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In the Matter of the Trustee Act 1850 and the Mineral Ordinance Amendment Act 1873 and of the Petiton of R. Dunsmuir, W.N. Diggle and A. Farquar

Petition.

-Dunsmuir, Diggle and farquar are the proprietors of the Wellington Coal Mine, Departure Bay, Nanaimo, and are desirous of acquiring a portion of certain lands near Departure Bay from W.J. Hughes for the purpose of communication with the sea shore. the two parties are having difficulty agreeing on a price for the property.

Inferior Court of Civil Justice

In response to a growing number of petty claims in Victoria in the newly established colony of Vancouver‟s Island, Governor James Douglas established the Inferior Court of Civil Justice (later changed to the Supreme Court of Civil Justice in 1860) in 1857.
This series is composed of one-hundred and sixty-eight case files comprised of three hundred and eighty-three documents pertaining to small claims suits in Victoria between 1858 and 1866.

Innes v. Booth

File consists of one document: Affidavit of J. Booth. Plaintiff had lent the Defendant $500 and encourage him to buy a lot on Douglas Street which he did, and to manage his affairs while he went to England, which he also did. When the Plaintiff returned, he seems to have denied such verbal agreements and is suing the Defendant for the money lent.

Innes v. Chambers (3); Victoria; 1861.64

No. of Plaint – 714

Summons; Invoice for £23.6.8; Judgment Confessed

  • Chambers is summoned to appear in court to answer the Plaintiff for the total amount of £24.17.6. The amount is due for an unpaid promissory note between the Defendant and the Plaintiff. It is also due for the purchase price of a farm at Rocky Point as contained in a promissory note drawn between the parties involved.

Insley v. Webster

File consists of two documents: order to hold to bail; and affidavit to hold to bail. Case regards the Defendant being indebted to the Plaintiff for $2,000 on an unpaid promissory note.

Insley v. Wright

File consists of nine documents: affidavit of W.S. Green; writ; affidavit of Captain Lewis; affidavit of A. Insley; incipiter of judgment; affidavit of Drake; bail taken; order; and record. Case regards the Defendant owing the Plaintiff $816.75 on an unpaid account. Additionally, the Plaintiff requests that the Defendant is apprehended before leaving Victoria for San Francisco.

Irving v. Nesbitt

File consists of 2 documents: Affidavit of Mrs. Nesbitt; Affidavit of E. Irving. In the matter of W. Dickson, an infant. Upon the death of his father, the boy and his brother had been left in the care of the Irvings. Upon his brother's death, the boy had been sent to the Nesbitt family in Victoria 'for change'. Irving charges that the Nesbitts will no longer allow them to visit with the boy and that his education and religious instruction are not being properly attended to by the Nesbitts. They are suing for full custody of the child.

J. Bigne

File consists of one document: Certificate of Registrar of Titles regarding the southern half of Lot. No. 169 in Victoria. J. Bigne is applying to be the registered owner

J. Drout

File consists of one document: affidavit of W. Muldoon. Case regards a statement of Deputy Bailiff Muldoon that J. Drout's goods and chattels have been sold for arrears of rent.

J. Muir, R. Muir, and M. Muir v. Morton

File consists of thirteen documents: Affidavits of M. Muir; Affidavit of J.R. Stewart; Affidavit of H. Rhodes; Notice of Intention to Take out Summons; Affidavit of H. Rhodes; Affidavit of J. Welsh; Writ; Correspondence of J.R. Stewart; Correspondence of Drake and Co.; Joint Affidavit of G. Pearkes and J.J. Austin; Writ of Inquiry; and Plaintiff's Bill of Costs.

Action is brought about for the recovery of $3,685.69--$1,200 being the balance due on the Charter Party regarding cargo on the ship "Sarah March" of which the Defendant is Master, $485.69 for goods sold and delivered and for work and labor done, and $2,000 damages sought to be recovered by the Defendants breach of contract in neglecting and refusing to sign documents as per the Charter Party.

Jackson and Stronach v. Dillon

File consists of 3 documents: Affidavit of Stronach. Defendant is justly and truly indebted to the Plaintiffs for 25 pounds, 14 shillings, and 6 pence being the balance owed to them on lumber supplied by the Plaintiffs to the Defendant at his request. The Plaintiffs believe that the Defendant will be leaving the colony unless he is apprehended.

