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period of the settlement, executed the court's orders. The judicial system, developmental and somewhat informal, maintained a remarkable degree of stability through the uncertain years of 1868-1 870. In 1868, passage of the Rupert's Land Act provided for transfer of Hudson's Bay Company lands to the crown.'15 This presaged a transitionary period during which the Métis people, under the leadership of Louis Riel, attempted to secure their land holdings. In other cirwmstances their quest might have erupted into a bloody revolt. As it tumed out, the nrle of law continued throughout, albeit in changing and uncertain forrn. At least two factors were important in continuance of the law. First, the Rupert's Land Act had provided that "existing legal institutions" would extend until new ones were c~nstituted.~ The Council of Assiniboia held its last meeting October 30, 1869, but the General Quarterly Court held hearings to the end of the year, even after formation of Riel's provisional govemment in the autumn. Second, Riel's apparent objective of creating a legitimately govemed province meant that negotiation and documentation were the preferred vehicles for obtaining Manitoba's entry into the union. Although Riel was ffustrated in gaining entry on the terrns that he desired, his striving for legitimate means meant that the fledgeling province was spared the violence that might have been. A revised justice system began to take shape in January of 1870.~' Its structure was much like that of the previous system, even to the reappointment
of most former ofFicials. This system operated under Riel's Provisional Government. The old Petty Courts held hearings until the Provisional GovemmentJs new Petty Courts reptaced them. A District Court sat in July. But in August, at the threat of Wolseley's advancing troops, Riel fled Fort Garry. Early in September of 1870 Manitoba's first Lieutenant-Govemor, Adams Archibald, arrived to initiate the functions of the new province.
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 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: the equity maxims and it may have b
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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