JOHNY INtln‘, QUEEN’S PRINTER.

Charlottetown, Prince Edward Island, May 10, 1865.

VOL. IV.-——No. 314

LAWS OF PRINCE EDWARD ISLAND.

CAP. VI.

An Act in amendment of the Law and the better

advancement of Justice. [Passed April 3, 1865.

L it enacted by the Lieutenant Governor, 7 Council and Assembly, as follows:

I. The first process in every action to be brought against any corporation, in the Supreme Court, shall be by writ ot'Sunnnons, according to the form or to the etlect following, that is to say :—

“ VICTORIA (L.S.) To the Sheriff of County, Greeting:

“ \Ve command you that you summon (here in- sert the name of Corporation) that they be before, &c., to answer J). B., of a plea (&c. as the case may be,) and have then there this writ.

\Vitness, &c.”

11. And every such \Vrit of Summons, may be served on the Mayor,I’resident or other head ofﬁcer, or on the Secretary, Clerk, Treasurer or Cashier ofsuch Corporation, or of any Body Politic, or Corporate, not being established or incorporated within this lsland,and which may enter into contract or engagement, or transact any business therein, by their known or accredited agent or officer, every such writ or summons may be served on such ac- credited agent or officer, or on the person who at the time of such service may be the accredited agent orotlicer ofsuch corporation, or body politic, or corporate, within this Island; and such service shall have the like effect, in every respect, as the service ofsuch summons on the ollicers of any cor-

poration, as is hereinbefore provided.

III. If any corporation should not cause an ap- pearance to be entered, at the return of such writ

or summons, or within twenty days after such re- turn, in every such case, it shall and may be lawful for the plaintiff in the action, upon afﬁdavit bein

made and filed in the Supreme Court, of the due service of such writ, to enter an appearance for such corporation, and to proceed thereupon in like manner, as in personal actions against individuals.

IV..In every action brought by any executor or administrator, in right of the testator or intestate, such executor or administrator, shall, unless the Court in which such action is brought shall other- wise order, be liable to pay costs to the defendant, in case of being non-suited, or a verdict passing against the plaintiff; and in all other cases in which he would be liable, if such plaintiff were suino‘ in his own right, upon a cause of action accruingD to himself; and the defendant shall have judgment for such costs, and they shall be recovered in like manner.

V. Upon all debts or sums certain, payable at a certain time, or otherwise, except where the same accrue for rent of houses, or land, or upon special contracts, the jury on the trial of any issue, or on any inquisition of damages, or the Court or Jud e upon any assessment of damages, may, ifthey shall think ﬁt, allow interest to the creditor, at a rate not exceeding the current rate ofinterest, from the time when such debts or sums certain were payable; if such debts or sums be payable by virtue of some written. instrument at a certain time, or if payable otherwnse, then from the time when demanded of payment shall have been made in writing, so as such demand shall give notice to the debtor, that interest will be claimed from the date of such de- mand, until the time of payment, provided that interest shall be payable in all cases in which it is now payable by law.

VI.. The jury on thetrial of any issue, or on any inquisnion of damages, may, if they shall think ﬁt,