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in each and every year draw, haul, or drag any house or building whatever, on or along any part of the said streets or highways in that part of the Parish of Woodstock affected by this Act, shall for each and every offence forfeit and pay a sum of not less than one pound nor exceeding ten pounds, in the discretion of the Justice before whom such offender shall be prosecuted; and any person or persons who shall, within the said period of time, drag or haul on or along any of the streets or highways aforesaid, any log, boards, timber, scantling, or drag, or other thing whatever, without securing the same from touching the said streets or highways, shall for each and every offence forfeit and pay a sum of not less than five shillings, nor exceeding twenty shillings, in the discretion of the Justices before whom the offender shall be prosecuted; which penalties, with costs of suit, shall and may be recovered before any one Justice of the Peace for said County of Carleton, upon the oath of one or more credible witness or witnesses, and levied by warrant directed to any constable of the said Parish, by distraining the goods and chattels of the offender or offenders, and when no such effects can be found, to commit the offender or offenders to the common gaol of the County of Carleton, for a period of time not exceeding one day for every ten shillings of the said penalty.

13. The Justices of the General Sessions of the Peace for the County of Carleton shall have power and authority from time to time to make rules and regulations relating to the side walks in the said Parish of Woodstock, for the purpose of promoting the cleanliness of the said Town, and the comfort of its inhabitants, and such rules and regulations to alter, repeal, and amend, and to substitute others in lieu thereof, and to enforce the observance of such rules and regulations by such fines and penalties as in their discretion they may deem meet; provided that no greater penalty than ten shillings shall be imposed for any breach of such rules or regulations, which fines shall be sued for and recovered, with costs, in manner provided for by the twelfth Section of this Act.

14. Whenever any person or persons whatever shall place or cause to be placed upon any of the streets or highways or bridges aforesaid, any logs, timber, boards, wood, scantling, sleds, carts, carriages, wagons, sleighs, dirt, manure, or any

rubbish of any kind, or any obstruction or encumbrance whatever, and shall refuse upon request being made by any inhabitant of that part of the said Parish affected by the said Act, to remove the same from off the said streets or highways, the said person or persons shall upon every such refusal be liable to a penalty of not less than ten shillings, and not exceeding forty shillings, to be recovered with costs in the manner provided by the twelfth Section of this Act.

15. The Commissioners shall have power and authority from time to time to appropriate such sums from the moneys levied and assessed under this Act, for the improvement and protection of the public landings and banks of the River Saint John in that part of the said Parish above described, as they may deem absolutely necessary for the improvement or preservation thereof, when such landings or banks are not within the limits of any highway or street.

16. The Commissioners of highways for the said Parish of Woodstock, or the major part of them, shall on or before the last day of December in each and every year, file with the Clerk of the Peace for the County of Carleton, a correct copy or duplicate of the road list, or the original road list, with a correct account of all the moneys they may have received or expended, specifying the mode of expenditure, with vouchers, and a statement of the balance in hand, if any; also a list of the persons excused, and the cause thereof; a statement of any contract made for work not then performed, with the amount due the contractors; with such other information and statements as will enable their successors in office to ascertain the true state of their engagements and liabilities, in order that the same may be audited in the same manner as other County or Parish accounts; and should any moneys remain in hand, the same shall be paid to their successors in office.

17. A majority of the Commissioners of highways for the said Parish of Woodstock in office at the end of the year for which they shall be appointed, shall be annually re-appointed; provided however that the Justices of the Peace for the said County of Carleton shall have all the power which is ever vested in them by any law now in force in this Province, to remove and displace one or more of the said Commissioners who may be guilty of any malpractice in their office, upon the

same being made to appear and proven to their satisfaction, and to appoint one or more Commissioners in the place and stead of such Commissioner or Commissioners so removed and displaced.

18. In the construction of this Act, the terms "real estate" and "real property" shall be construed to include land and any building or other thing erected on or affixed to land, and any term or terms for years in land; and the terms "personal property" and "personal estate" shall be construed to include all goods, chattels, moneys, and effects, and all debts due from solvent debtors, whether on account, contract, promissory note, bond, mortgage, specialty, judgment, and all public stocks or sureties, and all stocks or shares in joint stock banking or insurance companies; provided always, that nothing herein contained shall extend to render liable to taxation under this Act the real or personal property of any religious, literary, or charitable corporation, society, or institution, or of any joint stock banking or insurance company carrying on business in that part of the Parish of Woodstock above described.

