ers for issue of new notes. Remuneration the engraving and superintend the reissuing of the notes, by to Commission- virtue of this Act, shall be paid at and after the rate of one quarter per centum each, as a remuneration for their trouble in directing such engraving and superintending such reissue of Treasury Notes, in manner required by this Act. 4 W. 4, c. 15. CAP. XIII. See note to Act An Act to extend the provisions of the Act relating to the establishment of township boundary lines. THEREAS by the Act made and passed in the fourth year of the reign of his late Majesty King William the Fourth, intituled "An Act for ascertaining and establishing the boundary lines of Counties and Townships, and parts of townships, and for regulating the duty of surveyors, and to repeal a certain Act therein mentioned," provision is made by the ninth section thereof for the recovery, by action at law, of such rent or purchase money, as may have been received for land by any proprietor, who, by the establishment of any township line, may be found not to have been entitled to the same, but it frequently happens that the proprietor, his heirs, executors or administrators, being so liable, are resident out of the limits of this Island, by reason whereof delay and great difficulties arise in taking proceedings at law under the said section; for remedy whereof: Be it enacted, by the Lieutenant Governor, Council and Assembly, That in all actions at law, or suits in equity, which may hereafter be had or instituted by virtue of the said recited Act, it shall be lawful for the plaintiff or complainant, in all cases where personal service of process is required, to cause the same to be served on any agent of absent party or attorney in this Colony, who at the time of such service shall be authorized by power or letter of attorney, in writing, to bring or defend any action or suit at law, or in equity, of or concerning the township or land, from or out of or concerning which the cause of action of any such first mentioned plaintiff or complainant, shall have arisen. In cases where personal ser vice of process, &c., is necessa ry, such service may be made on agent, &c. Requisites of vice of such process, &c. II. And be it enacted, That every affidavit, to be made of affidavit of ser- the service of any such process as aforesaid, shall contain shortly, the fact of the existence and general tenor of such power or letter of attorney, and the name or names of the person or persons therein or thereby authorized; and if such document be not registered, the party in possession thereof shall be liable to produce the same for inspection, before action power, &c. un- or suit commenced, upon an order for that purpose made by any Judge or Chancellor, having jurisdiction in any such intended action or suit; and upon such affidavit being duly Mode of compelling agent &c. to produce der which he acts. made and filed, or upon appearance being otherwise entered by the usual course of practice of the Court, such service shall be deemed good and effectual; unless upon cause shewn in due time, before any Judge or Chancellor, such affidavit shall not appear to be in accordance with the intent and meaning of this Act, and that such service shall thereupon be set aside by such Judge or Chancellor for irregularity. against absent III. And be it enacted, That this Act shall not be deemed Not to prevent or construed to prevent any person having a right of action persons from by virtue of the aforesaid recited Act, from proceeding therein proceeding against any absent defendant or defendants in manner pre- parties under scribed by the laws of this Island, for proceeding against absent debtor absent or absconding debtors. Acts. IV. And be it enacted, That nothing herein contained shall Suspending have any force or effect until Her Majesty's pleasure therein clause. shall be known. This Act received the royal allowance on the 30th day of October, 1847, and notification thereof was published in the Royal Gazette newspaper of this Island, on the 23d day of November, 1847. CAP. XIV. An Act to alter and amend an Act made and passed in the sixth year of the reign of her present Majesty, intituled An Act to alter and amend an Act for the establishment of an Academy in Charlottetown." 6 Vic. c. 21. Continued by Repealed by 12 Vic. c. 1. 23 Vic. c. 17. CAP. XV. An Act relating to treasury warrants. CAP. XVI. Continued by 13 Vic. c. 31.. Expired. An Act to revive, continue, and add to the Act relating to the This Act and Charlottetown market house. This Act has been repealed by a law of the City Council of Charlottetown passed under the powers vested in said Corporation by the Act of 18 Vic., c. 34, s. 37. CAP. XVII. An Act to prevent the failure of justice, by reason of variances between records and the evidence produced in support thereof, WHEREAS great expense is often incurred and delay or failure of justice takes place at trials, by reason of vari the Act of which it was an amendment (5 Vic. c. 14,) are further continued by 13 Vic. c. 1. Authorizes any Court of Record, &c., to amend pleadings, &c., on ances between the proof offered in evidence, and the recital or settings forth thereof, upon the record or pleadings on which the trial is had, in matters not material to the merits of the case, and such record or pleadings cannot now in any case be amended at the trial, and in some cases cannot be amended at any time; for remedy thereof: Be it enacted, by the Lieutenant Governor, Council and Assembly, that it shall and may be lawful for every Court of Record, and every Court of Öyer and Terminer and general jail delivery within this Island, if such Court shall see fit so to do, to cause the record or pleading on which any trial may be pending before any such information or Court, in any indictment or information, for any misdemeanor, when any variance shall appear to have occurred subsequently to the passing of this Act, between any matter in writing or in print produced in evidence, and the recital and setting forth thereof upon the record or pleading whereon the trial is pendTerms on which ing, to be forthwith amended in such particular, by some officer of the Court, on payment of such costs (if any) to the other party, in cases where costs are now by law payable, and thereupon the trial shall proceed, as if no such variance had appeared. indictment. amendment may be made. Court authorized to order pleadings in civil actions to be amended. II. And be it enacted, That it shall be lawful for any such Court as aforesaid, if such Court shall see fit so to do, to cause the record, writ, or document, on which any trial may be pending before any such Court, in any civil action, or in any information, in the nature of a quo warranto or proceedings in a mandamus, when any variance