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 any or either 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 purpose, if they had acted therein, would have been; and 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. 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 convened, shall name, to be paid by the said Mayor, Aldermen, and Commonalty, and included in the before mentioned sums of money, and considered 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 disburse ments. 10. When and so soon as all or any of the buildings on the west side of Cross Street, between Church and King Street, shall be removed, pulled down, or destroyed, or it shall be deemed expedient by the Mayor, Aldermen, and Commonalty of the City of Saint John, that the said Cross Street should be widened, then in either of such cases it shall be lawful for the Governor in Council to appoint Commissioners in like manner, and with like powers and authorities as are herein contained, who shall under the like provisions in all respects as are herein contained, proceed to the opening of such street, which shall be opened to the width of a prolongation of the proposed west line of the street to be opened hereunder, and which will be parallel with Prince William Street, one hundred and ninety feet distant therefrom, and all the provisions of this Act shall be as applicable in all respects, as if this Act had been passed for the widening f Cross Street, and the provisions therein made specially applicable thereto. CAP. XI. An Act to quiet the Titles to certain Lands in Queen's Section. County. 1. Certain Crown Grants of Land may be made. Section. 2. Certain Grants confirmed. WHEREAS difficulties have arisen between the owners of a part of the Grant to Garret Jacobus and others, in the Parish of Wickham, in Queen's County, and the grantees of land adjoining, in consequence of an error in the description of the line dividing them; and the parties concerned have agreed to certain arrangements for the settlement of said difficulties recommended in the report made to His Excellency the Lieutenant Governor by the Honorable George Hayward, on the twentieth day of November in the year of our Lord one thousand eight hundred and fifty two; Be it therefore enacted by the Lieutenant Governor, Legislative Council, and Assembly, as follows: I. The Governor in Council, in order to carry the said report of the said Honorable George Hayward into effect, may issue grants of Crown Land to the persons named in the accompanying Schedule, their representatives or assigns, and of the number of acres therein specified, without auction, and without payment of purchase money. 2. Any grant of land already issued to any person specified in the Schedule annexed, in accordance with said Report, shall be valid. 3. This Act shall not come into operation or be in force until the first day of September next. An Act to divide the Shire Town of Woodstock, in the County of Carleton, into two separate Districts for Road and Fire purposes. 1. Woodstock Parish divided for certain 3. Commissioners of Highways, appointment purposes. 2 Moneys levied, where to be expended. and election of. Passed 3rd April 1855. Be it enacted by the Lieutenant Governor, Legislative Council, and Assembly, as follows: 1. That all that part of the Parish of Woodstock commencing on the northerly side of Lane's Creek, so called, in said Parish, thence southerly along the River Saint John to the lower side of Upham's Creek, so called, in said Parish, and extending back or westerly from said River one mile, be sundivided into two separate and distinct parts or districts for road and fire purposes, by a line commencing at the said River Saint John, and at the upper boundary line of land owned and occupied by the late Anthony Baker in his life time, and running westerly or back from the said River along the said upper boundary line one mile, said parts or districts to be called and known as the upper and lower districts in the said part of the Parish of Woodstock. 2. The moneys assessed, levied, and collected in said districts respectively for road and fire purposes, shall be laid out and expended in the said districts respectively in which they may be so levied and collected, and not elsewhere. 3. Any two Councillors shall be authorized to appoint one additional Commissioner of Highways for the said lower district for the year one thousand eight hundred and fifty five; and hereafter one Commissioner of Highways shall be elected or appointed for each of the said districts at the time of the election or appointment of Parish officers, CAP. XIII. An Act in amendment of an Act intituled An Act to incorporate the South West Boom Company. Section. 1. Section 6 of 10 V. c. 72, repealed. Section. 2. Rate of charges for securing Lumber in the Boom. Passed 3rd April 1855. WHEREAS in and by the said recited Act the Company are required not only to boon and secure, but to raft in a subtantial manner all timber, logs, and other lumber floating down the South West Branch of the Miramichi River into the Booms of the said Company: And whereas it has been found that by requiring the Company to raft the timber, logs, or other lumber, has been attended with inconvenience and delay, not only to the Company, but also to the lumbermen and those interested in the Lumber trade: And whereas it has been concluded by the said Company to apply for an amendment in the Charter of the said Company, by repealing that part of the said Act compelling the said Company to raft, and to continue and limit the powers of the Company under the said recited Act to booming and securing all timber, logs, or other Jumber floating into the said Booms as aforesaid ; Be it therefore enacted by the Lieutenant Governor, Legislative Council, and Assembly, as follows: 1. That the sixth Section of the said recited Act be and the same is hereby repealed. 2. That the Company shall be entitled to receive the sum of six pence per ton for each ton of square or sided timber or other lumber, and a sum of one shilling per thousand for each and every thousand superficial feet of logs or other lumber floating down the said River they shall secure in the Boom or Booms of the said Company, such payments to be in full for booming and securing the said timber, logs, or other lumber. CAP. XIV. An Act further to increase the Capital Stock, and to continue and amend the Act to incorporate the Fredericton Boom Company. |