The Supreme Court of Nova Scotia has its origins in the powers given to Governor Edward Cornwallis in the Commission and Royal Instructions issued in London on 6 May 1749. By that instrument, the governor was given plenary powers in judicial matters to establish courts of justice. In 1750, Cornwallis established the General Court, consisting of the Governor and Council. In 1754, the General Court was replaced by the Supreme Court, with Jonathan Belcher appointed first chief justice. During its first two decades the Supreme Court operated only at Halifax. However, between 1774 and 1816 a circuit system was established throughout the province, with individual circuit courts having all the powers of the court at Halifax. The Supreme Court began as a criminal court but soon assumed a civil jurisdiction as well. Its jurisdiction has continued to evolve over its long and complex history. The Supreme Court's procedure was codified with the passage of the Judicature Act in 1884. When acting as a court of original jurisdiction, one judge presided; as an appellate court, cases were heard by the full court sitting at Halifax. Amendments enacted in 1962, and effective in 1966, replaced this arrangement with a formally constituted Appeal Division of the Supreme Court, separated from the Trial Division, which was set up at the same time. In 1992 the Court Reform Act reconstituted the Appeal Division as a separate court - the Nova Scotia Court of Appeal.
Published
Fonds consists of: Series - Case files, Series - Judgment books, Series - Jury lists and venires, Series - Jury books, Series - Process books, Series - Writs of mesne process registers, Series - Foreclosure sales of property and goods books, Series - Executions and attachments registers, Series - Judges' notes and other material, Series - Docket books, Series - Index books, Series - Minute books, Series - Proceedings books, Series - Chambers books, Series - Chambers summons book, Series - Lawyers' court costs record books, Series - Fees charged and received registers, Series - Registers, Series - Warrants of attorney register, Series - Equity chambers books, Series - Court of Commissioners Summary Trial writs of execution, Series - Court for Divorce and Matrimonial Causes case files, Series - Divorce cause books
Series descriptions available.
Published
Series forms part of Supreme Court of Nova Scotia in Halifax County fonds and consists of case files that contain summonses, subpoenas, affidavits, briefs, exhibits (documentary evidence), pleadings, informations, indictments, motions, orders, transcripts of testimony, appeals, motion orders, rulings, verdicts, and other materials relating to civil actions and matters, as well as criminal prosecutions.
Published
Series forms part of Supreme Court of Nova Scotia in Halifax County fonds and consists of judgment books of decisions of the court in civil actions. Books provide names of the parties in the lawsuit, date of judgment, and amount of damages and/or costs awarded. Some books include a nominal index of plaintiff and defendant, showing the year and term in which each judgment was rendered and the file number.
Volumes 1-46 available on microfilm.
Published
Series forms part of Supreme Court of Nova Scotia in Halifax County fonds and consists of lists of persons qualified to serve as grand, petit, and special jurors, as well as some sheriffs' warrants (venires) to summon jurors.
Published
Series forms part of Supreme Court of Nova Scotia in Halifax County fonds and consists of jury books that provide lists of grand, petit, and special jurors who served. Books provide case number, juror's name, occupation, place of residence, and date served. Books are arranged alphabetically by jurors names.
Published
Series forms part of Supreme Court of Nova Scotia in Halifax County fonds and consists of process books that provide original process or writs (summons) commanding the defendant's appearance in an action. Books provide the date of issue, name of parties, amount, writ number, court, attorney, date and nature of return, and fees. Series is arranged chronologically.
Records transferred from the Sheriff's Office, Halifax, N.S., in 1987.
Published
Series forms part of Supreme Court of Nova Scotia in Halifax County fonds and consists of writs of mesne process books that provide writs issued subsequent to the first or original writ, prior to the writs of execution. Books provide date of issue, names of parties, amount, writ number, court, attorney, date and nature of return, and fees. Series is arranged chronologically.
Records transferred from the Sheriff's Office, Halifax, N.S., in 1987.
Published
Series forms part of Supreme Court of Nova Scotia in Halifax County fonds and consists of books that record forfeitures by mortgagors of equity by reason of default in payment of mortgage debt. Books provide date of auction, purchaser's name, and amount paid. Series is arranged chronologically.
Records transferred from the Sheriff's Office, Halifax, N.S., in 1987.
Published
Series forms part of Supreme Court of Nova Scotia in Halifax County fonds and consists of registers that record the issuance of writs of final process or the enforcement of the sentence in a judicial proceeding. Registers provide date of issue, names of parties, amount, writ number, court, attorney, date and nature of return, and fees. Series is arranged chronologically.
Records transferred from the Sheriff's Office, Halifax, N.S., in 1987.
Published
Series forms part of Supreme Court of Nova Scotia in Halifax County fonds and consists of judges' notes and notebooks relating to proceedings. Notes and books provide date, parties' names, presiding judge, brief description of proceedings, and comments and opinions relating to the case. Series also includes judges' returns on convictions, correspondence, news clippings, reports, decisions, evidence taken, and a minute book of meetings of judges of the Supreme Court (1892-1933).
Volumes are unsorted and in disarray, particularly v. 28.
