Other formats

    Adobe Portable Document Format file (facsimile images)   TEI XML file   ePub eBook file  

Connect

    mail icontwitter iconBlogspot iconrss icon

The Pamphlet Collection of Sir Robert Stout: Volume 47

Second Session

Second Session.

Chap. 24.—Erects a certain part of the Town of Portland into a separate Ward, to be called the Fifth Ward. It will elect 3 councillors.

Supplies.

Chap. 25.—Grants $86,758 for the services of the year—including $25,000 as aid to the sufferers by the great fire, and $10,000 for a Provincial Exhibition and purchase of stock and seed. $500 each are voted to the Deaf and Dumb and Blind Asylums at Halifax, besides $1,250 to the D and D. Institute, St. John. A sum is also voted for plans for new Legislative buildings at Fredericton.

Roads and Bridges.

Chap. 26.—Grants $188,320 for the repair of the Great and Bye Roads and Bridges thereon.

Evidence.

Chap. 27.—In prosecutions for infractions of the Provincial laws, the party accused ed may offer his own evidence, or that of Che husband or wife may be received—but neither is compelled to give evidence.

Marriages.

Chap. 28.—Legalizes such marriages by the Rev. Lorenzo Graham Stevens as are only invalid because he was not, at the time he celebrated them, a British subject.

Chap. 29.—The Circuit Court for the Co. of Sunbury shall be held hereafter on the Tuesday next after the fourth Tuesday in October.

Probate Courts, &c.

Chap. 30.—Provides for the dismissal of an Executor or administrator for malfeasance and the appointment of another in his place. A judge of Probate is not disqualified from acting because he is creditor of the estate for any sum not exceeding $100. A tariff of fees is established.

Parish Courts.

Chap. 31.—A Plaintiff or Defendant must be resident in the Comr's parish, and the plaintiff or defendant, non-resident in a case to allow of trial by a Comr. under Con. Stat. c. 59.

Chap. 32.—Enacts that the Parish Court Commissioner of the Parish of Newcastle in the Co. of Northumberland, appointed under Act of Assembly 39 Vict. Chap. 5, shall continue to exercise during his continuance in such office the powers granted by such Act or by Chap. 59, of Consol. Stat., notwithstanding that there is a Police or Stipendiary Magistrate resident in said Parish. The Civil Court of the said Parish Commissioner shall hereafter be called "The Newcastle Civil Court."

Constables' Fees.

Chap. 33.—If a J. P. finds the fees for service of writ are unnecessarily large, by reason of the employment of a constable living at a distance from the party served, he may reduce the fee for travel to that earned for the distance between defendant's house and the place of return of the writ. 20 cts. is allowed a constable for attending a Jury on a trial.

University Property.

Chap. 34.—All moneys arising from redemption of rents or sale of lands for the university are to be re-Invested in landed security or in Dominion, Provincial or Municipal securities.

School Trustees in Cities and Towns.

Chap. 35.—In cities or towns brought under the operation of Consol. Stat. c. 65, s. 95, the Government may appoint an additional member of the Board of School Trustees, and in that case the city or town council may appoint another. Arrangements are to be made so that one Trustee appointed by the Council retires each year—the No. of yrs. of their incumbency becoming equal, therefore, to the No. of such trustees. Out of every sum of money received for taxes by the Chamberlain or Treasurer of the City or Town, he sets apart and deposits to the credit of the school fund the same proportion as the school vote bears to the total assessment, paying it over from time to time to the Trustees as required by them. The Trustees may grant 3 prizes to each school, but for general excellence not special.

The Trustees of District 10, Shediac, are authorized to raise an additional $1,900 on debentures to finish and furnish the school house.

Polling Places.

Chap. 36.—The polling place for District 1, Parish of Grand Falls, Victoria, is to be at the old Court House, not the new; and in And over, at or near the Court House.

Settlement of the Poor.

Chap. 37.—A penalty of $20 to $100 is imposed on any person bringing a pauper page 119 into a parish where he has no settlement, with intent to make him chargeable thereon.

Municipal Allowances and Revisors.

Chap. 38.—Municipal councillors may receive a travelling allowance of 10 cts. per mile to and from the Council meetings by the most direct line from their houses to be paid but once during a session of the Council. No M. P. or M.P.P., may act as Revisor. If either is a Municipal Councillor, the Council appoints a Revisor to act in his place. The provision of Consol. Stat. c. 99, s 17. imposing a fine of $100 for a false declaration is repealed.

