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time. In 1981, the archives established a govemment records programme through which the creation and retention of govemment records were forrnalized and scheduled. During that year 8000 boxes and 1500 bound volumes, retrieved from various courthouses, were canveyed to the Provincial Archives. lncluded in this massive transfer were the records of Court of Queen's Bench in Equity. They comprised approximately 1 15 boxes of case files and 45 bound registers, materials whose creation had spanned the years 1872-1 895. Creation of the records depended upon legislation for its impetus. The fact that Equity was wnstituted as a part of Queen's Bench meant that it too would be a court of record. Records were identified in legislation which stated that the referee-in-charnbers was to have "full power to administer oaths, to take affidavits, to receive affirmations, and ta examine parties and witnesses, as the court may direct."' In this provision the administration of equitable justice was linked to the creation of particular foms of records.* The tradition of Equity Court record keeping had been well established in England for some centuries. The English style and often the English substance of Equity documents were introduced into Ontario's Equity Court and practised there until that court closed (1 881 ).' Upper Canada offcials had at their disposal numerous regulations and guides for the practice and administration of equity. The earliest publication of these regulations (1 837) described exactly how Court of Chancery records were to be kept:
That the Master shall enter in a Book, to be kept by him for that purpose, the name or title of every Cause or matter referred to him; and the time when the Decree or Order is brought into his office; and the date and description of every subsequent step taken before him in the same Cause or matter; and the attendance or non-attendance of the several parties on each of such steps, so that such Book may exhibit at one view the mole course of proceeding which is had before him in eacb particular Cause or rnatter7 This structured systern of record keeping was transferred to Manitoba by judges, Iawyers, and administrative officials who had trained and worked in Upper Canada. With the assistance of the regulations, officials introduced and re- established the OntarioIEnglish patterns that served the administration of equity. The functioning of Queen's Bench in Equity resulted in generation of several categories of records. These are described in Michele Fitzgerald's A Research Guide To Court Records in the Provincial Archives of Manitoba.' The categories are: General Index, Equity Registers of Pleadings Minutes of Proceedings Decrees Decrees for Sale (without reference) Decrees With Reference Decrees for Foreclosure Money Ledgers Administrative Correspondenœ (not exclusive to Equity) Case Files Case Files, Infants Judges' Notebooks (not exclusive to Equity) There are three judges' notebooks that include the reasonings and decisions for
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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
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confomed to the wrong for which he
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The wrnrnand was conveyed through a
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often bound by judgments based on p
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Nova Scotia originated as a "settle
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The registrar, assisted by the exam
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the closing of the court." In 1 899
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official accounts from district fun
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land ... which decreases the value
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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: Chapter 3 Manitoba Court of Queen's
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
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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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