Section. 3. Party wall. 4. How reimbursed for building. 5. Restrictions as to enlarging, &c. Section. 6 & 7. Repealed. 8. Penalties for breach of Act. 9. Buildings against Act, what deemed. Passed 20th September 1839. Be it enacted &c.-1. All dwelling houses, store houses, and other buildings, excepting as hereinafter excepted, which from and after the passing of this Act shall be built, erected, or set up in the City of Saint John, within the limits hereinafter mentioned and described, that is to say-Beginning at the southern extremity of Prince William Street, where it intersects the northern line of Saint James Street, thence along Prince William Street to Princess Street, thence along Princess Street to Germain Street, thence along Germain Street to Union Street, thence along Union Street to George Street, thence along George Street to Pond Street, thence along Pond Street to Mill Street, thence along Mill Street northwardly to the entrance of Smyth Street, thence along Smyth Street to Nelson Street, thence along Nelson Street, crossing the Market Slip, to Ward Street, thence along the said last mentioned Street and a prolongation of the western line thereof southwardly until it strikes the southern line of the Ferry Slip at the foot of Princess Street, thence along the said last mentioned line to Saint John Street, thence along Saint John Street and a prolongation of the western line thereof southwardly until it intersects the prolongation of the northern line of Saint James Street, and thence along the said last mentioned prolongation to the place of beginning, and also in and upon all the lots of ground adjoining thereto to the depth of forty feet on the eastern side of Prince William Street, Germain Street, George Street, and Mill Street, the south side of Princess Street, the north sides of Union Street and Pond Street, two hundred feet on the western side of Smyth Street, not less than thirty feet on the western sides of Nelson Street and Ward Street, and one hundred feet on the western side of Saint John Street, terminating at the foot of Duke Street, shall be made and constructed of stone or brick, or other non-combustible material, with party or fire walls rising at least twelve inches above the roof; and the roof of every such dwelling house, store house, or other building, shall be covered on the outside with tile or slate, or other safe materials against fire, and not with boards or shingles; provided that this Act shall not be construed to extend to buildings or erections not exceeding fifteen feet in height from the ground or level to be determined on by the City authorities, to the peak or highest part of such buildings or erections; provided also, that all steeples, cupolas, and spires of public buildings, where such building shall stand at least ten feet from any and every other building, may be covered with boards or shingles. 2. From and after the passing of this Act, no wooden building, store house, or other erection of what nature or kind soever, shall be built, erected, or set up on the eastern side of the Harbour of the said City to the westward of the limits and lots of ground adjoining thereto hereinbefore mentioned or described, of a greater height than thirty feet from the bottom of the sill to the highest point of the roof, the bottom of the sills to be elevated not more than eighteen inches above the level of the street or wharf whereon the said building, store house, or erection may stand, or above the point where such level may be determined on by the said City authorities; the posts to be not more than twenty feet, the roof to be covered with slate or other non-combustible material, to be of a regular pitch from the eaves to the ridge, with a straight rafter, and to have at least one scuttle in the same; provided also, that between every two such wooden buildings, store houses, or erections, the sites whereof shall be vacant at the time of the passing of this Act, or may hereafter become vacant, there shall be a partition wall of brick at least eight inches in thickness, to extend not less than twelve inches above the roof; provided also, that nothing herein contained shall be construed to prevent the owner or owners of any wooden building authorized by this Section of this Act, whereof the side line or depth from the front of the building on the street exceeds thirty five feet, to make a portion of the roof flat on the top, according to the following scale Buildings whereof such side line or depth exceeds thirty five feet and does not exceed forty feet, the width of such flat shall not exceed five feet; buildings whereof such side line or depth exceeds forty feet and does not exceed forty five feet, the width of such flat shall not exceed eight feet; buildings whereof such side line or depth exceeds forty five feet and does not exceed fifty feet, the width of such flat shall not ex ceed twelve feet; buildings whereof such side line or depth exceeds fifty feet the width of such flat shall not exceed fifteen feet. 3. One half of every such party wall between house and house, or between other buildings, shall be built on the ground or site of one of the adjoining houses or buildings, and the other half thereof shall be built on the ground or site of the adjoining houses or buildings; and it shall and may be lawful for the first builder of any such party wall, and for the workmen employed in building the same, to enter upon the ground adjoining thereto, in order to the building such party wall in the manner aforesaid. 