XVIII. The chief Officer of the regiment, as often as he may see cause so to do, shall require the Captain or chief Officer of each Company in his regiment to meet at such time and place as he shall or may appoint, and there to confer with them, and to give in charge such orders, as shall by them or the major part of them, be judged meet, for the better ordering and settling their several companies, and for the more effectually promoting military discipline amongst them: And the said chief Officer is hereby empowered, by virtue of his warrant, directed to any Clerk or officer of his regiment, to summon or cause to be brought before him, any offender against this Act, and, according to law, to hear and determine all matters proper for their cognizance, and to give sentence, and to award mittimus, or warrant of distress, to the Clerk of the Company where the offence shall or may be committedfor executing which warrant, if for levying above forty shillings, he shall have ten shillings out of the same, for his pains and trouble therein, and no more.

XIX. That no Clerk, ex officio, make distress for any fine until six days next after the offence shall have been committed, in order that the party may have opportunity to make excuse, if any he hath, why he should not pay the fine: And all such Clerks neglecting or refusing to account, or make payment, as by this Act is required, shall be subject to distress to the full amount of what they ought to have collected, by virtue of a warrant from the chief Officer of the Company, directed to any Constable.

XXI. That any alarm which may be given or made at Patterson's Battery, in Charlottetown, upon such occasions as are agreeable to instructions to be given by the Governor or Commander-in-Chief for the time being, to the Officer commanding at the said Battery, shall be by setting on fire or lighting a beacon at the summit of the hill of Queen Street, or at such other place as the Governor or Commander-in-Chief for the time being shall or may hereafter appoint for that purpose, and by firing two guns distinctly at the said Battery, or at such other place or places as the Governor or Commander-in-Chief for the time being, shall or may appoint for the aforesaid purpose; as also by firing two guns in like manner at the Tartar's Wharf, the same to be so fired at the space of five minutes after the firing of the aforesaid guns at the Battery, or at such other place as may be appointed as aforesaid; and thereupon all the trained Officers, Soldiers, and other persons able to bear arms, who shall or may be then resident in the said town, or the suburbs thereof (in case of such alarm), shall forthwith appear complete with their arms and ammunition, according to the directions of this Act, at such place or places of rendezvous as may from time to time

alarm.

Justices, &c.,

be appointed by the Governor or Commander-in-Chief for the time being, there to attend such commands and orders Penalty for not as shall or may be given for His Majesty's service, on penalty appearing upon of forfeiting the sum of five pounds, or suffering three months' imprisonment. And the Members of His Majesty's Council, Duty of MemJustices of the Peace, and Provost Marshal, are hereby bers of Council, required to attend upon the Governor or Commander-in-Chief, such occasions if he or they should be then at Charlottetown-but if he or they should happen, in case of such emergency, to be at any other place or places in this Island, then to appear there, and advise with the chief military Officers of such place or places where such alarm may be made, and to be assisting in His Majesty's service, according to their quality and rank: And all persons wilfully making false alarms, shall be fined to His Majesty in the sum of fifty pounds, for the support of his Government, or suffer twelve months' imprisonment; and all alarms which shall or may be made in other parts of this Island, shall be made according to the instructions given by the Governor or Commander-in-Chief for the time being to the officers commanding there.

XXII. And be it further enacted, That every person who shall, in pursuance of this Act, adventure himself as a militiaman in the defence of this Island upon any invasion, and shall, while in such service happen to be maimed, or receive any hurt, so as to be rendered incapable of getting a livelihood, that then such person or persons shall, according to the degree of his or their disability, receive a yearly pension or allowance, the same to be paid out of the public moneys of this Island; and if slain, then his or their widow or widows, during the time of her or their widowhood, and his and their children, shall, have a competent allowance, to be paid yearly out of the said public moneys-each and every such pension or allowance to be estimated and fixed by the Governor or Commander-in-Chief, by and with the consent and advice of His Majesty' Council.

