An Act relating to Streets and Highways in certain Towns and Places therein mentioned.
(Passed the 30th day of March, 1847.)
Appointment of Commrs. of High-ways for certain Towns & Villages:
BE it enacted, by the Lieutenant-Governor, Council, and Assembly, That the several and respective persons who now are Commissioners for repairing, keeping in repair, and paving the Streets and Highways in the Towns and Villages following, that is to say: Annapolis Royal, Windsor, Liverpool, Lunenburg, Pictou, New Glasgow, Bridgetown, Digby, Dartmouth, Antigonish, Chester, Arichat, Port Medway, Maitland, and Guysborough, respectively, shall be, and they are hereby declared Commissioners of Highways therein, respectively, during the pleasure of the Governor, for the purposes, and in the manner prescribed by this Act; and upon the death, removal, or refusal to act of any one of the Commissioners for either of the said Places, it shall be lawful for the Governor, with the advice of the Executive Council, to appoint some Inhabitant and Freeholder of the Town or Place, where the vacancy occurs, to supply the same–and such appointment to renew, whenever necessary, to the end, that the said Commissioners, for each of the said Places, may continue to be in number, Five for the Towns of Pictou and Arichat, and Three for each of the other Towns and Villages hereinbefore mentioned.
Limits of Jurisdiction:
II. And be it enacted, That the jurisdictions, powers, and authority of the Com
missioners of the said several Towns, shall be respectively confined and restricted to the bounds and limits following, that is to say:
….
FOR DARTMOUTH:
Dartmouth:
To and within the bounds and limits following, that is to say: To the distance or space of One mile, measured in a Southwardly, Eastwardly, and Northwardly direction, from the Public Landing or Steamboat Company Wharf in the said Town.
….
“An act relating to Streets and Highways … in the Town of Dartmouth “, 1847 c46
An Act to provide for the opening of a New Line of Road from Dartmouth to the Settlements on the Eastern Shores
(Passed the 17th day of March, 1847.)
Preamble:
WHEREAS the opening of the New Line of Road lately surveyed and laid out, leading from Dartmouth to Porter’s Lake, Chezzetcook, and other Settlements on the Eastern Shores of the County of Halifax, would be of great public utility, and it is believed that for the attainment of that object certain individuals would advance the sum of One Thousand Pounds, to be repaid by instalments in manner hereinafter mentioned:
Appointment of Commissioner &c.
I. Be it enacted, by the Lieutenant-Governor, Council, and Assembly, That when and so soon as any person shall give security to the satisfaction of the Governor, and in manner and to such amount as he shall direct, that the opening of such New Line of Road will be commenced without delay, and that monies for that purpose, to the extent of One Thousand Pounds, will be forthwith provided and paid, and advanced when and as required during the progress of the work, it shall be lawful for the Governor to appoint a Commissioner or Commissioners for the purpose of superintending the expenditure of such monies, who shall proceed to lay out the same in the opening and proceeding in the completion of the said New Road, and shall return, upon Oath, to the Secretary of the Province, a full, true, and accurate account of the monies expended thereon.
Provision for repayment of monies advanced:
II. And be it enacted, That-until all monies advanced by any such person for and towards the opening and completion of the said Road, with legal Interest thereon, shall be repaid, there shall be annually appropriated from and out of the monies granted and allotted for the service of Roads and Bridges in the said County of Halifax, one-third part of the said sum of money so advanced and expended for the aforesaid service, together with legal Interest on the principal sum from time to time remaining due, to be paid to the person who shall lend and advance the same, in whose favor it shall be lawful for the Governor to draw Warrants on the Treasury for such yearly amount ; and in case the monies so allotted shall be less than the said third part, with Interest thereon, in any one year, then, in erery such year, the whole monies so allotted and granted, shall be appropriated for the purposes aforesaid.
Act not to bind the Public Funds in case of no appropriation for Roads & Bridges:
III. And be it enacted, That in case hereafter no monies shall be granted or appropriated for the service of Roads and Bridges in the County of Halifax, nothing herein contained shall be held, or deemed to be any pledge, guarantee, or lien, of or for, or upon the Public Funds or Revenue of this Province, or of, or upon the Public for the repayment of any monies which may have been advanced for the purposes aforesaid, and which may remain and be unpaid.
“To provide for the opening of a new Road from Dartmouth to Eastern Shores”, 1847 c38
An Act in relation to an Assessment for a Fire Engine at Dartmouth. (Passed the 17th day of March, 1847.)
