New Brunswick -- Description and travel; New Brunswick -- History
The Governor has a Council consisting of twelve Members, to assist him
in the discharge of the executive duties of his station. These with the
representatives from the different Counties constitute the Provincial
Legislature.
The principal Courts established in the Province are the following.--
The Court of Chancery, which is a Prerogative Court, as well as a Court
of Equity. The Lieutenant-Governor, or Commander-in-Chief is
Chancellor, and the Justices of the Supreme Court Assignees.
The Court of Governor and Council, for hearing and determining Causes
relating to Marriage and Divorce.
The Supreme Court of Judicature for the Province is held in
Fredericton. It consists of the Chief Justice and three Assistant
Judges. The Terms are the third Tuesday of February and May, and the
second Tuesday of July and October. The Jurisdiction of this Court is
very extensive, partaking of the power of the Courts of King's Bench,
Exchequer, Common Pleas, and other Courts in England. All civil causes
of importance and capital cases are determined in this Court. The
present Chief Justice SAUNDERS, who presides in this Court, the reader
will observe, was a Member of the first Council in the Province. He has
ever since been actively employed in the first stations in the country,
which he has filled with the greatest ability and integrity. He is the
only survivor capable of filling a public station among all those who
bore a share in the public concerns of the Province on its first
erection into a separate Government under Governor CARLETON. The salary
of the Chief Justice is L700 or L750 sterling. The other Justices have
each L500 sterling per annum. The Justices, besides attending the
Supreme Court at the Seat of Government, hold Circuit Courts in the
different Counties.
The Inferior Court of Common Pleas consists of two, three, or more
Justices, who preside occasionally. They are assisted by the
Magistrates of the County. Here civil causes that do not involve
property to a great amount are determined, as are also crimes and
misdemeanors not affecting life. The Grand Inquest of the County
attends this Court, when Bills of Indictment are found, which if
involving matters above its Jurisdiction, are handed over to the
Supreme Court for trial. Most of the Police of the Counties and
Parishes is regulated by this Court, which is held half-yearly or
quarterly in the several Counties, as the public business may require.
Here the parish officers are appointed, parish and county taxes
apportioned; the accounts from the different parishes audited;
retailers and innkeepers licensed and regulated, &c. In short, this
Court exercises in many respects the same powers in the several
Counties, in regard to their internal police, as those that are
exercised by the Mayor, Aldermen, and Commonalty of incorporated
Cities.
Besides these Courts there is a summary mode of recovering debts under
five pounds before a single Magistrate.
Public-domain text, read in full here on John Shaqi.
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