Conveyance to rest legal title

in purchaser.

Costs, how to be made up.

Scale of costs.

on taxation of

purchaser or purchasers, being first duly registered, shall be sufficient to vest in him, her or them, a legal title and seisin of and in the lands in the said deed described, without any entry or levy having been made thereon, or actual possession given as aforesaid.

X. And be it enacted, That in each and every case where judgment shall be given against any lands in arrear as aforesaid, one bill of costs under each information and judgment shall be made up, which bill of costs shall be taxed by some one of the Justices of Her Majesty's Supreme Court of Judicature of this Island, agreeably to the scale of fees contained in the schedule to this Act annexed, marked (B), and that in every bill of costs so to be taxed, the said Justice, at the time Duty of Judge of such taxation, is hereby required and directed to divide the amount of such costs proportionably to the quantity of land in arrear, between the several lands, lots, and parts of lots, against which judgment shall be so given, and such division, with the sum apportioned to each parcel of land, lot, or part of a lot, shall be stated in the certificate or allocatur of the said Justice, subscribed or appended to the said bill of costs; and the several sums so expressed in such certificate or allocatur, shall be stated on the record of the said judgment, as the amount of costs awarded against each parcel of land, lot and part of a lot respectively.

costs.

Any land of

proprietor may sold for arrears

of assessment.

XI. And whereas, without express provision, it may be difficult for a purchaser of township lands sold under the operation of this Act, to obtain possession of such lands from the owner or owners, occupier or occupiers of lands on the same township, who shall have made default in payment of the assessment due on a portion, but not on the whole of the lands so owned or occupied: Be it therefore enacted, that in case the owner or owners, occupier or occupiers of any Township land or lands, or any lands situate on any island not included in any township charged by this Act, shall pay the Assessment for a lesser quantity of land than the quantity bona fide owned or occupied by such person or persons respectively, on such township or island, the Sheriff or Coroner may select the quantity of land by him to be sold, upon any part of the land owned or occupied by such person or persons so making default, to the extent of the quantity for which such person or persons shall have so made default, the said Sheriff, &c. not Sheriff or Coroner nevertheless having regard to the buildings and improvements of such defaulter, in not selecting the same in case there be remaining sufficient land in default to realize the amount of levy and expenses; and a conveyance thereof from the said Sheriff or Coroner to the said purchaser or pur chasers, executed and registered in the manner prescribed by this Act, shall effectually pass a good and valid title therein

to select lands having buildings or improvements thereon.

to the said purchaser or purchasers, any thing in this Act to the contrary thereof notwithstanding.

lowed to former

owner.

XII. Provided always, and be it enacted, That in case of Equity of reany lands being sold under the authority of this Act, an equity demption alof redemption shall nevertheless be open to the former owner or owners, proprietor or proprietors, his, her, or their heirs or assigns, for the space of two years next after the day on which the same shall have been sold; the former owner or owners, proprietor or proprietors, his, her or their agents, heirs or assigns repaying the purchase money, with lawful interest thereon, and also all reasonable expenses attending the same, and a fair allowance for such improvements as shall or may be made thereon; the same in case of a dispute, to be ascertained by the Supreme Court.

XIII. And be it enacted and declared, That in case a part only of the lands situate on any township, or any Island not included in any township so in arrear for nonpayment of the assessment charged thereon by this Act, shall be sold for the payment of the whole amount of assessment remaining unpaid on such township or island, the former owner or owners, proprietor or proprietors of such lands as shall be so sold, his or their heirs, executors, or administrators, shall be entitled to receive from the owner or owners, proprietor or proprietors of the remaining lands on the said township or island so in arrear, his, her, or their agents, heirs, executors, or administrators, the amount of assessment remaining unpaid for such lands respectively, and also a ratable proportion of the costs of the judgment and expenses attending such sale, such proportion to be regulated by the quantity of land in arrear on the same township, and in case of dispute, to be ascertained by the Supreme Court.

