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Lea diagrammes suivants illuatrent la m*thode. 1 2 3 1 2 3 4 5 6 "^^j S£^ ' L i^sseaa*. Di(.i:sr ur THE LAWS OF NEWFOUNDLAND, rOMPRCHENOINO THE JUDICATURE ACT AND ROYAL CHARTER, THE VARIOUS ACTS OF THE LOCAL LKGISLATl'RK IN ,\MEM)ili:NT OF THE SAME : WITH XOTF,» AND COMMF.XTS, ILI.USTRATIVB AND rXl'I.AXAT»)RT OF TKE PliACTK'K AND DKCISIONS OF TIIF. COIR IS TUKRKOS. WITH AN AIMMINDIX. CoxTAixiX(j rriR Rij.ks and Orpkus op thr Svphrmk ami CkXTRAI. ClKCllT 'JOIRTS, AXD AX ABSTRACT OI' AU. TH3 Acts ok tiik Local LKni.si.ATiKi, xow in fori k ; \mih 'rABi.Es ok thk Acts uisai.i.u\vi;i), rki'eai.kd, EAiitiTUU, AND KXl'lUUl). Uy K. n. AKt'HIBALp, K^q. UtK UAJKSTY's attorney GKNKltAl. Foil XK\VFOI.XUI.*M). ST. JOHN'S, .\K\V1-0LX1)].AMj HUCtCXLVU. ««T ,.:a.w. PaxHTE., st. ,obV,. KtwwrKBu.,. PREFACE. T»a Trnperbl ttatute of the 5 Geo. 4, c. 67, and the Royal Charter isaued in pursuance of it, not only regulate the judicature, ■'*-' ' f*y^^oC.n]nnr. The Courts ^.» ERKATA. *•»?5?e 76, first line of note al 'oot-K„,. « ^^.e ,3, fi„,„ne-Be.e. ^j; :'"'''■"'"' ^^*-- r«^(. 'Oi^iH 1 . , "'«anJ .,^0, insert row,,. ^'-.ion;r„it eVi-st'^c'^' «:;'"'= ^-^^-^ Act the f.n ■ observations upon the propriety oi monuvuiy, i.. .^o.,.,, .^..^ constitution and practice of the CoTirts — observations which •vore natiually suggested by the subjects before mo. During the foxu-tcen years that the Legislative Charter Jias been in existence, the enactments of the Colonial Legislature have so '^cumulated as to render it somefl-hat difficult to distinguish such of ihem as are hi force from those which liuve l)ccpoalcd wliolly or in part, or have been permitted to expire ; and I have tlierefore thought it would be very advantageous to form au abstract and digest •.., , , pi Qualification of nhrrister'i Act > «» Law Society Incorporation Act .q„ Attornies and Solici. t Adraiswon Act 10* Registration of Deeds Act .-L T> ,_^ lOo Keghstration of Deeds (amendment) Act 109 KcpLstration of Deeds (additional) A« ^/as or' \i^d for carrying on the fiThory! ^ ^'■°' "^^^^^'^o^d- ^^it MnJMly may institute a superior court cf judi- cature in New- foundland,— wl'iih Court shall be a court of oyer and ter- miner and ge- neral gaol de- livery. Jurisdiction. 5 GEOKGII IV.. Cav. C7. Supreme court IT A ., i i -^ /• i poin.edby h?s ^^'^ ^^^^j;^^^"^ "^ at least three years standing or fn Majesty, ^ho ^ome of His Majesty's colonies or plantations "f;osLl^ S a^aTptif-'-^PPT'^^^ -^h their offices V H l^J^^^^^^^ point otherj te:,f f ^^^^^^^^^^ ^ P^^ded always, that i{ sSl be 'me foT- ^^'-^'^^^ ^^ ^'^' «°^ successors, Lm time to time as occasion may require., to remo^ and displace any such chief judge or assistant Td'e as aforesaid, and m his stead to appoint any othcT fit and proi^er person, being a barrister^L afores^d o bl tSe OoT.mor of ^,^5J"\^ °^ ^T^' ^^^^ °^ '^'^ ««d court, as he Newfoundland ^^^"^.^y be : And provided also, that in case any such may appoint cmex judge or assistant iudse shall h« oT,o„ / r .... inoer Ne^vfoundland, or die, or^ef^tfch 'his fffi^ ofb^ reason of sickness or otherwise shall become incaoable of performmg the duties thereof, then and ireverTsuch case It shall be lawful for the Governor or acting Govempr of Newfoundland, for the time beinl to nommate and appoint some fit and proper person to act a chjef judge or assistant judge, as\he cJe may be,Tn the place or stead of the judge so being absent dvinl resigning his office or becomrng incapable of ^eiformZ' iutiet^oThi. r°^' until such judgi shall isume Sf dut es of his office or until a successor shall be appointed by II.; Majesty, his heirs and successors ; and the said chief judge and assistant judges shall respcctiv-elv hTve and exorcise such and the like powers and\authoH^ies In Newfoundland and m aU places dependant upon the Government thereof, as any judg? of anv of His Majesty's said Courts of King^ ien?h, Goion Plea and Exchequer ((}) or as the Lord High ChanceUor of T , , t'V't ^'1^^\"' ^'"^^^ °^ exercises in England. Jo-r t -^a^l J — Vf '^-^ 'r?"^ ^"^^^^'^' ^^-^ -^ — s of fact st^ John', by ™i»nayj'e joined between the parties in any action a jury. at law ong.nalfy brought before the said supreme cour" of record, or which may be joined upon a^ny crimS mfon^t..n or prosecution depending in that cXi Shan be tried at the town of Saint John's, in the iS of Newfound and. by a jury of twelve men; and f^r the SSrm.T^ ^'^"^"^ '""^ ^^^"^^ ^^ suits actions, and iul mfoimations, prosecutions, and other proceedings, of Appointment of sessions. to in Vies 5 GEOKGII IV., Cvr. G7. said colony shall from timo m HrJ l^ Governor of the oi violation of any law rolS . .^ ', ^^'^ ^^^^^ch ^"/elat „g to of the RritiXp^f • ™'"& to the trade or revenue Z''^^ "^ '^^ oiuie iJiitihh Colonies or Plantatimi<. in A,« . ^"'^""f Bntish colo- mformation, action or suit sh.ll k! ^ ? ^™"-»ca, such nies in Ameri- by the said cnurt L r , ^^^'"'^ and determined <=^' '° be tried u V ine saiu court, accordm'' to the coursp nf rv,.^„ V- accordinir - m simdar cases in the Courts of V?rT I!? • ^^''''■'''^'"S^ P^''««=d"*g said colonies or plantations and Vw V^n^'^ ^" ^^« ?^^^^^ be lawful for the nartv nr ,' ^- }V^ '^'^ ^^^ may ^-^^i^alty the judgmen or dec^e^of thfT. f ^''^'"^ '^^'^'^'^ ^Y sucli case, to app.alXm fl^ 7^'"''''' '°"^*' ^^ ^"7 the high%ourfo?^tTra ;'^;^tTll\'rr ^\ council, under such and thp ilvir.l "", "»Jcsty in Api>..i. a» are observed in anneal iL.H 'a '"'^ "^"^'""n, Ailrairnlty. ™ °"' "'= ='^'' '^°'"1= of Vice i..c«d "Shfi t d rfkcZiS r a"^ "t"",- '»•'•-"■- place, or territory dcnendnnT ,?,.?' ''"J' ^'^^^^^^ P"'"'''''''' thereof, unless adm^inSSol prEe shalf^ "r "^ ^'"'' '"' duly grafted by the said supreme court fffV'^-^'^'l cases M-here tlie -xecjlor n. 1 .' (P)^d m all Newfoundland, or'^he denend/n^"" 7' ^^-'^^ ^•'" ^^ duly cited, shall re^tt^i"^^^^^ aforesaid; or where thf^ « .f r i "^^^ ^"t probate as from NcWoundird td Te' effe iTofSe^ '^^1 ' shall appear to the said sunr.me com .„ 1 ""'""scd liable to waste, it shall be w,Tf u"* "■"=«■• "nd court to authon's ".fd Ipo ™r 'he re^^'' '"'^ 'Tf"" ""^ ■■■l~^" -c it. SUCK ^anre^'a-n^p^lS, "or 'i^l^^'^^.t ti Of I i / / { ! '* ^ GEORGII IV., Cap. 61 and suhject to such orders and du-ections as shall be mad** by the said supreme court in resoect of f>,o T f . control, or disposal of such effects^ '"''°'^>^' -n;S eouTJ'Iatrh '^ " '""'^^ -acted,-that the said supreme puardian, for court shall have power and authority .. appoint (V>^ infant, and lu-giiardians and keepers for infants and tS M^^ according to the order and cour e obtrvei in l' cases m England; and also to appoint (13)'^^^^^^^^ Sd of'^^T ''' '^' P'^l^^"^^ «"" e^fates of n turaf fooT orunlTst n^g! Z itttSV^ ""''^P^ selve na their^^ffairsT ihi^ r'^d's^^re t?rt shaU have power and authority to inquire of ami rW mme, by inspection of the P^crso^o by sTch IthJr ways and means as to such supreme coSt Tnll ! sx:s -y Ve kwtl^o'^;^'g?.tL7r^^^^^^^ ^^ ^^*^" 7^^ the time beinir of ^ JZrT'J' u''""" 8^^^?"^°^ ^^^ -u. - tbe time being of N^S^^l^li^^ ^^^ ^^it or proclamations to be by him for that purp^sriLue^r 4 to apportion and divide the said colony info Tw '^ ^ Jhstiicts and to fix and ascertainTetundari s'^^d quje:PiWedahvayMhatsth\p^^^^^^^^^^ said colony into such districts as aforesaid be ^o 1 • such manner as to such governor or n.Hn '"' Ki Majesty VIII. — And be it further emrtf.,1 fl,.* •* i. n "ay institute mav be hwf.il fnv Ti; '"7'!^\^'^\cted, that it shall and Circuit court,. J",/ "*^ ^"^""^ toi IIis Majesty, by any such charter or c^ZfTV^r'^'^' ''' "-^^itute^circuit court L each of the three districts in which the <*a,Vl ^oU„ .,Th"| ? f • , ''I" °°"' "' '="'' 'n Mch year by the fi ■'':^':^i:-- ''H^^.^^'i /■afli-.^t":--"? ,.-riS;'i. i;^5S:vfc -i^,- v-«S^ 5 GEORGIl IV., Cap. G7. , j S riS %l,- .rT'^'."^^^^ ^""^'^ «^ record, and to be court, of Miall, (15) mthin the district in which it may be holden f-^'^^'d, excrd.- have and exerc se all such and thn c.,v,„ • • VP\.^"' "'g the same powers and anflmr f^ • ^ i '^""^ Jurisdiction, jurisdiction as jjuwcrs, ana authority, as is hereby vosted in the said the supreme supreme court of Newfoundland tha^u^hout the wl o le f^ '"-P "« cictennmmg of treasons or misprisions of treason? and loniesnotwitt fclonies not withm the benefit of clergy, and ^he^^ •>^"^«' '' S7f:^b'V"""r^ ""^ry ^oun.Sn, ^t, ]" ''•"'■ action, for the brracli or violation of any Act of Parlia- ment relating to the trade and revenue of he S colomes HI Amenca. all which said crimes and offences mfomations, suits, and actions, shall be tried, irquTred N^wf 'ir^i ^^^^?™i^«d in the said supren. .n^,Tof Jse^founcUand, and not elsewhere .vithin .-.. said colony mi^l^meitscUizSe'LT''^',^ ^^^ '^^^ -^'- all issues ^f^^^S^^^^^i^lZ^S^";^ e-s^S circuit iudg^^ufi fj::^^:^^^^^^^^ p- w the rules and course of the law of England as f ir^fl p '""'■ «tua ion and circumstances of the said ?otony ^U pe"m^ ona^tld7(nXf if™^^^^^^ r% '' " /""^--' -^e . ;nisdem;LL ?^C^ ^ ^JlZ^r^^^'^^^^ twelve good and lawful men slrdl nnt n^,.lo, 1 l.^""^' iorcrin.es shall flistrict thereof • ^n^ ^hl tne said colony, or for some justices of the from dme to t .n^ ^n ^''"^"^ J "«t}^^« ^h"" be nominated P-ce and no- bv?Kn *° ''''■'''' ^' ^"^^1 asi^essors as aforesaid ""'^^t^^d bythe M tlic time of cliallciiftc ; and in case of sudi cliaUenm objecfedT:,J-lf ree«VS.eT tf^f" % ^^ ■—'■ ;ts;'oT''r;'"" '- '*= '-'^^^^^^-i^c. ^ governor or arling governor for the lime being a. 6 GEORGII IV., CtP. G7. I if Verdict to be given in open court. Civil actions to It tried by the junj^e of the court alone where j„rv shall not be formed. Evid'ncewhcre the matter at isKiie is above the value of 501 to be in writing. On appeal, do- cuments to be produced. the peace sltal eSoi^V^^^^^^^ «aid justices of ?pen court the same Sh al s K'bv't .t?"' ^ impanneUed for the tri-^l nf L ^ ^^*** J""""" «.;■.! court La '^! 'tt.TnfV^'^', the judge oflhe concur in such verdict 3 , he ^" ^aul assessor,, shall circuit courts reZcSclv^hVn he^''°T'''';»' " '^ "^'^ direction of the r?,'S ? , .?"''"/''° control and of law aris nfin , ,r' "J"''?™ '^"'.'>'- """1 iJ' "■atter. mincdb;2j»4- « ot^an, '"^ *»" >« "»'"- if ..pen "Se trM of t°v ' "'' ''" " ■''''"''" ™»««'. *»« In Yhdlttw TtTf™""''-*'^''''',«°°'' -^S fact shall' rSmS^ri^^'tS iuteT' f court alone and vl,•trl,^.,f .^"J tne judge ot such where the s'um or matte V^ ]f *'"' ^\^" -- action shall exceed or £ nf tlf t J'^ ""'^ '"^^ ^^ cC^jfre-SfeSr*^^^^^^^^^^^^^ be made and allowed undert/.^ ^ ^ -^"^ ^P^,^^^ '^^^ 3 GEORGII IV., Cap. 07. , 7 by the party producing the same, be in like manner authenticated, but marked by such ofBcer as aforesaid as rejected, in order that all such copies may be annexed to the record, as part thereof in case of appeal. XIII. — And be it further enacted, that it shall Tip n ,. . aw ul for the judges of the said circuit courts respec- S'.li^^T^Z tivcjy on the application of either of the parties, plaintiff P"**'" ''«^"" cr defendant, at or before the trial of any issue of fact '"'''',"»°"8'>""' joined m any civil suit or action commenced in the spfd Tn^tVllo, circuit courts respectively, in case such issue is not tried ^^^ J"''8« ""r by a jury, to permit the evidence on such trial to be ^"'"V^'v *"'" recorded and certified as aforesaid, although the sum or ctTd""^ "' matter at issue may be less in value than fifty pounds sterling provided it shall be made to appear to such judge that the judgment, decree, order, or sentence, which may be given, made, or pronounced in such suit or action, may be of such imjiortancc as to render it proper that an appeal should be permitted; and if after giving or pronouncing such judgment, decree, or order, the said judge shall be of opinion that such judgment decree, or order is of such importance as to make it fawfuT for'.)^ ^PP^.al should be permitted, it shall' be Appeal, lawful for the said judge to aUow either of the said parties, plaintiff or defendant, to appeal to the supreme court, m like manner, and under and subject to the Ike rules and regulations, as in and by this Act directed VI other cases of appeal. 1 ■^^^;"rA°^ ^^ ^' further enacted, that dS^ it shall » tf^J^l ^""^ *'^ P't^^ °^ ^'^^'^^' defenV^fo;i.ee"eoi: de endants against whom any judgment, decree, or ""-y ^' had on omer ot the said circuit courts respectively shall be ^"''''''' "°''''*- given, for or in respect of any sum or matter at issue above or exceeding the value of fifty pounds sterlinif to appeal therefrom to the said supreme court, and the party or parties appealing from such judgment, decree or ora.r, shaU within fourteen days^'from the pSsTng thereof, give notice to the adverse party or parties of such appeal, and within fourteen days from and after such judgment, decree, or order, enter into sufficient Iwou^' *°. ^" 'PP^°?^ ^y '^' j^^&^« °f ^he said circuit courts respectively, to satisfy or perform the said jmlgment, decree, or order, in case the same shall be aarmed, or the appejj dismissed, together with such 8 fo^ts. Verdict of jury ;;.)t to be in- quired into. Actions may be removed from one court to another. On «Prtjficate of judge. I>efendantsnot ippearing o;i summons, their Roods to be at- tiched or per- soni arrested. Ac. 6 CTETORCII IV., Cap. fit. pcrfectrdU ^oZZToT.^''W^'''^'' '^"d security otherwise ; aTdtho^^IZT "^'^^ ^' ''P''^' ^^^ "°t inquire in o hear J.? fT *=°"''^ '^'•'*" «"d may law or of & SnJ ,1'?^'" "" 'l"^^^'^"^ ^^ethe, of not admit orre^Se^Tcv^r ^"^^PP^^^ btit shall dered to the cirT, r .. ^. r "^""^f ^^'""^ ^^a« not ten- be brorgluortrhrri fo'S^f ^"^' ^T^ ^^y action therein : Provider fl^ i^^?^ '"^'^ «^»t or ■ court shall not reverse -Uterr' '^"- *^^ '"^^ ^"^P^^'"^ ment of the said 0^00^^ "^'^ if^^J"^^" of a jury, except only for er^or of Taw T '^" ''''^'' the record. "^ °^ ^^^ apparent upon m either of the said rir.?, ? ^ supreme court, or shall be madrtoappea^^^^^^^ --^ it action or suit mJClVt'^ ^u'" ^^^^^ '^^^ may be mpre conVeniePt^^^^^'^ /^''^ ^'^*'°'^ °^ s«it in the saiJstipreme ; t^r Tn """^ ^''f"^^^^ either circuit courts: it shal be Lfi/r' ""'t' «^t^« ^^id permit and allow such actillt\Srt:tT^ *° ^'"^ such other court and Rurh oU , ,^ removed to by the ,-nd,e. 10^:1:^^1^^^^^^'^^: '^''^i proceedings in such action or 3^^ o tK ^ ' ^""^ which such action or s,n> cl,!' u ' • *"^ ^^"^ i»to moved; and th Jeupon Tt s£ be'l ^°??^/^ *° ^' ^- mentioned court and sn.T, T- ^r^"^ ^°'' «»^b last- proceed in such'acSon S s^rS V^^'''^^ ^^^""'^^ ^° feame had been orJSJ^^! ^'^^ ""^"^^^ ^s if the sudi last-meTion"§coaj;'"'"°^^"^^^ '""^ P-^^^^^ed in actbrat7attt,-tsinonf-,'"'?^1: '^'' ^^ ^^ W in the said courL resnectivel^' T^^'^ l^^^ ^' ^^°"^l't demanded shall noTe, worn -W the debt or siim tioned, the defendant or Sda„t? in "'r^'^'- "^'^"- 6uit shall be made to annelr in i ^^"^ ^^^''^'^ «'" summons, to be issuedW ?l ^V^> .action or suit by -preme court^rWe^tVs'^^VS.rsI^'^ ^'^^^ courts resnectivplir o,,'^ c.„ "j T^™; ™^ ^aid circuit or their „™„1 pLc of ° t d ^SS'^ ''* ? '"'' """ , i . ciuuue, ana m all cases -where such 5 GEORCII IV , Cap. 67. or *u- '" "J'"" ^e disobeyed, or where the debt, daTiajre" SS- or nl •' r^' ''T" V" "^ ^'^ "^'^^^^it made by thf f\Z\t P/T^'^l' "'• >"«. her, or their lawful attorney, then the said defendant or detendauts shall be madeTo appear by attachment of his, her, or their (/l)goodl debts, or effects or by arrest of the person of thf saS defendant or defendants ; and in case of his/her or their judged h^ »he said court sufficient to satisfy the del,t or damages, snail be held as security for such debt or aa„K,ges, and shall abide the order, judgmenror decree Ih "T/ 'r^^ ^"^^ attachment, u^nless 'the defen- b^ ;; be 'F.^'^'^ru ^"'\^~~^ ^«°^ '-^"d sufficient pa^, to be approved by such court, to satisfy such if 11 , f ""^ ^'"^^^ been arrested, he she or thnv ttstllt'l'-f "■'''^^^^^ °'\^ ofcustod;until he. sh f:^ udu ro D( approved by such court, to satisfy the in.lo- :s^:r:^;r^;--sia.i.t^^ appear from day to da'y aU p.'tie";; Se ec lirer^^^^^ to examine upon oath any of such l^arties in cS^'surl. ' exammation shall appear "to the said cour neces^arvlr the discovery of the truth, but not otlic" wis" and t W therein 'and nwnrH '"t r'^''' jndgmcnt, or decree u.tiein and award su<;h damages and costs ns Onll l,» charter or letters mf*>rif oa ->f -i \'^^'^-^"^''> "7 sucn for making or lerters patent as aforesaid, or by any order or "'!" * "^de™ 9 la 5 GEORGII IV., c.P. C7. I ^ i sl^all deem pro^erAo mSe ,n f °m '' "^« ^^"J^^^ty orders toucSng^and eoute "L/,'-^''f " '"^^ '""^'^ ^^^ of proceeding ir he said J,?? ^°™' ^^ '"''^""er court-s respectivelv amW '"P^'S'^^ <^«"rt and circuit all indictSsT^Kill^ri?,-?^ "^^ P!-^"gs unon r'^tters to be therein CS'- or r\'-""^ ^°^ «tJ^er ing tlie apnoijitin^ o ■ n^£ •' ° ^""ching or conccrn- '/e ien. esse, and aUmvW .? '^"°""^*'°n« of witnesses granting of probates of "^ll^andTettr ".^'r^^'' ^^° tion; the proceedings ofVhl f^'^ •^^"^'^^ «/ adnunistra- and oth<^r Liinistev^f office^' 1 '"^ ^^' '^^P"*^^^. sors for the trial of ciW, ». J «»™n^oning of asses- said circuit courts; the pToeess of ZT''^"'"'^ ^" *^« mode of executing th? same t *^ '°"^f"^ ^^^ Junes; (2^) the adLsdon o^barrtLrr'"^"^ °^ sohcitors; the fees tio„«!I ''^"sters, attonues, and fully cbn;anded b'^^nHfe ^tt^^'^^"^^^^^- ^o be'law- the said comts respectivelv '.. n ^^l °' '°^^"^°^ ^ things whatsoever CcS'thr '" ?^" T^^^'^ ^^ courts, as to His Maiestv vl l' ^''""T^ °^ ^^^ '^^ «eem meet for the X^ii'^^^^^ .^"^^-««;«. «hall yot«7ior to in- A.^tl ■ . ^'*^''«« it is eavprlient /^ ^ 7 *^.v,^« a cJr/^'^l^'^ prottsion for (27) Me adminSZoT r ^"^^ of civ,l juris, on the ccast of Labrador • )^f..''^^\l'^*^<'t^on ofjvsttce dictio,..n a. much of an Act nasZL'^rJ/'"'!^''' ^"''^^^'^' '^«' "o for taking away the^uE^ll J^!-?'--"'*''/^'^''^ ^" Act tne town of Soi'nf T_i,_ • «1 G. 3, e. the tow^^of sSn^LC in T °^T^? ^^^P« -"-«/in and for establThin^ surroi." «f ^ewfoundJa^xd, Labrador, and Tfertar??^ ^""""^ °" *^« ^°^t of ^^. relates to th^tnstituti^^ "^^ ^'^J'""^^* ^^^-^to, «, the same iTCt^lZPrVir'^'^ '^'^" ^'' -"<^ 5 GEORGII IV., Cap. G7. 11 Labrador, or the islands adjacent thereto, which, in and by the said Act passed in the fifty-first year of the reign of His Majesty George the third, are re-annexed to the gorernment of Newfoundland, as occasion shall require • and such court shall be held by one judge and shall be a co,ni to b. court of record, and shall have jurisdiction, power, and held by ons authority to hear and determine all suits and complaint s^'^'^ "'"^ '" of a civil nature arising within any of th . said parts and '^tT'^'^^^ places on the coast of Labrador, or the idands ndjacot pi<>i'>t*o/acivil thereto ; and the said court shall be hollen by ajudre "*'^'^'- who shall be appointed from time to time by the (jorernor or acting governor of Newfoundland, and shall have a clerk and such other ministerial officers as the governor or acting governor shall apjyoint ; and the proceedipqs of the said court shall be summary, and such forms of process and such rules of jnactice and proceeding as rp , . turt si Tt^^ '^^ 'HJ'''^"' -f if^^ >^-id sup'rle'S^S^^.'f, court shall be followed by the said court, and no other w.4,c.20.] n^.^'rJ",fl/"''f'''' '^'*'^^ *^"^ '■' '^''^^ and Appeal ,o „,. may be lawful for the plmntiff or plaintiffs, defendant P^^*' ^ounln or dejendants, against trhom am/ Judgment, decree ^r ^^'^'"'"''^• order of the said court shall be givjjr or in respect of any sum or matter at issue abore fifty pounds sterliJ or where the matter in dispute shall relate to theSl7to "oZrZ fl '^'"'•^''«'*'. '-'///'^ of fishery, annual rent, or rfaht.TIV ''^''•'' l\t^^' J'^vhere such ae fon ortTr °' ?^'7 ^" Newfoundland and all procoSgs wlSsSr: LrS &^^^ action or suit respectively si ■, 1 t had m such niamierasifsuchSriv'c V \\ ^°"^"^ted in like "Kneed in one orSer of d cin f" '"^"-^^-^ ^«"^- under this Act • nnd nil tf ""^ '^°"''*' instituted proceedings M^^soet'; of I'TJ't' """^^-"ts, and V-ts instituted undeVLsafdtc^fcT^^^^^ *° ^^^ ^'-^^ ^hall, from and immciaSralr tl e 1 • ''^^1'^^"'^ courts respectively insSef ^d rSSlct t T Wed over and deposited for safe oust d^ iifs'^ch'o^tt 6 GEORGII IV., Cap. 67 «iid conrts rcspcctirelv instituted under this Act a« shall be found mo. convenient, and all parties conTc ne shall and may have recourse to the said records and pro ceedings, as to any other records or proceedings Xo said courts respcctivelr. ^ ^"«JoS oi "lo XXII.— And be it further enacted, that (28) courts of general and quarter sessions shall be tiolderit Xew foundland and its dependencies at such fmes and pl^T, shall LT''"""'. "^ '"'"'^ »"^^™°^ °^ NewfoundjS ^hall by his proclamation appoint ; and the said courts of sessions respectively shall have power and authontv ma summary way, to take cognizance of all suits for tl^ payment ot debts not exceeding forty shillings, except the matter m dispute shall relate to the title to any 3' or tenements, or to the taking or demanding o'^ny f^ of office or annual rent, and to award costs thereinTaml also to hear and determine all disputes, to any amoimt ^^•hlch may arise in Newfounclland concerninglhrwS boats for the fishery, and all disputes arisinrr in N^,,.. founcUand aforesaid concerning the curing or'd^inrof Sdlr'Tnot^T^h" T""-;" q"-tion^oes^;:;''ex5 ^::x^:zs' -^-''- -i-iveiy.^s^^^ ^•,?'^!-^^T^"^ whereas it is expedient lo make pro- vision for declaring insolvencies iii NewfoundUnd ^ be It therefore enacted, that as often as any wrirof aU^rh ment, or other process for the recovery of anv/kf sum due, shall be issued by the sarsuVeme^rttrciih "r oVX W^' """T' ^"^ J"'-^^- - persons - ^g or (^9) having a hous*^ of trade or nrrx-J^n, business in Newfoundland, or any place Sn^h^ government thereof, and it (30) shall be made to appear wlsrueVmra; ?i"'T' ^"? ™ ^^ r-c^sS pr per:r!iS^ - ^ ^^^^^J^ the. ^on IS or are unable to ^^j twenty shilling Tnthrpound to clrft'o ' " i^"" ""^di^^r^'it shalll^e lawful for sth proc ss' Sfl V ^-"'Z '' P^"^"^ ^"--^ -ho- Zt If Courts off^ene- ral f.nd quarter Hesninni ghnll be held at such timp» & plac«8 as tfip governor »1- Jl appoiAt. Their powerc. Procer.Jings In case of iusol- Tency. Notice to par- tics to attcud. '■^ 4 14 P oTliional Uiutees, Bcclaratiqn of injolvency CoHfction and (li!>tiibuti;jil. Insolvent*, on making disclo- •iirp of their ffffctsandcon- forming to the 'directions of tUejudges.may receive certifl- fites.with con- 'ent of one-half in ntiaiber and value of the creditors. 3 GEOKGII IV, Cap. G7. tuue, rf It shaU appear necessary to the sai.l court u appoint one or more of the .aid creditors, a. proW^Jni^ trustee or trustees, to discover, coiled a^d recede T estates and effects of such pt-rson or persons so apTearbg o be insolvent, subject to the orders and dircchons o1 he said court ; and if after due examinatio- of the" « 8on or persons against whom process shall hare issued L" aforesaid, or his, her, or their lawful agent or ai'nts Tr f such person or persons shaU abscond, or fail To at^nd he said court pursuant to summons a. k,res Jd irs^^I be made to appear to the satisfaction of the sa^d co^t hat such person or persons is or are insolventr Zu be lawful for the said court to declare such peLn or pe sons insolvent accordingly, and immediately Jo ^I o der for discovering, collecting, and selling the esta^a Producr.V.'^'f ' "^'"'^^^ 'r^^''''' ^d disfributing he Ld for tw "'"°"^^'' "" ^'l' ^"' °^ '^-^ credftors! and lor that purpose to authorize any t%ro or morp chnt ?'°1/^' '"^ ^"^"^"^"' «^ insolvenfs,^ ho .1 Jl be chosen by the major part in valac of such creditors or their agents duly authorized in such behalf, (32 °"ose debts amount respectively to the sum of twenty prund! and upwards, to act as trustees of such insolvent E. as' it 7\ ?"'' '^'^^ ''r ^™^ '^ ^™« -«^-e -eh order,' as t shall deem proper, for better discovering, colIectinT ealizmg and da. tnbuting the estates, debts. £d effectTof the person or pers, ns so declared insolvent and as ofli as occasion shall require, for > esting the same or .4y part hereof, m the pubhc fimds or securities in EnXuf'^ the na,„e or names of such person or persons asSl fo? that purpoae be appomted by the said court, untilTstri button can be made as hereafter mentioned.' '" • ^.^^^•— And be it further enacted that if «„.!. insolvent person or persons sh.ll male a fuU aid trut chselosure, discovery and surrender of all hisTr or heir estates, goods, debts, and effects, and slSS'conform to the orders and directions of the said judges of the LS courts respectively, the same shall an^d may Uth^e the seal of Ac s,^d co„r,/rc.pcXi;Trdt:h''cS- 5 CJEORGII IV., Cap. 67. U ficato may be pleaded, and sh.-Jl be a bar to every «uit or ricUon which may at any time thereaftor be brouirh* in any court in the »aid island or colony of NcwfoundlSid or it« dependencies, for any debt or contract for payment pnor to the time of lus, hor, or their beinif declared insolvent as aforesaid ; and if any person or personTso declared inso vent as aforesaid shall faU to make a true disc o..re. and discovery of aU his, her, or their estate or estates, and effects, or shall otherMise refuse to confom kltu\ ? ''f t'^'T' °^l^' "Adjudges respective^ It shall be lawful for the said judges respectively (34) Jo ^ned untU he, she, or they shall make such disclosure and .hscoyery and m all respects conform to the order, of the said judges respectively. "f ucr, XXV.— And be it further enacted, that in the dis- r . tnbution tc be made of the rroH..P^ ^f fT,„ . . , Cr*d-tor. for efforf« or* «»„..„ F'^oauce of the estates and »uppUes forth* etttcts oi every person or persons hereafter declared ««^"y f^ the insolvent m Newfoundland, or its dependencies ^ tA' — itS'LTZ"f''ni'"'«\"PP^^^« neceLry,rd fu" '^^'^XTt lushed bona J^de for the fishery, during the current ^'^^ ^^^^ 20,. oeason, (that is to say), at any time after the close of the '° '^^ ''"""'*• last precedmg season of the fishery, shaU be considered ajs a privdegcd creditor, and shaU first be paid tSy shil hngs m the pound, so far as the estate! rndeffms real "ed lTt""f ^ i^ °' -P^^^""^ ^^^^^^ '"^y be realized m Aewfoundland or its dependencies wifl ^« and that all other creditors shall belaid eTudlvafd rateably: Provided always, that notlxhi-. in th ^ Act contained (35) shall affect the prior clarmsnf 11.7 ^'"' "> 'ff-ct and o^hcr servants actuallv rnE ^ ^'"\' °^ seamen the prior claim. and talcmtr ^f T\ , "'., V employed in the catching of seamen or W th. i^ ' "^^ °'^' "J'"'^ •'^" fi^^ and oil cauglft '*'"""''« •«- or^ervams^L'th""^^"'?" °^ ""i^^ ^^^"^' fisherman "'-• TrovYded thatVsn^ f T" °i ''"^"'. '^^^^^^^ ' «"d ^^^ provided that (3G) menial or domestic servants shall in all cases be paid the balance of their last preceXi' year's sag- ^~- '•KaeSiuf ' 7sjt:j ^raHH^^^U in 5 GEortGII IV., Cap. G7. estates and effects of i^ersons declared insolv.^f V • further enacted, that as often as any persrsLir^^ in Newfoundland or in inv «u ^ P^"on !»nali (J7) die effects of such porson sh-il] n^i L «: • ""'"* ""' creditors, to cause a tnio statemeiTof the rff 7 ^^i bcf..„vhi:h su'cTsjaSmciat'E",,;:. : ': "r and efTccts of such deceased l>ert„ Vn n,,. ffi ° '"°"' W all his or her just debt, it sh,ll bel /'ff™' '." e.H.rtt„auth„risca,idc„>pol r hce"cWorort r""" ju.l^5.„™ „r special sec„r,?>. for W^orTer «!l!™» " colony of Ne,vf<^;,r^,':/n'sr •;;;,' '"' 'Y r' .ssurauees, whereby anv Ian s or ,;„™ mTl;'*" situate may bo ffrauted eonv,.v„,l .1 "™'^'"* 'nerem elLTRcd, o\ otl,?.rwi« ;,« S- t ir'ftr' i ■"■'""'»«"I. jpg?:-"- <>^F , :,-'^ 6 GEOnciI IT., Cap. G7. , 17 nSi^Inlc;7n;^ that alUloeds, Dee.l, shaU b, vhlf mfnrn n, r ;? ", ^^^^''''^^CCS m Writ hm, of ">gi*>tcred at vhat nature or kind soever, whereby any lands or tenc- '^* °^'' "f^''" aents situate lu the said colony, or the dnnLL • K'='^=^«i»n"ith- bereof, mav be hereafter Jantorl JrT ^^cndencics n the ,ii.strict Lr.w 1 'l '"^'"^^r srantca, conveyed, devised «» which the |uch oftcc ,„Um «x mantlis „ert after .ho e4"u«o^ .,v mi •■ *' ■"'">■.'"■ P""'^^ f™" "ho„ a„J f„, °" h^thm the said colon, or i;^pr„,lLtsV';S frclie months m case such party or parties mav ^1^^ ptiu biiau De iclt for re^iNtratimi it c„,.i, u: . , Uhs next after the f.KZtS ;:r f TesSi? K;.ass,.r„nce as afire: -idrtn'^-ar' S',h": -- - ' Pthem Wm 1 1"'"' "'•''"-*%<= ".<■ .' ; '^'^^ ^"'^ «t"blisl, „rdi- regulate the Mims t.X ' , ""^^^""'■""^nflJti.s j)roper to nan«-, for the .eguiaie ine sums to b. demanded upon sueli licenses K""iir.K of li- and to make provision for the appropriation fhereo and '-"""^ ' ^ «"'^ for preventing abuses in he {frantinir of snri, iV retail oia!ca,„i and in the safe of Kni,; . i «'?.""? "^ ^"^^ licenses, spirits, aud a,, J^^ o 1 u • ^P" -^l^y unlicensed, persons in the '" "'« «"""^'o .aid colony ; be it therefore enacted, that it shaU and ''•"^'''■'""^''"' m^y be lawlu lor the governor or acting goy.^oi of '''""'"''""• -V«-founcUand to make, cstubiish, ai.d or£iii s.iclT ules Sndn^"or" r r ''™ "''"^^ '''"' '"-^^ resp^Ciig he granting of such licenses and the recalling the s imo ;u.d the amouiit of the sums to be denianded^a ml tXn or every such bccnce. and the appropriat ^ of sue «- or other i^nJS^T^t.:::} £ :;:^:^t;^^-z patent under the great sc:^^;:^onlX,^if :^ Z^H^^ ^.e. r^ persons as to His A ajesty shall seem meet, a body or ''"'"^''"'^ ^- »^-4ies,coirporate and politic, f„r the irovernm ^f^'^ fr''""'' ^"^ nor tmvii< cif.,..* ui ■ 1 "^"^ K0^^1""l-"t of anv the Roveni. bod tow - - .^5,«.«....j; .He ponce ot any such toAvn or to •or It ^'''''T'' "':.^b''^t^"'™> of nuisances therein and lor the prevention of accidents by fire • and n^nlH . n.ccs,ary f,„ canvin, into cfct ,1, Tc^'JpS^" ills ,M.ijesty, his heirs and successors, bv anv ordpr «r orders to be ma' '}"'! f''^' practice and pleadings upon all »»d to fmpow. "Kiictments, i..:..-iaatious, actions, suits, and otliPi- roiw^'^xde;'! *''•' •'^PP"'"^'"^"' ofcommissioncM-s to take bail and exa ^ . m,ne wunos.p ; tlu; taking examination of Mitnessc8,'r/« bene esse, and aUownig the same as evidence; the grant- mg of probates of wills and letters of administration. the proceeduig. of the Sheriff and his deputies, and lhr7h^T-Tf "^'""'^ ''J^' summoning of assessors lor the trial ot crimes and misdemeanours in the said Urcu.t Courts; the process of the said Courts and the mode ofexecuMn^. the same; the empannelling of juries, the admission of barristers, attornies, and solicitors ; tlu' lees, poumlage, or perquisites, to be lawfully demandeil rZn"v r"' ^^i"*""-''',"' ^"^•"^"'•' '" th« ■'"i'l courts respectively ; and all otlier matters and things M-hatso- ever touching the practice of the said coikrt^s as to us .. our hcnvs and successors shall seem meet, for the proper conduct of buMuess in the sai. decree ordci-, or sentence oflhe said supreni coCt to appeal therefrom to us in council, in such manner, within such time, and under and subject to such rules, regula- ions, and l.mitations, as we, by such chartei and letters pntent, shall nppomt and direct. Now know ye, that \\ e, upon full consideration of the premises, and of our especial grace, certain ]:nowIedge, and mere motion. have, m pursuance and by virtue of the* said Act of Parhament, thought fit to grant, direct, and appoint, and by these presents do accordingly grant, direct and appomt, diat there shall be withni o^ur ' sa'id colony of Initu„.,on of-y-wf^^undland a court, which shair be called "The -t^Jr: ::«:; S»P-me court of \ewfoundland." And ^S do hereby of record, and "^ate, erect, and constitute the said supreme court o"f ^J^r.rrbjflrl"""^"?!''' ^« ^ ^""^* ^^ ^^^^^d; and do direct . chief 'jWII^^ W^'"^ *hat the same diall be composed of and *nd t^o as.is- l|oi'lt-n by one chief judge and two assistant judges. t«,jadge.. And we do hereby give and grant to our said chiel' judge ll r :r ' ■"■" — ^n^ i . .- r"---^— — •" — _^ — ——^sBiij^sa—^-'- — ^^g^ j>-w-.w ROYAL CHARTER. S8 rank and precedence above and before all our subjects ^""i' and pr»- whomsocvor, within the colony of Newfoundland afore- ^*^""°j''j'! 8!iid, and the islands, territories, and places dependant ilsta't ^udg"! thereupon, excepting the governor or acting governor for tl-c time being of the said. colony, and excepting all Buch persons as by law or usage take place in England before our chief justice of our Court of King's Bench. And we do hereby give and grant to our said assistant judges rank and i)recedcnce within our S3"l colony, and the islands, territories, and places dependant thereupon, next after our said chief judge, the said asf;ered:to^ and kept in the custody of the said chief judge. An^ we do further grant, ©rdain, aad declare ithat the said chief judge and assistant judges, so lono as ithey shall hoild their respective offices, shall be entitled to have and receive the following salaries, (that is to say) our said chief judge, a salary of one thousand two hun- dred pounds, sterling money, by the year ; and each of f "j*"'* °' our assisiant judges, a salary of seven hundred pounds, *"' like stciling money, by the year. And our governor or acting governor for the time being of the said colony, is hereby directed and required to cause such salary to be paid to the said chief judge and assistant judges, out of the revenue of the said colony, by four quarterly pay- wwits, at the four most usual days of payment "in the y*''^'^- And we do further grant, ordain, and declare that the said salary shall commence and take place, in Commenee- respect to any person who shall be resident in Great ment of laUry. Britfiin or Ireland, at the time of his appointment, upoa and from the day on which any such person shall there- upon embark, or depart from Great Britain or Ireland, for Newfoundland, and to take upon hini the execution Ci 4i 41, KOYAL CTIARTER. nccopu-d, rccoivod, or taken by sui^hlS'- i'^ " Msistant ju,l„s, in a"v m™or „? i^hicf judge o *..J,... ...„. pretence \lS„Zj„. 'iCS novT.ri' '"'T' ' ib.l™. m.v shall bo liwful i;.i- tl,,. .,;,l 1 ■ i- "<^™'thelcss, that : ~«i|.y oiBtiii , '„„ '"I . , ";' *»'" cluef judge or assistant iudirr -sr ,., "itii'Te ^^dtr„ ;^ 7xStd " rlFr ™n:r5;s,'riid«^=-"; ...Pe tr'.^S':4;L:XTd', fhrbet„%^1 Arc.ptance of arcopting, takiii^, Or performing an vnffi ^'^^^'^ " piace of profit i v/^fif « i " I'^iioiraing any omcc or ulace of Ir e.„oi.Lnt ^/f ^ °^ cnohimcnt, on pain that th' acceptance of inv tob..„av...-.,.^^udi other offace or places aibresaid, shall be an I h" deemc. r- law, defucfo, an avoidance of the office oflch chief judge or as.i.tant judge, as the case may be an the salary tliorcof .I,all cease, and be deeme^l to 'have anriro^:;^/.''^" ^^'^^^ °^^"^^ acc^ta^ce «"iy sucn otlier oince or nlace Anrl xio .} i i .Utant judges, i'fsj of the .aid supreme courtof Xewfoundland the aid li. A Tuchr being a barrister in England of three veas ^tauding and up^vards. And we do hereby constitue «nd appoint our trusty and weU-belovecrXjS to be first assistant judges of the said supreme coSr the Mo cy being respectively banisters of three yen ^ta idiT^g and upvards. And we do hereby grant dree ayd appoint, th.t there .hall be M-ithin olr .a d cX v' to be an av __ •nee of office. r!i»t <^ EOYAL CHARTER. S5 I of Newfoundland three ciiTuit courts, to be held in each f"Jrcuit cowu. t of the three districts into which the said colony may be divided, in piu-suance of the said act of parliamet t. And ! we do hereby ert-ct, create, and constitute the said circuit courts respectivcl} to be court3 of record j and do direct and appoint that each of the said circuit courts ahull be holden by tlio chief judj^e or one of the assistant judges of the supreme court of XewfoundLind, aforesaid. And ve do direct and appoint that the chief judge of the said supreme court shall bo always at Ubcrty to decide Chiefjud^cand I which of the tiu-cc circuit courts shall be holden by him, "niorassisunt and that the senior assistant judge shall be always at J'"^''?'^" '''*'"'•' : liberty to decide which of the two remaining ci'rcuit """'*"•• courts shall be holden by him. And we do hereby I ordain, appoint, and declare, that there shaU be aud I belong to tlie said supreme court and ciicuit courts, I respectively, such and so many officers is to the chief g^ „ judge of the said supreme ccart for the time being shaU, circuir^couru ] Irom tune to time, be deemed necessary for the adminis- '<* *"'^'<' *" "la- tration of justice, and the due execution of all the pow«TS "hic°"*'"uV and authorities which are granted aud committed to the blmU deem net said supreme court and circuit courts respectively by the '"-ssary ; said act of parliament, or by these our letters patent. Provided, nevertheless, th;.t no office shaU be created in But no office the said courts, or any of them, unless the governor or t" ^« created acting governor, fov the time being, of our said colonv ^''^"""'^eKo- shall fii^st signify his approbation thereof to our said chief batPon '"**''"'" judge, for the time being, in Avriting, under the hand of such governor or acting governr r as aforesaid. And we do further ordain and direct, that all persons who shall and may be appointed to tlie several offices of master, AppointTnent registrar, accountant-general, or prothonotarv, (1) of the '" «*=es of saidsupreme court or circuit courtsof Newfoundland or J"^'^"' "*'''*' toany office in thesaidcourts, or any of them, whereof the wa";!m?ndS tluties Lhaii < orrcspond to those performed by the master, """y^l sign ma- registrar, accountant-general, or prothonotary of any or T' ' V ""V" either of our courts of record at \\-estminster, shall bo so clUefluSe. " appointed by r s, our hens and successors, by warrant under our or their royal sign manual, to hold such their offices * durmg our or their pleasure ; and that all persons who shall and may be appointed to any other office witliin the said supreme couit of Newfoundland, or withm the said circuit courts of Newfoundland, shall be so appointed by •<♦! §9 Supreme court empowerpil tr aiimit barris~ «iTs or »()vo. catM of fircat Britain aiidlrr- land, and ittnr- lien, soiicitois ^T^)i wrjtcrs of courts dt \Vc»t- Jninster, I)jb- lin, or IMin - burgh — also, prootort in English ecclc- ■iastiral courts, to act both as b»rrijters and •i'torni's, &,.. o.' supirme eoiii;t of Xtw- foiiDdland : Also pers(>ns •ervipg a clerk- ship of five years to any such barrister or ^tornc)'. No other per- sons to appe ir and plead. Proviso in case of insufficient number of such barri^te^s, at- torneys, A-c. ROYAL CHARTER. and sttfficient caui. And ^ 'do'h'S;;''";^"^"*''" empower the said supremo court of V 7'''"f;^^« approve admit, and 'uTsuT nd ,o '^''t"' writers, attoruies or oSrs i^Ze^ ^^" ^'^""'^ act for lie S i?f°'"«','"PP''»'-.an.l pl.aU, a„ ^xi-"and to " ?m,> T \ ""Pr'n^ ^""rt of New joxi ana to admit and enrol as barristers, advocite. t ny oani^ter, advocate, proctor, attorney or solirito, of tile supreme court aforev,!,! A„,i '" -^ "^ ^^"CJtoi ns maTbe nee""'"' P"^"' ^^"-^-^ '' and sohci o quauncations as the said supreme court shall for th-,t purpose make and establish. And we do Eeby autt If ROYAL CIIAliTER. i/p thp saiJ supreme rourt to make and prcsri 11k- siich hilcs and orders as to them may seem expedi'ti. aiul kecessary, with regard to tlie admission of pers.,..s to bractice the law, and appear and act in the characUr of barristers and advocates, proctors, attorneys and solicitors bi the said circuit courts respect^v-ly. And we do Lereby ordain and declare, that the governor or acting governor, for the time being, of the said colony of Xew- oundland, shall yearly, and on the Monday next fol- jwing the first day of January in each year, liy warrant nder his hand and seal, nominate and "appoint some fit ndpioper person to act as, and be, the sheriff for oursaid ilony of Newfoundland (3) and its dependencies, other ban except tlie coast of I,abrador, for the year ensuing ; irhich sheriff, when appointed, shall, as soon as conve- niently may be, and before he shall enter upon his said •ffice, take before the governor or acting governor cf our laid colony an oath faithfully and impartially to execute Ihe duties of such his office'; and such sheriff shall con- tinue in such his office during the space of one whole bear, to be computed from the said Monday next fol- lowing the first day of January in each year', and until knother sheriff -ihall be appointed and sworn into the kaid office. And m case any such sheriff shall die in his kaid office, or depart from our said colony of Newfound- land and its dependencies, then rnd in siich case another 'person shall, as soon as conveniently may be after the ieath or departure of such sheriff,' be i'n like manner appointed and sworn in as aforesaid, and shall continue ID his office for the remainder of the rear, and until lanother sheriff shall be dv\y appo-rted "and sworn into the said office. And we d"o further direct and appoint Jhat it i>icdl and may be lawful for the governor or acting •governor of the said colony to renew horn year to year he appointment of the skme person as sh'eriff for 'our [said colony and its dependencies ; and that in selecting the person to be appointed to the execution snd dis- I charge of the said office, the said governor or acting j governor shall conform to such written instructions or commands as m. y from time to time be signified by us, jour heirs or sue :essors, to him through one of our or their principal si cretaries of state. And we do further direct that, befe e entering upon the execution of the •7 Coxnt to m:ik« riilcH ft onlr'it aH taa(linii<ii of barrinteM, atturiiics, &c. Appoinfmeixt of aheriir. To continue in ottice for uu« year. Provision in case of death, Ac. of »heritf. OoTemor to re- new appoint- ment of same person, and therein to con- fornx to royal instruction*. Securities sheriff. of n ROYAL CHARTER. rule or nr/lo» «r ♦u "^^ *^'^" ^y virtue of any proccsi T>,uic.<,f.he-cour't« or±^f th ^=^'VT""^^ ^'^^^^ and ciicu money bitim or In ? 1' ^.^i^^" ^^'^o""! of dl th. the cXSar month- f ^""'"^^ '^^P"^^^'* "^^^vcd duiinj have been annlird Z 1 i "^ '^'-' '"^^ ^J' I"*" or them or Ws said dcputies^o far^n, ♦!. ^°««^^«o« of himscll And we di7uxrcrt'de/trtth?:l-^ '^T^^' assistant judges, as the case ml. • '" '^.,^^^* J"dge or To exhiint account to be DuSiclv p.^ i T'^ '^V'"'" ' '=''"«^' ^^e said •'-»'"^ - .honotary or rogS '^' ' '^^^ ^^ ^^e pro- space of^ne calendar i?fK "PJ^^^ court for the have been so rendered and Ln?.' '^''' '^' ^'''"^^ ^^^ bo enroUed among he^ecordsoAh'" ""T '^' ^""^ '' ^. do inrther order cW.f i '"^"^ '^°''^*- ^^^ sheriff and I., succe'sso s I'X ) 'T'"^ 1^^' *^^ ^^^^ ^uffi. .nt deputies to be bv^'.^ themselves or their authorized liidcr their ro^ t^. em appointed and duly for >vhom h^and thev Z f bf '■' ^ ^^^^' «»^ th^ir continuance in^sSoC'^n""^ ^^"T^u^^ «' sheriff, by himseli" or hi 1 /^ r"**'' '''"^ the said execute authored to execute ^h. ?^ ^"P"'^"^' ^« ^^^^^y • orders, warranrclmlnds,^rd orerT^h '^''l supreme court and the s^au] J. F ^ ^"^ ^^^<^ return of the same, o4her S t^"'''' ^'^'^ ?^^^^ execution thereof to thp ^In c ^'^ '^'''''"" "^ the To have cu,. courts respectivd; ani to^l "^'''"'. 'r^"* ^"^ "'<^^' counts. To pTOCCM. r- ii ROYAL CIIAUTEE. f9 enter Into a XewfouiKl- th two good iaiid pounda f the duties lal pavment r his lawful ny proccsa, and ciicuit direct that each calen- one of the of sdl the vcd diuiiig : the apph- m or tlicm balance of of himself nved from I accounts, 'judge or >e the said >f the pro- irt for the same shall Ditlicrofthem. And wc do further direct, ordain, and now proc,. to .ppoin that whenever the said supreme court, or any of Kr^cte"*^ the said circuit courts shall direct or aw?rd any nrocess "•"" "''"itfi" igainst the .aid shcriiT, or snail award any piocess in any '"'""""*• ;au9c, matter, or thing wherein the «ud sheriff on iccount of his being related to the parties or anv of hem or bv reason of any good cause of challenge which vould be allowed agam«t any sheriff in England cannot r ought not by aw to execute the same ; then, and in Tciy such ■ sc, the said supreme court or the said circuit ■ourts as the case may be, shall name and appoint some Jhcr fit person to cxecuto and rotiun the same, Aud he said process shall be directed to the person so to be earned ior that purpose ; and the cause of such special processes shr' be suggested and entered on the records if the court issuing the same: provided always, and we l.viu ., ^• IconrtTn^f r^"",^"^ ^^^'•'^^^' '^^' *^« ^-^^ li'reme jSlci ^'^ court and the said circuit courts shall respectively fi^'"'*"'^ Certain hmits beyond which the said sheriff* shall not bo compelled or compellable to go, in person or by his .officers or deputies, for the execution of any process of culecl m any place or places; beyond the limits so ( q' be ^'y^^"* ^'^"• fixed we grarit, ordain, and direct that the said supreme co.vt or circuit courts respectiyely, as the case may be l^hall, upon motion, direct by wliat person or peiJons a.ul m ^.hat manner such process shall be executed, and Itho t rms and .onditions which the party at whose ms.ance the same shall be issued shall enter into, in order to prevent any improper use or abuse of the process of the sa,d courts And the said sheriff shall, and he is hereby required, to grant his special warrant or dcputa . tion to such person or persons as thp rnnrf r^nt; Spocml depu- sheriff V i •^*' ""^ ^'^"^ ^^ ^^^^«^« that the said'^''*- sheriff, his heirs, executors, or administrators, shall not be responsible or liable for any act to be done in or any h^y-Z'TV^ '^"^•7^°" °'^"^^ processed:; Zl py Virtue of .such special warrant; and that any person or persons being aggrieved under or by virlue^ofsi^u pt al warrant shall and may seek their remedy under any secunty which may have been directed to ^e^^kcn ^r ( WT ^- tti ROVAL CJIARTER." ^..pre.e court ^E:::::-.!^^;™'^'^ ''T'\^'' ''^'' -"i-g «"<^i «» Krant pro- f/;, ,' . 'Vi! ' " ^^^oi'^t'd to direct to be taken An. bates «„d ic- " ^« our further will and pleasure, and we do herVbv f ..rKof adn>i„is. US, o.ur hens, and successors, i^rant ordain Itnhvl^ fration, accord- annninf ih^t tUr. -i ^' b''^"t> oi "am. establish anc inK,o,he.,saR. ^i .^ ' It f'"^ s'lpreme court sh.dl grant probates i..'heaioccscoi ('^) ""'•" the seal of the said conrt, of the Kst S T L«nao„. estaments of all or any of the inhabitant, ff the sa" colony and Its dependencies, and of all other' persot vvho shall die and have personal effects v ithin the said colony and Its dependencies, and to conimi VttLnl administration under the seal of the said u'^i^e ^urt of the goods, cliattels, credits, and rJl other fflctsX' soever of he persons aforesaid who sh.dl d e intelttT or ^^uo shall not have named an executor re,! dent S^,,' ciitor") ^°^"'V.r^i^%'^^'P->dcncies, or wlieie tie ex cutor L. ,ng duly cited shall not appear and sue forM, su.ai probate, annexing the uiU to ihe sa d leUers o administration, m hen such persons shall have h t a will imcts ifvtiatso^cr, of such persons so dvine in cii^, n hnvec^.by the aw, as the same is and may be'n v ifc " m the dio^cso of J.ondon; and to de,.nand,reW take jcar examine and allow, and, if occasion Tauire to h allow and reject the accounts of them, in such manner ..Od torn, a. i. now used or may be used in the "aS diocese of I.>„don, and to do all other things whatsoevir In letters of "oedful and necessary in that behalf. . J'royided alwal. ncln.ni.ctt/H /<*- and we do hereby atithmi».«i,„i . ■ .1 ,. always i.o,u„f.annexo court in J!.}' ^^ «i"thoi ize .n d ret uiie t])e sUd supreme for defanu of?"' J.' "> ""^1 Ciises as atoiesaid, wliere I'^tar^of admin- •appoaranro of i5't"ition sliall be Committed witli the Mill nt,r>f.-.-n,l f --^^Srt^b::^ ---- appearing into t-ner:rlS;; U rccrvcd. '/^ Vroh.u^, to reserve in such letters of administration lull po^^ er a, d au lu.nty to revoke the same, and to arrant K n*T,°* '^'' '""^ "'^^ ^" ''''^ ^-^"'"tor Whenever l" tio^'To'^"- ,.e he*; by tt?i"uirr' • "^^ ''V' ^'^^ ^'""^- ^^^^ -« ^^ grantedtoncxt^\3-'/^rf''" '^^ 'onze and require the said supreme cf uu. court of .\ ewioundland to grant and coMimit such letten of administration to any one or more of the lawful nev of kin of siich persons so dying, as aforesaid, being then resident withm tlie jurisdiction of the said supreme Prnhntes *„d- ^"V'V T"^ ^^'"f? °^ ^^c age of twenty-or.e yea.-s^ iC- «.ims.r„tinn. y"l«l always, that in-..bates t.f wills and letters of admin- -i, to .fleet i^Uation to be granted by the .aid supreme court, S 1^ ROiAL CHARTER." IT Ibe hmuid to ^ucli money, goods, cliattcls, and cfllcts as proprrtr wUh-" the deceased person shall be entitled to within tlie said '""'*' '"'""y- (olony and its dci)endencies. And wc do hereby fur- ther enjoin and require, that every person to Mhom such letters of adminibtiation shall be committt d, shall, before the granting thereof, give sufficient sccitritv by bond to A^mihistra- Ibe entered into, to us, our heirs and succe'ssorS,for the "°° ''°"^- paj-mcnt of a competent sum of monev, with one, two or more able sureties, respect being had in the sum therein to be contained, and the abUitv of the su'reties, to the value of the estate, credits, and effects" of the deceased. vlueJi bortd shall be deposited in the said supreme court • among tlie records thereof, and there safelv kept ; and a c-opy thereof shall be also recorded among' the proceed- ings of the said supreme court ; and the condition of the said bond shal be to the following effect :~" That if the Form of it. ! above bounden administrator of the ^ods, chattels, and effects of the deceased, do make, or cause to be I made, a true and perfect inventory of all luid singular (^ the goods, credits and effects of the said decLed ^^ which have or shall come to the hands, possession, or ^^ knowledge of him the said administrator, or to the ^^ hands or possession of any otiier person or persons for' u M-''*''f t^'*" ,'^""- '° "^=^^e 'Jo <^^J^il>it. "r c-'iusc to be .. Pf ^'ibited. 111 the said supreme court of Ne« foundhuid, ^ at or before a dav therein to be spcr^-d; and thJ ^^ same goods chattels, credits, and vir s. -nd all other I ^^at the tune of las death, or whi.h at ar.v time after- guards, shall come to the hands or possession of such ^administrator, or to the hands or possession of any ^^ other person or persons for him. shall well and truly ^ administer according to law; and further to make, or ^^ cause to be made, a true and just account of his said ^ admimstration at or before a time therein to be speci- "the; sh-dlt'l"'7^r.' ^'"'" ^""? '"^ ^'•"^' '-^^ ^''' «he, or - rP} \^ ^''""'^\'^^^ required. And all the rest and " non tS l' f"""-'' ^'■"'" ^''"^ '"^ t'"'^'. remaining upon the said administration accounts, the same beinr^ "of n . 1 '■^°'"''"f ^* ''^^'" '"""^ ^'' P'y ^"'J dUpose 01 ma due course of acUniniitration, or in such manner ifi^aiiiiiiiiii 33 Bond to be sued in name of AttorneyGcne- r*l. Passinj of ac counu. Depositing ba lances. Distribution. nOYAL CHARTER. "-id^^d'iS:':!;^^^ t^ this obligation to be "full force anclTrtu^ '^^Vn^I in'c.Te itrh'^H T^^" '"^ ^"n- to put the said bond ir ^dt for Sr t \ u "''^•"• the effect thereof, for the benefit of .r^"^'"^"'"^ persons as shall appear to flio?-i '""^^ P""*" °^ therein, such VortlTr ^V^ltt^^^^ satisfactory secnn'tv fn^^ ■ i, , ^° "mc givmcr arise from'thrsS'Iu for^ S^"^;^ -^^^11 or persons shall, bv order of Vh? «o.- f ' ''''^^ P^^'°" allowed to sue the same i^M '""P/T^ ^''"'"t' t« General for the t imc be,W *^ "'^^^ ^^ the Attorney said bond shdf ^'ofbe sTeS'in . 'X^ '°'°">^' ^'^'^ ^he -e do hereby amtriL and erpLtThe""-T" ^"^ court to order that the sdd bond sh.ll t ^''^1^. ^"r^^"?« the name of the said Attornov General ^And '"^^^" iurther will, order, and require thatTh^' e • l "" ^"^ court shall fix ccriiin iw;« i i.' t"'^t the said supreme probates of wills anSTeter^"/^ ?''^°"''' *" '^'hom granted by tlJtfd 1 .^^^^ unThTf " ^'^" '^ time until the effects o]" thrdeeea.ed sh 1 iTf '!!"' ? .ministered nass fho.V n^„ "^^«^s]iall allow the appeal, and the party or parties appellant shall be at liberty to prefer and prosecute his, her, or their appeal to us, our heii's and successors, in our or their privy council, in such manner and form, and under such rules, as arc observed in appeals made to us from our plantations or colonies. And we do hereby reserve „ . . to ourself, our heirs and successors, in our or their privy casrof"rerusa1 councd, (4) full jjower and authority, upon the humble °f 'cave by su- petition at any time of any person or persons feeling P"""" '^°'"'- aggrieved by judgment, decree, order, or sentence, o°f tlie said supreme court, to refuse or admit his, her, or their appeal therefrom, upon such terms and upon such limitations, restrictions, and regulations as we" or they shall think fit, and to reform, correct, or va-y such judg'- ment, decree, order, or sentence ; as to us or them shall seem meet. And it is our further will and pleasure, that Copies of pro- in all cases of appeal allowed bv the said supreme court, ceedings to be or by us, our heirs and successors, the snid supreme' ""'^l^f' ""'^" court shall certify and transmit to us, our heirs ^j. ' *""*■ successors, in our or their privy council, a true and exact copy of all evidence, proceedings, judgments, decrees, sentences, and orders, had or made in such cases appealed, so far as the same have relation to the matter of appeal, such copies being under the seal of the said court. And we do further direct and ordain, that Supreme court the said supreme coun of Newfoundland shall, in allto^ ex cuJ, cases of appeal to us, our heirs and successors, conform J"dgnieut, &c., to and execute, or cause to be executed, such judgments p^T"" "^*'" iind orders as we, our heirs and successors, shall tnink fit to make m the premises, in such manner as any ori'-inal judgment, sentence, decree, or decretal order, or other order or rule of the said supreme court of Newfoundland, could or might have been executed. And we do hereby Governors *c strictly charge and command all governors, commanders, to JdT'et; magistrates, ministers, civil and military, and all our""'"" "f """ iirge subjects Avithin and belonging to the .aid colonv. '''"'"■ |i ZQ ROYAL CHATITER. that m the execution of the several powers, jurisdictions and authorities hereby gianted, made, given, or crc^^ej they be aidm- or assisting, and obedient iu dl things, a: Proviso that they AviU answer the contrary at their peril. Providct SZJS at'^Vh'lir^^'^f " ^'^^r "Pf -"^« -ntained, or am prevent the "'^^ ^'^^^ ^'^F^ ^e done under the authority hereof shal jnaking of fur. extend, or be construed to extend, to pr'event us, oui istrationofjus-^^P^.^^^"? ^Jiese presents or any part thereof, ov from tice. making such further or other pro>-ision, by letters natent for the administration of justice, civil and criminal; within the said colony, and the places now or at any time hereafter to be annexed thereto, as to us, our heii^ and successors, shall seem fit, in as fuU and ample manner Tr Ix tr ^T"""-' ^"^ "°' ^^^^ "^^^'^ th^«« presents or anything herein contamed to the contrary notwith- staiidmg. In witness whereof we have caused these our letters to be made patent. Witness ourself at West- minster, the 9th day of September, in the sixth yci -By icrif ofpricy seal. BATHUEST. NOTES TO JUDICATURE ACT AND KOYAL CHARTER. (1) An Act for the better administration of Justice, 4r.