Title and statement of responsibility area
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Dates of creation area
Date(s)
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1835-1879 (with gaps) (Creation)
- Creator
- Richmond County (NS). Court of General Sessions of the Peace
Physical description area
Physical description
26 cm of textual records (2 boxes and 3 volumes)
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Administrative history
Prior to 1879 local government in Nova Scotia was the responsibility of the appointed Court of General Sessions of the Peace, which was composed of all those who held commissions as justices of the peace within a particular county. Richmond County was created in 1835 when Cape Breton County, which encompassed the whole island, was divided into three counties. The Richmond County Court of General Sessions of the Peace began in approximately 1847 when the boundary with Cape Breton County was confirmed by Statute. Prior to 1847, it was referred to as the Second or Southern District of Cape Breton County. Meeting two or more times a year at Arichat, the court had both administrative and judicial functions. It was empowered to appoint local officials who had been nominated by the Grand Jury; levy county and poor tax rates; exercise control over roads, bridges, prisons, hospitals, and other public works; regulate animals, weeds, fires, taverns, and the inland fisheries, and perform other duties assigned by statute. It could also act as a court of justice, with limited criminal jurisdiction, using the Grand and Petit Jury system from England. The Grand Jury decided whether a charge should proceed to trial. The Petit Jury decided on an accused’s guilt or innocence. Jury members were selected by lot from a list of male residents who either owned land or held a minimum amount of personal wealth. The passage of the County Incorporation Act in 1879 replaced the administrative functions of the Court of General Sessions with an elected municipal council. Its judicial function was assumed by the Supreme Court on County Circuit.
Custodial history
The earliest court proceeding book (accession 1996-283) was borrowed for microfilming from the sheriff of Richmond County in 1983 who subsequently donated the original. The latter 2 volumes and courthouse floor plans book were donated in 2012 by the daughter of a county warden, who had received them through her family. The date of donation of the outgoing correspondence and other administrative material from justices of the peace (RG 34-320) is unknown.
Scope and content
Consists of three court proceedings books (1835-1837; 1847-1856; 1861-1864) in which the clerk of the peace recorded the actions of the court at Arichat, Richmond County, Nova Scotia; one file of assessment rolls for property taxes levied on residents of the townships of Arichat, Port Hawksbury, Lennox and Maitland (1843, 1862-1863); two files of outgoing correspondence of the justices to the provincial secretary at Halifax as well as certificates of their appointment, oaths of office, lists of justices, some sheriff appointment bonds, and witness statements and a petition in French from residents of L’Ardoise concerning justices of the peace conduct (1840-1879); one file of sheriff appointment bonds of surety along with a list of sheriffs (1837-1865); two files of lists (called returns) of all the criminal and civil cases heard each year, including minutes of the investigation prompted by the L’Ardoise petition (1835-1853); two books of revenues and expenses of the court kept by the Treasurer of the Grand Jury that includes messages to the Court justices, amounts of taxes collected and paid out to officials, and names of court officers, sheriffs, clerks, workmen and jury members (1831-1879); and one book of floor plans and expenses to build a new courthouse in Arichat (1851-1858).
Proceedings books include lists of members for the Grand and Petit Juries, dates of court hearings, names of plaintiff and defendant, the decision and any actions by the court, names of justices of the peace presiding, and taxes levied and paid out to officials. The earliest book, covering 1835 to 1837, also includes a list of supplies purchased for court operations in 1843.
Assessment rolls provide male names as “head of families” and amount of taxes owed organized by geographic district within the county.
The returns or lists of civil cases heard contain names of plaintiffs and defendants, their place of residence, court orders (called writs) issued, amounts of debt and fees owed. Criminal case lists include date of hearing, names of parties, offence charged, final judgment and punishment, and if carried out.
Notes area
Physical condition
The three volumes in 2012-025 are fragile, oversized, slim volumes with handmade covers and crumbly paper.
Immediate source of acquisition
Arrangement
Language of material
- English
- French
Script of material
Location of originals
Availability of other formats
The Proceedings book 1835-1837 has been microfilmed and can be accessed on microfilm reel mfm 13342 No.19.
Restrictions on access
Access to the original Proceedings book 1835-1837 is closed for preservation reasons.
Terms governing use, reproduction, and publication
See Nova Scotia Archives’ Services page for information on copying, reproduction, and use of materials.
Finding aids
Associated materials
See also Circuit Records at Arichat series in Supreme Court on County Circuit which forms part of the Supreme Court of Nova Scotia fonds for judicial records 1829 to 1977.
Accruals
General note
Also called Court of Quarter Sessions of the Peace.