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/ VOL. IL 1\T0. 45. ST. JOHN'S, NEWFOUNDl^D, SA^RDAY, AUGUST 28, 1862. — PRICE SIXPENCE. €1je ftccotir Published overv Saturday morning by Ihe Proprietor, BERNARD DUFFY, ,i« Gie."reaxL .'Bl-s-rix-o OrricK, .Duckworth St. (Dn Sale. PROVISIONS 1! OX SALS BY JOHN TAREHAN, i"*,/^ *•""-, TJAlaRELS No. 1 Canada Super oi 11U 15 line F L 0 li tt-for toUiily use -.'.,,. Dilto'Extra New York dill, l..,I Pitto Middling ditto l"o Dilto Corn Moat 1,„. Bags Horse Feed SOO Dilto Bread—No 1 k 2 CO Firkins cboieu l'.utter 100 Ili-reU Prioio Mess Pork 100 Dilto Mess ditto ;. . !!..*s"s*-je*li Crocker* Sit Ditto Butter diltto ■•'.' Barrel. Pilot Bread .." lioxes liingcr Snip* 0 .n Hoies Morrill"* Mould Candle-s— 6's & S lo. Diilo Paris f* Hales Soap •io 11.If botes Tee -..I I lore n HraionM 21 Dos«n Buckets I" Dilto Chair-- -In;!" and double lucks I li -, U.siu; ml .-iirain- hair* io Barreti Nut* 1 Frail Dai.* also, loo Tierces l'ORTF.R ■lei l'on. Iligh-prool St. dago RUM. Notices. faro 3ittcJtigcitct. JUDGF. LITTLE'S JUDGMENT In appeal cast of Robinson vs. the Crown, July 26,1862. This cose comes before this Court by appeal from tho judgment of the Ceniral Circuit Court, and having been argued upon the editions tiled by tbo plaintiff as the appellant the decision of iho Chief Justice, as the presiding Judge of the Court, it becomes his duty and mino from necessity, owing to the "ution of Ihis Court, to review that deci- Although I havo no direct interest in this action, 1 should have been pleased, for the is publicly mentioned by me on pre occasions to have been relieved from taking a part in the consideration of the case hut as that could not be legally, I have given the subject my anxious attention, with a view of forming as far as I am able, an impartial judgment upon iL In the Court bcloiy, iho plaintiff claimed! from the defendant a sum of £37 Ids. sterling, being a balance which he alleged was due on his official salary as a Judge or Ihis Court. The ground ,,i tlii* claim as stated in the special ense, is that his salary being granted in Sterling money, and Sterling money being now by local enactment declared to be equivalent to dollars at tlie rote uf £120 cur-! rency for every £100 Sterling, ho therefore is entitled to be paid 050 sovereign* per annum or if in dollni.*, lo be paid nl the rato of sis. 2d Sterling for each dollar. Tho defendant colluded that he is oaly entitled to £115 7s. 8d rrency for every £ll'0 Sterling, or 625 vereigns, nnd having been paid at this rate at no balance was due to him. Tho ques- ,n nt issue depends upon the interpretation or di-- two Act* ,.f lha Legislature ol this Colony, tho 18 & li) Vic., Cap. 8, Sec, 1 grant ing Iho sum of £650 jtg. per annum, its die salary to die A>si.-tnni .ludt-'e of this Court, and the 19 Vic., Cap. 11, defining (he lega value of British coins ia this colony. The ap pcllsnt lias excepted (o (he judgment below because among (lie oilier grounds, it proceeds upon uxt assumed usage or local custom to liquidate a sterling debt by the payment of £115 7s. 8d. currency or in dollars 4,1. Sterling each, tho existence of which THE CATHOLIC ART UNION, M'I'EBIOR AI.T.U. PIECES IlKI.MilOVti EXORATIMCUt. .UlilujcT.—lA.ailf* DlllV, J, TfCKETS-OXE SH1LLIXG EACH. The main object of the itholic Art Union is siqi.-1-scilo die vul'.ir and grotesque prints, n rained r.-li '.,,a< .ti-raving*, which hove .a long . joved an unhealthy popularity in this country. ... diil'iising nuungsl die people engravings in which un- highest "cuius shall be made subservient to the inicreit* of Socrcd Art. Tke following splendid worki of Art are the THE C1.UCIF1XION*. THK IMMACULATE CONCEPTION. ST. JOSEPH AND THK REDF.EMER. Sire of each Painting, five fret by three focttix iache*.in magnificent Gilt Frame*. The Drawing of Prize* will take place in Dub- " ,n tho -JCth December, 1st;2. » .Two Hundred Gaineas. to the chance or obtaining ono ofthe eoch *abscribcr, wben taking o e-eive the follow in - three splendidly Ul'CM'lXION.by Overbook. MM U'Ui.ATK CONCEPTION. oEPU ANDTHK INFANT SAVIOUR- teol eoch Engraving, I©* 12 inches. V„H,e Seven ShMlntrs nn-1 Six Pence!! Ticket* to be hod at Dl-fi-v'« Boor Stobb Sl Ji.hu'*, Newfoundland. Feb. 1. admitted hy llie special cose, but negatived by the facts slated therein *, lhat the language ol" these .Vets is definite and clear and no suck usage, if it did exist in fact, can in law be admitted to contradict llmt language or curtail its legal meaning-that if tucli usage had n legal existence at one lime, it was altered by the Acts fixing the legal vnlucof the sovereign; in olhcr words, or lhc pound sterling nt 21*. cur-' rency ; nnd lastly, even if sueh usage exists j he is entitled to judgment, because no tender , or twivment or liis salary in dollars al any pursuant lo such alleged usage TO BE MFFLED, . alii-riiificiiit Edition of the CYCLOPEDIA; UNIVERSAL DICTIONARY, Of Arts, Sciences, and Literature, By ABB.UI.1.H BEES, Tt. D., dec, *c Klcgantly bound in hair Calf—15 Volui Illustrated wilh Nununus Steel Engravings by the most Distinguished Artists. 120 Tickets at 5s. Each!!! The above Copy was published at £50 A Kit i« now open nt Durrr's Book Store, JOSEPH ENGLISH, Tailor and Clotltier, Begs leave to inform bis friends andrthe pnb- ".c that he h Co5.'"5 April 6. POSTAGE STAMPS hy making application at the during oifico hours (except the JOHN DELANET, Acting P. M. G. J. W. JACKSON, CLOCK AND WATCH MAKER, WATER STREET. A. & R, BLACKWOOD, H-alr Pre*iit* quad Pei*V*asii n, WATER S-TREET. Ry the Royal Charter for establishing the Supreme and Circuit Courts of Newfoundland, issued hy His Majesty King Gcorgo the Fourth, in pursuance ot the Imperial .Statue 5, Geo. 4, Cap. 07, usually rallctl (he Judica- Ac(, (lie .salaries are thus granted to the ttt, that is lo say, to " Our said Chief je, a salary of £1200, sterling money by the year, and each of our Assistant Judges a salary of £700 like sterling money by the year. And our Governor or Acting liovcr- nor for the time being of our said Colony is hereby directed nnd required to cause such salary to be paid io die said Chief Judge and Assistant Judges, out of the Revenue of lhc ! £6,550 said Colony, by four quarterly payment, all the four mo.-t u-ual dav* uf payment in (he! year." Under die Imperial Act 2t& 8 Wm.! the -tth, cap. 78 die sum of £6550 was re-j served out of the duties levied within die Co-; lony by nn Act or Parliament for die payment of the Salaries of ihe Governor, the Judges of this Court and two other principal officials of i the local government, with power to (tic Crown I ilh lhc consent or the local Legislature, to real so much of this Act as relates to Ihe application of that sum, in cose the Legislature should make an adequate provision for these officers. Iu 1843 Ibe local Legislature, finding that the duties paid under the Imperial Acts had fallen short of that sum, made the aggregate amount payable out of the proceeds ol all d"'.ies levied in this Colony, by any act of Parliament or of the local Legislature. By the local Act 18 cfe 19 Vie. cap. 8 pasaod ia 1855, providing for the reduction ot tho Salaries of tlie Principle Officers of Ibe Govern ment, " ihe following yearly allowances in Sterling money" are granted "unto any per-l son who shall herealler bo appointed Chief Justice of Her Majesty's Supreme Court of] this Island the sum of £850. To any person who shall hereafter be appointed Assistant or Puisne Judges of the taid Court the sum of £M0." The preamble to Ibe 4th section, referring to the Judges, recites the charter anc several Imperial Acts on the subject, nm slates "whereas it is expedient for the public interest Ihnt the said respective salaries shout. bo reduced and limited to tbe respective amount* stilted in the first section notwithstanding anything contained in the charter or the said Acts, and the 5th section repeal* the Act of 1843 so far ai it relates to the Salaries of the Judges and other Officers therein nnmed upon their becoming vacant." On the 3rd o | July 1858 the appellant was appointed to the office of Assistant Judge by the Govern afterward* confirmed by a commlssioi under a mandamus from Her Majesty. The salary attached to the office taken by die appellant being thus 'seduced from £700 Sterling moi*y lo £650 "Sterling money, we have to determine the legal meaning ol tbe term " Sterling" as thus used in the charter and in tha loud Act in relation io this claim Mow in tho year 1854, 17 Vic. Cap. 5, an Act waa passed by the local la-triikuare, snaking the gold coin of tbe United Kingdorh, called a Sovereign of foil weight and fineness, a legal tender in discharge of currency debtl, at the rale of £1 4a currency. In 1856 by another Act (19 Vic Cap. 10) that Act was continued! for a limited period, and it was thereby provided, " Tbat nothing contained in ihi* Act shell affect contracts payable rn Sterling money entered into before the passing of the laic in part recited Act and before the passing o (his Act." At ths same time a permanem Act was passed (19 Vic Cap. II) for esiab- liabing the legal value of certain British and other coin* in (hit Colony. Tbo tin* aociion a-uacts that, the British sovereign of tbo weigh and finone.