— Tlus Sec. 1. Act, which was passed but for five years, was (together with the Act to regulate the celebration of marriages, 5 Geo. 4, cap. 68.) continued in force by the 10 Geo. 4, cap. 17, until the 31st December, 1832; and with the same Act, was further continued in force bj the 2 & 3 \V. 4, cap. 78, which, after reciting that it is expedient that the said Acts be further continued in force until the same should be repealed, altered, or amended by any Act or Acts which might for that purpose be made by His Majesty, with the advice and consent of any House or Houses of General Assembly which His Majesty might at any time see fit to convoke within the said co'ony of Newfoundland, it is enacted " chat ."t shall be "lawful for His Majesty or for any goternor, lieutenant-governor, "or officer administering the government of Newfoundland, in " pursuance of any commission or instructions to him for that purpose "addressed by His Majesty, with theadvice and consent of any House "or Houses of General Assembly which His Majesty mav be please.1 " to convoke from among the inhabitants of the said colony, by any "Act or Acts to be from time to time for that purpose passed, to "repeal in whole or in part, or to amend, alter, or var\- the said « recited Acts, or any of them, or any part thereof ; and 'that until " so repealed, amended, altered, or varied, the said recited Acts shall " be and continue in full force and effect." (2) All civil and criminal jurisdiction, *<;•(•.— By the term yVn»- diction, in its proper signification, is meant the power or authority to minister and execute the law, without reference, in particular, to B«ie-J«S«i;j^i ir ^J Si-lf^'^^r^: -T-#^^^^ 38 Sec. I. XOTES. .^.at law shall be administered. The previous judicature Act, - '^n2na7r ' T '" ''"• '' '"'- ^'^ -P--ibed « the la, o, England so far as the same can be applied." as the rule of decision for the su,.e™e and surrogate courts thereby established. New foundland. however, being a possession acquired by discovery a ' «elejnentofthesul^e.softhecro..ofE..gland.:^^^^^^ th n . " , •' '"■ ""'''■'"" ^^^'•''''-' «" '^^ Enghsh laws t en ,„ be..g, so far as the same were applicable to its condition and circumstances, were :„ force here upon the settlement of the colony In former time, u was difficult to aacerUin with precision when" IS settlement took place, so as to fix the period Tfter Thich „ ubsequent statute of the imperial parliament in which Newfound! W was not embraced or referred to. should extend to this island. f^tt""" T'"" r ' °' °^'""" ^^"^ ^''^ ^^'''^y °f the govorn- ment havng been, al along, to prevent colonization, and to encou- rage merely an annual resort to the country for the purposes of the fishery a settlement took place every year, and eonsequTntly all th laws of England applicable to the state and condition of the settler, ^e e brought over with them as often as they came hither.' The Judicature Acts, however, of 1792 and 1809 set this qu^-^ion at rest and m,.t be considered as statutable recognitions olthe operat ' ".wnToT ■ "'^°/:''^^-«^'^h-—nd statute law, L only pe od of their existence. Although, therefore, the section now under consideration does not contain the positive declaration em- braced in the previous Judicature Acts, that the law of England is to be the rule of decision, ye* th ^T^ct of those Acts having been o settle and establish the law of England (subject to the qualifica. , tion above mentioned.) as the law of this country down to the time ' of the passing of the present Judicature Act. by the words of this section, giving to the supreme court all the powers of the courts at M estminster-hall, the law of England, for the time being was, before the existence of the local legislature, considered to be in force r'l /l" TJ^"^ '■'°'''''' '^^' '" '^' ^* ""'i 1^"^ sections of this Act. by which the circuit courts are created, and are invested M-ith all such and the same jurisdiction, power, and authority within the districts inwhich they maybeholden, as arevestedinthesupreme eourt throughout the whole colony (save in capital felonies and • Reeves' Hist. Newfoundland. 111. ^ gee fux(paffe. NOTES. S9 'lire Acts — " the law of ; of (Icci.sion ihed. New- scovery ar ' rding to the vnglish laws ndition and " the colony, vision when r which no Xewfound- this island, he govern- d to encou- oses of the ntly all the the settlers iier.» The 4on at rest, ( operation ■, not only the whole ction now ration em- ^ngland is ving been qualifica- I the time Is of this courts at 'ing was, e in force actions of < invested ty within supreme nies and I oases of revenue), it is enacted " that all crimes and misdemeanours Sec. " cognizable in the spid circui courts, and all issues of fact which " may be joined between the parties in any civil action depending " in the said circuit courts shall be inquired of, heard, and dcter- I " mined, according to the rules and course of the la w of England, as "far as the situation and circumstances of the said colony will "permit," It was for a long time matter of doubt with the judges of the supreme court whether any statutes of the imperial parliament passed subsequently to this Act, and not having reference to New- foundland, were in force here; and in 1831 sentence of death upon "» party convicted of a capital crime was respited, until the opinion of the law Oificers of the crown in England upon the question could be obtained. The offender was indicted for having committed the offence " against the form of the statute" — the only statute ilicn in force bearing ujwn the crime being the 9 Gv-o. 4, cap. 31, whicV repealed the 18 Eliz. in reference to the same offence. Tno Attorney and Solicitor General (the pr-jseut Lord Dcnman and Sir !»-'. Harne) were of opinion that the words of this section giving to the supreme court in this island all the power that the Court of King's Bench possessed in England, and constituting it a court of Oyer and Terminer and general gaol delivery, empowered it to try all offences against the then existing law of England, and also against any statute thereafter to be enacted, and consequently that the court had power to try the offender under the 9 Geo. 4, cap. 31.* • The following is a copy of the opinion above referred to : " LiNCOLNS iN.v, October 14, 1831.— .V/y Lord: We have the honor '• to acknowledge the receipt of your Lordship's letter of the 8th instant, " transmitting to us the copy of i. despatch which your Lordship had re- " ceived from the Governor of Newfoundland, enclosing a report of the trial " of Michael Fogarty in that Island, for a Kape ; and also enclosing the " copy of an opinion given by the Chief Justice of Newfoundland on the " 27th December, 1824, bearing upon the question of the lawfulness of *' the conviction in Fogarty 's case ; Your Lordship desired that we would " report our opinion whether the sentence of death in the case of Fogarty *' could be lawfully carried into execution. " In compliance with yc.ir Lordship's desire, we have taken the case *' into consideration, and now have the honor to report that we are clearly " of opinion that the Act for the better Administration of Justice in " Newfoundland (5 Geo. 4, cap. 67) giving to the Supreme Court there " all the power that the Court of King's Bench possesses in this country, I* and constituting it a Court of Oyer and Tennincr, and General Gaol " Delivery, empowers it to try all offences committed against the then " existing Law of England, and also against any statute to be thereafter " enacted,— We therefore think that the supreme coun had full power to Uy 1. li /, m Stc. 1. NOTES. TJo supreme court adopted and acted upon .hf, opinion, and t nuaed for trannportation for life. Tl.e construction of thi, Lti, having been settled by thi.s decision, the practice nf ,-.e c. un unued t^ be in confom.i.y with H down to the peri d f Zt r' ''^^ '""' ''''"'"'""• ' '''"'^" ''"^^^^- "!>-' or b> necessary .nferenco referring to Xewfoundlund. f ;n.u.a^endi.>was;:::;;:u::bn::^r^^^^^^ cr^|na law, and statutes of the i«,.rial par.ia.ent in fori Pnsland on the 20th day of June, mi, and all su..eq„entst tu. of the ..perial parliament in amendment or alteration oTtC X: ;:''" r " ""'"'^ '^'^^^ "'^ '--^"^ «^^''^ - iZn r'-^ , " "^'^ ^■'" ''^ "PP''^-'^' «*'">'! to and be th. law of th.sisland and it. dependencies in all cases. This AcfX ..se ly ad™,U of a sufficient lapse of ti.e for the p. on,ul,a ion a of all statute, passed or to be passed by the in,peL.l pa lian,Lt amendment of the criminal la. .as hitherto in practice 11; bene Caly. Doubts n.y exist as to the applicability o ;„: statutes of nuxed criminal and civil jurisprudence, and also ofsu" general statutes the peculiar policy of which may appear to rendc em exclusn-ely applicable to England. These doubL nu.t l^^t « they anse to the decision of the tribunal before which they may he d:scussed, and thus precedents be established which will IZl further u.cma.nty4 But in reference to .rimes broughtunder the " now that he is couvia"! !l\';Vj;lv;X^ '° '"^"' '"* ^•'"•'•"^'"" " T. DRXMAX " The Right Honorable Viscount_Go,:erich. 'ic!'- aT&O ' ' • 26th July, 1832. ICaXn/'lor-'^""''" ■•''*.• 1 --k. Con,. 103. 2 Salt. 411. riacrofdefendant'slor.e ."t a r^co h^/i '■"■■'■"^ perfonaed as the £^50, the court nonsuUoLlepW^ffnt^'''' "P? "hieh wore under tUo contract, under the ^r^SlJlZ U^T't^, Hid 'K^l t i\ NOTES. I Biljudicatlon of the superior courtu, scarcely an instance has occurred Sec. 1. since the passing of the colonial act in question, in which any difficulty of this nature in the administration of the law has arisen. It is questionable whether the exercise, in this colony, of the very extensive .ummary jurisdiction as to crimes and misdemeanours of late years vested in justices of the peace in Englan 1, applicable to a crowded populatioi;, and to a condition of society very different from that o.vistingf here, mif,'ht not be reduced within narrower limits ; ana a Bill for this imrpose was introduced mto the Assembly in 1813, but failed to pass into a law. Could the exercise of judicial discretion, and all doubt as to the positive lule of law to be uu.ninistered, be removed by the enactment of a criminal code, at once complete and comprehensive, a great advantage would be gained; but so far as my experience enables me to form an opinion, the evils to be apprehended from the exer- cise of judicial discretion in the application of the existing English criminal law (unless it mny be in the full extent of the summary jurisdiction above referred to), are greatly outweighed by the diflicuhies, not easily estimated, of attempting the construc- tion of i-uch a code as will be both complete in all its parts, and suitable to the condition and circumstances of the colonv. r,y th'.< adoption of the latter alternative we should also, in a great measure, lose the invalu.ible advantage of the decinions of the I'.nglish courts L • guidance of our tribunals in the exposition of the law in force v. / here as in the mother country, and more jiarticularly of such statutes as are, from year to year, passed in amelioration of the criminal code. The question as iv, the extent to which the common and statute lart- of England in reference to civil rights is in force in this island, is one the discussion of which would greatly exceed the limite of a note. The recognition by the various acts of parliament regulating the judicature of the colony, down to and including the existing one, of the law of England as the rule of decision, has>removed a difhculty which in the other British colonies has more or less 31 ; but upon subsequent argument of a rule to set aside the nonsuit bploie the buprcine Court, iiU.j which the cause was rem )ve(l the jude s were all of opinion that the statutes in question, although for the promo- tion of moralitj, yet horse-racing not bein? malum inse, and the statutes being strictly penal and intended to have local application were not suitable to the cucumstances of the colony, and not in force here 41 4S Sec, 1. ..■« XOTF.S. attended the ndmini.tration of tl.e law. namelv, the fixing of i precue period after whieh no statute of the imperial parliauent , referring to »uch colony should have effect there; for it wemi n. settled that the law of England, both civil and criminal, wa.s at t time of the wtablishmen of oui local legi.slaturr the law of tl country. By the term*, however, of all our Judicature Act., t English law was to be administered, not unqualifiedly, but so far the CO dition and circumstances of the colony would • 'Ire.t. Tl policy of the imperial government until within the .ust thirty forty years, as displayed in the law; for the regulaUon of the fisheri of Ncvfoimdland. more especially the statutes 10 & H Wm cap 25, and \o Geo. 3, cap. :j! as to discourage colonization ar settlement. This, however, ii ^ ;. impossible by any laws altog, ther to prevent, and while the settlement, in opposition to th policy of the government, gradually extended and increased, th hm.tr d circle of those ackno 'ged righu and privileges which, i recognised colonies of British subjects, spring from the establish ment and encouragement of political and social institution. Ion, unknown here, circumscribed within very narrow bounds th: exercise of judicial discretion in the application of the law of Eng land in reference to civil rights. During the existence, how.-ver of the Judicature Act of 1809, and of the present Judicature Aci prior to the grant -'the legislative charter, the extended growth increasing population and diversified trade of the colony, and the numerous and varied exigencies resulting from the possession and transfer of property, both real and personal, demanded and received fro: the judges who presided in our courts a more liberal and extended application of the English law. These judges, of whom It is impossible to mention the names of Chief Justices Forbe, and Tucker without sentiments of the highest respect, seem to havP been acting under the impression that they were, in the exer- cise of their judicial functions, assuming too much the character of legislators, in applying to a state of society then hardly recognized -s a setUed colc.iy, those portions of the English law for the redress of civil wrongs which its varying condition and circumstances, and continually increasin.^ wants Uemandcd. In the administration of this branch of the law the judges who succeeded them have had duties ofasimdar nature to porfo.m, and the additional precedents and decisions of our courts for the last fourteen year., with the greatly It -'^■ NOTES. rxtenJod and more uniform practi. » now prevailing u. thorn, have Sec 1. / Ihus fir elucidated, and will in time settle, by the legitimate weight ■rf judicial authority and decision, the application to this colony of »11 such portions of this branch of the English -mmon and statute paw as are suitable to our condition and circun.stancef . It may not be out of place here to advert briefly to the various descriptions of judicature at different times established with teference to th-s island, the history of which will be found in the kblc workof:.'r -K«-un'l|and, by the 13th section of which the courts of over and terminer and general gaol delivery in any county of England were invested with jurisdiction in cases of robberies, murders, and felonies, and all other capit J crimes whatever done or comnntted in New- I foundland, or die islands thereto belonging; and offenders were to I r..* 1\ t-"!'" t-olonies were for a long period treated by the Kin^s of England a, part of their own demesnes, as their exclusive property and not as subject to the jurisdiction of th. state. When the Hou^e of Commons attempted to pass laws for establishing a free right of fishery ZIL m" H °' ^'^^T' """^ ^"i-"""'*' --^ >«'-foundla„d. they we "e ' miu. 1 ^''"''.^^' l""^ '""^"'^ '-^^"'^ ^-"°«-"' "That it was no[ fit o I Amlv .. k '^^ '''" "°' ''■■"P" '■°'" this House, as it concerneth 4;J t immm-'- ^r^^ * 44 Sec. 1, i^,4 NOTES. be dealt with and punished in the same manner as parties co, munng the Uke offences in England. By this Act also was , tabhshed the junsdiction in civil matters of the fishing admirals system of judicature perhaps more extraordinary (especially in tl niode of selecting the judges) than any :n the British dominion The masters of the three vessels first arriving at any port we respectively styled the admiral, vice-admiral, and rear-admiral • ar to these three persons, without regard to any other qualification tha the accident of the priority of their arrival, was entrusted, for tl season uncontrolled power of deciding upon all matters relating , the fishery and public rights of a civil nature. Their own interest and those of the merchants whom they served, .cem to have her for the most part, as might naturally be expected, their law. L 1.2. justices of the peac^ with restricted powers, were first ap pointed, who found it difficult to maintain their ground even in th exercise of their criminal jurisdiction, against the influence of .h, fishing admirals. It was not until 1750, after more than on. fruitless Attempt, that a commission for the establishment of a couii of oyer and terminer was first issued. In UGo a court of vice- ndmnalty was instituted at St. John's. The naval commander,, and subsequenMy the governors, in person and by their surrogate,, had before this period taken a pa.t in the administration of justice. at first m conjunction with the fishing admirals, and afterwards as their successors; and from 1700 to 1791 justice in criminal matters was administered by the courts of oyer and teminer, and m civil matters, concurrently by the governor and his surrogate,. the sessions of the peace and the court of vice-admiralty, notwith- standing that the jurisdiction of the vice-admirahy court in cases of seamen's wages, and dispute, &c. in the fishery, had been taken away ly the 26 Geo. J, c. 26. I„ 1791 the first Judicature Act. 31 Geo. 3, c. 29, was passed for instituting a court of civil juris- diction, with power to decide summarily in matters of debt con- tracts, trespasses, &c., relating t. the person and personal property on.y. In the following year the 32 Geo. 3. c. 46, was passed, establishing a supreme court of both civil and criminal juris- diction, and also surrogate courts of civil jurisdiction. Tl.i, Act, which was altered in a few points by the 33 Geo 3 c. 76, continued in force until 1809, and served as the model for the 49 Geo. 3, e. 27, which was in its provisions, with few ex- ceptions, very similar to the previous act. The supreme court wa. ^0IEs. 46 I held by one judge, with power to f^j-ant probates of wills and Sec. 1. I administration of intestate estates, to declare insolvencies, &c. '' .e jproceedings in civil matters were summary, either party, plaintifif lor defendant, being entitled to have a jury when the cause of action lesceeded £10 — the defendant only by the previous law beinfj I entitled to that privilege, and in cases where the cause of action I exceeded forty shillings. This Act (49 Geo. 3, c. 27,) continued Jin force until January, 1826, when the present judicature law canif. [into operation. (3) "As fully and amply to all intents and purjMses as IIU \Majest;/'s Courts of King's Bench, Common Pleas, .J-c." — There lis not, I believe, in Her Majesty's dominions, any single court of • judicature invested with such extensive powers as the supreme court of Newfoundland, within the limits of its jurisdiction. It resembles and almost equals the Aula Mcgia, from which all the I courts in the text were carved out. Besides the possession of these ample powers, it is the probate court for the whole island j is t an insolvency court-and, in proceedings for violation of trade and revenue laws, proceeds according to the rules and practice of the vice-admiralty court. The practice of the court, although at first somewhat mixed and incongruous, has now become settled by rules and orders or, in their absence, by an established course of proceeding, in the diiferent bianclies of its jurisdiction. Theie are, consequently, separate and distinct courses of proceeding on the' crown side, plea side, equity side, and admiralty side, in the probate court, and in matters of insolvency. (4) " Crimes and misdemeanours committed on the Banls of Xctrfoundland, or any of the seas , islands, ^-c." — To sustain a conviction for larceny, the original taking of tlie goods must have been such whereof the court can take cognizance, and it is not sufficient that the goods stolen were found in the possession of the prisoner within the jurisdiction. The prisoner, a seaman belonging to a British vessel tracUng from this island, having stolen a watch from a fellow-seaman at.BUboa in Spain, was found with the stolen article in his possession on his return to this island, where he was indicted and convicted, but the conviction, on argument in arrest of judgment, was holden to be wrong, the original taking not hav- ing been within the limits of the jurisdiction of thecourt. • p/o-fc^MoJ: ?; ?340. '■ '■ ^°"'' ^^""S '"-• ^Sll. Sec Jl. v.. I i *' M 4G Sec. 2. ft' fi ■ NOTES. (5) " The said supreme court shall he holden by a chief judg and two assistant jtuhje,, heing, <^c."- These words, and thos. employed in the lloyal Charter issued under this Act, in referenc. to (he composition of the court, were considered by the first judge, appointed under the charter to require the presence of the whole of the judges at and during all the proceedings before then, sitting m cou.-tj and even at a late tei.n of the supreme court the assistant judges, during the absence of the chief justice from illness refused to transact any business as a court, not considering them- selves competent to act without the bench being full. The only case in which the question was formally argued and decided, was in that of Boulton versue Morris and others - Supremo court, December, 1837. The point there raised was, whether the two assistant judges, or one of them, could constitute the supreme court for the trial of an issue, and the question was very ablv argued by the learned plaintiff in person; but the decision of the assistant ludges (DesBarres and Brenton) was, in effect, that they were not competent to form the court for the trial of that or any other action. In coming to this conclusion, the assistant judges do not seem to have taken sufficiently into consideration the words of the previous section, conferring upon the supreme court within this island "all "the powers of the different common law courts at Westminster " Hall, as fully and amply to all intents and purposes as the last- " mentioned courts have, or any of them hath;" and the con- cluding words of this section, which declare that " the said chief "judge and assistant judges shall respecfivel!/ have and exercise " such and the like powers and authorities in Newfoundland, and "in all places dependant on the government then of, asany jud-e "of His Majesty's said courts of King's Bench, Common I'lea"s. "and Exchequer, or as the Lord High Chancellor of Great Britain " hath or exercises in England." Now, in the common law court., at AVestminster Hal' it is by no means unusual for two or three of tlic judges to sit for the despatch of business ; and it is only a question of discretion, and not of jurisdiction, what they will hear in the absence of the full court, whether it be the trial of an issue, the hearing of an argument on a demurrer, or any less ^important business. The same practice obtains in the supreme courts of the other North American colenies, which are modelk-d on those of the Queen's Bench and Common Pleas. There arc a 'ti KOTES. jgrrat many matters heard and determined in term time which can Sec. 2. ll.e also heard and determined before a single judge at chambers, and lie would be anomalous and absurd that two judges sitting in court I could not do that which one could do out of term. Moreover, the 1 words in reference to the persons by whom the court shall be ho'lden jare affirmative only, and they cannot, without straining, be con- I trued so as to take away the coai.n'^n law powers of the court, and I to render nugatory the clear and precise terms both in this' and Ithe preceding section, by which the court, as to jurisdiction, i, Iplaced on an equality with the courts of Westminster Hall. la Ipractice, too, it sometimes happens that the court is opened and ladjourned, and business transacted, in the presence of two or ono lonly of the judges, and yet no objection to the legality of such Iproccedings has ever been seriously urged or entertained, except I in the case referred to; and it is worthy of remark, that several l.teps m that cause were taken, and more than one argument heard j before two judges only. (G) " Or a, the Lord Iliyh Chancellor of Great Britain hath lor exercises in £nffla„d."- By this clause of the section, every lone of the judges individually may exercise the authority of tha Ichancellor. It would, perhaps, have been better, had the juris- Idiotion been vested in the three judges collectively, or rather in Ithe court ; for circumstances mav arise which would cause a ■conflict of authority,- nil the judges being placed unon an equality lin this respect, and there being no appeal from one to the other of ^hcm, as in England, from the Vice-chancellor and Master of ihe :Ko11s to the Lord Cha-cellor. Were it not that by the ninth section of the Act the circuit courts are severally invested, within their J-espective district., with the equity jurisdiction of the supremo fcourts, the words of this section might be considered as applvin- 1^0 the judges when presiding in th»ir respective circuit courts.' In August, 1839, an application was made to the chief justice in chambers at St. John's, and an injunction granted to the judge of f le >,„rthern circuit court, to stay proceedings in a cause depending 'before him.* " (T) "Hearing and trying all suits, actions, ^-c." These words, Y<'<"i»ff and trying, must be construed, mW«.rfo singula singulis, |that IS, hearing suits in Equity, and trjing actions at Law, Indict- * Henderson v. Cawlry, 47 ' Sec. 3. > ^ i J 48 Sic. 3. i\ o. f !;i:il niunts, lie, "And other 2»'f>ceviliHrm of ickitt nature or ii< ml soever " ufii'ch may he hrvvght or commenced." Tliis must be consUued w itli reference to the subject matter. By the words " other proceedings" here, which should be considered in relation to those put for in- stances, are meant substantive proceedings for the trial of rights, &c. and not interlocutory proceedings sunh as are usually had on summonses and orders before judges at chambers, in vir- tue of the powers vested in them by the two preceding sec- tions. The extent of the jurisdiction of the judges in equity natters in Tacation has frequently betn the subject of discus- sion, and is not yet clearly defined. The terms of the court being held only twice a year, and business of all kinds being then crowded into a short period, little opportunity is afforded for despatching those portions of equity business \>!iich must be disposed of in term time. This is remedied in some measure by parties mutually consenting to hearings and orders in vacation, before the judges at chambers. The prac- tice, if adopted, of appointing special days in vacation ana- logous to the seal days appoi::ted by the Lord Chancellor, would remove doubts, and ascertain the extent of the powen of the judges in dealing with j-atters similar to those which are moved and heard on seal days in vacation before the Lorai Chanrvllor : but this still leaves the court power' s for other necessary purposes during the long i)eriod tJ.at intervenes between the terms or sessions. The evil would be ;:mediedby( granthig the court power to sit from month to month, or other I shorter period, as a court for the hearing of equity matters and! other proceedings not requiring the intervention of a jury. It would also afford great facility in the despatch of the business! of the terms, both in the supreme a ^ central circuit courts, [ if the court or a single judge were -owered to try, in a I summary way, all actions for the recovery of debts or balanccsl of account, not exceeding £20, subject to the right of eithtrl party to have a jury on payment of the expense unless othcr-f wise ordered. By making the writs in these cases returnablel at the monthly terms above suggested, the courts Mould be re-l lieved from the very great burtlien now thrown iijjon tliemj tluring term time, by the comi)lication and pressure into sol limited a period of the multitude of business in every dprart- -.-J-i%r.-:Br__^ «r f •3!<^>--' :p^' NOTES. Iment of their jurisdicUon, then hurrie.l before them for hasty Sec. ,. adju..caUon, and the public would at the same time, as to the recovery of small debu. be relieved from a most inconvenient and expensive mode of litij^ation, to which, so far as my cTpe- nence goes, summary jurisdiction (subject to the resort to a jury at the option of parties) would be greaUy preferred. This Iwould, mdced, be only a partial return to a mode of trying .sues of act which formerly and for a long period prevailed in th.s Island, m all cases, and. I believe, to the satisfaction of the Ipubhc. In making this suggestion, I would take the opportunity of saying that It IS not founded on any incompetency in the juries^ Inor any dissatisfaction with the manner in which their function a.o performed; and to the general probity and impartiality with l«h.ch heir part in the administration of justice has been dis- Icwarged I gladly bear testimony. But the very great injury fcnd loss to the private business of jurors, especially at the sea- sons of the year when the terras of the court, are held, by the fcngth of time which they are rcouired to devote to attend- t not ... "" '" ''' ""'^"^ "^ ^-y '^r.^nsL, Is not the least among the inconveniences to thu public frhich are caused by the existing arrangements. The saving N time by th. curtailment of the lengthy speeches of counsel Jo juries in petty cases, would be no litUe gain. Neither is it fo be overlooked that some consideration is due to the judges k^hose labours during term time are particularly onerous Ini I' iguing, and who hare not, consequently, the opportunity of liberating so fully as they could desire upon the many important uestions raised before them, and on Mhich their judgment cannot. Mhout great practical inconvenience to suitors, be dekyed beyond pie close of the term. Unless some such alterations as those above suggested be >aopted. it will be necessary, at no distant periof to cUve^ f.e supreme and circuit courts of a portion of their present Multiform jurisdiction, and by the establishment of a separate ^.-mal tobe presidedover by one judge, who might be also the u.ge of the vice-admiralty court, provide for the hearing and Pclcrmnung of all matters in equity, which now form a large and »"y ,a>,,ortaut portion of the business of the supreme and central 41) ■> i?»-. 60 Sec S. 8i;c. 4. H I NOTES. circuit courts; as also of a.i matters in the probate court, ar in reference to the persons and property of infants and lunatic Independent of the great pressure of business in divers branchi of jurisdiction, now thrown upon the supreme court, cases ha^ arisen, and, with the increase of business from oar growing trai and population, will arise, in whjch it is inconvenient, and must I: unsatisfactory, that in a conflict of jurisdictions, and in theL-ndlin of a matter on both sides of the court, Tiz., common law an equity, the entire adjudication should on all sides be vested in tli ■ame persons. The equity court above suggested slwuld ab have jurisdiction throughout the whole island, which would insui an uniformity of practice and decision; and as witnesses are nc required to attend in person, as in the common law courts, an the suitors themselves need not do so, the benefit to the genen administration of justice would greatly overbalance any triiliii, inconvenience that might be supposed to arise to suitors at distance . from the capital, (8) "At such times as the governor, ^c, by any prochtmat'm ^c." — The times when, and the perio(' during which, our terms both in the supreme and circuit courts, are now held, are gi nearly the same every year, and are consequently bo well known thatthe fixing of them by law is desirable ; but without some furthei modification of the judicature, would confer very little benefit. (9) " As often as any information, action, or suit sluill he hrouijh or prosecuted before the said supreme court, Jj-c." — Until lately all prosecutions in the supreme court for breach or violation of th( law relating to the trade or re\'enue of the British colonies oi plantations, in pursuance of the jurisdiction given by this section, Lave been commenced, as well as heard and determined, according to the course of proceeding in similar cases in the courts of vice admiralty, that is to say, — by monition and libel in the first instance; and during the period that the court of vice-admiralt was inoperative from the vacancy in the office of judge of that court remaining unfilled, the prosecutions which were necessarily brought in th*,' supreme court, and latterly, from the advantage of obtaining security, arc generally instituted therein, were and an Tery tardy in their progress, owing to the terms of the court beinj so seldom held during the year. The question as to the power c the court to sit in vacation, for the hearing of matters on thj NOTES. admiralty side by adjournment iVom ^eek to week or other conve- Sec 4 n.ent period, has been several times agitated, and after lenjrthv Brj^ument in the case of the Queen vs. Molhy, January 12 m\. It was by the judges unanimonsly decided that under the' UiUve terms of the preceding section, they were not competent, b* a court, to entertain the " consideration of any proceeding In the course of the prosecution, unless during the terms ap- bomted by the governor's proclamation. Under this decision, it bquu-es the very lengthy period of at least two years to complete b prosecution of this descripUon, when defended. Such an alter- ation of th. law as above suggested, for monthly sitUngs of the f:ourt, would remedy this defect, by which the prospect of a heavy, herhaps ruinous penalty, has been in some ca.ses suspe.ded over the ead of the accused for years ; and, in others, the crown has ulti- nately been left to defray the costs of a fruitless proceeding, the length of which has enabled the defendant to withdraw his person hnd property from the jurisdiction of the court.* _ In the recent case ol (lie Queen vs. McGruth, the question was For the first time raised as to the proper construction of the words at J^^ie head of this note, and by tLo decision of the court the crown h.11, in future, be enabled to obtain security for the amount of the )enalty, m case it shall be ultimately decreed. The high court uf Mmiralty in England has no jurisdiction in prosecutions for breaches of the revenue laws, which are there instituted in the court ^f exchequer, and to which court power is given by the statute 6 .eo. 4, c 84, to proceed in the first inrtanre by capias-;, process ^luch m the case of the Queen vs. Antonio Ramirez, in the Instance po«rt of vice-admiralty in this colony, it was held by the present fcained chief justice, could not in the fii^t instance be sued out .f the latter court in such a prosecution. But the supreme lourt being invested, in this island, with all the powers of tlio Jourts of Queen's Bench and Exchequer in England, it was in the |io»ecutiou4 abJve referred to ' ° ' ^ ^'^ "" ""^''^ e2 fil ^1 I ' 52 Sec. 4. \ , Sec. tl NOTES. case of the Quern vs. McOrath above referred to, ruleJ, that nr the comprehemire course of proceeding by " informaUon, act or suit," ,t is competent for the crown to adopt the practice the exchequer by the issue o" y,ias, in the first instance, on filing of an information, an. ,at by virtue of the authority gi by the latter part of this section, the further heating and de nii;:.ition of the ivformation shall be according to t: „- vice-ad ralty course of proceeding, which dispenses with the trial bvj practised in the court of exchequer. (10) " The said supreme cmirt shall have potrer to gratU mimstration of the effects of tnteriates a,ul yrobates of wilh' The quesUon has never so far as I know been raised wl ther or not it is competent for the judges in vaeation grant letters of administration and probate of wills, althou a doubt of their authority out of term, with a snggcsUon remedy the defect is intimated in the report of the judp on the judicature act in 1831. the practice, however, 1 the last fourteen years has been to sue out probate and letters administration on petition to the judges in chambers at all tini when Uie court is not sitting; and this application is frequent heard and disposed of by one judge only. The court in e ercising this branch of its jurisdic'ion acts by analogy to tl ecclesiastical court, and (in compliance with the words oftl charter) according to the usage in the diocese of Londo The practice has been so long established in the man™ described, that it may now be considered as legally settfe No rules to govern it have been made by the court in puj suance of the power given by the 17th section, except on in reference to the filing of inventories, which is far froD being complied with in the manner it deserves. The usu. course of proceeding is by petition and affidavit to the court in term time, or the judges in vacation, when (if nccessarvl a citation to all parties interested is issued, and othe proceedings had analogous to the practice of the English eccb 8iastical courts. Original wills, when proved, are deposited ii the registrar's office, and a copy delivered out. This branch of the jurisdiction of the supreme court is o RTeat and increasing importance; and whenever it may b deemed expecUent to separate its common law and cqnir i / NOTES. .nctinns it would be advantageous to invent U.e equity judge Sec 5 kill, the ecclemsfcal jurisdiction (if I may so call it) „ t ex Ircised by U.e supreme court. Such an arrangement would krovide a remedy for the conflict, or rather confusion, of ju- hsdictions which must ari«e f-om these jurisdicUons being, as It present, vested in the same persons. The sup«me court In .ts common law side exercises a controlling and super- .smg power over itself ia its ecclesiastical jurisdiction, and I mandamus or prohibition, according to the natnre of the nse may be obtained from the court in its Queen's Bench Iharaeter to compel or prohibit the perforn«nce of its functions Is a probate court. Again, an injunction may be sued out of ^0 court on the equity side to restrain its own proceedings n ,h eccles««t.cal s^de. Although no scrio.s practical inju^ kas hitherto resulted from this anomalous combination of ju |.sd,ct.or.H yet cases have occurred in which parties have de- Ircd to o..nm the benefit of the intervention of the common I.W court, but h.ve been restrained by the consideration of ho same [udges presiding in both. Ulll "^'^^ '"««/-- "'^-- tJ^ erocutor, HskaUref.se or fe««.W,^e.'' An argument has been frequently „isod upo^, ho words m tlus section having reference to the next o be"f . . " ''; ""'^ " ^'^ "^^ '^^''^^^ '^'-^"'S the U th H T ^^f'"'^''*^'-' »»>«» the wicow is excluded hm the nght to administration. The words of this section owever, and the terms of the charter, which of cours L' f such a construction. By the charter the court i to t r r "' ""'"'' ''''"' **' administration, and pe^ hrm an other necessary acts "i„ cases allowed by law. as the pe court .s further authorised and requiied to grant letters I km of the deceased, no mention being made of the widow |3 C^ o ' ,r ""'" "' '^' '^"'"^-^ «^ distributions 22 and 13. Car. ,, eap. 10. are in force in this colony. By the for- hr tl. ordma^. « ^hall depute the next and mL L^Il 6S !L; 54 Sec. 5. £ec. 6. XOTES. " friend* of the dead pornon intestate to administer hi. poodv and by the 21 II. 8. e. 5, 8. 3. he shaU grant adminigt. tion " to the widow of the deceased, or to the next of ki " or to both," at his discretion. By this statute also he is liberty to commit the administraUon to one or more of dive persons- claiming it, who shall be equal in degree of kindr, to the ""stator or person deceased. The right of the husband administraUon of his wif< goods is now unquestionably esubl^hed, as well on the groun of his being her " next and most lawful friend," as juremari It was formerly supposed he was entitled as next of kin i his wife, but in WiM v. U'att, 3 Ves. 244, it is setUed thi the husban«il is not of kin to his wife at all." Probates of wills and letters of administration granted i England do not -xtend f> this colony, though if the testate or intestate were domiciled in England, it is said the judg of probate in the plantations is bound by the probata or admi nistration, and ought to grant it to the same per-on.f Th practice here has been to grant administration or administratioi with the will annexed, to the attorney of the English executor o administrator. It is now a clearly established rule that the hi of the country in which the deceased was domiciled at ths time of the death not only decides the course of distribution oi succession as to personalty, but regulates the decision as U what constitutes the last will; therefore in deciding what is oi is not a valid will, the court will be guided not by our own law, but by the law of the country where the deceased was do- miciled. X (12) " Guardians and fccej>ers for infants and their e»tate»* — The practice is to proceed on the equity side by petition and affidavit of facts to the court in term time, or to the judges il chambers in vacation. If necessary there is a reference to a master; and upon the court or the judges being satisfied that the application should be complied with, letters of guardianship are issued upon the filing of sufficient security by tha guardian in the office of the registrar. •"Williams on Executors, 316. t Burnv. Cole, Aiiibl X Wms. Exccrs., 272. t Burn T. Cole, Aiiibl. 416. Atkins v. Smith. 2 Atk. 63 NOTES. (13) "Guardiatu and keepers of tfte periont and eslatet o/Sec 6. Itmtural foot*, ijre., which the said supreme court shall have power ytnd authority to inquire of and determine, by inspection of the ersim, and by such other ways and means as to such supreme court ohall seem best for ascertaining the truth." — Under this clause lor the section there have been during my connection with the I court but three pri/cecdings in the nature of commisaiont of J lunacy. In the first .ose the court proceeded summarily upon I petition, and circumstantial affidavits, the lunatic residing in I the southern district, and it being very inconvenient for the j court to .lave personal inspection of him. The facts, however, I being sufficiently estabHshed to the satisfaction of the court, s committee of his person and estate was appointed upon giving the necessarj- security.* In the two other cases, in both of which the property involved was of large amount, the proceedings were on the equity side of the court by a commission in the nature of a yinXde lunatiro inquirendo, and inquisition by a jury, according to the forms and course of proceeding used in the high court of chancer)', t The applications have been entertained and pro- ceeded with by the judges at chambers in vacati- n, as well as by I Uie court in terra time, (14) " To appcrtion end dicide the said colony into three Sec. 7. several districts, and to fix and ascertain the boundaries and I limits of every swL district." — In pursuance of the power given ?jy this section, a proclamation was issued by Governor Sir Thomas Cochrane, under the great seal of the island, dated the tenth day j of December, 1825, apixwtioning and dividing the island into three districts, respectively called the central, northern and southern districts, and directing that the central district should comprise and include all that part of the island extending from Cape St. I Francis to Harbour Main inclusive on the one hand, and to Bay Bulls inclusive on the other, and bounded by a line drawn from Bay Bulls to Harbour Main, and including also Belle Isle and the adjacent islands in Conception Bay. That the northern district should comprise and include all that portion of the island and the bays and rivers of the same, and the islands in or adjacent thereto, and dependent on the government thereof, situate and lying between * lie lunacy of John Brown, 1835. t lie Foran, 1838. Re McKic, 1840. «5 f %\ 66 Sbc, 7. If lii NOTES. tho northrrn ami western limits of the ccntrnl district, and Car Noman i„ ,he Straits of fielle h\o, incluRivc of the «ettlemcn contiguou. to the .aid Cap,- , and that the southern district shoul .omprue and include all that portion of the island, and the ba, and men of the same, and the islands in or adjacent thercuni and dependent on U.e government thereof, lying and situal between Cape Norman aforesaid, and proceeding by the wcsten aouthern, and eastern shores, to the Bay of Dulls aforesaid. By necond proclamation, dated the 21st dav of August, 1826 th centra' district was extended from Bay Bulls to the river L Manche inclusive, and tho settlement of Harbour Main (previous]. within the central district) was annexed to and made part of thi northern district, the southern boundarv of the central districi being a line drawn fro.n the river La Manche inclusive, to Ilar'.oui Main exclusive j-and, by a third proclamation, dated the 10th August, 1829, the southern boundary of tho northern district was further extended so .s to embrace within the said district the setUe- ments of tloljTood and Chapel's Cove in ConcepUon Bay, before then forniinr; part of and lying within the .entral district. By the two latter proclamations the southern boundary of the central district is now ascertained by a line drawn from the La ilanche river, inclusive, to Ilolyrood in ConcepUon Bay, exclusive. The first procLraation further 'Icxiares, th«t " in order to prevent " all doubt with regaid to the extent of the interior jurisdiction of "the said circuit courtk in the said districts, the said •••"•- diction " shall extend from the sea-coast of the one district ur,. ;t "equi- distant the district immediately opposite." H settlemenU of the inhabitants being ahnost entirely on me sea coast, no necessity has arisen for ascertaining with greater precision the limits of the interior jurisdiction of the circuit courts, but as the open; ig of roads between the bays of Conception and of St. Mary's and Placentia will, in time, lead to the settlement of the country lying between them, in the event o*" a question arising, the imaginary line intended to be defined by the proclamation, as the common boundary of the two jurisdictions, looking at the indenta- tions of the opposite coasU, wiU not, perhaps, be found the best calcu- lated to "prevent all doubt" upon the subject. The rapidly growing improyemc-nt in the internal eommuiiications of tiie colony will soon, it is.to be hoped, enable the ciicuit courts to be holden more »/' « Kl 1 1 m\ ict, nnd Cap*" I e Rettlcmenfsl Hstrint flhouldl and the baril cnt thereunto and situate the western, CMaid. By a It, 1826, the :he river La| n (previousl- 3 port of the I ntral district , to liar' lour ed the 10th f district was ict the settle- 1 , before then ict. By tlic I the central La Mancbe usive. r to prevent •isdiction of| •■•"•' .'Jiction on I lie sea er precision irts, but as 1 and of St. lent of the arising, the ion, as the he indenta- bestcalcu- Jy growing !olony will ilden more XOTES. fr-^juently, and with greater certainty, at the less distant Sec. 7. I oulports. (15) " inthin //•? diatrict in which it may he h'Aden hate anil Sec. 9. I r j-<;(;(«e all tuch and the nunc juri»tlictiun,power$, ^e." — Although l)y these words and the ternia of the seven*.!: section, dir< -'ir division of the island into districts, the jurisdiction of t'.d cin.. . courts is i-cstricted within the iimita of their r-specdve dis^-Itts, I yet such has not been the uniform construction of these sections, — I the . chief justice being of opinion that the ;)roceM of (! e |circuit courts of one district would run into any othnr distrJi^t. ^"'itii this exception, however, the opinion of De jiiu^co has '-■•n j otherwise, and in conformity with what seems to bi Jcarly ex- lprc;>scd in tlie terms of this section ; and it has formed a ground of application to remove causes f im the circuit to the supre c ourt, I that a subpoena ' ' ht be issued to enforce the ati< idnnce in the latter court of wiu «es residing in a difiercnt diftrlct liom that in which the actions were brought That the local legiMature were also of this opinion, is evidenced by the passing of tht Act 4 Victoria, cap. 3. by which it is enacted, that whenever any suitor shall have I obtained final judgment in any of the circuit C(,arta of this colony, the writ of execution issued by authority of the said r urt or courU, shall have validity in t 'ch and every district of the colony, and tlie sheriff shall levy under and by authority of the said writ in any district of the colony, as if the same had issued from the supreme court.* (16) "Rulet and courte of the lau of England as far at the Sec. 10. situation and circumstances of the cmhij will permit." — In all the previous Judicature Ac' 'he law of England was prescri!>ed as the rule of decision, w..;.h may be .sidered as so many statutable recognitions of it as the law o. Jiis island i and the words of this section may be ccnsi lered in the light of a confirma- tion of it. It is somewiiat remarkable that tlie law here expressly prescribed to be administered in the circuit courte which (save in capital felonies and in cases fc.- reach of the revenue laws) have, witliin their districte, equal jurisdiction with the supreme court, • The criminal jurisdiction of the supreme court is more extensive than Its civil jurisdiction, extending, as will be seen on reference to the nrst section, to crimes and misdemeanours committed on the Banks of ivewfound and, or any of the seas or isUnds to which vessels repair *-rora iNcwfoundland for carrying on the fishery 87 M^ "I I ya Sec. 10. Sec. 11. Sec. 14, NOTES. should not hu\e been also in the first section prescribed for the supreme court. The opinion of the law o.-Rcers of the crown referred to in my second note, acquiesced i:. by the supreme court, of course gtverncd the corstruction of the section, and tlie subse- quent practee of the court; but with the utmost respect for an opinion emanating from 'o high an authority, it may admit of a question whether the distinction was sufficiently k(pt in view between the jurisdiction of the court, and the- law to be administered by it, especially in the consideration of penal statutes passed sub- sequently to this Act. (17) " That if upon the trial of any crimes, ^-c." — By this section, -^re a ' iry cannot be assembled, trials for crimes are to be had . e the circuit juage and three assessors. It is worthy of remark, that since the fir institution of the circuit courts, it has never been necessa.. to resort to this provision, and with the increasing population of the island it ha.., become, and is likely to continue, ,i di .d letter. This observation will apply equally to the prevision In the twelfth section for the recording of tlie evidence where the trial of any civil action is not had before a jurj-. (18) " It shall be lawful for the n'aitMj^ or plaintiffs, defendant or defendants, to appeal, ,J-c." — The fourteen days withH which the ej)pellant is to giv. notice and perfect his security have, in practice, commenced to run from the day of actually signing judgment, although out of term, in an action at law, and from the day of signing ana passing a decree on the equity side of the court. By a subsequent part of the section, the supreme court , not to admit or receive any evidence which was no* tende 1 to the circuit court, from which the appenl may have been bru. ght; and, a by the concluding poviso the court of appeal is prohibited f.-om altering, reversing or inquiring into any judgment of the circuit courts founded on the verdict of a jury, except only for error of law apparent upon the record, and all issues of fact on ti.e common law side of the circuit courts being now tried by jury, it folia*, that appeals where the evidence is again inquired into, can only be in cases on the equity side of the circuit courts, and which, in effect, amount to a rehearing before all the judges, '^he case of Warren t\ liiihardsoi, in 1840, was an instance of an appeal of this nature. The proper course of proceduie in appeals under the terms n NOTES. of the proviso above mentioned, would be by writ of error. Appeals, Sec. 14, however, from the plea side of the circuit courts have been of such rare occurrence, that there has been no settled course of practice in reference to them. (19) " To permit atid allow such action or suit to be removed to Sec. 15. such other court, Sfc." — A diversity of construction and practice hai existed in reference to the terms of this section. Mr. Tucker permit- ted causes to be removed freely at the i.istance of either party without special cause shewn. Mr. Boulton held that the court had no power to permit the removal of a cause, without the con- sent of both parties. His successor, Mr. Bourne, however, sanc- tioned the former practice but only upon satisfactory cause shewi., and the practice is now rightly settled, upon this construction^ The power of removal given to the courts is similar to that exercised in changing the venue ; and they are to decide on hearing both paities, (If the application be exposed) aa to the balance of con- venience. There are no negative terms which make the allow- ance by the court dependent upon the consent of both parties. The necessity for removing c luses fr im the circuit to the supreme court, for the puipose of enforcing the attendance of witnesses re- sident in other districts is now obviated by the practice, of late years adopted, of issuing commissions from the circuit courts, to take the examii dionsof such witnesses. (20) "All actioni, at late or suits in equity, (^rt"— This section SeC, 16. comprises many important subjects connected v, ith the practice of the courts, which are treated of in > sumncary and confused manner, and it has given rise to more doubts and arguments than all the other sections of the act together. The different subject-matters of process, bail, trial, judgment and execution, should have been treated of in separate sections, to avoid the obscurity and the diffi- culty of construction which have necessarily arisen from their being all blended together, in this one section. That portion of the sec- tion wliich relates to the process of attachment has been amended by two acts of the local legislature, first by the 5, W. 4, c. 2, which was repealed by the 6 Victoria, c. 10, which will be found in the appendix, and by which amended and more enlarged provisions were substituted for those contained in the repealed act. There are other portions of the section still subject to a doubtful and at best inconvenient construction, more particularly the part relating to 59 'i: r |: (JO Sec. 16, . .