Wards, as in and by this Act divided, and bounded, in the same manner and at the same times, and under and subject to the same regulations and restrictions as are provided by the said Charter. 2. Repealed by 9 & 10 G. 4, c. 18. 3. Provided always, that the said Charter of the said City, and every clause, matter, and thing therein contained, except as herein and hereby particularized, altered, and amended, shall be and for ever remain in full force and effect, any thing herein contained to the contrary thereof in any wise notwithstanding. 50th GEORGE 3rd-CHAPTER 1. An Act to authorize the Sheriff or other executive officer serving Process at the Parish of Saint Martins, to convey any Prisoner there arrested, to the Gaol in the City of Saint John, by way of the public Road leading through a part of King's County. Section 1.-Prisoners arrested in Saint Martins, where and how to be conveyed. WHEREAS the only communication by land between the City of Saint John, where the gaol of the City and County of Saint John is, and the Parish of Saint Martins in the same County, is by the public road from the said City to the said Parish, which passes through a part of King's County, by means whereof no prisoner arrested at the said Parish can legally be conveyed to the said gaol in any other way than by water, which may be at times more dangerous and inconvenient, as well as more expensive than by the said public road; for remedy whereof, Be it enacted, &c.-1. Any person or persons who may be legally arrested at the said Parish of Saint Martins upon any process, civil or criminal, may be conveyed from thence to the City of Saint John, to be committed to the said gaol there, or for other legal purposes, by the way of the said public road, which passes as aforesaid through a part of King's County, from the said Parish to the said City, as such prisoner or prisoners might have been conveyed in case the said public road passed through the County of Saint John only; provided that in the conveying of any such prisoner or prisoners no other deviation shall take place than resorting to such house or houses upon or near to the said road as may be requisite for rest or refreshment. 52nd GEORGE 3rd-CHAPTER 11. An Act to authorize the Common Council of the City of Saint John to appoint Constables for such Wards of the City as shall omit to choose the same. Section. 1. Constables when not chosen, by whom appointed. 2. When in case of death, &c., Common Council may appoint. Section. 3. When to be sworn, fine on neglect, &c. 4. Qualification of persons appointed. Passed 7th March 1812. WHEREAS by the Charter of the City of Saint John, the freemen and freeholders of the said City, being inhabitants, are authorized and empowered to elect annually one Constable for each of the six Wards of the City: And whereas it has frequently happened that in some of the said Wards no Constable has been chosen agreeably to the provisions of the said Charter ; Be it enacted, &c.--1. It shall and may be lawful for the Common Council of the said City annually to appoint one fit person to be Constable for each and every of the said Wards in which no constable shall have been chosen agreeably to the provisions of the said Charter. 2. If any person appointed to the office of Constable under and by virtue of this Act, or elected to the same office agreeably to the provisions of the said Charter, shall happen to die or remove out of the said City within the time for which he shall be so appointed or elected, or shall refuse to take upon himself to execute the said office when so appointed or elected, it shall and may be lawful for the said Common Council to appoint one other fit person to execute the said office, in the room of such person so dying, or removing, or refusing to take upon himself to execute such office. 3. Every person appointed under and by virtue of this Act shall, before he executes the office of Constable, be duly sworn as is provided by the said Charter in the case of persons elected to the said office; and any person who shall refuse, deny, delay, or neglect to take upon him to execute the said office when so appointed by the said Common Council, shall be subject to the like fine as is provided by the said Charter upon the refusal or neglect of any person to take upon him to execute the said office after being elected to the same; to be imposed or recovered, and levied and collected as in and by the same Charter is provided. 4. The persons who may be appointed to the office of Constable under and by virtue of this Act, for the several Wards in the eastern district of the said City, shall be inhabitants of the Wards for which they shall be respectively appointed, and freemen of the said City; and the persons who may be in like manner appointed for the Wards in the western district of the said City, shall be inhabitants of the said district, and freemen of the said City. 56th GEORGE 3rd-CHAPTER 1. An Act to increase the number of Constables in the City of Saint John. Section. 