Provides a remedy for owner

of lands in certain cases.

where Sheriff,

XIV. And be it enacted, That no fieri facias, issued under No Coroner to the authority of this Act, shall be executed by the Coroner of execute fieri this Island, or of any County within the same, unless in such facias unless cases where the Sheriff or his Deputy shall be personally in- &c. is personalterested, or otherwise disqualified, anything herein contained ly interested. to the contrary notwithstanding.

Treasurer to

ties to receive

assessment.

XV. And be it enacted, That it shall and may be lawful to and for the Treasurer of this Island for the time being, by appoint depuwriting, under his hand and seal, to nominate and appoint such and so many deputies, not less than three, for each County, as to the said Treasurer shall seem meet, and for the faithful discharge of whose duties, the said Treasurer shall be responsible, and which deputies shall be appointed for certain districts or sections of the County respectively, to be defined and published by the said Treasurer, and such deputies shall Duty of depuand they are hereby required, to open books of account for the

ties.

receipt of the said assessment, and shall keep open their books until the fourteenth day next before the first day of the term at which proceedings, by proclamation, are to be taken against the lands of any defaulter or defaulters, agreeably to the provisions of this Act, and shall forthwith forward the assessments received, together with their books, or true copies thereof, to the Treasurer; and each and every deputy shall be allowed for his trouble the per centage following, that is to say, collecting, &c. the sum of ten pounds per centum on the first fifty pounds of assessment, or any less amount in the whole by him received, and upon the residue of the amount by him received, beyond the said sum of fifty pounds, five pounds per centum, and no

Allowance to

deputies for

Limits assessment.

Treasurer and deputies to

grant receipts

for all moneys

or them.

more.

XVI. And be it enacted, That no assessment for any tract of land exceeding one thousand acres, shall be paid into the hands of the sub-collector of assessment appointed for Charlottetown.

XVII. And be it enacted, That the said Treasurer and deputies shall, and are hereby required, upon receiving any sum or sums of money under and by virtue of this Act, to received by him grant a receipt for the same, specifying thereon the name of the person paying the same, and the quantity of land for which, and on what township the same has been paid, or if situate in any of the towns or royalties, specifying the number of the lot, and whether a town, common, pasture, or water lot, also stating whether improved or unimproved, cultivated or uncultivated, as the case may be.

On sale of lands, overplus of moneys to be

urer for benefit of former

owner.

XVIII. And be it enacted, That when the Sheriff, Coroner, or other officer who shall have sold any lands under the provisions of this Act for nonpayment of assessment and costs. paid to Treas and that such lands shall have produced more than sufficient for the payment of such assessment and costs, the Sheriff, Coroner, or other officer shall, and he is hereby authorized to pay over into the hands of the Treasurer of this Island for the time being, the overplus of such moneys, for the benefit of the proprietor or proprietors of such lands, and in case of dispute as to the right of any claimant to receive such overplus, the same shall be determined in a summary way by the Justices of Her Majesty's Supreme Court of Judicature, and any costs incurred thereby shall be paid by the person or persons wrongfully claiming the same, or otherwise apportioned, as to such Justices shall seem just and equitable.

All lands to be deemed unimproved unless

owner or occupier deliver a

XIX. And be it enacted, That all lands liable to the assessment as aforesaid, shall be taken and deemed to be wilderness or unimproved lands, as well in the townships as in the several towns and royalties aforesaid, and the same shall be charged with assessment as such wilderness or unimproved

return to

land, unless the owner or occupier for the time being of any such land shall at the time such assessment shall be paid, Treasurer, &c. deliver, or cause to be delivered, at the office of the Treasurer of this Island, or to any of his deputies, a true return or account of such land, the same to be entered in the books of the said treasurer or receiver, in the form set forth in the schedule to this Act annexed, marked (C); and if any owner or occupier of any such lands or lots as aforesaid, shall make a false return of such lands or lots, he, she, or they shall, on conviction, forfeit and pay for every such offence, a sum not exceeding fifty pounds; the same to be recovered, with costs, in Her Majesty's Supreme Court of Judicature in this Island, and one half of such fine or penalty shall be paid to the person who shall inform and sue for the same, and the other half shall be paid into the treasury of this Island, for the use of Her Majesty's Government, and the books of original entry of the said Treasurer or receivers shall be deemed and taken as evidence of the said return.

