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It is either interlocutory or final? Leggo further explained that "There are some cases of decrees wtiich, although they are final in nature, require the confirmation of a further order of the court, before they can be acted ~pon."~' He continued, pointing out cirwmstanœs where an order was required: decrees in suits involving infants, decrees where the bill is ordered to be taken pro wnfesso, decrees for foreclosure, and decrees issuing from suit for redemption of mortgage. Decrees encapsulated the judgment of the court and, unless further orders were required, brought the suit to conclusion. The functioning of Equity produced seventeen volumes of general decrees, one of the volumes being an index? Volumes are identified by alphabet letter and titles are simple, for example, DeCrees E. The titles and chronology of the first four books are confusing: Orders in Equrty 8 1 875-1 881 Index To Book C [1875-t 8791 Decrees in Equity C 1875-4 879 Mjnufe Book A 1 880-1 882 The remaining thirteen volumes follow in expected order and they span the years 1882 to 1898. The earliest decree volumes can best be understood in the order B, Cl A. Volume B has a front cover title of Queen's Bench Ordets in Equity B and a spine title of BR. Orciers. Equrty B. From Mar-5th. 1875 To Mar.3ûth. 1881. This is the only volume of the group that is titled "Ordersn and the terni is significant.
The book was used until February 15, 1879 (case number 45) to record prelirninary orders and orders that were incidental to actual proceedings in court. Volume C, entitled (front cover) Queen's Bench DeCrees in Equify C and (spine) BR. Decrees in E~uity Cl From Mar.3rd, 1875 To June ?, 1879, was used in paraIlel with Volume B until August 14, 1878 (case number 45). Volume C, however, recorded decrees ensuing from court proceedings and from adjudication of the main points at issue.23 Following decree 45 this parallel systern of record keeping was abandoned and Volume B temporarily fell into disuse. Volume C continued in use for al1 types of decrees. At this juncture, most of the cases were those of infants, and decrees generated from these filled the remainder of the book. When the last page had been cornpleted, Volume B was reclaimed. Decree 177 was entered, immediately following 45, and infantsJ decrees, for the rnost part, completed Volume B. At that point Volume A was brought into use.24 Its title is misleading for it reads: Minute Book A, From Nov.ZBth, 7880 To February 2r4 1882. Contents, though, are like that of C and the latter part of 6, and they reflect the dispensing of decrees during the period when a large number of infants' cases passed through the court. Volumes B and A are not indexed but C has a separate index in booklet form. During the early years of Equity's functioning, most court registers and ledgers were of the enormous variety (1 2 x 18 inches), thick and heavy. They did not always have selfcontainad index sections, and, when they didn't, separate, smaller indexes were prepared in booklet forrn. Sometimes these
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MANITOBA COURT OF QUEEN'S BENCH IN
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THE fr'NIVERSITY OF MANiTOBA FACULT
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Equity jurisdiction is studied in d
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Many people have influenced the wri
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een undertaken on records and recor
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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
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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
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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 and 102: Chaffey for Plaintiff. On motion of
Page 103: Equity rehearings is not discemible
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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