Expired. prisoner or prisoners during such period of divine service; and should the said prisoner or prisoners refuse or neglect to obey the order of the said Justices in this behalf, or behave improperly or irreverently during divine service, the said visiting Justices are hereby empowered to cause such prisoner or prisoners to be placed in solitary confinement, for a period not exceeding five days. CAP. XIII. An Act relating to the duties of the harbor master of the port of Charlottetown, and for the better regulation of the public wharfs therein. Chancellor, with advice of Master of the Rolls, to direct forms and proceedings, &c. Number and names of terms in Chancery, &c Causes, &c. may be heard in va cation. Queen's County CAP. XIV. An Act for the improvement of the practice of the Court of HEREAS the practice of the Court of Chancery is in many respects dilatory and expensive, and ill adapted to the state of the Island, and requires extensive alterations and amendments: Be it therefore enacted, by the Lieutenant Governor, Council and Assembly, That the Chancellor, by and with the advice and consent of the Master of the Rolls, shall have full power and authority, from time to time, to direct and declare the forms and proceedings to be observed in all matters of which the Court now has, or hereafter may have cognizance and jurisdiction; such forms and proceedings not being inconsistent with the Laws of Great Britain and this Island, and the practice of Her Majesty's High Court of Chancery in England. II. And be it enacted, That there shall be three terms of the said Court in each year; that is to say, Hilary term, to commence on the first Tuesday in February, and to end on the Saturday then next ensuing; Trinity term, to commence on the last Tuesday in May, and to end on the Saturday then next ensuing; and Michaelmas term, to commence on the third Tuesday in November, and to end on the Saturday then next ensuing; and that causes and other matters to be heard in the said Court, may be brought to hearing, and heard and determined in vacation, as well as in term time, under such regulations, as may be established in that behalf by the rules and orders of the said Court. III. And be it enacted, That the common jail of the Counjail to be prison ty of Queen's, shall be the prison of the said Court: provided always, that in case it shall be expedient, and the ends of jus of Court of Chancery. tice be thereby answered, any prisoner of the Court may be committed to the common jail of any County within which have been arrested, in case the Court shall so order he may and direct. IV. And be it enacted, That it shall be the duty of the Sheriffs in the several Counties, to serve any writs of subpœna, or execute any process of this Court, within their respective Counties, that may be sent to them for that purpose. V. And be it enacted, That all Sheriffs, deputy Sheriffs, Sheriffs, &c., jailers, constables, and other officers, shall be aiding, assisting, to aid Court. and obeying the said Court, in the exercise of its jurisdiction, whenever required so to do. VI. And be it enacted, That in case the plaintiff in any suit, commenced or to be commenced in the Court, shall neglect to proceed in the same in due time, according to the practice of the said Court, the bill may be ordered to be dismissed; and in case the defendant shall neglect to appear in due time, after service of process, or shall neglect to put in his answer, or to take any other necessary step in the cause, within the time in that behalf limited by the practice of the said Court, the bill may be ordered to be taken against him as confessed; subject nevertheless, to such regulations and restrictions as may be established and provided, in that behalf, by the rules and orders of the said Court. Powers of the Court in suits respect plaintiff and defendant. as VII. And be it enacted, That the several masters in ordi- Masters to act nary in this Court, now appointed, or hereafter to be appoint- as examiners. ed, shall have power to act as examiners in the said Court; and in any case, where from the remoteness of residence of any examiner from the place of residence of the witness, or other circumstance, it may be deemed expedient, the Chancellor or Master of the Rolls shall have full power and authority, by order of the said Court, especially to appoint some other person or persons, pro hac vice, being in no way interested in the event or issue of the suit, who shall have power to administer the oath to the witnesses, and take the examination in such cause provided always, that no examination be taken before any examiner, until such examiner shall have been first duly sworn, according to the rules and regulations of the said Court to be established in that behalf. Witnesses may VIII. And be it enacted, That the examination of witnesses in matters pending in the said Court to such extent, be examined and subject to such rules and regulations as may on that be- on questions half be prescribed and established, may be conducted on ques- suggested amtions suggested and prepared at the time of examination, and ination. be attended by the parties, their solicitors and counsel. at Moneys subject to control of Court to be paid into treasury. Regulates the mode in which moneys are to be paid into the treasury. Regulates the mode by which moneys may be withdrawnfrom the treasury. Registrar to keep accounts of cash, &c., in causes. IX. And be it enacted, That all moneys, which are now, or which hereafter shall become subject to the control and distribution of this Court, shall be paid into the treasury of this Island, or be vested in such securities as the Master of the Rolls shall, from time to time, direct; and all interest and increase accruing thereon, or which shall have accrued thereon, whether from an increase in the value of coins, or otherwise, shall be added to the principal, and distributed therewith to the person entitled to the same, subject to such rules and regulations as may be established in that behalf. X. And be it enacted, That for every sum of money to be paid into the treasury of this Island, as aforesaid, the Registrar shall give a certificate, mentioning the order or report, under the authority of which the person named in the certificate is to pay the sum therein specified, and directing it to be placed to his account as Registrar; and on receipt of the money specified in such certificate, the Treasurer shall, on the back thereof, endorse a certificate of such payment, and shall also enter, in an account to be kept by him for that purpose, the amount paid to the credit of the Registrar; such entry specifying the particular cause, on account of which such money is paid in; and such certificate, so endorsed, shall thereupon be filed with the Registrar by the party paying in such money; and all moneys so paid into the treasury as aforesaid, may be applied by the Treasurer in paying off treasury warrants, in the same manner as other public moneys. XI. And be it enacted, That whenever any moneys so paid in, shall, by any order or decree of the said