IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I m. 125 122 1^ IH 2.2 lAO 2.0 I Nil l.25||||,.4 pj^ < 6" ^ > Photographic Sdences Corporation •SJ \ ;\ iV \ 4 i\ 33 WIST MAIN STRUT WUSTIR.N.Y. MSaO (716) S72-4S03 '^ CIHM/ICMH Microfiche Series. CIHM/ICIVIH Collection de microfiches. Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductions historiques Technical and Bibliographic Notes/Notes techniques et bibliographiques Tha< to thi The Institute has attempted to obtain the best original copy available for filming. Features of this copy which may be bibliographically unique, which may alter any of the images in the reproduction, or which may significantly change the usual method of filming, are checked below. □ Coloured covers/ Couverture de couleur I I Covers damaged/ D D D D Couverture endommagAe Covers restored and/or laminated/ Couverture restaur^ et/ou peliiculte I I Cover title missing/ Le titre de couverture manque □ Coloured maps/ Cartes gAographiques en couleur Coloured ink (I.e. other than blue or biaclc)/ Encre de couleur (i.e. autre que bleue ou noire) □ Coloured plates and/or illustrations/ Planches et/ou illustrations en couleur Q Bound with other material/ ReliA avec d'autres documents D Tight binding may cause shadows or distortion along interior margin/ La re Mure serrde peut causer de I'ombre ou de la distortion le long de la marge IntArieure Blank leaves added during restoration may appear within the text. Whenever possible, these have been omitted from filming/ 11 se peut que certaines pages blanches ajoutAes lors d'une restauration apparalssent dans le texts, mais. lorsque cela Atait possible, ces pages n'ont pas ^x6 fiimAes. Additional comments:/ Commentalres supplAmentaires: L'institut a microfilm^ le meilleur exemplaire qu'il lui a Ati possible de se procurer. Les details de cet exemplaire qui sent peut-Atre uniques du point de vue bibliographique, qui peuvent modifier une image reproduite. ou qui peuvent exiger une modification dans la mithode normale de fllmage sont IndiquAs ci-dessous. I I Coloured pages/ D Pages de couleur Pages damaged/ Pages endommagies Pages restored and/oi Pages restauries et/ou pelllculies Pages discoloured, stained or foxei Pages d6color6es, tachetdes ou plqu^es Pages detached/ Pages d6tach6es }■'''-■ Showthrough/ Transpa7ence Quality of prir Qualiti inigale de I'lmpression Includes supplementary materii Comprend du materiel suppl^mentaire Only edition available/ Seule MItion disponible I — I Pages damaged/ I I Pages restored and/or laminated/ r~n' Pages discoloured, stained or foxed/ I j Pages detached/ r~> Showthrough/ I I Quality of print varies/ r~l Includes supplementary material/ I I Only edition available/ The I possi of th filmii Origi bogir the sion. other first sion, or illi Thai shall TINU whici Mapi differ entirt begin right raquii methi Pages wholly or partially obscured by errata slips, tissues, etc.. have been ref limed to ensure the best possible image/ Les pages totalement ou partiellement obscurcles par un feulllet d'errata, une pelure, etc., ont 6X6 filmies A nouveau de fapon A obtenir la meilleure image possible. This Item is filmed at the reduction ratio checked below/ Ce document est filmt au taux de reduction indiquA ci-dessous. 10X 14X 18X 22X 26X 30X n/ 12X 16X 20X 24X 28X 32X The copy filmed her* has b««n raproducad thanks to tha ganarosity of: New Brunswick Museum Saint John L'axamplaira filmA fut raproduit grAca A la gAnArositA da: New Brunswick IMuseum Saint John Tha imagaa appearing hara ara tha baat quality possible considering the condition and legibility of the original copy and in keeping with the filming contract specificationa. Las images suivantas ont AtA reproduitas avec la plus grand soin. compta tenu de la condition et da la nattet* de I'exemplaira film*, et an conformity avec las conditions du contrat da filmage. Original copiea in printed paper covers are filmed beginning with the front cover and ending on the iaat page with a printed or iiluatratad imprea- sion, or the back cover when appropriate. All other original copiea ara filmed beginning on the first page with a printed or iiluatratad imprea- sion. and ending on the Iaat page with a printed or iiluatratad impraaaion. The iaat recorded frame on each microfiche shall contain the symbol -^ (meening "CON- TINUED"), or the symbol V (meaning "END"), whichever applies. Les exemplairaa originaux dont la couvarture en papier est imprimte sent filmte en commenpant par la premier plat at en tarminant soit par la darniAre page qui comporte une empreinte d'impression ou d'illustration, soit par la second plat, salon la cas. Tous les autres exemplaires originaux sont f llmAs 9n commandant par la pramiAre page qui comporte une empreinte d'impreeaion ou d'illustration at an tarminant par la darnlAre page qui comporte une telle empreinte. Un dee symboiaa suivanta appara?tra sur la darniAre image de cheque microfiche, selon le caa: la symbols -^> signifie "A SUIVRE", le symbols ▼ signifie "FIN". Mapa. platea. charts, etc., may be filmed et different reduction ratios. Those too large to be entirely included in one expoaure are filmed beginning in the upper left hand corner, left to right and top to bottom, as many framea aa required. The following diagrams illuatrata the method: Lea cartea, planchaa, tablaeux, etc., peuvent dtre filmta A dee taux da rMuction diff^rants. Lorsque le document est trop grand pour Atra raproduit en un seul clich*. il est film* A partir de I'angle sup4rieur gauche, de gauche A droite, et de haut an baa, en prenant la nombre d'imagea nAcaaaaira. Las diagrammes suivants illustrent la mAthoda. 1 2 3 1 2 3 4 5 3 ■:«iai|lpiP!«=**p^'^pppB» , ■Mx 3'. AN ACT TO INCORPORATE i THE CITY OF FREDERICTON, IN THE III PROTZXrOl 07 XrSW BHUV^'WlOZy PASSED iK)TH MARCH, 1848. i|: V .^' **■ % r FREDERICTON: PRINTED BY JAMES P. A. PHILUPS. 1 848 -»*^ ••fVr ■^'>.. 5'/ c -«'i». AN ACT m TO INCORPORATE THE CITY OF FREDERICTON. 'W y^HEREAS an innirovcnieiit in ihe Local Govennnent of Frederic ton is deemed necessary ,' I. Be it therefore enacted by the Lieutenant Governor, Legislative Council and Assembly, That from and after the passing of this Act all the Inhabitants of that part of the Parish of Fredericton which is bounded and described as follows : — Beginning on the northeasterly bank or shore of the River Saint John, in the northeastwardly pro- longation of the lower boundary line of the Parish of Kingsclear, thence extend to and along the said boundary lino of the Parish of Kingsclear southwestwardly until it intersects the northwesterly ex- tremity of the northeasterly boundary of a tract of land heretofore granted to William F. Odell and associates, thence along the said last mentioned boundary and its prolongation southeasterly to intersect the upper or northeasterly boundary line of the County of Sunbury, thence along the said boundary line of the County of Sunbury north- easterly uiuil it intersects the northeasterly bankor shore of the River Saint John above mentioned, and thence along the said bank or shore along the line of high water mark northwesterly or up stream to the place of beginning, shall be a City Corporate, in right and in name, by the name of The City of Fredericton, and shall have perpetual succession and a Common Seal, with power to break, renew, and later the same at j)leasure, and shall be i:apable in Ijaw of suing and :/ 'I -w—w^^r heiiig sued, and ul' puivliu^int,' uiul lioldiiij; iuiids and tenements for tliR U3U of the snid Inhabitants, and of making and entering into such contracts anil a^reenionis as may l»c necessary for the exercise of their Corporate functions, and to do and oecuii; every other matter or thing incident to such Corporation, subject to the regulations here- after provided. II. And be it enacted, That for the purposes of this Act and the better govennncnt of the said City, it shall be and is hereby divided uito five Wards, which biuill be known, distinguished, bounded, and described as follows : — The first Ward to bo known anil distiniiuished as Wellington Ward, and to be bounded on the northeast, the northwest, and the southwest, by the northeasterly, northwesterly and southwesterly hounds of the Citv, and on the southeast bv the centre of Northunw berland Street and the prolongation of a line drawn along the centre of the said street northeasterly and southwesterly to the northeasterly and southwesterly bounds of the City. The second Ward to be known and distinguished as Saint Ann's Ward, and to be bounded on the northeast and southwest by the northeasterly and southwesterly bounds of the City, on the north- west bv Wt'llington Ward, and on tin- southeast by the centre of York Street and the prolongation of a line drawn along the centre of tl>e said street iiortln-asterly and southwesterly to the northeasterly and southwesterly bounds of the said Citv. The third Ward to be known and disiingui.