Court may orto appear and der third party maintain or relinquish his claim. decision to be no interest, and which are also claimed of him by some third party, has no means of relieving himself from such adverse claims but by a suit in equity against the plaintiff and such third party, usually called a bill of interpleader, which is attended with expenses and delay: for remedy thereof: I. Be it enacted, by the Lieutenant Governor, Council, and Assembly, that upon application made by or on the behalf of any defendant, sued in Her Majesty's Supreme Court of Judicature, in any action of assumpsit, debt, detinue or trover, such application being made after declaration and before plea, by affidavit or otherwise, showing that such defendant does not claim any interest in the subject matter of the suit, but that the right thereto is claimed or supposed to belong to some third party, who has sued, or is expected to sue for the same, and that such defendant does not in any manner collude with such third party, but is ready to bring into Court or to pay or dispose of the subject matter of the action, in such manner as the Court, or any Judge thereof, may order or direct-it shall be lawful for the Court, or any Judge thereof, to make rules and orders calling upon such third party to appear and to state the nature and particulars of his claim, maintain or relinquish his claim; and upon such rule or order to hear the allegations as well of such third party as of the plaintiff; and in the mean time to stay the proceedings in such action, and finally to order such third party to make himself defendant in the same or some other action, or to proceed to trial on one or more feigned issue or issues; and also to direct which of the parties shall be plaintiff or defendant on such trial, or with the consent of the plaintiff, and such third party, their counsel or attorneys, to dispose of the merits of their claims, and determine the same in a summary manner; and to make such other rules and orders therein, as to costs and all other matters, as may appear to be just and reasonable. II. That the judgment in such action or issue as may be Judgment and directed by the Court or Judge, and the decision of the Court or Judge, in a summary manner, shall be final and conclusive against the parties and all persons claiming by, from or under them. final. If such third party shall not III. That if such third party shall not appear upon such rule or order to maintain or relinquish his claim, being duly appear, &c., the served therewith, or shall neglect or refuse to comply with rule or order to be made after appearance, it shall be any lawful for the Court or Judge to declare such third party, original defen- and all persons claiming by, from or under him, to be for ever barred from prosecuting his claim against the original Court may bar his claim against the dant. lefendant, his executors or administrators: saving, nevertheess, the right or claim of such third party against the plainiff, and thereupon to make such order between such defendant and the plaintiff, as to costs and other matters as may appear just and reasonable. IV. Provided also, that if, upon application to a Judge in the first instance, or in any later stage of the proceedings, he shall think the matter more fit for the decision of the Court, it shall be lawful for him to refer the matter to the Court, and thereupon the Court shall and may hear and dispose of the same, in the same manner as if the proceeding had originally commenced by rule of Court, instead of an order of a Judge. V. And whereas difficulties sometimes arise in the execution of process against goods and chattels, issued by or under the authority of the said Supreme Court, by reason of claims made to such goods and chattels by assignees and other persons not being the parties against whom such process was issued, whereby Sheriff's and other officers are exposed to the hazard and expense of actions, and it is reasonable to afford relief and protection in such cases to such Sheriffs, and other officers: Be it therefore further enacted, by the authority aforesaid, that when any such claim shall be made to any goods or chattels taken, or intended to be taken in execution under any such process, or to the proceeds or value thereof, it shall and may be lawful to and for the Court from which such process issued upon application of such Sheriff, or other officer, made before or after the return of such process, and as well before as after any action brought against such Sheriff or other officer, to call before them by rule of Court, as well the party issuing such process as the party making such claim; and thereupon to exercise for the adjustment of such claims, and the relief and protection of the Sheriff or other officer, all or any of the powers and authorities hereinbefore contained; and make such rules and decisions as shall appear to be just, according to the circumstances of the case; and the costs of all such proceedings shall be in the discretion of the Court. &c., made in pursuance of VI. That all rules, orders, matters and decisions to be made and done in pursuance of this Act, except only the affidavit Rules, orders, to be filed, may, together with the declaration in the cause, if any, be entered on record, with a note in the margin, express- this Act may ing the true date of such entry; to the end that the same may record and be evidence in future times, if required, and to secure and made evidence. enforce the payment of costs directed by any such rule or order; and every such rule or order so entered shall have the force and effect of a judgment, except only as to becoming a charge on any lands, tenements or hereditaments; and in case any costs shall not be paid within fifteen days after notice of the taxation and amount thereof, given to the party ordered 15 Vic., c. 41. CAP. XII. An Act to continue and amend the Act to prevent horses, swine and geese from going at large in Georgetown. [Passed April 15, 1857.] This Act remains in force, but has been printed in the volume of private and local Acts, pursuant to Act 24 Vic., c. 3. 