14 G. 3, c. 1. 14 G. 3, c. 3. 20 G. 3, c. 4. (1st session.) 20 G. 3, c. 6. 20 G. 3, c. 5. sing and regulating_ Ferries (a)-an Act made and passed in the said fourteenth year of His Majesty's reign, intituled An Act for regulating the measure of Boards, and all other kind of Lumber, and for appointing Officers to survey the same (b)-an Act made and passed in the twentieth year of His Majesty's Reign, intituled An Act to ascertain the Privileges of the Members of the Assembly, dec. (c)—an Act made and passed in the said twentieth year of His Majesty's reign, intituled An Act to prevent Swine running at large in Charlottetown (d)-and an Act made and passed in the said twentieth year of His Majesty's Reign, intituled An Act to prevent the running at large of Stone Horses, and killing of Partridges in the pairing and hatching season: And whereas it is found that the first Friday of August is too early for killing of Partridges-Be it therefore enacted, by the Governor, Council and Assembly, That from and after the publication hereof, it shall not be lawful for any person or persons whatsoever, to shoot, kill, or otherwise destroy, or to have in his, tween 1st April her, or their possession, any Partridge or Partridges, between under the pe- the first day of April and the first day of September, annually; nalty inflicted and all persons offending herein shall be subject to the same by 20 G. 3, c. 5. penalties as mentioned in the said last recited Act—which penalties are to be recovered and applied in the same manner as is directed by the said Act. No person to kill or have in possession, Par tridges, be and 1st Sept., Recited Acts made perpetual II. And be it further enacted, That the severalActs hereinbefore mentioned, and every clause, matter and thing therein contained, together with the foregoing clause, altering, amending and enlarging the said Act, intituled An Act to prevent the running at large of Stone Horses, and killing of Partridges, from henceforth be, and the same are hereby declared to be, in full force and effect for ever. (a) Repealed by 3 W. 4, c. 8. (b) Repealed by 1 G. 4, c. 3, (c) This Act was disallowed by His Majesty in Council, the 29th of June, 1781. (d) Repealed by 3 W. 4, c. 27. CAP. XII. See 26 G. 3, o. 1. An Act for raising a fund to make and keep in repair the Passed with a suspending clause, and not approved of by His Majesty. CAP. XIII. An Act for enforcing the payment of His Majesty's Quit Rents due, or which may become due, within this Government; and to authorize the Receiver General to recover the same, by sale of the Lands, or otherwise, CAP. XIV. An Act to prevent disorderly riding of Horses, and driving of Repealed by 1 Carts, Trucks and Sleds, or any other Carriage whatsoever Vic. c. 14. within Charlottetown. CAP. XV. Repealed by An Act declaring that Baptism of Slaves shall not exempt 6 G. 4, c. 7. them from bondage. 30. An Act for the limitation of Actions, and for avoiding Law- See 7 W. 4, c. suits. All actions of trespass, &c., menced within six years after to be com the cause of such action. III. And be it further enacted, That all Actions of Trespass quare clausum fregit, all actions of trespass, detinue, action of trover and replevin for taking away of goods and cattle; all actions of account and upon the case, (other than such accounts as concern the trade of merchandise between merchant and merchant, their factors and servants;) all actions of debt grounded upon any lending or contract without specialty; all actions of debt for arrearages of rent, and all actions of assault, menace, battery, wounding and imprisonment, or any of them, which shall or may be sued or brought at any time after the end of this present session of the General Assembly, shall be commenced and sued within the time and limitation hereafter expressed, and not after-that is to say, the said actions upon the case (other than for slander), and the said actions for account, and the said actions for trespass, debt, detinue, and replevin for goods or cattle, and the said action of trespass, quare clausum fregit, within three years next after the end of this present session of the General Assembly, or within six years next after the cause of such action or suits, and not after; and the said actions of trespass, assault, battery, wounding, imprisonment, or any of them, within six months Battery, &c., next after the end of the present session of the General Assem- within one bly, or within one year next after the cause of such actions or suits, and not after; and the said action on the case for words, Words within within three months after the end of the present session of the six months. General Assembly, or within six months next after the words spoken, and not after. year. Any of the said actions rever in arrest of one year. IV. And be it further enacted, That if in any of the said actions or suits, judgment be given for the plaintiff, and