such recital or mention thereof shall be deemed and taken to be conclusive evidence of the deed or instrument of bargain and sale or lease for a year, so recited or mentioned, having been made and executed, and such deed or instrument of release, shall also have the like effect, as if the same had been executed after the first day of June one thousand eight hundred and forty-nine, whether such deed or instrument of bargain and sale, or lease for a year, shall, or shall not, have been lost, or mislaid, or may or may not, be produced: provided Act not to af always, that this Act shall not prejudice or affect any proceedfect suits pendings at law or in equity pending at the time of the passing of this Act, in which the validity of any bargain and sale, or lease for a year shall be in question, between the party claiming under such bargain and sale, or lease for a year, and the party claiming adversely thereto, and such bargain and sale, or lease for a year, if the result of such proceedings shall invalidate the same, shall not be rendered valid by this Act. ing. Extent of construction of word "freehold." III. And be it enacted, That in the construction of this Act the word "freehold" shall have not only its usual signification, but shall extend to all lands and hereditaments for the conveyance of which, if this Act had not been passed, a bargain and sale, or lease for a year, as well as a release, would have been used. No repealed statute shall be deemed to have been construc tively revived. CAP. VI. An Act to prevent the constructive revival of Statutes heretofore repealed. WHEREAS several Statutes of the General Assembly of this Island have been repealed by subsequent Statutes, which have themselves also been repealed by other Acts, without there being contained in such last mentioned Acts, any express clause, preventing the revival of the original Statutes: and whereas such revival of old Acts would produce much confusion and inconvenience: for remedy whereof: Be it enacted, by the Lieutenant Governor, Council and Assembly That no Statute of the General Assembly of this Island, heretofore repealed, shall be deemed to have been revived by the repeal of the Statute which repealed it, unless some special clause, enacting such revival, shall have been contained in the last repealing or some subsequent statute. CAP. VII. ther amended by 20 Vic. c. 17, 1ic. c. 7, fur- An Act to explain and amend the present Act for the assessment of land and the encouragement of Education. THEREAS by the Act made and passed in the eleventh year of the reign of her present Majesty, intituled “An sec. 3. 11 Vic. c. 7. Act for levying further an assessment on all lands in this Colony, and for the encouragement of education," the first annual payment of the assessment thereby levied is expressed to become payable within three months next after Her Majesty's royal allowance to the said Act shall have been published in the Royal Gazette newspaper, and it was intended by the said Act, that the said land tax should, thereafter, be paid annually, after a like three months' notice, to be given by the Colonial Treasurer, and in default of such payment, that all lands thereafter annually in arrear for the said land tax, should be proclaimed for such default at the term of Her Majesty's Supreme Court of Judicature, which should be held next after the expiration of three months' notice as aforesaid: and whereas the royal assent was graciously given to the said Act, and the same was duly published in the Royal Gazette newspaper on the nineteenth day of September, one thousand eight hundred and forty-eight, and notices thereafter were duly published by the Treasurer, in pursuance of the said Act, calling for payment of the said land assessment to be made within three months next after publication of the said royal assent, namely, on the nineteenth day of December last and then next; but nevertheless, a considerable amount of the said land tax for the said year one thousand eight hundred and forty-eight, up to the present time, remains due and unpaid, and owing to a clerical error, by the words "six months" being used in the third section of the said Act, in place of the words "three months," some doubts exist, whether the said land tax so remaining due and payable, can be recovered by course of law, until the said error is explained and amended: Be it therefore enacted, by the Lieutenant Governor, Council and Assembly, That the Treasurer of this Island, exofficio, shall, on the Saturday next before the last day of the next Easter term for Queen's County, personally make proclamation of all such lands as shall then be in arrear for nonpayment of the sums charged thereon, for the year one thousand eight hundred and forty-eight, under and by virtue of an 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 for levying further an assessment on all lands in this Colony, and for the encouragement of education," and immediately thereafter, shall cause notice to be published in Charlottetown, Notice to be Georgetown, and Saint Eleanor's, and in the Royal Gazette newspaper, and some one or more of the Island newspapers, notifying the owners of the said lands so in arrear, that in case the sums charged on them by the said recited Act shall not be paid before the next Trinity term of the Supreme Court for Queen's County, application will be made to the said Supreme Court for judgment against the said lands so in arrear, and the said proclamation having been made, and notices pub When land in sessment under Act of 11 Vic., proclaimed. arrear for as c. 7, is to be published. Treasurer's duty as to notice and prolands in arrear clamation of after present year and future years. lished in manner as herein directed, the said Supreme Court, in the last mentioned term, shall accordingly give judgment against all such lands as shall then be in arrear as aforesaid, with costs, which judgment, and all future and other proceedings thereupon or thereunder, shall be given and conducted in the manner prescribed in the said herein before recited Act. II. And be it enacted, That the Treasurer of the said Island shall, and he is hereby required and directed, in respect of the assessment imposed and payable upon all lands in this Island, under and by virtue of the said hereinbefore recited Act, for the year one thousand eight hundred and forty-nine, and for all future and other years, during the continuance of the said herein before recited Act, on the first Tuesday in September next, and on the first Tuesday* in September in all future and other years, during the continuance of the said herein before recited Act, to cause advertisements to be posted in Charlottetown, Georgetown and Saint Eleanor's, and also an advertisement to be published in the Royal Gazette newspaper, calling upon the respective owners or occupiers of land charged by the said hereinbefore recited Act, to pay the sums thereby respectively imposed within three months thereafter, and it shall be the duty of the said Treasurer, exofficio, and he is hereby directed, at the sitting of the said Supreme Court for Queen's County, next after the expiration of the said three months, during the continuance of the said hereinbefore recited Act, on the Saturday next before the last day of the said term, personally to make proclamation of all such lands as shall then be in arrear for nonpayment of the sums charged thereon, by the said herein before recited Act, and immediately thereafter to cause further notices to be published in Charlottetown, Georgetown and Saint Eleanor's, and in the Royal Gazette newspaper, and some one or more of the Island newspapers, notifying the owners of the said lands so in arrear, that in case the sums charged on them by the said herein before recited Act, together with costs, shall not be paid before the next term of the said Supreme Court for Queen's County, application will be made to the said Supreme Court for judgment against the said lands so in arrear; and the said proclamation. having been made, and notices published in manner as herein last before directed, the said Supreme Court in the said last mentioned term, shall accordingly give judgment against all give judgment, such lands as shall then be in arrear as aforesaid, which judgment, and all future and other proceedings thereupon or thereunder, shall be given and conducted in the manner prescribed in the said herein before recited Act. Duty of Su preme Court to &c. * This provision is altered by Act 20 Vic., c. 17, s. 3, and the time for the annus! posting and publishing of the advertisements in this clause mentioned is extended from the 1st to the 15th of September inclusive, (Sundays excepted.) III. And be it enacted, That the third section of the said herein before recited Act shall be, and the same is hereby repealed. Repeals 3d sec tion of Act of 11 Vic., c. 7. CAP. VIII. An Act for the better preventing accidents by fire within 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. 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 |