A STUDY IN LEGAL ADMINISTRATION AND RECORDS SHARON ...

and enjoyed. by any of Her Majesty's Superior Courts
of Common Law, at Westminster or by the Court of
Chancery, at Lincoln's Inn, in Englandm2?
Law, Equity, and Probate maintained separate jurisdictions. In certain
respects, however, the three were interrelated and their functions sometimes
overlapped. Law had jurisdiction over civil and criminal matters, but in some
instances civil cases could be referred to Equity. Probate or Surrogate Court
had authority in rnatters related to wills. This authority was defined in an act of
Al l jurisdiction and authority, voluntary and
contentious, in relation to matters and causes
testamentary, and in relation to the granting or
revoking probate of wills and letters of administration
of the effects of deceased persans having estate or
effects in Manitoba ... this provision shall not be
constnied as depriving the court of Queen's Bench,
equity side, of jurisdiction in such matters2'
The act made it clear that probate jurisdiction was also vested in the equity side
of Queen's Bench. The act defined and also devolved surrogate or probate
jurisdiction to judicial district level. Through the ad separate surrogate courts
were established, to be presided over by judges of the judicial districts.29
The interrelationship of Law, Equity, and Probate was accentuated by the
fact that, in Manitoba, the court was composed of a very small number of judges.
The chief justice and two puisne judges served the province's Queen's Bench
and County Court needs until 1882." That year full-time County Court judges
were appointed. Even sol there was still an existing backlog of cases and this
mushroomed dramatically during 1882-83.~' (Writs were issued for 735 cases in