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 Thousand Seven Hundred and Eighty Eight, His late Majesty King George the Third was pleased to grant to Thomas Cochran, Timothy Folger and Samuel Starbuck, their Heirs, Executors and Administrators, the Common of the Township of Dartmouth, situate on the eastern side of the Harbour of Halifax, in special trust, for the use of the Inhabitants settled and resident in the Town Plot, or that might thereafter settle and actually reside within the said Township of Dartmouth, as a Common, for the general benefit of such resident settlers, and not otherwise : And whereas, by an Act, passed in the twenty-ninth year of the Reign of His late Majesty King George the Third, entitled, 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 the proprietors and persons interested in the said Common Field, and the Trustees thereof, are invested with certain powers in respect to the said Common; And whereas, by an Act, passed in the thirty-seventh year of the Reign of His said late Majesty King George the Third, entitled, 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 holding the same, and to vacate that part of the grant of the Common aforesaid, which vests the trusts in the Heirs, Executors or Administrators, of the Trustees named in the said grant, on the death of such Trustees, the Governor, Lieutenant-Governor, or Commander in Chief for the time being, is authorized to appoint Trustees in lieu of the original Trustees, and to supply any vacancies among the Trustees to be so appointed ; and, by the said last mentioned Act, so much of the grant as devolves the trust on the Heirs, Executors or Administrators, of the deceased Trustees therein named; And whereas, on the thirteenth day of April, in the year of our Lord One Thousand Seven Hundred and Ninety Eight, under the said last mentioned Act, Michael Wallace, Lawrence Hartshorne and Jonathan Tremain, Esquires, were appointed Trustees of the said Common, in place of the Trustees named in said grant, with the same powers given to the said original Trustees by the said Act herein first mentioned: And whereas, the said Trustees, so last named and appointed, are all now deceased, and there has for. several years last past been no proper authority to take charge of the said Common, to prevent Tresspasses, or to effect improvement thereon ; And whereas, the said Common fronts on the Harbour of Halifax, and some of the Water Lots in front thereof have been granted to certain individuals, and it would be advantageous if a certain portion of said Common, fronting on the Harbour, were demised in Lots to persons who would be willing to pay rents for the same; And whereas, a certain Plot of the said Common has, by the consent of the Inhabitants interested therein, been enclosed as a Burial Ground for the Roman Catholic Chapel at Dartmouth, which it is desirable should be confirmed for that use; And whereas, it is requisite, for the purposes aforesaid, to appoint new Trustees for said Common :
Trustees of Common to be appointed:
I. Be it therefore enacted, by the Lieutenant-Governor, Council and Assembly, That it shall and may be lawful for the Governor, Lieutenant-Governor, or Commander in Chief for the time being, to nominate and appoint three fit and proper persons to be Trustees of the said Common, at Dartmouth; and in case of any vacancy among such Trustees, by death, resignation, removal from office, or permanent absence, from time to time, to supply such vacancy.
Title to Common to be in Trustees:
II. And be it enacted, That in the said Trustees, for the time being, the legal estate and title of and in the said Common shall be and be deemed at all times hereafter absolutely vested for the benefit of the said Inhabitants of Dartmouth.
Trustee to execute Deed to the Roman Catholic Clergyman of the part used as a Burial ground by the Roman Catholics:
III. And be it enacted, That the said Trustees shall, when appointed as aforesaid, make and execute to any persons who may be named and selected for that purpose, by the officiating Roman Catholic Clergyman, at Dartmouth, a Deed or Conveyance, in fee simple, of so much and such portion of the said Common as is now enclosed and used as a Burial Ground for the Roman Catholic Congregation, at Dartmouth, to be held by such persons, and their heirs, for the purpose of being so used and employed as a Burial Ground, as aforesaid.
Part of the Common to be laid off into Lots:
IV. And be it enacted, That the said Trustees shall, immediately after they shall be so appointed as aforesaid, proceed to lay off and divide into proper, convenient, and suitable lots and parcels, all that portion of the said Common, which is bounded in front, westerly, on the Harbour of Halifax, and in rear, eastwardly, by the road leading from Water Street, in Dartmouth, to the Wind Mill: Provided, that there shall be reserved and laid off, through the said Lots so directed to be laid out as aforesaid, a Public Road, sixty feet wide, along the line of high water mark, or as near thereto as may conveniently be.
Lots laid off to be leased:
V. And be it enacted, That after the said several lots or parcels of Land shall have been laid off as aforesaid, the said Trustees shall fix and apportion for each lot or parcel of Land some small annual rent; and, after due notice of such sale, publicly given by advertisement, shall proceed to offer such respective lot or parcel of Land for sale, at Public Auction, for the highest price to be obtained for the same, subject to the annual rent as aforesaid, for the term of nine hundred and ninety-nine years.
Trustees to execute Leases:
VI. And be it enacted, That the Trustees aforesaid, shall. make and execute Leases to the said respective purchasers, for the said term of nine hundred and ninety-nine years, on payment of the price for which the same shall be sold, subject to the rent reserved, to be by the said Lease, made payable half yearly; and such Leases shall suffice to vest in every such purchaser the lot or parcel purchased by him, subject to the rent reserved for the term aforesaid.
Proceeds to be applied to improve Common:
VII. And be it enacted, That the price to be obtained for the said lots or parcels of the said Common, to be so sold as aforesaid, as well as the rents to be annually received there-from, shall be paid and applied to the improvement of the remainder of the said Common, and of the road leading through the same, hereinbefore mentioned.
Trustees impowered to sue for rent:
VIII. And be it enacted, That the Trustees in office, from time to time, under this Act, shall have power to demand, sue for and recover, the rents reserved, and monies to be received, from and upon said Leases, and shall pay and apply the same, as hereinfore directed.
Trustees to account to inhabitants of Dartmouth:
IX. And be enacted, That the Trustees shall annually submit an account of all Monies received and paid by them to the Inhabitants resident in the Town Plot of Dartmouth, at a meeting to be called for that purpose, on the first Monday in March, in every year, at which Meeting a Committee of three of the said Inhabitants shall be appointed to audit the accounts, so submitted by the said Trustees, who shall make their report in writing at the next Annual Meeting of the said Inhabitants.
“For regulating the Dartmouth Common”, 1841 c52