terms "finding of the indictment" shall be understood to include the taking of an inquisition, the exhibiting of an information, and the making a presentment; and the word "property" shall be understood to include goods, chattels, money, valuable securities, and every other matter or thing, whether real or personal, upon or with respect to which, any offence may be committed. Repealed by 19 Repealed by 19 Vic. c. 2. CAP. IX. An Act to extend the elective franchise. CAP. X. An Act to alter and add to the Act regulating the retail of spirituous liquors. CAP. XI. See 6 Vic. e. 2. 15 Vic., c. 10. When lists of constables and fence viewers for Queen's County to be prepared. An Act relating to the appointment of constables and fence viewers for Queen's County. WHEREAS [Passed April 16, 1853.] HEREAS in the Act of the fifteenth year of the reign of Her present Majesty Queen Victoria, chapter the tenth, intituled "An Act to consolidate and amend the laws now in force relating to division fences," the power of the Grand Jury of Queen's County, in Hilary term of the Supreme Court of Judicature, and of the said Supreme Court, to appoint fence viewers, and which was possessed by them previous to the passing of the said recited Act, by virtue of the Acts thereby consolidated and repealed, was omitted to be continued; yet in the last Hilary term of the said Court preceding the passing of this Act, fence viewers for Queen's County were nominated and appointed in all respects as if no such omission had occurred, and it is therefore necessary that the said appointment should be confirmed, and provision made for the future nomination and appointment of fence viewers for the said County; and it is also advisable to regulate the mode of the appointment of constables for Queen's County more satisfactorily than has yet by law been done: Be it therefore enacted, by the Lieutenant Governor, Council and Assembly, as follows: I. The Grand Jury who shall be summoned to attend the Hilary term of the said Supreme Court in Queen's County, in every year, shall, and they are hereby authorized, at such term, to prepare lists of fit and proper persons to fill the offices of constables and fence viewers, for the several towns and settlements in Queen's County, for the next ensuing year, which lists shall contain double the number of names, in each case, which the Grand jury shall think necessary to be appointed, and shall by them be submitted to the said Court, which shall strike out of the names contained in each list one half, and the remaining number shall be constables and fence viewers in the several towns and settlements aforesaid. Former ap fence viewers firmed. II. The appointments of constables and fence viewers made by the Grand jury of Queen's County and the said pointment of Supreme Court, at the last Hilary term thereof, before the constables and passing of this Act, is hereby confirmed and rendered valid; for Queen's and the persons so appointed constables and fence viewers County conshall continue in office until a fresh appointment shall be made under the provisions of this Act; and such fence viewers shall have and execute all the powers, authorities and duties given to or required to be possessed or performed by fence viewers under the provisions of the said recited Act, or any other Act of the General Assembly of Prince Edward Island, now in force, relating to fences or fence viewers, and all acts heretofore done by such persons so appointed to be constables and fence viewers for Queen's County, which, if their appointments had been regular, would have been legal and valid, are hereby confirmed and declared to be good and binding. III. The provisions of the Act passed in the sixth year of the reign of her present Majesty Queen Victoria, chapter the second, intituled "An Act to compel persons appointed to the office of constables to serve as such," are hereby extended to all constables to be appointed under this Act, and to all vacancies requiring to be filled up in such appointments. Extends provisions of the Act all constables appointed un 6 Vic. c. 2, to der this Act. IV. This Act shall go into operation immediately after the When Act goes passing thereof. into operation. CAP. XII. An Act to amend the law of evidence. [Passed April 16, 1853.] See 12 Vic. c. 4, HEREAS it is expedient to amend the law of evidence and 19 Vic. c. 7. in divers particulars: Be it therefore enacted, by the Lieutenant Governor, Council and Assembly, as follows: Supreme Court authorized to compel inspection of documents in cases where Court of I. Whenever any action or other legal proceeding shall henceforth be pending in the Supreme Court of Judicature of this Island, such Court and each of the Judges thereof may respectively, on application made for such purpose by either of the litigants, compel the opposite party to allow the party grant discovery equity would State docu ments &c. prov able by certified copies, &c. Register of Bricertificates of tish vessels and making the application to inspect all documents in the custody, or under the control of such opposite party, relating to such action or other legal proceeding, and if necessary to take examined copies of the same, in all cases in which, previous to the passing of this Act, a discovery might have been obtained by filing a bill, or by any other proceeding, in a Court of equity, at the instance of the party so making application as aforesaid to the said Court or Judge. II. All proclamations, treaties, and other acts of state, of Great Britain or Ireland, or of any foreign state, or of any British Colony, and all judgments, decrees, orders, and other judicial proceedings, of any Court of justice in Great Britain or Ireland, or in any foreign state, or in any British colony, and all affidavits, pleadings, and other legal documents, filed or deposited in any such Court, may be proved in any Court of justice in this Island, or before any person having, by law or by consent of parties, authority to hear, receive, and examine evidence, either by examined copies, or by copies authenticated, as hereinafter mentioned: that is to say; if the documents sought to be proved be a proclamation, treaty, or other act of state, the authenticated copy to be admissible in evidence must purport to be sealed with the seal of the Foreign state, or Great Britain or Ireland, or British colony to which the original document belongs; and if the document sought to be proved be a judgment, decree, order, or other judicial proceeding of any foreign or colonial Court, or Court of Great Britain or Ireland, or an affidavit, pleading or other legal document, filed or deposited in any such Court, the authenticated copy to be admissible in evidence must purport either to be scaled with the seal of the foreign or colonial Court, or Court of Great Britain or Ireland, to which the original document belongs; or in the event of such Court having no seal, to be signed by the Judge, or if there be more than one Judge, by any one of the Judges of the said Court; and such Judge shall attach to his signature a statement in writing on the