Know ye, That we, reposing especial trust and confidence
in the ability and integrity of Abraham DePeyster, Thomas
Lester, and Anthony Allaire, Esquires, have appointed, con-
stituted and declared, and do by these presents appoint, con-
stitute and declare you the said Abraham DePeyster to be
High Sheriff of our County of Sunbury, in our Province of
New Brunswick, (the bounds of which County of Sunbury are
hereby defined to be and are hereby as follows, to wit: --
Bounded on the north west by the County of York, on the
north east by the County of Northumberland, on the south east
by Queen's County, and on the south west by the County of
Charlotte) ; and we do hereby appoint, constitute and declare
you the said Thomas Lester and Anthony Allaire to be Coro-
ners of the said County, hereby giving and granting to you the
said Abraham DePeyster, Thomas Lester, and Anthony Allaire,
respectively, full power and authority to hold, exercise and

[p. 1031]

enjoy the said office of Sheriff and of Coroners respectively, in
and throughout all and every the parts and districts of the said
County of Sunbury, until the Feast of Saint 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 into the said offices respectively, and to
do and execute all things which unto the said offices of Sheriff
and Coroner of the said County, doth, shall or may belong or
appertain ; also hereby giving and granting to the said Abra-
ham DePeyster, Thomas Lester, and Anthony Allaire respec-
tively, the several fees, perquisites and profits to the said res-
pective offices belonging, or which shall or may thereunto be-
long. And further know ye, that we, reposing full trust and
confidence in the learning, ability and integrity of James Sy-
monds, John Mersereau, Thomas Colden, Samuel Peabody,
William Hubbard, Gerardus Clows, Joseph Clarke, Richard
Vanderburgh, and ----- ------, Esquires, have assigned, and
do by these presents assign you the said James Symonds, John
Mersereau, Thomas Colden, Samuel Peabody, William Hub-
bard, Gerardus Clows, Joseph Clarke, Richard Vanderburgh,
and ----- ------, to be Justices of the said County of Sunbury,
the peace of us, our heirs and successors, within the said
County, and the limits and jurisdiction and extent thereof, to
keep ; and that any two or more of you the said James Sy-
monds, John Mersereau, Thomas Colden, Samuel Peabody,
William Hubbard, Gerardus Clows, Joseph Clarke, Richard
Vanderburgh, and ---- ----, whereof we will, that one of you
the said James Symonds, John Mersereau, Thomas Colden,
and Samuel Peabody be one, shall and may hold and keep
two Courts of General Sessions of the Peace in each year, in
and for the said County, to begin at certain times of the year,
to wit, on the third Tuesdays of June and January, each of
which Sessions shall and may last, continue and be held any
time from the days aforesaid respectively, not exceeding five
days, as to the Justices present shall seem necessary and con-
venient, to finish the business before them in the said Sessions,
hereby giving and granting to you the said James Symonds,
John Mersereau, Thomas Colden, Samuel Peabody, William
Hubbard, Gerardus Clows, Joseph Clarke, Richard Vander-
burgh, and ---- -----, or any two of you, whereof we will that

[p. 1032]

any one of you the said James Symonds, John Mersereau,
Thomas Colden, and Samuel Peabody be one, in the said
Court of General Sessions of the Peace, full power and autho-
rity to enquire of, hear and determine within the County afore-
said, all and all manner of felonies, imprisonments, riots, routs,
oppressions, extortions, forestallings, regratings, trespasses,
offences, and all and singular other evils, 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 be-
long, or which hereafter shall happen to belong or be incum-
bent, 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 correction and pun-
ishment thereof, and to do and execute all other things within
the County aforesaid, and the liberties and precincts thereof,
as fully, freely and entirely, and in as ample manner and form
as Justices of the Peace of us, our heirs and successors, any
where within 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 hereafter, as fully and effectually as
any sheriff, minister or officer of any County any where within
that part of our Kingdom of Great Britain called England, the
warrants, mandates or commands of any Justices of Peace
there hath used to make, return or execute in any manner
whatsoever.

