An act to enable the Inhabitants of the Town Plot of Dartmouth to use and occupy the Common Field…in such way as they may think most beneficial to them, 1789 c6

by

“The statutes at large passed in the several general assemblies held in His Majesty’s province of Nova-Scotia: from the first assembly which met at Halifax the second day of October, in the thirty-second year of His late Majesty Geo. II. A.D. 1758, to the forty-fourth year of His present Majesty Geo. III. A.D. 1804, inclusive; with a complete index and abridgement of the whole” Uniacke, Richard John. 1805. https://www.canadiana.ca/view/oocihm.9_01616/509?r=0&s=3

 

An ACT to enable the Inhabitants of the Town Plot of Dartmouth to use and occupy the Common Field, granted them by his Excellency the Lieutenant-Governor, in such way as they may think most beneficial to them.

For Acts respecting Commons see note on 34th Geo. 2d.

Preamble:
WHEREAS his Excellency the Lieutenant Governor hath granted a certain tract of land adjoining to the town plot of Dartmouth, to the inhabitants thereof for the time being, for the purpose of a common field, for feeding cattle, &c. and as the intention of said grant cannot be carried into effect, without the aid of a law for that purpose :

Proprietors to meet once a quarter, on the order of the Trustees, Empowered to chuse a Clerk to enter and record all votes and orders relative to the Common:
I. Be it therefore enacted, by the Lieutenant Governor, Council and Assembly, That it shall and may be lawful for the proprietors and persons interested in said common field, to assemble in such place in said town, as the Trustees named in said grant shall appoint, once in every quarter of a year, and one or more of said Trustees are hereby impowered to grant an order for such meeting directed to one of the Constables for the district of Dartmouth, requiring him to notify the proprietors, and others interested in said common field, of the meeting, and the time and place for the same, which notification shall be given in writing posted up in some public place within the town aforesaid, five days before the day appointed for the meeting, and such and so many of the proprietors and persons interested in said common field, who shall be assembled and meet accordingly, shall have power by a majority of votes, to chuse a Clerk to enter and record to enter and record all votes and orders that from time to time shall be made and passed in said meeting, respecting the said field and the management thereof, who shall be sworn to the faithful discharge of his office, and also to pass orders for the managing and improving said common field.

And for the better enabling the said proprietors and persons interested in said common field, to fence and improve the fame :

Trustees to sue, or defend suits for proprietors, respecting the Common. Mode of raising money for defraying expence of Law Suits, &c:
II. Be it further enacted, by the authority aforesaid, That the proprietors and persons interested in said common field, that by either of the trustees for the time being may sue, commence and prosecute any suits or actions (respecting the management of said common field) in any Court proper to try the fame, and in like manner to defend all such suits and actions that shall be commenced against them, and the said proprietors and persons interested in said common field are hereby impowered at their quarterly meetings to order the raising of any suitable sum or sums of money, that shall be by: them thought sufficient to carry on and prosecute, or de-fend any actions or suits that may be brought by or against them, or for the carrying on or managing any affairs relating to the said common field, and to appoint three of the proprietors aforesaid, to proportion such fun or sums, as shall be thought necessary to be raised for the ends and uses aforesaid, upon the proprietors and persons interested therein, and to appoint a collector or collectors to gather in, and collect the fame, which collector or collectors shall be and are hereby fully authorized and empowered to levy and collect the sum or sums set, and apportioned for such proprietors, to pay, in the same manner as the collector or collectors in the town of Halifax are impowered to collect the public taxes; and to pay in the same to the clerk of said meeting, (who is hereby impowered to grant warrants for levying and collecting such assessments) at such times as shall be by them appointed for the payment thereof; and such clerk shall be accountable to said proprietors therefor, and the person so assesing, and the collector or collectors that shall be appointed, shall be under oath for the faithful performance of their services respectively.

