Sheriff, if sued

for escape, may plead general issue, &c.

Sureties may render principal, and to be entitled to have bond delivered up.

Persons arrest

ed to be coǹfined in the jail of the

County where arrest is made.

Person arrested out of the County in

which he resides, may be conveyed to the jail of his own County.

fendant and sureties in any such action, in addition to the sum of five shillings as aforesaid, the amount of the Prothonotary's charge for filing and entering such bond.

II. And be it enacted, That no Sheriff shall be liable to any action of escape, or other suit or information, for or on account of any liberty that may be granted to any confined debtor under the provisions, and according to the true intent and meaning of this Act; and in case the Sheriff should be sued for anything done by him in pursuance of this Act, he may plead the general issue, and give this Act, and the special matter necessary to his defence, in evidence under that plea.

III. And be it enacted, That the sureties in any such bond as aforesaid, or either of them, shall be, at any time before the same shall be forfeited, permitted to surrender the defendant or defendants, for whom they are sureties, into the custody of the Sheriff, in like manner as special bail are now by law allowed to do; and after such surrender made, and notice thereof given to the plaintiff or plaintiffs, or his, her, or their attorney, with a certificate of the Sheriff or jailer that the defendant or defendants is, or are in his custody, pursuant to such surrender, the sureties in the bond shall be entitled to have the same delivered up, on request, to be cancelled.

IV. And be it enacted, That all persons liable to be committed to jail within any County in this Island, shall be sent to the jail of the County in which he was arrested, or in which the offence is alleged to have been committed, and the jailers for King's and Prince Counties shall receive the same fees, and no other, that are taken by the jailer of the jail of Charlottetown, and all laws respecting the conduct of such jailer, are hereby extended to the said jails of King's County and Prince County respectively.

V. And be it enacted, That when any person shall be arrested either under mesne or final process, in any civil action out of the County wherein he generally resides, or seeks a livelihood, and shall desire to be confined in the jail of such County, it shall be lawful for the Sheriff or his deputy making the arrest, and he is hereby required, upon sufficient security against escape being first given by the prisoner, if required, and payment of lawful mileage to convey him to such jail, and to leave with the jailer thereof an entry of the nature of the process against the prisoner, and the amount for which he was arrested, which shall be sufficient to charge the Sheriff of the County, to the jail of which the prisoner shall have been so removed; and his officers, with his safe custody, the same as if the prisoner had been originally arrested by such last mentioned Sheriff; and the Sheriff so removing any prisoner shall endorse a memorandum of such removal on the writ, by

virtue whereof the arrest was made, for the information of the plaintiff, but such removal of a prisoner as aforesaid, shall not of itself affect the venue in any action.

VI. And be it enacted, That this Act shall be and continue Continuance in force for and during the space of five years, and from thence of Act. to the end of the next session of the General Assembly, and no longer.

CAP. II.

An Act relating to judgments recovered in the Supreme Court Amended by 23 of this Island, and to amend an Act therein mentioned.

WHEREAS it is deemed desirable, fully to ascertain and

Vic. c. 7.

preme Court

declare the law relating to judgments already entered up, or hereafter to be entered up of record in Her Majesty's Supreme Court of Judicature of this Island, in so far as the same are or shall be a lien upon and affect real property, and also to amend the forty-fourth section of an Act made and passed in the sixth year of the reign of her present Majesty, intituled "An Act to repeal an Act made and passed in the 6 Vie. c. 26. twenty-first year of the reign of King George the Third, intituled An Act relating to wills, legacies and executors, and 21 G. 3, c. 2. for the settlement and distribution of the estates of intestates, and to make other provisions in lieu thereof,'" in so far as the same relates to the payment of judgment debts out of the real estate of a party deceased, testator or intestate: Be it therefore enacted and declared, by the Lieutenant Governor, Council, and Assembly, that a judgment already entered up, remaining Judgments enunsatisfied, or to be hereafter entered up, against any person tered in Suin Her Majesty's Supreme Court of Judicature of this Island, declared a lien shall operate as a charge upon all lands, tenements and here- upon real esditaments of or to which such person was or shall be at the time of entering up such judgment, or was or shall be at any time afterwards seised, possessed, or entitled for any estate or interest whatever, at law or in equity, whether in possession, reversion, or remainder, or expectancy, or over which such person at the time of entering up such judgment, or at any time afterwards, had or shall have any disposing power, which he might, without the assent of any other person, exercise for his own benefit, and shall be binding as against the person against whom judgment has been, or shall be so entered up, and against all persons claiming under or against him, after such judgment, and shall also be binding as against the issue and binding of his body, his executors and administrators, and all other against all persons whom he might, without the assent of any other per- tors, &c. son, cut off and debar from any remainder, reversion, or other

