Part 4 — APPENDIX: CONTAINING The STATUTES relating to NEWFOUNDLAND. (continued 2)

A similar oath to be taken relative to seal skins.

8. And be it further enacted by the authority aforesaid, That, before any seal skins, imported from Newfoundland into Great Britain, shall be admitted to entry duty-free, the master, or other person having or taking the charge or command of the ship or vessel importing the same, shall make oath before the collector, or other chief officer of the customs at the port in Great Britain into which such seal skins are imported, (who is hereby authorised and required to administer such oath), that the same are really and bona fide the skins of seals actually caught and taken on the banks and shores of the said island of Newfoundland, and parts adjacent, wholly by his Majesty’s subjects carrying on the said fishery from his Majesty’s European dominions, and usually residing in the said dominions; any law, custom, or usage, to the contrary notwithstanding.

Clause relative to oil, &c. purchased at Newfoundland, and imported from thence into Great Britain.

9. And be it further enacted by the authority aforesaid, That, in case any oil, blubber, or seal skins, shall be purchased in the said island of Newfoundland, or the parts adjacent, and imported into Great Britain from thence, the same shall and may be admitted to entry duty-free, provided the master or other person having or taking the charge or command of the ship or vessel importing the same, shall make oath of all and every the particulars respecting the purchase thereof, before the collector or other chief officer of the customs at the port in Great Britain into which such oil, blubber, or seal skins, are imported, (who is hereby authorised and required to administer such oath); and shall produce and deliver to such collector or other chief officer, a certificate, under the hand and seal of the naval officer of the district in Newfoundland where such oil, blubber, or seal skins, were purchased; or if there shall not be any naval officer at such place, then under the hand and seal of the commander of any of his Majesty’s ships stationed there, testifying that oath had been made before him, (who is hereby authorised and required, in such case, to administer the same), by the person or persons who actually caught the fish from which the oil, blubber, or the seals from which the skins mentioned in such certificate was produced or came, that such oil or blubber was really and bona fide the oil or blubber of fish or creatures living in the sea, or that such skins were really and bona fide the skins of seals, actually caught and taken on the banks and shores of the island of Newfoundland, and parts adjacent, wholly by his Majesty’s subjects carrying on the said fishery from his Majesty’s European dominions, and usually residing in the said dominions; and provided such master, or other person having or taking the charge or command of the ship or vessel so importing such oil, blubber, and seal skins, shall also make oath, before such collector or other chief officer, (who is hereby authorised and required to administer the same), that the oil, blubber, or seal skins so imported, are the same oil, blubber, or seal skins mentioned and referred to in the said certificate.

Bond to be given to his Majesty for payment of the old subsidy, &c. on the importation of salt, such bonds to be cancelled, &c. on exportation thereof within 12 months.

10. And be it further enacted by the authority aforesaid, That, upon the importation of any foreign salt into this kingdom from any place from whence, and in the manner in which such salt may be legally imported, the importer or proprietor of such salt shall be at liberty to give bond to his Majesty, his heirs and successors, for the payment of the duty commonly called The Old Subsidy, and all further subsidies, imposts, and duties, due and payable to and for the customs upon such salt, within the space of twelve calendar months from the date of such bond, but without any discount or allowance for prompt payment of the said duties, or either of them; which bond the collector and comptroller of his Majesty’s customs at the port of importation are hereby authorised to take in his Majesty’s name, and thereupon to permit such salt to be entered and landed in the usual manner; and if such salt shall be exported again within the said space of twelve calendar months, the bonds which shall have been given for the said duties thereon, shall be cancelled and discharged; and in case the full duties payable to the customs for such salt shall have been paid at or before the expiration of the said twelve calendar months, and such salt shall be afterwards exported into foreign parts within the time allowed by law, a drawback of all the said duties which were so paid shall be allowed in the same manner as the former drawback of the customs upon the exportation of salt was, could or might be paid; and such salt shall be subject and liable to the same rules, regulations, restrictions, securities, penalties, and forfeitures, (except where any alteration is made by this act), as such salt was subject and liable to by any act or acts of parliament in force before the making of this act.

Not to use any sean or net for catching cod whose mesh is less than four inches in dimension.

11. And be it further enacted by the authority aforesaid, That it shall not be lawful to or for any person or persons concerned or employed in carrying on the said fishery, or for any seaman or fisherman hired for the purpose of carrying on the said fishery, to use, or cause to be made use of, on the shores of the said island of Newfoundland, any sean or net of any kind or description whatsoever, for the purpose of catching cod fish by hauling such sean or net on shore, or tucking such sean or net into any boat or boats, the scale or mesh of which said sean or net shall be less in dimension than four inches, under the penalty of forfeiting the sum of one hundred pounds for every such offence; which offence may be heard and determined, and the penalty hereby incurred shall and may be recovered in the court of session of the said island, provided that such offence be complained of within the space of three calendar months after the commission of the same.

Preamble. If any British seaman, &c. shall desert or agree to desert from Newfoundland, with intent to enter into the service of any foreign state, he may be committed, &c. and sent home.

12. And whereas it is essential to the naval strength of Great Britain, that the desertion of seamen and fishermen employed in the fishery of Newfoundland, and the parts adjacent, should be prevented: And whereas, by reason of their superior skill as seamen and fishermen, and as artificers of the implements and utensils necessary to the carrying on of such fisheries, they are, by great temptations, exposed to be seduced into the service and employ of the subjects of foreign states: And whereas the regulations and provisions made in and by an act, passed in the fifteenth year of his present Majesty’s reign, herein-before mentioned, are not sufficient to prevent the desertion of such seamen and fishermen to the service of the subjects of foreign states; be it therefore enacted by the authority aforesaid, That if any seaman or fisherman, hired or employed in the carrying on of the said fishery, shall desert from the said island of Newfoundland, or from the said fishery, with intent to enter into the service of any foreign state, or of any of the subjects of any foreign state, or shall have in any wise agreed so to absent himself or desert with such intent, or shall have actually entered into such service as aforesaid, it shall and may be lawful to and for the governor of Newfoundland, or his surrogates, or for the judge of the vice admiralty court for the time being, or for any justice of the peace in Newfoundland respectively, to issue his or their warrant or warrants to apprehend such person so deserting, or having agreed to desert as aforesaid, and on the oath or oaths of one or more credible witness or witnesses, to commit him to prison, there to remain until the next court of session which shall be holden in pursuance of the commission of the governor for the time being; and if found guilty of the said offence at such session, that it shall and may be lawful to and for the said court of session to order such deserter as aforesaid to be detained in prison, without bail or mainprize, for any time not exceeding three months, in case he shall have come from his Majesty’s European dominions for the purpose of carrying on the fisheries aforesaid.

But if not from his Majesty’s European dominions, he may be imprisoned for 12 months.

13. Provided always, and be it enacted by the authority aforesaid, That it shall and may be lawful for such governor, within the space of three months, if he shall see fit, or as soon after as conveniently may be, to cause every such person so having deserted, or agreed to desert, to be put on board a passage ship or vessel, in order to his being conveyed back to the country to which he belonged, and for which the master, or other person having or taking the charge or command of such ship or vessel, shall be paid in manner herein-after mentioned; and every master, or other person having or taking the charge or command of such passage ship or vessel, shall be, and is hereby required to take on board such and so many of such persons as the said governor shall direct, not exceeding four for each one hundred tons of the tonnage of such ship or vessel, and so in proportion for every such ship or vessel under one hundred tons: Provided nevertheless, That no person shall be so put on board of any ship or vessel which shall not be of the burthen of forty tons: But if any person or persons convicted of deserting or agreeing to desert as aforesaid, shall not have come from his Majesty’s European dominions for the purpose of carrying on the fisheries aforesaid, then, and in such case, that it shall and may be lawful for the said court of session to commit such person or persons to prison, there to remain, without bail or mainprize, for any time not exceeding twelve calendar months.

