This Act not to interfere with any proto the passing ceedings prior thereof; XXVI. Provided always, and be it enacted, That nothing in this Act contained shall extend, or be construed to extend, to prevent, or in any manner interfere with the completion of any road or roads which shall or may, at the time of the passing of this Act, be opened or partly opened under the authority of any of the above recited Acts hereby repealed, or to affect the validity of any writ or writs, order or orders, issued by the Lieutenant Governor, prior to the passing of this Act, authorizing or directing the laying out of any road or roads, part or parts of any road or roads, under or by virtue of any of the said recited Acts hereby repealed, or to interfere with any proceeding, matter, or thing whatsoever, that may at the time of the passing hereof be incomplete, unfinished, or unperformed in respect to any such road or roads, or part or parts of any such road or roads, or to any proceeding, matter, or thing that may be then pending or incomplete under any such writ or order, and by such writ or order intended to be performed; but that all and every such road or roads, part or parts of such road or roads, opened, partly opened, or intended to be opened, by virtue of any writ or order so issued, prior to the passing of this Act, and all and every matter, proceeding and thing whatsoever, necessary and intended to be done and performed under such writ or order, shall be completed and finished as fully and effectually, to all intents and purposes whatsoever, as if this Act had not been passed: and for the purpose of fully completing and finishing all and every such road or roads, part or parts of such road or roads, that may be opened, Acts repealed partly opened, or intended to be opened, under and by virtue of any such writ or order, issued as aforesaid, prior to the passing of this Act, and for the recovery of all and every sum and sums of money awarded or to be awarded, or due and owing to the Government, in respect to any such road or roads, part or parts of such road or roads, and for the carrying into effect the intention of the Legislature, in all other respects, in relation thereto, as expressed and declared in and by the said several above recited Acts hereby repealed, the said several above recited Acts, being all those several Acts mentioned in and repealed by the first section of this Act, shall be and be held, and taken to be in full force and effect, notwithstanding the passing hereof. and, with respect to such proceedings, the various by the first section thereof shall be in force. Continuance of Act. XXVII. And be it enacted, That this Act shall continue and be in force for and during the space of ten years from the time of the passing thereof, and from thence to the end of the then next session of the General Assembly, and no longer. XXVIII. And be it enacted, That no person or persons whomsoever shall, either directly or indirectly, demand, take, or receive any other or greater fee or fees, under this Act, for All other necessary witnesses, per mile, 004 For attendance under examination, per diem, 020 by persons appointed to va lue damage,&c. SCHEDULES to which this Act refers. Form of oath to be annexed to the return to be made to Go- Oath to be made WE, A. B., C. D., and E. F., having carefully examined the disadvantage or damage that the owner or owners, lessee or lessees over whose land the line of road from (G. to H. as the case may be,) will pass according to their several and respective estates and interests therein, do estimate the said damages as follows:-To (I. K., as the case may be,) the sum of pounds. To (L. M., as the case may be,) the sum of pounds. Sworn beforn me, this (Signed) 66 A. B. C. D. E. F. Oath to be made by persons appointed to assess sum to be paid by owner of wilderness land, &c. SCHEDULE (B.) Form of oath to be annexed to the return to be made to Government by the persons appointed to assess the sum of money to be paid by the owner or owners, lessee or lessees of wilderness land, through which said road or roads do pass. WE, A. B., C. D., and E. F., having carefully ascertained the advantage that does accrue to the owner or owners, lessee or lessees of such land, declare that the owner or owners, lessee or lessees, do and shall within days from the date hereof, the sum of into the Treasury of this Island, or give to the Crown so much land as may be of the value of the said sum of pounds, which said land is of the value pay, CAP. II. See 23 Vic. cap. An Act to consolidate and amend the laws now in force, for 16, sec. 75 to 85, and 25 Vic. cap. 6, sec. 9. the relief of insolvent debtors. WHEREAS it is deemed advisable to consolidate the laws now in force, for the relief of insolvent debtors: Be it enacted by the Lieutenant Governor, Council and Assembly, that an Act passed in the twenty-sixth year of the reign of Repeals 26 G. his Majesty King George the Third, intituled "An Act 3, o. 2; for the relief of insolvent debtors;" an Act made and passed in the sixth year of the reign of his late Majesty King William 6 Will. 4, c. 9; the Fourth, intituled "An Act to suspend an Act made and passed in the twenty-sixth year of the reign of his late Majesty King George the Third, intituled 'An Act for the relief of insolvent debtors, and to make other provisions in lieu there- 7 Vic. c. 3; of;" an Act made and passed in the seventh year of the