IMAGE EVALUATION TEST TARGET (MT-3) // :/. i f/. 1.0 I.I ni 125 u^ lU 12.2 I MiS. Ill 2.0 Huu 1.25 1 1.4 I m 1.6 Photographic Sciences Corporation 23 WIST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 CIHM/ICMH Microfiche Series. CIHIVI/ICIVIH Collection de microfiches. Canadian Institute for Historical Microreproductions / Institut Canadian de microreproduetiont hittorlquas Technical and Bibliographic Notes/Notes techniques et bibliographiques The Institute has attempted to obtain the best original copy available for filming. 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This item is filmed at the reduction ratio checked below/ Ce document est filmi au taux de reduction indiquA ci-dessous. 10X 14X 18X 22X 26X XX v/ 12X 16X aox 24X 28X 32X '8 dtails IS du nodifier ir une ilmage Th« copy filmtd h«r« has b««n r«produe«d thanks to tha ganarosity of: New Bniniwick Mutmim Salot John Tha imagas appaaring hara ara tha bast quality possibia conaidaring tha condition and iagibiiity of tha original copy and in kaaping with tha filming contract spaeificationa. L'axamplaira fiimi fut raproduit grica i la gAnirositA da: New Brunswick H^useum Saint John Laa imagaa sulvantaa ont MA raproduitas avac la plua grand soin, compta tanu da la condition at da la nattatA da l'axamplaira filmA, at an conformiti avac las conditions du contrat da filmaga. as Original copiaa in printad papar covars ara filmad baginning with tha front covar and anding on tha last paga with a printad or lllustratad impras- sion, or tha back covar whan appropriata. All othar original copias ara filmad baginning on tha first paga with a printad or lllustratad impras- sion. and anding on tha laat paga with a printad or lllustratad imprasslon. Laa axamplairas origlnaux dont la couvartura an papiar aat imprimia sont filmis an commandant par la pramiar plat at an tarminant soit par la darnlAra paga qui comporta una amprainta d'lmpraaaion ou d'illustratlon, soit par la sacond plat, salon la cas. Tous las autras axamplairas origlnaux sont filmis sn commandant par la pramlAra paga qui comporta una amprainta d'imprassion ou d'illustratlon at •n tarminant par la darnlAra paga qui comporta una talla amprainta. Tha last racordad frama on aach microficha shall contain tha symbol ^^> (moaning "CON- TINUE.') "), or tha symbol V (moaning 'END"), whichsvar appiias. Un daa symboias suivants apparattra sur la damiira imaga da chaqua microficha, salon la caa: la symbols — »> signifia "A SUIVRE", la symbols ▼ signifia "FIN". Maps, platas. charts, ate, may ba filmad at diffarant raductlon ratios. Thoaa too larga to ba antlraly Inciudad in ona axposura ara filmad baginning in tha uppar laft hac J comar, laft to right and top to bottom, aa many framas aa raquirad. Tha following diagrams iilustrata tha mathod: Las cartaa, planchaa, tablaaux, ate, pauvant §tra fiimAa it daa taux da rMuctlon diffiirants. Loraqua la documant ast trop grand pour Atra raproduit an un saui clichA. II ast filmA A partir da I'angla supAriaur gaucha, da gaucha A droita, at da haut an baa, an pranant la nombre d'Imagas nAcsssaira. Las diagrammas suivants illustrant la mAthoda. Brrata to pelure. 1 2 3 32X 1 2 3 4 5 6 ^. \%?f ■''^! 'J, f%' \ p < »\ ^ih'^i' *P f^ » •'% r« P C. C^nr m CABLETOM, l<» «f j^«ftiFn:i> rfr"^ TO THt t,Eai8LAT^i|(gf '««*^"" / vi;-1 )ji ^MHf fii tmi#iNti i8i(. i^ ^^^^^i^ fis. z^": NEW .'■#^1% Ml^*|5 fJ6\% ^■i... L €. i '%v ■-^' jf^ •V ^^j^,-- •"-■iWj'.J'''' City, Saii . si ■ '\ Ji^ . -^i^. -^'i a>w ■" -• ^ i-i ■.v,iL„!.;Si^. -_V ,.l.J6i»wJ:.i MESSRS. CORAM, KING. WHIPPLE, STACKHOUSB, AND COUGLii, COMMITTEE FOR CARLETOX. ■;1. m 1t^^: Gentlemen, — I send you oraft, of proposed Charter, for the City of Carleton. It embraces some provisions, not hitherto in- cluded, in similar acts of Incorporation. Among others, the power of direct assessment, for the establishment and main- tenance of free schools — an extension of the Jurisdiction of the City Court to cases not exceeding jESO, with power of examining the parties to the cause, — the junction of the of- fices of Mayor and Police Magistrate, — and the election of the Aldermen and Councillors by a general, instead of a sectional, vote. Of the two former propositions it appears to me there can be no question. In the infant state of the City of Carleton, economy would suggest the third, — and the fourth is to obviate, if possible the effect of sectional legislation. I know of no good reason for the distinction between Aldermen and Councillors, except that if Aldermen are ex-officio to be considered as Justices of the Peace for the City and County of Saint John, the number, if all are Aldermen, would give to Carleton an undue preponderance at the Sessions. The Police powers, and the proceedings of the City Court, with some few exceptions, are based upon those now in force in the City of Saint John, but are set out iu full, in order that the chartered rights of the City of Car- leton, might not hereafter be affected by any alteration the City of Saint John might deem it desirable to make. It is more than likely that in a Bill of such length, some repeti- tions, or superfluous sections may be found. From being in V print these will more readily strike you. If the Bill is to be passed at the coming Session, I should like to have it at an early date, in order that it may be introduced in the early part of the Session, before the general business gets under full headway. When left until late, bills are very apt not Ito get the attention they deserve, or even to be crowded out ;|altogether. Your obd't. servt., i J. H. GRAY. Saint John, N. B., January 16IA, 1856. (,-' ■^ ■* % ^v tM CONTENTS. 4 H Sect. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. i.A Incorporation. Division into Wards. Local Government vested in Mayor and Council. Assessors. Qualifications of Mayor. " Alderman and Councillor. Ministers and teachers not qualified for Mayor, &c. First election. Time of subsequent elections. Assessors to file assessment list with Clerk. — Clerk to make registry of votes. Certain disqualifications for Mayor, Aldermen or Coun- cillor. Election in case of refusal to accept Mayoralty, &c. Removal, &c., of Mayor, Alderman, or Councillor dis- qualifies. Ten days notice of City Election. Resident voters, non-resident ditto, where to vote re- spectively, &c. Commissioner for each Ward, to be appointed by the f Sheriff. Six days notice of appointment of Commissioner. Commissioner to be sworn. Poll Clerk. Nomination of Candidates. Entries on Poll List. Vote by Ballot. Description of the Ballot. Duty of Commissioner. Double Ballots to be rejected. Opening Ballot-Box and counting. Duration and final close of Poll. — Poll Books and Re- ceipts to be delivered to City Clerk. New Election, when votes are equal. - Penalty for illegal voting. / Electors may be sworn. Penalty for false swearing. Commissioner ex officio Justice of the Peace. Mayor to be sworn, continuance in office, &c. Aldermen and Councillors sworn, and continuance in office. Clerk to enter date and place of swearing, entry to be evidence, &c. 50. 51. 52. 53. 54. 65. 66. k 61. J 68. 69. uncil. yor, &c. jc— Clerk to en or Coun- alty, &c. uncillor dis- to vote re- in ted by the sioner. 60. ooks artd Re- |6l. . ^63. * ■■ ■ 65. ace. l^^- :ontinuance in x- ,g, entry to be |68. Sect; 36. Penalty for refusing to accept office. 37. Vacancies — how suppUed. 38. Freemen, and Freeman's List Book. 39. First election, how to be conducted. 40. Candidate or Elector dissatisfied may protest. — Proceed- ing on protest. — New election if protest sustained. 41. Provision, in case of one person being elected for two wards. 48. Eligibility for re-election. 43. When Aldermen or Councillors to go out of office. 44. Council to hold four quarterly meetings. — Special Meet- ings. — Two days notice. 45. Five members with Mayor, a quorum. — Majority pre- sent to decide. — Record of proceedings to be kept. 46. In absence of Mayor, chairman chosen. — Casting vote. — Power to adjourn. 47. Record of proceedings to be signed. — Fee for inspection of same. Bankruptcy disqualification. Mayor, Aldermen, or Councillors, ex-officio Justices of the Peace, but for City only. Mayor's salary. Clerk, Treasurer, and other Officers appointed. Duty of Treasurer. Treasurer restricted in paying out monies. City Officers to account wheti required. — Proceedings on neglect or refusal. Accounts of monies to be entered in books for inspec- tion, &c. Committee of Council. Expulsion of Alderman or Councillor. Publication of Accounts. Boar:^-!, &c., to be accountable, &c. — Fee for inspection of accounts. Powers of City Council. Also to open and lay out streets, &,c. Also to establish Free Schools, &c. Also to establish and maintain Police. Mayor to establish regulations for the Police Force, sub- ject to approval of the Lieut. Governor. Policemen to be sworn in as Constables. Penalty on Tavern Keepers, &c., for harboring Police- men, on duty. Policemen without warrant may take into custody dis- orderly and suspected persons. Penalty for neglect of duty. Not to resign office without consent. J 48. I 4y. •f 1 50. 51. f 52. 53. ■,'4, 54. fc s VJ. ••et. 70. Penalty for threatening or resisting Policemen. 71. Penalty Jot wilfully breaking lamps, throwing stones, &c. 72. Policemen not to receive rewards for doing, or ab- staining from their duty. 73. Penalty for certain olfonces. 74. Policeman on view or information, to arrest persons discharging fire-arms from a house, &c., into a thor- oughfare. — Searching, if necessary. — Penalty. ' 75. Policeman may enter houses to allay fighting, &.c. — Arrest the parties. 76. Construction of this Act. 77. Commitment to Jail, House of Correction, or Peniten- tiary, in cases of non-payment of fine. 78. Mayor's otiice, when to be open, — Mayor's Calendar. 79. Mayor's Warrant may be executed in any County without indorsement. 80. Information or complaints not involving crime may b^ proceeded with in the absence of the party, on proof of service of summons. 81. Summons how served. 82. Warrant may issue without previous summons. 83. Subpoena for witness may be issued and enforced. 84. False evidence before Mayor deemed perjury. 85. Costs on complaints may be awarded, &c. 86. Compensation in case of groundless charges may be awarded. 87. Fees, fines, &c., to be paid to Treasurer. 88. Appeal, when fine above £2. 89. Parents of children or masters, &c., in the case of ap- prentices, &c,, to be liable to pay fines imposed on the cliildren, &:c., for offences. 90. Assessors to publish appointment, receive statements of property and assess and file a roll. 91. Assessments to be apportioned by the roll. 92. Time and manner of coUectmg rates. 93. Commitment to Jail for want of goods to distrain. 94. Notice to be given to non-residents, agents, &c., or publication made. 95. Distress warrant on default of payment, after notice or publication. 96. Appeal against assessment. 97. Rates on property to be paid by owners or tenant. 98. Excessive assessment when not legal. 99. No citizen or officer to be an incompetent witness in city actions. 8rj, Protection of .Tailor. Defendant entitled to release before final judgment, on bail or deposit. Bail to be for payment of debt and cost, or render of body or execution after judgment. — Bail may re([uiro Execution to issue forthwith. Return of attachment to state manner of execution. Alias or pluries summons or attachment may he isNuod, Plaintiff or defendant may appear in person or by at- torney. Statements of particulars to be delivered at the ollico of the Clerk, and attached to summons. — Sett-oU' to be filed. Exhibition of particulars to opposite party. Parties to be confined to particulars at trial. Case may be adjourned on affidavit when service of Summons not personal. Subpoina for witnesses to extend to City and County and to County adjoining. Cause to be tried at the return, if service be made 48 hours previously. — If not on next Court day. Court to try unless Jury be demanded. Court to assess debt and damages if defendant do not appear. Three .Turors to be summoned from bystanders on ap- plication of either party. Same regulations to be ob- served in Jury and trial of the cause, as are prescribed in vol. 1st, Rev'd. Stat. Title 37, ch. 137. Cause nmy be postponed for want of Jurymen, at the discretion of the Court. Execution against body or goods after judgment. Date and return of execution. "%. ylil. ^^ 0«et. 125. Marshal or Constable to proceed forthwith On delivery of execution against goods. 126. Marshal or Constable to take body and commit to jail on execution against the hody. " , 127. Jurisdiction in case of Hail, a Limit Bond. n-., 128. Sett-off, its etfucts in ditlerent cases. * 129. Title of land coming in (luostion ctlect of. 130. Proceedings against Arm and joint-debtors. — Judg- ment and execution. 131. Renewal of proceedings. 132. What persons entitled to benefit of insolvent Debtors Act. 133. Power resting in Court. 134. Computation of time. 135. Forms of proceedings. 136. Fees. 't i \ AN ACT TO INCORPORATE THE CITY OF CARLETON, IN TIIH COUNTY OF SAINT JOHN. 1. lie it Hifucted, by the Lioutcnant Governor, Legisla- tive Cinincil and Assenibly, as follows: That, iVoiu and after the passing of this Act, the Inhabi- tants of that part of the City of Saint John lying to the [,"„''°''"'"- Westward of the River Saint John, and bounded and de- scribed as follows, namely: Beginning at the River Saint John, at the north-westerly bound of the Town of Carleton, in the original grant from the Crown; thencu, liy the magnet of the year one thou- sand seven hundred and eighty-three, south forty-two de- grees east, until it meets the Bay of Fundy, and extend- ing thence on the same course, to a low water line at spring tides; thence in a direct course to the eastern part of the foundation of the Beacon hight, at the mouth of the harbor of Saint John; thence on the low water line up the Bar rods to the knuckle of the Bar below the Swash (so called) at spring tides, thence on a line which shall pass ^Kevcnty feet east of the outer end of Josiah Adams' Wharf Ito the range of the southerly side of Rodney Wharf; thence on a harbour line to the north-easterly point of Navy Island; ..