A 
     
    
   
   
    
     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,