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
assessors, to be appointed by the governor of the said island, from time
to time; which chief judge, together with any one of such assessors,
shall have full power and authority to hear and determine all pleas by
this act cognizable by the said court of civil jurisdiction; and shall
have such clerks, and other ministerial officers, as the chief judge
shall think proper to appoint; and that such salaries shall be paid to
the chief judge aforesaid, as his Majesty, his heirs and successors,
shall approve and direct; and such salaries be paid to the assessors, and
to the clerks, and ministerial officers aforesaid, as shall be approved
by the said chief judge, with the consent of the governor of the island
of _Newfoundland_; which several salaries shall respectively be in lieu
of all other profits and emoluments whatever; and such court shall be
a court of record, and shall have all such powers as by the law of
_England_ are incident and belonging to a court of record; any thing in
the said first-mentioned act contained to the contrary notwithstanding.
[Sidenote: The manner in which the court is to proceed.]
2. And be it further enacted, That the said court shall proceed by
complaint in writing, and by summons of the defendant, in all cases
where the complaint is for a sum under five pounds; and by arrest of the
defendant, and attachment of his goods and debts, or of his effects in
the hands of any other person, where the complaint is for more than the
sum of five pounds; and such court shall have power and authority to pass
judgement, and give costs, in such pleas, and award execution, either by
levy and sale of the goods and chattels, or arrest of the person of the
plaintiff or defendant, and also of the goods, debts, and effects of the
defendant so attached.
[Sidenote: An appeal to his Majesty in council may be made, where
judgement is given for more than 100_l._]
3. Provided always, That in all pleas, where the sum for which judgement
shall be given shall amount to more than one hundred pounds, it shall be
lawful for the plaintiff or defendant, as the case may be, to appeal to
his Majesty in council, and upon notice of such appeal being signified to
the chief judge of such court, within fourteen days after such judgement
passed, and security given, to the satisfaction of the said chief judge,
for prosecuting such appeal, the execution of such judgement shall be
stayed.
[Sidenote: While the governor is resident, disputes concerning seamen’s
wages to be heard only in the court of civil jurisdiction; when he is
not resident, they may be heard in the court of session.]
Public-domain text, read in full here on John Shaqi.
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