and thirteenth Sections of an Act made and passed in the seventh year of the Reign of His Majesty William the Fourth, intituled An Act to provide for the collection of County and Parish Rates, shall be held to apply to and be in force in respect of any assessment ordered and made by the Mayor, Aldermen, and Commonalty of the City of Saint John, under this Act, and any proceedings taken under such assessment.

22. It shall and may be lawful for any watchman, policeman, special constable, or constable within the said City, to take into custody without warrant, all night walkers, rogues, vagabonds, loose, idle, and disorderly persons, whom he shall find disturbing the public peace, (or whom he shall have just cause to suspect of having committed or being about to commit any felony, misdemeanor, or breach of the peace,) and all persons whom he shall find between the hours of nine o'clock P. M. and five o'clock A. M. during the months of March, April, May, June, July, August, September, and October, or between the hours of seven P. M. and six A. M. during the months of November, December, January, and February, lying or lurking in any highway, yard, or other place, and not giving a satisfactory account of themselves; and also to take into custody without warrant as aforesaid, any person who in the City aforesaid, shall be charged by any other person with committing any aggravated assault, in every case in which such constable or other officer shall have good reason to believe that such assault has been committed, although not within view of such constable or officer, and that by reason of the recent commission of the offence, a warrant could not have been obtained for the apprehension of the offender, in order that such person may be secured until he can be brought before a Magistrate to be dealt with according to law.

23. And for the protection of persons acting in the execution of this Act and the Acts hereafter in this Section recited ;All actions and prosecutions to be commenced against any person for any thing done in pursuance of, or in the execution of the powers and authorities under this Act, or an Act made and passed in the seventh year of the Reign of His late Majesty William the Fourth, intituled An Act to provide for increasing the number of Constables in the City of Saint John, and for appointing Special Constables in the City and County

of Saint John; or an Act made and passed in the fifty sixth year of the Reign of George the Third, intituled An Act to increase the number of Constables in the City of Saint John, or against any constable or marshal appointed under the provisions of the Charter of the City of Saint John, shall be laid and tried in the County where the fact was committed, and shall be commenced within three calendar months after the fact committed, and not otherwise; and notice in writing of such action, and of the cause thereof, shall be given to the defendant one calendar month at least before the commencement of the action; and in any such action the defendant may plead the general issue, and give this Act, and the said recited Acts, and the special matter in evidence at any trial to be had thereupon; and no plaintiff shall recover in any such action if tender of sufficient amends shall have been made before such action brought, or if a sufficient sum of money shall have been paid into Court after such action brought, by or on behalf of the defendant; and if a verdict shall pass for the defendant, or the plaintiff shall become nonsuit or discontinue any such action after issue joined, or if upon demurrer or otherwise judgment shall be given against the plaintiff, the defendant shall recover his full costs as between Attorney and client, and have the like remedy for the same as any defendant hath by law in other cases; and though a verdict shall be given for the plaintiff in any such action, such plaintiff shall not have costs against the defendant, unless the Judge before whom the trial shall be had shall certify his approbation of the action, and of the verdict obtained thereupon.

24. An Act made and passed in the fourth year of the Reign of His Majesty William the Fourth, intituled An Act more effectually to provide for the support of a Nightly Watch in and for lighting the City of Saint John, and for other purposes, and all Acts continuing the same, be and the same are hereby repealed, except as to any rates, assessments, or taxes made or imposed, or penalties incurred under the said Acts; all which rates, assessments, taxes, or penalties may be recovered in the same manner as if this Act had not been passed.

25. This Act shall continue and be in force until the first day of May which will be in the year of our Lord one thousand eight hundred and fifty three.

11th VICTORIA-CHAPTER 29.

An Act to amend an Act for the amendment of the Charter of the City of Saint John.

Section.

1. Section of certain Act in part repealed.

Section.

2. Salary of Common Clerk, &c.

Passed 30th March 1848.

