Prothonotary's Office

Each court in the judicial system in Nova Scotia has an officer who is responsible for accepting the documents and forms which are submitted to the court in order to start, continue or complete a legal action. These officials are familiar with their court's forms and rules, and they assist litigants in properly preparing those documents. The documents are kept on file in a registry (usually in a court house) and may eventually accumulate as a complete record of the legal dispute. The officer's title varies: for the Nova Scotia Supreme Court it is the Protohonotary, and for the County Court, the Clerk of the County Court. Often the two offices were occupied by the same person. In England the office evolved from that of the chief or principal clerk or registrar in the courts of chancery, common pleas, and the King's Bench in the 15th century. Later the duties expanded to include making and keeping the records of other courts. In Nova Scotia one prothonotary is appointed for each county on the recommendation of the provincial government.
The court system in Nova Scotia can be said to have had its origins in the powers given in the commission issued to Governor Edward Cornwallis in Halifax on 6 May 1749. In that document the Governor was given plenary powers in judicial matters to establish courts of justice. This eventually led to the creation of the Supreme Court in 1754, which was centered in Halifax. In 1763 Cape Breton Island was formally annexed to Nova Scotia and was part of Halifax County until it was set apart as a separate county on 10 December 1765. It continued to be part of Nova Scotia until 1784, when it became a separate colony: while it was a separate entity it had a Lieutenant-Governor and a nominated council and its own Supreme Court. In 1820 it was re-annexed to Nova Scotia but retained its supreme court. From 1820 to 1835 Cape Breton County was co-existensive with Cape Breton Island. By a statue of 1835 (N.S. Statues, 1835, c.5) it was divided into three separate and distinct counties: Cape Breton, Richmond, and Juste Au Corps (later Inverness). In 1851 Victoria County was formed out of part of Cape Breton County. In 1874 the County Court Act was passed to create an intermediate trial court between the local courts and the supreme court, and Cape Breton County was included with Victoria and Richmond Counties as part of District # 7 of the County Court of Nova Scotia.