for each offence. in any of the County Towns, or other parts or places wheresoever within this Island, on the Lord's Day, or any part thereof, upon pain, that every person so offending, upon conviction thereof by the oath of one credible witness, before any of His Majesty's Justices of the Peace in this Island, or upon view of such Justice, shall, for every such offence, forfeit and pay the Penalty of 108. sum of ten shillings; the same to be levied, in case of nonpayment, by warrant of distress and sale made of the offender's goods—all fines and penalties incurred by this Act to be applied to the use of the poor, and disposed of at the discretion of the Justice or Justices before whom the offenders shall or Justices to keep may be convicted; the said Justice or Justices to keep a record a record of fines. of the fines levied and disposed of by them. covered and applied. How to be re CAP. IV. An Act to prevent the cutting of Pine or other trees without Repealed by 12 permission of the proprietor, and to prevent the cutting Vic. c. 16. down and destroying of Fences. CAP. V. Amended by 21 An Act to regulate the Salmon, Salmon Trout, and Eel Fishery. pealed by 4 W. 4, c. 11. CAP. VI. Passed with s suspending An Act for altering the name of this Island from SAINT JOHN clause and not to that of NEW IRELAND. approved of by His Majesty. CAP. VII. Disallowed by Council. An Act directing the proceedings against forcible entry and His Majesty in detainer. CAP. VIII. Amended by 25 G. 3, c. 1; 41 G. 3, o. 5; 49 G. 3, c. 4; repealed by 3 An Act appointing the recording of all Deeds of Sale, Con- w. 4, c. 10. veyances and Mortgages. This Act affects titles to lands. Goods and estate of absconding debtors may be attached, and subjected to execution. Agent of an absconding debtor to be summoned to Court. Process and CAP. IX. An Act to enable Creditors to recover their just debts out of the effects of their absent or absconding debtors. E it enacted, by the Governor, Council and Assembly, That it shall and may be lawful for any person entitled to any action for any debts, dues or demands whatsoever, against any person absconding, or being absent out of this Island, to cause the goods and estate of such absent or absconding person to be attached, in whose hands or possession, or under whose management soever the same are or may be found; and the attaching any part thereof shall secure and make the whole that is in such person's hands, or under his management, liable in law to the judgment to be recovered upon such process, and shall be subject to be taken in execution for satisfaction thereof, or so far as the value thereof may extend; and the person, in whose hands they are, shall expose and discover them accordingly, upon request made for that purpose. II. And be it further enacted, That where no goods, lands, houses or effects of such absent or absconding person in the hands or under the management of his agent, factor, attorney or trustee, shall be exposed to view, or can be come at, so as to be attached, it shall and may be lawful to and for any person entitled to any such action as aforesaid, to file a declaration against such absent or absconding person, in the office of the Clerk of the Supreme Court of Judicature, therein setting forth particularly his debt and damage, and how they may have arisen; and also to cause the attorney, factor, agent or trustee of such absent or absconding person to be served with a summons out of the said Clerk's office, being annexed to the trial thereupon. declaration, fourteen days previous to the sitting of the said Supreme Court; which being duly served, and return duly made thereof, under the hand of the Provost Marshal, or any of his deputies, shall be sufficient in law to bring forward a trial without other or further summons, unless the principal be an inhabitant, or hath for some time had his residence within this Island; in which case a like summons, with an attested copy of the declaration thereto annexed, shall also be left at his dwelling-house, lodging, or place of his last and usual abode, fourteen days before the sitting of the Court; and such attorney, factor, agent, or trustee, upon his desire, shall be admitted to defend the suit, on behalf of his principal, throughout the course of the law, and an imparlance shall be granted two terms successively, that he may have an opportunity to notify his principal thereof; and at the third term, without special matter alleged and allowed in bar, abatement, or further continuance, the cause shall peremptorily come to trial; cution. and if judgment shall have been rendered for the plaintiff, Goods, &c., in then all the goods, effects, credits and estate of any kind what- agent's hands, soever, of such absent or absconding person, in the hands of subject to exesuch attorney, factor, agent or trustee, or under his care or management, which were in his hands, or under his management and direction, at the time of his being served with the summons and declaration aforesaid, to the amount of the sums contained in the said judgment (if so much there be), shall be liable and subject to the execution granted upon such judgment, for or towards satisfying the same; and from the time of serving the summons as aforesaid, shall be liable and secured in law in his hands, to answer the same, and may not be otherwise disposed of or converted. where no effects III. Provided nevertheless, and be it enacted by the autho- Plaintiff to be rity aforesaid, That if upon summons being served as above nonsuited mentioned, the supposed attorney, factor, agent or trustee shall are in agent's come into Court at the first term thereof, and declare that he hands; had not in his hands, nor under his