-5hed as Carleton Ward, and to be bounded on the northeast and southwest by the northeast- •irly and south westerly bounds of the City, on the northwest by Saint .Ann's Ward, and on the southeast by the centre of Kegent Street and the prolongation of a line drawn alo.ig the centre of the said street northeasterly and southwesterly to the northeasterly and southwesterly bounds of the City. The fourth Ward to be known and distinguished as Queen's Ward, and to be lK>unded on the northeast and southwest by the northeast- erly and southwe«t«rly bounds of the City, on the northwest by Carle- ton Ward, and on the southeast by the centre of Church Street and the prolongation of a line drawn along the (Centre of the said street northeasterly and southwesterly to the northeasterly and southwesterly tK)\md9 of the City. The fifth Ward to be known and distinguished as King's Ward, to he bounded on the northeast, .southeast and southwest by the nortb- pasterlv, southeasterly, and '•ou'hwcstcrly bounds of the City, and on Uu- northwest by Queen s Ward 3 \\\. And be it enacted, That tlm administration of the Fiscal, Prudential, and Municipal affairs, and the government of the said City shall be vested in one principal Officer, who shall be and be styled the Mayor of The City of Fredericton, and nine other persons who shall be and be styled Councillors of The City of Fredericton, to bo severally elected as is hereinafter directed ; and such Mayor and Councillors for the time being shall be and be called the Council of the said City ; and all By-laws made by the said City Council shall express to be enacted by " The City Council of the City of Frede- ricton." IV. And be it enacted. That the City Council shall annually elect and choose for the said City, from persons possessing similar qualiOca- tions to the Councillors, three Officers, to be called the Assessors for the said City. V. And be it enacted. That the first Election after the passing of this Act, of the Mayor and Councillors of the said Corporation, shall be conducted and made in manner following, that is to say : — The Sheriff of the County of York, by himself and his sufficient Deputy or Deputies, by him named for that purpose, eliall within sixty days after the passing of this Act, appoint a day and place for the Elec- tion of two persons to serve in the City Council for each Ward, whereof he shall give notice in the public Newspapers published in Fredericton, and by Advertisements in the several VVards for ten days previous thereto, and shall, agreeably to such notice conduct such Elections ; and all the male inhabitants ol the age of twenty one years, who shall have resided in the said City for at least two years then next preceding, and being British subjects, and each of whom shall actually and within the Ward for which he shall vote, then be and for two months previously have been actually, and in his own right, the bona fide tenant and occupier under some tenure not less than a tenancy for one year, or bona fide owner and occupier in his own right of an entire and separate dwelling house, or an entire and sepa- rate warehouse, counting house, field, wharf, ofilce, shop, or other tenement, severally of the bo7ia f'U: rent or yearly value of fifteen pounds currency or upwards, and ;r.ll have been rated in the said City, to poll, road rate and rate for rclt-jf of the poor, to the amount of twenty shillings currency in the whole, and shall have paid such rates which have fallen due within three calendar months next before the day of the said Election, or each of whom shall actually and within the Ward for which ho shall vote, have been for the time and under the tenure aforesaid, in like manner the bona fide tenant and occu- pier, or bona fide owner or occupier of some share, part, or interest in some dwelling house, warehouse, counting house, field, office, shop, or other tenement, the bona fide yearly value or rent of his own prO' I 'I: I I > 4. i v^4 portion whereof sljall be lifieen pounds rurieiicy and upwards, and ^l)all liuve Ijccii nued and pnid in the said City all road rates and rates lor the rvVwf of the poor to the amount of not loss than twenty siiillings currency in the whole, and shall have paid such rates which have fallen (hu- within three ealendar months next before the day of the said Election, or each of whon> shall aciuailv and within the Ward for which he shall vote have been for the time the bona fide owner of real or personal property ol the dear value of one hundred pounds currency or upwards, and shall have been rated and paid in the said City all rates for the roads or ilie relief of die poor, to the amount of twenty shillings in the whole, (and no other persons) shall be entitled to vole at the said Klcction for such Councillors in the said Wards, respectively ; and that the Slioiitr, in ra*^'' no scrutiny be demanded, shall iiuiuediatelv return to the Olliee of the Secretary of the Province the names of the persons havini; the majority ol votes at the said Election ; and the said Secretary, by iheautliority of His Excellency the Lieutenant Governor or Admini>trator of the (iovernment for the time bein;;. shall cause the said return to be published in the next Royal Gazette, and the persons so returned by the SherifTas having the majority of votes shall he deemed and held to be the Councillors of the said Wards, respectively : and the said Councillors shall, as soon as may b«j convrnieut after such publication, assemble at the County Court House in the T'-iiy of Frederieton, and having chosen a Chairman, shall then and there by a majority of votes, by way of ballot or otherwise, as they may think proper. Elect one fit and pro- per person out of their own body to be Mayor of the said City ; pro- vided that all the necessary expences incurred for holding the said first election shall be paid out of the City funds : Provided always, that all the said first Elections of Councillors shall take place on the same day and hour in all the several Wards ; and that the said first Elections of Councillors shall be conducted by open voting in public, in manner practised in the election of Members of the Assembly, and that any person whose rit;ht to vote thereat shall be (piestioned at the timeofofTerini; his vote shall lake the following oath, Ix'fore the presiding Officer shall receive or take down bis vote, which the presiding Officer is hereby authori/ed to administer, that is to say : — " I do solemnly swear, that I have resided in Frederieton for two years or upwards, now next preceding, and that I am of the a'je of twenty one years, and am a Uritish subject, and am duly (jualified to vote at this Elec- tion, w ithin this Ward," and the presiding Officer, before administer- ing the said raih, shall distinctly rt'ad over tlie (jualification required by the Act for every such |)erson so claiininlete, nor intil such fcrmably id Asses- >eclively, uid Oath or elect Supreme n of two Hinoillors iforiisaid, J entered of Office fiaw. for p pointed, and that I am seized or possessed for my own use ol Heal or Fer- xonal Kstate, or both, in the City of Frodericton, over and above all legally recordj^d incumbrances, of the value of poiiiuls. and have |»aid all Kates and Taxes therefor, to the amount of , (as the oHico may be) and that 1 have not fraudulently or collusively obtained the same or a title to the same, for the purpose of qualifying myself to bo appointed or elected to the said oiiico, or any other office in the said City, and I do swear that I will diliifently, fuitlifully, and impartially, anil to the best of my ability, discharge the several duties which appertain to the said office of , while I hold the same, " so help me Cod ;" and into which Oath shall be filled in the fore- j^oing blanks, before beiug sworn to the title of office, and the sum of monev requinul bv this Act, as the (pialificaiion of the officer making the Oath." X. And be it enacted. That no person being of Holy Orders, or being a Minister or Teacher, duly licenced by any denomination of Christians in this Province, shall be (pialifif-d to be elected a Coun- cillor of the said City, nor shall any one be qualified to be elected a Councillor of the said City, who shall not i)e seized or possessed of Kcal or Personal Estate, or both, to the anioniit of £500, over and above all legally recorded incumbrances, and shall have been Assessed, in respect to all Rates for the relief of liic poor, road, and other Rates, and shall have paid such rates to the amount of two pounds ten shil- lings, which have fallen due and payable one month previous to the day of Election, or during such time as ho shall hold any office or place of profit, r»her tnan that of