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
While the _surrogates_ in the different parts of the island were
administering justice in this manner, the _governor_ had also his court
at _St. John’s_; and, it is easy to believe, that every thing which the
surrogates permitted to themselves, the governor thought himself equally
entitled to do and command. Every matter, civil, and criminal, used to
be heard, and determined in open court before the governor. Where no
special direction was pointed out by law, a person in that situation
was to be commended for striking out such a course as the exigency of
the situation, and the good of the place required. This desire of doing
good sometimes carried the governors further than strict legal propriety
could warrant. They used to preside in the sessions of justices, although
it was from their authority that the commission of the justices issued.
It would be endless and unnecessary to enter into the instances of
irregularity that must follow, when judicatures were instituted in such
a place as this, by persons who had nothing for their guide but the
rectitude of their intentions, and a very honourable disposition.
[Sidenote: Courts of vice-admiralty and session.]
In the year 1765, a custom-house being established at _St. John’s_,
a court of vice-admiralty, (the court of revenue in the plantations)
was placed there. This court, in the absence of the governor, during
the winter, had entertained complaints in other matters than those
peculiarly belonging to it. In this it only followed the example of
the _court of sessions_, where the justices had allowed the hearing of
matters of _debt_, and other subjects of difference of a civil nature.
It was in consequence of this usage, that the parliament afterwards
conferred on the court of vice-admiralty, and the session, a jurisdiction
of a civil nature. By Stat. 15, Geo. 3, c. 32. they have authority to
determine disputes concerning the wages of seamen and fishermen, and the
offences committed by their hirers and employers against that act. This
jurisdiction was taken from the court of vice-admiralty, by Stat. 26,
Geo. 3, c. 26, owing to the unfavourable impressions that had been made
respecting the practice which had prevailed in that court.
Public-domain text, read in full here on John Shaqi.
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