Carleton County Act, 1831-32
Statutes of New Brunswick, 1 William IV, Chapter 50
(Passed March 31, 1831. Assented to May 30, 1832)
 
 

ANNO REGNI.
GULIELMI IV.
BRITANNIARUM REGIS PRIMO.

AT the General Assembly of the Province of New-Bruns-
wick begun and holden at Fredericton, on the Seventh
Day of February, Anno Domini One thousand eight hundred
and thirty one, in the First Year of the Reign of our Sove-
reign Lord William the Fourth, by the Grace of God, of the
United Kingdom of Great Britain and Ireland, King, De-
fender of the Faith, &c. ; being the First Session of the
Tenth General Assembly convened in the said Province.

CAP. L.

An Act for the Division of the County of York into Two Counties,
    and to provide for the Government and Representation of the
    new County.
Preamble.
Passed 31st March 1831.
´ WHEREAS from the great Extent of the
´ present County of York, it is necessary and ex-
´ pedient that the same be divided into Two Coun-
´ ties ;`
 
County of York
divided, and
Carleton erect-
ed, as herein
described.		     I. Be it therefore enacted by the President,
Council and Assembly, That all that Part of the
said County which lies to the Northward and
Westward of a Line commencing at the Monument
situate at the Source of the Cheputneticook, and
running by the true Meridian a due East Course
till it strikes Eel River, thence following the se-
veral Courses of the said Eel River to its Junc-
tion with the River Saint John, thence crossing
the said River Saint John, North Forty five De-
grees East, till it strikes the Division Line be-
tween the County of Northumberland and the
said County of York, be and the same is hereby
erected into a County, separate and distinct from
the said County of York, and shall be called and
known by the Name of the County of Carleton ;
and that the Residue thereof which lies below the
boundary Line of the said County of Carleton,
as is described in this Act, shall comprise the
County of York.
 
Establishment
of Courts of
Justice, Justices
and other Offi-
cers in the new
County.		     II. And be it further enacted, That the like
Courts of Justice shall be erected and establish-
ed, and the like Justices and other Officers be
constituted and appointed in the said new Coun-
ty, as are now erected and established, constitut-
ed and appointed in the said County of York, and
with the like Powers and Authorities.
 
Terms of the 
Court of Ses-
sions and Com-
mon Pleas.		     III. And be it further enacted, That the Courts
of General Sessions of the Peace, and Inferior
Courts of Common Pleas, shall be holden in the
Shire Town of the said new County, Twice in
every Year at the Times following, (that is to
say,) on the First Tuesdays in January and June,
and continue until the Business shall be finished,
not exceeding Five Days, and that Two addition-
al Terms of the said Inferior Courts of Common
Pleas for the said County shall be holden as fol-
lows, (that is to say,) on the First Tuesdays in
March and October, and continue until the Busi-
ness be finished, not exceeding Five Days ; at
which additional Terms no Jury shall be sum-
moned.
 
Woodstock to
be the Shire
Town.

Court House,
Gaol and public
Offices to be
erected there.

     IV. And be it further enacted, That the Town
of Woodstock, in the said County of Carleton,
shall be forever hereafter the Shire Town of the
said County, and that a Court House and a Gaol
shall be erected in the said Shire Town, in like
Manner, and by such and the like Ways and
Means, as such Buildings have been or may be
erected in other Counties in the Province, and in
such Place within the said Shire Town, above
the Madusnikik River, as the Governor or Com-
mander in Chief for the Time being shall direct ;
and that all the public Offices in the said new
County, shall be kept at the Places so to be di-
rected and determined upon by the Governor or
Commander in Chief for the Time being.
 
A Registry of
Deeds &c. es-
tablished.		     V. And be it further enacted, That in the said
Shire Town shall be erected and established a
Registry of Deeds, Conveyances, Wills, Mort-
gages, Memorials of Judgment or Recognizances,
for the said County, to be managed and execu-
ted by a Register, to be constituted in like Man-
ner and under and subject in all Respects to the
like Laws, Rules and Regulations as any other
Registry in any other County of the Province ;
and that all Deeds, Conveyances, Wills, Mort-
gages, Memorials of Judgment or Recognizances,
which may affect any Lands, Tenements or Here-
ditaments in the said County, shall be entered
and registered at full Length in the said Registry,
provided the same Deeds or other Documents
have not been before registered in the said County
of York.
 
