TO THE EDITOR OF THE CANADA LAW JOURNAL. SIR,-As the time is drawing near when we are all to practice after the manner of the right wing of Osgoode Hall, perhaps it would be well to consider some of the provisions of the Act that is to bring about the "wholesome reform."

1. Under sec. 11, of the Act (36 Vict. cap. 8), "When in the opinion of a Court of Common Law, or a Judge thereof, it is necessary or proper in any action, to take accounts, &c., which cannot conveniently or properly be taken under the existing practice at law, the Court or Judge may order such accounts to be taken by the Master or any of the Local Masters of the Court of Chancery."

Now that section is unfair to Deputy Clerks of the Crown. Why should they not be qualified to take such accounts? Are the Judges of Common Law Courts to be obliged to send to Chancery officials who are in no way officers of their Courts? 2. What would be "sufficient reasons" (in the plural) under sec. 16?

3. Why not include breach of promise of marriage under sec. 17. Supposing a notice for a Jury has been given under the Law Reform Act in actions not included in sec. 17 of the Act under notice, is it not "too much reform" to give a Judge power to say a jury shall not be had though desired?

4. Under sec. 19, (read sec. 16), if the case be one in which a jury has been demanded, and if neither party asks to have the equitable issues tried by jury, under sec. 16, is the Judge to try the equity side and the jury the legal issue, or the Judge give way to the jury, or the jury to the Judge?

5. Sec. 20: Why not except slander? 6. Sec. 21: Why not let the third Judge "sit separately," "either at the same time or at different times?" What "business" is meant by this section? and does it in any way enlarge the_powers held by a Judge in chambers? Perhaps the introduction of the chancery word decree means something. The profession will require a batch of rules under this section to guide them.

7. Sec. 23: Supposing decision not given until after fourth day of term, how then?

8. Sec. 24: Beyond adding costs to

the suit and getting out of your opponent the secrets of his counsel's brief, of what utility is this section? Such evidence cannot be used on the trial if the witness is within the jurisdiction, &c. (C. S. U. C. cap. 32), and the case of a witness abroad is already provided for.

9. Sec. 39: Why not file the order and issue an execution upon it?

10. Sec. 45: Supposing goods destroyed, must defendant go to gaol?

11. Sec. 48: Has a common law Judge power to order common law costs to be taked on an equitable issue tried before him?

12. What is the meaning of sec. 49? I should be glad if some of your many readers would enlighten the rest of us on these points, through the columns of the Law Journal.

Yours truly,

COUNTRY ATTORNEY.

REVIEWS.

AN EPITOME OF LEADING COMMON LAW CASES, with some Short Notes thereon. Chiefly intended as a Guide to Smith's Leading Cases; by John Judemaur, Solicitor (Clifford's Inn Prizeman, Michaelmas Term, 1872.) London, Stevens & Haynes, Law Publishers, Beli Yard, Temple Bar, 1873.

All students should at some time or other "read well, learn, and inwardly Most digest" Smith's Leading Cases.

students who do so make an epitome of each case, as well for future reference as for present digesting. Mr. Judemaur did this when reading for his final examination as a solicitor, and has published his abridgment of each case "with some few additional ones and some Short Notes bearing directly on the different decissions." The abridgment will be usefuto the student as a help to the reading of the larger volumes, but not as a substitute for them.

We have read of men eminent in the profession who yearly read Smith's Cases

in order to be at all times and under all circumstances fully seized of them. A barrister or solicitor, in large practice, cannot well spare the time for such an annual reading, even should he find it desirable to do so. But to all such Jude

maur's Epitome will be found a useful substitute. It can be read through in half an hour. The arrangement is so good, and the condensation so thorough that for casual reading no reference to the The larger volume will be necessary. book, including a full alphabetical index, It is is not more than 50 pages octave. printed by Messrs. Stevens & Hagnes, in their usual excellent style. recommend this neat little volume as much to the busy lawyer as to the earnest student.

We

AN EPITOME OF LEADING CONVEYANCING AND EQUITY CASES, with some Short Notes therein, chiefly intended as a Guide to "Tudor's Leading Cases on Conveyancing" and "White and Tudor's Leading Cases in Equity." By John Judemaur, Solicitor, (Clifford's Inn, Prizeman, Mechaelmas Term, 1872). London, Stevens & Haznes, Law Publishers, Bell Yard, Temple Bar, 1873.

This is by the same author as already mentioned. The success of his Epitome of Common Law Cases was no doubt sufficient to warrant this additional vol

ume.

All that the former does for Smith's Leading Cases, this does for Tudor's Leading Cases in Conveyancing and White and Tudor's Leading Cases in Equity. The Conveyancing and Equity Cases are very properly, and for obvious reasons, epitomized together.

