by the Lieutenant, Governor or Administrator of the Government for the time being, in like manner, as in the case of other judicial appointments; and provided also, that such person so appointed shall be a Barrister of at least seven years standing. II. And be it enacted, That the Master of the Rolls to be appointed under the provisions of this Act, shall have the like powers and authority, in respect to the Court of Chancery in this Island, so far as the common and statute Laws in force in this Island extend, that the Master of the Rolls in England has in respect to the like Court in that country: and the Assistant Judge of the Supreme Court, so to be appointed, shall have the like powers and authority in respect to the Supreme Court in this Island, so far as the common and statute laws in force in this Island extend, as a Puisne or Assistant Judge of the Court of Queen's Bench in England, has in respect to the like Court in that country; except in both cases, so far as the same shall or may be altered, enlarged, limited or regulated by virtue of any Act of the Legislature of this Island, now or hereafter to be passed. Person to be apBarrister, &c. pointed to be a Power and au thority of Mas ter of the Rolls. Further powers and duty of Rolls. III. And be it enacted, That the Master of the Rolls for the time being, in all cases, except on appeals from his decision and hearings thereon before the Chancellor, shall be and be deemed the responsible adviser and Judge of the said Court of Chancery, and shall sign all rules, orders and decrees made by him therein; and the signature of the Chancellor, except in the cases aforesaid, shall not be necessary to the validity of any such rules and orders in any cause or to any decree made in the absence of the Chancellor from this Island: provided Enrolment of always, that the enrolment of all decrees shall be signed by be signed by the Chancellor, to whom the same shall be presented, to be Chancellor. signed for enrolment. all decrees to IV. And be it enacted, That there be granted and there is Salary to be hereby granted to His Excellency the Lieutenant Governor, paid to Master or person administering the Government for the time being, of the Rolls. the sum of five hundred pounds currency, annually, as a salary to such person being Master of the Rolls in the Court of Chancery, and Assistant Judge of the Supreme Court in this Island, to commence from the time of the appointment of such officer; and such salary shall be paid to such officer, when appointed, by quarterly instalments, by warrant, under the hand and seal of His Excellency the Lieutenant Governor, upon the treasury of this Island, in favor of such officer. V. And be it enacted, That the Master of the Rolls and Person apAssistant Judge appointed under and by virtue of this Act, pointed not to shall be deemed ineligible for holding a seat in either the Ex-hold a seat in ecutive or Legislative Councils, or House of Assembly of this or House of either Council Assembly, nor Island, nor shall it be lawful for him to practise in any manto practise, &c. ner as a solicitor, proctor, master in chancery or attorney, or to in any Court, &c. No fees payable to Master of the Rolls. Administrator of Government to appoint fit persons to of fices of Regis trar and masters in Chancery. Repeals 8th 4, c. 12. hold any agency of any kind whatsoever, or to act as an agent, or be concerned in any manner, either directly or indirectly, in the management of lands or collection of rents in this Island, not being bona fide the estate and property owned by such Master of the Rolls and assistant Judge. VI. And be it enacted, That there shall not in future be any fees in chancery paid to the Master of the Rolls. VII. And be it enacted, That as soon as Her Majesty shall appoint a fit and proper person to be Master of the Rolls for this Island, it shall and may be lawful for the Administrator of the Government for the time being, to nominate and appoint fit and proper persons to the offices of Registrar and Masters, and also to fill such other offices, as are or may be necessary or required for the due administration of the said Court of Chancery, and for carrying into effect the orders, rules and decrees of the Court of Chancery, according to any laws now existing, until an Act shall be passed by the Legislature of this Colony regulating the procedure of the said Court. VIII. And be it enacted, That from and after the passing section of 3 W. of this Act, the eighth section of an Act made and passed in the third year of the reign of King William the Fourth, intituled "An Act to regulate and establish the stated times and places for holding the Supreme Court in King's and Prince Counties," and to constitute the Michaelmas Term of the said Court in Queen's County, a term for the trial of issues for a limited period," shall be, and the same is hereby repealed; and the assistant Judge of the Supreme Court so to be appointed under and by virtue of this Act, shall have and be vested with as full power and authority as is given to the Chief Justice of the said Supreme Court, in and by the said Assistant judge appointed un der this Act, to have same powers as are given to Chief Justice by Act 3 W. 4, c. 12. recited Act.