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Maps, plates, charta, etc., mey be filmed at different reduction ratioa. Thoae too large to be entirely included in one expoeure ara filmed beginning in the upper left hand comer, left to right and top to bottom, aa many framea aa required. The following diagrama illustrate the method: Lea cartea, planchee, tableaux, ate, pauvent Atra fllmia A dea taux da rMuetion diffArents. Lorsque ie document est trop grand pour Atre reprodult en un seul clichi, il est filmi A pertir de i'angle supArieur yauche, de gauche k drolte, et de haut an baa, en prenant la nombre d'Imeges nAcessalre. Lea diagrammea suivanta illuatrent la mithoda. 1 2 3 I 1 2 3 4 S 6 [h 'i ■•k * » 'iif- / vV X H E ^- C H R T E R ) P F T H»^E,^ •V. eiTf OF SAINT JO Lt»l..' Vir'^:%^5>V >'S- ^f^': ^ T H E 4" w-^^ ^/^5\^rsfiE^ -ofNEWtBRUNS^ •^^.. . r ^- ► 1 (..4"l t<:(-'l><<-'l'-t.'* SJI.YT JOIIA-. Reprinted bv WILLIAM DUllANT, 6f'4Co. Princk Wiluam SrnEET. 1811. /•■ / r I 1 i ^ If*, -j&sultB^^p WWJ j^ f^^ i m m ■Wf ^•$ ¥ mm y I fcaAfc^i^A^^fc||>a fc^^i^^y»#>i fc^^ A#^ i*tti t*M ***^ *^ »^ t#*^ i^Hh<% A ^ THE *l.-,i:» ./. - MRTE E OF THE CITY O** ijj nrni' i f'" ' ''. -"^ • ■;■-■' '■ > EORGE the Third, by the Grace of G O D, of Grbat^Bmtain, FiUkck and In- lANo, KINGw Deiindpr of the Vutht and fo Jortk. To all to whom tbrfe PrefciitB fliall come, or may in any wife concern, GaBrniie. "WHEREAS our loting iSubjeAa the Inhabitaiilt PimbUc^ of «he Towit or DiftriO of Parr, lying on the eaft (Me of the River Saint JiifiUi and of Carkton on the weft fide thejroft at tfic entrance of the river Saint John aforefaid, bbth which diftriCte ar^'-iii our Province of JVear-Anuffipii^, in America, have bv their petition ' to our trufty aid well belovus) THOMAS CARLETON, Efquire, burOovernor and Comihander in Chief in and over our lliid province, reprefented that they, have, by theih exertions, conquered many ofthe difficulties attending the fettlement of a new country ; and that they are anxious to remove the remaining evils they at prefent labour under, part of which flow from the Vanl of a regular Magiftracy for the able and orderly government of the diflriOathey inhabit : And whereas they have alfo rcpirerented, that they humbly conceive one important (iep towards thisdefirable end, would be granting them a Charter of Incorporation, under the fan6tion of whichHhey mighibe enabled to ordain fuch bye^Iawsand regulations as their peculiit wants and rapidgrowth urgently call for : That the at' vantages to be deri- ■ ved.from a charier, empowering them to eftablifli fuch ordinancea as are i Ntquifite fdr the good government of a populous plade are fo obvieu^ >tl)'ey think it necefTary onlyto hintat them ; but that the fpeedy admio \ fiiflration of juliice both civil and criminal, will be fo greatlrJi|bd by the {Prefling a Mayor's Court and Quarter Seflions, jhey hum^pR^ope this conflderatioo albne will be fufiicient to induce a compiian^eiwitb their re> , queili and have confidently promifed that their prudent ufe ofthe liberlie* foto begranted;them will juflify the favour. Andwbbubas our faidloving fubje6\s, impelled by the foregoing; reafons, have humbly petitioned the faidTHOMAsGARLCTON, Efqiiire/dur Governor aforefai#, for a Charlercom- pKtieudiiig the faid diftrifls ovi. both iides of the river Saint lojfin, ere6li ing 4 GKftBm off A» CRY flf SAIMT MHNl I ' > ' ^ v-* ' > ing the whole into one citjr, to be called the CITY of SAINT JOHN, and conrerring on the Corporation the feveral power* and privileges urually . Kranted to mercantile town* for the encouragement or commerce, and V found by experience conducive to the proleOion and fupport o( the upright part of the community ; as bj the laid petition, recourfe being thereunto had. mav more fully and at large appear. ftotifiJi aaj MOM of NOW therefore icno» ye. That having taken the fame into our Royal con- ih« Cii/. ^deration, and being willing, as well for the reafons above fel forili as for divers other good caufes and confiderations us moving, to comply with the reafoiiable requvft and htmble petition of our fiwd loving fufajefls, of oar efpecial grace, certain knowledge and mere notion, we havt given andi granteA, andby thefejprelcMs for as, our heira and fuccHTer^ do grre and grant unto our laid loving fubjeCU the inhabilaiits of the faid dif- trifls, as they are hereby united, that the faid dillrifls, and all the landl and waters thereto adjoining ornuwing in, by or through the fame, bound- ed by a line to conmence and beginniiig near Fort'Howe, at Portland Point, at low water mark, and thence running a dire5) line to a final! point orJedge of land at thecaufey by the old law mill, thenre ca(t north eaft until a dire6l line fliall flrike the creek running through Hazen's tnarfli oM tb* e«ft fideoftheeaRerndiftrifl aforefaid, iherare along the courfe of (he laid creek to its mouth, thence by a line ranrunglouth nine- teen degree* weft into the bay, until it meets a line running eafl from the fouth point of Partridge Ifland, and along the faid line to the laid point, thence by a dire£l line to the point on the fhore which is at the fouth eall extremity of a line running fouth forty-two degrees eaft from the river Saint John to the bay of Fundy, and terminating the town lots of the wefiern diflrift aforefaid, thenre along the (aid line north forty-two degrees weft Id the river Saint John aforefaid, and continuing the faid couric acrob the (aid river until it meets the oppofite fliore, and from thence along thenorthfliore of the faid river at low water mark to Portr land-Point aforefaid. and every part and parcel thereof, are and fhall for- ever hereafter be a City incorporateof a Mayor, a Recorder, fix Aldermen and fix AflBIbints, by the name.of. The Crrr or Saint John. And the faid diflrifb and ever)' part thereof, as well the land as the water, and the land covered with water, within the lines, limits and boundaries aforefaid, ■ ii> City incorporate in Right and Name, by the name of, Thb City of Saint John, wc do really and fully create, make, ordain, conftitute, declare KTitne of the body and Confirm by thefc prefents. And further qf our efpecial grace we corporate. |)ave giveli, granted, ordained, conflituted, appointed and decUred, and by thefe prefents, for us, and our heirs and fucce(rors,do give, grant, or-* dain, conftitute, appoint and declare, that the Inhabitants of the faid city of Saint John, and the Mayor, Recorder, Aldermen, and AfTiftants thereof, are, and from henceforth forever hereafter fhall be one body corporate and politic in deed, fa€t and name, by the name of, Trb Mayor, Aldermbm ANO Commonalty or THE City or Saint John; and them by the name of the Mayor, Aldermen and Commonalty of the city of Saint John, we da $h»\\ have ptrpetual ''""x •"** '^""x create, make, ordain, conftitute, appoint and declare, by fucccffion. thefe prefents; and that by the name of the Mayor, Aldermen and Com- monalty of the city of Saint John, they may have perpetual furcefTicn. And that they and their fuccelTors forever by the name of the Mayor, Al- dermen and Commonalty of the city of Saint John, be and forever here^ after (hail l^e perfons able and in law capable to have, get, receive, take^ ' ' poflefsantf^njoy, houfeK, lands, tenements, rents, revei-fions, remainders, : . royalties, franchifes, jurifdiflions, pre-eminences, immunities and heredi- taments, to them and their fucceflbrsin fee fimpie. or for term of life or ' ' ' livesor years or otherwife, end alfo goods and chattels, and all other thingt whatfoever whether real, perfonal or mixt : and alfo to give, grant, let, fet, or nflign the fame or any part thereof; and to do and execute all o- ther things in and about the fame, as they fhall think neceifary, fit, or goo4 for .KKi«»»t5 IBOtllB CABLETOK. U^. CowiniM. r JOHN, and eges ufually imerce, and port or the ourfe being ir Royal con- t fortii as for nply withthe fe£)s, of om t given an4 or% do grft the faid dif- all the lands fainc.bound- at Portland a finnll point ! cad north ii^h Haten's re along the ^gfoufhnine' eoA from the le laid point, the foulb eall om the river I lots of the rth forty-two ling the faid re, and from lark to Port- ami fhali for- fix Aldermen And the faid , and the land ; aforefaid, a lixr OF Saimt itute, declare ial grace w« declared, and ive, grant, or- ' the faid city Hants thereof, idy corporate roa, Aldermbh ' the name of John, we da id declare, by ;n and Com* lal furceflion. le Mayor, Al* forever here-* receive, take* i, remainders, esand heredi* >rm of life or II other things e, grant, let, xecute all o* y, fit. or good for .♦•v*fe* Snl. ^"•V Shtll be divided into fix wardi. Car the bcneieaod advantage of the faid city and the inhabitants tkereafi And alio tbat they be and forever ftalt be Derfbns aUe and in law capable tofn* and befned, plead and be impleaded, anfwcr and beanfwrred unto> deftnd and be defended, before us, our heirs and fwceiR>ni^ and in ai! or any ofour courts of law and eiiwity,and otbcr pktees whatfoever, and beforeourorany of owr JHdge8.junir«s, minillefs^ and otker perfbnand per' fona whatfoever, in all and all manner of a6t}ana,fiMtt, complaints, demands, pkas, caufes and matters whatfoerer, in as full and ample manner as any dther perfon or pertbns whatfoever, being perfons able and in law capa- ble may ftie and be fued, plead and be impleaded, anfwer and be anfwered untn, defend and be defeiided,4iy any lawful ways or means whatfoever ; ahdthat they and their fucccffbrs forever (halt bave a Convmon Seal, shiii hive • Common to ferve for the enfealing of all and flngnlar tbeiir grants, deeds, convey'' ances, contrafht bonds, articles of agt-eements, affignmcnts, powers and warrants of altomer, and all and flngnlar their affairs and things touching or concerning the (ui Corporation ; and the fame feal they (hall have power from time to rinte.asthey Aall' think proper, to break, ehan^f^, alter and new make, fo as that at the fame time there doth not exift any more than one Common Seal for the piirpofes aforrfaid. And further we do ordain and appoint by thefe pfefents, tfmt for the better government of the faid city, the fame fhali fore\'er hereafter be and remain divided into fix wards, in the following manner, to wit, fbnr of the faid wards which (hall be on the call (Me of the faid harbour ftall be ftpa'^ rated from the other two wh'ch lie on the weftern Me thereof, by a line to be run through the middle of the faid harbour and of the bay at the en* trance ofihe fame: ( I ) And the faid four wards on the radern (ide of the faid harbour, (hall be I'eparated from each other by a Ibiith line commencing at the north end of the laid city in the middle of Sidney-ltreet, and to run fouth through the middle of the faid flreet, and to continue the fame "^ ' ; coiirfe into the bay until it comes to the llneofthe limits of the faid eity ; ^; , , ...^ and by aline eaft and wefl to be run and continued through the middle of .1 Duke-(irret until it reaches the middle of the harbour aforefaid on the weft fide of the faid four wards, and until it cotites to (he line of the eaflern li- mits of the faid city. And the (aid two vards on the weflern fide of the faid harbour (hall be feparated from each other by a dirrA lin« io be run from the line terminating the town lots on the fouth wefl lim < t.Tid con- tinued through the middle of Rodney-fli«et until it reaches the <^<*iddle of the harbour aforefaid. And we do further ordain that the north weft ward on the eali fide of the faid harbour (hall forever be called King's ff^erd; ai d that the fouth weft ward on the ea(t (ide of the faid harbour (ball be forever called Queen's ffarJ; and that the north eafl ward on the ead (ide of the faid harbour (hall be forever called Sidney Ward { and that the fouth eafl ward on the eaR fide of the faid harbour (hall be forever called Duke Ward { and that the wcftermoft ward on the well fide of the faid harbour (hall forever be called Guy's Ward ; and that the eafiermoft ward of the laid weft fide of the harbour ftiall forever be called Brook's Ward. And we do further of our fpecial grace, certain knowledge and mere Grmt that ibere be motion, for us, our heirs and fucceflbrs, will, ordain, give and grant that °™dJf X'/vidTrrn'M* there be,and forever hereafter (hall and may be, one Mayor, one Recorder, fiiiAicflyor, ihc Re- corder to be Mayor iill*aatheriiippaini< ed. '" -- -f n. ■ Recoidcr< " , •■ ■ .!».•.. I:t. X Clcfk. one Chamberlain, one High Conflable, flx ConHables and two Marfliali, appointed, nominated, elected, chufen and fworn, out of the freeholders or freemen, inhabitants of the faid city, in manner and form at herein after i* particularly mentioned. And for the better execution of our will, gift and grant in this behalf, we have aflRgned, named, conllituied and made, and by thefe prrfents for us, our heirs and fuccelTors, do af« iign, name, cnnflitutc and make our truAy and well beloved Gabrirl G.Luotow, Efquire.oneof our Council fur our faid province ofNew-Brunf- wick, to b« the prefent Mayor of the fame city, to do and execute all things which unto the ofRce of Mayor of our (aid city doth or may belong or in any wife appertain ; to continue, and be continued in, and to exe- cute the faid office of Mayor until another fit perfon (hill be appointed and fworn in the faid office. And we do moreover, for us, our heirs and furreflbrs, give and grant unto the faid Mayor and his fuccefTors, and to the Mayor of the faid city for the time being, and to each of them for- ever, full power and authority to depute and appoint the Recorder of the faid city for the time being, in the place of the Mayor of the faid city, for the time being, and as his deputy in all matters and refpcCls to aSi and do all things which to the office of the Mayor of the faid city, within the limits, liberties and precinfls thereof, do or ought to belong, during the (icknefs or in theabfence of the faid Mayor, for the time be- ing. And we do hereby will and grant, that every fuch Recorder, fo to be deputed i^nd appointed, after taking fuch oath as herein after is di- refled for every fuch deputy to take, (hall have as full power and authori- ty toad and do, in the ficknefs or abfenre of the Mayor of the faid city for the time being, all and fingular thnfe things which to the office of Mayorof the faid city belong or fltall belong or appertain, to all intents and purpofes as the Mayor of the faid city, for the time being, by virtue of thefe prefents, or otherwife, hath, (hall or ought to have. Anil we do further for us, our heirs and furcelTors, will, ordain and grant, that in cafe it (hall fo happen that the faid prefent Mayor of the faid city, or any of his fuccelTors, or any of the Mayors of the faid city for the time be- ing, (hall die, before any other (it perfon (hall be appointed and fworn Mayor of the faid city in their ref|ie6)ive rooms and places, then in e- very fuch cafe, upon the death of inch Mayor, fuch Recorder for the time being, who (hall have been fo appointed and fworn to a6i in the place of or as deputy to fuch Mayor, (hall be and is hereby appointed and declared Mayor of the faid city, and to continue and be continued in, and to exe- cute the fame office ofMayor of the faid city, from the death of fuch May- or fo dying, until another fit perfon (hall be appointed and fworn Mayor of the faid city, in fuch manner as in and by thefe prefents is hereafter d'.e£led for the faid Mayor of the faid city, to be appointed and I'worn ; and fo as often as fuch rafe fhall happen ; which arceflion of the faid Ke* cordcr to the office of Mayorof the laid city, (hall not operate as a m* persedeas to the authority or commilfion of the Recorder of the faid city, but