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Full-Text Articles in Legal History

An Historical Review Of Nova Scotia Legal Literature: A Select Bibliography, Shirley B. Elliott Oct 1984

An Historical Review Of Nova Scotia Legal Literature: A Select Bibliography, Shirley B. Elliott

Dalhousie Law Journal

Expressed in simplest terms Nova Scotia law, generally speaking, is an amalgamation of English common law, English statute law and the provincial statutes which evolved following the convening of the first representative government at Halifax on October 2, 1758. From the capture of Port Royal in 1710 (which by the Treaty of Utrecht in 1713 guaranteed Acadia to the British), to the establishment of an elected assembly 48 years later, law and order were maintained at first by military law and, following the appointment of Richard Philipps as governor at Annapolis Royal, by the issue of royal instructions dated June …


On The Origin And Sources Of The Law Of Nova Scotia, Beamish Murdoch Esq.. Q.C. Oct 1984

On The Origin And Sources Of The Law Of Nova Scotia, Beamish Murdoch Esq.. Q.C.

Dalhousie Law Journal

The subject of the present inquiry, is to point out the origin and sources of the laws in force in Nova Scotia, in other words, the rules by which we are to be guided in ascertaining what portions of the English Common and Statute Law, and decisions of the British courts, are to be held obligatory in the tribunals of justice in this province. Blackstone informs us, that in conquered and ceded countries that have already laws of their own, the King may alter and change those laws; but until he does actually change them, the ancient laws of the …