care or management, at the time of the service of such summons, any lands, goods, effects, or credits whatsoever, of the absent or absconding person, and shall submit to an examination upon oath respecting the same; and if, upon examination, it shall appear, to the satisfaction of the Court, that he had not any lands, goods, effects or credits whatsoever, of the absent or absconding person in his hands, or under his management at the time of his being summoned as aforesaid, then and in every such case, the plaintiff shall become nonsuited, and shall pay to him and to pay costs who may have been so summoned as attorney, agent, factor or trustee, his reasonable costs, to be taxed in common form by the Court. IV. And be it therefore further enacted, That if any attorney, factor, agent or trustee, who being duly served with summons and declaration as aforesaid, shall not appear at the first term, and then either acknowledge himself to have had in his hands, or under his management, some lands, goods, effects, or credits of the absent or absconding person, at the time of the service aforesaid, and thereupon pray that he may be admitted to defend the action, or otherwise submit himself to an examination upon oath as aforesaid, he shall be liable to pay to the plaintiff all such costs as shall or may arise upon his suit, the same to be taxed by the Court in common form. Agents, &c.,not appearing, lia ble to pay costs. V. And be it further enacted, That in case any attorney, Execution to factor, agent or trustee, from and after the time of his being be levied on the served with summons and declaration as aforesaid against his agent's proper principal (being an absent or absconding person), shall trans- transfer the fer, remit, dispose of, or convert any of the lands, goods, effects effects of his or credits of such absent or absconding person in his hands, or E principal. Agent to discover upon oath the goods, &c. of his principal: on failure, judg ment to be entered against him of his own proper estate, lowed his costs under his management, at the time of such service, so that there shall not be sufficient to satisfy the judgment, (the debt being afterwards ascertained by judgment of Court) or that shall not discover, expose, and subject the lands, goods, effects and credits of such absent or absconding person in his hands, or under his management, to be taken in execution towards the satisfaction of the said judgment, so far as the same will extend, shall be liable to satisfy the same out of his own proper goods and estate, as of his own proper debt; and a writ of scire facias may be sued out of the said Supreme Court of Judicature, and served on him as the law directs, to appear and show cause (if any he hath) to the contrary; and where, upon default of appearance, or refusal to disclose upon his oath (which oath the Chief Justice is hereby empowered and required to administer), what lands, houses, goods, effects, or credits of the absent or absconding person are in his hands, or under his management, and to what value judgment shall be entered up against him of his own proper goods, and execution be awarded accordingly. VI. Provided nevertheless, and be it further enacted, That Agent to be al- if it shall appear that the attorney, factor, agent or trustee, so upon discover- summoned as aforesaid, and having in his hands, or under his ing the effects, &c., of his prin- management, at the time of such summons, any lands, houses, cipal, and sub- goods, effects or credits of the absent or absconding person, jecting them to hath not remitted, disposed of, or in any manner converted satisfy the judgthe same, after the summons being served on him as aforesaid, but that he hath discovered and subjected them to be taken in execution, to satisfy the judgment recovered against the absent or absconding person as aforesaid; then, and in such case, the party who may have commenced the suit, shall pay such attorney, factor, agent or trustee his reasonable costs, the same to be taxed in common form by the Court. ment. Agent to be acquitted and dis charged from any action of his principal. VII. And be it further enacted, That the lands, houses, goods, effects, and credits of any absent or absconding person, so taken as aforesaid by process and judgment of law, out of the hands of his attorney, agent, factor or trustee, by any of his creditors, shall fully acquit and for ever discharge such attorney, agent, factor or trustee, his executors or administrators, of, from, and against all actions, suits, damages, payments and demands whatsoever, to be asked, commenced, had, claimed, or brought by his principal, his heirs, executors, or administrators, of and for the same: and if any attorney, agent, factor or trustee shall be molested or sued by his prinGeneral issue. cipal for any thing done by him in pursuance of this Act, he may plead the general issue, and give this Act in evidence. Principal enti VIII. Provided nevertheless, and be it further enacted, tled to rehear- That any absent or absconding person, against whom judg ment shall or may be recovered as aforesaid, shall be entitled ing within to a rehearing of such cause at any time within three years thre years. next after such judgment: and the plaintiff, in such action, before any execution shall issue on such judgment, shall give sufficient security, to the satisfaction of the Court, for repayment of all such moneys as may be levied by said execution, in case the said judgment be reversed on such rehearing as aforesaid. САР. Х. An Act to enable the Governor, or other Commander-in-Chief, Repealed by 49 to lease out certain parts of the Common of Charlottetown, G. 3, c. 7. rent free, for the space of ten years. |