Mayor, in the gift or disposal of the said Council, or duiing such time as he shall have directly or indi- rectlv by himself or his partner, any share or interest in any contract or employment with or on behalf of the Council ; provided that no person shall be disqualified from being a Councillor as aforesaid, by reason of his being a proprietor or shareholder of any Company which shall contract with the Council for lighting or supplying with water, or insuring against fire any part of the said City. . , XI. And be it enacted. That the Councillors of the said City of Kredericton, at the periods hereinafti r appointed, shall be chosen by the majority of votes of such persons only being inhabitant house- holders within the Ward for which such Election shall be had, as shall severally be possessed and be actually in the occupation as the bona Jiik tenant and occupier at the time of the Election, and for not hiss than two months next before such Election, of an entire and separate dwelling house within the said Ward, of the actual and bona fide yearly rent or value of fifteen pounds or upwards, or of some share, part, or interest, in some dwelling house within the said Ward, the bona fide yearly rent or value of which share, part, or 10 tHterest, shall be filieen pounds, or upwards, held by iheni, respec- tively, in freehold or for a term o( years, or for a lemi not less than ohe year, and who shall have been resident within the said City du- ring two years or more previous to any such Election, and part of a dwellin<; house in which an inhubitant shall reside as a househokier, and not as a boarder (>r lodger, and having a separate communication with the street, and bi'ing in every respect distinct and separate from any part of the same or any other house, shall be considered a dwel- ling house within the njeaning of this enactiiuiit ; provided always, that when and so soon as any lalcor rates, assessment or assessments, •shall be paid for the roads, or the relief of the poor, by and under the authority of this Act, or otherwise, no such inhabitant householder shall be entitled to vote at the Klection of Councillors as aforesaid, unless he shall have been rated to and in respect of the rates or as- sessments laid as aforesaid, and shall have paid his rates and assess- ments in full, to the amount of twenty shillings, which fell due one month before the time of such Klection, of which j.aymont the evi- dence shall be the receipt of the 'Triasurer or the Collector of Rates, produced at the time of voting, if re(juired, and then lodged with the R^'turning Officer of any such Election ; and jirovided also, that after any such rale or assessment shall have been laid as aforesaid, ev»'ry male person, though not a householder, who shall have been rosidenl in the said City during two years next preceding any such Election of Councillors, and who shall have been the bona fide tenant and .'Kcupier. or the owner and occupier in his own right, of any Warehouse, Counting I1oum% or Shop. (Xlice, Eield, or Wharf, of the bona fide yearly rent or value, of .Clo, or upwards, or who shall have been the bona fide tenant anil occupier, or the owner and occupier, in his own right, of any share, part, or interest in some Warehouse, Counting House, or Shop, ( Xlice, Field, or Wharf, the bona fide yearly rent or value of wliich share, part, or interest, shall be £15, or upwards, within any of the Wards of the said City, during twelve months next preceding, and at the time of such Elec- tion, and shall have been lated for not less than one year in the said City for any such rate or assessment as afoiesaid, and shall have paid such rates to the amount of twenty shilling* in njanner aforesaid, shall l)e entitled to vote at the Election of Councillois to be had in the Ward in which such premises shall he '.ilualed ; and provided also, that no such inhabitant limiseholder, or occupier of a Warehoiis'.', Counting House, or Shop, Oliice, l''ield. or Wiiarf, or share, part, or interest therein aforesaid within the said City, shall he entitled to vote at any such Election of Cuu.icillors unless he shall have paid tlio amount of ;«ll rates and assessments within the said City of ^'re(^ericton, that may have been due and pavable by him one month before the hold- BUg of any such F'.lection, of which payment the evidence shall be II the receipt of the VAty Treasurer or Oollector of Rates, produced, if required, at the time of votinj;, and then lodged with the Returning Officer at any such Election. XII. And be it enacted, That on the last Monday in March, which will be in tlie year of our Lord one thousand eight hundred and forty nine, and on the same day in every succeeding year, the inha- bitant householders, and persons qualified to vote as aforesaid, shall openly assemble in the several Wards aforesaid, and elect from the persons qualified to be Councillors such and so many fit and proper persons to be City Councillors for each of such Wards, respectively, or so many as shall be required to sujjply the places of those who shall then go out of office. XIII. And be it enacted, That the Election of Councillors to be had as aforesaid on the last Monday in M-irch, which will be A. D. 184i), and all subsequent Elections of Councillors to be had under the provisions of this Act, shall after notice as hereinbefore prescribed in regard to the past Election, be held at convenient places in the said several Wards of the said City, and shall respectively be held by and before such of the Councillors of the said City, as may by the Mayor of the said City for the time being be appointed, or in the case of vacancy in the office of Mayor, by the Councillors of ih.; ?aid City. XIV. And be it enacted, That at Elections of Councillors as aforesaid, the Poll shall be opened at INine o'clock in the forenoon, and shall continue open till Five o'clock in the afternoon of the same day, and the name of each elector voting at such Election shall be written in Poll Lists to be kept at such Election, by the officer or person holding the same, and after finally closing the Poll at any such Election the officer or person by whom the same shall be held, shall forthwith proceed publicly to declare the number of votes given for each candidate or person for whom votes shall have been taken, and shall declare the person or persons having the majority of votes in his or their lavor, to be duly elected as aforesaid ; and if there should be at the final closing of the Poll as aforesaid, an equal num- ber of votes polled for two or more persons, it shall be lawful for the ofliccr or person holding such Election, and he is hereby required, whether otherwise qualific'd or not. to give a vote for one or other of the persons having such equality of votes, in order to give a majority to one of them and determine the election ; and the Poll Lists kept at such Elt'ciion, shall, by the officers or persons holding the same, be delivered within three days after the conclusion of every such Election, to theCleris of the City, to remain in his office, where they shall be open to inspection by any elector, on the payment of the fee of one shilling ; provided that in case of a scrutiny being demanded, every ^-■'■■■'-'^•^^^^^^'^^ vucli scrutiny, il persi'veieil in, >l>all be tinally ilotcnnined by the Cily Council, by the jiidi^inent o( tiie Councillors elect, or any llireo ofthein whoso Kloctions aro not disputed, and who shall have power to hear witnesses on oath, and to appoint a Ciiairnian with right to vote, and ifneod be. to pivo a raslln;; vote : provided that no vote shall be scru- tinized but tliose marked as iia\ ini^ Iteen sworn, and that such scrutiny or scrutinies shall be proceeded in on the day next after the close of the said Elections, and thenceforth, day by day, withoui intermission, (Sundays, Christmas Day. and (Jood Friday excepted) until all of the said scrulinit's, in rotation, if more than one, shall be determined, no one scrutiny beino; allowed to eni;a(;e more than two days; and pro- vided also, that the Keturnini; or Prcsidini; Odirer shall in the case oi all after the hr^t, iiiakn the same n^turns to the C'ity Council, as is hereinbefore directed to be made? by the Sheriff to the Secretary's Oflice in the case of tin; first Klection. and tin; City C'ouncil shall thereujKm ii*. every case publish such returns innnediately iherc- nfter. XV. And be it enacted. That it shall be the duty of the Pre- •Jiding Oliieer at any Ward meelin«; for lln; El(>(li(>n of Odlcers or for any other purpose now or hereafter to be appointed, and they shall and are her''by declared to have full power and authority to preserve orfler and d'-corum. and to <;iippres-; r\ll rioloii";. tumultuous, and dis- orderly eomluri tlicriMn. and lor that purpose to call lo his aid any Constable