George the Third by the Grace of God of Great
Britain, France and Ireland King Defen-
der of the Faith and so forth
To all to whom these Presents shall come
or may in any wise concern -- Greeting:
KNOW YE, That for the due orderly con-
venient and speedy Administration of Jus-
tice to and amongst our loving Subjects
living and residing in the Western Part of
our Province of New Brunswick, We have
thought fit to constitute and ordain and we
do by these presents, for Us our Heirs and
Successors, erect and constitute into one
distinct and separate County, All that Tract
or District of Land situate in our said Pro-
vince, Bounded on the South by the Bay of
Fundy, on the West by the River Scoodiac
or St Croix and the Western Shore of the
Bay of Passamaquoddy including the Island
of Grandmanan, on the North by a Line
running due East from the Head or Source
of the said River Scoodiac, and on the East
by a due North Line from Point Lapro in
the said Bay of Fundy running into the
Country until it meets the Northern Bound-
ary Line aforesaid : And we do hereby
ordain, establish and declare that all and
singular the Lands and Waters comprised
within the Limits aforesaid shall forever
hereafter be, continue and remain a dis-
tinct and separate County, to be called,
known, and distinguished by the Name of
The County of Charlotte.
AND FURTHER KNOW YE,
that we, reposing
especial Trust and Confidence in the Ability
and Integrity of Thomas Wyer, Samuel
Spencer, and Jacob Buffington, Esquires,
have appointed, constituted and declared,
and do by these prevents appoint, constitute
and declare you, the said Thomas Wyer, to
be High Sheriff of the said County of Char-
lotte, and you, the said Samuel Spencer and
Jacob Buffington, to be Coroners of the said
County, hereby giving and granting to you,
the said Thomas Wyer, Samuel Spencer and
Jacob Buffington, respectively, full Power
and Authority to hold, exercise and enjoy the
said Office of Sheriff and of Coroners respect-
ively, in and throughout all and every the
Parts and Districts of the said County of
Charlotte until the feast of St. Michael
which will be in the year of our Lord One
thousand seven hundred and eighty Six, and
from thence until other fit persons shall be
appointed and sworn in to the said Offices,
respectively, and to do and execute all
things which to the said Offices of Sheriff
and Coroner of the said County doth, shall,
or may belong or appertain ; Also hereby
giving or granting to the said Thomas
Wyer, Samuel Spencer and Jacob Buffington,
respectively, the Several Fees, Perquisites
and Profits to the said respective Offices
belonging, or which shall or may thereunto
belong or in any wise appertain.
AND FURTHER KNOW YE, that we, reposing
full Trust and Confidence in the Learning,
Ability and Integrity of John Currie, Robert
Pagan, William Anstruther, Colin Campbell,
William Gallop, Jeremiah Pote, Samuel
Bliss, Moses Gerrish, Allan Stewart, Peter
Clinch, Nehimiah Marks, James Campbell,
Henry Goldsmith, Jacob Buffington, and
Samuel Fairlambe, Esquires, have assigned
and do by these presents assign you, the
said John Currie, Robert Pagan, William
Anstruther, Colin Campbell, William
Gallop, Jeremiah Pote, Samuel Bliss, Moses
Gerrish, Allan Stewart, Peter Clinch, Nehi-
miah Marks, James Campbell., Henry Gold-
smith, Jacob Buffington, and Samuel Fair-
lambe to be Justices of the said County of
Charlotte the peace of us our Heirs and
Successors within the said County and the
Limits and the Jurisdiction and Extent
thereof to keep, and that any two or more
of you, the said John Currie, Robert Pagan,
William Anstruther, Colin Campbell, Will-
