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Government; and if no goods and chattels can be found whereon to levy, then the said offender shall be imprisoned for a term not exceeding sixty days.

CAP. XIX.

An Act to continue an ad valorem duty on all goods, wares Expired. and merchandise imported into this Island, with certain exceptions.

CAP. XX.

An Act to continue for one year an Act levying a duty on Expired. tobacco and tea.

CAP. XXI.

An Act for continuing for one year an Act imposing an ad- Expired. ditional duty on wines and spirituous liquors.

CAP. XXII.

An Act for levying a light duty on all vessels clearing out at Expired. any of the custom houses in this Island.

CAP. XXIII.

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

ANNO QUINTO

GULIELMI IV. REGIS.

1835.

At the General Assembly of His Majesty's Island of PRINCE EDWARD, begun and holden at CHARLOTTETOWN, the twenty- A. W. YOUNG, sixth day of January, Anno Domini 1835, in the fifth year Lt. Governor. of the Reign of our Sovereign Lord WILLIAM the Fourth, E. J. JARVIS, by the Grace of God, of the United Kingdom of Great Britain and Ireland, King, Defender of the Faith: Being the first session of the fourteenth General Assembly convened in the said Island.

President.

G. DALRYMPLE,
Speaker.

CAP. I.

An Act for vacating the seats of Members of the Assembly, in Repealed by certain cases therein mentioned.

7 W. 4, c. 12.

CAP. II.

An Act for the more effectual punishment of offenders, by enabling the Supreme Court to add hard labor to the sentence of imprisonment.

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CAP. III.

Repealed by

12 Vic. c. 16.

An Act to explain and amend the Act relating to trespasses.

CAP. IV.

Bee 59 G.3, c. 4, and 9 G. 4, c. 6.

10 G. 4, c. 14.

In civil causes in Supreme Court wherein

An Act authorizing Commissions to be issued for taking the depositions of witnesses out of this Island, in cases where judgment hath been marked by default.

WHEREAS an Act made and passed in the tenth year of the reign of his late Majesty King George the Fourth, intituled "An Act to amend an Act intituled An Act to render perpetual an Act intituled 'An Act to enable the Justices of the Supreme Court of Judicature to issue commissions for examining witnesses out of this Island;" will expire at the end of the present session of the General Assembly and whereas it is necessary to authorize the issue of commissions to take the depositions of witnesses residing out of this Island, in cases wherein judgment hath been marked by defaultBe it therefore enacted, by the Lieutenant Governor, Council and Assembly, That in all civil causes which may hereafter be depending in the Supreme Court of Judicature, and in which Judgment shall have been marked by default, it shall and may be lawful for the said Court, or for any one of the Justices of the said Court in vacation, upon application, and upon sufficient cause being shown, by affidavit made by or on behalf of the party desiring the same, to authorize the issuing of a commission under the seal of the said Court, for the examination of any witness or witnesses residing out of this Island; and the depositions of such witness or witnesses to be taken under such commission, shall have the same force and effect, and the depositions of proceedings under such commissions shall be regulated in like manner, as if issue had been joined in any of such causes.

judgment shall

have been

marked by de

fault, the Court

in vacation, may authorize

a Commission

. to issue.

Effect of

witnesses.

CAP. V.

Amended by 17

Vic. c. 16 and An Act concerning the property of the Methodist Society at

22 Vic. c. 16.

Charlottetown.

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

CAP. VI.

Amended by 6

6. 6, and 14 Vic.

Vic c. 19,8 Vic. An Act relating to distress for rent, and to regulate the practice of the Supreme Court in cases of replevin.

.. 13.

BE

E it enacted, by the Lieutenant Governor, Council and
Assembly, That in all cases of distress that may be here-

Goods or chat

be sold within

a

for rent, not to less period than 20 days. Proviso.

Owner may

have goods re

turned on exocuting a war

after made for any rent in arrear, no goods or chattels so distrained shall be sold towards satisfaction of the rent in arrear tels distrained within a less period or time than twenty days from the day of distraining, including the day of distress and the day of sale -any law, usage or custom to the contrary thereof notwithstanding: provided always, that the owner or owners of any goods or chattels so distrained, or some person on his or their behalf, do and shall, within two days after any such distress shall be made, enter into a warrant of attorney, with two responsible sureties, payable to the lessor or landlord who shall rant of attor cause such distress to be made, and in double the value of the ney. goods and chattels so distrained, (such value to be ascertained Requisites of in like manner as is hereinafter prescribed for taking replevin warrant of atbonds); and which warrant of attorney shall be with a de- torney. feasance for the due return and forthcoming of the goods and Defeasance of chattels distrained, or the appraised value thereof, on the day torney. of sale; and the goods and chattels so distrained shall be forthwith returned to the owner or owners thereof.

warrant of at

If goods, &c.,
value thereof,
or appraised
shall not be
forthcoming or
paid at the day
of sale, or if
replevied, les-
sor or landlord-
may enter up
warrant of at-

the same be not

judgment on

II. And be it further enacted, That if the goods and chattels so distrained and delivered back to the owner or own ers as aforesaid, or the appraised value thereof, or of such part thereof as may have been sold by the tenant, with the chattels unsold, shall not be forthcoming and paid on the day appointed for the sale thereof; or that such tenant shall not have replevied the distress at the day appointed for the sale thereof; in any such case, it shall and may be lawful for the lessor or landlord afterwards to enter up judgment on such warrant of attorney, and sue out execution thereon to the amount of the torney, &c. appraised value of the distress (if not exceeding the rent or balance of rent due), with costs; and the goods and chattels distrained shall be first sold under the said execution, or such part thereof as may be forthcoming to be levied on, before ceeding under any execution shall be executed on the persons or property of execution. the sureties, or either of them; and the person who makes the distress may take such warrant of attorney, and shall be entitled to a fee of five shillings for the same, and no more.

III. And be it further enacted, That in case any tenant or tenants, lessee or lessees, for life or lives, term of years, at will, sufferance or otherwise, of any messuage, lands, tenements or hereditaments, upon the demise or holding whereof any rent is or shall be reserved, due or made payable, shall fraudulently or clandestinely convey away or carry off from such premises, his, her or their goods or chattels, to prevent the landlord or lessor, landlords or lessors, from distraining the same for arrears of rent so reserved, due and made payable, it shall and may be lawful to and for every such landlord or lessor, landlords or

* Extended to four days by 14 Vic., c. 13, 8. 11.

Amount to be levied.

Mode of pro

Fee for taking

warrant of attorney.

Tenant or lessee fraudulently or clandestinely conveying

away goods, &c. end of within 30 days

Landlord or

thereafter, dis train the same

wherever

found, and tenant or lessee to

forfeit 1 year's

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