The Labrador Boundary


Privy Council Documents


Volume I
Contents




How far Verdict not enquired into.

Actions may be removed from one Court to another,

on Certificate of Judge.

In what case Defendants not appearing on Summons, their Goods to be attached or Persons arrested, &c.

Regulations as to Discharge of Defendant if in Custody.

Damages and Cost.

Powers given for making Rules and Orders for the Proceedings in the Supreme Court and Circuit Courts, &c.

51 G. 3. c. 45.
§ 2. repealed.

Power to the Governor to institute a Court of Civil Jurisdiction on the Court of Labrador, &c.

Court to be held by One Judge, and to hear and determine Complaints of a Civil Nature.

Appeal to Supreme Court in certain Cases.

Notice.

Security.

Stay of Execution.

Appeal from Supreme Court to His Majesty in Coucil.

Governor, on Arrival of His Majesty's Charter,

to notify by Proclamation when the Courts shall be opened, and thereupon so much of 49 G. 3. c. 27. as relates to the Courts thereby instituted, shall be repealed, and Proceedings and Records of those Courts delivered over to the Courts instituted under this Act.

General and Quarter Sessions held as Governor shall appoint.

Jurisdiction.

Proceedings in Cases of Insolvency.

Notice to Parties to attend.

Trustees appointed.

Declaration of Insolvency.

Distribution of Estate.

Insolvents, on making Disclosure of their Effects and conforming to Directions of Judges, may recieve Certificates, with Consent of One half in Number and Value of the Creditors.


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Cases of Appeal, where Notice shall be given and Security perfected as aforesaid, Execution shall be stayed, and not otherwise; and the said Supreme Court shall and may enquire into, hear and decide all Questions, whether of Law or of Fact, arising upon any such Appeal, but shall not admit or receive any Evidence which was not tendered to the Circuit Court from which such Appeal may be brought on the Hearing or Trial of any such Suit or Action therein: Provided always, that the said Supreme Court shall not reverse, alter or enquire into any Judgment of the said Circuit Courts, founded on the Verdict of a Jury, except only for Error of Law apparent upon the Record.

    XV. And be it further enacted, That as often as any Action or Suit shall be brought in the Supreme Court, or in either of the said Circuit Courts respectively, and it shall be made to appear to the Court before which such Action or Suit may be pending, that such Action or Suit may be more conveniently heard and determined either in the said Supreme Court or in some other of the said Circuit Courts, it shall be lawful for such Court to permit and allow such Action or Suit to be removed to such other Court, and such Allowance shall be certified by the Judge, together with the Writ or Process and Proceedings in such Action or Suit, to the Court into which such Action or Suit shall be intended to be removed; and thereupon it shall be lawful for such last mentioned Court, and such Court is hereby required to proceed in such Action or Suit in like Manner as if the same had been originally commenced and prosecuted in such last mentioned Court.

    XVI. And be it further enacted, That in all Actions at Law or Suits in Equity, which shall be brought in the said Courts respectively, where Goods to be attached the Debt or Sum demanded shall not be sworn to as hereinafter mentioned, or Persons arrested, the Defendant or Defendants in such Action or Suit shall be made to appear to such Action or Suit by Summons, to be issued by the Chief Judge of the said Supreme Court, or by the Judges of the said Circuit Courts respectively, and served by the proper Officer on the said Defendant or Defendants personally, or left at his, her or their usual Place of Abode; and in all Cases where such Summons shall be disobeyed, or where the Debt, Damages or Thing demanded shall exceed Ten Pounds Sterling Money, and shall be sworn to in an Affidavit made by the Plaintiff or Plaintiffs, or his, her or their lawful Attorney, then the said Defendant or Defendants shall be made to appear by Attachment of his, her or their Goods, Debts or Effects, or by Arrest of the Person of the said Defendant or Defendants; and in case of his, her or their Goods, Debts or Effects being attached as aforesaid, such Goods, Debts or Effects, or so much thereof as shall be judged by the said Court sufficient to satisfy the Debt or Damages, shall be held as Security for such Debt or Damages, and shall abide the Order, Judgment or Decree of the Court issuing such Attachment, unless the Defendant or Defendants, or some Person on his, her or their Behalf, shall appear and give good and sufficient Bail, to be approved by such Court, to satisfy such Judgment, Decree or Order; and where the Defendant or Defendants has or have been arrested, he, she or they shall not be discharged out of Custody until he, she or they shall in

