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
11. And be it further enacted, That an act passed in the last session
of Parliament, intituled, _An act for establishing a court of civil
jurisdiction in the island of ~Newfoundland~, for a limited time_, which
act was to have continued in force from the tenth day of _June_ one
thousand seven hundred and ninety-one, for one year, and unto the end
of the then next session of Parliament, shall be and continue in force
until the opening of the supreme court instituted by virtue of this act,
and no longer; and every suit or complaint which shall at that time be
depending in the said court of civil jurisdiction, shall and may be
proceeded upon in the said supreme court, in the same manner as any suit
or complaint originally commenced in the said supreme court.
[Sidenote: No court, except the supreme and surrogate courts, to hold
pleas of a civil nature. Vice admiralty court may hold plea of maritime
causes (except for wages), and causes of revenue. Disputes respecting
wages of seamen, _&c._ may be heard in the court of sessions, or before
two justices.]
12. And be it further enacted, That it shall not be lawful for any court
in the island of _Newfoundland_, or islands aforesaid (except the supreme
court and the surrogate courts appointed by virtue of this act) to hold
plea of any suit or complaint of a civil nature, any law, custom, or
usage, to the contrary notwithstanding: Provided nevertheless, that the
court of vice admiralty having jurisdiction in the said island, shall and
may hold plea of maritime causes (except only the wages of seamen and
fishermen, which are to be heard and determined in manner herein-after
directed), and causes of the revenue, as heretofore practised and used:
Provided also, that all disputes which shall arise concerning the wages
of any seaman or fisherman, and all offences which shall be committed
by any hirer or employer of such seaman or fisherman, against this or
any other act, relating to the island of _Newfoundland_, or the islands
and seas aforesaid, or the fishery thereof, shall and may be heard and
determined, and the penalties and forfeitures thereby incurred shall and
may be recovered in the court of sessions, or before any two justices of
the peace.
[Sidenote: Suits for debts not exceeding 40_s._ may be determined in a
summary way, _&c._]
13. Provided also, and be it enacted, That it shall be lawful for the
court of session, in a summary way, to hear and determine all suits for
the payment of debts not exceeding forty shillings, and not contracted
more than one year before the commencement of such suits respectively;
and it shall be lawful for the court of session, or such two justices
respectively, to award costs therein; and such determination and award
shall be final, and shall be carried into execution by attachment and
sale of the goods and effects of the party against whom the determination
was made.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account