tates of intes Act for the better settling Intestates' Estates; and shall and may proceed to call such Administrators to account for and touching the goods of the intestates; and upon due hearing and consideration thereof (all just debts and funeral expenses being first allowed), the said Judge shall, and he is hereby fully empowered to order and make a just distribution of the and distribusurplusage, or remaining goods and estate, as well real as per- tion of the essonal, in manner following: that is to say-one third part of tates. the personal estate to belong to and vest in the wife of the intestate for ever, besides her dower in the houses and lands during life, where such wife shall not be otherwise endowed before marriage: and the said Judge having appointed Guardians, in manner as hereafter shall or may be by law directed, shall then, out of all the residue of such real and personal estate, distribute two shares, or a double portion, to the eldest son then surviving (where there is no issue of the first-born, or of any other elder son); and the remainder of such residue equally to and among his other children, and such as shall or may legally represent them: provided, that children advanced Children adby settlement or portions, not equal to the other shares, shall vanced by have so much of the surplusage as may make the estate of all settlement. to be equal, except the eldest son then surviving (where there is no issue of the first-born, or of any other elder son), who shall have two shares, or a double portion of the whole. XII. And be it further enacted, That each estate wherewith such child or children shall have been advanced in the lifetime of the intestate, shall be accounted for upon the oath of such child or children, before such Judge of Probate of Wills and for granting letters of administration, or by other evidence to the satisfaction of the Judge; and in case of refusal to account upon oath, such child or children so refusing shall be debarred of any share in the estate of the intestate. Children advanced in the intestate, to account there lifetime of the for on oath. XIII. And be it further enacted, That the division of lands Division of or tenements shall be made by five capable freeholders, upon lands. oath, or by any three of them, to be for that purpose appointed and sworn by the Judge: provided always, that if all the parties interested in such lands or tenements, being of lawful age, shall by deed agree to a division, such agreement, the same being acknowledged by the parties thereto before the Judge, and being entered on record in the Probate Office, shall be deemed a legal and valid partition and settlement of such estates, as effectually, to all intents and purposes whatsoever, as if the same had been divided and settled by writ of partition, and shall be received and allowed in evidence on any trial against the parties so interested in the said lands and tenements: provided nevertheless, that where any estate in houses and lands cannot be divided among all the children, without great prejudice to the whole, the said Judge may, on of estates in lands which houses and cannot be divided without whole. sufficient evidence of the same, order the whole to the oldest son—or, upon his refusal, to any other of the sons successively prejudice to the -he paying unto the other children of the deceased their equal and proportionable parts or shares of the real value of such houses and lands, upon a just appraisement thereof, to be made by three sufficient unexceptionable freeholders upon oath, to be appointed and sworn as aforesaid; or giving good security to pay the same in such convenient time as the said Judge shall or may limit, making reasonable allowance in the mean time, at the rate of six pounds on the hundred in the year and if any of the children should happen to die under age, or before marriage, then the portion of such deceased child shall be equally divided among the survivors: and in case there be no children, nor any legal representatives of them, then one moiety of the personal estate shall be allotted to the wife of the intestate for ever, as also one third of the real estate for her term of life: and the residue both of real and personal estate shall be allotted equally to every of the next of kin of the intestate in equal degree, and those who shall or may legally represent them-no representatives to be admitted among collaterals, after brothers' and sisters' children and if there be no wife, then the whole shall be distributed among the children; and in case of no child then, to the next of kin to the intestate in equal degree, and their legal representatives as aforesaid, and in no other manner whatsoever and every one to whom any share shall be allotted, shall give bond, with sufficient sureties, to the satisfaction of the said Judge of Probate, if debts afterwards be made to appear, conditioned to refund and pay back to the administrator his or her rateable part thereof, and of the administrator's charges. Widow's dower, after her death, how to be divi ded. Appeal to the Estates not comprised in any last Will, to be distribu ted as intestates' estates. XIV. And it is hereby enacted, That the lands and tenements wherewith any widow shall be endowed as aforesaid, shall, after the decease of such widow, be divided in like manner as by this Act is directed-saving to any person aggrieved at any order, sentence or decree, made for the settlement and distribution of the estate of any intestate, their right of appeal to the Governor and Council-every person so appealing giving security to prosecute such appeal with effect: provided that such appeal be made within forty days after sentence of the said Judge. XV. And be it further enacted, That all such estate, whether real or personal, which shall or may not be comprised in any last will and testament, or which shall or may not be devised or given by the same, shall be distributed in the same manner as the estates of intestates are directed to be distributed by this Act. debts and lega XVI. And be it further enacted, That in case personal Real Estate assets shall be deficient for the payment of any debts or lega- may be sold for cies, and it shall be found necessary by any Executor or Admi- payment of nistrator to make sale of any part of the real estate of