Legislature

To amend (To extend the Act relating to Commissioners of Highways, 1828 c27) 1840 c21

by
1840-21
To amend the last named, (To extend the Act relating to Commissioners of Highways, 1828 c27) 1840 c21

An Act to amend the Act to extend to the Town of Dartmouth the Act relating to Commissioners of Highways in Halifax, and certain other places.
(Passed the 27th Day of March, 1840.)

Preamble:
WHEREAS, by the Act, passed in the Ninth year of the Reign of His late Majesty V King George the Fourth, entitled, An Act to extend to the Town of Dartmouth the Act relating to Commissioners of Highways in Halifax, and certain other places, the Act, passed in the seventh year of the Reign of His said late Majesty, entitled, An Act relating to Commissioners of Highways in Halifax, and certain other places, and every matter, clause and thing, therein contained, except the first, second, twenty-seventh and twenty-eighth Clauses or Sections thereof, were extended to the Town of Dartmouth; And whereas, the tenth and eleventh Clauses of the said Act, so extended to Dartmouth, are limited in their operation by express words to the Town or Peninsula of Halifax, but would be beneficial if extended to Dartmouth :

10th and 11th sections of Act 9, Geo. IV. extended to Dartmouth:
I. Be it therefore enacted, by the Lieutenant-Governor, Council and Assembly, That the said tenth and eleventh Clauses of the said Act, shall be extended to the Town of Dartmouth, as if said Town had been named and referred to in such two clauses respectively.

Preamble:
And whereas, It is unnecessary that the exception of Seed time and Harvest in the thirteenth Clause of the said Act should extend to Dartmouth :

Exception of Seed time and Harvest in 13th Sec. not extended to Dartmouth:
II. Be it therefore enacted, That the said exception of Seed time and Harvest, in the said thirteenth Clause of the said Act, shall not extend, or be held or deemed to extend, to the Town of Dartmouth.

Preamble:
And in order to avoid doubts as to the Sixteenth Clause of the said Act having been extended to Dartmouth:

16th clause of Act to extend to Dartmouth:
III. Be it enacted, That the sixteenth Clause of the said Act shall extend, and be deemed to extend, to Dartmouth, as if the said Town had been named in the said sixteenth Clause.

Preamble:
And whereas, The main public Road leading from Scallon’s House to Fletcher’s Bridge is frequently encumbered and obstructed to the great annoyance and danger of Travellers and Passengers on the Road; for remedy wbereof,

Road Incumbrances on road to Fletcher’s Bridge from Scallon’s house:
IV. Be it enacted, That all Logs, Spars, Bark, Scantling, Boards, Planks, Slabs, Wood, Hoop-poles, Staves, Laths, Fencing Materials, Stones and Timber, of any kind, which shall be placed in the Ditches or Track of the said Road, between Scallon’s House and Fletcher’s Bridge, encumbering the same, shall be ipso facto forfeited, and it shall and may be lawful for the Commissioners of Streets for Dartmouth, or any of them respectively, without any Suit or Process of Law whatsoever, to cause all Articles so found encumbering the said Road, to be instantly seized and disposed of, in such way or manner as they shall think proper, and, if the same shall be sold, the proceeds of such Sale shall be applied for the repair and improvement of the said Road.

“To amend the last named (To extend the Act relating to Commissioners of Highways”, 1828 c27) 1840 c21

An act for extending an act…to prevent unnecessary firing of guns, and other fire arms…to the Town Plot of Dartmouth, 1793 c12

by
To extend Act respecting Guns and Firearms to (Dartmouth), 1793 c12

An ACT for extending an Act, passed in the Thirty-second year of the reign of his late Majesty, entitled, an Act to prevent unnecessary firing off Guns, and other Fire Arms, in the Town and Suburbs of Halifax, to the Town Plot of Dartmouth.

For acts on this subject, see note on 32d Geo. ad. cap. a.

