shall be bound by the parti tion; but may have an action for the share. Action, in such case, how and against whom like manner, as if he had been a party to the suit; but he shall not be prevented thereby from bringing his action for the share claimed by him against the person to whom it was assigned, or for whom it was left. XXXV. The action, in such case, shall be brought against the tenant in possession, in like manner, as if the plaintiff had to be brought. originally claimed the specific piece of land demanded, instead of an undivided part of the whole land; and it may be brought within the same time in which it might have been brought, if no such judgment for partition had been rendered. The defendant in certain cases not to be precluded from subsequently contesting his XXXVI. If two or more persons appear as defendants, claiming the same share of the premises to be divided, it shall not be necessary to decide upon their respective claims, except only for the purpose of determining which of them shall be admitted to appear and plead in the suit; and if partition is made, the share so claimed shall be left for whichever of the parties shall prove to be entitled to it, in a suit to be thereafter brought between themselves. XXXVII. If, in such a case, it shall be decided in the original suit for partition, upon the replication of the petitioners or otherwise, that either of the defendants is not entitled to the share that he claims, he shall be concluded by the judg right with the ment, so far as it respects the partition and the assignment of the shares; but he shall not be prevented thereby from bringing his action for the share claimed by him against the other claimant thereof, in the manner provided in the three preceding sections. other. Rights of a party not ap the share was not known or allowed, how XXXVIII. If any person who has not appeared and answered as above, shall claim any part of the premises menpearing where tioned in the petition, as a part owner with those who were parties to that suit, or any of them; and if the part or share so claimed was not known or not allowed, and left for him in far affected by the process for partition, he shall be concluded by the judgment so far as it respects the partition; but he shall not be prevented thereby from bringing an action for the share or proportion claimed by him against each of the persons who shall hold any part of the premises under the judgment for partition. the partition judgment. Redress, in whom ob XXXIX. If the plaintiff shall prevail in the case last mensuch case, how tioned, he shall not be entitled to demand a new partition of and against the whole premises, but he shall recover against each of the persons holding under the judgment for partition the same proportion or share of the part held by him that plaintiff was entitled to out of the whole premises, before the partition thereof. tained, &e. XL. If, after making of partition, it shall appear that any Rights of heir person for whom a share was left, or to whom a share was as- or devisee how signed, had died before such partition was made, the heir or affected. devisee of such deceased person shall not, by reason of such heir or devisee having been a party to the suit, either as a petitioner or as a defendant, be barred from claiming the share that belonged to the deceased person; but the heir or devisee in such case shall have the same rights and the same remedies in all respects, as if such heir or devisee had not been a party to the suit, and had not notice of the pending thereof. XLI. If any person, to or for whom any share shall have been assigned or left upon any judgment for partition, shall be evicted thereof by any person who, at the time of the partition, had a title thereto paramount to the title of those who were parties to the suit for partition, the person so evicted shall be entitled to a new partition of the residue, in like manner as if the former partition had not been made. XLII. Any person having a mortgage, attachment or other lien upon the share of any part owner shall be concluded by the judgment, so far as it respects the partition and the assignment of the shares; but his lien shall remain in full force upon the part that shall be assigned or left for such part owner. XLIII. In case of the death of any party in a petition for partition, the suit need not abate, but may be conducted and prosecuted to final judgment, under such rules and orders for bringing in the heirs or representatives of the deceased party, as the Court or Judge may think proper, for making them parties to the suit and regulating the proceedings accordingly. a Remedy where party is evicing a title paramount. ted by one hav Lien by mortgage or judgfected by partition, &c. ment, how af Suit not to abate for death of a party named in a pe tition for par tition. to be allowed, &c. XLIV. The expenses and charge of the commissioners Expenses of shall be ascertained and allowed by the Court, and all the commissioners other costs of the proceedings shall be taxed in the usual manner, and the whole shall be paid by the parties in proportion to their respective shares or interests in the premises; except only the costs of a trial of any issue joined in the case as to which a different provision is before made. XLV. Every person holding any lands under a partition made by virtue of this Act, shall be considered as holding them under an apparently good title; so that, in case of eviction, he shall be entitled to compensation for any improvements made thereon. a XLVI. Every order made in pursuance of this Act by single Judge, not sitting in open Court, shall be liable to be rescinded or altered by the Court, in like manner as other orders. Titles, under a partition, how judgment of considered. CAP. XIX. Altered by 23 Office of Road An Act relating to the office of Road correspondent, and the appointment of assistants in the several offices in this Island therein mentioned. BE [Passed April 17, 1855.] E it enacted, by the Lieutenant Governor, Council and I. From and after the passing of this Act, the office of Road Correspondent correspondent shall be, and the same is hereby separated from separated from the office of Colonial Secretary of this Island, and shall be Colonial Secre- and is hereby constituted a separate and distinct office; and that of the tary, &c. Lt. Governor to ants to Colonial Secretary, Postmaster general, appoint assist Treasurer, and Registrar of deeds, &c. the duties of the said office of Road correspondent, together with the duties of the assistant Clerk of the Executive and Legislative Councils, shall be performed by one and the same person, who shall be appointed by the Lieutenant Governor, by and with the advice of the Executive Council; and after having given security to the satisfaction of the Lieutenant Governor and Council, and taken the usual oaths of office, shall be invested with all the powers and authorities, and subject to all the rules, regulations, provisions, fines and penalties, given to or affecting the Colonial Secretary of this Island as such Road correspondent, by or under any Act or Acts of the General Assembly of the said Island.