p. 571 C
ADDITIONAL INSTRUCTIONS PASSED UNDER THE ROYAL
SIGN MANUAL AND SIGNET FOR MARK MILBANKE,
AS GOVERNOR AND COMMANDER-IN-CHIEF IN AND OVER THE ISLAND
C.O. 195. VOL. 15.
Additional Instructions to Our Trusty and Welbeloved Mark Milbanke Esqr Governor and Commander in Chief of Our Island of Newfoundland. Given at Our Court at St James's the Seventh day of August 1790. In the Thirtieth Year of Our Reign.
Whereas by Our Letters Patent under Our Great Seal of Great Britain, bearing date, the * day of this Instant August, We have thought fit to Erect a Court of Civil Jurisdiction within Our Island of Newfoundland for hearing and determining in a Summary way, all Pleas concerning Debts, Accounts, or other Contracts, and all other Personal Pleas whatsoever, excepting such as may now be heard and determined by any Jurisdiction established in Our said Island by any Act or Acts of Parliament.
And whereas in conformity to the said Letters Patent, We have appointed Our Trusty and Welbeloved Aaron Graham Esqr to preside in the said Court, and have directed him to proceed forthwith to Our said Island of Newfoundland. It is Our Royal Will and Pleasure that on Your arrival there, you do appoint Two fit and proper Persons under Your Hand and Seal as Assessors to Our Judge of the said Court; taking Care that in the Choice of the Persons so to be appointed they be Men of good fame; that they have no concern in the Fisheries carried on in the said Island, and that they and our said Judge appointed as aforesaid, or other Officers or Ministers belonging to, or appertaining to them, do not presume or be suffered to act in such Office or place, until he or they have taken the Oaths mentioned in the Act of Parliament entitled "An Act for the Security of His Majesty's Person and Government, and the Succession of the Crown in the Heirs of the late Princess Sophia being Protestants, and for extinguishing the hopes of tie pretended Prince of Wales and his Open and Secret Abettors" as the same is altered by an Act entitled "An Act for altering the Oath of Abjuration and the Assurance and for amending so much of an Act of the"
"Seventh Year of Her late Majesty Queen Ann entitled 'an Act for the Improvement of the Union of the Two Kingdoms'" as after the time therein limited requires the delivery of certain Lists and Copies therein mentioned to Persons indicted of High Treason or Misprision of Treason, as also made and subscribed the Declaration mentioned in an Act of Parliament made in the Twenty Fifth Year of the Reign of King Charles the Second entitled "An Act for preventing Dangers which may happen from Popish Recusants" and also taken such proper Oaths as are usually taken in this Kingdom by Persons executing such Offices and Trusts, which said Oaths and Declaration you shall administer, and give or cause the same to be administered and given to all and every Person or Persons who ought to take the same according to the Laws and Customs of this Kingdom.
It is Our further Will and Pleasure that in case there shall not already be any Building erected within Our said Island of Newfoundland proper and convenient for a Court House for the more orderly meeting of Our Judge of Our said Court of Civil Jurisdiction and his Assessors and also a convenient Prison for the safe Custody of such Persons as may be committed, under the Authority of the said Court, that you do cause a Plan of such Buildings to be forthwith prepared with an Estimate of the Expence which may be likely to be incurred in constructing the same, which Plan and Estimate you will deliver to Our Secretary of State for the Home Department to be laid before Us for Our Royal Consideration on your return from Newfoundland.
And Whereas We have thought fit, that a proper and sufficient Salary should be given to the Judge of Our said Court, to compensate his Services, and that he should be restrained from taking any Fee, or Gratuity whatsoever for any Judgment given, or business done in Our said Court under pain of losing his Employment: It is Our Will & Pleasure that you do, as far as depends upon you enforce a due Compliance with this restriction; But as no such Salaries have been fixed for the Two Assessors to be appointed by you as before mentioned, It is Our further Will and Pleasure, that you do allow for the present Season such Fees to be taken by them as You and the Judge of the said Court may deem reasonable and moderate for the Duties they may perform; and that You do upon Your return from Newfoundland at the end of the present Season, lay before Us, for Our Royal Approbation, a Table of such Moderate Fees, as may be proper to be established in future.
As in the heighth of the Fishing Season the Attendance of Persons concerned therein will be likely to be of great Inconvenience to them and to be very detrimental to their Interests. It is Our Royal Will & Pleasure that you do recommend it to the Judge to conduct the Business of the said Court during that time, in such manner as to interrupt as little as possible the carrying on of the said Fisheries: And if it should happen that the Judge should die during the Fishing Season, You are in such case to appoint a Person then resident in Our said Island to act in his Place during the remainder of such Fishing Season. And in Order to afford time to Our said Judge to finish the Business of the Court in the Interval after the heighth of the Fishing Season shall be over, You are to continue on the Coast as long as the Season
will permit consistently with the Safety of the Ships and Vessels under Your Command.
And Whereas We have thought fit that Our Subjects residing in Our said Island of Newfoundland in case they should feel themselves aggrieved by any Judgment passed in Our said Court of Civil Judicature shall have liberty of Appealing unto Us in Our Privy Council, provided the Sum to be recovered exceeds £100 Sterlg. It is Our Royal Will and Pleasure that you do on Application being made to you for that purpose permit and allow Appeals from any Sentence of the said Court provided the same be made within the Space of Fourteen Days, and that the Sum or Value so appealed far exceeds the Sum above mentioned, and good Security be given by the Appellant that he will effectually prosecute the same and answer the Condemnation, as also pay such Costs and Damages as shall be awarded by Us in case the Sentence of the Court should be affirmed, provided nevertheless where the matter in question relates to the taking or demanding any Duty payable unto Us, or to any Fee of Office or Annual Rents, or such other like matter or thing where Our Rights in future may be bound, in all such Cases You are to admit an Appeal unto Us in Our Privy Council though the immediate Sum or value appealed for be of a less Value, and it is Our further Will and Pleasure, that in all Cases whereby Your Instructions You are to admit Appeals in Our Privy Council, execution be suspended until the final Determination of such Appeal, unless good and sufficient Security be given by the Appellee to make ample Restitution of all that the Appellant shall have lost by means of such Decree or Judgment in Case upon the Determination of such Appeal, such Decree or Judgment should be reversed and restitution awarded to the Appellant.