19. All contracts for repairing or improving the roads, highways, and bridges in that part of the Parish of Woodstock affected by this Act, shall be made by public competition after ten days public notice of the making of such contracts shall have been given by the Commissioners, or the major part of them.

20. The operation of the third, seventeenth, eighteenth, nineteenth, twentieth, twenty first, twenty second, twenty third, twenty fourth, twenty fifth, twenty sixth, twenty seventh, twenty eighth, thirty first, thirty fourth, thirty fifth, and thirty sixth Sections 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, and also the operation of the first, second, third, and sixth Sections of an Act made and passed in the sixth year of the Reign of His said Majesty, intituled An Act in amendment of the Act relating to Highways, and all other provisions of the said recited Acts, so far

as they are inconsistent with the provisions of this Act, be and they are hereby suspended in that part of the Parish of Woodstock affected by this Act, during the continuance of this Act, except so much of the twenty second Section of the said Act, passed in the fifth year of the Reign of His late Majesty King William the Fourth, as provides for the recovery of any penalty; provided always, that all the other provisions of the said several Acts shall, during the continuance of this Act, be and continue in full force and effect in that part of the Parish of Woodstock affected by this Act, as fully to all intents and purposes as if the provisions thereof had been herein specially enacted.

21. The road tax authorized by this Act shall be deemed legal, although the aggregate amount thereof shall exceed the sum ordered to be assessed by the Justices of the Peace as before mentioned, provided the difference shall not exceed twenty per cent.

22. The said Commissioners of highways shall be entitled to retain out of the amount ordered to be assessed under the provisions of this Act, four per centum on the said amount, as a remuneration for their trouble in making the said assessment.

23. Nothing in this Act contained shall be construed to affect the power and authority given by law to the Supervisors of the Great Roads in this Province.

24. This Act shall continue and be in force for four years and no longer.

[*Note. The Acts mentioned in this Section have been since repealed by 13 V. c. 4, s. 1.] ·

10th VICTORIA-CHAPTER 15.

An Act in addition to and in amendment of an Act intituled An Act to provide for the repair of the Streets and Highways in part of the Parish of Woodstock.

Section.

1. How side walks may be improved, &c.
2. Collector of road tax, how remunerated.
3. Attested account by Collector, when
delivered.

Section.

4. False declaration, when a misdemeanor.
5. Non-residents' property when to be
assessed, &c.

6. Provisions of what Act repealed.
7. Limitation.

Passed 12th March 1847.

WHEREAS the laying down of wood or stone upon the side

walks or promenades in that part of the Parish of Woodstock affected by the Act made and passed in the ninth year of the Reign of Her present Majesty, intituled An Act to provide for the repair of the Streets and Highways in part of the Parish of Woodstock, would be of great benefit to the inhabitants thereof;

Be it therefore enacted, &c.-1. Whenever the Commissioners of highways for the said Parish of Woodstock, or the major part of them, shall deem it advisable or necessary to improve the side wilk or promenade in the most populous part of the said Parish affected by the said Act, they shall and they are hereby authorized and empowered to provide one half the expense of making such improvement from any moneys which may hereafter be assessed and collected under the provisions of the said Act, and the other half shall be levied and assessed in manner provided for by the said Act, upon the proprietors of houses and lands abutting on the side walks or promenades so to be improved or immediately benefited thereby; which assessment shall be collected in the same manner and subject to the same provision as the rates prescribed by the said Act are required to be collected.

2. And whereas the remuneration allowed to the Collector of road tax by the provisions of the said Act, is found to be inadequate to the services performed;-Whenever the sum of money ordered to be assessed under and by virtue of the said Act shall not exceed one hundred pounds, the said collector shall be entitled to receive out of the said money for his services a sum not exceeding eight per centum; and for any sum exceeding one hundred pounds, and not exceeding one hundred and fifty pounds, six per centum; and from one hundred and fifty pounds to two hundred pounds, five per centum, in the discretion of the Commissioners of said Parish, or the major part of them, in lieu of the compensation allowed by the said Act.

3. The said collector shall on or before the twelfth day of December in each and every year, make and deliver to the Commissioners of highways for said Parish a declaration in writing, upon oath, (which oath any Justice of the Peace for the County of Carleton is hereby authorized to administer) of the moneys he may collect and receive, under the provisions of

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