-» . « m XCTES. ProceednLl^:: ::;\7-^"^ bein, established for bo^h. their natuJfrortC It ?;!; "\'^°^^^^-> ^^^ different i„ forthorecoveroftrta irTn" "^ "' """""^ ^^^■• ofattachn,e„t,l he fim t **"''''°" "^ *° ^•^''^'*«' « ^^^ manner ^ i„ ^Tion.attw T '":'^"'''' "'^'^ "°^ ^^-^' '" ''^'^ defendant wasTdeb^u to T ""^^^'"^"' ^'^"'^ ^^«^ ^'^'^ was raised in 'tte: TZZ: T"-^^"^- l-"<^«. «de of the central circuit cor '"'" ^" *^' "1"'^^ after lengthy ar«,n^enth'r; T"^ """^ '"'«' ^ ^''-^ positive i^Trsect^,:?h: 'rt?-''"' -'^^-'^^-^-^ thj «ttachn,entmustbe resected 'o ,7 ^ " ^'^^ ^-t instance by cess to enforce the ann ^"^ /'''*'"* "* J''^.' and that the pro- -rdin, .oTrorrri ri^tr^ ^ ^^"'^^- "^-'•- the equity Bide of the court '"'°"'^ ^"^'^ '"^'^o" chattels, it 1 thf p Jtl: tolt^rnri t':ttr::T ""' in real estate. In the latP Ant ,• , ' "f parties Hi N'OTES. I bail abor. HMn similar cases in the court of Queen's Bench. This S.C P^acuce, winch prevailed for .any year, and which was also in co " rnuty w.tn the fiftn and twelfth general rules on the plea .ide of he supren,e c.urt, was a most convenient one for all parties, and was further advantageous in Jns respect, that the decision, pon the rracuco .n hke cases in the court of Queen's Bench could be made I a!S tt ! Tn- ^'' ■' '" ''^""'^" '^^" ""''' ''^ "- P— t learned and talented Cluef Justice,, that a compliance with .he words of thi, I seoon. requa-es that the security to bo given should be approved of. l.y .he court an the first instance, as well i„ cases of arrest as of .attachment, and before the defendant or his goods can be dis- cnaaged from custody; and the present practice in such cases is for ^- ^^f-'i-t to g.ve security in the first instance by recognizanco :n the form of a special bail piece before the court, or a i:Klge at chamber, - the „ail satisfying the court or judge of .neirsufficiency on examination under oath before them. As to attachments, how- ever. It. s still usual for the sheriff, except in important cases, or whore the amount in question is large, to take security to himself n>akmg Inmsdf responsible for the value of the property attached.' n. 36th rulef provided for his relieving him.elf fromresponsibility by akmg security that the property at.aclied should be foahcoming nt the return of the writ, cr when demanded by him.| inth '■' ''.'■'"''= ""^<-'l'"'J"stioo at chambers M " 3 Hl'l' t I'ngp loO, jiost. t The structure and vrordinjr of f-c wl.nln r,f .v., ip.i •IS may ncll have caused thn V.,. , ° "'''' '"''^''"" "^ f"":'' a vadous ti . bcc^Tttcr, ' t',,r .1 '"''"'"^ of opinion ,vhic!> havo I"ovi,i„„s, .-^ dno, ,^to /b ^^'''''.''1' '■«"«t'-'"'t;ou of its dillercut 'vh. have i^^ujz^z^^'z:'^^:':^^? f "r'v; ^° ""^ j'-^'^-^^ past !l,e practice (■ulc.wel ins been ,.,' ",'• ^ "' '"'"'' >''^'" -..nnton iL curts upon «, •:r ou " r^ ^d^Mcd • ^ ttLc: hlo"^ ''"^"^" aiiove relerred t'l in,! «-l,;„i. , <>^ hhiulucu , uut ttic lale decision! n-v.ct,loc^7^o;n,c- :1 ',:■" ""■:''' ""'^ """;'' con-ideration. ha^^ v;-vs,vhicbhave I^ee mu r," ed cAm "br ""?' 'r'^-"-'. ">e ditterent 'nist I shall nut be thou, it «' ' "'^^ "' \'"-^""-'l' <'l ""r jurisprudei.ee, I ^■"iM..s upon and t 1 tb 1'" T""''' "\ "*'"'" " ''^"- "''^"- !:Se^ ---■^■- -' -"= wb- Se tiS^ - - lU. an .stablUhcd rale of U,r ,(.,. all act, iu pari ,.,t»,^a ar, to b.t.,koH €1 16. .f . rm. I'.i asrsK ..«i^ 4 I NOTES. (23.) "And to cause to appear from dau to day all narl ^^re.^t,erei., and to era.ine .^n oatnLy ^i:^ ^^ coir. " ""'■'^ '''' " ^">' ^""'"^^'^ -t-n at law. t alt- :."'""'"''' "P°" ^"^'^ P-^-" °fthe sectio; alt oughl have known the application to he „.ade „.ore th. on e. The power here given is at variance with the rule that i aeons at law no .an sh.l be witness in his own cate Fo Itullhad"""'"''''"'^" upon default, which asses, ments «ere had m a summary way before the judges, it was th effect to the whole. Sc o tLoSHcn'fi^ if possible, togiv nble to the liberty of t.he sub/ect and vhT^h ', ' '^'.V''^'"'^ '^'S'''y ^^vour has alwavs been considered in Vornotr '"'"^'^ ^^ construed liberally law equally applicab^ to our onditS ^nd "•""' °' ""= ^"8"^'' «*'^'«' our fellow-subjects in EnZnd NaT ^^ circumstances as to those o under consideration declare that thp V , "^'i """ ''"'"^' "^ the sectio, of custody until he shall h«v.„^ defendant shall not be discharged oul by the co/rt.s"tiS ttl a" S^s^tftot^"^ '°. '' ^"'--^ act do not repeal the "3 iTenfi^?>'"''Tf'';*''"'*'»e words of the latter take bail, otherwise an action on ibn'.^ ''I '"'' '^.' ^''"''^ " ""'n-ed to reasons :LFirst, because .e words of thn ^'%'S^"^'' »>'">. ^^^ for these fur as concerns t ^ ap^ova o7?he cm, ^1.'°" ,""''" -^""^id^ation, so special bail. The relu' n o th sher" o a "rit'ot'"" '° *"*" ■''''"'■'' °' paratum haheo, and by the exigency "f the wWf I • 'P'^' '' '?' '"'>"" " defendant fortlieoming only at the return nf, •! 'T"''^ '° ^^"^ '^e ceive, that tlie court is to ^iK^ifv Its Innrn/, fT,"'v •!' '"' "^"' ^ '°"-| their justification, addition,\7a ^r Ze n ',i- ",^''/° '"J""''' ''^ Riven to hiju to except SecLdl l h7. u ". '^^ P'"'"*'^ ""'^ ^i-n* Judicature Act. our corns are nSed w tT 1^^. *''' ^"' '^^''°" "^ »>>« cf the con..uo„ law cour anVcstm n ter TTnfl ,' P°"'" "'"^ *""'°"'-^ ci t!i. i-r.T'.tlce I f.. .,.„ r^••■ , tjn;ch>iig or conccrnins the appoint '" " nTi bo cnly iiii^niit s>:pcial t.ii, St i irii'U::- .it ici •inicr, to lako bail, Iv •,vhic': . ]'. •••■•.:i-p ;: ..a-.; ■ t:ie 111. "t" hi-kw. 'i ho-ie :y established ve . !■>.■ •.■:,.• 1, ,.-,■.. , , ^, , between our cou'ta anH fho '».".," i-"u ' "" '""'i;'""^ .uiu.igy established sosdngthelike powers witi en *--^ "°""""" '""^ <^"""^ Persons pos- all parU of a M^shouWI .;!"?'''","' '" '"'^'^ '""l "' 1^"8'«>"1- >^o« but if bail is tTbrniu in I H.;« I" '° "' *" ^"■'" """"'* '" ^'"^ "-h"'^. era judge, thi:'pTVf";h;\a%t ^b ^^,%::'^,::;''[ ''^'•"- •»- r-r' court to appoint such commissio,,„s nu" i:rv But H^ ''°"'"' "' "" centra c rc"il c-"-- 'avn --o J '"Uiu.tj. wm tlic supieme ami ^'^ '°- •*i'"»»«i of year, recognised the practice of JLL.A fey all partUi fsuch parties, I n at law, the he section by be witnesses, e more than rule that in| cause. For- ivhich assess- es, it was the itute should be )ssiblc, to give highly favour- rued liberally, nglish statute as to those of of the section lischargod out J be approved is of the latter is obliged to and for these sidcration, so ail above, or "epi corpus et d to have the then, I con- be given, by tiff and time 'ction of the nd authority w", or rather vcd, particu- 2th general of the terms part of the ived by tlie which, our ving section :hc appoint- "nut s;:pcial t »v. 'j hose tstablishcJ ersons pos- and. 5,'ow the whole, J the court •prs of the pveme anii practice of NOTES. Ipractice to admit the plaintiff to prove his demand upon oath • but Sec IC Ith. practice has been discontinued i„ the ,upren.! anT e'ntr cTcutt courts for n,ore than twelve years ; and by the 4th new" uL on the plea s.de of the northern and southL circuitcou L (December, 1836,) it has been there also abolished. (24) " And «„cA order, ju.hjnunt or decree shall be enforced, &c " -To qu,3t doubts and to legalise the prae.ico of levying on moneV under wnts of execution, the late attachment act. G ^1.^0 10 U. 11, contains provisions inserted for this purpose In the caseof Carter and other, „. Garrett, argued before Chief m |~ers to taue ^^^^^^'7^^ O^ ^^^^^ [charged from custody, when arrested shm.hf "^ ^-^^^nJant be dis-' not by a judge, whic'h in most a es ^f arr t wouFIb""'' '^' '"r""'''' ^^^ ■s quite competent for the court by its practice or h "?'P''**^'.'"<=- «"' it that purpose, to signify its appro al of th- K I ''"'"'/"'l "'^ers for ,'vhich are taken b/ the^ sherCpeie'cted S the T'^""'' "'•^"'^'"• which under the sheriff's resDonsihilifv,,. the usual manner, and afford the plaintiff all the secu'r "; h cJA deS "a''' °l^'^'•^'' ^<^''"'. struction of the words of the secfion T llfttT' . ^''l';' ^^ * '""*' ^on- . ho benefit of the act 43 Geo 3 c " 6 and thn^, T"'*^ ^' ^"''''''"^ ^"^ find persons to become his sureties wo'uM not he th T^" ^'^^^ ^""'^ "°' in heu of bail, allowed bv thisart i^.c . V^ '° ""''^ the deposit h'fficient bail to be app^rb^^rcrrfh" c°o",^,°." r"« ^'"' ' ^■^'^ 't'u^tody. But the latter act as also t'hp /a ^"^ '^'^^^harged fron» ;^a^«t of bail ^<^^:c:t.Xi^'.:^^^x .~iTn^raio"xSr^?gU'eS?grsfthr'^=t "^^-^* -^ i"t upon the words of this section A /?^ ronstruetion lately -art of the island cannot be broS betore the "','"''''='' '" " ^'«'»n' :reat risk, delay, and expense and ns?me p^^^^^^^^^^ t certain seasons of the year s„cha rnnr^n T i// ^'' "'""'^' "* *«'' »» 'otice of the proposed ba 1 to be annroveH bv?^ *" ""P"«^'ble. Again, 'o«:ven to the plaintiff; and as he nm- re,;H^ t' T''' '^""''^ '"J"''«^° i>st be retained in custody in thp-n.' *' ^'^'^ ''"'^''' the defendant '^■aving the plaintiff to Is exception The h!."}' ' "'' '^ '"= """ discharged, heir option, their previous S"'r '"*'''"''>' .«' may not justify at 'ithout notice anLrortrnitf^^^^^ " ?"■'"""» ''^^'''° the judgr '■ain.iff, not bei^ g peXt ," d there"^"- ' "''-.'""" '""""'''"^ '° ^^"^ 'Pon, and ,he sheriff being dSar/e.^roT^n^ ''■'"' ^"^'"'^ '° '"'*» b«^k »o"ld be without the seclS to wW°h '^"''''"''^■''^^P'^ntiff ^thcr hand, the protectio.rof tL nlaS L Hi, " "*^'"'''*- O" 'f-" :hc defendant are r„„.,ll!, I 'a"'tiff, and the reasonable liberty of Kponsibie:'aV,d^wh:Tirc:r,t ^^::^sv'' n-""''"'' "^' -^ \^^Z bail by bond to ^^r..^ t!^;^:! ^^;^^^i^. '^' I 64 Sec. 10. Sec. 17. 4 NOTES. Justice Hournc and Judge Lilly at Chambers in Rbri-ary 184 the question was raised v bother or not the sheriff i. bound to ,„ a landlord a year's rent on levies under altachmtnt, in like mann, as m cases of levies under execution, pursuant to the statute Anne, c. 14. In that casetbe judges decided that the sheriff was n, justified m paying over to the landlord, but intimated a doubt as t ^yl,ether he Mas not bound to retain and not pay over to the plain tiff II. the original action, in case he went on to execution. In th case, however, of Keen, an vs. Oaneti, tried in the central eircui court, October term, 1845, the same question was again raised J verdict for the plaintiff was taken, subject to the opinion of the court and upon subsequent argument the verdict was set asideandanon-sui entered, the judges being of opinion that the writ of attachment in m here, being a process not known to tlie En-rlish courts, was not withi. the statute of Anne, which appliesonly to writs of execution. (2j) " To rnalie andprescrlhc such rules and orders, c!)V."— The royal Qliartcr iss-!cd in pu-suance of this act, prescribes the rule, ant' course of proceeding under many of the heads contained i,. this section ; and by the first judges of the supreme court, numerom rules and orders were from time to time framed and altered, and v -ai; repealed and altered by subsequent rules. As these rules wcr promulgated at diff.ient times, and owing to destruction bv fire and other causes, eopics of them have become very rare, I have thoug, It useful to form a compilation of all the rules and orders of t' supreme and central circuit courts now in force, a copv ofwhicl uith marginal notes, will be found in the appendix. The rules o gmally framed under this act and the charter, for the circuit cour nnd which now apply only to the northern and southern circuit cour remain unaltered except in a few particulars. I mr.v observe t\ by the latter rules the mode ofempannellingand summoniM-j.-.i in the central circuit court v.-as the same as in the supreme "court- and by the new rules on tlie i)lea side of the supreme court, th practice in both courts is assimilated. IJy the new rules of tl Court of Queen's ]5ench, adopted since 1833, very many improv ments have been made, introducing greater simplicity into practi, nnd pleading, which render the decisions in reference to them in great measure useless to us ; and it would be well to revise an^ modifv our rules so as tfl adopt the improvements nbove-mcr tioncd. rm P'i KOT.^S. U=»=u«..kicH „,.. having r„,«„'d U., 11^ f" tr'l" l.cy .ere framed, .ere ,q,e.*di„ 1934 b, u.^' '»' »'"«l' I, tl» ,„e. .Me of ,he e„«'„,ie„ p^u i "7^"" i™'"' l„.c, a,.e„d ..d ^modelled ,„ .he „■ of Jo^. f 3 t "w I An m to meo,-po»lo , |.» «,ciMy in .Vewfou„dl„»d ? pl»lelheod„is.io„ofba,ri,ler,„d..,r„T , ' ' '»"- LronhHetdbytA::;:;; 'r°'''T,°'»«™=- '» locittj. Thcthrceactsabovementioneclwillbefounrlinfl, , . ,:o, o„„„ ,ho j„,„„d th., tte .o„„ thereby JnstiL ed hT, ti*r;:=r=-i:brr:^:: M.{7{,csita, that if a competent pcrs^ju were 9 G5 i:-.- 7^^. G6 Sec. 18. Sec. 22. ^I'll NOTES. > appointed to adjudicite summarily, and to act in the capacity a well of a revenue officer as of a judge, tlie ciul desired would b« obtained, while the expense of the establishment would be in a great measure defrayed by the amount of customs' duties collected there, and w hich now are lost to the revenue. One of the greatest, indeed the chief objection, to the former system, was the excessive dis- proportion of the expense to the advantage derived from it. (28) " Courts of yeneral and quarter scssiont." — The courts of ge. neral and quarter sessions are still held by proclamation of the go- vernor, as directed by this section, and at the following places, v St. John's, Harbor Grace, Carbonear, Brigus, Trinity, Bonavista Greenspond, Twillingate, Ferryland, Trepassey, St. Mary's, I'la ccntia, Burin, Grand Bank, and Harbour Britain. Until the passing of the colonial act 1 Victoria c 4, the courts o! quarter sessions exercised but a limited jurisdiction in criminal cases. The expediency of their exercising in all cases the extensiv summary jurisdiction in criminal matter.-!, by the more recent acts cl parliament vested injustices of the peace in England, is very question able ; and in the session of 1813, a bill was introduced into the local Icg'shiture for the jjurpose of divesting them of the powers exei cised by justices of the peace in England, in the summary adjudici tion of crimes and misdemeanours. The bill did not pass into law, and was, perhaps, too sweeping in its provisions ; but somo curtail ment and modification of their powers seem desirable, in a colon' where the condition of society is variant from that out of whic has grown the necessity for the exercise of these extensive summa powers in England ; and even there the expediency, has in cases, begun to be questioned. Besides the extended powers con ferred upon courts of sessions and magistrates by the abovemention cd act of the legislature, introducing the English criminal la many local acts have invested them with jurisdiction in spec: cases, and there is scarcely one in our colonial statute book wliii does not impose some additional duty on them. Thera does not seem to be any good reason for the distinctio drawn in this section between disputes as to the curing and dryin offish, and disputes concerning wages, the supply of bait and th hiring of boats,— in the former case, the jurisdiction of the sessio courts bting limited to sums not txcccding five pounds, while the latter cases it is uidimited. NOTES. ft appears to me that the jurisdiction of the courts of sessions in Sec. 22. J, Mmple actions of assumpsit might, with safety and advantage, be I extended to the trial of actions for the recovery of sums not ex- |cee(Iing£20. In tlie distant outports of the island more particu- larly, owing to the intervention of an entire year between the visits lof the circuit court, some such judicature is greatly needed. I am laware that, in the outports, prejndices are said to exist against the jixercise of the extended jurisdiction of magistrates heresugifes- Ittd ; but the same prejudices would in a short time, with equal force, ■prevail against the exercise of similar powers by resident local judges. II am inclined to think, however, that these prejudices are greatly Itxaggerated, while upon the score of competency, the gentlemen Tforming the stipendiary magistracy of the country, are becoming kluily better qualified for the exercise of such an extension of jurisdic- Ition as that above suggested. (•Id) " iravuiff a house of trade, or carnjincj on business in SiiC. 23. u'lrfoundlnnd." — It seems questionable whether the law was ever intended to embrace the wide range of persons to whom its Lovisions have been extended; for, in practice, persons of every kradc, profession, and calling have been declared insolvent under hlic provisions of this section, the sum total of whose debts and Jcrt'ilits together has, in many cases, hardly exceeded the sum l^jualifying a creditor to act as trustee. In the case of Walaham is. McEachern, Supreme Court, B)eccmber, 18^2, the court refused to extend the provisions of the' law to the defendant, who had large effects within the jurisd'.jtion, [)ut was not a resident, and had not a house of trade, and did not jarry on business here, beyond the transactions involved in that fcase. The court held that in case of non-residence and not having ^ house of trade, the " carrying on business" must be continuous In bring the party within the scope of the act. (30) "//I shall be made to appear." ~li is quite competent tor any third party, being a creditor, to interpose and make the Jefendant's insolvency apparent to the court. I do not, however. It-collect an instance in which the proceedings to effect an insol- Vcncy have originated with any other party than the defendant tsainst whom the process has issued. The usual course is for a Triendly creditor to institute an action against a pai-ty desirous pi' obtaining the bcnelit of the .\ct. J. nr «T §. iL:i'. S£C. 23. ^4 in NOTES. (31) "M th. ,-cturn (junurt elii ■om time fo time mako such orders a, it shall donm proper for Sec 2.'J r.iT (lUcoveiiuf,., collcctinfr, realizlnff, and distnbutinjf, &c., I'l distribution ought not to ba made ev.ccpt upon an order If the court, and ^iter tli; exhibition and allowance of the :e')ua;3 of the trustees. Although the term "court" is usealc may be pleaded, and shall be a bar to every suit or action vKvSiot brought in any court in Newfoundland, for nnv debt icurred prior to the insolvency. Although suits or actions 'in any mrt in Newfoundland only arc here mentioned, yet according to .c (locision in Potfc- rs. Brow,,, 5 East. 124, sucli certificate n.?ght pleadjd in bar to an action brought in England, for a debt con- victed in Newfoundland by the insolvent prior to his dcclaraUon 'insiilvcncy.* (31) "/({ shall he lafcful for the said j„dgen respcftlrxh, to ''ifc such person or persons to he arrested." — Undx has been 13 care with which certificates of discharge have been obtained, at I cannot find a single instance in which an insolvent under the' 'ovisions of tiiis act has been committed by a judge in pursuance the powers hero glven.f The acts of the local legislature in tXhia i>owcr of conmiitnont for disobcdicno. of orders after insolvtii- nlr^nnf "'" '■ ■' ^' '.^ '•; 'l'™''^'-^ in 'he case of ;,a insolvent under ir,li.occss,;,ursmnUt,.taci '.V'. 4, c. xi, which gives the courts the I oh'''lcv"' '" ''■'^"'' *' "'^ '''''''' "^ '^' '"■''"»• ■''<-• Morgan's In 70 Sec. 24. Sec. 25. XOTES. -.mon.lmont of, or rather in addition to, tl.8 branch of our law, a •'" - W. 4. c. 11, f„r the relief of inTOlvent debtors charged "- .Ut.on. amended by ,he 7 Victoria, c. 2. by which more exte, .ve proTwions were adopted. The two AcU will be found in tl ■' ipendix. n>e whole law as to in..olrencie« declared under this Act ( ieo. 4. c. 6.,) require, revision and a-nendraent, especially for th ;>revent:on of fraudn which are perpetrated with perfect impuni, by d,shone« d. tors, in the fraudulent alienation of their proper, and effect, up to the very h. -. when it may suit their pun>oses ., seek a declaration of insolvency, and for which there is now r, remedy whatever beyond the witholding of a certificate of di. charge which, as above-mentioned, can be but too easily obtained To cu.e th.s evil the court should be invested with power to puni.^ parties by imprisonment, in the same manner as in cases of insol vency declared upon final process. Dispositions of property mad -.thn^acerta-n period before, or in contemplation of insolven,^ should be also declared null and void. A bankruptcy in England by the late amendments in the bant nipt laws, vests in the assignees from the tin.e of their hein-choser all the bankrupt's real and personal property in the colonies.. weU c, in England.- Formerly it vested in them his real estate only from tJ.e time of the execution of the conveyance by commissioners to the assignees. Ilegistration of a certificate pre scribed by the Act is necessary in countries and places, when registration laws are in force. A prior English bankruptcy gen, rally supersedes a declaration of insolvency of the same party the courts of this islandf ; but the courts of this island will requi« Becunty for the discharge of preferable claims payable by the law, of this country. (35) " That nothing in th's act contained thall affect the pri chums of seamen and other servants, ^T."-It wouldbe somewhat f reign to my purpose, and quite exceed the limits to wliich I wish i— confine myself, were I here to enter into a discussion of the expedien cy or inexpediency of the preferable claims of current suppliers an fishing servanu in cases of insolvency. While the rights, howevei of the current supplier in cases of insolvency are secured by the -: visions of this section, those of fishing servants in like case. ...v • 1 & 2 W. 4, c. 56. s. 25, 26. f MuUowncy's insolvency, 1832 ^.-^fr^^^. 7^) Sf.c. 25. Sf.c. 26. XOTKS. • general merchant, although at the same time directly concerned in the prcocutio" of the fishery, has been held not subject to the law of current m; ' ';- otherwise when the supplies were issued on the fauh of the proceeds of the voyngef. Itseems that rent of a fishing room would be ranJ.ed among eurre.* u^pplie, under this section.^ (36) "J/,.,aal or domestic ^ rr« -A .shopman to an a,K,the. cary has been held not to be a m. , or domestic servant wiiMn the meaning of this ..ction , § but the co.rts have given >he section a liberal construction, where it has appeared that the party nprformed menial or domestic services, although generally employed in another capac.ty.il It would be well upon a revision of the kw regulating insolvencies, if out of the general proceeds of an insolvent's estate! servants and clerks generally (without affecting the privilege here given to domestic servants) were allowed six months wages in the name nianncras a similar allowance is made by the EnglLsh D -.nkrupt Act G Geo. 4, c. 16, s. 48. ^ (37) "*•;,«./ die in Xeicfoundland, or in any place or seas or 7! 5";"'^'" ''*' a'^<''-">ncnt thereof. "^In the matter of the estate of Thomas S. ^ird, in the central circuit court, October verm, IMo, It was decided after argument, that the party whose estate .8 proposed to be declared insolvent, must have actually died within the government of Newfoundland, and tha. having h- a house of trade, or having carried on busir.ess here for an: period of vears a.id having temporarily resided in the colonv. would not giv; tlie court jurisdiction. In that case the application was made u.^on the petition of a creditor of the intestate, and opposed ;,v i..e .dmini,. tr.tor. As the distribution to be made b an execut. ' . j^jni,. tr, or under this section is to be according to the manner of distrl- bvuon by this act directed in respect of the estates of persons de- clared insolvent, with the exception of a resevation of the ri-^hu of judgment a.-- specialty credi.o., only, it may be thence inferred that a simple t .ntract creditor cannot retain. (38) .' The registration of deeds, u-i/is, and other assurances."-- This and the six succeeding sections Imvo been materially altert J • /?e Le.Vessuri(v'} insolcenr',. Meet ca'^a 4U r^,.,, j /-.i , Msolvenry, supreme oourt. 1831 ' ^'"^'"' "'"^ ^'"" t Cunpdim's hmilvenn,, supreme court 184; T brloct cas<-s, 222. \ ^ff f'"^^on-s ariuUcuy. suprvnie court, April. 181.-, (, At /f,v„-.a- .• ,r.sJii,ir;/, cciitral circuit . ..ut(. Mav. Is-iy "I ' I Xoi'KS. -nr. the expiation of tl.e F.hery A... (. Geo. -,, c. .]., until rcrv ^k< atclv. been eon.de.ed ,o h,.v. lap.ed ; and notuitl.st ndl it, rntral c.rcuU couu since 1«34. when ti.e Fishery AetexpiLd oa , P .cauon. .0 far as I a. aware, was at any ti.e iade to el Z ^:::::::'rT"' '-'''" --'-^^''^ p-edsof:: ts: >ent s citv, unt.1 .„ the recent case of the distribution of the proceed, .in itbruarj, 18^0, it being previously understood to be tho -aw .n fou . In the matter of the distribution of the estate of buhvan above-n-entioned. tho present learned chief jus ie and .MS ant judges Desliarres and Lilly, after lengthy ar.lent he .out ,.v.n, any opinion whether the ,Cth si. of t, e i/g o ' •i .«a,sor was not n. fo'ce,) .hat the proviso tothescctionnowunde; cons.derat,o„ gave vitality and perpetuity to the prior rights oh crmen.underthelOthsectionoftho \,.t-.<- i -, '^'--'''^ ^'' "-h- that the Imer \,t . '•^''•'^'-''•■^'^•"'."ot^ithstanding that the latter Act, bcung a temporary one, had itself expired f 3ut .n the case of AV//, .. M,,.„ „,, ,, „^,.,^^^ ^ "^ last spnn;,' term of the northern circuit court th. , > clnof jusfcc. after more mat...-e eonsidJ Itio 1 '"■" "''""' «1- the H.h section of the ,.3 Geo t ' rStT' " '1""" repealed by the first section cf the 6 Geo 4 c " "•"' "'^ c..^.l.stionwa. never be.re.:i^:X;i:i'^^^^^^^^ The estate of a person carrying o„ business to a great extent as a rVbruarv. ISJl. -./.„,.„„/., o/^t-W 's T i^ ^'T'''^'^ ''"""^•" "' See to the s.„„ eflWt, the opi„i , if',, ' "■'/'/"■"'''■'•■ -\'«. 3;) ««rf 43. Assen,l.ly in Mar.l. 1811 .1 """" "*"'''" '""1 'j'^'<'ro the ■Soo also opinions „ f , o ormvuT. W n;,"^';'"'""' '^ "'"' /'"'"■' «-'• ''*••» ".Pon .t «,-,.., that tho wor,ls ,.f ,1c L ' ' •"" '"''"^'""■'io.. latolv put "...; an.lcfr,...t of then hci„,ML!^.^'V.rwm'7h"''''''''''' '■"''' "'" '"''"- <-odniK part of tho .«o.-fi„n „rci,„ Li, , ,7 "P'-mHon of (ho prc- -thor servants, pmsunm,.; j ' S cl- i ns ',""" •'''"'"' "'' --■'"'» i'"' of the proviso r.preUlv M-Uar v V ,J;;/;7''''^''''^ "^ "-d* «li'.t>o,.vcr n.inrr fhrv ini«hr I ,• ,L , ''""' """■' ^-rvants. of '•^^^!.>- as if th;s A, f hvi no,1 .. '„,;'^;'' '"""'^^ '"''^--'■r law ,lrnu.,!. pr- 25. ';"■' ,"•; ""'• '■=■' ''"" '-P»1«J. ."d .he .fc „,-,he ,.-,,„" -.T » .he .u,„. J ^Ti; "»•»>•.»„», .pp„I„M ,o ,d.e .Mavit, !'^-.-o.h.«.ao„7;,r'i::!:r xirr;." ju4'c, master ia chancer* or .j.- r • s'K'iature of ihe i .hecortiSeatc of I nr;';u:nf :^^^^^^^^^^ '""»" ^''"'^^"'^ ''^ the town or place P°"'" °' I^""'° »=»J of ration befor. i ''^■' '"'^"^'^'^ ^i' "ffi^^^vit or d.cla- -:; : :^ crT^ '^ ^ ^'-'^-^ -^^ -^-- -- ^ •si^ months ^r he ra^nTf ul ''' ''''' ^'^^ "-' ^'^" and tv,c.lve months ft.f ' '^"'"''^'^ "^'^ the eoh,ny , -I pos.,s.on ana ::r^^:'X:-trr ^'t ''- require rcffi.stration Tn rr ■ ^ ^° ^^^'^> ^o "»' A..-, "^..t rahe nh'tT:;:/*'!' ■"'■'™» -"• '° « fa«e, m, J ,1,0,0 ,L • ■■"" ""' '"'■«'■»"' -""" 7J ji: 1 -:-img-- 'jK .,.-,Ai(:'_.L-:.- 74 Sec. 27. NOTES. .-tee or lessee o.ocJ'T^aZ Tl '"' 7^' '' ''''' '>' from whom any interest Zy pass ' '''" "^ ^^ "">• ?=»« should be consolidated 2 /?' '' '' '^''"'''^' '^'^^ '^^' also in an, future tt ovil ^ , ? ''". '' ^^^^ ^« -' St. John's abstracts of Lt^^^TTT' 't^'^^"^ ^^ "outliern districts, or for th. . ,^ ', "^ '" ^he northe n and tween the differe t L^:, 'Z^' °^ -^ "^^tracts be- tionarealto^eth^rtoohXlsho /rr'T "'*'" "^'^''''• I'owever, being made to kt''^"'''^' compensation, Should an equifycour beat': fit"-"'" ''"'''' "P°" ^'- district mi.ht with «^!. "''^^'^''^ oi deeds i„ the central br which he pit :f 2'!"^' "P^' '^ ^'^ ^^' ^ ^-'' -. - 6. vested in the j:x:;:^z;r:^:;r?- ^^~-^ upon the subjec. A copy of the Actwiuttn::!:;;:^ wclve months be made by a by any party lear enough, ile that they >uld be well alf-yearly to >rthe.n and hstracts be- )n regjstra- mpensation, jpon them, s suggested the central hose of the NOTES TO THE CHARTER. (1) -ne several offices of ,naster, rer>!strar, arcountant-geneyal .^ .p . or;>ro^Ao„o^a;.„"_1.}^ J . „ , „ ' ^"'" <« Office of RcgiV the dufp, rnrr 1 . '^™''^' '•'S''^''' "I- rather traror Protho. the du,seorre.pond.„g to those performed by the master, re^U-^'^'^^y- or nTrst ^^ r'' °' ^™^'^°"'''-^ «^ -y «^ the eo'urts^f 1' rson, ^vho is styled the chief clerk and registrar, and who in a.W.on, ,s called on to perform various other^incidental d es' f hfTerent kmds. The office of clerk and registrar of the c n -al ncujt court was by an act of the local legillature in 183." „ bmed w.th that of chief clerk and registrar of the supreme '.on -d thedut.es of koth offices have since then been perfrm;d bv one person. That act expired upon the ,ate vacan bu the crown has continued the same arra.iffement bv nn. • » person to ffil both offices. The 1 Jt^ rd^rlll ^iT bl courts on the common law and equity sides bling the Zme i zrunir ''^'"'^^"'''^ ^^^•"°*-^^" i-tionsiru'id.; md r th unzforrn management of one person, but from the increase o he e duties of late years, and also from t),eir multifarious nature th:nk .t M-ould conduce to the public advantage to separate he unctions of clerk of the probate court and regisLr of deeds frl nr/utr;';' '' ''' '-''- -' -"-' '-^^ ^^ purpol "" '° " "''"'■ ^^ "^"^ "^P°'»^^'l ^- that other office, 4-.., shall be so appointed by the chief jud.je* for rot* ^''Z'lSt^ZZTtt r"'~?"""'= '""'' '" "- ^^t --^ '^»"a«er. iuvariabl/used. "^"'*"»°^Mr. Tucker, tl.c style of chief justice has been - f k If '' I IBH NOTES. OfBorn to he thr tima I..:.,., » ti. i app-mitod by , "'^- ~ '^'^ "'^-'>' wtronnffe whJch, hv virftie of this Clikf Justice... clause of tlio charter, tho chief justice has ns vet had it in his power to exercise, has L-ecn in the cnpointment cf the crlcr o-.d tipritaif; un!e,-3 among the officers to be p,pi)ci;:tO(I I- C: ch'c; ju'Ve I indude coniKlssioners of aftidarits j:nd ccr.:n:cs:oner.i yr^ta'dn- reco-r.inances cf bail i„ the outports. In Enplane: commissioners for taJvinf; affidavits --? bv tlie 29 C ar. 2, e. 5, appnintod under SlirrifTofNcw toumll luil. I I the seals of the respective common hnv courts at V/estminater, by the chief justices and jud^e., or by any two of thejud-es of the resneetivs courts, of whom the chief justice or chief baron of the respjctivc court must be one : and commissioners to take bail are by tho 4 W. & Jr., c. -I, appointed in the same manner. In this island the„c commissioners have been hithe.to, by virtue of this and a preceding clause of the charter, appointed by commission undsr the hand and seal of the chief justice alone. The supreme court bein- by the Jut^icature Act vc t ,1 with the powcrl and authority of the cou, ,s of Wc ln)inster-hui;, who can appoint com- missioners of affidavilsand brrl orly by ^h•tue of tlie powers and in tl:c mode given and pre. cribed by the above statutes, it seems reasonable that a similrr course of procedure should be followed here, and it may admit of a question whether these comml.- ioners are of the decripiion of officers contemplated by ths charier. Bsoidcs commissioners of bail and af«davits, commissioners have aLo, for facH'tating the administration of justice, been r.ppcintcdat dr ta:it outpoxis to issue original process returnable in tlie diiferent courts. • (3) "Sh'rif of our mnl colvny of Narfmidlaml and Ua d-j>cmL;icies."—In!^tcad of one sheriff for the xhole colony, by the act of last session to rc-ulate the appointment of sheriffs (of which a copy will be found in the appendi.\) on the first Monday in July in each year henceforth, a sheriff is to be ajipointed for each of the throe districts. To facilitate the administration of jur;tice, the Hherifffor the central.'district is required te transmit to the slicrifts of the ether districts the process to be executed by them; and also to grant special deputations to execute process in tlio northern and soutliern districts, Salaiies are provided for tlie sheriffs in lieu of fees, which arc commuted and to be jjaid into the treasury. (4) « Ami ICO do lurchy rescrca to ourseff, our hvis and suc- cessors, ill our or Ihciritrirtj cuuiicl/./ul/^'ourru/idauthorifi/, .^fr."— id >te:.^^*:*5i'ii :_ -X,4JiF^:---;;W m XCTES. ^Thc right of appeal to t],e soverdgn which is regulated ly this Appeal, an 1 he .r.c.uu,, ckuses of t'.e charter, is a right of .hich the :Sr' 7 f "' "" '"^^ ''^'"^■''' '■'^'^°"^^' ^^« ^"^"t- '-^ been lent. Ill ..:,cr.=oa. ...ronV,. ,-,. CWr..,« it is said tha express ro^ih^w' ?"'' ''," ''''"'='■ ''' J"*^''^' ^"'"'^^"3 appeals. .ouldh. ,o:d. oecav,c the subject ha. an inherent right, insiara- L fro. h.. a, a subject, to appl, to the crown for julticrand on io other hand, the king as the fountain of justice, has an nhc- ; •" :;^":rT?^^""' '" ^™' *° ^^^^^^-^^ -- ^^ -> oaoj3 .s , and ,f ih:s were a right in the subjects, no ^antcould ^.ivnve tne. of it^ and that where there are wonls e;clu^vct;:^h ;£'^l:SV '"^^°"^^^^---^-^^^-Ived.ana .,11,,-^.r „. ,' .. , ''^'"^°' •»'''"*'> and the supreme couit in >.n--, tnem . to l>e governed by this limitation, the claus3 u.d-r con.derat.on reserves to th. sovereign in council the right of pe" :!;:t^:::rf '' -"^ ''-^ '-- ^">' ^"'^^--. ^-e. jl oiscntcco of he supreme court.! Various orders maybe made .^ffecnu; th= nghts of suitors, which, if erroneous, may in."v„ con. ,uc::ccs not less serious than those occasioned by a fud'c^n or ecrce from which an appeal would lie in the ordLry coZ -Kl -thout the above rcserration the subject would be withou d- -^'luato protection if such an appeal were not admitted, la.bs colony there is not as in almost all the other possessions ou.. di^cct to the kmg m council. A court of error would in very n« y cases bo beneficial in allowing parties the opportunity f m ' -^cont^st^ng their rights in the colony, and IJthout su, ^^^ un o tnc enormous expense entailed upon them by „„ antal it r.vy council ; but the materials are toofew .-om'wh Lh t ^c -n Vous such a court in thia co.ony, and for »o.-n-. ti.„. ♦ ? «ilUferi,bo wanting. ^om. Uaie to come they S-T-ce the time c.-i.o passing of the judicature act, all nrncal, then and formerly made to th. kin^ in council, are iS: • 1 r. M-.us. 329-330. t See 2 C'liP.l. Op., 177. 77 m 78 Appeal NOTES. the jurisdiction of a court of appeal styled " the judicial committee •' of the privy council," created by the act 3 and 4 W. 4, c. 41, with extensive and peculiar powers as an a,)pcllate court of the last resort from the colonies, and foreign possessions of the crown. This court or committee consists of a number of persons chiefly of the highest judicial functionaries in England j but no matter can be heard n-r any order, report or recommendation made unless in the presence of at least four membera, and unless a majority present shall concur in such report or order. The judicial committee may esam'ne witnesses f/r« voce, or direct depositions to be takea; and witnesses may be re-examined at subsequent stages of the matter before the commit- tee. On the recommendation of the committee the queen in coun- cil may remit the subject-mutter of ajjpeal to the court from whence It was made, for a rehearing before such court, and for the admis- sion by it of additional evidence, or of evidence before rejected, or for the rejection of evidence before admitted ; and Her Majesty in council m»y also direct one or more feigned issues to be tried in any court of her majesty's dominions abroad for any purpose, and may also direct feigned issues to be tried before the , ommon law courts in England hi the same manner as is now don, by the high court of chancery. The judicial committee may direct new tii.ls of any issue either generally or on certain points only, with power to admit parol evidence of the testimony of witnesses formeriy examined but since dead. The committee may also refer matters to its re- gistrar or other persons who are to have the power of masters in chancery; and it jjossesses also Uie same powers of compelling the attendance of parties and witnesses, and the production of docu- ments, of punishing for contemi)ts, and of enforcing and cairxlu" mtoexecutionitsjudgments, decrees and orders as are possessed by the high court of chancery, Queen's bench or any ecclesiasUcal court. It is a rule of this court that the appellant shall procure the proceedings to be transmitted and to proceed within a year after the appeal has been allowed in the plantations; but this rule, though usually adhered to, is not considered imperative, and on reasonable grounds shewn, the privy council will permit the party to lodge his ai)])eal, altliough the year has elapsed. The privy council will not allow an appeal to be instituted, where tlie court below has refused it on the ground of insuliideiiey of the sceuriir Dtiow ihe cases and decisions in this court are now reirularlv reported a..d are important for the consideration o J. I,t^ " Mr. Jurges able and valuable con,„,entaries on colonic a' d ore-gn laws .i,I be found an useful su^.ary of the d cTs 1 f tins court relating to the practice on appeals. ♦ I Knapp, 251, 79 il Hi 1 u *f0B0m^ APPENDIX. I AXSO QUAllTO GULIELMI IV. liEGIS. CAP. V. A. Act to provide for the hanl.hnent of persons ronvictcd ,./ rrrfa>n offences, and a/,o to provide certain modes of punisL *iu'nt m dicirs criininal caws. . tl2th Juno, 1834.] WilKUKAS it is expedient to make further provi.k.,, for the puni.h- Preamble nun, of persons conv.cte.l of ceUaiu offcnees in Xewfoundlaml, and o authonse the .nflictinn of other punishments upon offenders than hose ^vbch n.uy now be lojjally awarded : Be it therefore enaeted, |;y the governor, eouneil, and assembly of Newfoundland, in nar- .a,neat .xssombled, and by the authority of the .same, that when any ofTcndcrs r ,;.r.,o„ ..all be convieted of any erime for whieh he or she shall be bT t'li lUaWc by km to be transported, or to receive any infamous or '""""? °' crpond ,Kn,is,.ment. the eourt before which sueh iLonlTlbeiZr.' IT.:, po convicted, or any court holden for the same place havin,- like ,""'!" "!" T' l,.n.d.ct,on. mstead of the sentence of transporUn, or of such "'^"^'•- Imfamous or corporal punishment, shall and may, should It think jht so to do, order and adjudge that sueh ju-rson be banished from I MS island, for and during such a number of years , or for life, as to I -c court m Us discretion sluiU seem meet : and shall also adjud-^ ,„ , , . I l.at such person be confined and kept to hard labour, until sud. ^^^ ■person shall liave procured, or have been provided with, a passa.^c '" ""'Tv" ''" I- •""- port or place beyond the .overnmeat of XewfouLuI:!. '""'''''■ •»•• ^^^s^^mg -j^mi^ lllli.*!' 4 CULTELMI IV. Cap. 5. and shall hare been there landed, put on shore, and d«ch«r« oy tlic master of tlic tessel. S"'!M.;r; '"'•,/''« j''-'fl^ «f Newfoon«"J for "ny port not bein^ within the poTemmcnt u th.8 island, for thermoTaJ of any convict under sentence of ban ishment j and upon delivering such convict on board suth vessel to M.sue hi, warrant to the n.a.t^r of suA ves.sel, committing th, "'-^'J convict to the custody of ,sa<»h master, * ho shall thereuj.on b, JIlcT,."S J'""'^'''*'^''^ ^"^ ^l"' "«>P<^ "f -y »"eh conrict from the said vessc for .„r.i,,c of '" «">■ P'»cc Within the government >if Newfoundland, in liki .uch .ouvicu. manner as any constaWe, or other peace officer, having the custodv of any prisoner, by virtoe of any warrant from anv justice of tlic peace, would be liable to be puK.Jshtd for the escn'ix. uf such pn- soner wjth whose custodj ho should be so char-ed, SIlTisS' ;; "^'-^'^'^ ^' •' f"^"»'' ^^^^^<-< that if Tny person on .hom lurninf; to the ''"'^'' "'"^^^ce of bani'shmcnt shaffhave been passed as aforesaid, or wll'iWid '" """ "; ''''7 "'' ^^"J'"*^-' '"■' *"'" "' «"ctessors, shall be graciousfy pleased to extend the rojal mercy, on condition of his or her leavin.-l this island, for ahy fetm of years or for life, dial! be found at hir^'' in any part thereof, without some lawfuf canse,- after he or she sha have been so put on board as aforesaid, before th« expiration of f form for which such convict shall hare been to banished, or slia have so consented to leave the islartd, ev^ry snch offender ik-in- thereof lawfully eonvJcted, shall be sentenced to be kept at har.l labour for such period as the court jxassing such senttmce shall think proper; or shaH, in addition thprefo, be sentenectl to be once, twice, or thrice publicly or privately whippetl, and to be rroTiso: whip, banisliet? fnr «),» fc»™ „r i - v , ping not to be 7"™'"'' '°^ "'« ^^'^ of I'ls or her natural life, as to the coui, inflicted on fe- «»«" ^^em meet : Provided, nevertheless, that the punishment ol male, ^.h^,p;„„ ,h„ji „ot in any ease be inflicted on a female. blftlinpr-: ^; - -■'"'' ^' '■' ^"'•«''- ---ted, that when anv person shall bo sonmcnt and convicted of any offence for which, by the law of England imiirl hard labour, to sonment and hard labour mav be awanlw? ft .i,.i)'~ i ' . bekci)tatwork , - , „ , «"u"i iimy oe awaraed, it sliall and mav he ;:.5i- ., ::-»>«tv^«'s"ip=^ IMAGE EVALUATION TEST TARGET (MT-3) // // r/ 5? S' fe 7. _<;; 1.0 I.I 1.25 12.2 12.0 1.8 U ill 1.6 //> m ■m > /a OWm /A Uy^A Photographic Sciences Corporation 33 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4S03 C r^\^ ^%' A^ ;\ i\ \ ^9) V <1> ' ' " " ^ i rmtitu. riiminitllawof Viiglaiid in i ircc ou the : (Uh June, |837, to be the tiaw of this colony. Any further a- n.oudmcutii therein to be in force in this colony twelve inontha at'ter the pasi>ing thereof. Appropriation «)f finis and penalties ad- jud!;cd tiuder Xitii act. usyo nova CAT. IV. Jn Jet to fxtend Ihu criminal Imtit of Engltliml to thi$ nfoKjf twdvr ctrt»iH ' vxlljicationt. [I5lli ?w)vcmbcr, 1837.J WllERE-VS the penal cotlcand crinrinal laws of England hare lately undergone rerj' considerable revisions and improvements ; and it i* kighly desirable to extend the same to this colony, together »itl» Bueb farther amendment* as the Raid aiminal laivs may from time to time receive by any act or acts of the imperial parliament to be hcrea-fter pa?>sed» Be it Shcrefore enacted, by the goTcrnor,^ council, and aascmbly of Newfioundiand,^ in general assembly convened, that from and after the' passing of this act the criminal laws and statutes of the imperial parliament in force in England on the twentieth dny of June, in the year of Our Lord One Thousand Eight Hundred and Thirty-seven, shall, so far as the same eaa be applied,, extend to and be the law of this island, and its dependencies, in all eases* II. — And be it further enacted, that all stat'itcs of the imperial parliament of Great Britain in further amendment or alteration of tl»e criminal law of England, passed, or which may be passed, subse- quently to the twentieth day of June aforementioned, shall in twelve months after the passing of the same, respectively, extend to and be the law of this colony, so far as the same can be applied. III. — And be it further enacted, that all pecuniary penalties imposed by any law in England which, according to the provisions of this act, shall be held to be in force in this colony, shall be ad- judged to be distributed in the following manner, — that is to say, ooe-half to the in,' rmer and the other haL" to Her Majesty, her heirs and successors, to 'jc paid into ihc public treasury, to aiid for lb« use of this LsUind. ^ rnm-s^wsc .A ATnCO QTASTO <3ULIELMI IV. BEQIS. [2nd Sessiox.J CAP. XL An Act for tie nUffof imelteHt debtors taken t» exenlton. (12th June, 1834.] Whereas it is necessary to make provision for the relief of insol- vent debtors taken in cxeculion : lie it cnartitd^ by the governor, council, and assembly, that from and after the passing of this act, if any person or peisonsnow charged, or who shall or may hereaf- ter be charged in execution for any sura or sums of money and shall be minded to deliver up to all his, her, or their creditors, all his, her, or their effects, towards the satisfaction of his, her, or their debts, it shall and may be lawful to and for such prisoner to ex- hibit a petition to the supreme court in term time, or to the chief justice, or in his absence, to the other judges* of the said court in vacation, setting forth the cause or causes of his, or their imprison- ment, and exhibiting a full and true account U his or their real and personal estate, rights and credits, and an account of his, her, or their debts, as far as his or their knowledge extends therein ; and upon such petition the said court or the said chief justice or other judgesmay, and are hereby respectively required, by order or rule of the said court, or by order under the hand of the said chief justice, or other judges, to cause the said prisoner to be brought before the said court, or before such chief justice or other judges, at a day certain, and not less than ten days after a notice of such application shall have been served upon the several creditors of such person or persons personally, or upon their attorney in court, or left at his, her, or their last place of abode, and published in the Gazette, Insolvents ta- ken in execu- tion may deli- ver up their ef- fects to credi- tors i and on potlrton may be heard before the su- preme court. Koticc of such petition to bo given in tho Gazettc,avA\Q' cal paper. 1 ;. I 1) • .\njr one judge of the Juprcmt court mar now hear and determine, 7 Vic, c. 2, 1. 9. :..:-&i 8G 4 GULIELMI IV. Cap. H. declared intol vcut. and in any local paper j)ub'.Ishtd near the residence of such dehtor, ' and upon the day of Nuch anpearance, to enter upon and proceed with the same examinationn as to the fact of such debtor's insolven- cy, as though the same had been pleaded at the return of the original writ j and thereupon if it apprir, to the said court, or the Rnch debtors said chief justice, or other judges respectively, that such debtor is ""^OiT^ It/" ""''^^'' '<* P'^y twenty shillings in the pound, to all his, her, or their puuiid, to be creditors, and that such debtor or debtors might have been declared insolvent at the return of the writ, and that there has been no fraud on the part of such debtor or deblcrs, to declare the said debtor or debtors insolvent, accordingly i and to take such ordar for dis- coTering, collecting, and settling the estates, debts and effects of such debtor or debtors and distributing the produce thereof among all his, her, or their creditors, by appointing trustees and otherwise, OS if such debtor or debtors had been declared insolvent at the return of t^e original writ ; Provided alwat/$, that it shall l>e lawful for the said court to appoint trustees of the estate and effects of debtors declared insolvent, other than creditors of any sucli debtor pr debtois, if the court should deem it expedient so to do. Judffcs mar on ^^' — ■^"'^ ^^ ^* farther enacted, that upon such declaration of in- such declara- solvency being made as aforesaid, it shall and may be lawful for the insolvents to said court, or the said chief justice, or in his absence, for the other be released judges respectively, fortliwith to direct the discharge of the said " * debtor or debtors from gaol, and that such debtor or debtors shtiU not thereafter be liable to imprisonment for his, her, or their debts, then due or owing. _ , . . . III. — Provided always, and be it further enacted, that in case Debtor* impri- ' Koned in any of such debtor Or debtors so charged in execution shall be imprisoned the outports to elsewhere than in St. John's, it shaH be lawful for the said chief be examined under a com- j""*'ice or other judges respectively, to authorise one or more com- mission, missioner or commissioners lo take such order for the examination of such debtor or debtors, before his, her or their creditors, as the said chief justice or other judges respectively may think fit to direct ; and upon the receipt of such examination so taken as aforesaid, such chief justice or other judge respectively, shall,, if satisfied therewith, declare such debtor or debtors insolvjnt, and proceed therein as hereinbefore directed to be done in case of such exami- nations being taken before them or either of them. IV. — And be it further enacted, that no female shall be charged *»i w 4 GtLIELMI IV. Cap. 11. AT in execution by cajnut ud tatitfacUndum in any civQ cuit instituted Pern*!** not to in any court of law in this island. *>* charged ia ,, All.-, , . execution. V. — And be it further enacttJ, that this Act shall continue in force for two years and no longer.* Limlutlon. • By the Act 6 W. 4, c. 10, (passed 6th May, I836,j this hot U i.>ad» perpetiml. l\j the terms of this Act the judges are empowered to declare the prisoner insolvent, if it appear to them (amongst other things) that he might have been declared insolvent at the return of the writ. It has been held, howcvrr, that the provisions of the Act extend to the case of a debtor in cvecution, under a judgmen' signed upoi. a cognovit, where nu writ had been issued. — Re insolvency of John Uennensy, Hupreiue Court, July Held also after argument, in Gibbons v. WidJicomb, which was an aition on the casefor slandpr, before Chief Jvstice llourue, September 13, lS-12, that the plaintiff, vrho was in custody under a ca. sa., upon a judg- iiu'ut for the costs of the action (a verdict having been given for the defendant), might be declared insolvent and discharged, by an equitable construction of the statute, although he could not have been declared insolvent at the return of the oiiginal writ. It has been r«'-d, also, that the Act extends to cases where the original n-rit was in toi —Re insoheiicy of John Coady, before Assistant Judge DcsBarrcs, September 16, 1846. The same point had been raised, but not decided, in Re Kenny's insolvency, September 13, 1842. Where the defendant has been declared insolvent at the return of the original writ under the Judicature Act, and the plaintiff has neverlhelesi proceeded to final judgment and charged the defendant in execution, the bttcr is not entitled to be discharged in consequence of the declaration of insolvency, but must proceed anew under this act ; but had the prisoner obtained his certificate and moved upon it in time, the court might hare * staid execution. — Setcman vs. Butt, before the judges at Chambers, Sept -3d, 1813. & P. Rogcrsm v*. Stamp, Nqt. 6, 1839. • tt VICTOUIi!-; REGINiE. CAP. II. An Act to amend an act passed t'n the fourth ytat of his lat« Majitty's reign, entitled " An Act for the relief of insolis.nC debtors taken in execution." [Passpd 29th April, 1844.] Pr«imblt. WaEREAS an act was passed in the fourth year of the reign of his late Majesty, entitled *' An Act fo"r the relief of insolvent debtors taken in execution ;" and whereas it is expediejit and necessary that the said Act should be in certain rsspects amended : Punishment of !• — ^^ «^ therefore enacted, by the governor, council, and assem- in^olyents in bly, in legislative session convened, that in all cases where any an- ccrtain cases ,•.,„,,, '^ ky imprison- P'lcation shall be made to the sunrerae court, or to the chief justice ment not ex- or other judges thereof, oy any person or persons to be discharged year*. ^^om gaol, as an insolvent debtor, or as insolvent debtors, pursuant to the provisions of the said act, and where it shall appear to <^e said court, or the said chief justice or other judges, that such debtor I or debtors have Traudulently, with In lent to conceal the state of his or their affairs, or to defeat the purposes of this and the saia act, destroyed or otherwise wilfully prevented or purposely withheld thp pr uction of, any books, papers, or writings, relating to such of his or their affairs as are subject to investigation Tinder this and the said act, or kept or caused to^be kept false books, or made false entries in, oi withheld entr-es from, or wilfuily altered or falsified any suchbooks.papers, and writings,— or thatsuchdebtorordebtorshnvp fraudulently, with intent of diminishing the sum to be divided among his or thur creditors, or of giving an undue prefeiencfi tol any of his or their creditors, discharged or concealed any debt duel to or fiom the said debtor or debtors, or made away .\ith,'"assignfill conveyed, charged, mortgaged, or concealed, any part of his or their | property, of what kind soever, either befcc or after the commence- ment of his or their imprisonment, or have been guilty of any other I iiMi.i'^ Jt-.v^'. 7 VICTORIyF,. Cap. 2, »[» Mt or acU of AmuiI that might h«vc prevented tlie discharge of «uch e said chief justice, or other judges, shall direct,— to be computed from the time of such adjudication. II. — And he it further enacted, that in case it shall appear to p ,„• / . . the court, or the said chief justice or other judges, that such debtor "flx-r cases not or debtors shall have contracted any of his or their debts fraudu- •"''<='''"'^'"S t"" lently or by means of a breach of trust, or by means of false pie- n^uJ.'"'''"'""' tences, or without having had any reasonable or probable expecta- tion at the time when contracted of paying the same, — or shaU " have fraudulently or by means of false pretences obtained the forbearance of any of his or their debts by any of his or their cre- ditors,— or ShaU have put any of his or their creditors to any unnecessary expense by any vexatious or frivolous defence or delay to any suit for recovering any debt or sum of money, — or shall be indebted for damages recove-ed in any action for a malicious pro- secution, or for a libel, or for slander, or for criminal conversation with the wife, or for seducing the daughter or servant, of the plamlift- in such action, -or for damages recovered in any action for a malicious injury, or in any action of tort or trespass to the person or property of the plaintiff therein, where it shall appear that the injury complained of wa.s malicious : then it shall be lawful for the said court or ti.e said chief justice or other judges to declare such debtor or debtors insolvent, and to appoint trustees for the collecting, selling, and realizing the debts, estates, and effects, of such debtor or debtors, and distributing the produce thereof amongst the creditors of such debtor or debtors, and to nd- judge that such debtor or debtors shall be so discharged 'and so entitled as aforesaid forthwith.