2. And be it further enacted by the authority aforesaid, That if any person or persons shall refuse, upon requisition made by the governor, or any officer or officers acting under him, in pursuance of his Majesty’s orders or instructions as aforesaid, to depart from within the limits aforesaid, or otherwise to conform to such requisition and directions as such governor, or other officer as aforesaid, shall make or give, for the purposes aforesaid, every such person or persons so refusing, or otherwise offending against the same, shall forfeit the sum of two hundred pounds, to be recovered in the court of session, or court of vice admiralty in the said island of Newfoundland, or by bill, plaint, or information, in any of his Majesty’s courts of record at Westminster; one moiety of such penalty to belong to his Majesty, his heirs and successors, and the other moiety to such person or persons as shall sue or prosecute for the same: Provided always, that every such suit or prosecution, if the same be commenced in Newfoundland, shall be commenced within three months, and if commenced in any of his Majesty’s courts of record at Westminster, within twelve months from the time of the commission of such offence.

29 GEO. III. Cap. 53.

Whereas, as well by immemorial usage as by the provisions of former laws, the right and privilege of drying fish on the island of Newfoundland do not belong to any of his Majesty’s subjects arriving there, except from Great Britain, or one of his Majesty’s dominions in Europe; for preventing frauds, and thereby better securing to his Majesty’s said subjects of Great Britain, and of the other British dominions in Europe, the full advantages of the fishery carried on from thence, and of drying fish on the shores of the island of Newfoundland, be it declared and enacted by the King’s most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That no fish, taken or caught by any of his Majesty’s subjects, or other persons, arriving at Newfoundland or its dependencies, or on the banks of the said island, except from Great Britain, or one of the British dominions in Europe, shall be permitted to be landed or dried on the said island of Newfoundland, always excepting the rights granted by treaty to the subjects of his most Christian Majesty on that part of the island of Newfoundland beginning at Cape Saint John, passing to the north and descending by the western coast of the said island to the place called Cape Raye.

2. And whereas it is thought expedient that the owners of ships employed in the Greenland fishery should be allowed to receive the bounty granted by an act, passed in the twenty-sixth year of his present Majesty’s reign, intituled, An act for the further support and encouragement of the fisheries carried on in the Greenland Seas and Davis’s Streights, although such ships depart from those seas before the tenth day of August then following, and although they be not laden with the quantity of whale fins, and of oil or blubber in proportion thereto, required by the said act, in case it shall appear by the log books of such ships that they have not departed from those seas till the end of sixteen weeks from the day they respectively sailed from the ports where they were surveyed and cleared out; be it therefore further enacted, That any owner or owners of any ship or vessel shall be allowed and intitled to receive the bounty granted by the said act, for any ship which shall have proceeded, or shall proceed upon the said whale fishery from any port of Great Britain, or the islands of Guernsey, Jersey, or Man, after the first day of January one thousand seven hundred and ninety, and shall have sailed, or shall sail from the port where she was surveyed and cleared out, directly on her intended voyage on or before the tenth day of April in each and every year, although she shall depart from the Greenland seas or Davis’s streights, or the adjacent seas, before the tenth day of August then following, and although she shall not be laden, if of the burthen of three hundred tons, with thirty tons of oil, or blubber in proportion thereto, the blubber to be rated with respect to the oil as three to two, and one ton and a half of whale fins; or if she be of greater or lesser burthen, with a quantity of oil or blubber and whale fins in like proportion to the tonnage of such ship, being the produce of one or more whale or whales, caught by the crew thereof, or with the assistance of the crew of some other licensed ship, in case it shall appear by the log book of such ship that she had continued with her crew in the said seas, diligently endeavouring to catch whales or other creatures living in those seas, and did not depart from thence till the expiration of sixteen weeks from the time of her sailing from the port where she shall have been surveyed and cleared out; provided such ship shall not have touched at any other port during her voyage, and shall have complied with all the other regulations, conditions, and restrictions, imposed by the said act.