the cies, where perdeceased for the payment of any debts or legacies; then such sonal assets are executor or administrator shall apply to the Governor, or other insufficient. Commander-in-Chief for the time being, and to His Majesty's Council, to give order and direction for the sale of such part of such real estate as may be most convenient for the payment of such debts or legacies; and before any sale be made of any real estate, the executor or administrator shall give thirty days' public notice, by posting up notifications in the most public places in Charlottetown, Georgetown and Princetown; and whoever will give most, or appear to be the highest bidder, shall have the preference at such sale: and in case the estate of such intestate shall be insolvent, then the executor or administrator shall make like application to the Governor or other Commander-in-Chief for the time being, and to His Majesty's Council, for an inquiry, and for the appointment of Commissioners to inquire into such insolvency, and examine and settle the claims of all the creditors, and into the amount of the estate of such insolvent, and to authorize such executor or administrator to sell the lands and tenements of such insolvent, and to divide the produce of the whole of such estate in due proportions to and amongst the creditors. per In case of insolvency, Go Council to ap point Commis mine claims of creditors, and tate to pay them. vernor and sioners to exs to sell real es ceased person, very. XVII. And be if further enacted, That if any person shall Any person not in future presume to act as Executor or otherwise, by inter- duly authorized, intermedmeddling with the goods of the deceased, without being duly dling with efauthorized thereto, as is directed in and by this Act, such fects of any deson shall forfeit the sum of twenty pounds for every such shall forfeit officious intermeddling; the same to be recovered in any of £20. His Majesty's Courts of Record, by the executor, administra- Mode of recotor, or other person interested in the estate of the deceased; one half of which penalty shall be paid to the person suing for Application of the same, and the other half to and for the use of His Majesty's forfeiture. Government: and such person so intermeddling shall be further obliged to account for and pay into the hands of the executor or administrator, whatever effects he may have got possession of in such an irregular manner, with full costs of suit. CAP. III. An Act making Lands and Tenements liable for the payment Repealed by of Debts. 26 G. 3, 0, 9. Persons desi suits or quar rels by arbitration, may agree that the suba rule of Court. mission be made CAP. IV. An Act for determining differences by Arbitration or HEREAS references made by Rule of Court may contri bute much to the ease of the subject, in determining controversies, (especially in matters of account, and other mercantile transactions of a complicated nature, which are often difficult to be accurately adjusted on trials at law,) as thereby the parties become obliged to submit to the award of the arbitrators, or umpire, under penalty of imprisonment for their contempt, in case they refuse submission: Be it therefore enacted, by the Governor, Council, and Assembly, That rous of ending it shall and may be lawful for all merchants, traders and others, or their respective agents or attornies, who shall or may be desirous of ending any controversies, suits or quarrels (for which there is no other remedy, but by personal action or suit in equity,) by arbitration, to agree that the submission of all such controversies, suits or quarrels,-to the award or umpirage of any person or persons, shall be made a Rule of His Majesty's Supreme Court of this Island, and to insert such their agreement in their submission, or in the condition of the bond, whereby they had obliged themselves respectively to submit to such award or umpirage: which agreement, being so made and inserted in the submission or condition of their respective bonds, shall or may, upon producing an affidavit made by the witnesses thereto, or any one of them, in the said Court, of the due execution thereof, and upon reading and filing the same, such submission shall be there entered of Record, and a Rule thereupon made by the said Court for the respective parties to submit thereto, and be finally concluded by the award and determination of such arbitrators or umpire therein severally named, the same being made in pursuance of said submission or bond: and in case of disobedience to the award and determination of such arbitrators or umpire, the party neglecting or refusing to obey the same, or any part thereof, shall incur and be subject to all the penalties of contemning a rule or order of Court; and the said Court, on motion, shall issue process accordingly, unless such award be unless Arbitra- set aside for contempt or other misbehaviour in the arbitrators tors act impro- or umpire, on satisfactory proof made thereof, by oath, to the perly. said Court within one term after the award or determination shall have been so made-in which event, the same shall be judged void and of no effect, anything in this Act contained to the contrary notwithstanding. In case of dis obedience, par ties to be pun ished as for a contempt; CAP. V. sequent Acts An Act to explain, amend, and render into one Act, all the Altered by subLaws now in being for the purpose of making and repairing Repealed by 35 G. 3, c. 3. Highways in this Island. CAP. VI. An Act giving a Reward for the killing of Bears. Expired. CAP. VII. An Act for granting to His Majesty an additional Duty on all Virtually reenacted by 25 G. 3, c. 4, s. 1. pealed and re CAP. VIII. An Act for allowing a Drawback on all Rum, Brandy and other distilled spirituous Liquors, and all Wines exported from this Island; as likewise for exempting all spirituous Liquors and Wines from paying any Duty, that may be imported into this Island on purpose to be re-exported. Virtually repealed and re enacted by 25 G. 3, c. 4, s. 20. An Act for amending and rendering perpetual several Laws near expiring. HEREAS the several Acts hereinafter mentioned, which are near expiring, have been found to be variously useful and beneficial, viz:-An Act made and passed in the fourteenth year of His Majesty's reign, intituled An Act for licen F |