by Order of the City council.‘ A Law relating to Highways, Strieets,

Squares and Bridges, and deliuiq the

duties ofthe Surveyor thereof. '

'[Sancli‘tnid, 1:! May I850] BE it enacted by tho»City Council of the,Cit_i of Charlottetown:

Sec, 1. There shall be one fit and proper per- son appointed by the City Council who shall be the Surveyor of Highways, Streets, Squares and Bridges of said City who shall be sworn and give security for the due and faithful por- loriiianoe of the duties of his said ofliee; said surveyor shall receive such salary or compen- sation us the City Council shall hereafter determine upon, and said surveyor shiill retain his oflice during the pleasure of the City Coun-

Tbe said Surveyor may remove all inounibranees upon the streets, prevent cii- crouchnients thcrcon, make repairs, alterations and improvements therein as required; open and make new streets when authorized: make and re} air br3d_,;cs, wharfs and otlzor city pro- pert_v,'tnd cans ~ to be observed the laws touching the streets, bridges, vvliaifs and other city pro- pert_v,or the work to be pt-rforiiicd tlioi'eon_: mil)‘ put up harsaiid fenccs tosliut upstrcct while uti- dergoiitg rcp.iii's. may raise sinks, alter or new- lny drains, \\'iI.lt‘l‘-(‘(llll‘S(‘8, pipes and sewers, causing as little dctriiiicnito individuals as t’ 0 case iiiziy t'l'l!nll of, and iiiay cause the course ofgiittcrs, water-courses and channels running in or through the streets to be altered; he shall have c'tai-go ofiiiil niahc all iiccessary arrange- ments for cleaning the streets, disposing of manure, and removing house dirt and olliil l»il£l":ll‘u!ll, lie sliail keep accounts and records ofall his prociudings and shall furnish accounts proper-l_v vouched whenever required to do so by the City Council; he shall for the information of the City Council keep a register of encroach- meiits in the city whether by drains, sidc- atbs, buildings or otherwise, and shall also eepa register of all plans and full statements of sewers, drains and slips, with record of all surveys of now or unfinished drains or roads; and it shall also be his duty to see that persons shall keep the gutters iind streets before the houses, buildings or tenements occupied by them free from dirt, filth and nuisance ofcvcry kind; and he shall he at all times under tli directions of the City Council. ' c. No person shall be allowed to build a wall, ut u ii fence, or porch, or erect a building ofany kind facing upon the streets of the City, without first liiiving applied to the

_Surveyorafurcsaid,wlio shall give tlielapplicant ‘

a written certificate so to do, which shall be endorsed by the Mayor, stating that he (the Surveyor) has in conformity with the City rc- gulations laid oil‘ said building:-site and granted ermission to put up such building. wall, or ‘once (as the case may be) in compliance with the survey whit: shall describe the line or boundaries ofthe street or streets thereof, and for such certificate, the surveyor shall be en- titled to receive the sum of two shillings and sixpenee, the same to be paid into the hands of the Clerk of the City quarterly by said Surveyor, who shall hand over the amount to the’l'rcasurer or thereof for City urposes: any person who shall be guilty of a reach of this section shall be liable to a fine not exceeding '.l‘cn Pounds. Sec,-l. Until there shall be a survey and lan of the streets of the City, established by aw, itshall be the duty of said Surveyor be- fore granting a certificate, to be guided by the following regulations, viz: he shall not allow or grant permission for the erection of any house, porch, fence, wall, steps, or other erec- tions facing upon the streets of the City to pro- ject outside of the line of houses already built, or outside of the nearest houses adjoiniu right and left as the case in be, or in an upon what has been heretofore considered and use is the street ; if the Surveyor shall be in doubt is to the true line of street, he shall be guided by the plan of the streets mode by e Survc or General George Wright, and kept in the o, co oft Keeper of Plans, which lan shall -be considered as givin the correct ine for'nll Cit purposes, uutilt e same shall altered on s new one substituted. ‘ Sec. . _o erson for the future shall he allowed to build, stforins of any kind on the sidewalks of the ty, without first having ob- tniued

