Down North on the Labrador Circuit: The Court of Civil Jurisdiction 1826 to 1833
by Nina Jane Goudie


ENDNOTES

1
Judge Sweetland, “Proceedings of the Labrador Circuit Court, 1863,” Labrador Boundary Case, Oral Argument, 1927, V. IV, p. 1143.
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2
George Simms, Court of Sessions, Labrador, 1827-1832, GN5/5/G/1, Book No. 2, p. 32. A coroner's inquest was subsequently held at Seal Island Harbour.
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3
The exact geographic parameters of the court were defined to as “from the entrance of the Hudson's Straits to a line to be drawn due north and south from Blanc Sablon on the said coast to the fifty-second degree of north latitude and all the Islands adjacent to the said coast of Labrador.” James Blaikie and George Simms, Records of the Court of Civil Jurisdiction, Labrador, 1826-1833, PANL, pp. 2-3.
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4
An Act For the Better Administration of Justice in Newfoundland, 5 Geo. IV., Cap 67, 1824.
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5
Jerry Bannister, The Rule of the Admirals: Law, Custom, and Naval Government in Newfoundland, 1699-1831, (Toronto: Osgoode Society for Canadian Legal History, 2003), pp. 109-112; The court documents refer to him as “the Honorable William Paterson, Captain in the Royal Navy and Companion of the most Honorable Military Order of the (Bath).”
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6
Reportedly, 150 to 200 vessels traveled yearly from Newfoundland to fish off Labrador and over three thousand from the United States. In 1829 an estimated 3 000 000-hundredweight of fish was caught by Americans; Vaino Tanner, Outlines of the Geography, Life and Custom of Newfoundland-Labrador (The eastern part of the Labrador Peninsula). (Helsinki: OV Tilgmann AB, 1944), pp. 729-733; Patricia Thornton, The Evolution of Initial Permanent Settlement on the Strait of Belle Isle,(St. John's: Memorial University, 1974), pp. 5-6; Patrick O'Flaherty, Old Newfoundland: A History to 1843, (St. John's: Long Beach Press, 1999), p. 127; Harold A. Innis, The Cod Fisheries: The History of an International Economy, (Toronto: University of Toronto Press, 1954) , p. 226.
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7
Histories of Labrador are few and would be historians are limited by the dearth of documentation about early life there. Examples of Labrador historians include: Gosling, Labrador; John C. Kennedy, People of the Bays and Headlands: Anthropological History of the Fate of Communities in the Unknown Labrador. (Toronto: University of Toronto Press, 1995); Lynn D. Fitzhugh, The Labradorians: Voices from the Land of Cain. St. John's: Breakwater, 1999; James K.Hiller, “The Foundation and Early Years of the Moravian Mission in Labrador, 1752 to 1805,” Thesis (M.A.) MUN, 1967; Tanner, Outline; Romkey, Bill, The Story of Labrador, (Montreal: McGill-Queen's University Press, 2003). Many major writings on Labrador have concentrated on the Moravian Missions and Sir Wilfred Grenfell, both considered cornerstones in the development of northern and southern Labrador respectively. However, this study excludes both because of time and place: Grenfell first came to Labrador in 1892; The Moravians arrived in Labrador in the eighteenth century. They initially visited Chateaux Bay in 1765 to help Governor Palliser befriend the natives there. However their presence there was temporary. When Moravians set up permanent posts, all were located north of Hamilton Inlet.
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8
John Reeves, History of the Government of the Island of Newfoundland (Yorkshire: SR Publishers Limited, 1967); D.W. Prowse, A History of Newfoundland from the English, Colonial and Foreign Records, (Belleville: Macmillan and Co., 1972); W.G. Gosling, Labrador — Its Discovery, Exploration and Development, (London: Alston Rivers Limited, 1910). Gosling's writings of Labrador were a labour of love that originated at the encouragement of Wilfred Grenfell. Source: A.N. Gosling, William Gilbert Gosling: A Tribute. (New York, The Guild Press, 1935), p. 49.
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9
Peter Burke, New Perspectives on Historical Writing, 2nd ed., (University Park, 2001), pp. 3-5.
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10
Greg Marquis, “Law, Society, and History: Whose Frontier?” Acadiensis, p. 162.
