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 £700 or £750 sterling. The other Justices have each £500 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.
The Legislature of New-Brunswick, like most of the British Colonies, is a miniature of the British Parliament, consisting of the Lieutenant-Governor, the Council, and House of Representatives. The Governor represents the King. The Council form the upper House, in humble imitation of the House of Lords in England; and the Representatives from the different Counties forming the lower House, or House of Assembly. The number of Representatives for the several Counties is as follows: For the Counties of St. John, Westmorland, Charlotte, and York, four each; the Counties of King's, Queen's, Sunbury and Northumberland, two each; and two for the City of St. John, making in all twenty-six. This representation, the reader will observe, is very unequal. The County of Saint John, which includes the City, having two more members than the extensive County of York, which includes the Seat of Government; and the County of Sunbury, which is not as large as some parishes in the other counties, has as many members as the County of Northumberland, which comprises over one-third of the Province. It must indeed be admitted that Saint John and Sunbury are far better settled than Northumberland; but when we look at the great extent of the latter, the numerous settlements and great trade in that part of the Province, we must allow that the inhabitants of that part of the country have not an equal share of what may be considered the bulwark of liberty—namely, a fair representation. Six members at least, would not be out of proportion for that large County.
The Assembly sits in the winter at Fredericton: the sessions continue from six to seven weeks. Its chief business is in managing the provincial revenue, providing for schools, roads, &c. and making such laws as the state and trade of the Province may from time to time require. When laws are enacted that interfere with Acts of Parliament, they are transmitted to the King, with a suspending clause, and are not in force until they receive the royal approbation.
CHAPTER III.
Climate. Produce.