Over-Assessment.

Chap. 39.—If a party has been improperly included in an assessment, or over-assessed without opportunity of procuring a reduction from the assessor or valuators, the Council may, on application, grant him relief.

Lands for Railway Purposes.

Chap. 40.—If a Railway Co. do not apply for a warrant for assessment of land damages within 1. mo. after being notified by the owner to do so he may take proceedings himself, to have the same effect as if such warrant issued on application of the Co. The J. P. issuing the warrant must forthwith notify both parties of the assessment when made; and the Co. must pay the award to the owner and costs and charges to the J.P..—they being taxable by a Judge of the Supreme Court. These latter provisions apply also to assessments already made but not notified or not paid.

Registry of Bills of Sale.

Chap. 41.—Provides that Registrars may grant copies of bills of sale on file in their offices with certificates of filing and the date. They may endorse such certificate also on the original, which makes proof of its contents. Discharges may be acknowledged before the same parties as real estate conveyances.

Immigrant Children and Apprentices.

Chap. 42.—The L. G. in C. may appoint a Guardian for each county to have charge of immigrant children therein with no known parent in the Province; and he is authorized to apprentice them if girls to the age of 18, and boys to that of 21. Harbouring an apprentice, who has left his master without leave, is punishable with a fine of $40.

Corporations.

Chap. 43.—The Prov. Sec. is to receive no fee upon the charters of Literary Association, Mechanics' Institutes, or Temperance Reform Clubs. Their minimum capital must be $200.

Dangerous Lunatics.

Chap. 44.—The City of Fredericton and the County of York must pay the fee of $26 each for dangerous Lunatics sent to the Provincial Asylum,—the justices drawing on the City or County Treasurer for the amt. and forwarding duplicate warrants to them.

Game Preservation.

Chap. 45.—Close time for Moose, Caribou or Deer from 1st January to 1st August. Penalty for killing in that time $10 to $60. Chasing any of them with dogs is forbidden at any time under a penalty of $20—Dogs who chase and wound or kill them may be destroyed by any one. No person or hunting party may kill more than 3 Moose or 5 Caribou or Deer in a season. The flesh must be taken out of the woods in 10 days after killing, except in the latter part of December, when delay is given to the 5th January. To be found with a carcase or part of one in the close season is primâ facie proof of illegal killing; but the accused may rebut it by his own or other evidence.

Close time for Mink, Otter, Fisher, Sable or Beaver, 1st May to 1st September. Penalty for killing in that time 5 to $20. The same rule as above applies to possession of green pelts, &c., or going about with traps, &c The L. G. in C. appoints a Game warden for each County, and he may appoint as many Deputies as are necessary, their duty being to enforce this law. Returns are to be made, and penalties paid over by the Deputies on or before the 1st and by the Warden on or before the 31st of each October, under penalties of $20 for the former and $40 for the latter. The Secretary Treasurer of the County is to be notified of any neglect to do this, and proceed for the penalty. A Provincial Game Comr is to be appointed to have general superintendence of the county officers. County Councils may also appoint Parish Wardens with the same powers as the Deputies. Any Game Officers may require aid from others in the same manner as a Sheriff or Deputy. Of fines received, one half goes to the informer and the other is paid over to the officer prosecuting, to be accounted for. If the informer be the prosecutor the half not falling to him is remitted to the Chief Game Comr. The carcases, pelts or traps may be seized by the officer, and if the party be condemned for the penalty, they are confiscated and sold, the proceeds to be divided as fines. Search warrants may be granted to search for and seize them. Returns are to be laid before the legislature annually by the Prov Sec., and the Chief Comr. makes an annual report.

Close time for Partridge, Snipe, or Woodcock, 1st March to 1st September. Penalty for unlawful killing $4. Killing Wild Duck, Brent, or other wild fowl of the game kind with nets, swivels or punt guns is forbidden under a penalty of $20 to $40. Nets found set for such a purpose may be seized, and on sufficient proof of intent, confiscated by J. P. Penalty for setting them $10 to $20.