This, like the former volume is recommended to the busy lawyer and earnest student. In size and appearance it is about the same. Its aim is similar.

We must say we thoroughly approve of the publication of these summaries. The reading of them again and again enables the reader in effect, again and again, to travel all through the larger works without the time and toil necessary of actually doing so. Frequent readings are necessary to burnish the memory. For that purpose one reading of the summary is nearly as good as the reading of the book summarized. The difference in time between doing the one and the other is such as to make it an object to purchase the summary. If all who can make good use of the summary purchase it, the enterprising publishers will have no cause to regret that venture.

Baron Channell had a great partiality for the late Lord Westbury, when at the Bar, and placed extraordinary confidence in his opinion. Whereupon the wags said he was like Jeroboam, who set up an idol in Bethel.

A Troy policeman swore as follows against a prisoner:-"The prisoner set upon me, called me an ass, a precious dolt, a scarecrow, a ragamuffin, and an idiot-all of which I certify to be true." He was a second Dogberry, whose chief anxiety in the recording of the depositions. was that he should be "written down an ass."

A new thing in law has recently occurred in New Jersey. Mr. Cortlandt Parker, an eminent counsel of Newark, not being able to be present in the Court of Errors, telegraphed his brief to the Chief Justice. The brief was read to the Court, and answered the purpose. No doubt our Judges can be persuaded to countenance this practice, and thereby save much time and expense to learned counsel.

Amongst the witnesses called in the Tichborne trial to disprove the statements of the now famous Jean Luie, was one named Nicholls,

who, being asked by Mr. Hawkins what name Lundgren's wife was now known by in Bristol, answered rather suddenly, to the great amusement of the Court, "Mrs. Hawkins, sir." "And what was her maiden name?" asked Mr. Hawkins, after a sly glance at his brief, "Sarah Cockburn, sir," was the equally prompt reply. When the laughter which these names excited had a little subsided, the Lord Chief Justice assured Mr. Hawkins that he felt highly honoured by the statement which he had elicited; and Mr. Hawkins, with a grave bow to the Bench, replied, "My Lord, I could not take it all to myself."

Arson." He recollected it as a very interesting case, which, at a previous term, had failed because of a misnomer, but was to be tried on a new indictment. "How about the case of Miss Minnie Davis," he said to the District Attorney, "will you have trouble about the facts now?" "No," was the answer, "but the law may trouble your honour-how will you get over the maxim, De Minnie Miss non curat lex?"

Vice-Chancellor Malins is a most unlucky Judge the most overruled of all the judges of first instance. Lately, however, he was very happy in his judgment on the facts in a case of an alleged invasion of the right to use as a trade mark, a label with the words "Nourishing Stout" thereon. He neatly put an extinguisher upon the plaintiff's claim to an exclusive use of the word "nourishing" by observing (no doubt with the unction of a true Englishman): “The word 'Nourishing' is a word in common use, and peculiarly adapted to good stout." We must say that this is a much more sensible and even judicial way of dealing with the liquor in question than that which it pleased Chief Justice Read, of Pennsylvania, to assume in a case recently reported. In dissenting from the decision of the Supreme Court of that State, that the local option liquor law was constitutional, he expatiated as follows: "Ale is a healthy liquor, and lager beer is a favourite beverage, particularly of our large German population The question of license or no license is to be submitted to the citizens of Philadelphia, at the general election in October, and if the vote is against license, then the city will be under a prohibitory liquor law during the whole Centennial Celebration, to which we have invited the whole country. On the Fourth of July, 1776, every patriot drank to the independence of the thirteen States; shall it be that on the Fourth of July, 1876, all we can lawfully offer to our guests on this great anniversary will be a glass of Schuylkill water, seasoned with a lump of Knickerbocker ice? I am a strong believer in temperance. For twenty-five years of my life I drank nothing but water, but a dangerous illness made a strong stimulant an absolute necessity, and by the advice of a physician I am obliged occasionally to resort to it. Some of my friends, older than myself, have drank wine all their lives and are temperate men. I believe in moral suasion as the true means of advancing the temperance cause, but I do not believe in a prohibitory law, which would reduce us to the condition of Boston !"

KENNETH MACLEAN.

CHARLES OAKES Z. ERMATINGER.
HINRY THEOPHILUS W. ELLIS.
CHARLES BAGOT JACKES.

And on Tuesday, the 18th November, the following gentlemen were admitted into the Society as Students of the Laws:

University Class.

RICHARD W. H. N. DAWSON.

JOHN E. K. GOURLAY.

F. M. MORSON.

ROBERT SHAW.

WILLIAM H. CULVER.

FRANK S. NUGENT.