1. Additional Constables, by whom appointed. Section. 2. What oaths to take, &c. Passed 7th March 1816. WHEREAS in and by the Charter of the City of Saint John, the number of Constables in and for the said City is limited to six, that is to say, one Constable for each Ward in the said City, and that number is found by experience to be greatly insufficient in the present increased state of the population of the said City ; Be it therefore enacted, &c.-1. From and after the passing of this Act, it shall and may be lawful to and for the Mayor, Aldermen, and Commonalty of the said City of Saint John, or the major part of them, in Common Council convened, on the first Tuesday in April in each and every year, to 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, not to exceed the number of twelve, to be Constables in the said City for the ensuing year, in addition to the Constables annually elected and chosen in each respective Ward in the said City under and by virtue of the said Charter. 2. The Constables to be appointed by virtue of this Act, shall take the same oaths, and be subject and liable to the same fines, penalties, duties, rules, ordinances, and regulations, in every respect, and to all intents and purposes, that the Constables so elected and chosen under and by virtue of the said Charter, are by the said Charter directed to take, and are by the said Charter, or otherwise by law, subject and liable unto. 3. If any Constable in the said City of Saint John shall be guilty of any neglect or misbehaviour in the execution of the duty of his office, he shall forfeit and pay, for the use of the Mayor, Aldermen, and Commonalty of the said City, the sum of forty shillings for every such neglect and misbehaviour, to be recovered upon proof of such neglect or misbehaviour, by the oath of one credible witness, before the Mayor or Recorder and any one of the Aldermen of the said City, to be levied by warrant of distress and sale of the offender's goods and chattels, rendering the overplus, if any, after deducting the costs and charges of prosecution, to the offender. 58th GEORGE 3rd-CHAPTER 12. An Act further to provide for the security of the City of Saint John against the ravages of Fire. 1. Width of street &c. and dwelling house 2. When such building deemed a nuisance. &c. on what street &c. to be erected. Passed 11th March 1818. Be it enacted, &c.-1. No street, way, lane, or alley shall be hereafter laid out and established as a public street and highway within the said City, unless the same shall be of the width of fifty feet at least, and no dwelling house, store, or other building of what nature or kind soever, shall be built, erected, or set upon any street, way, lane, or alley, public or private, hereafter to be laid out or thrown open for use within the said City, that shall not be of the width of fifty feet as aforesaid; provided always, that nothing herein con tained shall extend or apply unto, or be construed to extend or apply unto any streets or ways within the said City already actually laid out or thrown open for use, and on which any building or buildings are actually built or erected. 2. Each and every dwelling house, store, or other building that shall or may be erected, built, or set up within the said City by any person or persons whomsoever, on any street, way, lane, or alley hereafter to be laid out or thrown open for use as aforesaid, and which shall be less in width than fifty feet at least as aforesaid, shall be deemed and adjudged a common nuisance. 5th GEORGE 4th-CHAPTER 24. An Act to extend the powers of the Mayor, Aldermen, and Commonalty of the City of Saint John, for preventing the encumbering and filling up of the Harbour of the said City, to the Waters and places of Anchorage in the vicinity thereof. Section 1.-When Corporation may make Bye Laws respecting Roadstead, &c. WHEREAS it is expedient to extend the powers of the Mayor, Aldermen, and Commonalty of the City of Saint John, for preventing the encumbering and filling up of the Harbour of the said City, to the places of anchorage and waters of the Bay of Fundy contiguous or near to the said Harbour and City, and without the limits of the same ;— Be it enacted, &c.-1. It shall and may be lawful to and for the Mayor, Aldermen, and Commonalty of the said City of Saint John, in Common Council convened, and they are hereby authorized and required from time to time as they shall find it necessary and expedient, to make any bye laws, rules, and regulations for preventing the unloading or throwing overboard of any ballast or rubbish in any roadstead, place of anchorage, or waters of the Bay of Fundy contiguous or near to the Harbour of the said City, and without the limits of the said City, or for preventing such roadsteads, places of anchorage, or waters, being in any other manner encumbered or filled up, and to enforce the observance of such bye laws, rules, or |