ANNO VICESIMO QUINTO GEORGII III. REGIS. At the General Assembly of His Majesty's Island of SAINT JOHN, begun and holden at CHARLOTTETOWN, the Twentyfirst day of March, Anno Domini 1785, in the Twentyfifth year of the Reign of our Sovereign Lord GEORGE the Third, by the Grace of God, of Great Britain, France and Ireland, King, Defender of the Faith. 1785. Lt. Governor. W.PATTERSON, President of Being the First Session of the Fourth General Assembly A. FLETCHER, convened in the said Island. Speaker. CAP. I. An Act to explain, alter and amend an Act made and passed in the twentieth year of his present Majesty's reign, intituled 66 "An Act appointing the recording of all Deeds of Sale, Conveyances and Mortgages. This Act, and the Acts 41 G. G. 3, c. 4, in to, repealed and re-enacted, with amendments, The provisions of this Act may affect titles to lands, but are omitted pursu- by 3 W. 4, c.10. ant to Act 12 Vic. cap. 23. CAP. II. An Act to explain, alter, amend, and reduce into one Act, an Act made and passed in the twentieth year of his present Majesty's Reign, intituled "An Act to enable Creditors to recover their just debts out of the effects of their absent or absconding debtors. This Act did not receive His Majesty's approbation. CAP. III. Repealed by 35 G. 3, c. 3. Repealed by 19 Vic. c. 1. Repealed by 9 Vic. c. 26. An Act to alter and amend so much of an Act made and passed in the twenty-first year of His present Majesty's reign, intituled "An Act to explain, amend, and render into one Act, all the Laws now in being, for the purpose of making and repairing Highways in this Island," as relates to the time appointed by said Act for performing Statute Labour; and some further regulations as to the payment and duty of Overseers of the Highways. CAP. IV. An Act to amend, render more effectual, and to reduce into one Act, the several Laws made by the General Assembly of this Island, relative to the Duties of Impost on Wines, Rum, Brandy, and other distilled Spirituous Liquors; and for allowing a Drawback on all Wines, Rum, Brandy, and other Distilled Spirituous Liquors, exported from this Island. CAP. V. An Act in addition to and amendment of an Act made and passed in the thirteenth year of His present Majesty's reign, intituled "An Act prohibiting the sale (by retail) of Rum, or other distilled Spirituous Liquors, without first having a License for that purpose, and for the due regulation of such as shall be licensed. Altered by 24 No greater interest than siz per cent. per anAum to be taken If more is exacted, bonds, contracts, &c. to be void. CAP. VI. An Act for establishing the Rate of Interest. E it enacted, by the Lieutenant Governor, Council and Assembly, That no person or persons whatsoever, upon any contract hereafter to be made, shall take, directly or indirectly, for loan of any moneys, wares, merchandises, or other commodities whatsoever, above the value of six pounds, for the forbearance of Interest of one hundred pounds for a year; and so after that rate for a greater or lesser sum, or for a longer or shorter time. II. And be it further enacted, That all bonds, contracts and assurances whatsoever, for payment of any principal or Money to be lent, or covenanted to be performed, upon or for contract for per cent. inter est, to forfeit the half to the King, and the whole value other to the › prosecutor. any usury, whereupon or whereby there shall be reserved or taken above the rate of six pounds in the hundred as aforesaid, shall be utterly void; and that all and every person or persons Persons who whatsoever, who shall, upon any contract to be made, take, shall on any accept and receive, by way or means of any corrupt bargain, goods, &c. take loan, exchange, chevizance, shift, or interest of any wares, more than six merchandise, or other thing or things whatsoever, or by any deceitful way or means, or by any covin, engine, or deceitful conveyance, for the forbearing or giving day of payment for one whole year, of and for their money, or other thing or things, above the sum of six pounds for the forbearing of one hundred pounds for a year, and so after that rate for a greater or lesser sum, or for a longer or shorter time, shall forfeit and lose, for every such offence, the moneys, wares, merchandise, and other things so lent, bargained, exchanged or shifted; one moiety thereof to be to the King's most Excellent Majesty, his Heirs and Successors, for the public use and support of his Government on this Island, and the other moiety to him or them who shall or may sue for the same in His Majesty's Supreme Court of Judicature, or in any other of His Majesty's Courts of Record that now are, or which may hereafter be established within this Island, by action of debt, bill, plaint or information, in which no essoin, wager of law, or protection shall be allowed: provided always, that nothing in this Act shall extend, or be construed to extend, to prevent any person or persons from contracting and agreeing with each other for the loan or hire of any quantity of Grain of any kind, or for any number of cows, horses, oxen, heifers, sheep, swine, or or any other kind of cattle, or for poultry of any kind, upon halves or otherwise, as the lender and hirer may agree; and that no such dealings shall be accounted usury; anything herein contained to the contrary notwithstanding: provided also, that nothing in this Act shall extend, or be construed to extend, cation, bottomto any specialty, hypothecation, instrument or agreement what- ry, &c. ever, in writing, which shall or may be made, entered into, or executed for any money lent or advanced upon the bottom of any ship or vessel-anything herein contained to the contrary notwithstanding: provided also, that all contracts and agree-font interest ments upon loan at interest, upon any other rate heretofore heretofore made than is prescribed by this Act, shall be good, valid and made, shall be effectual, to all intents and purposes