Preamble. Fishermen at Newfoundland not to sell or barter any vessel, etc. to or with any foreigner.

14. And whereas it is of great importance to the trade, manufacture, and navigation of Great Britain, and of his Majesty’s dominions in Europe, that all trade and mercantile intercourse between his Majesty’s subjects, residing or carrying on fishery in the island of Newfoundland with the subjects of any foreign state, should be prohibited: And whereas it is essentially necessary to the preservation of the benefits arising from the fishery aforesaid, to prevent the sale of any ships, vessels, or boats, or of the tackle, apparel, or furniture of the same, and of all and all manner of utensils and implements, which are or may be used in catching and curing fish, and also of all articles and commodities of the growth, produce, and manufacture of the said island of Newfoundland, to the subjects of any foreign state, or to any other than the subjects of his Majesty, his heirs and successors, and also to prohibit the purchase of any goods or commodities whatsoever, from the subjects of any foreign state; be it therefore enacted by the authority aforesaid, That it shall not be lawful for any person or persons, residing in or carrying on fishery in the said island of Newfoundland, or on the banks thereof, there to sell, barter, or exchange, any ship, vessel, or boat, of what kind or description soever, or any tackle, apparel, or furniture, used or which may be used by any ship, vessel, or boat; or any seans, nets, or other implements or utensils, used or which may be used in catching or curing fish, or any kind of bait whatsoever used or which may be used in the catching of fish; or any kind of fish, oil, blubber, seal skins, peltry, fuel, wood, or timber, to or with any person or persons whatsoever, other than the subjects of his Majesty, his heirs and successors.

Offenders herein to be committed; and to forfeit treble the value of the articles sold, etc.

15. And be it further enacted by the authority aforesaid, That if any person or persons residing or carrying on fishery in the said island of Newfoundland, shall there sell, barter, or exchange, or cause to be sold, bartered, or exchanged, or shall endeavour to sell, barter, or exchange, or shall be aiding or assisting in selling, bartering or exchanging, or causing to be sold, bartered, or exchanged, any such ship, vessel, boat, or any tackle, apparel, or furniture, used or which may be used for the purpose of navigating any ship, vessel, or boat; or any seans, nets, or other implements or utensils, used or which may be used in catching or curing fish; or any kind of bait whatsoever used or which may be used in catching fish; or any fish, oil, blubber, seal skins, fuel, wood, or timber, to any person or persons, being the subjects of any foreign state, it shall and may be lawful to and for the governor of Newfoundland, or his surrogates, or for any justice of the peace in Newfoundland, to issue his or their warrant or warrants to apprehend every such offender, and, on the oath of one or more credible witness or witnesses, to commit him to prison, there to remain until the next court of session which shall be holden in pursuance of the commission of the said governor for the time being; and all and every such person or persons, if found guilty of the said offence at such session, shall forfeit and pay treble the value of the articles so sold or caused to be sold, or attempted to be sold as aforesaid, or bartered or taken in exchange, or in the selling, bartering, or exchanging of which, or causing to be sold, bartered, or exchanged, such person or persons was or were aiding or assisting, and the same shall be levied of the offender’s goods and chattels, by warrant to be granted by the said court of session for that purpose; and in case no goods upon which such distress can be made shall be found, then it shall and may be lawful for the said court to order such person or persons to be punished and dealt with in the same manner as is herein-before directed with respect to deserters or persons agreeing to desert.

Such fishermen not to purchase any goods of, or to barter with foreigners for the same. Offenders to be committed, and to forfeit treble the value of the goods.

16. And whereas it is highly injurious to the trade and manufactures of his Majesty’s dominions in Europe, that persons residing or carrying on fishery in the island of Newfoundland, or parts adjacent, or on the banks of the said island of Newfoundland, should be supplied with any goods or commodities whatsoever by the subjects of any foreign state; be it therefore enacted by the authority aforesaid, That no person or persons residing or carrying on fishery in the island of Newfoundland, or parts adjacent, or on the banks of the said island of Newfoundland, shall there purchase, or take in exchange, or by way of barter, or cause to be purchased, or taken in exchange, or by way of barter, or be aiding or assisting in the purchasing, bartering for, or taking in exchange, any goods or commodities whatsoever, from any person or persons being a subject or subjects of any foreign state; and that every person or persons residing or carrying on fishery in the said island of Newfoundland, or parts adjacent, or on the banks of the said island of Newfoundland, who shall there purchase, barter for, or take in exchange, or shall cause to be purchased, bartered for, or taken in exchange, any such goods or commodities in manner aforesaid, shall be apprehended and committed to prison, and, on due conviction, before the court of session, shall forfeit treble the value of such goods or commodities so purchased, or taken in barter or exchange, or procured to be purchased, or taken in barter or exchange, or in the purchase, barter, or taking of which in exchange, such person shall have been aiding or assisting, and the same shall be levied of the offender’s goods and chattels, by warrant to be granted by the said court of session for that purpose; and in case no goods upon which such distress can be made shall be found, then it shall and may be lawful for the said court to order such person or persons to be punished and dealt with in the same manner as is herein-before directed with respect to deserters or persons agreeing to desert.

Not to extend to the importation of bread, etc.

17. Provided always, That nothing herein contained shall extend, or be construed to extend, to hinder or prevent bread, flour, Indian corn, and live stock, from being imported into the said island of Newfoundland in certain British vessels, in pursuance of an act passed in this present session of Parliament.

No more than 40s. to be paid for the passage of any person from Newfoundland, &c.

18. And be it further enacted by the authority aforesaid, That the sum for which the said governor shall agree with the master, or other person having or taking the charge or command of any ship or vessel, for the passage of any person or persons from the said island, to the place or places to which he or they belonged, shall in no case exceed the sum of forty shillings for each person, and shall be paid to the master of such ship or vessel out of the monies which shall arise from forfeitures incurred for any offence committed against this act, or the acts herein-before recited, upon such master producing, to the said court of session, a certificate, under the hand and seal of such governor, of the numbers and names of the persons respectively taken on board by his direction, and of the times they were taken on board respectively, and the several sums agreed to be paid as aforesaid; which sums the court of session are hereby required to cause to be paid to such master, if sufficient funds for that purpose shall remain in the hands of the said court.

Such payments, in case of a deficiency in the fund for that purpose, to be made by the commissioners of the navy.

19. And be it also enacted by the authority aforesaid, That if no sufficient fund for the payment of any sum or sums, so agreed upon as aforesaid, shall remain in the hands of the said court of session, then and in such case every such master or other person having or taking the charge or command of such ship or vessel, who shall have taken on board any number of persons by order of the governor, in manner herein-before directed, upon producing a certificate, under the hand and seal of the said governor, in manner herein-before directed, and making an affidavit at his return, setting forth the time during which he subsisted such person or persons, and that he did not, during that time, want any of his own complement of men, or how many he did want of such complement, and for what time, shall receive from the commissioners of the navy for the time being (who are hereby required to cause the same to be paid) sixpence per diem for the passage and provisions of such person or persons from the day of their embarkation homewards to the day of their arrival in Great Britain, the said sum of sixpence per diem only being deducted for such time and so many persons as he wanted of his complement during his voyage.

Recital of 4 Geo. III, cap. 15. Officers of his Majesty’s ships stationed at Newfoundland may detain suspected vessels, and search them: and if any contraband goods are found on board, such vessels and goods shall be forfeited.