iam Gallop, Jeremiah Pote, Samuel Bliss,
Moses Gerrish, Allan Stewart, Peter Clinch,
Nehimiah Marks, James Campbell, Henry
Goldsmith, Jacob Buffington and Samuel
Fairlambe, whereof we will that one of you,
the said John Currie, Robert Pagan, William
Anstruther, Colin Campbell, William Gallop,
Jeremiah Pote, Samuel Bliss, Moses Gerrish,
or Allan Stewart, be One, shall and may
hold and keep Two Courts of General
Sessions of the Peace in every year in and
for the said County, to begin at certain times
of the year, to wit on the first Tuesdays of
April and September, each of which Sessions
shall and may last, continue and be held
any time from the Days aforesaid, respec-
tively, not exceeding Five Days, as to the
Justices present shall seem necessary or con-
venient to finish the Business before them
in the said Sessions ; Hereby giving and
granting to you, the said John Currie,
Robert Pagan, William Anstruther, Colin
Campbell, William Gallop, Jeremiah Pote,
Samuel Bliss, Moses Gerrish, Allan Stewart,
Peter Clinch, Nehimiah Marks, James Camp-
bell, Henry Goldsmith, Jacob Buffington,
and Samuel Fairlambe or any two of you,
whereof we will that any one of you, the
said John Currie, Robert Pagan, William
Anstruther, Colin Campbell, William
Gallops [sic], Jeremiah Pote, Samuel Bliss, Moses
Gerrish or Allan Stewart, be one, in the said
court of General Sessions of the Peace full
Power and Authority to enquire of hear and
determine within the County aforesaid all
and all Manner of Felonies, Imprisonments,
Riots, Routs, Oppressions, Extortions, Fore-
stallings, Regratings, Trespasses, Offences, and
all and singular other evil Deeds and Offences
whatsoever within the County aforesaid
from time to time perpetrated, done, arising,
or happening, which to the Office of Justice
of the Peace are incumbent or do in any
manner belong or which hereafter shall
happen to belong or be incumbent or which
in any manner before the Justices of the
Peace at the Sessions of the Peace ought or
may be enquired into, heard and determined,
together with the corrections and punish-
ment thereof, and to do and execute all
other things within the County aforesaid
and the Liberties and Precints thereof as
fully, freely and entirely, and in as ample a
manner and form as Justices of the Peace of
us our Heirs and Successors anywhere with-
in that part of our Kingdom of Great
Britain called England by the Laws, Statutes
or Customs of England, or by any other
Legal Method whatsoever heretofore had or
exercised or hereafter to be had or exercised,
could, might or can do, and in as ample
Manner and Form as if the same had been
in these our Letters particularly and by
Special Words expressed, contained and
mentioned; And that you or either of you the
Said Justices of the Peace of Us, our Heirs
and Successors in the County aforesaid, may
have and exercise Jurisdiction in all Causes,
Matters and Things whatsoever, which to
Justices of the Peace of our Said County in
any Manner do or ought to belong. And
We do hereby direct, order and appoint the
aforesaid Sheriff and Coroners, and all other
officers of the Said County for the time
being, and they are and each of them is
hereby commanded authorized and fully
empowered to execute and return all and
every the Precepts and Commands of you
the said Justices, and either or any of you
from time to time and at all times here-
after as fully and effectually as any Sheriff
Minister or Officer of any County in that
part of our Kingdom of Great Britain called
England, the Warrants, Mandates or Com-
mands of any Justices of Peace there hath
used to make return or execute in any man-
ner whatsoever.