3. And whereas by an act passed in the twenty-eighth year of his present Majesty’s reign, intituled, An act for amending an act, made in the twenty-sixth year of his present Majesty’s reign, for the encouragement of the southern whale fishery, and for making further provisions for that purpose, the three ships or vessels, which are intitled to the premiums therein granted on their doubling Cape Horn, or passing through the Streights of Magellan, are required not to return in less time than eighteen months, and it is thought sufficient that such ships or vessels should be obliged to continue out no longer than sixteen months; be it therefore further enacted by the authority aforesaid, That the owner or owners of such of the said three ships or vessels which shall sail after the passing this act, shall be intitled to the said additional premiums, granted by the said act of the twenty-eighth year of his present Majesty’s reign, under the conditions, regulations, and restrictions, in the said act mentioned, in case such ships or vessels shall not return in less time than sixteen months, from the time of her clearing out, and on or before the first day of December, in the second year after that in which such ship or vessel shall have fitted and cleared out.

4. And whereas doubts have arisen whether the owner of any ship or vessel shall be intitled to the premiums granted by the said last mentioned acts passed in the twenty-sixth and twenty-eighth years of his present Majesty’s reign, unless such ship or vessel shall have cleared out specially for the respective latitudes therein specified; be it further declared and enacted by the authority aforesaid, That the owner or owners of any ship or vessel shall not be obliged to clear out specially for the respective latitudes specified in the said acts, but shall be intitled to the premiums thereby granted, on complying with all the other conditions, regulations, and restrictions, imposed by the said acts.

5. And whereas by an act, made and passed in the twenty-sixth year of the reign of his present Majesty, intituled, An act for the further support and encouragement of the fisheries carried on in the Greenland Seas and Davis’s Streights, it is among other things enacted, That every ship shall have on board apprentices indentured for the space of three years at the least, who shall not exceed the age of eighteen years, nor be under fourteen years of age, at the time they shall be so indentured, in the proportion of one apprentice at the least for every thirty-five tons burthen, and one fresh or green man for every fifty tons burthen, which apprentices and fresh or green men shall be accounted in the number of men required to be on board such ship as aforesaid: And whereas by another act, made and passed in the twenty-sixth year of his present Majesty’s reign, intituled, An act for the encouragement of the southern whale fishery, it is among other things enacted, That no premium granted by that act shall be paid or allowed to any person or persons whatever, for or on account of any ship or vessel employed in the aforesaid fishery, unless such ship or vessel shall have on board an apprentice indentured for the space of three years at the least; for every fifty tons burthen of such ship or vessel by admeasurement, every such apprentice not exceeding the age of eighteen years, nor being under fourteen years, at the time he shall be so indentured: And whereas by another act, made and passed in the twenty-eighth year of the reign of his present Majesty, intituled, An act for amending an act, made in the twenty-sixth year of his present Majesty’s reign, for the encouragement of the southern whale fishery, and for making further provisions for that purpose, it is, amongst other things, enacted, That the several additional premiums granted by that act shall be paid in such and the like manner, and under such and the like conditions, rules, regulations, and restrictions, as are directed and prescribed in and by the said act, made and passed in the twenty-sixth year of the reign of his present Majesty, intituled, An act for the encouragement of the southern whale fishery: And whereas it is expedient that provision should be made to oblige the masters of ships or vessels, or the persons to whom apprentices shall be bound in pursuance of the acts herein-before respectively recited, to keep such apprentices in their service for the time they shall be indentured: Be it therefore further enacted by the authority aforesaid, That, from and after the first day of January one thousand seven hundred and ninety, if the master of any ship or vessel, or any other person or persons whatever, to whom any apprentice or apprentices shall be indentured pursuant to the said herein-before recited acts, shall permit or suffer any such apprentice or apprentices to quit, leave, or depart, his or their service on any pretence whatever, except as herein-after is provided, before the expiration of the term for which he or they shall be bound, every such master or other person shall forfeit and pay, for each and every offence, the sum of fifty pounds; to be recovered by action of debt, bill, plaint, or information, in any of his Majesty’s courts of record, in which no wager of law, no essoin, nor any more than one imparlance, shall be allowed.