who s grant the some under the followiu re glutions, viz: in all streets of the width 0 0.13101‘ more feet, the platform of wood or om: material shall be twelve feel in breadth, in Ill streets between eighty and sixty feet the platform shall be ten feet in breadth. and in all other streets, oi ht feet shall be the breadth ; if of wood. of go sound wood of not less than three inches; and all platforms shall be on s lovpl. with the street or sidewalk at the place where they may commence and end. . Soc. 6. It s all be the duty of said Surveyor‘ toicnuc tube removed any platform of wood or other material which may not be laid down on a level with the dress or sidewalk and in conformity to the foregoing dimensions, as .11.. go "go" omsopoir on unsafe sidewalk which the owner, thereof slit I refuse to links goody ofhr liulug been uoufiod by said Survey.

to tbereofsholl molest or obstruct the purchaser

he Police Court, and on satisfactory proof bein

rinissioii of the Surveyor oforessid,

Haszanns GAZETTE, MAY" 7.

or so to do, and ‘the cost thereof shall be paid b the owner ivhose property may front thereon, who on noncompliance therewith shall be li-. able to be sued for the amount together with costs before the .’i!ayor's or Police Court

the Mayor shall order payment to tho Surveyor from the City funds for the ex- pense incurred in removing or making good such platform or sidewalk) and in addition tliercto shall be liable to is fine not exceeding Five Pounds.

Sec. 7. No person shall liereiiftor be per- mlttcd to build any cellar-liiitcli or liutclies on the streets or sidcwallis,_aud ever person of- fending against this section shall e subject to be lined daily before the l\liiyor’s or Police Court, so long as the nuisance shim continue, in a sum, not more than five shillings for each offence together with costs, and it shall be the dot of the said Surveyor to tine as above,

aggrieved on notice bcin Surveyor to reinovo any is leged streeto struc- tiou shall have the right of appealing to the Mayor, that lie ma be heard before liitii and the Common couiiei ; and if they deem it expe- dient, they shall repair to the place where such alleged obstruction may lie and their decision thereon shall be final and made known to said Surveyor who shall act in accordance

> .-

tions and sell the materials of the some on the‘ spot without further notice, than that of announcing the some by a City crier, and if no bidders appear, he shall remove the some to some safe and convenient place in the city to be disposed of as the City Council may.sfter- ward direct; any person or resistance thereto shall render imsclfor them- selves liable to the penalties of the tenth sec- tion of this act.

ersons ofiiiring

Sec. 13. . Any person conceiving himself furnished b said

’ravidcd such written notice or

dai y, the party maintaining the obstruction, and on noncompliance the Court to commit him to jail, for iiotmorc than four days for cacti 0 nce.

See. 8. The occupants and owners of houses and shops now having cellar hatches shall render themselves liable to the same line and imprisonment as persons convicted under the foregoing section of this law on falling to coin- ply strictl with the following re ulations:

First. {'0 cellar-hatch shall I0 opened or left open exec t it reasonable time for the pur- pose of receiving into or discharging from the cellar, casks, packages, fuel, refuse or clean- in s: §Scrond. Every ccllar-hatch when closed shall be even with the sidewalks so as not to cause any projection to act as a stumbling- |_il-icl; or annoyance to foot passengers :

'1‘/iiril. The occupant of the shop or house shall be fined,'not more than five shillings for each olfctit-c for being guilty of a breach of the first rcgulation, and in case of refusal to pay, be! liable to imprisonment not exceeding forty- ciglit hours; but the owner of the property only shall be liable to be fined not more than forty shillings, for each breach of the second regulation, or to one month’s iinprisomiiciit.