4. The person or persons at whose expense any party wall shall be built agreeably to the directions of this Act, shall be reimbursed one half of the expense incurred in such party wall, by the owner or owners of the adjoining property who shall make use of the said wall, and such moiety or half part of the expense incurred in erecting such party wall may be recovered, together with full costs of suit, by action of debt or assumpsit, in any of Her Majesty's Courts of Record in this Province. 5. No dwelling house, store house, or other buildings of wood, at present standing or being within the fire limits described in this Act, shall hereafter be raised, enlarged, or built upon, nor shall any wooden building exceeding the height mentioned in the proviso contained in the first Section of this Act, be hereafter removed from one lot or place to any other lot or place within such fire limits as the same are by this Act established, or may hereafter be extended. 6 & 7. Repealed by 3 V. c. 75. 8. From and after the passing of this Act, if any dwelling house, store house, or other building whatsoever, shall be built, erected, raised, enlarged, removed, or roofed contrary to any of the provisions of this Act, the proprietor or proprietors thereof shall for every such offence forfeit and pay the sum of five hundred pounds; and every builder or other person who shall build, erect, raise, enlarge, remove, or roof, or assist in building, erecting, raising, enlarging, removing, or roofing such dwelling house, store house, or other building, shall for every such offence forfeit and pay the sum of two hundred and fifty pounds, to be recovered with costs of suit in any Court of Record within this Province, by the Treasurer or Chamberlain of the said City of Saint John, for the use of the poor thereof, and when recovered shall be appropriated in the same manner as the moneys raised by tax for the maintenance of the poor of the said City are by law directed to be applied. 9. Any such dwelling house, store house, or other building, which after the passing of this Act shall be built, erected, raised, enlarged, removed, or roofed within the limits and the lots of ground adjoining thereto, herein before described, contrary to the provisions of this Act, shall be deemed, and the same is hereby declared to be a common nuisance. 10. The several Streets mentioned in this Act shall be taken and deemed to mean the same respectively as at present laid out, without reference to any intended alterations in the lines or courses of the same. 3rd VICTORIA-CHAPTER 2. An Act to authorize the widening and enlarging of certain Streets in the City of Saint John, and of laying out other Streets therein. WHEREAS by the late disastrous fire in the City of Saint John, all the buildings and erections, with a few exceptions, within that district which is bounded eastwardly by Prince William Street, southerly by the Market Place and Slip, westwardly by the Harbour of Saint John, and northerly by Union Street, were destroyed; and it is advisable to widen and enlarge the following Streets in the said district, that is to say, Dock Street and Nelson Street, and also to open and lay out a new Street in the said district in continuation of Smythe Street southwardly, until it meets the North Market Wharf; Be it therefore enacted &c.—1. It shall and may be lawful to and for the Lieutenant Governor or Commander in Chief for the time being, by and with the advice of Her Majesty's Executive Council, to nominate and appoint, and also to reappoint and supply as it may be necessary or expedient, three or more discreet and disinterested persons Commissioners for the purpose of performing the duties hereinafter in that behalf prescribed; which said Commissioners, before they enter on the performance of the duties of their appointment, shall severally take and subscribe an oath or affirmation before any Justice of the Peace in and for the City and County of Saint John, faithfully to perform the trust and duties required of them by this Act. 2. It shall be the duty of such Commissioners forthwith to enter on the duties of their appointments, and cause a survey and plan of said district to be made and prepared, and to fix and decide upon the best mode and method of widening, extending, altering, straightening, and enlarging Dock Street and Nelson Street aforesaid, and also of laying out and opening the said new street in continuation of Smyth Street southwardly until it meets the North Market Wharf, and for that purpose the said Commissioners shall have full power and authority to enter in and upon the lands and tenements in the Isaid district, and to determine and decide where and in what manner such streets respectively are to be widened, extended, altered, straightened, enlarged, opened, and laid out. 3. The said Commissioners so soon as they shall have caused such survey and plan to be made, and shall have decided where and in what manner such streets respectively are to be widened, extended, altered, straightened, enlarged, opened, and laid out, shall proceed to make a just and equitable estimate and assessment of the value of the lands, tenements, and hereditaments required for widening, extending, altering, straightening, enlarging, opening, and laying out such streets respectively, and shall assess and apportion three fourth parts of the amount of such estimated value on all the parties interested in any lands, tenements, and hereditaments within the said district, including the parties interested in such lands, tenements, and hereditaments required for the purposes of such streets respectively, according to their best discretion, in proportion to the benefit accruing to such parties respectively from the improvement of the said streets, and shall thereupon file the said plan with the |