^and thence ou a deep water harbour line, to be hereafter '^, ^defined and agreed upon, between the citizens of Carleton Vj^and Saint John, to the place of beginning. And their successors. Inhabitants of the same, shall be, and *V||hey are hereby constituted a Body Corporate, by and under |he name of the •' City of Carleton," and as such shall have )erpetual succession, and a Common Seal, with power to )realc, renew, and alter the same at pleasure, aud shall be ifapable of suing and being sued in the Courts of Law and Iquity, and of taking, accepting, purchasing and holding, roods and chattels, lands aud tenements, hereditaments and fasements, for the use of the Inhabitants for the time being, md of making and entering into such contracts, agreements, lecurities and instruments, as may be necessary for the ex- ^. Diriiion into Ward*. ercise of their Corporate functions, and to do and execute all acts, and possess and enjoy ail powers and immunities incident to such Corporations, or which may be for the benefit and advantage thereof, subject to tlie regulations hereinafter provided. 2. That the said City of Carleton shall be divided into four Wards, namely : King's Ward, To extend from the City bound on the River Saint John easterly to the middle of King street, and from the rear line of the City north-easterly to the Harbour line. Queen's JVarcl, To extend from the middle of King street, south-easterly to the middle of Rodney street, and from the rear line of the City to the Harbour lifle. Albert Ward, To extend from the middle of Rodney street, in a south-easterly direction to the middle of Saint John and Protection street, and from the western City line, north-easterly to the Harbour line. Victoria fVard, to extend from the middle of Saint John and Protection street, in a south-easterly direction to the south-easterly bound of the City, and from the rear or western line of the City, in a north-easterly direction to the Harbour line. 3. The Local Government of the said City, and the ad- ministration of its fiscal and municipal affairs shall be vested Council.""^ in a principal officer, to be styled the Mayor of said City, and eight other persons who shall be styled Aldermen and Councillors of the said City, and such Mayor, Aldermen and Councillors shall be, and be called, the Council of the said City, and all Bye-Laws and Regulations made by the said City Council, shall express to be Enacted, by the City Council of the said City of Carleton, and shall be binding on the inhabitants thereof ; provided, they be not contrary to the Law of the Land, or the Acts of the General Assembly of the Province. 4. That the City Council shall annually select and choose for the said City from persons possessing similar qualifica- tion to the Aldermen and Councillors three officers, to be called Assessors for the said City. 5. That no person shall, at any time, be qualified to be elected as Mayor, of, or for, the said City ; unless, at the time of his Election he shall be a Freeman, and settled re- sident within the said City, of the full age of twenty-one years, and shall have been assessed in the Assessment next preceding such election, for Real or Personal Estate, or for both, within the said City, to the value of Three Hundred Pounds or upwards, and shall have paid, before the week in which such Election shall be held, all rates, and taxes, and fines, if any, legally due from him, within the said City. Local Gov ernmant vested in Asseiiori. Qiialifica tion of Mayor. f ' the ( rally publij vera! ably Gondii such May, of thel Preen monti sessec and III said, the va| have before! to voti the P( is here jOf Fivj the Col Electic after f Rodney of Saint City line, iaint John ion to the ^G rear or tior to the nd the ad- l be vested said City, ' ermen and Aldermen ^ncil of the ade by the )y the City binding on contrary to I Assembly and choose ir qualifica- icers, to be alified to be ' ess, at the d settled re- twenty -one ssment next state, or for ee Hundred the week in \ taxes, and laid City. I or Councillor. 6. That no person shall, at any time, be qualified to be Q"«iiflei. elected an Alderman or Councillor, for any Ward in the Aidcrmen said City, unless, at the time of his Election, he shall be a J;"u„ciiiori. Freeman, and settled resident within the said Ward; shall be of the full age of twenty-one years, and shall have been as- sessed in the Assessment next preceding such Election, for Real or Personal Estate, or both, within the said City, to the value of One Hundred Pounds, or upwards, and shall have paid, before the week in which such Election shall be held, all rates, and taxes, and fines, if any, legally due from him within the said City. 7. That no person, being of Holy Orders, or being aNomtnfit« Minister, or Teacher, duly licensed by any Denomination of fj a,*M2yor Christians in the Province, shall be qualified to be elected Mayor, Alderman, or Councillor of the said City. 8. That the first Election,after the passing of this Act,of thepir^ Mayor, Aldermen, and Councillors of the said Corporation, ''''"''°" shall be in manner following, — that is to say: — The Sheriff of the City and County of Saint John, by himself and his suf- ficient Deputy or Deputies, by him named for that purpose, shall, within days, after the passing of this Act appoint a day and places for the Election of Mayor ; and also a day and place for the Election of Aldermen and Councillors, — viz.: one Alderman and one Councillor, — to serve in the City Council for each Ward, whereof, he shall, seve- rally give notice in three or more of the Public Newspapers published in Saint John, and by Advertisements in the se- veral Wards, for ten days previous thereto ; and shall, agree- ably to such notices, severally hold such Elections, and conduct the same in the mode hereinafter provided. And at such Elections, and r-very subsequent Election for the Mayor, or Aldermen, and Councillors, every male inhabitant of the full age of twenty-one years, who shall have been a Freeman of the said City, and been duly registered for six months previous to such Election, and shall have been as- sessed for the Assessment next preceding such Election ; — and non-residents, who shall have been assessed as afore- said, for Real or Leasehold Estate within the said City, of the value of Twenty-five Pounds and upwards, — and shall have paid all rates, and taxes due, and fines, if any, on or before the day preceding such Election, shall be qualified to vote ; the evidence of such payment, when questioned at the Polls, shall be a receipt from the Collector of Rates, who is hereby required to furnish the same, under the Penalty of Five Pounds for each refusal, and shall be delivered to ttie Commissioner, holding the Election, who shall, after the fclection. deposit the same with the City Clerk, as herein- after provided. That at the close of the said Elections, ■?.»('f . I ■ V Tfnii ofittb- ■nquent KItetioni of Mayor, Al- dermen, and Couneillora. Asieiiora to file aii'mnt. list with Clerk. Clerk to make up re- gistry of ▼otes. Certain disqualifica- tions for the Offices of Mayor, Al- derman and Councillor. after duly counting the votes, the Sheriff shall publicly pro- claim the person or persons having the majority of votes, and the person or persons, so proclaimed by said Sheriff shall, after being duly sworn, as herein^s '''^r provided, be deemed and held to be Mayor of the Ht^h ity, and Alder- men, and Councillors for the said Wards . ispectively. 9. That from and after the said first Election, the said Mayor, Aldermen, and Councillors shall be annually elected ; namely, the Mayor, on the first Tuesday in , and the Aldermen and Councillors on the first Thursday in 10. That it shall be the duty of the Assessors, in each and every year, to file a Copy of the Assessment Lists for each Ward, with the City Clerk, within one month after the same shall be made up ; and it shall be the duty of the Clerk on or before the first day of , in each and every year to make up from the Assessment Lists, a true aiid cor- rect Registry or List for each Ward, of the persons qualified under this Act, to vo'te at the next ensuing Election, for Mayor, Aldermen, and Councillors, and shall, on or before the day preceding the day appointed to hold any Election, under this Act, and before the opening of the Polls, deliver to each of the Officers appointed to hold the same, a Copy of the Registry or List for the Ward in which he is to preside. 11. That no person shall be qualified to be elected to, or serve in, the Office of Mayor, Alderman, and Councillor so long as he shall hold, or after being elected, shall accept any office or place of profit in the gift or disposal of the Council ; nor during such time as he shall, by himself, his partner, or in any other way or manner, directly or indirectly, have any share or interest in any contract or employment with, or on behalf of the said Council, nor shall any person, accountable for the City Revenues, or any part thereof, nor any officer or person presiding at any Election of a Mayor, Alderman, or Councillor, while so presiding, nor any Clerk or Assistant employed by him at any such Election, while so employed, be elected to the office of Mayor, Alderman, or Councillor, in the said City. Provided, nevertheless, that no person shall be disquallified to serve as Mayor, Alderman, or Councillor, as aforesaid, by reason of his being a proprietor or share- holder in any company, which shall or may contract with the City Council for lighting or supplying wiih water or insuring against fire any part of the said City : or from hold- ing any Lease of Land from the Corporation ; and that no Alderman or Councillor shall receive into his hands any monies for, or on account of any contract, work, or employ- ment made, done, or performed by, or on behalf of, or by direction of the said Corporation ; but that all monies due H. ' le. iSi^.i^>,iL':tV(Ai^ttiL.^.i.i^-^^ ■- icly pro- jf votes, d Sheriff yided, be id Alder- ely. the said y elected ; , and the n , in each Lists for 1 after the f the Clerk and every e aad cor- s qualified eclion, for 1 or before y Election, )lls, deliver ne, a Copy h he is to ected to, or )uncillor so accept any le Council ; partner, or y,have any with, or on accountable any officer , Alderman, or Assistant mployed,be ouncillor, in person shall r Councillor, 3r or share- ontract with ih water or r from hold- and that no hands any , or employ- ilf of, or by monies due by the said Corporation on any such account, shall be paid by the Treasurer of the City, to the person or persons who shall have actually done such work, and shall be entitled to such monies by, under, or for such contract, work, or em- [ployment, or to his or their order. 12. That when any person, duly elected to the office ofJJc'Jpf'oJJe, [Mayor, Alderman, or Councillor, shall neglect or refuse too'M«yor, accept the same, within the time limited, or to take the or ""*"' jOath of Office, as aforesaid, the said Office shall be deemed^"""'"'"' Vacant, and shall be filled up by a new Election, to be ; lade in the manner hereinafter provided for holding Elec- tions. 1 3. That if any person, holding the office of Mayor, Alder- Removal «r lan or Councillor, remove his place of residence, without May""" |he limits of the City, or shall be absent from the Meetings o,'*"'""""' )f the Council for more than two months, at any one time, councillor, jxcept in case of illness, or by leave of the Council, first ob- tained ; then, in every such case, such person shall immedi- itely be deemed and taken to he disqualified, and shall tease to hold his office of Mayor, Alderman, or Councillor md his place shall be filled up by a new Election, to be lade in the irianner hereinafter directed for holding Elec- lons ; and such Mayor, Alderman or Councillor shall be iable to the same fine in case of such absence, as if he had jfused to accept Office. 14. That public notice of the time and place for holding Jen Jay. ,^very Election after the first, under this Act, shall be given every* e««c- " jspectively by the Clerk, by publishing such notice in one"""' more of the public Newspapers printed in the said City, by Printed Handbills in the several Wards, for not less lan ten days previous to such Election. Provided always simuuan- lat the Election of Aldermen and Councillors for the seve- uonVor'ali il Wards shall be held on the same day, and at the same »•>" warda* le. 15. In every Election for Mayor, Alderman, and Coun- llor, the following regulations shall be observed ; each ,i„ij„j sident voter shall poll his vote in the Ward wherein he voter to sides, and not elsewhere ; each non-resident voter in the he**etwe"* tard wherein the property on which he is assessed is situ- {Ji^wa'd*''* 5, but no person shall at any one Election vote in more where awa- m one Ward, and no person shall be allowed to vote at any one war^. Jection for Mayor, Alderman, or Councillor, unless his name ill appear in the list of voters for the Ward for which claims to vote, Provided, that all the said eight Alder- m and Councillors shall be elected by a general vote of whole City, and every voter in the said City shall have right to vote for any or all of the Aldermen or Council- to be elected at any time for the said City, irrespectively dMt* I: ■.y.t Cnramii- ■ioner for «ach Ward to be appointed by Sheriff. Bii daya no> tice of Elec- tion Com> miaiioneri. Commii- aloner a worn. Poll Clerk, Nomination of Candidatei. 'Sntriei on nfoll List. Vote by Fallot. Veicription •of the Ballot Duty of Commis- .