4th VICTORIA-CHAPTER 25.

An Act to authorize the Justices of the Peace for the County of Northumberland to erect a Lock-up House in the Town of Chatham, in the said County.

Section.

1. Lock-up House, how to be erected and paid for.

2. Maintenance of, how paid for.

3. Regulations for, by whom to be made.

Section.

4. What persons may be committed to lockup house.

5. Seamen, when may be committed to. Passed 19th March 1841.

WHEREAS from the great increase of the Town of Chatham, in the County of Northumberland, and in consequence of the distance therefrom to the County gaol, and the difficulty of crossing the River Miramichi thereto at certain seasons of the year, great inconvenience is oftentimes experienced by the Magistrates residing in the said Town for the want of a lockup house or place of safe keeping, in which to confine persons committing breaches of the peace and other minor offences; in remedy whereof,-

Be it enacted, &c.-1. The Justices of the Peace for the County of Northumberland, or the major part of them, may and they are hereby authorized and required at their first General Sessions of the Peace hereafter to be holden, to purchase a piece of ground in the Town of Chatham, on which to erect a lock-up house, and to contract and agree with able and sufficient workmen for the erection and finishing of a suitable lock-up house on the said piece of ground in the Town of Chatham, and the said Justices or the major part of them at any General Sessions of the Peace, are hereby authorized and required to make a rate and assessment for a sum not exceeding two hundred and fifty pounds, to defray the expense of purchasing the said land, and erecting and finishing the said lock-up house; such assessment to be levied and collected in such proportions and in such manner on the inhabitants of such County, residing on the front lots situate between the lower side of Clark's cove and the upper side of Saint Andrew's Church, in the Parish of Chatham in the said County, including all the inhabitants of the Town or Village of Chatham, living within the above named limits, whether residing in the front or rear of the said Town, as the said Justices or the major part of them may direct; which sum, subject to the limits aforesaid, shall be assessed, levied, and paid agreeably to any

Act now or which may hereafter be in force for the assessing, levying, and collecting County rates.

2. When and so soon as the said lock-up house shall be erected, completed, and fit for use, it shall and may be lawful for the Justices of the Peace for the said County, and they are hereby required annually at the first Court of General Sessions of the Peace for the year, by order of the said Court upon the County Treasurer, to cause to be paid out of the County funds. a sum not exceeding thirty five pounds towards the payment of the keeper and the support and maintenance of the said lock-up house, if there be County funds to meet such payment, if not, the same to be annually assessed, levied, and collected off the inhabitants of the County in the same manner as other County assessments are assessed, levied, and collected.

3. The said Justices of the Peace for the said County of Northumberland shall and they are hereby authorized and required at any General Sessions of the Peace to be holden in the said County, to make such rules and regulations for the custody and management of the said lock-up house as may from time to time be necessary and expedient.

4. It shall and may be lawful for the High Sheriff of the said County of Northumberland, or any other officer who shall have arrested or have in legal custody any person or persons charged with any crime or misdemeanor whatsoever, for which such person shall be liable to be committed to the gaol of the said County, to commit such person or persons to the said lock-up house until he or they can be conveyed to the County gaol; provided always, that no such person or persons shall be longer kept or detained in the said lock-up house than thirty six hours from the time of his or their commitment thereto, except when the river is in an impassable state during the spring and fall from the ice, and then only till the same can be crossed with safety.

5. It shall and may be lawful for any Justice or Justices of the Peace for the said County of Northumberland, before whom any mariner or seaman shall be hereafter convicted under and by virtue of any laws now in force or that may be hereafter in force in this Province for the regulation of seamen, to commit such mariner or seaman to the said lock-up house instead of the County gaol, if such Justice shall find it neces

sary and advisable so to do; provided always, that no such mariner or seaman shall remain or be longer confined in the said lock-up house than forty eight hours, and if such seaman or mariner be subject and liable to longer confinement, then to be conveyed to the County gaol, and all charges to be defrayed by the ship master or person so confining said mariner

or seaman.

4th VICTORIA-CHAPTER 27.

An Act to authorize the appointment of Commissioners to lay out a Street or Highway through the Town of Chatham, and to establish and regulate Public Landings in the said Town.