20. And whereas it is enacted, in and by an act passed in the fourth year of his present Majesty’s reign, intituled, An act for granting certain duties in the British colonies and plantations in America; for continuing, amending, and making perpetual, an act passed in the sixth year of the reign of his late Majesty King George the second, intituled, An act for the better securing and encouraging the trade of his Majesty’s sugar colonies in America; for applying the produce of such duties, and of the duties to arise by virtue of the said act, towards defraying the expences of defending, protecting, and securing the said colonies and plantations; for explaining an act made in the twenty-fifth year of the reign of King Charles the second, intituled, An act for the encouragement of the Greenland and Eastland trades, and for the better securing the plantation trade; and for altering and disallowing several drawbacks on exports from this kingdom, and more effectually preventing the clandestine conveyance of goods to and from the said colonies and plantations, and improving and securing the trade between the same and Great Britain; That if any British ship or vessel shall be found standing into, or coming out from, either of the islands of Saint Pierre and Miquelon, or hovering or at anchor within two leagues of the coast thereof, or shall be discovered to have taken any goods or merchandizes on board at either of them, or to have been there for that purpose, such ship or vessel, and all the goods so taken on board there, shall be forfeited and lost, and shall and may be seized and prosecuted by any officer of his Majesty’s customs; and the master, or other person having the charge of such ship or vessel, and every person concerned in taking such goods on board, shall forfeit treble the value thereof: And whereas the provisions of the said recited act may not be sufficient to effectuate the good purposes thereby intended, or to prevent the export or sale of ships, vessels, and boats, and of all other the goods and commodities herein-before enumerated and prohibited to be sold to the subjects of any foreign state, or the purchase and import of the goods and commodities of such foreign states; be it therefore enacted by the authority aforesaid, That it shall and may be lawful for all and every officer or officers, having the command of any of his Majesty’s ships stationed at the island of Newfoundland, to stop and detain all and every ship, vessel, or boat, of what nature or description soever, coming to, or going from the said island, and belonging to, or in the service or occupation of any of his Majesty’s subjects residing in, trafficking with, or carrying on fishery in the island of Newfoundland, parts adjacent, or on the banks of the said island of Newfoundland, which he shall have reason to suspect to be going to, or coming from, the islands of Saint Pierre or Miquelon, for the purposes before mentioned, in any place within the limits of their station, and to detain, search, and examine, such ship, vessel, or boat; and that if, upon such search or examination, it shall appear to such officer or officers that there is reasonable ground to believe that such ship, vessel, or boat, or any tackle, apparel, or furniture, used, or which may be used, by any ship, vessel, or boat, or any implements or utensils used, or which may be used, in the catching or curing of fish, or any fish, oil, blubber, seal skins, fuel, wood, or timber, then on board of such ship, vessel, or boat, was or were intended to be sold, bartered for, or exchanged, to the subjects of any foreign state, or shall be discovered to have been so sold, bartered for, or exchanged; or if any goods or commodities whatsoever shall be found on board such ship, vessel, or boat, or shall be discovered to have been on board, having been purchased or taken in barter or exchange from the subjects of any foreign state; then, and in every such case, to seize and send back such ship, vessel, or boat, to the island of Newfoundland; and that such ship, vessel, or boat, and such goods and commodities so found on board, shall, upon due condemnation, be forfeited and lost, and shall and may be prosecuted for that purpose, by the officer or officers so seizing the same, in the vice admiralty court of the said island of Newfoundland; such forfeiture to be given, one moiety to the said officer or officers, and the other moiety to the governor of Newfoundland for the time being, to be applied, under the direction of such governor, in defraying the passages home of such person or persons as by this or any former act are directed to be sent back to the country to which they belong.

Clause relative to suits in Newfoundland on account of the seizure of vessels, &c.

21. And be it further enacted by the authority aforesaid, That, in case any libel, information, or other suit or proceeding whatsoever, shall be commenced and brought to trial, in the court of vice admiralty in the said island of Newfoundland, on account of the seizure of any ship, vessel, boat, or goods, for the condemnation of the same, for any of the causes herein-before mentioned, wherein a decree shall be pronounced for or in favour of the defendant or defendants, claimer or claimers thereof, and it shall appear to the judge or court, before whom the same shall be tried, that there was a probable cause for seizing the said ship, vessel, boat, or goods, the judge before whom the said cause shall be tried shall certify on the record that there was a probable cause for the seizing of the said ship, vessel, boat, or goods; a copy of which certificate shall be delivered to the prosecutor, under the hands and seals of such judge or judges; and that, in such case, the defendant shall not be intitled to any costs of suit whatsoever, nor shall the person or persons who seized such ship, vessel, boat, or goods, be liable to any action, indictment, or other prosecution, on account of such seizure; and that if any action, indictment, or prosecution, shall be brought or preferred against any person or persons, who shall have obtained such copy of such certificate as aforesaid, in any of his Majesty’s courts in Great Britain, such copy shall be admitted in evidence on behalf of the defendant or defendants, and shall have the like force and effect as the certificate on record would have had in the case of such action, indictment, or other prosecution, being brought or preferred in the island of Newfoundland.

Plaintiff gaining a verdict shall not be intitled to costs, if there was probable cause of seizure.

22. And be it also enacted by the authority aforesaid, That if any action, indictment, or other prosecution, shall be commenced and brought to trial against any person or persons whatsoever, on account of the seizure of any such ship, vessel, boat or goods, wherein a verdict shall be given against the defendant or defendants, if the court or judge before whom such action or prosecution shall be tried shall certify on the record that there was a probable cause of such seizure, that the plaintiff, besides his ship, vessel, boat, or goods, so seized, or the value thereof, shall not be intitled to above two-pence damages, nor to any costs of suit, nor shall the defendant in such prosecution be fined above one shilling.

Limitation of actions. General issue. Treble costs.

23. And it is hereby further enacted by the authority aforesaid, That if any person or persons shall, at any time or times, be sued or prosecuted for any thing by him or them done or executed in pursuance of, or by colour of this act, or of any matter or thing in this act contained, such action or prosecution shall be commenced within the space of three months after the offence shall have been committed; and in case the person or persons making such seizure as aforesaid shall have quitted the said island of Newfoundland before the expiration of three months from the time of the offence committed, then that such action or prosecution shall be commenced within three months after his or their return to Great Britain; and such person or persons shall and may plead the general issue, and give this act and the special matter in evidence for his and their defence, and that the same was done in prosecution and by authority of the said act: And if it shall appear so to have been done, then the court shall adjudge and decree, or the jury shall find, in the courts of Great Britain or Newfoundland respectively, for the defendant or defendants; and if the plaintiff shall be nonsuited, or discontinue his action, libel, or other proceedings in the courts of Great Britain or Newfoundland, after the defendant or defendants hath or have appeared, or if judgement shall be given upon any verdict or demurrer against the plaintiff, the defendant or defendants shall recover treble costs, and have the like remedy for the same as the defendant or defendants hath or have in other cases by law.

Fines and forfeited goods, &c. how to be applied.

24. And be it further enacted by the authority aforesaid, That all and every the fines or penalties inflicted by this act, or by the acts herein-before recited, and to be levied upon the seamen or fishermen, except those for neglect of duty; and that such ships, vessels, or goods, as shall be seized, condemned, and forfeited as before mentioned, except such the distribution whereof is otherwise directed by this act, shall be given, one moiety to the informer, and the other moiety to the Governor of Newfoundland for the time being, to be applied, under the direction of such Governor, in defraying the passages home of such person or persons as by this or any former act are directed to be sent back to the country to which they belong.

Part of the act of 15 Geo. III. repealed.