** now or -H-realter to be fixed by tho law of the United Kingdom or Great Britain and Ireland, shall be equal tofBtSJa legnl tender for one pound four shillings! of the present current monoy of this Colony \ and »ec 7 is, that all British Silver Coin! not herein enumerated and now in circulation shall be a legal tender for sums nol exceeding two pound. and ten shilling*, nt six shilling* for. tin crown piece, three shillings for the half crowo and all other British Silver Coins nfter the tame rato as the sovereign ia the same propor- as such respective coins bear thereto. The ri section slates "And whereas by this Act pound or British Sterling money is tiercaf- lo ho reprcsenled by one pound four shillings currency "necca-ding (o (he respective rales or value of the several coins hereinbefore mentioned, and at which thcy are by this Act fixed and determined, nnd lo be hereafter a Legal Tender; and whereas there exists Leases, Bonds, Debonturss and other monetary obligations voluntarily entered into by the panic* thereto previous to the passing ol llit* Act, reserving Rents and otber monies, pnyn- able in and setting forth dint the payment* therein expressed lo bo made shall bo payable in sterling or sterling money of Grea( Britain -, and it therefore becomes necessary lo declare that tho provisions of this act nro not intended in any iv-.iy or manner to affect Leases, Bonds, Debcntin-cs, or other monetary obligations; Be it therefore enacted and declared, llmt nothing in this act contained shall extend o be construed to extend to affect any Least Bond, Debenture or other monctnry-obligii (ion made and entered inlo before the passin of this Act, wherein lhc Rent reserved, o money payable thereunder is expressed to b payable ia sterling or sterling money of Great Britain ; but tho same shall be and subject to the same legal interprelnti construction in every respect as the would by Law bavo been subject to, provided Ihis Act hod never been made, anything herein contained to tho contrary notwithstanding." The judgment below correctly states that die words " Sterling money," in their primary, ordinary and popular meaning, signily -t rim_• or Great Britain or lawful English money, in'other words the current coin of die jnlm according to .-the truo standard. In ansdown vs. Lnnsdown, 2 Bligh, Oi, it is said hen die word ** Sierling" or lavvlul money ol (iivnl Britain or some word* equivalent hove been used, English money or currency is in general meant. This interpretation has been acknowledged by tho Crown to be correct heretofore as applied to the salaries uf the Judges for the fact is admitted in (he special cose tint! from die time of llie appointment or (lie first Judges und'-r the Charter (1821) un- jitil Juno 1813, thcy were paid their snlari,- for tliu most pari in British Gold and Silver coin* nt pur, bul occasionally in currency ul equivalent rules by consent or the Judges.— Thnt Trom 1813 up to the np-ioiiitmonl ol (he tq.pellaitl in lrt.'iS. they were paid in dollars at iho rate of 4s. 2eL sterling to tha dollar. As a part ol the salaries reserved under the 2 et 3 Wm. 4, cap. 78, out or the Revenue raised in (liis colony under Imperial Acls, tliey have formed under the tide ol'" Reserved Salaries,' a special charge imposed on die Colony hy llie Royal Charter, and litis Act ofthe Imperial Parliament. Nor do I find any, express repeal of die 2 4 3 Wm. 4, Cap. 78, toincd, in order lo seek for tbe meaning of] substituted nisi is contained in tho subsequent' meant by sterling in 1824 when these laws such covennnls in direel opposition to (heir [ Ac(s in the existing Revenue Act orihis Island' —— express terms." In.depcndunlly of this deci- —"Tlmtnll suras or money granted or imposed ■*™i, which is important for moro man one | cidraTajduaies.penaliies.forfeilurcsorolherwise wn on (ho present occasion, ns I shall | by litis or miy olhcr Actor Acts or tho Genera! iathioir, we have the fact 6tn(ed in (he special Assembly of thit Island shnll be deemed and case, that in tho local Revenue Acls (he duties are hereby declifrcd lo he Sterling Money of | imposed expressly in "Sterling Money of: Great Britain,' and shall be received,'lakcn Great Britain" have-been collcclcd in dollars and paid in 6uch sierling monoy, or in foreign the rate of 4s. 4d. sterling tb iho dollar;] coins al such rates as they, nre now received passed, would I presume, ba the s dny, unless there bus been since a legal alteration of tho standard nf value, though the currency value of the sterling may have varied. ■*" Wc have no rule of Court upon this subject. | Upon tho argument it was not denied that ' since lhc currency Act pos.scd, the verdicts have been rendered by the Jury nnd received hnvo (he no Ics* important fact admitted thnt from (lie year 1813 to 1849 the Light Dues imposed by (separate Acls of tlie Legislature in " Sterling" were paid in dollars at 4s. 2d. sterling each, or"£120 currency lor £100 sterling. In (he Jildiealure Act nnd Royal Charter "Sierling Briiish Money" i* only once mentioned, nnd din! in the 12lh sec- lion of the former, wliich directs the Judges in die Circuit Courts in cases where the sum sought is £50 " Sterling British money" to hare tlie evidence taken in writing; while '""'the 12tb section, giving'tho right of nppe.il the Supremo Court from decision* of tlie ircuit Court in notions where the sun: ,ng!if the same, it simply says iloO '• Sterling.' he 16th seciior, gives the right of arrest or tni'hment when tlie amount sought shnll cx- tcd £10 "Sierling money." Tho Charter ntcs the Judges' salary to b'e in " Sterling money," and in giving the rignt of appeal lo parties from the cleciiaions of lliis Court lo the Judicial Committee oflhe Privy Council in certain c!isc=. die words arc nbovc the amount ol £500 sterling." Shall we (hen give a dllTt-r- conslrnction (o nny of Ihese terms, or does ot seem quite elcnr (bnt (hey nre indiffer- cntly uscd-lo convey (he same meaning? 1 cannot perceive the force of the distinction inde by tlie Chief Jusiice on (he argiimcn*. iat hu is cntilled to be paid at the rale ol s. 2d. .sterling to the dollar under the words in Ihe Charier, " Sterling money" or simply " pouuiU" used in tho 2 et 3 Wm. 4, Cup. 78 while the nppellnnt, whose (salary is sccurec under Ihe samo authority nnd a local act, using the same terms as die Charter, is to be paid nt the rate of 4s. Id, sterling lo the dollar- It nppcars to me they stand on tbe same footing. Thcy both received Iheir appointments from tho Queen, and tbe form of appointment ii identical in both eases. Thus ir 5 Comyns' Digest 14C. it is said "if Ihe obli gntion liu* made in England for payment in Ireland, nnd the money is enhanced there only, payment in the enhanced money ismtli- cient, for the time nnd place of payment shall be principally regarded." As to the Irish cases cited ih the judgment below, I do not thiiiw tli"V apply to the fuels presented for our material mailers not in evielcnce, nor admitted by the parties. Thcy may accord with (he doctrine Inid down in Divi.-s R-p. IS, 3 Brugc 725, thnt in the case of mixed monies in Ireland the decision established the validity ot Stoluto authorised the lagi-lntiire, with die sanction ot die Crown, to repeal so much of reinles lo the appropriation or the case other nmple provision were made for the payment of die said reserved The local Act 18 & 19 Vic, Cup. 8 only purports Io make n reduction or thestn ted sums allowed lo each otficud without ex pressly altering llie nature or the money ii hich they were payable, but in the 4th Scc- oa reciting tlie words " Sterling used in die Royal Charter, aad in granting the salaries in ihese identical It wns conceded upon the nrgumenL that if theso terms were used in a Statute ol' the Imperial PnrliamenL there would be no doubt of their meaning lawful money of the realm. Then are we to construe them ns used in lhc Royal Charter and Judicature Act one way, nnd the same words as used in nn lending Colonial Statute to the same subject another sense ? In Cottcrnll vs. Cotterall 9 Joqr. 951 it was decided that " an Act of a Colonial Legislature where English law prevails is governed bv the some rules of construction as prevail in England respecting Statutes in pari materia, and English null: .rides upon an Act are authorities for Ihe interpretation of a Colonial Act in pari materia." Again, if the soma words occur in different parts of a statute or will they must be takcu to liave been everywhere used in tho same sense. Dwarris on Stal. 544. It is also said there would be no difficulty in tbe case, if « Sterling Money of Great Britain" had been used in (he local Act. Bot in lhc