the said Courts, for the penalty or penalties accruing by reason of such breach or breaches thereof, at the suit of the person herein before entitled to sue for the same, by virtue of an order for that purpose to be obtained under the hand of any Judge of either of the said Courts, on proper affidavits being laid before him, satisfactorily establishing the breach of all or any of the provisions aforesaid, which order any one of the Judges of the said Courts is hereby authorized to grant; and in default of giving such bail, such person or persons so as aforesaid ordered to be held to bail shall be committed to prison, or to such other place within the said City and County, in case he or they should be infected with any such infectious, contagious, or pestilential distemper aforesaid, as the said Mayor, Aldermen, and Commonalty of the said City, shall order, to prevent the spreading of such distemper, to await his or her trial.

3rd WILLIAM 4th-CHAPTER 32.

An Act to prevent Nuisances within the City of Saint John, and Parish of Portland in the County of Saint John.

Section.

1. Repealed.

2. Handsleds of coasters to be seized, &c.

Section.

3. Unwholesome dead meats, &c., when seized, &c.

Passed 19th March 1833.

Be it enacted, &c.-1. Repealed by 7 W. 4, c. 21, s. 1. 2. From and after the passing of this Act, no person or persons whosoever shall be permitted to coast or ride down any of the hilly parts of the said City of Saint John, or such parts of the Parish of Portland within the County of Saint John, as may be prohibited by the Justices of the Peace for the said City and County at any General or Special Sessions, on any handsled or sleds, or other vehicle or vehicles; and in case any person or persons whosoever shall be found coasting on any such sled or sleds, vehicle or vehicles, down such hilly parts of the said City or Parish as shall be prohibited by the said Justices as aforesaid, it shall and may be lawful for the Mayor, or any one of the Aldermen or Assistants of the said City, or any one of the Justices of the Peace for the said City and County, or any person or persons to be appointed or authorized

by them or either of them, or any constable of the said City, or City and County, to seize, take, and destroy the said sled or sleds, vehicle or vehicles, on which such person or persons may be found coasting as aforesaid.

3. No person or persons whosoever shall sell or expose to sale any bad or unwholesome dead meats, poultry, or other provisions, within the said City and County; and in case such bad or unwholesome dead meats, poultry, or other provisions, shall be sold or exposed to sale as aforesaid, it shall and may be lawful for the said Mayor, or any one of the Aldermen or Assistants of the City aforesaid, within the said City, or any one of the Justices of the Peace for the City and County aforesaid, within the said County, or any person or persons to be authorized or appointed by them or either of them, to seize, take, and destroy the said bad or unwholesome dead meats, poultry, or other provisions aforesaid.

4th WILLIAM 4th-CHAPTER 8.

An Act to explain the Act for preventing the importation and spreading of infectious Distempers in the City of Saint John.

Section 1.-To what vessels certain Sections of former Act shall extend.

Passed 22nd March 1834.

WHEREAS doubts have arisen whether the second, third, fourth, and fifth Sections of an Act made and passed in the third year of His present Majesty's Reign, intituled An Act to prevent the importation and spreading of infectious Distempers in the City of Saint John, are applicable to the cases of vessels arriving in or near the Harbour of Saint John or in the Bay of Fundy at any other period of the year than between the first day of May and the first day of November in every year ;—

Be it therefore enacted, &c.-1. The prohibitions, restrictions, directions, penalties, and inflictions in the said Sections contained, shall and are hereby declared to be applicable to all cases of vessels arriving in or near the Harbour of Saint John or in the Bay of Fundy during any part of the year, having on board the small pox, yellow fever, or other pestilential or contagious distemper, or coming from any port or place infected with any such distempers, or at or near which any such distempers at

the time of their departure were known or supposed to prevail, or on board of which said vessels any person or persons during the voyage had been sick or had died of any such distempers.

7th WILLIAM 4th-CHAPTER 12.

An Act to provide for increasing the number of Constables in the City of Saint John, and for appointing Special Constables in the City and County of Saint John.