XXIII. And for the better preventing false alarms-Be it further enacted, by the authority aforesaid, that no Captain, Master, or Commander of any ship or vessel, riding at anchor, or being within the harbour of Charlottetown, or any other person or persons whatsoever, either afloat or on shore, within the town or suburbs of Charlottetown, &c., or at places within twenty miles therefrom, shall presume to fire any guns or small arms, or beat any drum after sunset, unless on some lawful occasion, under the penalty of forfeiting forty shillings for every gun or small arm so fired or drum so beaten-the same to be levied by warrant of distress from any of His Majesty's Justices of the Peace in this Island, and sale of the offender's goods; and for want of sufficient distress, then to

Penalty of £50, or 12 months imprisonment, alarms.

for making fals

Alarms, how to be made at other parts of

the Island.

Allowance to Militia-men wounded in de fence of the of invasion.

who may be

Island in case

Allowance to children of such as may be slain

the widows and

No guns to be

fired, nor drums

beat after sunset, under a par

nalty of 40s.

Mode of reco

very.

Not to extend

to His Majesty's ships or troops.

Persons exempted from

training shall, notwithstanding, provide arms, &o.

Persons not to be liable to any penalty for want of arms;; but when proarms, &c., to be subject to the regulations contained in this Act.

vided with

commit such offender or offenders to Jail, there to remain until payment shall have been made of such fine or fines.

XXIV. Provided always, That this last mentioned clause shall not be construed to extend to any Captain or other Officer of any of His Majesty's Ships of War, for their firing at setting the watch, nor to any of His Majesty's troops on shore or on board, in the due execution of their duty.

XXV. That all persons exempted by this Act from training, shall, notwithstanding such exemption, be provided with arms and ammunition complete, or suffer the same penalty as those that are obliged to train.

XXVII. And whereas the situation of many of the settlers of this place cannot bear the expense of purchasing fire-arms and ammunition-Be it therefore further enacted, that notwithstanding the regulations relative thereto as contained in the preceding part of this Act, no person shall be subject to any penalty or forfeiture on that account; but that, as soon as the Governor or Commander-in-Chief for the time being shall have provided the fire-arms and ammunition, the several enrolled militia-men, also those who shall or may receive the same, shall thereupon be, and they are hereby declared to be, subject to the regulations above mentioned, with respect to their keeping their arms, &c., in good order, and always fit for service

*Several sections of the above Act having been repealed by 3 W. 4, c. 30, and 9 Vic. c. 6, are not herein inserted.

Amended by 36 G. 3, c. 4.

CAP. II.

An Act to enable Proprietors to divide their Lands held in common, and for ascertaining the mode of carrying such division into execution.

HEREAS many of the Proprietors of certain half, third, and fourth parts of Lots or Townships of Land, belonging to this Government, have never been in the Island, nor appointed agents or attorneys to manage their respective affairs there; whereby the settlement and improvement of the parts or shares of such proprietors as do reside and live in the Island, or in their occasional absence, have committed the management of their affairs to Attorneys or Agents, have been delayed and impeded, to the general prejudice and injury of the said Island: For remedy whereof, Be it enacted, by the Governor, Council and Assembly, that when and so the Island, de- often as any of the proprietors of such Land shall be desirous sirous of divi- of having a division or partition of the same, in order that ding lands held in common with such proprietors may know their own Lands with certainty,

Proprietors of

land resident in

non-resident

apply to Goverwho are to appoint an agent proprietors, who shall be sworn.

nor and Council

for the absent

veyor, with the landholders, shall make an

assistance of 3

equal division.

and thereby be enabled to proceed with effect in the settlement and cultivation thereof, any of the said proprietors or proprietors, to their attorneys, may apply to the Governor or Commanderin-Chief for the time being, and to His Majesty's Council, who are hereby empowered and required to appoint some fit person to act as agent or attorney for the absent proprietor or proprietors; and after administering to such agent or attorney an oath for the faithful discharge of the trust reposed in him by the said appointment, shall thereupon appoint the Survey- A qualified Suror General, or some other well qualified person, to make an exact survey of such Lands or Lots, and by and with the advice of three judicious landholders or farmers (one of whom to be elected by each of the parties, and the other to be appointed by the Governor and His Majesty's Council) to divide and lay out the said Lands in equal parts, and ascertain, by distinct and permanent marks, metes or boundaries, the line or lines of divisions of the different shares; and that as soon as the same shall or may be done, the person or persons claiming or suing for such division, and the attorney or agent Draft of diviappointed in manner aforesaid, are to report a draft or survey sion to be reof said division, and to draw lots in the presence of the Go- ported and lots vernor or Commander-in-Chief, and His Majesty's Council, drawn for, in for the said division: and the respective shares or divisions, Governor and to which each of the parties may have right in consequence of Council, who such draft, shall be attested by the said Governor and Council, the same. in writing; and the written Certificate thereof shall be imme- Certificate diately recorded in the Registrar's Office, in a book to be kept thereof to be by him for that purpose, and shall be held as authentic and shall be held unalterable, and received and allowed in evidence on any trial unalterable against the party interested in the said lands for ever there- against parties after.