the faid Recorder (hall hold, cxcrcife and enjoy, as well the office of Mayor as the office of Recorder of the faid city, until another fit perfon be appointed and fworn Mayor of the faid city. And further we have afligned, ordained, named and conflituted and by thefe prefents for us, our heirs, and fuccelTors, do a(Tign, ordain, name and conftitute our well beloved Ward Ciiipmav, Efquire, to be the prefent Recorder of the faid city, to do and execuieall things which unto the office of Recorder of the faid city do or may belong or in any manner apper- tain, and to continue and be continued in and exercife the faid office of Recorder, until another (it perfon fhall be appointed and fworn in the faid office. And further we have named, ordained and conflituted, and by thefe prefents for us, our heirs and fucce(Tors do ordain and ron- ilitute our beloved J?a/-///o/omewG-«n/;f//, Efquire, to be the prefent Cleik of the faid city, who fhall be, and be called, the Common Clerk of the faid ■■■""'■, city • THOMAS CARLETON, Efq. CJovfrnor. ) city, who by himfelf or his fufRcient deputy and deputies, is hereby au- thorized to do, a6t, and execute, nil mid fingulnr thofe (hingk whicfiany Common Clerk of or in any city, borough or torn incorporated, any ^, where in that part of our kingdom of Grcaf-Britain called l^ngland, by vir- tue of his ofAce, or which fuc-n Common Clerk of the laid city of Saint John, by virtue of thefe our letters may, can or ought to do ; nhd to Con- tinue and be continued in the faid odice of Common Clttk until another ' fit perfon (hall be appointed and fworn in the laid office. And we do AiJerme*. further, for us, our heirs and nicceflTors, aflfign, name, conftitute, ordain and appoint, Oeoree Leonard, Thomas Menzies, IVilliam Paihe, IFUIinm Pagan, Stephen Hoyt znA John Holland, Eiquircs, inhabifantsof the faid city of Saint John to be the nrefcnt Aldermen of the laid city, and Jnhn ATiBiniii Colvill, Munson Jarvia, Ricnnrd Seaman, Fitch Rogers, John JVi!e Con* ftable of Brook's Ward, John M'G ill to be Con (labl* rtf Guy's Ward, in the faid city. And we do for us, ortr heirs and fuccelTorS, affign, sheriir. ordain and conftitute, fVilliam Snnford Oliver, an inhabitant of the faid city, to be the prefent Sheriff of the faid city, to hold, exercife, enjoy and execute the faid office of Sheriff, until the firll 'tueiday in April next, and ' from thence until another fit perfon fliall be appointed and fworn in the faid office. And we do further affign, ordain and conftitute i/oArt Hazen, Corontr. an inhabitant of the faid city, to be the prefent Coronerof the faid city, to do and execute all &,'iv.it which imto the office of Coroner of the laid city, do, fhall or may belong, and to continue and be continued in the faid office of Coroner, and execute the fame office, until anotherfit perfon ihall be appointed and fworn in the faid office. And we do hereby will and ordain, that each and every the before Aldermen, &c. tore- named Aldermen, Affiftants, Chaml)erlain, Coroner, High Conftable and mjininofBceoneyeir. Marfhals, and all and e\'ery the before named Conftables, on their being refpeflively fworn in their refpc6live offices as hereafter is direfied, fhall continue in their refpeClive offices, until the (irft Tuefday irt April next enfuing the date hereof, and from thence until other fit perfons be re- fpeflively chofen, appointed and fworn, in their refpeflive rooms and pla- ces, in manner and form as is herein after direfled. And we do alfo fur- stieriff lo give bondi ther ordain, order and declare, for us, our heirs and fucceffors, that as *'• well the before named Sheriff, as every other pcrfort and perfons hereafter to be appointed for or to the office of Sheriff of the laid city, before he or they (hall be permitted to exercife the faid office, (hall each of them give and enter into bond, to us, our heirs and fucceffors', with two or more fureties, in a penalty not lefsthan onethoufand pounds, conditioned for thefaithful and due execution of the faid office, in fuch manner as the Go- vernor and Commander in Chief of our faid province of New-Brunfwick, for the time being, ftiall think fit to appoint ; and the before named B SheriflF 8 CHARTER of the CITY of SAINT JOHN. Vi-- Sheriir. on hit giving fuch fecurity and having taken Tuch an oath aa hereafter la direAed, flull continue in the faid office until the third Tuef- day in April next, and Trum thence until another fit pcrfon is appointed and fworn into the faid office, and hat given fuch fecurity as alorrlaid. MiTMi Kicw^i And we do further hereby will and ordain, that the faid Mayor, Recordrr, ^JTHlTcoJIiSi* !• Common Clerk, Sheriff and Coroner, hereby appointed, flull .indm.iv con- hai'il ihni oOcM 'iif linue in and hold, exercife and enjoy, their laid lefpcflive ollices, l.)r and ring rUiriM*. during our good pleafure, and their rcfiJence within the faid city of Saint John, and until another fit pcrfon or pcrfons tiiAi Ijc fworn in his or their (lead refpe^ivelv* and no longer. And further we do, will, and or- dain, and for us, our heirs and fuccefTors, do hereby grant to the faid Mayor, Aldermen and Commonalty of the city of Saint John, and their fucceflbrs, that in all appointments and grants from lime to time hereafter to be made by us, our heirs and fucceflbn, of the offices of Mayor, Re- corder, Common Clerk, Sheriff and Coroner of the faid city, the perfon MaywiQbciitpuM. to be appointed Mavor of the faid city (hall be 3 lit, difcreet and reputable hibii^Ji'T'''**''""""' frtthoUtr and inhabitant of the faid city ; and that the perfons to be ap- Rccordc'r Md Com. pointed Recorder of the faid city and Common Clerk or the faid city, and mo» citrk 10 be^ r«- each and every of them, (hall befit, difcreet and reputable inhabitants and FfMRMn, ikiirui in lb* freemen of the faid city, and of good capacity and underfianding, and iiwi, and AiiofniMot (kilful in the laws of England and of the faid province of New-Krunfwick, Um Supnmc Couri. anj fligU have been admitted and fworn Attornies refpedlively, of our Supreme Court for our faid province of New-Brunfwick ; and that the ShtriffiolMiKpun- perfon to be appointed to the faid office of Sheriff (hall bea fit, difcreet fcibi'imlT''''*' *""* '"* ""'* reputable freeholder and inhabitant of the faid city ; and that the Cocoocriobcirtpu. perfon to be appointed to the office of Coroner of the faid city, (hall ubto rmmia 104 io' bea fit, difcrcet and reputable freeman and inhabitant of the faid city ; "'■ and that each and every fuch Mayor, Recorder, Common Clerk, SherilT and Coroner, (hall hold, exercife and enjoy their faid offices refpef^ivcly, for and during our pleafure and their refidence within the faid city of Saint John, and until other fuch fit perfons fliall be fworn in the faid offi- ces refpeOively in their fiead, and no longer. And further, we do, for us, our heirs and fucceffors, appoint andonlain, that the Governor or Commander in Chief of the faid province of New- Brunfwick, for the time being, by and with the advice of the Council of us, our heirs and fucceffors for the faid province, can have full power and authority, from time to time, to name.conftitute and appoint, any per- fon to be Mayor, Recorder, Common Clerk, Sheriff, or Coroner, for the fi-nl"' ^^^^ '^^^y ^'^ ^'"' John. And further, we do ordain and appoint, that thu Governor or Commander in Chief for the time Dt'ing, by and with the advice of the Council of us, our heirs and fucceffors for the faid province for the time being, (hall and mav, on the firft Tuefday in April in every year, name and appoint, a fit, difcreet and reputable perfon, of the free- holders and inhabitants of the faid city of Saint John, to be Mayor of And( Sheriff «nd Co. the faid city for the enfuing year; and one other fit, difcreet and reputable perfon of the freeholders and inhabitants of the faid city, to be Sheriff of the faid city for the enfuing year ; and one other fuch perfon to be Coro- ner of the faid city for the enfuing year. And we do further ordain and appoint, that on the faid firft Tuefday of April in every year forever hereafter, the freemen of the faid city, being inhabitants, and the freeholders of ( s ) each refpe^live ward in the faid city, (hall and may affemble themfelves and meet together, at fuch time of the day Tho Covcrnot to (p. poim ibe Majror, Recorder, Cooimoa Clerk, Sheriff ind Co. roner. Conmor lo •[ iMiyorihefirntuer- dajr in April every jre«r. rooci II (he r^ine lime. Aldermen, Afliflanii, and ConAablea lo be iDoiMllir ehoren by ibe freemen, &c. On Uw firft Tuefdiy in A> pril. By the Prov. Stal. 43, Geo. 3, c. 3, i 3, it ii enacted, '■'^that it thall and majf ufulfor the Electori ofGnif't ward and Brook's tiard, colteclivelj/, to ckoete an. " nuatly, at the time appoiiUedby llu Charter, one AUItrman, one Astiitanl, and one Con^i " liable, for each uard, out of the freemen, being inhabitant* ofeiilur of the taidvardt, *' without regard lo the particular ward, at before aceutlomcd: and that, for the purjiote " ofiuch Election, each Alderman of the taid two wards, shall held hit court within the " leard to which he belongs, tu provided by the said Charter ; and, at such Elections re» " sptttivelj/, every Ekcior ailhin both of the said wards shall ba entHled to a vote," freel one or, Affl(| an ■pi art( THOMAS CARLETON. Efq. Governor, d h M oath u le third TueF- 1 is apnoiiited ' as aforrt'aid. yor, RccDidrr, 1 'iidin.(v con- ollices, l.iranj e faid city of fworn in his or o, vt'ill, aiidor- it to the faid >hn, and their lime hercarter uf Mayor, Re- y, the perlbn and reputable ons to be ap- ; faid city, and nhabiinntsand flanding, and ;w-Brunfwiik, ivelv, of our and that the a fit, difcreet and that the I'd city, fljail ^e faid city ; Clerk, Sheriff s rcfpcflivcly, faid ciiv of I the faidoffi- nt and ordain, ince of New- le Council of e full power i>int, any per- oner, for the •oint, that the and with the raid province pril in every of the frec- )e Mayor of ind reputable be Sheriff of I to be Coro- Srft Tuefday id city, being the faid city, I time of the day ihall and majf , to choote an. ', and one Con^ the laid ttardr, 'or the puTjioie urt wUkin the I EHectiont re. a vote," CiMmberliiii M bt in- nu4ll)' •ppoinitd bf unit, in Council. Common And the High Coii- n'"^o'*"'"'''|J; of the faid citv, for the time being, at any time ( before other (if perfoh&be Cownor w^Mi'iheid. fo as aforefaid refpeflively named and fworn in their refpeflive rooms) »iee if Council to ip- fliould happen to die, then, and fo often as it (hall fo happen, We do for '"'" Succcflbn. us, our heirs and fucceffors, will, ordain and diredl, that the Govcrnoi: or Commander in Chief of thie faid province, for the time being, by and with the advice of the faid Council for the faid province for the time be- ing, may, can and (hall, in fome convenient time thereafter, name and ap- point fome (it, difcreet and reputable perfon as aforefaid, being an inha- bitant or freeholder of the faid city, to be Mayor of the faid city, in the room of fuch Mayor fo dying ; and one other (it, difcreet and reputable inhabitant and freeman as aforefaid, to be Recorder of the faid city, in the room of fuch Recorder fo dying ; and one other (it and able perfon as a- ., forefaid to be Coroner of the faid city, in the room of fuch Coroner fo ' dying ; and one other (it and able perfon aS aforefaid to be Sheriff of the faid city, in the room of fuch Sheriff fo dying ; and that every fuch perfon < fo to be named Mayor, after having taken fuch oath as is hereby appointed for each Mayor to take, (hall remain iti and execute the faid office of May- [ or of the faid city until another (it perfon be named and fworn into the faid office of Mayor of the faid city ; and every perfon fo to be named Recorder of the faid citv, after having taken luch oath as is hereby ap- pointed for each Recorder to take, (hall remain in and execute the faid of- fice of Recorder of the faid city, until another (it perfon be named and fworn into the faid office of Recorder ; and every perfon fo to be named Coroner, after having taken furh oath as appointed hereby for each Co- roner to take, (hall exercifeand remain in the faid office of Coroner of the faid city, until another tit perfon be named and fworn into the office of Coroner of the faid citv ; and every fuch perfon fo to be named She- riff m 10 CHARTER of (he CITY of SAINT JOHN. m I'! In cafsoriht death or removal from ih j Ci- ty of any Alderman, AlERantorConnable, the inhabiianis in the refpcAivc ward to choofe peifoni to fuc- ceed for the remainder of (he year, ai fuch time and plice ai the Mayor or his deputy (hall appoint. rifr, after having fworn and given fuch fecurity, as is hereby appointed for each Sheriff to do, fhail have, exercife and remain in the faid office ofSbe- rift'of the faid city, until the third Tuefday in April then next, and im- til another fit perfon be named and fworn in the laid office of Sheriff^ and fhall have given fuch fecurity as herein before is appointed for each She- riff to give. And we do moreover, for us, our heirs and fucceffors, will, and by thefe prefents grant to the faid Mayor, Recorder, Aldermen and Commonalty of the city of Saint John, and to their fucceHbrs forever, that if it fhould happen any of the prefent named Aldermen, AfHftarrts or Con- flablss, or any one of the Aldermen, Alfittants or Conflables hereafter to be elected and fworn, or to be fworn into their refpeftive offices asaifore- faid, fhallhappen todie or remove out oi'the faid city, within the time they are or fhall be refpeftively named or cle6>ed for, or before other fit perfons be refpeflively named or elefted, and fworn in their rcfpeii- ive rooms, it fhall and may be lawful for the f'rcemen, being inhabitants in, and the freeholders (3 ) of each refpc61ive ward, (or which fuch AlclermaMi, Affifiant or Confiable fo dying or removing had been named or chofe*, to aflemble and meet together at fuch time and place, in the fuid refpe£)ive ward, as fhall be appointed by the Mayor of the laid city, for the time being, or his deputy, and then and there, by plurality of voices or votes of the freemen, being inhabitants in, and the freeholders of I'ucb ward, to eleCi one of the inhabitants of, and being a freeholder in fuch wardi, or freeman of the faid city, to ferve as Alderman, Affiftant or CaUvfiaWe for the faid ward, in the room of fuch Alderman, Affiftant or Coirftstbte fo dying or removing; and fo as often as fuch cafes fliall happen. Aftd in cafe the prefent named, or any future Chamberlain, or any High Confta- ble of the faid city, hereafter to be appointed, fo fworn, or to bo fwora in their refpe6live offices aforefaid, fhould happen to die or remove otrt of the faid city, within the time they were or fhall be refpcflively ap- pointed for, it fhall be lawful for the Mayor of the faid city for the time being, or his deputy, and three or more Aldermen and three or more Affiftants for the faid city, for the time being, in Common Council, fo appoint another fit perfon to be Chamberlain, in the room of fuch Cham- berlain fo dying or removing ; and for the Mayor of the faid city, for the time being, to appoint another fit perfon to be High Conftable in, the room of fuch High Conflable fo dying or removing; and fo as often as fuch cafes fhall happen : And all and every fuch perfon and perfons fo to be newly chofen or appointed Alderman, Affiftant, Conftable, Cham*- berlain, or High Conftable, fliall fcrvein their refpedlive offices until other fit perfons be refpcflively chofen, or appointed, and fworn in their re>- l'pe6tive rooms; each of them flrft taking fuch oaths as hereafter isappoint- ed for each of them refpe6lively to take. And we do further, for us, our heirs and fuccefiors, ordain, grant and confirm, unto the faid Mayor, Aldermen and Commonalty of the city of Saint John, and their fucceffors forever, that if any one of the inhabi>- tants of the faid city of Saint John, being a freeholder or freeman as aforefaid, fhall hereafter be elefted or chofen to the office of Alderman, Affiftant or Conftable, for any ward in the faid city, or fhall be appoint- ed to be High Conftable of the faid city, and having notice of his faid cieftion, fhall refufe, deny, delay or negleft, to take upon him or them to execute fuch office, to which he or they fhall be fo chofen or elected, that then and fo often as it fhall happen, it fhall and may be lawful for the Mayor or his deputy, or Recorder, and any three or more of the Aldermen, and any three or more of the Affiftants of the faid city, forthe time being, in Common Council, to tax, affefs.andimpofe upon eve- ry fuch perfon or perfons fo refufmg, denying, delayingorneglefting, fuch reafonable and moderate fine andfines,fum and fums ofmoney, as they the faid In cafe of the death of the Chamberlain or High Conllable, the Common Council to appoint a Chamber- lain, and the Mivor a HighConHable.' Sni-afeany Alderman, AfTiOani, Connible or High Conllable, fii>ll lefure the oflice when chofen or ap- poinird, to be fined at the difcieiion of the Common Council, a- n/ fum not exceeding /to. [3'j See Note, page 8. is^ THOMAS^ CARLBT(W, Efq. Governor. 11 >oii»erd for iceofShe- and niT' iheriff; and web She- (Tors, wril, tmen and Irever, that ts or Coi»- esffrfr to '!» as afore' the tmio [