Killing Robins, Swallows, Sparrows, and other small and singing birds which frequent gardens, or snaring or capturing them alive or having them in possession, or offering them for sale or destroying their eggs or nests, is declared illegal under a penalty of $1 and 10 cts. ad- page 120 ditional for each bird. But this does not apply to persons capturing them under license of the Prov. Sec. for scientific purposes. And Minks may be captured alive and kept for breeding purposes.

Non-residents of the Province may not hunt or kill any game without a license from the Chief Comr. countersigned by the Prov. Secy, or his Deputy, and lasting from 1st September one year till the same date in the next, for which a fee of $20 is to be paid. For shooting or hunting without a license, or refusing to produce it when required, such person forfeits $20 to $50, besides fee for license and costs of prosecution. Officers of the army and navy are entitled to a license for a fee of $5. Neglect of duty by any officer appointed under the Act is punishable by a line of $10 to $20.

Provincial Debentures.

Chap. 46.—Grants $10,000 for the redemption of Provincial Debentures.

Liquor Licenses.

Chap. 47.—No license is to be granted for the sale of liquors by wholesale or retail in any place where groceries or dry goods are sold, or on premises connected with such shop or store. If any person having a liquor license sells in a place, or a place connected with a shop or store, where groceries, meat, provisions, or dry goods are sold or exposed for sale, his license is made void and he is liable to the penalty for selling without license. All prosecutions under the license Acts must be brought within six months.

Chap. 48.—If any person shall sell Liquors by retail in any store, shop, &c., in St. John, where groceries, meal or provisions are sold he shall be liable to a penalty of $20 to $50 for each offence.

Chap. 49.—Authorizes the Moncton Town Council to grant Tavern Licenses to such persons as deemed proper, to sell liquors by wholesale or keep a tavern. No licensed wholesale dealer shall sell less than one pint, or allow liquors to be drunk on his premises; and no person holding a Tavern or retail License only shall sell more than one quart. All Taverns to be closed at 10 p.m., and during Sundays.

Local and Private Acts.

Chap. 50.—Incorporates, as the Chatham Driving Park Association, R. Bain, Hon. Wm. Muirhead, D. T. Johnston, D. G. Smith, J. Johnston, J. Saddler. Wm. Murray, Hon. Wm. M. Kelly, ana L. J. Tweedie, with power to hold and dispose of real and personal estate, borrow money on mortgage or other security, &c. Capital $1,800 in 90 shares of $20 each, with power to increase to $3,600.

Chap. 51.—Incorporates the Chatham Dutcher Temperance Reformers Temple Co. to procure and hold a Public Hall and Club-room in Chatham, Northumberland, value of real estate not to exceed $20,000. Capital $5,000 in 1,000 shares of $5 each, with power to increase to $8,000; Wm. Murray, Wm. Sinclair, Donald McLaughlin, wm. Johnston, Ephraim Strang and Wm. Muirhead, Jun., are Directors of said Co.

Chap. 52.Declares "The New Brunswick Odd Fellows' Hall Co." to be an existing corporation with all rights and powers incident thereto, and those specially granted by the Act to incorporate the New Brunswick Odd Fellows Hall Co.

Chap. 53.—Incorporates as the Mt. Pleasant Hotel Co., R. Reed, J. T. Reed, F. A. Jones, and C. N. Skinner, to hold real and personal estate in the City and County of St. John as they may require. Capital $10,000 in 2,000 shares of $50 each. When 100 shares of the stock shall have been subscribed Co. to be organized.

Chap. 54.—Authorizes the "Saint John Gas Light Co." to issue 20 years' 6 p C. debentures or certificates of debt, for sums of not less than $500, not to exceed $60,00 in all, and to be a lien upon the property of the Co. In St. John. The Act 8 V., c.—s. 6 is repealed.

Chap. 55.—Incorporates, as the St. John Temperance Reform Club, O. R. Rav, C. H. Fairweather, T. King, T. B. Barker, and R. Titus, to continue as members of said corporation till others re appointed. All the property of the Club is vested in; said trustees. They may raise upon mortgage, of the real or personal estate of the Club, money for the purpose of erecting buildings for its use.

Chap. 56.—Changes the name of "The Trustees of the Marsh Bridge Baptist Chapel" to that of "The Trustees of the Leinster Street Baptist Church in, the City of St. John." The Trustees are empowered to borrow money upon the real estate held by them, and apply it to the erection of buildings for the purposes of the Church.