or other Peace Otiieer. ami also to command the aid and as- sistance of any person or persons wh) may be present, and any Peace OlBeer or other person nc<:lectin^ or nfusini; to atford >-hali for the time beini:. have the power and authority of a Justice of the Pence, and shall have authority to cause any person or peiNons who shall be guilty of any riotous, tnmultunu-;. or disorderly conduct at any such mei'tini; to be taken ii\to (Mi«;fody an, make oath to the particidgn of I.i and icru- itiny !0 of sion, the , no pro- case as is his qualilication, an^ that lie lias not bi fori! voted at sucli Election, in manner liereinbefore provided, which oath llie officer or person holding,' such Election is hereby authori/,ed anj^l required to administer,, and which oath shall be in the form following ihat is tosav : — " I, A. B., do solemnly swear, that I am u British subject, that 1 have resided in this City for two years or upward now next preced- ing, and am qualified by l^aw to vote at this Election, and have not voted before at this Election within this Ward. So help me God." And in every case the Presiding Oflicer shall note in his Poll Book, that the voter was sworn, aud which of the said qualiticaiions and the nature of tenure he swore to. XVIII. And be it enacted, That if any person shall knowingly swear falsely as to any of ihe particulars of his alleged qualilication, or if he shall knowingly swear falsely in taking any or either of the oaths prescribed by this ,\ct, he shall be deemed guilty of wilful and cor- rupt perjury, and sutler the pains and penalties provided by Law, in cases of wilful and corrupt perjury. XIX. And be it enacted, That all Oflicers of the City, who, by the provisions of this Act, shall go out of office, shall be capable of hnmediaie Re-election, if then (pialifieil. XX. And be it enacted, That ii at any Election of a Councillor or Councillors as aforesaid any person shall be elected a Councilloi for more than one Ward of the said City, he shall, within three days after notice thereol, make his option, or, on his default, the Mayor of the said City .'hall declare for which one of the said ^Vards such pei-son shall serve as Councillor, and thereupon such person shall be held to have been eltrteil in that Ward only, and in no other; and another Election shall lhereu|)ou be helil in the Ward for which such person shall not elect to serve as in other cases of extraordinary vacancies. X^l. And be it enacted, That on the last Monday of March, A.D., 1849, and in every succeeding year, or as soon thereafter as the leturns of the MiMuhers elect shall be complete, the Members of the said Council shall elect a reputable inhabitant of the said City to be, and who shall be called Auditor of the said Citv of Fredericton, whose dutio.s shall be defined by the By-laws of said Corporation, and every such Auditor shall continu<' in office until the first Monday of April, in the year following his Election ; provided always, that no Member of the said Council, nor the Clerk, nor the Mayor of the said City, shall be capable of being elected an Auditor as aforesaid. XXll. .Xnd be it enacted, That if any extraordinary vacancy shall occur in the office of Councillor of tho said City, after the first Elec- tion of such officers to be had ai aforesaid., the persons qualified in \ 11 vote, shall, on a day to bo lixod by tbe .Mayor, (such day not beiii;; later than ten days after i«iich vacancy) Llect from the pt-rsons qual- ified to fill such onicc, another ))ersoii duly (|uahfied to (ill such vacancy ; and such fcLlection shall be held, and the voting; or other j)i"ocee(lings be conducted in the same manner, and subject to the same provisions as are hereinbefore enacti.'d, with respect to the Elec- tions of the like Olliccr, to be had as afon-said, and every pei-son so elected shall hold such odice until the period at which the person in the room of whom he shall have been chosen would, in the ordinary course, have gone out of oHice, when he shall go out of ollice. XXllI. And be it enaicd, That every person duly (jualified who shall be appointed or elected to the ollice of Mayor, ('onncillor, Au- ditor or Assessor of the said City, shall accept the oflice to which he shall have been so appointed or elected, or shall in default thereof pay to the Treasurer of the said (Jiiy. to and for the use of the said City, a fine as lollows, that is to say : Kor (he non-acceptance of the olHce of Councillor, a line of five pounds ; for non-acceptance of the oflice of Auditor or Assessor, a fine of thri-e pounds ; and for non-acceptance of the otiice of Mayor, a fine of ten pounds ; and the election to any of the said ofiices shall be held prima Jiacic evidence of (|ualification on the part ef the person ap- pointed, unless such j)erson shall make oath before the Mayor, who is hereby authorized to administer such oath, that be is not possessed of the (jualifieation lor the oilice ro(|tiire(l by this Act, in some particular or jiarticulnrs to be statril in such oath, and every such fine, if not duly paid, shall be levied under the authority of the Warrant of any Justice of the l*eacc having jurisfliction within the said City, who is hereby re(jnired, on the application of the said Council of the said City to issue the same, by distress and sale of the goods and chattels of the person so refusing to accept such oflice, w itii the reasonal)le charges of such distress : and every person so elected shall accept such oflice by taking the Oath of Allegiance, and Oath of Oflice hereinbefore mentioned, within four day; after the notice of his Election, and in default thereof shall be liable to pa\ the line afore- said, as for his non-acceptance of such oliice, and such ollice shall lhereu|X)n be deemed to be vacant, and shall be filled up by a new Election, to be made in the m;uiner hereinbefore prescribeai«l Cily, ami uHollier lit ptTsoij, iiui being a nioinbor ol the ^uid Couiit.il. and noi being C'iiy Clfik. to bo TreasiiiLT of the buiil City, a Cily JVIursiiall or llii,'li Constable of the said Ciiy, and two Constables lor eacli Ward, and which said Cily Marshall or High Constable and Con- stables, respmlivelN , sliail he duly sworn, belore the Mayor, to the due execution ol the duties of their otiice, and have all tlie power and authority vested by Law in any Constable of the County ol York ; one or more la person or pt-rsons, not being of the Coun- cil, to be Clerk or Clerks of the Alarkels of the said City, and one Survevor nf Hi'diwavs. Streets, and Bridges, and one or more Collector:? of Kates for said ('ily, one or more Pound Keeper or Pound Koe))ers for the said City, and such other ollicers as they may think necessary, to enable ilieni to carry into execution the powers vested in ilieni by this Act, ami to prescribe and reyulate the duties of all such ollicers, resj>eciively, and at their ])leasur«i to remove any such ollicer and ait[)oint anotlier in his place; and the said Council siiall take such s«!curity for the due execution of the oflices of Citv Clerk, Treasurer, or other oflicer as they shall think proper, and shall and ma\ grant and alter in each and every year to tlie City Clerk, ami other oflicers to be aj)pointed as aforesaid, such salary, allowance, or other compensation for their services, as they may think fit. provided that no person shall be capable of acting as Cily Trea^mir until he shall have been sworn before the Mayor, laithlully to peH'orrii the duties of his office as Ijcreinl eloiv pivscrilx'd, nor until he shall have executed a bi«>d lo tile City t)f Freilericton. with two suflicient sureties to he appi'ovetl by the City Couneil. in such sum as the Council shall pn^cribc, conditioned for the faithlid pedonnance of the duties of his ofiic*' in such fonn as the 3Iayor may apprt>v>', or any By-law rtM|uire. XXVlil. And be it enacted, That the Trcjisurer of the said City, shall not pay any monies, in his hands as such Treasurer, otherwise than upon an order in writing of the Council ol the said City, signed by llie Major, or lu lii-^ absence bv the presiding Councillor, and countersigned by the Clerk of the Cny. XXIX. And be it eiiactwl, That the said City Treasurer shall receive all Kates, Taxes, and .Vssessments, which shall be levied or imposed upon, or payable by the iidiabitants of said City, in the manner and with all the jKJwer and authorities now vested by Law or exercised bv llif Treasurer for the County of York, in that |)art of the Parish of p'rederict(j:i herein incorporated, under and by virtue ol tlie several Acts of Assembly now in force, and shall be entitled to njceive such compensation by way of Salary or Commission as the (.-'ouncd of the said City shall from time lo tune allow. 