25. And be it further enacted by the authority aforesaid, That so much of the said recited act of the fifteenth year of the reign of his present Majesty, as gives any jurisdiction to the court of vice admiralty for the said island of Newfoundland with respect to enquiring into and determining disputes concerning the wages of any seamen or fishermen, or any offence committed by any hirer or employer of such seamen or fishermen, or any controversies or differences arising from their contracts or agreements, shall be, and the same is hereby repealed.

The recited acts (except, &c.) to remain in force.

26. And be it further enacted by the authority aforesaid, That all and every the clauses, matters, and things in the said herein-before recited acts contained, which are not altered or repealed by this present act, shall continue and remain in full force.

28 GEO. III. Cap. 35.

An act to enable his Majesty to make such regulations as may be necessary to prevent the inconvenience which might arise from the competition of his Majesty’s subjects and those of the most Christian King, in carrying on the fishery on the coasts of the island of Newfoundland.

Preamble. Treaty of Utrecht recited. Treaty of Paris recited. Treaty of Versailles recited. Declaration to the French King of Sept. 3, 1783, recited. His Majesty, by advice of council, may give such orders to the governor of Newfoundland, &c. as shall be deemed proper to fulfil the purposes of the treaty of Versailles, and the declaration to the French King, above recited.

Whereas, by the thirteenth article of the treaty concluded at Utrecht on the fourth day of April, new stile, in the year of our Lord one thousand seven hundred and thirteen, between her late Majesty Queen Anne and the most Christian King Louis the fourteenth, it was, among other things, agreed, That the island called Newfoundland, with the adjacent islands, should, from that time forward, belong of right wholly to Britain, and to that end the town and fortress of Placentia, and whatever other places in the said island were in the possession of the French, should be yielded and given up, within seven months from the exchange of the ratification of that treaty, or sooner if possible, by the most Christian King, to those who had a commission from the Queen of Great Britain for that purpose; nor should the most Christian King, his heirs or successors, or any of their subjects, at any time thereafter, lay claim to any right to the said island and islands, or to any part of them; moreover, it should not be lawful for the subjects of France to fortify any place in the said island of Newfoundland, or to erect any buildings there, besides stages made of boards, and huts necessary and useful for drying of fish, or to resort to the said island beyond the time necessary for fishing and drying fish: That it should be allowed to the subjects of France to catch fish, and to dry them on land, on that part only, and in none other besides that part of the island of Newfoundland, which stretches from the place called Cape Bonavista, to the northern point of the said island, and from thence running down by the western side, and reaches as far as the place called Cape Riche: And whereas, by the fifth article of the treaty of peace, concluded at Paris on the tenth day of February one thousand seven hundred and sixty-three, between his Majesty and the late most Christian King Louis the fifteenth, and his most Catholick Majesty, it was, among other things, agreed, that the subjects of France should have the liberty of fishing and drying on a part of the coast of the island of Newfoundland, such as is specified in the thirteenth article of the treaty of Utrecht, which article is confirmed and renewed by the present treaty: And whereas, by the fifth article of the definitive treaty of peace, concluded at Versailles, between his Majesty and the most Christian King, on the third day of September one thousand seven hundred and eighty-three, it was, among other things, agreed, That his Majesty, the King of Great Britain, should be maintained in his right to the island of Newfoundland, and to the adjacent islands, as the whole were assured to him by the thirteenth article of the treaty of Utrecht, excepting the islands of Saint Pierre and Miquelon, which were ceded in full right, by the said treaty of the third day of September one thousand seven hundred and eighty-three, to his most Christian Majesty; and that his Majesty, the most Christian King, in order to prevent the quarrels which had before then arisen between the two nations of England and France, consented to remove the right of fishing which belonged to him in virtue of the aforesaid article of the treaty of Utrecht, from Cape Bonavista to Cape Saint John, situated on the eastern coast of Newfoundland, in fifty degrees north latitude, and his Majesty the King of Great Britain consented, on his part, that the fishery assigned to the subjects of his most Christian Majesty, beginning at the said Cape Saint John, passing to the north, and descending by the western coast of the island of Newfoundland, should extend to the place called Cape Rage, situate in forty-seven degrees and fifty minutes latitude: The French fishermen should enjoy the fishery which was assigned to them by the said article, as they had the right to enjoy that which was assigned to them by the treaty of Utrecht: And whereas, by a declaration delivered by his Majesty’s ambassador extraordinary to his most Christian Majesty, bearing date also on the said third day of September one thousand seven hundred and eighty-three, his Majesty engaged not only to insure the execution of the last-mentioned treaty with his known good faith and punctuality, but to give all possible efficacy to such principles as may prevent dispute; and, that the fishermen of the two nations may not give cause for daily quarrels, was pleased to engage that he would take the most positive measures for preventing his subjects from interrupting in any manner, by their competition, the fishing of the French, during the temporary exercise thereof which is granted to them upon the coasts of the island of Newfoundland, and that he would, for that purpose, cause the permanent settlements which should be formed there to be removed; and that he would give orders that the French fishermen should not be incommoded in the cutting of wood necessary for the repair of their scaffolds, huts, and fishing boats; and that the thirteenth article of the treaty of Utrecht, and the method of carrying on the fishery which had at all times been acknowledged, should be the plan upon which the fishery should be carried on there, and that it should not be deviated from by either party, the French fishermen building only their scaffolds, confining themselves to the repair of their fishing vessels, and not wintering there; the subjects of his Britannick Majesty, on their part, not molesting in any manner the French fishermen during their fishing, nor injuring their scaffolds during their absence: And whereas it is expedient, in conformity to the definitive treaty of peace and the declaration aforesaid, that his Majesty’s subjects should be prevented from interrupting in any manner, by their competition, the aforesaid fishery of the subjects of his most Christian Majesty, during the temporary exercise thereof which is granted to them on the coast of Newfoundland; and that all permanent establishments on that part of the coast allotted to the French fishermen should be removed; and that such fishermen should be in no manner molested, contrary to the tenor of the said treaty, and the good faith thereof: In order, therefore, that his Majesty may be the better enabled to carry the said several treaties and declarations into faithful and punctual execution, and to make such regulations as may be expedient, respecting the fishery, in the manner herein-after mentioned, be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That it shall and may be lawful for his Majesty, his heirs and successors, by advice of council, from time to time, to give such orders and instructions to the governor of Newfoundland, or to any officer or officers on that station, as he or they shall deem proper and necessary to fulfil the purposes of the definitive treaty and declaration aforesaid; and, if it shall be necessary to that end, to give orders and instructions to the governor, or other officer or officers aforesaid, to remove, or cause to be removed, any stages, flakes, train vats, or other works whatever, for the purpose of carrying on fishery, erected by his Majesty’s subjects on that part of the coast of Newfoundland which lies between Cape Saint John, passing to the north, and descending by the western coast of the said island to the place called Cape Rage, and also all ships, vessels, and boats, belonging to his Majesty’s subjects, which shall be found within the limits aforesaid, and also, in case of refusal to depart from within the limits aforesaid, to compel any of his Majesty’s subjects to depart from thence; any law, usage, or custom, to the contrary notwithstanding.

Persons refusing to conform to the directions of the governor, to forfeit 200l. How penalties are to be recovered and applied. Limitation of suits.