said copy, that the Court whereof he is a Judge has no seal; but if any of the aforesaid authenticated copies shall purport to be sealed or signed as hereinbefore respectively directed, the same shall respectively be admitted in evidence, in every case in which the original document could have been received in evidence, without any proof of the seal, where a seal is necessary, or of the signature, or of the truth of the statement attached thereto, where such signature and statement are necessary, or of the judicial character of the person appearing to have made such signature and statement. III. Every register of a vessel kept under any of the Acts of the Imperial Parliament, relating to the registry of British vessels, may be proved in any Court of Justice in this Island, or before any person having, by law or by consent of parties, authority to hear, receive, and examine evidence, either by the production of the original, or by an examined copy thereof, or by a copy thereof purporting to be certified under the hand of the person having the charge of the original; and which person is hereby required to furnish such certified copy to any person applying at a reasonable time for the same, upon payment of the sum of two shillings and six pence; and every such register or copy of a register, and also every certificate of registry granted under any of the said Acts relating to the registry of British vessels, and purporting to be signed as required by law, shall be received in evidence in any Court of justice in this Island, or before any person having by law, or by consent of parties, authority to hear, receive, and examine evidence, as prima facie proof of all the matters contained or recited in such register, when the register or such copy thereof as aforesaid is produced, and of all the matters contained or recited in, or endorsed on such certificate of registry, when the said certificate is produced. acquittal of person charged, not necessary cord, but same may be certified Clerk of the to produce re under hand of IV. And whereas it is expedient, as far as possible, to re- Where necesduce the expense attendant upon the proof of criminal pro- sary to prove ceedings: Be it enacted, that whenever in any proceeding conviction or whatsoever, it may be necessary to prove the trial and conviction or acquittal of any person charged with any indictable offence, it shall not be necessary to produce the record of the conviction or acquittal of such person, or a copy thereof, but it shall be sufficient that it be certified, or purport to be certified, under the hand of the Clerk of the Court, or other officer having the custody of the records of the Court where such conviction or acquittal took place, or by the deputy of such Clerk or other officer, that the paper produced is a copy of the record of the indictment, trial, conviction and judgment, or acquittal, as the case may be, omitting the formal parts thereof. Court. Examined or certified copies of public docu ments, &c., ad dence in this V. Whenever any book or other document is of such a public nature as to be admissible in evidence on its mere production from the proper custody, and no statute exists which renders its contents provable by means of a copy, any missible in evicopy thereof or extract therefrom shall be admissible in evi- Island in cerdence in any Court of Justice in this Island, or before any tain cases. person now or hereafter having by law, or by consent of parties, authority to hear, receive and examine evidence, provided it be proved to be an examined copy or extract, or provided it purport to be signed and certified as a true copy or extract by the officer to whose custody the original is intrusted; and which officer is hereby required to furnish such certified copy or extract to any person applying at a reasonable time for the same, upon payment of a reasonable sum for the same, not exceeding one shilling for every folio of ninety words; save Officer giving false certificate, guilty of a mis demeanor. administer oaths to wit and except all grants, mandamuses, copies of grants, and other documents, in any way affecting the titles to township lands in this Colony, not registered therein. VI. If any officer authorized or required by this Act to furnish any certified copies or extracts, shall wilfully certify any document as being a true copy or extract, knowing that the same is not a true copy or extract, as the case may be, he shall be guilty of a misdemeanor, and be liable, upon conviction, to imprisonment for any term not exceeding eighteen months. VII. Every Court, Judge, Justice, officer, commissioner, Court, &c. may arbitrator, or other person now or hereafter having, by law, or by consent of parties, authority to hear, receive and examine evidence, is hereby empowered to administer an oath to all such witnesses, as are legally called before them respectively. nesses. Persons forging seal, stamp, or signature of certain documents, guilty of felony. a suit after plea, &c., may require op posite party to admit docu VIII. If any person shall forge the seal, stamp, or signature of any document in this Act mentioned, or referred to, or shall tender in evidence any such document, with a false or counterfeit seal, stamp, or signature thereto, knowing the same to be false or counterfeit, he shall be guilty of felony, and shall, upon conviction, be liable to imprisonment for any term not exceeding three years, nor less than one year, with hard labor; and whenever any such document shall have been admitted in evidence, by virtue of this Act, the Court, or the person who shall have admitted the same, may, at the request of any party against whom the same is so admitted in evidence, direct, that the same shall be impounded, and be kept in the custody of some officer of the Court, or other proper person, for such period, and subject to such conditions as to the said Court or person shall seem meet; and every person who shall be charged with committing any felony under this Act, may be dealt with, indicted and tried, and, if convicted, sentenced; and his offence may be laid and charged to have been committed in the county, district, or place in which he shall be apprehended, or be in custody; and every accessary before or after the fact to any such offence may be dealt with, indicted, tried, and, if convicted, sentenced; and his offence laid and charged to have been committed in any county, district, or place in which the principal offender may be tried. IX. Either party in any civil action in the Supreme Court Either party in of Judicature of this Island, may, after plea pleaded, and a reasonable time before trial, give notice to the other in the form in the schedule hereunto annexed, marked (A), or to the like effect, of his intention to adduce in evidence certain written or printed documents; and unless the adverse party shall consent, by endorsement on such notice, within forty-eight hours to make the admission specified, the party requiring such admission may call on the party required, by summons, in the ments, &c., in tended to be given in evidence. |