Sec. Occupants of houses in the (‘ity shall be allowed the privilege of erecting porch- es upon the streets and banking their houses during the time between the first d:iy ofI\'o- vembcr and the first day of May in each year, Provided such pcrclt or banking does not ob- trude more than two feet upon the sidewalk. No porch or hankingsliall be allowed to remain after or before the time above named, any person refusin to remove such banking or porch after the time shall have expired, on notice bein iven to remove the same, shall render themselves liable to a fine of three shil- lings for each and every day so holding the same, or in case of refusal to pay, to be com- mitted to jail for not more than twenty-four hours.

Sec. 10. The Surveyor aforesaid is hereby authorised to cause to be removed any porch, wall, fence, or obstruction of any kind which

io

may obtrude upon or from any use beyond ino of houses in any street of the City; it shall be his duty to furnish the owner or own- ers thereof with a written notice requesting him, her, or them to remove such nuisance or obstruction within thirty days. and in case of noncompliance therewith within the given time, the Surveyor shall summon him, her, or them to a pear before the Mayor's or Police Court, and on conviction of not having com- plied with the said requisition, he, slio or they shall be fined a sum not exceeding tcn cunds together with costs; and the Mayor sha l have authorit to order the Surveyor to sell such obstruction by auction on seven day’s notice being given in any of tlic lslund newspapers, when after due notice, he (the Surveyor) shall proceed to sell the some to the highest bidder, the proceeds arising therefrom shall be handed to the City Clerk to be paid to the Cit Tren- surer at the quarterly payments: and if after thesale of such obstruction, the former owner

-v 3' G «-

in the removal of the nuisance so sold, then the offending party on complaint of tho Surveyor shall be cited to appear at the Mayor’s or

made, such offender shall be committed to jai there to remain for s space of time not exceed- ing sixty days, unless the said party I

bail for good behaviour to the satisfaction of

E

rear of houses, buildin shall be kept clear of dirt, filth, and nuisanco‘shull retain their

of every kind by the ersons oivnin or occupy-' ordered or directs ing the same; and tie owner or ot icr persons: residing nearest to where any filth, lIulsl:tllf‘0 or‘ stables iinde obstruction may have been tlupllt-llt'.‘(.l,\\'llIl shall presiding Councillor shun P;-oven; suffer the same to remain for the space of placin twelve hours between sunrise and sunset, shall other articles in the continuations of the streets forfeit and pay a sum not exeeedin ten sliil- which form public openings to the rivers with- lings for every such twelve hours c, she, or outlicense,nnd any they shall sufier such nuisance to continue.- and every person, who shall pot or place nui- sance ol any kind on any of the streets or squares. shall be subject to the fine and

specified in tho Nuisance Law beside t of the surveyor moving or having such nuisance moved.

the Mayor.

Sec. 11. The purchaser of such obstruction: shall be bound b the Surveyor at the time of sale to remove e article so bought Within 6' given time under a penalty of one thirdof the amount of purchase for each and every day such obstruction may remain over the time

iven for the same, to be recovered before the» fiayoi-’s or Police court and in failing to pay the some, the delinquent to be committed to jail for not more than thirty days: and the curve or shall proceed to give notice of sale and shall sell the some so hereinbeforc directed in the some way, as if it had not been previ- ously . v Sec. 12. If the Surveyor, on oleriog at auction. asbefore stoted,sny wsll, frame. rch. or obstruction of any kind, shall find no b tldors therefor, then he s all sin loy persons at the

cost of the City and pull own such obstruc-

npplicatlon to the Mayor fora. hearing before the Council shall have been made within forty eight hours after the complainant thereto had been served with the notice from said Surveyor to remove such obstruction.

