New Brunswick

court, dollars, council, tuesday, executive, supreme, house and people

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The qualification for a vote for representative is eatablished by the provincial act 18 Viet. 1855, c. 37, g 1, which provides that voters for representa tives shall he male British subjects, of age, not le gally incapable, nnd who shall have been assessed, for the year in which the registry is made up, for real estate one hundred dollars, or pereonal property four hundred dollars, or real nnd personal four hundred dollars, or annual income four hundred dollars. In case no assessment is made in his parish, the possession of the qualification shall be sufficient.

7. The government is w,hat is called "respon sible government,"—a term whioh has given ries, to much dispute, aticklers for the rights of the crown and lovers of monarchy proclaiming it an absurd self-contradiction, while the so-enlled libe rals cling to it as a fit name for a governmeat whose executive eouneil are, directly or indirectly, depend ent on the people for their places.

To give an idea of the working of this system, let us ouppose the present government ousted. The lieutenant-governor would then summon the leaden of the stronger political party in the legislature, and call upon them to name a council. They would suggest nine men from their own party, or each as would act with them, and he would thereupon issue his proclamation making such men his executive council. Six of these taking office (supposing them appointed from the house of assembly) vacate their seats in the legislature and go back to their consti tuents for the re-election necessary to confirm them as councillors and to allow them to retaio their seats in the lower house. If not re-elected, new appoint ments are made and the council filled.

Suppose them re-elected. The question now comes, Have the government, so constituted, th, confideoce of the people? If they are strong eoough in the legislature, all goes smoothly ; but Rs soon as the opposition can control a majority of votes in the houee, they pass a vote of "want of confidence," and thereupon the executive council resign, and the appointing process io gone through with anew.

S. The House of Assembly is elected by the people every four years, by ballot. The governmeat, i.e. executive council, is commonly, hut not necessa rily, chosea 'from the house of aseembly, and is in accordance with the political strength of that body.

When an executive council cannot oo-operate with the lieutenant-governor, they are dismissed or re sign; and if then re-elected by the people, the gov ernor asks her majesty to appoint his successor ; or, if he still holds hie office and continues to act impro perly, the people appeal through the house to the crow°, and all such appeals arefairly and promptly decided.

The Judicial Department.

9. This compriseo the Supreme Court of Judica tare, Circuit Conrte, Probate Courts, Court of Mar ringe and Divorce, Court of Vice-Admiralty, Court for Trial and Punishment of Piracy and Other Of fences upon the High Seas, Court of Common Pleas or Quarter Sessions of the County Magistrates, and the Petty Court or Inferior Court of Common Pleas, beside/ Police Courts and minor tribunals.

The Supreme Court consists of a chief justice and four puisne judges, appointed by the crown on re commendation of the governor and conncil. By eat of assembly 17 Viet. c. 67, the court of chan cery was abolished, and the master of the rolls ap pointed a judite of the supreme court: hence all tallSe8 heretofore cognizable by the court of °ban aery are to be determined in the "equity side of the supreme court." 10. .The terms of court are, as in England, four in numbor,—Hilary, first Tuesday in February ; Easter, second Tuesday in April; Trinity, second Tuesday in June ; Michaelmas, second Tuesday in Ootober ; and nisi prius sittings in oounty of York, scoond Tuesday in January and fourth Tuesday in June.. Suits for twenty dollars ur less can be heard before a justice or magistrate's court, or (in St, John city only, for forty dollars or less) before the petty court. Suits for from twenty to eighty del Tars go before the court of common pleas or quarter sessions ; and in the city of St. John the mayor and recorder are judges of the quarter sessions. Suits for over eighty dollars must go before the supreme court. Imprisonment for debt is still permitted; but the debtor is discharged on taking hie oath that he has no property of any kind. Possession af a leasehold estate would prevent his taking the oath. Any imprisoned debtor who can get bail may go on the limits, the limits extending to a distance of three miles from the jail. In seizing under execution, tools of trade and fifty dollars' worth of household furniture are exempt, exeiept for rent, in which case the landlord may take every thing an the premises. There is no proceeding of attaohment on mesne prooess, ae in some of the New England etates. The laws in force are the oommon law of England, the statute laws of Great Britain so far as they are made to extend to the colonies, and provincial statutes not repugnant to the laws of England.

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