WHEREAS the number of constables authorized by law to be appointed for the City of Saint John is insufficient in the present increased state of the population of the said City, and circumstances may from time to time arise rendering the appointment of a number of special constables necessary ;—

Be it therefore enacted, &c.-1. The Mayor, Aldermen, and Commonalty of the said City of Saint John, or the major part of them in Common Council convened, shall on the first Tuesday in April in each and every year, or so soon after as may be convenient, name and appoint such and so many of the inhabitants of the said City, being freeholders there or freemen of the said City, as they shall see convenient to appoint, not to exceed the number of twenty two, to be constables in the said City for the ensuing year, in addition to the number which may be elected or appointed under and by virtue of the Charter of the said City or any Act of Assembly now in force; which said additional constables shall be subject to the same rules, regulations, pains, penalties, and forfeitures, and liable to the same proceedings under the like circumstances, and in all respects, as the said constables appointed or to be appointed under and by virtue of an Act made and passed in the fifty sixth year of the Reign of King George the Third, intituled An Act to increase the number of Constables in the City of Saint John.

2. If any constable in the said City, whether elected under the Charter, or appointed by virtue of this or any other Act of Assembly, shall be guilty of any neglect of duty or misbehaviour in the execution of his office, the said Mayor, Aldermen, and

Commonalty of the said City, or the major part of them in Common Council convened, shall and may have full power to dismiss such constable from his office, and appoint any other person, being a freeholder or freeman of the said City, in his stead.

3. In all cases where it shall appear to the Mayor or Recorder of the City of Saint John and one Justice of the Peace for the City and County of Saint John, that any tumult, riot, or felony has taken place, or may be reasonably apprehended in the City of Saint John or its vicinity, and such Mayor or Recorder and Justice shall be of opinion that the ordinary officers appointed for preserving the peace are not sufficient for the preservation of the peace, and for the protection of the inhabitants, and the security of the property in the said City of Saint John or its vicinity, then and in every such case the said Mayor or Recorder and Justice are hereby authorized to nominate, appoint, and swear in so many as they shall think fit, of the householders or other persons residing in such City or its vicinity as aforesaid, to act as special constables, for such time and in such manner as to the said Mayor or Recorder and Justice aforesaid shall seem fit and necessary for the preservation of the public peace, and for the protection of the inhabitants, and for the security of the property in the said City and its vicinity; and the vicinity of the City of Saint John shall, for the purposes of this Act, be deemed to include each of the Parishes in the County of Saint John immediately adjoining the said City; and any two Justices of the Peace in the County of Saint John shall under like circumstances have like power and authority to appoint persons residing in the said County to act as special constables for the said County; and the said Mayor or Recorder and Justices aforesaid respectively, shall at the time of such appointment administer to each of the said special constables so to be appointed, the following oath, that is to say :

6

'I do swear that I will well and truly serve our Sovereign Lord the King in the office of special constable 'for the City of Saint John and its vicinity, [or in the County ' of Saint John, as the case may be,] without favour or affec'tion, malice or ill will, and that I will to the best of my power 'cause the peace to be kept and preserved, and prevent all

' offences against the persons and properties of His Majesty's 'subjects; and that while I continue to hold the said office I 'will to the best of my skill and knowledge discharge all the 'duties thereof faithfully according to law. So help me God.'

4. The said Mayor or Recorder and one of the Justices of the Peace aforesaid, in regard to the said City and its vicinity, or any two Justices aforesaid in regard to the said County, shall have full power and authority to remove any such special constable from his office for any misconduct or neglect of duty therein, and may at any time discharge any such special constable from the duties of his office when they shall be satisfied that it is no longer necessary to continue him therein.

5. Every special constable appointed under this Act shall within the said City and its vicinity, or in the said County respectively, have, exercise, and enjoy all such powers, authorities, advantages, and immunities as any constable duly appointed now has within his constablewick by virtue of the common and statute Laws and Acts of Assembly in force within this Province.

6. If any person shall assault or resist any special constable appointed by virtue of this Act, whilst in the execution of his office, or shall promote or encourage any other person so to do, every such person shall on conviction thereof before two Justices of the Peace, forfeit and pay for such offence any sum not exceeding twenty pounds, or shall be liable to such other punishment upon conviction on any indictment or information for such offence, as any persons are by law liable to for assaulting any constable in the execution of the duties of his office; and in case of proceeding for such penalty, the same shall be recovered and levied pursuant to the Act of Assembly made and passed in the fourth year of His of His present Majesty's Reign, intituled An Act to facilitate summary proceedings before Justices of the Peace and the execution of Warrants by Constables, and shall be paid over by the said two Justices into the hands of the County Treasurer of the City and County of Saint John, as a part of the public funds of the said City and County.

7. Repealed by 11 V. c. 30.