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application for his discharge to the Mayor, or the Recorder, or Police Magistrate, or an Alderman, or the Common Clerk of the said City; and the said Mayor, Recorder, Police Magistrate, Alderman, or Common Clerk, or any one of them, may grant an order, directed to the Sheriff of the said City and County, requiring him to bring up such confined debtor for examination at such time and place as may he thought fit; and the said Sheriff shall duly obey such order, and not be liable for any action for escape or other suit in consequence thereof.

6. In pursuance of such order the said confined debtor may be examined at the time and place specified in such order, on oath before the said Mayor, Recorder, Police Magistrate, Alderman, and Common Clerk, or any two of them, of whom the Police Magistrate, the Recorder, or Common Clerk, shall be one, and if on such examination it shall appear to their satisfaction that the said debtor is in really indigent circumstances, and unable to pay the amount for which he is confined, or to support himself in gaol, the said Mayor, Recorder, Police Magistrate, Alderman, and Common Clerk, or such two of them as aforesaid, may make an order for the immediate discharge of the said debtor from custody in the said suit, and such debtor shall thereupon accordingly be immediately discharged from such custody, without payment of any gaol fees; provided nevertheless, that no such order for discharge shall be made in any suit unless it be made to appear to the satisfaction of the said Mayor, Recorder, Police Magistrate, Alderman, and Common Clerk, or such two of them as aforesaid, that at least twenty four hours notice of the time and place of the said examination had been previously given to the plaintiff or creditor in such suit, or his agent, or left for him at his present or last place of residence.

7. The said Mayor, Recorder, Police Magistrate, Alderman, and Common Clerk, or any one of them, shall have power to summon witnesses to attend and give evidence at such examination, and shall and may have the same power and authority to issue a summons for the appearance of any person to be examined as a witness at such examination, and in case the same be not obeyed, to issue warrants for the apprehension and commitment of such persons, as are given to and vested

in a Justice of the Peace on any information or complaint before him, in and by the sixth Section of an Act passed in the twelfth year of the Reign of Her present Majesty Queen Victoria, intituled An Act to facilitate the performance of duties of Justices of the Peace out of Sessions within this Province with respect to summary convictions and orders.

8. The twenty ninth Section of an Act passed in the twelfth year of the Reign of Her present Majesty Queen Victoria, intituled An Act in further amendment of the Charter of the City of Saint John, be and the same is hereby repealed.

9 & 10. Repealed by 16 V. c. 37, s. 1.

11. The Deputy Clerks of the several Markets in the City of Saint John, and the Master of the Steam Ferry Boat plying in the Harbour of Saint John, in order to the preservation of the peace and good order in the said Markets or Ferry Boats, shall (during the time they hold the said offices or places) be and they are hereby severally vested (in addition to any power given by the Charter of the said City, or any bye law or ordinance of the Corporation of the said City) with all the powers and authorities vested in the policemen of the said City by any law or statute now in force in this Province.

12. And whereas doubts have arisen as to the power of the Mayor's Court of the City of Saint John to appoint Commissioners to take bail under the provisions of an Act made and passed in the sixtieth year of the Reign of His Majesty George the Third, intituled An Act to authorize and empower the Inferior Court of Common Pleas in the respective Counties of this Province to appoint Commissioners to take Bail in the same Courts;-The provisions of the said recited Act shall be deemed and taken to authorize and empower the Justices of the Inferior Court of Common Pleas for the City and County of Saint John to appoint Commissioners in the said City, or elsewhere in the said City and County of Saint John, to take bail in the said Court in the manner provided by the said recited Act.

13. It shall and may be lawful for the said Police Magistrate, upon complaint of the party aggrieved, to hear and determine by himself alone, summarily, all prosecutions and complaints of common assaults and batteries, in the same manner, and under the same limitations and provisions, and with the same

power and authority as is directed to be done by two Justices of the Peace in respect of such complaints, in and by the seventy fourth, seventy fifth, and seventy sixth Sections of an Act passed in the twelfth year of the Reign of Her present Majesty Queen Victoria, intituled An Act to consolidate and improve the Laws relative to the administration of Criminal Justice; and all fines, penalties, fees, and costs received and collected by the said Police Magistrate in respect of such prosecutions, shall be accounted for and paid over by him to the said Chamberlain, in like manner as is directed in the second Section of this Act, for the use of the said Watch and Police funds.

14. When any person shall be charged with any larceny, or any offence of receiving stolen goods, whenever the value of the property stolen shall not exceed forty shillings, it shall be lawful for the said Police Magistrate, together with any two Magistrates for the City and County of Saint John, forthwith. to hear and determine such offence, and on conviction either by confession or on the testimony of one or more credible witness or witnesses, the said Magistrates are hereby authorized and empowered to commit the offender to the common gaol or Provincial Penitentiary, in the discretion of the said Magistrates, for any term not exceeding six months.