Preamble: WHEREAS, under and by virtue of the provisions of the several Acts now in force concerning Firewards and Fires in Halifax, which have been extended to the Town of Dartmouth, the Grand Jury for the County of Halifax have presented, and the Court of General Sessions of the Peace confirmed, the sum of One Hundred and Fifty Pounds for the purpose of procuring a Fire Engine for the use of the Inhabitants of the Town of Dartmouth And whereas, the Inhabitants of the said Town residing without the limits hereinafter mentioned, will receive little or no benefit from such Fire Engine, and it is therefore proper that the assessment for the purpose aforesaid should be confined within such limits:
Limits within which Assessment is to be made: I. Be it therefore enacted, by the Lieutenant-Governor, Council, and Assembly, That the said sum of One Hundred and Fifty Pounds so presented and confirmed for the purpose aforesaid, shall be assessed, levied, collected, and raised upon, and from such only of the Inhabitants of the said Town of Dartmouth as are or may be resident within the limits following, that is to say : within the space of one mile, measured in a southwardly, easterly, and northerly direction, from the public landing or Steam Boat Company’s Wharf in the said Town, and such sum shall be assessed, levied, and collected upon, and from such Inhabitants so resident within the limits aforesaid, in the same manner and by the same ways and means in all respects as if assessments for the purpose aforesaid had been originally by law confined to such limits.
“In relation to Assessment for a Fire Engine at Dartmouth”, 1847 c29
An Act to define and establish the Lines of the Township of Dartmouth. (Passed the 20th day of March, 1846.)
Preamble: WHEREAS some uncertainty exists as regards the limits of the Township of Dartmouth, and it is desirable that the Boundaries thereof should be defined and established :
Boundaries of Township of Dartmouth: 1. Be it therefore enacted, by the Lieutenant-Governor, Council, and Assembly, That the Lines and Boundaries of the said Township of Dartmouth shall be established and settled as follows, that is to say :- Beginning on the Eastern side of Bedford Basin at the head of Pace’s Cove at low water mark, and thence to run North seventy-four degrees East until it meets the main stream running into Lake Major, thence Southerly through the centre of Lake Major and West Salmon River to the waters of Cole Harbor, thence in a direct line to the centre of the Narrows or entrance into Cole Harbor, and thence Southwestwardly along the shore the several courses of the shore to Roaring Point, thence northerly following the course of the Shore of the Main Land at low water mark to the place of beginning, so as not to include any Islands lying on or near the said Shore.
“An Act to define and establish the Lines of the Township of Dartmouth”, 1846 c49
An Act to continue the Act to extend to the Town of Dartmouth the Act to amend the Act to regulate the Assize of Bread. (Passed the Sth day of March, A. D. 1845.)
Act 6, Vict. continued: BE it enacted, by the Lieutenant-Governor, Council and Assembly, That the Act, passed in the Sixth year of the Reign of Her present Majesty Queen Victoria, entitled, An Act to extend to the Town of Dartmouth the Act to amend the Act to regulate the Assize of Bread, and every matter, clause and thing, therein contained, shall be continued, and the same are hereby continued for one year, and tnence to the end of the then next Session of the General Assembly.
“To further continue the same, (To extend the Act to regulate the Assize of Bread to the Town of Dartmouth, 1843 c48)”, 1845 c69
An Act to continue the Act to extend to the Town of Dartmouth the Act to amend the Act to regulate the Assize of Bread. (Passed the 29th day of March, 1844.)
Act 6, Vic Continued: Be it enacted, by the Lieutenant – Governor’, Council and Assembly, That the Act, passed in the Sixth year of the Reign of Her present Majesty Queen Victoria, entitled, An Act to extend to the Town of Dartmouth the Act to amend the Act to regulate the Assize of Bread, and every matter, clause and thing, therein contained. shall be continued, and the same are hereby continued for one year, and from thence to the end of the then next Session of the General Assembly.
“To continue (To extend the Act to regulate the Assize of Bread to the Town of Dartmouth, 1843 c48)”, 1844 c25
An Act to extend to the Town of Dartmouth the Act to amend the Act to regulate the Assize of Bread. Passed the 29th day of March, 1843.
Act 5th, Wm. 4th, extended to Dartmouth: BE it enacted by the Lieutenant Governor, Council and Assembly, That the Act, passed in the Fifth year of the Reign of His late Majesty King William the Fourth, entitled, An Act to amend the Act to regulate the Assize of Bread, and every matter, clause and thing, therein contained, shall be extended, and the same are hereby extended to the Town of Dartmouth, in the County of Halifax, and shall henceforth be in operation within the said Town of Dartmouth, in as iull and effectual a manner, to all intents and purposes, as if the said Town of Dartmouth bad been originally named in the said Act.
