Whereas by reason of many wooden Chimneys in the said Town, the Houses are exposed to great Dangers by fire; And Whereas the Town and Common belonging thereto remains unfenced, and the Streets thereby much Injured by Hogs rooting up the Soil, and nusances are frequent in the Town for want of Sufficient Power in the Commissioners to punish the Persons who occasion the same; For Remedy whereof we pray that it may be enacted And be it Enacted by his Excellency the Governour Council and General Assembly that each Inhabitant of the said Town who at Present hath one or more wooden Chimneys belonging to his or her house, the owner of such House and Chimneys shall, within the Space of two Years after the passing of this Act, pull down the said Chimney or Chimneys; and if any Person shall neglect so to do such Person shall forfeit and pay to the Commissioners of the said Town for the Use of the said Town the Sum of ten Shillings Proclamation Money for every Month after he or she shall neglect to pull down such wooden Chimney or Chimneys to be sued for and recovered before two Justices of the Peace who are hereby Impower'd and Authorized to examine witnesses and to give Judgement thereon by Warrant under their Hands and Seals to order the said forfeiture to be levied on the Goods and Effects of the Defaulter by the Constable of the Town who shall have and receive as his fee the sum of twelve pence in the pound out of the forfeiture.

And be it further Enacted by the Authority aforesaid that if any Person after the passing of this Act erect or cause to be Erected any Wooden Chimney within the said Town such Person shall forfeit and pay the aforesaid Commissioners for the use of the Town the sum of Twenty Pounds for every wooden Chimney he or she shall erect or cause to be Erected to be recovered as aforesaid and in order to fence in the Town and Town Lands Be it further Enacted by the Authority aforesaid that the Commissioners aforesaid or the Majority of them shall with all convenient speed Summon all House holders and owners of sav'd Lotts within the said Town and shall with House holders and owners of saved lotts, go round the Bounds thereof and mark out a place round the said Town and Town Common for raising a fence upon and shall lay out and divide the whole space of Ground among the said House holders and owners of sav'd Lotts each Person his share in Proportion to the number of Tithables in his or her family and if any of the House holders or owners shall be absent the said Commissioners shall in ten days at farthest give notice in writing to the absentees of the number of Yards laid out for such absentees to work on the particular Situation of the place which said Householders and owners of saved lotts shall within the space of three months after the laying out of their shares procure so many Sufficient rails and posts and lay the same on his or her part on the Ground laid out for him or her Sufficient to raise a fence thereon of ten rails high or so many rails as shall make the said fence at least Six foot high the rails in the lowest three foot shall not exceed the distance of four Inches from each other and the others above not to exceed Six Inches distance from each other and shall within the space of one month next after erect his or her part of the said fence in the manner that fences with posts and rails are usaly made in such manner as that the whole fence round the Town be united and Compleat and in case any Person or Persons shall neglect or refuse to procure his or her proportion of rails and posts and to raise the same in manner aforesaid within the time aforesaid he or she shall forfeit and pay to the Commissioners the sum of twenty Shillings for each Tithable person in his or her family to be recover'd as aforesaid which forfeitures shall be applied to the compleating of the said fence.

And be it further Enacted by the Authority aforesaid that each Person possess'd of a Lott in the said Town not yet cleared shall within the space of twelve months after the passing of this Act cut down all the Wood and Brush-wood on his or her lott and once in each year afterwards do the like and in case of neglect or refusal of any such Possessors of a lott to perform the same in manner aforesaid such Possessor shall forfeit and pay to the said Commissioners the sum of twenty Shillings to be recover'd in manner aforesaid to be applied to the clearing of the streets in the said Town.

And be it further Enacted by the authority aforesaid that from and after the time the aforesaid fence is compleated it shall and may be Lawfull for any Person to kill any Hog Shote or pigg which be found ranging the said Town so long as the said fence shall be kept in Sufficient repair save such as are in pens in the Yards behind Houses which hogs so kill'd shall be given by the Commissioners of the said Town to the poor residing in the said Town And for the preventing annoyances and nusances in the said Town be it further Enacted by the authority aforesaid that if any Person shall throw out or lay in any Street or upon any Publick place in the said Town any dirt rubish dust or mortar Except such Persons who are Building or repairing Houses in the said Town during the time they are Building or repairing such Houses such Person so offending shall forfeit and pay to the aforesaid Commissioners the sum of five Shillings Proclamation Money to be recover'd as aforesaid and if such offence be committed by any Slave or Servant such Slave or Servant shall be punished by whipping not Exceeding twenty Lashes at the discretion of the Comissioners.

And be it further Enacted by the authority aforesaid that as often as the said Town shall summons the Inhabitants thereof to work on the road he shall have full power to direct the said Inhabitants to clear the Streets and Publick places of all weeds rubish and other nusances and if any Person shall refuse to observe the overseers directions therein he shall forfeit and pay to the Overseer the Sum of two Shillings and Six pence Proclamation money to be recover'd as other forfeitures in this Act over and above the fine imposed for each days neglect to work on the Publick road of the Town and if the Person refusing be a Slave or Servant the Master or Mistress of such Slave or Servant is hereby made liable to pay the same.

And be it Enacted by the authority aforesaid that the Commissioners shall lay out or cause to be laid out the several Streets of the Town and shall fix and put up good Posts to ascertain the Bounds of the several Streets therein and shall be allow'd and paid all such money as they shall Expend in doing the same out of the Money arising by the disposal of Lotts.

And be it Enacted by the authority aforesaid that all forfeitures which are not be this Act particularly applied shall be appropriated and laid out by the Commissioners towards clearing the Town common and Building a gate House for a person to live in to take care of the fence when made.

And be it further Enacted by the authority aforesaid that all the moneys arising on the Sale of lotts in the said Town after the Church is finished shall be appropriated laid out and applied to such uses as the Commissioners or the major part of them shall think convenient for the better Encouragement of the Town and that each of the lotts contain'd in the new Plan shall be sold for forty shillings and no more.

And be it further Enacted by the authority aforesaid That Mr. Joseph Anderson be and is hereby appointed and added to the Commissioners already appointed a Commissioner for the said Town and that for the future the Commissioners shall consist of five in number anything in this or former Acts to the contrary notwithstanding.

And be it further Enacted by the authority aforesaid that if any evil minded person or Persons shall in the night or at any time or times whatsoever pull down the said Town fence or any part thereof in order to let any Persons hogs within the said Town Inclosures or shall otherwise drive hogs into the said Town such Person or Persons so offending shall forfeit and pay the sum of ten Pounds Proclamation Money to be recover'd and applied as aforesaid and such Person or Persons shall be further liable in case such hogs should be killed to the penalties of the Act of assembly of this Province Provided against the unlawfull killing of Cattle hogs etc.

CO 5/334, fs. 20-21
Repealed by an act of 1740. State Records, 23:140-141.