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dred tons, whether trading between any of the above Colonies (Newfoundland excepted) and a Port in this Province, shall only pay Harbour Master's fees four times in any year at one Port.

4. The Harbour Master shall enforce the regulations, and prosecute in his name for all breaches thereof, and furnish any Pilot of the port and the master of every vessel he may take in charge with a copy thereof. See Acts of Canada, 36th Victoria, Chapter 9, and 38th Victoria, Chapter 30.


Section 1.-Railway Companies restrained, from what. 1. No Railway Company shall construct or maintain any tunnels, bridges, passages, or other works,over or under any navigable river or canal in this Province, having a tendency to impede the free navigation of the same.

See Acts of Canada, 39th Victoria, Chapter 15.



Section. 5 What dams to have fishways. 7 Neglect of owner,&c.,punishment 6 When notice to owner.


8 Fines, collection. 5. In all dams erected across any River situate wholly or in part in this Province, which has been or may be resorted to by fish from the sea at the season of spawning, there shall be a fishway sufficient for such fish to pass up and return without any hindrance.

6. If any such dam shall at any time be without such fishway, the Overseers of the Fisheries shall give notice in writing to the owner or occupier thereof, to make a sufficient fishway therein within forty days after such notice.

7. Should such owner or occupier neglect to comply with the terms of such notice, the said dam shall be thenceforth

a public nuisance,and such owner or occupier thereof, being convicted on an indictment therefor before the Sessions, shall be fined not less than twenty nor more than forty pounds, and the nuisance shall be sorthwith abated by order of the Court.

8. If such owner or occupier neglect to pay such fine, the Sessions shall issue a warrant for levying the same by distress and sale of the offender's goods; if none can be found, the offender may be committed to gaol for four months unless the fine be sooner paid.

See Acts of Canada, 31st Victoria, Chapter 60, s. 12.

28th VICTORIA-CHAPTER 36. An Act to amend an Act to provide for the erecting an Alms House

and Work House, and to establish a Public Infirmary in and for the City and County of Saint John. Section 1 - Vagrants, how dealt with.

Passed 8th June 1865. Be it enacted, f-c.-1. In addition to the power now vested in the Commissioners of the Alms House for the City and County of Saint John, it shall be lawful for any policeman or constable in the City of Saint John, and such policeman or constable is hereby required to arrest on view any vagrant or person begging or seeking alms in any street, highway, or thoroughfare in the said City, or at the door of or within any office, shop, store or workshop, or dwelling house, or found lurking in or on any area, yard or enclosure around any dwelling house, whether male or female, child or adult, and to take such person so arrested before the Police Magistrate for the City of Saint John,and such Police Magistrate is hereby authorized to commit such person by his warrant to the Alms House for the City and County aforesaid, to be dealt with as hereinafter provided.

30th VICTORIA-('HAPTER 48. An Act furtber o amend the Acts relating to the Alms House for

the City and County of Saint John, with respect to Vagrants and

Beggars. Section.

Section. 1 Commitment of prisoners. 3 Sessions to make further regula. 2 Mode of confinement, diet, &c. tions. Repeal.

Passed 17th June 1867. Be it enacted, 8c.-1. It shalland may be lawful for the Police Magistrate of the City of Saint John, and he is hereby required, whenever he shall commit any person by his warrant to the Alms House of the said City and County, under the provisions of the Act of Assembly passed in the twenty eighth year of the Reign of Her present Majesty, intituled An Act to amend an Act to provide for the erecting of an Alms House and Work House, and to establish a Public Infirmary in and for the City and County of Saint John, to prescribe in the said warrant the time for which sach person shall be detained in the said Alms House, having regard to the age and sex of any such person, and the number of commitments which from time to time may have been previously ordered by him of such persons, under the said recited Act; but not to exceed for each time a longer period than three calendar months.