ward, fiich ward^ oirHslbl« fo Ajiid hi ih Confla- bo fworn ;move out lively ap- the time or more 'oiiiK-il, to ich Cham- ty, for the Jle in, th* I oCtGn as perfons fo ie, Cham^ in til other their re>- sappoint- Errant and ie city of = inhabi"- eeinan m ilderman, appoint- ' his faid him or hofeii or may b« or more aid city, I pon eye- ing, fuch thevthe faid faid Sitayor or his deputy, or Recorder, and any three or more Aldermen, And any three or more AflAftants, in Common Council, fhall think fit ; To os fiich fine foi* each refufal, denial, delay or negleO, Ihatl not exceed the fum or ten pounds current money or New-Brunl'wick ; all which faid fines ihall and may hi levied by diflrefs and fale of the goods and chattels of fuch delinquent and delinquents, by warrant under the feat of the faid tity. figned by the Mayor thereof for the time being, rendering the fur- plufage to the owner or owners thereof, (if any be) the neceflary charges of making and felling fuch diftrefs being flrft deducted, or by afiion of debt, in any court of record, to be profecnted, or in any other lawful me- thod to be obtained ; and (hall be recovered and received by and to the rinctoiw w tW uf* ufeof the faid Mayor, Aldermen and Commonnlty of the city of Saint ofibeCorpontioa. John, and their fucceffors forever, without any account thereof to be given to us, our heirs or fucceffors, or to any of the oflRcers or miniflers of us, our heirs or fucceflbrs : and upon every fuch refufal or negle6, other fit Oili«r ptrfbra to ht perfons to be elefted and chofen in the room and rooms of fuch perion fo ^^'^^ or Mpointtdi* negle£ling or refufing, in fuch manner as is before direSed or appointed novii." for elefling and choofing of Aldermen, Aflidants and Conilables. and for appointing a High ConAable upon the deatli or removal of any of them refpe£lively ; and fo often asfuch cafes fhall happen. And further we do, of our fpecial grace, certain knowledge, and mere The M«yor, or Re- motion, for us, our heirs, and fucceflbrs, give and grant unto the faid 5°! mei 'ind'ihTM a!^ Mayor, Aldermen andCommonnity of the thy o'f Saint John, and their finintn'omikeiCom^ fucceffors forever, that the Mayor or Recorder, with three or more Alder- ""•" Countii, men, and three or more Affillants of the faid city, for the time being, be, and Ihall be, forever hereafter called the COMMON COUNCIL of the City of Saint John, and that riie faid Common Council of the faid city, for the ^Mch null I«»« time being, or the major part of them, have and may, and lliall have full S°dlMace "&c. *" ' power, authority and licence, to frame, rotrftrttife, ordain, mak« and eliab- lilh from time to time, all fuch laws, ftatutes, rights, ordinatvces and con- fiitutions which to them, or the greater part o'f ihcm, fhall feem to be good, ufeful or neccffary for the good rule and gowrnment of the 'body corpo- rate aforefaid ; and of all officers, minifler?;, artificers, crtitizens, inhabitants and refidents of the faid city within the limits thereof, and for declaring how and after what manner and order the Mayor, Recorder, Aldermen and Affiflants of the laid city, for the time being, and all and every of their of- ficers and miniflers, and all artificers, inhabitants and refldems of the fame city, and their faftors, fervanis, and apprentices, in their offices, funi^ions and bufinefs, within the faid city and liberties thereof, for the time being, and from time to time fhall ufe, carry and behave themfelves ; and for the farther public good, common profit, trade and better government and rule of the laid city, and for the better preferving, governing, difpofing, letting and fetting of the lands, tenements, poffeffions and hereditaments, goods and chattels to the aforefaid Mayor, Aldermen and Commonalty of the faid city of Saint John belonging, or to them and their fucceffors here- after to belong ; and ail other things and caufes whatfoever touching or concerning the faid city, or the flate, right and intercfl of the fame; pro- vided that fuch laws be not contradiflory, or repugnant to the laws or Ratutes of that part of our kingdom of Great-Hntain, called England, or of our faid province; which laws, fiatules, ordinances and conflitutions, Lawno ht in force fo to be made as aforefaid, may be, and remain in force, lor twelve twelve momha «nd no months from the day of the date thereof, and no longer, unlefs thej* (hall cd^lV' "he' Governor be allowed of and confirmed by the Governor and Council of the faid md Council. province, for the lime being. And that the faid Common Council of the faid city for the time being, or the greater part of them, fo often as they fhall make, ordain and eflablifh fuch laws, fiatutes, rights, orders and conllitutions, in form aforefaid, may make, ordain, limit and provide, furh, and the like pains, punifhments, and penalties, either by fines and amerciaments, or by disfranchifmg and amoving from the liberties, privi- C leges. Power 10 pnnifli bf fine et diifriochirc- meat. li CHARTER of the CITY of SADiT JOHN. Common Council to ittii* all elcSiooi. Ieges> immunities and freedom of the faid city, or by either of them. tO' ' wards and againft all and every perfon that fliall offend againft fuch laws, flatutes, rights, orders and conftitutions. or any, or either of them, as by the raid Common Council, or the major part of them, fliail be thought neceflary and requifite to make, ordain, limit and provide, for the ob- fervation and prefefvation of the fame laws, rights, ftatutes, ordinances andconflitutions] and the fame fines and amerciaments fliall and may, from time to time, levy, receive, have and recover, either by diArefs and faleofthe goods and chattel? of fuch delinquent and delinquents, by warrant under the hand and feal of the Mayor or Recorder, or any one ... - of the Aldermen, for the time being, rendering the furplufage to the owner or owners thereof, (if any be) the neceifary charges of making and felling fuch diftrefs being firft dedufled ; or by a6lion of debt in any court of record, to be profecuted, or in any other lawful method to Finci to bcio ilw ufe be obtained, and to the ufe of the faid Mayor, Aldermen and Common- ofihcCorponiioo. jlty of the city of Saint John, and their fucceflbrs forever, without any " ~ account thereof to be given to us, our heirs and fucceflbrs, or to any of the officers or minifters of us, our heirs or fucceflbrs : All and An- gular which laws, ftatutes, rights, ordinances, and conftitutions, (o as a- forefaid, to be made, we do for us, our heirs and fucceflbrs, will to be obferved, under the pains, penalties and forfeitures in the fame con- tained. And we do further, of our fpecial grace, certain knowledge and mere motion, for us, our heirs, and fucceflbrs, give, grant, ratify and confirm, unto the faid Mayor, Aldermen and Commonalty of the City of Saint John, and their fucceflbrs forever, that the Common Council of the faid city, for the time being, or the major part of them, fliall have the fole power of determining and deciding all elections, of all and every their ofiicers and miniflers hereafter to be chofen and elefled, in, or for the faid Corporation, or any part thereof. And we do hereby, fur us, our heirs and fucceflbrs, ordain, declare, give and grant unto the faid or.orinhu'ficiuieri'or Mayor, Aldermen and Commonalty, and their fucceflbrs, that the Com- ftlirdirca* '^"°"'" '?°" Council of the faid city fliall be fummoned, called and held, from time to time, fo often and at fuch times and places as the Mayor, or in cafe of his ficknefs or abfencc, the Recorder of the faid city, for the r ^ r«. 1 . *'"'* being, fliall think fit to appoint or direft ; and that it fliail and common Louncil (o , . o- , t r i ?. • i ^ ^ -i «« . ** • ■ • hive power to line i^^y be lawful to, and tor the faid Common Council or the laid city, memberi for non-it- or ihc major part of them, to aflefs and lay fuch reafonable fines and '"« ''^{oTJch'ie. amerciaments in, and upon every oflicer and member of the body corpo- f«i«. rate aforefaid, for the time being, who after having had due notice, or being duly fummoned to appear or attend at any fuch Common Coun- cil to be held for the faid city, fliall ncgleft fo to do, or make default therein, or fliall not appear or attend according to fuch notice or fiim- mons in that behalf, or fliew a reafonable caufe, by the faid Common Council, or the major part of them, at their difcretion to be allowed, and fo often as fuch cafe fliall happen, fo that no fuch fine or amercia- ment for any one default of appearance or attendance of any fuch officer or member of the body corporate aforefaid, fliall exceed the fum of fifteen fliillings, like money, in the manner and form aforefaid, to be levied, and by, to, and for the ufe of the Mayor, Aldermen and Com- mop:iity of the faid city, and their fucceflbrs, to be recovered and receiv- ed, Vrithout any account thereof to be given to us, our heirs and fuccef- fors, or any of our, or their officers or minifters. Common Council to And we do further, for us, our heirs and fucceflbrs, give, grant and •ppomt .nd rcguixc confirm unto the Mayor, Aldermen and Commonalty of the faid citv of Saint John, and their fucceflbrs forever, that the Common Council of the faid city, for the time being, or the major part of them, (but no other fierfon or perfons whomfuever, without the confent, grant or licence of the faid Common Council of the faid citv, for the time being, or the ma- jor Common Council to be held inances id majr, fs and 11(8, by y one to the making ebt in thod to tmmon- 9Ut any to any ind (in- b as a- 1 to be le coii- i^j-^vU- jor part of (hem) from time to (ime, and a( all (imes hereaTteri (hall and may have the fole, full and whole power and authorhy of fetding, appointing, eftablifhing, ordering and direfling, and flull and may re(- .^ , tie, appoint, edablifli, order and dire6l, Tuch, and To many ferries, and / in fucn, and fo many places as the faid Common Council, or the ma- '' jor part of them (hall think fit, for the carrying and tranfporting peo- ■■',•:'■:■{■' pie, horfes, cattle, goods and chattels, from one part of the faid city, .' acrols the faid river or harbour aforefaid, to the other parts thereof, or to or from the faid city, to any of the oppofite (hores; ^nd Hull have the Hare a right le bait< right and privilege of erefling and building a ferry-houfe on Fort Neck, »ie''y-i>*rf« •• '•" if they the faid Common Council, or the major port of them, (hall think fit fo to do ; and they, the faid Common Council have hereby, likewife full power to let, fet, or otherwife difpofe of, all or any of fuch ferries, to any perfon or perfons whomfoever ; and the ren(s, iflues, profi(8, ferriages, fees, and o(her advantages arifing and accruing from all p^^j,, ,„ ^, ,, ^^ and every fuch ferries, we do hereby fully and freely, for us, our heirs and ureoftbeCoiponuoa. fucce(ron, give and grant unto the Mayor, Aldermen and CommonaUy of the city of Saint John aforefaid, and to their fuccefTors forever, to have, take, hold and enjoy the fame to their own ufc, without being ac- countable to us, our heirs or fuccelTors fur the fame, or any part thereof. And we do further, hereby of our efpccial grace, certain know- Mirken gnmca to ledge and mere motion, for us, our heirs and I'ucceflTors, give and grant '•'* t^o'po™'""" unto the faid Mayor, Aldermen and Commonalty of the city of Saint John, and their fuccelTors, ihat they, and their riicce(rors, (hall, and may have, hold and keep, fuch and fo many markets on every day in the week •■-■'. throughout the year, except Sunday, at fuch place and places in the faid city of Saint John, as they the Mayor, Aldermen and Commonalty, for the time being, and their fucreflTors, (hall from time to time think fit to order, e(labli(h, ercfl and appoint ; and that Sundays may alfo be al- lowed for the falc of frelh filh in the faid markets, and may take and re- ceive fuch toll, fees, and perquifites, as are rcalbnable ihercfrom. And y^|fo,)B„ ,„j ,!!«» we do further, for us, our heirs and fiiccc(rors, give and grant to the of bieid, wine, bcti, f;iid Mayor, Aldermen and Commonalty of the city of Saint John, and ^■ their fuccelTors, that they and their fuccefTors may and (hall have the af- fize and a(Tay of bread, wine, beer, ale, and all other visuals and things whatfoever fet to fale in the faid city, and the limits and liberties there- of, and the amending and corre6ling the fame alTize ; and all amercia- ments, fines, and forfeitures to be laid and forfeited concerning the fame or any part thereof, without any account thereof to be given to us, our heirs or fucceflbrs ; and to perform, do and afl by thenilelves or their de- puties, all and every thing needful or ncrclTary in, about, or concerning the fame. And we do hereby further, for us, our heirs and fuccelTors, Aifokefpen of ibt give and grant to the faid Mayor, Aldermen and Commonalty of the ^"™»' ^'• city of Saint John, and their fucceflbrs, (liall be the keepers of the beams, weights and meafures, for weighing and meafuring merchants commodities ; and that they flinil have the fole appointing clerks, porters, and other olficers, for the great beam, balance and weights, with the fees, profits and perquifites, arifing and to arifc therefrom, with- out any account thereof to be given, to us, our heirs or fuccelTors. And we do further, of our efpccial grace, certain knowledge and mere Power (o ■mcnj and motion, give and grant unto the faid Mayor, Aldermen and Commonalty, imptove the harbeor, and to their fucccfibrs, that they and their fuccelTors be the confer- coipSrit'ion'! '" vators of the water and the river, harbour and bay, of the faid city, and fhall have the fole power of amending and improving the faid river, ' bay and harbour, for the more convenient, fafe and eafy navigating, an- choring, riding and fndcning the (liipping reforting to the faid city, and for the better regulating and ordering the fame; and (ha( they the faid Airo to build pien& Mayor, Aldermen and Commonalty, and their fuccelTors, (hall and may, wharva. at they (hall fee proper, ere6l and build fuch and fo many piers and !