-except as to such debt or debts, I if ^ M^ 1^ ^ 7 VICTORIA, Cap. 2. •um or turns of money, or damages, aa nbovemcntloncd j and as to •uch debt or debts, sum or sums of money, or damages to adjudg, that such debtor or debtors shall be so discharged and so en 'tUi as aforesaid so soon as he shall have been m custody at the suit of •uch person or persons who shall be a creditor or c'reuitors for th« »ame, respectively, for a period or periods not exceeding two yean in the whole, as thp said court or ths said chief juttice or other judges shall direct, to be computed as aforesaid. SX*'a*3 /"—And be it further enacted that wliere it shall appear to the Rent o-.lcr in *""' *^°"'"* °^ '''« *'»''* chief justice or other judges that certain wrtain cases, matters or things ought to be performed by or on behalf of such debtor or debtors before he or they are to be actually dischi-rgeil ftxjm custody, but that nevertheless it is expedient not to a.ijourn the hearing of the case absolutely to some future occasion \rithoi.: the opportunity of such discharge being had sooner by doing surd tilings as aforesaid, it shall be lawful for the said court, or the said chief justice or other judges, to adjudge that such debtor or debtors Bhall be so discharged and so entitled on the performance of such matters or things as aforesaid,-and that on the non-performance thereof, the hearing of such case shall stand adjourned according to the direction made in that behalf,— Provided always, and l)c it enacted, that in all ca-ses where it shall have been adjudged that •ny such debtor or debtors shall be so discharged and so entitled « aforesaid, at some future i)eriod, such debtor or debtors shall be sub- ject and liable to be detainsd ir. prison and to be arrested and char- ged in custody at the suit of any one or more of his or their credit ors, with respect to whom it shall have been so adjudged at anv time before such period shall arrive, in the same manner as he wotil. have been subject and lialjle thereto if this act had not passed. Provided nevertheless, that when such period shall have arrived, such debtor or debtors shall be entitled to the benefit of the said act, notwithstanding that he or they may have been out of actual custody during all or any part of the time subsequent to such adju dication, by reason ofs'ich debtor or debtors not having been ar- rested or detained during such time or any part thereof. Court ic. may I^'-— And be it further enacted, that in all cases where sucj order mainte- debtor or debtors shall, upon such adjudication as aforesaid, be liabli. wntremSd^°^7 ^"'•^^«'' '"P'-'sonment at the suit of his or their creditor oJ creditors, it shall be lawful at any time for the said court, or the! 7 VICTORIA, Cap. 2. 91 ) ; and a^ to I to adjudge I i 80 en 'thi\ t the suit ofi liters for the! g two jeani ctf or otberl ppear to tlie hat certain lalf of such dischi'rged to ftiijourii ion withou: doing such or the said r or debtoM ice of such erformancc ccording to and 1)c iti udgcd that entitled ai ^lall be sul> 1 and char, heir credit- ;cd at anfj IS he would Qt passed, e arriTed, if the said of actual uch adju- J been ar- ifhere sucll 1, be liabl''lgc' of ^ '"^''"^ ^"^ *"y °f '•>« Circuit courts of th.« island, in term tim supreme court or for any one judge of the supreme court in vacation, to hear a niay l^nZl. Jctermine all matters provided by this act. or by the aforesaid act matters provi. the relief of insolvent debtors t.-.kcn in execution, as fully an c y this act. amply as the said supreme court, or the said chief justice is by the sai last mentioned net empowered to hear and determine the same Penalty on in- X.— And be it further enacted that in case any debtor who shi Srng'^'it'de- .''° '''■""Sl't up for exammatiou and discharge before any courts liver up pro- j"«lge as aforesaid, shall wilfully refuse to deliver up to his trust teu'sfecs*'' '° ""^^ "'""''y* P'°P"ty' Jeed., accounts, books, or other docunieni purs lant to any order of such court or judge, it shall be lawful ft •uch court or judge to remand to prison such debtor from time t time, until he shall conform to such order of the said court judge. lillijii '!■ to obtain in ke manner an il been dc'cla t the like the act of tiJ Bct for the Ir for other puil may be lawft discharged nee with or ief of insolvc! in this coloni of this act, )ch debtor shall be lai ir such debti ' before iing served reside in ti intter of his uch debtor JiUso sexto VlCTOltliE REGIX^. CAT. X. b> U( to rrprul an Act jnusej in ih.fijth year of tlu: r.ign ,rf //.. hiU Majesty, entitled -An Act to amend the law of at. Muncnt, and t.. facilitate the recovery of debt, fro,n absent or ahscoruhny debtor,," and to make other proci.iun for the mnendmcU of the law of attachment. [Passed 22d May, 18J3,J lV.lF.nE.vs it is expedient to repeal nn Act parsed in the fifth year rrcamblc. t c rc.gn of In. lute Majesty, entitled " an act to amend the kw > attaCment and to facilitate the recovery of dcbt« from absent or ■SCO. „.g debtors." „„d to make other provision f„r the amend- lent oJ the law of attachment : I-B" it therefore enacted, by the governor, council, and Vc 5 W 4 c kn.bly. m general assembly convened, that an act passed n the "A -^ ,. 'r" h year of the reign of his l„te Majesty, entitled "an act to ''^•"'^•''• mend the law of attachment and to facilitate the recovery of debt, on, absent or absconding debtors," .h.ll be and tl;e same i. hereby ir _ And be it further enacted, that in ail action., at law, or v.^- , - - e,uay, which may hereafter be brought, or which arl ^o^ '"%""«?; 'qn-ndrng, ,n the supreme or either of the circuit courts of thi.s 7'!'^"' ""'' t:i::: :^ ^ :?^"'^^ ?^" '-^--^^^^ •. -achment of s-:"^,,;:;^ Pe lands, goods, debts, or effects of the defendant or defendants •'"'^? "'"''P^°- Ind mcanmg of the service of such writ or process, and in actions Tt t: "^r f ;'^7'-"^^'^'« '^-'-tion, shall have been duly e .^^ le.cndant or defendant., or upon such one or more of the said le cndnnts, bemg a partner or partners of such absent dcfcn.lant or l^fcudants «hall not appear and j.lcad thereto witlun four davs I Hi j II: ir 1 or or 'I 1 f •* 6 VICTonLE, Cap. 10. in actloni commenct.d before »1,e pn„ing of thU art. will,?,, tit ihu •Acr the return of Mich writ or proces.. the plaintiff or plaintiffs i, •uch oclion or «uit thnn be nt liberty to enter r.n appearance f,. •Mrti defendant or defendants, and to proceed thereon, as if nud defendant or defendant* had entered l.i«, her, or their appearance In person : Provided -Iways, that such writ or other process, with ■n aflldnvit of the service thercbf, and in actions at law tlie original declaration, shall have been duly returned and filed. AUrntdcbtors HI. — And be it further enacted, ihnt in all actions or suiti LftcrMTrcTf '*''"•'''' P>-«««'"ofnttachmei,t has been or shall be issued again. l-roitH, at lust the lands, goods, debts, or effects of any person or persons who art ol"' upon" pel! '"*''"" ^"^ "^"^''^ f'""' «' n«l "-esl'lfnt in this colony, and hare net ►«)ii» hnviiiR ">• shall not have nny know;i agent therein, or who being absent « Sl^»or"/£u "°' "'^''^'"■'^ *"'' •"'''■"» '"* •"'"*" "K'^nt " aforesaid, .hall not 1. the partn« r or partners of any defendant or defendants who shall 1* within this colony, as aforesaid. acoi)y of such process shall beservti. Upon the jurson or jjcrsons in whose custody or possession nw\ lunds, goods, or effects may be, or from whom such debis may U -rVMonal pro- due to such »11 not duly enter or cause to be entered an appear niid pr.K-.eds ance to such action or suit. It shall and may be lawful for the couri |i4. I., tucuurt. therein such action or suit shall be depending, to make such oitl-i for the sale of the goods or eflects or tlic colIcctioM of the debts, - attached, as the said cburts rcsiKclively shall deem meet, and i» direct the monies arising or accruing under such order to be p;ii. into court, there to abide the further directions of ihc said court! Respectively. Attcr rnsona- IV. — And be it further enacted, that s6 soon as the i.luinliff ^, kintnalkct.Ic l'l""'t'H'* «hall make it appear, to the satisfaction of the court, tli.: lemlaiit with all reasonable means luiv lieeu taken to discover the place of ns- !iff"«;,-.y'''s''i!,"n '^f "'=''"''"">■ ^t^'' n'»-«'"t defendant or defendants, who shall n.i.l ju.lf;iiuiit i,y cither in i)erson or by an agent or i)a)tner, have been served wilt' lir!Ho<'ltofa*'.al J"""'"'""' "'^ hiTcinbelore provided, and to apprize him, her, or tli« ju.l-nunt of such action or suii having been so instituted as aforesaid, or ihJ Tf 'i'ltlMuen^ '"'*' '^^"'"^■"'1""' or defendanu have been apprized of t'le insUlutiool of any such action or suit, and the said court shall be of opinion tha! the defendant or defendants could reasonably have uppcanil thereto, then it shall and may be lawful for the plaintiff to sj.mi judgnicLt l.y default and proceed to ttnal judgment us in olln: « nCTOmjE, Cap. id. 'ti iW% without noucc of a.«««nent of damage : Prorided .lw,,-s Pr,W* m t. Hut no luiuU of the difondant, "';:'^ •»"' *•" .1 1.cr..hablc nature, or be such as either from the expense of hold- " mg the same, or from other circumstances, may considerably dctc- n..r„t= ,n value before judgment can be obtained in the action or huu.nwuchsuch goods or effects may have been attached, and Rood and sufhcent bail to satisfy- the judgment, order or decree of l.e said court shall not have been put in by the defendant or dc Ar anyjudgeof the supreme court in vacation, on the applic^t ort any p,a.„,.ff defendant, to order the inm,edi.te apptLscmrnt d .a e of such goods or effects, of a sufficiency thereof to satisfy 'hedebts and costs, and to direct the proceeds thereof to be paid un ;: tr'''"''"^' ""'"''" order, judgment ordecreo of'thc I court, in such action or suit. VII.-And be it further enacted, that so often as anr iroods m • h;t. o, effects of any defendant or defendants in any act^^ '""'Cin Z ^^i "u.dc,K„du.g or hereafter to be brought in either of the sa.d "^S^i^^ 'f iji- ^mmmi' ^i'h'r^jfe OG fi VICTORIvE, Cap. 10. H ( Fli'iniiig rs. .Saro^r, Supreme Court, December, 181.", the amount due to tlie del'iiuhmt I'lom t^'.c lioiird of Ordnaiier, for «a!»c» as a worknmii, was attached in the hands of tlic Dejiuty Oidiiance Sli it- kiiiier, who [laid the same to the dolendaiit, notwithstanding; the attach- imiil and ill! order to ]iay the amount into court ; and upon Rnbse(|iipiit I iirj;nnHnt, ilir court licld tliat under tlie conchiding 'vords of this section, and accoidiii;,' to tlie decision in I'ridihj rs. Hose, 3 Mer. lO'J, the atlaiL- mcnt WHS liindinij. Tliere was an appeal to tlie privy council, but tlio umoiintbeins paid over to the plaintilf in satisfaction of his judgment, at the exjiiration of a year after the uranliug of the appeal, and bclore notice of its allowance, the appeal was not further jirosecutcd. 'Ihcl decision in this case rested ehielly upon the evidence Riven by the deputv [ ordnance .storekeeper, upon his e.\amin;',tii>n, of the separate api ropriatioul in his hands of the amount iiayable to the defendant. I'nder other cir- cunisiiiiues, ilie comt wimld have been go\ciued bv the dtcibiou uil 0/V//cy (\«. I'-ihiamton, ;) D. \- 13. 275. li 6 VICTOKLE, Cap. JO. Dinminatlon, as aforesaid, such Kood* to the amount of die debt so attached, shall be delivered to the sheriff, a.s aforesaid, as the plain- Uli or plamtiffs in any such action or suit shall direct and prescribe. [ IX.-And be it further enacted, that in all cases Mhere anv ands or tenements, or the interest of any person or persons in any lands or tenements, shall be attached by virtue of any process of the sa.dcourtsrespectively,thesheriff,hisdeputy or bailiff, jhaU serve nor tice of such attachments on the tenants, occupiers or owners of such I laads o. tenements, and thereafter the rents, profits, or annuities, to which such person or persons maybe entitled from such lands or tonemenU, whether then in arrear or thereafter to grow due until lu>ul judgment, or so much thereof as shall be sufficient to satisfy I >c. plamtiffs demand, with reasonable costs shall, (after deducting thereout ground rent., if any) be paid to the sheriff to abide the ordcr,judgment,ordecree of the said court, and that the like pro- I ceeJings may be had for ascertaining the nature and amount of such rerus, profits, or annuities, and for enforch.g payment of the same ac I cording to the orders of the court, as are hereinbefore prescribed mth respect to debU, goods, or effects attached in Uie hand, of third lii-Tsons. X.-And be it further enacted, that in all actions or suits com- mon, : J. by attachment, as aforeraid, it shall and may be lawful for the sheriff, in addition to the sum sworn to, further to attachand old the defendant or defendants, by his, her, or their lands, goods, debts, and effects, in the sums following, that is to say-in all action^ I or suits where the amount sworn to shall not exceed five pounds, in the sum of thirty shillings, in all actions or suit, wliere the amount sworn to shall be over five poun.ls and sliall not excoed twenty pounds, in the sum of three pounds ; in all act! ns or suits where the. amount sworn to shall exceed twenty pounds and shall not ex- [ceed fifty pounds, the sum of four pounds , in all actions or suiu vhere the amount sworn to shall exceed fifty pounds, and shall not exceed one hundred pounds, the sum of ten pounds , and in all ac tK,n., or suits where the amount sworn to shall exceed one hundred pounds, the sum of ten pounds, and a further sum at the rate of hve pounds per centum on the amount sworn to above the first hun c^cd pounds, the sums so attached ns aforesaid, in addition to the" -m sworn to, to be toward, an^werin, ,hc costiofany such ac- tion:; r,r suits respectively. ^ U 97 Wlicro lands, *tf. attached, notice to be ser\cd on the tenants, own- ers, *c. And like pro> ccedings as in cases of debts attached. Costs may be attndicd us well as dcbti. iff'^ If ■.*• 1 ;■•■)' ! 6 VICTOKI^, CAr. 10. MoniPs may be levied on under I writolexccu- tioa. Sheriff not to l>e liable in rase of writs against the same person out of the SB- I'Tfmc and cir- cuit courts, cx- •■cpf in cases of default. XL— And be it further enacted, that it shall he lawful far any .party or parties having obtained judgment against a defendant or defendants, or .ssued a writ of >,•,/«««« thereupon, to cause war- rants under such writ of Jieri facias to be placed in the hands of any party or parties having tJie cu..toay or control ol any monies, goods debts o- effects, of the said defendant or defendants ; and the like prooeechng shall be had to examine persons holding the said monev goods, debts or effects, and to cause the said money to be paid into court, or the said goods to be sold and the proceeds paid into court, under such warranU as are had under warrants laid in virtue o. mesne process. XII-And wljereasby reason of the concurrent jurisdiction of thesu- preme court with the circuitcourts, the sheriff, when attachments have issued against fho same person both out of thesupreme court and on. of the circuit comts, and the goods, debts, and effects attached arc not sufficient to answer ooth attachments, may, in certain ca.se. without any default of him or his deputy, become liable as for a false return: Be it enacted, that whenever an attachment out of the supreme and either of the circuit courts shall be issued against the same person, and tne sheriff or his deputy, in the one court, shall have rstumed the attachment on the writ la.st delivered to '■im with oat knowledge of the writ of attachment previously delivered to h.m or his deputy in the other district, he shall not, fcr so doing be hableas for a false return, unless the same shall have hapi.ened bJ or through the negligence or default of himself or one of his de„u tics or bailiffs, and it shall in such ease be lawful for the said couru resjectively. or any judge thereof, to allow the rvturu of the wnls to be amended. i ANNO TEETIO OULIELMI IV. REGIS. CAP. VI. I -,. [nth April, 1833.] r .1. . ; , ^ ^ ''" ^**^ Majesty King George the I ^our h, entuled " An act for the better ad Jnis.Uon of jusfi e „ that u si.all and may be lawful for llh Majevt., hi, heirs and -ecessors by hia charter or letters pa,ent/or bv any o^'er "r order, to be .sued by and with the advice of his 'and the^r p iv, ouncU to make and proscnbe. or to authorise the supreZ c un f .^ewfoundland, as His Majesty shall deem proper, to make and prescribe such rules and order, touching and con ern nrth! a « r l,a...rs. atomies, and .liciL in t::M:::^em -urt, a, to his Ma,..cty. his heirs ard successors, shall s»em meet a^.uch rules and orders from time to Ume to'alte, arrnlor a, sH,d late Majesty, issued under and by virtue of the said act. eanng date at Westminster thr nineteenlh day of Sep ember t e >.^e th„u..,d ei,ht hundred and twent^fi.e, ifis^^r I l-t M case there ., Jl not be a sufficient number of persons having I CO lirAI, T ''"'"'' ""•"^' ''"«™'- - -"citor, in n of His Majesty s courts at AV.stminster, Dublin, or Edinburgh or having been admitted a, proctor, in nnv ...i • .• , ^''' l«or, .„„,„)•, „ «,l,o„„, of U.C ™d .„,,„„, „„,, ..; fljpp'. •*•* j I j] r ■ 100 3GULIELMI IV. Cap. 6. ' ", admitted an>' enrolled as harristc-s, advocates, proctors, attorniesor solicitors, to act as st.ch within tl.e wid colony, competent and willing to appear and act for the suitors of the said sunreme court, that Jion and in that case the said supreme court was and is thereby authorized to admit so many other fit and proper persons to appear and act as barristers, advocates, proctors, attornies and solicitors as may or might be necessary, according to such general rules L<] quahfications as .the said supreme court should fjr that pur],osc make and establish : And whctet^s, in and by an act of the imperial parliament passed in the tenth year of the reign of his late majesty Iving George the Fourth, the aforesaid recited act was continued until the thirty-fu-st day of ])ecember in the year one thousand eight hundred and thirty-two: And whereas, in and by a certain Act passed in the imperial ,,arKament in the second and third years of I the reign of his most gracious Majesty King William the Fourth, entitled » an act to continue certain acts relating to the island of I "Newfoundland, and to provi.le for the appropriation of all duties " which may hereafter be raised in the said island," it is enacted the it shall ard may be lawful for His Majesty, or for any governor , lieutenant-governor, or officer administering the government of | Newfoundland, in pursuance of any commission or instructions to 1 him for that puqsose addressed by His Majesty, with the advice | and consent of any house or houses of general assc mbly, which His Majesty may hereafter be pleased to convoke from among the inhabitants of the said colony, by any act or acts to be from time I to timfi for that purpose i)assed, to repeal in whole or in part, or to amend, altar, or vary the said recited act, or any part thereof, a.id that until 80 repealed, amended, altered, or varied, the said recited act shall be and continue in full force and effect : And whereas, in | r-urauance of the said act of the imperial parliament passed in 'the I fifth year of the reign of his late Majesty King George the Fourth, and of the said royal charter, divprs persons of tht profession of tlie law were, on the institution and opening of th? said supreme court, and have been at divers times and periods since, admitted to practise in the said courU as barristers, advocates, proctors, attornies, and solicitors of the said supreme court: And whereas doubts have arisen whether the persons so admitted shall be deemed to bc| banisters, advocates, proctors, attornies and solicitors fully admittcJ and enrolled, and it is necessary that all such doubts should be removed j »l. ^ 3 GUUELMI IV. Cai'. G. Re it therefore enacted, l,y the governor, eouncil, and a..emhly, In colonial parliament assembled, that every person T,ho hath been nc.m.tted to practise as a barrister or advocate, proctor, attorney or Rohcitor as aforesaid, in the said supreme court of NcT^foundland, and hath continued to practise as such in the said supreme court or circuit courts fron". the period of his admission until the present time, shall be deemed to have been fiom the p.riod or date of his rc.j,ective admission to practise a.s such barrister or advocate, proc tor attorney or solicitor, and is hereby declared to be to all intents nnd pun,oses, a barrister at bw and advocate, proctor, attorney and solicitor of the said supreme court of Newfoundland, duly admitted and enrolled; - Provided always, that any person who may have been admitted to ,-n.etis6 as aforesaid, and hath been appointed to act m the capacity of clerk in the supreme or circuit courts of this ..land, shall be considered a practising barrister, advocate, proctor attorney and solicitor, within the meaninij of this Act. 101 llarrintcrs who have been ad- mitted to prac- tice in the su- preme court de- clared to be Barristers - at • Law atl-.iitted and enrolled. i«'^ rraptitionrr* «t llie bar may fTm them- selves into a Kooicty to be called " The Law Society of Xewfound- land." Power to mnke byc-la«g, &c. OoTemors, benchers, and otticers of the •ociety. Member! to meet and irarae rules and rcgu- Ittions. AX.VO QUARTO CULIELMI IV. REGIS. [2.VD Session.] CAP. XXUX. An Act to iurorjxn-ate a law tociety in Newfoumllaml, and to regulate the admission of barristers and attornie, to practise M the law in the uceral courts of this island. [12th June, 1834.] Be it enacted, by the governor, council, and assembly of New- foundland, that from and after the passing of this act, it" shall and may be latvful for the persons, now admitted to piactise in the law, and practising at the bar of any of His Majesty's courts of tlm island, to form themseJyes into a society, Vo be called "The Law Society of Newfoundland," as well for the establishing of order amongst themseh-es, as for the purpose of securing to the island and the profession, a learned and honorable body, to assist their fellow- subjects a, occasion may require, and to support and maintain tho constitution of the island. II.-. And be it further enacted, by the authority aforesaid, that the said society shall, and it is hereby authorized to, form a body of rules and regulations for it. own goyernment. under the inspection Of t , .judges of the supreme court of this island, for the time bein-- P isitors of the said society, and to appoint six member., or mor^ of the present practitioners, and such six members or more for the' Ume being, in dl times to come, whereof His Majesty's attorney- general and solicitor-general, for the time being, shall be, and b- considered to be two, as goyemors or benchers of the said society. and -tlso to appoint a librarian and treasurer, IIL-Audbeit further enacted that it shall and may be lawful for the said pracUUoners, or as many as can be called together, Cwhereof His Majesty's attorney general and solicitor general shall be two) to Msemble «t St John's, in the island aforesaid, on the if. 4 GULIELMI IV. C\v. 23. first ilay of July next after the passing of this net, for the purpose of framing and adopting such rules and regulations as may be necessary for the immediate establishment of t,ie said societ\,'and its future welfare: And such rules and regulations as shall then and there be adojjted, shall be openly read, and entered in a book to be for that purpose provided, and having received the approba' tioa of the said judges, as visitors as aforesaid, shall l)e, and be considered to bo, the constitution of the said society, and binding upon all its members. Provided always, that it shall and may bo lawful, in time to come, to add such other rules and regulations, with the approbation of the judges as aforesaid, as may then and there be necessarj*. IV. — And be it further enacted, th;>,t it shall and may be lawful to and for every person now practising at the bar of any of His .Majesty's courU of this island, or who shall hereafter be duly aiitliorized to practise as aforesaid, to lake and have three articled clerks at one time, and no more. v. — And be it further enacted, that from and after the passing of this Act, it shall and may be lawful for any person, having been duly called to the bar of any of His Majesty's superior courts, not having merely local jurisdiction in England, Scotland, or Ireland, or in any of His Majesty's North American colonies, in which the same privilege would be extended to barristers of this island, on producing sufficient evidence thereof, and also on producing testi- monials of good character and conduct, to the satisfaction of the Law Society of this island, to be called, by the said society, to the degree of a barrister, upon his entering himself of the said society, and conforming to all the rules and regulations thereof. VI. — And be it further enacted, that no person shall be per- mitted to practise as an attorney or barrister of this island, who shall not have attf ined, at the time of his admission and being called to the bar, the full age of twenty-one years. VII. — And be it further enacted, that from and after the passing of this Act, no person shall be admitted by the supreme cou-l to practise as an attorney of this island, unless upon an actual service of five years with some practising attorney of this island, or who having been entered upon the books of the said society as students, at law, shall have been subsequently called to the bar in England, Scotland, or Ireland, or any of Ilia Majesty's colonics : Provided 105 Siirh ru!pi, wlii'ii apitrovcil by the ju(lj;e», to bo tliL" fon- stitiifioii of the society. Practitioners may luive not cwpedin'^ three articlud clerks. Banisters of tlic United Kingdom ur tlic XoitliAme- rican colonies, ni.iy be callcil to the bar, on being entered of this society. Xo person un- der ac;e to bo admittcil to practice. Qualihcations for adniitsion aa Attoruies .f •>"♦ Proviso : Su- preme court, iu caise of defici. 104 4 GULIELMI IV. Caf. 9.3. l"ol 1;''Z: '^'"'•-'J"' '^'' 'f -^l «">• t:mc there .hall not. la the opinion of the mil UrrUtcrs supreme court, be a sullicicnt nuri,l)er of fit and proper jjorson, to^ractise as practising as attoi-nies in Xewfoundland. to conduct the ordinary businm of the island, in the different courts of justice MtablishcU therein; then, and in such case, it shall and may be lawful for the ■aid supreme court to admit any such barrister or barristers as aforesaid, who may hove been so caUed to the degree of a barrister in t!,is island, to practise also as an attorney or attomies in the several courts thereof. l)Sr7oahe ^'"^— And ^Jc 't further enacted, that the treasurers and bench- tutcd'' '"'"^*'" ^" ^^^^'^ '""^ ^''^ """^^'^ ^°'^ *^^ ^^""^ ^^'"^' "''*^ ^^^" successors, cwjorate.'*"'^^ '° ^^ nominated and appointed according to the rules and bye-laws' of the said society, shall be, and they ore hereby declared to be, one body corporate and politic, in deed and in la^y, by the name of the " Law Society of Xowfoundland," and shall have perpetual succession and a common seal, with power to break, alter, change, or make new the sahie ; and they and their successors, by the name aforesaid, may sue and be sued, implead and be impleaded, answer and be anwered unto, in all or any court or courts of record, and places of jurisdiction within this island; and that they and their successors, by the name aforesaid, shall be able and capable in law, to have, hold, receive, enjoy, possess, and retain, for the end and j)urposes of this act, and in tru.s. and for the benefit of the said society, all Buch sum and sums of money, as shall or may be given, devised, or bequeathed, by any person or persons, to and for the use of the Baid society ; and that they and their successors, by the name afore- eaid, shall and may, at any time hereafter, without any license of mortmain, purchase, take, receive, have, hold, possess, and enjoy, all lands, tenements, or hereditaments, for the pui-poses o" the said society, and for no other purpose whatsoever ; and may also, in the same manner, sell, grant, lease, demise, alien, or dispose of the same, pnd do and execute all and singular, other matters and things that to them shall or may appertain to do. ANKO NONO VICTORIA BEGINiE. CAP. 7. An Jet to enahle barristers and advocates to practise as attorneyt, sulicitora and proctors, in tlte several courts of this Island. [Passed 28th April, 1846.] AVherf-AS it is expedient that persons called by the law society of Preamble Newfoundland to the degree of barristers of the said society, should be permitted to pracUce as attorneys, solicitors and proctors, in the several courts of judicature in this island : Be it therefore enacted by the governor, coi'ncil, and assembly, „ in hgislative session convened, that from and after the passing of Scat"/ """f I this act, it shall and may be lawful for every person who either now '*** "upreme is or may be hereafter admitted to practise as a barrister or advo- to"prat™e"M cate in the said several courts of this island, to practise also as an attorneys, attorney, solicitor, and proctor, in all or any court or courts of record, or places of jurisdiction, within this island, on ta- king the usual oaths before one of her majesty's judges of the «u- preme court; provided always, that every such poison shall, previ- Proriio. ously to his being admitted to practise as an attorney, solicitor, or pro.tor, as aforesaid, pay to the said law society all such feea •« would be payable by such person, were such person entered on th« I hooks of the said society as a student-at-law, in order t^ hia admi«- sion as an attorney of this island under the coventh section of an act passed in the fourth year of the reign of his late majesty, en- titled " An act to incorporate a law society ir Newfoundland, and to I regulate the admission of barristers cad attorneys to practise in tfc? law in the several courts in this island," ^M^HM J ^^^^.-^o^ fMS rreamble. 5. Geo. 4, c 67 Where deedn, Ac. haYc not been left for re- gistration •within the pe- riod required by law, the re- gistrar may re- gister the same on affidavit an herein prescri- bed. AKXO rniMo VICTORIA REGIN^. CAP. T. Jn Act to repeal part of an act pasted in the parliament of Greai Jhitain in theffth year of the reiyn of his Majesty Kiny Georye. the Fourth, endtuled " An art for the better administration of justice in Xewjonndland, and for other purposes," and to make further provision for the reyistrution of deeds in this cchny. [18th November, 1837.] WiiERKAS it is cpedient to alter and amend the laws now in force in this colony for the registration cf deeds; be it enacted by the governor, council, and assembly, of Newfoundland, and by the authority of the same, that the thirty-second section of au act passed in the imiliamen? of Great Britain in the fifth year of the reign of his majesty king George the Fourth, intituled "An act for the better administration of justice in Newfoundland, and for other purposes," shall be, and the same is, hereby repealed. II.-— And be it further enacted, that from and after the passing of this act, in all eases where deeds, conveyances, and other assu- rances of what nature or kind soever, whereby any lands or tene- ments situate in the said coloi.y or the dependencies thereof, have been or may be hereafter granted, conveyed, mortgaged, charged, or otherwise affected, or intended so to be, shall not have been^ft at the proper office for the registration thereof within the times prescribed by the said ir.-pnrt- recited Act, or where the execution thereof shaU not have been acknowledged before the registrar by the party or parties from wlicm any interest may pass, or their attorney duly appointed, it shall andmay be lawful for the registrar ofdeedsfor j the district wherein the lands afiected by the said deed, conveyance, or other assurance shall be situated, and he is hereby required, to register I the same upon affidavit being made by one of the sut.rribing witnesses of the due execution thereof by the parties thereto, which j affidavit may be taken before the registrar of each of the said ^ i VICTOrj.E, Cap. 5. .INtrlcM, or bofott any comm.Vioner ,I„ly n,„horuP,l to fnk*. afh,l«v.,« .„ ,he supreme court, nr hefore any j„Mice of ,I.e peace of tin, ..Ian,n ^her^upon the sai.l deed, conveyance, or other »«.. ranee. ,ha I l.e deemed and taken to be duly registered, any ihine m the said m-part-recited act to the contrary thereof in any wi.c nofwithstandinjf. ' irr.-And be it further enacted, that every deed, conrevance or other assurance, of any lands, tencn.ents, or hered.taments, made' or oxecutedafter the passing of the before in-part-recited act, shall be ndjudged fraudulent and void against any subsequent purchaser or mortgagee for a valuable consideration, unles-s such deed con veyance, or other assurance, shall have iK-en duly registered within the fmes li^.ited by the said in-part-recited act for the registrn- t.on thereof, or if subsequently then unless the same shall have been I registered before the registry of the deed, convevance, or other assurance, under which any such subsequent purchaser or mortga ?ee shall claim. Provided always, and be it further enacted that* nol.ung .n this or in the said in-part-cited act. shaU extend to' anv lea.se at » rack-rent. wher« the actual possession and occupation I shall go wiih the lease. * 107 Dfcds, ,te. ex- fciited aficr the posHin^ of the above re- cited act to lie deemed void uiiIeMsref^ister- ed as herein ro- il uircd. Proviso. .f »•*' f 11 if iff ANNO serrrMo VICTORIA REGIN^ CAP. X. An Artto amend the lawt now in force/,,,' the rcyUterinff ^fdvedi in this colony . Pr.«„Ue. f ^"'''"1 29th April, 1 844.] Whereas by an act pawed in the first year of the reign of her pre- sent majesty, entitled " An act to repeal part of an act passed in the parliament of Great Britain, in the fifth ycir of the reign of his ma- jesty kinf^ George Uie Four;]., intituled ' An act for the better admi- nistratio, of justice in Newfoundland, and for other purposes.' and to make further provision for the registration of deeds in this colo- ny,"— itwas enacted that from and after the passing of the said BCt, in all cases where deeds, conveyances, and other assurances, of what nature or kind soever, whereby any lands or tenements situate in the said colony or the dependencies thereof had been or mi-'hi be thereafter granted, conveyed, mortgaged, charged, or otherwj., Btfccted, or intended to so be, should not have been loft at the pro per office for the registration thereof, within the times prescribed by the said in-part-recited act, of the fifth year of king George the Fourth, or where the execution thereof should not have been ac- knowledged before the registrar by the party or parties from whom any interest mightpass, or their attorney duly appointed,!! shouldanu might be lawful for the registrar of deeds for the district wherein tl. lanU afcied by the said deed, conveynnec, orother assurance, should he siti'. ■ . \ v.d he was '' ciuby required, to register the same upon uJ.aa.i< being made hj' one of the subscribing witnesses of the dut execution thereof by the parties thereto, which affidavit might k taken before the registrar of each of the said districts, or before any .■omraissioner duly authorised to take affidavits in the supreme court, or befoic any justice of the peace of this island, ^ whereupon the said deed, conveyance, or other assurance, should be deemed and taken to be duly registered : And whereas it has been doubted 7 VICTORI.E, Cap. 10. 109 whether by the .aid act of Ifcr Majos.y the rrsistrar, of deed. .r« a,ul...nsed to ra-ister deed, upon affilavit. made by subscribing «.t,.cs«.., unk-s. in ease, .b.-re such deed .hall not have bec-n IcJ for rc;,nsfrat.on ,vithin tho ti,„e proscribed by law. or wb.re the execution thereof ,h.U not haro been acknowledKed before thn rcpstrar by the party or parties from whom any interest may pa«« or their attorney duly appointed ; and it is expedient that in all caHC. the registry of deeds should be allowed either upon the afhduvu of the subscribing^ witnes,,, or upon the acknowledgment of one i.f the parties from whom the interest may j.ass. I. -Bo it declared and enacted, by the governor, council, and All dee.U, eon. (I'sembly, n, legislative gession convened, that all deeds, convey- '"'"'""• *«• ancs. and assurances, whereby any lands or tenements situate In Tc^'-'i^n ^S tiiis colony or its dependencies have been or may be hereafter ,''' '' ""'""'"• jrranted, conveyed, mortgaged, charged, or otherw.se nffeced. -nay ' """"•"• he re.M.stercd upon the alKdavit of one of the subscribing witnesses, taken in the manner re.piired by th. said recited act of Ifer present Majesty, or under the provisions of this act, II. -And be it enacted, that the affidavit of any such subscribing S„ch nft.davits w.tness to any such deed, conveyance, or other assurance, resi.ling '" cL . f S out of this colony, may be taken bofore any judge of a superior Z'^^T^^ court of judicature, or before any mastei-in-chaneery, or before the '- taken bi^fole chief magistrate of any town or place in or near to which such 7^^ "" witness may reside : Provided that no affidavit to be txiken el.c ^•here than m this colony shallbedeemed valid, unless the signature of such judge, master-in-ch«ncery. or chief magistrate, be verified l.y ♦. e cer ificate of some notary public of or near to the town or place where the same shall be sworn, or by the corporate or other l)ul)lic seal of such town or place. in. -And whereas certain deeds, convcj-ances, or other assu- «,,;,»„ , ranees aforesaid, executed out of this colony, have been from time aoc^^^?. ac' to time registered therein on the acknowledgment by persons ^""«''^^'l«-'^>'t appointed for that purpose as the attornies of tbp ,,.rf ; *' "" ^''J""'"' , I 1^ ». n» lue utioinies 01 tne parties enecutmg appointed not such deeds, conveyances, or other assurances, by instruments not ""'^"/"•':"V»n- under seal : And whereas doubts have been raised Kspecting the tZls'e".. ^"• ahdity of such appointments : L>o ittherefore declared and enacted. (.atall deeds, conveyances and other assurances, aforesaid, which i>--e been .o!.,.ajlJ,: re^i.lcral. shall bo deeme.l and l.kcn. as far "^ regards the validity of such appoiatments, to have been duly r7~f" _j-— -^ — — ^Htfl^— 110 5 ^'ICT0RL1•, Cap. 10. tcg-Morcd : Providcl alvays. and be it further enacted, that no . appomtxnent which shall he hereafter made for the purpose of acknowledging any such deed, conveyance, or other assurance aforesaid executed out of this colony, shall be deemed valid or effectual for the registering of any such deed, convevanee, or other assurance aforesaid, in any district of this colony, unless such appomtment shall be under the hand and seal of the j.artv or parties executing the same. I)cc(Is t}iat TV An.li.. •. ^ ■, , miKhi beroKis. . ' ^"'^ ''"= '' ^"«'=^'^''' ^^'''t at any time when by the provisions terod on aftida- "f this net, or of the said act passed in the first vear of her majesty's i:l;ti,t:j;s- '''^' l^'^ ^^^'l- conveyance, or other assurance, may be registc/ed .nay a!«„ be re- "Po" the affidavit of one of the subscribing witnesses, such deed U^l^Z:::^ conveyance, or other assurance, may be registered by acknowledg' of i.aiUes. '"^"t of the party or j.arties from whom the interest may pass ^ .-And be it enacted, that every such deed, convevanee, or other assurance, shall be deemed and taken to be a registered deed con- n- , . TT^' ,"f "''"'•""^*'' f™'" t»^« time when the execution thereof ?o'Kr,r;-ta^:g' :''^' ""l '""'y -''"-"edged before the proper registrar, or from the etict. time when such deed, conveyance, or other assuran^., accompanied by the proper affidavit of the subscribing witness, shall be left with such registrar for registration. trlt7.ms '''^of ^'^— And be it enacted, that all deeds, conveyances, and other .ioubtf..lvalWi- assurances aforesaid, which have been or which hereal'ter shall I,c t. cclirmcd. registered on the acknowledgment of a party executing the same after the expiration of six months or twelve months respectivly from the time of such execution, shall be deemed to be duly regis- tered in like manner as if such deeds, conveyances, or other as",,- ranees had been or were registered on the affidavits of subscribin^r v.tnesses under the provisions of the hereinbefore in part recited act; and all deeds, conveyances, or other assurance., aforesaid, vhich have been, or which hereafter shall be, registered on theaffi davits of sul)scribing witnesses thereto within the period of six or twelve months respectively from the execution thereof, shall he deemed to be duly registered in like manner as if such deeds c„„- veyanccs, or olh.er assurances, had bien or were registered on the rrovi«ions for ''*=''""«>«'l>?'"ent of some party executing the sam ■. rcRisf ration of MI.— And be it enacted, that where anv person shall execute :;:^u;ca iS '" ""^' t'' ""' "'■ "'" «''™y '"'> 'l^'-^d, coiiveyance or other assu- the colony. r'^'HT, affecUng lauds, tcnemtnt,x, or hmdiiuments within thi. to- 7 VICTORLE, Cap. 10. lony, or which require to be re^ristcrcd within the same, it shall be lawful for the registrar of deeds for the district therein such lands, tenements, or hereditament., are situated, to register such deed, con- veyance, or other assurance, upon the production to him of a cony of the said deed, conveyance, or other assurance, duly verified by affidavit and authenticated by the certificate of any judge of a su- preme court of record, master in chancery, chief magistrate, or no- tary pubhc of or near to the place where the person executing such deed, conveyance, or other assurance, may reside ; and such reHs- Uat,on shall be as valid, to all intenU and pusposes, as if the ori- pmal deed, conveyance, or other assurance, had been produced to such registrar. . r « i.« 111 ^- h ANNO DECIJIO VICTORIA HEGINiE. Cap. VI. Ah Act concerning the rtgutratton of deeJt. [Passed 14th Jaauarj-, 1847.] tV'ireREAS in the fire by which a great part of the town ofSuint Johns was recently destroyed, several volumes of the registry of deeds of the supreme courl were burned, and it i. expedient to re- medyas far as possible any inconvenience which might arise from their loss : Deed* of which t ii • i i. the registry ^'-^^ U therefore enacted, by the governor, council, and ..ssem- ln.vearb '": "^'' '" ^'^''^''''' ^^^^'°" ^-^•••'•^""'. ^'"^t it shall and may be lawful gistmd anew. '°»' *ny pcrson or persons who may hold any deed, will or other as- surance which, before the said fire, had been duly registered in any of the volumes so destroyed as aforesaid, and they are hereby re- quired, to present such deed, will, or other assurance, to the regis- trar of deeds for the central district ; and such registrar shall re- gister a memorial of such deed, will, or other assurance, free of charge. Deeds exccu- TT 4 - i, j ■ te'' subscribing witnesses in- Wi.,« verified ^^^"*^ °^ ^''''' affidavit now required by law ; and great inconv 1... .1„-*I ».• ,-. Ann* .1..1^.. ,1 • .1 . Wii.g verified """"^ "' "'^' ""'^'*"'' ""w requirea Oy law ; and great inconvcni- tLer".I:t5'w f""'' *^''''*' ""'^ '•^^""'^ " ^''"'■^J' ""'-isioocd to parties interested iinatracto, W. ;_ t , «» tf fl,„..,.r ^....j .i . • ,. 1) under act5 W • • ->i-"o» « w.cituj occHsionea to parties interested 4< c. 62. ' ■ '", '* • ^^ '^ therefore enacted, that in all cases where any deed, wiU, conveyance, or other assurance, may now be registered, upon being verified by the affidavit of any witness or other person, such deed, will, conveyance, or other assurance, may be registered, upon being verified by x declaration of such witness or other per- eon, made ia the manner and form prescribed by the act of the im- perial parlirment, made in the fifth year of the reign of king William the Four.h, entitled " An act to repeal an act of the nrc- sent scii,i on of parliament, cuUtlcd • An act for the ijiorc circtiua! JLLii, •sr vicTorvi;i\'U... 10. a1,ontion of oath, and afllrmatron,, taken nn.l n,acle in various dc- partments of the state, and to substitute declarations in lieu taereor. nd for the more effectual suppression of voluntary- and extra ju' chcal oaths and affidavits,' and to make other p;ovision for tJ.o Sr f """^"':!'-y «»^'^-" P-vided that such declaration hall be authenticated in the like manner as such affidavit is or ma, be required to be authenticated. '' IIL-And Mhereas by an act of the local legislature passed in the I seventh year of the reign of her present majesty entitled " An act to amen^d the laws now in force for the registering of deeds in this eo- lonv, It IS enacted that registry of any deed, conreyanee, or other assurance executed out of this colony, should be made on produc- ion of a copy thereof duly verified by affidavit, and authenticated I fore any judge of a supreme court of record, master in chancery, caef magistrate, or notary public, of or near to the place where the person executing such deed, conveyance, or other assurance, should rcsu 5 and it is expedient that such certificate ohould be by ajud..o master in chancery, chief magistrate, or notary public, of or nearto ho place where the person verifying such deed, conveyance, or a,, surance, should reside: Be it therefoio enacted, that in al caset J.t m the operation of the seventh section of Ihe said a Zh tor he declaration allowed by this act being authentic.ed by eh juage, master in chancery, chief magistrate, or notary public esiding at or near the place where the person making such affida ^U or declaration may re.- ' : ; and that no registry of any d d conveyance, or other assurance, which may have been made s net he passing of the said act, shall be deemed invalid, by re on of . au^^em^^^^^^^^^^ ^-" before such udle.maL^ hn chancer), chief magistrate, or notary public residing at or near the place where the person making such affidavit m^ reside „ ted of being made before a judge, master in chancery h ief mT .trate or notary public, residing at or near the p-Z' Chi 2' |P^- executing the deed, conveyance, or othe^assu::!:;:^ 113 Deeds fxffutcd aliroaj may bo ro^'istcrcd on bcin!» being ve- rifled by ci-rtj- ficate of judge, 4tc. residing near witocsa. II Secretary of colony to givet notice of the act in Royal Gazette, &c. ^1* t VICTORIA, Cap. 10. i onr of the public newspapers published in London, Lit^rpo^ . Greenock, Bristol, Exeter, Poole, Cork, and Waterford, m6 m the Royal Gazettes in the respective province* of Canads, Nova Scoria, New Brunswick, Prince Edward Island, and Bermuda, informing aH parties interested of the dcstrucUon of ■aid volumes of the registry of deeds, and of the neces- sity for registering anew deeds and other ass-irances, of which the registry hath been destroyed ; and also, infcrming such parties that a copy of the laws of this colony concerning the registration of I deeds is deposited in some office ox- place of deposit near to the places respectively where the newspapers referred to may be published, and that such copies of the said laws shall be there open for the in- spection of all parties interested : and the said secretary of the co- : ny is hereby empowered to cause such copies of the said laws to be transmitted to the said places of deposit for the purposes abov« AieBtion*d< II ilil AJixo faEcisio VICTORIA REGIN^; CAT. III. An Act to regulate th» appointment of sheriff,. [Passed 14th Jai.uary, 1847.J ' ir/r "' '" 'rt°!'^' '"^""' P"''^™^"* P--^ •" »he fifth Pr^aile )e r of the ,e.gn of h.s late Majcty King George the Fourth, entiUed I An Act for the better administration of jusUce in Newfoundland A.i 5 G«, 4 and for other purposes/' and which said act was to continue in « 67*' °"- *' force for the period of five years, it was declared and enacted that .'t I should be lawful for his said Majesty by his charter or lotte« patent under the great seal, to institute a supreme court of judica- ture m Newfound land, which should be called " the Supreme Court fNewfoundland/' And whereas by subsequent acts of the imperial^et 10 G . parhament. passed respectively in the tenth yearof tne reign of hU ' •*• sajd >^,esty, and in the third year of the reign of his late Majns^v King Wdha.n the Fourth, the said recited act was continued (n Act 3 Wm 4 force untd the same should be repealed, altered, or amended, by any act or act. wh.ch might for that purpose be made by Hi^ . MHjesty with the advice and consent of any house or houses of general assembly which His Majesty might at any time see fit to I convoke wUhm the colony of Newfoundland. And whereas in pursuance of the provisions of the first-recited a.t his said Majesty K.ng George the Fourth by letters patent under the great seal and I dated at Westminster the nineteenth day of September in the sixth year of his said Majesty's reign, did erect and constitute a supreme I ourt of judicature in Newfou.aland. and :. and by the said letter patent did further ordain and declare that the governor or acting j governor for the time being of the said colony of Newfoundland 3uld yearly and on the Monday next following the first day of January .a each year, by waxrant under hi. hand and seal, nominate \ It 1! : v\ I '-BH-i 116 10 VICTOniJE, Cap. 3. and appoint some fit and proper person to act as and be the sheriff of Newfoundland and its dei)en(lencips, other tlian the coast of Labrador, for the year cn'suin-?; which sheriff when appointed should as soon as conveni'-ntly mi^rht be, aud before he should enter upon his said office, take, before the governor ^r acting governor of the said colony, ai. oath faithfully and impartially to execute tlie duties of his said office; and such sheriff should continue in his said office for the space of one whole year, and until another sheritf should be appointc.! and sworn into the said ci?ce; and before entering upon the duties of his office, should enter into a recogni- zance in the sum of five thousand pounds, with two good and suffi- cient sureties in the sum of two thousand pounds each, for the due And faithful performance of the duties of his office, and for the due payment of all such sums of money as might by him or his lawful de- puties be levied or received by virtue of any process, rule, or orderof the supreme and circuit courts or of cither of them ; and further, that it should' be lawful for the governor or acting governor of the said colony, to renew from year to year the appointment of the same person as sheriff of the said colony and its dependencies. And whereas, by an act of the local legislature, passed in the sixth year year of the rcig,i of her present Majesty, it was provided that the said sheriff and two deputies, one for the northern and one for the southern judicial distiicts of the said island, should receive certain salaries in lieu of all fees of office, which fees were to be paid info the colonial treasury. And whereas the amount of fees received and paid into the treasury by the said sheriff, since the passing of i the last mentioned act, has been '-^und to be considerably under the •whole amount of salaries paid in lieu thereof. And whereas much inconvenience, injury and loss has arisen in the ailiuinlstration I of justice, from the want of more deputies than are provided for by the said last-mentioned act; and it is moreover expedient that I the said law with respect to the appointment of sheriffs in this I colony should be in other pau'culars amended. Act of 6 Vic, '• ~ ^° '* therefore enacted, by the governor, council and for commuting assembly, in legislative session convened, that from and after the irepcldc'd. ^^"^ ?"^ Monday in July nextaftcr the passing of this act, an act passed 'n the sixth year of the reign of her i)rescnt Majesty, entitled " An Act to commute the fees received by the high sheriff ot this colony I and to provide for the salaries of the said sheriff and his deputies," 10 VICTORIA, CAr. S. 117 .hall be and the .amo h hereby repealed ; and that from and after Office „f sheriff .uehumeas aforesaid, the otfice and functions of.heritt' of New- P' f*'?*^""^- oundland and its dependencie., other than except the coo^t „f '''"'^'''"^"'""'• Labrador, .shall ceacc and be abolished. II. -And be it enacted, that the governor or administrator ofThrr* .hcriff, the government for the time being, shall, on the first on Mondav in »" beapp„intcd July next after the passing of this act. and on the first Monday in n^lr tr Tec July in each ensumg year, by w.Mrant under h's hand and seal J"'''"'^ «"» nominate and appoint in each of the judicial di.lricU of the colony "'''*' some fit and proper person to act as and be the sheriff of such d.su-ict, which she.iff, when appointed, shall, a, soon as conve- niently may be. and before he shall enter upon his said office, take, before the governor or administrator of the governm ;nt for the time k-mg. an oath faithfully and impartially to execute the duties of suchhisoffice, andsuchsheriffshall continue inofaceduringthe space of one whole year, or untU another sheriff .hall be aprointed and sworn into office ; and in case such sheriff shall die in his said office or depart from the colony of Newfoundland and its dependencies then and in such case another person sha'l, as soon as conveniently may be after the death or departure of such sheriff, be in like manner appointed and sworn in as aforesaid for the remainder of tlie year, and until another sheriff shall be duly appointed end sworn into office. Provided that it shall be lawful for the goven.or or administrator o^ the government for the time being, to renew, irom year to year, the appointment of the same persons as sheriffs -"n each of the said districts. And provided also. U.at before entering upon the autiesof h..s office, each of such sheriffs shall enter into a recognizance before the supreme court of Newfoundland, or a com- nnssionertobeappointedTor that purpose by the said court, to her ^lajesty. her heu-s and successors, in the sum of one thousand .ound.,, with sufficient sureties in the sum of one thousand pounds. 01 the due and faithful performance of the duties of his office, and fc the due and punctual payment of all such sums of money a, may be by him received by virtue of any process, rule, or order of the supreme court, or of any of the circuit courts of Newfoundland 111. - And be it enacted, that the sheriffs so to be from time to p tjme appointed as aforesaid, shall, within the districts to which they d X"of TcJ «hall be respectively appointed, have. use. exercise and perform the "^• like powers and duties, and in like manner and under and subject R^^^H'n ^• iB' *^- r iia 10 VICTORLE, Cap. S. to the Lke conduions. limitation,, restrictions and provisions, to all the shenff of Newfoundland and it, dependencies, under and by co"^^ of N ' T' tT '" "'^'"^'^'"* ^'^^ ""P--'-' ^^ "--'' courts of Newfoundland. «Sri"r!r ^']^;~''f "r 'V"*"*"'' '»'"* '^^ "-'» «'>«>"«' «« to be appointed forcrecdTcd. "" »f°"«-"'. "ha" reepcctively, have and receive the following Balanes. that is to say. the sheriff of the central district, five hundred pound, per annum j the sheriff of the northern district, three hundred ,K>unds per annum ,, the sheriff «f the southern district, two hundred pounds per annum , which salaries shall be paid quarterly by ^.arrant of the Governor or administrator of the government for he time being, upon the colonial treasurer, and shall be in lieu of all expenses incident to the offices of such sheriSs respectively, and :n heu of all fees and costs T^hatsoevi,-, which by virtue of any law or general rule or order of the supreme court, have been heretofore' taken or kceived by the sheriff of Newfoundland, by viriue of or a. Incident to his office, or which after the commencement of this act u aforesaid, might be taken by either of the sheriffs to be appointed under this act. Pecs to be ac- V. — And be it enacted, that the said sheriffs ahall -espectively P^'ove" r' "''" ^"" ""'^ '™' """"'*' ^'^'""'^ °f "» ^"'^J' f-^es and costs what- imally. ^o*^^"' ^'^» '» "'ay have been received cr taken by them, and shaU pay over the same to the treasurer, for tlie uses of the colony .