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11
Keith Matthews, Collection and Commentary on the Constitutional Laws of Seventeenth Century Newfoundland, (St. John's: Memorial University, 1975); Christopher English, “From Fishing Schooner to Colony: The Legal Development of Newfoundland, 1791-1832.” in Law, Society, and the State: Essays in Modern Legal History (Toronto: University of Toronto Press, 1995), pp. 72-93; “The Development of the Newfoundland Legal System to 1815,” in Acadiensis. V.20(1), Autumn, 1990, pp. 89-119; “Newfoundland's Early Laws and Legal Institutions: From Fishing Admirals to the Supreme Court of Judicature in 1791-92,” Canada's Legal Inheritances, (Winnipeg: University of Manitoba, 2001) Christopher English and Christopher C. Curran, Silk Robes & Sou'westers: The Supreme Court 1791 - 1991, Commemorative Essay, St. John's, 1991; Bannister, The Rule of the Admirals.
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12
Major collections: James Blaikie and George Simms, Records of the Court of Civil Jurisdiction, Labrador, 1826-1833; George Simms, Court of Sessions, Labrador, 1827-1832, Provincial Archives of Newfoundland and Labrador (PANL), GN5/5/G/1, Books 1&2; Labrador Boundary Case, Oral Argument, Volumes I-V, 1927, MUN Centre for Newfoundland Studies.
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13
Gordon O. Rothney, “The Case of Bayne and Brymer, an Incident in the Early History of Labrador,” The Canadian Historical Review, Volume XV, 1934, pp. 264-275; Gordon O. Rothney, “The History of Newfoundland and Labrador, 1754 to 1783,” (M.A. Thesis), 1934, p.191; Hiller, “The Foundation” p. 33.
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14
Gosling, Labrador, p. 440; Tanner remarked, “It seems scarcely necessary to argue that Newfoundland is the proper country to have jurisdiction over Labrador.” Tanner, Outlines, p. 41.
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15
Governor Holloway to Lord Castlereagh, Isis at Spithead, 18th November, 1808, Labrador Boundary Case, V.111, pp. 962-963.
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16
Reverend L.A. Anspach, A History of the Island of Newfoundland (containing a description of the Island, the Banks of Newfoundland and the Coast of Labrador), (London: Sherwood, Gilbert and Piper, 1827), p. 324.
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17
Gosling, Labrador, pp. 438, 440.
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18
An Act for Establishing Courts of Judicature in the Island of Newfoundland and the Islands adjacent; and for reannexing part of the Coast of Labrador and the islands on the said coast to the Government of Newfoundland, 49 Geo. III c.27.
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19
William H Whiteley, Duckworth's Newfoundland: The Island in the Early Nineteenth Century, (St. John's: Harry Cuff Publications, 1985), pp. 20-21; Shannon Ryan, “The Newfoundland Salt Cod Trade in the Nineteenth Century,” Newfoundland in the 19th and 20th Centuries: Essays in Interpretation, (James Hiller and Peter Neary, editors). (Toronto: University of Toronto Press), pp. 47-52.
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20
Olaf Janzen, Newfoundland and the British Maritime Strategy during the American Revolution, Phd Thesis, (Kingston: Queen's University, 1983), pp. 148-150; Innis, Cod Fisheries, p. 226.
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21
Prowse, History, pp. 692, 697. Ryan, Newfoundland, p. 42; O'Flaherty, Old Newfoundland, p. 126. Glenn John Keough, Economic Factors and Privateering at Newfoundland During the War of 1812, Thesis (MA), (University of New Brunswick, 1995), pp. v, 66.
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22
Gosling, Labrador, p. 403.
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23
Keough, Economic Factors, p. 59; Gertrude Gunn, The Political History of Newfoundland, 1832-1864, (Toronto: University of Toronto Press, 1966), p. 6; Merrill Francis, Population Growth in Newfoundland up to 1833, (St. John's: Maritime History Archives, 1988), pp.5-7; Gunn, Political History, pp. 9, 205-206.
