The Governor, with Advice of Chief Justice, may inftitute Surrogate Courts, &c.

Mode of Proceedings in fuch Courts.

and Places aforefaid; and the faid Court fhall be a Court of Record, and fhall be holden by a Chief Juftice to be appointed by His Majefty, who fhall have full Power and Authority to inquire of, hear, and determine all Crimes and Mifdemeanors, Surts and Complaints cognizable in the faid Court, and fuch Court fhall have fuch Clerks and Minifterial Officers as the Chief Juftice fhall think proper to appoint; and fuch Salary fhall be paid to the faid Chief Juftice as His Majesty, His Heirs and Succeffors, fhall approve and direct, and fuch Salaries be paid to the Clerks and Minifterial Officers aforefaid as fhall be approved by the Chief Juftice, with the Confent of the Governor of the Ifland of Newfoundland; which feveral Salaries fhall refpectively be in lieu of all other Profits and Emoluments whatsoever.

II. And be it further enacted, That it fhall be lawful for the Governor of the Ifland of Newfoundland from Time to Time to inftitute Courts of Civil Jurifdi&tion, to be called Surrogate Courts,' in different Parts of the Ifland of Newfoundland and the lands aforefaid, as Occafion fhall require, with full Power and Authority to hear and determine, in the like fummary Way, all Suits and Complaints of a Civil Nature arifing within the Island of Newfoundland, and on the Iflands of Saint Pierre and Miquelon, and on the Ifland's and Seas afore. faid, and on the Banks of Newfoundland, and in Great Britain or Ireland; which Courts fhall refpectively be Courts of Record, and fhall determine according to the Law of England, as far as the fame can be applied to Suits and Complaints arifing in the lands and Places aforefaid; and the faid Courts refpectively fhall be holden by a Surrogate to be appointed from Time to Time by the Governor of the faid Ifland, and shall have full Power and Authority to hear and deter mine all Suits and Complaints cognizable in the faid Court; and the faid Court fhail have fuch Clerks and Minifterial Officers, with fuch Salaries as the Governor fhall appoint, which Salaries fhall be in lieu of all Profits and Emoluments whatever.

III. And be it further enacted, That it fhall be lawful for the faid Supreme Courts and Surrogate Courts refpectively, when any Suit or Complaint fhall be depending therein, to caufe to appear from Day to Day all Perfons interested in the Matter in Difpute, and to examine upon Oath fuch of them as it fhall be deemed proper for better difcovering the Truth, and thereupon, and after due Confideration of all Circumftances, to make fuch Order, Judgment, or Decree therein, and award fuch Damages and Cofts as the Cafe fhall require; and that in all Cafes where the Caufe of any Suit or Complaint fhall not exceed Five Pounds, the Party who is to answer fuch Suit or Complaint fhall be made to appear in Court by Summons; and in all Cafes where fuch Summons fhall be difobeyed, or where the Caufe of any Suit or Complaint fhall exceed Five Pounds, and fhall be fworn to in an Affidavit made by the Plaintiff, then that the Party who is to answer fuch Suit or Complaint may be caufed to appear, by Attachment of his or her Goods, Debts, or Effects, or by Arrett of the Perfon, and that the Execution of any Order, Judgment, or Decree may be enforced by Attachment of the Goods, Debts, or Credits of the Party, or by Arreft of the Perfon against whom fuch Order, Judgment, or Decree fhall be made; and that it hall and may be lawful for the faid Chief Juftice and Surrogates refpectively to authorize fome Perfon in his or their Abfence refpectively to iffue Procefs, and do all Acts appertaining to the faid Supreme Court and Surrogate Courts refpectively,

fave and except the inquiring of, hearing, and determining of any Crime or Mifdemeanor, or any Suit or Complaint of a Civil Nature.

IV. And be it further enacted, That where the Caufe of Action fhall exceed the Sum of Forty Shillings, and it fhail be prayed by the Plaintiff or Defendant in fuch Suit or Complaint that a Jury may be fummoned to try fuch Action, it fhall be lawful for the faid Chief Juftice and Surrogates respectively, and he and they are hereby respectively required to caufe Twenty-four Perfons to be fummoned, of whom Twelve fhall be a Jury for the Trial of fuch Action, and to proceed therein according to Law: Provided always, that if a Number of Jurors fufficient for the Trial of fuch Action, having been duly fummoned, fhall not appear to be fworn, it shall and may be lawful for the Governor of the faid Ifland to nominate and appoint Two proper Perfons to be Affeffors to the faid Chief Juftice, and for each Surrogate in his Court in like Manner to nominate and appoint Two proper Perfons to be his Affeffors; which Affeffors, together with the faid Chief Juftice or Surrogates refpectively, fhall proceed to the Trial of fuch Action in like Manner as if fuch Jury had not been prayed.

