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Detaining cre

ditor may discharge debtor,

without losing benefit of the

judgment upon

which execution issued.

of creditor may

consent to the

discharge of

XII. And whereas it is expedient that creditors should have power to discharge debtors, without losing the benefit of judgments obtained against such debtors: Be it enacted, That it shall and may be lawful for any creditor or creditors, at whose suit any debtor or debtors is, or are, or shall be in prison, and taken or charged in execution for any sum of money, by writing, signed by such creditor or creditors, or by one of them, for or on behalf of himself or herself, and the others of them, (being complainants in the same action,) or by his, her or their attorney, to signify or declare his, her, or their consent to the discharge of such debtor or debtors from the prison in which he, she or they is, are, or shall be confined in execution, at the suit of such creditor or creditors, without losing the benefit of the judgment upon which such execution issued, except as is hereinafter provided; and that notwithstanding the discharge of any debtor or debtors, in pursuance of such consent as aforesaid, the judgment upon which such debtor or debtors was or were taken or charged in execution, shall continue and remain in full force, to all intents and purposes, except as is hereinafter provided; and it shall be lawful for such creditor or creditors, at any time, to take out execution on any such judgment against the lands, tenements, hereditaments, goods and chattels of such debtor or debtors, or any of them, (other than except the necessary apparel and bedding of him, her or them, or his, her or their families, and the necessary tools of his, her, or their trade or occupation, not exceeding the value of fifteen pounds in the whole,) or to bring any action or actions on every such judgment, or to bring any action, or to use any remedy for the recovery of his, her or their demands, against any other person or persons liable to satisfy the same in such and the same manner as such creditor or creditors could or might have had or done, in case such debtor or debtors had never been taken or charged in execution upon such judgment: provided always, that no debtor or debtors who shall be discharged in pursuance of this Act, shall, at any time afterwards, be charged or taken in execution, or convicted upon any judgment herein before declared; to continue and remain in full force, or in any action which may be brought on any such judgment, and that no proceeding by scire facias action or otherwise, shall be had against any bail in the action on which such judgment was obtained.

XIII. And be it enacted, That the executors and adminExecutors, &c., istrators of any such creditor as aforesaid, shall and may consent to the discharge of any debtor or debtors to their testadebtor with the tor or intestate, in such and the same manner, and with the same advantages and consequences, in all respects, as such creditors, if living, might or could have done in pursuance of this Act; and such executors and administrators respectively

same advan

tages.

shall not, by reason of any such discharge, in pursuance of this Act, be deemed guilty of devastavit, or be chargeable with the debt due from the person or persons so discharged.

XIV. And be it enacted, That every sheriff, jailer or keeper, in whose prison, jail or custody any debtor or debtors is, are, or shall be confined or detained in execution, shall, and every of them is hereby required, within twenty-four hours next after such consent in writing of any creditor or creditors, his, her, or their attorney, or executors, or administrators, as is hereinbefore mentioned, shall have been produced to, and left with such sheriff, jailer, or keeper, or his deputy or agent, at such prison or jail; (the handwriting or mark of such creditor or creditors, his, her, or their executors or administrators, or the handwriting of his, her, or their attorney to such consent in writing, being duly proved by affidavit of some credible person to be thereunto annexed, and to be sworn before one of the Judges or Commissioners aforesaid, or before the said Supreme Court, or a Commissioner duly authorized to take affidavits in the County where such debtor or debtors shall be confined,) to discharge and set at liberty the debtor or debtors, to whose discharge such consent shall be signified or declared as aforesaid, if he, she or they are in custody, only upon the execution issued at the suit of the creditor or creditors signifying such consent.

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execution to be

ding of debtor, shall not exceed £15 in

if the same

value.