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24
Whiteley, Duckworth's, pp. 21-22; Raymond J. Lahey, Religion and Politics in Newfoundland: The antecedents of the General Election of 1832, (St. John's: MUN, 1979), p. 6; John P. Greene, Between Damnation and Starvation: Priests and Merchants in Newfoundland Politics, 1745-1855, (Montreal: McGill-Queen's University Press, 1999), pp. 24-46; Gunn, Political History, p. 206.
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25
Gerald Sider, Between History and Tomorrow: Making and Breaking Everyday Life in Rural Newfoundland, (Peterborough: Broadview Press, 2003), pp. 79-84.
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26
O'Flaherty, Old Newfoundland, pp. 116, 138-139; Whiteley, Duckworth's, p. 7; Bannister, Rule of the Admirals, p. 258.
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27
Ryan, Newfoundland, p. 42; Gunn, Political History, pp. 6-8; O'Flaherty, Old Newfoundland, pp. 127-129; English and Curran, Silk Robes, p. 37; Lahey, Religion and Politics, pp. 7-8.
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28
Whiteley, Duckworth's, pp. 13-15; Richard Tucker, Augustus Des Barres and Edward Brenton. Report of the Judicature of 1824 and System of Jurisprudence on the Island of Newfoundland, PANL, GN5/2/A/7, Box #1, Folder H, 1831, p. 32. By 1831, discontent with these fiscal arrangements were vocalized in this report the judges submitted to England in 1831. “...the return that has been laid before parliament furnish [sic] indisputable proof that a sum much exceeding a hundred and twenty thousand pounds was paid by them [Newfoundland] as duties upon articles imported into this Island in the course of only ten years and remitted directly to the British treasury, they cannot but flatter themselves, that, under the principle now established by laws of applying all such duties to the use of the colony in which they were levied, his Majesty's government, will, at all events, consider the excess of the duties collected here in times past, beyond the amount of the civil expenditure for the same period as a jewel which the parent state holds by a sacred trust for the use and benefit of Newfoundland.”
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29
Gunn, Political History, p. 13. Bannister, Rule of the Admirals, p. 275.
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30
Whiteley, Duckworth's, p.18
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31
Patricia Thornton, The Evolution of Initial Permanent Settlement on the Strait of Belle Isle, (St. John's: Memorial University, 1974), pp. 5-6,18; O'Flaherty, Old Newfoundland, p. 127; Innis, Cod Fisheries, p. 226; Gosling, Labrador, pp. 365, 403-405; Gosling questioned a report that 35 000 people (from England, Newfoundland, America and Nova Scotia) prosecuted the Labrador fishery — he felt the figures were inflated. Nevertheless, it is clear that the coast was fished in great numbers; Innis said that in 1829 over 2 000 vessels were known to have traveled from New England and 1 500 from the United States. Most vessels with crewed with about ten men. Collectively they returned to their homes with almost 3,000,000 hundred weight of fish and 30,000 hogsheads of oil.
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32
L.G. Chafe, A History of the Newfoundland Seal Fishery from the Earliest Available Records Down to and Including the Voyage of 1923, (St. John's: The Trade Printers and Publishers, 1923), p. 21.
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33
Shannon Ryan, The Ice Hunters: A History of Newfoundland Sealing to 1914. (St. John's, Breakwater, 1994), p.78; Innis, Cod Fisheries, p. 169; Thornton argued that for a time sealing was viable on its own; Thornton, Evolution, p. 8; Ryan, Newfoundland, pp. 43-46; Tanner, Outlines, pp. 721-730.
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34
Ryan, Newfoundland, p. 41; Gosling, Labrador, pp. 389, 404; Tanner, Outlines, pp. 729-733; [We must rely on history writings for population estimates in Labrador. Census figures are not available and Kennedy notes that official records for Labrador were unreliable until after 1949. Kennedy, People, p. 90.]; W.S. Wallace, (Editor), John McLean's Notes of Twenty-Five Year's Service in the Hudson's Bay Territory, (Toronto: The Champlain Society, 1932), p. 281. John McLean also noted French and English being spoken; Whiteley, Duckworth's, p. 9. Whiteley observed the diversity of commercial interests involved in the Labrador fishery. These included merchants resident in England who sent Newfoundland crews to Labrador or who set up operations in Labrador and traded directly from there; Newfoundland merchants who fished the Labrador but exported through their home port; boat keepers from Newfoundland who traveled to Labrador for the season and boat keepers or liveyers, permanent residents of Labrador.
