While this question of the competition between the fishing admirals, and the justices, was agitated, _Mr. Fane_ also was consulted, respecting the distinct jurisdiction of these officers, and he agreed in opinion with the attorney-general; he also at the same time delivered an opinion that is worth remembering; namely, that all the statute laws made here, previous to his majesty’s subjects settling in Newfoundland are in force there; it being a settlement in an infidel country; but that as to the laws passed here, subsequent to the settlement, he thought they would not extend to that country, unless it was particularly noticed[58]. The question then will be, _when_ did this settlement take place? And it may be urged, that the policy having all along been to prevent settlement, and that persons should resort thither only for the fishing season, there is to this purpose a settlement commencing annually; and that in truth, British subjects carry with them the laws of this country, as often as they go thither; if so, all the law of England, as far as it is applicable to the state and circumstances of Newfoundland, is constitutionally and legally of force there. This was a question of much importance, but it has since been settled by the wording of the act of last session for establishing a court there; which court is to determine according to the law of England, as far as the same is applicable to the island. [Sidenote: A commission of oyer and terminer proposed.] Nothing material appears respecting the civil government of Newfoundland, till the year 1737, when the board of trade listened to the representation that had frequently been made by the governor, of the inconvenience of sending over to England for trial, persons who had committed capital felonies. In such cases the witnesses were glad to keep out of the way; the felon was sent to England, without any person to prove his guilt; a great expence was incurred, justice was disappointed; or if the fact were proved, the poor witnesses was left to get back as they could, with the expence of their voyage and residence, and the certain loss of one season’s fishing.