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been or may be incurred in relation to the said
duties as fully and ejBfectually, to all intents and
.purposes, as if the same powers and authorities,
rules, regulations, directions, penalties, forfeit-
ures, clauses, matters and things, were particu-
larly repeated and re-enacted in the body of this
Act, with reference to the said duties hereby
or thereby granted and imposed.

IX. In each and every clause or section of sums in the
the said recited Act of the thirty-fourth Vic- Act of 34 vus
Jtoria, chapter one, where the words pounds, rediiced^into



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12 Cap. 1. 36th VICTORIA. 187S

decimal cur- shillings or pence, are used or employed, the sum
rency. therein mentioned shall be converted and redu-

ced into the decimal currency now established in
this Island, agreeably to the scale or rate fixed
and determined by an Act passed in the thirty-
fourth year of the reign of Her present Majesty,
intituled " An Act to establish a Decimal System
of Currency in this Island,' ' and shall and may
be collected, taken and recovered, in the afore-
said Decimal Currency.

Schedules X. The several forms and schedules men-

34th Vic!^ca'p tioned and referred to in the said recited Act, of

1, shall be ^ the thirty-fourth Victoria, chapter one, and ap-

operation ^of pended or annexed to the said Act, shall con-

this Act, tinue and be applicable to the several matters

and things to which the same have reference in

the said Act, during the operation of this Act',

and shall be used for like purposes and objects

during the continuance of this Act, as they have

hitherto been and now are used under the said

recited Act of the thirty-fourth Victoria, chapter

one.

f ""f sTiand -^^- "^^^^ ^^'^*' second, third, fourth, fifth, fifty-
122 of 34th" fourth and one hundred and twenty-second sec-
vic. cap 1, tions of the said hereinbefore recited Act, of the

thirty -fourth Victoria, chapter one, shall be and

the same are hereby repealed.



repealed.



Duration of XII. This Act shall go into operation and be

^^^' in force from the passing thereof, and from thence

shall continue and be in force until the first day

of May, in the year of our Lord one thousand

eight hundred and seventy-four.

XIII. This Act may be repealed, altered or
amended by any Act or Acts to be passed during
the present session.



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1873 36th VICTORIA. Cap. 1. 13



CAP. II.

An Act to amend the Act for raising a Revenue.

[Ptissed June 14, 1873.]

BE it enacted by the Lieutenant Governor,
Council and Assembly, as follows, that is to
say :—

I. From and after the passing of this Act Amends Bev-
iiiBtead of the duties imposed by the " Act for present Sea-
raising a Revenue," passed during the present ^^®°-
session of the Legislature, on Rum, Spirits, Brown Duties im-
and Muscovado Sugar, manufactured Tobacco and ^^®®^ •""
Cigars, to be imported into this Island, the fol-
lowing duties shall be imposed on the said
articles, that is to say : —

II. On Rum, the duty of eighty cents per On Rum.
gallon* On Spirits and Strong Waters imported on Spirits
into this Island, mixed with any ingredient or ™J^^^ ^^^_
ingredients, although thereby coming under the ent, &c.
name or denomination of Proprietary Medicines,
Mixtures, Essences, Extracts, or any other name,
description or denomination, shall be,ne vertheless,

held and deemed to be Spirits or Strong Waters,
and subject to the duty of one dollar and twenty
-cents per gallon. On Spirits and Strong Waters, on Spirits &
imported into this Island, the sum of one dollar strong watr
and twenty cents per gallon. On Sugar, equal to On Sugar
or above number nine Dutch, one cent per pound ^^^^^ ^^' ^
and twenty-five per centum ad-valorem. On
Sugar equal to or below number nine^ Dutch, Sugar below
three quarters of a cent per pound, and twenty-
five per cent ad-valorem. On Tobacco, manu- q^ Tobacco,
factured, twenty cents per pound, and twelve
-and one-half per cent, advalorem. On Cigars, cigars,
forty -five cents 'per pound.



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14 Gap. 2. 36th VICTORIA. 1873

Enactments III. AH and every the po\'^ers and authorities,
€ap.*i%oap- provisions, rules, regulations, directions, penal-
piy to col ties, forfeitures, clauses, matters or things, in the
UesTnalv''' Act of the thirty-fourth Victoria, chapter one,
this Act. shall severally and respectively be duly observed,
practised and applied to and put in execution in
relation to the duties thereby and hereby im-
posed and granted as well during the time limit-
ed by the said " Act for raising a Revenue," as
after the expiration thereof for securing, levying,
collecting and recovering the said duties, and all
arrears thereof, and all penalties and forfeitures
that may have heretofore been incurred under
and by virtue of the said recited Act, and for
suing for and recovering all such penalties as
shall have been and may be incurred in relation
to the said duties as fully and effectually, to all
intents and purposes, as if the same powers and
authorities, rules, regulations, directions, penal-
ties, clauses, matters and things were particular-
ly repealed and re-enacted in the body of this
Act with reference to the said duties hereby and
thereby granted and imposed.