15. The said Police Magistrate shall direct some one of the policemen to be in constant daily attendance at the Mayor's office during office hours, whose duty it shall be to observe and obey all such orders and directions as may be given him by the Mayor or Recorder in respect of the public business of the City.

16. It shall and may be lawful for the Mayor, Aldermen, and Commonalty of the City of Saint John, in Common Council convened, and they are hereby authorized and empowered to appoint such and so many Assessors and Collectors as they in their discretion shall think fit, for the assessing, levying, and collecting of all such rates, taxes, and assessments, as shall from time to time be required to be levied and assessed upon the said City by virtue of any law for raising or assessing any sum or sums of money upon the said City.

17. The Assessors and Collectors appointed or so to be appointed in and for the said City, shall be and they are hereby

made subject and liable to the same rules, regulations, restrictions, penalties, and forfeitures, as the Assessors and Collectors of any Town or Parish in this Province are made liable to under and by the provisions contained in Section second of an Act made and passed during the present Session of the Legislature, intituled An Act to consolidate and amend the laws relating to the local government of Counties, Towns, and Parishes in this Province.

18. The fifth, sixth, seventh, and thirteenth Sections of an Act made and passed in the seventh year of the Reign of His Majesty Williain the Fourth, intituled An Act to provide for the collection of County and Parish Rates, be and the same are hereby continued and declared to be in force, and incorporated with as part of an Act made and passed in the eleventh year of the Reign of Her present Majesty, intituled An Act more effectually to provide for the support of a Nightly Watch and Day Police in that part of the City of Saint John lying on the eastern side of the Harbour of Saint John, and for lighting the same, as also for other purposes, during the continuance of the said last recited Act.

19. It shall be lawful for the Common Council of the said City, by any bye laws or ordinances for such purpose to be passed, to make rules and regulations for the government of the said Assessors and Collectors, and thereby to order and direct the mode in which they shall execute and perform the various duties required of them by law, and to impose such fines and penalties for the better enforcing thereof as they may deem reasonable, not to exceed in any case the sum of ten pounds; provided that no such bye laws or ordinances shall be of any effect which are repugnant to the provisions of any Act of Assembly relating to the subject matter thereof.

20. The said Assessors shall for the purpose of enabling them to obtain information for making such assessments, have liberty to search at the Record Office of the City and County of Saint John, to ascertain the amount of property owned by any person liable to assessment, and the Registrar shall receive for all searches (from such Assessors) connected with any one individual's property, the sum of one shilling and no more, which sum so paid by the said Assessors shall be allowed and repaid them in addition to their commission; provided

always, that such Assessors shall only be permitted to search under the authority of this Act between the time of their appointment and the making of the assessment in each and every year.

21. A bye law or ordinance of the Corporation of the City of Saint John, made and passed on the twenty fifth day of February last, intituled A Law to regulate the election of Aldermen, Councillors, and Constables in the City of Saint John, be and is hereby declared to be good, valid, and effectual in the law, and the same be and is to all intents and purposes hereby ratified and confirmed.

13th VICTORIA-CHAPTER 5.

An Act for the better extinguishing of Fires which may happen in the City of Saint John.

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and how exempt.

5. When entitled to retire.

Section.

7. Members, their powers and duties. 8. What prima facie evidence of stealing. 9. When Sheriff, &c. to resort to fires. 10. Bye laws to compel inhabitants to assist at fires, when and by whom made.

11. Repeal of Section.

6. Bye laws for regulation of, by whom 12. Limitation. made.

Passed 11th April 1850.

Be it enacted, &c.—1. An Act made and passed in the fifty second year of the Reign of His Majesty King George the Third, intituled An Act authorizing the Mayor, Aldermen, and Commonalty of the City of Saint John to make regulations for the more effectual prevention of Fires within the said City; and also an Act made and passed in the fifty ninth year of the same Reign, intituled An Act in addition to and amendment of an Act intituled "An Act to revive and make perpetual an Act authorizing the Mayor, Aldermen, and Commonally of the City of Saint John to make regulations for the more effectual prevention of Fires within the said City;" and also an Act passed in the third year of Her present Majesty Queen Victoria, intituled An Act for the better extinguishing of Fires which may happen in the City of Saint John, and to continue a certain Act relating to the same matter therein mentioned; and also an Act passed in the eighth year of the same Reign, intituled An Act in addition to an Act intituled "An Act for the better extinguishing of Fires which may happen in the City

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