received notice of the said assessment, with an affidavit annexed, in the form following, or to that effect :— do make oath that all the pro resident in • does not exceed 'I 'perty, real and personal, owned by me, or by any other person ' in trust for me, or for my use, whatsoever and wheresoever, 'does not exceed in value, and that my yearly income [or, in case of the person appealing being 6 among the first class of persons who are to pay but two days, 'the affidavit shall be that he is a hired servant, common labourer, licenced school master, apprentice, or person under the age of twenty one years]. Sworn the Justice of the Peace.' day of 18 before And in case the appeal be allowed, the rate shall be amended accordingly, and the Common Council may in their discretion direct the collector or collectors to repay, out of the moneys collected by him, the amount overcharged, or to make allowance therefor in the labour of the next year in case the appellant should have performed the whole labour assessed prior to hearing the appeal. 6. If any person asessed for statute labour shall prefer paying money to doing such labour, it shall and may be lawful for the collector or collectors to be appointed by the Mayor, Aldermen, and Commonalty, within the City of Saint John, to take and receive the same at and after the rate of two shillings and six pence per day for each day's labour required to be done by such person; and no person whosoever shall be permitted to work by substitute. 7. The Mayor, Aldermen, and Commonalty of the said City, in Common Council convened, are hereby authorized and required on the third Tuesday in March, or within the next four successive days, in each and every year to appoint, by warrant or warrants under the Common Seal of the said City, one or more fit person or persons to be a surveyor or surveyors of the Highways for the said City, assigning to him or them in such warrants the limits of the district within and over which he or they shall exercise the duties and powers incident to his or their office, both with respect to the times and places where the work is to be performed, and the persons to be summoned to perform such work; and in case of the refusal of any such person or persons to accept of such office, or in case of any vacancy by death or removal, or other incapacity of such surveyor or surveyors to perform the duties of his or their office, the said Mayor, Aldermen, and Commonalty are authorized and required in like manner to appoint another or others in his or their place. 8. It shall be the duty of the Common Clerk of the said City, immediately after the making of any appointment as aforesaid, to deliver or transmit to the said surveyor or surveyors so appointed, his or their warrant or warrants of appointment; and each and every person so appointed shall, within fourteen days after receiving the same warrant, be duly sworn to the faithful performance of the duties of his or their office, before the Mayor, Recorder, or either of the Aldermen of the said City, which oath they are hereby severally authorized and required to administer, and to endorse a certificate thereof upon each of the said warrants of appointment. 9. Each and every person so to be appointed, who shall neglect and refuse to accept of the office of surveyor as aforesaid, and to take the oath herein before required within the time limited as aforesaid, or shall neglect or refuse to do and perform any of the duties herein required of him, shall for each and every offence forfeit and pay the sum of three pounds, to be recovered before any one of His Majesty's Justices of the Peace, by and in the name of the Chamberlain of the said City, on the oath of one or more credible witness or witnesses, or on confession, and levied with costs of prosecution by warrant of distress and sale of the goods and chattels of the offender, and to be laid out on the highways, streets, and bridges of the said City. 10. It shall be the duty of the several surveyors of highways within the said City, appointed by the Mayor, Aldermen, and Commonalty as aforesaid, on or before the fifteenth day of May in each and every year, to make out and transmit to the Chamberlain of the said City, lists of all persons within their respective districts who are by law liable to work upon the highways, streets, and bridges, and after the assessment list is handed to them to summon the said persons to work, and superintend them, and from time to time in each and every year to render to the collector or collectors of taxes for the said City, lists of all persons who may be defaulters, and the said collector or collectors shall forthwith proceed to recover the sums due from such defaulters; and the said surveyor or surveyors, and collector or collectors, shall render to the Chamberlain of the said City all their lists and accounts in complete order, on or before the first day of December in each and every year, under the penalty, for every default, of ten pounds. 11. Provided always, that whenever the said Mayor, Aldermen, and Commonalty shall direct any surveyor to work in a particular part of, or any particular place or bridge within his district, or to take any number of persons belonging to his district out of such district into the next adjacent district, it shall be the duty of the said surveyor to attend to the same, and perform such duty so required of him. 12. The said Chamberlain of the said City shall keep an account of moneys received by him by virtue of this Act, separate and distinct from the accounts of other funds in his hands, and obey all orders of the Common Council of the said City for the expenditure thereof; and on or before the first day of April in each year shall make out an account, with vouchers, of all moneys received and paid by him as aforesaid, and lodge the same with the Clerk of the said Common Council, together with the lists and accounts which he may have received from the said surveyors and collectors, to be laid before the said Common Council. 