Powers of Par-
ish Officers to be
the same as in
other Counties.		     VI. And be it further enacted, That the sever-
al Parishes of the said County of York, in whole
or in part comprised within the said new County,
shall continue by their respective Names to be
the Parishes of the said new County until altered
by the General Assembly ; and that the Town or
Parish Officers to be hereafter annually appointed
for the said new County, shall in all Respects pos-
sess the same Powers as the like Officers in any
other County : Provided always, that the Powers
and Authorities of the present or any other Officers
appointed or to be appointed by the Court of Ge-
neral Sessions of the Peace for the said County of
York, shall continue until after the First General
Session of the Peace shall be holden in and for the
said new County.
 
Actions in Com-
mon Pleas
brought before
Commencement
of this Act to be
determined in
the County of
York.
 
 

Assessments
made before the
Commencement
of this Act to
be proceeded in.
 

Exception.

     VII. And be it further enacted, That all Actions
now depending, or which hereafter may be
brought in the Inferior Court of Common Pleas
for the said County of York, before this Act shall
go into Operation, shall be there proceeded in
and finally determined, although the Parties may
reside, or the Causes of Action may have arisen,
in the said new County ; and that all Rates and 
Assessments which have been or which hereafter
may be made on the Inhabitants of that Part of
the said County of York hereby erected into a
separate County, before the Commencement of 
the Operation of this Act, shall be proceeded in,
and collected and paid, and the Accounts finally 
settled, as if this Act had not been made, any
Thing herein contained to the contrary notwith-
standing : provided always, that no Assessment
shall be made upon the Inhabitants of the said
new County for the purpose of erecting a County
House, Gaol or other public Building within the
said County of York.
 
New County to
send One Mem-
ber to the Gen-
eral Assembly.
 
 

Freeholds re-
gistered in York
to entitle to
Votes in the
new County.

     VIII. And be it further enacted, That the said
new County shall be entitled to send One Mem-
ner to serve in the General Assembly of this Pro-
vince, to be elected by the Freeholders in like
Manner, and subject to the like Laws, Rules and
Regulations, under which other Members are
elected in any other County ; and that all such
Freeholders whose Title Deeds may have been
registered in the County of York before this Act
shall go into Operation, shall be entitled to vote,
without having their Deeds registered anew in the
said new County : provided always, that no Writ
shall be issued for the Election of such Member
until there shall be a general Election for the
Province.
 
New County not
to be considered
as established
until the Com-
missions &c. are
issued, and His
Majesty's Ap-
probation be 
declared.		     IX. And be it further enacted, That the said
new County shall not be deemed to be erected
and established until the Commissions shall be
issued for erecting the said Courts of Justice, and
appointing the several Justices and other Officers
for the said new County, and the same shall be
notified by Proclamation of the Governor of Com-
mander in Chief for the Time being : provided al-
ways, that this Act shall not be in Force until
His Majesty's Royal Approbation be thereunto
had and declared.

    This Act was confirmed and finally enacted by an Order of the
King in Council dated 30th May 1832, and published and declared
in the Province on 19th September 1832.

Transcriber's Remarks

    The above Act was passed in 1831 but not printed with the acts of that year because of the suspending clause in Section IX. It was finally printed along with the acts of 1833 and that is the source of all of the above text, except for the introductory paragraph describing the General Assembly, which was taken from the acts of 1831. The transcription is exact including the original spelling, punctuation, capitalization, italics, marginal notes, and the footnote ("This Act was confirmed . . ."). I have added boldfacing to the section numbers for convenience. The short title - Carleton County Act, 1831-32 - was not part of the original.

    The footnote which declares that the act had been "published and declared in the Province on 19th September 1832" refers to the fact that the act was also published in full in the Royal Gazette (Fredericton, N. B.) on September 19, 1832, along with a note stating that the King-in-Council had approved it. It was also printed in the next week's issue, September 26. It was not printed with the acts of 1832, and I assume this was because the Assembly generally met early in the year, so the acts of 1832 would probably have already been printed by the time the King's assent had been received. See the Birth of Carleton County page for more information.

Transcribed by Craig Walsh,
May 2001.

Sources Disclaimer: The above transcription is provided for its historical interest and should not be considered an official or legal copy of the Act.
Return to the Counties and Parishes of New Brunswick Site.

This page was prepared by Craig Walsh.
First Posted 19 May 2001.