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R V Jones (New Brunswick)
''R v Jones'' was a 1799 court case challenging the legality of slavery in New Brunswick. Caleb Jones (–1816) was a slave owner and Loyalist who fled north from Maryland to New Brunswick after the American Revolution. In the 1780s, Jones purchased slaves in New York and Maryland and moved them to his farm in New Brunswick where he forced them to labour. By the end of the 18th century, slavery was increasingly controversial in the British colonies, and a number of prominent New Brunswickers sought to challenge the practise, including Solicitor General Ward Chipman. In 1799 they helped a woman named Nancy (sometimes called Ann) file a writ of ''habeas corpus'' challenging her enslavement by Jones. Nancy was represented ''pro bono'' by Chipman and Samuel Denny Street, while Jones retained Attorney General Jonathan Bliss, John Murray Bliss, Thomas Wetmore, Charles Jeffery Peters, and William Botsford. Sampson Salter Blowers also advised Nancy's counsel. The case was heard by th ...
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New Brunswick
New Brunswick (french: Nouveau-Brunswick, , locally ) is one of the thirteen provinces and territories of Canada. It is one of the three Maritime provinces and one of the four Atlantic provinces. It is the only province with both English and French as its official languages. New Brunswick is bordered by Quebec to the north, Nova Scotia to the east, the Gulf of Saint Lawrence to the northeast, the Bay of Fundy to the southeast, and the U.S. state of Maine to the west. New Brunswick is about 83% forested and its northern half is occupied by the Appalachians. The province's climate is continental with snowy winters and temperate summers. New Brunswick has a surface area of and 775,610 inhabitants (2021 census). Atypically for Canada, only about half of the population lives in urban areas. New Brunswick's largest cities are Moncton and Saint John, while its capital is Fredericton. In 1969, New Brunswick passed the Official Languages Act which began recognizing French as an ...
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William Botsford
William Botsford (April 29, 1773 – May 8, 1864) was a lawyer, judge and political figure in the pre-Confederation Province of New Brunswick, Canada. He was born in New Haven, Connecticut Colony, the son of Amos Botsford and Sarah Chandler, and went to Annapolis Royal, Nova Scotia with his family in 1782. The family settled at Westcock, New Brunswick two years later. Botsford was educated at Yale College, studied law with Jonathan Bliss and was called to the bar in 1795. In 1802, he married Sarah Lowell Murray. From 1803 to 1808, he served as judge in the vice admiralty court. He was elected to the Legislative Assembly of New Brunswick in 1812 for Westmorland County following the death of his father. In 1816, he was named solicitor general and, in 1817, speaker for the assembly. In 1823, he became a judge in the province's Supreme Court. He retired to Westcock in 1845 and lived there until his death in 1864. His sons Bliss, Hazen and Chipman served in the legislative as ...
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New Brunswick Law
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Slavery Case Law
Slavery and enslavement are both the state and the condition of being a slave—someone forbidden to quit one's service for an enslaver, and who is treated by the enslaver as property. Slavery typically involves slaves being made to perform some form of work while also having their location or residence dictated by the enslaver. Many historical cases of enslavement occurred as a result of breaking the law, becoming indebted, or suffering a military defeat; other forms of slavery were instituted along demographic lines such as race. Slaves may be kept in bondage for life or for a fixed period of time, after which they would be granted freedom. Although slavery is usually involuntary and involves coercion, there are also cases where people voluntarily enter into slavery to pay a debt or earn money due to poverty. In the course of human history, slavery was a typical feature of civilization, and was legal in most societies, but it is now outlawed in most countries of the w ...
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Stair Agnew (judge)
Stair Agnew (October 19, 1757 – October 10, 1821) was a land owner, judge and political figure in New Brunswick, now in Canada. He represented York County in the Legislative Assembly of New Brunswick from 1792 to 1795 and from 1796 to 1821. Agnew was born in Virginia, the son of the Reverend John Agnew, and was educated in Glasgow, and joined the Queen's Loyal Virginia Regiment at the beginning of the American Revolution. Agnew and his father, a chaplain for the loyalists, were captured in 1781 and released at the end of the war. He went to England where he married Sophia Winifred (last name unknown). In 1789, Agnew settled in New Brunswick near Fredericton. He served as a justice of the peace and a judge of the Inferior Court of Common Pleas for the county from 1799 until his death at his estate in York County in 1821. Agnew, a slave owner, challenged Judge Isaac Allen to a duel after the judge found in favour of an escaped slave in ''R v Jones Reginald Victor Jones , ...
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John Saunders (New Brunswick Judge)
The Hon. John Saunders ( D.C.L.) (June 1, 1754 – May 24, 1834) was a British soldier, lawyer, and Chief Justice of the colonial Province of New Brunswick. Born to landed gentry in Princess Anne County, Virginia, Thirteen Colonies, North America, during the American Revolutionary War he remained loyal to Britain. In 1764 in Princess Anne County, Virginia, USA (present day Virginia Beach), John Saunders built Pembroke Manor. The Manor still stands today and is in private use. In Fall 1775 Saunders, under the direction of Colonel Jacob Ellegood and Royal Governor Dunmore, joined the Queen's Own Loyal Virginia Regiment. The QOLVR was to aid in the number of Crown Forces assembling in Tidewater Virginia to help thwart the tide of Rebels from Virginia and North Carolina. In December 1775 (present day Chesapeake, Virginia) the Battle of Great Bridge resulted in a defeat for Crown Forces, but it was not until the Summer of 1776 that the Crown Forces including members of the QOLVR mo ...
