intituled "An Act relating to the limits and rules of jails in 12 Vic. c. 1. this Island," will shortly expire, and it is necessary to continue the same: Vic. c. 1. I. Be it therefore enacted, by the Lieutenant Governor, Coun- Continues 12 cil and Assembly, That the said herein before recited Act shall be and the same is hereby continued for the space of ten years from the passing hereof, and from thence to the end of the then next session of the General Assembly, and no longer. CAP. XXII. An Act in addition to an Act relating to the office of Sur- 1 Vic. c. 15, rogate and Judge of probate of wills, and for granting letters of Administration. W [Passed April 17th, 1855.] WHEREAS it hath become necessary to invest the Surrogate and Judge of probate of wills with power to impose costs, in cases argued before him: rogate, &c., to of costs in cases heard before order payment him, &c. I. Be it enacted, by the Lieutenant Governor, Council Empowers Surand Assembly: That in all cases that may hereafter be argued before, heard or determined by the said Surrogate and Judge of probate, it shall be discretionary with him whether or not he shall allow the costs of such argument or hearing to the proctors or advocates of the said parties, and the fees of witnesses for attendance and mileage, at the same rate as are allowed in and by the practice of the Supreme Court of this Island; and in case, the said Judge shall think fit to allow any such costs or fees, it shall be lawful for him to grant an order for the payment thereof, and upon neglect or refusal to pay the same at a day to be appointed in the said order, then the said Surrogate and Judge may, upon affidavit of service of such order, and of refusal or neglect, on demand being made, to pay the amount therein contained, issue a process of contempt against the person or persons so refusing or neglecting to obey such order; such process to be executed in the same manner as pointed out in the said Act to which this Act is an addition; and the parties, against whom such process shall have issued, shall be committed to prison till they shall have complied with the requisites of such order. CAP. XXIII. An Act authorizing the appointment of additional Coroners WHEREAS, from the increase of population it is deemed necessary to increase the number of Coroners in this Additional Copointed for the roners to be ap several Coun ties. Coroners appointed hereunder to reside Island: Be it therefore enacted, by the Lieutenant Governor, I. From and after the passing of this Act it shall and may be lawful for the Lieutenant Governor in Council, from time to time, to appoint one or more Coroners in and for each of the Counties of Prince, King's and Queen's County respectively, in addition to the persons now holding that office in the said several Counties. II. All Coroners appointed under this Act shall reside in their respective Counties, and shall use and be invested with in their Coun- and entitled to, all the powers, privileges, perquisites and emoluments of right belonging to the said office of Coroner. ties. Nearest Coro quest. III.. That in all inquests hereafter to be held the Coroner resident nearest to the place where the deceased person shall ner to hold in- have died, shall be the Coroner having authority to hold the inquest upon such deceased person; or in the absence of such last mentioned Coroner out of his County, or in the event of his being incapacitated from acting, by illness, interest or otherwise, then such inquest shall be held by such Coroner whose residence shall be next nearest to the place of the death of the deceased as aforesaid. Expenses of inquest to be paid out of treasury. Coroners to transmit par ticulars of inquest to Lieut. IV. The costs and expenses now by law chargeable for holding inquests on the bodies of deceased persons shall hereafter be paid out of the public treasury of this Island, after the same are certified in the usual manner; any law, usage, or custom to the contrary thereof notwithstanding. V. It shall be the duty of all Coroners holding inquests under the authority of this Act, to transmit the proceedings and finding of the same to the Lieutenant Governor in Council, in order to their publication, if thought necessary. CAP. XXIV. An Act relating to stamped instruments. [Passed April 17th, 1855.] WHEREAS it sometimes occurs that deeds and instruments in writing, relating to real or personal estate situate in this Island, or to transactions pending therein, are signed and executed in the United Kingdom of Great Britain or Ireland, or in some of the dependencies thereof, or in some foreign country or dominion, and by revenue laws of the said United Kingdom, or dependencies, or foreign country, or dominion, are liable to certain stamp duties, and it occurs that such deeds or instruments are offered in evidence in Courts of justice in this Island, and doubts have arisen whether such deeds or instruments are admissible in evidence, in case the same shall not have been duly stamped, according to the law of the said United Kingdom, or its dependencies, or of such foreign country or dominion, wherein such deeds or instruments. shall have been executed : in I. Be it therefore enacted, by the Lieutenant Governor, Council and Assembly, That for the removing of all such doubts as aforesaid, no deed or instrument hereafter to be used any Court of Justice in this Island, or upon the arbitration of any case, cause or matter at issue between any parties therein, shall be inadmissible in evidence, by reason of the same not having been stamped for duty according to the revenue law or laws of the kingdom, country or dependency in which such deed or instrument may have been executed. CAP. XXV. An Act to incorporate the Charlottetown Mechanics' Institute. This Act remains in force, but has been printed in the volume of private and local Acts, pursuant to Act 24 Vic., c. 3. CAP. XXVI. An Act to repeal the Act empowering the Administrator of the Government, in certain cases, to shut up such roads or parts of roads as are no longer required, and to make other provisions in lieu thereof. BE [Passed April 17th, 1855.] it enacted, by the Lieutenant Governor, Council and Assembly, and by the authority of the same, as follows: I. That where a line of road has been opened or altered in this Island, and any old line of road shall in consequence thereof have been abandoned by the public, or become thereby unnecessary as a general thoroughfare, and such new or altered line of road shall have been made equally as