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
But a time was coming, when a judicature, that stood on so weak a
foundation, was to be shaken. Though the justices, and the judge of
the admiralty court might never come to England, the governor and his
surrogates necessarily did. In the time of _governor Edwards_, some
persons, discontented with a judgement made by him in court, at _St.
John’s_, and carried into execution by the sheriff there, meant to
redress themselves by bringing an action against the governor for a
trespass in so depriving them of their property. This was to have been
tried at _Exeter_, but it was made up before the case was gone through to
the jury.
[Sidenote: The governors cease to hold courts.]
The governor got well quit of this business, and he proceeded, during
the remainder of his time, to hear causes in person, without the least
doubt or difficulty, as his predecessors had before done. But the minds
of men were changed upon this subject; and his successor _Admiral
Campbell_, 1782, was advised not to take upon him to sit in court, as
his predecessors had done, nor to determine any causes whatsoever. He
substituted in the room of this, a mode which was certainly without
exception; and which, in a country like that, could not fail of having a
very useful, and very extensive effect. The petitions which used to be
brought to the governor in great numbers, upon all sorts of questions
and subjects, were still received as before; but instead of holding a
court, and making decisions, which were to be enforced by the sheriff,
he directed his secretary to hear the complainant, and if necessary, the
party, against whom the complaint was made, and thereupon to write at the
bottom of the petition the governor’s opinion, and give such _advice_,
as if followed, would have the effect of complete justice. Advice and
direction given from such authority was most usually followed; and the
administration of justice was, in a great degree, attained in this mode
of application, without any course of process, as in a regular and open
court.
However, in many cases, this method was not acceptable; and many more
persons began, after this time, to recur to the courts of session, and
vice-admiralty; and these two courts, as they were open all the winter,
presented a more useful, and certain course of redress, than the above
mode of petition. These two courts encreased very much in business from
the beginning of _Admiral Campbell’s_ government.
[Sidenote: Court of common pleas instituted.]
Public-domain text, read in full here on John Shaqi.
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