•Schedules & IV. The several forms and schedules men-

Vi™Cap. 1, tioned and referred to in the said recited Act of

shall be used the thirty-fourth Victoria, chapter one, shall con-

aSon^of^this tinue and be applicable to the several matters

Act, &c. ^nd things to which the same have reference in

the said Act during the operation of this Act,

and of the Act of the present session, intituled

" An Act for raising a Revenue," and shall be

used for like purposes and objects during the

continuance of this Act as they have hitherto been

and now are used under the said recited Act of

the thirty-fourth Victoria, chapter one.

All sections V. Any scction or sections, and every part or

34th Victoria parts of any section or sections of the Act of the

<:ap. 1, and thirty-fourth Victoria, chapter one, intituled

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1873 36th VICTORIA. Cap. 3. 15

"An Act for raising a Reuenue," and of the Act setii vie,
cf the thirty-sixth Victoria, chapter one, inti- of ^^i/ other
tuled "An Act for raising a Revenue," and of Acts which
all other Acts of this Island which authorise the pay^^Tof
payment oi: allowance of drawbacks to the ex- drawbacks,.
porter or exporters from this Island, of Wines, ^®p^*^®*^-
Gin, Brandy, Rum, or othfer distilled Spirituous
Liquors, Tea, Tobacco, Goods, Wares and Mer-
chandize, shall be, and the same are hereby re-
pealed, and shall be held to have been repealed
from and after the first day of June, in the pre-
sent year of our Lord one thousand eight hundred
and seventy-three, and no payment or allowance
of drawbacks shall be made or granted to any
exporter or exporters from this Island of Wines,
Gin, Brandy, Rum or other Distilled Spirituous
Liquors, Tea, Tobacco, Goods, Wares and Mer-
chandize upon or after the said day.

VI. All the provisions of this Act shall, for Act to take
the purposes thereof, be held and construed to be if^june,"^
in force and effect from and after the first day of i^is.
June, in the year of our Lord one thousand eight
hundred and seventy-three.



CAP. III.

An Act to establish County Courts of Judicature
in this Island.

[Passed June 14, 1873.]

BE it enacted by the Lieutenant Governor,
Council and Assembly, as follows :

I. There shall be established in each of the County
Counties of Queen's County, Prince County, ^^^^^Jfi^^^^
and King's County, in this Island, respectively, ineachCoun-
Courts of Judicature to be called, respectively, *^'



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16 Cap. 3. 36th VICTORIA. ISTST.

Designation " the County Court of Queen's County," "the
County Court of Prince County/' and "the
County Court of King's County."

Conntiesto II. For the purposes of this Act, Queen's
ded?nt1)^Cir- County shall be divided into six circuits, and
cults. King's and Prince Counties into five circuits each,

in each of which circuits the said County Courta-
respectively, shall hold sittings or terms thereof,
as follows, that is to say : For the first circuit in
PriSceCoun- Prince County, the said County Court for Prince
ty. County shall hold a sitting or term at or near

Aiberton. Alberton, on the first Tuesday in the months
of January, March, May, July, September, and
November, in each and every year. For the
aecond circuit in Prince County, the said County
Court of Prince County shall hold a sitting or
Port Hill, term at or near Port Hill, Township Number
Thirteen, on the Friday next following the first
Tuesday in the months of January, March, May^
July, September and November, in each and
every year. For the third circuit in Prince
County, the said County Court for Prince County
shall hold a sitting or term at or near Abram's-
Abram's Til- Village, Township Number Fifteen, on the sec-
^®' ond Tuesday in the months of January, March,

May, July, September and November, in each
and every year. For the fourth circuit in Prince
County, the said County Court for Prince County
Snmmerside. shall hold a sitting or term at/or near Summer-
side, Township number Seventeen, oq the Fri-
day next following the second Tuesday in the
months of January, March, May, July. Septem-
ber, and November, in each and every year.
For the fifth circuit in Prince County, the said
County Court for Prince County shall hold a sit-
Centreviiie. ^^^S ^^ term at or near Centreville, Township
Number Twenty-six, on the third Tuesday in
the months of January, March, May, July, Sep-
tember, and November, in each and every year.



