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introduced a bill "for abolishing the Court of Chancery, and conferring Equity Jurisdiction on the Suprerne ~ourt.'" By this bill "al1 suits remaining in chancery, together with al1 the rolls, records, and proceedings of the court, ... [were to bel transferred to the supreme court.'" As archivist Bany Cahill points out. it is arguable whether the legisiature had the authority to do away with a body that had been instituted by "royal Commission and Instructions" from Westminster. That, however, did not halt passage of the act and temination of the Court of Chancery in Nova Scotia? The first records of the court were issued in 1751 and they continued to be produœd until temination of the court.16 Documents were bound into record books and manuscript volumes according to type, of midi there are several. Cahill refers, for example, to action books, minute books, docket books, M t books, books listing fees and costs, Chancev Rules of Practice A, and a commission book naming "Councellors and Sollicitors belonging to the Court of Chancery, and when app~inted."~' The records accumulated in the "Chancery room" at Province House. fhey weathered a fire there and a move to a new court building where they were stored in the basement, until a final move to the then Public Archives of Nova Scotia in the early 1930s. The suwival of the records was due to the efforts of a number of interestecl persons. Solicitor-General Charles Fairbanks initiated the first assembly of the materials in 1835? Thirty years later Prothonotary James Nutting arranged for John McGregor to continue his original organizing task after
the closing of the court." In 1 899 Judge Charles Townshend wrote "History of the Court of Chanœry in Nova Scotia," which was serialized in Canadian Law Times and later published as a monograph. The article helped to raise the profile of the tenninated court and its records." The survival of the records in such good order was due to the efforts of several meticulous record keepers. James Burrow introduced in 1773 the high standards that were to benefit both the creation and the preservation of d~curnents.~' James Gautier kept for twenty years "a systematic and thorough record of pro~eedings."~~ And McGregor, during two separate periods of tenure in the 1830s and 1860~~ arranged, classified, and rendered accessible the entire 1 751 -1 855 accumulation of Chancery Court records? There were differences between the record accumulations of Nova Scotia's Chancery Court and England's Chancery Court. Chancery Court operated in the Maritime colony for one hundred years, as opposed to the several hundred year duration of the court in England. The shorter period of time limited the numbers of documents that were produced. Nova Scotia employed the "dossief system of record keeping, a system by which 'al1 the papers in one action or matter are kept together in one wntinuous file from beginning to end? Conversely, England used the 'type" system in which "al1 the documents of a particular type [such as affidavits] are kept together in one continuous group."" The advantage of the Nova Scotia method lay in the easy availability of al1 documents pertaining to a single case. Thus, differenœs in 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 and 20: confomed to the wrong for which he
Page 21 and 22: The wrnrnand was conveyed through a
Page 23 and 24: often bound by judgments based on p
Page 25 and 26: Nova Scotia originated as a "settle
Page 27: The registrar, assisted by the exam
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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