-elonere, on receipt of .each Ballot. What Bal- lot! shall be rejected. of the Ward for which each Alderman and Councillor may- be a Candidate, or of the Ward wherein such voter shall poll his vote as aforesaid. 16. All Elections, after the first, shall be conducted in each Ward, before a Commissioner, (not being a member of the Council, or Candidate at such Election,) to be appointed for each Ward, by the Sheriff of the City and County of Saint John, at least five days before the Election. 17. That public notice shall be given of the names of the respective Commissioners so to be appointed for holding Elections, by the Sheriff", by publishing the same in one of the Newspapers published in the City, or by Handbills post- ed up in the respective Wards, at least three days immedi- diately preceding the day for holding such Election. 18. Each Commissioner before entering upon his duties shall be sworn before a Justice of the Peace, to the faithful discharge thereof. 19. The Commissioner at each Poll shall appoint a Poll Clerk, who shall be sworn before such Commissioner to the faithful discharge of his duties. 20 Every Candidate for the office of Mayor, Alderman, or Councillor shall be nominated by two qualified Electors, who shall subscribe a declaration of such nomination, and file the same in the Common Clerk's office at least twenty- four hours before the commencement of the Election, and no vote shall be counted except those given for one or some of the persons so nominated ; and the names of all the Candidates nominated for each Office shall be posted up at the respective polling places in each Ward. 21. The Poll Clerk shall enter on a Poll List the name of each Elector voting, and any other fact the Commissioner may require him to note down. 22. The votes shall be given at the Elections by ballot. 23. The ballot shall be a paper ticket, which shall contain in writing or printing, or partly written and partly printed, | the name or names of the person or persons for whom the elector intends to vote, and the office he is intended to fill, and shall be enclosed and delivered in an envelope, to be provided by the Commissioner, at the time of taking the vote. 24. Each Voter shall deliver his ballot, so enclosed, to the Commissioner who shall forthwith, without reading it, de- posit it in the ballot-box, but should he discover the same not to be single, the ballot shall be .immediately rejected, and the party who tendered the same be deprived of his right of voting at that Election. 25. No Ballot shall contain more names than there are persons to be chosen in Office ; if, in sorting the votes it shall be found that a ballot is double, or that two or more icillor may iroter shall inducted in member of 1 appointed County of imes of the for holding le in one of iidbills post- lys immedi- tion. n his duties the faithful »point a Poll sioner to the r, Alderman, led Electors, [lination, and least twenty- ^ ;iection, and ' one or some ^s of all the posted up at ; the name of Jommissioner IS by ballot, shall contain >artly printed, for whom the tended to fill, ivelope, to be iking the vote nclosed, to the reading it, de- )ver the same ately rejected, 1 prived of his han there are ig the votes it t two or moif ballots are enclosed in the same cover, or if the name of the same person be more than once entered for the same office, on the same ballot, or if any ballot contain more names than legal, all such ballots shall be rejected. 26. The Box shall be opened, and the Ballots counted, [by the Commissioner, in the presence of the Candidates, if they choose to attend. 27. The Poll for the Mayor or Aldermen and Councillors [of the said City, shall be opened, in each Ward, at eight 'o'clock in the forenoon, and shall continue open till four >'clock in the afternoon of the same day ; and the name of ;ach Elector voting, shall be written in Poll Books, to be cept at such Election by the Poll Clerks, and immediately ifter the final close of the Poll, all the votes given in the ''ard, shall be sorted, counted, and publicly declared by |he Commissioner; and in making such declaration and re- cord, the whole number of votes or ballots given in, shall )e distinctly stated, together with the name of every person roted for, and the number of votes given for each person re- jectively, and for what office ; and the Commissioner shall klose and seal the Poll Books, and any receipts delivered in )y the Electors, and deposit the same, so enclosed and jaled with the City Clerk, before ten o'clock on the morn- g of the next day, to be by him laid before the Council, at eir first meeting thereafter ; and the said Poll Book shall j^en be opened, and the Council shall examine all the re- siiirns from the respective Wards, and shall declare the per- ■on or persons having the majority of votes, to be duly iriccled. 28. In case there shall be an equal number of votes pol- for two or more persons, a new Election shall be held respect of such persons, to determine the same. 29. Any person knowingly or wilfully voting when not titled to vote ; and any person fraudently putting in more Ian one Ballot, when voting, or voting in an assumed me ; and any person voting oftener than he is entitled shall pay a fine of Ten Pounds, and his vote shall be iclared void, and shall not be counted at all in such Elec- n, and it shall be the duty of the Commissioner presiding the Poll, at which any offence under this section shall e been committed, as soon as possible after the election ver, to prosecute for the recovery of the fine therein pro- ed, to and for the benefit of the Corporation. 0. Every person desirous of voting at any Election, 11, before his vote, be entered on the Poll List, if re- red by the Commissioner, or by any qualified Elector, the following Oath, which Oath the Commissioner is cted to administer : " 1 do swear that I am a British Openini of the Box and Counting. Duration of the Poll. Entries- in the Poll Booki, and final close. Poll Booka and receipts to be deli- vered to Common Clerk. New Elec- tion to be held when votes are equal. Penalty foi illegal voting. Elector*' may b» sworn.. ! Subject, that I am qualified, by Law, to vote at this Elec- tion, in this Ward, and have not before voted at this Elec- tion. So help me GOD." And whenever a vote shall be so sworn, the Poll Clerk shall mark "sworn" opposite the - voter's name in the Poll Book. Vt"*"' "" ^^' ^^^^y person shall, knowingly, swear falsely, he shall Swearing, be guilty of Pcrjury, and subject to the penalty thereof, commii. 32. The Commissioner shall have, for the purpose of the lim*" '*"■ Election, and during the time of holding the same, all the «ii"i?e«° ^^P^^^^ ^"d authority of a Justice of the Peace, 33. The Mayor shall be sworn into office before the City Hwor», con- Clerk and a Justice of the Peace, as soon as may conveni- offlcVtm ®"*^y ^®> after his Election, and shall continue in office ditquaiifled, until he resigu, or die, or become disqualified, as in this Act other'u mentioned, or another be duly elected and sworn in his elected. gjcad. Councillors ^'** '^^^ Aldermen, Councillors, and other officers of the Sworn and Corporation shall be duly sworn into office before the Mayor Office until and City Clerk, or a Justice of the Peace and City Clerk, as dte! jms.I'&c. soon as conveniently may be after their Election or appoint- ment ; and shall continue in office until they resign, or die, or become disqualified as in this Act mentioned, or others be duly elected and sworn in their stead. Clerk to en- 35. Tho City Clerk shall duly enter in the Records of the puc'e*of *"^ '^^^d Corporation the date and place of such swearing into swoering. officc, and thc persons before whom the same took place, which entry, or a certified copy thereof, under his hand and cvidJnce,'^ seal of office, shall be evidence thereof, in all Courts of Law ^''- and Equity in questions arising out of this Act. Peatity for 36. Evcry pcrson duly qualified, who shall be elected to reAiaai w the office of Mayor, Alderman or Councillor, shall accept accept o ce ^^^ office or forfeit to the Corporation, the sum of Twenty- Five Pounds. Bxtraordin- ^^' ^^ * vacancy occur, in the office of Mayor, Alder- ary vacancy man or Councillor, the same having been first duly declared,;^ by a Resolution of the Council, an election for such vacan- cy, shall be ordered and conducted in all respects in the^ same manner as ordinary elections, under this Act. 38. That all male persons, being British Subjects, whol shall have resided within the limits of the said City of Carleton, during the twelve months preceding the passing| of this Act, and shall have paid their rates and taxes foij such period, — and all persons who own Property therein, am shall have been rated, and paid their rates and taxes for the same period, though not resident therein, — and ali^ persons now resident within the limits of the said City who have been and are Freemen of the City of Saint John r--and all male persons who shall, after the passing of thiV freemen. Y, he shall lereof. >ose of the ae, all the •e the City y coiiveni- e in office in this Act orn in his leers of the the Mayor ty Clerk, as or appoint- sign, or die, 1, or others! cords of the' ^earing into took place, lis hand and ; urts of Law )e elected to hall accept of Twenty- ^^ ayor, Alder uly declared, such vacan- pects in the| Act. ibjects, who said City of the passingi ind taxes forf r therein, and| ,nd taxes foi| jin,— and all| le said City^^ f Saint JohnI ,ssing of tUii Act he horn within ihe limits of ihe snid City, shall be, and •^' ^ ^ be dctrnied Freemen of the said Ciiy oi Cailelon, und bo CHlitUd 10 all ihc rights and privileges belonging iherelo, subject to the provisn>ns herein made, and the Laws, Ordi- nances and Regulations of the said City, and that the Mayor of the said Cily for ihe time being or the said Council shall, from lime to time, and at all times hereafter, have full power and atuhority, uni»OT«iifl«e- dissatisfied with the dicision of the officer or person hold- any rionio* ling any E'ectiori ui:der this Act, in any ra^e lelating to the£'"^p'}jf,{"' Hreturn of a Mayor, Alderman, or Councillor; such Candi-'" •»'•*•» *•» ^dale or Elector shall, within ten days, next after the day of'*" '*"" * inch Election, make application in writing, through the lerk to the Counc 1, setting forth the cause of complaint, nd demanding an investigation thereon ; and the said ouiicil are hereby authorized and required lo assemble and ixamine and determine the matter of such complaint with- out delay; but the Mayor, Alderman, or Councillor, whose ^BToror turn or seat is in dispute, shall not voJe on the exarnina- c«j'j»'«'»^"' ion of such complaint ; and if it shall appear to the Coun-nonis^ifV [il, by satisfactory evidence on complaint, as aforesaid, that ?»{**'{„ ih«" ny person has been returned and is serving as Mayor, "•■'*•'• iraerman, or Councillor, contrary to the provisions of this iCt, the said Council shall declare his Election to be void,J^*7,*'*f*,. iid shall direct a tiew-Eleclion to be held, to supply his «•'"'••• •"••t- .ce, as m ihe case Qi uiher cj^truoraiuary vitcaucic's. 10 Ona mnm- t'>t l»V(» Waid«. Eligibilily for m-alttciion. AIn Ic C'n'jnciltorii wli.tn to s{o oumrofncu. Council WllHIl to muet. Two riayt Notice. Fnur Quar- terly Meutingi. Three mem- bem with Mayor, a Court. Majority prM'iRnt to deturmiiie, Ice. MiiMitee of M««lin|s. Members present. Mayor to pre«i4e, if abeeni. cli iirm-i|t to be chosen. 41. That, if at any Election, ony person shall he elected as Alderniin or Comicillor Cor :•>,. e than one Ward of ihe said City, he shall, within three Uays alter receiving notice thereof, make his option, and declare for which he shall servo ; or in his defuult, the Mayor for the time being, shall declare for which one of the said Wards such person shall serve, as Alderman or Councillor, and, therenpon, such per- son shall bo held to have been elected in that Ward only, and another Election shall, therenpon, be held in the Ward so left vacant, as in other cases of vacancies. 42. That at the Annual Election, to be held under this Act, all the officers, whose term shall then expire, shall be eligible for immediate re-electon, if duly qualified in other respects. 43. That the Aldermen and Councillors to be elected under this Act, shall, severally, go out of office on the day hereinbefore prescribed ftn* holding'the Annual Election. 44. That the said City Council shall meet for the trans- action of business, at such time and place as the Mayor or any four Members of the Council may, from time to time, appoint, giving, at least, two days public notice of such meeting. Provided always, that tiiere shall be four Quar- terly Meetings in each and every year, to be held at such time and place as the Council muy, by Bye Law, appoint. 45. That in all meetings of the Council to be held under this Act, five members, with the Mayor or chairman, shall constitute a Court for the purpose or purposes for which they had been convened, as aforesaid, and a majority of the members present shall determine the questions and matters submitted for consideration ; and it shall be the duty of the Clerk, at all meetings, to keep a minute of the proceedings in which he shall enter the names of the members who shall be present atthe openingor during theconiinuance of such meet* ing, and the persons, whose names have been so entered, shall be deemed and taken to be, to all intent and purposes, pre- sent at such meeting, until the same shall be finally ad- journed or dissolved by the presiding officer ; and the Kules, Orders and Regulations, Enactments and Decisions of such meeting shall not be deemed illegal, or contrary to the true intent ar.d meaning of this Act, notwithstanding some of the members shall withdraw therefrom previotis to such ad- journment or dissolution. 