2. The mode of confinement, diet and labour for each person so committed while in such Alms House under such warrant, shall be the same as by law is now directed for the ordinary inmates of the said Alms House of the like age and sex.

3. Any further regulations which may be necessary for the government of persons confined under any such warrant, shall be made by the General Sessions of the Peace for the said City and County from time to time, and annulled or altered by them as occasion may require ; and the Keeper of the said Alms House, and all other persons connected with the management thereof, are hereby required to receive, detain and provide for the person so confined, as hereby enacted and may be ordained under the authority of this Act; and all regulations made under the said recited Act are hereby annulled ; and the second Section of the said Act is hereby repealed.

See Acts of Canada, 32nd and 33rd Victoria, Chapter 28, and 37th Victoria, Chapter 43.


Section 2.—Desecrating the Lord's Day. 2. Whoever shall openly desecrate the Lord's Day, commonly called Sunday, by shooting, gaming, sporting, playing, hunting, drinking, or frequenting tippling houses, or by servile labour (works of mercy or necessity excepted), shall for every offence pay a fine not exceeding forty shillings, or be committed to gaol for a term not exceeding four days.



Section. 1 Drunkenness.

4 Disorderly house. 2 Incest.

5 Lotteries. 3 Adultery.

1. Whoever shall be convicted of drunkenness either upon view, or on evidence before a Justice, shall for each offence pay a fine of not less than five nor more than twenty shillings, and in default thereof shall be imprisoned for a period of not less than twelve hours, nor more than four days, at the discretion of such Justice.

2. Whoever shall commit incest, shall be guilty of a misdemeanor, and be imprisoned for a term not exceeding fourteen years.

3. Whoever shall commit adultery, shall be guilty of a misdemeanor, and shall pay a fine not exceeding one hundred pounds, or be imprisoned for a term not exceeding two years.

4. Whoever shall keep a common gaming, bawdy, or other disorderly house, room, or place, shall be guilty of a misdemeanor, and be imprisoned for a term not exceeding two years; and whoever shall appear to act or behave as the master or mistress, or as having the care or management of any such house, room, or place, or the owner or landlord letting the same for any such purpose, shall be deemed the keeper thereof, and be liable to the aboye punishment.*

5. Whoerer shall set up, or publish the setting up of any

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lottery, or induce any person to purchase tickets for, or shall play at, or purchase or possess any interest in such lottery, shall be guilty of a misdemeanor, and shall be fined or imprisoned, at the discretion of the Court. * * *

*See post, Revised Statutes, Chapter 156, s. 20 ; and Acts of Canada, 32nd and 33rd Victoria Chapter 28; 37th Victoria Chapter 43; and 40th Victoria Chapter 33.



Section. 2 Unauthorized person celebrating 4 Penalty for not signing certificate,

or assisting at a marriage. 3 Authorized persons celebrating 5 Penalty for receiving fee for Marwithout banns or license.

riage License, when. 2. Whoever, not being duly authorized, shall presume to solemnize, or assist in the solemnization of any marriage between any persons whomsoever,shall be guilty of a misdemeanor, and shall be imprisoned for any term not exceeding twelve months, and pay a fine not exceeding one hundred pounds.

3. Whoever, being duly authorized, shall solemnize marriage between any persons whomsover, before proclamation of banns according to liw, unless a license for such marriage be first duly obtained,or shall knowingly solemnize marriage where either party is under the age of twenty one years, without the cons'nt of father or guardian, shall b: guilty of a misdemeanor, and shall pay a fine of twenty pounds. The prosecution for such penalty to be commenced within twelve months from the committing of the offence.

4. Whoever shall refuse to make or sign the Certificate of marriage required by law, or shall neglect to transmit the same when signed to the Clerk of the Peace, or to register the same when received, shall for each offence forfeit the sam of twenty pounds.

5. No person shall receive a fee for any Marriage License until the delivery of the license to the party applying for the game, under the penalty of twenty pounds.

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