AND MOREOVER of our abundant Grace, cer-
tain Knowledge and mere Motion we
have willed, ordained and constituted John
Currie, Robert Pagan and William Ans-
truther, and reposing especial Trust and
Confidence in the Learning Ability and
integrity of you the said John Currie, Robert
Pagan and William Anstruther, do by these
presents for the due, orderly, convenient and
expeditious Administration of the Justice to
and amongst our said loving Subjects, In-
habitants of the said County, assign, consti-
tute, appoint and declare you the said John
Currie, Robert Pagan and William Anstru-
ther our Justices of our Inferior Court of
Record of the Common Pleas in and for the
said County of Charlotte, to be held before
you the said John Currie, Robert Pagan and
William Anstruther or any one of you at
our Court House, in the Town of St. An-
drews, in the said County at two Terms
yearly, to wit, on the first Tuesdays of April
and September, in every year, and that you
the said John Currie, Robert Pagan and
William Anstruther, or any one of you, the
other not being present, shall and may in
the Name of Us, our Heirs and Successors,
hold, plea and have cognizance of all and
all manner of Plaints, actions and pleas
whatsoever arising and accruing within |
our said County and the Limits thereof,
which shall be brought in the said Court
and which shall be for more than Forty
Shillings, and shall not exceed Fifty Pounds
in Value, and in which the Tittle [sic] to Lands
shall not come in Question together with
full power and authority to hear and
determine all and every the same plaints,
actions and pleas, and Judgements thereon
to render and Executions thereof to award
and make, and that you the said John
Currie, Robert Pagan and William Anstru-
ther, or either of you, the same Court may
hold for so long as circumstances may
require, not exceeding Five Days in each
Term, and at the End of each of the said
Terms, shall adjourn the said Court until the
Term, then next ensuing, and to act and
do everything therein in such Manner and
Form and by such and the like Methods,
Process and proceedings and as fully and
amply as in our other Courts of Record in
such and the like cases, is used or can or
may be acted and done, according to the
Laws of that Part of the Kingdom of Great
Britain called England, and of our said
Province of New Brunswick, for and during
our pleasure; subject nevertheless to a Writ
or Writs of Error, returnable in our Supreme
Court of Judicature, for our said province of
New Brunswick, which you are hereby di-
rected and required to allow except in those
Causes which shall not exceed Ten Pounds
or in actions of Slander and Assault and
Battery. And we further hereby ordain,
establish and declare that the Court House
and Gaol of the County of Charlotte afore-
said shall be in the Said Town of St. An-
drews, in the County of Charlotte aforesaid,
as such shall be known and used in and
throughout the said County.
AND FURTHER reposing especial Trust and
Confidence in the Integrity, skill and know-
ledge of the Laws of Joseph Garnett,
Esquire, we do hereby appoint you the said
Joseph Garnett, to be Clerk of the Peace of
us, our Heirs and Successors, and of the
Sessions of the Peace for and in the said
County of Charlotte, and also Clerk of the
said Inferior Court of Common Pleas of and
for the said County and Keeper of the
Memorandums, Rolls, Records, Muniments
and other Writings of the said Courts and
of the County aforesaid and every of them
respectively, and to Continue in the said
Offices and to act and execute the same by
yourself or yours [sic] sufficient Deputy or Depu-
ties, and have take and enjoy the Fees, Per-
quisites and Profits to the said Offices and
every of them belonging or appertaining,
during our Pleasure.
AND FURTHER we do assign and appoint
you the said Joseph Garnett, and in your
absence your sufficient Deputy Clerk Asso-
ciate of the said Inferior Court of Common
Pleas, to be associated and joined with our
Justices aforesaid, at the Terms of our said
Court to be holden as aforesaid, and to act
and do all Manner of Things, which to a
Justice of our said Court in Term doth be-
long or may appertain.