6. Provided nevertheless, That nothing herein contained shall extend, or be construed to extend, to inflict the aforesaid penalty in any case where any apprentice or apprentices shall be legally discharged before a magistrate or justice of the peace, or shall be turned over from one person to another person, concerned in either of the aforesaid fisheries, to serve the remainder of his time in such fisheries, pursuant to the directions of the said acts herein-before recited.

7. Provided also, and it is hereby declared, That no bounty or premium shall be paid or allowed by virtue of the said recited acts, or either of them, in any case, unless there shall be inserted in the indenture or indentures of each and every apprentice or apprentices, who shall be indentured by virtue of the said recited acts, or either of them, or who shall be turned over from one person to another, pursuant to this act, the name or names of the ship or vessel, or ships or vessels, on board of which such apprentice or apprentices is or are bound to serve.

8. Provided also, That nothing in this act shall extend, or be construed to extend, to take away any bounty or premium which may become due by virtue of the said recited acts, or either of them, in any case where the ship or vessel shall have bona fide cleared out on the fishery, and proceeded from Great Britain, before the commencement of this act.

31 GEO. III. Cap. 29.

Whereas, by an act, passed in the fifteenth year of his present Majesty’s reign, intituled, An act for the encouragement of the fisheries carried on from Great Britain, Ireland, and the British dominions in Europe, and for securing the return of the fishermen, sailors, and others employed in the said fisheries, to the ports thereof, at the end of the fishing season, it was, amongst other things, enacted, That all disputes which should arise concerning the wages of every and any such seaman or fisherman, and all offences which should be committed by every hirer or employer of such seaman or fisherman against that act, should and might be enquired of, heard, and determined; and the penalties and forfeitures thereby incurred should and might be recovered in the court of session in the said act mentioned, or in the court of vice admiralty having jurisdiction in the island of Newfoundland: And whereas, by another act, passed in the twenty-sixth year of the reign of his present Majesty, intituled, An act to amend and render more effectual the present laws now in force for encouraging the fisheries carried on at Newfoundland, and parts adjacent, from Great Britain, Ireland, and the British dominions in Europe; and for granting bounties, for a limited time, on certain terms and conditions; so much of the said first-mentioned act, as gives any jurisdiction to the court of vice-admiralty for the said island of Newfoundland, with respect to inquiring, hearing, and determining disputes concerning the wages of any seaman or fisherman, or any offence committed by any hirer or employer of such seaman or fisherman, or any controversies or differences arising from their contracts or agreements, should be, and the same was thereby repealed: And whereas the provisions made by the said first-mentioned act, for the administration of justice in civil cases, are insufficient, and it is highly expedient that a court of civil jurisdiction, having cognizance of all pleas of debt, account, contracts respecting personal property, and all trespasses against the person, goods, or chattels, should be established in the said island of Newfoundland, for a limited time; be it therefore enacted by the King’s most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That it shall and may be lawful for his Majesty, by his commission under the great seal, to institute a court of civil jurisdiction, with full power and authority to hear and determine, in a summary way, all pleas of debt, account, contracts respecting personal property, and all trespasses committed against the person or goods and chattels in the island of Newfoundland, and islands and parts adjacent, or on the banks of the said island of Newfoundland; which court shall consist of a chief judge, to be appointed by his Majesty, and two assessors, to be appointed by the governor of the said island, from time to time; which chief judge, together with any one of such assessors, shall have full power and authority to hear and determine all pleas by this act cognizable by the said court of civil jurisdiction; and shall have such clerks, and other ministerial officers, as the chief judge shall think proper to appoint; and that such salaries shall be paid to the chief judge aforesaid, as his Majesty, his heirs and successors, shall approve and direct; and such salaries be paid to the assessors, and to the clerks, and ministerial officers aforesaid, as shall be approved by the said chief judge, with the consent of the governor of the island of Newfoundland; which several salaries shall respectively be in lieu of all other profits and emoluments whatever; and such court shall be a court of record, and shall have all such powers as by the law of England are incident and belonging to a court of record; any thing in the said first-mentioned act contained to the contrary notwithstanding.

