p. 1436 N
NEWFOUNDLAND ACT 26 VICT. c 2, TO PROVIDE FOR COLLECTION OF REVENUE AND BETTER ADMINISTRATION OF JUSTICE AT THE LABRADOR.
C.O. 196/4. NEWFOUNDLAND ACTS. 26 Victoria, Cap II.
An Act to provide for the Collection of the Revenue and for the better Administration of Justice at the Labrador.
Passed 25th March 1863.
Whereas it is expedient to provide for the collection of the Revenue and for the better Administration of Justice at the Labrador: Be it therefore enacted by the Governor, Legislative Council and Assembly, in Legislative Session convened, as follows:
I. It shall be lawful for the Governor, by Letters Patent under the Great of Seal of the Island of Newfoundland, to institute a Court of Civil and Criminal Court at Jurisdiction at the Labrador; and such Court shall be a Court of Record, and shall be presided over by one Judge, to be appointed by the Governor in Council; and shall, over all such parts of the Labrador as be within the Powers of Government of Newfoundland, have jurisdiction, power and authority, to hear and finally determine all Criminal Prosecutions for Assaults and Batteries, and for Larcenies without force to the person, committed within the limits aforesaid; and all Actions and Suits of a Civil nature, wherein the debt, damage or thing demanded, shall not exceed in amount or value One Hundred Pounds.
II. The Proceedings of the said Court shall be summary; a Record of such proceedings shall be kept and signed by the Judge thereof; and the forms of Process and other proceedings in Civil cases shall be as set out in Schedule to this Act annexed, and in Criminal matters shall be those used in summary proceedings of a like character by Justices of the Peace in this Island.
III. The Salary of the Judge of such Court shall not exceed Two Hundred and Fifty Pounds; and there shall be such officers of the said Court as the Governor in Council shall appoint; and the salaries of such Officers shall be fixed by the Legislature.
IV. It shall be lawful for any Party against whom any Judgement or Order of the said Court may be given in any matter over Fifty Pounds, or where the matter in dispute shall relate to the Title to any Lands or Fishery, or where the right in future may be bound, within two days after such Judgment or Order to appeal therefrom to the Supreme Court, giving one day's notice to the opposite party of such intended Appeal; and upon such Appellant, within seven days, giving security, to the satisfaction of the Judge, for the speedy prosecution of such Appeal, for the performance of the Judgment or Order of the Superior Court, or for the performance of the Judgment of the Court of Labrador, should the same be affirmed or the Appeal dismissed, and in such last mentioned cases also for the payment of the costs of such Appeal, Execution shall be stayed upon the Judgment of the Court below Provided that it shall be competent to such Judge, upon reasonable grounds, to extend the time for such Appeal, and that it shall be lawful for him, when he shall think it necessary, to reserve any question of Law arising in any case before him for the consideration of the Supreme Court, suspending his Judgment in the meanwhile until such question shall have been determined.
V. When an Appeal shall be allowed in manner aforesaid, a copy of all proceedings in the Court below, authenticated under the Hand and Seal of the Judge thereof and of any other officer, if any such, who may be appointed for that purpose, shall be transmitted by such Judge to the Registrar of the Supreme Court, and after adjudication it shall be competent to the Supreme Court to carry such Adjudication into effect by its own process, or to direct that the same be carried into effect by the Court below, as may be considered most expedient.
VI. The Judge of the said Court shall be, ex-officio, a Justice of the Peace and Coroner for all places within the limits aforesaid, with the like Power and Authority in all respects as are or may be exercised by any Justice of the Peace or Coroner lawfully appointed in Newfoundland.
VII. Criminal Offenders sentenced by the said Court to imprisonment, offenders and Debtors arrested under final process, may be confined in any place of andarrested security within the limits aforesaid the said Judge may direct, or may be Debtors conconveyed to any Gaol in Newfoundland, there to remain until removed or find, as discharged in due course of law.
VIII. The Provisions of an Act passed in the Sixth Year of the Reign of Her present Majesty, entitled “An Act to repeal an Act passed in the Fifth Year of the Reign of His late Majesty, entitled, ‘An Act to amend the Law of Attachment, and to facilitate the Recovery of Debts from absent or absconding Debtors, and to make other provision for the Amendment of the Law of Attachment,’” and of an Act passed in the Twelfth Year of the Reign of Her present Majesty, entitled “An Act to amend the Law of Attachment in this colony, and to regulate the Fees in certain cases payable therein,” so far as the same relate to the sale of perishable property attached,
the recovery of Debts and Effects attached in the hands of third parties, the Examinations of such third parties, the Attaching for Costs and the Levying of Monies under a Writ of Execution, shall be applicable to the proceedings of the Court hereby established, Provided that an Attachment may issue for any amount exceeding Forty shillings.
IX. That is shall be lawful for the Governor in Council to appoint the said Judge or some other competent person to be Superintendent of the Fisheries on the Coast of Newfoundland and the Labrador, and to appoint the same or other competent Person to be a Collector of Revenue on the Labrador.
X. It shall be lawful for such Collector, subject to the control of the Governor in Council, to appoint Sub-Collectors under him at the principal Ports and Places on the Labrador, and such Collector and his Deputies shall have the like Power and Authority in and for the Collection of the Revenue on the Coast of Labrador, and shall give the like Security for the right discharge of the Duties of their respective offices, as are by Law provided with respect to Customs and Revenue Officers in this Island.
XI. The Revenue collected under this Act shall be applied in the first place towards defraying the Cost of Protection of the Fisheries, and of carrying the Provisions herein contained into effect, and the surplus, if any, shall be paid to the Receiver General for the Uses of the Colony.