2. And be it further enacted by the authority aforesaid, That if any person or persons shall refuse, upon requisition made by the governor, or any officer or officers acting under him, in pursuance of his Majesty’s orders or instructions as aforesaid, to depart from within the limits aforesaid, or otherwise to conform to such requisition and directions as such governor, or other officer as aforesaid, shall make or give, for the purposes aforesaid, every such person or persons so refusing, or otherwise offending against the same, shall forfeit the sum of two hundred pounds, to be recovered in the court of session, or court of vice admiralty in the said island of Newfoundland, or by bill, plaint, or information, in any of his Majesty’s courts of record at Westminster; one moiety of such penalty to belong to his Majesty, his heirs and successors, and the other moiety to such person or persons as shall sue or prosecute for the same: Provided always, that every such suit or prosecution, if the same be commenced in Newfoundland, shall be commenced within three months, and if commenced in any of his Majesty’s courts of record at Westminster, within twelve months from the time of the commission of such offence.

29 GEO. III. Cap. 53.

An act for further encouraging and regulating the Newfoundland, Greenland, and southern whale fisheries.

Preamble. No fish, unless caught by subjects of Great Britain, or of the British dominions in Europe, to be landed or dried at Newfoundland, the right as ceded to the French excepted.

Whereas, as well by immemorial usage as by the provisions of former laws, the right and privilege of drying fish on the island of Newfoundland do not belong to any of his Majesty’s subjects arriving there, except from Great Britain, or one of his Majesty’s dominions in Europe; for preventing frauds, and thereby better securing to his Majesty’s said subjects of Great Britain, and of the other British dominions in Europe, the full advantages of the fishery carried on from thence, and of drying fish on the shores of the island of Newfoundland, be it declared and enacted by the King’s most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That no fish, taken or caught by any of his Majesty’s subjects, or other persons, arriving at Newfoundland or its dependencies, or on the banks of the said island, except from Great Britain, or one of the British dominions in Europe, shall be permitted to be landed or dried on the said island of Newfoundland, always excepting the rights granted by treaty to the subjects of his most Christian Majesty on that part of the island of Newfoundland beginning at Cape Saint John, passing to the north and descending by the western coast of the said island to the place called Cape Raye.

26 Geo. III, cap. 41, recited. After Jan. 1, 1790 ships to be intitled to the bounties granted by the recited act, that shall sail by April 10, yearly, tho’ they leave the Greenland seas or Davis’s streights before Aug. 10 following, and shall not be laden agreeable to the regulations of the recited act, upon the conditions herein specified.

2. And whereas it is thought expedient that the owners of ships employed in the Greenland fishery should be allowed to receive the bounty granted by an act, passed in the twenty-sixth year of his present Majesty’s reign, intituled, An act for the further support and encouragement of the fisheries carried on in the Greenland Seas and Davis’s Streights, although such ships depart from those seas before the tenth day of August then following, and although they be not laden with the quantity of whale fins, and of oil or blubber in proportion thereto, required by the said act, in case it shall appear by the log books of such ships that they have not departed from those seas till the end of sixteen weeks from the day they respectively sailed from the ports where they were surveyed and cleared out; be it therefore further enacted, That any owner or owners of any ship or vessel shall be allowed and intitled to receive the bounty granted by the said act, for any ship which shall have proceeded, or shall proceed upon the said whale fishery from any port of Great Britain, or the islands of Guernsey, Jersey, or Man, after the first day of January one thousand seven hundred and ninety, and shall have sailed, or shall sail from the port where she was surveyed and cleared out, directly on her intended voyage on or before the tenth day of April in each and every year, although she shall depart from the Greenland seas or Davis’s streights, or the adjacent seas, before the tenth day of August then following, and although she shall not be laden, if of the burthen of three hundred tons, with thirty tons of oil, or blubber in proportion thereto, the blubber to be rated with respect to the oil as three to two, and one ton and a half of whale fins; or if she be of greater or lesser burthen, with a quantity of oil or blubber and whale fins in like proportion to the tonnage of such ship, being the produce of one or more whale or whales, caught by the crew thereof, or with the assistance of the crew of some other licensed ship, in case it shall appear by the log book of such ship that she had continued with her crew in the said seas, diligently endeavouring to catch whales or other creatures living in those seas, and did not depart from thence till the expiration of sixteen weeks from the time of her sailing from the port where she shall have been surveyed and cleared out; provided such ship shall not have touched at any other port during her voyage, and shall have complied with all the other regulations, conditions, and restrictions, imposed by the said act.

28 Geo. III, cap. 20, recited, and after passing this act the three ships entitled to the bounties thereby granted on doubling Cape Horn, or passing through the Streights of Magellan to be entitled thereto, if they shall not return in less than 16 months, and by Dec. 10, in the second year after clearing out.

3. And whereas by an act passed in the twenty-eighth year of his present Majesty’s reign, intituled, An act for amending an act, made in the twenty-sixth year of his present Majesty’s reign, for the encouragement of the southern whale fishery, and for making further provisions for that purpose, the three ships or vessels, which are intitled to the premiums therein granted on their doubling Cape Horn, or passing through the Streights of Magellan, are required not to return in less time than eighteen months, and it is thought sufficient that such ships or vessels should be obliged to continue out no longer than sixteen months; be it therefore further enacted by the authority aforesaid, That the owner or owners of such of the said three ships or vessels which shall sail after the passing this act, shall be intitled to the said additional premiums, granted by the said act of the twenty-eighth year of his present Majesty’s reign, under the conditions, regulations, and restrictions, in the said act mentioned, in case such ships or vessels shall not return in less time than sixteen months, from the time of her clearing out, and on or before the first day of December, in the second year after that in which such ship or vessel shall have fitted and cleared out.

Owners of vessels complying with the other conditions of the recited acts, to be entitled to the premiums, tho’ they do not clear out specially for the latitudes therein specified.

4. And whereas doubts have arisen whether the owner of any ship or vessel shall be intitled to the premiums granted by the said last mentioned acts passed in the twenty-sixth and twenty-eighth years of his present Majesty’s reign, unless such ship or vessel shall have cleared out specially for the respective latitudes therein specified; be it further declared and enacted by the authority aforesaid, That the owner or owners of any ship or vessel shall not be obliged to clear out specially for the respective latitudes specified in the said acts, but shall be intitled to the premiums thereby granted, on complying with all the other conditions, regulations, and restrictions, imposed by the said acts.

26 Geo. III, cap. 41. 26 Geo. III, cap. 50, and 28 Geo. III, cap. 20, recited. After Jan. 1, 1790, any master permitting an apprentice, indentured pursuant to the recited acts, to quit his service before the expiration of his term, to forfeit 50l.; unless such apprentice be discharged before a magistrate, or turned over to another master, in the said fisheries.