p. 313

like Manner have given good and sufficient Bail, to be approved by such Court, to satisfy the Judgment, Decree or Order of the Court in the Cause in which such Arrest was made; and it shall also be lawful for the said Courts respectively, when any such Action or Suit as aforesaid shall be depending therein, to cause to appear from Day to Day all Parties interested therein, and to examine upon Oath any of such Parties, in case such Examination shall appear to the said Court necessary for the Discovery of the Truth, but not otherwise; and thereupon, and after due Consideration of all Circumstances of the Case, to make such Order, Judgment or Decree therein, and award such Damages and Costs as shall be just and equitable; and such Order, Judgment or Decree shall be enforced by Attachment and Sale of the Goods, Debts and Effects, or by Arrest of the Person or Persons against whom such Order, Judgment or Decree shall be made, and Imprisonment of such Person or Persons until such Order, Judgment or Decree shall be performed and satisfied.

    XVII. And be it further enacted, That it shall be lawful for His Majesty, His Heirs and Successors, by such Charter or Letters Patent as aforesaid or by any Order or Orders to be hereafter issued by and with the Advice of Proceedings in the His or Their Privy Council, to make and prescribe, or to authorize and empower the said Supreme Court of Newfoundland, under such Limitations as His Majesty shall deem proper, to make and prescribe such Rules and Orders touching and concerning the Forms and Manner of Proceeding in the said Supreme Court and Circuit Courts respectively, and the Practice and Pleadings upon all Indictments, Informations, Actions, Suits and other Matters to be therein brought; or touching or concerning the appointing of Commissioners to take Bail, and examine Witnesses; the taking Examinations of Witnesses de bene esse, and allowing the same as Evidence; the granting of Probates of Wills and Letters of Administration; the Proceedings of the Sheriff and his Deputies, and other Ministerial Officers; the summoning of Assessors for the Trial of Crimes and Misdemeanors in the said Circuit Courts; the Process of the said Court, and the Mode of executing the same; the impannelling of Juries; the Admission of Barristers, Attornies and Solicitors; the Fees, Poundage or Perquisites to be lawfully demanded by any Officer, Attorney or Solicitor in the said Courts respectively; and all other Matters and Things whatsoever touching the Practice of the said Courts, as to His Majesty, His Heirs and Successors, shall deem meet for the proper Conduct of Business in the said Courts; and such Rules and Orders from time to time to alter, amend or revoke, as to His Majesty, His Heirs and Successors, shall seem requisite.

    "XVIII. And whereas it is expedient to make further Provision for the Administration of Justice on the Coast of Labrador;" Be it further acted, That so much of an Act passed in the Fifty first Year of the Reign of His said Majesty George the Third, intituled An Act for taking away the Public Use of certain Ships Rooms, in the Town of Saint John's in the Island of Newfoundland, and for establishing Surrogate Courts on the Coast of Labrador,

p. 314

and in certain Islands adjacent thereto, as relates to the Institution of Surrogate Courts, shall be, and the same is hereby repealed; and that it shall and may be lawful for the Governor or Acting Governor of Newfoundland for the Time being, to institute a Court of Civil Jurisdiction at any such Parts or Places on the Coast of Labrador, or the Islands adjacent thereto, which, in and by the said Act passed in the Fifty first Year of the Reign of His Majesty George the Third are reannexed to the Government of Newfoundland, as Occasion shall require; and such Court shall be held by One Judge, and shall be a Court of Record, and shall have Jurisdiction, Power and Authority to hear and determine all Suits and Complaints of a Civil Nature arising within any of the said Parts and Places on the Coast of Labrador, or the Islands adjacent thereto; and the said Court shall be holden by a Judge, who shall be appointed from time to time by the Governor or Acting Governor of Newfoundland, and shall have a Clerk and such other Ministerial Officers as the Governor or Acting Governor shall appoint; and the Proceedings of the said Court shall be summary, and such Forms of Process, and such Rules of Practice and Proceeding as shall be settled by the Chief Judge of the said Supreme Court, shall be followed by the said Court, and no other.

