ANNO TRICESIMO GEORGII III. REGIS. 1790. E. FANNING, P. STEWART, At the General Assembly of His Majesty's Island of SAINT Lt. Governor. JOHN, begun and holden at CHARLOTTETOWN, the Twentysecond day of March, Anno Domini 1790, in the Thirtieth year of the Reign of our Sovereign Lord GEORGE the Third, President of by the Grace of God, of Great Britain, France and Ireland, King, Defender of the Faith: Being the first Session of the sixth General Assembly convened in the said Island. Council. A. FLETCHER, CAP. I. An Act ascertaining the Toll to be taken at the different Amended by 4 CAP. II. Copy of proceedings of his Majesty's Council, rela tive to titles of lands, properly attested, made legal evidence. An Act to establish authenticated copies of the Records of His WHEREAS many titles to lands depend on votes, and other proceedings in His Majesty's Council, and become frequently necessary evidence in suits at law: and whereas doubts may arise relative to the admissibility of such evidence; and as the producing the original records in Court is attended with great inconvenience: to remedy the same-Be it enacted, by His Excellency the Lieutenant Governor, Council and Assembly, That hereafter the transcript or copy of any vote or proceedings of His Majesty's Council, relating to the grants or titles of lands, attested as a true and genuine extract from the said records, and signed by the Clerk of the Council, shall be deemed, admitted and received as legal evidence in any cause depending, or that may at any time hereafter be depending, in any of His Majesty's Courts within this Province: and the Clerk of the Council is hereby required and directed, Council to give upon the application of any of the parties to the said suits, or their attorneys, to give an exact copy or extract of all such resolutions or proceedings of Council relative to lands, attested and signed by him; and that there shall be paid for the same-for every search one shilling; for every authenticated copy six shillings (if under one hundred words); and for every hundred words above the first hundred, at the rate of one shilling for every hundred words. Clerk of the attested copies of such pro ceedings. This Act continued by 26 G. 3, c. 1, for three years. Expired. CAP. III. An Act for continuing an Act made and passed in the twentysixth year of His Majesty's reign, intituled "An Act to alter, amend and reduce into one Act, an Act made and passed in the twenty-first year of His present Majesty's reign, intitutled 'An Act for raising a fund to make and keep in repair the streets and wells of Charlottetown."" CAP. IV. An Act for repealing so much of an Act made and passed in the twenty-sixth year of His present Majesty's reign, in- 26 G. 3, e- 10. tituled "An Act to amend, render more effectual, and reduce into one Act, all the Acts made by the General Assembly of this Island concerning bail, and to prevent frivolous and vexatious arrests," as relates to the attachment of the goods, chattels or estate of any debtor or debtors. WHEREAS the aforesaid Act, so far as the same extends to the attachment of the goods, chattels or estate of any debtor or debtors, has, in its operation, been found, in many instances, injurious and oppressive to the inhabitants of this Island: I. Be it therefore enacted, by the Lieutenant Governor, Repealing Council and Assembly, and by the authority of the same it is clause. hereby enacted, That from and after the publication hereof, so much of the said Act, intituled "An Act to amend, render more effectual, and reduce into one Act, all the Acts made by the General Assembly of this Island concerning bail, and to prevent frivolous and vexatious arrests," as extends to the attachment of the goods, chattels or estate of any debtor or debtors, be, and the same s hereby repealed. II. Provided nevertheless, That this Act shall not extend to affect any suits now depending under the said Act, so as the same are prosecuted without delay. Not to affect suits now de pending. III. Provided also, That nothing herein contained shall be Suspending of any force or effect until His Majesty's pleasure is known. This Act has been allowed by His Majesty, dated June 22d, 1796. CAP. V. An Act to empower the Lieutenant Governor to give grants of lands, under the great seal of this Island, to such loyalists and disbanded troops as are in the occupation thereof, by virtue of locations formerly made by the Governor and Council. WHEREAS in the year one thousand seven hundred and eighty-three, a number of the proprietors of lands in this Island, or their attorneys for them, signed and delivered a paper to the Right Honourable Lord North, at that time one of His Majesty's principal Secretaries of State, of which the following is a copy, videlicet: clause. Copy of tender to Government of lands for the benefit of American loy certain land proprietors in this Island. 'We the undersigned proprietors of lands in the Colony of 'Saint John, being informed that many of the loyalists at 'New York prefer a settlement in that Island to one in Nova Scotia; and being very desirous of encouraging such a prealists, made by 'ference, and of affording an asylum to those deserving fellow subjects, do engage for ourselves, or as attorneys for others, 'to grant, as we hold of the Crown, and in the same propor'tions to each family as the other loyal emigrants receive in 'Nova Scotia, one fourth of the quantity of lands placed op'posite to our names, which they shall receive, upon their 'arrival at Charlottetown, by application to the Governor in 'Council: and that they may receive the said lands in the 'fairest and most impartial manner, we will direct, that the 'whole be divided by the Surveyor General into parcels, of 'not less than one thousand acres each, and drawn for by bal'lot before the Governor and Council. In consideration of 'the preference expressed by those loyal emigrants, and of the 'conditions offered by us, we have the fullest confidence, that 'your lordship will give instructions to the Commander-in 'Chief of His Majesty's forces at New York, to furnish such loyalists as prefer a settlement in Saint John's, with provi'sions and transports to carry them to Charlottetown, and 'every other necessary, such as is given to those who go to Nova Scotia: and that your lordship will also give such in'structions to the Governor of Saint John's, as will place such 'emigrants, in every respect, on a similar footing with their 'brethren who settle in Nova Scotia. The undersigned are 'the more zealous in promoting this measure, as they are 'persuaded it will greatly advance the prosperity of an infant Colony, which, from its natural and relative situation, is peculiarly adapted to become a permanent and valuable posses'sion to Great Britain. And they confide in your Lordship's 'wisdom and equity, that you will obtain for them such an 'abatement of quit rent, as will place them on an equality 'with their neighbouring Colonies, and, by that means, re'move a cause which may prevent many faithful subjects to this country from emigrating to that Island from the American States, and which has hitherto obstructed the settlement ' and prosperity of this Colony.' And whereas, on receipt thereof, the Governor of said Island, by the advice of His Majesty's Council, issued a proclamation, thereby promising all persons of the above description, who should choose to become settlers in the Island of Saint John, certain proportions of the lands so signed for, in the same manner as should be given to them in the neighboring Provinces of Quebec and Nova Scotia: in consequence whereof, a number of those deserving subjects did repair to this Island, and have had, by the orders of the Governor and Council, parts of the aforesaid lands laid out and allotted to them, and have been put in possession thereof, as also made considerable improvements thereon-notwithstanding which, and that years have elapsed, since the said proprietors covenanted and engaged with Government to make conveyances of the said proportions of lands so allotted and laid out to the said settlers, many of them have not yet fulfilled their said engagement, whereby, and in consequence of which, numbers of those who came to this Island returned to the Continent, many more have been deterred from coming, and those who remain are rendered unhappy, from the uncertainty under which they hold their lands: For remedy whereof, and to promote the settlement and prosperity of this Colony-Be it enacted, by the Lieutenant Governor, Council and Assembly, and by the authority of the same it is hereby enacted, That from and after the publication hereof, it shall and may be lawful to and for the Governor, Lieutenant Governor, or other Commander-in-Chief for the time being, to give grants, under the great seal of this Governor powered to give grants of lands to such loyalists, &c., as are now in posses sion thereof. |