six," is hereby repealed, and the following substit'ated in lieu thereof: ing Judgment sue Execution on the Judg election. If the amount so adjudged to the Plaintiff, or Plaintiff obtain. to any Trustee, if such Trustee shall have been may either isappointed, shall not be paid at the expiration of thereon, or sue the time so granted, or any instalment thereof, ment at his or any portion of any instalment at the expiration of the time specified for the payment thereof, then the party entitled to receive payment of such amount or instalment thereof, shall be at liberty either to issue execution therefor from the said Justice or Justices, form (A), or in case he shall so elect, shall be at liberty to commence proceedings for the recovery of the same, in any Court of competent Jurisdiction. tion to be read II. The said substituted section shall be read as part of the Act hereby amended, and as if it Preceding Secoriginally constituted the tenth section of said in lieu of tenth Act, and shall apply to all cases tried thereunder amended Act. since the passing thereof. [SCHEDULE A.] Prince Edward Island, County, Before County. Justices of the Peace for Section of A. B., Plaintiff, C. D., Defendant, To all or any Constables or Constable or Bailiff of County. Whereas, on the County, and to the Jailor of 187 judgment was awarded by us against C. An Form of Execution. Act to amend the Seduction Act, one thousand eight hundred and seventy-six.' These are to require and command you, the said Constables or Bailiffs, or one of you, to levy of the Goods and Chattels of the said C. D., the said sums by sale of the said Goods and Chattels; and for want thereof, you shall take the body of the said C. D., and him commit to the Jail of the said County; and you, the said Jailor, are hereby required to receive the body of the said C. D., and him there detain at the rate of thirty days for every five dollars unpaid, or until he satisfy the said A. B., or be otherwise discharged in due course of Law; and you, the said Constables or Bailiffs, are hereby required to make due return of your doings hereunder to me, within thirty days from date hereof. Given under my hand and Seal this day of County Court Judges dis. qualified by other reason, may refer CAP. VII. An Act to amend "The County Court Act." (Passed April 18th, 1877.) Be it enacted by the Lieutenant Governor, Council and Assembly, as follows: I. In all cases where the Judge of any County Court is disqualified from trying any case brought relationship or before him, by reason of relationship with any of the parties, or from any reason or cause similar or different in character, the Judge, in case the parties agree, may try the same, notwith cause for tria to Justices of the Peace. standing such disqualification; or he may, either in case of such agreement or disagreement, if he thinks proper, refer the case to one or more Justice or Justices of the Peace for the County or Island, for trial by him or them, at such time and place as the Judge may determine; and in such case or cases being referred to him or them, such Justice or Justices shall have the same powers as to hearing and giving Judgment, as the Judge referring the same had; and such Justice or Justices shall, on giving Judgment, certify the same to the County Court, from which the same was referred; and such further proceeding shall be taken upon such Judgment as might have been taken if the County Court itself had given Judgment; and appeals may be taken from such Judgment from the time when the same is published in open Court in the same way as if Judgment was then given. CAP. VIII. An Act to authorize the levying of an Assessment for the year 1877. (Passed April 18th, 1877.) Be it enacted by the Lieutenant Governor, Council and Assembly, as follows: $35,000 may be the Assessment 1877. I. There shall be levied and raised, under and by virtue of an Act passed during the present raised under Session of the Legislature, entitled "The As- Act for year sessment Act, 1877," in addition to the Poll Tax, authorized by that Act, the sum of Thirtyfive thousand dollars, for the service of the year one thousand eight hundred and seventy-seven. CAP. IX. bag on salt reduced to one cent. An Act to amend "An Act relating to Public (Passed April 18th, 1877.) Be it enacted by the Lieutenant Governor, Council and Assembly, as follows: I. That from and after the passing of this Wharfage per Act, the tenth section of the Act of the General Assembly of this Province, passed in the thirtyninth year of Her Majesty's reign, chapter one, intituled, "An Act relating to Public Wharves and Bridges," is hereby amended by striking out the word 'two,' on the fifteenth line from the end thereof, and inserting in lieu thereof the word 'one.' Recital. CAP. X. An Act relating to Judgments. (Passed April 18th, 1877. Whereas, by an Act passed in the twentythird year of the reign of Her Majesty Queen Victoria, chapter four, entitled, "An Act to amend the Act to regulate the Registry of Deeds, and instruments relating to the title to lands, and to repeal the laws heretofore passed for that purpose," it is enacted by the third section of the Act that a memorial of a judgment or decree in equity registered in the office of the Registrar of Deeds, should be a prior lien upon lands granted or mortgaged by a prior unregistered deed or instrument, as by reference to the Act will more fully appear; and whereas, by an Act passed in the thirty-sixth year of the same reign, chapter sixteen, entitled, "An Act relating to Judgments affecting real estate, and certain Acts therein mentioned," it is enacted by the fifteenth section of the last mentioned Act, that from and after the passing thereof, no memorial of judgments, or decrees, shall be registered in the office of the Registrar of Deeds; and it is enacted by the second section of the last mentioned Act that a minute of judgments and decrees shall be left with the Prothonotary of the Supreme Court, to be entered and recorded by him, as by reference to the last mentioned Act will more fully appear; and whereas, it is desirable to avoid doubt, to declare more explicitly the effect of the entry and recording of such minute. Minute of filed with same effect as registered under 23 Vict. I. It is therefore declared and enacted by the Lieutenant Governor, Council and Assembly judgment &c., that a memorandum or minute of a Judgment Prothonotary to in the Supreme Court, or of an Order or Decree memorial in any Court of Equity, of this Island, left with formerly had the Prothonotary of the Supreme Court, and Cap. 4, Sec. 3. entered and recorded pursuant to the provisions of the said Act of Thirty-sixth Victoria, Chapter Sixteen, shall have the same effect as a memorial of such Judgment, Order or Decree, would have had under the said Act of Twenty-third Victoria, Chapter four, Section three, before the last mentioned Section was repealed; and it is declared and enacted that every Judgment, Judgment or Order or Decree, a minute of which has been decree of which entered, or shall be entered with the Prothono- to be a prior tary, pursuant to said Thirty-sixth Victoria, ants lands. Chapter Sixteen, is, and shall be a prior lien and charge upon any lands, tenements and hereditaments, of the party or parties, defendant or defendants thereto, and any one or more of them which have been granted or mortgaged by any unregistered Deed or Instrument, in as full and ample a manner as if the said unregistered minute is filed; lien on defend |