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Fort Havoc (Wallace Hale)

Info The language of the text is the original used by Wallace Hale. Records acquired by the Provincial Archives are not translated from the language in which they originate.

CAP. II.

An ACT to prevent unnecessary delay and expense in proceedings against persons having privilege of the General Assembly.

Passed 19th March, 1827.

Preamble.

WHEREAS the mode of proceeding against persons having privilege of the General Assembly, by Distringas, is extremely dilatory and expensive;

Persons having privilege of General Assembly not entering appearance within 20 days, Plaintiff to proceed as if appearance had been entered.

I. Be it enacted by the Lieutenant Governor, Council, and Assembly, That from and after the passing of this Act, when any Summons shall be sued out against any Member of His Majesty's Council, a Member of the House of Assembly, or other persons having privilege of the General Assembly, if the Defendant or Defendants shall not appear at the return of the Summons, or within twenty days after such return, in every such case, it shall and may be lawful to and for the Plaintiff or Plaintiffs, upon affidavit being made and filed in the proper Court, of the personal service of such Summons, to enter an appearance or appearances for the Defendant, or Defendants, and to proceed thereon as if such Defendant or Defendants had entered his or their appearance.

Not to subject any Member to arrest or imprisonment.

II. Provided, nevertheless, and be it further enacted, That nothing in this Act contained, shall extend or be construed to subject any person whatsoever, entitled to the privilege of the General Assembly, to be arrested, restrained or imprisoned, during the term of such privilege; but that every such person shall continue to be exempt therefrom, in like manner as if this Act had not been made.

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C. 2. Anno VIII. Geo. IV. A. D. 1827.

Index

Preamble.		WHEREAS the mode of proceeding against persons having privilege of the General Assembly, by Distringas, is extremely dilatory and expensive;
Persons having privilege of General Assembly not entering appearance within 20 days, Plaintiff to proceed as if appearance had been entered.		I. Be it enacted by the Lieutenant Governor, Council, and Assembly, That from and after the passing of this Act, when any Summons shall be sued out against any Member of His Majesty's Council, a Member of the House of Assembly, or other persons having privilege of the General Assembly, if the Defendant or Defendants shall not appear at the return of the Summons, or within twenty days after such return, in every such case, it shall and may be lawful to and for the Plaintiff or Plaintiffs, upon affidavit being made and filed in the proper Court, of the personal service of such Summons, to enter an appearance or appearances for the Defendant, or Defendants, and to proceed thereon as if such Defendant or Defendants had entered his or their appearance.
Not to subject any Member to arrest or imprisonment.		II. Provided, nevertheless, and be it further enacted, That nothing in this Act contained, shall extend or be construed to subject any person whatsoever, entitled to the privilege of the General Assembly, to be arrested, restrained or imprisoned, during the term of such privilege; but that every such person shall continue to be exempt therefrom, in like manner as if this Act had not been made.