5. And whereas by an act, made and passed in the twenty-sixth year of the reign of his present Majesty, intituled, An act for the further support and encouragement of the fisheries carried on in the Greenland Seas and Davis’s Streights, it is among other things enacted, That every ship shall have on board apprentices indentured for the space of three years at the least, who shall not exceed the age of eighteen years, nor be under fourteen years of age, at the time they shall be so indentured, in the proportion of one apprentice at the least for every thirty-five tons burthen, and one fresh or green man for every fifty tons burthen, which apprentices and fresh or green men shall be accounted in the number of men required to be on board such ship as aforesaid: And whereas by another act, made and passed in the twenty-sixth year of his present Majesty’s reign, intituled, An act for the encouragement of the southern whale fishery, it is among other things enacted, That no premium granted by that act shall be paid or allowed to any person or persons whatever, for or on account of any ship or vessel employed in the aforesaid fishery, unless such ship or vessel shall have on board an apprentice indentured for the space of three years at the least; for every fifty tons burthen of such ship or vessel by admeasurement, every such apprentice not exceeding the age of eighteen years, nor being under fourteen years, at the time he shall be so indentured: And whereas by another act, made and passed in the twenty-eighth year of the reign of his present Majesty, intituled, An act for amending an act, made in the twenty-sixth year of his present Majesty’s reign, for the encouragement of the southern whale fishery, and for making further provisions for that purpose, it is, amongst other things, enacted, That the several additional premiums granted by that act shall be paid in such and the like manner, and under such and the like conditions, rules, regulations, and restrictions, as are directed and prescribed in and by the said act, made and passed in the twenty-sixth year of the reign of his present Majesty, intituled, An act for the encouragement of the southern whale fishery: And whereas it is expedient that provision should be made to oblige the masters of ships or vessels, or the persons to whom apprentices shall be bound in pursuance of the acts herein-before respectively recited, to keep such apprentices in their service for the time they shall be indentured: Be it therefore further enacted by the authority aforesaid, That, from and after the first day of January one thousand seven hundred and ninety, if the master of any ship or vessel, or any other person or persons whatever, to whom any apprentice or apprentices shall be indentured pursuant to the said herein-before recited acts, shall permit or suffer any such apprentice or apprentices to quit, leave, or depart, his or their service on any pretence whatever, except as herein-after is provided, before the expiration of the term for which he or they shall be bound, every such master or other person shall forfeit and pay, for each and every offence, the sum of fifty pounds; to be recovered by action of debt, bill, plaint, or information, in any of his Majesty’s courts of record, in which no wager of law, no essoin, nor any more than one imparlance, shall be allowed.

6. Provided nevertheless, That nothing herein contained shall extend, or be construed to extend, to inflict the aforesaid penalty in any case where any apprentice or apprentices shall be legally discharged before a magistrate or justice of the peace, or shall be turned over from one person to another person, concerned in either of the aforesaid fisheries, to serve the remainder of his time in such fisheries, pursuant to the directions of the said acts herein-before recited.

No premium to be paid under the recited acts, unless the names of the ships on board which apprentices are bound to serve, be inserted in the indentures.

7. Provided also, and it is hereby declared, That no bounty or premium shall be paid or allowed by virtue of the said recited acts, or either of them, in any case, unless there shall be inserted in the indenture or indentures of each and every apprentice or apprentices, who shall be indentured by virtue of the said recited acts, or either of them, or who shall be turned over from one person to another, pursuant to this act, the name or names of the ship or vessel, or ships or vessels, on board of which such apprentice or apprentices is or are bound to serve.

This act not to extend to ships cleared out, and which shall have sailed, before the commencement thereof.

8. Provided also, That nothing in this act shall extend, or be construed to extend, to take away any bounty or premium which may become due by virtue of the said recited acts, or either of them, in any case where the ship or vessel shall have bona fide cleared out on the fishery, and proceeded from Great Britain, before the commencement of this act.

31 GEO. III. Cap. 29.

An act for establishing a court of civil jurisdiction in the island of Newfoundland, for a limited time.

Preamble. 15 Geo. III, cap. 31, and 26 Geo. III, cap. 26, recited. His Majesty may constitute a court of civil jurisdiction at Newfoundland, &c.

Whereas, by an act, passed in the fifteenth year of his present Majesty’s reign, intituled, An act for the encouragement of the fisheries carried on from Great Britain, Ireland, and the British dominions in Europe, and for securing the return of the fishermen, sailors, and others employed in the said fisheries, to the ports thereof, at the end of the fishing season, it was, amongst other things, enacted, That all disputes which should arise concerning the wages of every and any such seaman or fisherman, and all offences which should be committed by every hirer or employer of such seaman or fisherman against that act, should and might be enquired of, heard, and determined; and the penalties and forfeitures thereby incurred should and might be recovered in the court of session in the said act mentioned, or in the court of vice admiralty having jurisdiction in the island of Newfoundland: And whereas, by another act, passed in the twenty-sixth year of the reign of his present Majesty, intituled, An act to amend and render more effectual the present laws now in force for encouraging the fisheries carried on at Newfoundland, and parts adjacent, from Great Britain, Ireland, and the British dominions in Europe; and for granting bounties, for a limited time, on certain terms and conditions; so much of the said first-mentioned act, as gives any jurisdiction to the court of vice-admiralty for the said island of Newfoundland, with respect to inquiring, hearing, and determining disputes concerning the wages of any seaman or fisherman, or any offence committed by any hirer or employer of such seaman or fisherman, or any controversies or differences arising from their contracts or agreements, should be, and the same was thereby repealed: And whereas the provisions made by the said first-mentioned act, for the administration of justice in civil cases, are insufficient, and it is highly expedient that a court of civil jurisdiction, having cognizance of all pleas of debt, account, contracts respecting personal property, and all trespasses against the person, goods, or chattels, should be established in the said island of Newfoundland, for a limited time; be it therefore enacted by the King’s most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That it shall and may be lawful for his Majesty, by his commission under the great seal, to institute a court of civil jurisdiction, with full power and authority to hear and determine, in a summary way, all pleas of debt, account, contracts respecting personal property, and all trespasses committed against the person or goods and chattels in the island of Newfoundland, and islands and parts adjacent, or on the banks of the said island of Newfoundland; which court shall consist of a chief judge, to be appointed by his Majesty, and two assessors, to be appointed by the governor of the said island, from time to time; which chief judge, together with any one of such assessors, shall have full power and authority to hear and determine all pleas by this act cognizable by the said court of civil jurisdiction; and shall have such clerks, and other ministerial officers, as the chief judge shall think proper to appoint; and that such salaries shall be paid to the chief judge aforesaid, as his Majesty, his heirs and successors, shall approve and direct; and such salaries be paid to the assessors, and to the clerks, and ministerial officers aforesaid, as shall be approved by the said chief judge, with the consent of the governor of the island of Newfoundland; which several salaries shall respectively be in lieu of all other profits and emoluments whatever; and such court shall be a court of record, and shall have all such powers as by the law of England are incident and belonging to a court of record; any thing in the said first-mentioned act contained to the contrary notwithstanding.

The manner in which the court is to proceed.

2. And be it further enacted, That the said court shall proceed by complaint in writing, and by summons of the defendant, in all cases where the complaint is for a sum under five pounds; and by arrest of the defendant, and attachment of his goods and debts, or of his effects in the hands of any other person, where the complaint is for more than the sum of five pounds; and such court shall have power and authority to pass judgement, and give costs, in such pleas, and award execution, either by levy and sale of the goods and chattels, or arrest of the person of the plaintiff or defendant, and also of the goods, debts, and effects of the defendant so attached.

An appeal to his Majesty in council may be made, where judgement is given for more than 100l.

3. Provided always, That in all pleas, where the sum for which judgement shall be given shall amount to more than one hundred pounds, it shall be lawful for the plaintiff or defendant, as the case may be, to appeal to his Majesty in council, and upon notice of such appeal being signified to the chief judge of such court, within fourteen days after such judgement passed, and security given, to the satisfaction of the said chief judge, for prosecuting such appeal, the execution of such judgement shall be stayed.

While the governor is resident, disputes concerning seamen’s wages to be heard only in the court of civil jurisdiction; when he is not resident, they may be heard in the court of session.

4. And be it further enacted, That during the time the governor of the said island shall continue to be resident in the said island, or parts adjacent, no disputes which shall arise concerning the wages of any seaman or fisherman shall be heard and determined in the court of session mentioned in the said first-mentioned act, but only in the court of civil jurisdiction which shall be instituted by virtue of this act.

5. Provided always, That nothing in this act contained shall extend to prevent the court of session aforesaid from hearing and determining such disputes as aforesaid, when the governor shall not be resident in the said island, or parts adjacent.

Limitation of actions. Continuance of act.