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35
Thornton, Evolution, p. 53; [Interestingly, most British immigrants were skilled workers, not fishermen. Among them were bakers, farmers, masons, tailors, carpenters, butchers and blacksmiths, all of whom had been hired as shoremen.]
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36
Blaikie and Simms, Records, p. 1.
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37
Sources of genealogical information: Anne Hart, “Lydia Brooks,” Dictionary of Canadian Biography Online, URL Address: www.biographi.ca, July 2, 2004; Leonard F. Harfield, “Simon Thomas Brooks,” Dictionary of Canadian Biography Online, URL Address: www.biographi.ca, July 2, 2004; Lydia Campbell, “Sketches of Labrador Life,” Happy Valley: Them Days, 2000, pp. 11, 39; Barbara Neis, “A Collage Within a Collage: Original Traces of First Nations Women, Their Lives and Times: Women in Newfoundland and Labrador, (St. John's: Killick Press, 1995), p. 12-14; Max Blake, Why Labrador Will Separate from Newfoundland: True Stories of Newfoundland's Exploitation of Labrador's Resources and Neglect of Labrador's People, (St. John's: MUN,1997), pp. 11-15; Elizabeth Goudie, Woman of Labrador. (Agincourt: The Book Society of Canada Limited, 1983); Most historians are silent on the subject of Inuit-White relations. John McLean offered some insight. In his account of working with the Hudson's Bay Company he noted that by 1831the south-ern coast of Labrador was populated mostly by “half-breeds” who were the products of relationships between the English, Canadians and the native population; Wallace, Notes, p. 281; McLean further noted that they were assimilated to such an extent that you could not tell the difference between them and the English; Tanner was of the same opinion and Kennedy arrived at a similar conclusion when his research found that early settlers were either Inuit or single white males; Tanner, Outlines, p. 466; In 1824 the population of Hamilton Inlet was 326, sixty of which were noted as “half” Eskimo. The preference to say half Eskimo over half white is notable; Kennedy, People, p. 86; Thornton, “Newfoundland's,” pp. 148-150.
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38
For a recent example see: Bill Romkey, The Story of Labrador, (Montreal: McGill-Queen's University Press, 2003), p. 77.
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39
An Act for Establishing Courts of Judicature in the Island of Newfoundland and the islands adjacent. 32 Geo. III. Cap 46, 1792
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40
Gosling, Labrador, p. 390; Whiteley, Duckworth's, p.16.
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41
An Act for Instituting Surrogate Courts on the Coast of Labrador, and in certain Islands adjacent thereto, 51 Geo. III. 45, 1811.
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42
43
Gosling, Labrador, p. 390. Surrogates (always males) included Andrew Pinson at Temple Bay (1813), Samuel Prowse at Cape Charles (1813).
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44
Sir Charles Hamilton's Orders to Hercules Robinson, 15 June 1820. Labrador Boundary Case, V. IV, pp. 1021-1022.
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45
Jennings and Long v Hunt and Beard, R.A. Tucker, Select Cases of Newfoundland, 1817-1828. (Toronto: The Carswell Company Limited, 1979), pp. 248-257.
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46
A.H. McLintock, The Establishment of Constitutional Government in Newfoundland, 1783-1832: A Study of Retarded Colonisation, (Plymouth: Longmans, Green and Co., 1941); p. 59.
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47
Tucker, Select Cases, p. 256.
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48
O'Flaherty, Old Newfoundland, pp. 133-134; Gosling, Labrador, p. 391.
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49
Act for the better Administration of Justice in Newfoundland, and for other purposes. 5 Geo. IV., Cap 67., 1824. (Also referred to as the Judicature Act, 1824).
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50
Frederic F. Thompson, “Sir Thomas John Cochrane,” Dictionary of Canadian Biography, Volume X, 1871-1880, (Toronto: University of Toronto Press, 1983), pp.178-180; Prowse, A History, pp. 656, 714.
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51
5 Geo IV., Cap. 67., Sections 2, 7-9, 18, 27, 34, 35.
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52
5 Geo. IV., Cap.67., Section 1.
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53
5 Geo. IV., Cap 67. Section 18; This was reminiscent of an earlier Act passed for Newfoundland in 1792 for "establishing a Court of Civil Jurisdiction in the Island of Newfoundland, for a limited time." 31. Geo. III., Cap. 29, 1791.