Sec. 14 Provided tilvvay, that nothing con-

tained iii this law relating to obstructions on the streets or public tlioroughf-arcs oftho City shall extend or be construed to extend to prevent any ]'el‘Bull or persons who uiny be erecting or iepairiiig any building wliatcvcr from placing or causing to be placed on the street or strccts, ncxt to the site of such build- ing and imincdiutcly in front of the same any such llll1lt‘l'llllt-‘i as are to be used either in the construction or in tho repairing of such build- ing so that than the gutter or run ft r water or not in any case more than ten feet on the side of the street where such building is hein repaired ; the said space shall be enclosed by it suhst.-intial close fence of not less tli-.iii five feet high: and the in-atcritils aforesaid shall in no manner obstruct the free course of this water in the proper gutters ofthe said street or streets; and ifon cotiiplaiiit thereof it shall appc.-ir that such enclosure is kept up for an iiiircsoiuiblc time, the Mayor shall have power to come the same to be rciiiovcd.

the some do not extend furtlicr

erected

Sec. 15. it till case.-i when uncnclosid lots

or parts of lots within the city are dcciiicd dangerous to pussciigcrsaloiig the streets, l:inc:i and tlioroughfxires thereof, the City Council may, through the Survc-_vor,ordcr the owner, occupant or agent thereof to secure the same

from being dangerous, ofionsivo or otherwise, with it good and sufficient wall or board fence if not less than four and one-half feet high, strong and neatly erected, and to keep the same so erected under it penalt not exceeding forty shillings, and not less than five shillings;

and any owner, occupier or agent ncglcctingi orvrefusing to erect such fence after notice

having been given to erect the same, shall be

subject to it fine, not exceeding forty shillings and the Mayor or presiding Councillor shall order such fence to be erected at the cost of such owner, occupier, or ii ent, who shall be sued for the ssuic in the Court.

ayor’s or Police

See. l6. Any person who shall attempt to

remove, displace or subvert the soil of the streets, lanes, thoroughfares or squares of the City shall subject themselves to a fine, not less than two shillings and sixpence, and not exceed- ing Ten Pounds.

Sec. 17. The gutters and streets in front or

or occupied tenements

penalty (l cost

Sec. 18. The owner or occupier of every

house, outhouse or other building shall cut or ~ cause to passage f

be cut and kept open--u sisficient oi-_tbc water pro nee

premises, and in case o so after being re- by the’ surveyor or any of the

at the cost of t e person so neglecting

OI‘ P0 llllllg.

Sec. 19. Evéry persoiathrowing ice or ow

upon any street or square, shall cause the ‘I to be i-okeivup into small pieces and. spread evenly on the surface of such street or square totho satisfaction of the Survo r or otber;3,.i,|. ,,.| ,y, persons Ippointnd by the . Oi

not exact lug twenty shillings.

Sec. The public pumps. wells, cisterns, reservoirs or l'ountnlri‘i"of the city shall be under the supervision and control of the said Surveyor, who shall receive applications for sinking wells and making, erecting and con. structing pumps, cisterns, reservoirs or foun. toms, and when directed shall advertise and receive tenders relstin’ thereto and mi: mit the same to the City council, sud shall see to the due performance ofcoutracts entered into by the City Council ; he shall see, that the contractor for public pumps and wells duly and faithfully fulfils tho_ severslportions of his contract reslpccting and pain and wells and shall regu iirly report to t a Mayor oi- 1’ol_ice ofiice all persons committing nuisance 0}‘ In_|ury about or upon such pumps and ivells tor _the purpose of their apprehension and, punishment.

Sec. 21. The City Council may appoint one or more persons, as public Scavengers. who under the direction and supervision of the burveyor shall gather all manure, filth or sur- plus soil of-.iiiy kind on the streets, squares or tliorouglilsrcs, and do osit the same in

lace or places as may lie directed or npptiihgzg and said manure or surplus shall be sold to the highest hidden and tho rocecds arising thorefroin shall compose part the city f‘urids.

