A STUDY IN LEGAL ADMINISTRATION AND RECORDS SHARON ...

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though technically legal. Equity is valuable in cases of breach of contract, where its remedy of compelling specific performance can bflng about a fair resolution. Where a contract has been signed, and it is discovered that the parties' interests have been misrepresented, equitable judgment can be brought to bear in having such a contract annulled. The application of equity in the modem court allows fairness and good conscience to overcome complex legal rules. Equity originated as a general concept embracing faimess and impartiality. Early judges employed its principles to mediate the strictutes of the common law. In the Middle Ages equity evolved into a distinct court, which eventually became mired in its own rigidity. The institution of Equity was transported to several wuntries through the vehictes of calonialization and settlement. Equity entered the Canadian North-West via a business venture, and later was constituted as a side of Manitoba's superior court. Finally, Equity became unserviceable as a separate entity, and it was reintegrated with Cornmon Law to fom the new Court of Queen's Bench. Equity had corne full circle and its ancient role, dispensing fair justice, had been reclaimed.
1. Gibson and Gibson, 60-63. Notes 2. Adams G. Archibald to Robert Pither, November 27, 1870 (MG12 Al, ltem 1 le), Adams G. Archibald Papers, PAM. The "MG" number is a location code at Provincial Archives of Manitoba. 3. J.S. Dennis, Ottawa, to Adams G. Archibald, March 22, 1871 (MG1 2 Al, ltem 2281, Adams G. Archibald Papers, PAM. 4. Chester Martin, 'Dominion Lands" Policy, ed. Lewis H. Thomas (Toronto: McClelland and Stewart Ltd., 1 973), 1 7. 5. Arch ibald McDonald, C hief Trader, Hudson's Bay Company, Fort Qu'Appelle. to Adams G. Archibald, Febmary 24, 1871 (MG12 Al, ltem 200), Adams G. Archi bald Papers, PAM. 6. Reta Shore, ed., Ten Dollars and a Dream, (Steinbach: ParkhilllCheval Community Club, n-d.), 122. 7. D. N. Sprague, Canada and the Métis, 1869-1 885 (Waterloo: Wilfred Laurier University Press, 1 988), 8-9. 8. Adams G. Archibald, Ottawa, to H.L. Langevin, Minister of Public Works, Ottawa, August 6, 1870 (MG1 2 Al, ltem 1 O), Adams G. Archibald Papers, PAM. 9. Joseph Howe, Secretary of State for the Provinces, to Adams G. Archibald, November 4, 1870 (MG1 2 Al, ltem 77), Adams G. Archibald Papers, PAM. 10. Joseph Howe to Adams G. Archibald, June 15, 1871 (MG1 2 Al, ltem 359), Adams G. Archibald Papers, PAM. 1 1. Joseph Howe to Adams G. Archibald, October 24, 1870 (MG1 2 Al, ltem 55), Adams G. Archibald Papers, PAM. 12. J-C. Aikins, Secretary of State and Registrar General of Canada, to Adams G. Archibald, Jul y 28 and 29, 1 870, Records: Register of Letters Patent (MG 1 2 Al ), Adams G. Archibald Papers, PAM. 1 3. K. G. Pryke, "Adams Ar& i bald, " Dictionary of Canadian Biography 1 2 (1 988).
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MANITOBA COURT OF QUEEN'S BENCH IN
Page 3 and 4:
THE fr'NIVERSITY OF MANiTOBA FACULT
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Equity jurisdiction is studied in d
Page 7 and 8:
Many people have influenced the wri
Page 9 and 10:
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
Page 15 and 16:
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 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: Benefits thus accrued to administra
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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