■ wharves il 14 CHARTEn of the CITY of SAIKT JOHN. To nikt dock! ind flipil and Ilka tnchor- Ta mikt, Ur out, it- Mr tiid •mend ih« ftrMii, Unci, allejrt, brMgn, &c, for iha Powtr 10 hold Fain, tec, OM on ihe td I'liefdty in Miy, one on ihe td Tuelilty in Scpttmbcr. Goodi tnd Chilieli of Feloni and other Koyiliiet ({rallied to iht CorporaiioD. The oflSce of angr i granied lo ihe Corpo- And of Meafarrr. • or StrvcyOT and T*Att. Of Cartage, Cariiage, &c. OfGaiblerofSpicei, Ac. vrlMrvM into the Taid rivtr. u Well tor the better fecuritig the faid hitt^ hour and Tor the ladinj; and unlading ofsoodsi as for the making Aockl and Oipi for the purpo^s aforefard ; and that they Ihall and may hare, n- ceive and takte reafonable anchorage, wharfage and dockage for the hrnn, without any account thereof to be rendered to u«, our heirs or fuccfeflbn. And we do furthfet. for us, our heirs and fucceirors, give and grant unto the faid Mayor, Aldernhen and Commonalty, and their fucceflbrs, that they and their fucceflbn, (hall from time to time, and at all times hbreaner, hare full powvr, licence and authority, not only to eftabKA, appotnt. order and direft, the making and laying out all other ftreets, hines, il- leys, highways, water courfes, bridges and flips, heretofore madie, laid out, OT ufod, or hereafter to be made, laid out, and ufed, but alfo the altet^g« amending and repairing all fuch ftreets, lanes, allcj-s, highways, water couHeR> bridges and flips, heretofore made, laid ont, or ufed, or heft- after to be made, laid out, or uf^d in and throughout the faid dty of Sa'int J^n, and the vicinity thereof, throughout the coHiity of Saint 3ohh herein after mentioned and ere6ted, and alfo beyond the limits of thfe laidcitv, on either flde thereof, To al wars »» Inch piers or wharves fo to be ereAed, or Areets fo to be laid out, io not extend to the lakihg away ofanypcrfona right or property, without his, her, or their confent, or by fome known laws of the faid province of New-Brunfwick, or by thehw of the land. And further, we, of onr efpecial grace, certain Icnovtitdge and mere motion, give and grant, and by thcfe prcfents, for tis, otir Tfieii'S and fucceflbrs, do give and grant inito the laid Mayor, Aldermen and Commonalty of the faid city of Saint John, and their fucceffoTS Ibrere^, that they> and their Aicceflbrs, fliall and may, have and hold, one Fair, in the faid city> on the fecond Tuefday in May, and on the fecond l\ierday in Septembei', yearly and ever) year ; which fame Fair, fliall conTinne by the fpace of three days, together with all liberties and free cuftoms to fiicn kind of Fair belonging. And of our further cfpecial grace, certain know- ledge and mere motion, we have alfo giwn and granted, and by thd'e pre- fenis for us, our heirs and fucceflbrs do give and grant, unto the faid May- or, Aldermen and Commonalty of the laid city of Saint John, and m their fucceflbrs forever, all the goods and chattels of felons, felons of themfcUes, and of fugitives, wails, cllrays, treafure-trove, deodands, and wreck of the fea. happening, arifing, or to be found, as well within the limits of tlie faid city and liberties thereof, as any where without, in, by and through the county of Saint John herein after defcribed, and on the coads, harbours, rivers and creeks thereof And we do hereby, further, for us, our heirs and fucceflbrs, grant and give unto the faid Mayor, Aldermen and Commonalty of the city of Saint John, and their fucceflbrs forever, the office ofGuager, of, and in ihc faid city, to guage all and lingular the wine, rum, brandy, molnflcs, beer, ale, cyder and other merchandizes and vcflels, guageable or lo be ganged within the faid city, (except fuch liquors as are to pay duty, by viVtuc of any aft of Affembly, until after they have been gnaged by the public of- ficer appointed for that purpoi'e : ) And the office of Meafurer of, and in the faid city, to meafure wood, lumber, fait, wheat, oats, and other grain, and all other merchandizes, meafurable or to be mcafurcd in the faid city : And alfo the offices of Surveyor and Packer of bread, flour, beef, pork, and other provifions, and all other merchandizes and commodities to be furvcyed and packed in the faid city : And alfo ihe office of Cartage, Carriage, and Portage of all goods, wares, and merchan- dizes and other things, to be carted or carried in or througb the faid city, or any part thereof, or up and down, and along the fliores of the ftid har- bour : And alfo the office of Garbling of ail manner of Spices and other merchandizes, and things to be garbled in the city aforefaid : To have and to hold the feveral offices aforefaid and every of them, and the ftifpo- fltion, ordinances and correftions of the fame, and to cxercife the fame THOMAS CAKLEtON. Efq. Governor. is / Mayor or hit deputy hy theihfelves or their deputies, and to take and receive to therrtfelveft as fee*, profits and pcrquifites to the faid offices and every of them due, or to be due, and ail the fine^, amerciaments and furreiltires to be laid and forreitfd concerning the lame, or any part thereof, to them, the laid Mayor, Aldermen and Commonalty, and their fiicceffors, to their own proper ufc forever, vrithout any account, or any other thing to us, or our heirs or fuccedbrs, to be given or made. And further, that the Mayor of the faid city, for the time being, or his deputy, for the time lamikerm ciiiuai', being, fliali from time to time, and at all times forever hereafter, have full power and authority, under the common feal of the faid city, to make free citizens of the faid city, and the liberties thereof ; and that eve- Whoire topayiJiere. ry perfon fo to be made a free citizen, fhall pay. on his being made free, [^;,;°,;^i;„"['f„^ i,' for the ufe of the faid Mayor, Aldermen and Commonalty of the city ekcceding/j. aforefaid, and their fucceflors forever, a fiim not exceeding five Eounds current money of New-Brunfwick. And we do, for us, our eirs and furceflbrs, give and grant unto the faid Mayor, Aldermen and Commonalty, and their fiicceflbrs forever, full power to alk, take, demand and receive the fame to their own ufc and behoof, without any account thereof to be given to us, our heirs or fuc- ceflors, or any other perfon or perlons whailbevet. And V^e do no perfon not being • hereby, for us, our heirs and fucceflors, conllitute, appoint and or- free citiiemoure ■• dain, that no perfon whatfoever, not beinj» a free citizen of the faid "^ f^"^'„"o%\hy city, as aforefaid, fliall, at any time hereafter, ufe any art, trade, inyf- Kui"wiih'n ihiiciix tery, or occupation within the faid city, liberties and precin6l8 there- or liberiiei theitof, of, or fliall by himfeif, thcmfelves or others, fell or expofe to fale. any manner of goods, wares, merchandizes or commodities, by retail, in any houfe, fliop, place or Handing, within the faid city, or the li- berties or theprecin£\s thereof, (fave in the limes of public Fairs) and that every fiich perfon fo ufing any art, trade, myffery or occupation, or fo retailing, contrary to the intent and meaning of thefe our pre- • fent letters, and fliall perllfl therein, after warning to him or them thereof, given or left, by the appointment of the Mayor of the faid city, for the time being, or his deputy, Tit the place or places where fuch perfon or perfons fliall fo ufc any art, myflery or occupation, or expofe to fale, by retail as aforefaid, any goods, waresj merchan- dizes or commodities as aforefaid. fliall forfeit the fum of five pounds Under the pemlijr of of like money, to, and for the ufe of the faid Mayor. Aldermen and {g^,^;,.""'' ""* Commonalty of the city of Saint John, and their fuccefl'orsi for e- very time that he oi flie fliall fo ufe any trade, myflery or occupation, or expofe to fale. by retail as aforefaid, any goods, wares, merchan- dizes or commodities ai'ter fuch warning given or left, as aforefaid : All and every of which fame forfeitures fliall and may be levied by dif- trefs and fale of the goods and chattels of fuch delinquent or delin- quents, by warrant under the feal of the faid city, figned by the May- or thereof, for the time being, or his deputy, rendering the fur- plufage to the owner or owners thereof (If any be) the neceflary charge of making and felling fuch dirtrefs being firft dedufled, or by any other lawful method to be obtained ; and fliall b- recovered and received by and to the only ufe of the Mayor Aldermen and Commonalty of the city of Saint John, and their fucceflors forever, without any account thereof to be given fo us. our heirs or fucceflors, or to any of the oflicers or miniflers of us, our heirs or fucceflors: Pro- Kone to t« nude free TIDED ALWAYS, and we do hereby, for lis, or heirs and fucceflors, di- but natursi born fub. refl, appoint, and order, that no perfon or perfons fliall be made {'"',"J''oI'™Vd"dJ; free as aforefaid, but fuch as arc or fliall be natural born fubie6)s of us, our nicem. heirs or fucceflors, or fliall be naturalized or made denizens. And ah the prefem white tve do further, for us, our heirs and fucceflors. ordain, appoint, diref>, inhabiimu midc free* vill and grant unto the American and European white inhabitants of "«»• the faid city, our loving fubje£ls, who on the day of the date of thefe D our 16 CHARTER of the CITY of SAINT JOHN. Power to appoint ill neccRiry ofliceri for lh« piefervtiion of Kood rule and oidcr in ■he city. Power tn IjiiiM bri(^e- 'vclli, houfes of cor- reAion, work'hourei, Aocki, &c. I'o lake up :ill (Irat- ^\et% and difurderly pcrfoni, And order thrm to work on the hiKhwayi, or to be committed to the woik-hauTr, or fet in the Aocki, &c. PoA-er to build alini houfei. Corpr>r>iion to have (oali and cumptcn. our letters patent are refidents of the faid city, that they may be ad^ mittcd, and they are by thcfe prefents admitted free citizen* of the faid city, and (hall be entitled to all the liberties, privileges and prc>emi- nences of freemen of the faid city, and of the liberties thereof; they firft taking fuch oath as herein is prefcribed for the freemen of the faid city to take, and getting their names regidered as freemen by the Com> mon Clerk of the faid city. And for the better prefervation of good rule and order in the faid city, we do, for us, our heirs and fucceflbrs, will, ordain, and grant unto the Mayor, Aldermen and Commonalty of the faid city, and their fucceflbrs, that the Common Council of the faid city, for the time being, or the major part of them, fliall have full power and authority to licence or ap' point, by warrant under the common feal of the faid city, or otherwile, a port mailer, and two or more wardens of the port and harbour afore- faid, a city furveyor, furveyors of the highways, wharfingers, infpeflors and mealurers of cord wood, timber, boards, (hingles, ilavcs, and other ] umber ; one or more furveyore of flour, bread, beef, pork, and barrelled filh, and other provifions ; meafurers of grain, fait, and all other commu-^ dities ; guagers of wine, beer, ale. cyder, rum, brandy, and all other falc- able or excifeable liquors; garVilers, beadles, bellmen, watchmen, bride- ^vcll keepers, or keepers of a houfe or houfes of corre6lion, and of alms houfes, cryers and bell ringers ; and alfo to appoint in like manner, inch and ib many other oflicers, as (hall from time to time be found neceflary or convenient, to enforce and execute fuch bye laws and regulations as may hereafter be made by the faid Corporation, and to difplace all or any of them, and put othei-s in their room, and to add or diminifli the num^ ber of them, or any of them, as often as the faid Common Council of the faid city, or the major part of them (hall think fit. And further we do, for us, our heirs and fucceiTors, grant unto the faid Mayor, Aldermen and Commonalty, and their fuccefTora forever, full power and authority, to ere6l and build one or more bridewell or bride- wells, houfe or houfes of corre£lion, and work-houfe or work-houfcs, and alio one or more common flocks, together with full power and authority to the faid Mayor, Recorder and Aldermen, and their fucceflbrs, and tt» each ol them jointly or feparately, to take up and arrefl, or oi'der to be taken up and arrefled, all and any rogues, vagabonds, flragglers, idle and fufpicious and diforderly perfons; and as the faid Mayor, Recorder or Aldermen, or any one of them (hall fee caufe to order all or any fuch rogues, vagabonds, flragglers, idle and fufpicious and diforderly perfons, to work on the flrcets or highways, or to be committed to the faid work- houfe, there to remain and work fuch work, and fo long (not exceeding forty days) or clfe to bridewell or to the houfe of correftion, there to receive fuch puni(hmcnt, not extending to the lofs of life or limb, or to the fuid common flocks, as the faid Mayor, Recorder and Aldermen, for the time being, or any one of them (hall think fit ; and alfo that they the faid Mayor, Aldermen and Commonalty, and their fucceflbrs forever, may and fliall have power to ere£l and build fuch and fo many alms houfes for the relief of the poor, as they fliall think fit, together alfo with as full and ample power to them and their fuccelTors, to order, dire6l, and a£>, in and about fuch bridewells, houfes of correftion, work-houfes, and common flocks, and alms houfes, and the perfons put in and ordered there, as to any city or corporation in any place of that part of our realm of Great-Britain called England, and the officers and miniflers thcreofdoth or may belong. And alfo that they the faid Mayor, Aldermen and Com- monalt}-, and their fucceffovs forever hereafter, may have one or more gaol or gaols, compter or compters, in fuch fit place or places within the faid city, and limits and jurifdi61ion thereof, as by the Common Council of the iaid city, for the time being, or the major part of them, (hall be ap- pointed to imprilbn and fafe keep all and every perfon and perfons, for I THOMAS CARLETON, Efq. Govcrnoi'. 