coso of Duns- comh A Beck, Select Cases of Newfoundland 539, decided in 1827 in this Court by three presiding Judges, which was an actio covenant to recover £116 19s. sterling for balance of rent reserved in three leases, vis. in two of ihem the rent was reserved in " lawful money of Great Britain," and in the third in ■ Sterling money," a special jury returned special verdict for the nmountT subject lo ill opinion or tbe Court as to the Defendant's lit ■ The plaintiffs found their action upon venanu entered into by Defendant under tbe leases produced st the trial lo pay the reserved in lawftil money of Great Bi and in Sterling money—terms which are stoo- tnoos and have tho like meaning. In order to discharge himself from the liability to pa/ the rent in the express terms of the contract, die Defendant contends that at the perioc" " these leases were entered Into, as well fore and for some time oiOwrwiirds, dollars wero considered as fire shillings sterling and so re- eeived by Ihe plaintiffs in payment of these rents, and the jury by the terras of their diet havo so found ibis fact But this am doe* not ipptasxto me to be one that can avail the deli-rr-daafjp the present action. I mutt' construe to tfis defendant's covenants, under 'whieh arises his llahilitr to pay the plaintiff's demand, according to the known and eslalwj tished rules of Law* and those rules *-rilTJ not allow mo to takrj into my consideration foreign to and not making part of the " in which the for lawful money ot England, or Ihey might be quit* consistent with tho .tide or the Irisl currency before die passing af die I*. George 4 cap. 79, abolishing nil dLsiine-iinn between die citrrency of England- nnd Ireland. Before then, il appears by 2 llligb 70, tliere was no any lavvlul money of Ireland, excepting copper nppropriuied to dint country ; tlicrtv was neither gold nor silver of legal currency— " a was no .such ihing ns Irish 1 Irish currency*. Chilly on Bills is quite clear from tlie case* cited, a 2 II. Aid. 3UI, that there existed an estnb- lishe.l well knoif.ii nnd generally rvi-ogniseJ ilifl'ereneMS o! a thirteenth lieieveen Irish mnl I'.'it-Iish c-urr.-ncy : und .1 it ei.nlrtiet wa* mad, in Ireland in sterling wilh reference to tin only recog'ii-t.l standard of value in thnt coun try, when tliere was no difference between iti currency uu.l iu sterling, mid no -statute oi Rival Charter or Proclamation as in litis co locy, applying thi* terra to the Imperial standard ot lawful money of Grent Britain, "' would have been very unreasonable mid co trary to common sense and justice to have held that such a contract could only be discharged in tho moro vnluublo currency o! England. Now sut to the currency Act*, it appears to me, the effect or them was io sclde our currency upon a legnl nnd defined basis. Before ihey were passed, (hero wa, no local statute. '-- in force here defining what coins should legal tender in currency. Tlie .scarcity ot dollars, which bii been llu: former circulating medium, obliged die Legislature to ndopt for the first time the gold coins ot England and other countries as the basis of the circulation in the monetary nfliurs of the Colony. From the documents to which reference was made on the argument and by the Chief Justice in die Judgment below.boitig a Letter or ihe 19th January, 1859 to the Governor from myscirin relation io this subject, and reforring lo his own claim to be paid al the rato of Sterling claimed by the appellant as well as the case prepnred by me In 1857 oi iho then Attorney General, and iho opinion of the crown law officers or England iherco which I annex for more accurate reference, it ovident that the sovereign fluctuated in v luc Irom 23s. Id. currency to 24s. cutfency the trade before Ihe passing of the Act*. Bi thi* case, I regard the sovereign and the pound Sierling money as convertible terms, nnd in the investigation I have nol been able io ascertain any good grounds for a distinction in point of law between them. Permit mo to ask, whence die necessity of the excepting clause in the 10th section of tho Permanent Currency Act t.nd in the temporary Act or 1850, ir the operation of diete Acts woi not calculated to introduce a standard lhat might interfere with some obligations catered into under a different system of currency Iron that e*tablished by them. Parlies so situated were properly left, to thoir rights, whatever (hey were, before tha enactments passcd.- The idea pervading these exception* was i doubt that tbere were contract* entered in in times pasted cither in ''Starling" i "Sterling money or Great Britain" wben tbo l'ioc-la:...iiii!ii.a_,f 1825 was in forco, or after I lil e\| In J,*qnd the same mettle ot rating Wl ■, tin.ml between parties, that ought not to I alTected by the new law. Reverting to the local Revenue Acts, it ii retnnrknblo circumstance lhal in the lirsl A. passed by ihe Legislature in 1833, as well a* — the succeeding Revenue Acls passed yearly lil 1843, the duties and monies gnuited thereunder, mr declared to be in "Slerlint money of Great Britain." In tbe seconc' session of that year tbo fallowing clai payment of Colonial Dulics in this Island. If British money were tendered under thn clnusc ns it stood from, 1833 to 1843, it ii clear, I think, thnt a sovereign emild only legally be accepted for each pound of duties so imposed in '* Sierling money or grent Britain.' The same observation applies lo payments in British Coins under die subsequent Revenue Acts. But under the latter, foreign coins would be a legal tender for nny of tlio purposes specified in these Acts nt the rate Ihey were, received in payment of Colonial duties. Tlie 'distinction is important, but neither ohauoc cstobKshea the currency value ot Ihe Sterling or the foriugn coins, nor stipulates how much currency shnll pay a sterling debt oi" nny nmounL I shall new consider the question of usage and endeavour to ascertain first, is there boon: us sufficient evidence or nny legftl usage tpon the subject; nnd secondly, what is ' " xact nut ure and effect of the usage sougli be established. I find no specific statemen the special case of (he usage relied on in the judgment. The lerai is only once mentioned aad thai in reference to the opinion of Sir John Romilly nnd SirAlcxander E.Cockburn inl850 to Ihe effecl.that as the Judges' salaries-were reserved in sterling British money, such salaries ir fixed in foreign coin should be paid accord- dt* legal Sterling vnlue or such foreign snd not according to any conventions value, wliich the hitter may by local l that Her Majesty's Froclomnti having fixed the legal value of the dollar . 2d., its ascertained real value ; that such be taken to be its real value with refer- to the payment of salaries reserved by Statute ia Sterling money, nnd thai the salaric in question if paid in dollars must bo taken n 4s. 2d." The only stated facts on whicli tti usago could iirise are, dm', tinder the local Revenue Acts, the Customs duties were imposed in pounds without staling in currency or sterling, but providing in a separate clause, whicli 1 have already given in extense, lluii (hey should be paid in Sterling money of Great Britain, or in foreign coins at sue! rate as at the time being they were receive-] in payment of Colonial duties; and that jn foct thcy were pniet nt the rate of 4*. 4d. sterling (o (ho dollar, while the ligi.t dues iinpo.sce sterling were paid nt the rate ot -Is. 2d. slg the dollar, or £100 sterling to the £115 7s. S I. currency. It cannot bo legally contended I presume, dial the usage can rest upon this stntiilnble rcqiiiremcnls, as (he ditties tvero expressly required (a lie paid in '• Sleiling money of Great I Jlrimin," lor no one entertains a doubt nhou the meaning of these words, and Act of Parliament cam Gristing V*. Wood, Cro Elizabeth 85. If-paid in sierling coin, as I before re- marijiiifl, n sovereign, which is 2 Is. currency, and tipl merely so much (hereof as would make 23*. Id. currency, could only lis: legally received lor a [round sterling. The receipt ol dollars however at 4*. 4J. sterling is —' the strong point ot the ease.' Mut it to me lo prove loo much for Ihiese itlio adduce i( in sup|K)rt of lha proposition Ib.it : ■bt [.livable, in Sterling enn be <|ischarged in dollars nt 4s. 4d. sterling each, nn.l who co- tend for a diit'eri'iicu between such n debt ni ,an.- [ttyabl, in Sterling money uf Great Bi lain, for die debt under die Revenue Acts was ie,'. payable in sterling, bul sierling money o Great Britain. Taking thei broad foct, however, o." the payment of those duties in dollars at dint rale, how enn its consistency he upheld in die foce or the foci of the Ligi.t dues imposed under local Acts in "Sterling" be-in-, paid at -ts. 2J. 6terling lo tho dollar ? The latter Is a case more nniilagoiis lo that under e-finsiili-mlio!. Ihan tho former. There is here. shewn to bo an absence of (hat uniformity of pracdeo which is so essential in law to the dstence ofn legal usage. The only olhcr statement in the special ens. i lhc point is, thai iho General Act* of Le gislotivo npproprintion wero in " pounds' (.'