reign of her present Majesty, intituled "An Act to repeal certain Acts therein mentioned, and to consolidate and amend the laws for the relief of insolvent debtors;" and an Act made and passed in the eleventh year of the reign of her present Majesty, and 11 Vic. c. intituled "An Act to amend the laws for the relief of insol- 27. vent debtors," be, and the same are hereby respectively repealed. Commissioners II. And be it enacted, That from and after the passing of Mode of apthis Act, the Justices of Her Majesty's Supreme Court of Ju- pointment of dicature of this Island, or any two of them, of whom the Chief under Act. Justice shall be one, shall, and they are hereby empowered and required to commission and appoint four fit and competent persons as Commissioners, two of whom shall be a quorum, in and for each of the Counties of King's County and Prince County, in this Island, to carry into effect the purposes of this Act, as hereinafter mentioned, and who shall reside within the respective Counties for which they shall be appointed, and within twelve miles of the respective Court houses in the said Counties; and in all cases of the death or resignation of any such Commissioner or Commissioners so to be appointed, or his or their nonresidence in, or removal from the respective County for which he or they were appointed, or in case of his or their six months' absence therefrom, or of malfeasance or maladministration in his or their respective duties, or his or their other incapacity in the discretion of the said Justices, or of his or their neglect or refusal to accept office, the said office, with respect to such Commissioner or Commissioners, shall be deemed vacant, and it shall be deemed lawful to and for the said Justices, and they are are to be made. hereby directed, from time to time, and as often as any such vacancy or vacancies shall occur, to appoint other Commissioner or Commissioners in his or their stead, all which said Commissioners so to be appointed by virtue of this Act, shall have and be vested with the same powers and authorities in every respect, within the Counties in which they shall respectively reside, as are hereinafter by this Act given and conferred to and upon any two of the said Justices of Her Majesty's Supreme Court of Judicature, as aforesaid. III. And be it enacted, That whenever any person may be When office shall be vacant, how other ap A vrisoner f: Sebt not support himseli, may andy to two Judges in Su de for a week preme Court, Jy support. confined within any jail, or the limits thereof, within this Island, for any debt, damages or costs, whether on mesne or final process, (*except such persons as may be so confined by virtue of any mesne or final process, issued under any Act or Acts made for the recovery of small debts,) and such person, so confined, shall be unable to provide or obtain his or her necessary sup port, it shall and may be lawful for such person to make application to any two Judges of the Supreme Court of this Island, or to the said Court in term time, or to any Commissioners, two of whom shall be a quorum, to be appointed as aforesaid, for a weekly support or maintenance, and such Judges, Court or Commissioners, (after fourteen days' previ ous notice to the plaintiff, or person at whose suit such person may be confined, his or her attorney,) shall examine, on oath such person so confined, as to his or her ability to support him or herself, and if, on examination, to be taken in writing on oath, as aforesaid, to be filed in the office of the Clerk o Prothonotary of the Supreme Court aforesaid, it shall appea to such Judges, Court, or Commissioners, that such person i utterly unable to support him or herself, and has no propert whatever, real or personal, of what nature or kind soever except necessary bedding, wearing apparel, kitchen utensis and necessary tools of his or her trade or occupation, not ex ceeding in value, in the whole, fifteen pounds, and that s confined person hath not at any time since he or she served with the first or mesne process in the suit in which or she may have been confined, or since he or she had no of the said suit having been commenced, made over, assign transferred, or put out of his or her possession or po either directly or indirectly, any property whatsoever, w ther real or personal, for the purpose of defrauding s plaintiff, or giving any undue preference to any Judges &c. may plaintiff or creditor, that then it shall be lawful for 1 order detaining Judges, Court, or Commissioners to make an order for party at whose suit such person may be confined, to pa for his support. weekly sum, to be applied for the support of such pas and the first payment to be made at the time such Jul Court, or Commissioners may in such order direct, and w sum shall be paid weekly thereafter on such day as order shall direct; and from the first day of November the last day of March, shall be five shillings per week. the remainder of the year four shillings per week; and such order made it shall be the duty of such party, w any further notice, to pay such weekly support agreearly such order, such allowance to be paid to the jailer County in which such debtor may be confined, at any during the day, between sunrise and sunset, on which allowance becomes due, for the use and support of creditor to pay a weekly sum * Exception repealed by 24 Vic. c. 16, sec. 75, which see; see also ▼: 6, sec. 9. |