Some records in v. 28 are mouldy.
Published
Series forms part of Supreme Court of Nova Scotia in Halifax County fonds and consists of docket books that provide a calendar of actions or matters for hearing or trial. Books provide case file number, action and proceedings taken, and attending lawyers. Books are indexed by plaintiff's and defendant's name. Series also includes a nominal and chronological index to causes (1875-1889) on microfilm. Series is arranged chronologically.
Records transferred from the Sheriff's Office, Halifax, N.S., in 1987.
Published
Series forms part of Supreme Court of Nova Scotia in Halifax County fonds and consists of indexes of cases, with references to praecipe books, minute books, and judgment books. Series is arranged alphabetically by plaintiff.
Some books are in poor condition.
Published
Series forms part of Supreme Court of Nova Scotia in Halifax County fonds and consists of minute books of the proceedings of criminal cases. Books provide the case name and a brief synopsis of events. Series is arranged chronologically.
Records transferred from the Sheriff's Office, Halifax, N.S., in 1987.
Published
Series forms part of Supreme Court of Nova Scotia in Halifax County fonds and consists of proceedings books that provide the case name, date, and brief notes on court proceedings. Volume 117 provides proceedings of criminal cases only and includes some copies of Commissions of Officers of the Court, with a scale of fees for various officials (1782-1785).
Books are in poor condition.
Records transferred from the Sheriff's Office, Halifax, N.S., in 1987.
Published
Series forms part of Supreme Court of Nova Scotia in Halifax County fonds and consists of chambers books that provide date, time, judge, parties names, brief description of case proceedings, and final judgment. Series is arranged chronologically.
Records transferred from the Sheriff's Office, Halifax, N.S., in 1987.
Published
Series forms part of Supreme Court of Nova Scotia in Halifax County fonds and consists of a chambers summons book that provides judges' orders. Book also provides parties' names, the date each order was issued, for whom order was obtained, for what purpose, and whether order was granted. Series is arranged chronologically.
Records transferred from the Sheriff's Office, Halifax, N.S., in 1987.
Published
Series forms part of Supreme Court of Nova Scotia in Halifax County fonds and consists of cost record books that provide lawyers' fees for each action taken on behalf of the litigant. Series primarily includes books for individual lawyers and firms, although there is also one large ledger with costs for a number of different lawyers. Most entries were approved by the prothonotary clerk, as was required by law, to prevent overcharging by lawyers. Earlier records are single leaves attached together for each lawyer, rather than booklets. Lawyers include: James W. Nutting, M.I. Wilkins, Edmund A. Saunders, and Mr. Wylde. Law firms include Meagher, Chisholm and Ritchie, and Shannon and Morse.
Published
Series forms part of Supreme Court of Nova Scotia in Halifax County fonds and consists of registers that provide actions taken in cases, the fees charged for each action, and the lawyer's name. Many entries, that were presumably settled, are crossed out and difficult to decipher. Series also includes a petty cash book for the court (1875-1876) and an accounts receivable ledger (1892-1896).
Published
Series forms part of Supreme Court of Nova Scotia in Halifax County fonds and consists of a register providing attorney's name, names of plaintiff and defendant, abstract of proceedings, and court fees charged. Later cases are assigned an alphanumeric classification. Cases are listed civil (jury or non-jury) or criminal. Series is arranged chronologically by year.
Records transferred from the Sheriff's Office, Halifax, N.S., in 1987.
Published
Series forms part of Supreme Court of Nova Scotia in Halifax County fonds and consists of a register that provides warrants of attorney for Supreme and County Courts. Register also provides case title, writ number, amount, date filed, and judgment date. Register includes an alphabetical index by plaintiff. Series is arranged chronologically.
Records transferred from the Sheriff's Office, Halifax, N.S., in 1987.
Published
Series forms part of Supreme Court of Nova Scotia in Halifax County fonds and consists of equity chambers books for cases before the Judge in Equity. Books provide date, case file number and title, order sought, lawyer, and whether granted. Series is arranged chronologically.
Records transferred from the Sheriff's Office, Halifax, N.S., in 1987.
Published
Court of Commissioners Summary Trial writs of execution for the seizure of assets and persons in cases of debt. Series also includes some summons and affidavits.
Published
Series forms part of Supreme Court of Nova Scotia in Halifax County fonds and consists of case files generated through divorce actions heard before the Court in Halifax and throughout the province. Although the specific content of case files varies over time and according to the individual circumstances they may include: petitions outlining the cause of action; notifications of service and the citations served; affidavits of appearance or non-appearance; subpoena compelling witnesses to appear and give evidence; transcripts of evidence given; documents recording the marriage sought to be dissolved; decisions and decrees issued through the court; and documents concerning issues of spousal or child maintenance and support. Files subsequent to 1901 are arranged using numbers assigned by the court Registrar upon receipt of a petition initiating the cause. Earlier files are arranged alphabetically by year.
Cause books maintained by the court Registrar are available and record the dispositions of all causes heard by the court.
[File list database available.](https://archives.novascotia.ca/divorce)