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1873 36th VICTORIA. Cap. 3. IT

III. For the first circuit in Queen's County, circuits Ib
the said County Court for Queen's County shall ^H^j^
hold a sitting or terra at or near Clifton, Town- cufton^*^
ship Number Twenty-one, on the first Tuesday
in the months of February, April, June, August,
October, and December, in each and every year.
For the second circuit in Queen's County, the
said County Court for Queen's County shall hold
a sitting or term at or near Bonshaw, Township Bonshaw.
Number Thirty, on the Friday next following
the first Tuesday in the months of Februar}^,
April, June, August, October and December, in
each and every year. For the third circuit in
Queen's County, the said County Court for
Queen's County shall hold a sitting or term at or
near New Glasgow, Township number Twenty- New Gias-
three, on the second Tuesday in the months of ^'^^*
February, April, June, August, October, and
December in each and every year. For the
fourth circuit in Queen's County, the said Coun-
ty Court for Queen's County shall hold a sitting
or term at or near Ten-mile House, Township Ten MUe •
Number Thirty-five, on the Friday next follow- ^^^i^^^-
ing the second Tuesday in the months of
February, April, June, August, October, and
December, in each and every year. For the fifth
circuit in Queen's County, the said County Court
for Queen's County shall hold a sitting or term at
or near Eldon,on Township Number Fifty-seven, Eidon..
on the third Tuesday in the months of February,
April, June, August, October and December, in
each and every year. For the sixth circuit in
Queen's County, the said County Court for
Queen's County, shall hold a sitting or term at
Charlotte town, on the Thursday next following chariotte-
the third Tuesday in the months of February, *^^°-^
April, June, August, October and December, in
each and every year.

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18 Cap. 3. 36th VICTORIA., ISm

circuits In IV. For the first circuit of King's County, the

King's coun- g^j^ County. Court for King's County shall hold.

a sitting or term at or near the head of Saint

Saint Peter's Peter's Bay, Township number Forty-one, on the

^*^' first Tuesday in the months of January, March,

May, July, September and November, in each

and every year. For the second circuit in

King's County, the said County Court for King's

County shall hold a sitting or term at or near

Souris East. Souris East, Township Number Forty-five, on the

Friday next following the next Tuesday in the

months of January, March, May, July, September

and November, in each and every year. For

the third circuit in King's County the said

County Court for King's County shall hold a

Grand River.'sitting or term at or near Grand River, on the

second Tuesday in the months of January,

March, May, July, September, and November, in

each and every year For the fourth circuit in

King's County, the said County Court for King's-

County shall hold a sitting or term at or near

Georgetown. Georgetown, on the Friday next following the

second Tuesday in the months of January, March,

. May, July September and November, in each

and every year. For the fifth circuit in King's

County, the said County Court for King's County

shall hold a sitting^or term at or near the Head

Murray Riv- of Murray River, Township Number Sixty-three,

^^' on the third Tuesday in the months of January,

March, May, July, September and November, in

each and every year.

Duration of V. The Said County Courts, respectively, shall:
Court^'^^ continue their sittings or terms at the places

above mentioned, until all the business before

them shall have been disposed of.

Where ac- VI. The plaintiff may bring his action in any

brou ht^ ^^ ^^ *^^ ^^^^ circuits of the said Courts, although

the parties to the action may not reside within



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1873 36th VICTORIA. Cap. 3. . 19

the limits of such Court, provided the defend-
ant shall be a resident of the County in which
such circuit is situated ; and, if there be joint de- Proviso—
fendants, provided that at least one of such de- be^ broiigh^
fendants shall be resident in the County in which in County of
such action is brought ; provided that the plain- residence. ^
tiff shall sue in any one of the two circuits near-
^st to either the plaintiff or the defendant. ^

VII. The . Lieutenant Governor in Council One Judge to
^hall appoint one Judge for each of the said fo/eff^^'^
Counties of Queen's County, Prince County, and County.
King's County.

VIII. Provided that nothing herein contained jurisdiction
shall affect the power or jurisdiction at present of Mayor's
exercised by the Mayor's Court, or Police Court, of^chariottE
iu the City of Charlottetown. town not be

•^ affected by

IX. The said Judges shall be selected from p^^'^'^i^^^
and shall hold office during good behaviour. judges to be
the Barristers of at least seven years' standing, selected.