^oVocdlel";? ^'^;" '^"'^ ^' '' '""'''''• '^''' '' ^'^"" ^« '''^•^"' for the governor per annum du-'"' •'"^'"'"'^^"•ator of the government for the time being, at the ring his incum- expiration of each year after the commencement of the operation of '"'y- this a. d during the incuml)ency of the present sqeriff of New- foundland. to issue his warrant to the treasurer of the colony for the payment to him of the sum of two hundred pounds, as compensation for any loss or injury occasioned to the said sheriff by the passing of this act. Provided always, tliat the said sheriff shall annually make a full and just return of and pay into the colonial treasury, all fee. costs, and emoluments whatsoever, which have Leen received by him by virtue or under colour of his said office, or by or under any law or rule of court whatsoever pertaining or relating thereto. Sheriff of Con. VII.— And be it enacted, that the F^teriff of the central district shall UaLlit" wo° '"""''''' '""^ ^'''"''"'^ *° *''^ ""'^ '^'"^' "^^'^'^ '^•'^ "°«'^^'" a"d south- ern districts respecUvely, by Post or such other conveyanse a* mij f 10 VICTORIA, Cap. 8. 119 offer for the aam^ such process, rules, and orders issuing out of the e*i. to north- sui)reine court, to be executed in the said northern and southern •™*"°"'»>«n» districts, as shall be delivered to ? Im for that purpose, and sh;!! -iso *' grant special deputations, when required, for the purpose of having such process executed in such distr:-U : Provided always, that the said sheriff of the central district shall not be responsible for the ^"''^• execution of such process so transmitted by him, or for or on account of such sjHJcial deputation; end that the «aid sheriff shaU have an-I receive the sum of «ny pounds per annum in addiUcn to his Mlar^ for the performance of the duUea herein inipoMd upon him. if Pfcuable. AKXO TEKTTO VICTORIA REOIN^.- Cap. ti. AnA^to rjulaU th. granting of license, for the .«/. 8„ retail Of mne,, ale, cud .pirituous liquor, in Netrfoundland. [Passed 12th October, 1839.] tuourlirr T"" 'r "" ^'^ ^'"'^^^ °^'^^-' '^^. -^ spin. ofvTnlJZ '""" '"°'*' °' Foceedingagainst persons guilty oi vending the same continry to law. luitlem in ses- Be it therefore enartnrl K.r ♦»,„ to make rule,. j^'j7"f^"^'/f'^' the justices at the several sessions of the peace rules touchin'rH ^'^°'''\ """^ required to make and ordain T^les touching and eoncerning the granting of license, to persons nana ?. "' '"^ "" "'""' ''''' ^^^ ^1""*-- liquors nT S „ t '"°"'''P^>'»^'«^"'^»^'» the several locali- 3 VICTORLi:, Cap. 0. igi vicinago, ,h, ,aid .cveral .um« ,hall bo „.y„h,e for ...1 on account a..., u..u„a. of nuch licence, : I'mvid.,! that in the oth.-r to.ns .n.l nlac. of ""''- ""''• n rthc^ n.l .southern .lutrict.. the sum chargeable for such Ucchbc shall in all cases be two jwunds ten shillings. III. -And be it further enacted, that thJ jusUces of the peace at J"..ioos f every general or quarter sessions of the peace shall be authorized, and '^™"' "*"'"'"=• «.'djus..e. shall, mthe execution of the powers herein contained '■""*'' and m the exercise of their discretion, deem fit and proper, to seU wmes. aJe and spirituous and other liquors, by retail, and such .cense shal be and continue in force for one whole year, from ..e date of the issue of the same. IV. - And be it further enacted, that every person who shall sell. p,„,u:., barter, exchange, or for val.-.ble consideration otherwise vend ^^.1:^..,.^ ^.mes, ales, or spirituous liquors, by retail, or shall permit or suffer "'.f/'''""'' *'•• any wmes. ale, or spirituous liq.ors to be sold. baLed. exehan- Ue:!::::. '"'' ged '^' otherw.se vended for valuable consideration, by retail. «uho. .eing duly licensed so to do, shall for every such offence, on summary conviction before any one justice of the peace, forfeit and l>uy a sum or penalty not exceeding ten pounds, nor less than two poun, s ten shillings, together with the costs of the conviction ; " I rovuled always that no penalty for such sale, barter, exchange, or proviso ot er disposal of any such wines, ale, or .-.irituous liquors by retail, KUhout hcense, shall be incurred by the heirs, executors, culminisl trators or assigns, of any person licensed under this act, who shal, insdvir; u T' " ""'' '"'^ ''""' °'"">' "'^^ ^°' ^^^^ -'•'^f °J ohen debtors, before the expiration of his license, so as such sale, barter, exchange, or other disposal of such win.i, Je, or spi- ntuc-.s hquoi-s, shall be honajick for the benefit of the estate of such person having deceased or become insolvent, and take place prior to the general or quarter sessions then next ensuing, unless such general or quarter sessions shall be holden within fourteen day, t after the death, bankruptcy, or insolvency of the said perso shalirT Id ""' ': "^^ ^^'^"^^ •'^ '^"''"- sessions'which V. -And be it further enacted, that any person who shall think t, lumself aggrieved by ,uch conviction may appeal against the la^c l=.r Si' ^i ' ■ ( 122 i I 3 VICTORIyE, Cap. 6. Ifer I.. tice. to apiLi*" *''* ""' f^''"'^™' »' quarter .etaions of the peace holden in or t.,ncxt..„ion. "eai-eot to .he place where such conviction shall have been made. rifi.!a'""Lre' ""'""" '"""^ ^'-■'"'™' «' 1""^'" ««"'«o»" "hall he holden wifhin twel>-e thereof. <»«ys next following , and in tha» ease to the next following general or quarter He8«io„, to be holdrn an aforenai.I and not afte-ward.- 1 royidv.d that sMch person shall giv, to such justice uotic .• in writing of h« intention so to appeal, and of the cause and matter Iher of w.thm five days next after such convicUon, and shaU within such five' day, enter into a recognizance with two sufficient sureties, before . just.ce of the peace of the district within which such con- iction shaH have taken place, conditioned to appear at sueh session, and to try such appeal, and to abide the judgment of the court thereon, and to pay such cosu as by the «»id court shall be awarded ; and the judn which an; 'oreign grains, Guinea pepper. Coculus Indicu, vitriol, blue stone, tobacco, or any other noxious or pernicious in- gredient shall have been used, mixed or infused ; and any person who sh« knowingly or wilfully offend in any of the premises aforesaid, shall for each offence forfeit and pay to our sovereign ladv the queen, a sum or penalty of ten pounds, to be recovered upon' com- plaint or information in a summary way before any two or more ju,- tices of the peace, and levied, together with all costs, upon the goods and chattels of the offender, No perten VII.-And be it further enacted that no person other than those tt:: duly'n- 'f ./T!!'; ^° ''^"°'- ^•-'^ -^^^ wine, and spirituous liquors, bv censed to ex- '"'^^'^' '''"»" ''eep up, or exhibit in or about any house, out-house hiWt . sign- or building, any sign-board, or sign containing any words or em- 3 VICTORLE, Cap. 0. blcm to the purport or effect, or any »\gn intended or cnlculnted to intimate that such hou»e or out-house or building, in an inn or pub- lic house, or that ale, wine, or spirituouR liquors, are tor sale by re- tail, or in small quantities, in any such house, out-houso, or build- inj(, or .7 the owner or occupier of any of the same respectively ; And >»ny person or persons knowingly or wilfully oflbnding herein, shall respectively forfeit and pay, for each and every offence, to o jr sovereign lady the Queen, a sum not exceeding two pounds, to be ri'covered upon complaint or information, in a summary way, before any two or more justices of the peace, and levied, together with all costs, upon the goods and chattels of the respective offenders. VIII.— And be itfurtherenacted, thatno conviction under this act nor any adjudication made on appeal therefrom, shall bo quashed for want of form, or be removed by writ of certiorari or otherwise in any of Her Majesty's superior court! of ju.tioe. IX. —fAnd be it further enacted, that all and every fine and penalty recoverable by Tirtue of this act shall be paid over to the treasurer of this island, to be approj.ri. '.... _ the legislature to the us«s of the colony ; Provided that ir all cases .ere the said penal ties, or any of them, shall have been recovered by the testimony of D"-re than one witness, one moiety of the same shall be paid over to the informer and the other moiety shall be paid unto the treasurer of he colony, to be appropriated as aforesaid, Its board or oth«r indication of an inn, jic. Penalfjr, ConTictiona under this act not to be quashed for in- formality. Application of penalties. H \ m >• T **•* :. ^;.-v-^-r- ^--^'-•'^^ (.!' I r rrcamble. Hrpeals ANXO QrvRTo GULIELMI IV. REGIS. [2nd Session.] * CAP. xviu. An Act for declaring all landed projurty in Neufoundla„d real chattels. [12th June, 1834.] WnKRKAS the law of primogeniture, as it affects real estate, is in- api,l .cable to the condition and circumstances of the people in tlii, •sland : An.l wheras the partibility of small estates, by descent in coi,,arcenary, or otherwise, would tend to diminish the value thereof and would in its api,licat;o„, be attended with much expen.,e aiu! onhcaoKcap l'"'^ ^'^"Wy of Newfoundland, in paj^iament a.s«embled, that all 18) of last so.- lands, tenements, and other hereditaments, in Newfoundland and its dependencies, which, by the common law, are regarded as real estate, shall, in all courts of justice in this island, be ^eld to b. chattels real, and shall go to the executor or administrator of any person or persons dying seized, or possessed thereof, as other personal estate now passes to the j)ersonal representatives, any law, usage, or custom to the contrary notwith-standing : Provided ahra,,^ that no executor or udndnktrator shall bargain, sell, demise, 'or otherwise depart with a,,,, estate or interest therein, for a hmjn period than one year, without the direction of the supreme court.,! this island, frst gicen for that purpose.* ... „.. n. - And be it further enacted, that all rights or claims which forr'^otui:;: '"'V""!''"" "''""^'^ "• '■^^l^''^' ^° ->■ '-'>« - tenement, in tobedciermin. ^Newfoundland, and which have not already been adjudicated upon shall be determined according to t.. provisions of Uiis Act;' • This proviso was subsequently repealed by the 6 "W. 4, c. 5. Proviso. Rights or 4 GULIEL:\ri IV. Cap. 18. 125 Provided always that nothing herein contained, shall extend to anv o^l aoconling ta right, title, or claim, to any lands, tenoments. .r hereditaments ""^ '"'•■'• derived by descent, and reduced into possession, before the passing of this act.* I . 1 . ^.. . '^''"' ^''""^ passed by the legislature the words " and h.ith not hitherto been api.tied here," were proposed by the Assembly to be niserted m the preamble alter the wor^s "this island;" but the .imendment was abandoned after conference between the two houses on I me £?round that there was no evidence upon which the allegation contained ,1, the anieiulment could be supported, and that there might reasonably I txis* im.eh ddfcrenee of opiuion upon the fact Ihe-rcby asserted III the ease of William!, vs. WilUa.ns and others, Select Cases l'>0 the quesfon was raised whether real estate in Newfoundland is or is iloi fX'^ llJ""^':' 'v' "/'"•'"it""'"^- The whole of the decision of I 1,0 Chuf Justice (Mr. Forbes) was, unfortunately, not preserved: but romwhatremamsof U the solution of the question appears to have been ,n the neK>t,ve Mr. Forbes states his inability to find any record m the courts which threw " the most distant light up.m the subjec " He could not, therefore, have been acquainted with a prior decision of Chief Justice Ueeves at Ferryland, in 1792, in the ease o{ Kenned „ v.s. T,aZr in which the same question had been mooted. In this case the eldest son claimed the succession as heir-at-law to a " plantation" (a term bv which ground with erections and improvements for iishin? purposes is generally described of his intestate father in exclusion of a sister, the only other child of the intestate. Mr. Reeves decided that the property shouUl bo qua lly divided, being of opinion that " lands and plantations in New! fmiiidland arc nothing more than chattel inte..sts, and .should, in case of intestacy, be distributed as such." ' On the other hand, later chief justices, and among these Mr. Bnulton ...d Mr. Bourne, were o opinion that nntil the%assi,ig of the re^d Imttc ,s act, real estate in this island was governed by the English ru es 01 nii.eritance In the case of M„„er,,ns..>.t aJd ofhrrsKs. K.en, f ■ ,T-' „•','" '"y}" *''^ ^^^^^^ '"" ^••'"""^'1 ^' heir-at-law, extensive real estate in this island, the late Chi-f Justice (Mr. Bourne) held hat but for lie passing of the act above-m,ntion.d he would have been entitled to it In this case It appeared that the intestate died in December IS.U • the •ut had passed in the month of June preceding, but had not prior t^ the mtcstate s death been left to its operation by the usual order of Ker Majesty in counci! There being, however, no suspending clause to the aa the court decided tlmt it took effect as law immediately on the assent of the governor to it being given here "ss^-m. The decisions of Mr. Reeves and Mr. Forbes above referred to were rronnunced during the time that the acts 10 & 11 W 3 c 2-3 and 1 3 O 3 c. ,31, were in full force, and doubtless were influenc'ed" by the neeuliir r.l','':.f . '^T ''''T'\''^' ''^''^ Newfoundland was considered hi tlo light of a fishery only and not as a colony or plantation ,>rnpcr!v so called Tlieoecupancy of the soil was intended to be but temporary, and for the riiToses of the fishery, and indeed until the passing of the act 5, Geo 4 I;,, :iV7,^ ]"■''"■;'*'"""""'" "^'' ^^"''"Rof land in fee were re mou,l, the titles from the ero«Ti, if they can be so called, were only n s;^.°fthrr"""'"" '^"'■">^T'"■•P-- nf cultivation, under the hand .inlseal ".f the Governors, sonielimes for alimiled periodbut more frequent ly tor terms of years ,ene>v.ble, and which ol late have gencrallyZen commuted tor grants m fee .implc. But in the caseof real property ac-mirca ^ I 0^' 1S6 31" 4 CJUllELMI iV. Cap. ig. by «n adrerse possesion for such a period of time .5 would bar the liehf cf the crown,- by wh>ch t.tle a great portior nf valuable property in , hi, Wand ha, been acquired, a, well as in the case of fee simpU proJer"y in general by whatever title acquired, if the English Uw of inheritance did not govern It, it seems difficult to say what other rule o. law could be applied til^r. T!^ v' ,E"«'"h.'^'"' '-Wch Sir W. Blackstone lav8 down a, being carried by English subjects to a coiony planted and settled by them •re the general rules of inheritance." :Ncthing ha,-ing the legal requi-' *itos and force of a custom in this respect can be alleged here ; and in tka iTitroductory part of Mr. Forbes' decision, which is all that remain's of it while he lays stress upon the circumstarce that the law of inheritable sue' rr"?I! 1 f been urged before the courts of this island, he cites on the other hand no judicial decision to the contrary. But as I have abor. remarked, the peculiar tenure under which real property was from the first held, and t :e policy of the Imperial Cover ment in reference to Newfound- .wd tended o and hadtheeffectof discountenancing the application here of the Li,«hsh law of inheritance. These doubts and diffiulties are now all removc.1 by the act declaring landed property real chattels, which so far us relates to distribution in cases of inte.stacy, is much more suitable to the circumstances of this colony, than the law of England In support of the .^ew of the law taken by Mr. Forbes, I may add that I have not been able to trace in the records of the courts, nor by rrlation of persons capable of affording information, any application of the law relating to dower m this island ; and although the statute of frauds ha« always been held to be in force >• :re, wills of real estat° have hever been considered invalid from the aUenee of the attestation of three Witnesses, according to this statute, n.-!\l I-'m ^r"'!,"'!./'"'''"^^ ^ ^r- ^' "■ ^' '■ * ''^"''» '" t'"' plantations are Tnade 1 able to debts, and in this island prior to the passing of the Real I battels Act, It was the practicr to attach and sell lands for the sadsfac- •lon of debts in like manner as chattels. This branch of the law is now regulated by the local act 6 Vic. c. 10. In a case lately decided in the Supreme Court, 7)o« e.d. Stares n Ferwuf, a receipt m writing for a sum of money -nentioned to be the mu- chase money for a piece of ground, the possession of which was at the WM bclU to be a iufficicat couvejaucc «f Uic title. " " vt GENERAL RULES AND QRDERg OF THE SITPRE.>IE COURT OF NEWFOUNDL.\XD. 1 I XX. -The shcM-fTwill keep a list of persons qualified to serve as Qualificat:.. fine to be .mmediately levied by distress : and where sufficient goods cannot be found to satisfy the distress, the party against ;arof ^Tiir '' ^"'^'^""^'' ""^^^^ - -'- °^ --» ^- ^^« fr^S'Z ^'^^^ly-If the non-attendance of the juror shall have been case of neglect, occasioned by any culpable neglect on the part of the summouine officer, the latter shah be subject to precisely the same fine and penalties as the former would have been liable to had he been duly summoned. ' ur£Sr!iS°rfx:rth^Se':;iSsi?^^^^ ^-^'^ If the value of the property to be registered shall not appear with sufhc.cn certainty upon the face of the instrument, it must boos. certained by tne oath of the party tendering it for registration, • Sec further cxenjpUons by 17tli rule lelow. liii ^fCi-.- ^^-xz^'^^ : >:ife^?-- rvv^xiiis-^ igrcga- . OF THE SLTREME COUIIT. m 1 or every certificate, from the record n , n lor an inspection of tlie record ' .'.'.' [''',[[ [" ' q j q - It. A. TUCKER, J. W. MOLLOY, A. W. DESBAKRES. [Promulgated 2d. January, 1826.] XLVII.-- Among the person, ,.ho are to l,e exempted from I scrvmg on juries, the judges deem it necessary to include- The officers of his majesty's customs, and ^^^.Ulmht-r persons actually and 4o««/«/« employed in the public H. A. TUCKER, T. W. MOLLOY, A. W. DESBARRES. [Promulgated Slst Junuary, 1826,] XLVIIL^^Where property is held in co parcenary, jont-tenancy. Proceeding. Jr or m common, any ofthe parties who wish for a partition thereof may ^''^^ «" Parti- sue out a writ in the following form, againat all those persor, who *'""• have a ;oint possession with them of such property, and refuse to make a fair partition of it. George the Fourth by the Grace of God, ofthe United Kintrdom of Great Bntamand freland, King, Defender of the Fauhjc Ic. Glx.ciin.75 °^ Newfoundland and his Deputy and Deputies. Form of sum- ° iwons in cases Command E. F to appear in our supreme court of Newfoundland "' P'"'"""- on me "ay of to shew wherefore he denieth Dartition fn b made between him and A. B. and C. D. of (here sSe" » « nature ofthe property, with such a description of it Is wSild be rra C ^'^Tr^'^ ^'"^l^ V ^"l^* together wXheiS Murn nf wii",?' u'7 .'">'• ^'"^ >'°" "'^ commanded to make ZremTo^eZ"" ''"''' '°' "P°" ''''' ^■"'' "' ^- ^'- -d place Witness the honourable St. John's. Newfoundland, "'»- uayof in the year of our reign. By order of the court, ^ Cleik Supreme Court. XL X. - This writ, like aU others, may be sued out in vacation To be sued out as well as m term , but there shall rlways be fifteen days at least, in va'ca.-o;.""* bawcen the teste and return o^ ."t ; and if the tenant shaU not then nppcav, the court will require that proof .hall be given of the due and regular service ofthe writ, by an affidavit to the foUowinge&ct - ~ ■-'^-'..'S'S^^- 130 GENERAL RULES AND ORDERS \i ( A, B. and C. D, Demandants, Between J and (E.F. Tenant, Affidavitofser- v^^r ^'a! , "V,'^ ^'- /" °^ "''^^^^ *" ^^e sheriff of Tice, XVewfoundland, severally make oath and say, that thev the said de- ponents did on the day of in the year of our Lord ferve the above-named tenant,* with the writ of partition jn ih)s cause, by delivering to and leaving with the said E. F. a co- py of the said writ, and acquainting him with the contents thereof- and these deponents did on the said day of in the said year of our Lord, deliver to and leave with ll. S. and T. V, the occu- piers of the messiiages, lands, and tenements in the said writ men- tioned, a true copy of thfe same writ. Sworn before me at this day of Judgment by ^- ~ ^^> "PO" tl^'s proof of the service of the writ, the court shall tl^T^ltT ^° ^^ ^'^'^i^fi^'J that a reasonable and sufficient time has been allowed the pioccedings i«n^' to obey the command conveyed by it, the demandants will, thereon. on the tenant's then neglecting to appear, be permitted to enter an appearance for him ; and the court will proceed to examine the de- mandant's title, and the quantity or proportion of the property to Which they are entitled ; and accordlagly as they shall find the de- mandant's right and proportion to be, they will for so much give judgment by default, and award a writ to make partition whereby euch part and proportion may be set out severally; which writ shall be cxjjressed in these terms '. George the Fourth, by the Grace of God, of the United Kingdom of Great Britain and Ireland, King, defender of the Faith, &c. &;c. To the Sheriff of Newfoundland, and his Deputy and Deputic Greeting: — t j i Form of writ of ^VTercas E. F. late of was commanded to be in our supreme partition. co"""* of Aewfoundland, to answer A. B. and C. Jl, of a plea where- upon the said A. «. and C. D. and the said E. F, held togcliicr and unihvided (state the pro])erty in the same manner as in the original writ) and the said E. F. denied partition thereof to be made betwem them, and permitted not the same to be done, as they said ; and the said b.. b ; not appearing in our said court according to tJie command i ot our said writ, oui said court did proceed to examine the >- themselves to the court by motion, and show a good and f fT""'"' l..obab!e matter in bar of such a partition; in which case the """""" court will set aside such judgmer ,, and the cause shall proceed a, 1. no ..ch judgment had been given. But if the court upon hearing thereof shall adjudge for the first demandant, then the said first J'uljmcnt shall stand confirmed, and shall be good against all l|0.sons waatsoever, except such other persons as shall be absent or uisabled as aforesaid, and the person or persons so appcaUng shall be ravarued thereupon to pay costs. LlI.-Shouia any of the persons described in the last article, p ,. . ' K Z Proceedings in HI .1- f =(/( 132 Mse of incqii!!^ lity of parti- tion. GEN'ERAL RULES AND ORDEKS In case of ap- fjearance isRuc to be tried by SheriiTs fees. JuroM' fees. ^"Tiole fosts to be borne t yter.- •nt in Certain cases. nnd within the time or times as there stated into court, nnd admit- ting tlio demandant's title shew an inoquality in the partition, the court will award a new i)artition to be miide in prescncx- of all par- ties concerned (if they will appear) notwithsUnding the return and filing upon record of the former; and such second partition shall be good and firm for ever, against al! persons not labouring under any of the inabilities herein previously mcntionod. LTII.— The preceding rules are applicable to the case of a judgment given by default upon the neglect of the tenant to appear at the return of the wri*. Ih the event of his ajjpearing he may either confess the action, or plead that the dematidants do not hold together with him. In the first case a writ of pai tition, like that described in rule 60, with such slight alterations as may be necessary to adapt it to the present purpose, will issue to the sheriff immediately ; but the truth of the tenant's plea must be tried, within a convenient time, by tt jury J and if their verdict shall be against him upon that point, the demandant' will then be entitled to a writ of partition. LIV.— If the value of the property, of which the partition is desired, does not exceed £100 sterling, the price of the original writ will be lO'^. ; and where the value exceeds £100, the original writ must be paid for at the rate of 10s. for the first hundred, and 5s. for every other hundred pounds of the true value thereof. Thus, supposinf the value of the property to be £1000, the prict of the original writ will be £2 Ijs. Od. I' V. —Each of the juroi-s by whom the partition shall be made will be entitled to half a guinea ; and the fee of the sheriff, upon the execu lion of the writ of partition, will be the same as the price of the ori- ginal writ. LVI. — The whole of the costs will be borne by the tenant, if it shall appear to the court that the suit necessarily grew out of his •efusal to make partition upon equitable terms. R. A. TUCKER, J. W. MOLIXA', A. W. DESBAKUES. tl'ronuilgntcd 12th April, 182G.] NEW RULES OX THE PLEA SIDE OF THE SUniEME contT. [Promulgated in January Term, 4tli William 4, 183|.] I. — It iN ordered that 1st, 2d, 3rd, 4tli, 10th, 11th, lath, 13tlt, 0!d niloa re- Mlh, 15th, IGth, 17th, 18th, 2'2d, 20th, a'th, 29th, 30th, 31gt, ««'»d»'d. 32iid, 39th, 4()th and SOih rules of the supreme court, made on the 2nd January, 182G, and 12th January, HJ.JC, be rescinded, II. — And it is further ordered, that in cases, where no affidavit In proreeding* shall have been filed on which to ground an attachment or bailable ^^' «""""""» process, a copy of the sunmions and declaration thereto annexed. aiid"declarat;<.ii according to the forms set forth in the schedule of forms and direc. '° ^^ served, lions accomiMinyii.g these rules, shall be served personally upon the pl^d" Tn t J« defendant, with a notice thereon of the intent and meaning of such ''"•^'' '^^^*" "" service, according to the form also set forth in the saiil schedule ; an "'""'" alliJavit of m liich service shall be made by the person serving the same; and unless the defendant shall appear and plead thereto in two days after the return thereof, the plaintiff shall be at liberty to enter an appraitince for such defendant, and to sign judgment against him for want of a plea; provided the said writ, with an Proviso. affidavit of the service thereof, shall hove been returned and filed, together with the original declaration, on or before the day ue:^! after the return thereof. III. — And it is further ordered, that the copy of a declaration to Declaration to be filed on the return of the writ, setting forth as concisely as be filed at re- possible tlie plaintiff's cause of action, shall be annexed to the copy *"''' "^ '''"'■ of such writ so to be served upon the defendant as aforesaid ; which declaration, in common actions of assumpsit, may bo in the form set forth in the said schedule of forms and directions, as much brevity Porm of decla- bemg observed in all other declarations as shall be found consistent '■*ti"'»- with a perspicuous declaration of Uie plaintiffs case ; and that in all Particulars of actions arising ex contractu, where the jikintiff's demand shall con- demand in cer- 5i.t of an oj)en account, a copy thereof shall he attached to the decla- luaotTto^de! ration at the lime of filing flic same in the clerk's office. claration wlu u filed. .*>• •** ^i I fl, tu NEW RULES OX THE PLEA SIDE a'^rJT.Srn! '^- - ^"'^ '* " ^"^»'" o'J""''. »»'••»« «n oHRlnal writ, of rnj.!a, prMcribcd. «"' resj,ou(!o„d„m and of attacliment, sIkiII be in tlie form sol forth in the schedule before montioncaj -nd .n nil cases where th,. plaintiff «lmll have proceeded in the first instance by summons nn.l inch summons shall haxo beon disobrycd, and the plaintiff shall thereupon elect to sue out either r.n attachment or a cai)iaH ad respondendum, ,uch writ of attachment or capias shall Ic in the form also set forth in tlie said schedule of forms and dircc»:-is. Iruchment or ^^' " ^""^ '' '" ^'''^^'' ""'"■■"•'• '^"' '" «" ""'•'' comn^nc.-.l hv cai.ia.s,laWp process, the plaintiff shall be at liberty to file fiW T W **'' '^'"^'"'■''''"" '^'' ''''•'• ""'" "P"n the return of such proccNS, leaving «»/.. Jua^mci'it '^ ^'^Py tJ^crcof in the office for the defendant ; and that unless tlie •4,'IcS'""''"''' *^'^'"''"''*"^ ''"*" 1''="'^ t'"^''<^"> in f""r flnp after he shall have put in and perfected bail to the action, or shall have appeared to the allnch- nient, ae the case may be, the plaintiff shall be at liberty to sign judgment for want of a plea, leas. VI. — Ahd it is further ordered, that any 'efendant, in any action hereafter to be brouprht, may plead as many several matters thereto as ho shall think fit, where he would be entitled to do so by tht pracli' e of the court of Kind's Ik-nch in En-land. KppIiMtion or VTT Aiv>/.i. . r."' rejoinJcr. ^ ^'* ~ "'*■"'» »^ »" lurther ordered, that the plaintiff or defendant shall reply or rejoin within two clays from the filing of the last plcadi'ig, in nli subsequent stages of the cp-ise after pie;, filecl without any demand; and that in case of default, either party may •sign judgment against the ether, cither by default or oftwn.pros. fts the case may rctjulro. ^s?s t*o be en* ^■^^^' ~~ ^'"^'^ '^ *' ^''^^^'" crdercd. that so soon as the parties arc toreT °n*'tTo ''*'*''"''• tl' entering judgment thereon i ^ Sar.io where process has been issued Drawing summons to attend judge in chanbers, anil j serving the same { " For every attendance on summons before a judge in > f. chambers i ^ and party. party Fee with brief, in matters over £. 0, and under £25 Fee with brief, in matters over £2'"«, and under £50. . . . 1 Fee with brief, in matters over £50, and under £100. . . 2 And one guinea for every additional £100 claimed in the particulars of the plaintilTs demand ;• Entering final judgment and suing out execution 3 4 3 4 6 8 3 4 3 4 1 3 4 6 a G 8 6 8 1 6 8 3 4 6 8 10 6 1 2 V- 6 8 Provided that in all actions ".rising ex contractu, where the sum • Rescinded by Rule No. 26, fo»f— which sec as to costs in esses of tort. >*• 130 NEW RULES ON THE PLEA SIDE ' bona fiJe wnj^ht to bo rocovorp.l shall not excop* "^^^O- »f counsel iu I:arr:l:„„f'-^"^ '''*':'«''- -'-a. that --n actio„« of cJocU„onr. l.ro.i.lo.l t„r, »"< «» '^""e" not othon.iHe provi.kU for. the practice of this court ^Se °'2 E'„t '"',t -■"^' " '''"^ »f "'' Majesty's court of Kir.g'. Beucb i« lowed. •cngianu.f Fortn of suin- tnona. s SCHEDULE OF FORMS AND DIRECTIONS. n>i< of Su>fimon$. Newfoundland, ) To the Shariff of Newfoundland, Oroctinj^ :_ "NVc command that jou summon aforcsaiS.£/^c'? of itself it makes any modification ,*f the prtct ce of Zr'n "h ° 'l' " considered to be in force here is ,.,„ii ,. A • "^ '^^ •'^- •*" ''<"'■» pleadir.g and practice of thJ 2 ^ fw f ••• "-;'°"^,f '^/"t^, ooneerr.i,,, a, and c. 15, and 4 Anne, c! IC ■ ' ' '' ^ ^^ " ■*' <=• ^^' » O- ^' '^ w H Xewvocxdlaxd, OF THE SUPREME COUltT. Writ uf Attachment. AND, ] ». s. j by '.ho Grace of Qod, &c. To tlio Sheriff of Ncvrfouinlland, Greeting :— Kortn i.f ^ We command that voti nttarh lute t^^'iw"'- ■fi f.f in tiip Island of Newfoundland, "^ by bis land' and chattels, ji^nodt, debts, and effects, no that ho be IK fore our justices of our Supreme Court at 8"'-)t Juini'.'*, * "5 on the day of irt aniin-cr ^ A. B. of a plea of to the damage of the ^ sai'l A. B. of £ as it x*. saiil, enrl liave there then this writ. 'Witneds the Honourable Ilciiry John Boulton, our Chief Jiistic"; Saint John's, this "^ day of in th<^ year of our reign. S By the Court, ►H Clerk ouprcmo Court. Attorney for plaintiff. If a lummmis have Ix-on prcvi '» isiiird ami ilisoboypil, mid, after the wnnis "as it ia snid," "and to shew whcrel'orc he wa» niit liefnrc our Justices afoiesaid un (the return day of aummous) a« he wa»«uimuoiicd." 137 at- Writ of Cajtiat. Newfoundland, } s. H. j by tlic Grace of God, &c. To the Sheriff of Newfoundland, greeting : We comT-^'d you that you take A. B. of in the District of the Island aforesaid (addition), aiu' '-Jm safely keep, so that you have his body before o.ir Justices in our Supreme Court at St. John's, in the Island aforesaid, on (dny of week) the (day of month) next, then and there to answer C. D. in a plea of (or as the case may be), to tiie damage of the said C. 1). of pounds, us it is said. And have you then there this writ. Witness the Honourabb Henry John Boulton. our Chief Justice, at St. Jolni's aforesaid, the (teste day) in the year of our reign. Clerk Supreme Court. i:. F. Attorney for Plaintiff! If a summons hnvo been previoiisly issiied and disobeyed, after the voids " as it is said," add " aud to shew cause wherefore he was not before our Justices afotcspid on ui he was suuuuoued." Form of capiat. n no -5^ r — o 4* In the Supreme Couit. A. B., Plaintiff \ versus. C. ])., Defendant. ) The defendant is served with this process to the intent that he Vo.;ce of intent .T.ay Cither m person, or by his attorney, appear in the «ud supreme of wr.t. f *mJ 138 Affidavit service. NEW RULES OX THE PLEA SIDE court l.y filing «, appearance in t]>c office of the Chief Clerk of the- «aid court, inSt. Jofin's, at the return tl.ereof, beinffthe ,l,vof ppfinn »'",^"''in two days thcreu^er, in order to his defence in this f™'" "''>«■• ^'^''^.V'fPl'i'ntiff will beatliherty to enter an ap- V S. h ft'^^'^l'^'r^""*' and to si, -udsment agaiii.t him by default should no i)lea have been previously filed. A. B. PlaintifTs attorney. Form of an Affidavit of Senice. In the Supreme Court. A. B., Plaintiff, ". ersus C. D., Defendant ot E.F.of ^'ntf>e_ district of the island of Newfoundland maketh oath and saith, that he did, on the day of in- stant, i-ersonally serve C. I), the within named defendant, with a true copy of the Mithin writ, whereupon was endorsed a notice of the rue intent and meaning of such service ; and that he uecessa, ril V travelled mdes to make such service, bworn before me at | thirf day of 183 . ) t » Fortn of cppearance to a Summotis. In the Supreme Court. Newfoundland, I to wit : I Appearance. Appearance Tor C. D. at the suit of A. B. to a summons re- turnable before His Majesty's Justices at Saint John's, on [according to Kule of Court.] E. F. Attorney for Defendant. E. F. Attorney for Plaintiff. Count on a Promhsorij Note against the Maker, by the Payee or _ Indorsee, as the case may be. on tTomiTsorv ♦ ^' ^^ ^■^^^"'"'noned or attached to answer A. B. in a plea of notes ^ trespass on the case, upon promises, and thereupon the said A. B , by k.. b. his attorney, comnlains — For that whereas the defendant on the day of in the year of our Lord at St John s [or at some other place] in the island aforesaid made his promisso y note in writing and delivered the same to the plaintitf, and thereby promised to pay to the plaintiff £ L days ) I mon hs > '^^" ^^^ ^**^ thereof [or as the fact may be] OF THE SITREME COURT. iscJ to pay to the said A. B. or order £ after viiiich period has now elapsul, [or if the note be payable to A.H.] :uid then and there delivered the same to A. B. and thereby pro- ( days I Weeks V months I the date thereof [or as the fact may be] which period has now (lapsed, and the said A. l\. tlien and there indorsed the same to the ]ilaintiff, whereof the defendiint then and there had notice, and thfii and there in consideration of the premises promised to pay tlie amount of the said note to the pluintilf accoruing to the tenor and elfuct thereof. ilant or order £ Cwnt on a Promissory Note against Payee by an Imlorser. Whereas one C. 1). on the day of in the year of our Lord _ at Saint John's [or seme other place] made his I [uomissoiy note in writing, and thereby promised to pay the defen- days \ weeks | after the date thereof [or months ) as the fact may be] which period has now elapsed, and the defendant llipn and there indorsed the same to the plaintiff [or, and th" defendant then and there indorsed the same to X. Y. and the said X. Y. then and there indorsed the same to the plaintiff,] and the said C. 1). did not ])ay the amount tliereof although the same was ■there presented to him on the day when it became due, of all which the defendant then and there had due notice. 139 Coimt on a Proinisory Note against Indorser hy Lidorsec, Whereas one C. D. on nt St. John's, in the Island afore- p^.i •• said, made his promissory note in writing, and thereby promised to prmnhsorT ""^ ( ^'^'^'^ ) notes pay to X. Y. or order £ I weeks \ after the date thereof \ months ) [or as the fact may be] which period ha; lunv -Ippsprl, nnl then and iherc delivered the said note to the said X. Y., and tlie said X. Y. tlien and there indorsed t!ie same to the plaintiff, [or, and the de- iViuIant then and there indorsed the same to Q. \i., and the said (i- U. tlsen and there indorsed the same to the plaintiff,] and the said C. D. did not pay the amount thereof although the same was then presented to him ou the day when it became due, of all which ikfeudant tlien and there had due notice. Count on an Inland Sill of Exchange against the Acceptor by Drawee, being also Payee. Whereas the plaintiff on at St. John's, in the Isl.ind afore- On Bills of Ex- paid, made his bill of exchange in writing, and directed the same to cl;inge. the del'eudaut, and thereby required the defendant to pay to the I)laintiflr£ i welks after the ( 'M'M thereof, months J < ""'^ > lis NliW El'LES OX THE I'LEA SIDE JJiawtr, ttut beiiuj the Payee ^ order, £ J weoks i after the f "^"'^ ' fJ,o,««f -i • l \ montl., J I sight ) »'>«'<'°'i *'»''' Count on an lulauj BillofEjccKangc cjalnU the Acce,,U>. by indorsee. ^ ' Whereas one E. F. on nt tance thercuf. Count on an L,lan,l Lill r^fji^han^t ngaintt the Drawer by Pinjce, ott Kon-accejitaiice. AVhercas the defendant on at Sc. John's, [or ] n.ad« h..-! bill ol Mchan-0 m wntinff nnd dir.M.ed the same to J. K. and thereby required the said J. K. to pay to the plaintiff £ Sths \ "^^ '•'' I date } "'^™°f' '"d then and there delivered the same to the said nlaintiff, and the same wa. then and there presei.ted to the said J KT. for accej.tance, and said J. K. then ,' 1 «n J ,'jf 1 T ".'■■'''''' '^^ ''"'>'^' °^ ''^ ''^''<^^ '»»« defendant men and there had due notice. Count on anJnland Hill t^f Exvlutnge ngaintt Drawer by Indorteo on Non-acceptance. Wliereas the defendant on at St. John's, [or 1 made hm bdl of exoluu.ge in writinfr, and directed the same to J. k. and thereby required the said J. K. to pay to the order of the said defendant £ \ *eeks { after the [ ^/s'^M thereof. C months ) I ""'<' ) ,111(1 the said defendant then and there indorsed the name to the plaintiff [or, and the said defendant then and there indorsed the .^ame to L. M ana the said L. M. then and there indorsed the same t.) the iilaiiUiff,] and the same was then and there presented to the saiU J. K. for acceptance, and the said J. K. then and there refused to acceiit the same, of all which the defendant then and there had due notice. Count OH an Inland J! ill of Exchange against InJorur by InJortet on Xun -acccjitunce. And whereas one X. O. on at St. John's [or ] made his bill of exchaiifje in writinjr r.nd directed the same to P. Q. and thereby required the said P. Q. to pay to his order £ davs 1 ( • lit 1 weeks [ af^er the j ''«"' thereof, and the said N. O. months ) < "'"'- ' then and there indorsed the said bill to the defendant [or to R. S. and the said K, S. then and there indorsed the same to the defen- dant,] and the same was then and there presented to the sjiid P. U. tor acceptance and the said P. Q. then and there refused to accent the same, of all which the defendant then and there had due notice. Ciiunt on an InlunJ Bill nf Exchange againd Payee by Indorsee hi/ Non-accipfancc. Wicrcas one N. O. on at Saint John's [or ] made his I bill of exchange in writing and directed the same to P. Q. and 141 m\ sit ■/mfme « !« KEW EULES ON THE PLEA SIDE """'''■ "r"-' "zs'' ]'^"' ■»'• •» "■» "'"»' " <>«i« acTcpt.noe.anrt the said P. Q thL'^^m 1 S -1 r .f'" T.'"^ ^^ ^- ^"'\ «a„,e. of aU which the defend^nt^^^^^ '^^ jj «nS7;e,:" ^"•^^"■-/- ^-^--";« - iW-r/... ^.„,„ J,,„,,, ,^,,, , ,,,, ^^^ 'i/ IMymint cjrjnred. J jc u . , ^'''~^" ^*^^n'cj^alk after Dale. IT the declaration be a-ainst any nartv fo fJ,o i ni drawt-e or accentor and th,. I.MI i^ ^7, "^ ''"' except fl.cl «nd ,l.e action not b^u .1^^! ' ' n",^/' ''" '• "?-''.'''"'' "^'^'^ '!»" ■ fcarv to insert, as in dedamt ion, L ' '\^^V^r,;r words : v/wh ch urlT^ "''1'"'"''^'^ i'or payment, the f.,!- and that L refused to acce'^t th ' le oafchit'^.r '?'"'" I [nainiM- him] did not pay the said i 11 n.K Z, ^ '^"^ '''■""■^■'-' presented to llim on th^l^' X^ irt^^^t^;^'- ""'"' " " "'^•^^' I ^ltd—On mils pat^alle afier Siyht. •n the di/whenU became die ^''^' ''""^ ^^''^ I"'^^"'''^'^ ^^J'''^' II Z>ircct!on for Declaration on Silh or Kotet imyalJc at S! C. D, was summoned [or attached, as the case may be] to P-xswer A. U. of a plea, &c. [to the cad of declara- tion, and then on a new line.] ' And the said C. D. in his own proper person [or by E. V, his at- torney] comes and defends the wrong or injury, when HiC. and say i:c. [nothing or pleads.] ' When the parties are at issue, and have put themselves upon the Venire, country, say " therefore let a jury thereupon come before the i\w ^ »*** i (I- lU T.ntiy of con- tinuaace. FoiUd. NEW KULES ON THE PLEA SIDE tices af\iresaiil, at St. John's aforesaid, on &c., who neither, ,<; c. to recopiize, &c., I)ecause as well &c., the same day ii given to the parties aforuDaid ut the some place." If there ho an issue in law, and none in fact, enter continuances by cttria advitare vult. If the causo be not tried during the term to which the proceed- ings were last continaed, the next continuance may be in the fol- lowing form : Afterwards the process thereof is continued between the parties aforesaid by the jury being respited between tliem before the justice* aforesaid until the day of next, and tlie same day is given to the parties aforesaid at the same place. — If the jury come, and the trial be had, proceed as follows : At which day, before the justices aforesaid, at St John's aforc- fiaid, ronie the pai-ties aforesaid by their attorney aforesaid, and the juries being summoned also come, who to speak the truth of the premises being chosen, tried and sworn, say upon the'r oath, &c. I'licn state the verdict and enter judgment accordin{^ to the form* Tidd's appendix. , II. J. BOULTON, Chief Justice. E. B. BRENTON, Assint. Jiulye. E. M. AllCIIIBALD, Aisitt. JiuUje. in A new general rule for regulating the practice of the Central t'irctiit Court of Newfoundland, adopted and promulgated by the Chief Justice and the Assistant Judges in the January term of the Supreme Court, 4 William IV. ; It is ordered, that the rules, practice, and mode of proceeding in the Central Circuit Court of Newfoundland shall Ix; the same as are adopted and used in the Supreme Court of the said isluiul. II. J. BOULTON, VluffJuHticc. E. B. BKENTON. Assist. Jiuhjc. E.M. AllCIIIBALD, Assht. Jrulge. HEGUL.E GENEllALES. [Promulgated in July Term, 1834.] XIIL— It is ordered that the 5th, Gth, 7lh, 8th, Oth IJHh, 23iJ, 35th, 3Glh, 37th, 38th, 42d, OTth, 68th, 50lh, 60th, 61st, G2nd, G3rd, 64th, and 66th, rules of the supreme court, be rescinded. XIV. — It is ordered, that the sheriff shall not be compellable to execute any ci\il process at the rcquLsition of any party to a suit in this court, under circumstances requiring him to proceed by tlic OF THE Sri'KEMF COURT. Ub ft];,i!n r.oa. viik..- the party rcquiir','^ his senicc shall provide a. •;);.' :-.r.gc i>n hoard a safe vcfwel for himself or his officer ; but ii' the .liLiiii" shall ilrdiiie the execution of the piocesa tendered to lum, i;o nIiu'/I c"ecutc a vr.rrant under his hand and seal, aulhorisin.^ ut'i jrorcoii r.ri t!ie party thall nominate, to perforuj tlu- .'.crvlcu rif|i!ac J, such party giving security, to the satisfaction of ttiy shcriliV fdi- the duo performance of his duty, XV.— It is ordered, that the ftes set for'h in tho foUowiug tabic be talion for the several duties therein mentioned :— SIIEIUFF. On the Civil side of the Court. I'cr serving; crcry writ of Summons* £0 7 fi siiciiif '••. fccj, .N'cci'Sop.iy Travciiing, to serve any Process or Proceed- 1 ^ , ^j inj; — per mile j ^^ lor every /vircit 110 lor every return to un Attaclimcnti Bailable Process, j o 3 .j and'Writsof Executiont I I'or transmitting Process to the Under Sheriff or Bai- j 034 liffout of the Central district ) On Attachment, and levies under Writs of T^.tecution, \ where the property attached or seized shall not ex- f cced the value of £100— Five per Cent ; and Two I and a half per Cent for any additional sum ;t / r. tccuting every writ of Habere Facias Possessionem. .... 110 ('CO on every jury sworn i .Mtindance in striking special jury,' rcturning^and sum- 2 j ., j. moninj; the same j Service of Subpccna — each witness 010 Croicn Side. Drawing, summoning, and returning every grand jury. ... 220 Drawing, summoning, and reluming petit jury, hi j 3 ;j y obedience to the precept of the judges j JUAOIIS. Sp' cial jurors each 5 I'ctit jury 1 1 ^ WITNESSES. I'tr Diem, coming to, staying (after cause set down for ) 3 ^^ Uucssts trial) at, and returning from, court ) .\nd reasonable expenses, actually incurred, to be uuthen- > ticated by proper accounts and vouchers, shewing their payment. . . / ' For fees on .'crvite of iitl.ichment, icc UuU "7 ■ t Vol foe on hail b"nd and ca sn, occ Kulc It*. ; See Kule IjH, ■•.* '.0 c*r^*"*'* ''f k-cr»Us P'^-'f'-'.^ i'.U'.licd L L. *i» KEW Rl'LES ON THE TLEA SIDE V INCIDENTAL. To the clerk for every process, to pay for the expense of > printing and stationery in his office. • j OlO 11. J. BOULTON, Chir/ Justice. E. B. BRENTON, Ass!,l. Juilje. E. M. AIICIIIBALD, Aaiii. Judye. In force in Cir- '* " ordered, that the foregoing rules shall be observed aiiJ en- euit Couru. forced u well in the circuit courts as in the supreme court of this iKlwnd. H. J. BOULTON, Chief Justice. E. B. BR]?\TOX, Amst. Jud,je. E.M. ARCHIBALD, Aetist. Judge. REGULA GEXERALIS.' [Promulgated in November Term, 5th William 4.] XVI. — It is further ordered, that the commissioners appointed for taking affidavits in matters pending in the supreme and circuit courts, shall, for drawing every such affidavit, and administering an oath or oaths, to the person or pr-rsons making the same, be en- titled to the sum of five shillings sterling) — and for every oath administered by such commissioners, where the affidavit shall have been previously prepared, the sum of one shilling sterling. For every writ of mesne process prepared and issued by a com- missioner for that purpose appointed, such commissioner shall be entitled to receive the sum of five shillings sterling. For every witness examined dc bene esse by commissioners aj)- pointed for that purpose, there shall be paid to every commissioner, who shall have actually examined such witness, tne sum of five shillings sterling. n. J. BOULTON, Chief Justice. E. B. BRENTON, Assist. Judije, < C. LILLY, Assist. Judge. Cnnunlisioners feet. REGULA GENERALES. [Promulgated in December Term, 6lh William 4.] Coils in ease ^^^^' ~ ^^'^ '* '^ further ordered, that if any plaintifl' ncglccta of neglect tu to try his cause in the order in whici. it stands en the docket of lid"."" "* "* iisnen, he shall not be entitled to tax against the defendant any • Repealed by Rule 19 1 6p the supreme court. U1 costs which may accrue in the further progress of the cause ; and hat if the defendant be prepared to proeeed, he shall be entitled to leduct from the plaintiff's costs .axation, all disbursements which he may be put to, in cott. aence of the plaintiff's not proceeding. XVIIi.-— And it is further ordered, that the sheriff sf 11 be Sheriff's entitled to i»ouridaee on writs oicapian ad satisfaciendum as well as ."".f" •" bail bond. other executions, and also to a fee of five shillings upon every bail bond. XIX. — And ft Js further ordered, that 86' much 6f the ^5th rule rnrt of of this court as allows the clerk of the court a fee of one shilling, to V'"* *^^ "^* pay for the expense of printing and stationery in his office, be res- cinded. XX. — And it is further ordered, that the clerk be entitled to the Clerk's fees. following fees, viz. For every process signed and sealed by him (subpcenas ) fnod excepted) * For every writ of subpoena 010 fees and the^ Tor swearing the jury and entering the verdict 2 6 For entering and signing final judgment 026 For every rule of court 010 For every affidavit 1 For every search i 06 XXI. — And it is further ordered, that the foregoing rules shall extend to, and bo in full force in, the Circuit Courts of this Island. H. J. BOULTON, Chief Justice. A. W. DESBARRES, Assist. Judge. fi.-B. BRENTON, Assist. Judge. REGULiE GENERALES. [Promulgated December Term, 7 Wrllinm 4th, 183ff.] XXII. — It is ordered, that to all notices or pleas of set off, b particulars of bill of the particulars thereof shall be annexed. *«' off. XXIII. — It is further ordered, that in all actions arising ex Particulars trf contractu upon the common counts, no issue sball be entered for I"' attached to trial, until a bill of the particulars of the plaintiff's demand and of the defendant's bet off, if the latter has been furnished to the plaintiff, shall first have been annexed to .the roll. XXIV. — It is further ordered,'.that in all cases where damages Notice of as-' shall be assessed by a jury, where thcic shall be no issue in fact to sessments; i »*»* m NEW RULES OX 'ilTE n.r A SIDE PuticuUn. be trjctl, two days' noli-e ofnfisc-sMWinl sliall l,v -I. en In the (Kfc.T dant, one day inclusive nnd the other rv.lusivc, unA V.he particiLiis of demand and set off shall be annexed to tla roil ".» iu ths jwc- ceding rule. TuMdays and XXV. — It in furtl-.cr ordered, tliat t\iry TactAfj and Pricfcv Fnday. crowa during caeh term, shall be days llr :La t.::J oliauIcf.iuuU* auj other prosecutions at the suit of ths crown j Md tljat every Saiurcli!;- during term, shall be a day for Lcaria^ matters in equity, cm! special arguments. Srief fte». XXVI. — It is further ordered, tJial so much of the 1 lt!i r\\h ..; t'...« court as allows one guinea to Lo taxed as r, foe with brief W every £100 over the firit £100 claimed in the particulars of Uio plaintiff's demand, be rescinded ; nnd tijat " in r.U cr.-fs arlsliv; ex-contractu, where £100 and more sliall be recovered, as wcil r,3 ii; nil cases of tort, the clerk shall be at liberty to tax such sum, not exceeding five guineas, us he shall deem reasonable, subject to tlic revision of a Judge."* July fees in XXVII. — It is further ordered, that in nil cases of assessment of Under f5o'* f ^'""S*'*' ^^^'''e the sum claimed shall not exceed fifty pounds, tlic jury shall only be entitled to the sum of twelve shillings. Affi<1.ivits lo XXVIII. — It is further ordered, that in future, upon ever)- mo- postpoucuwb.tion for putting off a trial, on account of the absence of a material witness, the affidavit upon which such motion shall be founJcil, shall set forth in general terms the object for which the lostiraouy of such witness shall be required. C. C. Court. XXIX.— And it is further ordered that the forgoing rules shall extend to and be in force in the cenUal circuit court as well as iu the supreme court. II. y BOULTON, Chi,f Justice. E. B. BKKNTON, Aswt. J,uln.hnl if t!io pK.-niifi' shall h«vc neglected so to do Iw f( 10 tlic lint day of iIjp cnsuiiiff term or terras to which the Uiol sliall liavc bvcn postiwiicd ; and tliat if the plainUiT shall neglect to call on the tauso, llie defendant may do go u in case of a Uial by iroviso, he [ .-iiig the jury in case the philntiff shall not appear to Trial by pr<»- iirosccute his suit. ^""> *l»cn. XXXI.— It is further ordered, that 'nail cases not heretofore Dcm»nd ofplca I)rovIdcd for by t>e pcncral rules of tlus court, where a demand of *""• jilca is required by t'.ie practice of the King's Bcncii in England, the party plaiiiUff or defendant shall jilcad, reply, rejoin, &c. within four (hys after such demand, Ijotli days inclusive, unless otherwise or- ilcrod by the court or a judge in cliarabers. XXX U.— It is furtt-.r ordered, that a counsel fee of ten shillings Coimwl foe on and Mxpencc be tiixed between party and party, upon the aigument ,'fg*',';j*' '^S"' of :uiy special niaUor. ' ' ' XXXIIL— It Is further ordered, Hint the party appljin- for a Costsof.pcoial special Jot-, shall only be entitled to the costs of a common jury un- i^O'- \v,i l':e coiurt belbrc which the cause shall have been tried shall iillicrwi'-.corUcr. XXX.'V.— Tt is iurllinr crutred, that the foregoing rules sliall q ^ £,„,„, o::l(;nd to and be in full force in the central circuit court. it. J. BOL'LTON, Chl,f Justin: r. n. BREXTOX, Assist. Juilr,,: GEO. LILLY, Assiht. Jmhjf. JilXiUL.l^ GENERALES. frroniul.-rntcd December Tem, 1st Victoria, 1837.] XXXV. — It is ordered that a rule for a special jury may be had -\-^,ri, ^^p,.;„i n'! of course, upon filing a motion-paper w Ith the clerk within tvo rn '■'""■•■^ '"«;• c'?ys rftcr tl-o record slir.U have been entered for trial ;• and that in '"' "''''• rr.'c r. t-les rhr.Il be prayed in default of any of the jurors Cist sum- moned appearing:, they shall be struck by tlic parties in the same mnrncr as the first panel was struck, instead of being named by the i^lir-iiT, unless the parties shall consent to his naming them : Provided Talcs, how that the number to bo drawn from the sheriff's list shall be.-ir the same '"f"""'" proportion to the number of talesmen required that forty bear to * Tliis docs noi: preclude parties from moving for a special jiirv aftcr- W0^ 150 NEW RULES OX THE PLEA SIDE Charge for krrpinfi pos> M»ion of pro- perty •ttached. ProTiio. •ixtcen, fractions being regarded as whole numl)oni, and that racfc party, beginning with the plaintiff, shall strike off one or mort nanies until the list be reduced to the number required. XXXVT— It is further ordered, that the sheriff shall be cntitletl . to charge a sum, not exceeding five shillings per diem, to any per son he may employ to keep possession of goods seized under attach ment, until either party shall relieve him from that responsibility by giving security to hira that the same shall be forthcoming at the return of the writ, or when demanded by him : Provided always, that (.iioald he be enabled to remove the goods so seized to a place of safety, he shall bo entitled to charge the expcnce necessp'^'y incurred by such removal and storage, when the allowance afore- said shall be discontinued. XXXML — It is further ordered, that the sheriff shall be r entitled to a fee of two shilling? ami sixpence for serving each defendant with a copy of the attachment, and also to the like sum for serving each notice ef such attachment, at the request of the plaintiff, upon any person supposed to owe any money to such defendant, or to be possessed of any goods or effects, to his use exclusive of milage. (Circuit courts. XXXVIII. — It is further ordered, that the foregoing rules shall ejctend to and be in for»e in the circuit courts of this island. H. J. BOULTOX, ChU'f Justice. A. W. DESBARllES, Assist. Judge. E. B. BRENTOX, Assist. Jiulje. SherifTs fee on Sfrrice of copy •nd warrant of ' attacluncnt. [Rules No. 39, 40, a.id 41, promulgated in December Term, 1839, and June Term, 1842, in relation to fees of special jurors and .fsftempting certain persons from serving on juries, were disallowed] i of CENERAL RULES AND ORDERS ON THE EQUITY SIDE OF THE SUPREME COURT. [Promulgated in July Term, 5tli William IV., 1834.] I.