17 I'll each Con- u the Duwei ly ol OUIJ- aiid more )or or ihev the XXX. And be it enacted, That the Clerk, Treasurer, and other Officers of the said City, appointed by the Council as aforesaid, shall, respectively, at such times during their continuance in office, and also within three months after tliey shall respectively cease to be in office, and in such manner as the said Council shall direct, deliver to the said Council, or to such person as they shall authorize lo receive the same, a true account in writing, of all matters committed to their charge, by virtue or in pursuance of this Act, and also of all monies which shall have been by them respectively received, by virtue or for the purpose of this Act, and how much thereof shall have been paid and disbursed, and for what purposes, together with proper vouchers for such payments ; and every such officer shall pay all such monies as shall remain due from him, to the Treasurer for the time being, or to such person as the said Council shall authorize to receive the same, and if any such officer shall refuse or wilfully neglect to deliver such account, or the voucher relating to the same, or to make payment as aforesaid, or shall refuse or wilfully ne- glect to deliver to the said Council, or to such person as they shall authorize to receive the same, within three days after being thereunto required by the said Council, all books, documents, papers, and wri- tings, in his custody or power as such officer aforesaid, then and in every such case or complaint made on behalf of the said Council, by such person as they shall authorize for that purpose, of any such refusal or wilful neglect as aforesaid, to any Justice of the Peace for the dis- trict or County wherein such officer siiall reside or be, such Justice of the Peace shall be, and is hereby authorized and required to issue a Warrant under his hand and seal, for bringing any such officer before any two Justices of the Peace for sucli district or County, and upon the said officer not appearing, or not being found, it shall be lawful for the said Justices to hear and determine the matter in a summary man- ner, and if it shall appear to such Justices that any monies remain due from such officer, such Justices may, and they are hereby authorized and required on non-payment thereof, by Warrant under their hands and seals, to cause such monies to be levied by distress and sale of the goods and chattels of such officer, and if suflicient goods and chattels shall not be found, to satisfy the said monies and charges of distress, or if it shall appear to such Justices that such officer has refused or wil- fully neglected to deliver such account, or the vouchers relating thereto, or that any books, documcnis, papers, or writing, which were or are in the custody or power of such officer in his official ca- pacity, have not been delivered as aforesaid, or aro wilfully withheld, then and in every such case, such Justices shall, and they are hereby required to commit such ofiender to the conunon Gaol or House of Correction for the district or County where such offender shall resid« 18 or be, there to remain without bail, until he shall have paid sucb monies as aforesaid, or shall have made satisfaction to the said Coun- cil, or until he shall have delivered a true account as aforesaid, i gelher with such vouchers as aforesaid, or until he shall have deliverti up such books, documents, papers and wrilinj;, or have given satisfac- tion in respect thereof to the said Council ; provided always, that na person so con)mitied, shall bo detained in prison for want of sufficient distress only, for a lon^'er spare of time than three calendar months ; provided also, that notliin;^ in this Act contained shall prevent or abridge any remeily by action against any such ofiicers so ofiending as aforesaid, or against any surety for any such officer. XXXI. And be it enacted. Tliat the Treasurer of the said City shall, in hooks to he kept for that purpose, enter true accounts of all sumsof .Mioney by him received and paid as surh Treasurer, and of the several matters for which such sums shall l:avf been received and paid, and tnc books containing tlir said acroiuits. sber, in the year in which the said ,\u(iitor sliall have been elected and named, and il the said Aeeounts shall be found to be correct, the Auiiitor shall certify the same to be so, and after the said accounts shall have been so examined and audited in the monllT of iVovember in every year, the Treasurer shall make out in writing, and cauent, shall preside, and in case of his absence, such Councillor as the members of the Council so assembled shall choose to be Chairman of 19 d sucfi Coun- aid, t eliverti atislac- tliat no ufficienl nonths ; jvent or nding as aid City ts of all tl of the nd paid, asonable uncillors with all May and Auditor the said St day of of oftice, )eing ex- year pre- ay to the hall have found to i after the he month' II writing, ihe year, ite-payers easonahle tho said ihe mem- and mat- Council ; »i less than If the said ity, if pre- illor as the tiairman of »ny such meetings, shall preside at the same, and in case of an equality of votes, the Mayor or Chairman presiding shall have a casting vote. XXXIII. And he it enacted, That there shall be, in each year, (our Quarterly Meetings of the said Council, which shall be held on such days, in each and every year, as shall be provided by any By-law in that behalf; and the said meetings shall not, at any one time, be held for a longer period then three successive days in which Sunday shall not be included. XXXI v. And be it enacted, That it shall be lawful for the Mayor of the said City to call a special meeting of the said Council when and as often as be may deem it proper, after three days previous notice thereof; and in case flic said Mayor should refuse to call any such meeting after a re(iuisition for that purpose, signed by three or more members of the said Council, it shall be lawful for such three or more members to call a meeting of the said Council after three days previous notice, which notice shall specify the business for which the proposed tneeting is to bo held, and shall be signed by the members ; and in all cases of such special mectiiigs as aforesaid, a sunmions to attend the Council, specifying the business to be transacted at such meetings, and signed by the City Clerk, siiall be left at the usual place of abode of every member of the said Council three days at least before such meetings. XXXV. And be it enacted. That ihe Minutes of the proceedings of all nicLliiiirs to be held as aforesaid, shall be drawn up and fairly entered in a book to be kejit for that purpose, and shall be signed by the Mayor, ur Councillor pri'siding at such meeting ; and the said Minutes shall be open to the inspection of all persons qualified to vote at the Election of Councillors, on payment of a fee of one shilling, and the said meeliiigs shall be held with open doors. XXXVI. And be it enacted. That it shall be lawful for the said Council to appoint from and out of the members composing such Council, such and so many Committees consisting of such number of persons as they may think fit for the better transaction of the business before such Council, and for the discharge of such duties within the .scope of their |K)wers, as may i)y the said Council be ))rescribed, but subject in all tilings to the approval, authority and controul of the said Council. XXXVII. And be it enacted. That the said City Council, in addi- tion to the powers specially conferreil in this Act, of making By-laws for the good govermiient of the said City, and the other powers inci- dent thereto, by the provisions of this Act, shall, in the manner here- inafter mentioned, have full power and authority from time to time lo make, ordain, revise, alter, amend, administer and enforce such law, 20 as they may deem proper for the several purposes following, that is to say : First, to regulate and mana{;e the market or markets and to estab- lish and regulate market days and fairs ; to regulate the place and man- ner of selling and weighing butcher's meat, hay, straw, fodder, wood, lumber, and fish ; to restrain and regniutt! the |)nrrliase and manner of selling of all vegetables, fruit, country produce, poultry, and all other articles or things, or animals exposed for sale or marketed in the open air: to restrain and regulaio the purchase of any such things by hucksters and runners living within the City and one n)ilo distant from the outer limits thereof; to regulate the measurement, length, and weight of coal, lime, boards, and other lumber, shingles, lath, cord wood, and other fuel, and to impose penalties for light weight or short count or measurement in anything marketed ; to have the exclu- sive right of regulating weights and measures in the markets and within the said City, according to the lawful