CAP. XXVIII.

An Act relating to costs in cases of penalties recoverable before Justices of the Peace, and to repeal a certain Act therein mentioned.

WHEREAS there are several Acts of this Island which

See 2 W. 4, c. 15.

Justice may

scale in small

inflict penalties for certain offences, without ordering costs, whereby such Acts are, in a great measure, rendered nugatory and useless; for remedy whereof: Be it enacted, by In cases of conthe Lieutenant Governor, Council and Assembly, that in all viction under cases of prosecutions, trials or convictions, which hereafter certain Acts, may be had before any Justice or Justices of the Peace, against impose costs any person or persons whomsoever, under and by virtue of any according to Act or Acts of the General Assembly of this Island, now debt Act. passed, or hereafter to be passed, which do or shall inflict penalties, or order damages, without adding costs thereto, it shall and may be lawful for such Justice or Justices, in their discretion, to tax and award costs to the plaintiff in case of conviction; or to the defendant, in case the plaintiff shall make default, or be nonsuited, agreeably to the scale established by the Act of this Island for the recovery of small debts, which shall or may be in force at the time of such prosecution, trial or conviction had, and to issue a warrant of distress, or execution, for the same, together with the amount of any penalty or damages that may be assessed.

Repeals Act of

II. And be it enacted, That an Act made and passed in the fourth year of the reign of his late Majesty King Wil- 4 W. 4, c, 6. liam the Fourth, intituled "A. Act relating to costs in cases of penalties recoverable before Justices of the Peace," be, and the same is hereby repealed.

CAP. XXIX.

An Act to repeal the Act relating to the Bank of British
North America.

*This Act repealed the Act 7 W. 4, c. 27.

CAP. XXX.

An Act to explain and amend the Act relating to boards of 11 Vic. c. 12. health.

*The Act which this Act explairs and amends has expired.

CAP. XXXI.

Expired.

An Act to continue an Act relating to treasury warrants.

** This Act continued 10 Vic., c. 15, for one year, and from thence to the end of the then next session.

11 Vic. c. 9.

CAP. XXXII.

An Act to amend the Act incorporating a mutual fire insurance company.

*This Act remains in force, but has been printed in the volume of private and local Acts pursuant to directions of Act 24 Vic., c. 3.

Repealed by 16 Vic., c. 6.

CAP. XXXIII.

An Act to further continue an Act, intituled "An Act to consolidate, amend and reduce into one Act the several Acts and parts of Acts relating to the qualifications and mode of summoning grand and petit jurors.

CAP. XXXIV.

Continued by 22 An Act for the appointment of clerks to Justices of the Peace, and to regulate proceedings had before them.

Vic. c. 9.

Authorizes

Peace to ap

point clerks.

Duties of clerks.

BE

E it enacted, by the Lieutenant Governor, Council and Assembly, That from and after the passing of this Act, it shall and may be lawful for any Justice or Justices of the Justices of the Peace, in any district of this Island, if he or they shall deem it necessary, to appoint a clerk, for whose act or acts he or they nevertheless shall be responsible, and who shall assist in the discharge of his or their duties; which clerk shall be sworn to execute his duties faithfully, and being so sworn, shall be authorized to issue, in his own name and style of office, summonses being for civil injuries only, and in all cases, subpoenas; also to enter and complete all recognizances taken before such Justices, and to execute all papers of appeal, and administer the oath on such affidavits as the law requires, for the obtaining an appeal; to draw up and sign convictions, and to prepare any other necessary instrument previous to its execution. by such Justices, according to law; and the said clerk shall be remunerated by such Justice or Justices in such manner and on such terms, as shall be agreed upon between such clerk

Clerks how to be remuner

ated.

and the Justice or Justices who shall have so employed him : provided always, that no fees, in any matter, suit or process, Fees to be tashall be taken, in addition to, or other than such as are regu- ken by Clerks. lated and established by any Act of the General Assembly of

Island.

II. And be it enacted, That it shall be lawful for any Justice or Justices of the Peace, in all cases in which they shall adjudicate, to order and direct that the costs and charges of witnesses shall be paid by either party, or apportioned, as in their discretion they shall deem just and equitable; any law, usage or custom to the contrary thereof notwithstanding.