.-lie-rally, and were alwnys discharged in cur rency, equal to dollars nt 4s. 4*1. Sterling. I appear- that there is an error in Ihe first part " this statement, nnd that some of the appro- -iiilions"were in Sterling. The Judgment of ie Lour; below, however, without any correc- on. by the consent of .tlio 'jfirties npplies ihe same conclusion at lo the rule nt wlticli thes. appropriations so worded were paid, ai lhat which Ihe parties ndmit only with reference to tho acls worded in pounds simply. I do nol ihir.k lli.it conclusion was incorrecrin reality— assume il* accuracy, as it wns not de- n die argument. It certainly goes to tupport the proposition thai Iho gcn»rul «p- ptoprii lions of Iho Legislaluro aver* paid at tho Treasury at the rate of £115 7 8 for every £100 so granted, or equal lo dollars at 4s. 4d. Sterling. Buttheclnusu in the Revenue Acls since 1848 nlrendy reforrcd to, eoprc.vly refers to sums or money granled by nny Acls ot (he General Assembly and liaviug a genera operation over all or them ; die observations 1 made on k before, therefor*, n*pply here in ihe samo way—And there is still no evidence o a gencrnlecustom in die Colony upon Ihe poin(, supposing such could hnve tbe effect of law under the circumstances or this case, whicli 1 do not pretend to assert. Nor is dn-ro any uniform practice shewn to havo been observed by th* Government, for we find a deviation from it in ihe collection of the light dues and the payment of the £6550 Reserved Salaries. Now the practice of this Court has been referred to, in support of tho ReifJIondcnt. That practice rosto upon the Royal charter**! and the Judicature Act, by the authority o! which this Court bos been coniilitated. I have already (hewn that in them the term " Sterling" and u Sterling British money" are indifferently nscd—that the amount above whieh a of 4s. 4d.. sterling to tho dollar. tvns, T believe, Iho rate at which the currency claims coming before the Courts were treated in making Judgments nndlsueiiig out execution.*. But this does not prove how "Sterling" claims—and this is a sterling not' tticurrency debt—were tre-Ked, and the dcci- , sion in this Court on this point as reported in the select cose*, while they negative the usage set up.nt onciitoc to value the dollar at M. in discharge of a sterling dc hi. do not .support^ the usage contended for here, nor prove die. existence of a local standing rate, independently of thu real sterling- rate. l*hero can be no doubt, however, that at one time 4s. 4d. stcri- lcga! rale ofthe dollar", for in the year 1825, the Governor of this Island issued a Proclamation, in accordance with an order oftbo Kingjn Council ** That a tender nnd payment of Briiish Silver money to the amount of 4s. Id. should be considered as equivalent to the tender or payment of one Spanish doltar, proportion for any greater or less amount of debt" • • that British silver and copper money " lie issued at its nominnl te for ihe payment of his Majesty's troops," id further "to declare that as the Spanish dollar is current as equivalent to 5s. of money uf account, therefore thnt seventeeu shillings and four pence British silver and copper money is hereafter to be deemed nnd taken as - being equal in value to one pound of money of account in this Island and its dependencies." This Proclainntion is, I doubt not, the foundation ofthe usage alleged in th'n case, for in Dunscombe vs. .Beck, tried in 1827, we find the dollar had before then passed at 5s. sterling. The rate of llie dollar at 4s. 4d. therefore rested not on usage, but on die Prerogative or the Crown as exercised and embodied Ihis Proclamation, unlil the onler uf thu King was rescinded hy order of lier "Majesty In Council, on the 7th of Septomber, 1838. The object of the first order was to put Briiish silver money in circulation in the the circulation of Spanish, dollars is subject." Briti-li and foreign silver wss , made for a limo the ilandurd eirevtinting ium at the relative rates s|ie"fitled. Bulit afterwards nscertnined thnt the measure did not bring British silver inlo Colonial circulation, because, as it is said in a Treatise entitled " Tlio currency pt^jjio British colonies, p. 39—a* the value ol Is.-Id. in *ierling money ' 4 per cent, mure than the value ol a dollar ... sterling money, nnd more thun 8 per cent, above the sterling vnlue of the l-16th of a doubloon, die current circulation ol tlie doubloon, the dollar and Briiish silver was rendered impracticable j" and in page 845 it states, the ertpi and imperfection of the measure of 1825, then, were two-fold, first, Iho overvaluation of (he dollar in sleiling money— second, lhc omission of nil notice of gold coins. Although there were orders of the Queen in Council, fixing the sterling vnlue of tlio dollar al Is. 2d. sierling in 1838, nfter die repeal of die General order of I823jrret no <-xpress order on the subject wa* |,:is*,/l in relation to this Colony until 1SI3, when-Jlte Colle-torof Cut- —is in St. John's ns tho\:.i3e states, received :, fixing die viituo of (he dollar for receipt* nnd payments in lhat Department nt 4s. 2d. sterling. Tho Inlperial Act 8 and 'J Vic. Cap. 93. Sec 17, passed in 1843, for regulating tho Trade ot" the British Possessions abroad enacted. That nil sums o! money graatcd or payable under this Act as Duties. Penalties', or For- ■ I'oitures io the Briii-I. Possessions in America, or tho Mauritius, shall be deemed and aro hereby declared to be sterling.money of Great Britain, nnd shall be colleclcd, recovered, nnd paid to lb? amount of die vnlue wliich such nominal sums bear in Great Britain, nnd such money may be received and taken in sterling monoy or Grcnt Britain, or in Foreign Coins at such rates ns shall be equivalent to sterling money ol Great Britain, and which shall have been fixed by any Proclnmnlion issued by Her Majesty." This was in form unlit the .pealing Act passed by Ihe local .Legislature 1849 came iuto operation. Bul il appears _/ an Act oC-the local Legislature, 2 Vic Cap. 9, passed in October 1838, I ptesuuio in consequence of (be repeal of die Pi-oclnraniion of 1823, dint it wns attempted to continue, the dollar iu ec-ciilatien as a legnl lander nt thu qf 4s. 4d. sterling. T/he Act, howovcr, ;r went iuto oporation, a» it was disallowed hy her Mnjcsly, it also nppenrs in (he Colonial currencyTrciiii*.', p.',: U.i. dial another measure was proposed by die local l4Cgishiture in 1845 on the subject, but as it contain, n clause ordaining thai all sums ol* money payable by nny load Act in Sterling money, and nil contracts made in the Colony and then subsisting lor die payment of current money nt tho ralo of£ll 7s. 8d. thereof for£HW -sterling—it did receive Ibo assent of die Imperial ('ov- men(. The wriler adds, if this became law, this strange inconsistency would have enauetd, namely, thnt adelil,ol'£100 in Sierling money might hnve been discharged wilh British Gold _.. nnd Silvor coins of iho sterling value of- X96 Ss*. Id. In the year 1850 the subject, as lalodiu tho case, was again agitated, and upon Case prepared, by (he Legislature, the option ol the crowu Law officers of England wa* had upon it, in affirmance of the right of Iho Judges to be paid at tbe rate ot 4*. 2d. sterling to tho dollar. In die yoar 1857 wo find that the question *>as again raised sgninst the payment ofthe Govern ir's salary, which is granled by a local Act 18 A 19 Vic. Cap. 9, simply in "Sterling," passed'in 1855, reducing (hot dary from £3000 to £2000 sierling; Ihnt, according to the documents referred to in thn Judgment below, a case was drawn ap and submitte*. lo die then Crown Law Officer* of England for their'opinion, and they dixided that "at the date of this Aei there wu* in loreu a legal enactment living the legal valuo of thu Sovereign—in oilier wonts, of Iho pound' Sterling—at £14*. currency. Tin's enacf- 'originally lem-xii-Mry, halt been eontinuoil Sterling British mone; and the Jodges^Sttlarles are expressly stated the Charter as * Sterling Siooey." What was the right of Appeal from the uircuiis to die Supreme Court is stated in claims above £5fi Sierling, and the tame right to the Judicial committee is nlso in Sterling while actions in which the evidence is to be . token by the Cleik.on Cireiit ar* montionedlond rendered permanent before the nppoim ay»an<* « Sterling,"] ment of the present Gofe: It must we think be taken as furnishing the measure of
Object Description
Title | The Record, 1862-08-23, vol. 02, no. 45 |
Date | 1862-08-23 |
Description | The Record, 1862-08-23, vol. 02, no. 45 |
Type | Text |
Resource Type | Newspaper |
Format | Image/jpeg; Application/pdf |
Language | eng |
Collection | Centre for Newfoundland Studies - Digitized Newspapers |
Sponsor | Centre for Newfoundland Studies |
Source | Paper text held in the Centre for Newfoundland Studies |
