1848 11th VICTORIA. Chap. 18. 545 clause of this Act, and who shall board, at sea, or without the in 2d section of harbor, or offer his services for the purpose of taking into harbor this Act. as such pilot, any ship or vessel owned or partly owned in this Colony, exceeding one hundred and thirty tons burthen, and where the master of such vessel shall decline or refuse the services of such pilot, shall be entitled to demand and receive from the master or owner of any such vessel, one half of the rates of pilotage now allowed by the Act to which this is an amendment; the same to be recovered in way and manner provided by the said Act. II. And licensed to that situation be without first producing to Pilots already or licensed, or hereafter to be licensed, to own and use certain descrip be it enacted, That no person shall hereafter be licensed as a pilot, nor shall any person now appointed allowed to act in that capacity, the Colonial Secretary a certificate of the harbor master of the port in or near which such per- tion of boat. son shall reside, and in case of there being no harbor master for such port, then of some one of Her Majesty's Justices of the Peace for the County in which such person shall reside, stating that such harbor master or Justice hath examined the boat or boats belonging to such person, and intended to be used by him as a pilot boat or pilot boats, and that such boats are tight, staunch, strong, properly equipped and well suited for the purpose intended, nor shall any such certificate be granted for any boat of less than sixteen feet keel. III. And be it enacted, That to prevent the substitution Pilot not enof any other boat or boats, than those respecting which certi shall have been obtained, no pilot shall be entitled to claim any remuneration for pilotage or otherwise under this on the stern of the stern Act, unless the name of the said pilot be painted on of the boat used, and respecting which he has obtained a certificate, in manner following, that is to say, A. B. or C. D., pilot, and likewise on the mainsail of any such boat. any year, IV. And be it enacted, That every pilot who shall by neg- Penalty on lect permit or suffer his boat to be out of repair, or deficient pilot suffering in any necessary tackle or equipment, or shall suffer such boat his boat to be to be out of his possession or control between the fifteenth or deficient in day of April and the fifteenth day of December in tackle, &c. each and every person so offending, shall forfeit and pay for each and every such offence a sum not less than ten shillings, nor more than two pounds, the same to be recovered, with costs of suit, before any one of Her Majesty's Justices of the Peace, or Commissioner of small debts, for the County wherein such pilot shall be resident, on the oath of any one credible witness, and shall be paid into the treasury of this Island, to and for the use of Her Majesty's Government. 3A 3 pounds thereof to the use of such officers of customs or excise, and the remainder of such penalty shall be paid into the treasury, and remitted to the use of the proprietor of the copyright, in the way and manner as in the second foregoing clause of this Act is provided. IV. And be it enacted, That at the time of the entry of any reprint of any book or review as aforesaid, it shall be lawful for the officers passing such reprint, to stamp the same, and the collector of excise at Charlottetown shall furnish to the several officers who may require the same, the form of stamps. necessary for such service. Every reprint, &c., legally imported, to be stamped by officer. V. And be it enacted, That this Act shall not go into force Suspending or operation, until Her Majesty's assent be signified thereto. This Act received the royal allowance on the 31st day of August, 1848, and the signification thereof was published in the Royal Gazette newspaper of this Island, on the 5th of December of the same year. clause. CAP. XXIX. An Act for vacating the seats of members of the Assembly in certain cases therein mentioned, and to repeal a certain Act formerly passed for that purpose. E it enacted, by the Lieutenant Governor, Council and 7 W. 4, c. 13. Assembly, that an Act passed in the seventh year of the Repeals Act of reign of His late Majesty King William the Fourth, intituled 7 W. 4, c. 13. 46 An Act for vacating the seats of members of the Assembly in certain cases therein mentioned, and to repeal a certain Act heretofore passed for that purpose," shall be, and the same is hereby declared to be repealed. II. And be it enacted, That from and after the passing of this Act, any member of the House of Assembly, who shall accept of any of the offices of profit or emolument under the Crown, as set forth and described in this Act, save and except those mentioned in the fourth clause of this Act, shall be incapable of taking or holding his seat in the General Assembly of this Island, while in such office, unless re-elected after his acceptance thereof. Vacates seats of members of Assembly ac cepting any of the offices en umerated in this Act. Offices of profit contemplated by this Act. III. And be it enacted, That the offices of profit or emolument contemplated by this Act shall be the following offices, or emolument or appointments in this Island, and no other, that is to say: The office of Attorney General, or Solicitor General. The office of Colonial Secretary or Registrar, or Clerk of the Executive Council, The office of Treasurer, deputy Treasurer, or clerk in the treasury, or any office connected with the treasury. Not to vacate seat of mem cases. The office of Clerk of the Crown, or Prothonotary of the Supreme Court. The office of Surveyor General. The office of Provost Marshal. The office of Registrar in the Court of Chancery. The office of collector, or comptroller of Her Majesty's customs, or any office connected with Her Majesty's customs, or subcollector of such customs, in and for any port, place or district within this Island. The office of Queen's printer. The office of collector of impost, or excise, in and for any port, place or district in this Island. The office of deputy Postmaster General, or of the person who shall have the control, management, direction or superintendence in and over the Post office department in this Island, the office or appointment of clerk, or the office of any person directly or indirectly concerned and employed in and about such Post office department. The office of Coroner for either of the Counties. The office of Correspondent for road commissioners. The office of Commissioner of small debts, for any Court or Courts. The office of adjutant