standard, and to seize and dis- troy such as are not according to the standard ; to regulate all vehi- cles, vessels, and other things in which any thing may be exposed for sale or marketed in any street or public place ; to seize and distroy all tainted and unwhoh.'some meat, poultry, fish, or articles of food. Secondly, to regulate the la(lin«r and unlading of vessels and other craft arriving at the said City ; to impose and collect such reasonable dues thereon as may be necessary ; t(i regulate and provide for the erection and rent of wharves, piers, (piays, and docks, in the said City, and the toll to bo paid for vessels or steam boats touching there- at, and to prevent the filling up or inciunhering tin; river Saint John within the iitnits of the said City, or impeding the free navigation thereof, and to regulate tht! ferries. Thirdly, to regulate the assize and pric«' of bread, antl to provide for the seizure and forfeiture of bread baked contrary thereto ; to regulate carters, waggoners, and cart men, the price to i)e paid them for hauling loads in the said City, and ilie rpiantity comprising a load. Fourthly, to enforce the due observance of the Sabbath ; to prevent vice, immorrality and indecency in the streets or other public places, and to preserve peace, health and g;;iilatc the cxainiiiati 'ii f liicm at fires ; t) regulate the coiKhirt anil cnf.irce the assistance nf the inhahitants at fires, and the prtservati n ol pMperty thereat ; t.» make rej^ulations f r the supprcssi n «f fires and the pullini; d \vn til'- i:u '" ■;. .y. tM'.sai)', pr>d% by Public AuctioD within the said City, and to impose by such iiy-Iaws such fines not exceeding five pounds, and such imprison- ment not exceeding tiiirty days, as they may deem proper for enforcing the same ; and provided, that not more money in the whole tliaii 'vtj hunched pounds shall in any one year be assessed or levied on, or li'* collected or raised from the said City by anthority of the City Council, for any purpose which the said City •^"ounoil may not be am' orized b) \ii»ne of the power now vested iii tli« Justices of the I'lice for the C'winity of York, and by this Act tr«nsferred to the 'jaid City Council, and thai if for any pur|V)se the City Council shall dot m a I ir^^or amount to be rc(juisi'te or proper, the said City Council shall ni ike ;i;>plication to tli'> Lieutenant Governor, or the Administrator of the Gttveriiftont for tl o tiin( bein^, and the Executive Council of th',' I'lovince, for leave to increase such p Mount, who shall thereupon have power by an order fioui time to >*' in such application to be madi- and |v -sed, to auihorizo tin City Council to assess or levy o.i, or colK -i and raise from lb'' said v 'y, Q further siun for the obj''et and purposes expressed in the n!>plicai -^-n of the City Council in that behalf, and which shall be expressed a said order, not to exceed five hundred pounds additional ; ae-; pro- vided, every siuh aiiplieation shall be passed in the Cit) ouncii by a majority of the Board present on the occasion and ti ; the number of the INIejubers of the City Council then present who >hall have voted furauch application be'i,' made, shall be at least iix : • d provided, every such iNlember sh; ,1 have signed in the record ^ said City Council's proceedings the Resolution passed in fa\ of making such application, and shaP al^o sign the applicntion u m therefore made to the Governor a d Council as aforesaid. XXXI X. Provided always and dc it enacted. That a copy / every 13v-law, to be made by virtue of this Act, whi h is inten« i to bo in force for a longer period thai, twelve ninnths, hall be trar mittrd with all convenient speed, after the making . :iereof, to Governor of this l*rovince for the time being; and it shall be lawi for the said Governor, by and with he advice of the Kxecuti. • Council of tliis Province, within one month from and after the receipt of such copy, to disallow any such I]\ -law, and such disallowance shall, without delay, be signified to the Mayor of the said City, and thenceforward sueh By-law shall bf. voi'' and of no effect ; provided also, that all By-lawa repugnant to any Law of the Land, or to any Act of the Legislature of this Province, s- all be null and void ; and no By-law shall have any force or effect for i longer period than twelve months after the making thereof, unless thf same shall have been made, and shall be so transmitted as aforesaid, and then approved, or until after the said one month without disapproval. 24 XL. And be it enacted, That from and after the passing of this Act, all power and aulhority granted to ihe Justices of the Pcz'^' for the County of York, to make By-laws, Rules or Regu- lation ^ upon any suhjcct, and for any purpose whatever within the said City, shall bo deenud vostod exclusively in the sai 1 Council, as fully to all intents and purposes as if the authority aforesaid had been particularly vested in the said Council ; provided always, that notiiing herein contained shall have the effect of repealing any such By-law, Rule or Regulation, until the said Council shall expressly declare si jh repeal, so far as it rfci.-'tes to the said City, by a By-law. XLI. And be it enacted. That when the said Council shall make a By-law for the extini^uisliing of Fires and the establish- ment of an erticicnt Fire l\)lioo, the operation of any Law of the Province relating to the extini;uishmeiit of Fires in the said City shall cease and be of no effect, save only the right and interest, debts and claims of any person or persons incurred or induced by the aulhority in any such Law contained, or the power therein granted ; but such Law shall be. and is hereby continued until the making of such Jiy-law ; Provided that all property, engines, buckets, hose, and fire apparatus, previously purchased by the Fire Wards of Fredericton for the use of the inhabitants, shall be deemed to be the property of the Corpt)ration. XLII. And be it enacted, That the City Council, if they shall think fit to do so, shall apitoint a Recorder for the said City, being Barrister of the Supremo Court of New Brunswick, of at least three years standinij. whose duty it shall bo to afford log?,! advice and assistance to tiio Mayor, Coimcil, and otli'T Oflicers t>f the said City, in the p(?rfomiance of their respective duties, and in the business of the Police, when occasion shall require such advice therein, and the said Recorder shall hold his f>fTire (lnrin<: "ood behaviour, and shall re- ceive a salary not exreeding £,'M), from the City fimds, in lieu all fees ; provided that no person shall have any authority to act in or hold the said offic(\ until his election and apjiointmrnt shall be ap- proved by ilie (iovernor of the Province, in the maimer herein di- rected, in the case of Mayor, and after suc!i approval, until he shall have been sworn before the said Governor, or in his absence, the Chief Justice or any other the Justices of the Supreme Court, or the Secretary of this Province, faithfully to perfonn the duties of his office. XLI II, And be it enacted, That all Licences not hereinbefore provitied for, which are now by I^aw rerjuired or appointed to bo granted for any purposes within that part of the Parish of Fredericton btreby incorporated, shall be granted by the Mayor and any two o of If the tegu- the |cil,as had (ways, Igany shall City, shall blish- of the City tcrest, (MJ by lerein until n twines, )y the hall be 26 Councillors of the said City, and the duties and fees thereupon pay- able shall be paid into the City Treasury, and the same shall form part of the City funds. XLIV. And be it enacted, That the Mayor and Recorder, when appointed, and the Councillors of the said City, shall be ex officio Justices of the General Sessions of the Peace for the County of York, and as such shall severally exercise all the powers of Justices of the Peace for the County of York can exercise in the said Gene- ral Sessions or any Special Sessions. XLV. And be it enacted, That the Mayor and Recorder, when appointed, shall be severally ex officio Judges of the Inferior Court of Common Pleas for the said County. XLVI. And be it it enacted. That all the officers of the said City shall be remunerated by fixed salaries, to be adjusted, settled, and fixed, from time to time by the said City Council, and all fees of any nature or kind which may be paid to or received by any officer of the said City, for any act, matter, and thing done by him in virtue of such his ofllce, shall be paid over to the City Treasurer, and form part of the funds of the said City, save and except any fees paid to or received by the Mayor or Recorder, when appointed, as a Justice or Justices of the Inferior Court of Common Pleas for the County of York, which shall he retained by the said Mayor or