Repository | Memorial University of Newfoundland. Libraries. Centre for Newfoundland Studies |
PDF File | (7.05MB) -- http://collections.mun.ca/PDFs/cns_news/TheRecord18620823vol02no45.pdf |
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Title | Cover |
Description | The Record, 1862-08-23, vol. 02, no. 45 |
PDF File | (7.05MB) -- http://collections.mun.ca/PDFs/cns_news/TheRecord18620823vol02no45.pdf |
Transcript | / VOL. IL 1\T0. 45. ST. JOHN'S, NEWFOUNDl^D, SA^RDAY, AUGUST 28, 1862. — PRICE SIXPENCE. €1je ftccotir Published overv Saturday morning by Ihe Proprietor, BERNARD DUFFY, ,i« Gie."reaxL .'Bl-s-rix-o OrricK, .Duckworth St. (Dn Sale. PROVISIONS 1! OX SALS BY JOHN TAREHAN, i"*,/^ *•""-, TJAlaRELS No. 1 Canada Super oi 11U 15 line F L 0 li tt-for toUiily use -.'.,,. Dilto'Extra New York dill, l..,I Pitto Middling ditto l"o Dilto Corn Moat 1,„. Bags Horse Feed SOO Dilto Bread—No 1 k 2 CO Firkins cboieu l'.utter 100 Ili-reU Prioio Mess Pork 100 Dilto Mess ditto ;. . !!..*s"s*-je*li Crocker* Sit Ditto Butter diltto ■•'.' Barrel. Pilot Bread .." lioxes liingcr Snip* 0 .n Hoies Morrill"* Mould Candle-s— 6's & S lo. Diilo Paris f* Hales Soap •io 11.If botes Tee -..I I lore n HraionM 21 Dos«n Buckets I" Dilto Chair-- -In;!" and double lucks I li -, U.siu; ml .-iirain- hair* io Barreti Nut* 1 Frail Dai.* also, loo Tierces l'ORTF.R ■lei l'on. Iligh-prool St. dago RUM. Notices. faro 3ittcJtigcitct. JUDGF. LITTLE'S JUDGMENT In appeal cast of Robinson vs. the Crown, July 26,1862. This cose comes before this Court by appeal from tho judgment of the Ceniral Circuit Court, and having been argued upon the editions tiled by tbo plaintiff as the appellant the decision of iho Chief Justice, as the presiding Judge of the Court, it becomes his duty and mino from necessity, owing to the "ution of Ihis Court, to review that deci- Although I havo no direct interest in this action, 1 should have been pleased, for the is publicly mentioned by me on pre occasions to have been relieved from taking a part in the consideration of the case hut as that could not be legally, I have given the subject my anxious attention, with a view of forming as far as I am able, an impartial judgment upon iL In the Court bcloiy, iho plaintiff claimed! from the defendant a sum of £37 Ids. sterling, being a balance which he alleged was due on his official salary as a Judge or Ihis Court. The ground ,,i tlii* claim as stated in the special ense, is that his salary being granted in Sterling money, and Sterling money being now by local enactment declared to be equivalent to dollars at tlie rote uf £120 cur-! rency for every £100 Sterling, ho therefore is entitled to be paid 050 sovereign* per annum or if in dollni.*, lo be paid nl the rato of sis. 2d Sterling for each dollar. Tho defendant colluded that he is oaly entitled to £115 7s. 8d rrency for every £ll'0 Sterling, or 625 vereigns, nnd having been paid at this rate at no balance was due to him. Tho ques- ,n nt issue depends upon the interpretation or di-- two Act* ,.f lha Legislature ol this Colony, tho 18 & li) Vic., Cap. 8, Sec, 1 grant ing Iho sum of £650 jtg. per annum, its die salary to die A>si.-tnni .ludt-'e of this Court, and the 19 Vic., Cap. 11, defining (he lega value of British coins ia this colony. The ap pcllsnt lias excepted (o (he judgment below because among (lie oilier grounds, it proceeds upon uxt assumed usage or local custom to liquidate a sterling debt by the payment of £115 7s. 8d. currency or in dollars 4,1. Sterling each, tho existence of which THE CATHOLIC ART UNION, M'I'EBIOR AI.T.U. PIECES IlKI.MilOVti EXORATIMCUt. .UlilujcT.—lA.ailf* DlllV, J, TfCKETS-OXE SH1LLIXG EACH. The main object of the itholic Art Union is siqi.-1-scilo die vul'.ir and grotesque prints, n rained r.-li '.,,a< .ti-raving*, which hove .a long . joved an unhealthy popularity in this country. ... diil'iising nuungsl die people engravings in which un- highest "cuius shall be made subservient to the inicreit* of Socrcd Art. Tke following splendid worki of Art are the THE C1.UCIF1XION*. THK IMMACULATE CONCEPTION. ST. JOSEPH AND THK REDF.EMER. Sire of each Painting, five fret by three focttix iache*.in magnificent Gilt Frame*. The Drawing of Prize* will take place in Dub- " ,n tho -JCth December, 1st;2. » .Two Hundred Gaineas. to the chance or obtaining ono ofthe eoch *abscribcr, wben taking o e-eive the follow in - three splendidly Ul'CM'lXION.by Overbook. MM U'Ui.ATK CONCEPTION. oEPU ANDTHK INFANT SAVIOUR- teol eoch Engraving, I©* 12 inches. V„H,e Seven ShMlntrs nn-1 Six Pence!! Ticket* to be hod at Dl-fi-v'« Boor Stobb Sl Ji.hu'*, Newfoundland. Feb. 1. admitted hy llie special cose, but negatived by the facts slated therein *, lhat the language ol" these .Vets is definite and clear and no suck usage, if it did exist in fact, can in law be admitted to contradict llmt language or curtail its legal meaning-that if tucli usage had n legal existence at one lime, it was altered by the Acts fixing the legal vnlucof the sovereign; in olhcr words, or lhc pound sterling nt 21*. cur-' rency ; nnd lastly, even if sueh usage exists j he is entitled to judgment, because no tender , or twivment or liis salary in dollars al any pursuant lo such alleged usage TO BE MFFLED, . alii-riiificiiit Edition of the CYCLOPEDIA; UNIVERSAL DICTIONARY, Of Arts, Sciences, and Literature, By ABB.UI.1.H BEES, Tt. D., dec, *c Klcgantly bound in hair Calf—15 Volui Illustrated wilh Nununus Steel Engravings by the most Distinguished Artists. 120 Tickets at 5s. Each!!! The above Copy was published at £50 A Kit i« now open nt Durrr's Book Store, JOSEPH ENGLISH, Tailor and Clotltier, Begs leave to inform bis friends andrthe pnb- ".c that he h Co5.'"5 April 6. POSTAGE STAMPS hy making application at the during oifico hours (except the JOHN DELANET, Acting P. M. G. J. W. JACKSON, CLOCK AND WATCH MAKER, WATER STREET. A. & R, BLACKWOOD, H-alr Pre*iit* quad Pei*V*asii n, WATER S-TREET. Ry the Royal Charter for establishing the Supreme and Circuit Courts of Newfoundland, issued hy His Majesty King Gcorgo the Fourth, in pursuance ot the Imperial .Statue 5, Geo. 4, Cap. 07, usually rallctl (he Judica- Ac(, (lie .salaries are thus granted to the ttt, that is lo say, to " Our said Chief je, a salary of £1200, sterling money by the year, and each of our Assistant Judges a salary of £700 like sterling money by the year. And our Governor or Acting liovcr- nor for the time being of our said Colony is hereby directed nnd required to cause such salary to be paid io die said Chief Judge and Assistant Judges, out of the Revenue of lhc ! £6,550 said Colony, by four quarterly payment, all the four mo.-t u-ual dav* uf payment in (he! year." Under die Imperial Act 2t& 8 Wm.! the -tth, cap. 78 die sum of £6550 was re-j served out of the duties levied within die Co-; lony by nn Act or Parliament for die payment of the Salaries of ihe Governor, the Judges of this Court and two other principal officials of i the local government, with power to (tic Crown I ilh lhc consent or the local Legislature, to real so much of this Act as relates to Ihe application of that sum, in cose the Legislature should make an adequate provision for these officers. Iu 1843 Ibe local Legislature, finding that the duties paid under the Imperial Acts had fallen short of that sum, made the aggregate amount payable out of the proceeds ol all d"'.ies levied in this Colony, by any act of Parliament or of the local Legislature. By the local Act 18 cfe 19 Vie. cap. 8 pasaod ia 1855, providing for the reduction ot tho Salaries of tlie Principle Officers of Ibe Govern ment, " ihe following yearly allowances in Sterling money" are granted "unto any per-l son who shall herealler bo appointed Chief Justice of Her Majesty's Supreme Court of] this Island the sum of £850. To any person who shall hereafter be appointed Assistant or Puisne Judges of the taid Court the sum of £M0." The preamble to Ibe 4th section, referring to the Judges, recites the charter anc several Imperial Acts on the subject, nm slates "whereas it is expedient for the public interest Ihnt the said respective salaries shout. bo reduced and limited to tbe respective amount* stilted in the first section notwithstanding anything contained in the charter or the said Acts, and the 5th section repeal* the Act of 1843 so far ai it relates to the Salaries of the Judges and other Officers therein nnmed upon their becoming vacant." On the 3rd o | July 1858 the appellant was appointed to the office of Assistant Judge by the Govern afterward* confirmed by a commlssioi under a mandamus from Her Majesty. The salary attached to the office taken by die appellant being thus 'seduced from £700 Sterling moi*y lo £650 "Sterling money, we have to determine the legal meaning ol tbe term " Sterling" as thus used in the charter and in tha loud Act in relation io this claim Mow in tho year 1854, 17 Vic. Cap. 5, an Act waa passed by the local la-triikuare, snaking the gold coin of tbe United Kingdorh, called a Sovereign of foil weight and fineness, a legal tender in discharge of currency debtl, at the rale of £1 4a currency. In 1856 by another Act (19 Vic Cap. 10) that Act was continued! for a limited period, and it was thereby provided, " Tbat nothing contained in ihi* Act shell affect contracts payable rn Sterling money entered into before the passing of the laic in part recited Act and before the passing o (his Act." At ths same time a permanem Act was passed (19 Vic Cap. II) for esiab- liabing the legal value of certain British and other coin* in (hit Colony. Tbo tin* aociion a-uacts that, the British sovereign of tbo weigh and finone.