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


The Legal System in Labrador


A copy of the regulations referred to by Governor Hamilton have not been located. However, as instructed, Robinson heard the case, Jennings and Long v Hunt and Beard, and, on the basis of the proclamation recognizing exclusive rights of Beard and Company to their salmon station, ruled in favour of the defendants.45 Up to this point, custom had it that governors issued proclamations, which in the absence of parliamentary acts were accepted locally as law. The reality was that without a government the governor and his deputies somehow had to administer the affairs of the island. As McLintock put it, “the law of necessity superseded the law of England.”46 Jennings and Long appealed Robinson's decision to the Supreme Court in St. John's. Chief Justice Francis Forbes ruled that governors had no legislative authority and that Robinson “mistook for law that which was not law.”47 This meant that regulations, such as those concerning the fishery and customarily enforced through Surrogate Courts, were not legally binding. The case sent a shock wave through England and Newfoundland, was instrumental in removing the legislative role previously assumed by governors, and exemplified to British authorities the need for a local government.48 That need was partially met in 1824 when parliament passed the “Act for the better Administration of Justice in Newfoundland, and for other purposes.”49 It signaled a fundamental shift in the mindset of British authorities, further demonstrated when Newfoundland was granted colonial status the following year. It would also be the harbinger for long-awaited political change: local governance through an elected assembly in 1832. In the meantime Governor Sir Thomas Cochrane ruled the island with the assistance of a council comprised of the Commander of the Garrison, the Colonial Secretary, the Attorney General and three of the Supreme Court judges: Richard Tucker, Edward Brenton, and Augustus Des Barres. These same judges oversaw operation of the Supreme Court as well as the new Circuit Courts (Supreme Court on circuit) on the island.50

St. Francis Harbour, Labrador
St. Francis Harbour is also known as Frances Harbour.

Drawing by Rev. William Grey, ca. 1857. From William Grey, Sketches of Newfoundland and Labrador (Ipswitch, Eng.: S.H. Cowell, Anastatic Press, 1858).
Larger Version with more information (162 kb).
St. Francis Harbour (also known as Frances Harbour) by Rev. William Grey, ca. 1857

The Judicature Act of 1824 broadly defined the parameters of the revised system. The surrogate system that had prevailed for so many years was abolished. In addition to reinforcing principles related to insolvency, administration of intestates and probate of wills, the Judicature Act included new features such as: an educational requirement for judges — they were now required to be lawyers with at least three years experience; addition to the Supreme Court in St. John's — which oversaw the entire legal system — of three Circuit Courts: Central, Northern and Southern and one in Labrador (although strictly a civil jurisdiction), which would be itinerant, sitting in the communities of each district at least once a year; appointment of a Registrar of Deeds and Clerk for each of the three Circuit Courts; jurisdiction over the granting or recalling of liquor licenses, including the ability to fine those who did not abide by those rules.51

Battle Harbour, Labrador
Battle Harbour by Rev. William Grey, ca. 1877.

Drawing by Rev. William Grey. From William Grey, Sketches of Newfoundland and Labrador (Ipswitch, Eng.: S.H. Cowell, Anastatic Press, 1858).
Larger Version with more information (119 kb).
Battle Harbour








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