17 bead- of the irc-emi- >r; they he laid Com- any treafotw, murders, rdonics^ trerpafTes, evil doing.s, debt« and other mat'- ten and caufci whalfoever, to be arrefted or attached, or to be rommittrd to the goal or gaols, or compter or compters arorefaid, in tafe cliflody there / to remain until they be delivered by due courfc oFthe law; and that the (,^ mon Council Common Council oF the city aforei'aid, Tor the time being, or the major hjvT power lo appoint part of them, fliall and may have power, from time to time, to name, con* k"?"' "f '•'* «"'• ftitute and place one or niore fit perfon or perfons in the office or office* »"'*" ""P""' of keeper or keepers of the gaol or gaols, compter or compters afore- faid, to hold the fame during the good plenfure of the Common Coun- cil of the faid city, for the time being, or the major part of them as a<- forefaidj requiring, and hereby for us, our heirs and fiicceflbrs, empow- ering and commanding the keeper and keepers of the gaol or gaols, comp- ter or compters aforeiaid, for the time being, that all and fingular trai- tors, murderers, felons, malefa^ors, diflurbers of the peace and other delinquents, and all others for any crime or offence, or for any debt or other reafonable caufe ot matter, to the gaol or gaols, or compter or compters aforefaid, ordered or committed, or to be ordered or commit- ted, from time to time, (hall receive, take, keep and caufe to be kept, in the faid gaol or gaols, compter or compters, until they Ihall be thence delivered by due courfe of law. And we do further, for us, our heirs and furcelTorS, will, ordain and Miyor lo be aetk of grant, that the Mayor of the faid city, for the time being, fliall forever >i>* Mnicti, to •» by hereafter be Clerk of the Market of us, our heirs and fuccelTors, within *"""''''" ''•»""^- the city aforefaid, and the limits, liberties and precin6ts thereof : And that the Mayor of the faid city, for the time being, by himfelf or his de- puty, may iind fliall have full power and authority to do and execute, and fliall and may do and execute, forever, within the limits, liberties and precinfls of the faid city, all and whatfoever to the office of clerk of the market there doth, fliall or may belong, without any liindrance or impediment of us, our heirs or fuccelTors, or any the officers of us, our heirs or fucceflbrs ; and that no other clerk of the market fliall in- termeddle there ; and alfo that the Mayor of the faid city, for the time being, and his fucceffors, during the time of his and their Mayoralties, bailiff. and no other be, and fliall be the Bailifl'and Confervator of the water of the bay, harbour, and river Saint John, and the coves, inlets, and creeks thereof, and fliall and may do, exercifc and execute the faid office of bailiff) and confervator of the watei-s aforefaid, or water baiiifT, by him or themfelvcs, or by his or their fufflcient deputy or deputies, in, upon or about the fame waters aforefaid, in and through all the limits, bounds and jurifdi£)ion of the faid city of Saint John, upon all and every the banks, fliores and wharves of the fame waters aforefaid within the limits and bounds aforefaid, and to have, receive, rollef^ and enjoy all and fingu* lar wages, rewards, fees and profits to the fame offices of clerk of the market and water bailiff, or any of them due or to be due, or belong- ing to his and their own ufe, without any account thereof to us, our heirs or fuccelTors to be made. And :ilfo that the Mayor of the faid city, for Miyot to ippetm the time being, fliall have full power and authority to licence and ap- nwrlhiii, cry«n, md point, by warrant under his hand and feal, two or any greater number of „J^eD,*&t. ic!^"' marflials of the faid city, and bell-ringers, cryersof the Courts of Sef- flons and Common Pleas, porters of the great beam, balance and weights, common porters, carriers, cartmen, carmen, waggoners, teamfters, dray- men lightermen, ballaftmen,wherrvmen, packers, cullers, common cryers, fcavengers and beadles; and to difplacc all or any of them, and to put others in theit rooms, and to add to or diminiih the number of them or any of them (except the marflials, which fliall not be lefs than two) when, and as often as the Mayor, for the time being, Ihall think fit. And alfo that the Mayor of the faid city, for the time being, fliall have Mayer lobm aCom. a common feal, which fliall be called The Skal of the Mayoralty o» »»v ?«.•' «»"^ »'»• Saint John's, and fliall ferveand be ufed as well for the deputing, licenc- ing • Alb to be WttCf S«i»{ihiMa7aNh7. 18 CHARTER of the CITY of SAINT JOHN. Mayor »o nnni !!■ cencei to iuftioneeri, lanrn keepeii, it- laileii of rpiiiioui lU quori, &c. To uke iherefor (ath Tum 41 he can agree for noteacee(linf|/4, ex- cepi from aiidionetri, the money lo be for the ufe ofibe Corporslion. Licenie< to be in force for any time aftrccd on not exceeding one year. No neifon 10 aft Willi- out luch licence un- der penally of/j for every olfcncc. Black people thouah not freemen may be licenred by the Mayor lerefide ni the city, nod carry •a toy bufi- ing or appointing of ail fuch offlcen and ininiften of the faid city n are or (hall be in the nomination or appointment of the Mayor of the faid city, for the time being, ai for the certifying any a£t. matter or thinga, tranfafling or to be tranfafled, or done within the faid city, and which may be thought ufeful or neceflary to be certified under the feal of the faid Mayor, as Chief Magiftrate of the faid city; and that he the faid Mayor, for the time being, fliall, and may have, receive and take, for the faid feal, fuch fees and perquifltes as ihall be eilabliflied by the Common Council of the faid city, or the major part of them, without any account thereof to be tendered to us, our hein and fuccelTon. And we do farther, for us, our heirs and fucceflbrs, grant unto the faid Mayor, Aldermen and Coronionalty of the city of Saint John, and their fuoceflbm forever, tliat the Mayor of the faid city, for the time being, and no other whatfo- ever, fhall have power to give and grant licences under the common feal of the faid city, to all fuch perfons as he ihall think tit, to licence them or every of them, to fell at public outcry or au61ion, or to keep a tavern, an inn, an ordinary, a victualling or a coflTee-honCe, or to fell ■wine, brandy, rum, tirong waters, punch, beer, ale, or any excifcable or flrong liquors whatfocver, within the city of Saint John, or the liberties or prccin6ls thereof, by reiai' or the fmall meafure, under the quan- tity of five gallons ; and that .i fhall and may be lawful to and for the Mayor of the faid city, for the time being, to alk, demand and receive for every fuch licence by him to be given and granted as aforefaid, fuch fiim or fums of money as he and the perfon to whom fuch licenre fhall be given and granted fhall agree for, not exceeding the fum of four pounds for each licence ( licences for auctioneers excepted ; ) all which monies as by the faid Mayor fhall be fo received, fhall be ufed and ap* plied to the public ufe of the faid Mayor, Aldermen and Commonalty of the city of Saint John, and their fuccefTors forever, without any account thereof, to be rendered, made or done, to us, our heirs or liicrefTors ; every and each of which licences (hall continue and be in force for any time agreed on not exceeding one year from the granting thereof, but no longer. And we do hereby, for us, our heirs and fuccefTors, conftt- tute, direct, and ordain and appoint, that no perfon or perfons whatfoever, without fuch licence being in force, fhall at any time hereafter be an nuflionecr, keep any tavern, inn, public ordinaries or victualling houfe, or fell wine, brandy, rum, flrong waters, punch, cyder, beer, ale or any other forts of excifeable or flrong liquors within the city of Saint John or the liberties or precin6ls thereof, by retail or i'mall meafure, under five gallons, under the penalty of five pounds current money of New-Brunfwick for every time that any perfon fhall a6l con- trary hereto in any refpefl, to be forfeited and paid by every perfon for every time lie or flie fliall offend or aft contrary hereto in any refpefl, lo and for the ufe of the faid Mayor, Aldermen and Com-< monalty of the city of Saint John, for the time being; all and every of which penalties fliall and may be levied by diQrefs and fale of the goods nnd chattels of fuch delinquent and delinquents, by war- rant under the hand and feal of the Mayor of the faid city, for the time being, or his deputy, rendering the overplus to the owner or owners thereof, if any be (the neceffary charges of making and felling fuch dif* refs being firlt deduced}, or by any other lawful method to be obtain- ed, and fhall be recovered and received by and to the ufe of the Mayor, Aldermen and Commonalty of the city of Saint John, and their fucceflbrt forever, without any account thereof to be given to us, our heirs or fnc- ceffors, or any of the minillciu or officers of us, our heirs and fuccefTors. And further, for us, our heirs and fuccefTors, we do will and hereby declare, that although the people of colour or black perfons, now refir ding in our faid city, and hereafter to come and refide therein, are by thefe prelents excluded the privilege of being or becoming free citi- zens THOMAS CARLETON. Efq. Govcrnon 19 Mn» tiwrtor, ytt it ii not our pleiinft any who is not an inhabitant of the faid city, the fame (hall be by attachment of the body of the defendant : But if any inhabitant (hnll ne^le6\ to appear and anfwer on his being fummoned, or if it (hall appear on ulTidavit, that the inhabitant is about to depart thejurif-^ di£lion ol^the faid city, then and in either of thofe cafes the plaintifT in fuch aflion may proceed by attachment as aforefaid. And for the more fpeedy determining of all controverlies in the faid court, and to leflen the expence thereof, we do ordain and direct, that the plaint and plead- ings in all cnufes be ore tenus according to the ufage and practice of the courts held before our SherilTs of our counties in our realm of £n- !|land, and that the ifliie and proceeding be entered and kept by the aid clerk alTocinte, or his deputy, in (hort entries. And alfo we ordain and dire6>, that by virtue of thefe prefents, and without any precept there- of to the mar(hals of the faid city to be direfled, they the marlhals of the faid city, or eitherof them, (hall from time to time fummon and return a jury or( 5 ) twelve honeft and lawful frcehoWers of the faid city, to appear in the faid court, on every court day foreA-er, who (hall, beingfirtt fwom im- partially and truly to hear and determine the feveral caufes brought before them, proceed to try all ilHies and afl'efs damages in all caufes which (hall be given in charge to fuch jury by the faid court: and if there (hall happen to be defeft of jurors for caufe of challenge or otherwife, the fame (hall be fupplied, from time to timebya/^/es r/i°c'm/m^A^//^»»,accordingtotheprac- tice of the courts of the common law : and that the evidence to be given to the faid jury, (hall be by witnelTes vivn voce, or fuch other evidence as is admi(rible by the rules of law, and not by the oath of either party. And we do alfo hereby ordain and direfl, that on all judgments to be given Mtinfrtlbil U Ik* lictncc, which my hi fuppttflU II iht plm> niriofihahltjrw. Cii)r Courii 10 b« holden ODceifonniihl b«r«re one of I h« Al> derncn ind ihe Coo* mon CIcik for iht trial ofUttrttof4^T«liit. Proceeding ihtiti* M be *rt Utm, MarOiill to rummeo • juiy of twelve fsi ibe caufct. trial of ihi £vidciicc 10 be by wib acflin, &c. ExecotioBlobaoftho body 01 goedt. or [4] /n actionifor the recovery of debts, the jurisdiction cfflhit court it estendedto fioe jWMidir. See Prov. Stat. £0 Geo. 3, c. i7, % 16. [6] Bg the Prav. Stat. 3d Geo. 9, c. 10, « iiprtaidid, thtl tbr«ejt authorized and fully empowered, to execute and return all and every the precepts and commands of the Alderman and Clerk of the faid court, or either of them. And we do alfo, hereby ordain, that for any contempt, abufc or difturbance committed or done, in, or to the faid court or the procefs thereof, or tot not appearing as a juror when fum- moned, the party delinquent or ofTending (hall be fubjrf), either to an amerciament not exceeding twenty (hillingS) or to be committed during thedttingofthe court, at thedifcretionof the faid court. And we do further ordain and dire£l> that before the faid clerk or his ( 7 } deputy (hall proce^ to fit and hear caufes in the faid court, he (hall, bclides the ufual oaths, take an oath before the Mayor or Recorder of the faid city, well and truly to execute his office as clerk and judge uf the faid court fur trial uf caufes of forty (hillings, according to the bed of his (kill and knowledge, and that he will not deny or delay juftice to any one. And we do for us, our heirs and fuccefTors, grant to the faid Mayor, Aldermen and Commonalty and their fuccefTurs forever, that the Common Clerk of the faid city for the time being, forever (hall be, and he is by thefe pre* fents authorized and empowered, to appoint futficient deputies fur the feveral diftrifls of the county of Saint John, who, together with the juftices of the peace refiding in the faid diHrifls rerpcfliveiy, or any one of them, fliall be, and hereby are conliituted judges of the court for trial of caufes not exceeding forty (hillings, in the faid dillrifl, with full pow> er and authority, according to the courfe of (he common law, to henr and determine all fuch caufes in like manner^ on the every niternalc Thurf- day, or once in every fortnight, and fubjcfl to the fame redriOionK and regulations, and with the fame and the like other powers as herein before are directed and ordained, to and for fuch court within the (aid city of Saint John. And the conftables of the (aid refpefiive diHrifis, arc hereby alfo empowered and enjoined, to fummon and return jurors, ex* ecute the procelTes, and to do all things, which (hall be given them in command by fuch juftice and clerk, or the deputy of the faid clerk for the time being : And the keeper and keepers of the gaol of the faid rity and county, are alfo hereby empowered and enjoined, to take and keep in gaol fuch perfon and perfons, as by any precept or warrant from the clerk, or his deputy, of the faid court, he (hall be direfled, according to the tenor of fuch precept or warrant. And moreover, of our further grace, certain knowledge and mere mo* tion, we have given and granted, and by thefe prefents for us, our heirs and (ucceffon, do give and grant unto the faid Mayor. Aldermen and Commonalty of the city of Saint John, and their fucceflTors forever, all and fingular the melTuages, tenements, dwelling houfes, lots of ground, and all other lands or ground whatfoever, covered or uncovered with wa* ter, fituate, lying and being within the faid city of Saint John and the li- mits and boundaries thereof, together with the three fmall idands lying in and near the Falls in the river Saint John aforefaid, and near the weftern limits of the faid city ; which fame iflands (hall be included in and a part Mirikali titt jHoleri ke (iccuM til pre- ccpu, ftc. Fnnilbmenl (m c*ii> ttmpi of thf court. The Clerk or hit de- ■uixioukcinotibu [ud|eefthcr*id court •efbrc the Maror or Rreordcr b«fore be Cm (• htti uufei. CIcrklo hi«« power 10 •ppoinldcpulin (bribe ftvcnl difliifit in the coanty of Stint Jobn, who wiib c juOice of the peice nif bold focb court ia focb 4iaria. Alt uncrt wiibin IK boandi of the ciljr sivto to the Corpoftiion including the three IQudi ncte the Ftlli. [0] Bjf the tame ttatute, the prciiditig Jutlice and no other is to determine the length oj time of the impritonment ; nArcA ts n'A t» exceed three monlht. [7] The Clerk (by the tame fiMUte) it prohibited from deputing his jitdieial power. partofKing'i woods, under fwamps, pon( covered with ing, mines, nr profits, privil nances whatf and boundar defcribed, b< reverfions,,r( and of every bridges, toll! privileges, a in any mann any of the ( to have, reci our eftate, r of, in and t( our faid lov our loving lands, tenen joy, or wh ny grant or or of our and fingula with their, cept as is Commonal holden of u manor of 1 Kingdom I ing theief ciation of fice ofou city of Sa Great Bri mands wh us, our h thelefs to ments he therefore and direi our faid forefaid, the ufe i to fuch Aation I alfo wit (laid Ma of a Lig a perfoi faid hai ofthol the fai( ferve thority comm batteri and hi THOMAS CAHLETON, Efq. Governor. n any raid fum- |to an luring te do / (hall urual well rt for II and And part ofKing'a Ward in the faid city, together alfo with all and Angular the woods, underwoods, trees, timber, feedings, pafturcx, nieadows, inarfhes, fwamps, ponds, pools, rivers, rivulets, fens and ftreams of water, land covered with water, bays, inlets, harbours, filhing. fowling, hunting, hawk- ing, mines, minerals, (gold and filver mines only excepted) and all other profits, privileges, advantages, emoluments, hereditaments and sppurte« nances whatfoever, to the (aid lands andpremifes, within the lines, limits and boundaries of the faid city of Saint John, herein before par|icularly defcribed, belonging, or in any wife appertaining ; and the rcverfion anil reverflons, remainder and remainders, rents, ifTues and profits thereof, and of every part and parcel thereof i together alfo with all fairs, markets, bridges, tolls, tronage, piccagc, (tallage, pontage, pafTage, and all other privileges, advantages, emoluments, perquintes and profits whatfoever, in any manner