6. And be it further enacted, That no suit shall be commenced in the said court of civil jurisdiction where the cause of action shall have arisen more than two years before such commencement, nor shall be heard and determined in the said court of civil jurisdiction, except during the residence of the governor within the limits of his government; and that this act shall commence from the tenth day of June one thousand seven hundred and ninety-one, and shall have continuance for one year, and unto the end of the then next session of Parliament.

32 GEO. III. Cap. 46.

An act for establishing courts of judicature in the island of Newfoundland, and the islands adjacent.

Preamble. His Majesty, under the great seal, may institute a court of criminal and civil jurisdiction at Newfoundland, &c.

For the better administration of justice in the island of Newfoundland, and the islands adjacent; be it enacted by the King’s most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present parliament assembled, and by the authority of the same, That it shall and may be lawful for his Majesty, by his commission under the great seal, to institute a court of criminal and civil jurisdiction, to be called, The supreme court of judicature of the island of Newfoundland, with full power and authority to hold plea of all crimes and misdemeanors committed within the island of Newfoundland, and on the islands and seas to which ships or vessels repair from the island of Newfoundland, for carrying on the fishery, and on the banks of Newfoundland, in the same manner as plea is holden of crimes and misdemeanors committed in that part of Great Britain called England, and also with full power and authority to hold plea, as herein-after mentioned, of all suits and complaints of a civil nature, arising within the island of Newfoundland, and on the islands and seas aforesaid, and on the banks of Newfoundland; which court shall determine such suits and complaints of a civil nature, according to the law of England, as far as the same can be applied to suits and complaints arising in the islands and places aforesaid; and the said court shall be a court of record, and shall be holden by a chief justice to be appointed by his Majesty, who shall have full power and authority to enquire of, hear, and determine all crimes and misdemeanours, suits, and complaints, cognizable in the said court; and such court shall have such clerks and ministerial officers as the chief justice shall think proper to appoint; and such salary shall be paid to the said chief justice, as his Majesty, his heirs and successors, shall approve and direct, and such salaries be paid to the clerks and ministerial officers aforesaid, as shall be approved by the chief justice, with the consent of the governor of the island of Newfoundland, which several salaries shall respectively be in lieu of all other profits and emoluments whatsoever.

The governor, with the advice of the chief justice, may institute surrogate courts, etc.

2. And be it further enacted, That it shall be lawful for the governor of the island of Newfoundland, with the advice of such chief justice, from time to time, to institute courts of civil jurisdiction, to be called surrogate courts, in different parts of the island of Newfoundland, and the islands aforesaid, as occasion shall require, with full power and authority to hear and determine, in the like summary way, all suits and complaints of a civil nature arising within the island of Newfoundland, and on the islands and seas aforesaid, and on the banks of Newfoundland; which courts shall respectively be courts of record, and shall determine according to the law of England, as far as the same can be applied to suits and complaints arising in the islands and places aforesaid; and the said courts respectively shall be holden by a surrogate, to be appointed from time to time by the governor of the said island, with the approbation of such chief justice, and shall have full power and authority to hear and determine all suits and complaints cognizable in the said court; and the said court shall have such clerks and ministerial officers, with such salaries as the chief justice shall appoint, which salaries shall be in lieu of all profits and emoluments whatever.

Mode of proceedings in the supreme and surrogate courts.

3. And be it further enacted, That it shall be lawful for the said supreme courts and surrogate courts respectively, when any suit or complaint shall be depending therein, to cause to appear from day to day, all persons interested in the matter in dispute, and to examine upon oath such of them as it shall be deemed proper, for better discovering the truth, and thereupon, and after due consideration of all circumstances, to make such order, judgement, or decree therein, and award such damages and costs, as the case shall require; and that in all cases where the cause of any suit or complaint shall not exceed five pounds, the party who is to answer such suit or complaint shall be made to appear in court by summons, and in all cases where such summons shall be disobeyed, or where the cause of any suit or complaint shall exceed five pounds, then that the party who is to answer such suit or complaint may be caused to appear by attachment of his or her goods, debts, or effects, or by arrest of the person, and that the execution of any order, judgement, or decree may be enforced by attachment of the goods, debts, or credits of the party, or by arrest of the person against whom such order, judgement, or decree shall be made; and that it shall and may be lawful for the said chief justice and surrogates respectively, to authorize some person in his or their absence respectively, to issue process, and do all acts appertaining to the said supreme court, and surrogate courts respectively, save and except the enquiring of, hearing, and determining of any crime or misdemeanor, or any suit or complaint of a civil nature.

In actions exceeding 10l. jurors may be summoned, but if a sufficient number should not appear, two assessors, with the chief justice or surrogate, may proceed to trial.

4. And be it further enacted by the authority aforesaid, That, where the cause of action shall exceed the sum of ten pounds, and it shall be prayed by the defendant in such suit or complaint, that a jury may be summoned to try such action, it shall be lawful for the said chief justice and surrogates respectively, and he and they are hereby respectively required to cause twenty-four persons to be summoned, of whom twelve shall be a jury for the trial of such action, and to proceed therein according to law: Provided always, That, if a number of jurors sufficient for the trial of such action having been duly summoned shall not appear to be sworn, it shall and may be lawful for the governor of the said island, and the surrogates in their several courts respectively, to nominate and appoint two proper persons to be assessors to the said chief justice, who, together with the said chief justice or surrogates respectively, shall proceed to the trial of such action, in like manner as if such jury had not been prayed.

Appeals may be made from judgements for sums exceeding 40l. in the surrogate court, and exceeding 100l. in the supreme court.

5. And be it further enacted, That upon any decree or judgement given in a surrogate court, for any sum exceeding forty pounds, it shall be lawful for the party against whom such decree or judgement shall be given, to appeal therefrom to the supreme court, having first given notice of such intention, and having entered into a security to the surrogate, in double the sum for which such judgement or decree was given or made, within two days after making or giving such judgement or decree, for duly prosecuting such appeal; and upon any decree or judgement given in the supreme court, for any sum exceeding one hundred pounds, it shall be lawful for the party, against whom such decree or judgement shall be given or made, to appeal therefrom to his Majesty in council, having first given notice of such intention, and having entered into security, to be approved by the chief justice, in double the sum for which such judgement or decree was given or made, within two days after the giving or making of such judgement or decree, for duly prosecuting such appeal; and in all cases of appeal, as soon as notice shall be given, and security entered into as aforesaid, execution shall be stayed, but not otherwise.

When goods are attached, if it shall appear that the party is insolvent, the court shall order his effects to be collected and distributed.

6. And whereas it will greatly contribute to the advancement of the trade and fishery of Newfoundland, if such effects as persons becoming insolvent in the said island of Newfoundland, and the islands aforesaid, were possessed of or entitled unto, within the said island, or on the islands or seas aforesaid, or on the banks of Newfoundland, should be divided among their creditors with more equality than hath hitherto been practised; be it further enacted, That, as often as the goods, debts, and credits of any person shall be attached, and it shall be made appear to the court out of which the process of attachment hath issued, that the goods, debts, and credits so attached are not sufficient to pay twenty shillings in the pound to all those who shall be creditors by reason of debts contracted within the island of Newfoundland, and on the islands and seas aforesaid, or on the banks of Newfoundland, it shall be lawful for such court to summon the party whose goods, debts, and credits are so attached, together with the plaintiff or plaintiffs who have sued out any attachment, and also such persons who are known to be creditors as aforesaid of the defendant, to appear in court at a certain day, and if upon a due examination of the defendant, and the said creditors, it shall appear that he or she is insolvent, the court shall declare him or her insolvent accordingly, and shall immediately proceed to take order for discovering, collecting, and selling the effects and debts of such person, and distributing the produce thereof rateably amongst all the said creditors of such person so declared insolvent, or to authorize some person or persons, being a creditor or creditors, to perform the same, such person or persons first entering into a recognizance in such sum as the court shall think fit, for the due performance of his or their duty therein; and that such court shall from time to time make such order therein as shall be deemed proper, for better discovering, collecting, and selling the effects and debts, and making a rateable distribution thereof among the said creditors.