tate;

heirs, execu

Preference to

Extent of cre- interest, in or out of the said lands, tenements and hereditaditor's remedy. ments; and that every judgment creditor shall have such and the same remedies in a court of equity against the hereditaments so charged by virtue of this Act, or any part thereof, as he would be entitled to in case the person against whom such judgment has or shall have been so entered up had power to charge the same hereditaments, and had by writing under his hand, agreed to charge the same with the amount of such judgment, debt and interest; and an execution issued or levied, or hereafter to be issued or levied upon any judgment already entered up, or hereafter to be entered up as aforesaid, against any person or persons, shall not be construed or held in any way to entitle such judgment to preference over others of an depend on pri- earlier date; but all and every person or persons who shall become purchasers of lands, tenements and hereditaments sold under such execution, shall take and hold the same, subject to, and bound by all prior judgments, or judgments of an .earlier date, standing unsatisfied on record in Her Majesty's said Supreme Court, against the person or persons whose lands, tenements and hereditaments, are or shall be so sold under execution, but free and discharged from all judgments entered up subsequently to that on which such execution may have been issued: provided that nothing herein contained, shall be deemed or taken to alter or affect any doctrine of courts of equity, whereby protection is given to purchasers for valuable consideration, without notice.

ority.

Proviso.

When personal assets are in

sufficient to pay the debts of a

deceased person, Executor,

&c. to obtain order to sell real estate.

II. And be it enacted, That if the executor or administrator of a person deceased, against whom any judgments shall at the time of his decease be standing unsatisfied on record in Her Majesty's said Supreme Court, after first applying the personal assets of the deceased towards the payment of his debts in manner as directed in and by an Act of the General Assembly of this Island made and passed in the sixth year of the reign of her present Majesty, intituled "An Act to repeal an Act made and passed in the twenty-first year of the reign of King George the third, intituled 'An Act relating to wills, legacies and executors, and for the settlement and distribution of the estates of intestates,' and to make other provisions in lieu thereof," shall on account of the insufficiency of such personal assets, apply for and obtain from the Court of the Surrogate and Judge of the Probate of Wills in this Island, a license to sell the real estate of the deceased towards payment of such debts, in the manner pointed out in and by the above recited Act, it shall and may be lawful for such executor or administrator, and he is hereby required to apply the proceeds arising from any sale made under such license, to the to legal prior payment of the debts of the deceased, according to their legal priority in the order of classes; but such executor or administrator shall pay off all judgment debts standing unsatisfied

Debts to be

paid according

ity.

against the deceased at the time of his death, in the order of priority, in which they may stand on record in Her Majesty's said Supreme Court; nor shall it be lawful for such executor or administrator, out of the proceeds arising from any such sale as aforesaid, to pay off all or any part of the amount due on any subsequent judgment, until he shall first have fully paid and satisfied all prior unsatisfied judgments standing on record as aforesaid, against his testator or intestate; any thing in the forty-fourth section of the above recited Act contained, to the contrary thereof, in anywise notwithstanding.

III. And be it enacted, That nothing in this Act contained, shall in any way affect or extend to leasehold interests or terms for years in lands in this Island.

