which the said respective sums shall be so assessed by the said Commissioners upon the said respective owners and proprietors thereof, or parties interested therein, and as well the said owners and proprietors thereof and parties interested therein, and also the occupants of each and every of them shall moreover be respectively liable to pay on demand the respective suin or sums mentioned in the said report of the Commissioners, at which the respective lands, tenements, hereditaments, and premises so owned or occupied by him, her, or them, or wherein he, she, or they are so interested, or at which the owners and proprietors thereof shall be so assessed, to such person or persons as the said Mayor, Aldermen, and Commonalty shall appoint to receive the same; and in default of payment of the same or any part thereof, it shall be lawful for the said Mayor or the Recorder of the said City, and any three of the Aldermen or Assistant Aldermen of the same City, by warrant under their hands and seals, to levy the same with lawful interest thereon, from and after thirty days from the time of the filing of the said report of the Commissioners, together also with the charges and expenses to be had for the collection thereof, by distress and sale of the goods and chattels of such owner and owners, occupant or occupants, or party or parties interested, so refusing or neglecting to pay the same, rendering the overplus (if any overplus there shall be) after deducting all just charges, to such owner or owners, occupant or occupants, or party or parties interested; or the said respective sums with lawful interest as aforesaid, may be recovered with all costs and charges by the said Mayor, Aldermen, and Commonalty, from and against the owner or owners of the respective lands, tenements, hereditaments, and premises whereon or in respect of which the same may be assessed or set forth in the said report of the Commissioners, or from or against either or any of them the said parties or owners, without joining any other or others of them the said parties or owners therein, by action of debt or assumpsit, in which it shall be sufficient to declare generally for so much money due by virtue of this Act to the said Mayor, Aldermen, and Commonalty, and every matter may be given in evidence under such general declaration; provided that nothing herein contained shall affect any agreement between landlord and tenant, or any other contracting parties,

respecting the payment of any such assessment or charges, but they shall be answerable to each other in the same manner as if the provisions in this Act contained concerning the same had never been made; and if any money so to be assessed, be paid by, or collected, or recovered from any person or persons, when by agreement or by law the same ought to have been borne and paid by some other person or persons, it shall be lawful for the person or persons paying the same, or from whom the same shall be recovered, by distress, suit, or otherwise, to sue for, and recover the money so paid by or recovered from him or them, with interest and costs, as so much money paid for the use of the person or persons who ought to have paid the same, and the said report of the Commissioners, with proof of payment, shall be conclusive evidence in the suit.

8. It shall be competent and lawful for any three of such said Commissioners, so to be appointed, to proceed to and execute and perform the trusts and duties of their said appointment, and their acts shall be as valid and effectual as the acts of all the said Commissioners so to be appointed for such said purposes if they had acted therein would have been, and further that in all cases the acts, decisions, and proceedings of the major part of such of the Commissioners to be appointed for the purposes aforesaid as shall be acting in the premises, shall always be as binding, valid, and effectual as if the said Commissioners named and appointed for such purpose had all concurred and joined therein.

9. If the owner or owners, lessees, parties, and persons interested in the water lots lying to the westward of Nelson and Smyth Streets, between the south line of Union Street and the north line of lots leased by the Corporation, fronting on the North Market Wharf, shall be permitted by the Mayor, Aldermen, and Commonalty of the City of Saint John to extend their wharves and erections into the Harbour, then and in such case the said Commissioners shall be at liberty to take such extension into consideration in their assessment for loss and damages arising from the opening and extending of Smyth Street to the North Market Wharf as aforesaid.

10. The Commissioners to be appointed under and by virtue of this Act, who shall enter upon the duties of their appointment, shall each be entitled to receive such sum for each day

they shall respectively be actually employed in the duties of their appointment, as the said Mayor, Aldermen, and Commonalty in Common Council shall name, to be paid by the said Mayor, Aldermen, and Commonalty, and included in the before mentioned sums of money, and considered as part of the disbursement and expenses incurred by virtue of this Act, besides all reasonable expenses for maps, surveys, and plans, clerk hire, and other necessary expenses and disbursements.

3rd VICTORIA-CHAPTER 38.

An Act to authorize the Justices of the Peace in and for the City and County of Saint John to erect a building in the said City for a Common Gaol, and to raise a sum of money for erecting and completing the same.

Section.

1. By whom Gaol to be contracted for, &c. 2. What sum may borrow for, &c.

3. Certificates, &c. to be negotiable. 4. How loan to be paid.

Section.

5. Duty of Treasurer on paying off loan and interest.

6. Allowance to Treasurer.

Passed 25th March 1840.