15 Vic., c. 6. 16 Vic. c. 19. CAP. XIII. An Act granting a yearly sum to the New York, Newfoundland and London Telegraph Company. [Passed April 15, 1857.] This Act is in force, but is printed in the volume of private and local Acts, pursuant to Act 24 Vic., c. 3. CAP. XIV. An Act to continue the Act relating to packets sailing between this Island and the Provinces of Nova Scotia and New Brunswick. [Passed April 15, 1857.] This Act continued the 15 Vic., c. 6, for three years from the passing thereof, and from thence to the end of the then next session. CAP. XV. An Act in further amendment of an Act made and passed in the sixteenth year of the reign of Her present Majesty, intituled "An Act to incorporate the Charlottetown gas light company." [Passed April 15, 1857.] 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. XVI. An Act to enable Henry Bessemer to obtain letters patent for the invention or discovery of certain improvements in the manufacture of malleable or bar iron or steel. [Passed April 15, 1857.] This Act has been printed in the volume of private and local Acts, pursuant o Act 24 Vic., cap. 3. CAP. XVII. An Act to continue and amend the free education law. 15 Vic., c. 23. Repealed by 24 Vic., c. 36. [Passed April 15, 1857.] CAP. XVIII. An Act to incorporate the ministers and trustees of the Free [Passed April 15, 1857.] This Act has been printed in the volume of private and local Acts, pursuant to Act 24 Vic. c. 3. CAP. XIX. An Act for the incorporation of certain bodies connected with the Bible Christian Church in Prince Edward Island, and to repeal a certain Act therein mentioned. [Passed April 15, 1857.] This Act remains in force, but has been printed in the volume of private and local Acts, pursuant to Act 24 Vic., cap. 3. САР. ХХ. An Act to explain and amend the Act authorizing the purchase of lands by the Government, and to remove certain 16 Vic., c. 18. doubts as to the powers of the Commissioner of public lands thereunder. [Passed April 15, 1857.] THEREAS in and by the fifth section of the Act of the sixteenth Victoria, chapter eighteen, intituled "An Act Preamble. for the purchase of lands on behalf of the Government of Prince Edward Island, and to regulate the sale and manage- 16 Vic., c. 18. ment thereof, and for other purposes therein mentioned," the Commissioner of public lands, after any tender for the sale of lands has been referred to, and reported on, by him, and the purchase of such lands authorized to be made as therein mentioned, is authorized and empowered, on behalf of the Gov ernment of this Island, to contract for, and purchase the lands tendered for sale, and to enter into all necessary agreements therefor, in writing or otherwise, and to take deeds and conveyances thereof, to and for the intents and purposes set forth in the said Act, and in the form or to the effect in schedule (A), in the said Act contained and set forth, or in any other form which he may think fit, or the circumstances of each case may render necessary or advisable; and all such lands, when so purchased and conveyed by and to the said Commissioner of public lands, under the said Act, shall be held by him for such purposes, and subject to such powers, provisions, regulations and authorities, in every respect as are set forth, contained and declared in and by the said Act concerning the same and whereas, on certain purchases and conveyances of lands heretofore made, agreements were entered into between the Commissioner of public lands and the vendors, or some one or more of them, to the effect, that if any tenants or occupiers of any of the lands conveyed should, within a certain period or periods from the date of the conveyance or conveyances respectively, refuse to attorn to, or recognize the title of the Commissioner of public lands thereunder, that then the said Commissioner of public lands should be at liberty, under the directions of the Lieutenant Governor and Council, at or before the expiration of such period or periods, as the case may be, to reconvey all or any part of the land or lands held by any such refractory tenant or occupier, or more of them, to the vendors, their heirs or assigns, or to them, with certain other parties together with them, or in such manner as they, their heirs or assigns, might direct or appoint: and whereas doubts have been expressed as to the power of the Commissioner of public lands to make such conveyances or reconveyances, or pass any estate thereby, amongst other things on account of the twenty-sixth section of the said recited Act prohibiting the Commissioner of public lands from making sale, to any one person, of parcels exceeding three hundred acres, on any one township; whereas, on the other hand, it is considered that such conveyance or reconveyance does not amount to a sale, within the meaning of the Act, but is only made in pursuance or by virtue of a condition made and reserved by the Commissioner of public lands, on purchasing the lands, and subject to which the same were taken: and whereas, in order to facilitate the working of the said purchase bill, and to preserve the Government from losses and law suits thereunder, it is desirable to remove such doubts, and to declare and establish the power of the Commissioner of public lands in the matters aforesaid, both with respect to purchases and agreements already made and entered into, and those which may hereafter be made ar entered into: Be it therefore enacted, by the Lieutenant Governor, Council and Assembly, as follows: |