good and passable as the old line, any of the proprietors or occupants of land adjoining the old road may, by petition, stating the facts and the names of all parties interested in the lands on either side of the road, apply to the Lieutenant Governor in Council to shut up or otherwise dispose of the same; which petition shall be accompanied by an affidavit, that at least thirty days' previous notice, in writing, of the application has been given to the parties interested or occupying lands on said old road, and posted up in In case of any person opposing same by notice in wri ting, Lt. Govpoint 3 persons to inquire into ernor to ap the case. Notice of applitwo public places near the road; and notice of the said application, &c., to cation and petition shall then be given by the Government, by be given. causing the same to be advertised for three consecutive months in the Royal Gazette newspaper of this Island, and if, on or before the expiration of the said three months, no person or persons shall have notified in writing his, her or their opposition to the closing of the old line of road, and that he, she or they will be injured thereby, then it shall be lawful for the Lieutenant Governor in Council, if he think fit, to make an order to close the said old line of road; but if any person or persons, before the expiration of the said period of three months, shall notify the Lieutenant Governor in Council in writing of his, her or their intention to oppose the closing of the said old line of road, and shall state in such notification that he, she or they will be injured or sustain damage by the closing thereof, then the Lieutenant Governor shall nominate and appoint three fit and proper persons, one of whom shall be a commissioner of roads, not being parties in any way interested, who shall, within fourteen days after their appointment, having given at least six days' previous notice thereof, by advertisement in the Royal Gazette newspaper of this Island, and by causing the same to be posted in two public places contiguous to the said road, at a day, hour and place to be mentioned in said notice, and the place being near to said road, duly attend, and shall hear the parties applying and their witnesses, and also the parties opposing and other parties interested, if they shall desire it, and their witnesses, and shall also examine said old line of road, and shall make report of such their investigation and opinion thereon, and as to whether any and what parties will be damaged by the closing of the said road, to the Lieutenant Governor in Council; who, after considering the said report, if it shall appear that no material injury or damage will be sustained by closing the road, may make an order granting or modifying the application for closing the road, as the justice and circumstances of the case may require; but if it shall appear, that any party will be really and materially injured by closing the road, or if, in the absence of private damage or injury, any other consideration of public convenience may weigh with the Lieutenant Governor in Council, then he shall make an order, dismissing the application for closing the road; and in case of an order being made for closing such old line of road, then it shall be lawful for the proprietor or proprietors of the lands on each side of the old line of road to stop up and enclose the same in front of their respective properties; and if more than one proprietor, then to take share and share alike in proportion to the extent of the fronts of their lands respectively: provided, that the right of tenure to the soil of such road so shut up shall not be affected by this Act. Power of Lt. when no material injury will be sustained by Governor, &c. any person. and a better of roads for the in Council. II. That where any line of road already established, or Where a public hereafter to be established, shall be irregular, or hilly, or other road is irreguwise bad and defective; and the party through whose land the lar or hilly, &c. same may pass, shall offer a different and preferable line of line is offered, road through his land, less irregular and less hilly, or in any commissioner other respect better than the old line, then the commissioner of district to lay roads for the district, on application to him made for that pur- the case before pose, and on a plan of the old line and of the proposed line of Lt. Governor road being furnished to him, shall lay before the Lieutenant Governor in Council his opinion respecting the application, and also the said plan; and it shall thereupon be lawful for the Lieutenant Governor, with the advice and consent of the Council, if he shall think the same advisable, to issue an order to the said commissioner of roads, authorizing and requiring him to accept the new line of road; and the said commissioner, whenever the same shall be made equally as good and passable as the old road, shall cause the new line to be opened to the public, and the same shall thereupon become a public way and thoroughfare; and the person or persons giving the new line may thereupon enclose so much of the old line of road as runs through his or their lands respectively. What shall be deemed evi dence of the closing of any such line of road. III. That the entry or minute of Council, containing any such order of the Lieutenant Governor of this Island for the time being, in Council, authorizing and requiring any road or part of a road to be altered, stopped up, or discontinued as aforesaid, or a true copy thereof, certified by the clerk of the Council, shall be received as evidence of such alteration, stoppage or discontinuance of roads or parts of roads having been made pursuant to law, and shall be deemed and held as final and conclusive in that respect by all Courts within this Island. IV. That the Act of the General Assembly of this Island, Repeals 3 W. 4, passed in the third year of the reign of His late Majesty King William the Fourth, chapter the twenty-third, shall be, and the same is hereby repealed. c. 23. An Act in addition to, and amendment of, the Act regulating Continued by the laying out and altering of highways. [Passed April 17, 1855.] 24 Vic. c. 23. HEREAS the Act of the fourteenth Victoria, chapter one, passed to regulate the laying out and altering of Preamble. highways, after enacting the mode in which the same shall be done, and how, by the verdict of a jury, the damages or advantages, if any, accruing to persons through whose lands roads may be run, shall be ascertained and assessed, provides |