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54
Board of Trade Original Correspondence, CO 194, 1825, p.283.
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55
Ibid., CO 194, 1825, pp. 95, 108,114, 132, 157, 217; CO-194, 1826, pp. 135-136, 217-220
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56
Ibid., CO-194, 1829, p. 58.
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57
Ibid., CO-194, 1825, pp. 95-96. Also on file was a letter from Thomas Ashfield, who, having not met the qualifications for Judge with the Supreme Court, alternately asked to be considered for the position of Judge for the Labrador Court.
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58
Ibid., “Return of the Members of the Executive Council of the Island of Newfoundland,” CO-194, 1829, pp. 115, 164; CO-194, 1830, V-80; CO-194, 1831, p. 149; CO-194, 1831, pp. 81,122.
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59
Blaikie and Simms, Records, pp. 4-7; At this time officers of the court were also appointed and comprised James Blaikie, Clerk, William Dickson, Sheriff, and Thomas Morton and Robert Andrews each with the dual role of Constable and Bailiff; "Governor Cochrane's Commission to Thos. Morton to be Constable and Bailiff of the Labrador Coast," 18 July 1826, Labrador Boundary Case, V. IV, p. 1115,
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60
James Blaikie and George Simms, Records of the Court of Civil Jurisdiction, Labrador, 1826-1833, PANL, pp. 2-3.
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61
The records indicate that Paterson visited the Moravian settlement in Hopedale August 1-8, 1830. Not being part of the usual business of the court, a short report of the visit as well as a few notes about the wages of American fishermen were added to the back of the official court docket. References to the fishery, fur trade and Indians are scattered throughout the records for the Court of Civil Jurisdiction and the Court of Sessions.
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62
Gosling, Labrador, pp. 367-368.
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63
Governor Cochrane Instructions to Judge Paterson on Proceeding on his Circuit on the Labrador, Government House, 11th August 1826. Labrador Boundary Case, V. IV, pp. 1116-1117; Apparently as the number of Newfoundland fishermen on the coast grew, they increasingly fought back. Gosling credits this for the eventual decline of the American fishery. Gosling, Labrador, p. 405.
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64
Subsequent years included Huntington Island, Venison Island, L'anse-a-Loup, Tub Harbour, Blanc Sablon, Forteau, Battle Harbour, Domino Tickle, Chimney Tickle, Camp Island, Seal Islands, Batteaux, Point D'More, Grady's Harbour, Square Island Harbour and Southeast Cove.
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65
William Dickson and Bryan Robinson served as Sheriff for the Labrador Court from 1826 to 1828 and 1829 to 1833 respectively. Both names were listed with the Law Society of Newfoundland. Barristers Roll, 1826-1980, The Law Society of Newfoundland, p.1. It was common at the time for court officials in Newfoundland to apply for leaves of absence during the winter months to pursue personal or professional interests. The records indicate that Dickson was granted such leave in November 1827 for a period of five months to “proceed to Halifax for the purpose of being admitted as the Barrister in the Supreme Court of Nova Scotia.” Board of Trade, from CJ Tucker to William Huskisson, 16 November 1827, CO-194, 1827, p. 359.
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66
Board of Trade, 1827, p. 290; 1828, pp. 403-405; CO-194, 1829, p. 58; Paterson likely made up the rest of the annual salary through his work with the Supreme Court in St. John's.
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67
Board of Trade, CO-194, 1828, p. 403; CO-194, 1829, p. 59; CO-194, 1826, p. 394.
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68
Ibid., "General Account Current for present year (from Governor Cochrane to Lord Bathurst)," 27 November 1826, CO-194, 1826, pp. 344-345.
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69
Ibid., March 20, 1828, CO-194, 1828, p. 199.
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70
Simms, Court of Sessions, pp.l-9.
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71
Ibid., pp. 1-55.
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72
Appendix A contains the Rules of Practice and Proceedings for the Court of Civil Jurisdiction at the Labrador. Form templates for summonses, attachments, subpoenas and executions are in Appendix B.
