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Having been appointed to superintend the publication of the Provincial Statutes, I very soon found it necessary to determine on publishing this Volume, containing the Revised Statutes only, leaving those passed contemporaneously at the last Session, and any which remained unrepealed, to form two other Volumes; one of Public, the other of Private and Local Acts.
To have included in this Volume the Public unrepealed Acts, and those of the last Session, would have marred the uniformity of its appearance,-greatly increased its bulk, by adding about fifty Acts, and some of them very long,-protracted its issue, already greatly delayed,-and have rendered the Volume, to whatever extent the Law Amendments may hereafter pass, useless.
By making a second Volume of these Public Acts, and publishing a much smaller number than of the Revised Statutes, it may be considered as circulating for present convenience, until the publication of a second Codified Volume of uniform appearance with the first shall be ordered, which may readily be effected on the Legislature passing the remainder of the Law Amendments, they being already codified.
These Amendments, thus codified, were reported by the Commissioners as forming a portion of “Part the Third,” relating to Courts; but the Legislature being unable to attend to them all at the last Session, and those with reference to the Court of Chancery having passed subsequently to the Revised Statutes, that part of this Volume will unavoidably be short and incomplete. The second and third Reports, however, of the Law Commissioners, will be found in the second Volume, as bearing more immediately on that particular portion of the Statutes.
It may be necessary to remind the unprofessional reader of tbis Volume, that in the two Chapters “Of Terms, &c.” and “Repeal of Statutes," prepared for the purpose of avoiding incessant repetitions, will be found the key to many seeming Dissions in this revision, as in the ase of the words “sworn," on oath,” “affidavit,” which are unaccompanied by the cusomary authority to administer the oath, or the penalty in case of false swearing ; but in the Chapters alluded to, these and similar expressions have their full effect by a general explanation of their meaning.
It has already been explained in the Royal Gazette why this Volume did not make its appearance when the Act came in force. The two subsequent Volumes will be issued as quickly as they can be printed; and it is satisfactory to me to be able to observe that the public inconvenience, so deeply to be regretted in the delay of publishing this Volume, cannot extend to the other two, as all the Acts to be therein included are already in print.
W. B. KINNEAR.
8th September, 1854.
AN ACT FOR THE FURTHER AMENDMENT OF THE LAW AND THE
BETTER ADTANCEMENT OF JUSTICE.
Whereas it would greatly facilitate the administration of justice in this Province, and reduce the expense thereof, if the Acts of Assembly were revised and properly arranged, and the proceedings in suits at law and in equity abridged and simplified ;
Be it therefore enacted by the Lieutenant Governor, Legislative Council, and Assembly, as follows :
1. The Lieutenant Governor or Administrator of the Government for the time being, by and with the advice and consent of the Executive Council, is authorized and empowered, by Warrant under his hand and seal, to appoint three or more fit persons, not to exceed five in the whole, to be Commissioners, as well to consolidate, simplify in their language, revise, and arrange in one uniform code, the Acts of Assembly in this Province, incorporating in such revision and arrangement all such alterations and amendments as the said Commissioners shall deem necessary, as to report upon the practice and proceedings in the Courts of Law and Equity, and to suggest such alterations therein as may appear to the said Commissioners, or a majority of them, best adapted to lessen expense and advance justice, and especially to take into consideration the Law of Evidence as it at present exists in this Province, and the propriety of altering the same, and to report the result of their doings to the Lieutenant Governor or Administrator of the Government for the time being, in separate Reports, embracing in one Report the revision and codification of the Acts of Assembly, and in the other the practice and proceedings in the Courts of Law and Equity, and the other matters by this Act directed to be reported upon, to be by him laid before both Houses of the Legislature immediately after the then next meeting thereof, for their consideration and action, with a detailed account of the expenses thereof.
ACT AUTHORIZING THE CODIFICATION.
2. It shall be lawful for the said Commissioners so to be appointed, or the major part of them, for the purpose of procuring information relative to any of the matters aforesaid, to call before them any person or persons, and to require the production from any public office or department of any books, documents, or papers connected with the proceedings of any Court where actions or suits at law or in equity are usually brought, as may be necessary; and the said Commissioners, or a majority of them, are hereby empowered to examine on oath or otherwise, according to the discretion of the said Commissioners (which oath the said Commissioners or any one of them are hereby authorized to administer), any person or persons, relating to such practice and proceedings, and touching all other matters to be inquired into under the provisions of this Act; and all such persons are hereby required to attend the said Commissioners from time to time and at such times and places as they or a majority of them shall appoint, on receiving due notice thereof, and on being required so to do.
3. The said Commissioners are hereby authorized to employ such clerks and assistants as may be necessary for the performance of the duties imposed upon them by this Act.
4. This Act shall continue and be in force until the first day of April which will be in the year of our Lord one thousand eight hundred and fifty four, and no longer.
FIRST REPORT OF THE COMMISSIONERS.
To His Excellency Sir Edmund Walker Hend, Baronet, Licutenant Governor
and Commander in Chief of the Province of New Brunswick, &c. &c. &c. MAY IT PLEASE YOUR EXCELLENCY,
Having had the honor of receiving from Your Excellency a Commission directing us to carry out the objects of the Act passed at the last Session of the Legislature, relative to the revision of the Provincial Statutes and the amendment of Law proceedings, we beg leave to report, that shortly after receiving the Commission, we entered on its duties by holding our first meeting at Fredericton, to consider the best mode of accomplishing the highly important objects contemplated by the Legislature.
We were required—“As well to consolidate, simplify, " revise, and arrange in one uniform code the Acts of Assem“ bly, incorporating therein all such alterations and amend"ments as we should deem necessary, as to report on the “ procedure of the Courts of Law and Equity, and to suggest "such alterations as might appear to us, or a majority of us, “ best adapted to lessen the expense and advance justice; and
especially to take into consideration the Law of Evidence as “ now existing in the Province, and the propriety of altering
the same ; and to report separately thereon, the revision in “one Report, and the alterations in Law proceedings in " another."
These two departments presented a wide field of investigation, and although we deemed it quite impracticable to be prepared with both Reports at the present Session, we resolved to spare no pains in the codification of all the Statutes which could safely be touched, and at the same time to collect information on the more difficult subject of the improvement of Common Law and Equity procedure.
All the Acts of Assembly were examined and compared with great care and labour, and every Act repealed, amended, or in any way modified, noted in the margin, so that the whole could