No dilatory plea to be received, unless on affidavit. Bee 11 G. 4, c. 7. murder, or to any indictment or presentment of treason, felony or murder, or other matter, or to any process upon any of them, or to any writ, bill, action, or information, upon any penal statute. IX. And be it further enacted, That no dilatory plea shall be received in His Majesty's said Supreme Court, or in any other Court of record which now is or which shall or may be established, unless the party offering such plea do, by affidavit, prove the truth thereof, or shew some probable matter to the Court, where the suit may be depending, in order to induce them to believe that the fact of such dilatory plea is true. CAP. VIII. An Act for quieting the minds of, and establishing certain Altered and CAP. IX. An Act for more especially making Lands and Tenements smended by 35 liable for the payment of debts; also, to enable the holders G. 3, c. 8, and 7 Vic. c. 13. of Mortgages to sell the premises mortgaged to them more See also 7 W. 4, a. 14; 12 Vic. c. speedily and at less expense than heretofore; as also to 2; 23 Vic. c. 7, repeal an Act made in the twenty-first year of his present and 24 Vic. c. 5. Majesty's Reign, intituled An Act making Lands and Tenements liable for the payment of debts. Recited Act ropealed. Lands, &c.made ment of debts. WHEREAS great inconveniences have arisen to the cre ditors, as well as owners of Real Estates within this Island, from the manner in which lands and tenements have been heretofore made liable to the payment of debts: for remedy whereof-Be it enacted, by the Lieutenant Governor, Council and Assembly, that from and after the publication hereof, an Act made in the twenty-first year of his present Majesty's reign, intituled An Act making Lands and Tenements liable for the payment of Debts, shall be no longer in force within this Island, but that the same, and every part thereof, is hereby repealed. II. And whereas it will tend to the great benefit of this Island, to make lands and tenements liable, like goods and chattels, to the payment of debts, as thereby the value of lands will be increased, and the landholders more easily obtain credit, by which means they will be enabled to extend their cultivations and improvements: -Be it therefore enacted, Any person recovering judgment, for want of other effects, vy execution on the debtor's real vertise as much thereof as may discharging the execution, &c., to be sold in six Sheriff may le estate; and ad be sufficient for months. That from and after the publication hereof, all lands, tenements and hereditaments within this Island, shall, and the same are hereby made liable to the payment of all debts contracted by the owner thereof, in as full and ample a manner as the goods, chattels or effects of debtors were heretofore made liable for the payment of their just debts, subject only to the rules and regulations hereinafter mentioned and expressed-that is to say, when any person or persons, after the publication hereof, shall recover judgment in any of His Majesty's Courts of Record which now are or hereafter shall or may be established in this Island, for any sum or sums of money, or for costs of suit, and the person or persons against whom judgment shall be so obtained shall be either unable or unwilling to satisfy such judgment in money, or if he or some person in his behalf, shall not produce and shew sufficient personal estate, whereon to levy execution on such judgment; then and in such case, it shall and may be lawful for the Sheriff or his deputy to extend such execution on the real estate of such debtor or debtors; and after such real estate or estates shall be so taken in execution, it shall and may be lawful for the said Sheriff or his deputy immediately to advertise, as hereinafter is directed, the said estate so taken in execution, or so much thereof as shall be sufficient to discharge the execution so extended thereon, with costs and charges, to be sold at the most public place within his precinct, in six calendar months,* to be computed from the day in which such execution shall be extended, and advertisements so posted; which advertisements shall be posted at three of the most public parts of Charlottetown, and shall also be posted upon the premises so to be sold: and the said premises so to be sold shall be thereupon put up to fair auction, and shall be sold to the highest bidder, who shall be declared by the Sheriff or his deputy to be the purchaser and it shall and may be lawful for the said Sheriff or his deputy to execute immediately, to such person or persons as shall purchase the premises so sold at auction as aforesaid, an absolute deed of sale, without any clause of redemption therein contained, specifying therein the consideration paid by the purchasers, as well as the name or names of the former owner or owners of said lands, and the name or names of the person or persons at whose suit such lands have been sold; which deed shall be good and sufficient in law to create to and vest in such purchaser or purchasers, shall be to the their heirs or assigns, a good and absolute estate in fee simple, purchaser a for ever, or otherwise as the nature of the estate so sold shall fee simple. good estate in admit of, and in the premises comprehended in such deedprovided, such premises were the