XX. And be it enacted, That when, by reference to the said return, it shall appear that any person or persons is or are the owner or owners, lessee or lessees of any single tract or quantity of land containing three hundred acres, or any less quantity, and shall have actually settled thereon, or in case of nonresidence, shall have inclosed and cultivated in the proportion of five acres for each and every hundred acres of land, of which such person or persons shall be the owner or owners, lessee or lessees, for the time being as aforesaid, and in the same proportion for any less quantity thereof, such tract of land shall be deemed cultivated or improved land within the meaning of this Act.

What lands shall be deemed

cultivated or improved.

proved lots in

XXI. And be it enacted, That no town lot in the towns What shall be of Charlottetown, Georgetown and Princetown respectively, deemed cultishall be deemed to be cultivated and improved within the vated or immeaning of this Act, unless such town lot shall be wholly the several cleared, or unless such town lot shall have a dwellinghouse, towns and barn or stable, actually used as such, erected thereon, which royalties. said clearance and buildings, or any or either of them, shall be a sufficient improvement and cultivation; and no pasture lot or common lot within the royalty and common of Charlottetown, shall be deemed to be so improved and cultivated, unless three acres of such lot shall be cleared and enclosed under fence; and no pasture lot within the royalties of Georgetown and Princetown respectively, shall be deemed to be improved or cultivated, unless two acres of such lot shall be cleared and under fence as aforesaid.

Confirms sales

XXII. And be it enacted, That no omission of any direction contained in this Act, relative to notices or forms of pro- notwithstand

sion of any direction of this Act previous to such sale.

ing any omis- ceeding, previous to any sale made under this Act, shall extend to render such sale invalid; but the person guilty of any such omission or neglect, shall be liable to punishment therefor, and shall answer the party for any damage occasioned thereby, in any legal proceeding that may be properly instituted for that purpose.

Treasurer to

account of moneys, &c.

XXIII. And be it enacted, That the Treasurer shall keep a keep a separate separate and specific account of all moneys raised and applied by virtue of this Act, which account shall be annually laid before the House of Assembly within ten days next after the commencement of each session.

Penalty on

Treasurer paying money arising from

this Act for

XXIV. And be it enacted, That if the Treasurer of this Island shall issue and pay any of the said moneys arising under this Act for any other purpose than is therein mentioned, or than shall be directed by any Act of the Legislature of this any other pur. Island hereafter to be passed, he shall forfeit and pay the sum of one thousand pounds, and be rendered incapable of holding the office of Treasurer; the said forfeiture to be applied to and for the use of Her Majesty's Government, and to be recovered by bill, plaint, or information, in Her Majesty's Supreme Court of Judicature of this Island.

pose than is

specified there

in.

No other fees

to be taken under this Act than as speci

XXV. And be it enacted, That no further or other fees shall be taken or received by any person or persons whomso ever, under authority of this Act, than such fees as shall be contained in the bill of costs taxed and allowed by one of costs annexed. the Justices of the Supreme Court, agreeably to the scale annexed to this Act as aforesaid, any thing in this Act to the contrary thereof notwithstanding.

fied in bill of

This Act to have no force

or effect unless

Her Majesty

shall relinquish during its con

her quit rents

tinuance.

Suspending clause.

Relates to

moneys to be paid to Lieu

XXVI. And whereas this Act has been passed in the confident expectation that Her Majesty, taking into consideration the limited resources of this Colony, and the long retarded state of the settlement and improvement of the principal lands therein, will be graciously pleased to forego Her Majesty's claim to the quit rents, during the continuance of this Act: Be it therefore enacted, that the operation of this Act shall be suspended, and it shall be of no force or effect, until it shall be ascertained that Her Majesty shall have been pleased to relinquish all claim to the said quit rents during the continuance of this Act: provided always, that nothing in this Act contained shall have any force or effect till Her Majesty's pleasure therein shall be known.

XXVII. And be it enacted, That so long as this Act shall be in force, and so long as the civil list of this Colony shall continue to be defrayed by the Imperial Government, there tenant Govern- shall be granted and paid to the Lieutenant Governor for the time being, administering the Government of this Island, out

or.