WHEREAS from a recent survey of the Street or Highway through the Town of Chatham, it appears that the same in many cases departs wholly from the original record thereof, and that buildings have been erected on the recorded line, the removal of which would cause much inconvenience, annoyance, and expense: And whereas the Commissioners of Highways have experienced great difficulty in preventing encumbrances thereon, from the bounds of the said Street or Highway not being properly defined: And whereas from the buildings and erections in the said Town, a sufficient space is not left to enable the Commissioners of Highways to lay out and record a Street or Highway through the said Town of the width of four rods as by law is required: And whereas great inconvenience has arisen to the public in consequence of the several Landings in the said Town being obstructed; for remedy whereof,

Be it enacted, &c.-1. It shall and may be lawful for the Lieutenant Governor to appoint three or more fit persons Commissioners to lay out a street or public highway through the Town of Chatham, commencing at Coulson's slip, so called, and terminating at Saint Andrew's Church.

2. Repealed by 5 V. c. 24, s. 1.

3. The said Commissioners shall forthwith, after laying out the said street or highway, make a return thereof in writing under their hands into the office of the Clerk of the Peace for the County of Northumberland, who shall enter the same in the book kept for the purpose of recording roads or highways; which return shall distinctly designate the marks, bounds, and lines by which the said street or highway may be known and ascertained; and whatsoever the said Commissioners shall do according to the powers given them in this Act, being so entered, shall be valid and good to all intents and purposes whatsoever, and the said street or highway when so laid out and entered as aforesaid, shall be deemed and used as a public street or highway for the use and benefit of the public, in as ample and full a manner as if the same had been laid out and recorded under and pursuant to the provisions and regulations of an Act made and passed in the fifth year of the Reign of His late Majesty King William the Fourth, intituled An Act to repeal all the laws now in force for regulating, laying out, and repairing Highways and Roads, and for appointing Commissioners and Surveyors of Highways in the several Towns and Parishes in this Province, and to make more effectual provision for the same, or under or pursuant to any Act of Assembly now in force for establishing and regulating Highways in this Province.

4. Repealed by 5 V. c. 24, s. 1.

5. All such landings as the said Commissioners or the major part of them shall lay out or define to be public under the provisions of this Act, such Commissioners or the major part of them shall cause to be recorded with the Clerk of the Peace for the County, which record when so made shall be good evidence of such being public landings in all Courts of law in this Province.

6. When and so soon as the said Commissioners or the major part of them shall have so laid out and defined the public slips and landings in the Town or Parish of Chatham, as directed in and by the provisions of this Act, and shall have caused the same to be recorded in manner aforesaid, such slips and public landings shall thereafter be considered and taken to be part of the Queen's highway, and be subject to all the rules and regulations that the other highways or public roads

and streets of the said Parish are subject to, and all persons obstructing the same shall be subject to the like pains and penalties therefor, that any person or persons is, are, or may be subject to by any laws now or that shall hereafter be in force for preventing the obstruction of the highways and public roads of the said Parish or County, and be recovered and applied in like manner.

5th VICTORIA-CHAPTER 24.

An Act to repeal certain parts of an Act intituled An Act to authorize the appointment of Commissioners to lay out a Street or Highway through the Town of Chatham, and to establish and regulate Public Landings in the said Town, and to make other provision in lieu thereof.

Section.

1. Certain Sections of what Act repealed. 2. Street, how to be laid out.

Section.

3. What landings, &c., to be laid out, &c.

Passed 29th March 1842.

Be it enacted, &c.-1. The second and fourth Sections of the Act intituled An Act to authorize the appointment of Commissioners to lay out a Street or Highway through the Town of Chatham, and to establish and regulate Public Landings in the said Town, be and the same are hereby repealed; and in lieu thereof,

2. It shall be the duty of the Commissioners to be appointed under the provisions of the said Act, or the major part of them, in laying out the said street or highway, to adhere to the line of road as at present used through the said Town, and commonly called Water Street, and to make the same as wide and straight as practicable, not in any case interfering with buildings or fences without the written consent of the proprietors.

3. The said Commissioners or the major part of them are hereby authorized and required to lay out or define the landings in the Town of Chatham that have heretofore been used as public landings, to-wit, the landing commonly called Coalsom landing, the slips or landings known as Charter's slip, Peabody's slip, and the slip laid out by and on the property of the Chatham Joint Stock Company, and known as the public landing.