Controller of customs, &c., to keep account of fees, &c. paid to him, &c. Office of controller of cus toms, &c., to be kept in Colonial Building. Lt. Governor, a surveyor of ping. Power to re. move same, and to make new appointments, &c. Fees to be taken For recording every bill of sale, mortgage or other document VIII. The said controller of customs and navigation laws shall keep an exact and correct account in a book of all fees, payments and emoluments whatsoever, paid or payable to him or into his office under this Act, which shall at all times be open to the inspection of the Government of this Island, or any person or persons appointed by it to inspect the same; and he shall account for, and pay over the amount of such fees, payments and emoluments to the Treasurer of this Island quarterly, on the first days of July, October, January and April, or within ten days from such periods, respectively in each year, the amounts so paid to be applied to the use of the Government of this Island, in such manner as shall be ordered by any Act or Acts of the Legislature thereof; and in case he shall refuse, or wilfully neglect to keep such books as aforesaid, or to allow the inspection thereof as aforesaid, or to account with, and pay over to the Treasurer in manner as herein mentioned, he shall, for every such neglect or refusal, forfeit and pay to Her Majesty the sum of fifty pounds over and above the amount of any deficiency in the said moneys so by him payable, the same to be recovered by bill, plaint or information in the Supreme Court of this Island, to and for the use of Her Majesty's Government thereof. IX. The office of controller of customs and navigation laws for Charlottetown shall be kept in the Colonial Building, in Charlottetown, and shall be opened on such days as shall be appointed for that purpose by the Lieutenant Governor in Council, from ten o'clock in the morning to four o'clock in the afternoon. X. After the passing of this Act, it shall be lawful for the Lieutenant Governor, with the advice and consent of the Executive Council, to nominate and appoint a fit and proper person within this Island to superintend the survey and admeasurement of ships, in conformity with the provisions of the said recited Act of the Imperial Parliament of Great Britain and Ireland. XI. The Lieutenant Governor, with the advice and consent aforesaid, shall have power to remove any person so appointed to superintend the survey and admeasurement of ships as aforesaid, from his office, and to appoint another person to fill up any vacancy occurring in such office, from such removal, or from death or resignation. XII. Any person to be appointed to superintend the survey by surveyor of and admeasurement of ships in this Island, under the provi sions of the Imperial Act hereinbefore recited, intituled "An British shipAct to consolidate and amend the Acts relating to merchant ping. shipping," shall receive and take as a remuneration to him for his services to be performed, no other or greater fees than those following, that is to say: For certificate of the survey of a vessel under one hundred tons, ten shillings and six pence. Of a vessel of one hundred tons, and under two hundred tons, fifteen shillings. Of a vessel of two hundred tons, and less than three hundred tons, seventeen shillings and six pence. Of a vessel of three hundred tons and upwards, one pound one shilling. Mileage to make survey, for each mile travelled, one shilling. CAP. XVII. An Act to consolidate and amend the laws relating to the manner of proceeding upon controverted elections of members to serve in the General Assembly. [Passed April 17, 1855.] BE it enacted, by the Lieutenant Governor, Council and Assembly, as follows, that is to say: I. The Act of the seventh Victoria, chapter twenty-three, Repeals 7 Vic. intituled "An Act to regulate the manner of proceeding upon c. 23; controverted elections of members to serve in the General Assembly," and the Act of the eleventh Victoria, chapter se- also, 11 Vic. c. venteen, in amendment thereof, shall be, and the same are 17. hereby repealed. No petition against the remember to be received after the expiration of 14 days from opening of Assembly, &c. turn of any II. No petition against the election or the return of any member to serve in the House of Assembly shall be received after the expiration of fourteen days after that appointed for the opening of the Colonial Parliament, for the despatch of business, or after the expiration of fourteen days next after that on which the return of the election of such member shall have been notified to the House, nor unless it be signed by six electors, at least, (being duly qualified, according to law), of the electoral district or town and royalty within this Island for which the controverted election or return shall have been held or made; and the legal qualification of such electors shall be certified by them on oath before any Justice of the Peace, who is hereby authorized to administer such oath, in the form prescribed by the law of this Island; and a certificate of the Certificate of taking of such oath, under the hand of such Justice of the oath to be anPeace, shall be annexed to the petition, which shall not be nexed to petireceived if this form be not observed, and every such petition tion. No petition against election or return to be received, unless accompanied by bond. Condition of bond. Sureties to justify, and before whom. Bond, &c. to be valid against petitioner and sureties. Petitioner and shall set forth the allegations and reasons, by which such petition is to be supported; and if the House of Assembly shall resolve that the said allegations and reasons, if well founded, are sufficient to render such election or return void, it shall appoint a day for taking the petition into consideration, and the day shall be such as to afford sufficient time for the parties and witnesses to attend before the House or Committee, according to the distance of the place whence they are to come, and the same shall be notified by the Clerk of the House, as well to the sitting member or members, whose election or return shall be contested, as to the petitioners; and the House of Assembly shall proceed to hear, try and determine such contestation, during the session in which it shall be commenced, or during any subsequent session of the same House, if it cannot be determined during that in which it is so commenced. III. No petition against the election or return of any member to serve in the House of Assembly shall be received unless it be accompanied by a bond, in due form, entered into before the Speaker of the House of Assembly, or before one of the Judges of the Supreme Court of Judicature, by which bond the petitioner or petitioners shall bind himself or themselves, under a penalty of one hundred pounds, with two good and sufficient sureties, under a penalty of fifty pounds each, to appear and prosecute his and their complaint, and to pay such sum