Not more than Courts to be each County. Six Small Debt constituted in Courts, where to be held, and On what days of the Month they shall hold their Sittings. Three Commis- sioners to be ap Court. 'II. When and so soon as this. Act shall go into operation, it shall and may be lawful for the Lieutenant Governor for the time being, by and with the Advice and Consent of Her Majesty's Executive Council of this Island, to constitute and appoint, within each of the Counties of this Island, not more than Six Courts for the Recovery of Small Debts, and to declare, by and with the Consent aforesaid, where and in what part of each County the said Courts shall respectively be holden, and also on what Days of each Month the said Courts shall respectively hold their Sittings (so as the several Courts in each County may sit on different days), and to appoint to each Court Three Judges or Commissioners, to adjudicate in each Court-cach Court to have Jurisdiction only within the County in which it is held, except in the Cases hereinafter mentioned: Provided always, that if, by reason of Sickness of the other Commissioners or other unavoidable cause, not more than Two Commissioners shall be present on any Day appointed for the hearing of Cases in any of the said Courts of Commissioners, it shall and may be lawful for the Two Commissioners present to adjudicate upon all Cases to be heard wherein the Parties thereto shall so consent; and every necessary adjournment of the Court Adjournments, shall and may be made by any Commissioner or Commissioners present, where One or more shall be absent by reason of any such cause as aforesaid, or by the Clerk of the Court, where all the Commissioners shall be absent for any such cause as aforesaid. III. In addition to the said Courts, it shall be lawful for the Lieutenant Governor of this Island for the time being, by and with the Consent and Advice of Her Majesty's Executive Council thereof, to constitute one other Court for Two Commisjudicate in certain cases. sioners may ad how made. One additional Court to be con stituted for Queen'sCounty. to be held, &c. the Recovery of Small Debts in Queen's County, Bittings where to hold its Sittings in Charlottetown, and to appoint to such last mentioned Court Five Commissioners to adjudicate therein-any Three of whom shall be a Quorum such Court to have Jurisdiction within Queen's County only, except in the cases hereinafter mentioned. Quorum. Commissioners to take an Oath before exercising the duties of their Office. Certified Copy of Oath to be produced in Court; which shall be sent by Clerk to Protho notary's Office, &c. Form of Oath. Sittings of Courts, where and when to be held, &c. IV. Each Commissioner of Small Debts, to be appointed under the Authority of this Act, shall, before he shall exercise any of the Duties belonging to his Office, take the Oath following, before one of the Judges of the Supreme Court, or one of the Justices of the Peace for the County in which he resides a certified copy of said Oath to be produced in Court before such Commissioner will be allowed to adjudicate; and the Clerk of the Court is hereby authorised to forthwith send said Copy to the Office of the Prothonotary of the Supreme Court, or his Deputy, in the County, who shall record the same: "I, A. B. do Swear, that I will, to the best of my Judgment, faithfully discharge the Duties of a Commissioner of Small Debts for the Time I may be continued in Office, according to Law and Equity, without fear, favor or affec tion. "So help me GOD." V. Each of the said Courts shall hold its Sittings at the Place where the Lieutenant Governor, by and with the Advice and Consent of Her Majesty's Council, shall have appointed the same to be held as aforesaid (except for the hearing of cases of Summary Capias, hereinafter mentioned), once in every Calendar Month, on such day as shall, in manner herein before set forth, be appointed by the Lieutenant Go Courts may adjudicato on all sums not exthe Sittings in March, June, ceeding £20, at vernor and Council for that purpose, and shall sit for as many Days after each Day of Meeting, in each Month respectively, by adjournment, as may be necessary to judge and finally determine the Actions therein pending; and at the Sittings so to be holden in the Months of March, June, September and December, in each and every Year, the said Courts shall and may Try all Actions whereof they may have Jurisdiction under this Act, whether the Debt or Damage claimed exceeds or is less than Eight Pounds; but at the remaining Eight Monthly Jurisdiction of Sittings, to be holden in January, February, to £8, at the April, May, July, August, October and Novem- Sittings. ber, in each Year, shall only try Actions wherein the Debt or Damage claimed does not exceed Eight Pounds. September and other Monthly Commissioners toappoint clerks for their respec tive