[p. 1033]

    And moreover of our abundant grace, certain knowledge
and mere motion, we have willed, ordained and constituted
James Symonds, John Mersereau, and Thomas Colden, and
reposing especial trust and confidence in the learning, ability
and integrity of you the said James Symonds, John Mersereau,
and Thomas Colden, do by these presents, for the due, orderly,
convenient and expeditious administration of justice to and
among our loving subjects, inhabitants of the said County,
assign, constitute, appoint and declare you the said James
Symonds, John Mersereau, and Thomas Colden, our Justices
of our Inferior Court of Record of the Common Pleas in and
for the said County of Sunbury, to be held before you the said
James Symonds, John Mersereau, and Thomas Colden, or
any one of you, at our Court House in the Township of Mauger-
ville, in the said County, at two terms yearly, to wit, on the
third Tuesdays of June and January in every year, and that
any one of you the said James Symonds, John Mersereau, and
Thomas Colden, the other not being present, shall and may in
the name of us, our heirs and successors, hold pleas, 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 title to lands shall not
come into 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 execution
thereof to award and make. And that you the said James
Symonds, John Mersereau, and Thomas Colden, or either of
you, the same Court may hold for so long time 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 every thing
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 our Kingdom of Great Britain called England,
and of our said Province of New Brunswick, for and during
our pleasure, are subject nevertheless to a writ or writs of

[p. 1034]

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 in the Township
of Maugerville aforesaid, is and shall be the Court House and
Gaol of the said County of Sunbury, and 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 knowledge of the laws of Samuel Denny
Street, Esquire, we do hereby appoint you the said Samuel
Denny Street 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 Sunbury, and also Clerk of the said Inferior Court
of Common Pleas of and for the said County, and keeper of
the memorandums, rolls, records, minuments and other writings
of the said Court, 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 your sufficient deputy
and deputies, and have, take and enjoy, the fees, perquisites
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 Samuel Denny Street, and in your
absence your sufficient deputy, clerk associate 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 belong or
may appertain. And further we do hereby assign, appoint,
establish and declare you Samuel Denny Street, a puisne
Judge of the Court to be holden before you or your sufficient
deputy, and any one of our Justices of the Peace for the said
County of Sunbury on every first Thursday of each month,
and also so often as you shall find necessary or convenient, not
exceeding once in every fortnight, at our Court House, and at
some convenient place in each and every Township or District
in the said County, which the said Justice, and you the said
Samuel Denny Street or your deputy associate together, as
Judges of and in the said Court, shall by these presents have

[p. 1035]

full power and authority to hear and finally determine all
actions, cases and causes wherein the sum or thing demanded
shall not exceed the sum or value of forty shillings, and judg-
ment thereof to render with costs, and executions of the said
judgment to award. And we do further ordain that the said
Court shall be called the Clerk's Court of the County of Sun-
bury, and that by that name the process of the said Court
shall be issued to the Constables of the District 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 summoned, or if it shall in the first
instance appear by affidavit that he is about to depart 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 controversies 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 realms
of England, and the issue and proceedings shall be kept and
entered by the said Clerk associate or his deputy in short
entries. And we also ordain and direct, that by virtue of
these presents, and without any precept thereof to the Consta-
bles 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 honest and lawful freeholders of
the said County to appear in the said Court in each respective
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
defect of Jurors for cause of challenge or otherwise, the same
shall be supplied from time to time by a tales de circumstanti-
bus, 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 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 ordain and direct, that on all judgments
to be given or rendered by the said Court, the party recovering

[p. 1036]

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 inserted in the warrant of execu-
tion, directing how long the party shall be imprisoned, which
shall not exceed three calendar months, but for as much shorter
time as the said Clerk in his discretion shall think think fit. And
we do hereby order and appoint that the Constables and keeper
of the gaol of the said County for the time being, shall and
may, and they and each and every of them are hereby com-
manded, authorized and fully empowered to execute and return
all and every the precepts and commands of the Justice and
Clerk of the said Court or his deputy, or either of them. And
we do also hereby ordain, that for any contempt, abuse or
disturbance committed or done in or to the said Court or
process thereof, or for not appearing as a Juror when sum-
moned, the party delinquent or so offending shall be subject
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 also as an associate
in the aforesaid Court of Common Pleas, according to the
best of your and his 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 Samuel Denny Street to
appoint sufficient deputies in the several districts of the said
County of Sunbury for the purposes aforesaid.

    Given under the great seal of our said Province of New
Brunswick. Witness our trusty and well beloved Thomas
Carleton, Esquire, Captain General and Governor in Chief of
our said Province, at the City of Saint John, this twenty sixth
day of July, in the year of our Lord one thousand seven hun-
dred and eighty five, and in the twenty fifth year of our reign.