    XIX. And be it further enacted, That it shall and may be lawful for the Plaintiff or Plaintiffs, Defendant or Defendants against whom any Judgment Decree or Order of the said Court shall be given, for or in respect of any Sum or Matter at Issue above Fifty Pounds Sterling, or where the Matter in Dispute shall relate to the Title to any Lands, Tenements, Right of Fishery, annual Rent or other Matter, where, in the Judgment of the said Court, Rights in future may be bound, to appeal therefrom to the said Supreme Court; and the Party or Parties appealing from such Judgment, Decree or Order, shall, within Seven Days from the passing thereof, give Notice to the Adverse Party or Parties of such Appeal, and within Fourteen Days from and after such Judgment, Decree or Order, enter into sufficient Security, to be approved by the Judge of the said Court or some Person to be appointed by him for that Purpose in his Absence, to satisfy or perform the said Judgment, Decree or Order, in case the same shall be affirmed or the Appeal dismissed, together with such further Costs as shall be awarded thereon; and in all Cases of Appeal, where Notice shall be given and Security perfected as aforesaid, Execution shall be stayed and not otherwise.

    XX. And be it further enacted, That it shall and may be lawful for His Majesty, by His said Charter or Letters Patent, to allow any Person or Persons, feeling aggrieved by any Judgment, Decree, Order or Sentence of the said Supreme Court, to appeal therefrom to His Majesty in Council, in such Manner, within such Time, and under and subject to such Rules, Regulations and Limitations as His Majesty by such Charter or Letters Patent respectively, shall appoint and direct.

    XXI. And be it further enacted, That the Governor or Acting Governor barter of Newfoundland, upon the Arrival in the said Colony of His Majesty's Charter

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or Letters Patent for the Establishment of the said Courts by virtue of this may Act, shall by Proclamation notify to the Inhabitants of the said Colony, the Time when the said Courts respectively shall be intended to be opened; and as soon as the Judges of the said Supreme Court shall have assumed and entered upon the Exercise of their Jurisdiction therein then and from thenceforth so much of the Act passed in the Forty ninth Year of the Reign of His late Majesty George the Third, intituled An Act for establishing of Courts of Judicature in the Island of Newfoundland and in the Islands adjacent; and for reannexing Part of the Coast of Labrador, and the Islands lying on the said Coast, to the Government of Newfoundland, as relates to the Courts thereby instituted, and respectively called the Supreme Court of Judicature of the Island of land, Newfoundland, and Surrogate Courts, shall cease to be in force and determine; and every Suit, Action, Complaint, Matter or Thing, which shall be depending in such last mentioned Courts respectively, shall and may be proceeded upon in the Supreme Court instituted under and by virtue of this Act or either of the said Circuit Courts which shall have Jurisdiction within the District or Place in Newfoundland where such Action or Suit respectively was depending; and all Proceedings which shall thereafter be had in such Action or Suit the respectively, shall be conducted in like Manner as if such Action or Suit had been originally commenced in one or other of the said Courts instituted under this Act; and all the Records, Muniments and Proceedings whatsoever, of and belonging to the said Courts instituted under the said recited Act respectively, shall, from and immediately after the opening of the said Courts respectively instituted under this Act, be delivered over and deposited for safe Custody in such of the said Courts respectively instituted under this Act as shall be found most convenient, and all Parties concerned shall and may have recourse to the said Records and Proceedings, as to any other Records or Proceedings of the said Courts respectively.