Leasehold infected by this

terest not af

Act.

ments not over

IV. And be it enacted, That all judgments at law, already Execution may or hereafter to be entered up in the said Supreme Court, and issue on judgnot being over ten years' standing, from the day of entry, shall ten years old. be presumed to be due and unpaid, notwithstanding execution may never have issued thereupon, within a year or otherwise, until satisfaction shall be duly entered of record for the same, and no writ of scire facias shall in future be deemed necessary to revive any such last mentioned judgments.

CAP. III.

An Act to authorize free trade with the United States of America, in certain enumerated articles.

WHEREAS reciprocal free trade in articles the produce

articles with

or growth of the United States of America, and of this Colony, would be mutually beneficial to the people of both countries: Be it therefore enacted, by the Lieutenant Governor, Council and Assembly, That when the Lieutenant Gover- Reciprocal free nor, or other Administrator of the Government of this Island trade in certain for the time being, shall issue his proclamation, declaring the United that the articles hereinafter enumerated, being the growth or States of Ameproduction of Prince Edward Island, are admitted into the rica permitted. United States of America by law, free of duty, that on and after that day, the like articles, being the growth or production of the United States of America shall be admitted into Prince Edward Island free of duty, when imported direct from the United States of America, so long as the said enumerated articles are admitted into the United States of America, from Prince Edward Island, free of duty, to wit: grain and breadstuffs of all kinds, vegetables, fruit, animals, hides, wool, tallow, horns, salted and fresh meats, ores of all kinds of metals, timber, staves, wood and lumber of all kinds; also, seeds, butter, cheese, pot and pearl ashes.

CAP. IV.

An Act for improving the Law of Evidence.*

WHEREAS the inquiry after truth in Courts of Justice is

often obstructed by incapacities created by the present law, and it is desirable that full information as to the facts in issue, both in criminal and in civil cases, should be laid before the persons who are appointed to decide upon them, and that such persons should exercise their judgment on the credit of the witnesses adduced, and on the truth of their testimony: Now therefore, be it enacted, by the Lieutenant Governor, Council and Assembly, That no person offered as a witness shall hereafter be excluded by reason of incapacity from crime or interest, from giving evidence, either in person or by deposition, according to the practice of the Court on the trial of any issue joined, or of any matter or question, or on any inquiry arising in any suit, action or proceeding, civil or criminal in any court, or before any judge, jury, sheriff, coroner, magistrate, officer or person having by law, or by consent of parties, authority to hear, receive and examine evidence, but that every person so offered, may and shall be admitted to give evidence on oath or solemn affirmation, in those cases wherein affirmation is by law receivable, notwithstanding that such person may or shall have an interest in the matter in question; or in the event of the trial of any issue, matter, question or inquiry, or of the suit, action or proceeding in which he is offered as a witness, and notwithstanding that such person offered as a witness may have been previously convicted of any crime or offence: provided, that this Act shall not render competent any party to any suit, action or proceeding, individually named in the record, or any lessor of the plaintiff, or tenant of premises sought to be recovered in ejectment, or the landlord or other person in whose right any defendant in replevin may make cognizance, or any person in whose immediate and individual behalf, any action may be brought or defended, either wholly or in part, or the husband or wife of such persons, respectively provided also, that this Act shall not repeal any provision in a certain Act, passed in the sixth year of the reign of her present Majesty, intituled "An Act to repeal an Act made and passed in the twenty-first year of the reign of King George the Third, intituled An Act relating to wills, legacies, and executors, and for the settlement and distribution of the estates of intestates,' and to make other provisions in lieu thereof;" provided, that in courts of equity, any defendant to any cause pending in any such court, may be examined as a witness on the behalf of the plaintiff or of any codefendant, in any such cause pending, saving just exceptions, and that

* See 16 Vic. c. 12, sec. 11, which repeal part of the first sec. of this Act.