— The process for compeilinff the attendance of defendants on P/ the equity side .shall be the same a* that used on the plea side of """""-'*• ilic court, with thiscxception,— that after the word " answer," in the body of each jirocess, instead of saying " to a plea of " the following be inserted, " To a bill of complaint exhi- bited against him, her, or them, in our said court by And to do further, o: d receive what our said court shall have con- sidered in that behalf." 11.— Every summons on the equity side of the court may be Service ofsura- scrved personally on the defendant or defendants, or may be left '""'"'• win, ,ome adult member of the family at the usual place of abode, of such defendant ov defendants ; And incase si";h defendant or defendant-s shalL neglect to enter an appeprance in ih" ofKce of tlie registrar of this court within four days after the same sliall be re- Ippca[a"ce at- turnable, and shall have been regularly filed with an aft ' of t*" '.imcnt or service in the said oflice, a writ of attachment or capias, at ' '" '** "^^''' tion of the plaintiff, may issue to enforce the appeal ance of » fendant or defendants as shall have made default in appearing be- fore the issuing of such writ of attacljment or capias. III. — 'Whenever any defendant or defendants having been per- -^y. . -j, sonally served with any such summons as aforesaid, shall have neg- be taken as lecled to appear thereto, and the sheriff shall have returned '.'^^■'^^r'"'^, "^lh^l o' " non-cst-mventus" to a writ of attachment or capias pearance, issued by reason cf such default, the plaintiff may have an order of course that su^h defendant or defendants do appear within ten days, or that the bill be taken as confessed, so far as relates to the defen- dant or defendants making default; tuch order to be pfExedonthe outside of tie door of the court-house during that period : And at the end of that time, if no appearance be then filed, the plaintiff may have an order to take the bill as confessed. for ap- •1» 'Ki r*> ■=! ^■»J _• -'*. Ti -TT-"' c ^ r -r -~ J'?=- ^ w '0 t 5" " Ui v,#»V ^r *-. £■ ^^ L m 1 f_-'^^ 1 :^ «= *" ■ l-»2 nilXKHAL RT-LES OX THE EQUITY SIDE Si '".lav™ /^'--^P"" "" appoaranro being filed l,y any dcfendanf, i|„ » . • -is'wcr tu r'-^nti'^" m-iy have an oi dor of course that s'lcli defendant or dcfcn- «•■«•"'■. dantp do p-t an answer in ten days after service of a copy of tlic bill and notice of the order, or that the bill be taken a. confessed: and that where a discovery is necessary, on filing an affidavi: thereof, the order may be varied so ah.'-!l ,io not s(r,(! nient for contempt 'n no<^^ answering, he shall i)ut hi hU answer atid pay the costs incurred by his contempt, instnntcr, or within sue!. time as the court, or judge, shall then appoint, or be cor.iniiitct; unta he complies; or the plaintiff may have an order that tlie bii! bo taken as confessed, and that the defendaui be coremitfcd uiiiu tiie costs are paid. ^^- ""~ '^y^en the defendant has appeared, he mhy have an or;l,. f,.„.%„. J'- ^^ '^°'^'"'° *''^* ^^^ plaintiff do deliver a c^^^y of the bill to hi'si rv copy".'.'.- ;-.;:nJ "^* solicitor within ten days, or that the suit he dl.jmisr.rd : Ar.C. i. ao^.-.,ys rdn Kuch copy be not delivered within ten days af:cr scrvi- of jioli rl^k.T.',,'!! uilv °^'^'^^' °^ ^'^^^^^ ^^'^^ further time as may be allowed for tlia' rui- ili-iiujMil. i-.ose, the defendant, on filing an aflidavit of tlio service u? kcb order, and that no copy of the bill has been Ecrvcd, u.iy l..-.\o .i decree dismissing the suit vith costs, for want of r.rosceutioii, so ib as relates to him. ■^.vorptio-;s to ^l^-" ^^ t'"^ plaintiff waives the necessity of the nniwor b.-n- :"^ ^<''>-. made on oath, it must be so stated in the bill, and wiicii the ansv.tr is put in witliout o; th, it may L. excepted to for scandal or im]-o:i:- nence, but no exception shal' be taken for insuflicicncy : -.Ml n-s- v'i'.':';'^"' .'" '""'^''^* oUegations in the bill which are not distinctly answered., u;n!! ,*:i.rurdt:Uucd' ^^ ^^^^^ ^° ^'^ admitted ; and if no replication be filed, the n-altc r- of defence set up in the defetjdant's answer, will, on the Iicavliig, b considered as admitted bj the plaintiff. VITI.-Whcn the dcfi-tvlTOt p^.■ads rrdcmi'v.to a Mil, iJio i.Iain. aft? - .jC'ai2S£r--i-®t or THE SrPHE^fE corsT. 1^3 ■l-'.ff shiill linvc fcur (''..n'-, to rrjilj or nincnrl lus bill, unless fuillirr T)«mvtrrcr -auJ t'liic lie j^raulo!', ; anil if he does not lake -s.-jue on his plea, or amend * ^^' iiis bill, w't'i'ii 'Jiat lime, citlicr j):u'!y may set down the plea or (Icmiirrc; .cr arguinnnt at the nctt or any subsequent sittiu^ of the coint. IX. — !f a plea or.'.emiirier be ovor-rv.lrd as frivrlous, or a jJoa T"' irrc;! j-'i:.; !i' , . , , • i. , , , . . .~ I'vornilcil as ■.ijo), isf-uc be (axon th;-r;-)n is f.niitd to I'o uiitnie, tlto plaintiff r.iny (.iv„ii;i,.;. liiivc r.n onlt-rto take tl;:- bill asi confostrl, or Lc ruay compel the ilcfeiubn't to ansTsertho bill, at his eleelion. X.- In i:il ot!i(\i' ca. L':-. if the pica or demuiTcr be overmled, no Tf othcnv!.-,,- ..thc 'oa or 'omurrer shall bo received, rnd the defendant •.;hall ";' •'"'■'.^'.'^^'^'i ;(!i.s\ lie bill and pay tlu! cost", of the hcnrinj; ■within c^^^.t day,^. :.rier Jiotice of the order . .■r-r'din.i the i-Iea or demurrer, or sucii other tim(! asmay be ; OKc-ribcd by the court in such order, — if he A'.ib; to put iii hi:; answer, and jiay the costs '■.ithln tiie time ])roscrIbed, llie bill or !;o r.i ;ch thereof as was covered by the plea or dem'.UTer, mry l..> 1;ihcr ; s coafcs: c;'., an;! the ;r,;.t;ev ther.-of docvced nc:;.'x;)I ration J'^''.'"","]'-'^'-'r pi'v.'hi.:'. tT.50, if no cscviilionr are taken and i!0 rvt'or for fe.rlher r.io I'.cen rtantcd, the answer r'lail be dc'-n^d KV!'"oi?nt,- '.•(i cri.'.sc Ilo.rrlnc^onbiU :l:in-wcr. rkl.c'.i'^i he m: y irunc ■'irtcly rfte;- r:sTverp'-:t i:i. down for a hearli!c;iij)0ii i;iii r.i'd ai-.-ViCr ; hrt if !;c r: '■,y/.'^ to tl i.r.rv.cr Tvv iiiMifilcicu y. the defendant nay viil.in ft dayR there- ri";;;' ■A\ . a vrittcn notice of iiis .submission lo ar.sv. rnv or Ciii o- > n.h c.\ci.';-.t;o!i.s, ai.d he shall be liable for the co.-sts rf huci' er.cev- ti"n5 vhi;:i he subnits lo anr-wer. XII. - - If r.vy evccptions are not submitted to, vithin the t'.ni' u^frcTire of juvsc'-ib;:;!, the plaiiitiii" at a-.iy time v.iiinn four '\.y < llievearter. i--'i;'<- -an. :;uiy iiave an order of ecuiTC to rcf«'r the exceptions not • ::bniitti;d 1", rr such o'" tlicin as he may think jiroper. XriT. — I'.vtry c::ce])ticn not submitted to, and T.l.ith is not T:.':<-q>i;<)tis ir'-iTcd v,!i!!iii the tin;a f:pec:fied, shall be connidered ar nbandnned, ^''''-'" fcnsiilo:-- aiuithe r.nnver, iiotiMth.staiidiii.fsuch cicepticns, rhall bo deemed ''' "''='"'^""'-'^- i;'iffiele!-.t. ^^''''- — "^Vlienover an answer or other jileadln;? or i>rocceUing is In \vl:at furtlicr rtfu-rtd for inivifiidcney, scandul, or inipertiiiencp, the exceptions cav.-scsccirtiou'* ^ M* Mm 154 GENERAL liULES OK THE EQUITY SIDE cdiaiXwd* ''"'" ''° '""'"''^'""^ abandoned, if the {miy oMainlng tl.c reference • shall not promre and tile the inastrr's report within ciglit days from the date of the order of reference, unless the master shall within that time vcrtify that a further time to be specilied in his certificate is necessary to enable him to make a ratisfactory rej)ort ; in which case the exceptions shall be considered as abandoned, if the report be not obtained within the further time so stated. Ifiistpr to fix XV. — If on a reference oj exceptions to an answer, or the rcfer- ti"°in"furrhcr ''"'^'^ °^* second an^veron the old exceptions, the master shall find answer. ^''^ answer insufficient, he shall fix tlie time for putting in a further answer, and specify the same in his report Master's report ^^^' ~ ^^ery l)arty shall have four days after receiving notice of to be excepted the filing of the master's report to except to the same, and if he does J*- not except within that time he shall not be permitted to do so after- wards without leave of the court ; and the same shall be regarded as absolute as against him, Answerwhento XVII.— Ifnone of the exceptions toan answer are submitted to hy »>c deemed suf- tlie defendant or allowed by the master, the answer shall be deemed sufficient from the time of the report thereon becoming absolute. Costs for scan- XVIII. — Upon matter being expunged for scandal or imperli- tir.'cnce "^^'"^' "^"'^'^' ^'^^ ^'^^'^'^^^ party shall jjay the costs of the e.\cei)tions i>nd the j)roceedings thereon, within four days after service of a copy of the master's allocator on him or his solicitor, rroceedings in XIX. — On exceptions to an answer for insufficiency, if all the case dcfeudint exceptions are submitted to by the defendani, or a part are sub- Uie exceptions. """^'^ ^° ^'"^ the rest are abandoned or disiillowed, en reference the plaintiff may have an order of course that the defendant put in a further answer within eiglit days after notice of the order and pay the costs of the exceptions, or that an attachment issue against the defendant, or that the bill be taken as confessed at the election of the plaintiff; a bill of the costs being furnished to the defendant four days before the expiration of the time fixed for putting in the fur- ther answer. Answer report- XX. — If on a reference of exceptions, or the reference of a ed iusufficicut. second answer upon the old exceptions, the answer is found insuffi- cient, and the master's rejjort has become absolute against the Proceedings *^^'''^"'^""'' ^''« plaintiff may have a similar f • 'er of course to put in thereon. a further answer and pay the costs within the time specified in th« master's report. ^^Ui reference lays from »11 wiiliin certificate in which lie report the rcfer- shall find . a further f notice of if he docs > so after- regarded ;ted to Ly J deemed ibsolute. imperti- ioiis pnd i copy of if all the are sub- ■eferente put in a and i)ay linst the m of the int four the fur- ce of a insufh- nst the ) put in 1 in the of to re- OF TIIE SUPREME COURT. 155 ^^^•~I^t''C plaintiff has amended his hill so as to require an Time for an- answer to the amendments as well as to the exceptions, the defen- ^"7^",? "'"*"■ dant shall have the same time to answer the amendmcnU and excej)lions to-,'ether, as he originally had to answer the bill. ^^^^- ~ ^f ^f»e defendant does not put in a further answer and i„ default of ]iay the costs Avithin the time prescril)ed, the i)!aintiff, on filing an further nnswcr afiidavit shewing such default, may have an order of course to take conWd^' §0' the bill as confessed, or for an attachment against the defendant. XXIII.— Tho argument of exceptions to a master's report on Ari?umenl exceptions shall be heard as a sjiecial motion j cither party may extci'ticwii. —If the plaintiff docs not reply lo Uic dLv'.ncUiiit's naswer wlJiia four days after it is dcenied to l;e sufEc'ent, he skdi be prcchuk.l .I'ui'!^'''" '^°'" '■•'J''^'"^' °"<^ ^•''^ '^""^^^ «'"^»1 «i^'- J ^^ I't"Vln^ on bill and a,:- Kwer, and either party jv,ay set it dov.-ii for h-anus ;,^ soon as it I.-: in readiness for heari^i.T :•.; .v.inst tlie otiicr dclc;ifJ:;nts. l'r<-rrc(1i!ij«i XXVII.— Wicre llic caus3 sl:u:ds for heari.i.-j on bill and it.wc- 'l';.'' „S"';;;j "gainst some of thc d.n.ulaKt., i;the plamtilf docs not i-so due dl- Uao (Iilij.cnce. ligence in proceedinn: e-.iiiist il-.e oti'.or?. ai-y of those wiio li..ve ])cr- fected their answer inry rr;i;>ly to n. r: ;..« the bill f^r \v;;;it of pvosf- cution; and cu such ^^p-Hralion, f.;rt;;ci- time nhali r.ct be iJlnwc: to the plaintiff uulers eritine be f:l\ew:i for tlio dcJnv. Ilearinjs.Four ^^"^ VIII.— Either pr.rly miy, wiien a tau,;e h ripe for !;';,'.:;:i-, days notice set it down for a di-y certain r.;ul jrivc notice tlierco; t > t!:o o'-,-- ). ;t • ciahnotlon?''" P^'"^^'- ^" ""^''=^' of hor.rln,^-, or of s;.ccl:.l n:n[l^m, or of i h J ..■;- Co • , • *®"^'"'" °*" Pt'titions, wjicn ref]v.;. o.l, sliall ha iour dnys ; and :<. c.w tions"c.^o''be o^^he petition, afiiuavit, or ccrti'lcato, on v.-i,ic!i any sV'ci.-.i ai::-!;- hcrvcd. cation is founded, shall be serve"occptl- -wcrs, and other proceedings and copies thereof, shall be faii-ly and ly^wriUcn. ''"" ! gibly written, and if not so written, the registrar shall not file .'lem : and in the entitling and .dorscment of papars by either parly, the plaintiff's name bhall be placed first in the margin of the brief statement. raOCEEDlXGS^lN THE JIASTEll'S OFFICE. XXXI. — "WTiere a matter is referred to n master to examine and Master to fix report thereon, on bringing the decree or order into his office, he f""^ "^ ^^^' ■Iiall assJgn the tinie and place for hearing the parties, and give °' tlio party bringing in such decree or order, a summons for the iilvcrcc party to attend at the time and place so appointed. The ummons sliall be served on the adverse party or his solicitor, such !imc previous to the day ajjpointed for heaiing, as the master may ilcem reasonable, and by a note on the summons shall direct : takiii"- into consideration the nature of the matters to be examined, and the resi mce of the parties; but the time of service, unless otherwise -j-.v,, ^x,^, „„, ordered by the court, oi a judge ift chambers, shall not be less than ticctobcvivcn. two days. XXXII. — If the party who is entitled to prosecute such decree In what raoc "r order of reference, docs not procure and serve such summons l"""'-''^'""' , withni eight days after the decree or order is entered j any other ^^l•fy or peis'^n inlertstcd in the matter of the rcferrnc, •^Ii-.ll bp nt % :, r ^ ^'i 158 GENERAL RULES OX THE EQUITY SIDE liberty to apply to the court or a judjc In chambers, to commit to him the prosecution of the decree or order before the master, and any party neglecting to attend, being duly summoned, may be proceeded against, ex parte, if the master shall think it expedient so to do; and lio proceeding hud before the master in the absence of parties duly summoned, shall be reviewed, except upon special application to him for that purpose by the party who is absent, when, if the master shall be satisfied that such party was not guilty of wilful delay or negligence, the same may be re-h*>ar(! upon pay- ment of all costs occasionca by his non-attendance ; such costs to Costs in iuch ^^ certified by the master at the time, and paid by the party or his case. solicitor, if lie were in fault, before such proceeding shall be re- viewed ; and every summons to attend before a master, shall be considered peremptory. Eicamtnation!! XXXIII. — The master shall be at liberty to examine any wit- beiorc the ncss or party, or any creditor or other person coming in to claim before him, citlier Upon written interrogatories, or viva voce, or in both modps, as the nature of the case may appear to him to require ; the examination or evidence being taken down at the time by the master, and preserved in order that the same may be used by the court, 'f ncccssaryi Excoptiotis to XXXIV. '— If ft party wishes to complain of nrty matter intro- proccedinijsbc- duccd into any state of fafcti, affidavit or other proceedinff before fore the master, , , j j, • . , , how Jo bu dealt "'° master, on the ground tint it is scandalous or im'])ertincnt, or *''''• that any examination df a party before him is insufficient, such party shall bo at liberty to file exceptions thereto, with the master ; and without any order of reference, he may take out an order fur the master to examine the matter upon such exceptions, and the master shall hate aiithbrity to expunge any such matter which he shall find to be scandalous or impertinent j and in deciding on the sufliciency or insufficiency of the examination of a parly, or of any answer to a bill, the master shall alfrajs lake into consideration the relevancy or materiality of the statement or question referred to in the exception ; on exccptioft to the master's report/ or his certificate of the sufficiency or insufficiency of an examination, the party shall be confined to the objections taken before the master. Manner of ac XXXV. — All parties accounting before a master, shall bring in connunR before fj^gir accounts in the form of debtor and creditor; and any of the the master. n.i.er parlies who shall not be eatisfied with the accounts so brought ;1 as ht ni ii !1 M hi Old ;he ii.'d •it! ;iid an- J :n 1 wl :!ici '.is lall oil Jlllc 10 Sii X •■iic t S*"^j mmit to iter, and may be client so sence of special 1 absent, 3t gnilty on pay- costs to y or his I be re- ihall be my wit- claim ;e, or in require j by the by the r intro- before lent, or It, such iiaster ; rder for ind the hich he on the of any ion the d toin •tificate [y shall ring in r of the irought OP THE srpHE^rE counT. 159 n, shall be at liberty to examine the accounting party upon oath, as the master may direct. XXXVI.— In all matlcrsrcferred toa master, he shall be at li- Srparafp re- htrty, upon the application of any party interested, to make a scpa- P"' ts by th« rate report or reports, from time to time, as he shall deem expedienti '"'""*'^* the costs of such separate reports to be in the discretion of the court; Slid where the master shall make a separate report of debts or Ic- Mcics, he shall be at liberty to make such certificate os he shall hink fit with respect to the state of the assets ; and any person shall Jicrcupon be at liberty to apply to the court, as he shall be ndvised. XXX^ II.— "When the master has prepared the draft of his re- Report* of port, he shall, in matters of importance (should he deem it ncces- master in cases ary) deliver copies thereof to such of the parties as apply for the hL'Tt'tUed!'*'"' vime, and shall assign a time and phice for the parties to bring in bjcclions and hear ai-guments thereon ; and the master shall settle fnd sign his report, and cause it to be lilud in the office of the regis- rar within four days after the argument on such objections is ^sed : If no objections are made to the draft, the master shall gn his report, and fde it in the proper office forthwith. XXXVIII.— After the report is filed, either party may have an Confirmalionof nidcrof course to confirm the same, unless cause to the contrary '<^P<"''s- Jiprcof 1)0 shewn in four days j and if no exceptions are served !i:d filed within that time, the order shall become absolute of course without notice or further order ; or either party may file exceptions, ;iid have an order of course to confirm the report, so fai as the :mie is not excepted to, and with the like cfl"ect. XXXIX. —No private agreement or consent between the parties Private acroc- 1 respect to the proceedings in a cause, shall bo alleged or su<'- y"^'"'""''^''"^- Mted by cither of them against the other, unless the evidence JwUing!"' "' lereof shall be in writing, subscribed by the party against whom ! is alleged or suggested, or by his solicitor or counsel. XL. — All rules to take effect Nisi, &c., unless othcr^-iso spc- RuIpsXisi to be tally directed, shall be four days ; and the time on all rules, orders, 1 rtnys unless iticcs, and proceeding^-, whero a time is given or stated, shall, '"'''''."■}"y '■'- I , . , ' rcetcd. unless otherwise expressly provided, be deemed and taken to be 10 day inclusive, and one day exclusive ; but if the time expire on Sunday, the whole of the succeeding day shall bo included. XLL — All billt-, answers, pleas, orders, decree^, reports, and Bills, picas, *c. Mv procecliiigs shall be drawn tip as shortly as mnv be roniis- '""* '" l>c ilr.iwn. It 'I i! 160 GENERAL TirLK;; ON TlfE Edmr SIT)^ lent M-ith a c!c?.r nr.;l p;r Tiiruous sti.tCiiic.t ol wisut U r.-.ce 'iRiy t^' bi- (ill'.-^cil lIifTcIn, i-c'pcclivi'ly, r.:»(l vlthout a-.iy suporHu-jus or unn'-c. ;'»;•}• iTciliil of nisUt>r vliic'i hv.'.h b'jen kc't i'.ir'.li in any foruur ple:uli>!;» in 11:3 cr.'i-r, and wliic'.i cjay be cunTeniciit])- i-c!Vir('il tuly ilatc', ov ()t!ii'rv.'i;.t'. l';>tonvliiis Xr,I{. — The court, or !i j".'.l;,'e in chanibci's, upo, sptcljil car.M- thai'. f;hp\vn, may cxtcntl I'.o tim^' for putting ii). cr scrviii;: ni'.y pk.uiini or cxicptiou:.!, or for r.ny otljcr prcci'C':l!n j; v.iiicli i^. iiqi-.tr, J l;y ti:/ rules of llic court to ho ilonu nl'Jiiii a il;iu:i.'!i tl:no ; aii J r.—.y s-.t .Setting nsido aside luiy order or tlcfrcc obt.iincd by ucllmlt, upon lueli Urins as t'uUr*. j,j.^j. ^^ (i^jpineti just uTid proper. lic-Iicarij;'. XLIII. — A ra-hcaiii!.;? may bo ap^il'-cil for at any fi.ne b.-forc tlic dccrro ii cnrolk'cl, if siichrc-hoariii'i- b;.- !;]'i>li(;J for dtirl.;,'< iho f-v.wi term i:i whicii tiie same Lath boon proiiouiitod, or wlUiiii ten ilayn tlierraftcr. f,pgjg XI -IV, — The followin:» fees may hv taxed on the equity sMc ot the court, between party and party :— SOLICIl'OK. Bolidtor. SVarrnnt and instructions to sue or dul'cnd. f* \'\ 4 Diiiwiufj evi'iy bill or answer 1 1 <' Copy for each ilffcndunlsirvrd <' 7 " ] )riiv.iii;t dointirrer or otlier plea .' 'i •'* Copy and service thereof on each defendant H i Kuniic out process " •» '| ( ';)py for Ciich defendant _. <> 1 t IiisUiictioiis for drawing interrogatories 3 -1 Uruwin;': interrogatories for the examination of every ne- ccr u y witness _. 6 I' Drawing allldavit of service, and attending to^owcar the same 1 - A brief statement of the bill, ansfrer,;plcadings and evi- dence, to the time of hearing 1 I •* Copies for the judges, each •• 7 " i^ee on common motions 10 << Fee with Ijrief on every special argument 1 1 " l'"cc with brief on final hearing of the cause, to be taxed by themastcr MAtsIUn. Master. Jivcry aUcadancc upou ac ordinary icfercncc 10 « ^tt( lor vc '.TC ':ix :ik 'ou .\ his Jit lis ii ter id In irat he toil '.fa mn >tc ,er '.ha «h; Lk fstj h\ toi fro sue HIP IX( Ml in 'if.ry tc^ j!)us or ill any jnlc'.iily 1 car.e I l;y ti:.' :";y s-.: Li'ius a^i fore tlio en iL'.y.s I (iMo ot > i:» 4 1 1 (1 1 < (1 » (> S > :i •i » o (1 ) 1 e ) 3 4 > * 6 (' [) 1 1! a t o J 3 1 fi I (I 1 7 10 II 1 1 '• 10 " 6 Master's fee* 1 8 1 1 2 (i G 8 1 OF THE SUrUEME COURT. IGl '.rpnrt tlirrron \;tcniliince rm rvcry special reference 1 ViiJ if occupied therein more than one day — a guinea each (lay [(•port thereon I !very summon* '.Tcty certificate of facts axin}? cosU aking every affidavit 'oundafje on sales, and for preparinj^ deeds, if necessary — three })er cent, on the first hundred pounds, and one per cent, on the residue of the purchase money. XI.V. — All persons to whom the probate of any will, orafimin- p^pp^fof, ^^^ tration of the estate of persons dying intestate, shall he granted by .idministratnr* lis court, shall within six months after the probate or letters of \" ^^^ >"*»•'"- ' • _ tury on oatli iJministration sha'l have issued, file in the office of the registrar of within six Is court a just and true inventory, upon the oath of some or otie "»"""" '• f them, of the whole real and personal estate and effects which (ere of the testator or intestate at the time of his or her decease, m\ which have come to the knowledge or hands of the executors or • Iministrators to be administered ; and such executors or c.dminis- irators sliall annually thereafter, so long as any part of the estate of ^^^\ annutUy he deceased remain unadministered and not accounted for to this tlieifalUT. tourt, file in the same office an inventory and account, under oath, if any other property or effects which have been since discovered or mmc to tlie hands of such executors or administrators to be admin- ivtcred, stating the balance due from or to him at the time of rcn- lering the last account, and the receipts and expenditures since hat time, in the form of debtor and creditor; and shall also state ivhy any goods, property, or effects, wliicli may have come to the knowledge of the executors or administrators as belonging to the i"«tate of the deceased, but which have not yet come to their hands, have not yet been gotten possession of and reduced into a due course of administration. XLVI. — No legacy shall be paid until an order has been obtained ». , , , ^o loRacy to from the court, or a judge in chambers, for that purpose, and until be paid without such inventory and account shall have been filed j and that when °'''''''' °^*^°"''*' miy legacy or legacies shall be left for any charitable purpose, the lital.le pur- ixccutor or executors shall not dispose of or pay over the same, P"^'''. report .•1 J. • • • , 1 , , . . , thereof to be until a report in writing has been made to this court of the manner filed. ;i which it shall be proposed to invest or otherwise appropriate the M 132 GENERAL HULES ON THE EQUITY SIDE •amc for tJie use of such charity, and the sanction of the coi;rl •hall have been obtained approving thereof, in order that the court may see that the intentions of the testator arc fulfilled. Cepy of rule XL VII. — The registrar, at the time of issuing the probate or to be annexed letters of administration, hhall annes tlicreto a printed copy of thi' to probate, *c. i w 1 and the foregoing rule, and shall furnish the executors or adminis trators with such forms of annual accounts and inver'ories to h: rendered by them, as shall, from time to time, have been sanctioneJ and approved of by the court ; and sIu.U also, on the first day o Eieeutors not *''*'^'*'^'^'"'"'I"^*^^^"^ '■° ''''" *^°"'^' * ''''■'""^"''^ *''"*'' executors and ad filing accniints mini.strators «'ho shall have neglected to file their inventories o: ^'" * ■ their accounts, according to the requisitions of the suid rule, to thi end that such order may be made for tht removal or prosecution d the delinquents, as may be just ; a copy of which schedule hhall lu aflixcd on the door of the court house during the term, for the in formation of all concerned. /«»•/>» of an inrentortf and accotint current, to he rendered htf exem tor* or aihninrs, wider the nth of the tupreme court, pm mvlijdted in Jnh/ Term, 5th fViUiam IF. In the Supreme Court ) ofXewfoundland. i In the matter of the executorship [or administration] of the estat of A. B. late of deceased. A jurt and true inventory of the goods, chattel', rights, credit lands, tenements and eflects, which wore of the said detea.-f utthe time of hij death, iuid which have con;e to the kiu-v ledge or hands of C. B., of >St. John's, and E. V. of tit same place, administrators of '.he estate of the said A. li to be administered. 183 . Vw. £ «. Cash in the hou^e nt the death of the said .\. B 4 10 One silver watch, valued at 3 8 One note of hand made by John Hell, for 28 J One hor^e, in the potsussinn of Joiin Dor, v, hich is un- derstood to be the property of the estate, although he refuses to j^ive him up Form of in ventoryandac- count. £ Cn. £ ..-. (/. To ])aid funeral expenres 2 9 To )>aid Dr. Ciir.' on his l)ill for medicid attt ndante 4 10 To paid Mr. Kow for juofcssloiial advice on the atfairs of the astute 2 2 l' In ma of aiK his of- rcc ha- thi tal til. in ex( hal CX( Fo Ko Ta 1 r.r Ta I Co I Er Fi! Af Kil Va the court the court rebate 01 py of th adminis ries to li (inctione ;t (luy ( I and ad ntories lie, to th ;cutlon ( e bhall li or the in- b>t ejrecti- uui-t, jirih the cstat , credits deteaM' he kliil'.V- F. oft iEJd A. li, £ «. <;, 4 10 3 8 28 d Ufl r .;. (/. 2 9 4 10 2 2 1' OF THE SUPREME COURT 16S Affifiavit trerificatioa thereof. Fom ofAJidaviL In the Supreme Court, > Newfoundland, ». s. J C. D. of Saint John's in the island of Newfoundland, maketh oath and »aith, that the above is a just and true inventory of the whole of the poods, chattels, rifjhts, credits, lands, tenements, and effects, which were of the said A. D. deceased, at the time of his death, and which have come to his hands to be administered, or of which he hath any knowledge, and a just and true account of the receipts and disbursements on account of the said estate, since he hath intermeddled therewith, (or if it be a second account, since this deponent rendered his last account current in this matter.) XLVIII. — It is ordered, that the fees set forth in the following Uegistrsri fce» table be taken by the clerk of this court for the several duties o*"- probatei k therein mentioned : that is to say, £"'*"*' In all cases where the value of the estate of any person deceased, in which application shall be made for administration, shall not exceed one hundred pounds, a per centage at the rate of two-and-a- half per cent in lieu of all fees. And if the value of the estate shall exceed "ne hundred pounds, the following fees, viz. : £ For taking proof of the will in the office Hegistering the will— every folio of 100 words Taking proof of will by dedimus protestatem, where necessary 1 Granting probate of letters of administration 1 Taking bonds from administrators and sureties — afii- (lavits, &c Copy of will to be anne-' i .0 probate or administrution, every folio Ertry and record of pr^,. ^te or administration Filing and entering inventory Affidavit of the same (t Filing and entering every annual return and affidavit. . . Kvery search E\ery form of inventory and affidavit • H. J. BOJLTON, Chief Justice. E. B. BllENTON, Assist. JiuUje. E. M. ARCHIBALD, Assist. Jud,je. if $. d. 10 H I 1 1 10 6 1 10 6 5 1 2 G 1 1 • The forfpoing rules on the equity side of the Supreme Court have iifver been ».y any exi'rcss rule declared to be in force in the Central t'lrcuit Court ; but they have nnlwithstanding, since the time of their promulgation, been always acted upon in the latter court, and now Ecvrrn the practice on the equity side of it. In all cases not provided for h.v the above rules, the practice of the English Court of Chancci y i» ttfcrrcd to as the rule of decision. r* 'I isri f!' ,1 NEW RULE ON THE EQUITY SIDE OF TH£ SUPREME COURT. [Promulgated AprU Term, 7th "William 4th, 1837.] Trustees of XLIX.— It is ordered, that all persons who may be appointed iateMo"fileac'*'"*^^*^'°^'^°''^'^**'' °^ P^"°"* declared insolvent, shall, within •ouatsonoath. *^"* months after the order appointing them to be such trustees shall have been issued, file in «he office of the clerk of the court in which the insolvency may have been declared, a just ard true inven- tory, upon th» oath of some or one of them, of the whole of the real and personal estate and effc ts which were of the insolvent at the time of his being so declared insolvent, and which have come to the knowleue or hands of u trustees; and such trustees shell, every three months thereafter, so long as any part of the estate of the insolvent shall remain out-standing and not realised, file, in the same office, an inventory and account, under oath, of any other property or effects which have since been discovered or come to the hands of the trustees, stating the balance in their hands at the time of rendering the last account, and the receipts and disbursement since that time, in the form of debtor ana creditor, and shall also state why any goods, property, or effects which may have come to the knowledge of the trustees, as belo iging to the estate of the in- solvent, but which have not come to heir liands, have not yet been collected or reduced into possessior . It is further ordered, that the foregoing rule sha'l extend to and be m full force in the circuit courts fc f" - central, northern, and southern districts. F. J. BOULTON, Chief Justice. E. B, BRENTOX, Assixt. Judge. GEOiiGE LILL\, Amd. Judye. This rule to extend to cir- •uit coiuts. ABSTRACT AND DIGEST OP Tiri; ACTS OF THE GENERAL ASSEMBLY OF NEWFOUNDLAND NOW IN FORCE; WITH A TABLE OF THE ACTS, DISALLOWED, BEPEALED, EXECUTED AND EXPIRED. % u ■t: 1 1 i •"■S^#M'^* — -■J-^^^.. it' AUSTRACT AND DICiE^V^ OF THE ACTS (iENKRAL ASSEMBLY. OF THE ACADEMY. TH Victoria, r. 3. — An. Act to prucldefor the rstnhhshmont of an Aradrmi/ at St. Johns — [29th April, isu.] Sec. l.~Tlie sum of £3!00(» granted for tlic erection and ostaldiihmpnt of an .\raden)y in St. John's, nnd for |)rovirof;ress of the institution. . 8. — Oovernor for the time beinp; to be >isitor of the Ac;:(!emy. «j. _'lVeasiirer to raise bv loan, for the jiurposcs ot the .\et, i,.>,»v)U on debentures, to be paid off in seven years from dale oi issue. 10. —Treasurer to issue debentures for sums of not k'ss than £100. D-'ientures assi«;nable by endorsement. 6ic. 11. — Suspendiiif; c'ause. Schedule. - Form of debenture. A( Ts OK J.KGisi.ATUKK, commencement ot. 4 W. 4, c. 21. An Act for ascrrtuinui;/ the time of the com- ' inencnnrnt of the Acts of th> Parliament of this colony.— [12111 .I.mc, is'lt] ., , „ , .1 1 1, „p Sec 1 —The Clerk of the Legislative Council sliall endorse on the back of every act the dav of the montn and year of the frovernors assent thcrt'to ; act to tdke efiect from that tiim , unless otherwise provided for therein. Assembly. — S^e House of Assembly. .ViTACiiMExr. — Sec Vict., c. 10, ante page 93. \TTOU.MKS. -See Acts U W. 4, c. G, \ W. 4, c. 'IZ, and a \ ict. cai.. 6. ante page 99—100. I r* $ 168 Ijaxkixc co:\rPAXiEs. I5.\NISinn:NT-Scc-l W. -l. c. 5, „„te page 81. -, , . • i^ANhlNU C'o.Ml-AMKS. ' "■''•' ^'•iv~;'^\:^'"' '^ i'i'-orporate sundry per so7js h,j the name of rhe. ]\v,rjouadh,nl Banhr^. f April -, is , n 1.- ncnrporates certain persons I,y the name of" The XexVf.mni'Uand .-^ank " -.-J lie (.ipiul stock to l,e ijM^m i„ specie. One half to be paid wi Kcc. nil ve,M'r ft'""' !'='?'"7.«V'''^.-''^t; ' '^^"'"1 ^^ ••^"«>^'il '"r nii-sconduct. orin,. t"i •''''"', """•?'-' °*' '"'>'»'-'"^ "*' in'^'^'lnK'nts; no bank bill or note to bo issued until £20,000 ,ictuallv paid up, IO.-Uovcriu,r to aj.point commissioners to count money in the vaults, to _ ascertain that £2.5,000 are actuallv jiaid in. '■~ mirr, I'Vw'"?"''''; '"^•'''''' ^" fA^ul^'tions, but assignment not valid 1 M ,,"'"^''^ '"' "'■■'>ts tluc the corporation are i)aid off. TTT ""''■'■ '^f "'l'ill^"^''-'x<-l.an.^e, promissory notes, gold and 1 J.-S.oc; holde., liable in their individual capacity to nn amount equal oo _T5, ' '-'tlr'^'T f^ ^"';^ H^' "'"" ' J"'"' ^''•"•'^ nevertheless liaole. n,l' , ' ■'• ^^■^- ^° ^"■^'''■'^ l'">'""'' »° ^'-' "'^J« «■'•"'» the joint luiKlsoi tlie corjioration. "' Ill.-Debts not to exceed twice the amount of capital paid in, directors. .mderwhom excess may beoccasioned, liublelor the same iuu 'uuUv , . '■'■'■'"'■^ to make half vearly dividends. • .u'"!!",'/'^'* '" ^'^ ''"''ject to the inspection of directors. -•1.— fjii.i or notes to be signed by president and cashier. J BANKING COMPANIES. 1(55) Sec. 2j. — Corporation to pay to hoiiufule holder original amount of any counter- leitod or altered note. 20. — No action to be had on any bank bill until after presentment ut the bank. -7. — Hank to be kejit in t^t. John's. 28.— Stattnientol'affiiirsto be laid before stockh-Mcrs at annual general nieetin<^; particulars of statement. 29. — Joint committee of Legislative Council and j\,.sembly to have access to b(H)ks and vaults. 30. — Twelve stockhoiders of 200 shares may at any time call a general meet- inj; ; directors, or any four of them,"to have the like j)o\ver. ^1- — On dissolution of corporation, directors to close tho concerns; stock- holders liable for two years after dissolution for bills issued and not I)ai(l, according to section I'J. '■i'l. — Cashier to make half yearly returns of the state of the bank to tho Colonial Secretary '.s ollice. ]veturn of shareholders to be made when ie(iuired ; secretary to lay the same before the Legislature. S3. — iJelincjueiit sheet to be furnished to the directors on discount days ; no delinquent director to sit at the board. 34. — Directors eontinning delinquent for thirty cotisecutivo .ays, dis- qualified — See sec. 14. '•^o. — Shares in the stock deemed persflnal estate. 30. — Shares liable to seizure on attachment or execution bv service of process on cashier, who may lie examined as in other cases ; ou sales by sheriff he may execute assignment. 37. — Cajiital stock may be increased to £100,000. 3H. — Additional shares to be sold at public auction. \i\). — Additional shares so sold, together with jjremium, to be paid into bank. 40. — Directors, upon default, to sell and dispose of such shares. 41. —Advertisements required by this Act to be inserted in llui/al Gazette. 42. — The act to be a ])nblic act. 4j. — To be in force until June 1st., 1800. 8 Vict., Cap. 10. — An Act to nmnul an Act passed in the last session of the Lcji^aturc, entitled " An Act to incorporate sundry persons bij the name oj the Ncicfoundland Bank" [•J;ira April, 1815.] Preamble recites tiuit Ilor Majesty's pleasure on the act, not being si'^nificd, directors had not called on shareholders to jmy up th- £2.5,000. Sec. L — Time for payment of the £2J,000 extended to one year from the passing of this act, and of residue to five years from the same time ; stockholders desirous of withdiawing, may do bo c: , .lyment of their jiroportion of charges and liabilities.* Bank fop. Savincjs. — See Savings Hank. llAKiiisxiiKs. —See Acts 3 W. 4, c. G, 4 W. 4, c. 23, and " v:-f, c. 5, in cxtenso— ante page 09 — Wo. Bastard Chii-DREn, maintenan. of. 4. "W. 4. c. 7. — An Act to procidejor tho viaintcnanco of Bastard Children. [12th June, 1S3J.] Sec .1. — A justice of peace upon the examination upon oatJi of any woman delivered • Under these acts directors were elected and a (onsidcrable portion of the stock subscribed, but the company has never gone intu operation. i n i^ If ITO BASTAIMXS. BIJ.I.s. IJOOKS. or„l..u, to l,...!,.i;vno person d! I'xd by ^uc•h v.m.an us the /allKr ofsud. Ihild, wI,o shall Imv" S- my f..r Us n.amtenancx. aud fo.- Lis appenran.-o at tl.o next „uarter »es*,on., .nd nnt.l tue w.nnan l,e delivered, or in Uofault to iJ com Jo.e aehxen, or appear not to have l-.eu with child at the time of the ^ ^ ^ .- Iwojustiees may make order for the maintenance of basfarti child bv inoll,er or reputed father, or pay to the ma.^istrates of the district i20 sterhnK, for that purpose. In default thereof faMier or mother o ue comnnticd to jjaol or house of correction for six months-unlesn l.e or she give security to perform the order, or to npi)er.r nt the next quarter sessions, and aijide the or.ler of the justice^ H-V, omen makmg false char-es m..y be sent to the gaol or house of cor- rection not exceeding six nionth<. 4. - Any ],erson thinking himself wrongfully charged, or it .he woman chnr- png be a person of ill fame or a common whore, on givinc securilv may .ppeal to the next sessions, uheu the whole cause shall be tried and deternuned bv njurv. Belle Ism;. — See limad Core. ' I*"-J-« "I" KxciiANcr. damages on. 4 \V. 4, c.\o.— AnActforasr,'rtnlnincifv the true name, addition, description, and jilace of abode of nil and everv jierson and persons intended to be the printer and jmblisher, or jiriiiters and publishers, of the newspaper or other najar, and of the proprietors of the sauie, and all tl:e j)roprietors of the printing press and types generally used in the jirinting thereof, the title of the paper, and the true description ot tlie house or building where jirinted. 3. — Similar affidavits to be made as often as the place of publication, printer or jiroprietary of such .lewspajier shall be changed. 4. — buch affidavit to be made in writing bv ilie printer, publisher, or c w. M#< BOOKS. BROAD COVK. CARBON r ATI. 171 th propjl.'ior, and to be signed by the person making t'lie same before a stipendiary niajjistrale. '*• — rursons wilfully inserting iu affidavits other thaa tlie facts, or uilfully omitfincto insert therein all the necessary facts, to bu deemed guilly of wilfiil and corrupt perjury, and liable to the penalties thereof. ^' — Such affidavits to be kept and filed in such manner as tiie Secrelary or noting Secretary shall direct, and certified copies thereof to be evidence in any civil or criminal proceedings touching such newspajjcr against the partie* signing and making, and iigainst any projirietor therein named, until the contrary l)e proved: provided,' tiiat parties ceasinjj to be printers, proprietors, and publishers, and ])lacing in the Secre- taiy's office an affidavit to that effect, before the jjublication of the jiaper touching which proceedings may !•-. taken, shall not be affecti'd by such first-mentioned affidavit ; and provided that such first-men- tioned affidavit shall be evidence only against the jiarties making it. and rot against others, unless a copy "thereof shall liave been served on them or left at their houses before the publication of the objeo- tionable matter. 7. r— Newspapers to set forth the names of the several printers, imbllshers, and proprietors, under penalty of £jO. **• — After affidavits of the nature hereiji required shall have been put in evidence, and proof of the itientity of tiio newsjjaper, it shall be unnecessary to prove purchase thereof at shop, &c., or from servant of defendant. 9. — Secretary or acting Secretary to furnish certified copies of such affi- davits when required as evidence. 10. — Every prnter to deliver to Secretary, or officer appointed by him, a copy of his newspaper signed, with the name of such printer, within six da} s after publication thereof; jiapers so lodged to be paid for by Secretary , penalty for neglect to lodge sucli papers, £50 ; papers so lodged to be produced by Secretary, &c., when lequired, witliin two years from the publication thereof, and on security being given for returning the same. !'• — All books and papers to have the nanv"? and residences of tho printers and nublishers distinctly printed and set forth therein upon the first and last leaves thereof, under penalty of £110 ; not to extend to any papers, &c. printed by guvernmetit or the legislature, or by any clergyman, and containing only religious instruction. 12. — Fines and penalties to be recovered, in name of .\ttorney or Solicitor- general, in any court of record, and applied to public purjmaes of colony. 13. — Suspending clause. Rro\u Cove — 4 W. 4., c. G. — An Act to aimer Broad Core, and other plac/fs therein mentioned, to the District of Ht. John's. — [Ist August, 1833.] To remove doubts, the settlements of Broad Cove and Petty Harbour, and Islands of Great' and Little Belle Isle, and Kelly's Island, annexed to the district of St. John's. CARBONEAR, keeping of gunpowder therein. 4 W. 4, c. 4. — .4/1 Act to prevent dangerous quantities of gun- II 1 Skc. 6. W. 4, '^''"TcVaT^t"! 2.'''°'° '"'''''' '*'''' reference to St. John's by th« ' -Town of dybonear, for the purposes of this act, to extend frmn Crockers Cove I'o.nt to Mu.squito Point, including aUbuId^T" V thin one half mile of high watermark on the North and A\W Carhoxeap, streets of. c. U. — ^« ^c^ ^ »ry/./ff^e the streets 'of the toxcn of « , Carboncar. — [sth May. i845.] "^ "^ Sec. 1. - Main street of Carbonear to be fifty feet vide, from the water side line • the said nmin street to extend from J. liukinRham's, on the somh sde, round helondat the western end of harbour, and thence to tVetrt^b'e^^nS- ""' building erected before' the ^ o? 3. — Commissioners, upon the removal of b uiidings, by fire, or otherwise to enter upon ground and layout cross street and fire breaks to a, praise value of ground so taken, which shall be paid Lr I v a' ra^e o teKV"? I'^n'"-'^' f'^"'-^'"^ ^° '^''''' interests, si uafe betwec>n Ifarbor Kock Hill, on the east; the western end of Uie nond on tl,P 4 IfTr vM '^■''*'r^^ ""'■"' «"'l "°"h-west from high wat^mark w 1th ?ol '"%"-' r'f^f '■'■'"">' P^°l'"«»°r'^ lot is dimSed iu rnn.l,. hv ^ """" '1? "J' '''''^^ ^^'''''^''- Compensation may be made bv appropriating adjoining ground at the discretion of tie commissioners for the ground t.ken for wiclening the t eets if le ame can be done at a less expense to the proprietors genera iV ^ .|, Carhoxear, Fire Companies. ■^" ''J''';j^'-^'''fff'>^^^fMishandrrguu^^^ Companies vithe tomi 0/ Carhmear. - [oe.h April. i84 1 .] ^ ^ panies''ac1s 3^W T':" 4- '' "Z."^'-^;"*:'^*^ Ha.bor Grace Fire Com- of loca%!' ' ' '^ '^ • ^' '• ^' """^"'- f°^ 'lift"^'''^"^'-- This act was suspended for a year by the 6 Vic. c. 21, and I believe CnATTELs REAL-See act 4 W. 4, c. IH, ante page 124. j^ -r r t-'ou Fishery. o VICT., CAP 7. -Ah Act for the encouragement of the Hank -^'*/'«7--- [23d April, 18151 "^ S il s n 1 S »,, f '"'■ f"' '''' Po^ccution of the bank cod-fishery. Tion n t ,n . '■"■^'''^ 1""""'y "^^ «'^h ^or the season in propor- o -IWnt^o^ . "^ •',"" '''""'•'■ '"'■ ""y one vessel to exceed £200 ^ 5" A. ? ?-^' 1'?''',°° 1"'°"' *° t'^<= satisfaction of governor and council '■ - 1"r r EJ^^f ^''^- ^-^' -'^ ^° »'- -^ of the S=i of oj CODFISH. COLOMAL BUILDING. 173 CoDFlsir, Cullagc of. 9 Vict., c. Z. — An Act to regulate the Callage of Fish in this Cohmj. [2Sth April, IS 16.] Declares it to be unlawful for persons to cull cod-fish, without beinj* sworn before a stipendiaryjusticeof the peace: provide^ that buyers and sellers may employ unsworn cullers, if they so agree. Colonial Uiilim.so. G WiLLi.\M 4, c. U.—An Act to authorise the erection of a colonial house in the town of St. John's, and the raisitig by loan a sum of moneijfvr that jmrposc. — [6th M,-.y, i83r,"] hcc. 1. — Oovernor to appoint nine commissioners to superintend the erection of a colonial house and public market house ; the cost not to exceed £ 1 0,000 ; vacancies by death, resignation and departure from the colony to bo filled up by the {,'overnor. 2. — Commissioners authorized to settle claims to the ground appropriated for the purposes of this act; to be referred to two arbitrators ; one to be chosen by the commissioners and one by the claimant ; in case of dispfireement, governor to appoint umpire, whose award shall be conclusive; claimants to give notice within six months after passine of act. * " 3. — Commissioners may take such adjoining land as may be necessary on giving SIX months' notice to parties interested— to compensate 'hem out of monies granted for the purpose- of this act ; price to be ascer- tained by arbitrators, or by the verdin ,,i'a jury. 4. — Oovernor to appoint three persons i, receive a grant of the ground assigned for the purposes of this act, in trust for the purposes of such erection. ' a. — Commissioners to advertize for plans and npccifioations of th j intended building, and award compensation to tlio pc-rson whose plan shall bu adopted, £jO ; and the two next best £.J0 and £L>0 rcsppctivelv, 6. — lo advertize for tenders for the erection of the said building, and to enter into contracts for the work to be performed. 7. — Commissioners to appoint superintendaiit or inspector, who shall be sworn, and shall receive four per cent, on the amount exjiended about the said building ; no commissioner, nor the superintendant, to be in any w;ay interested in the contr.ict, under a penalty of £ 1 ,000. 8. — Commissioners authorised to raise bv loan a sum not exccedln" £Io,000 ; to be repaid out of funds of the colony, with interest at six per cent, per annum. 9. — Treasurer to issue debentures for sums not less than £.:0, to be coun- tersigned by Colonial Secretarv, and to be transferable. 10. — Interest to be paid half-yearly 'on the lust days of June and December. at Ireasurers ofiice. 11. —Debentures to be repaid out of public monies and surplus rents beyond sutncient to pay interest. 7 Vict., 3. 8. — An Act to amend an act passed in the Gfh gear of the reign of His lata Majrsfg, entitled " An act to autho- rize the^ erection of a Colonial House in the town of St. John's" and the raising hg loan a sum of money for that purpose.— [I2th April, 1811.1 % '.^X *■ till i '^^'' ■mi^ 174 COLONIAL BUILDING. CROWN LANDS. Sec. l.-Monie. borrowed l.y commissioner, undor provisions of former net mar berc,,a.d u, ten years, if then required, or afterwards oaTxionTh? ^' ~ ^Zv''h'7r" ^'"l""""'''? \« r>rocnTe further plans, and choose such m they shall approve, notwithstanding former aet. 9 V icT., c. G. - An Act to authorise the ramng by loan a further sumof money for the erection of a Colonial Building in At. Johns, and for other purposes.— [28th April 1846 1 Preamble ree.tes pnHs.ng of aets W. 4, c il4, fnd 7 Vic.'c. 8. uSd 'expadLncy of raismj? further sum of money. ' u«ui,;r oj Sec. l.-Commissioners under first m"entioned aet empowered to raise further sum.notexcced.n,:,^ £7,000. to be raised a'nd appropriated in like manner as by said acts, **^ '^ 2. -Governor and Council may select a more suitable site than Church-hill provided no additional expenditure be incurred bevond that of pre paring sue at Chureh-h.ll; Commissioners nevert-heless to proS rnvT.,.m,.- tI^ rea.oiKible despatch in erection of market house. ' CoXTAGIOCs Diseases— See Quarantine Criminai. LAW-See acu 4 W. 4, c. o, and 1 Vict. c. 4, ante pages 81, 84. ^ ^r . Croavn Lands. i \ ICT., cl.-j Ah Act to ma/ie provision f>r the disposal and sale of mjgranted and unoccupied Crown Lands within the Island of ^eufoundland and its dependencies, and for 0f/j(r7;wyjr«ps.—[0<,th April, 1844] "^ S.a:^i::f'' '"^ -^^--^^^om subjects, denizens or nntu- No unpnted or unoccupied Crown Lands to be disposed of otherwise than by sale, and on payment of purchase price, dranls in fee 3e :^::^ns :^Si?"^°'^'^ '-''''' '" '•^ ''^^' tothe^^d:;.^: ■ s Such lands to be sold by public auction ; upset price to be fixed by the Oo'.einor ; ine minimum .ate to be two shillings peracre ^ S.les by auction to be at the oiiice of the Surveyor General in St John s, or of the dejiuty surveyor in the district where the hinds lie" Hfler reasonable notice m the (yaz.ife, and also in the princiuanocv t.oiis of the di^tnct where the lands are situate. Notice to et forTh -LamNolfercd at public sale more than once without a bid, mav be sold by the Governor at private sale at last upset price ^ 1 he Governor may reserve and ajipropriate such portions of Imd as wuh the advice of the Council 'h'e nlaydeem exjed „t for cr c „. cour houses, market places, churches, chaoeis, or other S of public wonship. school houses, or for any other public use or S pose; also pouions of unappropriated Chips' ro^s. benche 'Tnd Set. 1. 2.- 3. — ! 4. «. - fi. CROWN LANDS. 175 8.- 9.- la. 11 12. 13. u. 15. 16. IT. IS. — Bo!» for fuel and iranure, and portions of forest necessary for the us?$ of the !ish( ry, t;i be reserved in like nianiHr. - Grtnts of Ciown Lands iray be issued to officers of the army and navv under rcBulntions to be' jiroscribed by her Majesty, aiij signiiu-d through the Secretary of .State for the colonics. — Governor and Council to order surveys of snleable lands, and defray charges of same and plans thereof out of monies voted for the nurpose. Surveys, plans, &e. to be deposited in Surveyor General's oihcr, and to be open to public inspection — public notice thereof being given by the Surveyor General. — Persons desiring grants to petition the Governor in manner to he ap- pointed by him w ith advice of the Council. Surveyor General to enttr particulars of jietition in re?;ular order in a book for the purpose to bo open to public inspection. Such petitions to be laid before the Go- vernor without delay. — Surveyor General to supjdy applicants with printed forms of j)«'titlons. — Persons intruding on crown lands since 1st January, 1840, and before the passing of this act, on petition and payment of same upset pric« a* for other like h.nd, sliail obtain a grant in fee simplj of the whole, oc Rucli portion as the froxeruor may deem just and expedient. If such persons do not petition within twelve months, or having petitioned, do not comply with terms, then on twelve months notice to them from Sur- veyor General or d( jjuty Surveyor, such land to bo deemed unoccupied and sold accordingly : jirovided; that in pai-ticular cases, wiiere any sucli persons shall have made considerable and meritorious improvptiients, the governor may issue grant at lower rate than ui)sct piiee, or a free grant according to circumstances and meilts of tlie case. — Persons who previous to 1st January, lfi4(>, bv themselves or tenants, and .since then until the passing of 'the a , have been in tlie Lniii Jiil: occupation of ungranted land, and niadeimprovenients thereon, and who shall, within_ four years from the passing of the act, apply for a Kurvey, are confirmed in possession, and shall receive a grant o:» payment of the cliaige mentioned in t'le IGth section; no party tu rece.ye more than 20 arres unless hrougiit into a state of eidtivati'on j nothing herein to aff'ct the interests of jjiirties disputing the right of possession ; and provided, that unless within eight years from passin.:^ of act, jiarties apply for and take up such grant, the crown may resume the land on giviijg twelve months' notice of intention to do so. — Copies of this act and regidations to be deposited in offices of Surve^ or General and deputy Surveyors, r.nd to be open to ])uhlic inspection". — Parties to whom grants may he issued under the terms of the 13th and 14th sections, to pay five shillings fu- v.uy grant of land under five- acres, and for grants exceeding five acres, one shilling per acre. — Surveyor General to furiiish the governoi-. on t!ie l.-t day of October yearly, to be laid before the Assembly, a detailed return of lands sohl or granted, with particulars cf da'es. names, sums, ;'!;d expenses. — Salary of Surveyor General to be jf.jOO per annum, in lieu of all fees ; chainman allowed £10 per annn-n in iien of leys : ami f.jO per annum to be paid to the Colonial Scrretary in lieu oi ail Ices m grants; the naid suras to be paid out of the general revenues hv warrant in usuid form. S », i B ^-j^|^:^g^^ -;_^M^^ t ITG CllOWN LANDS. EDUCATIOX, room* lo he the [21. paid over l.y the n-ccvfr (-Inlucfinff five j-tT oti.t for collcetiou) to Oft ;.„'"!'' •'•'•"'""■••r for peocnil piirpos,., of the roloiiv. charj;cal. c on crown ,uuls, nvrm.es. \c. : - Ilepairn of povcrnnRnt. .ouse nnd ofhccs sul.jrct to .lirectirm of commiftro of tWo^mrmWs of Ic-K.shtivc council, nml two member, of A' semblv. aiipointcl annually • pnnnn. „„,.„nerv. fuel, ami light for SnrvejorC^cne Jal'. offiee ^I t' inlemlanf of colomal bu.ld.np, £00; Mr.. Westcotfs pension, i'jo. - ^ o lot ofl„„,l „J,rall„r s„h' to exree.l 1 00 ncrcs ; and ivery rrnnt to 1.0 conditioned for cultivation within five vcars of five per -en of whole land contained in such Rrant.J-KepJaled. 8 ^ ICT., f. iy—An Art to amend an Art passrd in the ^rrrnth ''''^V//l'?'''''i "f "''n>><'>^rnt M,ucsty Qaren Victoria, vntUlcd An Act to niahe procmon for the disposal and sale of vn,f ranted and vnucvupied Cro>rn Lands icillun. the Island of ^nrfoundland and its dependencies, and for other jmrposesr—imAvnllHiryA Sec. l.