FREE BOOKS

Author's List




PREV.   NEXT  
|<   52   53   54   55   56   57   58   59   60   61   62   63   64   65   66   67   68   69   70   71   72   73   74   75   76  
77   78   79   80   81   82   83   84   85   86   87   88   89   90   91   92   93   94   95   96   97   98   99   100   101   >>   >|  
orth in the Treaty of Versailles must not be omitted: "His Britannic Majesty ... that the fishermen of the two nations may not give cause for daily quarrels, was pleased to engage that he would take the most positive measures for preventing his subjects from interrupting in any measure by their competition, the fishing of the French during the temporary exercise thereof which is granted to them upon the coasts of the island of Newfoundland, and that he would for that purpose cause the permanent settlements which should be formed there to be removed, and that he would give orders that the French fishermen should not be incommoded in the cutting of wood, necessary for the repair of their scaffolds, huts, and fishing boats." In the time of Governor Milbanke, in 1791, an Act of Parliament tardily created "the Court of Civil Jurisdiction of our Lord the King at St. John's in the island of Newfoundland," which Court was empowered to try all civil cases except those relating to land, and which usually began actions by the peremptory procedure of arresting the defendant and attaching his goods. The following year a supreme Court of Civil and Criminal Judicature was instituted which superseded the Court erected the previous year, put an end to the authority of the "fishing-admirals," of the Courts held in summer by surrogates (naval commanders visiting the island) and of the Courts of Session held in winter by local justices of the peace, and was empowered to try all persons charged with criminal offences and determine civil suits, including those relating to land, and to make arrest and attachment in civil suits discretionary and alternative. The jurisdiction of the Court was renewed annually, then triennially; and John Reeves, to whose history all writers on Newfoundland owe so much, was appointed the first Chief Justice; but he remained in the island only till 1792, when he was succeeded by ex-surgeons, collectors of customs, and merchants. In 1809 a perpetual Act was passed, which purported to abolish definitely the diverse and sporadic jurisdictions; but such is the force of old customs and practices that it was not till 1824 that the old Session Courts, Courts of Surrogates and of fishing-admirals were finally extinguished, and at the same time two assistant judges were appointed to aid the Chief Justice, and all three judges were to be English or Irish barristers. A Court of Civil Jurisdiction was also created for Lab
PREV.   NEXT  
|<   52   53   54   55   56   57   58   59   60   61   62   63   64   65   66   67   68   69   70   71   72   73   74   75   76  
77   78   79   80   81   82   83   84   85   86   87   88   89   90   91   92   93   94   95   96   97   98   99   100   101   >>   >|  



Top keywords:

island

 

Courts

 

fishing

 

Newfoundland

 

relating

 

customs

 

created

 

Justice

 

Jurisdiction

 

appointed


empowered

 

French

 

Session

 

fishermen

 

judges

 

admirals

 

Reeves

 

triennially

 
winter
 

visiting


commanders

 
persons
 

alternative

 

determine

 

offences

 

including

 

discretionary

 

arrest

 

attachment

 
criminal

jurisdiction
 

justices

 

charged

 

renewed

 
annually
 
Surrogates
 
finally
 

extinguished

 
practices
 

sporadic


jurisdictions

 

assistant

 

barristers

 

English

 

diverse

 

remained

 

writers

 

surrogates

 

succeeded

 

perpetual