Courts. Commissioners the acts of such responsible for Clerks. Clerks to be sworn. VI. Each Court of Commissioners to be constituted under this Act is hereby authorized and required to appoint a Clerk, resident at or near to the Place where the Court shall hold its Sittings, to assist in the Management of the Business thereof, for whose Acts the Commissioners making the Appointment shall, at all times, be responsible-which Clerk, when duly appointed and sworn into Office, shall have full power and authority, under the directions of the said Court, to issue Processes, administer Oaths, and exe- Powers of clerks cute Papers of Appeal, Recognizances, and such other Papers as may be required to carry out the Intentions of this Act, in all Matters appertaining to the Court to which he may have been appointed; and for his Services he shall be allowed such Fees as are set forth in the Table of Clerks' Foos. Fees, to this Act annexed; and each Clerk, so appointed, shall and is hereby required to keep Further duty of a Book or Books, wherein he shall enter and record the Names of the Parties, Plaintiff and Defendant, in each Suit before the said Court, Clerks. and the Progress of each Case, from time to time, and the Proceedings taken therein, from its commencement to its final determination, as also the several Orders and Judgments and Executions, that the said Court shall or may make thereon in pursuance of this Act, and of all other proceedings of the said Court, so that a complete Record thereof shall be kept; and the said Clerk shall also take charge of and shall keep an Account, in the said Book or Books, of all Court Fees or Fines payable or paid into Court, and Fees paid or payable to Bailiffs and other Officers of the said Court, and of all MoClerks neglect neys paid into or out of Court; and each and every Clerk as aforesaid, neglecting to keep such Book or Books, shall forfeit a Sum not exceeding Twenty Pounds to the Person who Motle of recov shall be thereby aggrieved-the same to be recovered by Action of Debt, in Her Majesty's Supreme Court of Judicature. Penalty on ing to keep Books. ery of Penalty. Courts. Cases in which Courts shall have no juris diction. VII. The said Courts shall have Jurisdiction Jurisdiction of in matters of Debt and Trover, for the Recovery of Sums not exceeding Twenty Pounds, exclusive of any Interest that may have become due on the principal Debt, not exceeding Six Years' Interest; but not in any Actions brought for the Recovery of any Sum arising upon any Contract or Case where the Title to Real Estate or Boundary Lines must be adjudicated upon, nor to any Sum won by means of any Wager or Gaming, nor to any Penalty incurred by any Act of this Island, unless so directed by any such Act, nor to any Debt whereof there has not been a Contract, Undertaking or Promise to pay within Six Years before the commencement of the Action, if, in the last mentioned case, the Defendant shall plead the same: ProSaves the Right vided always, that if, at the period when a tain partics. Right of Action shall accrue to any Person by of Action of cer virtue of this Act, either of the Parties to such Action be absent in any of the neighbouring Provinces, or in any other parts beyond the Seas, or shall be a married Woman, or a Person of unsound mind, then each and every Person entitled to bring any such Action shall and may, nevertheless, commence the same at any period within Twelve Months next after the termination or removal of any such disability as aforesaid. VIII. And whereas the Laws relating to Distresses for Rent have lately-to wit, by an Act of the General Assembly of this Island, passed in the Fourteenth Year of the Reign of Her present Majesty Queen Victoria, intituled 14 Vic., c. 13. An Act to regulate the Costs of Distresses levied for Payment of Rents and to amend the Laws relating to Distress,-been so regulated as to afford additional Security, both to the Landlord and Tenant, in all Proceedings thereunder, and by the Law relating to such Distresses, Landlords are restrained from Selling Property taken by them as Distress, save and except at certain specified periods of the Year, and under Proceedings by Distress the Tenant can, if Injustice be done, replevy his Goods and Chattels taken, and have the Justice or Injustice of the Demand tried in the Supreme Court before a Jury And Whereas it is desirable and just that Questions between Landlord and Tenant, on Contracts for the Payment of Rent or otherwise, should, as much as possible, be excluded from the Jurisdiction of the Courts to be constituted under this Act, wherein neither the Landlord nor the Tenant can have the advantage of having their Cause submitted to a Jury of the country: Be it therefore enacted, That no Action or Suit-except the same commences by Capias, as hereinafter mentioned-for any No Action for menced in such Rent to be com |