A STUDY IN LEGAL ADMINISTRATION AND RECORDS SHARON ...

Notes
1. Statutes of Manitoba, 1871, c.2, s.3. Clerk is defined as "an officer of the
court who keeps records, issues subpoenas and other documents [and acts as]
a judge's research assistant." Canadian Oxford Dictionary (1 998).
2. Statutes of Manitoba, 1874, c. 12, s.2. At the beginning Manitoba's courts
might easily have adopted French procedures. A number of the first lawyers to
arrive in the province came frorn Quebec. During the first court sitting Chief
Justice Morris was faced with two conflicting procedures, French and English.
He apparently favoured the English, for he wrote to Macdonald, "Fortunately, the
legislature here adopted English practice and English law, and I have quietly
enforced both, and have carried with me the French bar." Gibson and Gibson,
98.
3. The province's first courthouse was located inside the walls of Upper Fort
Garry. Chief Justice Morris' court sat in a srnali wooden structure relocated
outside the walls of the fort. The next courthouse, erected on Main Street in
1874, served also as jail and legislature. In 1883 an architecturally designed
brick edifice on Kennedy Street became the new seat of Queen's Bench. This
served the court's needs until 1894 when an extensive addition was wmpleted.
The present Winnipeg Law Courts Building on Broadway opened in 1916.
Gibson and Gibson, 24, 32, 109-1 10, 142, 182,222.
4. Statutes of Manitoba, 1 885, c. 1 5, s.55.
5. An affidavit is defined as "a written statement in the name of a penon known
as the deponent who signs and swears to its veracity; a written statement made
or taken under oath before an officer of the court or a notary public or other
person who has been duly authorized to certify the statement." Yogis, S.V.
"affidavit."
6. Taylor describes ail of the English proœdures that are to be abrogated with
the printing of his book. Taylor and Rae, General Ordes of the Court of
Chancery Wth Notes and Forms, 1865, AMLJH, PAM.
7. Upper Canada Court of Chancery, Orders for The Regulation of the Practice
and Proceedings of The Court of Chancery of Upper Canada, 1837, 9.33,
AMLJH, PAM.