X. The salary of each of the Judges of the Salaries of
said several County Courts, shall not be less than ^^^^^^ '^"^-
one thousand dollars, nor more than two thous-
and six hundred dollars per annum, payable
quarterly, besides travelling expenses, not ex-
ceeding two hundred dollars per year, to each

Judge.

XI. No Judge of any of the said courts shall county jud-
practise, carry on, or 'jconduct any business in g^s not to

T)Factice as

the profession or practice of the law, while being attorneys,
such Judge, on pain of forfeiture of his office. &c-

XII. When, by reason of the absence of any ^djourn-
Judge, a County Court cannot be held, the clerk ment of court
or assistant clerk of the circuit in which the sit- IS^th^^cSlof
ting of the vcourt was to be held, shall adjourn absence of
the court to such day as he may deem convenient, ^^^ ^^^s^-
and SQ, from time to time, until the court can be



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20 Cap. 3. 36th VICTORIA. 1873

held; and he shall enter in the minutes the

-cause of such adjournment ; and in case of the
Appointment Continued absence or inability of a Judge to hold
or locum ten- hiH court, the Lieutenant Governor in Council
«ontSiSed^^ inay appoint a Barrister of the Supreme Court
absence. of the Said Island, to act in his stead during such

inability or absence, who shall be vested with

all the powers of the Judge.

Oathofoiiice XIII. Before he shall enter on the duties of

x>f Judge. jjjg office, every Judge shall take the following

oath before the Lieutenant Governor in Council,

or one of the Judges of the Supreme Court of the

said Island, that is to say :

" I do swear that I will

truly and faithfully, according to my skill and

knowledge, execute the several duties, powers

^and trusts of a Judge of the County Court of

County, without favor, fear
oY malice. So help me God."

Chief Clerk XIV. Each Judge for the said court shall
^ointe^d'in appoint a chief clerk for his said court, and also
each County, an assistant clerk for each of the said ^circuits.
And Assist- and every such clerk and assistant clerk, when
ant Clerks (jujy appointed, shall take the following oath of
for^each cir- ^^^^ before the JudgQ of the court, by which he
is appointed, that is to say : ^ •

'^ I do swear that I

will truly and faithfully, to the best of my skill
and knowledge, execute the duties of chief clerk
of the County Court of County, (or

assistant clerk of the circuit

of the county court of County).

So help me God."

Duties of XV. The chief clerk* for each court, and the

Chief Clerk, assistant clerk in each circuit, shall, issue, sign,

and seal all writs, and tile all writs and papers.



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1873 36th VICTORIA. Cap. 3. , 21

.and shall keep books in which shall be entered
all causes, rules and orders made therein, and a
minute of the judgment rendered in his court,
41 copy of which, certified by him, shall be evi-
dence of such judgment in all courts in this
Island ; and the chief clerks, respectively, shall
keep an office in Charlottetown, Georgetown, cierk's ofice
And Summerside, and each of the assistant clerks ^^^^^ ^o *>«
shall also keep an office at or near the place ^^ '
where the court shall hold its sittings or terms
in each circuit for which he is assistant clerk.
The said chief clerks shall be paid each, annually, gaiary of
the sum of five hundred dollars, payable quarter- chief caerks.
\y by warrant drawn by the Lieutenant Governor
or Administrator of the Government for the
time being, on the treasury in the usual manner.
And each of the said assistant clerA:s shall be Salary of as-
paid the sum of not less than one hundred dol- ^istantcierks
lars, nor more than three hundred dollars, per
annum, as may be fixed by the Lieutenant Go-
vernor in Council.

XVI. Immediately after each sitting or term ^^^^ ^f ^^
in the circuits, the assistant clerk of such circuit sistaiit clerk
shall transmit, by post to the chief clerk of the m^nt^of""
county, the originals of all writs, papers, orders. Court
rules, judgments and documents whatsoever in
all causes, matters or things, tried or disposed of
in said court, provided he shall keep in his own
office certified copies of all such documents before copies of
transmitting the same to the chief clerk, and the documents
same shall be free of postage when franked by to^be m^
the officers transmitting the same. and kept.

XVII. The chief clerk of each county shall Official seal
provide an official seal for the said court in each qJ^^^^^
of the said circuits, and necessary books for the
records of the said courts, which shall be ap-
proved by the Judge, and paid for by the Go-
vernment, on the order of the Judge of the
county court of such county.



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:22



Cap. 3.



