The SS Daisy Legal History Committee is a committee of the Law Society of Newfoundland and Labrador whose mandate is the preservation of Newfoundland and Labrador’s legal heritage, including the history of law, the courts, the lawyers and the Law Society. The name of the committee is taken from the government boat SS Daisy that carried lawyers, judges, sheriffs and clerks to the courts in smaller communities in pre-1949 Newfoundland.
The SS Daisy Legal History Committee works to date include taping and transcribing oral histories of senior members of the Bench and Bar, preserving the Barrister’s Roll which dates from 1826, and publishing the last volume of the Newfoundland Law Reports.
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These volumes trace the development of the rule of law in Newfoundland in the 17th and 18th century from the Western Charter and its antecedents through to the emergence of a Supreme Court of appellate and original inherent jurisdiction in 1792. They explain the evolution of the legal environment in which Newfoundland’s early Chief Justices worked and carried out their duties in interpreting and applying the law to the issues which litigants, high and low, brought before them. They also highlight the role played by the Law Officers of the Crown in advancing legal institutions in Newfoundland, a role previously either undervalued or overlooked.
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These volumes trace the development of the rule of law in Newfoundland in the 17th and 18th century from the Western Charter and its antecedents through to the emergence of a Supreme Court of appellate and original inherent jurisdiction in 1792. They explain the evolution of the legal environment in which Newfoundland’s early Chief Justices worked and carried out their duties in interpreting and applying the law to the issues which litigants, high and low, brought before them. They also highlight the role played by the Law Officers of the Crown in advancing legal institutions in Newfoundland, a role previously either undervalued or overlooked.
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It has often been said that the law is a jealous mistress, who demands of those who would succeed in it an earnest and entire devotion. The poet Emerson, however, makes the same claim for art, and admonishes that if a man has a genius for painting, poetry or music he makes an ill provider. This small anthology puts the lie to both aphorisms. Consider James Boswell, Leon Tolstoy, A.M. Klein, Frank Scott and others. All boast of two mistresses – the law and art. B & W and full colour illustrations throughout.
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The bicentenary of the establishment of Newfoundland’s supreme “court of civil jurisdiction” marks the emergence of a statutory regime from which the present Judicature Act, court system, jurisdiction, procedures, and officers have evolved. In light of the modest material, demographic, institutional and experiential base upon which the Act of 1791 was erected, the process of tailoring and adapting a system of law to new, often unforeseen, demands over 200 years marks a considerable achievement. This essay traces the emergence of the Act of 1791 from earliest times.
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