A STUDY IN LEGAL ADMINISTRATION AND RECORDS SHARON ...

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Abstract The Manitoba Court of Queen's Bench in Equity began to administer justice in 1872. Functioning as a "siden of Queen's Bench, Equity resolved civil disputes on the basis of faimess and good conscience. lt complemented wmmon law, but unlike that branch, it was not bound by precedent. Rather it employed flexible remedies such as injunctions and orders for specific performance. The operations of Equity generated a quantity of records that is valuable for its unique reflection of the court systern and of the society from which that system sprang. This thesis postdates that Manitoba's Equity records were created to serve the administration of equitable justice, that equitable justice is based on the underlying need for equity, and that the need for equity has coursed through many centuries of Western judicial history. The thesis argues that equitable treatment has been applied in a continuously evolving court environment, and that equity remains today a critical element in the justice system These posits are explored through three main thernes. First, the thesis examines the development of equity in the English court of common law, and, later, in the court of Chancery. Equity's transference to Canada and Manitoba is identified and examined as a carrier of Engtish law, and as a court system capable of adaptation. Second, the thesis considers the early histories of Manitoba's Court of Queen's Bench and Court of Queen's Bench in Equity.
Equity jurisdiction is studied in detail, and the personnel associated with the two sides of the court are profiled. Last, the thesis focuses on the records thernselves. Their organization and interrelationships, ernbedded in the record keeping systems, are analyzed. The records' physical characteristics are scrutinized for dues to the original creation and retention of the documents. This threefold thematic inquiry is based on and inspired by the contextual approach in archival studies. The contextual approach embodies concepts whose utilization empowers archivists and users of archives. This approach emphasizes the importance of knowledge of the nature and evolution of administrative structures. It stresses understanding of the functions of institutions, their record keeping systems, and the individual documents created on those systems. This information enables and promotes better understanding and archival administration of records such as those of the Manitoba Court of Queen's Bench in Equity. iii
Page 1 and 2: MANITOBA COURT OF QUEEN'S BENCH IN
Page 3: THE fr'NIVERSITY OF MANiTOBA FACULT
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 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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