1847

and the word "child" shall include son and daughter, and grandson and granddaughter, and stepson and stepdaughter.

VI. And be it enacted, That this Act shall come into Operation of operation, from and immediately after the passing thereof.

CAP. XX.

Act.

An Act for suspending, for a limited period, certain parts of Expired.
an Act passed in the fourth year of His late Majesty's reign, 4 W. 4, c. 15.
intituled "An Act for ascertaining and establishing the
boundary lines of Counties and Townships, and parts of
townships, and for regulating the duties of surveyors, and
to repeal a certain Act therein mentioned."

*This Act suspended operation of Boundary Act, 4 W. 4, c. 15, so far as regards Townships Nos. 10, 9, 8, 7, 6, 5, 4, 3, 2, and 1, to the end of the then next session of the General Assembly.

CAP. XXI.

An Act for doing away with the oath of abjuration, heretofore 11 G. 4, c. 7. imposed on Roman Catholics.

WHEREAS a despatch has been received from the Right

Honorable W. E. Gladstone, number fifteen, dated the second of June, one thousand eight hundred and forty-six, stating that he has received Her Majesty's commands to accede to the request of the Legislative Council and House of Assembly of this Island, praying for the royal sanction towards the enactment of a law, rescinding the obligation of a certain oath imposed on Roman Catholics, on their entering on their offices, either as members of the Legislature in this Colony, or as officers of the Government: Be it therefore enacted, by the Lieutenant Governor, Council and Assembly, and by the authority of the same, that from and after the passing of this Act, it shall not be lawful to tender to any of the officers of Government, nor to any of the members of the Legislature, on their receiving their appointments, nor shall they in any way be required to take the oath embodied or engrossed in the second clause of an Act passed in the eleventh year of the reign of His late Majesty King George the Fourth, intituled "An Act for the relief of His Majesty's Roman Catholic subjects."

II. And be it enacted, That the oaths to be taken by any of Her Majesty's subjects, of the Roman Catholic persuasion, on their being sworn in as members of any branch of the Legislature, or as officers of the Government, shall in all parti2x 3

No officers of
Government or
Legislature in
future to be
required to
set out in 2d
section of Act

members of

take the oath

of 11 G. 4, c. 7.

Relates to oaths to be

taken by Roman Catholics.

culars be the same as that taken, or to be taken, by Her Majesty's Protestant subjects in the like cases, any law, usage or custom to the contrary notwithstanding.

Executed.

CAP. XXII.

An Act for appropriating certain moneys therein mentioned, for the service of the year of our Lord one thousand eight hundred and forty-seven.

ANNO UNDECIMO

VICTORIA REGINE.

1848.

Sir DONALD

CAMPBELL,

At the General Assembly of Her Majesty's Island of PRINCE EDWARD, begun and holden at CHARLOTTETOWN, the twentysixth day of January, Anno Domini, 1847, in the tenth year of the reign of our Sovereign Lady VICTORIA, by Baronet, Lt. the Grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith:

Governor.

R. HODGSON, President of the Council.

Speaker.

And from thence continued, by several prorogations, to the first day of February, 1848, and in the eleventh year of Her JOSEPH POPE, said Majesty's reign; being the second session of the seventeenth General Assembly convened in the said Island.

CAP. I.

An Act to prohibit the exportation of grain, meal and pota- Expired. toes, and for other purposes therein mentioned.

CAP. II.

Vic. c. 11.

Repealed by 12 An Act to repeal certain parts of the laws now in force regulating the performance of statute labour on the highways, relating to Charlottetown, its common and royalty, and to make other provisions in lieu thereof.

Amended by 12
Vic. c. 27.
Continued by

13 Vic. 2d sess.

c. 2.

Expired.

CAP. III.

An Act to repeal the laws now in force relating to emigrants, and to make other provisions in lieu thereof.

Repealed by 14 Vic., c. 16.

CAP. IV.

An Act to authorize the appointment of a Commissioner of highways for the town and royalty of Georgetown.

Expired.

CAP. V.

An Act for raising a revenue.

The Queen may appoint a peroffices of Master of the Rolls, &c

son to fill the

CAP. VI.

An Act to authorize the appointment of a Master of the Rolls to the Court of Chancery, and an Assistant Judge of the Supreme Court of Judicature in this Island.

WHEREAS it is deemed expedient that a Master of the

Rolls should be appointed to the Court of Chancery, and also an Assistant Judge of the Supreme Court of Judicature of this Island, which offices may be combined in one person.

I. Be it therefore enacted, by the Lieutenant Governor, Council and Assembly, That it shall and may be lawful for Her Majesty the Queen, and her said Majesty is hereby authorized and empowered, from and after the passing of this Act, to appoint, and in case of a vacancy, by death, resignation, or other cause, to appoint anew a fit and competent person to combine and fill the offices of Master of the Rolls to the Court of Chancery, and Assistant Judge of the Supreme Court of Judicature of this Island; provided always, that nothing in this Act contained shall extend or be construed to prevent a provisional appointment being made to the said offices after the passing of this Act, and in cases of vacancy, as aforesaid,

1848

by the Lieutenant, Governor or Administrator of the Govern-
ment for the time being, in like manner, as in the case of other
judicial appointments; and provided also, that such person so
appointed shall be a Barrister of at least seven years standing.
II. And be it enacted, That the Master of the Rolls to be
appointed under the provisions of this Act, shall have the
like powers and authority, in respect to the Court of Chancery
in this Island, so far as the common and statute Laws in force
in this Island extend, that the Master of the Rolls in England
has in respect to the like Court in that country: and the As-
sistant Judge of the Supreme Court, so to be appointed, shall
have the like powers and authority in respect to the Supreme
Court in this Island, so far as the common and statute laws
in force in this Island extend, as a Puisne or Assistant Judge
of the Court of Queen's Bench in England, has in respect to
the like Court in that country; except in both cases, so far as
the same shall or may be altered, enlarged, limited or regulated
by virtue of any Act of the Legislature of this Island, now or
hereafter to be passed.

Person to be appointed to be a

Barrister, &c.

Power and authority of Mas

ter of the Rolls.

Further powers

of

III. And be it enacted. That the Master of the Rolls for the time being, in all cases, except on appeals from his deci- and duty or sion and hearings thereon before the Chancellor, shall be and Master of the be deemed the responsible adviser and Judge of the said Court Rolls. of Chancery, and shall sign all rules, orders and decrees made by him therein; and the signature of the Chancellor, except in the cases aforesaid, shall not be necessary to the validity of any such rules and orders in any cause or to any decree made

in the absence of the Chancellor from this Island: provided Enrolment of always, that the enrolment of all decrees shall be signed by be signed by the Chancellor, to whom the same shall be presented, to be Chancellor. signed for enrolment.

IV. And be it enacted, That there be granted and there is hereby granted to His Excellency the Lieutenant Governor, or person administering the Government for the time being, the sum of five hundred pounds currency, annually, as a salary to such person being Master of the Rolls in the Court of Chancery, and Assistant Judge of the Supreme Court in this Island, to commence from the time of the appointment of such officer; and such salary shall be paid to such officer, when appointed, by quarterly instalments, by warrant, under the hand and seal of His Excellency the Lieutenant Governor, upon the treasury of this Island, in favor of such officer.

V. And be it enacted, That the Master of the Rolls and Assistant Judge appointed under and by virtue of this Act, shall be deemed ineligible for holding a seat in either the Executive or Legislative Councils, or House of Assembly of this

Salary to be

of the Rolls.

paid to Master

Person appointed not to hold a seat in

either Council

or House of