* Amended by 12 Vic., c. 7, 15 For former Acts 11 G. 4, c. 17, 3 W. 4, c. 29, 7 W. 4, c. 15, 7 W. 4, c. 31, 8 V., c. 17. CAP. VII. An Act for levying further an assessment on all lands in this WHEREAS the Act of the Legislature, by which an as sessment is levied on all lands in this Island, will shortly expire, and it is just and reasonable, and also necessary, for the maintenance of public credit, that a portion of the public *The whole of the statute referred to in this section has been repealed by 17 Vic., c. 9-which see. ment. revenue should in future be raised by a tax on all lands in this Island: Be it therefore enacted, by the Lieutenant Governor, Council and Assembly, that there shall be paid, annually, dur- Rates of annual ing the continuance of this Act, into the hands of the Trea- land assesssurer of this Island, or his deputies, the sum of five shillings lawful money thereof, for every hundred acres of wilderness or unimproved lands contained in the several townships, and the several islands belonging thereto, except as hereinafter is excepted; and the sum of two shillings and six pence for every hundred acres of cultivated or improved land in the said several townships and islands as aforesaid; and the sum of four shillings for each and every uncultivated or unimproved town lot, pasture lot, common lot, and water lot, granted in the town and royalty of Charlottetown; and the sum of two shillings and six pence for each and every cultivated or improved town and water lot in the said town; and the sum of two shillings for each and every cultivated or improved pasture and common lot as aforesaid; and the sum of two shillings and eightpence for each and every town lot, pasture lot and water lot, granted in the towns and royalties of Georgetown and Princetown; and the sum of one shilling and four pence for each and every cultivated or improved town, pasture, and water lot, granted in the said last mentioned towns and royalties; and so in proportion for a less quantity, the first annual payment of the said several sums of money to be paid as aforesaid, by the several and respective owners, proprietors, or occupiers thereof, within three months next after Her Majesty's When payable, royal allowance to this Act shall have been published in the Royal Gazette newspaper. II. And whereas the owners or occupiers of lands in the royalty of Georgetown, called reserved lands, have hitherto been assessed in proportion to the assessment levied on township lands in this Island; and whereas the elective franchise hath been conferred on persons owning or occupying eight acres of such reserved lands, for the return of members to serve in the General Assembly of this Island, to represent the said town and royalty, in the same manner in which owners or occupiers of pasture lots in the said royalty enjoy the said franchise, and such privilege hath been conferred on such owners or occupiers on their own special application and request; and under such circumstances, it is just and proper that the owners or occupiers of such lands should pay a fair and reasonable assessment for the same: Be it therefore enacted, that the owners or occupiers of at least eight acres of such reserved lands, shall pay the sum of one penny per acre on each and every acre of such lands as may be deemed cultivated or improved lands, according to the provisions of this Act, as regards pasture lots in the royalties of Georgetown and Rate of assess ment on reser ved land nears Georgetown. information against lands in arrear. Amount of costs where land in arrear 500 acres. Princetown, and the sum of twopence per acre on each and every acre of such lands as may be deemed uncultivated or unimproved lands under such provisions as regard pasture lots in the royalties of the said towns. IV. And be it enacted, That all informations which shall Mode of filing or may be filed in the said Supreme Court by Her Majesty's Attorney or Solicitor General, against any lands so in arrear, shall be against the said lands, as they are hereinafter classified, that is to say, one information only shall be filed against all the lands in arrear on each of the several townships in this Island provided always, that where the lands in arrear on every township do not exceed the quantity of five hundred acres, that then, and in such case, the costs to be taxed by the does not exceed Attorney or Solicitor General, shall not exceed the sum of three pounds; and one information only against all the lands in arrear on each island, not included in any such township; one information only against all and singular the several lots and parts of lots in arrear in each of the towns in