whatsoever, in the same manner as if this Act had not been made. Not to extend to loan or hire of grain, cattle, &c., on shares: nor to hypothe Contracts upon good. within twelve III. And be it further enacted, That all prosecutions which Prosecutions to may be brought for any offence hereafter done or committed be commenced against this Act, shall be brought by the person or persons months. aggrieved, or by any person or persons who shall or may sue for the same, within twelve months from the time the offence was committed; and it shall and may be lawfnl for any person Persons ag or persons who shall think themselves aggrieved by any judggrieved at judgment of any inferior Court in this Island, to bring his Writ ment of any in- of Error, returnable in His Majesty's Supreme Court of Judi ferior Court to bring writ of error. cature. IV. And be it further enacted, That the moneys which Moneys arising may arise by operation of this Act, shall be accounted for unto tebe accounted His Majesty in the Kingdom of Great Britain, and to the for to His Ma- Commissioners of His Majesty's Treasury, or High Treasurer jesty, &c. for the time being, and audited by the Auditor General of His Majesty's Plantations, of his Deputy. Repealed by 36 G. 3, c. 6. 21 G. 3, c. 16. Fine 59 G. 3, c. 4, and note. Any Justice of Supreme Court, after due notice to adverse par ty or attorney, ay take the deposition of witnesses, infirm, or about to leave the Island; which shall be sealed up and directed to the Court where cause is to be tried. Gath to be made of due notice to adverse party er attorney. CAP. VII. An Act to explain and amend an Act made and passed in the twenty-first year of his present Majesty's reign, intituled "An Act for the preservation of Highways." CAP. VIII. An Act for admitting Depositions, de bene esse, of Witnesses, aged, infirm, or otherwise unable to travel, and of Witnesses departing from this Island. BE it enacted, by the Lieutenant Governor, Council and Assembly, That when it shall so happen that any of the Witnesses who may be judged necessary to be produced on the trial of any cause between party and party, shall be infirm, aged, or otherwise unable to travel, or when any such witness is obliged to leave this Island, it shall and may be lawful for any one of the Justices of His Majesty's Supreme Court of Judicature of this Island, or for any one of the Justices of any other of His Majesty's Courts of Record that now are, or which hereafter shall or may be established therein, where such cause is to be tried, after due notice in writing hath been given to the adverse party or parties, or to his, her or their Attorney or Attorneys, to be present (if he, she or they, or any of them see fit,) to take the deposition of such infirm or aged person or persons so unable to travel, or who is or are obliged to leave this Island as aforesaid: and such depositions so taken and certified under the hand and seal of the Justices of said Courts respectively (before whom such deposition has been taken), and sealed up and directed to the Court where such suit or action may be depending, shall be received as legal evidence in such cause: provided, proof shall be first made on oath, that due written notice was given to the adverse party or parties, or to his, her or their attorney or attorneys, of the time and place of taking such depositions: and each and every such written notice shall be duly served, at least six days pre vious to the day appointed for taking such evidence, if the same should be between the first day of May and the first day of November in each year; and if between the first day of November and the first day of May, then the same to be served ten days before such caption-each of said stated days to be exclusive of the day of service: and provided, nevertheless, that if such witnesses shall, at the time of the trial of the cause, be on this Island, or able to travel, they shall be required to give their testimony, viva voce, at such trial, in the same manner as if such depositions had not been taken: provided also, that all benefit of exceptions to the credit of such deponents shall be reserved in the same manner as on producing witnesses for examination, viva voce, at the trial. If at time of trial, such w nesses are in the Island, able to trave to be examined viva voce. Benefit of excredit of suc ceptions to the witnesses. Quakers allow II. And be it further enacted, That every person of the profession of the people called Quakers, who shall be required ed to make a to take an oath as aforesaid, shall, instead of an Oath, be permitted to make his or her solemn affirmation. III. And be it further enacted, That every person who shall have made such oath or, or solemn affirmation, and shall be convicted of having wilfully, falsely and corruptly sworn or affirmed, he, she or they shall incur the same penalties as persons convicted of wilful and corrupt perjury. CAP. IX. firmation, Persons convicted of swea falsely, to incur ing or affirming penalties as fæer perjury. An Act to repeal an Act made and passed in the thirteenth year of His Majesty's reign, intitutled "An Act prohibiting 13 G. 3, o. 64all masters of Ships or Vessels, or any other persons, from transporting or conveying away any person or persons out of this Island, or the Territories adjacent thereto, without a License or Pass, except only such as are thereinafter excepted." CAP X. An Act for permitting persons of the profession of the people called Quakers to make an affirmation instead of taking an oath. BE tion instead of E it enacted, by the Lieutenant Governor, Council and Quakers may Assembly, That all persons of the religious profession of make affirma the people called Quakers, who shall or may be required upon taking an oath. any lawful occasion to take an oath, may, instead of an oath in the usual form, be permitted to make his, her or their solemn declaration or affirmation in the following words, to |