2. And be it further enacted, That the said court shall proceed by complaint in writing, and by summons of the defendant, in all cases where the complaint is for a sum under five pounds; and by arrest of the defendant, and attachment of his goods and debts, or of his effects in the hands of any other person, where the complaint is for more than the sum of five pounds; and such court shall have power and authority to pass judgement, and give costs, in such pleas, and award execution, either by levy and sale of the goods and chattels, or arrest of the person of the plaintiff or defendant, and also of the goods, debts, and effects of the defendant so attached.

3. Provided always, That in all pleas, where the sum for which judgement shall be given shall amount to more than one hundred pounds, it shall be lawful for the plaintiff or defendant, as the case may be, to appeal to his Majesty in council, and upon notice of such appeal being signified to the chief judge of such court, within fourteen days after such judgement passed, and security given, to the satisfaction of the said chief judge, for prosecuting such appeal, the execution of such judgement shall be stayed.

4. And be it further enacted, That during the time the governor of the said island shall continue to be resident in the said island, or parts adjacent, no disputes which shall arise concerning the wages of any seaman or fisherman shall be heard and determined in the court of session mentioned in the said first-mentioned act, but only in the court of civil jurisdiction which shall be instituted by virtue of this act.

5. Provided always, That nothing in this act contained shall extend to prevent the court of session aforesaid from hearing and determining such disputes as aforesaid, when the governor shall not be resident in the said island, or parts adjacent.

6. And be it further enacted, That no suit shall be commenced in the said court of civil jurisdiction where the cause of action shall have arisen more than two years before such commencement, nor shall be heard and determined in the said court of civil jurisdiction, except during the residence of the governor within the limits of his government; and that this act shall commence from the tenth day of June one thousand seven hundred and ninety-one, and shall have continuance for one year, and unto the end of the then next session of Parliament.

32 GEO. III. Cap. 46.

For the better administration of justice in the island of Newfoundland, and the islands adjacent; be it enacted by the King’s most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present parliament assembled, and by the authority of the same, That it shall and may be lawful for his Majesty, by his commission under the great seal, to institute a court of criminal and civil jurisdiction, to be called, The supreme court of judicature of the island of Newfoundland, with full power and authority to hold plea of all crimes and misdemeanors committed within the island of Newfoundland, and on the islands and seas to which ships or vessels repair from the island of Newfoundland, for carrying on the fishery, and on the banks of Newfoundland, in the same manner as plea is holden of crimes and misdemeanors committed in that part of Great Britain called England, and also with full power and authority to hold plea, as herein-after mentioned, of all suits and complaints of a civil nature, arising within the island of Newfoundland, and on the islands and seas aforesaid, and on the banks of Newfoundland; which court shall determine such suits and complaints of a civil nature, according to the law of England, as far as the same can be applied to suits and complaints arising in the islands and places aforesaid; and the said court shall be a court of record, and shall be holden by a chief justice to be appointed by his Majesty, who shall have full power and authority to enquire of, hear, and determine all crimes and misdemeanours, suits, and complaints, cognizable in the said court; and such court shall have such clerks and ministerial officers as the chief justice shall think proper to appoint; and such salary shall be paid to the said chief justice, as his Majesty, his heirs and successors, shall approve and direct, and such salaries be paid to the clerks and ministerial officers aforesaid, as shall be approved by the chief justice, with the consent of the governor of the island of Newfoundland, which several salaries shall respectively be in lieu of all other profits and emoluments whatsoever.