of way arifing or growing out of, or by means of, all or any of the premifes herein before granted, and which of right they ought to have, receive, and enjoy and take, by virtue of thefe prefents ; and all our ellate, right, title, interefl, property, claim and demand whatfoever, of, in and to the fame, and every part thereof, ( faving and referving unto our faid loving fubjefts, the inhabitants of the faid city, and to all other our loving fubjefb, their hein and adlgns rcfpeftivcly, all fuch houfes, lands, tenements and hereditaments, as he, (he, or they have, hold and en« joy, or which he, (he or they, may or can legally claim, by or under a- ny grant or patent under the great feal of our province of Nova-Scotia, or of our faid province of New-Brunfwick :) To have and to hold all and Angular the premifes aforefaid, and every part and parcel thereof, with their, and every of their rights, members and appurtenances, (ex- cept as is before favec? and referved) unto the Mayor, Aldermen and Commonalty of the city of Saint John and their fucccfTurs forever ; to be holden of us our heirs and fucce(rors, in free and common focage, as of otir manor of Ead-Greenwich in our county of Kent, within that part cf our Kingdom of Great- Britain, called England ; yielding, rendering and pay- ing therefor, unto us, our heirs and fuccelfors, on the feaft of the Annun- ciation of the ble(red Virgin Nfary, commonly called Lady-Day, at the of- fice of our Receiver General of our province of New-Brunfwick. at the city of Saint John aforefaid, the rent often (hillings (lerling money of Great Britain in lieu and (lead of all other rents, fervices, exa6liohs or de'^ mands whatfoever, without any account or reckoning, or other thing to lis, our heirs^ or fucccfTors, for the fame to render or do ; fubjeft nSver- thelefs to the limitations, ufes, re(lri£lions, refervations and appoint- ments herein after appointed) ordained, exprefTed and declared : And therefore we do for us, our heirs and fuccetTors, appoint, ordain, declare and direfl, that the illand called Kavy-Ifland, lying in^ and being part of our faid city, at the mouth of the river Saint John, and in the harbour a. forefaid, (hall at all times forever hereafter be, remain and continue, for the ufe of our royal navy, and be ufed and occupied, in fuch manner and to fudh purpofes, as to our naval commander, for the time being, on that fiation (hall feem meet : and that theiflandaforefaid called Partridge^Ifland, alfo within the limits aforefaid, be at all times forever hereafter kept by the laid Mayor, Recorder and Commonalty, as well for the due ufe and purpofe of a Lighthoufe to be erefled thereon, and for the keeping and maintaining a perfon to attend and watch the faid light, for the fafe navigation of the faid harbour, as for a PeOhoufe to be alfo thereon erefled, for the ufe of thofe who may be hereafter obliged to perform quarantine on entering the faid port. And further, we do, for us, our heirs and fuccelTors, re- ferve to us, our heirs and fucce(rors forever^ full right, power and au- thority, at any time and at all times hereafter, to enter into and upon the common lands of the faid Corporation, and to ere6l thereon barracks, batteries, forts^ and other fortifications for the defence of the faid city and harbour. And in further purfuance of the aforefaid limitations, ufes, . , refiriflions. .»? •« Subjcfi 10 re**r*l >*• fcrvaiioni ud linili- tioni, viz. Snf Ifland lo be le the ufe of ihc Rcjrd nivjr. Pirtridge Idind for ■ bJlfc. Power rercrved Co the Crown to ercA bar* tacki, batter in, &c. on the commoo land* af the Cerponiica. A maiket plict it* 23 CHARTER of ihe CITY of SAINT JOHN. mun mctpi km' lMI*plM«. / fcf««4 M Ik* ««««n rcAriOioM^ rtfcmtioiw and •ppointmcnit, wc do for *•, our htin untl MtaiUMkMkMr. fucceflbn, •ppoint, ordain anddtclart, thai there bt laid out and ftt t- part for a Burkft-placf on Ihe common ground of ih« laid cil) , on the wed fide of lh« faid harbonr, a piece of ground comiU'^ncing from Froni- flrcct or row where it mtela the faid river, and extending iwo hundred feet along the water line on the bank of the river aforefaid at high water mark, towards the neck of land on which remain Ihe ruina of Fort Frederick; MirkM pticn m4 and that the (aid market-place fo to be laid out, aa well aa the market- '' ^^""^^ '* '** P'*c* already laid out on the eail flde ol the faid harbour, and alfo the ^,Tti 7e •ny"!i^ public fquarea en both (ides of the faid river, and which are already laid ipi kuiidint MM- out and appear on the plan of the furveyof the faid refpe6li\'e dillrifis h«|i»oaib«w^ already publi(hed, and known by the names of Kin|'i fquerc, and Queen '« ' Iquare, ihall be and forever remain open, and unincloTcd and unappr. prialed to any ufe or ufes whafoever, cither private or public (the build ing of market-houfes on the faid market-places only excepted ] \mk WMttloMMtlMvtl we do further appoint and ordain, that the reddue of Ine ci nmon . . md |iM 'mTi)!* for" 1!!^ on the weft flde of the laid harbour, ranging along the water fi • rom «mrt4iMaa(»teaft<, the faid fnatket-place ro the neck of land aforefaid, and extendii fuch accordingly. The fiOicrici en iht And we <'o further limit, appoint, ordain, declare and dire6t, that the MS fide. ■• bt to ilw ({flieries between high and low water mark along the eaft fide of faid '"i?, "' bay, river and harbour, (hall be and forever remain to and for the fole ufe, profit and advantage of the freemen and inhabitants of the faid city, on the ea(l fide of faid harbour ; and they the freemen and inhabitants of the faid city, on the eaft fide of the faid harbour, (hall and may< by virtue '. treof, have and enjoy the fole fifhing, hauling the feiae, cretling weirs, and taking the fifh between the faid high and low water mark on the fa ^^ eaft fide, to the total excluflon of all and every the fireemen and ' " " inhabiiants of the weft fide of Ihe faid harbour, and all others under anjr '^^nlaailKvrilUt. pretence whatfoever. And in like manner we do limit, appoint, erdaio, M (he inhabiiiou tf declare and dire£l, that the flfheries between high and low water mark, on ihtwtBfidt. ||,g y^ u^ 0f x\A{ajA bey, rivcf and harboiuv (ekcept tho£t on and liinoundiog Anr (nni Of public ■'J. THOMAS ( ARLETON. fifq. Governor. <5 •••iri and ' aad Ttt ■. •')' on (he from Front- lundred feet »»»»er mark, Frederick ; -'he market* »<• "iro the iJreadlr laid ■iv* diftrifli *<• Queen '« unappr. (the b>iiid '«' } Aaa noil . , md ' rom ndiiijj j/om "•» Wgh to .not be ap. iore^hotilca fver remain ftoring and t 'huil be 'hatfoever. d convey* ermen and there Ihall f the gran* herein (ball and liore* and only 'thin fuch e "i« fam* »")' part •"fr what- aforefaid, id Mayor, Hich iroi«. and con- >nd com'- of thftot CT thi»^ '' h- -iiUc icdtobe, that the of faid the fole •id city, abitanta My, by Mrlcon en and *«raojr wdwo, ■rtt, on m an liog i furrounding the faid Navy-inand, v<'hich (hall be and remain lu all the in- habiianli of the faid city in cumnri' ) /Itall be and ^8vrr remain lu and For the fole ufe, profll and adtantjge of (h« freemen and inhabitant* uf thr wed (ide of ine faid bay, hai '>iir and n , and thrv the freemen and inhabitants of the faid rily, on the well kdc <>l the faid harbour, (haN and may bv virtue hrrfof, have and enjoy the lolc filhing, liaiilinsj the feinc, erefting weirs and taking the filh bet ecn the faid high aiui low water mark on the faid well (ide, to the total cxcliinon of wit and everv the freemen and inhabitants of the ea(l (ide of the faid harbviir, and all othnn mder any pretence whatfoever. And wr do alfo limit, appoint, cr- '^»i I, declare and direO, that the common landn lying and being on tiic *ni Me of the faid harbour, Ihall be for the common ufe of the inhabitants i ! .> e<: b«n«tfi ol ih« ia- Ixhiiuti uf Uw (ill Cilt. AnJ ibc tofliiiioa liiidi on ibe well U», to I he inhibiUBU aJf the weft Cdt. The rcGdiMof iht prt- niirfi for ih« cemmoa benefit. Cooaiy of Slim John r'^eo, ind bouodi ib:ica( derciibed. VVblch lOcludiRg ibe City, lo be foievcr cilled ihe Ciiy ind CoBOt/ of Siioi Jofaa. SbetilTatwl other offi< ccri to be obedient la the Mayor , &c. 34 CHARTER of the CITY of SAINT JOHN. Ofilu M be taken by ihc rcrpeClive ofiiccti. Th* Mayi {worn before the Co. «enier or ConoiiDder io Cbicf. or any of them, at all times hereafter, according to the duty or obliga- tion of their refpe£)ive offices and places, and to execute all and every the commands, precepts, warrants, and procefles, to them refpe61ivciy direfled and iflued, and given out, and to be iflued and given out, by them the faid Mayor, Recorder and Aldermen, or any one of them. And we do further, hereby, will, declare, and ordain, that the Mayor, Recorder, Aldermen, Afliflants, Sheriff, Coroner, Common Clerk, Chamberlain, High Conftable and Petty Conflables of the faid city, fuch of them as are hereby appointed and named, and all and every fuch as hereafter are to be appointed, ele£led or chofen, (hall, before they be rc- fpe£lively permitted to execute their refpeflive offices or places aforefaid, refpe£lively be fworn as follows, to wit : The hereby named Mayor of the faid city, and every other perfon hereafter to be appointed to or for that o^ce, to take the proper oath as fuch, and well and truly to exe- cute the office of Mayor, and all other offices and places hereby appoint- ed for each Mayor to execute and a£l in, and the ufual oath of a Juftice of Peace, before the Governor or Commander in Chief of the faid pro- vince of New-Brunfwick for the time being, in prefence of three or more of the Aldermen of the faid city of Saint John for the time being ; or, in cafe of the abfence of the Governor or Commander in Chief for the time being, then before the oldeft Counfellor of the faid province for the time being, in the prefence of three or more of the Aldermen of the faid city for the time being. And we do hereby for us, our heirs and fucceflbrs, give and grant full power and authority to the Governor or Commander in Chief of the faid province for the time being, in the pre- fence of three or more of the Aldermen of the city aforefaid, for the time being, or in cafe of the abfence of the faid Governor or Commander in Chief, then to the oldefl Counfellor of the faid province for the time being, in the prefence of any three or more of the Aldermen of the faid city fur the time being, to adminifler fuch oaths accordingly without any other war- rant, commiffion or power, from us, our heirs or fucccflbrs, and fo from time to time, as often as the cafe (hall or may require or happen. And the above named Recorder of the faid city of Saint John, and every other perfon hereafter to be appointed to or for that office, to take the proper oaths fuch officer ought to take, and an oath well and truly to execute the office of Recorder, and the proper oath of a JuAice of the Peace, before the Mayor of the faid city for the time being; to which fame Mayor for the time being, we do for us, our heirs and fuccelTors, give full power and authority by thcfe prefents to adminifler fuch oaths accordingly, in manner aforefaid, without any other warrant, commiffion or pouty, if the fame Mayor, his conftituent, (hall To long live : And if the faid Mayor (hall happen to die within fuch time, that thereupon, and from thence- forth, fuch Deputy-Mayor (hall well and truly execute the office ofMayor of the faid city, until another fit perfon be appointed and fworn Mayor of the faid city, in the manner in thcfe prcltnt letters mentioned ; and (hall alfo take the proper oath of a Judice of Peace, before the Mayor, and any three or more of the Aldermen of the laid city for the time be- ing. And we do hereby, for us, our heirs and fuccelTors, give full pow- er and authority to the Mayor, and to any three or more of the Alder- men of the faid city for the time being, to adminifler fuch oaths as a- forefaid, without any other warrant, commiffion or power, from us, our heirs or fuccelTors. And alfo every Alderman hereby appointed, and c- very perfon hereafter to be elefled to or for the office or place of Al- derman of or in the faid city, to take an oath well and truly to execute the office or place of Alderman, and the proper oath of a Juflicc of Peace, The Recorder to be fworn before the Miy- Of. Deputv-Miyor to be fworn before the May- or and three Alder- Aldermen, &c. 10 be fworn before the May- or or Recorder. obliga> id every Ipeflivcly ouf, by ;in. Mayor, |n Clerk, [ity, fuch fuch as |ey be rc- iforefaid, fayor of I to or for to exe- lappoint- U Juftice laid pro- of more Peace, before the Mayor of the faid city for the time being, or the Re- corder of ihc faid city for the time being. And tilfo evety Affiftant, SheHfl^ Coroner, Common Clerk, Chamberlain, High ConfUble and Petty Conda- ble, hereby named, and every perfon hereafter to be ele6ted or appoint* ed to or for the office or place of an Afliftant, Coroner, Common Clerk or Chamberlain, or (hall be appointed or elefled to or for the office or place of High Condable or Petty Condable of or in the faid; city, each of them refpeOively to take the proper oath for his refpeflive office or place, and well and truly to execute the relpe£live offices or places he is, or fhall have been refpeftively e-' Ir6led or named for, before the faid Mayor of the faid city for the time being, or the Recorder of the faid city for the time being. And we do hereby give full power and authority to the Mayor of the faid city for the time being, or the Recorder of the faid city for the time be-* ing, to adminider fuch refpeflive oaths to each of the refpeClive perfons aforcfaid, accordingly, without any other warrant, power or authority from us, our heirs or fucceflbrs. And we do further, hereby, will, de-^ clare and ordain, that before any perfon fhall be admitted to have or en- joy the privileges of a free citizen of the faid city, or any of them, he (hall be firlt duly fwom, and the following oath is therefore hereby pre- fcribed for him to take, viz. " You do fwear, that you will be good and " true to our Sovereign Lord King George the Third, and to the Heirs " of our faid Sovereign Lord the King; obeifant and obedient fhall you " be to the Mayor and Minifters of this city ; the franchifes and cufloms " thereof you fhall maintain, and this city keep harmlefs in that which in " you is ; you fliall be contributing to all manner of charges within this " city, as fummons, watches, contributions, taxes, tallages, lot and fcot, " and all other charges, bearing your part as a freeman ought to do ; " you (hall know of no gatherings, conventicles, or confpiracies made a- " gainft the King's peace, but you (hall inform the Mayor thereof, or let " it to your power : all thefe points and articles you (hall well and truly " keep, according to the laws and cufioms of this city. So help you " God." Which oath, the Mayor, Recorder and Aldermen of the faid city for the time being, or any four of them, whereof we will the Mayor or Recorder to be one, we hereby authorize and empower to aJminider. And further, of our efpecial grace, certain knowledge, and mere mo- tion, we have granted, and by thefe prefents, do for ourfclves, our heirs and fucelTors, grant and confirm unto the aforefaid Mayor, Aldermen and Commonalty of the city of Saint John aforefaid, and to their fucceffors, that neither they, nor any one of them, nor any free citizen of the faid city, during the time of their being inhabitants there, fhall againfl their or any of their wills, out of the city aforefaid, be put or impanelled upon or in any affizes, juries, or inquifltions whatfoever (although it toucheth, or dolh or fhall touch us, our heirs or luccefTors, and although we or ourfuc- ceflbrs, be