Continuance of Act. the fee of two shillings and six pence to himself for issuing such licenses. XII. And be it enacted, That this Act shall be and continue in force for and during ten years from the passing thereof, and from thence to the end of the then next session of the General Assembly of this Island. No. SCHEDULE to which this Act refers. Colonial Secretary's Office, Prince Edward Island. Form of hawker and peddler's license. THIS is to certify, that A. B., a native of of the age of the sum of or thereabouts, having this day paid license and permission are therefore hereby given and granted to the said A. B. to use the occupation of a hawker, peddler, or itinerant trader throughout this Island, (here state particularly whether the person is privileged to travel on foot or with a horse, gelding, mare, or other beast of burden, cart, waggon, or sled, as the case may be,) pursuant to the Act of the General Assembly of this Island, made and passed in the twelfth year of the reign of Her Majesty Queen Victoria, intituled "An Act to prevent peddlers travelling and selling within this Island without license." This license to continue in force for one year from the date hereof, and no longer. Given under my hand and seal this day of 18 By command, Col. Sec. Amended by 17 Vic., c. 11. CAP. XXI. An Act to incorporate the Royal Agricultural Society of This Act remains in force, but has been printed in the volume of private and local Acts, pursuant to directions of Act 24 Vic. c. 3. Collector of Excise nearest to any light, lighthouse, CAP. XXII. An Act relating to lighthouses, and buoys and beacons. BE E it enacted, by the Lieutenant Governor, Council and Assembly, That if any person or persons shall hereafter erect, build, set up, or place any light, lighthouse, buoy or beacon, or beacon, &c. erected without any distinguishing mark of any kind or description whatsoever, or shall continue to exhibit, place or show any light in any lighthouse or other such building heretofore erected on the shores of any of the bays, harbors, creeks, inlets, arms of the sea, or rivers of this Island, or within any of the said bays, harbors, creeks, inlets, arms of the sea, or rivers, or upon any of the shoals, rocks, reefs, sand hills, banks, or sands, within the said bays, harbors, creeks, inlets, arms of the sea, or rivers, or adjacent or near to any part of the shores of the said bays, harbors, creeks, inlets, arms of the sea, or rivers, or upon any part of the shores or coasts of this Island, or upon any of the rocks, shoals, reefs, sand hills, banks or sands adjacent or near to any part of the shores or coasts of the said Island, for the alleged guidance of mariners, without the license or permission of Her Majesty, her heirs and successors, or without the license or permission of the Administrator of the Government of the Island, for the time being, in writing first had and obtained, that then, and in such case, it shall be the duty of the Collector of Excise nearest to the place where such light, lighthouse, buoy, or beacon, or other distinguishing mark, of any kind or description, is erected, built, set up, or placed, and he is hereby required to cause such light, lighthouse, buoy, beacon, or other distinguishing mark, to be pulled down, destroyed, defaced and removed, or otherwise rendered unfit for the purpose of a light, lighthouse, buoy, beacon, or other distinguishing mark, as aforesaid; and any such person or persons who shall hereafter erect, build, set up, or son erecting place any such light, lighthouse, buoy, or beacon, or any dis- such light, bea tinguishing mark as aforesaid, without such license or permis- out such license sion aforesaid, shall forfeit and pay, for every such offence, a sum of fifty pounds, to be sued and prosecuted for, by such Collector of Excise as aforesaid, and to be recovered before any two Justices of the Peace for the County wherein such offender or offenders may be resident, on the oath of one or more credible witness or witnesses, to be levied, by warrant of distress, on the goods and chattels of the offender or offenders; the one half of such penalty, after deducting therefrom the Appropriation costs of the prosecution, when recovered, to be paid to the said of penalty. Collector of Excise, and the other half part thereof to be paid into the Treasury of this Island, to and for the use of Her Majesty, her heirs and successors; and in the event of the said offender or offenders not having goods and chattels whereon to levy the said penalty, then the said two Justices are hereby authorized to commit the offender or offenders to the common jail of the County, there to remain for a period not exceeding six months, unless such penalty be sooner paid. Penalty on per con, &c. with II. And be it further enacted, That if any person or per- Penalty on persons shall pull down, destroy, deface, damage, injure, remove, son pulling or take away, any light, lighthouse, buoy, beacon, or other erected by au Crown. &c., any light, distinguishing mark of any kind of description whatsoever, lighthouse, &c. set up, erected, built, or placed within any of the bays, harthority of the bors, creeks, inlets, arms of the sea, or rivers of this Island, or upon any of the shores of the said bays, harbors, creeks, inlets, arms of the sea, or rivers, or upon any of the shoals, reefs, rocks, sand hills, banks, or sands within the same, or upon any of the shores or coasts of the said Island, or upon any of shoals, reefs, rocks, sand hills, banks, or sands adjacent or near to any of the shores or coasts of this Island, by authority of Her Majesty, or her heirs or successors, or by authority of the Administrator of the Government of this Island for the time being, such offender or offenders shall, on prosecution of such Collector of Excise as aforesaid, and on conviction by the oath of one or more credible witness or witnesses, before any two of her Majesty's Justices of the Peace for the County wherein such offender or offenders shall be resident, forfeit and pay a sum not exceeding twenty pounds, to be recovered and applied as aforesaid; and on failure of payment, or want of goods or chattels whereon to levy, such offender or offenders shall be committed, by such Justices, to the common jail of the County for a period not exceeding three months, unless such fine be sooner paid. Mode of recovery of penalty Collector of Ex cise to be com petent witness. actions are to be brought against Collec tor of Excise for any thing done by him by virtue of this Act. III. And be it further enacted, That for the purpose of recovering the penalties aforesaid, such Collector of Excise as aforesaid, shall be deemed and taken as a competent witness, any law, usage, or custom to the contrary notwithstanding. IV. And be it further enacted, That no writ shall be sued Regulates the out against, nor any copy of any process served upon any mode in which Collector of Excise, as aforesaid, for any thing done by him, or against any other person or persons whomsoever acting under the direction or authority of any Collector of Excise, under the provisions of this Act, until one calendar month after notice in writing shall have been delivered to him, or left at his usual place of abode by the attorney or agent of the party who intends to sue out such writ or process, in which notice shall be clearly and explicitly contained, the cause of action, and the name and place of abode of the person who is to bring such action, and the name and place of abode of the attorney or agent, and no evidence of the cause of action shall be produced, except of such as shall be contained in such notice; and no verdict shall be given for the plaintiff, unless he shall prove, on the trial, that such notice was given, and in default of such proof, the defendant shall receive, in such action, a verdict and costs. V. And be it further enacted, That every such action shall be brought within three calendar months after the cause thereof, and shall be laid and tried in the County where the acts were committed; and the defendant may plead the gene 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 if the Commissioners appointed under the Act to provide 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 the General Assembly of the said Island heretofore published by the authority of the Government of this Island, that is to say, all the Acts contained in the volume of the laws printed 11 Vic. c. 32. regulates the power of Commissioners appointed under Enlarges and Act of 11 Vic. c. 32, for reprinting laws. Certain Acts not published in full in new edition of laws to be, neverthe less, legal evidence. Duty of Commissioners in tain laws in public offices. 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 depositing cer- 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 :— Memorandum to be subscribed thereon by Commissioners. PRINCE EDWARD ISLAND. Filed in the office of this in County 18 by virtue of an Act passed in the twelfth year of the reign of her present Majesty, intituled [here insert the title of this Act.] And it shall be the duty of the said Registrar and Prothonotary and their respective deputies and clerks, within office hours, at all times, to exhibit the said Acts to any person or persons who shall or may require access to the same. |