The old Court House was costing too much to repair, so permission was obtained from the Provincial Legislature to authorize its sale.(78) At the October Term in 1857 the Court of Sessions "sanctioned the recommendation of the Grand Jury to build a new Court House at the Brook the following dimension, viz. - 40 feet long - 30 feet wide - height of parts 15 feet - the sills to be of pine not less than 9 or 10 inches square clear of sap - the rest of the frame to be either good sound pine or good sound spruce - the roof to be shingled with good pine shingles, and the walls or sides and ends of the building to be finished with good pine clap boards - the roof to have a projection of 18 inches - the Commissioners to make a plan and specification of the building, and to finishing of the outside and laying the floor - the floor to be double - first floor to be good Hemlock - the second floor 1 1/4 inch good spruce and the whole to be sold by tender and contract. Signed Hugh McDonald Custos."(79)
At a special Sessions of the Peace on February 8, 1858, Mr. Alexander McDonald's plan for the new Court House was accepted, and the site decided upon. It was moved and seconded "That the new Court House shall be built upon the present site of the old one, should the Deed of the same prove valid - Mr. Alexander McDonald to take the advice of a lawyer upon the said Deed and the Recorder to furnish the said Alexander McDonald with a true copy of the said Deed with the accompanying resolution to be laid before an attorney for advice upon the same. "
"That should the title of the site upon which the old Court House now stands, prove not to be in force or valid that the Commissioners for the new Court House are empowered by this meeting of the Sessions, to purchase a site in the most suitable place possible to erect the said building and as cheap as the same can be had. The site to be in Sherbrooke Village - Carried unanimously."(80)
The Trustees of the Court House for 1858 were John Hattie, Esq., Alexander McDonald and Jesse Cumminger. "The Court agreed that the Trustees or Commission should be empowered to borrow the amount due on the Court House to pay off the same.
Also that the Commissioners get the stove belonging to the old Court House and put it up in the new Court House - also to put a fence in front of Court House with a suitable gate."(81)
At the October Term for 1861 the Trustees appointed for the Court House and new Jail were John Hattie, Jesse Cumminger and Alexander N. McDonald.(82)