Preamble:
WHEREAS it is deemed necessary for the safety of the inhabitants of the town plot of Dartmouth, that an Act passed in the thirty-second year of the reign of His late Majesty, entitled, An Act to prevent unnecessary firing off Guns, and other Fire Arms, in the Town and Suburbs of Halifax, should be extended to the said town plot of Dartmouth :

Act to prevent unnecessary firing off Guns in the town of Halifax, &c. extended to Town Plot of Dartmouth:
I. Be it therefore enacted, by the Lieutenant-Governor, Council and Assembly, That every matter, clause and thing, contained in the above recited Act, shall be, and the fame is hereby extended to the said town plot of Dartmouth.

“An act for extending an act … to prevent unnecessary firing of guns, and other fire arms … to the Town Plot of Dartmouth”, 1793 c12

To extend the Act relating to Commissioners of Highways to the Town of Dartmouth, 1828 c27

by
1828-27
1828-27

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 Assembly, That, from and after the passing of this Act, the Act, passed in the seventh year of His present Majesty’s Reign, entitled, An Act relating to Commissioners of Highways in Halifax, extended to and certain other places, and every matter, clause and thing, therein contained, except the first, second, twenty-seventh and twenty-eighth Clauses or Sections thereof, shall be extended, and the same are hereby extended to the Town of Dartmouth.

Appointment of Commissioners of Highways for Dartmouth:
II. And be it further enacted, That it shall and may be lawful for the Governor, Lieutenant-Governor, or Commander in Chief for the time being, by and with the advice of His Majesty’s Council, to appoint, and commission during pleasure, three fit and proper Persons, Inhabitants of the said Town, to be Commissioners for repairing, keeping in mouth repair, and paving, the Streets and Highways in the said Town of Dartmouth; and upon the death, removal, or refusal to act, of any one or more of the said Commissioners, it shall and may be lawful for the said Governor, Lieutenant-Governor, or Commander in Chief, by and with the advice of His Majesty’s Council, to appoint and commission some fit and proper Person or Persons, being an Inhabitant or Inhabitants of the said Town, to supply such vacancy, and such appointment to renew, whenever necessary : So that the said Commissioners may always continue to be three in number.

Jurisdiction of Commissioners:
III. And be it further enacted, That the Jurisdiction, Powers and Authority, of the Commissioners so to be appointed for the said Town of Dartmouth, shall be confined and restricted to the bounds and limits following, that is to say :-to the distance or space of one Mile, measured in a Southwardly, Easterly, and Northwardly direction, from the Public Landing, or Steam Boat Company Wharf, in the said Town.

Power of Surveyors of High ways at Dartmouth to terminate on the 1st May:
IV. And be it further enacted, That from and after the first day of May next, the powers and authority of the Surveyors of Highways, within the limits above described in the Township of Dartmouth, shall cease and determine, any law, usage or custom, to the contrary notwithstanding.

“To extend the Act relating to Commissioners of Highways to the Town of Dartmouth”, 1828 c27

To extend the Act for appointing Firewards to the Town of Dartmouth, 1820-21 c32

by
To extend the Act for appointing Firewards to (Dartmouth), 1820-21 c32

An ACT to extend an Act for appointing Firewards, ascertaining their duty, and for punishing thefts and disorders at the time of Fire, and also the Acts in addition to and amendment thereof, to the Town of Dartmouth.

Act 2d Geo. III Cap 5 extended to Dartmouth:
Be it enacted by the Lieutenant-Govéritory Council and Assembly, That, the Act of the General Assembly, made and passed in the second year of His late Majesty’s Reign, entitled, An Act for appointing Firewards, ascertaining their duty, and for punishing thefts and disorders at the time of Fire ; and also, all the several Acts, since made, in addition to or amendment of the said Act, and now in force, and every matter, clause and thing, in the said. Acts contained, shall be extended, and the same are hereby extended, to the Town of Dartmouth.

“To extend the Act for appointing Firewards to the Town of Dartmouth”, 1820-21 c32

An act to extend the provisions of c15 of 1761 relating to Trespasses, to the Town of Pictou and the Town Plot of Dartmouth, 1818 c23

by
To extend the provisions of c15 of 1761 relating to Trespasses, to the Town of Pictou and the Town Plot of Dartmouth, 1818 c23

See. 3, Geo. IV. Cap. 32, Sec. 8

An ACT to extend the provisions of an Act, passed in the first year of His present Majesty’s Reign, entitled, An Act in addition to, and amendment of, an Act, entitled, An Act for preventing Trespasses, to the town of Pictou, and the Town Plot of Dartmouth.