II. And be it enacted, That this Act shall continue and be in force for one year, and from thence to the end of the then next Session of the General Assembly.
“An act to extend to the Town of Dartmouth … to regulate the Assize of Bread”, 1843 c48
An Act to amend the Act for establishing a Public Burial Ground at Dartmouth.
Passed the 29th day of March, 1843.
Preamble:
WHEREAS it is expedient to alter the limits of the Public Burial Ground, established by the Act passed in the fifth year of Her present Majesty’s Reign, entitled, An Act, for establishing a Public Burial Ground at Dartmouth, and to lay off certain Roads in order that access may be had to the different parts of the said Burial Ground.
Bounds of Burial Ground:
I. Be it therefore enacted by the Lieutenant-Governor, Council and Assembly, That instead of that portion of the Cummon of Dartmouth directed to be set off for a Public Burial Ground rial place by the said Act, it shall and may be lawful for the Trustees of the Dartmouth Common now appointed, or hereafter to be appointed, to set off and allot all that portion of the Common at Dartmouth, lying to the northward of the Burial Ground occupied by the Church of England, commonly called the old Quaker Burial Ground, included within the following limits, that is to say: bounded on the south by a street sixty feet wide, called Stairs’ Street, and on the east by a street sixty feet wide, running along the western bounds of the land of Thomas Boggs, Esquire, measuring on the last mentioned Street, two hundred and sixty-four feei, and on Stairs’ Street, three hundred and forty-nine feet and six inches, on the west by a line parallel with the street, running along the bounds of the said Thomas Boggs’ land, and ineasuring two hundred and sixty four feet, and on the north by a line parallel with Stairs’ Street, and measuring three hundred and forty-nine feet six inches, thus forming a parallelogram three hundred and forty nine feet six inches, by two hundred and sixty-four feet.
Road:
II. And be it enacted, That the said Trustees of the Dartmouth Common shall, and they are hereby authorised to lay off a Road around the said Common, of the width of sixty feet, comiencing at the public Landing at Stairs’ Street, thence to the Land of Thomas Boggs, Esquire, thence along the line of the said Thomas Boggs’ Land to Land owned by Edward Foster, thence along the north bound of the Common to Starbuck and Fogler’s land, thence along the line of the said Starbuck and Fogler’s Land to the Halifax Harbour.
“To amend the last named (An act for establishing a Public Burial Ground at Dartmouth 1842 c25)”, 1843 c47
An Act for establishing a Public Burial Ground at Dartmouth. (Passed the 19th day of March, 1842.)
Preamble: WHEREAS, by and under the provisions of an Act, passed in the last Session of the General Assembly, entitled, “ An Act for regulating the Dartmouth Common,” certain persons have been appointed Trustees of said Common, and the same is now under their charge and control ; And whereas, there is no Public Burial Ground at Dartmouth, and there is a portion of said Common suitable therefor, which is of little value for other purposes, and it is desirable that the same should be laid off as a Public Burial Ground:
Scite for Burial Ground in Dartmouth, Trust: I. Be it therefore enacted by the Lieutenant-Governor, Council and Assembly, That the said Trustees of the Dartmouth Common now appointed, or hereafter to be appointed under the provisions of the aforesaid Act, shall set off and allot all that portion of the said Common at Dartmouth, lying to the North ward of the Burial Ground occupied by the Church Dartmouth of England, commonly called the Old Quaker Burial Ground, included within the following limits, that is to say: beginning at the North-west corner of the Burial Ground so occupied by the Church of England, and running thence Northerly in a continuous line with The Western side line of the said Church of England Burial Ground twenty-nine degrees West two hundred and sixty-four feet; thence North fifty-nine degrees, East three hundred and forty-four feet six inches, until it comes to the Old Road leading from Water Street, in Dartmouth, to the Wind Mill; thence by said Old Road until it comes to Land owned by Thomas Boggs, Esquire; thence by said Lands of the said Thomas Boggs two hundred and fifty-five feet and six inches to the North-east corner of the said Church of England Burial Ground; thence by said Burial Ground three hundred and forty-nine feet to the place of beginning, containing two acres and one eighth of an acre, or thereabouts, which said Lot shall be held by the said Trustees in trust as and for a Public Burial place for the use of the Inhabitants of Dartmouth, except those Denominations of Christians who have Burial Grounds attached to their respective places of Worship.
“An act for establishing a Public Burial Ground at Dartmouth”, 1842 c25
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.