-Kepeals so much of the 21st section of said act as requires .-rnnt. to bo l7nuT '"''"■'"'°" °f «« 1'" '*-'»t. of Whole amount of land 2. - No grant to bo forfeited, defeated, or avoided by any dauso. condition me.riwM,In""" T'T^ ''";'"' clearin.,'cul,rvation.,;rimpn.ve: g4"u\o.iveyed. " ' ""^ P°'''°" "*' '^' ^^^'^ ''> •*"^'' DEDTOKS. absent or absconding.— .^r,',. Attaclnuoit iMitATioN OK Ass,.:M,.,.ii.;s._6Ve Home of Assi'mbl;,. Dixies.— 6te ii'cmiMc. "' 6 Vict, Sec. 1. — 0. — EDUCATIOX. *)/•'* ^T-'^" Act for the encouragement of Education i.i til I a colony. — f22d Mnv. ISI.T ] '^imirjo'"l',n"''l'-' '^"•""1 *'"'■ "'^•''"PPO'-t of education, of which one- MP nn,t „M;'^'""'"r?'r^.'" Vl'I'"" "*" I'^-o'estam, and one-half to suppoit of Koman Catliolic schools. Jhstributes the above sum amon-st the districts of St. .Tohn's. TJricus. ^^V^^^'.^f''"''^' ;{'''"^>' J^">' ^-^-rth. Trinity JiJv West Ji-n t> ],ay South IJonavista Hay South. IJonavista liavK..rlh. Foiro iwtu'nfjS;. '''^' '^""^•' ''""'^■^"'^' ^'- -^^">''«' I'laccniia, liuHn. and Defines, the lioundarlcs of the fortpoinp districts I'du^-l'fio.T'in T ""TT' '" '"^'"^ ^'^"■'^'^' rrotestant iJoards of of the :•;!? inf °' '"'■'-'" '"■:'?"'• °f"'h"™ the senior clei-vmnn iied ^n ' t ''' ""-^ = P™;-"!^^! that where the amount a-pi-ro- pmtecl tof..-l>rotestantpartofany district shall be less than £2.5. uch sum shall he appropriated by the adjoining Protestant JJoard. i ~^ " ""^f' "oard-'of Education in each di.tdct in manner prescribed in preceding section. ,^..-S ■- ^ EUl (ATION. fi. — in case of a vacancy occurring in any board, tlm same to lie filled up by the Governor. 7. — Roanls aimoinlcd as aforesaid, may make regulations for the rstalilish- ment aii^ i^ ^ -T^s:.,-^:-.'^..^^ ,^<:,^ Wm 178 4 W. i, Sec. I.- 3. 4. ELECTIONS (REGISTRATION OF VOTERS.; Elections. "^^^^rS'T.^" ^4c#/or registering the nam^i of per$on% entitled to vote at elections.— [12a June, 1834 ]* Persons not registered according to this act not entitlea t« toU it elections for members of the Assembly. . - Justices in session to parcel out their district amongst themselves evert yeai, and each justice to direct the constables within his division t* make a list of all persons therein entitled to vote, which lists ar-' to be appended to the doors of places of public worship, wi(.h noticet annexed, re(juiring all persons omitted therefrom, who m&y rlaim to vote at elections, to prefer such claim before the first of JJr pt-tiber following. Provided that person*, whose names shall have b.-en once placed on the register, sha.l not be required to make such claim while their former quahfication and place of abode remain as b(.-fore • and provided aiSo, that any person absent from his place of abode dinine the taking of such lisU and until after the said 20tb September and omitted therefrom, may have his name inserted at any finie before next annual revision on establishing his claim before the levininij magistrate or courr of sessions. * - Constables to make such lists as aforesaid, and return ihem to lh» repecti ve j ustices. - Justices before the 20th September in each year to make out general lists in alphabetical order of all persons entitled to vote or claiming to vote at elections within their districts, marking, as ohjcfted to, those whom they may consider not entitled to vote, ami such lists shall be printed and hung up at places of worship and other public places, and the said justices shall also keep at courts of rpvision one of such lists which shall be open to public inspection durir.g thi; ii! i,ing» of such courts. Any registered voter may object to the registration of any other person by serving written notices of such objection upon tho rau^^^ist -ates making out such lists, and upon the party objected to b(?fore?hf 20th September in any one year. Courte of revision of the lists to be prepared as aforesaid shall hr held in each district by one or more justices up>;n the 20th of Septcmht-r, in each year, at which the constables who shall have taken the said .isU may be examined upon oath, and the revising justices shall retain upon such lists all persons who shall not have been objected to iii niar.ner aforesaid, and shall reject therefrom all persons who, having hoi^n so objected to, shall not prove themselves to be entitled to vote. Trtt- vided that persons omitted from such lists, who shall have given the notice provided by the second section, shall be inserted therepn, on proof of his being entitled to vote on the 1st September then last past. Justices holding the said courts may adjourn from time to time.'and from place to place, may examine upon oath all persons claiming to vot«, or objecting to others' votes, and all witnesses ; and all persons swearing falsely shall be guilty of perjury. Justices shall also detf:r- mine up/ n the validity of all clrims and objections, shall note all alterations in the said lists, and shall sign tne same when settitt], • The operation of thii Act was «u«pcnded for one year by the 5 W. 4, c. 2. iftci whick it took effect. ».— 6. — 7.— V. ' 10. ELECTIONS. EXECUTIONS. FERRIES. 179 and shall cause a fair register to be made of such lists, which register •hall be transmitted by the Chief Magistrate to the Colonial Set retary, to be by him transmitted at every election to the Returning Officer. S. — Any person aggrieved by the decision of the revising justices, may appeal to the sessions who shall amend the said lists by the addition of such person if he shall appear to have been entitled to vote on the 1st September then last past. • Any pi -son not registered, in consequence of the decision of any justice or sessions, may tender his vote at any election, and the returning officer shall receive such vote, distinguishing the same from those of tegistered voters. Provided ihat every person though not regis- tered shall be entitled to vote at an election, upon proof to the return- ing officer that he was not entitled to be registered on the first of Sep- tember then last past, but that subsequently to that time, and pre- viously to such election, he did become so entitled. - In case of any controverted election before the Assembly, either party may impeach the '•o^vectness of the register in full at such election, by proving that the name of any person had been improperly retained in or omitted from such register, or from the poll-book, and the com- mittee upon such controverted election shall alter the poll according to the truth of the case, and report thereon to the Aasembly, who shall carry SMch report into eflfect, and shall declare such election void, or Cause the return thereof to be amended, as the case may be, and who shall also correct the said register, or make such other order as they shall deem proper. - No more than one person entitled to vote for any one dwelling house, provided that every tenement shall be deemed a dwelling house, for which the occupier pays rent by the year, and of which he has the exclusive possession. Schedule of Forms. Elections in district of St. John's* act to prevent disqualification of voters by reason of the fire. — See St. John's (voters. J fixECUTlONs, levying of. 4 Vict., cap. 3. — An Act to authorise the Sherif of Newfound- land to levy Executicns in the several districts of this Colony, after final judgment. — [26th April, 1841.] Enacts that a writ of execution upon final judgment in any of the circuit courts shall have validity in every district of the colony ; Sheriff may levy under authority of same in any district, ia like manner as if it had issued from the supreme court. FEES IN SESSION COURTS. — See Police Officet. Ferries. 8 Vict., c. 8. — An Act for the regulation of Ferries [23a Ap'il, 1846.J Sec. 1. — Governor in Council to appoint and establish ferries, and grant licenses to ferrymen, subject to rules and rates of fees to be made and fixed in manner provided by second section; penalty of forty shillings imposed on ferrymen for neglect or refusal to comply with rules. 2. — Nearest courts of sessions to make rules and establish rate of fees, subject to the approval of the governor for the time being. 3. — Justices in session may suspend ferrymen in case of neglest gr impropsr 9% 11. I'll FERRIES. FISH. «€C I conduct; to transmit complaint, &c., to the Governor j and tppoiirt ancther ferryman /'/-o^fw. '^'^ 4— In case of parties injuring ferry-boats, a justice of the peace may apijre- hend offender, and on summary hcarirg award reparation ; offfcnderi « "ot complying, moy be imprisoned not exceeding t.'iirty ' jtion declared forfeited. 15. — Ko pickled fish to be exported without inspector's certificate first produced to collector ; nothing herein to affect fish sold in ports of the island in bulk or casks by planters and fishermen ; noi' to fish in casks of less thai; ten gallons. 16. --Ofljce.s of customs and inspectors to enforce act and prosscute for penalties. 17 — Officers of customs to {trant certificate (in forji prescribed in the section) to masters of vessels clearing out pickled fish according to tills act. 18. — Inspectors to be paid for every certificate one shilling sterling ; inspecting and branding every tierce, ten pence ; barrel, seven pence ; half-barrel, four pence half-penny ; to be paid by exporter or pur- chaser in addition to cost of fish. Inspectors to make annual returns to governor of all fish inspected by them. 10. — Inspector branding cask not inspected by him, or permitting other persons to use his brand, to forfeit £5 sterling for every cask, and be removed from his office. 20. — Fish shipped with intent to export the same contrary to the provisions of this act shall be seized, inspected, and detained, until charges are paid ; any justice of the peace to issue his warrant to seize the same ; persons refusing to aid constable in seizing, to forfeit thirty shillings ibr neglect or refusal. 21. — ^\^len not more than five barrels of fish to be inspected, they shall be brought to inspector's place of business ; if more, inspector shall attend within two days, under penalty of forty shillings for each day; to receive nine pence mileage for travelling beyond one mile. 22. — Salted or pickled herrings may be exported in bulk ; and also salted or pickled herrings or mackerel packed in ordinary pork or beef barrels, although not of the dimensions above prescribed. Such herrings and mackerel to be, nevertheless, packed and inspected as above directed, but in no case to be branded No. 1. Penalties to be recovered in a summary vay before two justices, or any court of record ; proceeds for public uses of colonv; one moiety to go toi nformer, w'nere the conviction is by evidence of two witnesses. 25. — No fish to be exported except from place where it was inspected; inspector granting certificate of fish not inspecti 1 personally by him, guilty of a misdemeanou'-. 26. — I'urchasers of inspected pickled fish may have same re-inspected on payment of expenses, 27. — Act to continue in force four years. 8 Vict., c. 5. — An Act to continue and amend an act passed in the fourth year of the reign of Her present Majestt/, entitled 23. 24. ;i [ 1' i , •I 182 FISH. GAS LIGHT. " An art to regulate the packing and impaction of Pickled Fish for exportation from this colony" — rosd Ap-i! 1846 1 Sec. 1. — Continues the act, 4 Vict c. 2, for five years, and to the end of then next sesHion. 2. —Imposes a duty of three shillings per cwt. on the exportation from this colony of fresh and salted or pickled herrings and caplin in bulk 3. — Declares it unlawful to expoi-t salted or pickled caplin in casks, unless packed and inspected in like manner as pickled herrings by the said act : and imposes a duty of 2s. 6d. per barrel thereon— dried caplin excepted. ' ' 4. — £300 granted to. vards defraying the expense of procuring and main- taining Ilevenue Cruisers for protection of the B.-itish fisheries and Jievenue. 5. — Duties imposed to be secured and collected by means of the Imnerial acts .3 & 4 W. 4, c. 53, and 4 & 5 W. 4, c. 6. — Operation of act suspended until Her Majesty's pleasure be known.* GAS LIGHT COMP.\NY. , c. \^.— An Act to incorporate, a company under the style and title of " The St. John's Gas-light Company." — [29th April, 18t4i] " -T y Company incorporated ; to hold real estate not exceeding £'.000 ner annum. t- - . p > " ^l?''^,^"*'^^ £6,000; may be increased to £12,000; shares, £10 each. - Alter 500 shares subscribed, general meeting to be held; seven direc- tors, each proprieto.s of ten shares, to be chosen ; and bye-laws made - Annual general meetings on the first Monday in May, to pass accounts declare dividends, elect directors, and alter bye-lan's. - Directo-8 to choose president and vice-president ; four to be p -•uorum • directors to supply vacanciei until annual general meeting. ' - Duectors to appoint officers, clerks, and servants, and fix their salaries • ^ and generally to manage affairs of company. - Stockholders to have a vote for each share, but not exceeding fifty votes ; president to have casting vote. - T' jckholders to vote by proxy, constituted by writing, - .ures to be personal estate ; assignments to be registered. - Shares subject to attachment by service of process on president or vice- president; officers may be examined as to defendant's interest, &c. - Stockholders privately liable to amount equal to stook held by them • joint stock, nevertheless, liable. ' - Proceedings in case of dissolution ; liability of stockholders to continue two years thereafter. - Ten stockholders of 100 shares to form directors empowered to call a general mecng. - Company empowered to trench streets, &c., for laying pipes and mains, doing no unnecessary damage ; penalty of £5 for neglect. -Company empowered to carry pijes through intermediate buildings and ground to houses of consumers. • This act ha« be-n cnnSrmed bv Her MajeEt*- and pon* into opf ration.— An art, pro- Bi biting til e »a e of bait to foreigners, and to provent encroachment, on the fisherici was passed m 18-36, (b W. 4. c. 3.) but did not rccciTe the roval confinnation 7 Vict.; Sec. 1. — 2.— 3 — 4.— 5.- 6.- 7.- 8.. 9.- 10.'- 11. 12. 13. 14. 15. ^-■M:: GAS. GRAMMAR SCHOOLS. 183 16. — Gas-works subject to inspection of stipendiary magistrates, and their orders, subject to penalty of £5 for non-compliance. 17. — Persons fraudulently using, or '\rongfully wasting, gas, subject to penalty to company of £10. 18. — Persons wilfully damaging pipes or apparatus, cr wilfully hindering or obstructing construction, repairing, &c., of works, to forfeit £5 ; any person may apprehend offenders without warrant ; in case of non- payment of penalty, offender to be committed for period not exceed- mg three calendar uonths. 19. — A magistrate, on eoniclaint, may award sum to be paid by rarty negligently or carelessly breaking lamps, &c. ; to be leried by \t arrant of distress. 20. — Penalties, the recovery of which not otherwise provided for, to be recovered by action of debt ; conviction not to be quashed for want of form. 21. 22. — This act to be deemed a public act, and to continue in force for fifty years. Grammar Schools. 6 Vict., c. 8. — An Act to authorise the Governor to appoint Cont' missioners for the appropriation of certain monies granted to Her Majesty for the establishment of a Grammar School at C'arlonear, and remaining unappropriated, and to make further provision for the support of the said school. [22d May, 1843.] Preamble recites grant of £400 for the support of a Grammar School at Carbonear by the appropriation acts of 1838 and 1839, remaining yet unexpired, and necessity for making provision for support of said school. Sec. 1. — Empowers Governor to appoint seven Commissioners, (of whom four to be a quorum) as a board for establishing and managing grammar school -.t Carbonear, and expending monies granted in building, &c. 2. — Commissioners inoorporated by name of "The Directors of the Carbonear Grammar School." 3. — Vacancies by death, resignation , or 1 2 months' absence from the colony, to be filled up by the Governor, either permanently or temporarily as he may think fit. 4. — Board of Commissioners empowered to appoint master, and, if neces- sary, an usher, — fix salary of usher — prescribe branches of learning to be taught — establish fees, and make rules and bye-laws, subject to • the approval of the Governor. 5. 6, 7, 8, and 9, are the same as the like sections in the act establishing the Harbour Grace Academy. 10. — Makes ihe school subject to the inspection of the Inspector of Schools under the Education. — [TAis off.ce since abolished.'] 6 Vict. c. 7. — An Act for the establishment and support of a Grammar School at Harbour Grace. — [22d May, 1843.] Sec. 1. — £400 granted to be e.Kpended by Commissioners in purcbising, build- ing, or leasing a school house at Harbi'ur Grace, and providing library and apparatus. 2. — Governor to appoint seven Commissioners for managing the affairs of the said rchool, who are incorporated by the name of " The Commis- sioners of th6 Harbour Grace Grammar School." ;| 184 GUNPOWDER. GUNS. HARBOUR GRACE. 3. — Vacancies by dentli, resignation and 1 2 nionlh*' nb«cnce, to be filled ud by the Governor. '^ 4 — Five of the Commiauioners to be a (|iioruin— to nppoint master and usher, if necessary, ami remove and ri-ii]>i)oiiit. To tut- »)l': !: courNo of instruction— nitw o» fees, and to make tyc-lawu eubject to tlie itjiprobalion of the Governor. 6. — - Classics, mathematicH, and iiavip;ation to be taught iii the nehotl ; and no books or treatises to be used without the aoi.rovul of the Com- missioners, 6. — Salary of Master £150, exclusive of fees. 7. — llcDort and register to bo kejjt in School of number, names, ngcs and places of residence of puj)ils, with otiier particulars, 8. —Commissioners to make reoort annually to the (Jovernment, for the mlormaUoiiof the l.eKislature, the proj,'res8 and condilion of tho school, with lull particulars and an amount of the appropriation ol the fees. f . — The Governor to be the visitor of tho school. 10.— .Monies granted by this act to be paid out of the generoJ I'cvenuo in the usual manner. Glni'owdkk storaoe Acru, Explanation of. 4 TV. 4, (;. 19.— yl// Art to exphiiu rrrtain Acts passed fur the sap hroping of Clunimivdcr, and to remove doidts rcfiptcting the same. — [I2th June, 183J.1 Preamble recites acts 3 W. 4, c. 2, and 5 W. 4, c. 4, and the existence of doubts as to whether the acts apply to the storing of gunpowder in His Majesty s stores and magazines. Sec. 1. — Declares that the provisions of the said acts shall not extend to govern- ment magazines. f'^'^-S' FliilNG OK— (in towns of St. John's, Sec.) VV . 4, c. 9. — An Act to precent the unneccssarif disrhnrgiiig of guns and other fire-arms in the towns of St. Johis, liar- hour Grate, Carbmcar, Port-de, Grace, and Jirigus, and the suburbs thereof. — [sth May, m:,. \ bee. 1. — ^o fire-arms to be discharged within the said towns and suburbs for the i)urpose ot ereatnig a noise and disturbance, and witiiout reasona- ble cause or excuse for so doing, under penalty of ten shillings, or imprisonment for twenty-lour hours on conviction before a justice of the i)eace ; provided complaint be made within forty-eight hours af'er the odence committed ; and that nothing herein shall extend to !ler -Majesty s troop*, or others acting under lawful authority. -^„ . . "ARBOUR GliACK, Fire Companies in. J VV. 4, c. 4. — An Act to establish and rcgulat,; Fire Companies o , ''^ ^''S .^^T ''^' ^^'■"•*«'«'' Ornce.—[i:,u A,,r.l, 1843.1 bee. 1.— lown divided into two wards,- western, from Ship's Head toFiirkins's 1-ane,— eastern, from thence to llear's Cove. 2. —A fire company to be established in each ward; every male house- keeper to be enrolled as a member, (save judge», magistrates, public olh.'ers, clergv-men, and persons over 60 years of age, and persons infirm or disabled.) Any person claiming exemption from personal u)td IlARBOUtt GUACE (HRE COMPAiNIK-S.) IW •orvico, other thnn clorj^yman or nicillfal prartiiionf-r, hnvinjr » clcrl., M)ji, »r iniin McrvniU, iiiidur 17 vchih of uiu c, to iMtrol him jws a Hulwtittitc, iin(l lo l)o lialili' Cor his utl riMiuiNlliDH if ten Iioiihc- kft-p-rs, uU piisons iialilo tii stTVc to nii-tt :iP(l chocsc oHicers by ballot : viz., in fur-h wiint (our wiirdcns, one captiiin iiinl iwo lien- tcii.iutH, lo Mrvi- lur u yciir. (irncriil Hnnuiil nu'tilin^j iiti'l flci'tionof oifi.xTs to bo oil the (irstt \Vi(liit"'li(iscd by fin* wardens; to defray which usscssmont to he levied on Imidlords and othors derivinj,' n imitit rent (pidilic buildinffs. -tclmnl he, uses, nud charitable institution!* excepted); stone or brick buildiu^'h liablo to half assessment oidy. 7. — Assessment to be made by order of two justices; not tf) be levied on public liuildings, churches, chapels, puljlie or fn'c-Kchool or charitable •nstitu'ioi:. ft. — I'ates to b;; recovered by suit in a sinnm.iry w,iy in natncof trcasuriT or warden, und levied with conU on go'jds of difendant. 0- — Senior wardcii to be treasurer, and junior waideii .secretary; gencrni tre-Axiirer to be chosen from wardens by bail')!. 10 — General treasurer lo pay no monies except on order fiif^ned by mujorily of wardens. 11. — AVardens to be sworn, and wiien on duty to bo conservators of tin: peace,— six men in each w:ird nominated by the wardens, to hav(! aUo power of special constable*. 4 "W. 4, 0. 5. — An Art to amend an Art of thr (irnrraf Annf.nhhf of this iHlaiid, jxiHsrd in thr, third ijrdr of his prrsrnt Majesf)fs rflt/v, vnlitlrd'* An Art (o rsfn/i/ish ond rrr/u- Into Fire Coinpanirs in thr toirn of Ildrltour Gntrr. — list AilS'lst, \K.y.\.\ Fire wardens and captains may make rules and rcf^idatioTis ri;s[)eeiiiij» chimnie't and Htove-[>i|)eN, ;iiid imptise fines anil ijenallies ; rules jnid regula- tions, bein^ first iij)proved by the governor, .'iiid published in tho Jtoijal (lazetto or onv. of tlie H'nl)')ur (iracr ncwsiinpers, to havi the force of law; fines to be recovered in u summary way by treasiner of tire com panics before any juslicu of the peace, and iiiocceds a])plicd lo use of fire companies. llAiUioiiii GitACK, Storage of gimjiowdcr in. 4 W. 4., c. 3. — An A.,,1 to prrcmt dainjrronf^ (jiatntit'ira of qnn- poxrdrr being krpt loithia the town of Ilarlnjur drarr, und to provide for thr. safe atorinij of the same. — ( lath .Jimp, iRSi.l The provisions of this act are in almost every p.irlicular the same :\n iho^c of tin- ;i W. 1, c. 2, with respect to St. John'«, for which f-.ei. .S7. ■A////V ill ^, r lii: 1! jm H iar» HARBOUR GRACE (STREETS.) t See. «. — Provides that on the erection of n suitable maf»anne, the proprietora may charge the followinj? rates for storage for one year, viz. : - E\cry barrel, :U. dd. , half-barrel, 2<. 2d. ; quartei- barrel. 1*. Id. iterling ; and for every year afterwards, 2». Qd. eterling per cwt. «. •— Harbour Grace, for the purposes of the act, to extend from Bear'i Cot» tc Ship's Head. Harbour Grace, Kegulation of streeU of. 3 W. 4, r. 5. — An Art to reyulate the streets of the town of Harbour Grace.— -[x^^^, April. 1833.] Amendod by 4 W. 4, c. 2, which repeals the Ist, 2d. and 3rd sections, and the further exercise of the power and authoritv of the commissioners npiwmtcd thereby, indemnifying them, however, for any lawful act done by them. Sec. 4. — Directs commissioners to proceed in the taking of ground to viden streets, and to award compensation to be paid bv a rate to be levied, m poual proportions, on the appraised value of the interests of all landlords ond tenants between Ship's Head and Wear's Cove; con.- missioners may also appropriate acljoining ground in compengatian il they think proper. 5. — Kates and assessmenU to be recovered summarily in any court of record, 6. — Commissioners niiqbt postpone tho opening of intended new street, and extend firc-breakt,. 4 "\V . 4, c. 2. — An Act to amend an act of the General Assembly, mfitled "An Act to rcgtdatc the streets of the town Jf /^'"Aowr (rracf.— [i«t August, 1833.] bee. ]. — Kepeals portions of preceding act.— iSV« ahovt. !?• ~ ^/."'" *"''^ cross-streets to be as laid out by commissioners in 1832. *** ~ »J."l'n of main street to be filty feet throughout. 4. — Nine commissioners of road.s and ai)i)raiser8 to lie appointed as follows : — A public meeting of proprietors and tenants to be held ; four persons to be thosei: by tliu proprietors of ground to be taken ; and four persons by proprietors and hou.soLolders, or tenants of lands and tenements gencralls, wl-.ich ciglit jjcrsons shall choose a ninth as umpire ; being sworn, the said nine persons shall be commissioners of roads, and appraisers, and are authorized to muxk out a street forty feet wide in the rear of and parallel to the main street, and additional cross-streets or (ire-breaks westward of those marked out by the former commissioners ; to award compensation and appropriate adjoining ground, and to raise and levy rates and assessments in same manner as by the former act. 5. — Xo building erected ]■: evious to the 27th August, 1832, to be removed. ^6- — .Authority of former commissioners annulled. 8 ViCT. c. 15i. — An Act to (imetid an act passed in the fourth year of the reign of His late Majesty, entitled "An act to amend ait act of the General Assembly entitled ' An act to regtdate the streets of Ilarh:,vr Graee.' " — [23r(l April. 1845.] Sec. 1. — Jtcpeals all such parts of the third section of the recited Hct (4 W. 4, c. 2) as relates to buildings thereafter to be erected on the north and south sides of M'atcr-slrtet in the said town, westward of William Innoll's hou.se. HARBOUE GRACE. HOUSE OF ASSEMBLY. 187 2. — To form the iouth nde of the said street, a strai^^ht line be drawn from the nouth parapet of Fox's hrint dis«f)Iutior'. by the crown sooner, if deemed expciient. Hot^ER, in Sl Joha'i, builuin^' of. — iSVa •'it. Juhn't. ICE CHANNELS. ^ 4 W. 4, (Sesrio!! 2), c. 2. — An Act to reydate the cutting of Chan nch in the Ice, in the various ports and harbours of this hland. — [i>,i, junf, 1834.1 See. 1. — Owner", masters, and agents of owners of all «c.^!itlg Tassels, or a maio rity of them, in every port where they shall fit out, on due notice Ijiven by a justice of peace on the requisition of three owners, to meet and clioo«c by b.illot an " Ice Committee," who shall appoint a chair- man and treasurer, and frame regulations for cuttinj; channels through the ice in the respective ports — rejrulations being published to havt force of law for one year. In porU where there is no justice of peace, a sherifTs officer or three owners or agents of owners of sealing vesseli may convene meeting. I.— Committee to exist until snccessors be chosen at the next general meet- ing, which shall be holdtn on the last Tuesday of January, ornextcon- Tenient day thereafter — succeeding committees to confirm, alter or amend rules, i|f thev shall think proper. 8. — Committee to provide, at the expense of owners of scaling vessels, necessary tools for cutting channels in the ice, and compel the attendance of men from the crews of sealing yesscis : or levy a rate on them, one-half to be paid by owners, and the other hidf by the masters and crews ; other vessels using channel to pay a toll not exceeding forty shillings per 100 tons. 4. — Kates to be recovered summarily by treasurer, before a justice of the peace, and levied with costs of suit. 6. — Xlegulations of committees to be enforced by fines not exceeding £5; to be recovered summarily before a justice of the peace, and, with rates, &c., to be applied to purposes of this act. Insolvent Dkbtous,— See act lor relief of, taken in execution,4 W.4,.c 11. atUc page 85. IvTEREST, Rate of. 4 W 4, (Session 2), c. X'i. — An Act to establish the rate of interest in this Island. — [i2th June, 1834. Sec. 1. — Interest at six per cent, shall be allowed on debts due by WTitten con- tract from the time o*' their being due ; and on debts due from the time of demand of payment made in writing, and that interest will b( claimed from the date of the demand. 2. — No part of the law of England relating to usury to be of any force in this island. 5. — No claim for interest exceeding six per cent, recoverable against an insolvent estate. LANDED PROPERTY. — See Real Chattels Act 1 W. 4, c. 18, anU page 124. Law Society. — See Act, 4 "\V. 4, c. 23, anic page 102. Light Houses. •^ AV.'4, c. 4. — An Act for the establishment of Li'jht Houses,— [8th May, 183-5.] UGIIT HOUSES. 188 X^ All the provUioni of this act, eicrpt tho^o a* to low of money for building light-house on Ciine Spcnr, rcptali'il hy 3 Vic, cap. 5. Sections 3, 10, and 11, provide fur the burrowiii}; nf £1,000 sterling, at aiz p«r cent, for the building of Capt* Spear Hght-hnuse. 5 W. 4, c. 6. — An Act for raisimj a further sum of numey for.' completing the erection of a Limt House on Cape Spear. — [SlhMay.lSaj.] Sections 1, 2, ami 3 aufhorize the treasurer to raise by loan, on ilebenturcx, ihs furtlier 8iim of £000 Btcrling, at six percent, interest, to complete the said light liuusc. 5 W. 4, c. 7. — An Act for the establishment of a Light House on Harhour Grace Island. — [sth May, 183.';.] Sections 2, 8, and provide for the rnixin;^ by loan, on debentures, the sum of £1,000 sterling, at r.\x percvU. interest, for the erection of a light- house on Harbour Grace Island ; all the other provisions of the act repealed by the 3 Vict., c 5. W. 4, c. 12. — An Act to a 'horizc the raising ly loan of a fur- ther sum of money for the completion of the Light House on Harbour Grace Island. — [6th Mny, issc,.] Sec. I. — CommissioKcrs to raise by loan the further sum of £1,000, on interest at fix per cent. ; provided that no part of the said sum shall b» :^.hei or expended until estimates, &c., oe first approved by the Uovernor in Council, 2. — Treasujcr to issue debenture?!, &c., according to Act 5 W. 4, c. 7. 1 Vict., c. 8. — An Act to authorize the raising by loan of a fur- ther sum for the completion of the Light House on Harbour Grace Island, and to inahc further regulations respecting the same. — [isth Novpmber, 1837.] Sections 1 and 2 provide for raising by loan the further sum of £*>00 sterling, by debentures at six per cent, interest, for the completion of the said light-house ; all tne otiier provisions of the act repealed by the Act 3 Vict., c. 0. 3 VicT., c. 5, — An Act to amend several acts now in force respect- ing Light Houses, and to make further protisicn for the said Light House, and to consolidate the laics respecting the same. — [I2th0ct., 1839.] Seel. — Repeals 4 W. 4, c. 4, 5 W. 4, c. 7, and 1 Vict. c. 8., excepting the clauses relating to monies borrowed from any person or persons, and which provide for the security of such public creditors. 2 — All expenses of supporting Light Houses now or hereafter to be erected, salaries to keepers, &c. to be defrayed out of public treasury. 3. — Governor to appoint five Commissioners, of whom three to be a quorum ; for superintending and managing affairs of lighthouses ; to be a board of audit and control. All purchases for light houses to be by public advertisement and tend'^rs; all amounts and vouchers to be furni.shed to the Colonial Treasurer before the monies are drawn ; Governor to fill up vacancies in Commissioners. 4. — Commissioncn to appoint light-house keepers and assistants ; their I lyo lAGUT llOUSKS. •*! salaries and all expenses of light houses lo be subject to tlie control and approval of the lej^islature. *. — Liphtducs: upon every vessel entering a port between Capes Piay and John, (other than coasting, sealing and ttshing vessels) a ituty of three pence sterling, per ton register tonnage ; not to be levied more than twice in one year. Upon every decked vessel in the sealing, fishing, coasting trade, or Labrador, entering any of the ports afore- said, above 90 tons, twenty shillings sterling per annum ; between 60 and 90 tons, fifteen shillings pfer annum ; and under 60 tons, ten shillings sterling per annum. 6. — Collector of Iter Majesty's Customs to appoint prrtper persons in out- ports to collect light dues, to be paid over quarterly to him f-Jr the use of the colony. Ten per cent, allowed the Collector for collection of duns. 7. — Light dues may b^ recovered in a summary way before any one or morn justices of peace, and levied on goods of owner or of master vessel with costs. 8. — Vessels not to be admitted to entry by Collector, nor clearance to fish- ing or coasting vessels till dues are paid. 9. — Detailed accounts of all rates and dues received, and of all charges and disbursements on account of light house shall be furnished to the Gorernnr by t\\e Commissioners, to be laid before the legislature at the commencement of each session. 10- — Overplus of monies collected under this act after payment of annual e.xpenses of light houses, to remain in Treasurer's haads as a distinct fund, and not placed by him in his general accounts of monies and duties received for the service of the colony. 11. — Act to continue in force for three years.* 4 VICT., CAP. G. — An Act to male jjrovision for a Light House on or near to Cape Botwvista. — [26th April, 1841.] Sec. 1, — Colonial Treasurer authorized to raise by loan £l,t55 sterling, for the put-poses of this Act, repayable with interest out of the pub'ic funds of the colony in three equal instalments of £585, in three, .our, and five years after date of debentures. 2. — Commissioners of light-houses under .\ct 3 Vict., cap. 5, to procure plans, specifications, and estimates, and proceed to the erection of light-house on or near to Caj)e Bonavista. 8. — Governor to draw warrants on treasurer for amount necessary to com- plete building of said light-hou.e ; not exceeding in whole £1,756 stg. 7 Vict., cap. 5. — An Act for the maintenance of a Light Houae on Cape Pine. — [29th April, 1814] Preamble recite.-, as the re.sult of correspondence on the subject, a proposition of the I,ords of the Treasury to recommend a grant for the erection of a light-house on Cape Pine; on condition of provision for its mainte- nance being made by this colony separately, or jointly with other North .Vmer'can colonies. Sec. 1. — Grants £500 annually for the maintenance of the said light-house, when erected. 2. — The said light-house to be under the control of the commissioners of light-houses appointed or to be appointed under the Act 3 Vict., cap. 5. •Contiiiued by varioui «et», ami now in force bv » i 10 Vict. c. 6. f LK'ENSES. LOAN. ^! 191 l.IctNSES. ^ Sc» Act 3 Vict., c. «, ante page 120. LoAX. 6 Vict., cap, 2.3. — .4n Act to authorize the Treasurer to raise by loan, on the credit of the colcinj, a sum of money to be ap- plied to the general purposes of the colony. — 22d May, 1843.] Preamble recites the expiration on the 30ih June previous of the gefleral revenue net, whereby £20,2a7 9s. OJ. had been lost to the colony, and the expediency of borrowing an equal sum. Sec. 1. — The Treasurer authorised to raise by loan on the credit of the colony £20,000, to be repaid out of funds of colony witli interest at 6 per cent. 2. — Treasurer to Issue debentures for sums not less than £50. 3. — Monies to be repaid in equal instalments of £o.OOO, at the expiration of three, four, five, and six years from the date of the debentures res- pectively. 4. — No interest to be paid on any debenture subsequent to the time appoint- ed for payment of such debenture. Schedule. Form of debenture. 9 Xici.y c. 7. — An Act to raise by loan a sum of money for the general purposes of the colony. — [28th April, is-iG.] Preamble recites road acts 7 Vict. c. 9, and 8 Vict. c. 4, and provisions therein for raising money by Treasury note?, none of which having been issued, it Is expedient the said monies should be raised by loan instead of by the manner in the said acts provided. Sec. 1. — The Treasurer may raise by loan £18,500 for the general puq)oses of the colony, chargeable on and payable out of the funds of the colony, one moiety in five years, and the other moiety in ten years from time of borrowing. 2. — Loan to be raised by public advertisement for tenders ; interest pay- able half-yearly. 3. — Prescribes the form of debentures to be issued for sums not less than £100, to be issued by the Treasurer, and countersigned by the Colonial Secretary, and to be transferable by endorsement. 10 Vict., c. 2. — An Act to raise by loan a stim of money for the general improcement of the colony. — (i4th January, 1847.) Seel. — Governor and Council to rcg'>tiate loan of sums not exceeding in all £200,000 chargeable upon and repayable with interest from public funds of the colony- by instalments. 2. — Debentures to be issued for sums loaned to be executed on behalf of the colony by such persons as the Governor by warrant under Great Seal shall appoint for the purpose. 'i. — Grant of sum not exceeding £10,000 a year towards paying interest of loan, payable out of general funds of the colony. 4. — Ofthe loan to be raised, £100,000 to be expended in construction of main roads in manner directed by the legislature ; and £100,000 to- wards rebuilding town of St. John's, to enable private parties to reconstruct their houses and stores of brick or stone, under the direc- tion of five commissioners to be appointed for the purpose of taking se- curity from applicants. Commissioners to advance sums not exceeding three-fourths of their value interests. Loans to be on express condi- tion that they be expended in the erection of buildings, and SMCurity '■'^mmmmx^^ \\Ki IA\ ATiC AS YLU M. M AliRI AGES. i: i i ti I;.. in llial boliiilf l» be tnkrn by such trustee-!, and tinder such regulations as sluillbe proscribed by the Governor in Council. 5. — Xo frreater interes; tli;in iour and a half per cent, to be paid upon money to I e raised in n;aiiner and for the purposes aforesaid. LfXATIC ASYI.fM. 9 Vict., c. 4. — An Jet fur thccstablishimmt of n Lunatic Asylum in St. John's. — [2-\h April, ISlC] Sec. 1. — Grants £1 JOO for establishment of a lunatic asylum at St. John's. 2. — Governor and Council to direct expenditure of money in providing a suitable building, and to make rules and ordeis for management of asylum. 3. — Governor to appoint seven commissioners, of whom three shall be a quorum : and to supply vacancies caused by death, resignation, or 12 nior.lhs' absence. 4. — Governor to a])])oint medical and other superintendants, keepers and seivants, and iix and regulate tlieir salaries. 5. — Commissioners to carry into effect rules and orders for government of asylani, and sjeiierally to superintend management of the same. 6. — Monies to Le drawn by warrant in usui-.l manner. 7. — Commissioners yearly, on the 10th .January, and when required, to trans- mit to tlio Colonial Secretary fidl report and statement of receipts and disbursements, and progress and condition of asylum. 10 Vict., c. 4. — An Act for gruntiiKj a farther sum for cstablibh- ivg a Liniatic Asylum in St. John's. — (uth January, 1847.) I'recmble recites insufiiciency of sum granted by 9 Vict., c. 4. Sec. 1. — Grants lurtiior sum ofiJli^OO for carrying into effect the object and provisions of the .said recited act. MAURIAGF.S. a \y. 4, {'. 10. — An Art to rrpeal the laws now in force concerning the cclrhraiion of Marriages, and to regulate the future cilchration of Marriages in this Island.— {^ihSnXy, 1833.) Sec. 1. — licpeals Imperial act o G. 4, cap. S, except parts repealing former mar- riage acts, and rendering valid all marriages hs.d in Newfoundland w ithin a certain period. 2k — All future marriages, except in eases hereinafter mentioned, (see sec. 8,) to be celebrated by persons in Holy Orders, by resident ministers of congregations having a church or chapel ; or by teachers or preachers of religion duly licensed by the Governor, to celebrate marriages. a. — All marriages under this act to bo celebrated in presence of two wit- nesses, under a penalty of £50 upon the person celebrating the same: but the want of sucli witnesses not to invalidate any marriage. 4. — Any person authorised or licensed under this act celebrating a marriage between persons rillicr of whom shall be minors, not having puolished the banns for such marriage upon three successive Sundays in some church or chapel, or where there is no church or chapel, not having placarded public notice for three weeks preceding the day appointed for such marri.'ige jn some place of public resort, without the consent of such minors' i.r.rents or guardians, to be guilty of high misdemea- nour, and to suffer a penalty not exceeding £50. MARRIAGES. NUISANCES. 198 5. — All marriages to be registered in a book (to be kept for such purpose by the person celebrating the same) by the entry therein of a certificate of such ma:-'age, signed "by tlic person celebra- ting, by the persons married, and by two witnesses present. Such register or book to be open tc public examination at all convenient times, and an attested copy of any entry therein to be given to any person requiring it upon payment of 2s. 6d. Any person cele- brating a mnrriage, and omitting to register the same, to pay a penalty 6. — The entry of any marriage in manner aforesaid in any such book of registry, or an attested certificate of such entry, (the handwriting of the attesting minister being proven) shall be sufficient proof of the marriage to which such entry refers. 7. — Any person destroying or defacing any registry of any marriage witli intent to avoid, cancel, or annul such marriage gu-lty of felony. 8. — Magistrates duly licensed by the Governor ma" celebrate marriages ■where no person authorised, as beforemeiitioned, shall reside within ten miles of the residence of the woman about to be mar- ried, and laymen duly licenser', may celebrate marriages vhere no person authorised, as aforesaid, shall reside within fifteen miles of the residence of the woman about to be married. 9- — AH persons celebrating marriages where there is no church or chapel, shall, within twelve months after any marriage, cause a certificate thereof to be registered in the office of the Colonial Secretary under a penalty of £5 ; and the Colonist Secretary shall, within seven days after receipt thereof, enter the same in a public register j and such register shall be open to public inspection, and every person r-quiring it shall be entit'ed to a copy and certificate of any entry of marriage therein, under the hand of the Secretary, upon paj-ment of 2«. 6rf. If*- — The entry of any marriage in such public register, or such copy and certificate of such entry (the hand-WTiting of the Secretary being proven), shall be sufficient proof of the mn,rriage to wuich such entry refers. II'— All penalties imposed by this act may be recovered in any court of record, and shall be paid half to the informer, and half to the crown, for the use of the colony. Mechanics' Society. — See 6^. /y/in'«. NUISANCES. 3 W. 4, c. 8. — An Act for the more speedy abatement of nui- sances. — [31st May, 1833.] ^ Parts of sections 3, 4, and 9^ and the whole of the 10th section, repealed by 9 Vict., c. 9. > V 3 Sec. 1. — Courts of session, or any one justice of the peace, empowered to adjudi- cate summarily upon nuisances in this act referred to j and to fine and award costs. 2. — Courts of session, or any one justice of the peace, in their respective districts, empowered to contract for sale or lease of filth, rubbish, or other offf-nsive matter, .d for the removal thereof from streets and lanes ; contractors to give security for removal, and to have exclusive right to remove the same. Contractors negligent to forfeit security, or part thereof, at the discretion of sessions or justice. O i ^ '■m^0i:'^:i-w^_ IM NUISANCES. i 3. — Persons obsti ujting, moiesting, or hindering contractor, to forfeit forty shillings. 4. — If no party contract, occupiers of houses to remove filth, rubbish, &c. in front of thei.- houses to the middle of the street, under penalty of twenty shillings, and expenses of removal. 5. — Persons depositing filth or rubbish in streets, &c. after they shall have been cleaned, shall forfeit five shillings, and all costs and removal thereof. 6. — Constables to report names of all offenders to the nearest justice of the peace, under penalty of forty shillings. 7. — All carts employed in the removal of night soil, or such offensive matter, shall be tight and covered, and call at houses between hours of ten at night and five in the muniing. 8. — Declares it unlawful for persons to bring into or carry through any of the streets, lanes, or places of any of the populous towns of this island, any putrid substance, or other offensive matter or thing, unless in carts tight, close, and covered, undf.r penalty of five shillings. 9. — Justices in sessions to make regulations for preventing entire horses going at large, and dogs and goats, unless yoked, under penalty of forty shillings. 11. — One third of a street may be used for building materials, provided room be left for a cart to pass. 12. — One moiety of penalties to go to the prosecutor, and the other to the treasurer, for public purposes. f^ The foregoing is an abstiact of so much of the act as is not repealed by the 9 Vict., c. 9. 6 Vict., c. 14. — An Act for granting to Her Majesty a sum of money for making, constructing, and repairing Roads, Streets and Bridges m this Colony, and for regulating the expenditure of the same. — (22d May, , 843.) See. 17. — Declares all cellars and other excavations, and all doors, hatchwavi, flakes, and other erections heretofore, or which should thereafter be excavated, placed or erected under, over or upon any street, lane or rop.d upon the north side of the towns ui St. John's, Harbor Grace and Carbonear, public nuisances, and that it shall be lawful for th4 chairmen of the Boards of Commissioners appointed under the said jo. 1. — Fees charfjcahlc on co'oiiijfor Vic sheriff of Newfoundland. Summoning and cmpannelling grand jury 1 Same every petit jury Na 2. — Fees payable to the clerk of the peace in courts of session. Every precept for quarter session Calling and swearing grand jury Same every petit jury \ ' q Drawing and engrossing indictment or information, and con- ducting pre ccedings to final judgment 1 Entering proceedings on trial by jury to final judgment .... Preparing end engrossing record of conviction, or acquittal, when required Every recognizance for sureties of the peace by party bound . . Attendance during each quarter sessions 1 Making up r-cord thereof, jjayableonly when service certified by justices or justice 110 No. 3. — Fees payable to the ckrk of the peace in civil or petti/ criminal cases.. Summons or subpoena C Hearing of every cause ; q Entering proceedings to judgment "Warrant in execution Recognizance Ir civil actions under 20s. ; fees not to exceed 3». 6^. in the whole. No. 4. — Fees to clerk of the peace in cases of felony or misdemeanour befor» a justice of the peace. Depositior^ or examination Summons Subpoena Warrant Commitment Recognizance of prosecutor or witness No. 5. — Fees payable to constable or bailiff. Service of summons or subpoena 1 Executing warrant to arrest person 2 6 1 6 6 3 2 1 1 1 1 1 6 e a 8 8 4 ill I A w-^ii^ i (I ' 198 POLICE OFFICES (FEES). QUARANTINE. Mileapo, beyond two miles o 6 Levying execution anil sale of gootls on judgment under 26«. 10 Above '20s., 5 per cent, additit^nal. Sec. 2 —Persons .xaciiuj uay greater amount of fees to forfeit £5 for every ofici.fcu. ' 3. — Act to continue in force three years. 6 \ icT., CAP. 18. — An Act to revive and amend an act passed in the third year of the reifjn of Iler present Majesty, entitled " An act to establish the fees and costs chargeable in the several police oMces and courts ofvession in this colony. — [22d May, 18 JS.} -^ «' J Sec. !. — Act 3 Vic., cap. 3, revived and continued in force for three years, and to the end of tlio then next session. 2. — Present clerk of the peace for St. John's to receive, during his incum- bency, a salary of £300 per annum. 3. — .\11 fees paid into the office of clerk of the peace for the central district to be accounted for quarterly, and certified by court of session ; amount of such fee.s to be paid to colonial treasurer for public uses ; detailed statement to bo laid before legislatures. [The foregoing acts ai-e continued in force from the 4th August, 1846, for three years, and to the end of the then next session, bv the 9th and 10th Vic, c. 8.1 PaoiEsxED Bills, Damages en. — See Bills. 3 W. 4 Sw. 1.— 2.- 3.- 4.- 0. - 6.— QUARANTINE. > c. 1. — An Act to provide for the performance of Quaran- tine, a?id fnorc effectually to provide against the introduc- tion of infectious or contagious diseases, and the spreading thereof in this island. — [2-th March, 1833.] Governor and council to declare what places are infected ; all vessels and bouts receiving any persons, goods, &c. from any vessel coming from or having touched at an infected place, liable to quarantine, and to any orders by the governor and council ; all persons (pilots as well as others), good.s, &c., from on board vessels having touched at an infected place, liable to quarantine ; governor to appoint quarantine stations ; governc: and council to regulate the mode of communication with vessels liable to quarantine ; masters of vessels, and others liable to quarantine, subject to the provisions of lliis act, &c. Governor and council to appoint stations for the inspection of vessels. To .specify what goods are liable to retain infection, and to order thereon. To make orders in eases of emergency with respect to any vessel ; to empower persons at the outports to shorten the period of quarantine. ^'essels arriving from sea with disease on board to proceed to such -jlace as governor and council may direct ; master to make known his'case »o collector of customs, or health officer, &c., who shall send intelli- gence thereof to the governor, or, in his absence, to Iler Majesty's council, that precautious may be taken ; penalty for disobedience 'of orders. Vessels liable to perform quarantine to hoist a distinguishing flag, to be ki.-pt flying till released, under penalty of £20. Master to give the pilot a true account of places where the ship loaded ill II 1 s QUARANTINE. IW or touched during the voyage, under penalty c* £100; pilot to gire notice to commander if any place muntioned in such account be liable to quarantine, tinder penally of £20. 8. — All vessels from foreign parts to be brought to be interrogated i pilot or commander refusing liable to a penalty of £20. 9. — Vessels attempting to enter any port liable to be interrogated ; falsa answers liable to a jjcnalty of £100. 10. — Vessels to anchor at the quarantine ground appointed, and thcr» remain until examined ; His Majesty's officers, upon duo notice, to bo aiding and assisting in requiring vessels to repair to quarantine ground; no person to land from said vessels till permission given ; refusal to give information, making false representation, or obstructing officer, penalty £200. 11. — Master to deliver bill of health and manifest, with his log book, to health officer. 12. — Responsible for any person quitting his vessel; to take his vessel and lading to the quarantine station, under a penalty of £400; pilot or other person going on board not to (juit the vessel ; any person may compel the pilot or other person quitting such vessel to return on board, penalty six months imprisonment and fine of £200. 13. — All persons liable to perform Quarantine, subject to the orders of th« health officer ; officers to call in assistance if necessary ; watchmen and others appointed to see quarantine performed, to compel partici to return on bo.;rd. 14. — Persons contravening the act may be apprehended and carried before a magistrate, who may grant warrants for apprehending": and conveying on board, but not confine in a public gaol ; board of health, or his majesty's council, may give direction for the disposal of such person. 15. — Governor or commander-in-chief may, either by order in Council, by proclamation, or publication in the Royal Gazette, prohibit vessels or boats going within the limits of quarantine station. 16. — Officer of health or superintendent of quarantine, &c. embezzling any goeds or articles performing quarantine to forfeit office, and subject to a fine of £200 ; officers neglecting their duty, giving a false ceriifi- cate, or wilfully damaging goods, penalty £100. 17. — Report of examination by the proper officer to be made to the board of health, Governor, or his Majesty's Council. On production of offi- cer's certificate, Collector to admit vessels to entry. 18. — Vessels having performed quarantine, masters to make oath thereof before health officer, when they will be subject to no further restraint. 19. — Goods to be aired, as shall Le appointed by the governor or com- mander-in-chief; proof thereof to be made on oath of the master, the officers to be appointed for the purpose, or of two credible witnesses serving in lazaretto or vessel ; certificate to be granted on such proof by the proper officer. 20. — Forging, &c. such certificate, a felony. 21. — Landing any goods, &c. from vessels under quarantine, penalty £300 ; persons clandestinely conveying goods, &c. from vessels under qua- rantine subject to a penalty of £lOO. 22. — Persons authorised to take examinations may administer oaths ; per- sons swearing falsely or procuring others to do so, guilty of perjury. 23. — All appointnients to be made under signature of the Governor. In the absence of health officer, officer of Customs m!»y act for him. soo QUARANTINE. 24. 25, ! 1! I ^ 26, 27, 28. 29.— 30. 31. 82.— 33.— 34.— 35.— 36. - J 'I 37.— 38.— 39.