presence of the

are to certify

interested.

ses incurred

reimbursed one

II. And be it further enacted, That the proprietor or his Party claiming agent claiming a division in manner aforesaid, shall be obliged division, to deto defray all expenses incurred thereby; but at the conclusion fray all thereof, he may, and he is hereby empowered, to lay an account thereby, but to of the expenses incurred by him before the Governor and be afterwards Council: and upon their examining and certifying their appro- half the amount bation thereof, the said party shall be considered as a real creditor upon the estate or property of the absent proprietor or proprietors, to the amount of one-half of said account; which moiety shall bear interest in his favor from and after the date of the said attestation, at the rate of six per centum per annum, till paid: and unless the same shall have been Remedy, if not paid within the space of three years, that then, upon applica- paid within 3 tion to the Supreme Court, the Chief Justice thereof is hereby empowered and required to grant a warrant to the Provost Marshal, or to his deputy, to expose to public sale (Advertisements being duly posted up for thirty days previous thereto, in all the usual places, notifying the time and place thereof,)

years.

Persons who reside, or have

and hold lands

in common, may

so much of the Lands of the absent proprietor or proprietors as will satisfy and pay the one-half of the said account of the expenses so as aforesaid incurred and approved of, as well in obtaining the said division, as for the expenses and charges incurred in the application hereby appointed to be made to the Supreme Court, and the sale in consequence thereof.

III. And it is hereby enacted, by the authority aforesaid, resident agents, That all persons holding their Lands in common, and who either reside themselves or have attorneys in this Island, may be compelled, by Writ of Partition, to divide the same in the by writ of par- manner directed by Statute 8th and 9th William the Third, chapter the thirty-first.

be compelled,

tition, to divide the same.

No person shall open shop, &c., nor sell or send

out any goods on the Lord's Day.

Milk and fresh

fish may be sold

before 9 a. m.

and after 5 p.m.

No labor or business to be performed,

CAP. III.

An Act for the due observance of the Lord's Day.

WHEREAS the due observance of the Lord's Day in this

Island has been hitherto much neglected, and many abuses of the same have been committed, to the manifest prejudice and dishonor of Religion, and the shameful violation of public decorum and good order:

I. Be it therefore enacted, by the Governor, Council and Assembly, in order that all persons may be restrained from such indecent and irregular conduct in future, and may be prompted to apply themselves to the rational duties of religion and true piety, both publicly and privately, no tradesman, storekeeper, or any other person or persons whatsoever, shall hereafter open, or cause or suffer to be opened, his, her, or their shop or storehouse, or, either by himself or herself, or by his or her servant or servants, child or children, sell, expose, or offer to sale, upon any bulk, stall or shed, or send or carry out any manner of goods or merchandise on the Lord's Day, or any part thereof. Provided nevertheless, that this Act shall not extend to prohibit any persons from selling or exposing to sale milk and fresh fish, before the hour of nine o'clock in the morning, and after five of the clock in the afternoon of the said day.

II. And be it further enacted, by the authority aforesaid, That no truckman, driver of carts, labourer, or other person whatsoever, shall hereafter do or perform any labour, work or business appertaining to his or their respective ordinary callings or professions, or other worldly labour, or suffer the same to be done by his, her, or their child or children, servant or servants, either by land or by water (works of necessity and aor any sport charity only excepted), or practise, or suffer to be practised, any sport, fowling, fishing, game, play or pastime whatsoever,

or pastime

practised.