or fhould, or fliall be parties) out of the fnid city, neither fhall they, or any one of them be made, elcftcd, or chofen, affeffor, taxor, or colieflor of any taxes, duties, impofts or fiibfidies whatfoever, or of any part or parcel of them, or any of them, out of the laid city • nor fhall be ordained, eleflcd, affigned or appointed conftable, bailiff) or any other officer or miniffer without or beyond the city aforeiaid, and the liber- ties and prccinfls thereof ; nor (hall be called upon, compelled or forced, againft their or any of their wills, to do, receive, occupy or difcharge any of the duties or funflions above mentioned, or any other office, duty or fun£lion whatfoever, without the city, liberties and precinfls aforefaid, except for the laying out roads and highways in other parts of the faid city and county, and the working, clearing, amending and repairing the fame. And although the aforefaid Mayor, Recorder and Aldermen, free- men, or free citizens, of the city aforefaid, or any of them, fhall, while they are or remain inhabitants of the laid city, againft their, or any of their nv^ Oiihefafreceiiiicm •4^ i-?» •li ty out of the city, ex- cept in repairing the roadi, &c. in the city and county, smtsi..i^ n J #| t' '■'^iiJ^J'^'^^^s^^it 96 CHARTER of the CITY of SAINT JOHN. •ft The EBMct of the inkabiuou uid fitc> b*M«ncoofica«d. their willi, be put, impanelled, or returned upon any alltizes, juries, or jnquifitions whatfoever, out of the faid city and limits thereor,- or fhall to any of the offices above mentioned, or any other office or funftion vrhalioever, out of the faid city, be elefled or chofen ; and though they, or any of them, being fummoned, impaneled or returned, ele£\ed or cho- fen as aforefaid,'fliallrefufe or neglect to come and appear before our juftices, or other juftices, commiffionersor officers of us, our heirs or fucceflbn, before whom fuch affizes, juries, or inquefts, (hall happen to be fummoned or returned, or in or upon the fame affizes, juries or in- quefts, (hall refufe or negleft to be fworn or tried, or any of the offices, duties or ''iin6lions aforefaid, (hall refufe to do, receive, occupy or dif- charge, yet the perfon or perfons fo refu(ing, any contemps, flnes, amer- ciaments, penalties, forfeitures or lofs whatfoever, by reafon of fuch re- fufal or negle£), to or towards us, our heirs or fuccelfors, (hall not, nor either of them (hall, in any wife incur, but therefrom and thereof, as well before us, our heirs and fucceflTors, as ail other the juftices, commiffion- ers and other officers whatfoever, of us, our heirs or fucceflTors, (hall re- auin quiet and forever difcharged. And further we do for us, our heirs and fuccelTors, by thefe prefent let- ters, give, grant, ratify and confirm, unto all and every the refpeflive inhabitants and freeholders of the faid city of Saint John and their feve- ral and refpe£)ive heirs and affigns forever, all and every the feveral and refpe6tive me(ruages, tenements, lands and hereditaments, fituate, lying and being in the faid city, to them fcverally granted, conveyed or con- firmed, or mentioned, or intended to be granted, conveyed or confirmed, by us, or by any of our Governors, Lieutenant-Governors or Comman- ders in Chief of our faid province of Nova-Scotia, or of our faid province of New Brunfwick, faving and referving the feveral quit-rents referved and due, and to be due and payable, from each of the feveral perfons, to whom, by virtue of any former grants to them ( or thofe from under whom they refpeflively hold) the fame mcflTuages, tenements, lands or hereditaments, were made or given. And further, of our efpecial grace, certain knowledge and mere mo- tion, we do for us, our heirs and fucceffors, give, grant, ratify and con- firm, to the faid Mayor, Aldermen and Commonalty of our laid city of Saint John, and to their fuccelFors forever, full, fpecial and free liberty, licence, power and authority, to take, receive, have, hold, and enjoy, to them and their fucceflTors forever, in fee fimple, any manors, rae(ruages, lands, tenements, hereditaments, rents and other poflTeffions and real e- fiate, within or without the fame city, as well of and from us, our heirs and fucceflTors, as of and from all and every other perfon and perfons whomfoever ; fo as the manors, mcflTuages, lands, tenements, heredita- ments, rents, and other poflTeffions, and real eftate, which the Mayor, Air dermen and Commonalty of the city of Saint John (hail or may have in their poflTeiHon andfeizin, at any one time, exceed not, in the whole, the clear yearly rent or value of two thoufand pounds, money of our realm of Great-Britain, beyond and above all charges and reprizes, without any hindrance of us, our heirs or fucceflTore, or the juftices, efchealors, (heriflTs, coroners, bailiflTs or other the minificrs of us, our heirs or Cucccf- fors, and this without any other Icttei's patent, liberty, licence or power from us, our heira or fucceflTors, the flatute of Mortmain or any other a6>, law or fiatute, or any other caufe, thing or matter whatfoever to the con- trary thereof in any wife notwithlianding ; and the fame manors, melTua- ges, lands, tenements, hereditaments, rents, and other poflTe(nons, or any part thereof, to demife, grant, leafe and let over, affign anddifpofe at their own will and pleafure, and to make, feal and accomplilh any deed or deeds, leafe or leafes, evidences or writings, for or concerning the fame or any part thereof. And further wc, of our abutvlant grace, certain knowledge and mere motion. CoipaTation may hold real cRaie 10 ihe a- mount of /ftooo per annum, withinor with- out the citj. Atayor, Recorder and Jia» ;jt^i^5(ff^!^ :1H0MAS CARLETON,- fifq. Govtrnor. 27 lines, or lor fliall Ifunflion fgh they. 1 or cho- 9re our ■heirs or [jpeii to or in- officesj or dif- *, amer- fuch re- not, nor t. as well pmiflion- liall re- ■>.1l Itl WW • ■ ^JTS ,' ,!ir, at all times forever heretfl'ter, and herieby' are' affigned to be jutiices/ and each of them a ju (lice of us, our heirs and fitccefTors, the peace ofus, onr heirs and fucceflbrs, within ihe city and county of Saint John aforefaid, and the limits, jurifdiftions and extent 'thereof to keep; * and that they the faid Mayor, Recorder arid Aldermen of the faid dty •' '•..-.-■■ for the time being, and fuch other perfon and pei'fohs, as we, or our heirs wj,), oAerjuflicti «o and fucceffors (hall from time to timeafTign to be juftice add jiiftices'bf be appointed, may us, our heirs and fucceffors, the peace of us, our heirs arid fuW^flbrs With- fciVnr""' **""*' in the faid city and county of Saint John to keep, or any four oi"inore of them, (whereof we will the Mayor, Recorder, or anyone of thc'Al- dewBen of the faid city for the! time being, to be one) (hall atid'Why forever hereafter, hold and keep four Courts of General 'Sieflrions of "the peace in and for the faid city and t^ottnty of Saint John, to begin at' cfcr'- tain times in the year, to wit, one of them to begin on the flrft 'Ti^tef- day in June, another on the firft Tuefday in Septet*(ber,^an6thtr fen !*'?'{: Infefior couri of com. ■ten pleai to be held by ine Mayor. Re> corder. or one of them on ihe firB Tucfdavi in June, September, De- ecnber *m Much. jnmni)|v: To hold plea of all caafa above ^ef. and under /js in which titlci of land {hall ooi liaqiatHioa. commiflion thereof to be made. And we do hereby for us, our heirs and fucceflbrs, grant order, and appoint that the fheriflTand other miniflers and officers of the faid city for the time bring, (hall and may, and they are, and each of them is hereby commanded, authorized and fully empow- ered, to execute and return, all and every the precepts and commanda of the Mayor, Recorder and Aldermen of the faid city for the time being, and either or any of them, from time to time and all times, as fully and effeCIually, as any iherilT, minilier or officer of any county or city any where in that part of our kingdom of Great-Britain called England, the mandates or commands of any jiidice of the peace, juflice of oyer and terminer or gaol delivery, of or in any county, there hath ufed to make, return or execute, in any manner whatfoever. And moreover of our abundant grace, certain knowledge and mere motion, we have willed, ordained and conflituted, and by thefe prefents for us, our heirs and fuccefTors, do grant unto the faid Mayor, Aldermen and Commonalty of the faid city of Saint John> and their fuccefTors, that there fliall be forever hereafter one court of Record or Inferior of Com- mon Pleas for the faid city and county of Saint John, to be held before the Mayor and Recorder of the faid city for the time being, or one of them, at the court-houfe or city-hall of faid city and county of Saint John, at four terms in each year, to wit, on the iiril Tuefday of June, September, December and ( 9 ) March in every year forever ,' and that the faid Mayor and Recorder, or any one of them, the other of them not being prefent, (hall and may in the name of us, our heirs and fuccefTors, hold plea, and have cognizance of all, and all manner of plaints, a61ions and pleas whatfoever, arifing or accruing, within our faid rity and county, and the limits thereof, which fliall be brought in the faid court, and which fhall Le for more than (lO) forty fliillings and (hall not exceed fifty pounds in value, and in which the title to lands fhall not come in quef- tion ; together with full power and authority to hear and determine all and every the fame plaints, actions, and picas, and judgments thereon to render, and execution thereof to award and make ; and that the laid Mayor and Recorder, or either of them, the fame court may hold for fo long time as circumflances (hall require, and as they or either of them (hall think (it, not exceeding five days in each term; and at the end of each of the faid terms (hall adjourn the faid court unto the term then next enfuing ; and to a6l and do every thing therein in fuch manner and form, and by fuch and the like methods, proccfs and proceedings, and as fully and amply as in our other courts of Record, in fuch or the like ca- fes is ufed or can or may be a6^ed and done according to the laws of that part of our kingdom of Great-Britain called England, and of our faid province of New-Brunfwick, fubje6t neverthclefs to a writ or writs of error, returnable in our Supreme Court of jurifdiflion for our faid province of New-Brunfwick, which they are hereby diiefled and required to allow, except in thofe caufes which fhall not exceed ten pounds, or in a6tions of (lander and affault and battery. And we further ordain and hereby au- thorize the faid Mayor and Recorder by any adjournment at the end of any the faid dated terms, to call and hold the faid court in the vacation of the faid terms ( not exceeding once a month) over and above the faid (fated terms, as they or either of them the faid Mayor or Recorder (hall think w'xpedient for the difpa^h of, and the trying and determing the ac- tions and caufes that were depending, undetermined in the faid county ; and judgment in all and any fuch caufes and a6lions to render, and execu- tions Subjcft to writ of er- ror to the fupieme court in all cauTes ex- cept ibufe which (hall not exceed £\a, ac- tiodi of flaidcr aiidaf- fault and hatiery. M)v hold the court in vacation not exceeding once a month, to try afiinnt unfinilhed at tlic preceding term. [9] Thit Term altered bi/ the Prov. Slat. 31 Geo. 3, c. 0, to the third Tuesday in March. [10] By the Prov. Stat. 35 Geo. 3, e. 2, ^ 2, the jiirhdiction of this Court is enlarged to all transitori/ actions of any value. — JnU by the same Statute, and also the Slat. 4i Geo. 3, c. 7, this Court is authorised to jrroceed in a summary may in actions tchere th$ sum in demand does not exceed £W : and no action is to be removed by Habeas Corpus from thence to the Supreme Court, unless for a larger value. THOMAS CARLETON, Efq. Governor. 29 ■heirs and liflers and (they are, ■ empow- |onimands ne being, lAiliy and I city any |lanJ, the of oyer p ufed to ind mere Erefents lernien Tors, that of Corn- Id before or one of of Saint of June, and that them not fucceflTors. ^ions and M county, and which cced fifty I in quef- trmine a!I hereon ro t the laid >Id for fo r of (hem e end of term then inner and 'fi, and as e like ca- 'sof that our faid of error, jvince of to nilow, ) afiions ' reby aii- cnd of :ation of the faid :tcr fliali the ac- :ounfy ; I execu- tions lesdaj/ in enlarged Slat. 43 here the ' Corpus Caurl-houni and giali to be wiibia ih« city. tions thereon to award and make as of the term preceding, as fully, am- ply and eflre6luaUy as if the fame was or had been heard, tried and de- termined at fuch preceding term ; and for that purpofe that all procefs neceflary for the trial of caufcs at fuch adjourned fittings of the faid court, (hall and may be made returnable at fuch fittings ; and the faid Mayor and Recorder, or either of them, at the faid fittings, (hall and may make fuch rules and orders for difpatch of the faid caufes and a6lions as they could or might make in t«rm time in the faid court. And further of our abundant grace, certain knowledge and mere mo- tion, we have willed, ordained and direfled, and by thefe prefents for us, our heirs and fuccelTors, do grant unto the laid Mayor, Aldermen and Commonalty of the faid city of Saint John and their fuccelTors, that the court-houfe, and gaol or gaols of and for the faid city and county of Saint John, which (hall be ere£)ed and built by the freeholders and inhabitants of the faid city and county, (hall be, and forever hereafter (hall remain, continue, and be within the limits of the faid city of Saint John, and in fuch part and parts of the faid city as the Mayor, Aldermen and Common- alty of the faid city (hall think tit and proper ; and that until the free- holders and inhabitants of the faid city and county (hall be enabled to ere6l and build a court-houfe and gaol for the faid city and county, we do hereby declare, that the houfe, (ituate in Germain-flreet in Queen's ward, lately occupied by our fuprcme court of judicature, of our faid province, in Hilary and Eafter terms laft, is the court-houfe as well for the faid city for the city and county of Saint John aforefaid, and as fuch may be as appointed by the faid Mayor, Aldermen and Commonalty of the city a- forefaid ; and that the block-houfe near Fort-Howe, in our faid county of Saint John, and the guard room in the faid fort, are hereby declared to be the gaol, as well of the faid city, as of the city and county of Saint John, until other gaol or gaols in and for the faid city, and city and coun- ty aforefaid, (hall be erefted and built, by virtue of the powers before giv- en, or to be given hereafter, and (hall be appointed and appropriated by the faid Mayor, Aldermen and Commonalty, or iheir fuccelTors, for the ufes and purpofes aforefaid. And further for us, our heirs and fuccefTors, we do hereby appoint the faid Bartholomew Grannel/, to be clerk of the peace of us, our heirs and fucceffors, and of the fc(!Ions of the peace for and in the city and county of Saint John, and alfo clerk of the faid in- ferior court of common pleas, of and for the faid city and county, and keeper of the memorandums, rolls, records, minuments and other v/ritings, as well of the faid city, as of the faid courts of the city and county afore- faid, and every of them rcfpct^ively ; and fo continue in the faid offices, and to a6) and execute the fame by himfclf, or his fuflficicnt deputy or de- puties, and have, take and enjoy, the fees, perquifites and profits to the faid offices, or either of them belonging or appertaining, during ourplea- fure. And further, we do, for us, our heirs and fucceffors, grant to the faid