land, unless the owner or occupier for the time being of any return to such land shall at the time such assessment shall be paid, Treasurer, &c. deliver, or cause to be delivered, at the office of the Treasurer of this Island, or to any of his deputies, a true return or account of such land, the same to be entered in the books of the said treasurer or receiver, in the form set forth in the schedule to this Act annexed, marked (C); and if any owner or occupier of any such lands or lots as aforesaid, shall make a false return of such lands or lots, he, she, or they shall, on conviction, forfeit and pay for every such offence, a sum not exceeding fifty pounds; the same to be recovered, with costs, in Her Majesty's Supreme Court of Judicature in this Island, and one half of such fine or penalty shall be paid to the person who shall inform and sue for the same, and the other half shall be paid into the treasury of this Island, for the use of Her Majesty's Government, and the books of original entry of the said Treasurer or receivers shall be deemed and taken as evidence of the said return. XX. And be it enacted, That when, by reference to the said return, it shall appear that any person or persons is or are the owner or owners, lessee or lessees of any single tract or quantity of land containing three hundred acres, or any less quantity, and shall have actually settled thereon, or in case of nonresidence, shall have inclosed and cultivated in the proportion of five acres for each and every hundred acres of land, of which such person or persons shall be the owner or owners, lessee or lessees, for the time being as aforesaid, and in the same proportion for any less quantity thereof, such tract of land shall be deemed cultivated or improved land within the meaning of this Act. What lands shall be deemed cultivated or improved. proved lots in XXI. And be it enacted, That no town lot in the, towns What shall be of Charlottetown, Georgetown and Princetown respectively, deemed cultishall be deemed to be cultivated and improved within the vated or immeaning of this Act, unless such town lot shall be wholly the several cleared, or unless such town lot shall have & dwellinghouse, towns and barn or stable, actually used as such, erected thereon, which royalties. said clearance and buildings, or any or either of them, shall be a sufficient improvement and cultivation; and no pasture lot or common lot within the royalty and common of Charlottetown, shall be deemed to be so improved and cultivated, unless three acres of such lot shall be cleared and enclosed under fence; and no pasture lot within the royalties of Georgetown and Princetown respectively, shall be deemed to be improved or cultivated, unless two acres of such lot shall be cleared and under fence as aforesaid. XXII. And be it enacted, That no omission of any direction contained in this Act, relative to notices or forms of Confirms sales pro- notwithstand sion of any direction of this Act previous to such sale. ing any omis- ceeding, previous to any sale made under this Act, shall extend to render such sale invalid; but the person guilty of any such omission or neglect, shall be liable to punishment therefor, and shall answer the party for any damage occasioned thereby, in any legal proceeding that may be properly instituted for that purpose. Treasurer to keep a separate XXIII. And be it enacted, That the Treasurer shall keep a account of mo- separate and specific account of all moneys raised and applied by virtue of this Act, which account shall be annually laid before the House of Assembly within ten days next after the commencement of each session. neys, &c. Penalty on Treasurer paying money arising from this Act for XXIV. And be it enacted, That if the Treasurer of this Island shall issue and pay any of the said moneys arising under this Act for any other purpose than is therein mentioned, or than shall be directed by any Act of the Legislature of this any other pur Island hereafter to be passed, he shall forfeit and pay the sum of one thousand pounds, and be rendered incapable of holding the office of Treasurer; the said forfeiture to be applied to and for the use of Her Majesty's Government, and to be recovered by bill, plaint, or information, in Her Majesty's Supreme Court of Judicature of this Island. pose than is specified there in. No other fees to be taken under this Act than as speci fied in bill of costs annexed. This Act to have no force XXV. And be it enacted, That no further or other fees shall be taken or received by any person or persons whomsoever, under authority of this Act, than such fees as shall be contained in the bill of costs taxed and allowed by one of the Justices of the Supreme Court, agreeably to the scale annexed to this Act as aforesaid, any thing in this Act to the contrary thereof notwithstanding. XXVI. And whereas this Act has been passed in the confident expectation that Her Majesty, taking into consideration the limited resources of this Colony, and the long retarded state of the settlement and improvement of the principal lands therein, will be graciously pleased to forego Her Majesty's claim to the quit rents, during the continuance of this Act: Be it therefore enacted, that the operation of this Act shall be suspended, and it shall be of no force or effect, until it shall relinquish shall be ascertained that Her Majesty shall have been pleased during its con- to relinquish all claim to the said quit rents during the continuance of this Act: provided always, that nothing in this Act contained shall have any force or effect till Her Majesty's pleasure therein shall be known. or effect unless Her Majesty her quit