Page images
PDF
EPUB

Bazette

When agent

not liable for
goods.

Attachment

in Sheriff's

on defend

ant's debts.

to pay.

Duty of She-
riff.

Cap. 7.

36th VICTORIA.

1873

XXVIII. The agent or trustee of such absent or absconding debtor shall not be held liable to his principal for any goods or credits so as in this Act mentioned, taken out of his hands or control by process and judgment of law.

XXIX. If an attachment be issued, it shall, on hands a lien coming into the Sheriff's hands, operate as a claim or lien in favor of the plaintiff upon all debts owing to the defendant by any person or Sheriff to persons in this Island, and the Sheriff shall insert give notice in the Royal Gazette newspaper, for three succesto defendant's debtors sive weeks after he receives the writ, a notice to all parties indebted to the defendant to pay to him the sums due from them respectively, into the hands of him, the said Sheriff, or of such person to be appointed as a trustee by a Judge or the Court, at or within seven days after the return of the writ; and any sums which the Sheriff shall receive from any such debtors, he shall, at or within seven days after the return of the writ, pay into Court in the suit to abide the order of the Court or a Judge thereof, and at or at any time after the return of the writ,the Court or a Judge on application of the plaintiff may appoint tee of defen- some person to be trustee of the defendant's debts, dant's debts. who, on giving notice of his appointment in the Royal Gazette for three successive weeks, shall have power to to receive, demand, sue for, and recover the same from the several parties, debtors, in his own name, as trustee of the defendant, and shall, from time to time, when required so to do, by order of the Court or a Judge, pay into the hands of the Prothonotary of the Court such amounts as he shall receive to the credit of the suit, and to abide by a further order of a Judge Allowance to or the Court, and such trustee shall be allowed such amount for his commission and expenses as the Court or a Judge shall order.

Court may

appoint trus

Duties of
trustee.

trustee.

moneys paid

XXX. Upon final judgment being obtained, and Power of security in case of reversal being given, as afore- Court over said, the Court or a Judge may order the whole into Court. or a sufficient part of the moneys which may have been paid into Court, to the paid to the plaintiff in satisfaction, or part satisfaction of his debt and costs, and in case thereafter any surplus remains in Court, then such surplus may be ordered to be paid to some subsequent creditor, by summons or attachment, or to the defendant himself or his agent, or otherwise according to the exigencies of the case, as the Court or a Judge, at discretion, shall order and direct.

XXXI. If special bail, as aforesaid, be put in, the Court or a Judge may order money to be paid over to the defendant, deducting expenses.

If bail put in, order money

Court may

be paid to defendant.

9, not to af

XXXII. The said Act, referred to in the first Repeal of 20, section of this Act, shall remain in force, in re- Geo. 3, cap. gard to all former cases, and all pending suits, fect pending and for the purpose of completing all pending suits. suits thereunder, the proceedings in which, to the end, shall be in accordance with the repealed Act.

XXXIII The Act shall be known and cited as Title of Act. "The Absent Debtor Act 1873."

SCHEDULE (A).

ATTACHMENT.

Prince Edward Island)

County. S

Victoria, by the Grace of God, of the United King- Form of Atdom of Great Britain and Ireland, Queen, De

fender of the Faith.

tachment.

To the Sheriff of

County, greeting:

We command you that you attach the goods, chattles and estate of

absconding debtor, to the value of
also to summon the said

found in you bailiwick, to appear

an absent or

and if to be

before us in

our Supreme Court of Judicature, to be be held at

[blocks in formation]

Hereof fail not, and make due return of this writ and your doings therein, according to the law, into our said Supreme Court at

the

and have then there this writ.

on

[blocks in formation]

Form of
Summons.

Prince Edward Island

County.

Victoria, by the Grace of God,of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith.

To the Sheriff of

County, greeting :

of the said

We command you that you summon

agent, factor, or trustee of

Island, an absent or absconding debtor, to anon his declaration against the the said

swer

said having in his hands or under his management, houses, goods, effects and chattles of the said

which are not exposed to view, so as they may be attached, and that the said

may

appear in his proper person before us in our Supreme Court of Judicature, to be holden at

on

and by an Act intituled "The Absent Debtor Act, 1873." Hereof fail not, and make due return of this writ and your doing thereon, according to law.

Witness

the day

in the

year of our reign.

CAP. VIII. .

An Act for appropriating certain moneys therein mentioned for the service of the year of our Lord One thousand eight hundred and seventy-three.

May it please Your Honor:

WE,

[Passed June 14, 1873.]

E, Her Majesty's dutiful and loyal subjects, the House of Assembly of Prince Edward Island, towards appropriating the several supplies raised for the exigencies of Her Majesty's Government, do humbly beseech that it may be enacted :

I. And be it therefore enacted by the Lieutenant Governor, Council and Assembly that, by and out of such monies as, from time to time, shall be and remain in the Public Treasury of this Island, there shall be allowed and paid for the services hereinafter mentioned the several sums following:

The salary of the Lieutenant Governor of this Salary Lieut. Island for six months, three thousand four hun- Governor. dred and seven dollars.

М

Chief Jus

tice.

As't Judge &

Master
Rolls.

The salary of the Chief Justice for six months, nine hundred and seventy-three dollars and fifty

cents.

The salary of the Assistant Judge and Master of the Rolls for six months, eight hundred and eleven dollars and fifty cents.

The salary of the Assistant Judge and Vice As't Judge & Chancellor for six months, eight hundred and eleven dollars and fifty cents.

Vice Chan

cellor.

The salary of the Attorney and Advocate Att'y Gen- General, one thousand one hundred and thirtysix dollars.

eral.

Sol. General.

Col. Secretary.

Col. Treasur

er.

Prothon'tary

Clerk of
Crown.

Collector of
Impost &c.

Register of
Deeds.

1st. Assistant.

2nd Aissistant.

Road Correspondant.

The salary of the Solicitor General, six hundred and forty-nine dollars.

The salary of the Colonial Secretary, nine hundred and seventy-four dollars.

The salary of the Colonial Treasurer, nine hundred and seventy-four dollars.

The salary of the Prothonotary of the Supreme Court, eight hundred dollars.

The salary of the Clerk of the Crown, five hundred and twenty dollars.

Salaries of the Collectors of Impost and Excise at Charlottetown, Georgetown and Bedeque, for six months, nine hundred and ninety dollars.

The salary of the Registrar of Deeds and Keeper of Plans, six hundred and forty-nine dollars.

The salary of the First Assistant to the Registrar of Deeds and Keeper of Plans, five hundred and seventy dollars.

Salary of the Second Assistant to the Registar of Deeds and Keeper of Plans, four hundred and eighty-seven dollars.

Salary of the Road Correspondent, three hundred and twenty-five dollars.

« PreviousContinue »