Court, be directed to be paid out, the Registrar shall draw an order under his hand on the Treasurer, entitled in the particular cause on account of which the money is to be paid, and directing the Treasurer to charge the same to his account as Registrar; and the Treasurer shall thereupon, on the same being presented for payment, pay the amount of such order; or if not then in funds so to do, shall pay the same out of such moneys as shall first come to his hands after payment of such order shall be demanded, together with the interest thereon, after the rate of six per centum per annum, from the time at which payment of such order may have been demanded, until he shall give notice in the Royal Gazette of his readiness to pay the same. XII. And be it enacted, That it shall be the duty of the Registrar to keep proper accounts of the cash and other effects, standing in the particular causes, in such manner, and under and subject to such rules and regulations as may be prescribed and established by the said Court in that behalf. Court in case or more plain XIII. And be it enacted, That where, in any suits pending Practice of in the said Court, the cause of action shall survive, such suits shall not abate by reason of the death of one or more of the plaintiffs or defendants; but upon suggestion of such death to the Court, the suit shall be allowed to proceed in favor of, or against the surviving party, as the case may be; and in case of the death of one or more plaintiffs or defendants in any suit where the cause of action shall not survive, it shall only abate, as to the person or persons so dying, and not otherwise. XIV. And be it enacted, That in all causes where it shall be necessary to revive a suit against the representatives of a deceased defendant, no bill of revivor shall be necessary; but the Court may by order direct, that the same stand revived upon the petition of the plaintiff, subject to such rules and regulations as may be made in that behalf. Practice of Court when necessary to revive a suit. Powers of Court performance of XV. And be it enacted, That the said Court shall have power to enforce performance of any decree or obedience there- in enforcing to, by execution against the body of the party against whom such decree is made; or against the goods and chattels, and in default thereof, against the lands and tenements of such party; which execution, so issued, shall have the like effect, as executions issuing out of the Supreme Court of this Island; and every person so imprisoned under any execution issuing out of the said Court of Chancery, shall be entitled to the like benefit of any statute made for the relief of insolvent debtors, as if arrested under process of the said Supreme Court. XVI. And whereas it frequently happens, that persons absent or resident out of this Island, are necessary parties, defendants to suits in the Court of Chancery of this Island: Be it enacted, That if any suit which hath been or hereafter shall be commenced in the said Court of Chancery, any defendant or defendants against whom any subpoena or other process may issue, shall not cause his, her, or their appearance to be entered upon such process within such time, and in such manner as, according to the rules of the Court, the same ought to have been entered in case such process had been duly served, and it shall be made to appear upon affidavit to the satisfaction of the said Court, that such defendant or defendants are absent from, or do not reside within the Island, then, and in such case, the said Court may make an order, directing and appointing such defendant or defendants to appear at a certain day therein to be named, and a copy of such order shall, within fourteen days after such order made, be inserted in the Royal Gazette, published by the Queen's printer in this Island, and shall continue to be inserted in the same Gazette for so long a time as the Court shall direct, not less than three months; or in case the said Court shall see fit so to direct, body, &c., of party. Regulates the practice of the Court when neto suit are absent. cessary parties that a copy of such order shall, within one year next after the making of the same, be served on the defendant or defendants either personally, or by leaving the same at the residence of the defendant or defendants with some person belonging to the family, or living in the house of the said defendant or defendants; and if such defendant or defendants do not appear within the time limited in and by such order, or within such further time as the Court shall appoint, then, on proof made of such publication or service of such order, as aforesaid, the Court being satisfied of the truth thereof, may order the plaintiff's bill to be taken pro confesso, and make such decree thereon as shall be thought just and proper, and may thereupon issue process to compel the performance of such decree, either by an immediate sequestration or absolute sale of the real and personal estate and effects of such defendant or defendants, if any such can be found, or such part thereof as may be sufficient to satisfy the demand of the plaintiff or plaintiffs in such suit, in the manner hereinafter provided, or by causing possession of the estate or effects demanded by the bill to be delivered to the plaintiff or plaintiffs, or otherwise, as the nature of the case may require; and the said Court may likewise order such plaintiff or plaintiffs to be paid and satisfied his, her or their demand out of the estate or effects so sequestered or sold, according to the true intent and meaning of such decree; such plaintiff or plaintiffs first giving sufficient security, in such sum as the Court shall think proper, to abide such order, touching the restitution of such estate or effects as the Court shall think proper to make concerning the same, upon the defendant or defendants' appearance to defend such suit, and paying such costs to the plaintiff or plaintiffs as the Court shall order: provided always, that in case of a decree for an absolute sale of such real or personal estate as aforesaid, such security be given before such rule be made; but in case the plaintiff or plaintiffs shall refuse or neglect to give such security as aforesaid, then the Court shall order the estate or effects so sequestrated, or whereof possession shall be decreed to be delivered, to remain under the direction of the Court, either by appointing a receiver thereof, or otherwise, as to such Court shall seem meet, until the appearance of the defendant or defendants to defend such suit, and his, her, or their paying such costs to the plaintiff or plaintiffs as the said Court shall think reasonable, or until such order shall be made therein as the Court shall think just: provided always, that if any decree shall be made in pursuance of this Act, against any person or persons being out of this Island, in manner aforesaid, at the time such decree is pronounced, and such person or persons shall, within three years after the making of such decree, return, or become publicly visible, then, and in such case, he, she, or they shall be |