Saint Croix Courier, St. Stephen, NB
July 11, 1895
GLIMPSES OF THE PAST
Contributions to the History of Charlotte County and the Border Towns.
CXXVI – THE COUNTY WARRANT.
George the Third by the Grace of God of Great Britain, France and Ireland King Defender 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 convenient and speedy Administration of Justice 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 Province, 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 Boundary 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 distinct 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 presents appoint, constitute and declare you, the said Thomas Wyer, to be High Sheriff of the said County of Charlotte, 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 respectively, 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, Nehimiah Marks, James Campbell, Henry Goldsmith, Jacob Buffington, and Samuel Fairlambe 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, William 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, respectively, not exceeding Five Days, as to the Justices present shall seem necessary or convenient 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 Campbell, 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, Forestallings, 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 punishment thereof, and to do and execute all other things within the County aforesaid and the Liberties and Precints [sic] 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 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 authorised 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 in 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.
AND MOREOVER of our abundant Grace, certain Knowledge and mere motion we have willed, ordained and constituted John Currie, Robert Pagan and William Anstruther, 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, Inhabitants of the said County, assign, constitute, appoint and declare you the said John Currie, Robert Pagan and William Anstruther 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. Andrews, 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 accrueing 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 Anstruther, 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 ensueing [sic], 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 directed 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 aforesaid shall be in the Said Town of St. Andrews, 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 knowledge 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 sufficient Deputy or 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 Joseph Garnett, 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 the said Joseph Garnett, 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 Thursday of each Month, and also so often as you shall find necessary or convenient, not exceeding 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 Shillings, 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 Constable 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 Affadavit, 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 Realm of England, and that the issue and proceedings shall be kept and entered by the said Clerk Associate or his Deputy in short entries; 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 honest and lawful Freeholders of the said County to appear in the said court in each spective [sic] 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 admissable by the Rules of Law and not by Oath of Either party, And we do also hereby ordain and direct that on all Judgements to be given or rendered by the said Court the party 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 inserted 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 justice and clerk of the said courts 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 the process thereof, or for not appearing as a Juror when summoned, the party delinquent or 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 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 Fifth Year of our Reign.
JON'N. ODELL.
Secret'y.
THOS. CARLETON.