Beven Years Act 9 Vio. cap. 27. in the Ninth Year of the Reign of Her present Majesty Queen Victoria, intituled An Act to make provision for the Regulation of Seamen shipped on board of any Ship or Vessel owned in or belonging to Prince Edward Island, whilst such Ship or Vessel shall be within the Precincts of the said Island, and which was continued by an Act passed in the Thirteenth Year of the said Reign, intituled An Act to continue several Acts therein mentioned, be, and the same is hereby further continued and declared to be in force for the space of Seven Years from the passing hereof, and from thence to the end of the then next Session of the General Assembly, and no longer, Preamble. CAP. V. An ACT to consolidate the Laws now in force regulating the Sale of the Interest of Leaseholders, when taken in Execution. W [February 11, 1852.] HEREAS the Laws now in force regulating the Sale of the Interest of Leaseholders, when taken in Execution, will shortly expire, and it is deemed expedient to repeal the same, and to make provisions in lieu thereof, in order that Leases and Terms for Years should not be Sold under Execution in the same way as Goods and Chattels, which in the absence of Provisions on the subject would be the case, and would be productive of much inconvenience: Be it therefore enacted, by the Lieutenant Governor, Council and Assembly, as follows: I. The Act, Fifty-ninth George the Third, Chapter Seventh, and also the Act, Eighth George the Fourth, Chapter Seventh, are hereby severally repealed, save and except and in so far as the said Acts are declared to be in force, for the purposes hereinafter mentioned. any II. From and after the passing of this Act, no Leasehold Interest or Term of Years in Lands, Tenements or Hereditaments hereafter to be taken in Execution within this Island, shall be exposed for Sale until the expiration of Twelve Calendar Months after the same shall have been so taken in Execution. Repeals Acts 59 and 8 Gov. 4, cap. 7. Geo. 3, cap. 7, No Leasehold Interest taken in Execution to be sold until the expiration of 12 Mouths. Sheriff shall ad for Sale. III. Whenever any Leasehold Interest or Term of Years shall be taken in Execution, the Sheriff, vertise the same Coroner, or other proper Officer, to whom such Writ of Execution shall be directed, shall duly advertise the same for Sale, pursuant to this Act, and in the manner directed by Law in such cases respecting Freehold or Real Estates taken in Execution within this Island. IV. If the Premises so taken in Execution, or any part thereof, shall have been previously underlet by the Defendant or Defendants named in any such Writ of Execution to any underTenant or under-Tenants, whose Term or Terms shall not have expired at the time of such Execution being levied, then the Sheriff, Coroner, or other proper Officer, shall notify such UnderTenant, or Under-Tenants, that he, she or they must attorn, and become Tenants to the Plaintiff or Plaintiff's named in the Writ of Execution; and the said Plaintiff or Plaintiffs shall from thenceforth until Sale, or other sooner determination of the Suit, have the like power and authority to recover and receive the Rents payable by such Under-Tenant or Under-Tenants, Rents payable or so much thereof as will satisfy the Execution, by Under-Tenauts as will satisfy the Exeeution. When Terms of in Execution, Sheriff to return the Writ within tor levy made as the Defendant or Defendants named in such Writ had before; and such Under-Tenant or Under-Tenants shall stand absolutely discharged of and from the claims of such Defendant or Defendants for so much Rent as he, she or they shall pay as aforesaid, and which shall be received in liquidation of the Levy marked on such Execution. V. In all cases where Terms of Years are Years are taken taken in Execution, under or by virtue of any Writ issuing out of the Supreme Court of Judicature of this Island, or out of any other Court competent, the Sheriff to whom such Writ is directed shall return the same into the said Court from which it issued within Eight Days after the so taking any Term of Years in Execution as aforesaid, notwithstanding any other Return Day in such Writ contained: Provided that no Covenant, Agreement or Proviso in any such Lease or other Instrument shall prevent the Interest of any such Leaseholder as aforesaid from being Sold, in terms of this Act, to pay his or her just Debts, nor shall the Sale thereof as aforesaid in any case be a forfeiture of such Lease-anything contained in such Lease or Instrument to the contrary notwithstanding. Proviso. Sheriff to Sell Leaseholders, & same to Purchaser. VI. It shall and may be lawful for the Shethe Interest of riff, Coroner, or other proper Officer, at the time execute a Deed allowed by this Act, to expose to Sale the Interest transferring the of any such Leaseholder as aforesaid, and the same shall thereupon be put up to fair Auction, and shall be Sold to the highest Bidder, who shall be declared the Purchaser; and the Sheriff, Coroner, or other proper Officer, shall forthwith execute to such Purchaser, at his (the Purchaser's) expense, an absolute Deed of Sale, or Assignment of such Leasehold Interest, reciting therein the Execution under which the same may have been Sold-which Deed or Assignment shall be good and sufficient in Law to transfer such Leasehold Interest unto such Purchaser, his Executors, Administrators and Assigns; and it shall and may be lawful for the Sheriff, Coroner, or other proper Officer, after such Deed or Assignment shall have been so executed, to enter into the Premises specified in such Deed or Assignment, and to put the Purchaser into quiet and peaceable Possession thereof. VII. And whereas Executions and other proceedings may have issued and been had, and be still pending, relating to the Sale of the Interests of Leaseholders when taken in Execution, under and by virtue of the provisions of the Acts on that subject hereinafter recited, and herein before repealed: Be it therefore enacted, That for the purpose of fully completing and finishing all such Proceedings and Executions, and of Selling all Interests of Leaseholders taken thereunder, and of giving Conveyances thereof, and of fully performing and completing all such Matters and Things as are authorised or required to be done by the hereinafter recited Acts, in relation to any such Executions or other Proceedings as may be had or pending, and may be necessary to be done and performed thereunder, for the carrying on and completion of the same, the Act, Fifty-ninth George the Third, Chapter Seventh, intituled An Act to regulate the Sale of the Interest of Leaseholders, when taken in Execution, and the Act, Eighth George the Fourth, Chapter Seventh, intituled An Act to continue and amend an Act passed in the Fifty-ninth Year of His late Majesty's Reign, intituled "An Act to regulate the Sale of the Interest of Leaseholders, when taken in Execution," shall be and the same are hereby declared to be continued, and to be in full force Duration of Act and effect, until all such Proceedings as aforesaid are fully executed and determined, and for the purpose of sustaining the same-any thing in this Act contained to the contrary thereof notwithstanding. VIII. This Act shall continue and be in force for the period 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. Preamble. CAP. VI. An ACT to facilitate the Intercourse between this Island and the Provinces of Nova Scotia and New Brunswick. W [February 11, 1852.] HEREAS it is of great importance to the Public that there should be maintained a more general and constant Intercourse between this Island and the Provinces of New Brunswick and Nova Scotia than is now maintained through the means of the Packet employed by the Government of this Island, to run with the Mails between the Harbours of Charlottetown and Pictou; and it is expedient to give encouragement to such Persons as will provide and maintain Packet Vessels at the different Stations hereinafter mentioned, which may serve at all times, as occasion may require, for the conveyance of Goods and Passengers to and from this Island, and of any Government Mails or Despatches: Be it therefore enacted, by the Lieutenant Governor, Council and Assembly, That from and after the passing of this Act, it shall and may be lawful for His Excellency the Lieutenant Governor, by Lieut. Governor and with the advice and consent of Her Majesty's &c., to grant a |