EDWARD WHELAN, QUEEN'S PRINTER. 
     
    
   
   
    
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     VOL. 1. -—— NO. 25. 
     
    
   
   
    
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     Charlottetown, Prince Edward Island, \Vednesday, August 28, 1867. 
     
    
   
   
    
     i” 
     
    
   
   
    
       
     
    
   
   
    
     LAWS OF PRINCE EDWARD ISLAND. 
     
    
   
   
    
       
     
    
   
   
    
     mm “I‘- 
     
    
   
   
    
     An Act to diminish the delay and ex- 
     
     pense of proceedings in the Court of 
     
    
   
   
    
     Chancery in this Island. 
     
     [Passed May 17. 1867- 
     
    
   
   
    
     HEREAS proceedings in the Court of 
     
    

    
     Chancery in this Island are sometimes 
     
    

    
     attended with delay and expense which it is 
     
     expedient to diminish :— 
     
    

    
     I. Be it therefore enacted, by the Lieutenant 
     
     Governor, Council and Assembly, that it shall 
     
     be lawful for persons interested, or claiming to 
     
     be interested, in any question cognizable in 
     
     the said Court, as to the construction of any 
     
     Act of Parliament, Will, Deed or other In‘ 
     
     strument‘, in writing, or any article, clause, 
     
     matter or thing therein contained, or as to the 
     
     title, or evidence of title, to any real or 
     
     personal estate contracted to be sold or other- 
     
     wise to be dealt with, or as to the parties to, 
     
     or the form of, any deed or instrument for 
     
     carrying 'such contract into effect, or as to 
     
     any othermatterfalling within the original juris- 
     
     diction of the said Court as a Court of Equity, 
     
     or made subject to the jurisdiction or authority 
     
     ' of the said Court by any‘statute, and including 
     
     among such persons all lunatics, married 
     
     women and infants, in the manner and under 
     
     the restrictions hereinafter contained, to con- 
     
     cur in stating such question in the form of a 
     
     special case for the Opinion of the said Court; 
     
     and- it shall also be lawful for all executors, 
     
     administrators and justices to concur in such 
     
     case. 
     
    
   
   
    
     II. The Committee of the estate of any 
     
     lunatic interested, or claiming to be interested, 
     
     in any such question as aforesaid, may, after 
     
    
   
   
    
       
     
    
   
   
    
       
     
    
   
   
    
       
     
    
   
   
    
     having been authorized in that behalf by the 
     
     Chancellor or Master of the Rolls of this 
     
     Island, concur in such case in his own'name 
     
     and in the name and on the behalf of the 
     
    
   
   
    
     lunatic. ‘ 
     
    
   
   
    
     Ill. A'husband interested, or claiming to be 
     
     interested, in right of his wife, in any such 
     
     question'as aforesaid may concur, in such case, 
     
     in his own name and in the name of his wife, 
     
     where the wife has no claim to any interest 
     
     distinct from her husband, and that a married 
     
     Woman having or claiming any interest, in any 
     
     such question as aforesaid, distinct from her 
     
     husband maxi-n her own right concur in such 
     
     case, provided that her husband also concurs 
     
     therein. 
     
    
   
   
    
     IV. The guardian of any infant interested, 
     
     or claiming to be interested, in any such ques— 
     
     tion as aforesaid may concur, in such case, in 
     
     the name and on the behalf of the infant, unless 
     
     such guardian has an interest in such question 
     
     adverse to the interest of the infant therein. 
     
    
   
   
    
     V. It shall be lawful for the said Court, by 
     
     order to be made in the matter of any lunatic 
     
     not found such by inquisition or by such other 
     
     mode as is directed by any statute of this 
     
     Island, or in the matter of any infant, upon the 
     
     application of any person on behalf of such 
     
     lunatic, or upon the application of such infant, 
     
     by motion or petition to appoint any person, 
     
     shewn by affidavit to be a fit person and to 
     
     have no interest adverse to the interest of the 
     
     lunatic or infant, to be the special guardian of 
     
     such lunatic or infant, for the purpose of con- 
     
     curring in such case in the name and on behalf 
     
     of the lunatic or infant, and any such person 
     
     so appointed may lawfully so concur, providing 
     
     always that it shall be lawful for the said