46. That at all meetings of the Coitncil, the Mayor, if he be present, shall preside ; and in case of hi* absence, the members of the Council present, shall choose one of their own number to act as chairman, and preside at such meet- ing; and the Mayor or chairman so presiding, shall not Tatei except ia caM of Qf^ual votes upan any quesUoay and Sayor, II under this e, shall be \ in other be elected on the day election. r the trans- ?. Mayor or [le to time, ice of such four Qnar- leld at such ir, appoint. held under irman, shall for which ority of the and matters uty of the proceedings who shall be . such meet* ntered, shall rposes, pre- finally ad- idthe Rules, ons of such to the true ng some of to such ad- Vfayor, if he bsence, the ne of their such meet- |g, shall not uesUO And City, only. ha shall then have the casting vote ; and all meetings of the^"«tini Council shall be held with open doors, and said Council shall have full power to adjourn their said meetings from |^^w«' i* day to day, or to such times as business may require. » 47. That the Minutes of proceedings of all meetings of Rmry or the said Council, to be held as aforesaid, shall be drawn up h,!"!!."",' l and fairly entered in a book to be kept for that purpose, by '*'«"*''• the Clerk, and shall be signed by the Mayor or chairman presiding at such m(3eting; and the said Minute Book shall be opened, on payment of tlie fee of One Shilling, to the in^-F^f'"" spection ot all persons qualified to vote at the Election of Aldermen and Councillors. 48. That if any person holding the office of Mayor, Al- Mayor or erman, or Councillor, shall be declared bankrupt, or shall JiuqIilil'.aJj pply to take the benefit of any Act for the Relief of lusol- J'^'^'J'''*-^^ Ivcnt Debtors, or shall compound, by deed, with his creditors, hen, and in every such case, such person shall immediately ecome disqualified, and shall cease to hold the office of layor, Alderman, or Councillor, as aforesaid. 49. That the Mayor and Aldermen of the said City, du- Mayor ntid ing his or their continuance in office, shall be, and be ^^^'^Jf^^'j^" eemed Justices of the Peace, and shall have, use, and ex- f J'|;;>', rcise the same powers and authority, within the said City, s if he or they had been commissioned a Justice of the ?eace ; but nothing in this Act shall be construed to give $uch Mayor or Aldermen authority as Justices of the Peace Over the County, beyond the limits of the said City, or to af- ct the jurisdiction within the said City, of Justices of the eace for the City and County of Saint John, now, or here^ fter to be appointed, except as hereinafter. 50. That there sliall be paid from and out of the monies be^ nging to the said City, to the said Mayor, for the time ing, in lieu of all fees and perquisites a Salary not exceed- aaVary.' Pounds, currency, per annum, payable arterly. I 51. That it shall be lawful for the said Council, pf the id City, from time to time, as occasion may require, to rityroimcii ppoint a fit and proper person, not being a member of the >"|^"pi"''"' " \ld Council, to be Clerk <»f the said City, and another fit Treasurer, ^rson, not being a member of the said Council, and not sing City Clork, to be Treasurer of the said City ; also, one more Auditors, not being members of the said Council ;AH<»it<»ri, Mil rill A I City Marshall or High Constable of the said City,ai.d two Contables for each Ward; and which said City ^""•*'"''" (rk, Auditors, Marshall or High Constable, and Mistables respectively, shall be duly sworn before the lyor, to the due execution of the duties of their office ; Mayor'i u ¥ I > I - I'oiinii Kfi'piir* and nihcr OiRctri. all the powers and niuhority rcinteil by Law in any Consta- ble of the County of Saint John ; ono or more fit person or rurkanriht persons, to be Cleric or Clerks of the Markets of the snid City; survryor ofnnd one Surveyor of Highways. Streets, und bridges; and "inl.T'roM*, one or more Collectors of Uates for the said Cii y ; one or more Pound Keeper or Pound Keepers for the said City ; and surh other ortici'rs as they may think necessary \o enable iheni to carry into excMrnlionihe powers vested in them by this Act, none of the said oliicers being members of the Council; and to prescribe and regulate the clniies of all such olliccrs respec- tively, and, at their pleasure, to remove any such olFioer, and appoint another in his place ; and the said Council shall take such security for the due execution of the otKces of City Clerk, Treasurer, or other officer, as they shall think proper ; and shall, and may, grant and allow, in each and every year, to the City Clerk and other officers, to be appointed, as afore- said, such salary, allowance or other compensation for their services as they may think fit. Provided that no person shall be capable of acting as City Treasurer until he shall have been sworn before the Mayor, faithfully to perform the duties of his office, as hereinbefore prescribed, nor until he shall have executed a Bond to the said City, with two sufficient sureties, to be appioved by the Cify Coinicil, in such sum as the City Council shall prescribe, conditioned for the faithful performance of the duties of his office, in such form as the City Council may approve, or any Bye Law require. 53. That the Treasurer of the said City shall receive all Rates, Taxes, Assessments, Fines, Penalties, Imposts, or other monies, payable by the inhabitants of the said City, or received for, or on account of the revenues of the said City, under, or by virtue of this Act, or of any Bye Laws to bo made by the City Council, by the authority of the same. 53. That the said Treasurer shall not pay out any monies, as such Treasurer, otherwise than upon an order, in writing, of the Council of the City, to be signed by iho Mayor, or, in his absence, by the Alderman or Councillor presiding at any meeting of the Council when such monies were ordered to be paid, and counter-signed by the Clerk. 54. That the Clerk, Treasurer, and other officers of the said City, appointed by the Council, as aforesaid, shall ri;-. spectively, at such times, during their continuance in office, and also within three months after Ihey shall have respective- ly ceased to be in office, and in such manner as the saidCouii- ci«rk.Tr^«-ci| shall direct, deliver to the said Council, or to such person •iip-r. and , • i « ■■ i n • ■ ■ i as the said Council shall authorize to receive the same, a true accodnt,in writing, of all matters commiited to their charge, Mqur.dby ^*y virtue, or in pursuance ofthis Act,and also of all monies, lite Council. wiiicU shttli Uav^ buetii by them respectively received,by vii* nmy of TrasDurer Nni lo pay nut nioitics hut ii|ion ordtjr ill writing of Council. •II othT (;iiy OfAc^rii III ^■■■niiiit person shall all have been the duties of intil he shall wo sufficient 1 such sum as ,r the faithful , k form as the equire. ill receive all I, Imposts, or J said City, or the said City, J Laws to be the same, ay out any •on an order, ;| igned by the or Councillor such monies ly the Clerk, jtficers of the laid, shall re- ance in office. ve respective- ihesaidCoun- osuch person e same, a true their charge, of all monies c&iveUyby vu- tuo of, or for the purpose of this Act, and how much thereof shall have been paid and disbursed, and for what piirpofoN, together with proper vonchcrH for such payments; and every such officer shall pay all such monies as shall remain diiti from him to the Treasurer, for (he time being, or to mucIi person as the said Council shall authorize to rcceivo iho same; and if any such ollicer shall refuse or wilfully ne- ,.„.„„^,„,, gleet, to deliver such account, or the vouchers relating to the "" "••'•«•■ same, or to make payment, as aforesaid, or shall refuse, or wilfully iMfgU'ct to deliver to the said Council, or to sncli person as they shall authorize to receive the same, within three days, after being thereunto required by the said Conncil, all books, docnments, papers, and writings in hid [custody or power, as such ollicer, as aforesaid, then, and in |every such case, on complaint made on behalf of the said Council, by such person as they shall authorize for that purpose, of any such refusal or wilful neglect, as aforesaid* [to any Justice of the Peace for the District f.r County [wherein such officer shall reside or be, such Justice of tho Peace shall be, and is hereby authorized and required to Ussue a Warrant, utider his hand and seal, for bringing any such officer before any two Justices of the Peace for such Mstricl or County ; and upon the said officer not appearing, >r not being found, it shall be lawful for the said Justices to lear and determine the matter in a summary manner, and it shall appear to such Justices, that any mon es remain Ute from such officer, such Justices may, and they are here- >y authorized and required, on non-payment thereof, by "'^arrant, under their hands and seals to cause such monies |o be levied by distress, and sale of the goods and chatleig ^f such officer; and if sufficient goods and chattels shnil |ot be found to satisfy the said monies and charges of dig- ress, or if it shall appear to such Justices that such officer [as refused or wilfully neglected to deliver such account, or le vouchers relating thereto, or that any books, documents, kapers or writings wliich were or are in the cusrody or power ' such officer, in his official capacity, have not been deliver- as aforesaid, or are wilfully withheld, then, and in every iich case, siich Justices shall, and they are hereby required commit such offender to the Common Jail or House of Correction for the District or County where such offender lall reside or be, there to remain without Bail until he )all have paid such monies as aforesaid, or shall have made itisfaction to the said Council, or until he shall have de- [vered a true account as aforesaid, together with such vouch- rs as aforesaid, or until he shall have delivered up such • )oks, documents, papers and writings, or have given satis- :tioa iu respect thereof to the said Couucili provide4 u ii always that no person :! next, after such vacancy, for the purpose of being examined and audited, from the first day of November in the year preceding, to the first day of May, and from the first day of May to the first day of November in the year in which the said Auditor or Auditors shall have heen appointed and named, an i if the said accounts shall be found to be correct, the Auditor or Auditors shall certify the same to be so ; and after the said accounts shall have heen so examined and Audited in the month of November in every year, the Treasurer shall make out in writing, and cause to be printed, a full abstract of his accounts for the year, and be primed a copy thereof shall bo open to the inspection of all the rate payers of the said City, and shall be furnished to any party applying for the same on payment of a reasonable price for | each copy. 5<>. That it shall be lawful for the said Council to appoint, from out the members composing such Council, such and so | commitmei iiiauv committees, and consisting of such number of persons .^ as (h< ' riy thii '' It few iiie transaction of the husitiess be- ' • au .HW)uncu,and for the discharire of such duties as by. the said Council may be prescribed, but subject in all things ^ to the approval, authority and control of the said Council; | and in all questions coming beforf any such committee, a | majority of the members present shall determine such ques- tion; provided that a majority of the per:»ons composing such | committee be present. * , - »f 57. That if at any meeting o( the said Council to be held ««uBciiiur ijiudef Uus Act> auy meiauer joI iae Cailuucu shaU be guilty ul \ Fii'l AliHirnct »f> 15 dined in gor space ulso that ridpe any ii.'iT. I liool*'' to II sums itl ror,;tnd of liuvc been ic said ac- insjtcction llurs of tlio or, witli all 1 nionths of ed by such for the said aid Council day of ,ry vacancy ncy, for the ho f\m day lay of May, f November s shall have ' nts shall be 1 certify the I havo been her in every nd cause to ic year, and If all the rato o any party ble price for [l to appoint, such and so jr of persons Ihusiness be- dutiesas by ni all things laid Council; jomtnittt'c, a n; such ques- (, I posing such ;il to be held b6 guilty ui gro!i!»ly violent or improper conduct, or >hall mnkc ui^c o^^ZiZll?^' Inn^iuigo indccciU, or piuluno, or insiihni^, i<> ilic presidnig otficur or to any in«'i from tht* Council, or another niprting may be speciiilly snmfnon»d lo adjudicate upon the subject, the litneaiid objeci of such nuM'iing being previous- ,/ nolifitd in wniuiq (o every mcmhor, or to be loft nt his usual pl/»<"e of abode, and it five members at lenst, including the olfcM^der, Ue present at such special meeting, the Council [so assembled shall have power, in sn^^b nmnner as may be determined at sucfi meetiiu?, to pniiis^i trt*' ottciider by repri- Iniand, fineoi expuls Dn.asany live of the n^mibers then pro- Isctit shall think (it ; provided ibat i/t ease •! expulsion the person so cx[)ellevl sliull forlhwilh cea" publish in P'li'iiraiion i- ,.1 I I- U 1 .1 f^•. /.of ACCOUIltn. ne or more ol the newspapers [)nblishe(l i, 'he Ctly ol [arleton, or in case tht'o be none published tlx in, then in le or more of the ne wspapeis published in i (vity and mnty of Saint John, one month before the amii. lection Mayor, Aldermen, an 1 Councillors in each year, tur the in- irmation of the citizens i full and detailed statement of the |ceipts and expenditure of the Corporation dtiring the past jar; and in every such s ilement the ditferent sources of re- mne,and the amount reo iived from each ; the several appro- [iations made by the Con icil,the objects for which the same U'e made, and the amount of money expended imdereach ; monies borrowed on the credit of the Corporation ; the Uhority under which each loan was made, and the terms ler which the same was obtained, shall be clearly and irticularly specified ; together with the amounts of all jessments ordered and male, the soveral purposes of such lessments, the amount acrually received under such as- sment, and a detailed account of the application ihere- I't aud that such statements and accounts shall be made up re M *" to the thirty first dny of Decemhcr preceding such puhlica- tion in each year, signed by the Mayor and Clerk of the City for- the time being. Doanu, Ac, 5!