Recorder. XLVII. And be it enacted. That all lands, tenements, heridita- ments, goods, chattels, or effects belonging to King's College, any other ecclesiastical or charitable Corporation, or to any Church, Cliapel, or place of public worship, or Her Majesty, her heirs or suc- cessors, or the Provincial Government, or any department thereof, and all shares or stock in any Banking or Insurance Company, or other joint stock company owned by any person or persons not resident in the said City, shall be exempted from taxation under the authority of this Act. XLVIII. And be it e.iacted, That the Sheriff of the County of York and such and so many of the Coroners of the said County, as shall be resident freeholders or householders in the said City, shall be respectively Sheriflf, and Coroner, or Coroners of the said City. XLIX. And be it enacted. That the Register of the County of York shall be ex officio Register of the said City. I J. And be it enacted, That the common Gaol of the County of York shall bo deemed and taken to be the common Gaol of the said City. LI. And be it enacted. That the Treasurer of the said City shall from the City funds contribute and pay to the Treasurer of the Coun- r I 2« ty of York, annually, or at such times and in such manner as may be agreed upon, between the said City Council and the Justices of the Peace for the County of York, the fair proportion of the expen- ces attendant upon the administration o*" Justice in the said County, which the said City shouhl pay, tht.' amount thereof when adjusted nnd res^ulaiod shall not exceed the proportion tiiat the population of the Cily hears to tiie population of tlie County. LIl. And be it enacted, That the lands vested in the Justices of the Peace for the Comity of York, by an Act made and passed in the ninth year of the rci;:;n of Her .Majesty (^iieen Victoria, intituled " An Act reiatinj; toan exchange of l.ands in Fredericton.with the Ordnance Department," for the tid always that such Cily Council shall have no power to appropriate the piece or parcel of the Hospital lot, so called, to any other purpose than a market, nor to dispense with the conditions and covenant'^ with rer;ard to the erection of brick or other buildings on the six town lots of the said land, leased upon such covenants. lAU. And be it enaeted. That notwithstanding!; any licence here- tofore (granted by the Justices of the Peace for the County of York to any person or persons, the said City Council shall have full power and authority to impose such loll and to exact such rent for any ferry now or hereafter establisluMl across the IViver St. John opposite to the said Citv, as tiiey may deem advisable ; provided that nothing herein contained shall be construed to extend to interfere with the ferry granted to Kini^'s College or to authorize the imposition of any toll or rent thereon. LIV. And be it enactod, That any balance of the Fredericton Improvement Fund, so called, now remaining in the hanfis or under the control of the Commissioners appointed by the Kxecutive Govern- ment to expend the Batno, shall be paid over to the Treasurer of the iti 27 lay of Jen- ny, Med of of the An mce fom- ^hall said City, for tlie use of the said City, as j-oon after the appointment of the said Treasurer as may be. LV. And be it enacted, That from and after the passing of this Act all the lands, tenements, or heriditaiiients granted to any person or persons, or body politic, for, or resiTved for the use of the inhabitants of Fredericlon, or by any Law tieclared to be vested in any person or persons for the use of the said Cily, sliall be and become vested in the said Corporation for the use and purpose of the original grant or reservation, and all the rents, issues, and profits thereof shall enure to the said Corporation ; provided always that nothing herein contain- ed shall be construed to affect the rights of t()e Queen or her heirs and successors, or any person or persons deriving his or their interest therein or thereto from Her Majesty or Her Royal Predecessors, and all grants and assurances of any of the said land by Her Majesty or Her Royal Predecessors to any person or persons, or body corporate, shall be deemed valid and effectual, notwithstanding the said original reservation thereof, and any laws relating thereto shall continue in full force and effect in the same manner as if this Act had not been passed. LVI. And be it enacted, That the said City Council shall have power to assess the City of Fredcricton, for all the purposes and objects which the General Sessions of the Peace for the County of York, or any Special Sessions, or any other person or persons now have power, to assess that [)art of the Parish of Fredericton herein Incorporated, by any fiaw specifying such purpose in addition to the power conferred by this Act, provided that the said Justices of the General Sessions shall iiave no power of assessment within the said City for any purpose whatever ; and fiutlier provided that nothing in this Act contained shall be construed to extend to prevent the collec- tion of any issessnient previously made upon the inhabitants of the said City. liVM. And be it enacted. That all appeals from the assessment of Rates, authorized and to be made in the City of Fredericton, by and under the authority of this Act, or of any other Act of the Ge- neral Assembly, insteail of being made to the Court of General Ses- sions of the Peace for the County of York as is prescribed by the several Acts in force relating to assessing und collecting County and Parish Kates, shall lu'reafter be made to the City Council in the same manner and under the like direction as are now by Law provided. LVHI. And be it enacted. That it shall be the duty of the City Assessors, once in each year at least, or oftener, if required so to do, to make, under the direction of the City Council, and upon the re- 28 iiuisilion of the City Clerk, an assessment of the value of the pro- perty in each Ward, in the manner now |)rescribed by Law for the assessment of the l*oor and Coiuily Rates, and shall return such assessment to the City Council, in thirty days after the receipt of the said requisition ; and that the said Assessors, or any two of them, to be appointed by the said Council, siiull thereupon forthwith pro- ceed to make up llie assessnuMit books for tlie City from the returns of the Assessors in the manner now recjuired to be done. IA\. And be it enacted, That the City (Council shall have full power to grant Licences to Innkeepers, within the said City ; and also Licence for the sale of Liquors of any kind, in all cases wherein the Court of Sessions for the County of York, or any Special Sessions, or any Justice or Justices of the I'eacc have heretofore been autho- rized to grant Licences, and the said City Council shall be vested with all the power that Justices are vested by any Law in force for tile purpose of enforcing any Ittiles or Kegulatioiis made to govern Innkeepers, and to conipel the attendance of witnessts, and in grant- ing such Licences it shall be lawful for the City Council to annex thereto such reasonable coniiilions in regard to time and place and other circumstances under wliicli such Licence shall be acted upon, as in their judgment the peace, quiet, and good order of the City may retjuire ; and also to take Bonds of all persons so licenced, in reasonable sums, and with sulTicient sureties, to be ap|)roved by the Mayor of the City for the time being, conditioned for a faitliful com- pliance with the terms of their said Licences, and of all Laws and Regulations respecting the subject of such Licences ; and the said City Council, after the granting of any sucli Licence, shall have power to revoke or suspi'ud the same, if. in their jmigment, the order and welfare of the said City require it ; and any person or persons who shall sell Ijiquors of any kind wiihin the said City, wit' mt having first obtained a Licence therefor, or in any manner c.iitrary to the terms of the saiil Licence, or after the same shall have been re- voked or suspended, such person or persons shall be Ibble to the same penalties and forfeitures, and be proseciUed in the >5ame nanncr as now by Law jirovided in such rase ; and shall also be taken and deemed to have forfeited their Bonds respectively given as aforesaid, upon which suits may be instituted against sucii Licenced persons or their sureties, at the discn lion of the said City Council, in such manner as they may direct for the purpose of enforcing such forfeitures ; and that all Iimkeeper'*, Retailers, and other Licenced persons, under or in pursuance! of this .\cl, shull b(! liable for and pay the same Licence duty now imj)osed by Law to the (.'ity Treasurer, in the same way and manner as the « mie is now by Law required to be paid to the Clerk of the l*eace of the County of York. \ ■ igiiMrtiiW%iyii.t«*iWiwwwiimi Iro- )he kh of ;m, Jro- |ri)s full Iso the ns, ho- teil for •ern aiit- ni.