2. And be it further enacted, That it shall be lawful for the governor of the island of Newfoundland, with the advice of such chief justice, from time to time, to institute courts of civil jurisdiction, to be called surrogate courts, in different parts of the island of Newfoundland, and the islands aforesaid, as occasion shall require, with full power and authority to hear and determine, in the like summary way, all suits and complaints of a civil nature arising within the island of Newfoundland, and on the islands and seas aforesaid, and on the banks of Newfoundland; which courts shall respectively be courts of record, and shall determine according to the law of England, as far as the same can be applied to suits and complaints arising in the islands and places aforesaid; and the said courts respectively shall be holden by a surrogate, to be appointed from time to time by the governor of the said island, with the approbation of such chief justice, and shall have full power and authority to hear and determine all suits and complaints cognizable in the said court; and the said court shall have such clerks and ministerial officers, with such salaries as the chief justice shall appoint, which salaries shall be in lieu of all profits and emoluments whatever.

3. And be it further enacted, That it shall be lawful for the said supreme courts and surrogate courts respectively, when any suit or complaint shall be depending therein, to cause to appear from day to day, all persons interested in the matter in dispute, and to examine upon oath such of them as it shall be deemed proper, for better discovering the truth, and thereupon, and after due consideration of all circumstances, to make such order, judgement, or decree therein, and award such damages and costs, as the case shall require; and that in all cases where the cause of any suit or complaint shall not exceed five pounds, the party who is to answer such suit or complaint shall be made to appear in court by summons, and in all cases where such summons shall be disobeyed, or where the cause of any suit or complaint shall exceed five pounds, then that the party who is to answer such suit or complaint may be caused to appear by attachment of his or her goods, debts, or effects, or by arrest of the person, and that the execution of any order, judgement, or decree may be enforced by attachment of the goods, debts, or credits of the party, or by arrest of the person against whom such order, judgement, or decree shall be made; and that it shall and may be lawful for the said chief justice and surrogates respectively, to authorize some person in his or their absence respectively, to issue process, and do all acts appertaining to the said supreme court, and surrogate courts respectively, save and except the enquiring of, hearing, and determining of any crime or misdemeanor, or any suit or complaint of a civil nature.

4. And be it further enacted by the authority aforesaid, That, where the cause of action shall exceed the sum of ten pounds, and it shall be prayed by the defendant in such suit or complaint, that a jury may be summoned to try such action, it shall be lawful for the said chief justice and surrogates respectively, and he and they are hereby respectively required to cause twenty-four persons to be summoned, of whom twelve shall be a jury for the trial of such action, and to proceed therein according to law: Provided always, That, if a number of jurors sufficient for the trial of such action having been duly summoned shall not appear to be sworn, it shall and may be lawful for the governor of the said island, and the surrogates in their several courts respectively, to nominate and appoint two proper persons to be assessors to the said chief justice, who, together with the said chief justice or surrogates respectively, shall proceed to the trial of such action, in like manner as if such jury had not been prayed.

5. And be it further enacted, That upon any decree or judgement given in a surrogate court, for any sum exceeding forty pounds, it shall be lawful for the party against whom such decree or judgement shall be given, to appeal therefrom to the supreme court, having first given notice of such intention, and having entered into a security to the surrogate, in double the sum for which such judgement or decree was given or made, within two days after making or giving such judgement or decree, for duly prosecuting such appeal; and upon any decree or judgement given in the supreme court, for any sum exceeding one hundred pounds, it shall be lawful for the party, against whom such decree or judgement shall be given or made, to appeal therefrom to his Majesty in council, having first given notice of such intention, and having entered into security, to be approved by the chief justice, in double the sum for which such judgement or decree was given or made, within two days after the giving or making of such judgement or decree, for duly prosecuting such appeal; and in all cases of appeal, as soon as notice shall be given, and security entered into as aforesaid, execution shall be stayed, but not otherwise.

