History of the government of the island of Newfoundland: With an appendix containing the Acts of Parliament made respecting the trade and fisheryReeves, John
History
History of the government of the island of Newfoundland: With an appendix containing the Acts of Parliament made respecting the trade and fishery
Reeves, John
Fisheries -- Newfoundland and Labrador -- Newfoundland, Island of; Newfoundland, Island of (N.L.) -- Politics and government
21. And be it further enacted by the authority aforesaid, That, in case
any libel, information, or other suit or proceeding whatsoever, shall be
commenced and brought to trial, in the court of vice admiralty in the
said island of _Newfoundland_, on account of the seizure of any ship,
vessel, boat, or goods, for the condemnation of the same, for any of the
causes herein-before mentioned, wherein a decree shall be pronounced for
or in favour of the defendant or defendants, claimer or claimers thereof,
and it shall appear to the judge or court, before whom the same shall be
tried, that there was a probable cause for seizing the said ship, vessel,
boat, or goods, the judge before whom the said cause shall be tried shall
certify on the record that there was a probable cause for the seizing
of the said ship, vessel, boat, or goods; a copy of which certificate
shall be delivered to the prosecutor, under the hands and seals of
such judge or judges; and that, in such case, the defendant shall not
be intitled to any costs of suit whatsoever, nor shall the person or
persons who seized such ship, vessel, boat, or goods, be liable to any
action, indictment, or other prosecution, on account of such seizure;
and that if any action, indictment, or prosecution, shall be brought or
preferred against any person or persons, who shall have obtained such
copy of such certificate as aforesaid, in any of his Majesty’s courts in
_Great Britain_, such copy shall be admitted in evidence on behalf of
the defendant or defendants, and shall have the like force and effect
as the certificate on record would have had in the case of such action,
indictment, or other prosecution, being brought or preferred in the
island of _Newfoundland_.
[Sidenote: Plaintiff gaining a verdict shall not be intitled to costs, if
there was probable cause of seizure.]
22. And be it also enacted by the authority aforesaid, That if any
action, indictment, or other prosecution, shall be commenced and brought
to trial against any person or persons whatsoever, on account of the
seizure of any such ship, vessel, boat or goods, wherein a verdict shall
be given against the defendant or defendants, if the court or judge
before whom such action or prosecution shall be tried shall certify on
the record that there was a probable cause of such seizure, that the
plaintiff, besides his ship, vessel, boat, or goods, so seized, or the
value thereof, shall not be intitled to above two-pence damages, nor to
any costs of suit, nor shall the defendant in such prosecution be fined
above one shilling.
[Sidenote: Limitation of actions. General issue. Treble costs.]
Public-domain text, read in full here on John Shaqi.
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