The Labrador Boundary

Privy Council Documents

Volume I

Instructions may be given to Governor of Newfoundland for Purposes of fulfilling Treaties, &c. with Foreign States.

Persons neglecting to comply with such Instructions.

Penalty 501.

Limitation of Prosecution.

Governor of Newfoundland empowered to dispose of Ships Rooms.

His Majesty may grant waste Lands, &c.

Penalties may be sued for in Newfoundland.

Continuance of Act.

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    XII. And be it further enacted, That it shall and may be lawful for His Majesty, His Heirs and Successors, by Advice of His or their 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 any Treaty or Treaties now in force between His Majesty and any Foreign State or Power; and in case 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 Fats, or other Works whatever, for the Purpose of carrying on the 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 to the Western Coast of the said Island to the Place called Cape Raye, 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, Custom or Usage to the contrary notwithstanding.

    XIII. And be it further enacted, 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 Requisitions 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 Fifty Pounds Sterling Money: Provided always, that every such Suit or Prosecution, if the same be commenced in Newfoundland, shall be commenced within One Year; and if commenced in any of His Majesty's Courts of Record at Westminster, within Two Years from the Time of the Limitation of Commission of such Offence.

    'XIV. And Whereas by an Act passed in the Fifty first Year of the Reign of His said Majesty King George the Third, the Governor of the Island of Newfoundland is empowered to dispose of certain Places in the Harbour of Saint John in the said Island, called "Fishing Ships' Rooms," as therein particularly described: And Whereas it is expedient that all other Fishing Ships Rooms in Newfoundland should be disposed of in like Manner;' Be it further enacted, That the Governor of Newfoundland for the Time being shall have Power, and lie is hereby authorized to sell, lease or dispose of all such Places within the said Island of Newfoundland, commonly called "Ships' Rooms," as may not be already disposed of under and by virtue of the said last mentioned Act, to be held in the same Manner as other Property in Newfoundland; provided however, that nothing herein contained shall extend or be construed to the Prejudice of any private Right of any Person whatever.

    XV. And be it further enacted, That it shall and may be lawful for His Majesty, His Heirs and Successors, to grant to any Persons or Person

p. 306

any waste and unoccupied Lands situate and being within the said Colony, and which have not hitherto been granted by His Majesty, or any of His Royal Predecessors, to any Persons or Person; any Thing in any Charter granted by any of His Majesty's Royal Predecessors, or in any Act of Parliament, to the contrary contained in any wise notwithstanding.

    XVI. And be it further enacted, That all Penalties hereby imposed shall and may be sued for and recovered in any of His Majesty's Courts of Record in the said Colony of Newfoundland, or its Dependencies, and shall go and be applied, One Half to the Benefit of any Person who may sue or inform for the same, and the other Half to His Majesty, for and towards the Support of the Government of the said Colony.

    XVII. And be it further enacted, That this Act shall continue and be in force for Five Years, and from thence until the End of the then next Session of Parliament.



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