of payment, it shall be lawful for the said Court, or Justice of the Peace, to commit the offender to the jail for the County wherein the offence shall be committed, for any term not exceeding six months, nor less than six days.

XVIII. All fines and penalties, arising under and by virtue of the provisions of this Act, shall be paid, one half to the party suing for the same, and the other half into the treasury of this Island, for the use of the Government thereof.

CAP. IV.

An Act to continue an Act for the regulation of the mackerel 8 Vic., c. 20. fishery.

[Passed April 14, 1856.]

WHEREAS the Act of the eighth year of Her present Ma

jesty's reign, chapter twenty, intituled "An Act for the regulation of the mackerel fishery," will shortly expire, and it is deemed expedient to continue the same: Be it therefore

for ten years.

enacted, by the Lieutenant Governor, Council and Assembly, Act 8 Vic., c. That the said herein before recited Act shall be, and the same 20, continued 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. V.

An Act to continue the Act relating to the laying down, erec- 15 Vic. c. 33. tion and maintenance of buoys and beacons in this Island.

[Passed April 14, 1856.]

WHEREAS the Act of the fifteenth year of Her present Majesty's reign, chapter thirty-three, intituled "An Act authorizing the harbor and ballast masters of the various harbors and rivers in this Island to superintend the laying down, erection and maintenance of the buoys and beacons therein," will shortly expire, and it is deemed expedient to continue the same: Be it therefore enacted, that the said herein recited Act shall be, and the same is hereby continued Vic., c. 33, for for the space of ten years from the passing thereof, and from ten years. thence to the end of the then next session of the General Assembly, and no longer.

CAP. VI.

Continues 15

An Act to increase the stock of the Charlottetown gas light See 16 Vic. c.

company.

This Act remains in force, but has been printed in the volume of private and local Acts, pursuant to Act 24 Vic., c. 3.

19.

CAP. VII.

12 Vic., c. 4,

and see 16 Vic. c. 12.

Certificate of marriage, burial, &c.,

signed by proper officer, to

prima facie evidence of contents, &c.

An Act further to improve the law of evidence.

[Passed April 14th, 1856.] HEREAS it is desirable further to improve the law of

WHEREAS

I. Be it therefore enacted, by the Lieutenant Governor, Council and Assembly, as follows: That a certificate of the marriage of any person married, or of the baptism of any person baptized, or of the burial of any person interred, bebe received as yond the limits of this Island, under the hand of the clergyman, priest or minister who shall have officiated at such marriage, baptism or burial, or of the magistrate or other public officer before whom such marriage may have been contracted or celebrated, or an extract from any register kept for the registration of any such marriages, baptisms or burials, certified by the clergyman, priest, minister or public officer, being the legal custodier thereof, whenever offered in any Court of law or equity in this Island, shall be taken and received as prima facie evidence of the contents thereof.

II. An exemplification of any will under the seal of any Court, whether in this Island or elsewhere in Her Majesty's dominions, or in any foreign country wherein the original will may be of record, or under the signature of the Judge Surrogate, or Clerk or Registrar of such Court, or of the custodier of such will, or the probate of any such will under the seal of any Court of competent jurisdiction, shall be taken and received, whenever offered in any Court in this Island, as prima facie evidence of the execution of such will and of the contents thereof, and also of the death of the testator, unless proof to the contrary be made.

III. It shall not be necessary to prove any seal, or the signature or authority of any officer affixed to any exemplification, probate, certificate or extract, which, by the foregoing section of this Act, is made prima facie evidence of the facts therein stated; but the production of any such document, purporting to be sealed with any such seal, and to be signed by such officer, shall be prima facie evidence of such seal and signature, and of the authority of the officer purporting to have affixed such seal to such document, or to have signed the same.

IV. The seal of any foreign State, and the certificate of the Secretary or any one of the Secretaries of any such State, or of the Executive Government thereof, whenever offered in any Court of law or equity in this Island, to establish the existence and competency of any Court, corporate body, clergyman, priest or minister, officer or officers, his or its identity in rela

tion to any public document, shall be deemed authentic without proof thereof, and shall be received and taken as prima facie evidence of the fact intended to be established thereby, whether such State be a separate sovereignty, or be one of the United States of America, or of any other federation or union of several States.

V. A party producing a witness shall not be allowed to impugn his credit by general evidence of bad character; but he may, in case the witness shall, in the opinion of the Judge, prove adverse, contradict him by other evidence; or by leave of the Judge, prove that he has made at other times a statement inconsistent with his present testimony; but before such lastmentioned proof can be given, the circumstances of the supposed statement, sufficient to designate the particular occasion, must be mentioned to the witness, and he must be asked, whether or not he has made such statement.

VI. If a witness, upon cross-examination as to a former statement made by him relative to the subject matter of the cause, and inconsistent with his present testimony, does not distinctly admit, that he has made such statement, proof may be given that he did in fact make it; but before such proof can be given, the circumstances of the supposed statement, sufficient to designate the particular occasion, must be mentioned to the witness, and he must be asked, whether or not he has made such statement.