absolute estate in fee simple or otherwise as aforesaid, of the person or persons against whom Proviso. the execution, by virtue whereof such sale shall be made, was * Extended to two years by 35 G. 3, o. 8. the purchasers of Sheriff to execute a deed to the premises, without any demption; clause of re which deed If premises so sold shall be under lease, tenant to at Lorn to the purchaser. Tenant refusing lease to become void, without any process at daw, and be subject to to attorn, his action of damaly overholding. ges, for illegal In case only part of premises under lease may be necessary to be Bold by said execution. issued and it shall and may be lawful for the Sheriff or his deputy, after such deed shall have been so executed, to enter into the premises specified in such deed, and to put such purchaser or purchasers into the quiet and peaceable possession thereof. III. Provided nevertheless, That if the premises so sold, or any part thereof, shall have been leased by instrument in Sheriff to notify writing, to any tenant or tenants, before the extending execution thereon, whose lease or leases shall not have expired at the time of such sale, that then it shall and may be lawful for the Sheriff or his deputy, to notify such tenant or tenants, that they must attorn and become tenants to such purchaser or purchasers: and in case such tenant or tenants, after such notice received as aforesaid, shall refuse to attorn and become tenant or tenants to such purchaser or purchasers, according to law, that then the lease or leases of such tenant or tenants shall be deemed null and void, to all intents and purposes, without any process at law whatsoever, the same as if such lease or leases had never been executed: and further, it shall and may be lawful for such purchaser or purchasers, in any Court of Record which now is or which hereafter shall or may be established in this Island, to prosecute and recover against such tenant or tenants, damages and costs for such illegal overholding and in case only part of the premises included in the lease or leases of such tenant or tenants may be necessary to be sold by virtue of such execution or executions, and it may be uncertain how much of the whole rent reserved in the lease or leases of such tenants he or they ought to pay the purchaser or purchasers under such execution or executions, it shall and may be lawful for the Sheriff or his deputy to estimate the same by the appraisement of three reputable impartial householders, dwelling in the neighbourhood where such lands shall or may lie, who shall be thereupon sworn by the Sheriff or his deputy to decide impartially between the parties—one of said appraisers to be appointed by the owner or owners, tenant or tenants, or his or their landlord or landlords; the other by the purchaser, and the third by the Sheriff; and if the said parties, or some person lawfully authorized thereto by them, after such notice given, shall neglect to attend the Sheriff to appoint appraisers as aforesaid, it shall and may be lawful for the Sheriff or his deputy to nominate as aforesaid for the persons so neglecting: and after such appraisers shall have estimated the portion of rent such tenant or tenants ought to pay to the person or persons so purchasing a part of the premises leased to him or them, such tenant, after being properly notified, shall attorn and become tenant to such purchaser; and in case of refusal to attorn and become tenant to such purchaser, he or they shall thereupon be liable to the same penalties in every respect, and to be prosecuted as Sheriff, &c., to swear three householders appraisers to estimate the rents, &c. aforesaid; and such tenant or tenants, upon attorning as aforesaid, shall stand discharged of and from the claims of his or their landlord, for so much rent as the said appraisement shall amount to, and shall perform all such covenants in his or their lease, so far as the same may relate to the premises so sold, to the purchaser thereof, in as full and ample manner as he was bound to perform the same to his or their landlord.* Sheriff, 14 days before proceedreal estates, to have the same ing to sale of appraised by 3 householders, who shall be sworn. Only so much shall be suffi cient to discharge the exe to be sold as cution, &c. of such estate, In case owner or some person in his behalf, tend, Sheriff may then sell such part as he may deem least shall not at IV. And be it further enacted, That the Sheriff or his deputy shall appraise the value of all real estates taken in execution as aforesaid, by three impartial respectable householders, to be appointed as aforesaid, who shall be first sworn by the said Sheriff or his deputy, whether he knows or is acquainted with the premises so to be appraised, fourteen days before he shall proceed to sell the same; and if they do know, or are acquainted with the said premises, then such householders shall be sworn by the said Sheriff or his deputy, justly and truly to appraise and value such estates: and if the appraised value thereof shall exceed the amount of such execution, including the Sheriff's fees, then it shall and may be lawful for the said Sheriff or his deputy, to set up at auction, and sell only so much of said real estate as will be sufficient to discharge the said execution, and costs and charges: and in case the owner of such estate so to be sold, or some person on his behalf, shall neglect to attend the Sheriff or his deputy, to point out which part of such real estate it will be least inconvenient for such debtor to be deprived of, then it shall be lawful for the said Sheriff or his deputy, to set up and sell that part of the said estate which shall appear at the time of such sale to be of the least immediate advantage to the debtor; and if the proceeds of such sale shall exceed the amount of such execution or executions, and costs and charges, such overplus shall be paid over to the debtor, or to some person lawfully authorized to receive the same-and in case no such to be paid to person appears, then the Sheriff, or his deputy, shall pay the debtor, or into overplus into the Court out of which such execution issues, there to be lodged for the benefit of the right owner-and in case there shall not be sufficient real estate as aforesaid to satisfy such execution, upon return thereof, then the party shall or may have an alias execution for the remainder and the Sheriff or his deputy shall annex to all executions, when they return the same, the appraisement herein before directed to be made and the said Sheriff or his deputy shall on no account disturb any person or persons in possession of lands or tenements at the time he shall levy execution thereon, but shall leave such person or persons in the peaceable possession thereof, until final sale shall be made as aforesaid. * This section is altered and amended by 7 Vic., c. 13. H disadvanta geous to the debtor. ing from sale Overplus aris Court for his use. For want of estate, creditor to have an alias sufficient real execution. Not to affect any suit now depending. Lands, &c., mortgaged for any sum not exceeding £200, action may be brought in Supreme Court. Substance of mortgage to be set forth in declaration. In case mort give in evi ments he had made, &c. Provided he shall furnish mortgagee or attorney, with account there V. Provided always, and be it enacted, That nothing in this Act contained shall extend, or be construed to extend, to such real estates, against which any action or suit at law has been already commenced, or is now depending, in pursuance of the said herein before recited Act, but that each and every such action or suit may be prosecuted without delay. VI. And whereas the manner in which mortgages are now foreclosed within this Island is found tedious and very expensive: for remedy whereof-Be it enacted, by the authority aforesaid, That from and after the publication hereof, it shall and may may be lawful for any person or persons whatsoever, to whom any lands or tenements within this Island now are or may hereafter be mortgaged for any principal sum not exceeding two hundred pounds, he, she or they electing so to do, may bring an action on the case in His Majesty's Supreme Court of Judicature, at any of the terms thereof, to recover the same gager appears against the mortgager, his executors or administrators, and to and pleads, to be entitled to set forth in his, her or their declaration, the substance of such mortgage and in case the mortgager shall appear and plead dence all pay thereto, it shall and may be lawful for such mortgager to give in evidence and proof all such payments as have been made by him, on account of such mortgage; provided he shall have furnished the mortgagee or his attorney with such account fourteen days before trial: and it shall and may be lawful for the jury by whom such issue shall be tried, to liquidate such accounts, and to find a verdict for the amount of the principal sum and interest then due on such mortgage, calculating interest thereon for six months after the end of the term in Which such trial shall be had; and the said Supreme Court shall thereupon give judgment for the same, with full costs: and in case the said mortgager shall neglect to appear, and suffer judgment to go against him by default, then the said original mortgage shall be produced in open Court; and the Justices shall cause the amount of the principal, and interest due thereon, to be made up in their presence, allowing interest as aforesaid, and judgment shall be given for the same, with On judgment, full costs; and execution shall thereupon issue, directed to the execution to is- Sheriff or his deputy, who shall sell the mortgaged premises, sue, and Sheriff under the restrictions, and in manner and form as hereinbeinbefore direct- fore specified for the sale of lands taken in execution: and in case the mortgaged premises, when sold as aforesaid, shall not produce sufficient to discharge the amount of the execution and the said charges, the party, on return thereof, may have an alias execution against the mortgager's body, chattel interest, or real estate, for the balance unsatisfied on such execution. of, fourteen days before trial, jury to liquidate all accounts and allow interest. In case mort gager shall neglect to appear, the Justices shall cause principal and interest to be made up in their presence. to sell as here ed. Mortgagee, in case of premis es, when sold, being insufficient to pay off, to have an alias execution. Not to extend VII. Provided always, that nothing herein contained shall where principal extend, or be construed to extend, to any mortgages wherein |