XV. And be it enacted, That in all cases where a writ No writ of fieri of fieri facias or statute execution shall be issued upon any facias or statute judgment obtained, or to be obtained in the said Supreme levied on apCourt, it shall not be lawful for the Sheriff or other officer parel or bedexecuting such writ, to seize or levy upon the necessary apparel and bedding of the debtor or debtors against whom such judgment shall be obtained, or of his, her, or their family or families, or the necessary tools of his, her, or their trade or occupation, in satisfaction of such judgment: provided always, that such apparel, bedding and tools so to be exempted from being seized or levied upon as aforesaid, shall not exceed the value of fifteen pounds in the whole, to any one debtor, which value shall be ascertained by the oath of three disinterested freeholders or leaseholders in the County, to be appointed by such Sheriff or other officer to appraise the same; which oath the said Sheriff or other officer is hereby authorized and empowered to administer.

XVI. And whereas it is expedient, in certain cases, to authorize and empower the Supreme Court of Judicature of this Island to grant relief to, or discharge confined debtors who, by the strict provisions of the foregoing sections of this Act, may not be entitled to the benefit thereof: Be it therefore enacted, That when any person shall have been confined in any confined in jail

Any person

or limits for three months, may apply to

for relief or discharge.

jail or limits thereof in this Island for the space of three months, at the suit of any person, for either debt, costs, or damages, Supreme Court such confined person may apply to the said Supreme Court, in term, on affidavit of the circumstances, for relief or discharge; which said Court, on notice having been given of such application to the adverse party, or his attorney, may enquire into the matter, on affidavit, or otherwise; and if it shall thereupon appear to said Court, that the person so confined has no property whatever, real or personal, within his possession, power, or control, wherewith he can satisfy such demand, or any part thereof, or support himself in custody, such Court may, in its discretion, make an order either for the maintenance or discharge of such person so confined, in the same manner as any Judges of such Court, or any of the Commis sioners aforesaid, may now do by virtue of this Act, and which order or discharge shall, in all respects, have the like force and effect, as any order or discharge made by any Judges or Commissioners pursuant to the foregoing directions of this

False oath, un

der this Act, to

be perjury, and punishable accordingly.

Indemnifies all persons against any action, &c.

Commissioners'

fees.

This Act is not to interfere

Act.

XVII. And be it enacted, That every person who shall be convicted of making or taking a false oath to any of the matters hereinbefore described or required to be sworn to, shall be deemed guilty of perjury, and shall be liable to all the pains and penalties to which persons are liable for wilful and corrupt perjury.

XVIII. And be it enacted, That in case any confined person may have been discharged, in consequence of the weekly support, ordered agreeably to the provisions of this Act, not having been paid, or after three months' confinement agreeably to this Act, all persons whosoever shall be indemnified, and are hereby freed and discharged against and from all suits, actions, prosecutions, informations, or judgments whatsoever, that may be had, moved, prosecuted, or adjudged against them, or any of them, for or by reason, or on account of such person having been discharged as aforesaid.

XIX. And be it enacted, That there shall be paid to each of the said Commissioners, by the party applying to them for any order, the following fees, and no more, for any matters done under the authority of this Act:

For each mile necessarily travelled, to attend any hearing. inquiry, or examination required by this Act, six pence. For every order made, two shillings.

XX. Provided always, and be it enacted, That this Act shall not affect, or be construed to affect, any proceedings with any pro- heretofore had, or now pending in the Supreme Court of this Island, or before any Commissioners appointed under the au

ceedings had

thority of any of the above recited Acts hereby repealed, in relation to any application or petition for relief under any of the said Acts, at the instance of any person or persons confined within any jail, or the limits thereof, in this Island; and in case any such proceedings shall be now pending, or any order for relief, or a weekly allowance shall have been made under which the confined person or persons shall be receiving the benefit thereof, at the time of the passing of this Act, such order, or other proceedings shall not be abrogated, or in any manner affected by this Act, and the same shall stand, and be continued and maintained until the final end and determination thereof, in accordance with the provisions of the above recited Acts, and the said confined person or persons, as well as the detaining creditor or creditors, and the plaintiff or plaintiffs generally, in all cases in which relief may have been granted under any of the said recited Acts, to the respective defendant or defendants at any time heretofore confined at his, her, or their suit, shall be entitled to the full benefit of all the provisions of the said Acts, in all respects, as if this Act had not been passed.

or pending under the authorthe Acts hereby repealed.

ity of any of

CAP. III.