See. All male residents of the city llL'l\\'C(‘ll the ages ofsixteen _nnd sixty years. not etlierwisc assessed as house-licldcrs'or ropri- etors, who are liable to pay a rate or dhty as coimnutstion ‘for road labor-—iii and by the Act oflncorporation, of four shillings each for or toward the expense ofrepnlring the Highways, stt-cots, squares and bridges of the City, shall pay the same _to the City Collector; and such rate or -duty for all such persons between the ages of sixteen and twenty-ono years shall be paid by the parents of such persons respectively in all cases wlicro sucli parents shall retain the ordiiiury control and derive the ordinary services of persons within such aces, and the rate or duty of all apprentices shall be paid by their masters : but every master shall nevsrthee less be entitled to retain such amount out of: any wages by hiiu payable to such apprentice over and above any suiii allowed for board, lodging and clothing only. ‘

Sec. 23. Every housekeeper within the City and every master or actual employer of any up; rentiu s. _;otiviicyiiicn, or workuien resident llH!l‘"ln, shall be obliged, on request made by the City Collector, to make known to him the number, names and residences of all ersons living or_ lodging in his or her house an liable to the aforesaid rate, and of all apprentices, jourueymen or workmen employed by any such iiinstcr and liable to the aforesaid rate, and every such housekeeper, master or actual em- ployer as aforesaid who shall refuse or falsely give such information shall be liable to u pe- nalty not less than ten shillings, nor more than forty shillings, the same to be recovered, with costs of suit, on the oath of said Collector or other credible witness in the Mayor's or Police Court, and become part of the City funds.

Sec. 24. _The City Council may appoint such plaee_or places in the City for the purpose of depositing the snow and ice which accumulate in the yards or in front of the buildin s of the citizens, which snow or ice shall be dgeposited in such manner. as tho Surveyor may direct or rcquire ; persons neglecting or refusing to com ply with suoli direction or rcquircnicut shall

I g...

by the melting , of snow or ice to run ed’ in the gutter or drain in front or rear of such of no lect or refusal to quit _ Cit

authorities, shall be subject to a line not ekcedi ing forty -shillings. and the surveyor shall have ..such passage cut and ke t open for the purpose aforesaid

I

it ‘ nshicfltnblog-cfiihvi Led .Ins- ‘ tico, except t rollonial‘u_.ys,~Is. 6th s sen Hay; and Ink dune, lst and lflli Jul , when he will be travelling in Charlottetown. w Hub intended to will be on Wodiieuliiy ‘mi s not oflfsy; 4th and nth Js e;

sod lot and Nth cl . Alrllliwlll trsvsl .

I . .

- ounoili -ndsondgow Br‘

_e subject to apenslty not exceeding five shil- lings for each 0 encc. Sec. 2:). The respective streets of tho Ci present names, till otherwise

Sec. .' The Surveyor and Police Con- r the dii-cction of the Mayor or crsous vessels, boots, timber. scant ing or

_ erson guilty of placing “P! “Hill lnlul3?)lIc0‘ iniptlidimeut infi sssd ope- nm 3 8 In so Joe emse vcs to s so not ex- ccedln twenty shillings, sad to s. liki spin for °‘;’,'.! 3' *h°!.°=2i=.t.i3I9- site!-. n..u.i_-8.. s.°.°.9s..,.im- p tine . - - Sec. In the event of any’ psisdntvho shall bcfiued or_,suodundcr_;tli_isg aw, neglccfupg or refusing lb pa such flue or judgment wi eosts_.wsrrsnt dictum shell lssue,nd tho‘ imprisonment shall. not exceed sixty days. ‘ , . Roassr H . , ' ‘ , Ifsyor. Willlnm B. Welloer, City‘ Clerk. ' ' April 25th, 1856. .

‘Stallion Horse ",‘.Prt’nc."e'l."I.{7|7ilt..J;di'

t y, o ow . sol svsntlisIi,\

‘ck. P“ 1 Ali

such ice or snow shall only deposited in- Its ',l6tlrs Mali}! 0 sad I .

such places as shall be appointed the sold ' ‘nniha-Jl‘weIsy':liilfiii‘gs or .' sfil‘ Surveyor, sctiu under the authority of the ii lis scoopi‘?¢:ted with‘ [riot ‘@158 n lliiyoi--or resilfng Oounelllor,undei-apcnolty Too. nus. , 3 ,rwoU|‘.vfplr‘lt‘tpAs'-gm . .,