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

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