A STUDY IN LEGAL ADMINISTRATION AND RECORDS SHARON ...

1 881 , 2874 in 1 882. and 5800 in 1 883.) Finally. the Dominion Govemment
rewgnized the problem and in 1884 a fourth justice was appointed to the Court
of Queen's Bench.
The first years of the court were, in some respects. developmental.
During the early period one or more justices constituted a quorum and the court
could continue with proceedingsn If the court sat as a court of error and
appeal, however, two or more judges were required for a quorum? In 1876 an
act of the legislature specified that Queen's Bench meet four tems per year and
that the justices sit "in banc(o)," that is, two or more judges on the bench, during
these terms. For matters that arase between tems it was provided that any
justice could "[sit] alone in chambers, during term time, or during the interval
between the said terrns" and could "hear, determine, and finally dispose of any
issues that may be thereupon joined ...."-
Court of Queen's Bench received authority to act as an appellate court
through the Supreme Court Act (1 871 )." The court was mandated with "original
(with a single judge) and appellate (with the court sitting en banc) jurisdiction.""
Higher appeals had to be taken to the Judicial Cornmittee of the British Privy
C~uncil.~' However, in 1875, creation of the Supreme Court of Canada provided
for such appeals to be made to that court. In Manitoba a separate Court of
Appeal was fonned in 1906 and the appeal jurisdiction of Queen's Bench
transferred at that tirne? At the inferior court level appeals were perrnitted from
County Court to Queen's Bench in cases involving more than $40.00.