ral issue, and give the special matter in evidence, and if the plaintiff shall become nonsuited, or shall discontinue the action, or if, upon a verdict or demurrer, judgment shall be given against the plaintiff, the defendant shall receive treble costs, and have such a remedy for the same as any defendant can have in other cases, where costs are given by law. VI. And be it further enacted, That nothing in this Act Suspending contained shall have any force or effect, until Her Majesty's clause. pleasure therein shall be known. This Act received the royal assent, and notification thereof was published in the Royal Gazette newspaper of this Island, on the 30th day of October, 1849. CAP. XXIII. An Act to enlarge the provisions of the Act to provide for reprinting the laws of this Island. WHEREAS it would tend much to the saving of expense 11 Vie. c. 32 Enlarges and power of Commissioners appointed under Act of 11 Vic. c. 32, for re printing laws. if the Commissioners appointed under the Act to pro- regulates the vide for reprinting the laws of this Island, were authorized to leave out of the new edition of the laws all Acts whatsoever which have expired, or have been executed or repealed, provision being made for the safe keeping of all Acts now in print, under which the title to lands may in any manner have been derived: Be it therefore enacted, by the Lieutenant Governor, Council, and Assembly, That it shall be the duty of the Commissioners now or hereafter to be appointed under the Act of the General Assembly of this Island, made and passed in the eleventh year of the reign of her present Majesty, intituled "An Act to provide for reprinting the laws of this Island," to leave out of the several volumes of the laws to be printed under the provisions of the said Act, all Acts whatsoever which have been repealed, or have expired, as well as all Acts the provisions of which have been executed, whether the title to lands, tenements or hereditaments may have been derived under the provisions of any such Acts or not; any thing in the fourth section of the above recited Act to the contrary notwithstanding provided always, and it shall be the duty of the said Commissioners, besides inserting the titles of all such Acts in their proper order, in all cases where it shall appear to the said Commissioners that the provisions of any such Acts may affect titles to lands, tenements, or hereditaments, to signify the same by way of marginal note thereto. II. And be it enacted, That all and every Act and Acts of Certain Acts the General Assembly of the said Island heretofore published not published by the authority of the Government of this Island, that is to in full in new say, all the Acts contained in the volume of the laws printed edition of laws to be, neverthe less, legal evidence. Duty of Commissioners in depositing certain laws in public offices. Memorandum to be subscribed thereon by Commissioners. at Charlottetown by the government printer, in the year one thousand eight hundred and thirty-four; and all Acts passed since the year one thousand eight hundred and thirtyfour down to the session of one thousand eight hundred and forty-eight, inclusive, and printed annually by the Queen's Printer, at Charlottetown, which shall not be printed in full in the new edition of the laws, and by which the title to lands, tenements or hereditaments, may be affected, shall, and they are hereby declared to be legal evidence in all Courts of law or equity, or Courts of record in this Island, in all cases where the titles to lands, tenements or hereditaments, derived, or supposed to be derived, under any of their provisions, shall be in question or dispute, or where the same, by reason of any such Act or Acts may, in any manner be affected. III. And be it enacted, That for the purpose of insuring the preservation of the said laws heretofore published, it shall be a further duty of the said Commissioners, and they are hereby required, within six months after the passing of this Act, to deposit in the office of the Registrar of deeds, and the several offices of the Prothonotary of the Supreme Court, and of his deputies, in the several Counties of this Island, a full copy of the laws of this Island heretofore published as aforesaid, being the volume printed in the year one thousand eight hundred and thirty-four, and the several Acts passed since that year to the session of one thousand eight hundred and forty-eight, inclusive, and published annually by the Queen's Printer, as hereinbefore mentioned; which Acts shall be kept in the said offices as records, and for the purposes of reference in all time to come, so far as relates to such of the said Acts as shall not be published in full in the said new edition of the laws, and by which the title to lands, tenements, or hereditaments may be affected, which said several copies shall contain a memorandum to the following effect, subscribed with the names of the said Commissioners for the time being, in their proper handwriting, that is to say: PRINCE EDWARD ISLAND. Filed in the office of day of this CAP. XXIV. An Act to regulate the specie currency of Prince Edward See 17 Vie. c. 6. Island. WHEREAS it is deemed expedient, that certain coins now coins are to be in circulation in this Island should have their respective values or rates at which they shall pass current and be a legal tender, defined by law; Be it therefore enacted, by the Lieuten- Regulates the ant Governor, Council and Assembly, That on, and from and rate at which after the publication in the Royal Gazette of this Island of certain gold Her Majesty's assent to this Bill, the British gold coin called current. a sovereign, being of full weight, and the foreign gold coin called a doubloon, being of not less weight than four hundred and fifteen grains, and the gold coin of the United States of America called an eagle, being of not less weight than two hundred and fifty-eight grains, shall and may, respectively, be received, paid, and legally tendered to the Treasurer of this Island, or other public officers, or by or to any body politic or corporate, person or persons whomsoever, in payment, satisfaction, or discharge of any debts, sums of money, duties, obligations, liabilities, or demands whatsoever, already contracted, or hereafter to be contracted, at and after the rates respectively following, save and except as is hereinafter excepted, that is to say the sovereign at the rate of thirty shillings, or one pound and ten shillings; the doubloon at the rate of ninetysix shillings, or four pounds and sixteen shillings; and the eagle at the rate of sixty shillings, or three pounds; and the several subdivisions or aliquot parts of these coins, at and after the same rates and in the same proportions as such respective subdivisions bear to the sovereign, doubloon, or eagle, respectively, of which they are