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73
Tucker, “General Rules and Orders,” Select Cases, pp. 575, 592.
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74
Blaikie and Simms, Records, p. 11.
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75
Ibid., p. 13.
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76
The plaintiff or defendant risked a judgment of default if either party did not show in court at the appointed time and place.
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77
Blaikie and Simms, Records, pp. 11-18.
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78
Ibid., pp. 12-13.
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79
Blaikie and Simms, Records, Reid v Summers, Tub Harbor, 4 September 1826, pp. 26-27; Hunt v Lareys, Dumplen Island, 8 September 1826, pp. 29-30; Kay v Parsons, Cape Charles, 23 September 1826, pp. 42-43; Baker and Howard v Shrew, Cape Charles, 20 September 1827, p. 63; Smith v Webber, Seal Islands, 25 August 1828, p. 79; Barry v Cody, South East Cove, 12 September 1829, p. 104; Keloway v Crawford, Cape Charles, 2 October 1829, p. 112; Hunt v Pickham, Frances Harbour, 31 August 1830, pp. 123-124; Joyce v George, Henley Harbour, 29 August 1831, pp. 160-161.
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80
Blaikie and Simms, Records, Sullivan v Hoar, pp. 33-36. By custom, the process of staking claim to land apparently involved erecting a crossbeam on the beach one season which indicated “possession the ensuing season and [was] the usual mode of taking possession of any vacant ground for the fishery in this country;” Henry Campbell Black, Black's Law Dictionary, (St. Paul: West Publishing, 1990), pp.1502-3; Trespass referred to the unlawful interference with one's person, property, or rights.
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81
Blaikie and Simms, Report, pp. 12, 36.
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82
John Stark, Proceedings in the Circuit Court for the Northern District of the Island of Newfoundland, PANL, GN5/2/B/1, Box #2,3,4,5, 1826-1833; Blaikie and Simms, Records, pp. 38, 1-196. The main culprit was the wind which was usually noted as either favourable or contrary.
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83
Blaikie and Simms, Report, Degan v Taylor, Dumplen Island, 12 August 1830, p. 117.
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84
Blaikie and Simms, Records, pp. 12, 21, 22; The weekly allowance consisted of 7 lbs of bread, 5 lbs Pork, 1 lb butter, 1 1/2 Quarts Flour and 1 1/2 pints molasses.
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85
Ibid., Erskine v Quinlan, Battle Harbour, 3 September 1830, p. 126; Quirk v Morey, Cape Charles, 6 September 1830, p. 130; Crowley v Harrigan, September 14, 1830, Henley Harbour, 14 September 1830, p. 130; Kelly v Harrington, Grady Harbour, 16 August 1828, p. 77.
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86
Ibid., Antic Jr v Grady, Cape Charles, 20 September 1827, p. 65; Sullivan v Thomson, Henley Harbour, 11 September 1830, p. 132; Crawford v Cole, Cape Charles, 2 October 1829, p. 111; Crawford v Felthmu, Cape Charles, 2 October 1829, p. 111; Kelloway v Crawford, Cape Charles, 2 October 1829, p. 112; Toban vs Shannahan, South East Cove, 17 August 1830, p. 118; Penny and Joyce v George, Henley Harbour, 29 August 1831, p. 160.
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87
Ephraim Tucker, Five Months in Labrador During the Summer of 1838, (Concord: Israel S. Boy and William White, 1839), p. 119; Innis, Cod Fisheries, p. 401.
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88
Blaikie and Simms, Records, Jordon v Codner and Tracey, Mullins Cove, 1 September 1826, p. 21-25; Reid v Summers, Tub Harbor, 4 September 1826, p. 26; Slade v Estate of the late James Clarke and Sarah, his wife, Battle Harbour, 30 September, 1829, pp. 109-110.
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89
Ibid., Wise, Baker and Howard v Crawford, Cape Charles, 22 September 1826, p. 41, Baker and Howard v Crawford, Cape Charles, 1 September 1828, p. 85.
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90
Ibid., Crawford v Cole, Crawford v Feltham, Cape Charles, 2 October 1829, p. 111.
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91
Ibid., Loveridge v Crawford, p. 108; Kelloway v Crawford, Cape Charles, 2 October 1829, p. 112.
