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were tied into the bindings of their conesponding volumes, sometimes not. Volumes B, C, and A are of the large, heavy variety; C has its companion booklet index, whidi is not tied in. The index is simply titled Index To Book C. Alphabet letter sections of this index appear to be oriented to the infantsJ cases; pages are ruled horizontally into two parts, the upper part listing infantsJ suits, of which there are many, and the lower part listing plaintiffldefendant suits, of which there are few. The oveNvhelrning number of infants' listings may simply be an indication that this type of decree was the appropriate instrument for wncluding such suits. Of the 169 decrees indexed, 145 are infants' decrees. Volumes E to Q (there is no 0) are of the smaller size (9% x 14% inches) adopted around 1882. All titles incorporate the words "Record of Decreesn with beginning and ending dates. These handwritten decrses commence with the words "In the QueenJs Bench In Equity" until the end of 1895 (Volume P), after which they begin with "In the QueenJs Bench." Oniy two decrees in Decree Book Q have a conesponding style of cause in General Index, Equity. The remaining decrees were issued from civil cases heard by the amalgamated Queen's Bench. Although there are apparently no decrees extant from the first three years of EquityJs functioning, it would seem that the records are complete from that point onward. Decrees in Books E to Q deal with several matters, including lands and mortgages, fraudulent deeds, liens, and the staying of waste. Unlike minutes of proceedings, the decrees are extensive and detailed. They provide
information about the general progress of an action through the court system. A decree States the judgment or decision of the court, together with the consequemes of that judgment. The core paragraph of an Equity decree usually begins "This court doth order and decree that ...." Consequences follow, generally through instructions regarding disposition of the land or property at issue. The sequenœ of information to be found in decrees may include the style of cause (plaintiffs and defendant's names), date the decree was issued, a brief summary of the court decision and orders, date the decree was entered in the register, and signature of the administrative official. The second type of Equity decree, decree for sale, was created as a result of proceedings related to mortgage actions.25 Full legal description read, "Decree for sale, account taken by the registrar, with order for payment and delivery of posse~sion."~~ When the plaintiff filed a bill of cornplaint for payment of mortgage security, and the defendant failed to respond with answer or demurrer, the court made an account of moneys owed (usually on dorso side of the decree). If the defendant subsequently paid the moneys owed, the court "ordered and decreed that the said plaintiff do assign and convey the said premises free and clear of al1 incumbrances to the said Defendant .... n27 If payment was not forthcoming the court "ordered and decreed that the said premises be sold, either by public auction, tender or private contract ..." and the moneys due to the plaintiff be paid out of the sale. Three volumes of decrees for sale are extant, extending from 1882 to
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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
Page 9 and 10:
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
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land ... which decreases the value
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upgrading of record keeping systems
Page 37 and 38:
and judicial powen."= Macdonell, an
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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 and 104: Equity rehearings is not discemible
Page 105: The book was used until February 15
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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