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this writing. The second section of the volume is the easier to comprehend. It was used to record minutes of proceedings of Queen's Bench En Banc from Hilary Terni, Febmary 5, 1883, to Trinity Terni, July 20, 1888." It is to this part of the book that the "index" refers. The "index" is not really an index, however. Untitled, it consists of six short lists of cases, possibly those slated to be heard during the following terms, or pefhaps those made "remanets" from previous tems.18 The six lists extend only from Trinity Terni, 1884, to Easter Terni, 1886, and they include only a small percentage of the cases heard. A few of the suits are designated "Equity Rehearing." These have been transferred from Equity & En Banc Court and the original references can be located in General Index, Equity. En Banc Record Book, 1888-97, bears no actual title, though a tom scrap glued to the front wver is worded "from [October 151 '88 to Dec.23. '97."19 This volume wntains appeal cases and it follows directly from the second section of Court of Queen's Bench, Manitoba, Tem Book [?]6 To Victoria . . . . The volume is indexed and, as with No.4, Reoistrar In EQUID! index, the "En alphabet letter section shows the entry "Equity sittings." But here the usage is different. The pages indicated simply show a statement such as "Equity sittings fixed for January 1 5, 1 895." In other words, the justices planned in advance the date for Equity hearings. Scattered throughout the record book are minutes of proceedings for actions transferred from Equity Q En Banc court. That these are
Equity rehearings is not discemible from the index. The researcher is obliged to locate them by leafing through the pages of the volume. The first rehearing occurred December 3, 1888 and was minuted thus: December 3rd, 1888. Balfour v Drurnrnond Equity Re.Hg. (2 appeals) Howell C. and Vivian for the Plaintiff. Hough for Drurnrnond. Muloch for Slaven. Culver for Williams. Perdue for Brathwaite. Wilson for Harvard and Van Worthe. Ptffs. appeal stands until Dfts. appeal heard. Mts. Slaver, Williams, Brathwaite, and Van Worthe appealing. Culver took up argument. Muloch took up argument. Court adjoumed until 12 o'clock. [The hearing continued next day with the following minutes:] Culver cited some authorities. [?] continued argument. C. P. Wilson took up argument. The prothonotary fell asleep. Equity proceedings produced four different types of decrees: decrees (general), decrees for sale (without reference), decrees with reference, and decrees for foreclosure. Master in Chancery William Leggo explained the decree: A decree is a sentence or order of the Court, pronounœd on hearing and understanding al1 the points in issue, and determining the right of al1 parties to the suit, according to equity and good conscience.
Page 1 and 2:
MANITOBA COURT OF QUEEN'S BENCH IN
Page 3 and 4:
THE fr'NIVERSITY OF MANiTOBA FACULT
Page 5 and 6:
Equity jurisdiction is studied in d
Page 7 and 8:
Many people have influenced the wri
Page 9 and 10:
een undertaken on records and recor
Page 11 and 12:
investigation of the one may be use
Page 13 and 14:
intellectual, among its parts. Shoe
Page 15 and 16:
The works of the preceding authors
Page 17 and 18:
Review (winter 1989); The Legal Arc
Page 19 and 20:
confomed to the wrong for which he
Page 21 and 22:
The wrnrnand was conveyed through a
Page 23 and 24:
often bound by judgments based on p
Page 25 and 26:
Nova Scotia originated as a "settle
Page 27 and 28:
The registrar, assisted by the exam
Page 29 and 30:
the closing of the court." In 1 899
Page 31 and 32:
official accounts from district fun
Page 33 and 34:
land ... which decreases the value
Page 35 and 36:
upgrading of record keeping systems
Page 37 and 38:
and judicial powen."= Macdonell, an
Page 39 and 40:
Settlement ... or by the Company to
Page 41 and 42:
the equity maxims and it may have b
Page 43 and 44:
of most former ofFicials. This syst
Page 45 and 46:
10. Curzon, 1. 1 1. Ibid., 15. 12.
Page 47 and 48:
45. Ibid., 3. 46. C. J. Shepard, "C
Page 49 and 50:
81. Gibson and Gibson, 48. 82. Ibid
Page 51 and 52: attention of the province's first a
Page 53 and 54: Johnson (he did not actually serve)
Page 55 and 56: The Chief Justice shall make niles
Page 57 and 58: and enjoyed. by any of Her Majesty'
Page 59 and 60: It was as a pari of the superior co
Page 61 and 62: law of England, to a decree for res
Page 63 and 64: the case of the numbered treaties h
Page 65 and 66: December of the sarne year. One of
Page 67 and 68: have an adequate and complete remed
Page 69 and 70: James A. Miller, appointed puisne j
Page 71 and 72: As the years progressed and court b
Page 73 and 74: prosecutions for the Eastern Judici
Page 75 and 76: may be entitled to by law .... nlû
Page 77 and 78: Benefits thus accrued to administra
Page 79 and 80: 1. Gibson and Gibson, 60-63. Notes
Page 81 and 82: 30. Gibson and Gibson, 143. 31. Ibi
Page 83 and 84: 62. 18 Canada Law Journal (1880): 5
Page 85 and 86: 93. Walker to Hon. J.A. Miller, Oct
Page 87 and 88: Chapter 3 Manitoba Court of Queen's
Page 89 and 90: That the Master shall enter in a Bo
Page 91 and 92: Macdonald v Bray 61 0 Macdonald v R
Page 93 and 94: are gathered together under the new
Page 95 and 96: John, Merchant, Deceased.' Under th
Page 97 and 98: Digits are "squeezed in" as though
Page 99 and 100: appointed to Queen's Bench in Equit
Page 101: Chaffey for Plaintiff. On motion of
Page 105 and 106: The book was used until February 15
Page 107 and 108: information about the general progr
Page 109 and 110: specific to each action. Handwritte
Page 111 and 112: letter sections, but five vowel sub
Page 113 and 114: Letters in the first volume begin N
Page 115 and 116: witnesses, where, from cirwmstances
Page 117 and 118: chronological facts of the case, na
Page 119 and 120: 8. Michele Fitzgerald, A Research G
Page 121 and 122: 29. Ibid., 101 . 30. Foreclosure Bo
Page 123 and 124: Conclusion Manitoba's Court of Quee
Page 125 and 126: circumstances of their creation. Th
Page 127 and 128: mandate and jurisdiction of the cre
Page 129 and 130: Appendix A Records of Court of Quee
Page 131 and 132: 0, bO~NmrrrrNNNCVNmCC)mmmCI)m~mmm(r
Page 133 and 134: Case files 6935-701 5 Case files 70
Page 135 and 136: Year ending December 31, 1877. E.B.
Page 137 and 138: J.H, lnkster - Extra Clerk to Queen
Page 139 and 140: A.C. Killam - Puisne Justice J.F. B
Page 141 and 142: J.F. Bain - Puisne Justice P.A. Mac
Page 143 and 144: PRIMARY SOURCFS Aichibald, Adams G.
Page 145 and 146: C lanch y, M. T. Frorn Memoty to Wn
Page 147 and 148: Great Britain. Court of Chancery. L
Page 149 and 150: Manitoba Free Press. April 2,1888;
Page 151 and 152: Rules of the Court of Queen's Bench
Page 153:
Wood, Hon. E.B., Han. J. Dubuc, and
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