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lack of a police force seriously hampered maintenance of law and order." These and other challenges complicated Archibald's primary task Hidi was to establish a govemment for the new province. Letters patent issued at Ottawa and recorded July 28 and 29, 1870, appointed Archibald as Lieutenant-Governor of Manitoba and the North-West Territories and authorized him to organize "part of the said Territories into a Province, and for the establishment of a Govemment ...."12 He amved at the nascent settlement of Winnipeg and proclaimed the new govemment September 6, 1870. '3 Archibald forrned a small executive council by appointing a provincial treasurer and a provincial secretary. He then toak preliminary steps towards holding an election. The first essential, a census of the population, was completed in December. Archibald oversaw drawing of the electoral division boundaries and then called the province's first election. Twenty-four members were retumed, equally divided between French and ~nglish." The first parliament opened Mar& 15 and remained in session until May 3. Organization of elections continued to be part of the duties of lieutenant- governors. A.G. Archibald and his successor, Alexander Morris, in addition to their neutral participation in implementing elections, played prominent roles as administrators of provincial affairs. Later lieutenant-govemors had less responsibility as administrators, particularly when premiers began to undertake more of the duties attendant upon ninning the province. Seven lieutenant- governors represented the Queen from 1 870 to 1 895: A. G. Archibald, F. G.
Johnson (he did not actually serve), Alexander Morris, J. E. Cauchon, J-C. Aikins, J. Schultz, and J-C. Patterson. Five premiers served during the period. including Marc Girard. who held office for a short time in 1874. RA. Davis (1 875-78) followed Girard. During DavisJ tenure the upper chamber of the legislature went out of existence (1876). John Norquay, the province's only Métis premier, took the helm of govemment in 1878 and held the position nearly tan years. After D.H. Hanison's bief stînt. Thomas Greenway began his decade-l ong tenure as Manitoba's premier (1 888). Each of the premiers named an attomeygeneral to act as the chief law officer of the Crown. Henry J. Clarke served four years as the first attomeygeneral. Joseph Dubuc was named by Marc Girard as the crown's prosecutor (1 874). Joseph Royal became attomey-general under R.A. Davis (1 876-781, though Davis abolished the office for a period of time in order to Save rn~ney.'~ It was Royal who would dismîss the province's first prothonotary, Daniel Carey? D.M. Walker, chosen by John Norquay (1878)' served until his judicial appointment to the Western Judicial District at Brandon (1 882).17 A.M. Sutherland was followed by J.A. Miller (1 883), C.E. Hamilton (1 884), L. W. Coutlee (1 886), Joseph Martin (1888), and Clifford Sifton (1 891 ). Under the collective aegis of the attomeysgeneral, court and judicial records were created, retained, and finally became known as the "Records of the Attorney-General." These records were generated as a result of the functioning of the province's judicial system. That system was constituted by the first parliament,
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 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: attention of the province's first a
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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