6. And whereas it will greatly contribute to the advancement of the trade and fishery of Newfoundland, if such effects as persons becoming insolvent in the said island of Newfoundland, and the islands aforesaid, were possessed of or entitled unto, within the said island, or on the islands or seas aforesaid, or on the banks of Newfoundland, should be divided among their creditors with more equality than hath hitherto been practised; be it further enacted, That, as often as the goods, debts, and credits of any person shall be attached, and it shall be made appear to the court out of which the process of attachment hath issued, that the goods, debts, and credits so attached are not sufficient to pay twenty shillings in the pound to all those who shall be creditors by reason of debts contracted within the island of Newfoundland, and on the islands and seas aforesaid, or on the banks of Newfoundland, it shall be lawful for such court to summon the party whose goods, debts, and credits are so attached, together with the plaintiff or plaintiffs who have sued out any attachment, and also such persons who are known to be creditors as aforesaid of the defendant, to appear in court at a certain day, and if upon a due examination of the defendant, and the said creditors, it shall appear that he or she is insolvent, the court shall declare him or her insolvent accordingly, and shall immediately proceed to take order for discovering, collecting, and selling the effects and debts of such person, and distributing the produce thereof rateably amongst all the said creditors of such person so declared insolvent, or to authorize some person or persons, being a creditor or creditors, to perform the same, such person or persons first entering into a recognizance in such sum as the court shall think fit, for the due performance of his or their duty therein; and that such court shall from time to time make such order therein as shall be deemed proper, for better discovering, collecting, and selling the effects and debts, and making a rateable distribution thereof among the said creditors.

7. And be it further enacted, That in the distribution to be made of the estate and effects of such person so declared insolvent, every fisherman and seaman employed in the fishery, who shall be a creditor for wages become due in the then current season, shall first be paid twenty shillings in the pound, so far as the effects will go; and in the next place, every person who shall be a creditor for supplies furnished in the current season, shall be paid twenty shillings in the pound; and lastly, the said creditors for supplies furnished in the then current season, and all other creditors whatsoever, shall be paid equally in proportion, as far as the effects will go, provided that the said creditors for supplies furnished in the then current season shall not be paid more than twenty shillings in the pound on the whole of their debt.

8. And be it further enacted, That if such insolvent person shall make a true disclosure and discovery of all his or her goods and effects whatsoever, and shall conform him or herself to the order and direction of the said court, the same shall and may (with the consent of one half in number and value of his or her creditors) be certified by the said court, and such certificate, when pleaded, shall be a bar to all suits and complaints for debts contracted within the island of Newfoundland, and on the islands and seas aforesaid, and on the banks of Newfoundland, prior to the time when he or she was declared insolvent.

9. And be it further enacted, That where any cause of action shall have arisen before the first day of August one thousand seven hundred and ninety-two, no suit or complaint shall be commenced thereon at the distance of more than six years from the time when such cause of action arose.

10. And be it further enacted, That the said chief justice, or any person or persons appointed by him for that purpose, under his hand and seal, shall have power to grant administration of the effects of intestates, and the probate of wills; and that the effects of deceased persons shall not be administered within the island of Newfoundland, or on the islands and seas aforesaid; or on the banks of Newfoundland, unless administration thereof, or probate of wills respecting the same, shall have been duly granted by such authority as aforesaid.

11. And be it further enacted, That an act passed in the last session of Parliament, intituled, An act for establishing a court of civil jurisdiction in the island of Newfoundland, for a limited time, which act was to have continued in force from the tenth day of June one thousand seven hundred and ninety-one, for one year, and unto the end of the then next session of Parliament, shall be and continue in force until the opening of the supreme court instituted by virtue of this act, and no longer; and every suit or complaint which shall at that time be depending in the said court of civil jurisdiction, shall and may be proceeded upon in the said supreme court, in the same manner as any suit or complaint originally commenced in the said supreme court.

