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Notes 1. Quebec private law is based on a civil law system. 'The private law is defined, essentially, as those areas of law in which the private interest is primarily involvedn while "public law is defined, essentially, as those areas of the law in which the public interest is primarily involved," such as constitutional law, administrative law, criminai law, and taxation law. Gerald L. Gall, The Canadian Legal System, 3d ed. (Toronto: Carswell, 1 990), 24-25, 49-51. 2. L.B.Curzon, EquQt, 33 ed. (London: Macdonald and Evans Limited, 1975).4-6. 3. J. H. Baker, An Introduction To English Legal History (London: Butterworths, 1 971 ), 1 9, and chapters 4, 5. 4. The term "common law" has more than one meaning. It can refer to the body of laws developed by itinerant medieval justices. It may mean law based on judicial decisions rather than Roman law. It can speak of judge-made law, as opposed to statute law. It may also designate the English Court of Common Law. S.M. Waddams, Introduction to the Study of Law, 56 ed. (Scarborough: Carswel l Thomson Professional Publishing, 1 971 ), 7 1 . 5. Baker, 78-82. 6. G.W. Keeton, An introduction to Equdy, 6" ed. (London: Sir Isaac Pitman and Sons Limited, 1966). 12-1 6. Plaintiff is defined as '[tlhe one who initially brings the suit; a person who brings an action. Also, a defendant who brings a wunterclaim will be considered a plaintiff as relating to his wunterclaim." John A. Yogis, Canadian Law Dictionary, 3rd ed- (New York: Barron's Educational Series, Inc.), S.V. 'plaintiff." Writ is defined as "a mandatory precept issued by the authority, and in the name of the sovereign or the state for the purpose of wmpelling a person to do something therein mentioned. lssued by the court or other competent tribunal, it is directed to the sheriff or other offÎcer authorized to execute the same." Yogis, S.V. "writ." 7. Baker, 103-1 05. 8. Frederic W. Maitland, "Equity, also, the forrns of action at common law: two courses of lectures," edited (Cambridge, England: University Press, 1909): quoted by Keeton, 21. 9. Henry Maine, Ancient Law, 9" ed. (London: John Murray, 1 909), 34.
10. Curzon, 1. 1 1. Ibid., 15. 12. Keeton, 237-41, 256. 13. Eric C.H. Owen, Equity Notebook (London: Butterworths, 1970), 2. 14. Keeton, 19-20. 15. Curzon, 9-1 0. 16. Ibid. 17. Baker, 48. 1 8. Bora Laskin, The British Tradition in Canadian Law (London: Stevens and Sons, 1969), 2. 19. Gall, 52. Courts with equitable jurisdiction existed in Nova Scotia, Upper Canada, Lower Canada, NeMoundland, British Columbia, and Manitoba. Nova Scotia and Upper Canada are treated here as they provide good exarnples of what would later develop in Manitoba. See Christopher English, "Newfoundland's Early Laws and Legal Institutions: from Fishing Admirals to the Supreme Court of Judicature in 1791 -1 792," Manitoba Law Journal 23 (1 996): 55; Murray Greenwood, " Lower Canada (Quebec): Transformation of Civil Law, from Higher Morality to Autonomous Will, 1 774-1 866," Manitoba Law Journal 23 (1 996): 132; Hamar Foster, "British Columbia: Legal Institutions in the Far West, from Contact to 1 871 ," Manitoba Law Journal 23 (1 996): 293. 20. James Townshend, "History of the Court of Chancery in Nova Scotia," Canadian Law Times 20 (1900): 14. Nova Scotia at the time included what later was separated as New Brunswick. Laskin, 54. 21. Laskin, 3. 22. Barry Cahill, "Bleak House Revisited: The Records and Papers of the Court of Chancery in Nova Scotia, 1751 -1 855," Archivaria 29 (1 989-90): 150. The date of issue for the letters of commission, 1749, differs from the forrnal date for reception of English law in Nova Scotia, 1758. The latter date coincides with the first sitting of the legislature. Laskin, 6. 23. Townshend, 1 5.
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 and 42: the equity maxims and it may have b
Page 43: of most former ofFicials. This syst
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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