Be it enacted, &c.-1. The Justices of the Peace for the City and County of Saint John, at any General Sessions of the Peace hereafter to be holden, or at any Special Sessions to be for that purpose convened, or the major part of them so assembled, be and they are hereby authorized and empowered, by themselves, or by one or more Committees of Management for that purpose to be appointed, to contract and agree with able and sufficient workmen for erecting and finishing a building within the said City, suitable and proper for a common gaol, for such sum and sums of money, not however exceeding in the whole the sum of five thousand pounds, and in such manner and form as shall be approved of by the said Justices.

2. The said Justices at any General Sessions of the Peace for the said City and County, be and they are hereby authorized and empowered to borrow such sums of money as may from time to time be required for the erecting and completing of the said building, not exceeding in the whole the sum of three thousand pounds, to be paid off and discharged in manner hereinafter mentioned, the same to be taken in loans of not less than one hundred pounds, and that Certificates or Notes in the following form, or to that effect, shall be prepared and

delivered to the persons from whom such loans may be obtained, to wit:

Number

City and County of Saint John, ss.-These are to certify that [here insert residence and addition of lender] hath lent and advanced to the Justices of the Peace for the said City and County the sum of one hundred pounds currency, which sum is payable to him, or to his order, together with interest at and after the rate of per centum per annum, pursuant to an Act of Assembly made and passed in the third year of the Reign of Her Majesty Queen Victoria, intituled An Act to authorize the Justices of the Peace in and for the City and County of Saint John to erect a building in the said City for a Common Gaol, and to raise a sum of money for erecting and completing the same.-Dated the day of in the year of our Lord one thousand eight hundred and forty By order of the Sessions.

C. D. Clerk.

A. B. Presiding Justice.

Which same certificates or notes shall be signed by the Justice presiding at the said Sessions, and countersigned by the Clerk, and shall be respectively numbered according to the time in which the same may be made and issued, and a memorandum thereof shall be duly entered by the Clerk in the Minutes of the said Court.

3. The said certificates or notes shall be negotiable in the same manner as promissory notes, and the holders thereof shall be entitled to receive interest for the same annually, to be paid by the Treasurer of the said County out of the assessments hereinafter mentioned.

4. It shall and may be lawful for the said Justices of the Peace of the said City and County, and they are hereby authorized and required to make a rate and assessment each and every year of such sum of money, besides the charge for assessing and collecting, as will discharge the interest of the loan contracted by virtue of this Act, until the total amount of the loan and all interest thereon heretofore obtained by virtue of the Act of Assembly made and passed in the ninth year of the Reign of His Majesty King George the Fourth, intituled An Act to authorize the Justices of the Peace of the City and County of

Saint John to raise a sum of money for completing the Court House of the said City and County, and until the total amount of the loan, and all interest thereon heretofore obtained or to be obtained by virtue of the Act of Assemby made and passed in the first year of the Reign of Her Majesty Queen Victoria, intituled An Act to authorize the Justices of the Peace in and for the City and County of Saint John to establish a House of Correction for the said City and County, and to extend the provisions of two Acts of Assembly to the same, are severally paid off and discharged; and from and after the time of payment and discharge of the total amount of such several loans so contracted by virtue of the said several Acts, it shall and may be lawful for the said Justices, and they are hereby authorized and required to make a rate and assessment not exceeding four hundred pounds in each and every succeeding year, besides the charge for assessing and collecting, for the purpose of discharging the principal and interest of the loans contracted by virtue of this Act, until the same shall be paid off; all which said several sums of money are to be assessed, levied, collected, and paid in such proportion and in the same manner as other County rates for public charges are or may be assessed, levied, collected, and paid under and by virtue of any Act or Acts made or to be made for assessing, levying, and collecting rates for public charges.

5. The moneys so to be assessed as aforesaid shall from time to time be applied, after discharging the yearly interest due on the several loans contracted by virtue of this Act, to the payment of the principal sums mentioned in such certificates or notes, in due order according to the numbers, beginning with number one; and the Treasurer of the said County shall from time to time give one month's public notice, by advertisement in one of the Newspapers published in the said City, for calling in such and so many of the certificates or notes as he is prepared to pay off, specifying the numbers in such advertisement, and that from and after the expiration of the time mentioned in the said notice, the interest on such certificates or notes shall cease.

6. The County Treasurer shall be entitled to have and retain. the sum of one pound per centum on every one hundred pounds, for his services in receiving and paying the said moneys so to be assessed under the provisions of this Act, and no more.