An Act to amend the several Acts relating to the Dartmouth Common.
(Passed the 21st day of September, A. D. 1868.)
1. Trustees of Dartmouth Common to be a Body Corporate. May grant fee simple to lessees. Shall invest proceeds.
2. Interest to be employed in improvements.
3. Streets to be under control of Commissioners for Dartmouth
5.(sic) Trustees may lease portion of Common for military purposes.
5. Trustees may execute deed to P. Leahy, on payment of $80.
6. Trustees may sell part of Common on requisition of two-thirds of rate payers at meeting called by notice in newspapers 20 days.
7. Proceeds to be invested, and interest to be expended in improvement.
8. Inconsistent Acts repealed.
Be it enacted by the Governor, Council, and Assembly, as follows:
Trustees of Dartmouth Common to be a Body corporate. May grant fee simple to lessees Shall invest proceeds:
1. The Trustees of the Dartmouth Common shall be a Common to be a Body politic and corporate, and shall have power to give releases under seal in fee simple, of such parts of the Common as are held under lease, upon receiving from the lessees at the rate of sixteen dollars and sixty-seven cents for every dollar of rent payable by such lessees, respectively, and shall keep the moneys so arising continually invested in securities on real estate or in the public funds.
Interest to be expended on improvements:
2. The Trustees shall expend the interest of the money Interest to be so arising in the clearing, draining, and improvement of the Common.
Streets to be under control of Commissioners for Dartmouth:
3. The streets already made in and around the Common Streets to be shall be under the control and management of the Commissioners of Streets for the Town of Dartmouth.
Trustees may lease portions of Common for military purposes:
4. The Trustees shall have power to lease to the Government such parts of the Common as are now used, or may of common tor hereafter be required, for military purposes.
Trustees may execute deed to P. Leahy, on payment of $80:
5. The Trustees shall have power to execute a Deed in Trustees may fee simple to Patrick Leahey of a lot of land, being part and parcel of the said Common, and described as follows: -Commencing on the eastern side of Dartmouth Common, at the north-west angle of property belonging to the estate of the late Thomas Boggs; thence by the north-west line of said Boggs property north fifty-nine degrees east, forty-eight feet, to the western line of property belonging to said Patrick Leahey ; thence north-easterly by the western line of said Leahey’s property, until it meets the southern side of the entrance to Wolf’s road, so called; thence southerly by a right line to the place of beginning ;—on the said Patrick Leahey paying to the said Trustees the sum of eighty dollars, being the appraised value thereof.
Trustees may sell part of Common on requisition of two thirds of rate payers at meeting called by notice in newspapers 20 days:
6. The Trustees shall have power to sell that portion of said Common bounded northerly by Howe street, westerly by the Windmill road, southerly by Parker street, and easterly by Wise street, or any portion thereof, at public auction after notice of such sale for twenty days at least in not less than three newspapers published in Halifax County, and to give conveyances thereof in fee simple; and it shall be ncessary for the said Trustees to obtain authority for such sale by a requisition signed by two-thirds at least of the rate payers residing within the limits of the Town Plot of Dartmouth, present at a meeting called for the purpose by public notice previously given twenty days at least in two newspapers in Halifax County, which Town Plot shall be construed to embrace an area within the distance of one mile measured in a southwardly, eastwardly, and northwardly direction from the Public Landing or Steamboat Company’s wharf.
Proceeds to be invested and interest to be expended in improvements:
7. The proceeds arising from the sales or transfers authorized by or mentioned in the fifth and sixth clauses hereof shall be invested and kept invested by the Trustees in the same manner as is provided in the first section hereof, and the interest arising therefrom shall be expended in the improvement of the Common as the Trustees shall direct.
Inconsistent Acts repealed:
8. So much of the several Acts relating to the Dartmouth Common, and the Acts in amendment thereof previous to this Act, as is inconsistent with this Act, is hereby repealed.
“To amend the several Acts relating to the Dartmouth Common”, 1868 c31