36th VICTORIA,



1873



Limitationof XVIII. The courts shall not have cognizance

nizawe by^^ of any action : First, where the title of land, is

the County hrpught in question ; or second, in which the

^"^^' validity of any devise, bequest or limitation is

disputed ; or third, criminal conversation or

seduction ; or fourth, for breach of promise of

marriage ; or fifth, of any action against a Justice

of the Peace for anything done by him in the

execution of his office.

^?L^dicuin XIX. Subject to the exceptions in the last
jun ic on. pj.^^gj^jjg section, the County Courts shall have
jurisdiction in all personal actions of debt, cove-
nant, assumpsit and tort, when the debt oi; dam-
Limitation ages claimed do not exceed the sum of one bun-
as to anaount (j^ed and fifty dollars, and in actions on *bail
bonds given to a sheriff in any case in a county
court, whatever may be the penalty or amount
sought to be recovered.

Appointment XX. The Judge of each of the said county

of persons, to j. i n • . i • • t ^ •

take affidav- courts shall appoint, by commission, under his
' ^^^' hand and the seal of his court, a sufficient num-

ber of persons resident in the county, to take
affidavits to be read and used in the said
courts.



'Mode of re-
moval of
' cause to
some other
' County for
more conve-
nient hear-
ing, &c.

Duty of
» chief clerk
dn such case.



XXI. If a judge shall be satisfied by either
party in a cause in his court, that such cause can
be more conveniently or fairly tried in some
other county court, he shall order that the cause
be- sent for hearing to such other county court
as he may appoint, and the chief clerk or assist-
ant clerk of the court shall forthwith transmit,
by post, to the chief clerk of the court to which
the cause is so sent, all papers, writs and proceed-
ings in the cause, on file in his office, and a cer-
tified copy of the order for changing the hearing,
which cause shall be dealt with in such court as
if originally brought therein.



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1873 36th VICTORIA. Cap. 3 23 >



XXII. All non-bailable mesne process and Service of

- - - - "^ non-bailr'-'

process.



writs of subpoenas shall be directed to the party "^"-^^^labie
to be served therewith respectively, and shall be
of the forms set forth in the schedules (B) and (C)
respectively to this Act, and may be served by
any person, and the fees and mileage for serving
the same shall be similar to those now allowed by
the Small Debt Act ; and all other writs or other writs
processes shall be directed to the sheriff of the \^ ^^ direct-
county in which the defendant resides, whose ecuted by
duty it shall be to execute the same, and the fees ^^^^ Sheriff oi
and mileage for executing the same shall be ' ^'
similar to those now allowed by the Supreme Fees of
Court but no poundage shall be allowed. Sheriff.

XXIII. All summonses and mesne processes to Time limited
be served upon any person or persons out of the for service of
said courts, respectively, shall be served at least ^^^^®''^**'
eight clear days before the return day named
therein, and the first process in any suit shall be
made returnable on the first day of the sitting
or term to which the same shall be made return-
able.

XXIV In all cases where the party may be Affidavit to
held to bail, the plaintiff or his agent shall make t^^^d tobaii...
affidavit of the debt before the Judge of the
court or clerk or assistant clerk, or a commission-
er authorized to take affidavits in said county
court, and the amount sworn to shall be endorsed Endorse- -'
on the writ or process, and the sheriff shall ^^^^ <>» writ.
arrest the defendant thereunder, and commit swowfto.^.
him to jail, unless he shall give a bond, with
two responsible persons, form (D), to the satis-
faction of the sheriflf, in double the amount ofg^-j^^^j^
the sum sworn to, conditioned for the payment
of the sum sworn to, with costs on judgment
recovered, or upon making a deposit with the
sherijff of the sum sworn to, with ten dollars for
costs, and the bond shall be assigned to the plainr



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24



Cap. 3.



36th VICTORIA.



187a;



Assigninent
of bail bond.



Bender of
defendant.

Notice of
render..

New bail
bond in case
of render.



Discharo^e of
defendant in
certain case.
Action
against sher-
iff for taking
insufficient
bail.

Sheriff in-
demnified by
Judge's or •
der.

Action
against bail
— where de-
fendant is-
*' not found"



Bail may
render prin-
cipal within
15 days.



BeUefof
Sheriff in
such case.



Bules and
orders, how
enforced.



tijff, on request, «and shall stand as security for
the debt «and costs to be recovered in said action ;
but the defendant or his bail may be discharged
from the bond upon the render of the defendant
to the custody of the sheriff of any county, and
notice thereof given to the plaintiff or Kis attor-
ney : and in case of render before final judg-


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Online LibraryPrince Edward IslandThe acts of the General Assembly of Prince Edward Island → online text (page 2 of 23)