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92
Ibid., Furlong v Brown, Henley Harbour, 3 September 1828, pp. 86-87.
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93
Gunn, Political History, pp. 205-206; “Population of Newfoundland, 1827-28,” Carbonear Star, Wednesday, May 1, 1833; Stark, Box #2,3,4,5, 1826-1833.
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94
Research is also required of the Court Records for the Northern Circuit Court. That Court heard a significant number of cases between merchants and fishermen that had originated in Labrador; Per capita calculation based on: in Labrador, cases: 120, population: 2,000; in Newfoundland, cases: 412, population: 25,000.
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95
Board of Trade, letter from CJ Tucker to Sir George Murray, 13 December 1828, CO-194, 1828, p. 330.
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96
Ibid., letter from William Paterson to Governor Cochrane, 11 December 1828, CO-194, 1828, p. 351.
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97
Ibid., letter from Governor Cochrane to Sir George Murray, 13 December 1828, CO-194, 1828, pp. 341-344.
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98
Labrador Boundary Case, Governor Cochrane to Secretary of State, Transmitting Returns of Actions in Newfoundland and Labrador, 13 December 1828, V. IV, p. 1124.
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99
Ibid., letter from CJ Tucker to Sir George Murray, 13 December 1828, CO-194, 1828, p. 331.
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100
Tucker, Des Barres and Brenton, Report, p. 7.
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101
Ibid., p. 8; O'Flaherty, Old Newfoundland, p. 143.
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102
Tucker, Des Barres and Brenton, Report, p. 37.
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103
Board of Trade, “Report of the Attorney General of Newfoundland on the Judicature Laws of Newfoundland, February 1832,” CO-194, 1832, p. 303.
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104
Had a naval vessel still been patrolling the coast, officials of the court could likely have traveled on board at little or no cost — the total cost of the fleet being covered by England.
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105
Board of Trade, “Report of the Attorney General,” CO-194, 1832, p. 295.
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106
Ibid., “Memoranda on the Judicature of Newfoundland an on other subjects connected with that Colony,” CO-194, 1833, p. 14.
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107
Ibid., “Geographical and Topographical Report of the Island of Newfoundland,” CO-194, 1827, p. 295; Return of the Fishery CO-194, 1827, p. 354; CO-194, 1829, p. 70; CO-194, 1830, p. 80; CO-194, 1831, p. 46; CO-194, 1833, p. 185.
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108
O'Flaherty, Old Newfoundland, p. 136.
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109
John Shea, Journal of the House of Assembly of Newfoundland, (St. John's: John Shea Printer, 1834), pp. 63-64; Government of Newfoundland, Historical Statisticsof Newfoundland and Labrardor, Vol 1(1), (St. John's: Office of the Queen's Printer, 1970), p. 6.
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110
O'Flaherty, Old Newfoundland, p. 136.
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111
Shea, “An Act to Repeal so Much of an Act of the Imperial Parliament, Passedin the fifth Year of the Reign of His Late Majesty King George the Fourth entitled 'An Act for the Better Administration of Justice in Newfoundland and for other purposes' as relates to the Institution of a Court of Civil Jurisdiction on the Coast of Labrador and the Islands adjacent thereto,” Journal, March 24, 1834, p. 7; Legal structures in Labrador remained non-existent until 1863; Gosling, Labrador, pp. 399, 411.
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112
E.M. Archibald, Digest of the Laws of Newfoundland Comprehending the Judicature Act and the Royal Charter and the Various Acts of the Local Legislature in Amendment of Same. (St. John's: Henry Winton, MDCCXLVII), p. 66.
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113
Ibid., p. 65.
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114
Captain Wyville to Sir J. Harvey, September 1841, Labrador Boundary Case, V. IV, pp. 1027-1028.
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115
“Newfoundland Act 26 Vict. C.2, to Provide for Collection of Revenue and Better Administration of Justice on the Labrador,” 25 March 1863, Labrador Boundary Case, V.IV, pp. 1134-1139.
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116
Bannister, Rule of the Admirals, p. 282.
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117
Blaikie and Simms, “Rules of Practice and Proceedings for the Court of Civil Jurisdiction at the Labrador,” Records, pp. 11-18.
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