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Isaac Allen
Isaac Allen ( – ) was a Canadian jurist in New Brunswick. Isaac Allen was a loyalist officer during the American Revolutionary War, who at the close of the war held the rank of colonel and commanded the 2d battalion of New Jersey volunteers. He was deported to New Brunswick with other tories, and obtained a grant of 2,000 acres above Fredericton. He was one of the first judges appointed in the province, having been made an assistant justice in 1784. In a test case to determine the right to hold slaves, ''R v Jones'' tried at Fredericton in 1800, he decided with Judge John Saunders against the master, while the chief justice and another judge upheld the master's right. As a result of this trial, he received a challenge to a duel from Stair Agnew. His grandson, John C. Allen John C. Allen (May 21, 1907 – August 17, 1979) was a roller coaster designer who was responsible for the revival of wooden roller coasters which began in the 1960s. He attended Drexel University. He s ...
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Joshua Upham
Joshua Upham (November 3, 1741 – November 1, 1808) was a lawyer, judge and political figure in New Brunswick. He served as a member of the New Brunswick Council. He was born in Brookfield, Massachusetts, the son of Dr. Jabez Upham and Katharine Nichols, and graduated from Harvard College in 1763. He practised law in Brookfield. In 1768, he married Elizabeth Murray. In 1777, when, as a lawyer, he was required to take an oath of allegiance to the American state, he declared himself a loyalist and left for New York City to join the British. (He was subsequently named in the Massachusetts Banishment Act of 1778.) Upham was an officer, ending the war as a major in the King's American Dragoons. He was named a judge in the Supreme Court of New Brunswick in 1784. After the death of his first wife, he married Mary Chandler, the sister of Samuel Chandler and sister-law of Amos Botsford, in 1792. Upham, a slave-owner, voted to uphold the legality of slavery in New Brunswick in 1800 in '' ...
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George Duncan Ludlow
George Duncan Ludlow (29 September 1734 – 13 November 1808) was a lawyer and Puisne Judge of the Supreme Court of the British Province of New York in the Thirteen Colonies who became the first Chief Justice of New Brunswick in Canada. Early life Ludlow was born on 29 September 1734 in Queens County on Long Island in the Province of New York in what was then British America. He was the son of Gabriel Ludlow (1704–1773), a merchant, and Frances ( née Duncan) Ludlow. Among his siblings was his younger brother Gabriel George Ludlow. After his mother's death, his father married Elizabeth Crommelin, with whom he had Daniel Ludlow, George's younger half-brother. His sister, Elizabeth Ludlow, was the wife of Francis Lewis Jr. (brother of Gov. Morgan Lewis). The first Ludlow in America was his grandfather, also named Gabriel Ludlow (1663–1736), who was born at Castle Cary and left Frome around 1694 to settle in New Amsterdam, and became a prominent and influential merchant, s ...
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Supreme Court Of New Brunswick
The Court of King's Bench of New Brunswick (in French: ''Cour du Banc du Roi du Nouveau-Brunswick'') is the superior trial court of the Canadian province of New Brunswick. Structure The Court of King's Bench of New Brunswick consists of a Chief Justice among 17 judicial seats, plus a number of justices who have elected supernumerary status after many years of service and after having attained eligibility for retirement. This tally does not include the 8 judicial seats assigned for the family court. Former justices (including district) References {{Courts of Canada New Brunswick courts New_Brunswick New Brunswick (french: Nouveau-Brunswick, , locally ) is one of the thirteen provinces and territories of Canada. It is one of the three Maritime provinces and one of the four Atlantic provinces. It is the only province with both English and ...
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Sampson Salter Blowers
Sampson Salter Blowers (March 10, 1742 – October 25, 1842) was a noted North American lawyer, Loyalist and jurist from Nova Scotia who, along with Chief Justice Thomas Andrew Lumisden Strange, waged "judicial war" in his efforts to free Black Nova Scotian slaves from their owners, leading to the decline of slavery in Nova Scotia. Career After graduating with a Master of Arts from Harvard College in 1765, he studied law at Thomas Hutchinson's office. He became a barrister at the Massachusetts Superior Court in 1770. His home on Southack's Court (present-day Phillips Street) at Beacon Hill, Boston bordered on the properties of John Hancock, John Winthrop and John Phillips (mayor). A very successful trial lawyer, he worked with Josiah Quincy and John Adams and in defending British soldiers involved in the so-called Boston "massacre" a March 1770 confrontation in which British soldiers shot and killed several people while being harassed by a Boston mob. Considered a Loyal ...
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Charles Jeffery Peters
Charles Jeffery Peters (October 8, 1773 – February 3, 1848) was a lawyer, judge and politician in New Brunswick. He was born in Hempstead, New York, the son of James Peters, a United Empire Loyalist, and Margaret Lester. Peters came to Nova Scotia with his father in 1783. He studied law with Ward Chipman and was admitted to practice as an attorney in New Brunswick in 1794. He practiced law for a brief time in Kingston before returning to Saint John. In 1797, he married Elizabeth Baker. In 1799, Peters became common clerk of the city. Later that year, he was named deputy surrogate and probate judge for St. John County. In 1809, Peters was named judge in the vice admiralty court. He was named King's Counsel in 1823. Peters married Marianne Elizabeth Forbes that same year, after the death of his first wife. In 1825, he was named solicitor general and, in 1828, Peters became attorney general. In 1846, he was named to the province's Executive Council. Peters died near Frederic ...
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