Essays in the History of Canadian Law, Volume III : Nova Scotia

This third volume of Essays in the History of Canadian Law presents thoroughly researched, original essays in Nova Scotian legal history. An introduction by the editors is followed by ten essays grouped into four main areas of study. The first is the legal system as a whole: essays in this section discuss the juridical failure of the Annapolis regime, present a collective biography of the province's superior court judiciary to 1900, and examine the property rights of married women in the nineteenth century. The second section deals with criminal law, exploring vagrancy laws in Halifax in the late nineteenth century, aspects of prisons and punishments before 1880, and female petty crime in Halifax. The third section, on family law, examines the issues of divorce from 1750 to 1890 and child custody from 1866 to 1910. Finally, two essays relate to law and the economy: one examines the Mines Arbitration Act of 1888; the other considers the question of private property and public resources in the context of the administrative control of water in Nova Scotia. This third volume of Essays in the History of Canadian Law presents thoroughly researched, original essays in Nova Scotian legal history. An introduction by the editors is followed by ten essays grouped into four main areas of study. The first is the legal system as a whole: essays in this section discuss the juridical failure of the Annapolis regime, present a collective biography of the province's superior court judiciary to 1900, and examine the property rights of married women in the nineteenth century. The second section deals with criminal law, exploring vagrancy laws in Halifax in the late nineteenth century, aspects of prisons and punishments before 1880, and female petty crime in Halifax. The third section, on family law, examines the issues of divorce from 1750 to 1890 and child custody from 1866 to 1910. Finally, two essays relate to law and the economy: one examines the Mines Arbitration Act of 1888; the other considers the question of private property and public resources in the context of the administrative control of water in Nova Scotia Contents 5 Foreword 7 Acknowledgments 9 Contributors 11 Abbreviations 13 1. Introduction 15 2. 'The Dayly Cry for Justice': The Juridical Failure of the Annapolis Royal Regime, 1713-1749 24 3. The Superior Court Judiciary of Nova Scotia, 1754-1900: A Collective Biography 56 4. Married Women's Property, Chancery Abolition, and Insolvency Law: Law Reform in Nova Scotia, 1820-1867 94 5. Poverty, Unemployment, and the Administration of the Criminal Law: Vagrancy Laws in Halifax, 1864-1890 142 6. From Bridewell to Federal Penitentiary: Prisons and Punishment in Nova Scotia before 1880 177 7. 'Raised in Rockhead. Died in the Poor House': Female Petty Criminals in Halifax, 1864-1890 214 8. Divorce in Nova Scotia, 1750-1890 246 9. Child Custody and Divorce: A Nova Scotia Study, 1866-1910 287 10. The Mines Arbitration Act, 1888: Compulsory Arbitration in Context 317 11. From Private Property to Public Resource: The Emergence of Administrative Control of Water in Nova Scotia 340 Index 367