A STUDY IN LEGAL ADMINISTRATION AND RECORDS SHARON ...

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The staff of Queen's Bench included not only the judiciary but the "secretariat" as well. The Supreme Court Act had followed Nova Scotia's pattern in deterrnining the title for the court's chief administrative officer. The act declared, "The Clerk of the Court shall be styled the Prothonotary and shall be appointed by the Lieutenant-Govemor in Counci~."~~ Usually the prothonotary was a lawyer, or, at least, had sorne law training, for his duties extended beyond that of clerk. An important part of his work was "to attend upon the judges and perform al1 duties appertaining to any and al1 chamber and other business and proceedings."" A uitical responsibility lay with record creation and record keeping. This was made clear at the court's inception when Morris announced the rules: All ordinary Writs of Summons shall be retumed to and fyled with the Prothonotary of the Court ... There shall be a Record in each cause submitted to the Court for trial . . . The Record shall be entered with the Prothonotary of the Court . . . ." At the beginning, the secretariat, like the judiciary, consisted of one official. Therefore, the prothonotary carried out al1 of the duties required by the several courts. His title varied according to the function that he was serving at the moment. The act of 1880 explained: The clerk of the said court shall be styled "prothonotary," and "clerk of the crown and peace," or simply "clerk," and "master," according to the nature of the proceedings in the said court in which he shall intervene: in civil proceedings at law, "prothonotary" or "clerk"; in criminal proceedings, "clerk of the crown and peacen; in equity, "master ...."'
As the years progressed and court business increased, the secretariat was enlarged. In 1882, for example, the roster of court employees included a prothonotary, deputy prothonotary, two court stenographers, three clerks. a master in chancery, and an Equity records keeper? A position unique to Equity side of Queen's Bench was that of "master in equity." Frequently. this position, too. overlapped with others. The act of 1880 wnsidered Equity side at length and stated: The Lieutenant-Governor in Council may from time to time appoint, during pleasure, one Master in Equity for the Province of Manitoba, one accauntant, one referee in chambers (al1 of which offices may be held by one person) .... 87 The act explained the nature of the referee in chamber's responsibilities. These were quasi-judicial and, with certain exceptions, could be administered with the same authority as that of a judge sitting in chambers. The referee was em- powered to administer oaths, take affidavits, receive affirmations, and examine parties and witnesses. He wuld also make judicial decisions and issue orders. Daniel Carey, the province's first prothonotary, arrived in Winnipeg in 1872 and was named to his position the following year." He had studied law in Quebec and was bilingual. Thus, when it was necessary, Carey acted as court interpreter. He bore the burden of court administration alone until 1875 when an assistant was assigned to the prothonotary's office. Two years later two more assistants joined the staff." Ouring his tenure Carey was instrumental in the preparation of the first law reports to be published in the province. Written to
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MANITOBA COURT OF QUEEN'S BENCH IN
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THE fr'NIVERSITY OF MANiTOBA FACULT
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Equity jurisdiction is studied in d
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Many people have influenced the wri
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een undertaken on records and recor
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investigation of the one may be use
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intellectual, among its parts. Shoe
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The works of the preceding authors
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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: James A. Miller, appointed puisne j
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
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Conclusion Manitoba's Court of Quee
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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
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0, bO~NmrrrrNNNCVNmCC)mmmCI)m~mmm(r
Page 133 and 134:
Case files 6935-701 5 Case files 70
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Year ending December 31, 1877. E.B.
Page 137 and 138:
J.H, lnkster - Extra Clerk to Queen
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A.C. Killam - Puisne Justice J.F. B
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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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