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
23. And it is hereby further enacted by the authority aforesaid, That if
any person or persons shall, at any time or times, be sued or prosecuted
for any thing by him or them done or executed in pursuance of, or by
colour of this act, or of any matter or thing in this act contained, such
action or prosecution shall be commenced within the space of three months
after the offence shall have been committed; and in case the person or
persons making such seizure as aforesaid shall have quitted the said
island of _Newfoundland_ before the expiration of three months from the
time of the offence committed, then that such action or prosecution shall
be commenced within three months after his or their return to _Great
Britain_; and such person or persons shall and may plead the general
issue, and give this act and the special matter in evidence for his and
their defence, and that the same was done in prosecution and by authority
of the said act: And if it shall appear so to have been done, then the
court shall adjudge and decree, or the jury shall find, in the courts
of _Great Britain_ or _Newfoundland_ respectively, for the defendant or
defendants; and if the plaintiff shall be nonsuited, or discontinue his
action, libel, or other proceedings in the courts of _Great Britain_ or
_Newfoundland_, after the defendant or defendants hath or have appeared,
or if judgement shall be given upon any verdict or demurrer against the
plaintiff, the defendant or defendants shall recover treble costs, and
have the like remedy for the same as the defendant or defendants hath or
have in other cases by law.
[Sidenote: Fines and forfeited goods, _&c._ how to be applied.]
24. And be it further enacted by the authority aforesaid, That all and
every the fines or penalties inflicted by this act, or by the acts
herein-before recited, and to be levied upon the seamen or fishermen,
except those for neglect of duty; and that such ships, vessels, or goods,
as shall be seized, condemned, and forfeited as before mentioned, except
such the distribution whereof is otherwise directed by this act, shall be
given, one moiety to the informer, and the other moiety to the Governor
of _Newfoundland_ for the time being, to be applied, under the direction
of such Governor, in defraying the passages home of such person or
persons as by this or any former act are directed to be sent back to the
country to which they belong.
[Sidenote: Part of the act of 15 _Geo._ III. repealed.]
Public-domain text, read in full here on John Shaqi.
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