Fencing of Common, Rules and orders relative to the fence of the said Common, not to be repugnant to the Laws of the Province. Proprietors or Trustees not to alienate the common, or to levy taxes on such proprietors as do not use the common:
III. And be it further enacted, by the authority aforesaid, That the proprietors and persons interested in said common field at a meeting warned (as by this Act directed) and assembled, shall and may have power by a majority of votes of the persons then assembled, to make and pass such orders for fencing and improving of said common field as by them shall be thought proper and convenient, and to annex penalties on the breach and non-observance of such orders ; provided such penalties do not exceed fifteen shillings for one offence. Provided also, That such orders so made are not repugnant to the general laws of the Province ; said penalties to be recovered before any of His Majesty’s Justices of the Peace for the county of Halifax, and to be disposed of as said proprietors shall order or direct, any law, usage or custom, to the contrary notwithstanding. Provided always, That this Act, nor any thing therein contained, shall be construed to impower said proprietors, or the trustees, to alienate said common field, or any part thereof, or to assess or levy any money on any commoner, who shall not use his right of common, or on any commoner, except in proportion to the beasts he may depasture there, and the benefit he may derive from said common field.

 

“An act to enable the Inhabitants of the Town Plot of Dartmouth to use and occupy the Common Field, granted them by his excellency the Lieutenant-Governor, in such way as they may think most beneficial to them”, 1789 c6

Related posts:

  1. Dartmouth Common P. 270. Stat. 29th, Geo. 3d, Cap. 6, Sec. 1, 2, 3: “Trustees named in the grant of the Common of Dartmouth, to call meetings of the persons interested in that Common; Trustees may sue, or be sued, as it...
  2. An act to enable the Governor, Lieutenant Governor, or Commander in chief for the time being, to appoint Trustees, for the Common of the Town of Dartmouth…1797 c2 See 20th Geo. 3d. cap. 6: An ACT to enable the Governor, Lieutenant-Governor, or Commander in Chief for the time being, to appoint Trustees, for the Common of the Town of Dartmouth, on the death, or removal, of the Trustees...
  3. For regulating the Dartmouth Common, 1841 c52 An Act for regulating the Dartmouth Common.(Passed the 10th day of April, A. D. 1841.) Preamble:WHEREAS, by Letters Patent, under the Great Seal of this Province, bearing date the fourth day of September, in the year of our Lord One...
  4. Additional Act relating to the Dartmouth Common, 1848 c10 An Act additional to the Act for regulating the Dartmouth Common.(Passed the 21st day of March, 1848.) Preamble:WHEREAS, in a recent search for Mines and Minerals, a large excavation has been made on the South Western part of the Common...
  5. An Act concerning Town Property in Dartmouth, 1850 c53 An Act concerning Town Property in Dartmouth.(Passed the 28th day of March, A. D. 1850.) BE it enacted by the Lieutenant-Governor, Council and Assembly, as follows: Three trustees of Public Property to be chosen for the Township of Dartmouth –...
  6. An act to authorize the appointment of Trustees for the Public Burial Ground at Dartmouth, 1850 c61 An Act to authorise the appointment of Trustees for the Public Burial Ground at Dartmouth.(Passed the 28th day of March, 4. D. 1850.) BE it enacted, by the Lieutenant-Governor, Council and Assembly, as follows: Governor to appoint Trustees:1. It shall...
  7. To authorize an assessment on the inhabitants of the Town Plot of Dartmouth, 1866 c56 An Act to authorize an Assessment on the inhabitants of the town plot of Dartmouth.(Passed the 7th day of May, A. D. 1866.) SECTION 1. Inhabitants of Dartmouth may assess themselves for $600 to obtain plan of township.2. Commissioners of...
  8. To further amend (To amend the several Acts relating to the Dartmouth Common, 1868 c31), Trustees of the Dartmouth Common may sell lots, 1872 c40 An Act further to amend the Acts relating to the Dartmouth Common.(Passed the 18th day of April, A.D. 1872.) SECTION.1. Trustees of Dartmouth empowered to sell certain portion of the Common.2. Purchase money applied to general purposes of Common.3. Inconsistent...
  9. An act respecting Fire Engines at Dartmouth, 1851 (1st Session) c28 An Act respecting Fire Engines at Dartmouth.(Passed the 31st day of March, A. D. 1851.) BE it enacted, by the Lieutenant-Governor, Council and Assembly, as follows: Grand Jury may present £200 for a new Fire Engine for Dartmouth:I. The Grand...
  10. To extend the Act relating to Commissioners of Highways to the Town of Dartmouth, 1828 c27 An Act to extend to the Town of Dartmouth, the Act relating to Commissioners of Highways in Halifax, and certain other Places. Act 7th Geo. IV C. 3, with exceptions -extended to Dartmouth:Be it enacted, by the Lieutenant-Governor, Council and...