>. That all Boy ds, Commissioners and Officers appoint- Bti!rniit«i.i« ed to act nnderihe authority of the said Council and intrust- tlxl-TvedT ^^ ^^'''' the collection or expenditure of any monies belong- ^«- ing to the said Corporation, shall be accountable therefor to the said Council, in such manner as may be ordained and directed by the Bye Laws and ordinai.'ces of the said Council ; ajid the books of accounts of the said Corporation, shewing the amounts, particulars, state and circumstances, and also the receipts and expenditure of the property, funds, taxes, and effects, and fees belonging and accruing, or payable to the said Corporation, or any of its Officers, and a full and Account to piii'ticular account of the same shall be deposited and kept beo[>«.it« ii, the office of the Clerk, and shall be there exhibited for foron.M.i.iii-the inspection and examination of every Elector of the Cily insp.'ciion ' who may within the usual office hours on any business day or learch. apply to inspect and see the same on payment of one shilling | for every such inspection or search. 60. That tlie said Council, in addition to the general pow- ers of making Bye Laws for the government of ?he said Ci'y, and the other powers incident thereto, especially con- ferred in, and by the provisions of this Act, shall in the man- ner hereinafter mentioned have the sole power and authori- ty from time to time to make, ordain, enact, revise, alter and iiiak« amend such Laws as tliey may deem proper for the several "^^ bel "*"**'*"*■ purposes following within the said City, that is to say : — First — The regulating weights and measures in the public markets and alloiher places within the said City, according to the lawful standard, and to authorize the seizure and destruction of such as are not according to the standard, and to impose fines or penalties on the owner of, or persons using such defective or fraudulent weights or measures, beams, scales, or other devices for weighing. Second. — To regulate and manage the market or markets, and to establish and regulate market days and fairs. Third. — To regulate the manner of selling, weighing, and measuring butchers' meat, fish, vegetables, grain, hay straw, and fodder, and to grant licenses for the due weigh- ing and admeasurement thereof. Fourth. — To restrain and regulate the purchase and man- ner of selling of vegetables, fruit, and country produce, poul-, try and all other articles and things, or of animals openh exposed for sale or marketed. Fifth. ^-To restrain and regulate the purchase of such thing' at any distance less than one mile from the outer limits of tin said City, by hucksters orruuners living within the City. Adiliiional ;>iir|ioi«;ii ■ r<)r wtiinh <'ouni:il hn vi> niitliority to les Jig ma (, thii ed tair off; as I ing said E the J pena sions m vesse Te ment docks and s preve withii of, an Eig^ 17 ;euer:il pow- t of the said pecially coii- iii the maii- and anlhori- ise, alter and r the several ) to say : — in the public ty, according I seizure anil ?tcindard, and f, or persons or measures, et or markets,! fairs. .veighing, and! grain, haV)' re due weigh-J lase and man-j rod lice, po«l| mimals openlyj -of such things er hniits ofilu in the City. # Sixth. — To regulate the measurement of coal, lime, salt, grain, boards, cordwood, and other fuel, clap-boards, shing- les, laths, and other lumber, and to impose penalties for light weight, or short count, or measurement, in anything marketed. Seventh. — To regulate all vehicles, vessels, and other things in which anything may be exposed for sale or market- ed ill any street or public place, and to seize and destroy all tainted and unwholesome meat, poultry, fish, or other articles of food, and to iinpose and recover such reasonable penalties as may be found proper, u^^on the person or persons expos- ing for sale such tainted or unwholesome articles within the said City. Eighth. — To regulate the assize of bread, and provide for the seizure of bread baked contrary thereto, and to impose penalties upon the person so baking contrary to a '. provi- sions of any ByR Laws to be made in that behalf. Ninth. — To regulate the anchorage, lading or unlading of vessels and other craft arriving or being at the said City. Tenth. — To regulate and provide for the erection, manage- ment, and rent of wharves, piers, quays, landings and docks in the said City, and the toll to be paid for vessels and steamboats touching thereat or using the same, and to prevent the filling up, or incumbering the River Saint John within the said City, or impeding the free navigation there- of, and lo regulate and establish ferries within the limits of, or belonging to the said City. Eleventh. — To regulate carters, waggoners, and cartmen, he price to be paid to them for hauling loads in the said ity, and the quantity to comprise a load. Twelfth. — To enforce a due observance of the sabbath. Thirteenth. — To punish vice and immorality, and inde- ency in the streets or other public places in the said City. Fourteenth. — To preserve health, peace and good order. Fifteenth. — To prevent the spreading of infectious or ther diseases. Sixteenth. — To prevent excessive beating, or other cruel lUd inhuman treatment of animals. Seventeenth. — To prevent the sale of any intoxicating inks to children, apprentices, or servants without the cou- nt of their lawful protectors. Eighteenth. — To impose penalties on the keepers of low Additional pling houses, frequented or visited by dissolute and disor-£."'"P''""» rly persons, where spirituous liquors are not sold. Nineteenth. — To license, regulate or prevent bilUard bles, bowling alleys, or other places of amusement. Twentieth. — To restrain or suppress gambling* houses, ccasio Ei^ »g to d^ as aforesaid, shall forfeit any such fee, reward or compuiisa- tion so received, and shall bo liable to a penalty of not less than five pounds, to be recovered as hereinafter provided ; and shall, at the discretion of the said Mayor, be dismissecl from his eniploymen* n such Police Force, and be rciidoiod incompetent to be . .ichcd to the same again : provided always, that this section bo not construed to apply to any reward offered by public proclamation, or by the public authority, for the apprehension of any offender or ollciiclers. 73. — And he it Enacted, that in the absence of any fines ppn„|,y f,„ or penalties imposed by the said City Council, every Person *^i,'^'^'^J,'^ shall be liable to a penalty of not less than Forty shillings who, within the limits of the said City, shall commit any of the following olFences ; that is to sny : — First. — Every person who shall discharge any gun, pistol, |^^|'j)''.j'^'{,'',='''*' blunderbuss, or other species of fire arms, of any nature or kind whatever,inany publicstreet, thoroughfare, alley, road, or bye road, or within two hundred feet of any public titreet, thoroughfare, alley road or bye road. Second. — Any person who shall make any bon-firc, or set flj:"',"!;,^^^ off any rocket, squib, cracker, or any other species of fire, '^'^'J|*j|"b ^^ work in any public street, thoroughfare, alley, road or bye road, or within one hundred feet of any such public street, i thoroughfare, road or bye road. Third. — Any person who shall throw snow balls, stones, snow-baiis. dirt or other missile in, or into, any public street, thorough- [fare, alley, road or bye road. Fourth. — Any person who shall coast on a sled, or who constina on [shall make, or ase any slide, upon iceorsnow,down, through. ma'kVug' jin, or along, any public street, thoroughfare, road or bye road. *'"'^' Fifth. — Any person who shall play at pitching coppers, Pitciiing [or any other game or games, of any nature or kind whatso- phfyin" °' jver, in any public street thoroughfare, alley, road or bye ^*""'®- road to the annoyance or inconvenience of the persons pass- ing along such street, thoroughfare, alley, road or bye road. Sixth. — Any person who shall use any obscene or profane usinirpro- I ■' f , . . ^ 111-1 ''"'* Inngu- language, any violent cursnig or swearnig, or shall niuecent-'M'e, or ly expose his person or any part thereot, ni any public street, .icccnt thoroughfare, alley, road or bye road. exposures. Seventh. — Any person, who shall by insulting or abusive ^^f^J^^j^s^ language, or behaviour, taunting epithets, or threatening of the peace gestures, attempt to provoke another person to commit a ^ '"^" '' jreach of the Peace in any public street, thoroughfare, alley, ^oad or bye road, or whereby a breach of the Peace may be :casioned. Eighth. — Any person, who shall be found drunk or lti<5n-ne's's?sw"ear- »g to be drunk, or making any loud bawling, yelling? JUJ;*^"'' 36 I' screaming, singing or shouting in any public street, thorough- fare, alley, road or bye road, fiomei or Niutli. — Evcry person who shall turn loose any horse or urL'r i)og- cattle, or sutler to be at large any unmuzzled or ferocious *»'"'"*•'"' dog, or set on or urge any dog or other animal to attack, or worry or put in fear any person, horse or other animal. FiiiioutDri- Tenth. — Every person who shall ride or drive furiously, *'"*' or so as to endanger the life or limb of any person, or to the common danger of the passengers in any thoroughfare, alley, street or bye road. Eleventh. — Evcry person who shall ride or lead any horse or other animal, or draAV or drive any cart or carriage, sled, truck, or barrow, upon any foot-way or curb stone, other than for the purpose of crossing the same, or fasten any horse, or other animal, so that it can stand across or upon any foot-way. Twelfth. — Every person who, without the consent of the Trefpatiing on Hide Walks. Pnitlne Bills without con Wanton rinmiiR of Bells, 4[,c. sbnt..infac. owuer orocciiDier, shall attix any posting bill, or other paper, JngLiiild- ■ , 1 ' T 11 r 1 I II • lugs, &c. agauist or ujiiti any bunding, wall, fence, or pale, or shall m- scribe or df-bneate anything therein with chalk or paint, or in any other way whatsoever, or wilfully break, destroy or damage any part of any such building, wall, fence or pale, or any fixture or appendage thereto, or any tree, slirub or seat, in any public walk or garden, or shall write or draw any indecent or obscene word, figure, or representation, on any such building, wall, fence, pale or any fixture or ap- .^ p-^rdr^e thereunto. Thirteenth. — Every person who shall wilfplly and wan- tonly disturb my inhabitant by pulling or ringing any door bell or knockini- at any door, without lawful excuse, or who shall wilfully or unlawfully extinguish the light of any lamp. Fourteenth. — Every person, who, in any public thorougli- offensi'v'c fare, shall throw, or lay, any dirt, litter, or ashes, or any( carrion, fish, offal, or rubbish, or throw, or cause any such j thing to fall into any sewer, pipe, or drain, or into any well, stream, or water course, pond, or reservoir, for water, or cause any offensive matter to run from any manufactory,! brewery, slaughter house, butcher's shop, or dung hill, intoj any thoroughfare, or any uncovered place, whether or not Exceptions, surrouuded by a wall, or fence; (but it shall not be deemed, an offence, to lay sand, ashes, or other materials, in anyj thoroughfare, in time of frost, to prevent accidents, or litter, or other materials, to prevent the freezing of water in pipes, or in case of sickness, to prevent noise, if the party laying] any such things, .shall cause them to be removed, as soon asj the occasion for them shall cease.) And it shall be lawful, for any Policeman, belonging to| the said force, to take into custody, without warrant, anyf Laying ashes, oft'iil, Ol matter in thorough fares. To arrest without warrant, person, who shall edinmit witljiri view of s*u 'i PoUcen in. 74. That in all l..v-s, wh< it! a gn of firo arms of any nature, or kind, siicd, or barn, into any public strt \y of the aforesaid ofl. ncof.»v ••'h ' omtfiJif , pNol. M liny ii; ocles »•"••'■•"»•"<' irecj tr a any Ikkinc, iii>»r(nNiif«n , ihoroi hl'uro, all(iy,,','irVoMr'• and if necessary, to enter into such dwelling house, barn, or shed, and search for the otfender, or offenders, and when discovered, to take him, or them into custody; and take him or them before the Mayor, to answer for such oii'encc ; and, in case of conviction, the person or persons, who fired the said gun, pistol, or other fire arm, shall be liable to u pen- ''•"•••>'• ally of not less than five pounds. 75. That it shall be lawful for, and it shall be tlie duty ofPoiienm^ri the said Police Force, or any Constable thereof, to enter intolllMiV"}!*/ any house or premises, in which they or he, may hear uny ",'g"5,J!''"'' fighting or quaielling going on, and to endeavour to allay, •"••'''^'f'* or repress the same, and failing so to do, to ap|)rehend, and take into custody the party, or parties, so fighting or quar- relling, and to carry him, her or them, before the Mayor, to be dealt with according to Law. 76. Nothing herein contained shall be construed, to pre- [;,'JJ'**};"f', vent any person, from being indicted for any indictable Aei, offence, made punishable on summary conviction, by tliis Act, or to prevent any person from being liable under any other Act or Acts, to any other or higher penalty, or punis- Iment than is provided for such offence or offences, by this jAct, so nevertheless that no person be punished twice for [the same offence. 