ROBERT E. WOOD.
JOHN L. WHITING.
WALTER BARWICK.
FRANCIS MADILL.
ALEXANDER C. GALT.
JAMES H. MADDEN.
PETER L. PALMER.
CHARLES L. FERGUSON.
RICHARD P. PALMER.
ALBERT A. F. WOOD.

Junior Class.

TREVELYAN RIDOUT.

JAMES V. TEETZEL.

JOHN ALEXANDER PALMER.
HARRY DUDLEY GAMBLE.

GEORGE EDGAR MILLAR.

LORENZO UDOLPHUS C. TITUS. RALPH WINNINGTON KEEFER. OLIVER RICHARD MACKLEM. JAMES NORRIS WADDELL.

JAMES RYMAL.

HENRY RYERSON HARDY.

ROBERT CONOLLY MILLER.

E. SYDNEY SMITH.

Ordered, That the division of candidates for admission on the Books of the Society into three classes be abolished.

That a graduatein the Faculty of Arts in any University in Her Majesty's Dominion, empowered to grant such degrees, shall be entitled to admission upon giving a Term's notice in accordance with the existing rules, and paying the prescribed fees, and presenting to Convocation his diploma or a proper certificate of his having received his degree.

That all other candidates for admission shall pass s satisfactory examination upon the following subjects, namely, (Latin) Horace, Odes Book 3; Virgil, Eneid, Book 6; Cæsar, Commentaries Books 5 and 6; Cicero, Pro Milone. (Mathematics) Arithmetic, Algebra to the end of Quadratic Equations; Euclid, Books 1, 2, and 3. Outlines of Modern Geography, History of England (W. Douglas Hamilton's) English Grammar and Composition.

That Articled Clerks shall pass a preliminary examination upon the following subjects:-Cæsar, Commentaries Books 5 and 6; Arithmetic; Euclid, Books 1, 2, and 3 Outlines of Modern Geography, History of England (W. Douglas Hamilton's) English Grammar and Composition, Elements of Book-keeping.

That the subjects and books for the first Intermediate Examination shall be:-Real Property, Williams; Equity Smith's Manual; Common Law, Smith's Manual; Act respecting the Court of Chancery (C. S. U. C. c. 12), (C. S. U. S. caps. 42 and 44).

That the subjects and books for the second Intermediate Examination be as follows:-Real Property, Leith's Blackstone, Greenwood on the Practice of Conveyancing chapters on Agreements, Sales, Purchases, Leases, Mortgages, and Wills); Equity, Snell's Treatise; Common Law, Broom's Common Law, C. S. U. C. c. 88, Statutes of Canada, 29 Vic. c. 28, Insolvency Act.

That the books for the final examination for students at law, shall be as follows:

1. For Call.-Blackstone Vol. i., Leake on Contracts, Watkins on Conveyancing, Story's Equity Jurisprudence, Stephen on Pleading, Lewis' Equity Pleading, Dart on Vendors and Purchasers, Taylor on Evidence, Byles on Bills, the Statute Law, the Pleadings and Practice of the Courts.

2. For Call with Honours, in addition to the preceding. -Russell on Crimes, Broom's Legal Maxims, Lindley on Partnership, Fisher on Mortgages, Benjamin on Sales, Jarman on Wills. Von Savigny's Private International Law (Guthrie's Edition), Maine's Ancient Law.

That the subjects for the final examination of Articled Clerks shall be as follows:-Leith's Blackstone, Watkins on Conveyancing (9th ed.), Smith's Mercantile Law, Story's Equity Jurisprudence, Leake on Contracts, the Statute Law, the Pleadings and Practice of the Courts.

Candidates for the final examinations are subject to reexamination on the subjects of the Intermediate Examinations. All other requisites for obtaining certificates of fitness and for call are continued.

That the Books for the Scholarship Examinations shall

be as follows:

1st year. Stephen's Blackstone, Vol. i., Stephen on Pleading, Williams on Personal Property, Griffith's Institutes of Equity, C. S. U. S. c. 12, C. S. U. C. c. 43.

2nd year.-Williams on Real Property, Best on Evidence, Smith on Contracts, Snell's Treatise on Equity, the Registry Acts.

3rd year.-Real Property Statutes relating to Ontario, Stephen's Blackstone, Book V., Byles on Bills, Broom's Legal Maxims, Story's Equity Jurisprudence, Fisher on Mortgages, Vol. 1, and Vol. 2, chaps. 10, 11 and 12.

4th year. Smith's Real and Personal Property, Russell on Crimes, Common Law Pleading and Practice, Benjamin on Sales, Dart on Vendors and Purchasers, Lewis' Equity Pleading, Equity Pleading and Practice in this Province.

That no one who has been admitted on the books of the Society as a Student shall be required to pass preliminary examination as an Articled Clerk.

J. HILLYARD' CAMERON,
Treasurer.