New Brunswick. Commissioners for Revising and Consolidating the Laws of the Province of New Brunswick.

Abstract: Report of the Commissioners For Revising and Consolidating the Law, 1853

By an act passed at the spring session of the Legislature Assembly in 1852, a Commission was created to "consolidate, simplify, revise, and arrange in one uniform Code" the statutes and codes relating to the Courts of Law and Equity, with special attention to be paid to the Law of Evidence. Solicitor-General W.B.Kinnear, J.W.Chandler, and Charles Fisher were appointed Commissioners. Whereas many commissions were expected to bring forth recommendations, this commission was charged with implementing change.

The commissioners stated that the legislation governing the judicial bodies in the province had been in need of "extensive changes" and that the law should be founded on a platform of common sense rather than "ancient precedent". They applied these principles, and their report is a synopsis of a completed project.

In consolidating legislation relating to judicial practices, the Commissioners stated that the acts had been compressed to as little as one sixth of their former size. They gave other examples of this consolidating process, including the abridgment of the Marriage Acts, the laws subjecting real estate to the payment of debts, and laws relating to the acquisition and transmission of property.

The report also made reference to a number of other areas of legal reform. For instance, changes were made to the laws relating to the recovery of small debts. The Commissioners recommended that the appeal process for small claims ought to be abolished and that more discretion be given to Justices of the Peace. They reported substantial changes to actions of replevin, laws relating to apprentices, and laws relating to corporations.

h.c.

Commissioners:
Charles Fisher
J. W. Chandler
William Boyd Kinnear.

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Bibliographic Information

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