A STUDY IN LEGAL ADMINISTRATION AND RECORDS SHARON ...
A STUDY IN LEGAL ADMINISTRATION AND RECORDS SHARON ...
A STUDY IN LEGAL ADMINISTRATION AND RECORDS SHARON ...
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The Chief Justice shall make niles to regulate the<br />
practice of the Court, and the fees of the<br />
Prothonotary, Attorneys, Sheriff, and other officers<br />
thereof, and shall prescribe the forms of proceeding<br />
to be used therein; but until such rules are made, the<br />
practiœ and proceedings shall be regulated by the<br />
niles in force in England at the time of the transfer of<br />
this Province to Canada, in so far as such rules can<br />
be applied to the circumstances of the ~rovince?<br />
The Supreme Court, as established by the act of 1871, never<br />
wnvened. The a d had stipulated, however, that General Quarterly Court<br />
should continue, with full powers, until a chief justice was appointed. But<br />
the federal govemment delayed appointing a judge for more than a year.<br />
Francis G. Johnson, former Recorder of Rupert's Land, who had been<br />
persuaded to return to Manitoba in October 1870, carried out the<br />
functions of the General Quarterly Court until May 1872." Arnong other<br />
things, Johnson drafted the regulations for the province's first eledion.<br />
The Legislature amended the Supreme Court Act in 1872 to<br />
rename the court as 'Court of Queen's Bench." The province's first Chief<br />
Justice, Alexander Morris, was appointed July 2, 1872. He served in that<br />
capacity only untif December when he took the position of Lieutenant-<br />
Govemor? Puisne Justices J.C. McKeagney and Louis Bétoumay were<br />
appointed on October 7 and 31 respectively, and swom during<br />
De~ernber.'~ The first sitting of Court of Queen's Bench, Manitoba, took<br />
place October 8, 1872, with Chief Justice Morris presiding, since<br />
McKeagney and Bétoumay had not yet arrived to take up their positions.