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
16. And be it further enacted, That if any action or suit shall be
brought or commenced against any person for any thing done in pursuance
of this act, such action or suit shall be commenced within six months
next after the matter or thing done; and the defendant in such suit or
action may plead the general issue, and give this act and the special
matter in evidence at any trial to be had thereupon; and if a verdict
shall pass for the defendant, or the plaintiff shall be nonsuited, or
discontinue his action after the defendant has appeared, or if judgement
shall be given, upon any verdict or demurrer, against the plaintiff, the
defendant shall recover treble costs, and have the like remedy for the
same as defendants have in other cases by law.
[Sidenote: No officer of the customs capable of acting as a justice.]
17. And be it further enacted by the authority aforesaid, That no officer
whatever, being in the service of his Majesty’s customs in the island of
_Newfoundland_, shall be capable of acting as a justice of the peace in
and for the said island.
[Sidenote: Continuance of this act.]
18. And be it further enacted, That this act shall continue in
force until the tenth day of _June_ one thousand seven hundred and
ninety-three, and from thence to the end of the then next session of
Parliament.
FINIS.
FOOTNOTES
[1] While this was pending at the board, a letter was read at the
committee from _Sir Lionel Jenkins_, touching the continuance of the
king’s sovereignty, in case the plantation were deserted; wherein is
stated the advantage the French might take by the absence of the English,
and the methods proper to be followed in such case, to maintain the
king’s dominion and sovereignty.
[2] Newfoundland. Ent. in initio. Bund. in initio.
[3] Ent. A. 36 to 58.
[4] Ibid. 58. 68.
[5] Entries A. 447.
[6] Entries, C. 104, 105, 106.
[7] Entries, C. 208.
[8] Ibid. 341.
[9] Entries, D. 30.
[10] Ibid. 33.
[11] Entries, D. 34.
[12] Entries, D. 44 to 54.
[13] Vid. Bund. I. No. 75. vid. ant. p. 7.
[14] Entries, 142, 144, 147.
[15] Entries, D. 249.
[16] Ibid. 272.
[17] Entries, D. 337.
[18] Entries, D. 406, 408.
[19] Ibid. 462.
[20] Entries, D. 480, 496.
[21] Entries, E. 124, 126.
[22] Ibid. 154.
[23] Entries, E. 164.
[24] Ibid. 204.
[25] Ibid. 241, 242.
[26] Entries, E. 416.
[27] Entries, E. 512.
[28] Bund. M. 99.
[29] See Captain Taverner’s Remarks, Feb. 1715-16. Bund. M. 15.
[30] Bund. M. 98.
[31] 8th April 1723. Ent. F. 36.
[32] December 19th, 1728. Bund. O. 34.
[33] Ent. F. 158.
[34] Entries F. 176 to 234. Bund. O. 40.
[35] Vid. ant. pa. 34.
[36] Entries, D. pa. 337.
[37] Entries, D. pa. 344.
This is from Captain Taverner’s Letter of Remarks the 20th of March
1713-4.
[38] Entries, D. pa. 494.
Commodore Scott’s Letter, the 16th of November 1718.
[39] Bund. O. 31. Letter from Lord Vere Beauclerck. St. John’s, 19th
August 1728.
[40] Ent. E. 132. From Captain Kempthorne’s letter, October 1715.
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