V. And be it further enacted, That upon any Decree or Judgment given in a Surrogate Court, for any Sum exceeding Forty Pounds, it hall be lawful for the Party against whom fuch Decree or Judgment fhall be given to appeal therefrom to the Supreme Court, having firft given Notice of fuch Intention, and having entered into a Security to the Surrogate in double the Sum for which fuch Judgment or Decree was given or made, within Two Days after making or giving fuch Judgment or Decree, for duly profecuting fuch Appeal; and upon any Decree or Judgment given in the Supreme Court for any Sum exceeding One hundred Pounds, it fhall be lawful for the Party against whom fuch Decree or Judgment fhall be given or made to appeal therefrom to His Majelty in Council, having firft given Notice of such Intention, and having entered into Security, to be approved by the Chief Juftice, in double the Sum for which fuch Judgment or Decree was given or made within Two Days after the giving or making of fuch Judgment or Decree, for duly profecuting fuch Appeal; and in all Cafes of Appeal, as foon as Notice fhall be given and Security entered into as aforefaid, Execution shall be stayed, but not otherwife.

Mode of Trial

of Action above
40s. by Jury or

Affeffors to the
Judge.

Appeals from the Surrogate Court Court in Actions to the Supreme above 401. and from the Supreme Court to the Privy

VI. And Whereas it will greatly contribute to the Advancement ⚫ of the Trade and Fishery of Newfoundland, if fuch Effects as Perfons becoming infolvent in the said Inland of Newfoundland and the Islands aforefaid were poffeffed of or entitled unto within the faid Ifland, or in the Ilands or Seas aforefaid. or on the Banks of Newfoundland, 'fhould be divided among their Creditors with more Equality than hath hitherto been practifed; Be it further enacted, That as often as the Goods, Debts, and Credits of any Person shall be attached, and it fhall be made appear to the Court out of which the Procefs of Attachment hath iffued, that the Goods, Debts, and Credits fo attached are not fufficient to pay Twenty Shillings in the Pound to all thofe who fhall be Creditors by reafon of Debts contracted within the Island of Newfoundland, and on the Islands and Seas aforefaid, or on the Banks of Newfoundland, or in Great Britain and Ireland, it fhall be lawful for fuch Court to fummon the Party whofe Goods. Debts, and Credits are fo attached, together with the Plaintiff or Plaintiffs who have fued out any Attachment, and also fuch Perfons who are known to be Creditors as aforesaid of the Defendant, to appear in Court at a certain

E 3

Day;

Council in
Actions exceed-

ing 1001.

When Goods

are attached, and it fhall appear the Party is infolvent, the Court fhall order his Effects to be collected and diftributed.

Tiffortion of
Iffects of

A.D. 1809. Day; and if upon a due Examination of the Defendant and the faid Creditors, it fhall appear that he or she is infolvent, the Court fhall declare him or her infolvent accordingly, and fhall immediately proceed to take order for difcovering, collecting, and felling the Effects and Debts of fuch Perfon, and diftributing the Produce thereof rateably amongst all the faid Creditors of fuch Perfon fo declared infolvent, and for that Purpose fhall authorize any Oue or more Creditors of the faid Defendant, who fhall be chofen by the major Part in Value of fuch Creditors, whose Debts amount respectively to the Sum of Ten Pounds and upwards, to perform the fame; and that fuch Court shall from Time to Time make fuch Order therein as fhall be deemed proper for better difcovering, collecting, and felling the Effects and Debts, and making a rateable Distribution thereof among the faid Creditors.

VII. And be it further enacted, That in the Diftribution to be made of the Eftate and Effects of fuch Perfon fo declared infolvent, every infolvent Parties. Fisherman and Seaman employed in the Ffhery, who fhall be a Creditor for Wages become due in the then current Seafon, fhall firft be paid Twenty Shillings in the Pound fo far as the Effects will go; and in the next Place every Perfon who fhall be a Creditor for Supplies furnished in the current Seafon fhall be paid Twenty Shilings in the Pound; and in the next Place every Perfon who fhail have become a Creditor within Two Years fhall be paid Twenty Shillings in the Pound; and laftly, all other Creditors fhall be paid equally as far as the Effects will go.

Certificate of the Court fhall be a Par to Suits for Debts prior to Infolvency.