12. And be it further enacted, That it shall not be lawful for any court in the island of Newfoundland, or islands aforesaid (except the supreme court and the surrogate courts appointed by virtue of this act) to hold plea of any suit or complaint of a civil nature, any law, custom, or usage, to the contrary notwithstanding: Provided nevertheless, that the court of vice admiralty having jurisdiction in the said island, shall and may hold plea of maritime causes (except only the wages of seamen and fishermen, which are to be heard and determined in manner herein-after directed), and causes of the revenue, as heretofore practised and used: Provided also, that all disputes which shall arise concerning the wages of any seaman or fisherman, and all offences which shall be committed by any hirer or employer of such seaman or fisherman, against this or any other act, relating to the island of Newfoundland, or the islands and seas aforesaid, or the fishery thereof, shall and may be heard and determined, and the penalties and forfeitures thereby incurred shall and may be recovered in the court of sessions, or before any two justices of the peace.

13. Provided also, and be it enacted, That it shall be lawful for the court of session, in a summary way, to hear and determine all suits for the payment of debts not exceeding forty shillings, and not contracted more than one year before the commencement of such suits respectively; and it shall be lawful for the court of session, or such two justices respectively, to award costs therein; and such determination and award shall be final, and shall be carried into execution by attachment and sale of the goods and effects of the party against whom the determination was made.

14. And be it further enacted, That it shall be lawful for the said chief justice to settle such forms of process, and such rules of practice and proceeding, for the conduct of all pleas, suits, and complaints, and for the dispatch of the business of the said supreme court, and surrogate courts, and of the business in the courts of session, or before any one or more justices of the peace respectively, and to appoint such reasonable fees to be taken for the conduct and dispatch of pleas, suits, complaints, and other business as aforesaid, and for the granting administration of the effects of intestates, and for the probate of wills, as shall seem necessary and proper for expediting matters with the most convenience and least expence to the parties concerned therein; and such process, and rules of practice and proceeding, shall be followed and obeyed; and such fees shall be paid accordingly, and no other; and that all such fees received in any surrogate court shall be paid and accounted for by the surrogate in the said supreme court; and that it shall be lawful for the said chief justice, and he is hereby required to settle and limit what fees and poundage shall be taken by the sheriff of Newfoundland, and the same shall be taken, and none other.

15. And be it further enacted, That all fines, penalties, and forfeitures, imposed by any act of Parliament made, or which shall hereafter be made, relating to the island of Newfoundland, or the fishery thereof, may be recovered in a summary way in the said supreme court, or in any surrogate court; and every penalty and forfeiture of the sum of ten pounds or under, may be recovered in the court of session, or before any one or more justices of the peace; and all fines, penalties, and forfeitures imposed, paid, or levied in any surrogate court, or in any court of session, or before any one or more justices of the peace, shall be forthwith estreated, and paid into the said supreme court by the surrogate, or by the justice or justices of the peace respectively, before whom they were recovered; and it shall be lawful for the said supreme court to issue process for better compelling such justices and surrogates to bring to account all monies which ought to be so paid and accounted for as aforesaid; and all money arising from such fees, fines, penalties, and forfeitures shall be applied and appropriated towards defraying the expence of carrying this act into execution.

16. And be it further enacted, That if any action or suit shall be brought or commenced against any person for any thing done in pursuance of this act, such action or suit shall be commenced within six months next after the matter or thing done; and the defendant in such suit or action may plead the general issue, and give this act and the special matter in evidence at any trial to be had thereupon; and if a verdict shall pass for the defendant, or the plaintiff shall be nonsuited, or discontinue his action after the defendant has appeared, or if judgement shall be given, upon any verdict or demurrer, against the plaintiff, the defendant shall recover treble costs, and have the like remedy for the same as defendants have in other cases by law.

17. And be it further enacted by the authority aforesaid, That no officer whatever, being in the service of his Majesty’s customs in the island of Newfoundland, shall be capable of acting as a justice of the peace in and for the said island.

18. And be it further enacted, That this act shall continue in force until the tenth day of June one thousand seven hundred and ninety-three, and from thence to the end of the then next session of Parliament.

FINIS.