77. That in every case, on the adjudication of a pecuniary rommii- )enalty under this Act, and non-payment thereof, it shall umVJ* »* ' )e lavvful for tne Mayor, to commit the offender to the com- J,'",7„"|'j*,Jj*^„. lion gaol, or house of correction, of the City and County of «'y •« «»•« >anit John, or to the penitentiary, for a term not more thanmwnofftnM. [wo calendar months, where the sum to be paid shall not sxceed four pounds; the imprisonment to cease on payment >f the sum due, and so on pro rata, of one month's imprison- ment, for every Forty shillings fine, in the said common ^aol, penitentiary, or house of correction, at the discretion |f the Mayor. 78. That with the exception of Sundays, Christmas day, w//"''* "(i rood Friday, and other public holidays, the Mayor's omceNopan, ^lall be duly open for the transaction of Police business, and >r hearing, and disposing of complaints, and offences — and 2S a Book shall bo kept in tlio said Mayor's oflicc, to be called Mayor'i ca-^'^^ "Mayof's Calender," in which shall be entered a daily iwiijar Itepoit ot" all coniplainls, convictions, penalties, imposts, and other mutters, which may have been heard, ami detcrnnned beibre, and by him, or made and imposed by hini, and in which shall also be regularly entered an account in details of all monies, whether arising trom fines, penalties, convictions, costs, or loos, ri:coivod or expended, by the said Mayor, in connection with, or on account of the Police establishment of the said City, — which said JJook shall be opon at all times to the inspection of the said City Council, or the members thereof, or of the Lieutenant Governor or any such person as he may ap))oint to examine the same, and shall also be produced by the said Mayor for inspection, for all purposes connected with the administration of crimitial Justice in the City and County of Saint John, on being duly, and legally notified to that effect. Mayor's "jf), Tiiut cvcry Warrant, to compel the appearance of any Worrunt to ,> , 1 • r i i apprehemi, pcrsoM, or U)Y thc approheusion of any person, charged penra'llre.ox- with any offeiice, issued by the said Mayor, in respect of nny"('Irun'"^'^"y uiattcr arising within the City, may be served, or without in- executed out of the said City, in any County or place, within the Province of New Brunswick, by the Constable or Constables, to whom the same shall be directed, and shall have the same force and effect, as if the same had been originally issued, or subsequently endorsed by a Justice, or Justices of the Peace, having jurisdiction in the place where the same shall be served, or executed. Information 80. That upou auy information or complaint, to be laid or plaints", "not made before the said Mayor, of any matter Avhich he is i"ini'e!'mny authorized to hcar, and determine summarily, the Mayor efi wmr"hi'"^^y summon the party charged, and if such party shall not immons, the said the summons, may proceed in all cases which are not of a criminal nature, if j no sutlicient cause shall be shown for the non-appearance! of thc party, to hear and determine the case in the absence! of the party ; and in all criminal cases shall issue his warrant for apprehending, and bringing such party before him, or some other Magistrate, in order that the said information or^ complaint may be heard, and determined. Summons, 81. That cvcry such summons shall be served, by deliver- j ow8«rved. jj^g ^ copy thereof, to the party summoned. Warrant for 82, That tlic Mayor may, without issuing any summonsJ arrest may /• ,i • t • . • /• .i V • /. i issue with- lorthwith issue his warrant, for the apprehension of anyj ouI.st«[r'"P<^''son charged with any offence cognizable before him, mons. whenever good grounds for so doing, shall be stated on oathj before him. tin; ubsonce appear according to the tenor of the su of the imriy i. V i^ r ^i • r ^t on proof of Mayor, upon prooi ot the service ot the servin:; of Summons d9 83. That the said Mayor, may subpoRna any witness tosubpaoifor give evulcnce beforo lum, upon tlio nmlter of„rwune.i« any oHVmico oo^uizablo bcl'wre the said Mayor, with wliich ll)',^,'),",}-""'. any person shall bo charged before him, at a time and«<' place appointed for hearing the information or complaint, and by warrant under his hand and seal, may require any person to be brought before him who shall neglect or refuse to appear, to give evidence at the time and place appointed in such subpcEua, proof upon oulh being first given of personal service of the subiKMia u[)on such person; and such Mayor may cor.imit any person, comijig or brought before him, who shall refuse to give evidence, to the connnou gaol of tlie City and County of S,\int John, there to remain without bail or mamprizo, for any time not exceeding four- teen days, or until such person shall sooner submit himself to be examined, and in case of such submission, the order of the said Mayor shall be a sufhcient warrant for the discharge of such person. 81. That every person, who, upon any examination upon '''''""ir 1 ri. • 1 i' 1 • 1 » » • ■ dence before oath, or aiiirmation, before the said Mayor iii any cxamina- Mnyor tioi), investigation, trial or proceeding pendiiig, before himj'ur'y""**'"' shall wilfully and corruptly, give false evidtnce, or shall wilfully or corruptly swear or allirm, anything whicl^ shall be false, shall be liable to the penalties, of wilful and corrupt perjury. 85. That it shall be lawful for any such Mayor, whocoitnof shall hear and determine any charge or complaint, whether compiVinu or not a warrant or summons, shall have been issued in J^'^Jf,,^^" consequence of such charge or complaint, to award sucli wt'Che'ror costs according to the Table of Fees to be established by the mnnmiay Lieutenant Governor or Administrator of the Government ''."iuoJ***" of this Province for the time being, in Council, for the pur- poses of this Act, as to him shall seem meet, to be paid to, or by either of the parties, to the said charge or complaint. 86. 'And whereas, informations are often laid for the Amende in l*mere sake of gain, or by parties not truly aggrieved, andg?oumneM I* the offences charged in such informations are not further ^|;"J8*»^^Y ['prosecuted, or it appears, upon prosecution that there was I' no sufficient ground for making such charge;' Be it \Enacted, that in every case, in which any information or complaint of any offence shall be laid or made before the said Mayor, and shall not be further prosecuti^d, or in which if further prosecuted, it shall app^rir to the Mayor, or to the *Tagislrate by whom the case lall be heard, that there ras no sufficient ground for m, dug the charge, the said layor shall have power to award such amends, not nore than the sum of Five Pounds, to be paid by the infor- ler to the party informed or complained against, for his loss 30 iff t 1; if 7 If ^:l' of time and expenses, as to the said Mayor shall seem meet. AcTt'obe*' S7. That all fees, fines, and penalties, collected and re- Treasu"rer ^^^^^^ ^V ^^6 Said Mayor, shall be paid to the Treasurer of the said City, as and for the general Revenue of the said City. Appeal may 88. That in every case of summary order or conviction fine above*" before the said Mayor, in which the sum or penalty ad- ■*'• judged to be paid, shall be Two Pounds and upwards, or in which the penalty adjudged shall be imprisonment, any per- son who shall think himself aggrieved by such order or con- viction may appeal to the Supreme Court, in banc, or any Judge thereof; provided that such person at the time of the order or conviction, or within forty eight hours thereafter, shall enter into a Bond to t?ie Mayor, as Mayor of the said City, in the sum of Ten Pounds, with two sufficient sureties, conditioned to try such appeoland to abide the further judg- ment of the said Supreme Court, or a judge thereof, and to pay such costs as shall be by such last mentioned Court or Judge awarded; and it shall be the duty of the Mayor, upon being served with an order of the said Supreme Court or of n, Judge thereof; to transmit to such Court, or to such Judge, the original depositions taken by him on the said trial and conviction, in the same state in which they were taken at the time, and without alteration or addition, and the judgment of the said Supreme Court, or of such Judge thereof, shall be final and conclusive between and upon the parties, both as regards the conviction, and also as to all costs arising of, incurred in consequence of, or by reason of such appeal. Parent* of 89. "And whcrcas, many offences against this Act may Maltlerr&c./ be Committed by children of tender years, whom it would in the case ( jje impolitic to scud or commit, to a penitentiary or house of iiiiprBnti- ' ' L J cei &c.. to * of correction, and who might become useful members of pay'fiVsim-' society, if properly brought up, and preserved from the PJJ,',"j'|,"JJ]^')5 'contamination of vicious associates." Be it there/ore En- tot offences! acted, that in all cases where offences may be committed against this Act, by infants under the age of fourteen years, the fines imposed, by reason of such offences, on the convic- tion of the offenders, shall be recoverable from the parents or parent, of such child or children ; and in case the child or children, committing any such offence, shall be an ap- prentice, servant or orphan, or residing with any other per- son or persons, than the parent^or parents thereof, then, in every such case, the master, employer, guardian, or usual protector or harbourer, of such child or children, shall be liable and subject to the payment, of all such fines as may be imposed by reason of the offence or offences of such child or children. Provided always, that before issuing any war- 31 ill seem and re- reasurer the said )nviction lalty ad- rds, or in any per- ;r or con- c, or any me of the hereafter, f the said it sureties, ther judg- ;of, and to :l Court or iyor,upon >urt or of uch Judge, d trial and aken at the 5 judgment reof, shall irties, both arising of, appeal. is Act may ni it would y or house members of i from the re/ore En- committed teen years, iheconvic- .he parents |e the child be an ap- other per- lof, then, in In, or usual ]n, shall be Ines as may If such child Ig any war- rant or other proceeding against any such parent, master, employer, guardian or other adult person, such parent or other person, as aforesaid shall be first duly summoned be- fore the said Mayor, and shall have the same rights and privileges of defending the case, as if such parent or other person had personally committed the oifence or offences, charged against such child or children. Provided also that the exemption of such child or children, from the pains and penalties of this Act, shall be at the discretion of the said Mayor. 90. That immediately upon the annual appointment of A«gesHor« lo Assessors, as hereinbefore provided, and after they have been Sppo'rnV-''"'' sworn into office, the said Assessors shall give public notice ^"^^^ 'j^J;, of their appointment in one or more of the public newspapers mentsor printed in the City, or by printed handbills in the several asseB* and ' Wards, and any inhabitant or person, owning property in '''^ "' "°"' the said City of Carleton may at any time within forty days after the date of such notice, give in to the sa^id Assessors or any one of them a statement of his property and income, in the manner prescribed by the Act relating to the govern- ment of Counties, Towns and Parishes ; and the Assessor, if such statement be attested before a Justice of the Peace, or the Mayor, who are, severally, hereby authorized to ad- minister such oath, shall estimate or assess the property and income of such person, at the amount mentioned in such statement and no more ; and the Assessors at the expiration of forty days, as aforesaid, shall proceed to assess and ap- praise the real and personal estate of the several inhabitants of the City, and of non-residents having property therein, and the income of the said inhabitants, derived from any trade, employment, profession, or calling, within the Pro- vince, ( but not from real or personal property) and shall file with the Clerk, a roll or list of such assessment, as herein- before provided. 91. That whenever the said Council may order any sum of money to be raised by rates or assessment upon the City,inemrto be as aforesaid, they may appoint one or more of the Assessors ^pp"^^'"^^,^ then in office, to make the apportiontment of such rates ac- I cording to the list so filed by the Assessors, with the Clerk. 92. That the said Council, by any Bye Law, made for that Time and [purpose, shall have power to regulate the time and tnannerlJJ,*,"^^";" *»'' [of collecting the rates upon any assessment, within the said r»tfts ac. [City, and to allow a reasonable discount for the prompt pay- mp'thi"of jment of such rates before the list or book, shall be placed jn'^""'"''"^- the hands of the Collector, and establish a summary method for recovering the rates due from defaulters, residing within the said City by writ, in the nature of a levari facias, in the wanner used for recovering fines from jurors, for non-attend- m Commit- ment to Jail for want of good* to dis- train. Notice to be piven tonon- reiident's afrent, or piihlicationi made. Distreis warrant on d«raiilt of payment after notice of publica- tion. 32 ance ; provided that no such process shall issue for the ro- covery of rates due by any one rated and residing with a the City, until, at least, ten days after a printed or written notice shall have been delivered to such person, or left at his dwelling house, or last known place of abode, either with his wife or some adult member of his family, if any such can be foimd, which notice shall contain a statement show- ing the several amounts assessed or rated against such per- son, and the time at which the same is to be paid, nor until the default shall be made to appear, by the affidavit of the Collector, or other satisfactory testimony. ^, That if any person, residing within the said City, and rated therein, shall not have any property whereon to distrain for the rates due, and not paid by him, it shall be lawful for the Mayor by warrant, under his hand and seal to cause such person to be committed to the common gaol, of the City and County of Saint John, or lock-up house, until the said rates be satisfied. Provided however that no person who may be so committed, for default in the payment of rates, shall be detained more than one day, for every two shillings of the amount assessed, and of the costs directed to be levied, nor more than fifty days in the whole, if the amount exceed Five Pounds ; and every person so committed, shall be entitled to his discharge at the expira- tion of such time ; but the execution of process shall remain in full force and effect, as against the property of such per- son, for the space of two years from the date thereof; and provided always that no person under arrest for non-pay- ment of rates as aforesaid, shall be deemed entitled to the benefit of the Jail limits. 