VIII. And be it further enacted, That if fuch infolvent Perfon fhall make a true Disclosure and Difcovery of all his or her Goods and Effects what foever, and fhall conform him or herself to the Order and Direction of the faid Court, the fame fhall and may (with the Confent of One-half in Number and Value of his or her Creditors) be certified by the faid Court, and fuch Certificate, when pleaded, fhall be a Bar to all Suits and Complaints for Debts contracted within the Iland of Newfoundland, and on the Ilands and Seas aforefaid, and on the Banks of Newfoundland, and in Great Britain or Ireland, prior to the Time when he or she was declared info'vent.

Chief Juftice IX. And be it further enacted, That the faid Chief Juftice, or any may grant Perfon or Perfons appointed by him for that Purpose under his Hand Probates and and Seal, fhall have Power to grant Adminiftration of the Effects of Adminiftrations. Inteftates, and the Probate of Wills, and that the Effects of deceased Perfons fhall not be administered within the Ifland of Newfoundland, or on the Islands and Seas aforefaid, or on the Banks of Newfoundland, unless Administration thereof, or Probate of Wil's refpecting the fame, fhall have been duly granted by fuch Authority as aforefaid.

X. And be it further enacted, That an Act paffed in the Thirtythird Year of His prefent Majefty's Reign, intituled, An Ad for fablishing Courts of Jedicature in the Ifland of Newfoundland, and the Ifands adjacent, which has by feveral fubfequent Acts been continued to the Twenty-fifth Day of March One thoufand eight hundred and nine, fhall be and continue in Force until the opening of the Supreme Court inftituted by virtue of this Act, and no longer; and every Suit or Complaint which fhall at that Time be depending in the faid Court of Civil Jurifdiction fhall and may be proceeded upon in the faid Supreme Court, in the fame Manner as any Suit or Com. plaint originally commenced in the faid Supreme Court.

of this Act.

XI. And be it further enacted, That it fhall not be lawful for any No Courts fhall Court in the Island of Newfoundland, or Islands aforefaid (except the hold Pl as except Supreme Court and the Surrogate Courts appointed by virtue of this under Provifions Act) to hold Plea of any Suit or Complaint of a Civil Nature, any Law, Custom, or Ufage to the contrary notwithstanding: Provided nevertheless, that the Court of Vice-Admiralty having Jurifdiction in the faid land, fhall and may bo d Plea of Maritime Caufes (except only the Wages of Seamen and Fishermen, which are to be heard and determined in Manner herein-after directed,) and Caufes of the Revenue, as heretofore practifed and ufed: Provided alfo, that all Difputes which fhall arile concerning the Wages of any Seaman or Fisherman, and all Offences which fhall be committed by any Hirer or Employer of fuch Seaman or Fitherman, against this or any other A&t relating to the land of Newfoundland, or the Islands and Seas aforefaid, or the Fifery thereot, and all Difputes concerning Seamen or Fishermen wilfully abfenting themfelves from their Duty or Employ, without the Leave or Confent of their Hirer or Employer, or wilfully neglecting or refuting to work, fhall and may be heard and determined, and the Penalties and Forfeitures thereby incurred fhall and may be recovered in the Court of Seffion, or before any Two Juftices of the Peace.

XII. Provided alfo, and be it further enacted, That it fhall be lawful for the Court of Seffion in a fummary Way to hear and deter. mine all Suits for the Payment of Debts not exceeding Forty Shillings, and not contracted more than One Year before the Commencement of fuch Suits refpectively; and it fhall be lawful for the Court of Seffion, or fuch Two Juftices refpectively, to award Cofts therein; and fuch Determination and Award fhail be final, and fshall be carried into Execution by Attachment and Sale of the Goods and Effects of the Party against whom the Determination was made.

