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VOL. 1. EDWARD REILLY,

QUEEN’S PRINTER. No. 35.

Charlottetown, Prince Edward Island, Thursday, Angus

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LAWS or Barnes EDWARD ISLAND.

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An Act for shortenin Deeds.

’ HEREAS the numb er of statutes relating I

to the exeCution .of deeds ofland sold by

Sheriffs under execution for the payments of

debts is very great, and'the recital of such stat- utes in such deeds tends to great prolixity and unnecessary expense:

I. Be it therefore enacted by the Lieutenant Governor, Council and Assembly, that any deed already executed by any Sheriff, of any lands

sold under and by virtue of any execution issued

forth on any judgment in the Supreme Court, or any deed hereafter to be executed, shall be valid, although the several acts relating thereto

be not recited and particularly set forth in such

deed, provided that it appear therein that such deed was executed by the said Sheriff as Sheriff.

II. In all deeds to be executed after the pass- ing of this act, it shall be declared therein, that such deed is executed by the said Sheriff as such Sheriff, by virtue of, and in obedience to the - execution therein recited, and of all acts of the General Assembly, and of all other powers and authorities in anywise thatbehalf enabling him.

III. The recitals in such deed shall be made as short and concise as is consistent with a clear and distinct statement of the facts intended to be set forth, and the said several deeds shall be in the form, and to the effect of the Schedules to this act annexed, marked (A), or as near there- to as the circumstances of the case permit.

1V. Any deed now or hereafter to be ex- ecuted by any Sheriff shall be valid, although the same has been executed by the Deputy Sheriff, and it shall not be necessary to prove

a power under the hand and seal of the said

elanguage of Sherifl‘S,

_ ._.__._ __-__.._. --.__ ._—‘

him to execute such deeds ; but general evi- dence of such. Under or DeputySheriff having acted on such in the execution of writs or other process, shall be sufficient evidence of his ap- pointment as Deputy Sheriff, and of his au- thority to execute such deed for and in the name of the Sherif ‘.

V. The Deputy Sheriff of any late Sheriff, may execute any such deed for and in the name of the said Sheriff, in like manner as if his principal then held the office of Sheriff.

VI. Appraisements of land, and all returns to executions shall shortly set forth the facts required to be stated therein, and shall as far as the circumstances of the case permit, be to the effect of Schedules hereunto annexed, marked (B) and respectively, and all ap- praisements and returns now made, shall be ' deemed to be as valid as if they had been made; " subsequently to the passing of this act, and had then complied with this section.

VII. ' N 0 such deed already executed or hereafter to be executed by any such Sheriff, shall be void by reason of i the unis-recital or non-recital of any statute or of any matter re- quired to be done by such Sheriff in the pre- mises ; but if the said Sheriff or late Sheriff, or Deputy Sheriff, (if such deed be executed by him,) shall at any time make oath to beindors— ed upon saiddeed, and sworn beforea Commis— sioner for taking affidavits in the Supreme Court, or the Register of Deeds, that the said lands and premises therein mentioned, were regular- lyseized, appraised, advertised and sold in every respect as by law directed, (according to the Schedule hereunto annexed marked D), then such deed, Whether executed before or after the passing of this act, when produced in any court, shall be prima facie evidence of all the facts therein stated, and that all things were ldone according to law, and the onus of proving

Sheriff to the said Deputy Sheriff, authorising any defect in any proceeding or matter requir-