or parts or shares of Lots of land, and entitled to receive the surplus of the said purchase money; or if it shall appear that any person or persons are interested in the said Lots, or parts or shares of Lots, as mortgagees, or other legal incumbrancers, upon the same, or as claiming under any settlement, will, or other instrument in the law, or otherwise legally interested in the land sold, it shall be lawful for the said Court, and the Judges of the said Court are hereby authorized and required, upon application of any person interested as aforesaid, or upon the application of the said Receiver, to summon all such parties, or as many of them as they shall think fit to summon, and the said Receiver, and upon hearing of the matter in a summary way, to make such order therein, for adjusting the said claims, and determining the matter in dispute, and for paying and distributing the said surplus money, as to them shall seem meet, and cause the same to be carried into execution, in the same manner as any order or judgment of the said Court is executed by law and the said order shall and may be pleaded by the said Receiver General, in bar to any action or suit that may be brought against him, for having acted in obedience to the said order; and the said order shall also be received in evidence on behalf of the said Receiver, in any such action or suit, upon a plea of the general issue. VIII. And whereas it may happen that proprietors of parts or shares of undivided Lots of land may be willing to pay a just proportion of the Quit Rents payable for the same Lots, and the other proprietors thereof may not be willing to contribute thereto; in order, therefore, to prevent the proprietors who shall be ready to pay a just proportion from being injured by the operation of this Act-Be it enacted, by the authority aforesaid, That, upon application of any proprietor of such parts or shares, or upon application of His Majesty's Receiver General for the time being, to the Supreme Court, setting forth the particular state of the case, it shall and may be lawful to and for the respective Judges of the said Court, to direct a survey to be made, in such manner and by such persons as they shall think fit, of the Lot of land so circumstanced, in which survey the said Lot shall be fairly and impartially divided into such shares, to be held in severalty, as bear a just proportion to the interest which each of the several proprietors thereof shall be previously entitled to, in the said undivided Lots-regard being had, in making such division, to the appropriating to each proprietor the improved land which he before held in such Lot: and the Supreme Court shall order and direct, by an order, to be entered of record in the office of Register of the said Island, which of such shares shall from thenceforth belong to each of the said proprietors in severalty, and subject to what proportion of the said Quit Rent the same shall be held-regard being had, in estimating Undertenants diced by distress for Quit Rent, beyond the sum they owe to their landlords. such proportions of the Quit Rent, to the nature and quality of the land comprised in each share, before such land was cultivated or improved-and the Supreme Court shall ascertain such proportions, in such manner and by such means as they shall think fit: and the shares so directed, by such order, to be holden by the said respective proprietors in severalty, shall thenceforth be holden by them and their heirs respectively in severalty, chargeable only with so much of the whole Quit Rent, payable for the undivided Lot, as shall be ascertained in the same order; and such respective share of the Lot so holden in severalty, shall be in future chargeable with such proportion only of the Quit Rent, but shall be subject to the like remedies for the payment and recovery of such proportions as are herein provided, with regard to any such undivided and entire Lot of land; and all arrears of the entire Quit Rent which at the time of such order, made as aforesaid, shall be due from the said Lot of land, shall be recovered in the same manner and in the like proportions, from the said respective shares, and the owners thereof. IX. And whereas it may happen that the tenants of Lots, or parts or shares of Lots, within this Island, may have duly paid their rents to their proprietors of the said Lots, or parts or shares of Lots, or may be ready and desirous to pay the same, at the time of the distress to be taken by virtue of this Act, and it would be extremely injurious to the said tenants, if the distress made upon the said Lots, or parts or shares of Lots, was to be levied of the goods and chattels of the said tenants, in order to discharge the whole of the arrears of Quit Rents due from the said proprietors in respect of such Lots, or parts or shares of Lots-Be it enacted, that it shall and may be not to be preju- lawful for any such undertenant to apply to the Supreme Court, and upon proof of such tenants having paid the rent due from him or them respectively, or upon payment of such part of the rent as shall be in arrear to his landlord and unpaid, to the Receiver General of His Majesty's Quit Rents, towards the discharge of the arrear of the said Quit Rents due, for or on account of the Lots belonging to the landlords of such respective tenants, the goods and chattels, absolutely the property of such tenants, shall not be liable to be distrained or sold; and it shall be lawful for the respective Judges of the Supreme Court, and they are hereby required, on the application of any tenant as aforesaid, to hear and determine the same, in a summary manner, and to make such order therein as the nature of the case may require; and the arrear of rent due to the landlord, which shall be paid by the tenant to the Receiver General of His Majesty's Quit Rents as aforesaid, shall be applied in discharge of the Quit Rents due from the landlord of such tenant; and in case the same shall not be sufficient, the Lot or Lots of every such landlord shall be sold, in order to make good the deficiency, subject to the lease of the said tenant: provided always, that if such tenant shall offer to pay the arrears of Quit Rent that shall be due, the said Receiver General shall receive the same, and the said tenant shall be entitled to hold the Lot or Lots of land, as against his landlord, as a security for the money so advanced in payment of the arrears of Quit Rent, and to deduct out of his future rent what he shall so pay; but such security, or right to deduct, shall not prejudice any future payments of Quit Rents due to His Majesty, his heirs and successors, or prevent any remedy for recovery thereof. X. And be it further enacted, by the authority aforesaid, That if the Sheriff or his deputy, or the Coroner, shall neglect to comply with the directions of this Act, in respect to the making of proclamation, and giving the proper notices of such proclamation and sale of any Lots, or parts or shares of Lots of land, attached, by