Act by reason of his being liable to the payment of any money for the maintenance of the Police established by this Act. 16. No Police Magistrate, Clerk, or Policeman appointed under this Act, or under the provisions of an Act made and passed in the eleventh year of the Reign of Her present Majesty, intituled An Act for establishing and maintaining a Police Force in the Parish of Portland, in the City and County of Saint John, shall, during the time that he shall continue in his office respectively, or within six months after he shall have quitted the same, be capable of giving his vote for the election of any member to serve in the General Assembly for any County or City in this Province, or for the election of any member of the Council of the said City; nor shall he by word, message, writing, or in any other manner, endeavour to persuade any elector to give, or to dissuade any elector from giving his vote for the choice of any person to be a member to serve for any such County or City, or to serve in the said Common Council; and every such Magistrate, Clerk, or Policeman offending therein shall forfeit the sum of fifty pounds, one moiety thereof to the informer, and the other moiety thereof to the overseers of the poor of the Parish or City where such offence shall be committed, to be recovered by any person that shall sue for the same in any of Her Majesty's Courts of Record, within the space of one year after such offence committed; provided nevertheless, that nothing in this Act contained shall extend to subject any such Magistrate, Clerk, or Policeman to any penalty for any act done by him at or concerning any of the said elections, in the discharge of his duty. 17. It shall not be lawful for any Alderman or Justice of the Peace, other than the said Police Magistrate, or any other Magistrate duly appointed and sitting at the Police office, to take or receive any fees or costs of any nature or kind for or upon any proceedings, trial, judgment, or conviction of any nature or kind whatever, had before him as a Justice of the Peace or Alderman within the City of Saint John; provided that nothing herein contained shall extend to the fees to be taken by the Justices of the Inferior Court of Common Pleas for the City and County of Saint John, or the fees to be taken and received in the City Court of the said City; and any Justice of the Peace or Alderman who shall demand, receive, or take any costs or fees contrary to the provisions of this Act, shall be deemed and taken to be guilty of extortion, or may be indicted for the same before any Court of competent jurisdiction. 18. The salary and wages of the said Police Magistrate and Clerk to be determined by the Lieutenant Governor or Administrator of the Government for the time being, and Policemen, and all other expenses attending the said Police, shall be paid monthly by orders of the Common Council of the said City upon the Chamberlain, out of moneys received by him under the provisions of this Act and of the Act passed in the eleventh year of Her Majesty's Reign, intituled An Act more effectually to provide for the support of a Nightly Watch and Day Police in that part of the City of Saint John lying on the eastern side of the Harbour, and for lighting the same, as also for other purposes. 19. So much of the Charter of the said City as provides and ordains that the Common Clerk of the said City of Saint John shall be Clerk of the Peace and of the Sessions of the Peace, and Clerk of the Inferior Court of Common Pleas, and keeper of the memorandums, rolls, records, muniments, and other writings of the said City and County of Saint John, be and the same is hereby repealed and annulled; provided always, that the Common Clerk of the said City of Saint John shall be keeper of the memorandums, rolls, records, muniments, and other writings of the said City; and the Common Council of the said City shall on the first Tuesday in May in each and every year appoint the high constable of the said City for the year ensuing; and in the case of the death, resignation, or removal from the City of such high constable, another to appoint in his stead, and so as often as such cases shall happen. 20. Notwithstanding any thing in the said Charter to the contrary contained, any black person or person of colour may become a free citizen of, and be admitted to the freedom of the said City. 21, 22, & 23. Repealed by 16 V. c. 37, s. 1. 24. It shall and may be lawful for the Common Council of the said City, by ordinance, to establish a Registry of voters, and to make all such rules and regulations as to them may seem necessary, to prevent persons not duly qualified from voting at elections for Charter Officers of the said City; and shall and may by ordinance make such further regulations for enforcing the laws in force regulating the qualification of candidates for the offices of Aldermen and Councillors, and for conducting the said elections, and paying the expenses of the same, and under such penalties not exceeding five pounds for any one breach thereof, as to the said Common Council may from time to time appear to be necessary for such purposes. 25. Repealed by 16 V. c. 37, s. 1. 26. If any person shall knowingly swear falsely as to any of the particulars of his alleged qualification, or if he shall knowingly swear falsely in taking any or either of the oaths prescribed by this Act, he shall be deemed guilty of wilful and corrupt perjury, and suffer the pains and penalties provided by law in cases of wilful and corrupt perjury. 