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maintainable

against any person causing

right and expedient, that the wrongdoer in such case should be answerable in damages for the injury so caused by him: Be it therefore enacted, by the Lieutenant Governor, Council An action to be and Assembly, that whensoever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such, as would (if death had not ensued) death through have entitled the party injured to maintain an action, and recover damages in respect thereof; then, and in every such case, the person who would have been liable, if death had not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to felony.

neglect, &c.

Action to be

of certain relations, and to

be brought by

and in the name of executor or

II. And be it enacted, That every such action shall be for for the benefit the benefit of the wife, husband, parent and child of the person whose death shall have been cancelled, and shall be brought by and in the name of the executor or administrator of the person deceased, and in every such action, the jury may give such damages as they may think proportioned to the injury resulting from such death to the parties respectively, for whom, and for whose benefit, such action shall be brought, and the amount so recovered, after deducting the costs not recovered from the defendant, shall be divided amongst the before mentioned parties, in such shares as the jury by their verdict shall find and direct.

administrator of the deceased.

Only one action

be commenced

III. Provided always, and be it enacted, That not more shall lie, and to than one action shall lie for and in respect of the same subject matter of complaint, and that every such action shall be commenced within twelve calendar inonths after the death of such death of party deceased person.

within twelve

months after

Plaintiff to de

liver a full par

ticular of the person for

whom damages

shall be claimed.

Construction of this Act.

IV. And be it enacted, That in every such action, the plaintiff on the record shall be required, together with the declaration, to deliver to the defendant, or his attorney, a full particular of the person or persons for whom, and on whose behalf such action shall be brought, and of the nature of the claim in respect of which damages shall be sought to be recovered.

V. And be it enacted, That the following words and expressions are intended to have the meanings hereby assigned to them respectively, so far as such meanings are not excluded by the context or by the nature of the subject matter; that is to say, words denoting the singular number are to be understood to apply also to a plurality of persons or things, and words denoting the masculine gender are to be understood to apply also to persons of the feminine gender: and the word" person" shall apply to bodies, politic and corporate; and the word "parent" shall include father and mother, and grandfather and grandmother, and stepfather and stepmother:

and the word "child" shall include son and daughter, and grandson and granddaughter, and stepson and stepdaughter.

VI. And be it enacted, That this Act shall come into Operation of operation, from and immediately after the passing thereof.

CAP. XX.

Act.

An Act for suspending, for a limited period, certain parts of Expired. an Act passed in the fourth year of His late Majesty's reign, 4 W. 4, c. 15. intituled "An Act for ascertaining and establishing the boundary lines of Counties and Townships, and parts of townships, and for regulating the duties of surveyors, and to repeal a certain Act therein mentioned."

This Act suspended operation of Boundary Act, 4 W. 4, c. 15, so far as regards Townships Nos. 10, 9, 8, 7, 6, 5, 4, 3, 2, and 1, to the end of the then next session of the General Assembly.

CAP. XXI.

An Act for doing away with the oath of abjuration, heretofore 11 G. 4, c. 7. imposed on Roman Catholics.

WHEREAS a despatch has been received from the Right

Honorable W. E. Gladstone, number fifteen, dated the second of June, one thousand eight hundred and forty-six, stating that he has received Her Majesty's commands to accede to the request of the Legislative Council and House of Assembly of this Island, praying for the royal sanction towards the enactment of a law, rescinding the obligation of a certain oath imposed on Roman Catholics, on their entering on their offices, either as members of the Legislature in this Colony, or as officers of the Government: Be it therefore enacted, by the Lieutenant Governor, Countil and Assembly, and by the authority of the same, that from and after the passing of this Act, it shall not be lawful to tender to any of the officers of Government, nor to any of the members of the Legislature, on their receiving their appointments, nor shall they in any way be required to take the oath embodied or engrossed in the second clause of an Act passed in the eleventh year of the reign of His late Majesty King George the Fourth, intituled "An Act for the relief of His Majesty's Roman Catholic subjects."

II. And be it enacted, That the oaths to be taken by any of Her Majesty's subjects, of the Roman Catholic persuasion, on their being sworn in as members of any branch of the Legislature, or as officers of the Government, shall in all parti

No officers of
Government or
Legislature in
future to be
required to
set out in 2d
section of Act

members of

take the oath

of 11 G. 4, c. 7.

Relates to oaths to be

taken by Roman Catholics.

culars be the same as that taken, or to be taken, by Her Ma jesty's Protestant subjects in the like cases, any law, usage or custom to the contrary notwithstanding.

Executed.

CAP. XXII.

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

ANNO UNDECIMO

VICTORIA REGINÆ.

At the General Assembly of Her Majesty's Island of PRINCE EDWARD, begun and holden at CHARLOTTETOWN, the twentysixth day of January, Anno Domini, 1847, in the tenth year of the reign of our Sovereign Lady VICTORIA, by the Grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith:

1848.

Sir DONALD
Baronet, Lt.

CAMPBELL,

Governor.

R. HODGSON, President of the Council.

Speaker.

And from thence continued, by several prorogations, to the first day of February, 1848, and in the eleventh year of Her JOSEPH POPE, said Majesty's reign; being the second session of the seventeenth General Assembly convened in the said Island.

CAP. I.

An Act to prohibit the exportation of grain, meal and pota- Expired. toes, and for other purposes therein mentioned.

CAP. II.

Vic. c. 11.

Repealed by 12 An Act to repeal certain parts of the laws now in force regulating the performance of statute labour on the highways, relating to Charlottetown, its common and royalty, and to make other provisions in lieu thereof.

Amended by 12

Vic. c. 27.
Continued by

13 Vic. 2d sess.

c. 2.

Expired.

CAP. III.

An Act to repeal the laws now in force relating to emigrants, and to make other provisions in lieu thereof.

Repealed by 14 Vic., c. 16.

CAP. IV.

An Act to authorize the appointment of a Commissioner of highways for the town and royalty of Georgetown.

Expired.

CAP. V.

An Act for raising a revenue.

The Queen may appoint a peroffices of Master of the Rolls, &c

son to fill the

CAP. VI.

An Act to authorize the appointment of a Master of the Rolls to the Court of Chancery, and an Assistant Judge of the Supreme Court of Judicature in this Island.

W

WHEREAS it is deemed expedient that a Master of the Rolls should be appointed to the Court of Chancery, and also an Assistant Judge of the Supreme Court of Judicature of this Island, which offices may be combined in one person.

I. Be it therefore enacted, by the Lieutenant Governor, Council and Assembly, That it shall and may be lawful for Her Majesty the Queen, and her said Majesty is hereby authorized and empowered, from and after the passing of this Act, to appoint, and in case of a vacancy, by death, resignation, or other cause, to appoint anew a fit and competent person to combine and fill the offices of Master of the Rolls to the Court of Chancery, and Assistant Judge of the Supreme Court of Judicature of this Island; provided always, that nothing in this Act contained shall extend or be construed to prevent a provisional appointment being made to the said offices after the passing of this Act, and in cases of vacancy, as aforesaid,

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