this Island, town lots and water lots inclusive; and one information only against all and singular the several lots and parts of lots in arrear, in each of the royalties in this Island, pasture, common, and all other description of lots inclusive; and that all further proceedings which shall or may be had or taken by virtue of this Act against any lands so in arrear, down to final of information. judgment inclusive, shall follow the course of the said information against the said lands, as they are herein before classified. Proceedings to final judgment to follow course On final judgment, Court to direct a sale at of lands in arrear. V. And be it enacted, That in and by all such judgments as shall be given against any township lands so in arrear, or lands in arrear situated on any island not included on any public auction township, the said Supreme Court shall order and direct that so much of the several lands against which judgment shall be given, as shall be sufficient to pay the sums charged by this Act, together with reasonable costs, be sold at public auction to the highest bidder; and in and by all such judgments as shall be given against any lots and parts of lots so in arrear, situate in any of the said towns, or lots and parts of lots in arrear, situate in any of the said royalties, the said Supreme Court shall order and direct, that the said lots and parts of lots so in arrear, or as much thereof of each class respectively as may be necessary, shall be severally sold at public auction, to the highest bidder, for the payment of the assessment due thereon, together with reasonable expenses; and the said Supreme Court, upon such several judgments, shall issue a fieri facias to the Sheriff or Coroner of the County wherein such lands shall be situate for that purpose, who, after having given thirty days' previous notice, shall proceed to the sale of the said lands, pursuant to the said writ. VI. And be it enacted, That it shall be in the power of the Sheriff or Coroner to adjourn any sale from day to day at his discretion, on giving public notice thereof, and if any purchaser shall not pay the amount declared, on the day of sale, it shall be lawful for the said Sheriff or Coroner to resell the the same, on any other day, to which the sale of such lands shall be adjourned. Sheriff, &c. to declare at sale bounds. metes and VII. And be it enacted, That the said Sheriff or Coroner, before proceeding to sell such lands, shall ascertain, and at the sale publicly declare the metes and bounds thereof, as particularly as the same can or may be described, and shall make and execute to such purchaser or purchasers, at his, her, or their expense, a conveyance thereof, in the form set forth in Form of conthe schedule to this Act annexed, marked (A), which convey- veyance. ance, when registered within the time hereinafter limited for that purpose, shall be good and valid in law, to all intents and purposes whatsoever: provided always, that the lands therein described, have been lands in arrear for nonpayment of the assessment charged thereon by this Act, and for which such judgment shall have been given as aforesaid; and the said Sheriff or Coroner shall, on behalf of the purchaser or Conveyanee to purchasers of any lot or lots, situate in any Town or Royalty purchaser of in this Island, sold by the said Sheriff or Coroner as aforesaid, make and execute to such purchaser or purchasers, at his, her, or their expense, a conveyance thereof, in the form last aforesaid, which conveyance, when registered within the time hereinafter limited for that purpose, shall be good and valid in law, to all intents and purposes whatsoever. Town or Pas ture Lots, &c. No conveyance under this Act unless regis to have effect VIII. Provided always and be it enacted, That no deed or conveyance executed under the authority of this Act by such Sheriff or Coroner, to the purchaser or purchasers of any lands whatsoever, in arrear for nonpayment of the assessment tered. charged thereon by this Act, shall have any force or effect, either at law or in equity, unless such deed of conveyance shall have been duly registered in the proper office appointed for the registry of deeds in this Island, within twelve calendar months from the date of such sale, any thing in this Act to the contrary thereof, notwithstanding. IX. And be it enacted, That it shall not be necessary for, or incumbent on the Sheriff or Coroner, to whom any fieri facias shall be directed under the authority of this Act, to make an actual entry on any lands whatsoever so in arrear, or any part or portion thereof, either for the purpose of levying the said writ of execution thereon, or delivering actual seisin or possession to the purchaser or purchasers thereof, after such sale, it being hereby declared that the execution of the deed of conveyance alone by the Sheriff or Coroner to the Not necessary for Sheriff, &c. on lands in ar to make entry rear, levying execution. |