** now or -H-realter to be fixed by tho law of the United Kingdom or Great Britain and Ireland, shall be equal tofBtSJa legnl tender for one pound four shillings! of the present current monoy of this Colony \ and »ec 7 is, that all British Silver Coin! not herein enumerated and now in circulation shall be a legal tender for sums nol exceeding two pound. and ten shilling*, nt six shilling* for. tin crown piece, three shillings for the half crowo and all other British Silver Coins nfter the tame rato as the sovereign ia the same propor- as such respective coins bear thereto. The ri section slates "And whereas by this Act pound or British Sterling money is tiercaf- lo ho reprcsenled by one pound four shillings currency "necca-ding (o (he respective rales or value of the several coins hereinbefore mentioned, and at which thcy are by this Act fixed and determined, nnd lo be hereafter a Legal Tender; and whereas there exists Leases, Bonds, Debonturss and other monetary obligations voluntarily entered into by the panic* thereto previous to the passing ol llit* Act, reserving Rents and otber monies, pnyn- able in and setting forth dint the payment* therein expressed lo bo made shall bo payable in sterling or sterling money of Grea( Britain -, and it therefore becomes necessary lo declare that tho provisions of this act nro not intended in any iv-.iy or manner to affect Leases, Bonds, Debcntin-cs, or other monetary obligations; Be it therefore enacted and declared, llmt nothing in this act contained shall extend o be construed to extend to affect any Least Bond, Debenture or other monctnry-obligii (ion made and entered inlo before the passin of this Act, wherein lhc Rent reserved, o money payable thereunder is expressed to b payable ia sterling or sterling money of Great Britain ; but tho same shall be and subject to the same legal interprelnti construction in every respect as the would by Law bavo been subject to, provided Ihis Act hod never been made, anything herein contained to tho contrary notwithstanding." The judgment below correctly states that die words " Sterling money," in their primary, ordinary and popular meaning, signily -t rim_• or Great Britain or lawful English money, in'other words the current coin of die jnlm according to .-the truo standard. In ansdown vs. Lnnsdown, 2 Bligh, Oi, it is said hen die word ** Sierling" or lavvlul money ol (iivnl Britain or some word* equivalent hove been used, English money or currency is in general meant. This interpretation has been acknowledged by tho Crown to be correct heretofore as applied to the salaries uf the Judges for the fact is admitted in (he special cose tint! from die time of llie appointment or (lie first Judges und'-r the Charter (1821) un- jitil Juno 1813, thcy were paid their snlari,- for tliu most pari in British Gold and Silver coin* nt pur, bul occasionally in currency ul equivalent rules by consent or the Judges.— Thnt Trom 1813 up to the np-ioiiitmonl ol (he tq.pellaitl in lrt.'iS. they were paid in dollars at iho rate of 4s. 2eL sterling to tha dollar. As a part ol the salaries reserved under the 2 et 3 Wm. 4, cap. 78, out or the Revenue raised in (liis colony under Imperial Acls, tliey have formed under the tide ol'" Reserved Salaries,' a special charge imposed on die Colony hy llie Royal Charter, and litis Act ofthe Imperial Parliament. Nor do I find any, express repeal of die 2 4 3 Wm. 4, Cap. 78, toincd, in order lo seek for tbe meaning of] substituted nisi is contained in tho subsequent' meant by sterling in 1824 when these laws such covennnls in direel opposition to (heir [ Ac(s in the existing Revenue Act orihis Island' —— express terms." In.depcndunlly of this deci- —"Tlmtnll suras or money granted or imposed ■*™i, which is important for moro man one | cidraTajduaies.penaliies.forfeilurcsorolherwise wn on (ho present occasion, ns I shall | by litis or miy olhcr Actor Acts or tho Genera! iathioir, we have the fact 6tn(ed in (he special Assembly of thit Island shnll be deemed and case, that in tho local Revenue Acls (he duties are hereby declifrcd lo he Sterling Money of | imposed expressly in "Sterling Money of: Great Britain,' and shall be received,'lakcn Great Britain" have-been collcclcd in dollars and paid in 6uch sierling monoy, or in foreign the rate of 4s. 4d. sterling tb iho dollar;] coins al such rates as they, nre now received passed, would I presume, ba the s dny, unless there bus been since a legal alteration of tho standard nf value, though the currency value of the sterling may have varied. ■*" Wc have no rule of Court upon this subject. | Upon tho argument it was not denied that ' since lhc currency Act pos.scd, the verdicts have been rendered by the Jury nnd received hnvo (he no Ics* important fact admitted thnt from (lie year 1813 to 1849 the Light Dues imposed by (separate Acls of tlie Legislature in " Sterling" were paid in dollars at 4s. 2d. sterling each, or"£120 currency lor £100 sterling. In (he Jildiealure Act nnd Royal Charter "Sierling Briiish Money" i* only once mentioned, nnd din! in the 12lh sec- lion of the former, wliich directs the Judges in die Circuit Courts in cases where the sum sought is £50 " Sterling British money" to hare tlie evidence taken in writing; while '""'the 12tb section, giving'tho right of nppe.il the Supremo Court from decision* of tlie ircuit Court in notions where the sun: ,ng!if the same, it simply says iloO '• Sterling.' he 16th seciior, gives the right of arrest or tni'hment when tlie amount sought shnll cx- tcd £10 "Sierling money." Tho Charter ntcs the Judges' salary to b'e in " Sterling money," and in giving the rignt of appeal lo parties from the cleciiaions of lliis Court lo the Judicial Committee oflhe Privy Council in certain c!isc=. die words arc nbovc the amount ol £500 sterling." Shall we (hen give a dllTt-r- conslrnction (o nny of Ihese terms, or does ot seem quite elcnr (bnt (hey nre indiffer- cntly uscd-lo convey (he same meaning? 1 cannot perceive the force of the distinction inde by tlie Chief Jusiice on (he argiimcn*. iat hu is cntilled to be paid at the rale ol s. 2d. .sterling to the dollar under the words in Ihe Charier, " Sterling money" or simply " pouuiU" used in tho 2 et 3 Wm. 4, Cup. 78 while the nppellnnt, whose (salary is sccurec under Ihe samo authority nnd a local act, using the same terms as die Charter, is to be paid nt the rate of 4s. Id, sterling lo the dollar- It nppcars to me they stand on tbe same footing. Thcy both received Iheir appointments from tho Queen, and tbe form of appointment ii identical in both eases. Thus ir 5 Comyns' Digest 14C. it is said "if Ihe obli gntion liu* made in England for payment in Ireland, nnd the money is enhanced there only, payment in the enhanced money ismtli- cient, for the time nnd place of payment shall be principally regarded." As to the Irish cases cited ih the judgment below, I do not thiiiw tli"V apply to the fuels presented for our material mailers not in evielcnce, nor admitted by the parties. Thcy may accord with (he doctrine Inid down in Divi.