The Labrador Boundary


Privy Council Documents


Volume I
Contents




For the Recovery and Application of Penalties.

Limitation of Actions.

General Issue.

Treble Costs.

No Officer of the Customs capable of acting as a Justice.

Continuance of this Act.


p. 295

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.

    XV. 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.

    XVI. 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.

    XVII. 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.

    XVIII. 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.

[1927lab]


 

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