A STUDY IN LEGAL ADMINISTRATION AND RECORDS SHARON ...
A STUDY IN LEGAL ADMINISTRATION AND RECORDS SHARON ...
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