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tion of Act of

III. And be it enacted, That the third section of the said Repeals 3d secherein before recited Act shall be, and the same is hereby repealed.

11 Vic., c. 7.

CAP. VIII.

An Act for the better preventing accidents by fire within
Charlottetown.

This Act has been repealed by virtue of a law of the City Council of Charlottetown, passed under the powers vested in said Corporation by the Act 18 Vic. cap. 34, sec. 37.

CAP. IX.

An Act to consolidate, amend and reduce into one Act, all Amended by the Acts of the General Assembly of this. Island, relating 20 Vic., c. 3. to the establishment of terms of the Supreme Court of

Judicature.

E it enacted, by the Lieutenant Governor, Council and

BE

Assembly, that an Act passed in the thirteenth year of Repeals recited the reign of His Majesty King George the Third, intituled Acts. "An Act for establishing the times and places of holding the Supreme Court of Judicature;" and an Act passed in the twenty-sixth year of the reign of His Majesty King George the Third, intituled "An Act in addition to, and amendment of an Act made and passed in the thirteenth year of His present Majesty's reign, intituled 'An Act for establishing the times and places of holding the Supreme Court of Judicature;"" and an Act passed in the thirty-fifth year of the reign of His Majesty King George the Third, intituled "An Act to alter and amend an Act made and passed in the twenty-sixth year of His present Majesty's reign, intituled 'An Act in addition to, and amendment of an Act made and passed in the thirteenth year of His present Majesty's reign, intituled An Act for establishing the times and places of holding the Supreme Court of Judicature;' and an Act passed in the fifty-ninth year of the reign of His Majesty King George the Third, intituled "An Act to limit the duration of the terms of the Supreme Court of Judicature, and for other purposes therein mentioned;" and an Act passed in the third year of the reign of His late Majesty King William the Fourth, intituled "An Act to regulate and establish the stated times and places for holding the Supreme Court in King's and Prince Counties, and to constitute the Michaelmas Term of the said Court in Queen's County, a term for the trial of issues for a limited

Appoints the several periods for holding

Supreme Court
Prince & King's

in Queen's,

Counties.

Defines the

length of each term of Su

preme Court in the respective

Counties.

period;" and an Act passed in the first year of the reign of Her present Majesty, intituled "An Act to amend an Act intituled An Act to regulate and establish the stated times and places for holding the Supreme Court in King's and Prince Counties, and to constitute the Michaelmas Term of the said Court in Queen's County, a term for the trial of issues for a limited period;'" and the eighth section of an Act, passed in the fifth year of the reign of her present Majesty, 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;" and also an Act passed in the seventh year of the reign of her present Majesty, intituled "An Act to establish an additional term of the Supreme Court, and to extend the Hilary and Trinity Terms for Queen's County," be, and the same are hereby respectively repealed.

II. And be it enacted, That from and after the passing of this Act, the several terms of Her Majesty's Supreme Court of Judicature now established, and appointed to be held annually in Charlottetown, in Queen's County, within this Island, and distinguished and known by the respective names of Hilary term, Easter term, Trinity term and Michaelmas term, shall, as heretofore, be, and continue to be, distinguished and known by the said names of Hilary term, Easter term, Trinity term and Michaelmas term, respectively; and that the several terms of the said Court now established, and appointed to be annually held at Saint Eleanor's, in Prince County, in this Island, and distinguished and known by the names of June term and October term, shall, as heretofore, be, and continue to be distinguished and known by the said names of June term and October term, respectively; and that the several terms of the said Court now established, and appointed to be annually held at Georgetown, in King's County, in this Island, and distinguished and known by the names of March term, and July term, shall, as heretofore, be, and continue to be distinguished and known by the said names of March term and July term, respectively.

III. And be it enacted, That the said several terms of the said Supreme Court so established, and appointed to be holden in the several Counties within this Island, shall commence, be held, and continue upon, and for and during the days and times in the several Counties hereinafter mentioned, in each and every year, that is to say: at Charlottetown, in Queen's County, Hilary term shall commence and be held on the first Tuesday in January, and continue and endure for the space of fourteen days, and no longer; Easter term shall commence and be held on the first Tuesday in May, and continue and endure for the space of seven days, and no longer; Trinity

term shall commence and be held on the last Tuesday in June, and continue and endure for the space of fourteen days, and no longer; Michaelmas term shall commence and be held on the last Tuesday in October, and shall continue and endure for the space of seven days, and no longer; at Georgetown, in King's County, March term shall commence and be held on the second Tuesday in March; and July term shall commence and be held on the third Tuesday in July, and each of the said terms respectively shall continue and endure for the space of seven days, and no longer; at Saint Eleanor's, in Prince County, June term shall commence and be held on the first Tuesday in June; and October term shall commence and be held on the first Tuesday in October, and each of the said terms respectively shall continue and endure for the space of seven days, and no longer.

IV. And be it enacted, That all writs, pleas, processes, All writs, pleas, actions, suits, declarations, bills, indictments, informations, &c., to be valid. judgments and decrees, which shall hereafter be sued out, prosecuted, rendered or given, in the said Supreme Court of Judicature, shall be good and valid in law, to all intents and

purposes whatsoever; provided always, that this Act shall not Saving clause be construed to extend to take away or rectify errors in the to suitors. misusing of process, mispleading and erroneous rendering of judgments in point of law, but in all such cases, the parties aggrieved shall and may have their writ or writs of error upon such erroneous judgments.

