A STUDY IN LEGAL ADMINISTRATION AND RECORDS SHARON ...

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Table of Contents -. Abstract ...................................................................................................... II Acknowledgements .................... . ......................................................... v Introduction ................................................................................................. 1 Chapter 1 .................................................................................................... 1 1 Equity in the Courts of England. Colonial Canada. and the Red River Settlement to 1870 Chapter 2 .................................................................................................... 43 Manitoba Court of Queen's Bench in Equity, 1872-1 895: Organization, Function, and Personnel Chapter 3 .................................................................................................... 80 Manitoba Court of Queen's Bench in Equity, 1872-1895: The Records Appendix A .................................. ., .......................................................... 122 Records of Court of Queen's Bench in Equity, 1872-1 895 Appendix B ................................................................................................. 127 Court of Queen's Bench Personnel, 1872-1 895 Appendix C ................................................................................................. 135 Directions for Copying Letters Bibliography ............................................................................................... 136
Many people have influenced the writing of this thesis. l would particularly like to express rny gratitude to Dr. Tom Nesmith. His enthusiasm and knowledge have prompted my interest and research in the field. His sense of perspective and unfailing support have been significant to the continuing work and eventual completion of the project. I would like to thank Manitoba Provincial Archives staff, who have facil itated my work through their willing accommodation of numerous research requests. Also of great assistance has been the efficient service of library staffs: Legislative Library of Manitoba, Law Courts Great Library, and University of Manitoba Iibraries, including the E.K. Williams Law Library, Robson Hall. I sincerely appreciate the good advice and ongoing encouragement provided by fel low archival students and archivists. I would like to recognize the contribution of my family. lmmediate family members have, for years, show their generosity, tolerance and good humour. Extended family have unstintingly cheered my efforts. These supports have been very important and I am grateful for them.
Page 1 and 2: MANITOBA COURT OF QUEEN'S BENCH IN
Page 3 and 4: THE fr'NIVERSITY OF MANiTOBA FACULT
Page 5: Equity jurisdiction is studied in d
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 and 52: attention of the province's first a
Page 53 and 54: Johnson (he did not actually serve)
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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