• Document textuel

• Source du titre propre: Title based on contents of sub-series

This sub-series consists of records of divorce proceedings over which Chief Justice Thane A. Campbell presided between 1946 and 1955. The earlier records consist of typed dockets from the Court of Divorce as well as the Chief Justice's hand written notes about each case. The records dating after 1952 contain essentially the same information but are referred to as "Matrimonial Causes". Some files contain typed "Notes of Judgment" for particular cases. Information documented includes: the names of the plaintiffs and defendants; a history of the marriage and of the transgressions of the defendants; the names of the attorneys; and an indication of the judgment made or transferal of the action to the Supreme Court.

A Court of Divorce was originally established in Prince Edward Island in 1835 but remained essentially dormant until 1945 when returning servicemen sought redress for their marital problems. In that year, the Lieutenant Governor resurrected the Court with the Executive Council and himself on the bench. As a Roman Catholic, Lieutenant Governor Joseph Alphonsus Bernard could not preside over the court so ordered that the Chief Justice, Thane A. Campbell, act in his place. In 1949, the Legislation was amended to allow for the jurisdiction of the Supreme Court over divorce cases. The Divorce Court or the Chief Justice could order that a divorce action be transferred to the Supreme Court if all parties were in agreement. The legislation was further amended in 1952 to allow for the transfer of the case to the Supreme Court by the consent of the Queen's Proctor with the agreement of the parties involved or after they had been notified of the pending transferal. After that date, the Divorce Court basically ceased to function as all such proceedings were heard in the Supreme Court.