general of militia. The office or appointment of visiter of schools for either of the Counties. The office or appointment of commissioner for establishing the boundary lines of townships, or parts of townships, under any Act or Acts of this Island. The office or appointment of auditor of the treasury or public accounts, and any other office for which there shall by law be provided an annual salary of the amount of twenty pounds or upwards. IV. And be it enacted, That nothing herein contained shall extend, or be construed to extend, to vacate the seat of any ber in certain member of the House of Assembly, who may accept a commission or appointment in Her Majesty's army or navy, or who shall accept of a seat in Her Majesty's Executive Council, or who may accept any office, which is now, or may be hereafter rendered compulsory or obligatory, by the imposition of any fine or penalty by any law of this Island. V. And be it enacted, That any member of the House of Assembly, who shall hereafter either directly or indirectly enter into any contract for the performance of any public work within this Island, or who shall become surety for the same, shall vacate his seat in the said House of Assembly, in the same manner, and under the same regulations, as are provided for by this Act, in cases where he shall have accepted any office of emolument under the Crown. VI. And be it enacted, That the Judge, or Assistant Judge Who are deof the Supreme Court, or any one who may be appointed to clared incapathe office of Master of the Rolls in Chancery in this Island, ble of holding are hereby declared to be incapable of holding or taking a seat sembly. in the House of Assembly. VII. Provided always, and be it enacted, That this Act shall not extend or be construed to extend, to vacate the seat of any member of the present, or any future House of Assembly, who may be reappointed to any office which he may have previously held when chosen or elected a member of such respective House of Assembly, or to vacate the seat of any member of the present or any future House of Assembly, who may be appointed to any office, the duties of which shall be similar, without any increase of salary, to those of any office which he may have previously held when chosen or elected a member of such respective House of Assembly, although the name or designation of such office may have been altered or changed prior to such new appointment. VIII. And be it enacted, That when it shall be declared by the House of Assembly, or when information shall be given to the Speaker, for the time being, under the hands of any two members of the Assembly, that any member thereof hath accepted any one or more of the offices of profit or emolument, as set forth and described in this Act, either during the session or recess of the Legislature, that then, and in every such case, it shall be lawful for the Administrator of the Government for the time being, and he is hereby required, within seven days next after information thereof shall be by him received in writing, under the hand of the Speaker of the House of Assembly, to issue a writ for the election of a member or members to fill the place or places which may be so vacated as aforesaid. a seat in As This Act not to vacate the seat certain cases. of member in Mode in which vacancies are to be filled up. member of As under insolvent Act. IX. And be it enacted, That if any member of the Assem- Vacates the bly shall make application for relief under any insolvent Act seat of any of this Island, in writing, and signed by such member, addres-sembly applysed to the Supreme Court of this Island, or to any of the ing for relief Justices thereof, or to any Commissioners appointed for the relief of insolvent debtors, such application shall be deemed to be evidence of such member's insolvency, for the purposes of this Act, and he shall be held to have vacated his seat in the House of Assembly; and the Justice or Justices of the Supreme Court, or any Commissioner receiving such applica- preme Court, tion as aforesaid, shall, and they are hereby required forth- &c. to certify with, to certify the same in writing to the Speaker of the such applica House for the time being, or in case of his death or absence, to the Administrator of the Government for the time being, who is hereby required in such case to proceed as is directed Justices of Su tion. in the eighth clause of this Act, to fill the place or places which shall be so vacated, under the provisions in this clause contained. 8 Vie., c. 4. Repealed by 23 Vie. c. 16. CAP. XXX. An Act to repeal an Act made and passed in the eighth year of the reign of Her present Majesty, intituled "An Act to authorize the Commissioners of small debts, in their respective Courts, to appoint bailiffs to execute the processes of the said Courts, and to take security from such bailiffs for the due execution of the same," and to make other provisions in lieu thereof. Amended by 15 57 G. 3, c. 4; also Act of 6 W. 4, e. 13; CAP. XXXI. An Act to repeal the Acts for the admission of Barristers, Attorneys and Solicitors, and to make other provisions in lieu thereof. BE E it enacted, by the Lieutenant Governor, Council and Assembly, That an Act made and passed in the fiftyRepeals Act of seventh year of the reign of his late Majesty King George the Third, intituled "An Act to regulate the admission of Barristers, Attorneys and Solicitors," also, an Act made and passed in the sixth year of the reign of his late Majesty King William the Fourth, intituled "An Act to amend the Law relating to the admission of Barristers, Attorneys and Solicitors, and to regulate the admission of Advocates and Proctors in the Courts of Vice Admiralty and Courts of Probate in this Island," and also, an Act made and passed in the fifth year of the reign of her present Majesty, intituled "An Act to amend an Act passed in the sixth year of the reign of his late Majesty King William the Fourth, intituled An Act to amend the Law relating to the admission of Barristers, Attorneys and Solicitors, and to regulate the admission of Advocates and Proctors in the Courts of Vice Admiralty and Court of Probate in this Island,'" be, and the same are hereby repealed. and also Act of 5 Vic. c. 21. Qualifications of persons to be admitted. II. And be it enacted, That from and after the passing of this Act, no person who shall study law in this Island, for the purpose of being admitted an Attorney of the Supreme Court thereof, shall be so admitted, unless he shall have so studied with some Barrister of the said Court for the full term of four years, if such person be a graduate of any college with |