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A STUDY IN LEGAL ADMINISTRATION AND RECORDS SHARON ...

A STUDY IN LEGAL ADMINISTRATION AND RECORDS SHARON ...

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The Supreme Court Act created a twa-level judicial system, each<br />

level having its partiwlar jurisdiction. Superior court level comprised<br />

Law, Equity, and Probate courts, each, in tum, having its own jurisdidion.<br />

lnferior court level consisted of the Petty Sessions. The latter took the<br />

place of the earlier Petty Courts which had had jurisdiction over "petty<br />

offences which do not involve any other than a pecuniary fine.n24 In 1872<br />

Petty Sessions were abolished and County Courts established in their<br />

stead. These would serve the minor court needs of the province for<br />

another century.<br />

The act of 1874 gave ctear definition to the jurisdidion of the<br />

superior courts.25 Court of Queen's Bench was rnandated with civil and<br />

criminal jurisdiction. Practice was to be the same as that of England as of<br />

Juiy 15, 1870, unless it was changed by an act of the legislature. The<br />

court was "to detemine matters relative to property and civil rights," but<br />

decisions were not to affect civil rights acquired under the laws of<br />

Assiniboia. Significantly, the court's recording authority was stated<br />

contiguously with its civil and criminal authorities?<br />

The said Court of Queen's Bench, being a Court of<br />

Record and possessing original and appellate<br />

jurisdiction, shall possess and exercise al1 such<br />

powers and authorities as by the laws of England are<br />

incident to a Superior Court of Records of Civil and<br />

Criminal jurisdiction, in al1 matters, Civil and Criminal,<br />

whatsoever, and shall have, use, enjoy and exercise<br />

al1 the rights, incidents and privileges as fully to al1<br />

intents and purposes as the same were on the day<br />

and in the year aforesaid possessed, used, exercised

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