Mayor, Aldermen and Commonalty of the faid city of Saint John and their fuccedbrs, and wc do hereby will and ordain, that the common cleik of the faid city of Saint John, fliali be forever licrcaftcr clerk of the j>ence and of the fellions of the peace, and clerk of tiie inferior court of com- mon pleas, and keeper of the memorandums, rolls, records, minuments and other writinj;s of the faid city, and of the f.iid city and county rc- fpeclively. And we do further for us our heirs and fticfefTors, will and grant, that fo often as the laid office fhall be vacant, the Common Coun- cil of the faid city for the time being, fhall ar 1 may appoint one other honed and difcreet citizen, being an inhabitant and freeman of the faid city, and of good capacity and underflanding, and fkilful in the laws of England and of the faid province of New-Krunfwick, to be common clerk of the faid city, and clerk of the faid court of record, in and for the faid city, and clerk of the peace and of the feffions of the peace, in and for the faid city and county of Saint John, to a£l and execute the faid offices, and who fhall and may execute, do and receive, all and whatfoever to the Cleikorthe Peace & Keeper of the RolU appointed. CIcik of the ciiy for the lime being to be clerk ofrhe peace and of the refliuni, and of the inferior couii of cominan pleat. Ccinmon Council to iippoiiii a Comroon Ocik pro tempore, to fill an^ vacaiicy. w w^ .30 CHARTER of the CITY of SAINT JOHN. Sheriff of Jlie city «o W Shetilf of the city in4 eaanijr. Coroner of the eiljr is be Coioner of ihc ci> tj end eooBiy. The Carpontion Qiill bold ind auici I y enjoy ell the ngnii. francbi- rci,&c. hereby grant- cd. the faid offices and every of them belongs, orrfhall belong or appertain, till another, an inhabitant and freeman of the faid city and ^of igood ca- f>acity and underflanding, and (kilful in the laws of Englanfl. and of the iiid province of New-Brunfwick, fhall be appointed and. fworn into> or for the faid offices, by the Governor or Commander in Chief of the faid province for the time being, and ihall have taken ftich an oath as is here- by direfled for every fuch perfon fo to be appointed to take, and fo from time to time, and as often. as the cafe may or (hall fo happen. And further, we do for us, our heirs and fucceifors, will, ordain and grant that the faid Sheriff of the faid city, (hall be Sheriffof the faid city and county fo long as he (hall be and continue Sheriff of the faid city ; and that the Sheri(f of the faid city hereafter to be appointed (hall, for- ever hereafter be Sheriff, of the faid city and county, and hold, ex- ercife and enjoy, the faid office of Sheriff, in and throughout all and every the parts and diftrifls of the faid city and county of Saint .John : And that the faid Coroner of the faid city of Saint John, (ball be Co- roner of the faid city and county, Co long i as he fhall be. and continue Coroner of the faid city ; and that the Coroner of the faid. city* herea/X«r to be appointed, (hall forever hereafter be Coroner of the faid city , Arid county, and hold, exercife and enjoy the faid office of Coroner in .and throughout all and every the parts and diAri£ls of the faid. city and coun- ty of Saint John. And we do further, of our efpecial grace, certain knowledge andiSiere motion, for us, our heits and fucceffors, by thefe prefcnts, give ondgrant unto the aforefaid Mayor, Aldermen and Commonalty of the faid city .of Saint John and their fucceffors forever, that they and their fucceffors,. All and Angular the rights, privileges, franchifes, prehiminces, advantage?, authorities, jurifdi£lions, liberties, offices, courts, powers, immunities,, fei^ rics, ferriages, profits and perquifites herein before mentioned* or intend- ed to be hereby granted, fhall and may forever hereafter hav?, hold, ejn- joy and ufe happily and in peace, freely and quietly, fully and honorably^ with all liberties and free ciiiloms to the fame a>>pertaining, without the hindrance or impediment of us, our heirs or fuctelTOrs, or any of the juftices, fhcrifTs, efchcators, coroners, bailiffs or other Officers or miniflers whatfoevcr of us, our heirs or fucceffors whatfoevcr. And further, we do of our more abundant grace, certain knowledge and mere motion, will, declare, and fignify, and by thefe prefents for us, our heirs and fucceflbrs, do grant unto and covenant with the faid Mayor, Aldermen and Commonalty of the city of Saint John and their fucoeflbrj, not only that they and their fuccelTors forever hereafter, may and fhall have, hold, ufe, poffefs and enjoy, all the rights, privileges, liberties, franchifes, jurifdiflions, courts, powers, offices, authorities, markets, fer- ries, fairs, fees, fines, amerciaments, perquifites, profits, immunities and alfo the rents, poffeffions, lands, tenements and hereditaments, and all other the prcmifes in thefe prefents mentioned and intended to be here- by granted, but alfo that thefe our letters being entered upon record, as is herein after appointed, and the record or enrollment thereof and either of them, and all and every thing therein I ont.iined from time to time, and at all times hereafter, be and fliall be, firm, valid, good, fufficient and eflef^ual in law, towards and .ngainfi us, our heire and fucceffors, according to the true intention thereof; and in and through all things fha" be con- ftrued, taken and expounded moft benignly and in favour, st,d for the mod and greateft advantage, profit and benefit of the faid Mayor, Al- dermen and Commonalty of the city of Saint John, and their fucceffoi-^ as WTJl in all courts as eliewhere, without any confirmation, licences, to- lerations procured, or to be procured of us, our heirs or fuccelfors, not- withfianding that any writ or writs oi ad quod damnum hath or have not iffiied, or is or are not returned, before the making of thefe prefents, and notwithflanding (he not reciting, mifreciting, or not rightly or certain- ly rhu Charter being enrolled to be of force, ;iiril be coiiflrued moft bentftnl'' and in favor of liic Corporation, notwiihn»ndin(> any impcrfcQion, &c. ly reciting, < franchifes, jt ries, fairs, fe fcflions, lam or by thefe granted, or ing, or ill o tion or inqi tended to b our title in Ihould or o andnotwitl grant or gr or not upoi naming, mi wherein th any defe£l ing the nai chifes,juri! fairs, fees, fions, land granted o: the yearly part therei of any of notwith(ta or for the mentionet notwithfta title, of o notwithili mentionii any of th< ' ftatute oi (landing : or thing ' fe£lion, ii fcruple o: ing the pi (h?.ll and great feal Brunfwic Saint Jol charges, and bcttt it (hall b city of J prefents they fhal feal or ( or makii fame, all Value, oi gifts or Lieuteni vinces o the faid name (li whatfoe w *» ' 'ppp*'"^"' THOMAS CARLETON, Efq. Governor. 81 appertai'd, good ca- d of tbe into, or r the faid M is hert- aod fo )en. rdain and e faid city faid city. ; fliall JTor- hold. ex- ut all and nt.John : be Co- continue , herea/<«r 1 city, mid er in .aoid and cQun- ! and>9tere ! andgrant aid city oT :ceflbrs,.4U idvjuitagcs, jDities,.rci>- torinteiid- '. hold, ejn- honorably^ ithout tbe my of the )r Biiiiillers wledg« and for us, our litl Mayor, • fucce/ibrj, and (hall i, libertiej, arket§, fer- nities avid is, and all \o be here- record, as "and either ? to time, fficient and according '" be con- , ^'.d for i^ayor, Al- fucceflbii, :ences, to- (Tor?, not- have not Tents, and r certain- ly reciting, or ill or wrong reciting the faid rights, privileges, liberties, franchires,jurifdi6\ions, courts, powers, offices, authorities, markets, fer- ries, fairs, fees, amerciaments, perquifites, profits, immunities, rents, poi- fcflions, lands, tenements, hereditaments, and any other the premifes in or by thefe prefents gi'anted or mentioned, or intended to be hereby ^nted, or any part or parcel thereof^nd notwithflanding the not fmd- ing, or ill or not right or certain ^Ning of any office or oflkcs, inquifi- tion or inquifltions of the premifesnereby granted or mentioned, or in- tended to be hereby granted, or any part or parcel thereof, by which our title in and to the faid premifes, or any part thereof might, could, Ihould or ought to have been found, before the making of thefe prefents, and notwithflanding any dcfe£l in not reciting or ill reciting of any leafe, grant or grants of the premifes, or any pai't thereof, being upon I'ecord or not upon record, or othcrwife howt'uevcr, and notwithflanding the ill- naming, mifnaming, or not right or certain naming, any place or prccin6l wherein the premifes or any part thereof are or is, and notwithflanding any defe£l in not mentioning, or not fully, rightly or certainly mention" ing the name or names of all or any the rights, privileges, liberties, fran- chifes,jurifdi£lions, courts, powers, offices authorities, markets, ferries, fairs, fees, amerciaments, perquilites, profits, immunities, rents, poffef- fions, lands, tenements, hereditaments, or other the premifes hereby granted or intended to be granted, or any part or parcel thereof, or of the yearly or other rent of, or vcfei-ved in and upon the pretnifes, or any part thereof, by any former grant or grants, by or under our great fcal of any of our faid provinces, to any perfon or pcrfons whatfoever, and notwithflanding any defefl for the want of a computation or declaration, or for the omiffion of the true value of ths premifes in thefe prefents mentioned or intended to be hereby granted, or any part thereof, and notwithflanding any defefl in not mentioning our ti'ue right, eflate or title, of or to the fame premifes, or atiy part or parcel of them, and notwithflanding the not mentioning, ur nut fully, rightly or certainly mentioningtfb^ natures, kinds, fpeciesor quantities of the premifes, or any of them, or any part or parcel of them, and notwithflanding any a6l, ilatute or ordinance of Parliament, or any a£l of AfTembly, and notwith- flanding any other defe6ls, defaults or imperfcflions, or any other caufe or thing whatfoever. And further, that if any fault, miflake or impe? fedlion, in time to come fhall be found in thefe prefents, or any douLM, fcruple or queflion be, or fhall be made, or fhall happen to arife concern- ing the premifes or any part thereof, that we, our heirs and fucceffors, obcre .r!u™h^f°Co» fh?>ll and will vouchfafe to make any other grant or afUirance under the poraiion .,,oij «-rt great feal of us, our heirs or fuccefl'ors of the faid province of New- »PP''«"0''' Brunfwick, to the Mayor, Aldermen and Commonalty of the city of *. Saint John for the time being, and their fucceffors, at their own proper j,-. . charges, for the better giving, granting and confiming, and for their fafc and better enjoying the premifes aforefaid, and every pavt thereof, when j it fhall be defired by the fame Mayor, Aldermen and Commonalty of the {.: city of Saint John, or their fucceffoi-s. Alfo, wc will, and by thefe ,r prefents grant unto the faid Mayor, Aldermen and Commonalty, that - -- they fhall and may have thefe prefents made and fealed under the great feal or our faid province of New-Brunfwick, without rendering, paying, or making any fine or fee, great or little, to us, or to our ufe, lor the > r fame, although no exprefs mention Is made of the true, yearly or other value, or of the certainty of the premifes or any part thereof, or of the gifts or grants heretofore by us, oi «ur anceflors, or by any Governor, Lieutenant-Governor, or Commander in Chief, of either of the faid pro- . ' vinces of Nova-Scotia or New-Brunfwick, or to any of the inhabitants of «> - the faid city of Saint John, or other perfon or perl'ons whatfoever, by the name flile or title of any country, town, city, parifh, place, or diflridl whatfoever, or any other Itatute, a£l, ordinance, proclamation, provifiod ^ I Oil; 1 1 '.ic (mifi.t 1 Chacci, '}i fiilio ¥ II or y 1 32 CHARTER of the CITY of SAINT JOHN. or renri^lion, mode, published, ordained or provided to the contnj^, or any other caufe or matter whatibever/ in any wife notwithftanding. In tenimony whereof, we have caufed thefe our letters to be made fvitent and the great feal of our faid province of Ncw-Brunfwick, to be bereunt? affixed, and the fame to be entered of record in our Secretary's office of our faid province, in one of the books of patents there remaining. Wit- ness our truny and well beloved "M^ffCktiinoit, Efquire, our Captain- General and Governor in Chief dniflr faid province of New-Brunfwick. and territories thereon depending, at Saint Johns, this eighteenth day of May, in the year df our Lord, one thoufand feven hundred and eight/ five, and in the twenty fifth year of our reign. THOS. CABLETON. By hit Excellency's Command, , , .. . Jolt, Odku., Sec'ry. .;',»,. /,;i»"." ' UMi ■jaaaaDBQEOEn : im-..: ^r'l- Mijror, Aldermen & J Contmonaliy of (he City of 5atnt John lo be ^ body corporate & •>»i"ir andioTue, &c. :>x ^■' I HATE perused this Chaktui, Mnd find nothing theretn prejudicial t^ the interejl of Hit Majisty. fFARD CHIPMAN, Att»nev43enerMl. ' J * . JO/A Aprii, 1T8*. v 1^' '•- i <• ' •' .' -* I i.ii i.»./i*.(5.; . ^.i .eu, i ■ ■*■ , '■•■'■^f'- ■;-.,: .■' ^■"■■••.■":\;liiT.\ ,-nii\\ ■■ .J iKio ia e c x a ooo ocw ii " ' / .''!!..,'^^''^;"'! «6ih Geo. Ill, c. 46. An act for Confirming unto the City of ^AX^T Johm " its Rights and Privileges. 'r- ■" Bfi it enabled by the Governor, Council and AJ^mbly, That tfte Wayor, Aldermen and Commonalty of the City of Saint John, ifvtU and may forever hereafter remain, continue, and be a body corporate and politic, in re, fa8o et nomine, by the name of the Mayor, Ald^nA^n and Commonalty of the City of Saint John, and by that nam(^|mt.' and be fued, plead and be impleaded, anfwer and be anfwered limvy^MiWoiit a- ny feizure or forejudger for or upon any pretence of any forfeiture or mifdcmeanor at any time heretofore done, fuffercd or committed. ;. And that all and fingiilar Letters patent. Grants, Charters and Gifts, s- fealed under the Great Seal of this Province, heretofore made and gtailtf ed unto the Mayor, Aldermen and Commonalty of the City orSalnj John, be, and are hereby declared to be, and fhail be, good, va.id, pcrfcft authentic and efTeftual in the Law, and (hall Aand and be taken, renqted^ deemed and adjuged good, perfc£l, fure, available, authentic and em£\ua1 in the Law, againd the King's Majefty, his heirs and fuccefTors, and ali and every perfon or perfons whomfoever, according to the tenor and effe6l of the faid Letters patent. Grants, Charters and Gifts, and that the fame be and are to all intents and purpofcs hereby ratified and confirmed, fuc- II. And Ije it further enaBed, That the Mayor, Aldermen and Comr ««f monalty of the City of Saint John, and their fuccelTors, fhall and may 1* " forever hereafter, peaceably have, hold, ufe, and enjoy, all and every the rights, gifts, charters, grants, powers, liberties, privileges, franchil'es, cuf- toms, ufages, conftitutions, immunities, markets, duties, tolls, lands, tene- ments, eflates and hereditaments, which have heretofore been given or granted onto the Mayor, Aldermen and Commonalty of the city of Saint John, by any Letters patent. Grant Charter or Gift, fealed lender the Seal of this Province. I htti i> /«.. hereiolore granted A '^ .^'_ 4- Thii Aft (half 'W M> HI. And he it Jurther enabled. That this prefent Afl fhall be accfepted> Ited, &.C. ^ 'public Aa. bea .:^- taken and reputed to be a public Afl of which all and every 'he Judges and Jullices of this Province, in all Courts and all other perfons (hall take notice on all occafions whatfoever, as if it were a public Aft of AfTembij relatin{^to the whole Province, any thing herein contained tolhe contra- ry thereof io any wife notwithllanding. < ^ ;,-^ •• ■ t ♦ II \ \