— — Pub.icatjon m the noyol Gazette of any order of the Governor, &c cr of Governor 8 nroclamation, to he deemed a sufficiet.t notice. — I enalties incurred maybe recovered by suit in any of His Majesty's courts of record ; and where no court, before one or more j'i>tices of the peace ; one moiety to the informer, the other to his Majesty Per- sons aggrieved may appeal from justices decision— giving securitv to prosecute such appeal, to be heard in the supreme or circuit courU • actions for the recovery of fines. Sec. to be entered in the name of Attormey or Solicitor General, under direction of the Governor or board oi health. — Attorney or Solicitor General may stop proceedings. — Offences against this act, for which no specific penalty is provided may bo tried betore one or more justices of the peace ; penalty not to ex- ceeU jLoO, nor imprisonment to exceed six months. — In any prosecution the answers of the commander shall be received as evidence that such vessel was liable to quarantine, unless shewn that 8he did not cc .ne from the place or places contained in the said an- swers, or taat she was not liable to quarantine. Governor by and with the advice of Council, or Council in the absence ot Governor, to revoke, alter, &c. regulations for the prevention of All orders and regulations so made to be certified by the Secretary or C lerk of Council, and published in the Royal Gazette : And kept m force so long as the Governor or Council may require • penalties not to exceed jtlOO ; such orders, &c. to be binding although they may exceed the powers vested by existing laws. Disobedience ot them a misdemeanour. Governor with advice of Council, may appoint health officers and boards of health, for carrying regulations info effect; prescribe ths duties of such health officers, &c. and empower them to make rules and regulations. Governor in Council or Council, to fill up vacancies. Health officer to repair alongside any vessel entering, to make strict search and inquiry, and report his observations to the Governor or Council, \-c. Health officers empowered to administer oaths. No vessel subject to examination to be admitted to entry without a certifacate from the health officer. Vessels inspected and reported are to be subject to such fees as the Governor la Council shall establish ; which fees are to be paid by the masters, owners or consignees before the vessels are admitted to entry, and applied towards the expenses of the quarantine establishments. Governor and Council at St. John's, and justices of the peace in other districts, to appoint health wardens, who are to act gratuitously, and are authorised to enter and examine, in the dav tim , houses, &c., and to ascertain and report their condition to the Governor or such person as may be appointed to receive such report. Health wardens with approbation of the board of health to give orders for the removal of nuisances, 6L'c. To cause houses. &c. to be white-wa.shed, fumigated, &c., and to order ail putrid substances to be removed. A violation of this act to be deemed a misdemeanour ; p-.allv not to exceed £10, nor be less than £5. Defendant may pleaa general Issue in any action taken against any I i A T^ i.mm. RESERVED SALARIES. REVENUE. person nctinp in pursuance of this act. Where judfnnent shall have been given in favoui of dcft-ndant, lie may recover treble costs. Limi- tation of action for unylhing done in pursuance of this act, six months. 40. — Act to continue in force one year. 41. — May be altered, amended or repealed in the present seuion. The foregoing act was revived and continued by the act 4 Vict., c. 9, and Mhu- quently made perpetual by the act 6 Vict., c. 17. REGISTRATION OF DEEDS-.Sec AcU 1 VicL c. Sj 7 Vict c 10, and 10 Vict. c. 6, ante pp.ges lOG, 112. — OP Maui (AGES,— See M irriaf/en. OF \o''.i:R!^.—iiceJi:iiction8—'&ndSt.JuhHiCVotart»/.) Ri:sekvi:d Salaries. 6 Vict., c. 13. — Jn Act to extend and continue certain provision/t of an act of the Parliament of the United Kingdom passed in the second and third year of the reign of his late Mcjestxf King William the JFbwM. — [22dMay, 1813] Preamble recites act of the Imperial Parliament 2 & 3 W. 4, cap. 78, providing for the appropriation by the Assembly of the colony of all duties col- lected by any act of Parliament ; excepting thereout £GiioO towards the maintenance and support of 'he Governor, Judges, Attorney General, and Colonial Secretary, liecitcs also act 5 i!C (> Vict., c. 46. to amend the act regulating trade of British Possessions abroa'' whereby divers d'lties had been repealed and dim. nished and have failed to produce the annual sum of i;()ooO set apart as aforesaid, for remedy whereof, Sec. 1. — Enacts that out of the net proceeds of all duties levied in this colony whether by imperial or local acts, £Gu50 shall be deducted annually and applied towards the maintenance of the Governor, &c. in ihe^ manner provided and described by the 2d & 3d W. 4, c. 78. Revenlf. 3 VlCT., CAP. 3. — An Act to provide for the safe keeping and due collection of the Colonial Recemies of Customs. — ri2th October, 1839.] Preamble recites passing ofColonijil Act2d Vict., c. 2.andthatlhemanagcmentand collection of duties were placed under collector and other officers of Her Majesty's customs, and that it was advisable that the collector and all Buch other officers should be placed in the same position with respect to the collection of colonial as of imperial duties. Sec. 1. — Enacts that the collector, and all other persons employed under him in collecting duties under the recited act, or any like future revenue act, should give such securities for their due collection and safe-keeping as the governor in council should deem reasonable. 6 Vict., c. 1 An Act for granting to Her Majesty certain duties on goods, wares, and merchandize imported into this colony and its dependencies. — [28th April, 1846.] Sec. 1. — Grants to Her Majesty, on the importation into the colony of the under- mentioned articles, the following duties, viz. : — WINES, videlicet : £ s. d. .\11 wines in bottles, the gr lion 2 SOS REVENUE. £ t. AH other winw, the pnllon 1 For every gallon ot Brandy, Geneva, CordinKor other' (ipIriV» not herein delineil or enumerated, and not exceeding the strength of proof by Sykcs's Hydrnmeter, and no in proportion for an v greater •trength, and for any greater or less quantity than a gallon— the gallon q 2 For every gallon of Rum and Whiskey not exceeding the strength of proof bv Sykes's Hydrometer, and <«o in proportion for any greater 8trenndSKssiox), cap. G. - ^;i ^/.^ /« rr^fulafe the making (T2.hjT"m7/'^ ^""''* ""'d J^!'jhaid after' ten davs after demand shall be levied by distress and exi)onded under direction of commissioners to- wards the objects of the act. <■ — Governor and ('- u cilmay appoint five commissioners, of whom three •ihall be a (jiiorum, and to form a board of road commissioners for the central district ; in tlie other districts two or more jusvices residing within twenty miles of the settlement where statute labour is required to be performed upon public notice, may meet and form a board of • commissioners for the settlements within their juiisdiction, and such board of whom two shall be a quorum, shall consist of all such justices as reside within such jsrisdiction, and shall keep records of their proceedings. A. — On the first week in June, in each year, the three respective boards shall appoint so many surveyors under them as may be necessary and give them such directions respecting the performance of their duties as may be requi'-od, which directions such surveyors are to obey. t. — Each surveyor, within a time to be appointed by the board, shall make a list of all persons liable to perform statute labour, and of the work for which such pe» sons shall be liable ; any wilful omission in this respect occasioning a loss of labour, shall be made u)) by the surveyor guilty thereof: provided that every such surveyor shall be at liberty to etiploy any persons so liable to assist him in making such list, ani shall not himself be liable to statute labour. 7. — Any surveyor negligent, or remiss in his duty, may be dismissed by the board, and fined forty shillings, which shall be levied by distress and sale of his goods and chattels. 8. — The board lor the central district may appoint one surveyor for the town of St. John's, at a salary of £16, to be paid out of fines and com- position money collected within the town. 9. — The several bo.irds may make order for altering, widening, or shutting no any old road or lane, or opening any new one, so as such alteration shall i.ot occasion the removal of any building over the value of ten pounds, and may also employ statute labour in removing any house that may lawfully be removed, and re erecting the same in another situation. 10. — Compensation to be made to any person injured by any such alteration by assessment, to be levied in manner prescribed by the 4 Will. 4, sess. 2, cap. 6 : the amount of such compensation to be fixed by the road surveyor and two arbitrators, of whom one shall be appointed by the party grieved, and the other by the board. ROAIXS AND BUIDCES. 8 Vict., c. 3. — An Act fo regulate the maftwg ami repairing of roadc , streets , and bridges icithin this co/onv.—['23a April, 1845.] Sec. 1. — All monies hereafter granted for roads, streets, and bridges, to be expeni .ed under provisions of this act. 2. — Governc- in c, uncil to appoint boards of road commissioners for several districts, or any road or street Uierein j and the chairman thereof; and to sup])ly vacancies. 3, — Governor to fix number of quorum of board, who are authorized to construct and repair, and (with approval of board of control) to alter ROADS BKIDuES. •07 roads, Sec. — to ai. absenting himself, or neglecting his duty, shall in aU cases (not of absolute desertion,) fo.feit at the rate of two days' pay for every twenty-four hours of such absence or neglect ; and every such seaman absenting himsdf without leave after sitj^ring such agreement, and belore discharge of cargo at port of delivery, shall forfeit one month'* pay i provided that the particulars of such misconduct shall be entered m the log-book, and, in case of dispute, be substantiated by some credible witness. ' 6. — In eases where seamen shall have continued to be paid by the run, tho amount of forfeiture for such misconduct as aforesaid shall be calcu- lated as follows :— If the voyage exceed a mont' the forfeiture shall be in such proportion to the whole wages as a month or two dav. respectively, bears to the whole time employed in the voyage j if the time spent m the voyage do not exceed one calendar month, a for- leiture of one month's pay shall mean a forfeiture of the whole wages, and so with respect to a forfeiture of two days' pay. 7.— Any such seaman deserting his ship shall forfeit his clothes remaininir on board, and all wages then due, provided such desertion be duly en- tered in tlic log-book; absence within t .-. enty-four hours of ship saihng under certain circumstances an absolute desertion, and any cxpeuic to which the master may be put in procuring a substitute may be recovered from deserter by summary proceeding. B. — Any person harbouring a deserter subject to a penalty of £10 ; no debt cicecdiin; m,, shall be rccovcvable Jiom a Kamau uniii the close of m i 510 SEAMEN. jtr> ' I ft ^ 10. 11. theroyape, nor shall it bo lawful for anv such debt to detain a Rca- man s clothes; any Justice mav inquire into the matter of anv complaint for any such detention, and may by warrant cause the clothes deUiined to be seized and delivered to the owner. 9. —The wajjes of every seamen to he paid within three days aft.-r delivery ol cargo, or withm ton days after dischar- AH penalties for the recovery of which no mode is hereinbefore defined, and not exceedinf^ £10, may be recovered with costs by summary proceeding before two justices, and enforced bv distress, or by commitment of the offender, and all exceeding £10 may be recovered with costs in any court of record in the name of the attorney general; all penalties not hcreinbclbre appropriated shall be paid half to the informer, and half to the treasurer of the colony : provided that the court, or justice adjudicatinp-, may mitigate or reduce any penalty to one-half; prc.ided also, that all proceedings shall be commenced within two years after the offence, or w ithin six months after the return of the offender, or of the complainant. Schedule of forms. Seamen and Fisheumev. G W. 4, c. I.— An Act for thq relief of Sick and Disahled Seamen, Fishermen a fid other persons. — [soth March, 183G.] Sec. 1. — Provides for election of a board of fifteen directors in each electoral then owners nnd masters of all vessels owned in such district, together with planters and boat-keepers, on second Monday of Mav, after ten days' public notice by a justice of the peace, to meet and tki.t directors from among themselves ; i)laces of holding elections named; justice of the peace may name subsequent day in case no election shall have taken place. 3. — Directors to serve four years ; new .^lections to take place every four years, in manner, aforesaid. 4- — Directs that all rates and dues collected in ca 'i district, together with all other monies, goods, and chattels, lands and tenements, which shall come into the hands of the several boards, or be appropriated towards the endowment of the several hospitals to be founded under this act, shall be vested in the said boards for the use, benefit, and support of the said hospitals. 5. — Empowers each board of directors to elect from amosig thcmrclvcs a president and vice-president, and to appoint a treasurer and sccrctarj-, with s-uch other officers as may be necessary, and to provide medical attendance upon the sick received into the said hospitals, or who may be ordered to be relieved as out-patients. 6. — Empowers boards to make rules and regulations as to the manner of receiving and disposing of rates and dues; and of granting relief to the persons entitled to the benefit of the act ; for tlie management of hospitals and the times for meeting of directors in their several dis- tricts, and other general purposes : provided they be not repugnant to this act. 7. —- Directors to appoint collectors of rates and dues, who shall give security to the satisfaction of respective boards 1\h- all nioiiies received by them ; empowers collectors to receive all rate ; and dues imposed by this act; and to keep books of account; of all such sums so I I i| 212 i(i H }■ li 4 ^ ! s 1 f T m SEAMEN AND FISHERMEN (HOSPITAL.) received, will, the names of the srnmen, fishermen, and other pereon-i U.O r™,'TV''*' Tr\r'^ .''^l' »^«^"«"t for nn.. ny. lor eaeii fishnig Ecison. i / • 0.- Directs thr.t the master of every vessel, and every planter and other person carr,n,s on a ishery in this colony, shaft Jtop .nd retain ou[ ^rnnlrn n"' ° *'"-■'• ''^'',"-''"""'. -"I'orcman, scaler, and icrvant in his aT, I" n"'- ''V "'"' ''""" l'"*"^'" •"» aforesaid;, and shall keep r. s In,; ■^"^''/^■^»Hn, .vc. J and a correct account of all sue. r^ fT . r/'"" -"^ -y '""/ "'»' "*'"'" P»> to tho collector of Sh •[ e , ; I r^N'^-t've .hstnct the full an,ou,lt of nil such monies, 10 , which shall be tcnhed before a magistrate, lYronuircd by tho mirso', •" •\"-'^^"»r.! l'<^""l'y/or non-perlomance, treblo^ho amount so retained, or which should have been retained ; penally for om.tt.ng to s'op dues, the full amount of such respeclJ J ra'e or ,luo 10. - 1 rov.jles that rates and dues payable o. account of seaman o'!bl I u l^r.'"^T^r/" " '''"'l^l \"5"*^'° «'"'" ^'^ r»»lo» the arrival of "i InVinnt r n' '' .'•'^"''"^«^' "\ this colony J and that such %e!.sel shall not be entered unvanls until n receipt for tho payment of or'tir;;;,""".''^ '-^ ?'' 'f'T' '^''''< ^'"'" ''"ve beeif ;atd S^evsh^ '-''^l '"'"•'' '^'F"'""*"^"-^'''^^'^' or to such person a, slZy '''•""" ^° ''?!'■' ""^ '"'"'-' ■' ="'J «'• rates payable by any TZr ?, •'■•''•"'■ 'Tr'^ '" " '"""''"« ""• ^'••"''"8 voyaie.'shall be paid atthec ncIusiouoMhevoyage: and all rates j.ayaldt; by fishermen. " '^•. 'l"^! other servants, shall be paid at the conclusion of the oVnc'l lutes lor the district in which such vessel' shall bo "■ ■~'n'lf,iV''"' "rT """'"?• «"''"•"'=;"• "n*! other personi who having paid lates, a .1 vim may be aflhcted with sickness, or who may have incurred bodily miury, shall, on aj.plication to tho board of rccfo,^ of .h«t„ct m whicr, he shall then be, be entitled to such relief as hU cl ITh^ r*^"""' ' -"^ *''S^r^ "': ""'' ^>'^t"^' «hall be entitled to dUrer;^, ^'h-"r'' T"""'^ ^'"'-T^' P'''"'"" """"^ ^^e board of the (l.stutc in which such person paid the last yearly dues. ~ oZr nni^o.: r"'' '" ''"'"' T'^'''''" ^" ""^ ««''"»«". fisherman, or nen f .r . '•" ""'^' '-"I'l^'^t the same, of the payment of such rates, ^f ,11 I n, .r; I V"^"' ^"1"'''-''>^","K ■'*»ch certificate- to be deprive. '^f all bci.efit to Ijc (Icnvcd uudcr this act, and shall, on conviction, be SEAMEN AND FISHEHMEN. SHERIFF. «!» I I Impriioned for a period not oxcecdinfr three montln : providrd Omt no piTKon kIi()11 bo entitled (o Hiii-)i ccrtilicato nftcr thv cxpirntioti uf lis monthn troin tliu time when ho Hhiiil hnvc jmid \m rAtci. 13. — Diu'clH that .4 nctionH ri-lnliiif; to the oWint of honpitnN ohnll Jm hroiiuhl nj;!iiiist tlio oi'vcnil liniinli hy tho Ktvlo of" the Dircclors of the llonpilul," iind thiituU di-btN under £'M •null ho hennl and (h'tor- mined in a Kni.nnnrv wuv before one or more justiecjt of the jienei) ' residing in the diHtrict where tlie debt hhull be luie, and Hhnil be levied by dinlrcsR nnd Hide of the jmrtj'H ^oiidH, tojj^etlier witli coHtK of suit t ])er.altler and forfeitures incurred under thiH net HhuU be tiued for nncl recovered on tlie eoinidainl of the culU'otor, or .,ilier oflicer nj)pointcd by encn boaid; one-hulf penalties to Ix; pnid informer, tlie olhor to be annlied to the ukq 'jf the hpnpital uf tliu district where such penalty nhall liavo been incurred. 14. — Hoards of directors to lrunK;.;It their noeonnt* nn tho I*t Decemlior in each ycnr to the govtrnor, to be laid before tht lef;islafnre, fitatin^ the number of persons puvin;; rates, tho rniount by them received, to be in tho form in the tchcdulc marked .A, and now the «uuc havo been o,)proprintcd. 7 Vict., c. 13. — An Ant to provide for the. coVvtion and appro- priation of all inontvs stopped or detained by atii/ prrxon or jiersotis by ti>-tuc of the prorixious of an art passrd in thr . sixth year of the reiyn of Ills hit". Majesty, entitled " An , aetfur the relit f of sick and disabled seamen , fishermen and other persons," and not aj)pro2)riatc(f to the purposes of the said act. — [20ih April, 181 1.] Trcamblc recites that in severoldistricts the Oct C W. 4, C 1, hnd not pone into Oj)crtttion, but vorions sums of money hud from time to time been stopped and detained under it, und that h was ex|>edi(!nt the ia!no should Ik) appro])riuted to the purposes after mentioned. See. 1. — Governor to u])pi)int one or more slijiendiary ma;;JKtratc» in distrirts referred to, to receive from nil jinrlies who have detained and st(.p).ed dues, &c., the amount thereof, and n full atrount of tin? same on oath, and to jKiy over the amount so received to the Colonial Treasurer. 2. — Parties refusinn; to occount and pay over may be C()ni|)elled, by order of any superior court on petition on oath to be fded by the rollectinj? nia^'istrate; titu urdcr of the court to be enforced by process of con- tcm])t. 3. — iSIonies collected under this net tp be appropriated towards relief of indifjent, widows and orjlians or other i)oor persons in the districts ni which the «ame shall have been collected. » Sk.ssionw Colkts, Fees in. — See I'oli'm ()/ficc», SIIKUIKKS, appointment of. — See act 10 Vict., c, 0, ante page 115. Sm:uiiTs' l''i;r.s, commutation of. G Vict., c. 22. -rAn Act to commute, the fees received by the Iliyh Sheriff" of this colony, and to provide for the salaries of the said tbheriff' and his dtpnties. — [22dMny, 1811.] Seel. — All fees and costs by any law or rule or order of the supremo court taken and received by the sheriff, to , paid over and accounted for to the Treasurer of the colony in suii manner as tlie Governor may. in that behalf direct. I 214 ST. JOHN'S (GUNPOWDER. MECHANICS.) hil ?« ^ t° 'weive £7^ .alary and to coTcr incidental expenses of „fV . Vr ? «"P';'^™e "^""f'. centrnl circuit court, and sessions court or central district. Deputy sheriff of Northorn district £2(K) for salary ana incidental exnenscs.-of Southern district £130 for salary and incidental expenses. ' ^ X'^; ~ ■^n^ *° ^"^'^ **^'"'' ^"^'^ ^** Januarj-, 1843. fawif™^ ml. ?,!"'. '^ Vict., cap. 3, regulating th. appointment of sheriffs. July!?8.?7. ^ ^ ^^ "' " '"'P*"*^'^ '■'°"» anil alter the first Monday ia STATITTK LtBoiR.-See Itoa./i and Highwam. STREETS.-See lioad,~St. John',-Uarhor Urac^Carbonear. « ,y . St. John's (Gunpowder in.) o VV. 4, c. 2. — An Act to precent dangerous qtiantities of Gun- potcdcr being kept within the town of St. John^s.— [27th March, 1833] Sce.l.-Prohil,iu persons from keeping more than 25tbs. gunpowder in any house, sliop, &c. in St. John's, or within oi.o mile tliereof, (all build- ings adjoining each other and occupied together, to be J.-eraedone nnnnfnV"n "f t ["""'f '".^ "t Crows Xcst, or other public magazine o "PP°'"tcd by law^ful authority. - " -. - Not mo. e than 26 lbs. of gunpowder to be kept in any ship, boat, or ve'.sel longer than 24 hoars after coming alongside of a *horf or other vessel, or being moved within 50 lathom« of anv wharf or other building ; ller Majesty s ships cf war or veft, ;s employed in the public service excepted. • * 3. — Magistrates on complaint may issie warrant to search houses anU places aim vessels in which deposit of unlawful quantities is suspec- ted ; may break open house, &c. and make search therein, and seize any greater qu.mtity of gunpowdei- than is allowed by tl.is act. Magistrates to summw owners &c. and on conviction to confiscate gunpowder. Constable authorified to sell, one half proceeds to go to the informer, the other half to the support of the St. John's Fire A. r^^°™,P^""^^ ' constable or person seizing to be a competent witness. 4. — UHenders against the provisions of this act to forfeit for first offence, £10 second £20, and third £30; one half to person suing, and the other for the support of tlie St. John's Fire Companies. Prosecution to be r ^"^"'" 1"- 'nonths after forfeiture incurred, o. — Rates established for stowing gunpowder in magazine: barrel 2s. 6d. half-barrel Is. 'jd., i, larter barrel Is. currency, for one year. Beyond that time, 2s. 6d. per cwt. jior annum. C. — Gunpowder in removal to magazine to be water-borne so far forth as It may. ■ ... - - St. John's. -- Mechanics' Society. 4 W 4, (Session 2), c. 22. — An Actio incorporate the St. John's Mechanics' Society. — [loui J,mc, 183!.] &CC. 1. — Incorporates certain persons by the name of "the St. Johns ^ Mechanics' Society," with power to make bye-laws. -. — Corporation may hold real and personal estate, not exceeding £800 per annum. 3. — Election of officers to take place annually on the 3d. 5Iarch ST. JOHN'S (RECUILDIXG.) 0&1O iiicctions S»c. 4.- C- 8.- 9. - 11. 12. 13. 14. IG. 17. 18. 19. 20. 21 St. John's. — Re-building of. Vk'T., c. 3. — An Art to rcnilate thn rr-hu'tldiixj of the totcn of St. Johns, and tlw uraimtf/c avd sctcnayi' of the same, and to repeal certain acts therein vwntiuned. — • [4th AuRUSt, 1810.1 Ist, 2nd, 3d, 7tli, lOth, 15th, nnd port of the 5th aud 12th sections repealed by the 10 Vict., c. 1, s. 1, and new provisions substituted in lieu thereof. — Alter the streets, &c., are laid out, and compensation tendered, and notice in the (htztitv, ground included in streets to become public property ; all erections thereon after the first day of May, lH-19, to be deemed public nuisances, and be abated by order of any two stipcn- diar)' magistrates, who shall I'urnish assistancoof constables and others; offenders also subject to yiiui&hnieut by kw inHicttd in cases of public nuisance;. — After Ist May, 1849, unlawf*jl to build or er<- n any building or erection whatsoever, other than of brick, stone, or other uniiiSammublc mate- rial, to the southward of a line parallel to and GO feet to the northward of Duckworth-street— [sec 10 \'ict., r. 1 «. l.J ; erections, r, hur than herein J.irccied to be deemed nuisances, and treated as by sec. 4 ; provided that stages and Hakes of wood, and used exclu.sivelv in carrying on the fishery, may be built to the eastward of AVoodley's Covi', or westward of Newman's. — No buildings to be erect t'd within twenty-five feet of centres of Gower and other streets, when declared mam streets by Governor and Council. — All buildings of any kind erected on firebreaks within the burnt distiicl to be abated as nuisances. — Governor to appoint general supervisor of strcetB, to be sworn ; to have a salary of £300, and his office to continue for five years only. — Compensation for ground taken for widening streets, if under £2.>, to be paid by warrant on the treasurer ; if above that sum, by a treasury note at five per c nt. interest, payable in ten years, or upon three months' notice by the treasurer. — Expenses of drains and sewers to be raised by assessment. [Provi- sion as to salary of suporviscr repealed.] — Appraisers for assessment to be appointed by the justices ; . assessments to be recovered summarily. — All drains and sewers under this, act to be constructed by lender and contract. — Repeals 4 W. 4, c. 3, 4 W. 4, c. 3, 3 Vict. c. 8, 3 W. 4, c. 3, and 5 W. 4, c. 8. — No person to build or con^njence to build without two days notice to supervisor, or neglecting to obey his directions subject to penalty of five pounds ; any work done deemed a nuisance. — Supervisor to regulate party walls. — Governor to direct suitable levels of streets to be taken, by which all parties are to govern themselves. — Party walls to project 12 inchts above the roof. No wood or inflan - mablc material to be within 4', inches of the outside of building, sa^ i door and winnow frames and isaslies, and roof boarding ; chinuiies t • extend two feet above the ridgepole. — Cornices, piers, pilasters, &c. m;u' project beyond line of stieet, if c_ uninflammable materials. MOl ;,'io ST. JOHN'S <.REnUILDING.) U -.-A substantial ia.l. c, to l.c fixed to the roof „f every houw. txecnt 01 «*,"*' Kco»sU, the roof from within is provided. ' ' ' 23. - Side path, in AV ntcr nn.l Duckwo-th Hrcl.t« to be ten feet wide 25.-N0 buildinj^ ,0 be conMructed ,o m to ol«tn,ct the line of fire from iCl n oT "'"^ ^'"r"''^''' P'"'"'*''* •compensation be tendered b^ l!rv?n?c«ptT^"'I3^r^°"°'^^ o.„.cert-.-..ing comper.ation. Z ^^'~\ioX-£Zlf"'''''f'''^''^''^"'''^ from, except the de^crip- •^J' - TenrtThnM-^ n« Mcertalned bj ■^■~V,°nT"i"-'"" """J" j'f .'-^'Covered in an action of assumpsit ngninst the landlord m case of his refusal to arbitrate, or disagrCemcK Lbi- '^•-^Srworfl^.'±t"'''' '■'"■• '^' J^";P"'^' ^' ^'"^ «"='' commencing Jiennie s mill bridge, thence by Mrcam to Quidi Vidi Lake tlienre tn rdnanee boundary line. Signil hill .ond, tlience by the O.'u 1 ne o Harbour, an, thence to place of l,eginning. ^ ^'*, 31. -Houses of ]t<.l|erf I'rowse, Jame.Cullen, and AVoJter Dillon excentod « ^f T//^ M. m>;, 0/ Her j^rcsent Majesty, entitled An Act to regulate the rchmldvw of the town of St 10 i;->*t^^*n ST. JOHN'S (REBUII-DING.) 217 a.— 4. — New Oower-strect to run from the Theatre to Flowci-hill firebreak, to be fifty feet wide; GeorKO-Urcct to extend from Flower-hill lirelircak to Williiims'H Lane, and to be fifty feet wide ; nil houses on the south •tide, nnd to the douthward thereof, to hn of uninfliimmable matcriulH. Uuidi Vidi fiiobreak ti be sixty feet wiile from the harlxuir to Diin- fcomb's UiidRe; Hill of Chips firebreak, nixty feet widej Kin^'n Ueach firebreak, aii rtn the 8lli of June last, oxcept from Thomu* Murray'* to Miehael Foley't, where it shall be bounded hy a nirai^ht lino I from Ducknorth-strcet to run to the Militor)- Itoad ; I'reiieott- Btreet firebreak, from Water to ])urkworth-street, a»on the HUi June, — a Kpace equal to the width of McLarly's Lane to be addi from Ifuckwoith-Rlreetto 'un to the Queen'H Jload; Church-hill fiidireak, Roulh of Water-street, shall be 80 feet wide, and north thereof to Gower-street, 100 feet wide from the present western boundary, thence to the rear line of town a» laid down by commissioners— not to ntfect new cathedral ; McHride's Covo firebreak to be as on the 8ih day of June last! Deck's Cove firebreak, to Duckworth-street s on tlie 8th June, thence to Oower-strect GO ft et wide ; Codner's Cove firebreak, «>0 feet wide from the present \rcstern side line,', to run to the Penny well road, and thence to rear line of townj Queen -street to be 00 feel wide ; Stuart and Kennie'n Cove GO feet wide from the western boundary line; Flower-hill firebreak to be GO feet wide, to nin from the south-east angle of Newman's house to Mr. Ilutehings', llicnce to the Lazy IJank road and rear line of the town ; Gas AVorks and lUver-hetd '' ' aks, as laid down by the commissioners; Gregory's 1ai\" to be w. '"ncd to 20 feet, i>rovided the compensation do not ei.ceeu £100. Sujiervisor to cause bond stones and stakes marking lines of streets to be put down ; parties damaging or removing them subject to fine not exceeding £5, or imprisonment not exceeding ao divi. "• Parties prohibited from building >vithin certain «1. stances from the centres of fire})rcaks and ptrcets not yet to be oponec'. No party to build within limits of streets nnd firebreaks, whetlicr they have been compensated or not ; all such bufldings to be abated as nuisances or. a summary proceeding before two justices ; parties offending ah o liable to fine of £5. To ascerltiin amount of compensation to be made for ground, &c. taken for widening street ; propt-iotors of gmund necessary to ht- taken to meet under a proclamation of the Governor, a.id elect two appraisers; Governor ni Council to name two other B])praisers, the four apjimisors to choose a fifth, and, in cane of disagreeing, Governor in CoW^cil to nominate; the five npi)raisers, wlicn sworn, to appraif;o the value of ground taken, and estimate domiige occasioned to anv i)arty ; award of appraisers to be final, and compensation tc be paid as directed by the said recited act ; apjjroisfers may mark off adjoining ground to first propriet'-.r in lica of compensation. — Vacancies among appraisers to be supplied in the same manner as they were originally chosen or appointed. — Appraisers may examine witnesses on oath; req- 're tiie ])rodiiction of deeds; proceedings to be open to the public; no compensation to be paid to any party for any hou-,e built since the 9th June, except a sufficient sum for the removal of L. Gearan's hous6. C — « 8. P.- 10. < 11. ;ii! 218 ST. JOHN'S (REBriLDlXC. VOTERS.) » 12. — Not compulsory '^ widening streets to remove buildings erected prior to the 9th June, without previous approval of Governor and council, and exjiense thereof not heavy; not to aifect buildings referred to in IJlsV section of recited act. n. — Appraisers to be paid £WM) in full of all expenses and contingencies. 1 *• — No interference with ordnance boundaries or communications, •without i)ermission of Board of Oidnance, and payment of compensa- tion, if lecjuired. 15. — Compensation for interference with rights of parties where buildinj^s would obstruct line of lire from Forts William and George, to be as- certiuned by arbitration. 16. — Interest on Treasury notes to be payable half yearly, on tlie last days of June and December. 17. — No new private road iiorth of Duckworth street and New Gower street to be less t!ian twenty feet wide ; parties buildinp before laying down sills to give six days' notice to the supervisor. Offenders subject to fine of not less than £5, nor more than i'lO. 18. — Governor and Council to declare streets to be of certain widths less than 50 feet, in the same manner as streets of 50 feet width by said recited act. 19. — Tronrietors of dwelling houses not providing ladders as required by 22d section of recited act to pay a fine of ten shillings. 20. — Parties using wooden wintlow or door sills after Ist May, 1849, to pay a fine of twenty shillings sterling for every such sill. 21. — Form of summary conviction before magistrates prescribed; magis- trates to have power to i nforce attendance of witnesses. 2-- — To iHovide means for de(V;iying compensation beyond £20,000 jjrovided by the recited act, a percentage of £10 to be levied oil every £W0 of (luties collected o-i the importation of goods, i^c. into the port of St. John's ; to be collected under means and powers of llevenue .Act 9 Vict., c. 1 J said per cenlage to be in addition to any duties imposed. 23. — Treasury notes to be issued for compensation beyond the £'J(),(K)0 in same manner as by the recited act directed ; and" to be discharged out of monies to be collected under preceding section, which are to be paid over to the Treasurer for that purpose! 2-1. — Additionrd duty or per centagc to cease after payment and discharge , of amount required for compensation beyond the sum of £20,000 in the said recitied act mentioned. ScnEDlXES. — Oath of appraisers, and form of Treasury note. St. John's, (Vot«rs in.) 9.& 10 Vict., c. 9. — An Jet to present the JisquaVificaliQn of jin- sons entitled to vote at elections or to nerve in tU- General Asscmhhj for the distriet of St. John's. — [4th August, 1846.] Sec. 1.— No person having been the occupier of dwelling-house destroyed by fire on the 9tii June last, and in other respects qualiffed to serve as a member of the General Assembly, shall be disqualified from being elected as a memher by reason of not Iinving occupied a dwelling-house for two years next preceding any such election. 2. — Similar provision ns to electors. Ji. — Nothing herein shall qualify either candidate or voter who would no^ have ijccn qualified ii'such fire haduot occurred. TREASURY NOTES. WATER COMrAXY. PA9 , 4. — Act to contlnuo in force three yenrs and no longer. St. John's Wateu CoMr,VNY. — Sec W- 'er Comjmni/. THF.ASUUY NOTKS. & 10 Vict., c. 5. — An Act to authorize the isstie of Treasurij Notes. — [Uh AuRiiHt, 18 JO.] Sec. 1. — Governor to nppoint three commissioners to issue Treasury notes to the amount of £20,000 in bills of £10, £'!<>, and £oO each, bturinf; inte- rest at 5 per cent., signed by Treasurer, and countersigned by Com- missioners ; form of note prescribed. 2. — Notes to be issued in discharge of sums payable under acts of the Ge- neral Assembly at the option of party receiving jiuyment. To be received in payment of Colonial duties at their spccitied value, and interest to be computed and allowed thereon. 3r — Treasurer to indorse on notes the day of issue, to bear interest from tljat time. 4. — Time of being received in payment of duties to be noted also by Col- lector ; not to be re-issued. 5. — Forging or altering notes punishable by transportation for life, or im- prisonment and hard labour, at the discretion of the court. G. — Notes to be j)aid off by Treasurer in GO days after notice in Royal Gazette ; all interest to cease thereafter. 7. — On payment of note for duties no interest for a fractional part of a month to be allowed. 8. — Governor may by warrant to. the Commissioners within two years after passing of this act, authorize them to issue new notes equal in amount to those paid in. 9. — Treasurer and commissioners authorized to contract for the printing, &:o. of notes directed to be issued by ihis act. VOXERS.— lUgvJtration of— Sec Ekctwns. 9 Vict Sec. 1. - 2.- 3. - 4.— 5. ■ 6. 7.- WATER C0:SIPANY. ,j c. 8. — An Act for the Incorporation of the St. Johns Water Coniprnij. — [-iStu April, I8t6.] - Certain persons incorporated by the name of the " St. John's Water Company." - Capital sto'ek to be £6,000, in shares of £10 each. Stockmay be in- creased by further sum of £0,000 by one or m.)re instalments. -First gencial meeting to be held when 500 shares are subscribed, for choosiHg seven directors being each stockholders of ten shares, and to establish rules and bye-laws. Directors to continue in office until first Tuesday in May, 1847; suc- ceeding directors to be chosen annually on the first Tuesday in May, and general meetings to be held annually on those days to examine accounts, declare dividend, and transact geneial business. Three directors to be a quorum, to chose president and vice president, and supjjly vacancies until annual general meeting. Directors to appoint officers, ice. and regulate salaries, and generally manage uflfairs of corporation. Stockholders to have a vote for each share not exceeding twenty j ttmon;j directors president or vice-president to have a casting vote. 930 WATER. WEIGHTS AXD MEASt'RES. H § — Stockholders may vote by proxy aj)pointe(l by writing. — Stock to be personal estate, but no assif;nment to be valid until regis- tered ; stockholder assigning all Iiis shares, to cease to be a member of tlie corporation. — Shares in stock subject to altaclimont, or execution, by service of process on president or vice-president ; any oflicer to be examined as to interest ol defendant. — Stockholders liable to debt in his private capacity in a sum equal to the stock held by him ; joint-stock, nevertheless, liable. ' — Proceedings to be had in case of dissolution; liability of stockholders to continue only two years thereafter. — Ten stockholders of 100 shares, or four directors, may call general meetmg, givi'.g ten days' notice of t:.ne, place, and object of such mectnig; ■ ; ■ ^ — Company empowered to trench streets to lay pipes, &c. &c. — On tender of compensation, to enter on and take possession of land of. private parties for reservoirs and mains ; land so taken to be property of com])any. Parties dissati.sfied may bring an action of trespass within three years ; evidence may be given oif compensation tendered. - Company may pay money into court in any such action. - Company may carry' pipes over int' mediate jiroperty ; to uplift common ways, doing no unnecessary damage, and making satisfaction to owners, &c, ' • Persons defrauding the company of water to pay, besides value of water, a penalty of £10, reco'erablc by civil action in a court of record, except in cases of fire. - Persons wilfully damaging works, i0W1N lORCE AND .NOT EXECUTED TV -rirr. ^„^''" ™^-^°^AND WHICH THEY WERE PASSED ' '"^ ''"°*^" ^^ ^^^^ ^^ laaf'sV? t n •'^•"^^-^'^ °^ TmE. • Rkkkkexcexo 1«J3.— 3 M. 4, c. 1— Quarantine ... t> ,«„ I :: J-Sf-J"h»>. Gunpowder storage..;; ^"^'\\\' , "'''^°"y,<^'"'"<='> i"^'re Companies igt M ,. ,, ~ " Streets ' yac- b-Barnstcrs qualification ; ; ^J?. \WV\ _4 w ^ l"-Celpbratioii of Marriages .... ^loi 183J.-4 W._4. c. 2--Harbour Grace Street«''r«m.nV,«;«i; ! ; ' " gl t~T,,''"^"'"' Gunpowder Storage 17? 5-Harbour Grace Fire Companies (amend- 18-54— ^o,,e" V o~?™?!? ^°^^' ^■*=- «n"exation ■.-■;. ]°* lbo4.—(2dScss.) c. 2— Ice Channels \'\ « ' « f~?^;J'°"'' G'-ace, Gunpowder Storage" .;■■ 185 „ 5— Banishment •'"'* :: ?-«°f « ^-j? Highways : ; ; .■ ; ; : ; ; ; ; ; ; ; ; ; ; ; oSl 8 S^ . Children, sup,,ort of f^ 8-nesertedPamilies, prote'^ionof.. 222 :: •• iV^::SS^ti''-:''- •••: :; " JtSSnJSr^"^^"^'-'-^'^^"^ ^ ." ,^^-S'"°^.««t«dB,ik.peal of Labrador Court Executed. •• 24 — Declaration of legality of collection of Duties Ditto. " 25 — Appropriation Act Ditto. " 26— Contingencies ditto Ditto. 5 W. 4, c. 1 — Quarantine Act (continuation) . ."Exphea. " 3 — Treasury Notes Executed. " 4 — Grant for Cholera Expenses Ditto, (never required). lid Sess., c. I — Revenue i Expired. " 2— Attachment Law Repealed by 6 Vict., c. 10. " 3 — Caplin for Manure Expired. " 4— Breeding of Wild Fowl Ditto. [_ " § — St. John 8 Fire Companies [amend- ment) Repealed by 9 & 10 Vict., c. 3. " 10 — Duration of Parliaments Disallowed. " 11— Clerk of Supreme and Central Court combination Expired. " 13— Appropriation Act Executed. •' 14— Legislative Contingencies Ditto. 6 W. 4, c. 2— Grant for Small Pox Expenses . . Ditto. " 3 — Encroachments on Fisheries .... Disallowed. " 4 — Ascertaining Census Executed. " 6 — Revenue Acts (continuation) .... Expired. " 8 — Pilots' Act (continuation) Ditto. " 9 — Quarantine Act (continuation) . . Ditto. ^ " 13— Education Act Ditto. «< 15 — Grant for Roads and Bridges Executed. *• 16 — Appropriation .- Ditto. 3. TABLE OF ACTS EXPIRED. &c. m No. or Act. SuBSTtxcr of Tmr I|J«ai.lowed, nKVE.^iM), 6 W 4 r 17 T .^''"''^•^^^''•«» TITLE. KXECflEU, 0* £xi'IBEO, I yiou'VUi^^::!^'''.':''''''"^'''^'' l«-f. « 2-Gmnt for 'toails and iiri.'iRcM .' ,' " ExecuU-d 3-In.pcction ,t PicUod FLsh {,y,„ fiiiualwii). . '->_•! '; 6-piiot,(««,;«^,;e„o".;;.:: ^^p^^"*^- ,'~^^'^'"^^^'^^ ('-""finuatioii) . . 'Ditto' 2 Vicf * ^ J-^JPI"-°P'-!'»li"n (in part) '. K,ccuted. - ^jcr., e. 1— Appropriation.... Ti,-,," 2-Ketcnue J*''.''"-, " J^GruntforRoadsandBridgcs.-.-.Sci. i< *— I'Oan for lloads Ditto .1 ^— K'lucation (flmc»dwe«,') .'.['_ ] ] ' Exviicd > Vict, 0. 'tKur'^""""*™™ »■»■, ;; 4-i;r<.te.ii„„„fite,„„„v. ■ SSf' 10— ])elcgat on Expenses ^Jwaiioweu. :: ji-j?^atj^fo.xiBn!,^^ant.;::::::^sr- -»">,i Q„. ^--tieneral Appropnatiou Ditto 7-CIaims on St! John's Road Coml "*'' fi-Tonnage Duty. ,f '=^f"f«'J- , 4 Vict., c. 1-Revenuo . ^' ^ J^'««- , ;; 5-PiiotscndPiiotago::: y^iif' " lS=!nde Jnuv '^ Incorporation . . '. l ' .^ .-Disallowod. 6 Vict., c. l-Kevenue.". Executed. i Crtf / ^°"''-r"'«l Elections . . Expired. 4-Grant for Roads, and regulation of ^ ^^^"^"'^''"^ Executed.' vi;t.f n; ^ *» ^"^ '-"^ -^»^ ^^ ->>-'> - ^un i« ^^ ... ,,ovi*io„s ..^e i, s ' 'W f 230 TABLE OF ACTS EXPIRED, &c. I)ISAI.1.0WKD, REPFAI.En, No. OF ACT. SlBST.V5.C15 Of TlTlB. EXECUTED, OR ExilHKU. e Vict., c. 6~Revenuc . „ . -^'P''***- " 9— Abolition of Oath» by Members of A»((cmbly Diwllowed. " 11— Salary of Clerk of Supreme and Central Courts {aiiutidiiicnt and ^ eontinuation) • • ExpJ-ed. « i4_piloi8 and Pilotage (eonttnuaUon und amendment) pitto. " 15_EncouragomentofWhaleFishcry.. Ditto. «« 16— Light Houses {cuntinuation) Ditto. " 20— Indemnity to Governor Executed. II 24— General Appropriation Ditto. " 25— Contingencies of Legislature .... Ditto, 7 Vict., c. 4-Copner Coinage ....•.•• Disallowe.l. 6-U^ht Homes (conUnuatum).. Expired. r. . n vict c 7 •I T_PiYoU (cmtinuation) Ditto. [by 9 Vict., c. t. .. gHoraS for Roads and Bridges .... Executed and partly repealed •I 14— Revenue {eontiiiualwn) Kxpired. .. 15— General Appropriation Executed. •• 16— Contingencies of Legislature . .. Ditto. 8 Vict, c. 1— Revenue ('<•<"«'!•«"<»'•<"») F ^'uted - 4-S for Roads and Bridges .V ! ! S.\sec. 3 rcpeal-Ml bv^ 9 9— Encouragement of WhaleFishery . Expired. > itt., c. < . j •I ii—LightHouses^ i>«'i«««<«o»-/ J^'"°' j " 1 5— General Appropriation Executed. II 16— Contingencies of Legislature Ditto. V Vict. c. 12— Contingent Expenses of Legislature Ditto. "' 13— General Appropriation^ . .^ . . . . • Ditto. 9&10Vict.,c.l-Loan for re-building St. Johns. J^fowed - « 2— Securing intercut on Loan Repealed by 10 V ict., c. i . a 7— Whale Fishery encouragement .... E.xpired. 10 Vict c. 7— Interest on proposed Loan ((•<;^;fa/)Lxecuted. H r'."?>-' — } if'. -■■:• i f ; 111 ADDENDA. As Iho Act r.f he Tmpcrial Pailiiimont 1 fieo. 4, c. 51, com- monly called til. .aiperial Street Act, is in force except so far us the later provisions of the acts of the Colonial Legislature have altered the lines and extended the width of the main and cross streets, and es^-^hlished regulations as to the materials of wliich housesi are to be DuUt, &c., I think it advisable to subjoin here a copy of it. The varying opinions which have at different times been enter- tained and expressed as to whether the Kith section of the 15 Geo. 3, c. 31, is or is not in force, induce rae also to give below the section in question, together witli the 1st and 10th sections of the late Fislicry Act (5 Geo. 4-, c. 51), verbatim. In order to arrive at a right -"'nion upon the construction of the repealing words in the 1st sccti \ of the 5 Geo. 4, c. 51, nearly the whole of the 15 Geo. 3, c. 31, s'lK^uld properly be set out ; but as my space is 'imitcd, I give, together with the 16th section, an abstract of the sections preceding and following it, and directly referred to in the repealing section of the 5 Geo. 4, which may answer the puipose. 1 Geo. 4, cap. 51. — An Act to regulate the rc-huilding of the town of St. John's in Nevfonndhmd, and for indenimfjinij persons giving vp ground for that ptapr.se.— [i.'nU July. Whereas the town of St. ^ohn, in the Island of Newfoundland, hath recontlv been visUed by very great and destructive lircs, th.c rava-^es whereof have beeii chitSy occasioned by the narrowness of the sticets, and the aifficulty of arresting the progress of the tlames ; And whereas it will greatly contribute to the conTe- nience of the said town, as well as to its future securitv, if certain regulations be made fo. the rebuilding of such parts thereof as have been destroved, and also for the enjction of any houses or buildings in the said town hereafter; Beit therefore encted by the King's Most Excellent Majestv, by and with the advice and consciil of the Lords Spiritual and Temporal, and Commons, in this present parliament assembled, and by the authoritv of the same, that the lower street in the saul town, commonly called Water-street, shall not .e less than fiilv feet in width 111 every part thereof, exteiiding from th- hou^e and fores occupied bv ^m lf^%. IMPEUTAL STREET A(;T. U; • r Brown, IIovlos and Co., at tlie East end, to tho jmlilic Ships Roc called the V.'estern Ships Room, at the West end thereof; and t oni, cfi'.v.monly that thf tijipcr street, commonly called Duckworth-strcef, sliall not be loss tiian fortv feet in width t and that all ana every houses, stores, erections and biiildin;;s whatsoever, built and erected since the first day of June, 181b, or which shr.ll at any time or times liereaftcr be erected and built in the said street or either of thorn,' whether the same be upon any vacant spot of ground or upon the titc of any former building-, sliall be made to conform to the width of the said streets, as tlie same is respectively hereby established and direcfed; provided always, that nothing herein contained shall be construed to extend to any house, store, erection, or building, which, since the first day of June, 1818, may hare been or at any time hereafter may be erected in "Water-street aforesaid, the same bein;v built and made entirely of stone or bricks, and covered with slates or tiles, and always having a clear width in the said street of not less than forty feet. n. — And be it further enacted, that there sliall be four cross-streets or open spaces to ser\-e as fire-breaks, and intersect the said streets called Water-street and Duckworth-street as nearly as might be at rijjht angles ; and that all and every of the said cicss-streets shall not be less than sixty feet in width, and shall run iu the following directions, that is to say, the first or western cross-street from the water-side, in a line with the corner of Dinah lillliott's shop and ?»Iaddock's Lane to Duckwrrth-street; the second from the waterside running in a line with tho corner of James Clift's and I'erkins and Winter's tenements leading upthe Church Hill ; the third to run from the watorside between Clapp's and Keen's properties, lately held by George Niven and A. Clinmbeis, the middle of the cove to be tlin centre of the street, through the ground lately oeoupied by AVilliam Barnes and others ; and the last or Plastcrn street from the Ordnance 'Wliarr u]> to the King's lload I and that no house, store, erection or building whatsoever, shall be erected or built so ps tofiont above Water-street, upon any or either of the said cross- streets, but that the same shall be and remain open and free from any buildings vvhatsovcr, other than the inclosures thereof; and also, that in- case any other cross-streets may be hereafter re'(uired as a security against fire, upon the same being marked ou' nid presented by the grand jury, "and approved by the governor lor the time being, there shall be such other r!oss-streets or firebreaks, of the liko dimensions of those hcrcin-before mentioned, md according to the boundaries so presented and approved; and the gromid and )iroperty necessary to be taken shall be cstiira'ed and paid for in like manner as is hcreinaficr mentioned ; provided alwayS; that nothing herein contained sliall aiilhorize the taking of any fishing- room, flakes, or any pari thereof, which may be actually occupied and "employed for the purpose of curing fish. III. — And be it further enacted, that it shall not be lawful for any pcrsoJi or persons, at any time or times hereafter, to buihl, occupy, or use as a cooper's siioj), any iiouse, building, or jjlaee whatsoever, in any or cither of the said streets heie- inbcfore mentioned, or in any maniirr adjoining or connected with the same, excepting only sucis temporary shcili or coverings as may be erected u];cn any wharf or wharves for the trimming and jirejiariiig of casks or other articles of cooperage for immediate use end shipment. 1 > . — Am whereasitisjust andpropertliat .such persons as may have .sustained any loss of property by reason of the same \k ing taken in the public streets hereinbefore mentioned, should be remunerated for the same ; be it thcreforu enacted that it «hall be lawful for all and every of the proprietors of houses, tetumcnts and lots or Tiarcel- of ground lying and bi.'Ing within the '.own of St. John, in riie l-land ot N'ewfoundhiJiJ, ii:;i uLo lor ;.;i ;a;d euiy tf tlie iuid proprietors of nucli portion^; IMPERIAL STREET ACT. 333 of gvouiid as liave boon or may he neccssarj- to ho taken for tlie iniviioso ormalJiin' and widenin- the said streets as aforesaid, cr their agents usually nog'!!" in tfieil- iK'Iialf, to meet at such time and place as the Governor of the said Island of \o\v- loni.dlana for the time beinu; may for such purpore puWiclv notifv and appoint ■ and then and there to choose four persons, (two whereof to Ijk cliosoii by i ho lirst-mentioned propnotois, or the majority thereof which mav be a.-'Kcnibled as atoresaid, and the remainmg two by the last-mentioned proprietors, or the miijuriiv tiiereof, or their agents as aforesaid,) who together shall have power to elect a fifth jierson as umpire ; and which five persons so chosen and elected shall thereupon after beinR duly sworn in such l-ehalf before the chief magistrate of the said town for the time being, be appraisers, and si all forthwith proceed to appraiso the value of all r.nd every such portions of ground as have been or may be necessary to be taken for the purposes aforesaid, always takin- into account the additional value derived to the several proprietors from the cnnvcnicnee and security afforded by the widening of the said streets; and that the said appraised value shall be deemed and considered as the true value of the said portions of ground, and shall be paid by all and every the proprietors of houses, tenements, lots and parcels ofgi-ound, lvin"-and bein' within the limits of the said town of St. John's, in such proportions; wi'th rcfermce- to tne value of their several interests therein, a.; the said appraisers so cliosen and elected asaforesjud shall assess and appoint, and which thev are hereby authorized and required to do : provided always, that if the said appraisers shall b'e of opinion tliat any proprietors of the said ground so required for the streets as aforcsaiu, or any of them, may bo indemnified at a less expense to the jiroprietors in general, l)y having an equal portion of ground assigned to them from anv ground adjoining-, and that sum adjoining ground may be taken without material injury to the jroprietor or proprietors tiiereof, it shall bo lawful, and the said a])prai.--crs are required to mark ofi", and in like manner to appnusc so much of the said adioiniiv ground as they may think auflicient to replace the ground required for the srid streets; and the same so marked off shall belong tx) the first-mentioned iiro- jinetors, and be in lieu of all and every indemnity whatsoever ; and the appraised value of Uie same shall be paid by the said proprietors in general to the proprietor or proprietors from whom the same was lesoectively taken, and shall be as a full satisfaction and release of liie same, and of all right and title thereto. v.— And be it furtlicr cnajted, that the said appraisers shall have power and authority, and they are hereby directed and required, to enter into and upon all and every the lots and parcels of ground lying and being between the said streets called "Water-street and Duckworth-street, and there to mark off such bounds and limits for the building of all houses, out-houses, offices, and buildings, at the back of all and every of the houses, tenements, and lot* situated m the said streets respectively, as to the said appraisers may seem ,)iist aid equitable between the parties ; always taking care, and it bein" the special intention of this clause, that sufficient intervals and space* be m all cases left open and free from wooden or other combustible build- ings, to prevent as much as possible the communication of fire from one of the Biiid streets to the other, by means of any buildings at the back of the sam ; ami the said hounds and limits for building Ik uses, out-houses, and back-buildings as aforesaid, be in all cases inviolable: provided always, however, that nothing iiuhis c!;;use contained shall extend to i)revent or hinder anv person or persons from building any office, out-house, or other building, of stone or bricks, to be covered with slates or tiles, upon aay purl of tlie said ground lying between t n: cnM ^: -mm-'-''^ ^j^^—,,..^--,^ i: M-t £>« 5 GEO. IV , Cap. 51. ^ ri luting to the fislieilcs en the Banki mid shores of Ncwfoandl.intl, " and to liiake such further provisions a.i the present state nnd condition " of the colony require ; be it therefore enacted by the Kiiirf» thereof at the end of the fishing season, as relates to the masters and crews of fashing ships occupying or using any vacant spaces in • -Vuvfoundland, to Uie privdege of drying fish on the shores, to iishinff slum or boats not being liable to restraint or regulations with respect to < ays or houw of working, or making entry at the Custom' Hous". to the earning or conveying of passengers to the continent of America, to agreemenu or conU-acts between hirers or employers and seamen or hsheimen, to the penalties on such hirers or employers advaacinff wage-s and on su*h seamen or fishermen absenting themselves from their duty or neglecting or refusing to work, and the manner of - -. «leterni;ning disputes and offences ; and also so much of another Act « passed m the twenf y-sisth year of t)ie reign of His said.Majesty Kinff . - George the 1 hird, intituled An Act ^. c.mendand render more c'feetuat the sei-cn:Uaws now :» force for eiu ,.„raging the fisheries carried on at f'Otrfnim'and and parts athaccnf.from Oreat Britain, Ireland, and the British dominions ,n l^urope, and for ijrantln,, bounties for a • tunned t.vic, on certain terms and conditions, as rtlifes to the Wagct « of green men, the using of scans or nets, seamen or fishermen absent- ■ -. • mg thcmselyes or neglecting their duty, or deserting or intendin-^ to « desert j and also so much of another Act passed in the twentv-nmtli . ^T T f !,T^'" "^ "'' ""'^ ^^"J^^'y ^'^"^S'^ ^''e Third, intituled An Act Jor further encourar,in(f and re;iulatimj the KeirfoundJand and Greenland and soiUhern tch'de fisheries, as relates to the privileges of landing and drying hsh m Ne«fQuiidkud. sliaU be.aud the san"c ur& ' •• hereby repealed." * 10.--" And be it further enacted, that all the fish and oil which shall b« taken anu made by the person or persons who shall hire or employ such seaman or fisherman, sliall be subject and liable in the first place to the payment ol the wages or shares of every such seaman or hsherman, and of th.e demands of such per^-.n or persons as shall Jon., yi^/f supply bait to such sraman or fisherman for tlie use and benefit " of the hirer or employer of such seaman or fisherman." In the sections preceding th. 10th, provisinns were made for regulatinir the mode of luring bv contract or agreement in wHtiiig-the advance of wages durin- service-tm- prohibiting the discharge of the seaman or fislicrman excent for wilful iieglcct-for the pro.riction of tlie agreement by the hirer in case of dlsi)uto, &c. : v'!l,;,lll^ ,t r ^"■''""- "'-e ,