virtue of this Act, so that the proprietors be thereby prevented from discharging the same, by paying the Quit Rents due thereupon, such Sheriff or his deputy, or the Coroner, shall forfeit and pay for every default, the sum of fifty pounds, to be recovered in the Supreme Court, and to be to and for the use of the proprietors injured thereby, or such person who shall sue for the same; and shall moreover be liable to answer for any special damages that shall be suffered by any such proprietors, by reason of any such neglect, in any action or suit to be brought with the leave of the Supreme Court. Tenants paying Quit Rents on landlords, may hold the lands as a security for the money so advanced. account of their Penalty on Sheriff or Coroner neglecting clamation, &c. to make pro Proprietors reBritain or Ireland, may pay their Quit sident in Great Rents in Lon XI. And whereas many of the proprietors of land in the Island of Prince Edward are resident in Great Britain and Ireland, and cannot conveniently pay their Quit Rents in the said Island-Be it therefore enacted, by the authority aforesaid, That if any proprietors of Lots, or parts or shares of Lots of land in the said Island, residing in Great Britain or Ireland, shall and do, on or before the first day of August next ensuing the passing of this Act, discharge and pay their Quit Rents in arrear, and shall pay their future Quit Rents, don; annually and regularly in London, to the Receiver General of His Majesty's Quit Rents, or his sufficient deputy, such Lots, or parts or shares of Lots shall not be liable to be proceeded against, as directed by this Act: provided nevertheless, that if done within if such proprietors do neglect to pay their Quit Rents from 6 months after time to time, for the space of six months after the same shall the same shall become due and payable, according to their undertaking as aforesaid, the said Lots, or parts or shares of Lots shall be liable to be proceeded against as herein directed; and the Receiver General of His Majesty's Quit Rents, or his deputy as aforesaid, shall, for that purpose, transmit to the proper officer, in the Island of Prince Edward, within three months from become due otherwise their lands shall be against. proceeded *G. 4, c. 3. and after the expiration, from time to time, of the said six months, whenever such neglect shall happen, on account of such proprietors who shall so neglect their payments, that the same may be made liable, and be proceeded against accordingly; and such account, so transmitted as aforesaid, shall be conclusive evidence, that the said proprietors have so neglected to pay their Quit Rents, and that the said Lots, or parts or shares of Lots are liable to be proceeded against as herein directed. It appears by Governor Smith's proclamation, of 3rd February, 1818, that this Act has received the Royal allowance. CAP. III. Repealed by 6 An Act to alter and amend an Act made and passed in the twenty-sixth year of His present Majesty's reign, intituled "An Act for the trial of actions in a summary way." 16 G. 3, c. 13. Amended by 47 :25 G. 3, c. 3. Repealed by 4 CAP. IV. An Act in addition to and amendment of an Act, made and passed in the thirty-fifth year of His present Majesty's reign, intituled "An Act to alter and amend the high road laws.” CAP. V. An Act to amend an Act, made and passed in the thirty-first year of His present Majesty's reign, intituled "An Act to prevent the running at large of rams at improper seasons." CAP. VI. An Act for the better and more effectual establishment of the FOR ORASMUCH as His Majesty, upon the settlement of this Island, was graciously pleased, in his pious concern for the advancement of God's glory, and the more decent celebration of the divine ordinances amongst us, to grant a sum of money for the purpose of erecting a Church, for religious worship, according to the usage of the Church of England, and which, although not appropriated according to His Majesty's gracious intentions, yet no less gratitude is due to His Majesty, for this manifestation of his gracious intentions in this behalf-In humble imitation of His Royal example, and for the more effectual attainment of His Majesty's pious desires, that we might, in the exercise of religious duties, be seeking for the divine favor and protection : be the fixed called the No Ministers to &c. I. Be it therefore enacted, by the Lieutenant Governor, The liturgy of Council and Assembly, That the sacred rites and ceremonies the Church of of divine worship, according to the liturgy of the Church England shall established by the laws of England, shall be deemed the fixed form of worform of worship amongst us; and the place wherein such ship. liturgy shall be used, shall be respected and known by the Place of worname of the Church of England, as by law established: and ship shall bo that for the preservation of unity and purity of doctrine and Church of Engdiscipline in the Church, and the right administration of sac- land. rament, no Minister shall be admitted to officiate as a Minister of the Church of England, but such as shall produce to the officiate, but Governor, Lieutenant Governor, or Commander-in-chief for such as have the time being, a testimonial that he hath been duly licensed been licensed, by the Bishop of London, or by the Bishop of Nova Scotia, and shall publicly declare his assent and consent to the Book of Common Prayer, and shall subscribe to be conformable to the orders and constitution of the Church of England, and the laws there established; upon which the Governor, Lieu- Governor, &c., tenant Governor, or Commander-in-chief for the time being, to induct Minis hereby requested to induct the said Minister into any Parish ister into any Parish making that shall make presentation of him: and if any other person, presentation. pretending himself a Minister of the Church of England, shall, contrary to this Act, presume to teach or preach, pub- Governor and licly, or privately, the Governor, Lieutenant Governor, or Com- pend and mander-in-chief, and His Majesty's Council are hereby desired silence pretendand empowered to suspend and silence the person so offending. II. Provided nevertheless, and it is the true intent and meaning of this Act, that Protestants dissenting from the Church of England, whether they be Calvinists, Lutherans, Quakers, or under what denomination soever, shall have free liberty of conscience, and may erect and build meeting houses for public worship, and may choose and elect Ministers for performing divine service and administration of the sacrament according to their several opinions, and according to the provisions of an Act of the General Assembly of this Island, made and passed in the thirtieth year of His present Majesty's reign, intituled "An Act for quieting the minds of His Majesty's dissenting Protestant subjects in the Island of Saint John." * See 24 Vic., c. 17. Council to sus ed Ministers. Dissenters to have liberty of conscience. 30 G. 3, c. 6. |