94. That when anyperson,assessedasa non-resident, shall! have a known agent in the said City, the notice, herein- before provided to be delivered to residents, shall be deliv- ered to such agent, in respect of the rates assessed against his principal ; and if such non-resident shall not have any! known agent in the City, the City Clerk shall cause a listj to be published in some one or more of the newspapers! published in the Province, containing the names of all siichj non-residents, who have no known agents, and the amount' due from them respectively, and such publication shall be, continued for three months, excepting the names of those! who may sooner pay the amounts due from each of themj with their respective proportions of the expenses. 95. That the Collector, at the end of such three morithsj publication, or delivery of the notice to an agent, as aforej said, shall make application to the Mayor, under oath, set! ting forth the assessment and default ; and the said Mayor i.| hereby authorized, by warrant, under his hand and seal, tcl 33 r the r*^- y with il ? written or left at ther with any such »nt show- such per- , nor until ,vit of the L City, and hereon to n, it shall i hand and e common or lock-up ;d however fault in the )ne day, fox of the costs 1 the whole, y person so the expira- Ishall remain of such per- hereof; and or non-pay- titled to the direct the Sheriff, or a Coroner of the County of Saint John, to sell at public auction, to the highest bidder, first, giving thirty days notice of such sale, in some newspaper, so much of the real estate of the person named in snch warrant, as in his judgment, may be sufficient to pay such assessment, with all the costs and charges attending the recovery there- of, retaining the overplus, (if any) for the use of the owner; and the said Sheriff or Coroner is hereby authorized and directed to make such sale, and to execute a deed to the purchaser of such property, his heirs and assigns, and to deliver seizen and possessi(ui thereof, to the purchaser. 9{i. That any person, believing himself over assessed, or r«T«nn« otherwise aggrieved, by any assessment, made in the saidn«*/Med City, or the agent of any one non-resident, assessed. as'"*y"!P'*^' aforesaid, may appeal to the Council, at.any time, within twenty days after notice, as hereinbefore provided, shall have been delivered to him; or left at his last knov/n place of residen r;, and the Council shall liave power to give such relief as they shall deem just and equitable, by adding the name of such person to the Assessment List, or in case of over" assessment,'by either ordering a deduction to be made from the amount of rates then assessed against him, or by an order that the Assessor, in the next succeeding year, shall make the said deduction from the amount which otherwise would be assessed against the appellant in each succeeding year; and in the latter case, the amount so to be deducted shall be entered in the Assessment Roll, as a deduction for over charge in the previous year. 97. That any rate or assessment with which any lands, ^^fi'^s"" 1 1' •!■ > .T^.' 'property to tenements, or hereditaments withm the said Cay, may be paid by be legally rated or assessed, may be exacted or recovered, "^nni.*" either from the owner of the property so rated or assessed, or from any person occupying the same, or any part thereof, [as a tenant, or otherwise ; and when any such rate or as- » Isessment shall be paid by any tenant, not liable to make Isuch payment by the terms of the Lease, or other Agree- Iment, under which he holds or occupies such property, such [tenant may deduct or set off the sum, so paid by him, from the rent payable by him in respect of the enjoy- lent or occupation of the property so rated and assessed ; >r may recover the same, with costs, from the said owner, )y action in any competent court. 98. That no assessment be deemed illegal, although the excms in jium total of such assessment may exceed the amount or- wh^n'noT' lered to be raised, if such excess do not amount to more'^s"'- [han ten per cent, in the whole. 99. That in any action or other proceeding at law, or in ^quity, or otherwise, in which the said City shall be a party It' ; 'I- J m #, i Noritixen or officer to lie nil iii- <'Oiii|>et«nt witiiffis in City actions. How corpo- riii the following cases : Firstly, if any one or more responsi- 37 bic person or persons, resident within the said City of Carle ton, be willing to become bail, and shall subscribe a memo randum to that effect, to be endorsed on the attachment or subjoined thereto, and shall, unless allowed by the Plaintiff, justify before the Clerk or an Alderman, which affidavit shall state the place of residence, and the occupation of the person so offering himself as bail, that he is really and bona fide worth double the sum for which the Defendant may liave been held to bail, over and above what would pay all his just debts, and in addition to the necessary wearing apparel and bedding of himself and family, fuel and tools of trade. Secondly, If the Defendant shall make a deposit with the Clerk, to the amount of the debt sworn to, together with Ten Shillings, for costs, as security for the Defendant's satis- fying the Plaintiff, for the amount which he may recover in the suit: and upon such bail being put in and justified, or allowed, as aforesaid, or such deposit being made, the Clerk shall grant an order for the release of the Defendant, directed to the Jailor, who shall, upon the delivery of such order to him, discharge the Defendant from custody. 110. That the bail for any Defendant, shall be answerable for the Defendant's paying the amount of debt and costs, which the Plaintiff may recover against him, or that his body be rendered into custody, upon execution, if such execution betaken out and delivered to a Marshal or Constable, for the purpose of being executed within forty days after judg- ment, or within forty-eight hours after service of a written notice by the bail to the Plantiff or his agent, requiring such ^execution to issue, and if such execution be not taken out, and deliv red to a Marshal or Constable, within the said forty days, after judgment, or within forty-eight hours after such notice, as aforesaid, in either of such cases the bail Ishall be discharged from all further liability. Provided also, [that the bail may require the Plaintiff to take out execution jforthwith after judgment, and may take and detain the [Defendant, until such execution is prepared and delivered to a Marshal or Ccrnstable, and, thereupon, commit him to the custody of such Marshal or Constable upon such execu- tion ; and if the Plaintiff shall upon such requisition refuse ^0 take out execution, the bail shall be discharged, and any )efendant, before judgment, or any debtor, havuig the bene- it of the Jail limits, in any cause, in the said court, may ren- ler himself or be rendered by his bail in discharge of his )ail ; by an order for that purpose to be obtained from the lerk, upon oath or affidavit of the circumstances, which ^rder shall be lodged with the Jailor, at the time of deliver- lig the principal into custody, and the bail, thereupon, shall >e discharged from all further liability. tudgment or lali or depo- ■It. Bull to be for payment of dfibt and coaU nr rmn^ der of body on Bxecii- lioH aner judjfiucnl Unil may re- quire eteen- lioH in be le- aned fuith* with. 38 Return ofaN tacbniont to • tiitullie niaiiriKr of ej(«cutiuii. Alias or pliiries •iim- iiiotiR iir ut- lachinent iipiy ba i«tu- ed. PlanlifTor dtffeiidant in:iy npiienr in (lerKoii or by Atioriicy. Platrment* of particu- larn 10 liK de- livered lit the orticR of tliK Clerk and ntt'icli- ed In sum- muns a«t off to be filed. Exhibition particulars tn opposite party. rnrliesto be confined to particulars at trial. Case miy he adjourned nil afHd.ivit when ser- vice of sum- moiia not personal. Subpoena for witness- es to extend to City, and to Cniiiiiy adjoining. 111. That every Marshal or Constahlc serving an at- tachment, shall nMiirn, tht*rcupon, in writing, the manner in which he execjited the same. 112. That if any summons or attachment be returned, not served, it may, from time to time, be renewed by the Clerk, who shall, upon the application of the plaintiff, issue an alias, or pliiries, summons, or attachment provided, that no more than one pluries writ shall be issued or allowed for, in the taxation of costs. 113. That any plaintiff or defendant in the suit before the said Court may appear, and conduct his suit, either in person, or by attorney or agent, whose authority may be either written or oral ; but on the trial, such attorney shall not be a competent witness for the party for whom he appears. 114. That every person applying for a summons or at- tachment, shall, at or before the issuing of the same, de- liver, at the office of the Clerk, as many copies of a state- ment of the particulars of his demand, or cause of action as there are defendants, with an additional copy to file; and and the Clerk shall annex one copy thereof, to each copy of the process; and every defendant, having a set-ofT, shall file with the Clerk, or deliver to the Plaintifi', a particular of of such sct-ofF, at least, one day before the day appointed for hearing the cause. 115. That the Clerk, shall, at all reasonable times, ex- hibit such particulars to the opposite party, and if required, deliver a copy of the same. 116. That the parties, on the trial of the cause, be con- fined to their respective particulai's, and shall not be al- lowed to go into evidence of any matter or demand not contained therein. 117. That where the Summons has been served by leaving the same at the dwelling house, and it shall be made to appear, at the Court, on oath or affidavit,, that such Defendant was absent fi'om his dwelling house, and has not since returned thereto, or had notice of such Summons, the Court may, at their discretion adjourn the hearing of| the cause. 118. That a subpoena, issued by the Clerk for the atten- dance of witnesses to give evidence on any trial, pending in the said Court, shall be valid to compel the attendance of a witness, living in the said City, or in the City and County of Saint John, or in an adjoining County, and that th<3 service of the Subpoena shall be effected in the mode, and the person subpoenaed shall be subject to the liabilitvl prescribed and provided in those respects, in and by the! Act to Regulate Proceedings before Justices of the Peace, j in Civil Suits. 39 ng an at- rnanner in 11 mod, not the Clerk, ', issue an ed,that no lloNved for, suit before t, either in •ity may be ey sliall not lie appears, mons or at- e same, de- i of a state- of action as to file ; and ;ach copy of •off, shall file particular of \y appointed e times, ex- if required, luse, be con- II not be al- demand not 1 served by it shall be it. that such |use, and has | rh Suniuions, [e hearuig of I tor the atten- trial, pending ie attendance the City and ity, and that ill the mode, the liabilitv In and by the )i the Peace,! 119, That every cause shall be heard and determined c«"" t" »»• before the said Court, at the return of the Process, if the '/prurn! if " Defendant shall have been duly served, at least, two clear •';^)i|.''"„„y. days before the return day, otherwise the cause shall he "'^"'^i Ji^^'j'" heard and determined at the Court day, next after the re- turn of the Process, if duly served, unless the same shall be„px"**" adjourned, on account of the absence of some material wit-^""'*^'*'' ness, or other good cause, shown on affidavit, to said Court. Provided always, that in cases where the Defendant shall be arrested, under any attachment, and be in actual custody thereunder, the heLringand the determination of such cause shall, if the Defendant desires it, be had in all cases, at the return of such Process, unless postponed by the Order of the Court on account of absence, as aforesaid, or on other good cause, shewn on affidavit to said Court. 120. That upon hearing of any cause, the Court, (unless court lo try a Jury shall have been duly demanded) shall proceed to {l^'^^j^^^J'^f/ hear the p. oofs and allegations of the parties, on oath, anded. to delermina as the very right of the case may appear. 1-21. That if the Defendant do not appear to make de- court to as- fence, and it shall appear that the Process has been duly f,^" rt"*" a in II K- served, two clear days, before the return thereof, the Court «".«'■,•'«'■«" I 11 1 111 1 1 ant ilo not shall proceed to assess the debt or damages, as to them appear. shall appear just, and may make such assessment upon any bond, bill, or note, or other written security, for the pay- ment of any sum certain, without further evidence; and such security shall be marked by the Mayor, Alderman, or Clerk, and remani, on file, at the Clerk's Office ; the Court may also assess the debt or damages, on the viva voce ex- amination, or the affidavit of the Plaintifff, or any other person, which affidavit, may be made before the Mayor, any Alderman, or the Clerk, or any Justice of the Peace, or any person authorized to take affidavits to be read in the Supreme Court. 