Directions for the distribution of the effects of insolvent persons.

7. And be it further enacted, That in the distribution to be made of the estate and effects of such person so declared insolvent, every fisherman and seaman employed in the fishery, who shall be a creditor for wages become due in the then current season, shall first be paid twenty shillings in the pound, so far as the effects will go; and in the next place, every person who shall be a creditor for supplies furnished in the current season, shall be paid twenty shillings in the pound; and lastly, the said creditors for supplies furnished in the then current season, and all other creditors whatsoever, shall be paid equally in proportion, as far as the effects will go, provided that the said creditors for supplies furnished in the then current season shall not be paid more than twenty shillings in the pound on the whole of their debt.

Certificate of the court to be a bar to suit for debt prior to the declaration of insolvency.

8. And be it further enacted, That if such insolvent person shall make a true disclosure and discovery of all his or her goods and effects whatsoever, and shall conform him or herself to the order and direction of the said court, the same shall and may (with the consent of one half in number and value of his or her creditors) be certified by the said court, and such certificate, when pleaded, shall be a bar to all suits and complaints for debts contracted within the island of Newfoundland, and on the islands and seas aforesaid, and on the banks of Newfoundland, prior to the time when he or she was declared insolvent.

Suits, where the cause shall arise before Aug. 1, 1792, to be commenced within six years.

9. And be it further enacted, That where any cause of action shall have arisen before the first day of August one thousand seven hundred and ninety-two, no suit or complaint shall be commenced thereon at the distance of more than six years from the time when such cause of action arose.

10. And be it further enacted, That the said chief justice, or any person or persons appointed by him for that purpose, under his hand and seal, shall have power to grant administration of the effects of intestates, and the probate of wills; and that the effects of deceased persons shall not be administered within the island of Newfoundland, or on the islands and seas aforesaid; or on the banks of Newfoundland, unless administration thereof, or probate of wills respecting the same, shall have been duly granted by such authority as aforesaid.

31 Geo. III, cap. 29, continued till the opening of the supreme court.

11. And be it further enacted, That an act passed in the last session of Parliament, intituled, An act for establishing a court of civil jurisdiction in the island of Newfoundland, for a limited time, which act was to have continued in force from the tenth day of June one thousand seven hundred and ninety-one, for one year, and unto the end of the then next session of Parliament, shall be and continue in force until the opening of the supreme court instituted by virtue of this act, and no longer; and every suit or complaint which shall at that time be depending in the said court of civil jurisdiction, shall and may be proceeded upon in the said supreme court, in the same manner as any suit or complaint originally commenced in the said supreme court.

No court, except the supreme and surrogate courts, to hold pleas of a civil nature. Vice admiralty court may hold plea of maritime causes (except for wages), and causes of revenue. Disputes respecting wages of seamen, &c. may be heard in the court of sessions, or before two justices.

12. And be it further enacted, That it shall not be lawful for any court in the island of Newfoundland, or islands aforesaid (except the supreme court and the surrogate courts appointed by virtue of this act) to hold plea of any suit or complaint of a civil nature, any law, custom, or usage, to the contrary notwithstanding: Provided nevertheless, that the court of vice admiralty having jurisdiction in the said island, shall and may hold plea of maritime causes (except only the wages of seamen and fishermen, which are to be heard and determined in manner herein-after directed), and causes of the revenue, as heretofore practised and used: Provided also, that all disputes which shall arise concerning the wages of any seaman or fisherman, and all offences which shall be committed by any hirer or employer of such seaman or fisherman, against this or any other act, relating to the island of Newfoundland, or the islands and seas aforesaid, or the fishery thereof, shall and may be heard and determined, and the penalties and forfeitures thereby incurred shall and may be recovered in the court of sessions, or before any two justices of the peace.

Suits for debts not exceeding 40s. may be determined in a summary way, &c.

13. Provided also, and be it enacted, That it shall be lawful for the court of session, in a summary way, to hear and determine all suits for the payment of debts not exceeding forty shillings, and not contracted more than one year before the commencement of such suits respectively; and it shall be lawful for the court of session, or such two justices respectively, to award costs therein; and such determination and award shall be final, and shall be carried into execution by attachment and sale of the goods and effects of the party against whom the determination was made.

Chief justice to settle forms of process, and appoint the fees to be taken in the courts, etc. Fees in surrogate courts to be accounted for in the supreme court.

14. And be it further enacted, That it shall be lawful for the said chief justice to settle such forms of process, and such rules of practice and proceeding, for the conduct of all pleas, suits, and complaints, and for the dispatch of the business of the said supreme court, and surrogate courts, and of the business in the courts of session, or before any one or more justices of the peace respectively, and to appoint such reasonable fees to be taken for the conduct and dispatch of pleas, suits, complaints, and other business as aforesaid, and for the granting administration of the effects of intestates, and for the probate of wills, as shall seem necessary and proper for expediting matters with the most convenience and least expence to the parties concerned therein; and such process, and rules of practice and proceeding, shall be followed and obeyed; and such fees shall be paid accordingly, and no other; and that all such fees received in any surrogate court shall be paid and accounted for by the surrogate in the said supreme court; and that it shall be lawful for the said chief justice, and he is hereby required to settle and limit what fees and poundage shall be taken by the sheriff of Newfoundland, and the same shall be taken, and none other.

For the recovery and application of penalties.

15. And be it further enacted, That all fines, penalties, and forfeitures, imposed by any act of Parliament made, or which shall hereafter be made, relating to the island of Newfoundland, or the fishery thereof, may be recovered in a summary way in the said supreme court, or in any surrogate court; and every penalty and forfeiture of the sum of ten pounds or under, may be recovered in the court of session, or before any one or more justices of the peace; and all fines, penalties, and forfeitures imposed, paid, or levied in any surrogate court, or in any court of session, or before any one or more justices of the peace, shall be forthwith estreated, and paid into the said supreme court by the surrogate, or by the justice or justices of the peace respectively, before whom they were recovered; and it shall be lawful for the said supreme court to issue process for better compelling such justices and surrogates to bring to account all monies which ought to be so paid and accounted for as aforesaid; and all money arising from such fees, fines, penalties, and forfeitures shall be applied and appropriated towards defraying the expence of carrying this act into execution.

Limitation of actions. General issue. Treble costs.

16. And be it further enacted, That if any action or suit shall be brought or commenced against any person for any thing done in pursuance of this act, such action or suit shall be commenced within six months next after the matter or thing done; and the defendant in such suit or action may plead the general issue, and give this act and the special matter in evidence at any trial to be had thereupon; and if a verdict shall pass for the defendant, or the plaintiff shall be nonsuited, or discontinue his action after the defendant has appeared, or if judgement shall be given, upon any verdict or demurrer, against the plaintiff, the defendant shall recover treble costs, and have the like remedy for the same as defendants have in other cases by law.

No officer of the customs capable of acting as a justice.

17. And be it further enacted by the authority aforesaid, That no officer whatever, being in the service of his Majesty’s customs in the island of Newfoundland, shall be capable of acting as a justice of the peace in and for the said island.

Continuance of this act.

18. And be it further enacted, That this act shall continue in force until the tenth day of June one thousand seven hundred and ninety-three, and from thence to the end of the then next session of Parliament.

FINIS.