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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.

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