Subfonds RG6.3-sf2 - County Court of Queen's County

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County Court of Queen's County

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  • Textual record

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CA PCA RG6.3-RG6.3-sf2

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  • 1873-1942 (Creation)

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2.25 m. of textual records

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This sous-fonds consists of the legal and administrative records of the County Court of Queen's County spanning the years 1873 to 1942. This sous-fonds is divided into four series: minutes, judgments, Insolvent court, and judges' records.

The legislation of 1873 divided the County Court of Queen's County into six circuits with sessions being held in Clifton, Bonshaw, New Glasgow, Ten Mile House, Eldon, and Charlottetown in February, April, June, August, October, and December each year. In 1878, the June sitting of the Court was abolished. In 1940, the number of circuits was reduced to two. Charlottetown became the seat of the 1st circuit. In 1963, the County Court of Queen's County was reduced to one circuit before being abolished in 1975. (See legislation for more specifics of changes in location and sitting of each circuit court.)

The Judge of the County Court of Queen's County appointed a chief clerk for the Court as well as an assistant clerk for each circuit. The chief clerk's office was located in Charlottetown while the assistant clerks had offices in their respective districts. The duties of the chief clerk and assistant clerks included keeping minutes of court sittings and minutes of judgments; issuing, signing, sealing and filing all writs and papers; recording all causes, rules, and orders; administering oaths; keeping books registering Causes, Rules, and Orders made and other proceedings; taking charge of and keeping account of all Court fees and fines payable or paid into Court and making a return to the Provincial Treasurer every three months; and swearing an affidavit of validity of records. At the end of each court session, the assistant clerks forwarded all original documents to the Chief Clerk while keeping copies for himself. The Chief Clerk was then responsible for auditing the original documents. In 1889, the Office of Chief Clerks of the County Courts were abolished and the Assistant Clerk of Charlottetown assumed duties of Chief Clerk of Queen's County as well as retaining his own duties. The audit of accounts of the assistant clerks was then undertaken by the clerk of the 6th circuit, Charlottetown. The Judge of the County Court audited the records of the clerks of the 6th circuit.

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