A STUDY IN LEGAL ADMINISTRATION AND RECORDS SHARON ...
A STUDY IN LEGAL ADMINISTRATION AND RECORDS SHARON ...
A STUDY IN LEGAL ADMINISTRATION AND RECORDS SHARON ...
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29. Ibid., 101 .<br />
30. Foreclosure Book A (G 2359), Foreclosure Book B (G 2360), Foreclosure<br />
Book C (G 2361 ), Foreclosure Book D (G 2362), Foreclosure Book E (G 2363),<br />
Court of Queen's Bench in Equity, PAM.<br />
31 . Ibid., 98.<br />
32. Redemption is defined as "A right possessed by the mortgagor upon<br />
payment of the mortgage to regain legal title to the property. 'This equity of<br />
redemption is an estate in land and the person entitled to it is in equity the<br />
owner of the land.' Fletcher v. Roden (1882), 1 O.R. 155 at 160 (Ch-D.)."<br />
Yogis, S.V. "redemption." Foreclosure is defined as 'Generally, the temination<br />
of a right to property. When there is a default by a mortgagor in a mongage<br />
agreement, the right to foreclosure arises, but only if there is a forfeiture by a<br />
breach of condition. The foreclosure proceeding itself is any proceeding by<br />
which the mortgagor's equity of redemption is baned or extinguished beyond the<br />
possibility of recall, thus vesting the property absolutely in the mortgagee."<br />
Yogis, S.V. "forecl~sure.~<br />
33. Praecipe Record Book With Refisrence A (G 2005), Decree Book With<br />
Reference B (G 2445), Decree Book Wrth Reference C (G 2446), Decree Book<br />
Mth Reference D (G 2447), Court of Queen's Bench in Equity, PAM.<br />
34. As mentioned above, Prothonotary Daniel Carey was hired (1872) on a<br />
salary plus "al1 the fees he collected from litigants, up to a total of 500 pounds."<br />
The subject of fees reoccurred three years later, when, about Febmary 10,<br />
1875, the court passed a series of rufes numbered 1-1 7. The fourteenth rule<br />
provided a tariff of fees for Equity side of Queen's Bench. Further rules 18-34<br />
were passed November 27, 1880. They applied generally to Law and Equity. A<br />
printed wpy of these rules, dated 1882, credits the author, "Compiled by G.H.<br />
Wal ker, Prothonotary." Campbell, Manitoba Bar News: 1-3.<br />
35. Money Ledger No.1 (G 26961, Money Ledger No.2 (G 2699). Cash (G 2702),<br />
Court of Queen's Bench, PAM.<br />
36. Wal ker was responding to an enquiry regarding the practices, procedures,<br />
and record keeping systems in use in Manitoba. Geoffrey Walker to Chief Clerk<br />
of the Supreme Court of Newfoundland. January 12, 1900, Letter Book (G<br />
271 7): 48-51, Court of Queen's Bench in Equity, PAM.<br />
37. See Appendix C, "Directions for Copying Letters, etc." Courtesy archivist<br />
Elizabeth Blight, PAM.