27. The General Sessions of the Peace for the City and County of Saint John may be adjourned de die in diem for want of a quorum, by the Mayor or Recorder and one of the Justices of the Peace for the said City and County. 28. The City Court of Saint John shall and may, if thought necessary for the dispatch of the business before the Court, be holden on the Thursday in every week instead of the Thursday in every alternate week, as provided by the Charter; and in all cases when the defendant has been served with a summons at least three days before the time of appearance in the manner pointed out in the third Section of an Act made and passed in the fourth year of the Reign of King William the Fourth, intituled An Act to regulate proceedings before Justices of the Peace in Civil Suits, it shall and may be lawful for the Alderman presiding in the City Court, if the defendant do not appear to make a defence, to proceed to assess the debt or damages in the mode and under the regulations provided in the said Section for assessing damages when the defendant does not appear; and it shall not be necessary to issue an attachment to compel the appearance of the defendant in any case, except it shall be made to appear that he is about to depart the jurisdiction of the City, as provided by the Charter. 29. Repealed by 13 V. c. 1, s. 8. 30. Repealed by 16 V. c. 37, s. 1. 31. The said Charter, and all and every thing therein contained, shall be and remain firm, valid, good, sufficient, and effectual in the law in all respects, save and except so far as the same is hereby altered and amended. 32. This Act shall not come into operation until Her Majesty's Royal approbation shall be first thereunto had and declared. [This Act was specially confirmed, ratified, and finally enacted, by an Order of Her Majesty in Council dated the 29th day of June 1849, and published and declared in the Province the 1st day of August 1849.] 13th VICTORIA-CHAPTER 1. An Act relating to the Police Office established in the City of Saint John, and to provide for the relief of Debtors confined in the Gaol of the said City for small sums, and making provision for the levying and collecting of Assessments in the said City, and other purposes. 7. Witness on examination, when to attend. 19. Common Council to make bye laws as to 8. What Section repealed. 9 & 10. Repealed. Assessors, &c. 20. Assessors, when may search records. 11. Deputy Clerk of Market, &c., what pow. 21. Bye laws of City Corporation to remain ers to exercise. valid. Passed 18th March 1850. Be it enacted &c.-1. It shall and may be lawful for the Police Magistrate or other Magistrate sitting at the Police office established in the City of Saint John by virtue of an Act passed in the twelfth year of the Reign of Her present Majesty Queen Victoria, intituled An Act in further amendment of the Charter of the City of Saint John, to hear and determine all offences committed against any bye law or ordinance of the Corporation of the said City; and all fines, penalties, and forfeitures, and sums of money imposed and awarded in and by any of the said bye laws or ordinances now in force, or which may be hereafter ordained and become in force, shall and may be sued for, prosecuted, and recovered, with costs, before the said Police Magistrate or other Magistrate sitting at the said Police office as aforesaid, and with the like effect as any other fine, penalty, forfeiture, or sum of money may be sued for, prosecuted, and recovered before the said Police Magistrate; and in every case on the adjudication of any pecuniary penalty under any such bye law or ordinance, and non-payment thereof, it shall be lawful for the said Police Magistrate or sitting Magistrate to commit the offender to the common gaol or Provincial Penitentiary for the term directed and provided in and by such bye law or ordinance. 2. All moneys received and collected by the said Police Magistrate in respect of any fines, penalties, and forfeitures incurred and paid under the provisions of any such bye law or ordinance, shall be paid over by the said Police Magistrate, with an account thereof on oath, on the first day of every month, or if such first day of the month be Sunday, then on the next preceding day, into the hands of the Chamberlain of the said City, for such uses and purposes as may be directed in and by such bye laws and ordinances respectively, and at the same time he shall pay all fees and costs received by him in collecting the same, into the hands of the said Chamberlain, to the use of the Watch and Police funds. 3. A copy of any such bye law or ordinance, purporting to be certified under the hand of the Common Clerk of the said City to be a true copy, and to have been confirmed by the Lieutenant Governor in Council, shall be prima facie evidence of such bye law or ordinance, and of the due confirmation thereof, in all Courts within this Province. 4. It shall be the duty of the Police Magistrate and policemen of the said City at all times to be vigilant and faithful in endeavouring to discover and detect all offences against the said bye laws and ordinances, and all other offences whatsoever against the law, and to be aiding and assisting the Mayor, Recorder, and Aldermen of the said City in enforcing obedience thereto. 5. Any person confined for debt in the body of the gaol in the City and County of Saint John, whether on capias, attachment, or execution, in any suit brought before a Justice of the Peace of the said City and County, or in the City Court of Saint John, and being in indigent circumstances, may make |