A STUDY IN LEGAL ADMINISTRATION AND RECORDS SHARON ...

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society. A corpus of rules foms, often originating in a judge's sense of faimess, reasonableness and good conscience, to "fil1 in the gaps" in the strict literalness of the law.lo These rules are not a complete system of law, but stand as a comptement to it. Application of the maxims of equity mediates the harshness of the law. These principles (collected in the eighteenth century) are characterized by humaneness and cornmon sense. Their "&teningn and sensible qualities may be seen in the following examples: He who wmes to equity must corne with clean hands; He who seeks equity must do equity; Equity does not suffer wrongs to be without a rernedy; Equity acts on the conscience; Equitable remedies are discretionary; Delay defeats equity; Where there are equal equities the first in time prevails. ' l The Court of Chancery was, frorn the beginning, strongly associated with the person of the chancellor who. as a member of the king's council, had considerable power and authority. He played a key role for the wmmon law courts as head of the Chancery office, which issued their original writs. The chancellor bemme an approach to justice for citizens who had been wronged and muid not obtain satisfaction through the courts of common law. An appeal to the chancellor did not require a writ. An injured party simply petitioned the chancellor with a "bill," which could even be communicated verbally and later, at court, committed to writing. A wpy of the bill was issued to the defendant, together with a command to answer to the wmplaint.
The wrnrnand was conveyed through a specialized f on of writ, the 'writ of subpoena," devised by Chancery about 1350. This differed from a common law writ. An injured party bore the responsibility for obtaining a common law writ in order for an action to commence. Responsibility for a writ of subpoena, however, lay with the Court of Chancery. The subpoena, served by the court in the name of the king, ordered the defendant to appear, under penalty of a specified money forfeiture. Failure to appear automatically placed the defendant in debt for the stated amount. Chancery also introduced two other important written procedures that facilitated the administration of justice. The affidavit was (and is) a written statement, given under oath and witnessed by a person, such as an officer of the court or a notary public, authorked to certify such a statement. The afFidavit enabled testimony to be taken as a written document, rather than as an oral account- It was later to result in the accumulation of thousands of such records in the Public Record Office in England. Sirnilarly, the interrogatory made its appearance as a written rendition of evidence. It cansisted of a forma1 Iist of questions that the plaintiff and defendant required to be answered from each other or from witnesses. Two or more persons were commissioned to gather the evidence, which, in this way, could be obtained even from distant locations. Judges at common law directed their efforts towards seeking redress for the plaintiff. In contrast, the Chancellor sought to cleanse the conscience of the
Page 1 and 2: MANITOBA COURT OF QUEEN'S BENCH IN
Page 3 and 4: THE fr'NIVERSITY OF MANiTOBA FACULT
Page 5 and 6: Equity jurisdiction is studied in d
Page 7 and 8: Many people have influenced the wri
Page 9 and 10: een undertaken on records and recor
Page 11 and 12: 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
Page 17 and 18: Review (winter 1989); The Legal Arc
Page 19: confomed to the wrong for which he
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
Page 31 and 32: 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 and 104:
Equity rehearings is not discemible
Page 105 and 106:
The book was used until February 15
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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