AND FURTHER, we do assign, appoint,
establish and declare you the said Joseph Gar-
nett, a Puisne Judge of the Court to beholden
before you or your sufficient Deputy, and any
one of our Justices of the Peace for the said
County of Charlotte, on every second Thurs-
day of each Mouth, and also so often as you
shall find necessary or convenient, not ex-
ceeding once in every Fortnight, at our said
Court House, and in some convenient Place
in each and every Township or District in
said County, which said Justice and you
the said Joseph Garnett, or your Deputy
apociated [sic] together as Judges of and in the
said Court, shall by these Presents have full
Power and Authority to hear and finally to
determine all actions, cases and causes
wherein the Sum or Thing demanded shall
not exceed the Sum or Value of Forty Shil-
lings, and Judgement thereof to render with
Costs, and Execution of the said Judgements
to award. And we do further ordain that
the said Court shall be called The Clerk's
Court of the County of Charlotte, and that
by that name the process of the said Court
shall be issued to the Constables of the Dis-
trict or Town, and that the first process to
bring any Defendant in to answer, shall be
by Summons, but if any person shall neglect
to appear and answer on his being so Sum-
moned, or if it shall in the First Instance
appear by Affidavit, that he is about to de-
part the Limits of the said County, then and
in either of those cases the Plaintiff in such
action may proceed by Attachment, and for
the more speedy determining of all Contro-
versies in the said Court and to lessen the
Expense thereof, we do ordain and direct
that the plaint and pleadings in all causes
shall be Ore tenus according to the usage and
practice of the Courts held before one of our
Sheriffs of our Counties in our Realm of
England, and that the issue and proceedings
shall be kept and entered by the said Clerk
Associate or his Deputy in short en-
tries; And also we do ordain and direct that
by Virtue of these presents, and without any
precept thereof to the Constables of the said
Towns or Districts or either of them they
shall severally and respectively from time to
time summon and return a jury of twelve hon-
est and lawful Freeholders of the said Coun-
ty to appear in the said court in each
[re]spective District on every Court Day as
aforesaid, who being first sworn impartially
and truly to hear and determine the several
Causes brought before them, shall proceed
to try all issues and assess Damages in all
Causes which shall be given in charge to
such Jury by the said Court, And that if there
shall happen to be a Defect of Jurors for
Cause of Challenge or otherwise, the same
shall be supplied from time to time by a
tales de circumstantibus according to the
practice of the Courts of the Common Law,
and that the Evidence to be given to the
said Jury shall be by the Witnesses Viva
Voce, or such other Evidence as is admis-
sable by the Rules of Law and not by Oath
of Either party, And we do also hereby or-
dain and direct that on all Judgements to be
given or rendered by the said Court the par-
ty recovering may have Execution against
the Body or Goods of the adverse party at
his Election, provided that on execution
against the Body a certain time shall be in-
serted in the Warrant of Execution directing
how long the party shall be imprisoned
which shall not exceed Three Callendar [sic]
Months, but for as much shorter time as the
said Clerk in his Discretion shall think fit ;
and we do hereby order and appoint that the
Constables and Keeper of the goal [sic] of the
said County, for the time being shall or may,
and they, and each and every of them are
hereby Commanded, authorized and fully
empowered to execute and return all and
every the percepts [sic] and commands of the jus-
tice and clerk of the said courts or his depu-
ty or either of them, And we do also hereby
ordain that for any Contempt, Abuse or Dis-
turbance committed or done in or to the
said Court or the process thereof, or for not
appearing as a Juror when summoned, the
party delinquent or offending shall be sub-
ject either to an amerciament not exceeding
Twenty Shillings, or to be committed during
the sitting of the Court at the Discretion of
the said Court, And we do further ordain
and direct that before you, the said Clerk, or
your Deputy, shall proceed to sit and hear
Causes in the said Court, you and he shall
besides the usual Oaths, take an Oath well
and truly to execute the said Office as Clerk
and Judge of the said Court for the trial of
Causes not exceeding forty Shillings, and al-
so as an Associate in the aforesaid Court of
Common Pleas, according to the best of your
skill and knowledge, and that neither you
or he will deny or delay Justice to any one.
And we hereby authorize and empower the
said Joseph Garnett to appoint sufficient
Deputies in the several Districts of the said
County of Charlotte for the purpose aforesaid.
GIVEN under the Great Seal of our said
Province of New Brunswick : Witness our
trusty and well beloved Thomas Carleton,
Esquire, our Captain General and Governor
in Chief of our said Province, At the City of
St. John, the Fourth Day of June, in the
Year of Our Lord One Thousand Seven
Hundred and Eighty Five, and in the
Twenty Fifty Year of our Reign.
JOH'N ODELL.
Secret'y.
THOS. CARLETON. |