* II. From and after the passing of this Act, it shall and may be lawful for the Lieutenant Governor, by and with the advice of the Executive Council, to nominate and appoint an assistant for each of the several offices of Colonial Secretary,† Treasurer, Postmaster general, and Registrar of deeds and keeper of plans, in this Island; and the said several assistants, after having taken the usual oaths of office before the Lieutenant Governor in Council, shall be, and are hereby authorized to exercise and perform all the powers and duties of the said Colonial Secretary, Treasurer, Postmaster general and Registrar of deeds and keeper of plans, as prescribed by the several Acts of the General Assembly of this Island, or which otherwise by law the said Colonial Secretary, Treasurer, Postmaster general, Registrar of deeds and keeper of plans are required or authorized to do; and such assistants in the performance of their respective duties shall be subject to the supervision and direction of their respective principals. So much of this section as allows the holding of the offices of Road Correspondent and Clerk of the Executive and Legislative Councils by one and the same person, repealed by 23 Vic., c. 39. By the Act 14 Vic., c. 24, the Colonial Secretary is authorized to appoint a clerk or deputy. The Act 14 Vic., c. 25, authorizes the Treasurer to appoint a clerk or deputy. III. The assistant to the Colonial Treasurer shall give sufficient security to the satisfaction of the Lieutenant Governor and Council for the due and faithful performance of his duties. IV. The several officers to be appointed under this Act shall hold office, only during the pleasure of the Lieutenant Governor and Council; and any person while holding the office of assistant to the Colonial Secretary, Treasurer, Postmaster general and Registrar of deeds and keeper of plans, shall be incapable of being elected to serve as a member in the General Assembly of this Island. Salaries to be appointed hereunder, &c. V. There shall be paid to the several officers to be appointed under this Act, by warrant, quarterly, on the treasury of this paid to officers Island, the following salaries per annum, that is to say: To the Road correspondent and assistant Clerk of the Executive and Legislative Council, the sum of one hundred pounds. To the assistant to the Colonial Secretary, the sum of one hundred and fifty pounds. To the assistant to the Colonial Treasurer, the sum of one hundred and fifty pounds. To the assistant to the Postmaster general, the sum of one hundred and twenty pounds. To the assistant to the Registrar of deeds and keeper of plans, the sum of one hundred pounds. VI. From and after the passing of this Act, the following sums shall be annually deducted from the salaries which the Colonial Secretary, Treasurer and Registrar of deeds and keeper of plans are now respectively by law entitled to receive, that is to say: From the salary of the Colonial Secretary, the sum of one hundred pounds. From the salary of the Colonial Treasurer, the sum of one hundred pounds. From the salary of the Registrar of deeds and keeper of plans, the sum of fifty pounds. Amounts to be annually deducted from salaries of certain officers. САР. ХХ. An Act in addition to the Acts now in force relating to the 3 Vic., c. 21. asylum for insane persons and other objects of charity, near 5 Vic., c. 15. Charlottetown. [Passed April 17, 1855.] WHEREAS by the provisions of the Act of the third year of the reign of Her present Majesty Queen Victoria, chapter twenty-one, the sum of three hundred and fifty pounds, currency, is annually appropriated for the support of the 5 Vic. c. 15. of Executive Council, to be appointed additional trustees of Asylum. Asylum for insane persons and other objects of charity, near Charlottetown, the expenditure of which, as well as the management of the said Asylum, is intrusted, by the provisions of the Act of the fifth year of the reign of her present Majesty, chapter fifteen, to seven trustees, to be appointed as therein mentioned: and whereas the Legislature of this Island has, for some time past, found it necessary to appropriate other sums of money, beyond the said sum of three hundred and fifty pounds per annum, to the support of the said Asylum; and it is deemed necessary that additional trustees thereof should be appointed, on behalf of the Government, to act in conjunction with the other trustees appointed as aforesaid: Be it therefore enacted by the Lieutenant Governor, Council and Assembly, as follows: I. After the passing of this Act, it shall be lawful for, and Three members the duty of the Lieutenant Governor of this Island, with the consent and advice of Her Majesty's Executive Council, to nominate and appoint three members of the Executive to be trustees of the said Asylum, in addition to the seven trustees appointed under the Act of the fifth Victoria, chapter fifteen, who shall have equal powers with such other trustees to make and ordain rules and regulations for the management of the said institution, and to appoint the several officers therefor, to fix and determine the amount of salaries to be paid to such officers, and the appropriation and expenditure of all moneys voted by the Legislature for the support of the said institution. What number II. The same number of trustees as heretofore shall conof trustees shall stitute a quorum for the transaction of business, and a majority form a quorum. of them shall determine any question pending before them. be appointed in case of vacan III. The Lieutenant Governor, with the advice and conNew trustees to sent aforesaid, shall appoint a new trustee, who shall be a member of the Executive Council, to fill any vacancy occurring among the trustees appointed under this Act, by death, resignation, removal, or otherwise. cies. Trustee ceasing to be member of Executive, to be no longer trustee. IV. Whenever any trustee appointed under this Act shall cease to be a member of the Executive Council, he shall also, at the same time, cease to be a trustee under this Act. 12 Vic., c. 1. CAP. XXI. An Act to continue the Act relating to the limits and rules of jails in this Island. WHEREAS [Passed April 17th, 1855.] HEREAS the Act made and passed in the twelfth year of the reign of Her present Majesty Queen Victoria, |