XIII. And be it further enacted, That it fhall be lawful for the faid Chief Juftice to fettle fuch Forms of Process, and fuch Rules of Practice and Proceeding, for the Conduct of all Pleas, Suits, and Complaints, and for the Difpatch of the Bufiaefs of the faid Supreme Court and Surrogate Courts, and of the Bufinefs in the Courts of Seffion, or before any One or more Juftices of the Peace refpectively, and to appoint fuch reafonable Fees to be taken for the Conduct and Difpatch of Pleas, Suits, Complaints and other Bufinefs as afo:efaid, and for the granting Adminiftration of the Effects of Inteftates, and for the Probate of Wills, as fhall feem neceflary and proper for expe diting Matters with the moft Convenience and leatt Expence to the Parties concerned therein; and fuch Procefs and Rules of Practice and Proceeding fhall be followed and obeyed, and fuch Fees fhall be paid accordingly, and no other, and that all fuch Fees received in any Surrogate Court fhall be paid and accounted for by the Surrogate in the faid Supreme Court; and that it fhall be lawful for the faid Chief Juftice, and he is hereby required to fettle and limit what Fees and Poundage fhall be taken by the Sheriff of Newfoundland, and the fame fhall be taken, and none other; provided, that no fuch Fees for the Dif patch of Pleas, Suits, and Complaints, or other Business as aforefaid, or for granting Administration or Probate of Wills, and no Fes or Poundage to be taken by the Sheriff, fhail be taken until the Rate and Table of every Fee or Poundage fo to be taken fhall have been approved

Suits for Del
under 40s. may
the Court of
Seffion.

be decided by

Chief Juftice

fhall fettle Forms of Procefs, and appoint Fees.

Part of the Coaft of Labrador and

the Iflands lying on the faid Coaft

re-annexed to the Government of Newfoundland.

31 G. 3. c. 31.

Supreme Court fhall hold Pleas arifing within juch Parts.

Recovery and

Application of
Penalties.

by the Governor of the faid Island of Newfoundland, and fuch Approbation fignified under his Hand and Seal.

XIV. And Whereas his Majefty by His Proclamation of the 'Seventh Day of October One thousand seven hundred and fixty-three, was pleafed to declare that he had put the Coaft of Labrador from the River Saint John to Hudfon's Streights, with the Islands of Anticofli and Madelaine, and all other fmaller Iflands lying on the faid Coaft, under the Care and Infpection of the Governor of Newfoundland: 'And Whereas by an Act paffed in the Fourteenth Year of the Reign of His prefent Majefty, intituled, An A&t for making more effectual Provifion for the Government of the Province of Quebec in North 'America, all fuch Territories, Ilands and Countries, as fince the Tenth Day of February One thousand seven hundred and fixty-three had been made Part of the Government of Newfoundland, were, during His Majefty's Pleasure, annexed to and made Part of the Province of Quebec, as created by the faid Proclamation: And Whereas in purfuance of an A&t paffed in the Thirty-first Year of His prefent Majefty's Reign, intituled, An Act to Repeal certain Parts of an da. paffed in the Fourteenth Year of His Majefty's Reign, intituled, • An A& for making more effectual Provifion for the Government of the Province of Quebec, in North America,' and to make further Provifion for the Government of the faid Province, the faid Province of Quebec was divided into Two Frovinces of Upper and Lower Canada, the latter including the Parts of the Coaft of Labrador and the faid Iflands fo formerly annexed to the Government of Newfoundland; And Whereas it is expedient that the faid Coaft of Labrador, and the adjacent Ilands (except the Iflands of Madelaine) fhould be reannexed to the Government of Newfoundland;' Be it therefore enacted. That fuch Parts of the Coaft of Labrador from the River Saint John to Hudfon's Streights, and the faid Ifland of Anticofti, and all other fmaller lands fo annexed to the Government of Newfound land by the faid Proclamation of the Seventh Day of October One thousand seven hundred and fixty three, (except the faid Islands of Madelaine,) fhall be feparated from the faid Government of Lower Canada, and be again re-annexed to the Government of Newfoundland; any Thing in the faid A&t paffed in the Thirty-firft Year of His prefent Majefty's Reign, or any other Act, to the contrary notwithstanding.

XV. And be it further enacted, That it fhall be lawful for the faid Supreme Court of Judicature of the Island of Newfoundland to hold Plea of all Crimes and Mildemeanors committed, and of all Suits and Complaints of a Civil Nature arifing within fuch Parts of the Coat of Labrador from the River Saint John to Hudfon's Streights, and the faid land of Anticofti. and all other fmaller lands to reannexed to the Government of Newfoundland, or on the Islands, Seas, and Harbours, to which Ships and Veffels repair from the Parts of the Coaft of Labrador and the Ifland and Islands fo re-annexed to the Government of Newfoundland for carrying on the Fithery, in the Jame Manner as the faid Supreme Court holds Plea of Crimes and Mifdemeanors committed, and of Suits and Complaints of a Civil Nature arifing within the Island of Newfoundland, and on the Islands and Seas aforefaid, and on the Banks of Newfoundland.

XVI. And be it further enacted, That all Fines, Penalties, and Forfeitures impofed by any Act of Parliament made, or which fhall 4

hereafter