Chap. 57.—Amends the charter of the Highland Park Co.; at least 20 p.c. of the lands of the Co shall be given to the corporation of Portland for a public park, and at least 5 acres reserved for church and educational purposes. If said park is not bonâ fide commenced and $10,000 expended in the purchase of lands and improvements by 8th April, 1879, the charter lapses for non-user.

Chap. 58—Incorporates, as the Hillsborough Masonic Hall Co., Wm.Irving, R.E. Steves, J. Scott, C. P. Warman. G. B. Willitt and J. A. Beatty. They may acquire and hold real and personal estate at the town of Hillsborough, and may erect a hall or other building there, and will sell property held by said Co., and; may borrow money on mortgage; capital, $5,000 in 500 shares of $10 each.

Chap. 59.—Amends the charter of the Saint John Acadamy of Music Co., authorizing the Directors to sell their; lands in the city of St. John and building materials thereon, the proceeds to be divided among the shareholders pro ratâ.

Chap. 60.—Incorporates, as the York & Carleton Steamboat Co., C. E. Hill, M. Doherty, J. Anderson, J. K. Pinder, G.W. Boyer, J. McGaffigan and others for the purpose of plying one or more Steamboats on the River St. John. Capital page 121 $15,000 in 750 shares of $20 each, with power to increase to $20,000.

Chap. 61.—Incorporates, as the St. John Relief and Aid Society, the Mayor and Aldermen of St. John for the time being, S. Z. Earle. W. H. Tuck, J. A. Harding, G. E. King and others. All moneys and goods subscribed in aid and for the relief of sufferers by the fire of 20th June, 1877, are vested in said corporation.

Chap. 62.—Incorporates, as the Sr. John Law Society, win. Jack, Q, C., D. S. Kerr. Q,. C., J J. Kay, Q, C., C. Doherty. A L.Palmer, Q C., Barristers and Attorneys of the supreme Court of the Prov of N.B., having their offices in the city and county of St. John, for the purpose of procuring and maintaining a Law Library in said city, with suitable rooms in connection therewith. Annual subscription $10. A member upon payment of $100 shall become a life member. Society may borrow money at 6 p.c., repayable in 10 yrs, to the extent of $5,000 for the purchase of a Library.

Chap. 63.—Authorizes the County Council of Northumberland to assess upon the Fire District of the Town of Chatham, a sum not exceeding $200 in any year for erecting and repairing Engine Houses, for purchasing or repairing fire apparatus to be collected as other Parish rates, and to be paid to the Fire wards.

Chap. 64.—Defines Northern Side line of Queen's Square in the City of St. John.

Chap. 65.—Authorizes the inhabitants of Saint Mary's Village in the County of York, to assess themselves for protection against fires and for procuring a supply of water.

Chap. 66.—Authorizes the School Trustees of District No. 2, in the Parish of Newcastle, Northumberland, to sell a lot situate in said Parish, and to apply the proceeds towards other school purposes.

Chap. 67.—Authorizes the County Council of York to issue debentures to the amount of $11,000 of 6 p c. debentures, for the purpose of taking up the debentures to the sum of $10,000 issued by said Municipality, on 1st August, 1858, under the authority of 30 V. c. 66.

Chap. 68.—Declares certain lands in the Parish of Welford, Kent, vested in the Trustees of St. Andrew's Church, Richibucto, in connexion with "The Presbyterian Church in Canada," and authorizes them to lease or sell said lands, and appropriate or invest the proceeds for the benefit of said church.

Chap. 69.—Authorizes the Corporation of St. John to purchase or pay for improvements, on award of appraisers, on lots of land owned by said Corporation in that part of the city lying on the eastern side of the harbour upon the expiration of any lease having a covenant for renewal thereof, or payment for improvements. Said Corporation may borrow money from time to time, for the purchase of and payment for such improvements, the whole not to exceed $30,000.

Chap. 70.—Authorizes the municipality of the County of York to sell and dispose of lands in the Parish of Canterbury for school purposes only.

Chap. 71.—Authorizes the County Council of Carleton to give $1,000 to aid the sufferers by the St. John fire and to issue debentures to raise the money.

