New Brunswick. Commission to Inquire into the Judicial Institutions of the Province.

Abstract: Commission on Judicial Inquiry, 1842

On 1 March 1841, Lieutenant-Governor, Major General Sir John Harvey, appointed R. Parker, J. A. Street, and E. B. Chandler as Commissioners to make significant recommendations regarding the functioning of the judicial structures of New Brunswick: "to revise the Ordinance Fees, and if necessary to frame a new Fee Table in the Supreme Court of this province; and also to take into consideration the propriety of introducing the new rules of Pleading, at present in force in the Court of Queens's Bench in England."

Although the Commissioners apologized for their inability to examine all the issues laid out in the enabling legislation, they nonetheless produced a lengthy and detailed report.

Commissioners Street, Parker, and Chandler divided their findings under six "heads". And, although the issues dealt with in the Report were exceedingly technical, some of the subjects addressed include a proposal for a new Table of Fees; a discussion of restricting the allowance of several special courts for the same cause of action; proposed changes on the topic of "Special Pleading", in the instances of Actions of Assumpsit, In Covenant and Debt, Detinue, Case, and Trespass, though not in cases of General Issues in Trespass or Replevin; and recommendations on the Dating of Pleadings, with specific reference to English protocols; New Forms of Issues, Nisi Prius Records, Poteas and Judgement Rolls. Finally, in an appendix, the Commissioners presented financial statements for various years and a "Proposed New Table of Fees for the Supreme Court, Sheriff, Cryer, Clerk, Constable, Witness, and Juror".

h.c.

Commissioners: R. Parker
J. A. Street
Edward Barron Chandler.

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Bibliographic Information

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