A new subject of complaint had grown up in Newfoundland—this was the hearing and determining of _civil causes_. Among all the grievances, and the expedients for remedying them, during the tract of time we have gone through, there seems to have been no solicitude or attempt to provide _a court of civil jurisdiction_. While this place continued merely a fishery, the causes of action between parties were simple and of less magnitude; but of late years the population had encreased, and among the persons resident there were dealings of a mercantile nature to a great extent, and of a sort to need a judicature, that would command more confidence than any of the old establishments had been thought entitled to. There arose therefore, from time to time, discontents upon this head, and these led to measures that ended in making an intire new establishment of a court. To make this subject more intelligible, we should look back to the courts that had hitherto been known at Newfoundland, the nature and jurisdiction of which were brought under consideration at this time.
[Sidenote: Review of the Courts of Newfoundland.]
The first regulation that looked at all like a court, was the authority given by stat. 10 and 11 Will. 3. c. 25. s. 15. to the fishing admirals, to hear and determine controversies and differences between the masters of fishing ships, and the inhabitants, or any bye boat-keeper, concerning the right and property of fishing rooms, stages, flakes, or any other buildings or conveniency for fishing or curing fish; and if either party thought himself aggrieved, he might appeal to the commander of any of the king’s ships belonging to the convoy. This was a civil judicature of a limited sort—the _adventurers_ or _merchants_, it should seem, were not liable to it; it was confined also in its object; _debts_ still remained without any mode of recovery, as well as all other personal wrongs of a civil nature.
Another jurisdiction was given to the fishing admirals by this act: by sect. 14 they were to see the rules and orders contained in that act concerning the regulation of the fishery duly put in execution; and this was given them, as the act expresses it, _to preserve peace and good government among the_ SEAMEN _and_ FISHERMEN, _as well in their respective harbours, as on the shore_. This was a sort of police invested in them, which might be considered as partaking both of a civil and criminal authority. But this also, like the former, was limited as to the persons; no authority was given that could be exercised over the merchants and adventurers, who seem to be considered by this act as persons who might have right done them; but against whom it was not necessary to do any justice whatsoever—for, by the rules and orders of this act, the fishing admirals would be obliged to see they had ships-room; and their seamen and fishermen would be kept quiet and under controul; but if these adventurers had taken possession of any _fishing rooms, stages, flakes, or other conveniency for the fishery_, the admirals had no jurisdiction to call them to account, and to make restitution to the right owner, their jurisdiction in that particular being confined to the _masters of fishing ships, inhabitants, and bye boat-keepers_.