-s R-p. IS, 3 Brugc 725, thnt in the case of mixed monies in Ireland the decision established the validity ot Stoluto authorised the lagi-lntiire, with die sanction ot die Crown, to repeal so much of reinles lo the appropriation or the case other nmple provision were made for the payment of die said reserved The local Act 18 & 19 Vic, Cup. 8 only purports Io make n reduction or thestn ted sums allowed lo each otficud without ex pressly altering llie nature or the money ii hich they were payable, but in the 4th Scc- oa reciting tlie words " Sterling used in die Royal Charter, aad in granting the salaries in ihese identical It wns conceded upon the nrgumenL that if theso terms were used in a Statute ol' the Imperial PnrliamenL there would be no doubt of their meaning lawful money of the realm. Then are we to construe them ns used in lhc Royal Charter and Judicature Act one way, nnd the same words as used in nn lending Colonial Statute to the same subject another sense ? In Cottcrnll vs. Cotterall 9 Joqr. 951 it was decided that " an Act of a Colonial Legislature where English law prevails is governed bv the some rules of construction as prevail in England respecting Statutes in pari materia, and English null: .rides upon an Act are authorities for Ihe interpretation of a Colonial Act in pari materia." Again, if the soma words occur in different parts of a statute or will they must be takcu to liave been everywhere used in tho same sense. Dwarris on Stal. 544. It is also said there would be no difficulty in tbe case, if « Sterling Money of Great Britain" had been used in (he local Act. Bot in lhc coso of Duns- comh A Beck, Select Cases of Newfoundland 539, decided in 1827 in this Court by three presiding Judges, which was an actio covenant to recover £116 19s. sterling for balance of rent reserved in three leases, vis. in two of ihem the rent was reserved in " lawful money of Great Britain," and in the third in ■ Sterling money," a special jury returned special verdict for the nmountT subject lo ill opinion or tbe Court as to the Defendant's lit ■ The plaintiffs found their action upon venanu entered into by Defendant under tbe leases produced st the trial lo pay the reserved in lawftil money of Great Bi and in Sterling money—terms which are stoo- tnoos and have tho like meaning. In order to discharge himself from the liability to pa/ the rent in the express terms of the contract, die Defendant contends that at the perioc" " these leases were entered Into, as well fore and for some time oiOwrwiirds, dollars wero considered as fire shillings sterling and so re- eeived by Ihe plaintiffs in payment of these rents, and the jury by the terras of their diet havo so found ibis fact But this am doe* not ipptasxto me to be one that can avail the deli-rr-daafjp the present action. I mutt' construe to tfis defendant's covenants, under 'whieh arises his llahilitr to pay the plaintiff's demand, according to the known and eslalwj tished rules of Law* and those rules *-rilTJ not allow mo to takrj into my consideration foreign to and not making part of the " in which the for lawful money ot England, or Ihey might be quit* consistent with tho .tide or the Irisl currency before die passing af die I*. George 4 cap. 79, abolishing nil dLsiine-iinn between die citrrency of England- nnd Ireland. Before then, il appears by 2 llligb 70, tliere was no any lavvlul money of Ireland, excepting copper nppropriuied to dint country ; tlicrtv was neither gold nor silver of legal currency— " a was no .such ihing ns Irish 1 Irish currency*. Chilly on Bills is quite clear from tlie case* cited, a 2 II. Aid. 3UI, that there existed an estnb- lishe.l well knoif.ii nnd generally rvi-ogniseJ ilifl'ereneMS o! a thirteenth lieieveen Irish mnl I'.'it-Iish c-urr.-ncy : und .1 it ei.nlrtiet wa* mad, in Ireland in sterling wilh reference to tin only recog'ii-t.l standard of value in thnt coun try, when tliere was no difference between iti currency uu.l iu sterling, mid no -statute oi Rival Charter or Proclamation as in litis co locy, applying thi* terra to the Imperial standard ot lawful money of Grent Britain, "' would have been very unreasonable mid co trary to common sense and justice to have held that such a contract could only be discharged in tho moro vnluublo currency o! England. Now sut to the currency Act*, it appears to me, the effect or them was io sclde our currency upon a legnl nnd defined basis. Before ihey were passed, (hero wa, no local statute. '-- in force here defining what coins should legal tender in currency. Tlie .scarcity ot dollars, which bii been llu: former circulating medium, obliged die Legislature to ndopt for the first time the gold coins ot England and other countries as the basis of the circulation in the monetary nfliurs of the Colony. From the documents to which reference was made on the argument and by the Chief Justice in die Judgment below.boitig a Letter or ihe 19th January, 1859 to the Governor from myscirin relation io this subject, and reforring lo his own claim to be paid al the rato of Sterling claimed by the appellant as well as the case prepnred by me In 1857 oi iho then Attorney General, and iho opinion of the crown law officers or England iherco which I annex for more accurate reference, it ovident that the sovereign fluctuated in v luc Irom 23s. Id. currency to 24s. cutfency the trade before Ihe passing of the Act*. Bi thi* case, I regard the sovereign and the pound Sierling money as convertible terms, nnd in the investigation I have nol been able io ascertain any good grounds for a distinction in point of law between them. Permit mo to ask, whence die necessity of the excepting clause in the 10th section of tho Permanent Currency Act t.nd in the temporary Act or 1850, ir the operation of diete Acts woi not calculated to introduce a standard lhat might interfere with some obligations catered into under a different system of currency Iron that e*tablished by them. Parlies so situated were properly left, to thoir rights, whatever (hey were, before tha enactments passcd.- The idea pervading these exception* was i doubt that tbere were contract* entered in in times pasted cither in ''Starling" i "Sterling money or Great Britain" wben tbo l'ioc-la:...iiii!ii.a_,f 1825 was in forco, or after I lil e\| In J,*qnd the same mettle ot rating Wl ■, tin.ml between parties, that ought not to I alTected by the new law. Reverting to the local Revenue Acts, it ii retnnrknblo circumstance lhal in the lirsl A. passed by ihe Legislature in 1833, as well a* — the succeeding Revenue Acls passed yearly lil 1843, the duties and monies gnuited thereunder, mr declared to be in "Slerlint money of Great Britain." In tbe seconc' session of that year tbo fallowing clai payment of Colonial Dulics in this Island. If British money were tendered under thn clnusc ns it stood from, 1833 to 1843, it ii clear, I think, thnt a sovereign emild only legally be accepted for each pound of duties so imposed in '* Sierling money or grent Britain.' The same observation applies lo payments in British Coins under die subsequent Revenue Acts. But under the latter, foreign coins would be a legal tender for nny of tlio purposes specified in these Acts nt the rate Ihey were, received in payment of Colonial duties. Tlie 'distinction is important, but neither ohauoc cstobKshea the currency value ot Ihe Sterling or the foriugn coins, nor stipulates how much currency shnll pay a sterling debt oi" nny nmounL I shall new consider the question of usage and endeavour to ascertain first, is there boon: us sufficient evidence or nny legftl usage tpon the subject; nnd secondly, what is ' " xact nut ure and effect of the usage sougli be established. I find no specific statemen the special case of (he usage relied on in the judgment. The lerai is only once mentioned aad thai in reference to the opinion of Sir John Romilly nnd SirAlcxander E.Cockburn inl850 to Ihe effecl.that as the Judges' salaries-were reserved in sterling British money, such salaries ir fixed in foreign coin should be paid accord- dt* legal Sterling vnlue or such foreign snd not according to any conventions value, wliich the hitter may by local l that Her Majesty's Froclomnti having fixed the legal value of the dollar . 2d., its ascertained real value ; that such be taken to be its real value with refer- to the payment of salaries reserved by Statute ia Sterling money, nnd thai the salaric in question if paid in dollars must bo taken n 4s. 2d." The only stated facts on whicli tti usago could iirise are, dm', tinder the local Revenue Acts, the Customs duties were imposed in pounds without staling in currency or sterling, but providing in a separate clause, whicli 1 have already given in extense, lluii (hey should be paid in Sterling money of Great Britain, or in foreign coins at sue! rate as at the time being they were receive-] in payment of Colonial duties; and that jn foct thcy were pniet nt the rate of 4*. 4d. sterling (o (ho dollar, while the ligi.t dues iinpo.sce sterling were paid nt the rate ot -Is. 2d. slg the dollar, or £100 sterling to the £115 7s. S I. currency. It cannot bo legally contended I presume, dial the usage can rest upon this stntiilnble rcqiiiremcnls, as (he ditties tvero expressly required (a lie paid in '• Sleiling money of Great I Jlrimin," lor no one entertains a doubt nhou the meaning of these words, and Act of Parliament cam Gristing V*. Wood, Cro Elizabeth 85. If-paid in sierling coin, as I before re- marijiiifl, n sovereign, which is 2 Is. currency, and tipl merely so much (hereof as would make 23*. Id. currency, could only lis: legally received lor a [round sterling. The receipt ol dollars however at 4*. 4J. sterling is —' the strong point ot the ease.' Mut it to me lo prove loo much for Ihiese itlio adduce i( in sup|K)rt of lha proposition Ib.it : ■bt [.livable, in Sterling enn be <|ischarged in dollars nt 4s. 4d. sterling each, nn.l who co- tend for a diit'eri'iicu between such n debt ni ,an.