Preamble:
WHEREAS, it has been found necessary to provide some more effectual means for preventing Swine and Goats from going at large in the streets, lanes, and highways, of the said Towns :

Act 1st Geo. III. extended to Pictou and Dartmouth:
I. Be it therefore enacted by the Lieutenant-Govenor, Council and assembly, That, from and after the publication hereof, the said Act, passed in the first year of His present Majesty’s reign, entitled; An Act in addition to and amendment of an Act, entitled, An Act for preventing Trespasses, and all the several matters and things therein contained, shall be, and the same is hereby extended to the Town of Pictou, including all the streets, lanes, and highways, from David Patterson’s East line on the West, to the West line of the lot formerly Alpin Grant’s on the East of the said Town; and to the Town Plot of Dartmouth, bounded on the North by the Common, on the South and West by Halifax Harbour, and on the East by Mill Brook, and after the payment of the third part of the value of all such Swine or Goats as may be forfeited by the said Act to the prosecutor, the remainder shall be paid to and for the use of the Poor of the said Towns respectively, within the said limits.

“An act to extend the provisions of c15 of 1761 relating to Trespasses, to the Town of Pictou and the Town Plot of Dartmouth”, 1818 c23

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

by

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 holding the fame, and to vacate that part of the grant of the Common aforesaid, which vests the trust in the heirs, executors or administrators, of the Trustees, named in the said grant, on the death of such Trustees.

Preamble:
WHEREAS by letters patent under the great seal of this Province, bearing date the 4th day of September, in the year of our Lord one thousand seven hundred and eighty-eight; His Majesty 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 fettled and resident in the town plat, or that might thereafter settle; and actually reside, within the township of Dartmouth, during such residence only ; as a common, for the general benefit of such resident fettlers, and not otherwise. And whereas the said Timothy Folger and Samuel Starbuck, have removed from this Province, by reason whércof the good intent of the said grant, is in a great measure defeated; and great inconveniences may arise from the trust aforesaid, on the death of either, or the whole, of the said trustees, devolving to their heirs, executors, or administrators; for remedy whereof :

Governor to appoint Trustees for the Common at Dartmouth:
I. Be it enacted, by the, Lieutenant-Governor, Council and Assembly, That it shall and may be (l)awful (sic) for the Governor, Lieutenant-Governor, or Commander in Chief for the time being, to nominate and appoint fit and proper persons, trustees for the common of the town of Dartmouth, which trustees, so nominated and appointed, shall hold the said common on the same terms and conditions, as the trustees, named in the aforesaid grant, are authorised to hold the fame, by virtue of the said grant.

And on the death of any Trustee, to appoint another to exercise the trust:
II. And be it further enacted, That it shall and may be lawful for the Governor, Lieutenant Governor, or Commander in Chief for the time being, from time to time, and at all times hereafter, on the death, or removal out of this Province of any of the aforesaid trustees, to nominate and appoint another person, to exercise the said trust.

Former trust vacated:
III. And be it further enacted, That so much of the said grant as relates to the appointing the before named Timothy Folger, and Samuel Starbuck, trustees, as aforesaid, and such part thereof, as, on the death of either of the trustees, therein named, devolves the trust on the heirs, executors or administrators, of the trustee so deceased ; and every matter and thing, in the said grant contained, relating to the fame, shall be, and the same is hereby, vacated, and no longer in force or effect.

Power of Trustees appointed under this Act:
IV. And be it further enacted, That the trustees to be named, in and under this Act, shall exercise, and use, every right power and privilege, heretofore given to the trustees, named in the aforesaid grant, and referred to in an Act, passed in the twenty-ninth year of His Majesty’s reign, entitled, An Act to enable the inhabitants of the town plot of Dartmouth, to use, and occupy, the common field, granted by His Excellency the Lieutenant-Governor, in such way as may be most beneficial to them.

“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 trust in the heirs, executors or administrators, of the Trustees, named in the said grant, on the death of such Trustees”, 1797 c2

 

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

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