III. And be it enacted, That any Clerk to be appointed under this Act, or any Justice of the Peace, now or hereafter to be appointed, issuing any summons or warrant without the fee thereon being first paid, shall not be entitled to recover the same by any process at law.

IV. And be it enacted, That any such Clerk so appointed, shall, at the recurrence of every assize to be holden for the County wherein such Clerk may hold his office, make a due return to Her Majesty's Judge of Assize, to be delivered to the Prothonotary of such Court on the first day of its session, of all matters which have come under his office, which returns shall contain a record of all convictions before any Justice or Justices from whom he may hold his appointment, and set forth the amount of any fines which have been legally ordered, and a statement of how they have been paid and levied, and distributed, according to the schedule to this Act annexed; and such Clerk shall likewise, at such term, make a return of all recognizances entered into, for the appearance of all parties bound to appear at such Court, and likewise copies of all notices of appeal, and such other papers as may be ordered by Her Majesty's Judge of Assize, and in addition to the several proclamations now made upon the opening of any Court of Assize for any County in this Island, it shall be the duty of every such Judge to order a proclamation to be made, calling upon all Justices of the Peace for any such County, and their Clerks, to make due returns into the said Court of Assize, agreeably to the provisions of this Act; and it shall also be the duty of any such Judge to cause the returns of all convictions so made to be published in the Royal Gazette newspaper of this Island.

V. And be it enacted, That in all cases, where no ap- Where no Clerk pointment of a Clerk, in manner aforesaid, has been made, shall be apHer Majesty's Justices of the Peace, conjointly or respectively tice to make pointed, Jusacting in the execution of their legal duties, shall themselves return, &c. return such papers, records and instruments herein described

Justice, &c. may revoke appointment of clerk.

Continuance of Act.

or required, to the said Court of Assize, and transmit the same to the Prothonotary thereof, on or before the first day of its sitting.

VI. And be it enacted, That if any Justice or Justices of the Peace shall see fit to revoke such appointment of a clerk, he or they shall be hereby authorized so to do; and all books, papers, records or other instruments in the hands of such clerk, shall, in such case, be handed over by him to such Justice or Justices, at his or their demand; and if such clerk shall neglect or refuse to deliver over such papers and records when so demanded, he shall forfeit and pay, for such offence, a sum not exceeding twenty pounds, to be recovered, with costs, in the Supreme Court of Judicature of this Island, and applied to and for the use of Her Majesty's Government.

VII. And be it enacted, That this Act shall continue and be in force for the space of ten years from the date hereof, and no longer.

Executed.

CAP. XXXV.

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

ANNO DECIMO TERTIO

VICTORIE REGINE.

At the General Assembly of Her Majesty's Island of PRINCE
EDWARD, begun and holden at CHARLOTTETOWN, the
fifth day of March, Anno Domini 1850, in the thirteenth
year
of the reign of our Sovereign Lady VICTORIA, by the
Grace of God, of the United Kingdom of Great Britain
and Ireland, Queen, Defender of the Faith:

1850.

Sir DONALD CAMPBELL, Governor.

Baronet, Lieut.

R. HODGSON, President of the Council.

ALEXANDER

Being the first session of the eighteenth General Assembly RAE, Speaker.

convened in the said Island.

CAP. I.

An Act to continue several Acts therein mentioned.

This Act continued for one year and from thence to the end of the then next session, the following Acts, namely: 5 G. 4, c. 12; 59 G. 3, c. 7; 8 G. 4, c. 7; 3 W. 4, c. 23; 3 Vic. c. 12; 6 Vic. c. 9; 5 Vic. c. 14; 10 Vic. c. 16; 9 Vic. c. 3; 9 Vic. c. 5; 9 Vic. c. 9; 9 Vic. c. 22; 9 Vic. c. 27; 9 Vic. c. 28; 10 Vic. c. 2; and 10 Vic. c. 14.

CAP. II.

An Act to provide for the payment of the civil list, on certain conditions therein mentioned.

This Act was disallowed by Her Majesty, as appears from a Despatch from Earl Grey, Her Majesty's principal Secretary of State for the Colonies, dated the 31st January, 1851, and published in the Royal Gazette newspaper of this Island, on the 1st day of April, 1851.