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
A new subject of complaint had grown up in Newfoundland—this was the
hearing and determining of _civil causes_. Among all the grievances, and
the expedients for remedying them, during the tract of time we have gone
through, there seems to have been no solicitude or attempt to provide
_a court of civil jurisdiction_. While this place continued merely a
fishery, the causes of action between parties were simple and of less
magnitude; but of late years the population had encreased, and among
the persons resident there were dealings of a mercantile nature to a
great extent, and of a sort to need a judicature, that would command
more confidence than any of the old establishments had been thought
entitled to. There arose therefore, from time to time, discontents upon
this head, and these led to measures that ended in making an intire
new establishment of a court. To make this subject more intelligible,
we should look back to the courts that had hitherto been known at
Newfoundland, the nature and jurisdiction of which were brought under
consideration at this time.
[Sidenote: Review of the Courts of Newfoundland.]
The first regulation that looked at all like a court, was the authority
given by stat. 10 and 11 Will. 3. c. 25. s. 15. to the fishing admirals,
to hear and determine controversies and differences between the masters
of fishing ships, and the inhabitants, or any bye boat-keeper, concerning
the right and property of fishing rooms, stages, flakes, or any other
buildings or conveniency for fishing or curing fish; and if either party
thought himself aggrieved, he might appeal to the commander of any of the
king’s ships belonging to the convoy. This was a civil judicature of a
limited sort—the _adventurers_ or _merchants_, it should seem, were not
liable to it; it was confined also in its object; _debts_ still remained
without any mode of recovery, as well as all other personal wrongs of a
civil nature.
[Sidenote: Fishing Admirals]
Public-domain text, read in full here on John Shaqi.
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