122. That, on the application, either of the Plaintiff or xhrpcJur- I Defendant, before, or at the timeof calling on any cause, for",'tnmi- crrtion of the Court ih'xn Act. Provided always, that if in the discretion of tlio said Mayor, or presiding Aldermen, and of Comnnon Clerk three (it persons shall not be in attendance to make such jury, the said Mayor or presiding Alderman and Common vvun mny Clerk may postpone the trial of such cause to the next sitting ^ji^'ijj'^-j of such court, and if need be, and theyshall think it expedient, of Jurymen may authorize the Clerk to issue a venire to any Marshal or nnh« Aw. Cjjpsiable, disinterested between the parties, and not being the Marshal or Constable who shall have served the first pro- cess in such cause, commanding him to summon three dis- interested persons, duly qualified to sit as jurors in Courts of Record, and who shall be in nowise akin to either party, to make a jury on the trial of such action, who being duly sworn, shall try the cause as aforesaid. 123. That upon any jtidgment being rendered by the said court, the successful parly may have execution against the body or the goods of the adverse party, at his election, and on application therefor, the Clerk shall issue execution, but no execution shall be issued by the Clerk after the expiration of one year, from the time of rendering judgment. 124. That the execution shall be dated on the day when -it is actually issued, and shall be returnable at the second succeeding court day, unless a lonjrer time shall be requested by the party in whose behalf the same is made, when the return day may be extended to any tiiiic, not exceeding four weeks from the date, and every such execution may be according to the form in the appendix ; and if any execution be returned unsatisfied in whole or in part, a further execu- tion for the amount remaining due, thereupon may be issued. 185. That the Marshal or Constable, to whom an exccii* "^Mfl'rt'* "'^'^" against the goods shall be delivered, shall proceed, forth- foMhwiihnn with, to Icvy the same, and unless the debt or damages and I delivery r' - --- .... _. _ ... .i ezeeullon iigaiiMt goods. Kzrentinn iiffxltiiit the body or anf'Af niiy he is'iird ROer Judg- ment. I>iite and re turn of exe cutlon. Marfhnll or eut^on*'^ costs be paid, he shall take sufficient goods and chatties ofl the party against whom the same is issued to satisfy thc[ same, and shall proceed thereon in all respects, as is pro- vided for like cases, in and by the said Act of Assembly, fori regulating the proceedings before Justices of the Peace, in j civil suits. 126. That the Marshal or Constable, to whom any exc- 'mmtniiie locution ogaiust the body shall be delivered, to be execute(],| ihd" commit shall, in the cases authorized by Law, take the body of the! J,"/,""i"„'' person against whom the execution is directed, and conveyl bSd'v"" "" '""^ ^° **^® Common Jail of the City and County of Saint JohiiJ the Keeper whereof shall keep such person in safe custodyj until the debt or damages and costs shall be paid, or he isl thence discharged by due course of Law ; and the Marshal or Constable, so conveying any such person, shall deliven M.irohnll or I ta body. . ^. ..i.^^'Lil' .'.V.'i 41 tion of tlio mon Clerk mnkc such I Common next silting expedient, Marshal or d not being he first pro- II three dis- in Courts of ler party, to being duly 1 by the said I against the election, and icecution, but he expiration ent. ihe day when at the second I be requested ide, when the ^ot exceeding •ution may be ny execution urther execn- lon may be lom an cxccu- iroceed, forth- damages and nd chatties of to satisfy thc| cts, as is pro- Assembly, for the Peace, iuj to tho Keeper of such Jail, the execution by virtue of which the commitment is made; provided that no person so com- mitted shall bo liable to bo detained more than one day, for evory Two Sliillings of tho debt or damages, and costs re- qnired by such execution to he levied, or more than fifty days in the whole, if the amount exceed Five Pounds, and every person so committed, shall be entitled to his discharge at tho expiration of such time. Provided also, that notwith- standing such discharge of the defendant, the judgment upon which such execution issued, shall remain good against the property of the Defendant, and a new execution juay be issued against his property in like manner, as if he had '.lot been imprisoned. \21. That the jurisdiction and authority of said City Court, Juriidiciity shall extend to actions against bail, on any bail-bond or*'^ limit-bond where the sum sought to be recovered, does not exceed Twenty Pounds, notwithstanding the penalty of tho bond, may exceed that sum. 128. That in the said court, debts due from tho Plaintiff w^^t «ff. h« to the Defendant, before action brought, may bo set ofldifr«f*ii" against the Plaintiff's demand, but if a set off be founded on*"*** any instrument having a penally, then only the real debt secured by the condition shall be set off, if the set off estab- lished be equal to the Plaintiff's debt, the Defendant shall have judgment with costs, or if more, and not exceeding Twenty Pounds, then the defendant r^hall have judgment for the excess with costs ; if less than the Plaintiff's debt, then the latter shall have judgment for what is due to him with costs; if the Defendant's demand exceed in the whole the sum of Twenty Pounds, he shall not be entitled to set off any more than the amount of the Plaintiff's demand, but shall have his remedy for the residue in a higher Court un- less he abandon so mucli as shall reduce the excess to Twenty IPounds. If the Plaintiff's demand exceed Five Pounds judg- ment shall be rendered against him with costs, unless ho reduces it to that amount, and abandons the overplus. In jsuits brought by Executors or Administrators, the Defendant jmay set off demands due him from the Testator or Intestate, md in like manner, in suits by Trust-jes of Absconding Debt- )rs, the Defendant may set off against them debts due from ^he debtor at the time of his absco.iding. Whenever u set ')ff is established in a suit brought by Executors, Administra- tors, or Trustees, the judgment shall be against them as such, md evidence of the debt, but execution shall not issue ^hereon. 129. If, on the trial, the title to land, shall come in ques-Tituofinni [ion, the Mayor or presiding Alderman, and the Common 5S5,l? 'lerk shall render judgment for the Defendant for his costs. **■"*** **' 42 % i. '1^ .Indgmeiit and oxtlcu Uuu. Rsnewnl of firoceaJ- ogi. l^rMMdinf ISO. In the caso of co-partners in trade, doing business 8?M*Vnd under a firm, the names of nil members of whicli may not jaMdabi. Y)e set forth, and in the case of joint debtors, it shall be siirtici- ent in process against co-partners, to insert the name and style of such firm, as used by if, and serve such process upon any member of the firm doing business in the City, and in process against joint debtors, it shall bo sullieient if the pro- cess be served upon one onl^,and judgment against the firm in tlic one case, and against llic joint debtor in the other may be rendered ; in the former tlie execution shall be levied upon partnership properly only, in the latter, the execution shall be levied on their joint property ; but neither the separate property of the one not served, nor his person shall be taken on execution, unless he make defence. 131. In all cases, tried in the said court, if either party, bo dissatisfied with the judgment, he may within six days thereafter, apply to the Clerk for a copy of the evidence, a minute of the canse of action, the grounds of defence, and the result which the Clerk shall give him within three days, the party paying him Five Shillings therefor; and if he ne- glect so to do, obedience may be enforced by ^ Judge's order and attachment. Upon these being laid before a Judge of the Supreme Court, with an affidavit of the party, that ho thinks substantial justice has not been done him, the Judge may at any time, withiti thirty days after such judgment, or after obtaining the copy and minute aforesaid, appoint a time and place for hearing the matter, and notice thereof shall be given to the opposite party; and the Judge shnll after such hearing, decide the canse according to th' cry right of the matter without regard to forms, unioss tho Mayor or presiding Alderman and Common Clerk, acted wholly without jurisdiction, and may alfirm or reverse the judgment, or alter the same in any respect, and remit the cause to the said Mayor or Alderman, ;ujd Common Clerk, that the Clerk may issue, executioti tor the amount awarded to either party, and affirmed on review, or en- force the payment of such amount with costs, by nttacli- ment. If the judgment be wholly affirmed or reversed, costs shall be awarded to the successful party, but if in part only, or altered, costs shall be awarded at the discretion of the Judge, the costs in all cases to be taxed by him, and recovered j by attachment. A copy of the Judge's niiniUe of the judg- ment upon such review, certified under his hand, shall be evidence of such judgment, and a copy of any order rnadel by him in the proceedings, certified by him, shall be evidence : of such order in all courts. A party when entitled may sue out of the Supreme Court, a writ of attachment upon the fiat of a judge, but no such fiat shall be made, unless it .*♦■ ^ "*■ ' N./-1. 43 \ What I ■oni«niill«i Appear to his satisfuction, that tho money or costs ordered by him to bo paid, huve been duly demanded by the party thereto or his attorney, and have not been paid ; the costs of the attachment to be Ten Shilhngs, and to be levied by the party against whom it is issued. The Sheriff executing the attachment, shall be entitled to fees as in the case of an execution. Upon payment to him of the amount of the at- tachment, and his fees thereon l*c shall discharge the Defend- ant, return the attachment, anu pay over the money to the party entitled thereto. 132. Persons in custody, on a Avrit of attachment, shall bo entitled to the benefit of the chapter of the Revised |»^^«n«jt or Statutes, for the relief of lusolvent Confined Debtors. dehtori* 13.'). The said Court shall be vested, with all the povirers ''**■ incident to other Courts of Record, in this Province, for the rnTin'MiT niaintainance of order and furtherance of Justice. '^°""- 134. When any act is to bo done, tho time shall bojjompuw- computed from the first day exclusively, and the last day inclusively. 13.'' The processes and proceedings in the said Court Fornn bt and on revie\Y, therefrom, shall be (except to summons and ""••^'^ attachment, gfiven in the Appendix) mutatis mutandis ac- cording to the forms in the schedule to Tit. 37, c. 137, Rev'd. Statutes, 1st vol., — "of the Jurisdiction of Justices in Civil Suits." 136. That the Fees in Actions, in the said City Court, '•••• for the Mayor or presiding Aldermen, Common Clerk, and Marshal or Constables, shall be taxed and allowed accord- ing to the following Table, and not otherwise, that is to sayj TABLE OF FEES. To THE Mayor or Presiding Alderman. — Evety Judgment, Two Shillings and Sixpence ; every Oath out of Court, One Shilling ; every Order out of Court, One Shilling and Sixpence. To THE Common Clerk. — Summons, Eightpcnce ; each copy, Fourpcuce; Attachment, Eightpence ; each copy, Fourpence ; each Oath, Sixpence ; not more than two to he taxed for witnesses on a trial ; Subpoena and Ticket, Eightpence; each Certificate, One Shilling; each Adjourn- ment, One Shilling ; Copies of Papers, per folio, of one hundred words. Sixpence ; Return to an Order of Review, Five Shillings. To the Marshal. — Executing a Summons, One Shil* iling; an Attachment, One Shilling and Sixpence; an Ex«> ecution. Two Shillings and Sixpence ; attending Court on trial or hearing. Sixpence. \ 4 -N i i't'ntiit^s tmmv mfw w wvm 'au«M auLW iwuu ani uiu Hw^^mr ^^V 1 F^'' /^ipMM «iiv -1 /■■■ .■TV* ■ m ^W lo JM iti GiVft'^iMf ofitf %i6fd«iB a i'kmf^ b€lrh« !Pm6^ fbut iib W I ^ y^ffpjMt' M "^IP^} tbittt ]i6 iisi a^tuiilfy' pi^id' the M»iie to «iOh 1,.,! nn ,f> •■:,;?'•- .flHi£-|i{$fJ • ,noiJ'iX:vj7, ■> ■n4'V»l'^rfMW^*»'«l 'f* AFPBNDIX. ( i l^' IMi(tW:99b. 'ncT . ' »SJMMPN9, (TiW SiqTipM, 106.) ^Gti)rtr o» GjttLBKm, bs.— To any Ooniitable of the Ctty of Carlcton, — Sub* aon A. B. to i^pear at ("the Mayor's office," .<*City Court Room/' or ti^re- , ffcr iH$ Omri *Mjr f>* htl4^ • in the Pity o^. CTarleton, on the d ay i'l rtf . , . .at the hpBr qf ■ ; . ijn the noon, to answer . fb6 'dipitan4 of C. jD. for(«fti/e the tandttrtt chimed, in taihdt at length,) for ](WSiJ/e f Ae rialitrtaf^theaetioni and J^ it 14il»f partieulart be at^jiexed ta the eopy tj^trnfftnoitg, dift/i "^accqtdtpg to lap jbartieulara herewith deliiv^/') and make ntura therectf as by law Hi^ectBA* Dated the day of XTb^lB X,Y., City Ckrk. - r . .; ; . . « ■ . ■ .. , js' ■ .,.,., l~5S0t c,i iXifl ATT^^(q|I||^NTJ,;|Vp>iiS«cnQH 107.) U •f^lfroi^CAfaMt^y "B*— l^o any Constaiblsrof ^e Ci|y of Carleton,'— Yoa ^v'nereby Nquire^ ^ take the liody of A..B.,and him s/ifely keep, till he ffhoU i^epfoA bdl |o «)aiiW6r the ^fe^and' of tJti. for («Me tkeumotuit etaimed in jliwt) iw-ah wAieb lif (^bt ff : in thd nooB. In of ^NuljMing gi«oa, yott are. veered to tajl^c the said Defendant to the ..,!p paol,of the ,pi^,.a]^d County of 9aint iokh, and deliver him to the i i^&eof, with a 90]^y 6f tbiii attachment, then to be dealt with accord- iil|'4ft%#. Datad day of A.D. 18 ^:.:tii.i'^}A /■■'■'* . . ■ ( - , X. y. ntm If* *f.. ^ Wo*- ■H'tli but no O 8tt<^ on, — Sua* day , to aiwwer ) an4xaake |c.y., ^ leton,^Yoa till he ffhoU tie' Mi#D^ CitjriQourt noon* In idant to the it him to tho ifith accord" 18 1X.Y. Vty Clerk.