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A STUDY IN LEGAL ADMINISTRATION AND RECORDS SHARON ...

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law of England, to a decree for restitution of conjugal<br />

rïghts; and alimony, when decreed, shall continue<br />

until the further order of the court;<br />

1 7. The granting of relief against forfeiture for breach<br />

of covenant to insure, where no loss has been<br />

sustained, and where breach occurred through<br />

accident or mistake or otherwise, without fraud or<br />

gross negligence.<br />

A distinctive differenœ between the Equity and Law sides of Queen's<br />

Bench lay in the remedies at their disposal. Law could provide only "pst facton<br />

damages, that is, compensation after the injury was committed. Equity, on the<br />

other hand, had persuasive instruments at its disposal. lnjunctions were<br />

employed to direct action. One type of injunction "commanded a party to refrain<br />

from doing a particular act or thing."" A second type ordered a party to carry out<br />

a particular action. A decree of specific performance wmmanded that "the party<br />

guilty of a breach of contract undertake to perfom or to complete performance of<br />

his obligation under the contractnu<br />

The first Court of Queen's Bench opened October 8, 1872 with Chief<br />

Justice Alexander Morris presiding. He had been appointed in July, had<br />

travelled to Winnipeg, and was swom on August 14. Because piusne judges<br />

McKeagney and Bétournay were not swom until December, Morris presided<br />

over the first sitting alone. He formally closed the court on October 14, after<br />

announcing the new Queen's Bench Rules." Morris received his commission as<br />

Lieutenant-Governor of Manitoba and North-West Territories in December.<br />

Consequently, the second sitting of Queen's Bench, in January 1873, was

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