V. And be it enacted, That every juridical day, during Return days the said terms, shall be a return day for all writs and processes for writs, &c. awarded by the said Court.

issuable terms

for Queen's County.

VI. And be it enacted, That two of the terms hereinbefore Hilary and established, and directed to be held in Charlottetown, in Trinity terms Queen's County, namely, Hilary and Trinity terms, shall be to be the only holden to be the only issuable terms of the said Supreme Court in the said County, and that no Jury shall be summoned, nor any trial by jury, in any record cause whatsoever, take place during any other terms of the said Supreme Court, to be holden in Queen's County aforesaid: provided always, that this Act Not to prevent shall not extend to prevent the trials of actions in a summary trial of sumway, in any of the said terms, agreeably to the provisions of mary actions an Act passed in the twenty-sixth year of the reign of His 26 G. 3, c. 13. Majesty King George the Third, intituled "An Act for the trial of actions in a summary way."

VII. And be it enacted, That it shall and may be lawful for the said Supreme Court to appoint any day or days, within fourteen days after the end of Hilary and Trinity terms respectively, for Queen's County, for the hearing of arguments,

under Act of

Court may apafter Hilary and Trinity

point days

terms, for

to hear arguments, &c.

or doing any other matter or thing pertaining to the business Queen's County of the said Court, in which a jury shall not be required, and the said days so to be appointed shall be deemed and taken as part of, and belonging to, the immediately preceding term; and writs may be made returnable on any of the said last mentioned fourteen days.

Court at certain terms, may hear

and determine

law points.

No trial by ju

ry to take place after first ten days of Hilary

and Trinity terms in

VIII. And be it enacted, That it shall be lawful for the said Court, during the terms of Easter and Michaelmas, or during the extension of Hilary and Trinity Terms, to hear and determine any matter or thing upon points of law, reserved or relating to any suit or suits then pending in the Courts held for King's County and Prince County respectively.

IX. And be it enacted, That no trial by jury shall take place in either of the said terms of Hilary and Trinity, after the expiration of the first ten days from the commencement of the said respective terms: provided nevertheless, that in all cases where it shall so happen that jurors shall be empannelQueen's County led for the trial of a cause during the time herein limited, for the attendance of jurors at the several terms of the said Supreme Court, and the said limited time shall expire before the jury so empanelled can decide upon and return their verdict, the said verdict so given shall, notwithstanding, be deemed to be good and valid in law, in all respects, as fully as if the same had been returned and recorded within the time hereinbefore limited for the attendance of jurors.

&c. authorized

to fill up any

vacancy occur

X. And be it enacted, That the Prothonotary and Clerk Prothonotary, of the Crown shall be, and he is hereby required, upon the death, absence, or removal from office of any deputy or deputies, now, or hereafter to be by him appointed for King's County or Prince County, respectively, to appoint another or other good and sufficient deputy or deputies for the said Counties respectively, residing within the limits of their respective Counties.

&c. of any of his deputies.

ty Prothonotary for King's and Prince Counties.

XI. And be it enacted, That the deputy Prothonotaries Power of depu- for the respective Counties of King's County and Prince County for the time being, shall have power to sign and seal such writs as may be purchased out of the said Courts, under and subject to such rules and regulations respecting the issuing and return of such writs as the said Court may, from time to time, make relating thereto.

Return days for writs in King's

and Prince Counties after term.

XII. And be it enacted, That at and after each term of the said Supreme Court, to be held at King's and Prince Counties, upon the days and times hereinbefore directed and appointed, there shall be twenty successive days allowed for return of writs solely, including the first day of each term, and exclusive of Sundays, any thing in this Act to the contrary notwithstanding.

Grand Jurors

Prince Counties of constables and fence

to prepare lists

XIII. And be it enacted, That the grand jurors who shall be summoned to attend the March term of the said Supreme for King's and Court in King's County, and the June term of the said Court in Prince County respectively, shall, and they are hereby authorized to prepare lists of fit and proper persons to fill the offices of constables and fence viewers, for each of the said Counties respectively, and the said Courts are hereby authorized to choose from the said lists fit and proper persons to fill the said offices, in the same way and manner as heretofore used for Queen's County.

XIV. And be it enacted, That all petit jurors shall be summoned to attend each of the said respective Courts, on the first day of each term, and that such petit jurors shall attend in Hilary and Trinity terms for Queen's County, for such time as they may be required, not exceeding nine days in each term; and in each of the respective terms to be held in King's County and Prince County for such time as they may be required, not exceeding six days, exclusive of Sundays, any law, usage, or custom to the contrary notwithstanding.

* Altered to the second day, as far as relates to Hilary and Trinity terms in Queen's County, by 20 Vic. c. 3, sec. 1.

viewers.

When petit jurors are to be how long to at

summoned, and

tend.

Repealed by 19
Vic. c. 1.

CAP. X.

An Act for raising a revenue.

CAP. XI.

An Act relating to statute labor, for Charlottetown, its Common and Royalty, and also to nuisances in and about the

same.

So much of this Act as relates to the Royalty and Common of Charlottetown is repealed by the 16th Vic. c. 7, and so much thereof as relates to Charlottetown is repealed by virtue of a law passed by the City Council of said City under the powers vested in them by the 18th Vic. c. 34, sec. 37.

CAP. XII.

An Act to consolidate and amend the several Acts relating to prison discipline and hard labor, and to repeal certain Acts

therein mentioned.

BE it enacted, by the Lieutenant Governor, Council and
Assembly, That from and after the passing of this Act,

See 17 Vic. c.13.

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