The Story of Newfoundland by Earl of Frederick Edwin Smith Birkenhead
page 75 of 165 (45%)
page 75 of 165 (45%)
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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 Labrador. We may recall here the observations of Chief Justice Reeves on the fishing-admirals: "They are ever the servants of the merchants. Justice was not to be expected from them; and a poor planter or inhabitant, who was considered little better than a law-breaker in being such, had but a small chance of justice in opposition to any great west-country merchant. They considered that Newfoundland was theirs, and that all the planters were to be spoiled and devoured at their pleasure." It must be recorded that this most just and necessary reform in judicial administration was vainly but bitterly opposed by the merchants at home. In 1793 came the war with revolutionary France, and Newfoundland was |
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