13. Every person when called upon by the surveyor of any district within the said City, shall within twenty four hours give and render to the said surveyor a particular account and statement, in writing, containing the names of all persons who may be in his, her, or their employ, or who may be resident in the house kept or occupied by such person or persons, and who may be liable to perform labour on the highways; such statement to contain not only the names of persons belonging to his, her, or their family, but also the names of any boarders, lodgers, and domestic servants who may be liable as aforesaid; and if any such person or persons shall neglect or refuse to render such account when so called upon, or shall give or render a false or incorrect account or statement, he or she shall forfeit and pay the sum of five pounds, to be sued for and recovered by and in the name of the Chamberlain of the said City, in the City Court of the City of Saint John, or before any one Justice of the Peace in and for the City and County of Saint John, for the use of the said Mayor, Aldermen, and Commonalty, to be by them specially applied in making, altering, and repairing the roads within the said City. 14. If any person or persons when so summoned to labour as aforesaid by the surveyors of their respective districts, shall neglect or refuse to appear agreeably to such summons, he or they shall be taken to have made their election to pay at and after the rate of two shillings and six pence per day, according to the number of days they may be assessed; and if he or they shall neglect or refuse to pay the same when required by the collectors within the City, the same may be recovered by and in the name of the Chamberlain of the said City for the time being, before the City Court, or before any one Justice of the said City and County, and when recovered, applied to the use of the said Mayor, Aldermen, and Commonalty, for the making, altering, and repairing the roads within the said City; and if any person who shall appear agrecably to such summons, and being under the directions of such surveyor, shall refuse or neglect to work, or shall not work in such manner as to satisfy such surveyor, he is hereby empowered to dismiss such person from the work, and the Chamberlain shall proceed against him in the same manner as herein before directed to be done against persons neglecting to appear and labour after being duly summoned, to be recovered, used, and applied as in the case last aforesaid. 3rd WILLIAM 4th-CHAPTER 21. An Act to prevent the importation and spreading of infectious Distempers in the City of Saint John. WHEREAS the several Acts relative to the importation and spreading of infectious distempers in the City of Saint John, have by experience been found inadequate ;— Be it enacted, &c.-1. An Act made and passed in the tenth and eleventh years of the Reign of His late Majesty King George the Fourth, intituled An Act to repeal all the Acts now in force relative to the importation and spreading of infectious distempers in the City of Saint John, and to make more effectual provision for preventing the same; and also an Act made and passed in the first year of the Reign of His present Majesty, intituled An Act to amend an Act, intituled 'An Act to repeal all the Acts now in force relative to the importation and spreading of infectious distempers in the City of Saint John, and to make more effectual provisions for preventing the same; and also an Act made and passed in the second year of the Reign of His present Majesty, intituled An Act further to amend the Act relative to the importation and spreading of infectious distempers in the City of Saint John, and to extend the provisions thereof, be and the same are hereby repealed. 2. No vessel arriving in or near the harbour of Saint John, having on board the small pox, yellow fever, or other pestilential or contagious distemper, or coming from any port or place infected with any such distempers, or at or near which any such distempers at the time of her departure were known or supposed to prevail, or from any port or place in the West Indies, South America, the United States of America from Boston and the southward of Boston, Bermuda, Africa, or the Mediterranean, or having passengers on board from any port or place in the world (save and except in this Province, Canada, Nova Scotia, Prince Edward Island, Newfoundland, and the United States of America to the northward of Boston), between the first day of May and the first day of November in any year, or on board of which said vessel any person during the voyage had been sick or had died of any such distemper, shall come, proceed, or be navigated or conducted further or higher up into the harbour of Saint John than a line running from the west point of Partridge Island westerly until it meets Negro Town Point, and east from the eastern point of Partridge Island extending till it reaches the shore to the northward of Black Point; or, in case the Mayor, Aldermen, and Common |