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Province of New Brunswick.

LOCAL AND PRIVATE ACTS.

SAINT JOHN.

26th GEORGE 3rd-CHAPTER 10.

An Act for regulating the Courts of Law established in the several Counties for the trial of causes to the value of forty shillings.

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3. Courts, where held, &c.
4. Judicial power not to be deputed.

2. Time of imprisonment, by whom limited. WHEREAS it is necessary for the effectual administration of Justice in the Clerks' Courts of the respective Counties, and in the City Court of the City of Saint John, that further powers be given to the Justices of the Peace and Aldermen presiding therein, and that further regulations and restrictions be adopted, the more fully to obtain the purposes for which they were instituted ;

Be it enacted, &c.-1. The Constables and Marshals appointed to summon the juries for trial of causes in said Courts shall summon and return three impartial men in the stead of twelve jurors to each of the said respective Courts on the stated monthly terms or days of trial, and no oftener, in case the Clerks of said Courts shall respectively signify that the attendance of three such persons is then necessary, for the trials of causes at issue, and not otherwise, which three persons so returned shall try all causes at issue in said Courts respectively, in the room and stead of a jury consisting of twelve jurors as heretofore ordained; and it shall nevertheless be in the election of the defendant whether the cause shall be heard and determined by the Judge and Clerk of the said Court only, or by three such persons, and the defendant shall, on being served with a summons, notify the Clerk of the said Court that he wishes three such persons to be summoned, and if such notice is not given none shall be returned.

2. The presiding Justice, and no other person, shall have full power and authority to determine and limit the term of imprisonment or length of time the defendant shall suffer confinement, to be inserted in the execution against the body by the Clerk, in case the defendant shall not fulfil the judgment given against him; the said term not to exceed three months as heretofore ordained.

3. The said Courts shall be held in the most convenient place in each Town before some one of the Justices of the Peace of the County, and the Justice who is to preside at the said Court shall be the only person to appoint the place where said Court shall be held; and the several and respective judgments which shall be given in any of the said Courts shall be valid and final between the parties, notwithstanding any defect of form in the entries or pleadings made and had in the causes so determined.

4. Provided always, that nothing in this Act shall be construed to give the Clerk any authority to depute his judicial power to any person to act as deputy, but that in cases where a deputy shall be appointed the Justice shall be the sole Judge, any thing in any law or ordinance to the contrary in any wise notwithstanding.

26th GEORGE 3rd-CHAPTER 46.

An Act for confirming unto the City of Saint John its rights and privileges.

Section.

1. Incorporation of City of Saint John; Letters Patent, what good.

Section.

2. What rights, &c. Corporation may hold. 3. To be deemed a public Act.

Be it enacted, &c.-1. The Mayor, Aldermen, and Commonalty of the City of Saint John shall and may for ever hereafter remain, continue, and be a body corporate and politic, in re, facto et nomine, by the name of "The Mayor, Aldermen, and Commonalty of the City of Saint John," and by that name sue and be sued, plead and be impleaded, answer and be answered unto, without any seizure or forejudger, for or upon any pretence of any forfeiture or misdemeanor at any time heretofore done, suffered, or committed; and that all and singular Letters Patent, Grants, Charters, and Gifts, sealed under the Great Seal of this Province, heretofore made and granted unto the Mayor, Aldermen, and Commonalty of the City of Saint John, be and are hereby declared to be, and shall be good, valid, perfect, authentic, and effectual in the law, and shall stand and be taken, reputed, deemed, and adjudged good, perfect, sure, available, authentic, and effectual in the law, against the King's Majesty, His Heirs and Successors, and all and every person or persons whomsoever, according to the tenor and effect of the said Letters Patent, Grants, Charters, and Gifts; and that the same be and are to all intents and purposes hereby ratified and confirmed.

2. The Mayor, Aldermen, and Commonalty of the City of Saint John, and their successors, shall and may for ever hereafter peaceably have, hold, use, and enjoy all and every the rights, gifts, charters, grants, powers, liberties, privileges, franchises, customs, usages, constitutions, immunities, markets, duties, tolls, lands, tenements, estates, and hereditaments, which have heretofore been given or granted unto the Mayor, Aldermen, and Commonalty of the City of Saint John, by any Letters Patent, Grant, Charter, or Gift, sealed under the Seal of this Province.

3. This present Act shall be accepted, taken, and reputed to be a public Act, of which all and every the Judges and Justices of this Province in all Courts, and all other persons

shall take notice on all occasions whatsoever, as if it were a public Act of Assembly relating to the whole Province; any thing herein contained to the contrary thereof in any wise notwithstanding.

43rd GEORGE 3rd-CHAPTER 3.

An Act for altering the divisions of four of the Wards in the City of Saint John, and for changing the mode of Elections within the two other Wards of the said City.

Section.

1. What Wards, and how divided. 2. What Section repealed.

Section.

3. Charter, when to remain in force. Passed 16th March 1803.

WHEREAS since the granting of the Charter of the City of Saint John, by reason of the removal of many persons from some of the Wards, the disproportion of inhabitants in the several Wards is at this time very great, and one of the Wards almost entirely depopulated: And whereas many of the freemen and inhabitants of the said City have, by petition, prayed that a remedy may be provided for the evil consequences arising from such changes ;

Be it therefore enacted, &c.-1. That instead of the present division of the four Wards of the said City on the eastern side of the Harbour, the same Wards be hereafter divided by lines drawn from the Harbour to the rear of the said City, as follows, to wit, through the centre of King Street, Duke Street, and Saint James and Stormont Streets; and that all that part of the said City lying to the northward of King Street, be for ever hereafter called and known by the name of King's Ward; that all that part of the said City between King Street and Duke Street, be for ever hereafter called and known by the name of Queen's Ward; that all that part of the said City lying between Duke Street and Saint James and Stormont Streets, be for ever hereafter called and known by the name of Duke's Ward; and that the residue thereof lying to the southward of Saint James and Stormont Streets, be for ever hereafter called and known by the name of Sidney Ward: And that the Elections for the Aldermen, Assistants, and Constables of the same Wards, be held annually within the same

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