Chap. 72.—Empowers the Chief Engineer of the City of St. John to appoint and displace all officers and members of the Fire Department for that part of said city, lying upon the eastern side of the harbour. Corporation of the city can make by-laws, ordinances, &c., for the government of the Fire Dept. and enforce discipline.

Chap. 73.—Authorizes the Bishop of Fredericton to sell certain lands in the Parish of Canterbury, in York, and invest the proceeds for the benefit of the Parish.

Chap. 74.—Further amends an Act to incorporate the Town of St. Stephen.

Chap. 75.—Makes provision for the maintenance of the Highways in the Parishes of Simonds, Saint Martins, Lancaster and Musquash, in the City and County of Saint John.

Chap. 76.—Authorizes Robert R. Call and John C. Miller to erect a Telephone between Newcastle and Indiantown, in North umber land.

Chap. 77.—Authorizes the County Council of Madawaska to exempt capital In-vested, during the next 10 yrs., in that County, in mills and factories, from taxation.

Chap. 78.—Authorizes the Municipal Council of King's to exempt banking institutions from taxation within that County for a period not exceeding 10 yrs.

Chap. 79.—Authorizes the Rector, Church Wardens and Vestry of Christ Church in the Parish of Fredericton to sell lands in the Parish of New Maryland, in York, and on King street, Frederiction.

Chap. 80.—Authorizes the Corporation of St. John to assess in the present year upon that part of said city lying on the eastern side of the harbour, the sum of $20,000, in addition to amount already ordered to be assessed.

Chap. 81.—Authorized the Revisors of Electoral lists for the Parish of Acadieville, in Kent, to make a list of electors for that Parish for the year 1878.

Chap. 82.—Amends the Act Incorporating the Town of Moncton, in reference to the collection of taxes.

Chap. 83.—Forbids burials in the old Burial Ground in Carleton Ward, Fredericton, after the 1st August, 1878, page 122 under penalty of $400. The land purchased by the Fredericton Cemetery Co., in King's Ward, in said city shall be exempt from all taxes.

Chap. 84.—Enables the Trustees of the German Street Baptist Chapel in Saint John to mortgage certain property situate on the north-east corner of Germain and Queen Streets in said city.

Chap. 85.—Authorizes the City Council of Fredericton to exempt the property and income of joint stock companies or individuals establishing any manufacturing or industrial enterprise, within said city, from taxation for 15 yrs.

Chap. 86.—Authorizes the Town of Moncton to contract with the Moncton Gas Light and Water Co. for water and gas for a term of years.

Chap. 87.—Directs the Revisors of Electors Lists for the Parishes of Madawaska to prepare a list of qualified voters for the election of a member of the House of Assembly.

Chap. 88.—Authorizes the Town Council of Moncton to borrow money for the construction of public buildings, and to aid in the construction of sewers.

Chap. 89.—Further amends the law for the better prevention of Conflagrations in the City of Sr. John, repealing the Act of the 35th Victoria.

Chap. 90.—Authorizes the Corporation of Fredericton to issue $20,000 of 6 p. c. debentures for the purpose of taking up the railway debentures issued by said corporation under authority of 34 v., c. 41.

Chap. 91.—Amends the Act authorizing the erection of a Boom across the Jacquet River, in Restigouche, by authorizing the parties named to transfer the rights bestowed upon them.

Chap. 92.—Incorporates "The St. John and Maine Railway Co." with G. Wedd, A. Wark, F Giles, D. W. Hill, A. G. Thomson, S. L. Tilley and E. R Burpee as directors. Capital, £550,000 sterling, in 5,500 shares of £100 sterling each.

Chap. 93.—Revives and amends the Caraquet Railway Co. charter; said railway to be commenced within 5 and completed within 8 yrs from 18th April, 1878; K. F. Burns, M.P.P., P. C. Ryan, M.P.P., J. E. O'Brien, J. W. Lowe and others, are declared to be corporators.

Chap. 94.—Incorporates, as "The Albert Southern Railway Co.", Wright, E. Copp, C. Anderson J. A. Smith, A. McRae, and others. Capital $150,000, in shares of £50 each, with power to increase to $250,000. The lands and property of said Co. used for Railway purposes shall be exempt from local taxation for 10 years after completion of Railway. Road to be commenced within four and completed within six years.

Chap. 95.—Revives and amends the charter of the Northern Railway Co. It is to be commenced within six and finished within ten years.

