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
2. And be it further enacted, That it shall be lawful for the governor of
the island of _Newfoundland_, with the advice of such chief justice, from
time to time, to institute courts of civil jurisdiction, to be called
_surrogate courts_, in different parts of the island of _Newfoundland_,
and the islands aforesaid, as occasion shall require, with full power
and authority to hear and determine, in the like summary way, all
suits and complaints of a civil nature arising within the island of
_Newfoundland_, and on the islands and seas aforesaid, and on the banks
of _Newfoundland_; which courts shall respectively be courts of record,
and shall determine according to the law of _England_, as far as the
same can be applied to suits and complaints arising in the islands and
places aforesaid; and the said courts respectively shall be holden by
a surrogate, to be appointed from time to time by the governor of the
said island, with the approbation of such chief justice, and shall have
full power and authority to hear and determine all suits and complaints
cognizable in the said court; and the said court shall have such clerks
and ministerial officers, with such salaries as the chief justice shall
appoint, which salaries shall be in lieu of all profits and emoluments
whatever.
[Sidenote: Mode of proceedings in the supreme and surrogate courts.]
3. And be it further enacted, That it shall be lawful for the said
supreme courts and surrogate courts respectively, when any suit or
complaint shall be depending therein, to cause to appear from day to day,
all persons interested in the matter in dispute, and to examine upon oath
such of them as it shall be deemed proper, for better discovering the
truth, and thereupon, and after due consideration of all circumstances,
to make such order, judgement, or decree therein, and award such damages
and costs, as the case shall require; and that in all cases where the
cause of any suit or complaint shall not exceed five pounds, the party
who is to answer such suit or complaint shall be made to appear in court
by summons, and in all cases where such summons shall be disobeyed, or
where the cause of any suit or complaint shall exceed five pounds, then
that the party who is to answer such suit or complaint may be caused
to appear by attachment of his or her goods, debts, or effects, or by
arrest of the person, and that the execution of any order, judgement,
or decree may be enforced by attachment of the goods, debts, or credits
of the party, or by arrest of the person against whom such order,
judgement, or decree shall be made; and that it shall and may be lawful
for the said chief justice and surrogates respectively, to authorize
some person in his or their absence respectively, to issue process, and
do all acts appertaining to the said supreme court, and surrogate courts
respectively, save and except the enquiring of, hearing, and determining
of any crime or misdemeanor, or any suit or complaint of a civil nature.
Public-domain text, read in full here on John Shaqi.
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