    XXII. And be it further enacted, That Courts of General and Quarter Sessions shall be holden at Newfoundland and its Dependencies at such Times and Places as the Governor or Acting Governor of Newfoundland and its Dependencies at such Times and Places as the Governor or Acting Governor of Newfoundland shall by his Proclamation appoint; and the said Courts of Sessions respectively shall have Power and Authority, in a summary Way, to take Cognizance of all Suits for the Payment of Debts not exceeding Forty Shillings, except the Matter in Dispute shall relate to the Title to any Lands or Tenements or to the taking or demanding of any Fee of Office or Annual Rent, and to award Costs therein; and also to hear and determine all Disputes, to any Amount, which may arise in Newfoundland concerning the Wages of Seamen or Fishermen, the supply of Bait, the Hiring of Boats for the Fishery, and all Disputes arising in Newfoundland aforesaid concerning the curing or drying of Fish, where the Sum or Matter in Question does not exceed or is not of the Value of more than Five Pounds Sterling; and the Judgment, Determination or Award of the said Courts of Sessions or Justices respectively, in all such Cases, shall be final.

p. 316

    "XXIII. And Whereas it is expedient to make Provision for declaring Insolvencies in Newfoundland;" Be it further enacted, That as often as any Writ of Attachment or other Process for the Recovery of any Debt or Sum due, shall be issued by the said Supreme or Circuit Courts respectively, against any Person or Persons residing or having a House of Trade, or carrying on Business in Newfoundland, or any Place within the Government thereof, and it shall be made to appear to the said Court out of which such Writ or Process shall have issued, at the Return thereof, that the Person or Persons against whom such Writ or Process Bath issued is or are unable to pay Twenty Shillings in the Pound to all his, her or their Creditors, it shall be lawful for such Court to cause the Person or Persons against whom such Process shall have issued, together with all his, her or their Creditors, to be summoned by public Notice to attend the said Court on a certain Day, and in the mean Time, if it shall appear necessary to the said Court, to appoint One or more of the said Creditors as Provisional Trustee or Trustees to discover, collect and receive the Estates and Effects of such Person or Persons so appearing to be insolvent, subject to the Orders and Directions of the said Court; and if after due Examination of the Person or Persons against whom Process shall have issued as aforesaid, or his, her or their lawful Agent or Agents, or if such Person or Persons shall abscond or fail to attend the said Court pursuant to Summons as aforesaid, it shall be made to appear to the Satisfaction of the said Court, that such Person or Persons is or are insolvent, it shall be lawful for the said Court to declare such Person or Persons insolvent accordingly, and immediately to take order for discovering, collecting and selling the Estates, Debts and Effects of such Insolvent, and distributing the Produce thereof amongst all his, her or their Creditors, and for that Purpose to authorize any Two or more Creditors of the said Insolvent or Insolvents, who shall be chosen by the major Part in Value of such Creditors, or their Agents duly authorized in such Behalf whose Debts amount respectively to the Sum of Twenty Pounds and upwards, to act as Trustees of such insolvent Estate; and such Court shall from time to time make such Orders as it shall deem proper, for better discovering, collecting, realizing and distributing the Estates, Debts and Effects of the Person or Persons so declared insolvent, and as often as Occasion shall require, for vesting the same or any Part thereof, in the Public Funds or Securities in England, in the Name or Names of such Person or Persons as shall for that Purpose be appointed by the said Court until Distribution can be made, as hereafter mentioned.

    XXIV. And be it further enacted, That if such insolvent Person or Persons shall make a full and true Disclosure, Discovery and Surrender of all his, her or their Estates, Goods, Debts and Effects, and shall conform to the Orders and Directions of the said Judges of the said Courts respectively, the same shall and may, with the Consent in Writing under the Hands of One Half in Number and Value of the Creditors of such Insolvent or Insolvents, be certified by the respective Judges, under the Seal of the said Courts respectively; and such Certificate may be pleaded, and shall be a Bar to

[1927lab]



 

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