum. Assessment to be collected by a collector appointed for that purpose.		II. And for the better raising and levying the money for paying the wages of the said nightly watchmen, lamp lighters and scavengers, and other charges incidental thereto; Be it enacted, That the Mayor, Aldermen and Commonalty of the said City of Saint John, in Common Council assembled, may and they are hereby authorized and empowered, once in every year, between the first day of April and the first day of May in each and every year, to determine and direct what sum or sums of money shall be raised and levied upon the inhabitants in the district on the eastern side of the harbour of the said City, for answering the purposes aforesaid, and to direct by warrant under their common seal to the assessors herein after mentioned to make a rate and assessment in due proportion upon all and every person or persons who do or shall inhabit, hold, occupy and enjoy any land, house, shop, warehouse or other tenement, within the district on the eastern side of the harbour of the said City: Provided always, that the sum to be assessed upon any one person in any one year, shall not exceed the sum of seven pounds ten shillings; and the said assessors are hereby authorized and required to make such rate and assessment; which same rate and assessment so as to be made, shall be collected by a collector to be by the said Mayor, Aldermen and Commonalty of the said City, for that purpose from time to time appointed; and in case any person or persons so rated and assessed shall neglect or refuse to pay the said sums so rated uppn him, her or them, it shall and may be lawful for the said collector to sue for and recover the same by action of debt in the Court of Common Pleas, or City Court of the said City, in like manner as any other debt can or may be sued for, prosecuted and recovered in the said Courts.
Persons aggrieved by assessment may appeal to the Common Council.		III. Provided always and it is hereby enacted, That in case any person or persons shall think him, her or themselves aggrieved by any rate and assessment to be made as aforesaid, it shall and may be lawful for them respectively, within the space of five days after the sum so rated and assessed shall be demanded, to appeal to the Common Council of the said City, and whose decision shall be final and conclusive; and that a memorandum in writing of such appeal, filed in the common Clerk's office, within the said time, shall suspend further proceedings until such decision shall be had.
Watchmen may apprehend night walkers, &c. disturbing the Peace.		IV. And be it enacted, That it shall and may be lawful for the said watchmen or any of them, and they are authorized and required in their several stations, during the time of their keeping watch as aforesaid, to apprehend all night walkers, malefactors, rogues, vagabonds and other disorderly persons whom they shall find disturbing the public peace, and to carry him, her or them as soon as conveniently may be before the Mayor, Recorder or one of the Aldermen of the said City, or a Justice of the Peace for the City and County of Saint John, to be examined and dealt with according to law.
Deficiency in one year's assessment to be made up in the next assessment. Surplus of assessment to be carried to the credit of next year's assessment.		V. Provided always and be it enacted, That in case there should be any deficiency in any one year's assessment so to be made as aforesaid, so that the wages and allowances to watchmen, lamp lighters and scavengers, and every other incidental charges, cannot be fully satisfied, paid and discharged in that year, such deficiency shall be made up in and paid out of the next succeeding year's rate and assessment; and if there shall happen to be any overplus money collected by such rate or assessment as aforesaid in any one year, such overplus shall be carried on to the credit of the account of the next year's rate and assessment, and shall be applied for such uses and in such manner as the rates and assessments collected are by this Act directed to be laid out and applied, and to no other use or purpose whatsoever.
Mayor, &c. to appoint three assessors annually. Persons appointed not performing the duty to forfeit £5. Recovery. Application.		VI. And be it enacted, That it shall and may be lawful for the said Mayor, Aldermen and Commonalty of the said City, to appoint annually three discreet persons, being freemen of the said City, to act as assessors under this Act, who shall be sworn to the faithful discharge of such duty before the Mayor or Recorder of the said City; and any person so appointed who shall neglect or refuse to accept the said appointment or to become qualified, or having become qualified, shall refuse to perform his duty, shall for each and every neglect or refusal forfeit and pay the sum of five pounds, to be recoverd on conviction before the Mayor or Recorder of the said City, and levied by distress and sale of the goods and chattels of the offender, by warrant under the hand and seal of the said Mayor or Recorder, and paid into the hands of the Chamberlain of the said City, to be applied for such uses and in such manner as the rates and assessments collected under this law, and for no other use whatsoever; and the said Mayor, Aldermen and Commonalty of the said City, may appoint some other person or persons being freemen in the place or places of any person or persons refusing to act, or to become qualified as required by this Act, so often as such shall be the case; which person or persons so to be appointed in the place or places of such person or persons so neglecting or refusing, shall be liable to the same and like penalties for neglect or refusal as the said persons first appointed, to be in like manner recovered, paid and applied, and so on as often as the case may happen.
Collector to pay the money to the Chamberlain.		VII. And be it enacted, That the said collector herein before mentioned to be appointed, shall from time to time as he shall receive the same, pay the money by him collected into the hands of the Chamberlain of the said City for the time being, who is hereby directed to keep a separate book to be by him appropriated for that particular purpose.
To be deemed a public Act.		VIII. And be it enacted, That this Act shall be deemed, adjudged and taken to be a public Act, and be judicially taken notice of by all Judges, Justices and other persons whatsoever, without pleading the same.
Limitation.		IX. And be it enacted, That this Act shall continue and be in force until the first day of April in the year of our Lord one thousand eight hundred and thirty nine.