VII. A witness may be cross-examined as to previous statements made by him in writing, or reduced into writing, relative to the subject matter of the cause, without such writing being shewn to him; but if it is intended to contradict such witness by the writing, his attention must, before such contradictory proof can be given, be called to those parts of the writing which are to be used for the purpose of so contradicting him: provided always, that it shall be competent for the Judge at any time during the trial, to require the production of the writing for his inspection; and he may thereupon make such use of it for the purposes of the trial as he shall think fit.

VIII. It shall not be necessary to prove by the attesting Instruments witness any instrument, to the validity of which attestation is may be proved not requisite; but any such instrument may be proved by ad- by admission, mission or otherwise, as if there had been no attesting witness thereto.

IX. Comparison of a disputed handwriting with any writing proved to the satisfaction of the Judge to be genuine, shall be permitted to be made by witnesses; and such writings, and

&c.

Comparisons of disputed handwriting may be made and given

in evidence, &c.

7 W. 4, c. 30.

7 W. 4, c. 30, 8. 2.

8. 13.

the evidence of witnesses respecting the same, may be submitted to the Court and Jury as evidence of the genuineness or otherwise of the writing in dispute.

CAP. VIII.

An Act to explain and amend the Statute of limitations of actions concerning real estate.

[Passed April 14, 1856.]

WHEREAS it is enacted by the second section of the

seventh William the Fourth, chapter thirty, that no person shall make an entry or bring an action to recover land but within twenty years next after the time at which the right to make such entry or to bring such action shall have first accrued to some person through whom he claims; or if such right shall not have accrued to any person through whom he claims, then within twenty years next after the time at which the right to make such entry or to bring such action shall have first accrued to the person making or bringing the same; 7 W. 4, c. 30, and by the thirteenth section of the said recited Act it is enacted, that if, at the time at which the right of any person to make an entry or bring an action to recover any land, shall have first accrued, as therein mentioned, such person shall have been under any of the disabilities hereinafter mentioned, that is to say, infancy, coverture, idiotcy, lunacy, unsoundness of mind, or absence beyond seas, then such person, or the person claiming through him, may, notwithstanding the said period of twenty years therein before limited shall have expired, make an entry or bring an action to recover such land at any time within ten years next after the time at which the person to whom such right shall first have accrued as aforesaid, shall have ceased to be under any such disability, or shall have died (which shall have first happened); and whereas it frequently happens that parties claiming a right to land in this Island, and residing beyond the seas, but who have or are represented in this Island by agents duly authorized by them to manage their lands and estates therein, do nevertheless claim to be under disability, on account of such their residence beyond the seas, and therefore entitled to have a longer period allowed to them for bringing an action to recover land, which appears to be unjust and contrary to the spirit of the said

No person having authorized

agent to be

deemed under

the disability

of absence be

yond the seas.

statute:

I. Be it therefore enacted, by the Lieutenant Governor, Council and Assembly, as follows: That no person shall be held or deemed to be or to have been beyond the seas, or to have been or to be under any disability on that account, to bring an action to recover any land in this Island, who shall have been or may hereafter be represented in this Island by

an agent or attorney, duly authorized to manage and look after the lands therein, but the presence of such authorized agent or attorney shall be held and deemed to have been heretofore or to be hereafter in all respects the same as the personal presence in this Island of the party bringing or entitled to bring the action; and if, at the time of the right accuing, the party to whom it accrued or may accrue, shall have been or may be beyond the seas, and shall not have been or may not be represented by any such authorized agent or attorney, and on that account would, in the construction of the said Act, be held and deemed to have been or to be under a disability in that respect, then if such party to whom the right has accrued, or may accrue, or any claiming through or under him, may have been or shall be at any time after the accruing of such right, represented in this Island by such authorized agent or attorney, then and thereupon the disability shall be held and deemed to have ceased, or to cease, as much in all respects as if, under the thirteenth section of the said recited Act the, person to whom such right may have first accrued or shall accrue, as in the said Act mentioned, or any claiming under him, had actually and personally come into this Island or died.

II. In the construction of this Act, a party shall be held and deemed to have been, or to be represented in this Island by an agent or attorney, duly authorized to manage and look after his lands therein, when there has been or shall be any person therein holding a written letter of attorney or other document from him, registered in the office of the registry of deeds in this Island, authorizing such person to manage, or look after, or lease, or sell the said lands, or to do either of the above acts, or any other act, amounting in effect or purport to the same, or either of them, or of the same nature and extent; and a copy of such written letter of attorney or other document, extracted from the books kept in the said office for the Registry of deeds, certified by the said Registrar of deeds to be a true copy of the same as it appears in the books, shall be taken and received in all Courts of law and equity in this Island as evidence, prima facie, that the party giving or executing, or purporting to have given or executed such letter of attorney or other written document, was, at the date when the same may appear to have been registered, represented in this Island as aforesaid.

III. Provided always, nevertheless, that this Act shall not Nothing herein extend to or in any way affect suits, at the time of the to affect pendpassing thereof, pending in any Court of law or equity in this ing suits.

Island.

IV. This Act shall be of no force or effect until Her Ma- When this Act jesty's assent shall have been given thereto, and until the ex- shall go into

15*

operation.