Chap. 96.—Amends the charter of the New Brunswick and Canada Railway Co., and declares and defines the rights of holders of various classes of debentures and mortgages.

Chap. 97.—Revives the charter of the New Brunswick and Prince Edward Railway Co.; said Railway to be commenced within 4 and completed within 5 years.

Chap. 98.—Incorporates, as "The Harvey Branch Ry. Co.", S. Turner, G Vernon, C. A. Peck, J. W. Stevens, W. Robinson, and others. Capital $60,000, in shares of $50 each, with power to increase to $100,000.

Chap. 99.—Incorporates, as the Saint Andrews and Saint Croix Ry. Co., C. M. Gove, T. T. Odell, C. E. O. Hatheway. and others Capital $50,000, in shares of $25 each, with power to increase to $75,000.

Chap. 100.—The Saint Martins and Upham Railway shall be completed within one year from 18th April, 1878.

Chap. 101.—The name of "The Petitcodiac and Elgin Branch Ry. Co." is changed to "The Elgin, Petitcodiac and Havelock Ry. Co." It may continue its line to a point at or near Havelock Corner, in King's County. It may borrow money on mortgage bonds or debentures, to amount of $40,000.

Chap. 102.—Provides for the lease or purchase of a suitable building, farm and lands in the vicinity of the Town of Bathurst for an Almshouse and Workhouse, to be vested in "The Almshouse Comrs. of the Parish of Bathurst." If a building is erected its cost is not to exceed $3,000. The County Council is authorized to assess the Parish for that amount.

Chap. 103.—Authorizes the corporation of St. John to borrow, upon 40 years 6 pc.: debentures, $30,000 to be applied in restoring property of civic departments destroyed by the fire of 20th June, 1877.

Chap. 104.—Upon the completion as a Gaol of the building now being erected at Edmundston, Madawaska, the L. G. may by proclamation, fix a day on and after which the portion intended to be used as a Gaol, shall be the common Gaol for said County.

Chap. 105.—No person may vote at a Civic Election in Saint John, unless he has not only paid all taxes &c., for the current year, but all arrears of previous years.

Chap. 106.—Authorizes the L G. in. C. to establish a Board of Health for Moncton. to consist of 5 residents of the town. The provisions of ss. 36, 37, 38, 39, 40 and 41 of Consol. Stat, c. 104 apply to said Board of Health.

Chap. 107.—Authorizes the corporation of St John to issue new 20 yrs' 6 p.c. debentures to amount of $18,000 to retire those page 123 issued under provisions of 30 V., c. 24, for the extension of St. John street, said corporation may also borrow upon debentures $3,000 for the equipment of a salvage corps.

Chap. 108.—Fixes the annual salary of the Police Magistrate of the Town of Portland at $1,400.

Chap. 109.—Authorizes the corporation of St. John to extend Canterbury Street, from St. James Street to Britain Street, and borrow money therefor on 40 yrs' 6 p c. debentures.

Chap. 110.—Authorizes the City Council of Fredericton to raise $6,000 on debentures, for the erection of a permanent Exhibition Building, for next Provincial Exhibition and levy a rate or assessment, not exceeding $1,000 yearly, for the purpose of payment.

Chap. 111.—The sole power of establishing and maintaining Ferries across the River St. John between Portland and Lancaster is vested in a Board of 5 persons, to be known as the Indiantown and Lancaster Ferry Comrs., a constituted body corporate and politic for the purpose. The 2 Councillors representing Lancaster in the County Council shall be ex-officio members of the Board; the Town Council of Portland shall elect 2 members, and these 4 shall agree upon a 5th.

Polling Places.

Chap. 112—Provides additional polling places in Shediac, Dorchester. Salisbury, Horton and Botsford, in Westmoreland; in St. Mary's, Kent; in Shippegan, Gloucester; in Brighton, Carleton; and in Sussex, Kings'. And, an election occurring before new lists are made up in the usual form, the sheriff furnishes the presiding officers, with such list of Voters. There is to be but one polling place in Wellington Ward, St. John.

Chap. 113—Authorizes J. E. Whittaker, Trustee under the last Will and Testament of Charles Whittaker, deceased, to convey a lot of land on the south side of King Street, Saint John, by way of mortgage, to secure the repayment of moneys loaded to him for the purpose of erecting buildings thereon.