such equal parts. II. And be it enacted, That all British silver coins shall and may, in like manner, be respectively received, paid, and legally tendered in payment, satisfaction, and discharge of any debts, sums of money, duties, obligations, liabilities, or demands whatsoever, except as is hereinafter excepted, at and after the following rates, that is to say the British silver crown piece, at and after the rate of ninety pence, or seven shillings and six pence; the British silver half crown piece, at and after the rate of forty-five pence, or three shillings and nine pence; the British silver shilling, at and after the rate of eighteen pence, or one shilling and six pence; and the British silver six pence, at and after the rate of nine pence; and any other or smaller subdivisions of the British silver shilling, at and after the same rate, and in the same proportion as such respective subdivisions bear to the British shilling, of which they are such parts. Regulates the certain silver coins are to be rate at which current. Further regula which other silver coins are to be current. III. And be it enacted, That the United States, Peruvian, tion of rate at Mexican, Chilian, and Spanish milled silver dollar, and the dollar of Central America, being of not less weight than four hundred and twelve grains, shall and may, in like manner, be respectively received, paid, and legally tendered in payment, at and after the rate of six shillings and three pence; each and all the subdivisions or aliquot parts of the said respective dollars, shall and may, in like manner, be respectively received, paid, and legally tendered in payment, at and after the res pective rates following, that is to say: the half dollar at three shillings, the quarter dollar at one shilling and six pence, and the eighth part of a dollar at nine pence: provided always, that if any nation or state should have issued or may hereafter issue a coinage of dollars, which an assay of Her Majesty's mint, or of the mint of the United States of North America shall have authenticated, or may authenticate to contain less pure silver than three hundred and seventy grains to four hundred and twelve grains of alloyed metal in each dollar, neither any dollars nor their fractional parts issued by such nation or state, shall be a legal tender under this Act. Further regulation of rate at which other IV. And be it enacted, That the French silver coin called a five franc piece, shall and may, in like manner, be respectively received, paid, and legally tendered at and after the rate silver coins are of five shillings and six pence each, and the subdivisions or aliquot parts at the same rate and proportion which such aliquot parts bear to such five franc piece, of which they are parts. to be current. What copper current. V. And be it enacted, That the pence and halfpence legally money is to be current in the United Kingdom and in the adjacent Provinces of Canada, Nova Scotia, and New Brunswick, shall be current, paid and received as penny and halfpenny pieces, currency; provided always, that no person shall be obliged to receive, at one time, payment of more than eighteen pence, or one shilling and six pence, currency, in copper money; and provided also, that in payment, no account shall be taken of or payment be required for any fractional part remaining due less than one halfpenny. Proviso. Fractional parts of gold or silver coins. VI. And be it enacted, That in all payments made with the smaller pieces of gold or silver coins, being subdivisions Or aliquot parts of the respective coins mentioned in the preceding clauses of this Act, no smaller fraction than one halfpenny shall be calculated in the proportional value thereof; unless several of these shall be paid together so as to amount to the value of a crown or half crown piece, when the same shall be received for the full intrinsic value which they bear in proportion with the same larger pieces. VII. And whereas by this Act, one pound of British sterling money is hereafter to be represented by one pound and ten shillings currency, according to the respective rates or value of the several coins herein before mentioned, and at which they are by this Act fixed and determined, and to be hereafter a legal tender; and whereas there exist leases,* bonds, and other monetary obligations, voluntarily entered into by the parties thereto previous to the passing of this Act, reserving rents payable in and setting forth that the payments therein expressed to be made shall be payable in sterling money of Great Britain, and it therefore becomes necessary to declare that the provisions of this Act are not intended, in any way or manner, to affect such leases, bonds, or other monetary obligations: Be it therefore enacted and declared, that nothing in this Act contained shall extend, or be construed to extend, to affect any lease, bond, or other monetary obligation made and entered into before the passing of this Act, wherein the rent reserved or money payable thereunder, as is expressed to be payable in sterling money of Great Britain, or in other words, which by law bear the construction, that such payment was intended by the parties to be made in sterling money of Great Britain, but the same shall be and remain subject to the same legal interpretation and construction in every respect as the same would by law have been subject to, provided this Act had never been made, anything herein contained to the contrary notwithstanding. This Act not to affect lease, which rent or money is expressed to be bond, &c., in payable in sterling money. VIII. And be it enacted, That all accounts, debts and Debts, &c., money obligations whatsoever that may hereafter be contracted hereafter conor payable in the currency of this Island, shall be liquidated in currency, tracted payable at the value of coins specified in this Act; and any debts that how to be lishall or may be contracted and payable in the currency of quidated. any other British Colony, or in that of any foreign nation, shall be converted into the currency of this Island, and be recoverable in such proportion, that the weight or intrinsic value of gold and silver, or the equivalent of gold and silver in treasury notes, shall be equal, in the currency of this Island, to the aforesaid colonial or foreign currency, in which said money obligation or debt shall be or may have been contracted or payable. IX. And be it enacted, That as in certain cases, the fees in Fees of public public offices have been defined by statute to be payable in officers, &c. sterling money, and as it has been customary, heretofore, in the payment of the said fees, to convert the sterling into currency by the addition of oneninth part, such fees shall continue to be paid and received at the usual rates, anything in this Act to the contrary notwithstanding. * See 17 Vic., c. 6. |