A STUDY IN LEGAL ADMINISTRATION AND RECORDS SHARON ...

Nova Scotia originated as a "settled" wlony and, as such, its legal
existence was established by means of specialized letters issued by the British
go~emrnent.~ Through these letters the power of the Crown in right of the
wlony was vested in the new governor. The letters canveyed the executive
power and authority of the Crown, including prerogative rights, to the governor.
In this way 'existing British legislation and English judge-made law became, so
far as applicable or so far as by reason of local cirwmstanœ they are not
inapplicable, part of the lad of Nova S~otia.~'
The commission to Govemor Cornwallis in 1749 gave him 'pcwer to
establish courts 'for the hearing and detemining al1 causes as well Criminal as
Civil according to Law and ~quity.'"~ Jurisdiction was somewhat unclear. but
apparently one general court was to be fomed, which had jurisdiction over
wmmon law, civil and criminal, as well as equity? Govemor and councillors
were to preside over the court. The confusion of jurisdiction led to reform in
1764 when the Court of Chancery separated from the council. From that time
the governor acted as chancellor.
Chancery handled 'quitable mattersn such as "guardianship or lunacy
and where the title to real estate had been litigated.n24 It also functioned as a
court of appeal and had power to retry actions that had already proceeded
through the Supreme Court of Nova Scotia. Like the Supreme Court of Canada
prior to 1949, the Nova Scotia Chancery Court represented the last court of
appeal before the Privy Council of Eng~and.~'