- [ttyabl, in Sterling money uf Great Bi lain, for die debt under die Revenue Acts was ie,'. payable in sterling, bul sierling money o Great Britain. Taking thei broad foct, however, o." the payment of those duties in dollars at dint rale, how enn its consistency he upheld in die foce or the foci of the Ligi.t dues imposed under local Acts in "Sterling" be-in-, paid at -ts. 2J. 6terling lo tho dollar ? The latter Is a case more nniilagoiis lo that under e-finsiili-mlio!. Ihan tho former. There is here. shewn to bo an absence of (hat uniformity of pracdeo which is so essential in law to the dstence ofn legal usage. The only olhcr statement in the special ens. i lhc point is, thai iho General Act* of Le gislotivo npproprintion wero in " pounds' (.'.-lie-rally, and were alwnys discharged in cur rency, equal to dollars nt 4s. 4*1. Sterling. I appear- that there is an error in Ihe first part " this statement, nnd that some of the appro- -iiilions"were in Sterling. The Judgment of ie Lour; below, however, without any correc- on. by the consent of .tlio 'jfirties npplies ihe same conclusion at lo the rule nt wlticli thes. appropriations so worded were paid, ai lhat which Ihe parties ndmit only with reference to tho acls worded in pounds simply. I do nol ihir.k lli.it conclusion was incorrecrin reality— assume il* accuracy, as it wns not de- n die argument. It certainly goes to tupport the proposition thai Iho gcn»rul «p- ptoprii lions of Iho Legislaluro aver* paid at tho Treasury at the rate of £115 7 8 for every £100 so granted, or equal lo dollars at 4s. 4d. Sterling. Buttheclnusu in the Revenue Acls since 1848 nlrendy reforrcd to, eoprc.vly refers to sums or money granled by nny Acls ot (he General Assembly and liaviug a genera operation over all or them ; die observations 1 made on k before, therefor*, n*pply here in ihe samo way—And there is still no evidence o a gencrnlecustom in die Colony upon Ihe poin(, supposing such could hnve tbe effect of law under the circumstances or this case, whicli 1 do not pretend to assert. Nor is dn-ro any uniform practice shewn to havo been observed by th* Government, for we find a deviation from it in ihe collection of the light dues and the payment of the £6550 Reserved Salaries. Now the practice of this Court has been referred to, in support of tho ReifJIondcnt. That practice rosto upon the Royal charter**! and the Judicature Act, by the authority o! which this Court bos been coniilitated. I have already (hewn that in them the term " Sterling" and u Sterling British money" are indifferently nscd—that the amount above whieh a of 4s. 4d.. sterling to tho dollar. tvns, T believe, Iho rate at which the currency claims coming before the Courts were treated in making Judgments nndlsueiiig out execution.*. But this does not prove how "Sterling" claims—and this is a sterling not' tticurrency debt—were tre-Ked, and the dcci- , sion in this Court on this point as reported in the select cose*, while they negative the usage set up.nt onciitoc to value the dollar at M. in discharge of a sterling dc hi. do not .support^ the usage contended for here, nor prove die. existence of a local standing rate, independently of thu real sterling- rate. l*hero can be no doubt, however, that at one time 4s. 4d. stcri- lcga! rale ofthe dollar", for in the year 1825, the Governor of this Island issued a Proclamation, in accordance with an order oftbo Kingjn Council ** That a tender nnd payment of Briiish Silver money to the amount of 4s. Id. should be considered as equivalent to the tender or payment of one Spanish doltar, proportion for any greater or less amount of debt" • • that British silver and copper money " lie issued at its nominnl te for ihe payment of his Majesty's troops," id further "to declare that as the Spanish dollar is current as equivalent to 5s. of money uf account, therefore thnt seventeeu shillings and four pence British silver and copper money is hereafter to be deemed nnd taken as - being equal in value to one pound of money of account in this Island and its dependencies." This Proclainntion is, I doubt not, the foundation ofthe usage alleged in th'n case, for in Dunscombe vs. .Beck, tried in 1827, we find the dollar had before then passed at 5s. sterling. The rate of llie dollar at 4s. 4d. therefore rested not on usage, but on die Prerogative or the Crown as exercised and embodied Ihis Proclamation, unlil the onler uf thu King was rescinded hy order of lier "Majesty In Council, on the 7th of Septomber, 1838. The object of the first order was to put Briiish silver money in circulation in the the circulation of Spanish, dollars is subject." Briti-li and foreign silver wss , made for a limo the ilandurd eirevtinting ium at the relative rates s|ie"fitled. Bulit afterwards nscertnined thnt the measure did not bring British silver inlo Colonial circulation, because, as it is said in a Treatise entitled " Tlio currency pt^jjio British colonies, p. 39—a* the value ol Is.-Id. in *ierling money ' 4 per cent, mure than the value ol a dollar ... sterling money, nnd more thun 8 per cent, above the sterling vnlue of the l-16th of a doubloon, die current circulation ol tlie doubloon, the dollar and Briiish silver was rendered impracticable j" and in page 845 it states, the ertpi and imperfection of the measure of 1825, then, were two-fold, first, Iho overvaluation of (he dollar in sleiling money— second, lhc omission of nil notice of gold coins. Although there were orders of the Queen in Council, fixing the sterling vnlue of tlio dollar al Is. 2d. sierling in 1838, nfter die repeal of die General order of I823jrret no <-xpress order on the subject wa* |,:is*,/l in relation to this Colony until 1SI3, when-Jlte Colle-torof Cut- —is in St. John's ns tho\:.i3e states, received :, fixing die viituo of (he dollar for receipt* nnd payments in lhat Department nt 4s. 2d. sterling. Tho Inlperial Act 8 and 'J Vic. Cap. 93. Sec 17, passed in 1843, for regulating tho Trade ot" the British Possessions abroad enacted. That nil sums o! money graatcd or payable under this Act as Duties. Penalties', or For- ■ I'oitures io the Briii-I. Possessions in America, or tho Mauritius, shall be deemed and aro hereby declared to be sterling.money of Great Britain, nnd shall be colleclcd, recovered, nnd paid to lb? amount of die vnlue wliich such nominal sums bear in Great Britain, nnd such money may be received and taken in sterling monoy or Grcnt Britain, or in Foreign Coins at such rates ns shall be equivalent to sterling money ol Great Britain, and which shall have been fixed by any Proclnmnlion issued by Her Majesty." This was in form unlit the .pealing Act passed by Ihe local .Legislature 1849 came iuto operation. Bul il appears _/ an Act oC-the local Legislature, 2 Vic Cap. 9, passed in October 1838, I ptesuuio in consequence of (be repeal of die Pi-oclnraniion of 1823, dint it wns attempted to continue, the dollar iu ec-ciilatien as a legnl lander nt thu qf 4s. 4d. sterling. T/he Act, howovcr, ;r went iuto oporation, a» it was disallowed hy her Mnjcsly, it also nppenrs in (he Colonial currencyTrciiii*.', p.',: U.i. dial another measure was proposed by die local l4Cgishiture in 1845 on the subject, but as it contain, n clause ordaining thai all sums ol* money payable by nny load Act in Sterling money, and nil contracts made in the Colony and then subsisting lor die payment of current money nt tho ralo of£ll 7s. 8d. thereof for£HW -sterling—it did receive Ibo assent of die Imperial ('ov- men(. The wriler adds, if this became law, this strange inconsistency would have enauetd, namely, thnt adelil,ol'£100 in Sierling money might hnve been discharged wilh British Gold _.. nnd Silvor coins of iho sterling value of- X96 Ss*. Id. In the year 1850 the subject, as lalodiu tho case, was again agitated, and upon Case prepared, by (he Legislature, the option ol the crowu Law officers of England wa* had upon it, in affirmance of the right of Iho Judges to be paid at tbe rate ot 4*. 2d. sterling to tho dollar. In die yoar 1857 wo find that the question *>as again raised sgninst the payment ofthe Govern ir's salary, which is granled by a local Act 18 A 19 Vic. Cap. 9, simply in "Sterling," passed'in 1855, reducing (hot dary from £3000 to £2000 sierling; Ihnt, according to the documents referred to in thn Judgment below, a case was drawn ap and submitte*. lo die then Crown Law Officer* of England for their'opinion, and they dixided that "at the date of this Aei there wu* in loreu a legal enactment living the legal valuo of thu Sovereign—in oilier wonts, of Iho pound' Sterling—at £14*. currency. Tin's enacf- 'originally lem-xii-Mry, halt been eontinuoil Sterling British mone; and the Jodges^Sttlarles are expressly stated the Charter as * Sterling Siooey." What was the right of Appeal from the uircuiis to die Supreme Court is stated in claims above £5fi Sierling, and the tame right to the Judicial committee is nlso in Sterling while actions in which the evidence is to be . token by the Cleik.on Cireiit ar* montionedlond rendered permanent before the nppoim ay»an<* « Sterling,"] ment of the present Gofe: It must we think be taken as furnishing the measure of |