the sed by error, or same be reversed by writ of error; or if a verdict pass for the judgment, may plaintiff, and upon matter alleged in arrest of judgment, the be commenced judgment be thereupon given against the plaintiff, that he or de novo within she take nothing by his or her plaint, writ, or bill; or if any of the said actions be brought by original, and the defendant therein be outlawed, and shall afterwards reverse the outlawry -that in any or all such cases the party plaintiff, his heirs, executors or administrators (as the case may require), may commence a new action or suit, from time to time, within one year after such judgment reversed, or such judgment given against the plaintiff, or outlawry reversed, and not after. After judgment or nonsuit in quare clausum fregit, the plainrenew the suit. tiff barred to In actions of and slander no more costs than damages to be given, V. And be it further enacted, That in all actions of trespass quare clausum fregit, hereafter to be brought, wherein the defendant or defendants shall disclaim, in his, her or their plea, to make any title or claim to the land in which the trespass is, by the declaration, supposed to be done, and the trespass be by negligence or involuntarily done, the defendant or defendants shall be admitted to plead a disclaimer, and that the trespass was by negligence or involuntarily done, and a tender or offer of sufficient amends for such trespass before the action brought; whereupon, or upon some of them, the plaintiff or plaintiff's shall be enforced to join issue: and if the said issue be found for the defendant or defendants, or if the plaintiff or plaintiffs be nonsuited, the plaintiff or plaintiffs shall be clearly barred from the said action or actions, and from all other suits concerning the same. VI. And be it further enacted, That in all actions of trestrespass, assault pass, actions for assault and battery, and in all actions for slanderous words to be sued or prosecuted by any person or persons whatsoever, after the end of the present session of the General Assembly, if the jury upon the trial of the issue in such action, or the jury that shall inquire of the damages, do find or assess the damages under forty shillings, that then the plaintiff or plaintiffs in such action shall have and recover only so much costs as the damages so given or assessed amount unto, without any further increase of the same: provided, the Judge, at the trial of any action of assault and battery, or action of trespass, shall and do certify, under his hand, upon the back of the record, that the assault was sufficiently proved; or that the freehold and title of the land mentioned in the plaintiff's declaration was chiefly in question; or that the trespass was voluntary and malicious; that then the plaintiff, in such case, shall recover his full costs, though the jury should find damages to be under forty shillings: provided nevertheProviso, in case less, that if any person or persons that is or are, or that shall or may be entitled to any such action of trespass, detinue, unless the judge certify, &c. of non age, feme covert, non com action of trover, replevin, action of account, debt, trespass for assault, menace, battery, wounding or imprisonment, actions pos mentis, &c. on the case of words, be, at the time of any such cause of action given or accrued, within the age of twenty-one years, feme covert, non compos mentis, imprisoned, or beyond the seas-in any or either of which cases, such person or persons shall or may be at liberty to bring the same actions, so as the same be done within such times as are herein before limited after their coming to or being of full age, discovert, of sane memory, at large, and returned from beyond the seas, as by other persons having no such impediment should or might be done. VII. And be it further enacted, That if any person or persons against whom there is, shall, or may be any cause of suit, or action of trespass, detinue, trover, or replevin for taking away any goods or cattle, or of action of account, or upon the case, or of debt grounded upon any lending or contract without specialty, of debt for arrearages of rent, or assault, menace, battery, wounding and imprisonment, or any of them be, at the time of such cause of suit or action given or accrued, beyond the seas; that then such person or persons who are or may be entitled to any such suit or action shall be at liberty to bring the said actions against such person and persons after their return from beyond the seas, so as they commence the same within such times after their return, as are respectively limited for the bringing of the same by this Act. 7 W. 4, c. 30, repeals so much of this Act as related to "the limitations of actions of or for Real Estate;" the two first sections [relating thereto, are therefore omitted. Actions against persons beyond brought after their return. the seas, may |