of money as the House of Assembly shall adjudge, to the person or persons against whom such a complaint shall have been made, if the petitioner or petitioners shall fail; and the said sureties shall, at the time of signing the said bond, which shall be in the form prescribed in the schedule to this Act annexed, justify their efficiency, on oath, before the said Speaker, who is hereby authorized to administer such oath, or before the said Judge, as the case may be, who shall receive such bond, and shall certify the whole under his hand. IV. The said bond or recognizance, when so taken, shall be good and valid against the said petitioner or petitioners and sureties, so entering into the same; and after the House of Assembly shall have decided the controverted election, respecting which such bond or recognizance shall have been given, the amount of costs incurred in consequence of the same, and certified under the hand of the Speaker, as hereinafter directed, shall and may, in case of nonpayment, be sued for and recovered in Her Majesty's Supreme Court of Judicature of the said Island, by or at the suit of Her Majesty, her heirs and successors, or of any other party, as the case may be, in favor of whom such costs shall have been adjudged by the House of Assembly. V. The petitioners shall, within a time to be fixed by the sitting member House, place in the hands of the Clerk thereof a list of the their witnesses. witnesses whom they intend to call; and the opposite party to furnish Clerk shall do the like within the same time; and it shall be the of Assembly duty of the Speaker to issue an order under his hand, addressed with lists of to the Serjeant-at-arms attending the House of Assembly, or his deputies, enjoining him or them to summon the witnesses named in such list to appear on the day and at the hour fixed for the trial of the contestation; and if such witnesses, after being duly summoned, do not appear or give sufficient excuse (of which the said House shall be judge), such of them as make default shall incur a penalty which shall not exceed the sum of one hundred pounds, the same to be recovered by bill, plaint or information in any Court of competent jurisdiction, and to be paid into the treasury of this Island, to and for the use of Her Majesty's Government: provided always, that no witness shall incur any penalty, if such petitioner, or the party summoning him, shall (being thereunto required), have refused to advance him at the rate of three pence per mile, for each mile such witness shall have to travel from his place of residence, to attend before the committee and return again: moning witnesprovided also, that each party shall deposit in the hands of the Clerk of the House the sum reasonably necessary, in the judgment of the Speaker, to defray the expenses of summoning the witnesses of such party, which shall afterwards be taxed by the Speaker of the House, reserving to the House itself the right of deciding finally, which of the parties shall pay the whole amount of such expenses. Each party to deposit with Clerk of Assemcient to defray expense of sum bly a sum suffi ses. to contest peti VI. When any member shall have signified in writing Sitting member under his hand to the Speaker, that he does not intend to signifying his contest the petition presented against his return, he shall intention not not be admitted as a party against such petition at any tion not to be time, or during the course of any subsequent proceedings, admitted a parand shall not sit or vote in the House of Assembly at any &c. time, before the final decision of such contestation. ty against same votes deemed VII. The parties shall, within the time mentioned in Parties to exthe first section, exchange lists of all the votes, to whom either change lists of of them intend to object before the said House, with the objectionable. reasons of such objection, and a statement of all other things and incidents, on which either of them intends to insist, or to contest before the said House. petition. VIII. In all contestations brought before the House of Mode of trial Assembly relative to elections the House shall refer the taking of contested of the inquest to a committee of the whole House, out of elections on which the chairman shall be appointed, and the chairman and members shall be sworn by the Clerk of the House, who is hereby authorized to administer such oath; and the oath of the said chairman and of the members of the said committee shall be to enquire diligently, and without favor or Mode of examining witnesses in such cases. House to deter costs, and Speaker to certify same. partiality, into the facts relative to the order of reference, and to make a true and faithful report of the inquest by them taken, and of their opinion thereon. IX. The witnesses shall remain outside of the House, and when called in, they shall, before they are examined, be sworn at the bar by the clerk of the House: provided, that when any member of the House shall be a witness, he may be sworn and examined in his place. X. After the House shall have decided the controverted mine amount of election, it shall determine the amount of costs incurred in consequence of the same, and the Speaker shall certify the amount under his hand, and such certificate shall be evidence of such costs in favor of those to whom they shall have been adjudged by the House, in any Court having authority to award judgment and execution for the same: provided always, that if the election of one or more members shall be declared void by the said House, only by reason of facts which shall have happened without the knowledge, participation or consent of such member or members, he or they shall not be condemned to pay any part of the costs. Punishment of this Act. XI. Every person who shall be guilty of wilful perjury in perjury under giving any evidence, after being sworn under the authority of this Act, shall be liable to the pains and penalties attached by the laws in force in this Colony to the crime of wilful and corrupt perjury. Continuance of XII. This Act shall continue and be in force for the space of ten years from the passing thereof, and from thence to the end of the then next session of the General Assembly, and no longer. CAP. XVIII. An Act to facilitate the partition of lands held by persons as joint tenants, coparceners or tenants in common.* BE the [Passed April 17th, 1855.] E it enacted by the Lieutenant Governor, Council and I. That all persons holding lands as joint tenants, tenants in common or coparceners, may be compelled to divide the lands under this same in manner provided in this Act. Partition of statute. Proceedings to be commenced by petition to Supreme Court. II. Any one or more of the persons so holding lands may apply by petition to the Supreme Court for the County where the lands lie for a partition of the same, and such Court may *For other statutes on this subject, see 30 G. 3, c. 3; 36 G. 3, c. 4; and 6 Vic., c. 26, s. 37. |