An Act to commute the Crown revenues of Prince Edward Island and to provide for the civil list thereof, as well as for certain compensations therein mentioned.

WHEREAS on the thirty-first day of March, in the year

that part of the civil list of Prince Edward Island, which had previously been borne and paid by the Imperial Government, ceased to be so paid, and the House of Assembly of the said Island, by an Act passed on the twenty-sixth day of March, one thousand eight hundred and fifty, agreed to make provision for the payment thereof, provided the quit rents, crown lands, and permanent revenues belonging to the Crown in Prince Edward Island aforesaid, were surrendered and placed at the disposal of the Legislature thereof, and all the moneys arising therefrom paid into the treasury of this Island, and that a system of responsible government, similar to that now in force in the provinces of Canada, New Brunswick, and Nova Scotia, should be granted to, and established in this Island and whereas, by a despatch from Earl Grey, Her Majesty's principal Secretary of State for the Colonies, to his Excellency Sir Alexander Bannerman, the Lieutenant Governor of this Island, bearing date the thirty-first day of January, one thousand eight hundred and fifty-one, the introduction of responsible government and the surrender of the Crown lands

Amended by 15

Vic. c. 7, and

see 18 Vic., c.

19, and 23 Vic. c. 39.

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£400 to any fu

the Rolls, &c.

and permanent revenues belonging to the Crown in this Island, is sanctioned, provided the Legislature thereof agree to and pass a civil list Bill, embodying, among other things, a fair provision for the present Attorney General and Colonial Secretary, on their retirement from office: Be it therefore enacted, by the Lieutenant Governor, Council and Assembly, That towards making an adequate and permanent provision, according the means and ability of the people of this Island, for the support and maintenance of the principal officers of the civil and judicial establishments necessary to be maintained in this Colony, there shall be granted and paid to Her Majesty, her heirs and successors, out of the public moneys which from time to time shall be raised and levied, and be in the Treasury of this Island, yearly and every year, such sum or sums of money as will suffice to pay unto the several and respective persons who now hold or possess, or hereafter shall hold or possess the several offices and appointments in this Island hereinafter mentioned, or execute the duties thereof, the several salaries and allowances following, that is to say:

Unto the present Chief Justice of Her Majesty's Supreme Court of Judicature of this Island, the sum of seven hundred pounds, of lawful current money of this Island, per annum, for the salary of that office, during his incumbency.

Unto any person who shall, after the death, resignation, or removal from office of the present Chief Justice, be appointed Chief Justice, for the time being, of Her Majesty's said Supreme Court of this Island, the sum of six hundred pounds, of lawful current money, as aforesaid, per annum, for the salary of that office.

Unto the present Master of the Rolls in the Court of Chancery, and Assistant Judge of the Supreme Court of Judicature of this Island, the sum of five hundred pounds, of lawful current money as aforesaid, per annum, as and for the salary of

that office.

Unto the person who, after the resignation, death, or remoture Master of val from office, of the present Master of the Rolls in Chancery, and Assistant Judge of the Supreme Court of Judicature of this Island, shall be appointed to that office, and to his successors in office, the sum of four hundred pounds, of lawful current money as aforesaid, per annum, as and for the salary of that office.

ney General.

Unto the present or any future Attorney General of this £150 to Attor- Island, as and for the salary of that Office, the sum of one hundred and fifty pounds, of lawful current money as afore said, per annum, the same to be over and above all fees and allowances now, or at the time of the passing of this Act, allowed by law to the said officer.*

* So much of this enactment as relates to fees and allowances over and above the sum of £150, is repealed by 16 Vic. c. 3, sec. 6.

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