The Labrador Boundary


Privy Council Documents


Volume I
Contents




Re-annexing Part of the Coast of Labrador and the Islands lying on the said Coast to the Government of Newfoundland.

31 G. 3, c. 31.

Sureme Court to hold Pleas arising within such Parts.

Recovery and Application of Penalities.

Limitation of Actions.

General Issue.

Treble Costs.


p. 195

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 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; provided, that no such Fees for the Dispatch of Pleas, Suits and Complaints, or other Business as aforesaid, or for granting Administration or Probate of Wills, and no Fees or Poundage to be taken by the Sheriff, shall be taken until the Rate and Table of every Fee or Poundage so to be taken shall have been approved by the Governor of the said Island of Newfoundland, and such Approbation signified under his Hand and Seal.

    XIV. And whereas His Majesty by His Proclamation of the Seventh Day of October One thousand seven hundred and sixty-three, was pleased to declare that he had put the Coast of Labrador from the River Saint John to Hudson's Streights, with the Islands of Anticosti and Madelaine, and all other smaller Islands lying on the said Coast, under the Care and Inspection of the Governor of Newfoundland: And whereas by an Act passed in the Fourteenth Year of the Reign of His present Majesty, intituled, An Act for making more effectual Provision for the Government of the Province of Quebec in North America, all such Territories, Islands and Countries, as since the Tenth Day of February One thousand seven hundred and sixty-three had been made part of the Government of Newfoundland, were, during His Majesty's Pleasure, annexed to and made Part of the Province of Quebec, as created by the said Proclamation: And whereas in pursuance of an Act passed in the Thirty-first Year of His present Majesty's Reign, intituled, An Act to repeal certain Parts of an Act, passed in the Fourteenth Year of His Majesty's Reign, intituled, "An Act for making more effectual Provision for the Government of the Province of Quebec in North America," and to make further Provision for the Government of the said Province, the said Province of Quebec was divided into Two Provinces of Upper and Lower Canada, the latter including the Parts of the Coast of Labrador and the said Islands so formerly annexed to the Government of Newfoundland: And whereas it is expedient that the said Coast of Labrador, and the adjacent Islands (except the Islands of Madelaine) should be re-annexed to the Government of Newfoundland; be it therefore enacted, That such Parts of the Coast of Labrador from the River Saint John to Hudson's Streights and the said Island of Anticosti, and all other smaller Islands so annexed to the Government of Newfoundland by the said Proclamation of the Seventh Day of October One thousand seven hundred and sixty-three, (except the said Islands of Madelaine) shall be separated from the said Government of Lower Canada, and be again re-annexed to the Government of Newfoundland; any thing in the said Act passed in the Thirty-first Year of His present Majesty's Reign, or any other Act, to the contrary notwithstanding.

p. 196

    XV. And be it further enacted, That it shall be lawful for the said Supreme Court of Judicature of the Island of Newfoundland to hold Plea of all Crimes and Misdemeanors committed, and of all Suits and Complaints of a Civil Nature arising within such Parts of the Coast of Labrador from the River Saint John to Hudson's Streights and the said Island of Anticosti, and all other smaller Islands so re-annexed to the Government of Newfoundland or on the Islands, Seas, and Harbours, to which Ships and Vessels repair from the Parts of the Coast of Labrador and the Island and Islands so re-annexed to the Government of Newfoundland for carrying on the Fishery, in the same Manner as the said Supreme Court holds Plea of Crimes and Misdemeanors committed, and of 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.

    XVI. 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.

    XVII. 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 Defendants, 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.

[1927lab]

 



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