shall, after the passing of this Act, be made to appear between the proof and the recital or setting forth on the record, writ, or document on which the said trial is proceeding, of any contract, custom, prescription, name, or other matter in any particular or particulars, in the judgment of such Court, not material to the merits of the case, and by which the opposite party cannot have been prejudiced in the conduct of his action, prosecution or defence, to be forthwith amended by some officer of the Court, or otherwise, both in the part of the pleadings where such variance occurs, and in every other part of the pleadings which it may become necessary to amend, on such terms as to payment of costs to the other party or postponing may be made. the trial, to be had before the same, or another jury, or both payment of costs and postponement, as such Court shall think reasonable; and in case such variance shall be in some particular or particulars in the judgment of such Court, not material to the merits of the case, but such as that the opposite party may have been prejudiced thereby, in the conduct of his action, prosecution or defence, then such Court shall have power to cause the same to be amended, upon payment of costs to the other party, and withdrawing the record, or postponing the trial as aforesaid, as such Court shall think Terms on which amendment reasonable, and after any such amendment, the trial shall proceed (in case the same shall be proceeded with) in the same manner in all respects, both with respect to the liability of witnesses to be indicted for perjury and otherwise, as if no such variance had appeared; and in case the trial shall be had in any Court of Record, then the order for amendment shall be entered on the roll or other document upon which the trial shall be had provided, that it shall be lawful for any party who is dissatisfied with the decision of such Court respecting the allowance of any such amendment, to apply for a new trial upon that ground; and in case any such Court shall think such amendment improper, a new trial shall be granted accordingly, on such terms as the Court shall think fit, or the Court shall make such other order as to them may seem meet. fied with order Party dissatisfor amendment from applying not precluded for a new trial. dering record, amended, Court the fact, &c. III. And be it enacted, That every such Court as afore- Instead of orsaid shall and may, if they think fit, in all such cases of variance, instead of causing the record or document to be amended, direct the jury to find the fact or facts according to the evidence, and thereupon such finding shall be stated on such record or document, and nothwithstanding the finding on the issue joined, the said Court or the Court from which the record has issued, shall, if they shall think the said variance immaterial to the merits of the case, and the misstatement such as could not have prejudiced the opposite party in the conduct of the action or defence, give judgment according to the very right and justice of the case. CAP. XVIII. An Act to render valid certain proceedings heretofore had before the Courts of Commissioners for the recovery of small debts. This Act renders valid certain proceedings had before the Courts of Commissioners for the recovery of small debts, the validity of which was affected by their not having strictly complied with the requirements of the Act 8 Vic., c. 4, authorizing the appointment of bailiffs, &c.—The 8 Vic., c. 4, has been repealed, and as the lapse of time has rendered the provisions of this Act unnecessary, it is therefore considered inexpedient to reprint it. CAP. XIX. An Act for compensating the families of persons killed by accident. WHEREAS no action at law is now maintainable against a person who, by his wrongful act, neglect or default, may have caused the death of another person, and it is oftentimes An action to be maintainable against any person causing death through neglect, &c. Action to be of certain relations, and to be brought by and in the name of executor or administrator of the deceased. right and expedient, that the wrongdoer in such case should be answerable in damages for the injury so caused by him: Be it therefore enacted, by the Lieutenant Governor, Council and Assembly, that whensoever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such, as would (if death had not ensued) have entitled the party injured to maintain an action, and recover damages in respect thereof; then, and in every such case, the person who would have been liable, if death had not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to felony. II. And be it enacted, That every such action shall be for for the benefit the benefit of the wife, husband, parent and child of the person whose death shall have been cancelled, and shall be brought by and in the name of the executor or administrator of the person deceased, and in every such action, the jury may give such damages as they may think proportioned to the injury resulting from such death to the parties respectively, for whom, and for whose benefit, such action shall be brought, and the amount so recovered, after deducting the costs not recovered from the defendant, shall be divided amongst the before mentioned parties, in such shares as the jury by their verdict shall find and direct. Only one action III. Provided always, and be it enacted, That not more shall lie, and to than one action shall lie for and in respect of the same subject matter of complaint, and that every such action shall be commenced within twelve calendar inonths after the death of such death of party deceased person. be commenced within twelve months after Plaintiff to de liver a full particular of the person for whom damages shall be claimed. Construction of this Act. IV. And be it enacted, That in every such action, the plaintiff on the record shall be required, together with the declaration, to deliver to the defendant, or his attorney, a full particular of the person or persons for whom, and on whose behalf such action shall be brought, and of the nature of the claim in respect of which damages shall be sought to be recovered. V. And be it enacted, That the following words and expressions are intended to have the meanings hereby assigned to them respectively, so far as such meanings are not excluded by the context or by the nature of the subject matter; that is to say, words denoting the singular number are to be understood to apply also to a plurality of persons or things, and words denoting the masculine gender are to be understood to apply also to persons of the feminine gender: and the word "person" shall apply to bodies, politic and corporate ; and the word "parent" shall include father and mother, and grandfather and grandmother, and stepfather and stepmother; |