>x and pon, City I, in the 29 or other person or persons authorized to receive the same, and that the City Clerk shall exercise all the powers and authority, and duties now vested by Law in the Clerk of the Peac<^ of the County of York, but the foes accruing to such Clerk and the Licence money shall be paid to the City Treasurer for the use and benefit of the Corporation. LX. And be it nnacted, That the said City Council shall have the exclusive power to open, lay out, regulate, repair, amend, and clean the streets and alleys of the said City, and of putting drains and sewers therein, and to prevent the encumbering of the same in any manner, and to protect the siunc from encroachment and injury by such By-laws and Ordinances as they may from time to time pass ; and for making, levelling, flagging, paving, macadamizing, raising, repairing, lighting, watching, planting, and cleaning any of the streets, squares, lanes, walks, side-walks, crossings, roads, bridges, wharves, docks, slips, sewers, and shores, now laid out and erected, or being or hereafter to Ijc laid out and erected, within the limits of the City, and to regulate or prevent the encumbering, injuring, or fouling of the same by any animals, vehicles, vessels, craft, lumber, building or (ither materials or things, or in any way whatsoever ; to regulate the breaking of the roads and streets of the said City in the winter, and to require the owners of horses, sleds and other teams, to assist thereat, and the cutting holes in the ice of the River Saint John in front of the said City ; for directing and requiring the removal, at any time, of any door steps, porches, railings or other erections, projections, or obstructions whatsoever, which may project into or over any public street, square, or road, at the expence of the proprietors or occupants of the real properly, in or near which such projection or obstruction may be found ; for assessing the proprietors of real property immediately benefitted by such improvements, for such sum or sums as may at any time be necessary to defray the expence of making or repairing any common sewer, drain, flagging, posts, or pavements of stone, deal or plank, in any public street, square or place, and for regulating the time and manner in which such assessment shall ))•' rollertod and p^aid ; and all power and authority vested in the Justice of the Peace for the County of York, or in the Commissioners of Highways for the Parish of Fredericton, by any Law now in force, ri'l.iting to Highways, or to provide for the re- pair of the Streets and Highways in that part of the Parish of Frede- ricton incorporated by this Act, shall be vested in the said City Council, who are hcrciiy empowered to carry into eflect the provisions of such [ii w : Provideil that nothing herein contained shall be construed to extend to authorize the opening of any Roads and Highways through the private property of any persons or persons, without / K 30 complying \^iili lliii pruvijioiis oJ" ati} Acl or Acts llieii in force providing (ov tlio awarding of damaged lo any person or persons who may be injured thereby. LXI. And be it enacted, That the appointment of all Oflicers of, or pertainin:: to the said City, who are now nominated and appointed by the Court of Sessions in pursuance of the several Provincial Slatutcs in such case made ami provided, shall be vested in the City Council, and the persons so by tiiim appointed shall have and exercise all the power and authority which can be enjoyed by the said Olhcers r('-;pectively under tiie present mode of appoint- ment ; provided always, that the said City Council shall exercise and enjoy full power and authority from time lo lime to decide upon the expediency of filling; u]i any such oflice, and to prescribe the duties of all such Ollicer-. and to (ix the rale of compensation to be paid or received by each of thcna respectively as they may see fit. and that nothing in this section contained, shall be construed lo abridge the authority w hich by virtue hereof the City Council would otherwise |iossess over the said ofhces, or their respective Oflicers. I^XII. And be it enacted. That all l^oariN. Commissioners and Ollicers appointed to acl under the authority of said Corporation, and entrusted with the collection or ex|)enditure of any public money, shall be accountable therefor lo ihe said Corporation in such manner a-^ may be ordained ami directed bv the Hv-laws and Ordinances of the said City, and that the books of accounts ol said Corporaliot), shewiu;^ llie amount, particulars, state and circum- stances, and also the receipt and expenditures of, and on account ol the l'i()j)erty, Fmvi^. Taxes, Etlects and Fees, belonj;inn and accruing, or payable lo the said Corjiorafif)n or any of its Oliicers, shall be deposited and kept in the ollice of the City Clerk, and shall be there opened and exhibited on the fiist Monday of every monlli from th(! hours of ten o'clock, A. "M.. to fiMu-, I*. M.. forinspection and exaininatiin by every Klector of the Ci^y, who may on that day apply to see and insj)ect li.i- same. liXIll. And be it enacted. That the said City Council, after the accounts of tlw said City and Corporation shall be cliecked, audited, discussed, and approved by the said Coimcil, shall cause the same lo be published in detail, countersigned by the .Mayor and City Clerk, in such wav and manner as may api)ear the best adapted to make gfiu'rally known the said accounts. LXIV. And be it enacted. That nothing herein contained shall b • construed to repeal or vacate the jurisdiction or sittings ol ihe inferior Court of Common l^leas for the County of York as now by Law established, or the jurisdiction or siltings of the Court of V t« Si Quarter Sessions, or of any Special Sessions of the Peace, or of any Justices of the Peace, or of the Grand Jury, as Grand Inquest of the County within the said City, in matters of Criminal nature, and not affecting the fiscal, prudentiiil, or municipal afi'airs of the said City, which are not hereby Ininsferred or granted to the said Corporation or some of its Officers : Provided always, that so for as relates to the fiscal, [)ni(leiilial, and municipal affairs of the said City, the said Justices shall have no right to interfere. LXV. And bo it enacted, That in all actions, suits, indictments, information-, or prosecutions whatever, civil or criminal, at Law or equity or otherwise, in which the said City or Corporation shall be a party concerned; it shall not be received or allowed as an objection to the competency of any witness, that he is a Citizen or Officer of the said City or Corporation, that such objection shall go to the credit only. TjXVI. And be it enacted. That it shall be lawful for any person holding the office of Councillor, to resign his said office at any time by a declaration to that effect under his hand, and on the payment of a fine of live pounds, and thereupon a Councillor shall be elected in the manner aforesaid, for tlui Ward fiir which such Councillor so fcsigning was elected. LXVII. And be it enacted, That iiotliini: in this Act contained shall in any manner derogate from or affect, or be construed to derogate from or affect, the rights of Her Majesty, her Heirs or Successors, except in so far as the same may be specially affected by the provisions of this Act. LXVHI. And be it enacted, Tiiat the words, '-Governor of this Province," or " Governor,'' whenever they occur in the foregoing enactments, an; to be understood as meaning and comprehending the Governor or the person authorized to execute the Commission of Lieutenant Governor within this Province for the time being, and the month shall be construed to mean a calendar month. LXIX. And be it ii,.u tcil, Tiiat the said City Council shall have liill power and authority to make such agreement with thfj Justices of the Peace for the County of York, or the Commissioners of tlie Alms House for the time being, relative to the Alms House now erected in the said City, and die land connected therewith, and relative to the management of the same and tlu support of the Poor of the said City, as the interests of the said City shall require, and as may be agreed upon and determined between the said City Council and the said Justices or Commissioners aforesaid, or both, as the case may be. 32 LXX. And b« it emcted, That this Act shall continue and b« in (bice until th« fint day of April, which will be the yea? of our Lord one thousand eight Hundred and sixty, and no longer. ■it. u M ■/ .;■ *i:«-^. -v -^ ■ 1?? v-/ v>f '4^ • •■'• ;!.^ * 4. •^: :a// ^ •*? -^' ^> i -7 ut; ■■■s**"'*^ ..■iW^* ■■■» * ' '►^" ■f' " >> .J ■«-,.*i / / &■ ^ (jj * ;/ •V