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 Julicature, 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, &o. awarded by the said Court. issuable terms 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 for Queen's in the said County, and that no Jury shall be summoned, nor County. 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 Net 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, o. 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 Queen's County Prothonotary, &c. authorized to fill up any vacancy occur ring by demise &c. of any of his deputies. ty Prothonotary for King's and Prince Counties. 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 empannelled 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. X. And be it enacted, That the Prothonotary and Clerk 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. 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 Counties after and Prince 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 Coun ties, upon the days and times herein before directed and ap pointed, 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. to prepare lists of constables and fence XIII. And be it enacted, That the grand jurors who shall Grand Jurors 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 Prince Counties 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 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 s repealed by the 16th Vic. c. 7, and so much thereof as relates to Charlottetown Es 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 E it enacted, by the Lieutenant Governor, Council and See 17 Vic. c.13. Repeals Act of also Act of 2d Vic. c. 6; the following Acts be, and they are hereby repealed; that is to 1st Vic. c. 12; say: an Act passed in the first year of the reign of her present Majesty, intituled "An Act for regulating the several jails within this Island, and establishing prison discipline therein:" an Act passed in the second year of the reign of her present Majesty, intituled "An Act to amend an Act for regulating the several jails within this Island, and establishing prison discipline therein;" an Act passed in the fifth year of the reign of his late Majesty King William the Fourth, intituled "An Act for the more effectual punishment of offenders, by enabling the Supreme Court to add hard labour to the sentence of imprisonment." and also Act of 5th Will. 4, c. Supreme Court 2 may order party convicted of felony, &c. to be kept to hard labor. Lt. Governor, Justices of the County, for Justices to be II. And be it enacted, That from and after the passing of this Act, it shall and may be lawful for the Supreme Court. in cases of conviction for felony or misdemeanor, to order, if it shall see fit, that the person or persons so convicted be kept to hard labor during the time of his or her imprisonment. III. And be it enacted, That it shall and may be lawfu for the Lieutenant Governor, or other Administrator of the Government, by and with the advice and consent of Her Majesty's Council, to appoint three or more fit and proper persons. being Her Majesty's Justices of the Peace resident in each of the Counties of this Island, to be Commissioners for carrying into effect the provisions of this Act. IV. And be it enacted, That such Justices of the Peac also visitors of shall be likewise Visitors of the jail in each County respec Jails in each County. ces as such tively. V. And be it enacted, That such Commissioners shal Power of Justi- have power to make such rules, regulations, and orders, and Commissioners. to prescribe the place, time, and mode of performing such labour, whether within or without such jail, as may to the majority of them seem best adapted to the more effectual punishment of offenders so convicted and imprisoned as aforesaid. Further power of Commission to prisoners, &c. VI. And be it further enacted, That the Commissioners ers, as to food shall have power to reward such prisoners, by allowing then. such coarse, but wholesome provisions, in addition to the allowance now furnished, as they shall from time to time set fit; and such Commissioners shall be allowed to make such rules and regulations, for the more effectually compelling prisoners to work, as to the majority of such Commissioners may seem meet: provided, that such rules and regulations shall be approved of by the Lieutenant Governor and Council. Rules to be ap- Appropriation such VII. And be it further enacted, That the proceeds of the of proceeds of labor of such offenders (if any,) after deducting necessary labor of priso ners. harges, shall be paid into the treasury of this Island, for the se of Her Majesty's Government. VIII. And be it enacted, That such commissioners and isitors shall personally visit and inspect the County jail for missioners, as hich they are appointed, at least three times in each quarter jail visitors. f a year, and oftener if occasion shall require; and shall exmine into the state of the buildings; the instruction and mployment of the prisoners; the adequacy of the supply of ll articles contracted for, for the use of the jail, and the prioners therein; the conduct of the jailer, or other respective thicers; and the treatment, behaviour, and condition of the risoners, and of all abuses within the prison; and shall make true report thereof, in writing, to the Lieutenant Governor, r other Administrator of the Government, once in each year, r oftener, if occasion shall require. prisoners. IX. And be it enacted, That the following rules and regula- Duty of keeper ons shall be adopted and observed in every jail and house of of prison, on orrection within this Island:-When the keeper or other visiting female thicer shall visit female prisoners, he shall be accompanied by he matron; or, in case of her unavoidable absence, or if none hall have been appointed, by some female officer of the prison, r by such other female as the visiting Justices may name for hat purpose. The prisoners of each sex shall be divided into distinct lasses, care being taken that prisoners of the following classes o not intermix with each other: first, debtors and persons onvicted for contempt of Court on civil process; second, prioners convicted of felony; third, prisoners convicted of misemeanors; fourth, prisoners committed on charge or suspiion of felony; fifth, prisoners committed on charge or suspiion of misdemeanors, or for want of sureties; such prisoners s are intended as witnesses on behalf of the Crown in any rosecution, shall also be kept separate: provided always, that othing herein contained shall be construed to extend to preent the visiting Justices from authorizing, at their disretion, the employment of any prisoner in the performance f any menial office within the prison, or its precincts, or for he purpose of instructing others: and provided also, that if he keeper shall at any time deem it improper or inexpedient or a prisoner, on account of his or her being a juvenile ofender, or for any other reason, to associate with the other risoners of the class to which he or she may belong, it shall be lawful for him to confine such prisoner with any other class or description of prisoners, or in any other part of the prison eparately, until he can receive the directions of a visiting Jusice thereon, to whom he shall apply with as little delay as Dossible; and who, in every such instance, shall ascertain whether the reasons assigned by the keeper warrant such de Classification of prisoners. |