rents tinuance. Suspending clause. Relates to moneys to be paid to Lieu XXVII. And be it enacted, That so long as this Act shall be in force, and so long as the civil list of this Colony shall continue to be defrayed by the Imperial Government, there tenant Govern- shall be granted and paid to the Lieutenant Governor for the time being, administering the Government of this Island, out or. of the moneys to be raised by virtue of this Act, the sum of five hundred pounds currency, annually, the same to be payable quarterly, the first quarter's payment thereof to be made at the expiration of three months next after this Act shall come into force; and that the residue of the moneys raised by virtue of this Act shall be appropriated to the purposes general education, as may be hereafter directed by any Act of the Legislature of this Colony. of XXVIII. And be it enacted, That an Act made and passed in the seventh year of the reign of His late Majesty King William the Fourth, intituled "An Act for levying an assessment on all lands in this Island," and every clause, matter, and thing therein contained, be, and the same is hereby repealed. XXIX. And be it enacted, That all proceedings legally had or taken under the aforesaid Act for levying an assessment on all lands in this Island, hereby repealed, be, and the same are hereby confirmed, and all proceedings legally pending thereunder, shall be taken to be good and valid, and shall be prosecuted to the final termination thereof respectively, in way and manner as prescribed and directed by the said Act, as if this Act had not been made and passed. of Act. XXX. And be it enacted, That this Act shall be and continue in force for the period of fifteen years, and from thence Continuance to the end of the then next session of the General Assembly, and no longer. Suspending XXXI. And be it enacted, That nothing in this Act contained shall have any force or effect until Her Majesty's clause. pleasure therein shall be known. Section 3 of the above Act is repealed by 12 Vic., c. 7. This Act received the royal allowance 25th August, 1848, and the signification thereof was published in the Royal Gazette newspaper of this Island, on the 19th day of September following. SCHEDULES to which this Act refers. SCHEDULE (A.) To all to whom these presents shall come: I High Sheriff of the County of in Prince Edward Island, (or Coroner, as the case may be,) Form of consend greeting: WHEREAS, by virtue of Her Majesty's writ of fieri facias unto me directed, commanding me that I should cause to be veyance. satisfied and paid out of which had recovered against the said as well a certain debt of Treasurer of the said Island in Her Majesty's Su preme Court of Judicature at Charlottetown in the said Island, as also which in Her Majesty's same Court were awarded to the said for his costs and charges, by him about his suit in that behalf expended, and that I should have that money at Her Majesty's Supreme Court of Judicature aforesaid on the in next coming to render to the said for the debt and costs aforesaid: and whereas by virtue of the said writ, and by force and according to the form and effect of an Act 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," I the said Sheriff, (or Coroner, as the case may be,) took the said execution, and thirty days' previous notice of the sale thereof having been given, in manner and form as is prescribed in and by the said last mentioned Act, sold auction to for the sum of in at public being the best or highest bidder, at or lawful money of the said Island: NOW KNOW YE, that I the said High Sheriff, (or Coroner, as the case may be,) as aforesaid, by virtue of the said writ, and for and in consideration of the sum of lawful money aforesaid, to me in hand paid by the said at and before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, have bargained, sold and assigned, and by these presents I the said High Sheriff, (or Coroner, as the case may be,) as aforesaid, do bargain, sell, and assign the said described as follows: being in arrear of the tax imposed upon the by the said Act firstly hereinbefore in part re said and every part and parcel thereof, with the appurtenances unto the said his heirs and assigns, to the only proper use and behoof of the said his heirs and assigns forever, and to and for no other use, trust, intent, or purpose whatsoever, as fully, amply, and beneficially, as the original grantee or grantees of the said were possessed of or entitled to the same. heirs or assigns In witness whereof, I the said High Sheriff, (or Coroner, as the case may be,) have hereunto set my hand, and affixed my seal of office, this day of in the year of the reign of our Sovereign Lady Victoria, and in the year of our Lord one thousand eight hundred and Signed, sealed, and delivered, } presence of SCHEDULE (B).-SCALE OF COSTS. FEES TO BE TAKEN UNDER THIS ACT BY THE ATTORNEY GENERAL. Retainer, Every necessary motion in Court, Term fee each term, (not more than two term fees to be allowed,) Drawing every information, per folio of 90 words, Brief and copy, Every necessary attendance, Drawing every affidavit, per folio of 90 words, Every necessary copy thereof, per folio of 90 words, Issuing all writs, subpoenas and executions, accord- OTHER FEES TO BE TAKEN UNDER THIS ACT. Justice taxing and apportioning costs, Sheriff or Coroner for every deed, For every additional tract of land on the same town £1 1 0 Table of costs. 0 10 0 050 0. 1 0 0 0 6 0 7 6 010 0 0 6 026 0 26 £0 6 0 1 00 ship described and conveyed in the same deed, 0 6 8 For every additional town, common, or pasture lot, Printer's fees for advertising, &c., as heretofore ac- 06 8 |