WHEREAS in and by the eleventh Section of an Act made and passed in the sixth year of Her present Majesty's Reign, intituled An Act for the amendment of the Charter of the City of Saint John, it is enacted that the salary of the Common Clerk of the said City shall be settled, adjusted, and determined by the Common Council of the said City, provided that the salary of the Common Clerk so to be settled should not be less than five hundred pounds: And whereas the salary of five hundred pounds is greater than is sufficient to provide for the efficient discharge of the duties of the Common Clerk;—

Be it therefore enacted, &c.-1. So much of the said eleventh Section of the said recited Act as relates to the salary of the said Common Clerk, be and the same is hereby repealed; and in lieu thereof,

2. The salary of the said Common Clerk of the said City of Saint John shall be settled, adjusted, and determined by the Mayor, Aldermen, and Commonalty of the City of Saint John, in Common Council convened; provided always, that the salary of the said Common Clerk so to be settled shall not be less than the sum of three hundred and fifty pounds, which salary shall be in lieu and substitution of all fees by him receivable under and by virtue of his said office of Common Clerk; and further provided, that nothing herein contained shall prevent the said Common Clerk from receiving or retaining to his own use all fees by law receivable by him as Clerk of the Peace and of the Sessions of the Peace, and Clerk of the Inferior Court of Common Pleas of the said City and County.

11th VICTORIA-CHAPTER 30.

An Act to amend an Act to provide for increasing the number of Special Constables in the City of Saint John, and for appointing Special Constables in the City and County of Saint John.

WHEREAS certain provisions of an Act made and passed in the seventh year of the Reign of His late Majesty King William the Fourth, intituled An Act to provide for increasing the number of Constables in the City of Saint John, and for appointing Special Constables in the City and County of Saint John, are not found sufficient for the purposes of the said Act;

Be it therefore enacted, &c.-1. The seventh Section of the said recited Act be and the same is hereby repealed.

2. In all cases where it may be found necessary under the provisions of the said Act to appoint and swear in special constables, it shall and may be lawful for the Justices of the Peace for the City and County of Saint John, at any General Sessions of the Peace, or at any Special Sessions to be for that purpose holden, to borrow such sum of money as they in their discretion may deem meet for the purpose of paying and providing for the services and expenses of such special constables, and to order the same, if they shall think fit, to be repaid out of the contingent funds of the said City and County; or to order an assessment to be made upon the said City of Saint John, or upon any Parish or Parishes in the said City and County, for payment thereof; and to order and direct what portion of such assessment shall be raised and levied by a poll tax upon the inhabitants of such City or Parish, for the purpose of paying such sum of money so borrowed for the purposes aforesaid; or in case they shall not see fit, or be unable to borrow money for the purposes aforesaid, to order an assessment to be made for the purpose of meeting the amount of expenses incurred under any of the provisions of the said Act; provided always, that not more than one fourth part of any such assessment shall be levied by such poll tax.

3. The said Justices in General Sessions, or any Special Sessions for that purpose to be holden, shall have power and are hereby authorized to make an allowance to all or any of the constables or other peace officers of the City of Saint John, or City and County of Saint John, for any services by them

performed in the execution of their offices, or in attending any of the Courts held in the City of Saint John, or in apprehending, or searching for, and endeavouring to apprehend any felon or person charged with or suspected of any felony, and to offer and pay any rewards for the apprehension of any felon or person accused or suspected of felony, as the said Justices in their discretion shall think needful in promoting the due and proper execution of the laws and the duties of such officers, and shall order all such sums of money to be paid out of the contingent funds of the said City and County.

4. In case the contingent funds for the year shall not be sufficient, in the opinion of the said Justices in Sessions, to bear any expenses incurred or payable under this Act or the Act of which this is an amendment, it shall and may be lawful for the said Justices to order what amount shall be levied and rated in addition to the annual rate or assessment for the contingent expenses for the said City and County, and to direct that the said additional sum shall be levied and assessed with the said annual contingent assessment, which said additional sum shall be paid into the hands of the County Treasurer for the purposes of this Act when so levied and assessed. 5. Repealed by 13 V. c. 30.

11th VICTORIA-CHAPTER 31.

An Act further to continue an Act intituled An Act to extend the jurisdiction of the Corporation of the City of Saint John, for the regulation of the rates of Pilotage, beyond the limits now prescribed by Charter.

Section 1.-Continuation of Act.

Passed 30th March 1848.

Be it enacted, &c.-1. An Act made and passed in the third year of the Reign of Her present Majesty, intituled An Act to extend the jurisdiction of the Corporation of the City of Saint John, for the regulation of the rates of Pilotage, beyond the limits now prescribed by Charter, be and the same is hereby further continued and declared to be in full force until the first day of May which will be in the year of our Lord one thousand eight hundred and sixty.