Jackson v. Vereydhen

File consists of four documents: Writ of Summons (Exhibit "A"); Affidavit of Service; Judgment by Default of Appearance; Affidavit of No Appearance. Plaintiff claims $536 for debt and S 15 for costs for principal and interest due on two promissory notes

Jacob Sehl v. The Pacific Mail Steamship Company

File consists of thirteen documents: (4) notices in the British Columbia Gazette; correspondence discussing Sehl's claim for damages; invoice of damaged goods; correspondence outlining attorneys; invoice of goods shipped; correspondence regarding case; judgement for want of plea; plaintiff's bill of costs; writ to recover damages; declaration. Case regards Plaintiff paid for goods to be shipped and delivered in apparent good order. The goods were not delivered in apparent good order and condition to the Plaintiff but were damaged and deteriorated in value, many rendered of no use to the Plaintiff.

Jacobs v. Oliver

File consists of one document: bill of complaint. Case regards the suite above the St. Nicholas Restaurant in the St. George Hotel on Government Street. Landlord is evicting tenant, even though he has been paying his rent and Defendant Oliver is holding that he is entitled to a one month's notice.

James et al. v. Skinner

File consists of one document: record regarding the possession of all dwelling houses and cottages, gardens, etc., and lands situated in Esquimalt District and conflicting claims on the properties.

James v. Green (1); Victoria; 1861.76

No. of Plaint – 469

Summons

  • James had previously obtained a judgment against the Defendant for £11.9.2 which remains unsatisfied. The Summons states that if the Defendant does not appear in obedience to this summons, he may be committed to the common gaol.

Johns vs. Major et al; Major et al vs. Johns

Affidavit of F.W. Pafford; Power of Attorney; Affidavit of Johns for Leave to Defend.

-L.Johns was an agent of J. Cunningham and carried on the business affairs of Cunningham as his attorney. Major and others claims $181.19 principal and interest due to them as payee on two promissory notes signed by Johns on behalf of Cunningham. Johns claims he never accepted the bills, and defends that this signature on the bills is merely to show that he endorsed the same with the name of James Cunningham.

Johnson vs. Mayereau and Causasa

Affidavit of T. Davie; (2) Summons; Affidavit of H. Homewood; Bond; Notice; Statement of Claim

-Plaintiff claims $500 for damages; that the Defendant seized and took the Plaintiff's good, household furniture, pictures, kitchen utensils, shotgun, etc. and carried them away and disposed of them for their own use.

Jones to Curio

File consists of one document: Affidavit of Execution wherein, in consideration of the sum of $2,130, V . Jones has bargained, sold, and conveyed to N. Curio a building owned by him in Barkerville.

Jones v. Dougall

File consists of one document: Affidavit of Jones. Plaintiff claiming that a necessary witness for his case is about to leave the colony and that he cannot proceed without him.

Jones v. Kittson

File consists of 7 documents: Petition of an Infant; Replication of Notice to Join Cause; (2) Affidavit of H.P. Crease; Bill of Complaint; Defendant's Appearance; Plea. Kittson appears to be attempting to sell a "certain freehold property" of the Plaintiffs for $1,495 U.S. dollars to which the Plaintiff has not agreed to. The Defendant claims that he has been wrongfully indicted and that he was an "infant" under the age of 21 years a the time of the alleged offense.

Joy v. Curnow, Curnow v. Joy

File consists of seven documents: affidavit to plead; affidavit of R. Bishop; affidavit of E. Johnson; plaintiff's bill of costs; praecipe for write of summons; appearance; order. The court finds for the Plaintiff in the amount of $4,200.

Jungerman v. Gerke

File consists of 3 documents: Affidavit of Jungerman; Order to Issue Writ of Capias; Writ of Summons. Plaintiff claims that the Defendant is indebted to him for $170 as payee on an unpaid promissory note.

Jungerman v. Rudolph

File consists of 2 documents: Exhibit "A" (Indenture); Receipt from the Mutual Life Insurance Company (Exhibit "B"). The Plaintiff and the Defendant had been carrying on business under the firm of "Jungerman and Rudolph", watchmakers. Jungerman was in debt to various parties and had agreed that the co-partnership was to be dissolved and to be carried on by Rudolph.

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