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which belong to this more exciting story, a brief notice must be given to some legal changes of great importance which were introduced at this period.

causes.

It has been shown in the previous chapter that one of the great wants in the island arose from the absence of a properly constituted court for the trial of civil This want the Courts of Session and the Court of Vice-Admiralty, though without real authority, had been made to supply. In this position of affairs Governor Milbanke 'was strongly advised by his secretary, Mr. Graham, who had been secretary to the three preceding governors, to get something of a court established that might stand on unquestionable authority: and the Governor's commission being searched for this purpose, it was found that he had full power to appoint judges, and in cases necessary justices of Oyer and Terminer, &c. It was suggested, too, that judges, contrasted as the word there seemed to be with justices of Oyer and Terminer, ought to be considered as meaning something different from such justices, and that, being in a popular untechnical sense usually applied to those who preside in the three courts in Westminster Hall, it had grown in the minds of unprofessional men to signify more especially judges in civil matters; that it therefore seemed the Governor by these words had authority to institute a court of civil jurisdiction; and he was accordingly advised to institute a court of Common Pleas, to proceed by a jury in the manner of a court of common law in this kingdom.'*

* Reeves.

Though the assumption in reference to the words. of the Governor's commission was unwarranted (the language being copied from other commissions-as to West India, where it was meant to convey the power of appointing standing judges as well as occasional justices), yet Governor Milbanke acted on it by the appointment of a court of Common Pleas and judges in the summer of 1789. Many complaints were urged, both against the constitution and the proceedings of this court by parties prejudiced in favour of the old irregular system which had prevailed in the colony. These complaints were so far successful as to lead to an examination into the matter by the ministry at home, and to establish the conclusion that 'the Governor had not authority under the words of his commission before observed upon to institute that or any other court for civil causes.' But, instead of the recognition of this fact leading to the abolition of the court, it rather suggested to the Committee of Council for Trade to recommend to His Majesty to appoint or authorise the Governor by proper words to appoint such a court.

However, no court was then established, and the court of Common Pleas, instituted by the Governor, continued during the year 1790 to proceed as before. The subject was taken up by the Committee of Trade in the year 1791, and a bill was presented to Parliament under their direction, for instituting a court of the sort they had recommended in the representation made in 1790. This bill passed into a law, and, being intended as an experiment of a new judicature, it was to endure for one year only. The result of that experiment was to propose another bill in the session of 1792,

COURTS OF JUDICATURE.

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for instituting a court somewhat different from that of the preceding bill. This also was only for a year.'

The Act of 1791 instituted a court of civil jurisdiction, which court was to consist of a chief judge, to be appointed by His Majesty, and two assessors, to be appointed by the Governor from time to time. The Act of 1792 established a supreme court of judicature of the Island of Newfoundland with full power to hold plea of all crimes and misdemeanours, and to determine suits and complaints of a civil nature, according to the law of England, as far as it was applicable to such suits and complaints. This court was to be under a chief justice appointed by His Majesty. The Act also provided that the Governor, with the advice of such chief justice, might from time to time institute courts of civil jurisdiction, to be called surrogate courts, in different parts of the island, from which courts, however, there was liberty of appeal in certain cases to the supreme court.

Chief Justice Reeves was the first appointed to preside over the supreme court in St. John's. He also initiated the Surrogates Court in Conception Bay, the proceedings of which were afterwards conducted by Captain Moore. The judge had received the appointment, accompanied by instructions to collect the

Reeves.-The author regrets that here he has to take leave of the History of the Government of the Island of Newfoundland, which has hitherto been an invaluable guide on the subjects to which it relates. The above extract in the text is taken from the last page of the body of the work, which was published in 1793.

M

materials from which to draw up, for the benefit of the British Government, a statement in relation to the condition of the fisheries-the customs of the people, and the usages of the courts, and other matters, the knowledge of which might be useful in further legislation on the affairs of the colony. In addition to the performance of these, his assigned duties, he presented to the public a history of the Government of the country, which, though a book of small dimensions, is by far the ablest and most reliable work on the country existing in the present day.

In consequence of the information furnished by him another Act was passed in 1793 (33 Geo. III. cap. 76), by which the administration of justice in Newfoundland was established on such satisfactory grounds, that the statute was renewed from year to year until 1809, when the courts of judicature instituted under it, were made perpetual. The expense of the supreme court thus established (in 1793) was not very extravagant, as appears from a letter of Chief Justice Coke, who succeeded Mr. Reeves.

Concerning these charges the judge hopes that the items three and four will not be deemed extravagant, as the offices are necessary, the cost of living in this

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country dear, and the persons so employed can be made useful by assisting the sheriff to execute process, and such emoluments as they receive in that way can be deducted from their salary.' All the salaries were paid by the Crown, and were to stand in lieu of all fees, which were to go into a common fund.

Admiral Milbanke's term of office expired in 1791, and he was succeeded by Sir Richard King, RearAdmiral of the Red Squadron. During the administration of the latter little of any striking importance occurred in the affairs of the colony. One of the principal objects of the interest and anxiety of the Governor was the Church of St. John's, which had fallen into a very dilapidated condition. In a message addressed to the inhabitants on the subject, he expresses the deep concern with which he beholds its deplorable and ruinous state, at a time when the dissenting meetinghouse and the Romish chapel are comfortable wellbuilt places of worship, suitable to accommodate their congregations;' and 'he persuades himself, when the principal merchants and inhabitants at St. John's consider that the dissenters build their places of worship by voluntary subscriptions, they cannot but be sensible how disgraceful it would appear in the eyes of the whole world, if persons professing themselves Protestants of the Established Church, should not cheerfully step forward on the present occasion, and subscribe in proportion to their different circumstances towards repairing the old, or building a new church.' Meantime, His Excellency had given directions that the Courthouse should be appropriated to religious