valid by affixing a double stamp duty, if the proper duty has not been paid at the time of issuing the note. Nor is an attorney who merely receives the note for collection such a "holder" as the Act contemplates. He must have a beneficial interest in the note. A novel point arose in Ex p. Bejean, p. 200, where the Court held that a debtor who assigns under the Insolvent Act of 1869, cannot, if then in custody, obtain an order for support under the Confined Debtors Act, and can receive his discharge only in the manner pointed out by the former Act.

There are many other important cases, relating to wild land taxes, insurance, railways, and riparian rights, for which, however, we have not further space.

But

This is a new review published in the South-Quarterly, as we take it, though it is nowhere so stated. The first number issued in January, and was then designated "The Bench and Bar Review." with the second number, of which we are just in receipt, and issued as of April, the name is changed to "The Forum." The occasion of the change is that there was already a "Bench and Bar," a monthly legal periodical, published, we think, at Chicago, and it was deemed desirable to change the name so as to avoid confusion. The characteristics of this new serial are much the same as those of the Southern Law Review, of which we have heretofore spoken with commendation. One of its specialties is, furnishing in each number the portrait of some distinguished jurist or lawyer. Those already given are Caleb Cushing and Reverdy Johnson. In the last number there is a paper on the valid voluntary settlement of a chose in action, which, we think, we remember to have seen first in the Solicitors' Journal, and it is perhaps an oversight that no credit

is given in The Forum for the article in question. The papers it contains on the civil law are of a very satisfactory character, and manifest a comprehensive grasp of the subject. We by no means complain of the article on William Pinckey, at Bel Air, as some captious writers, "who are nothing if not critical," seem to have done. No one would imagine the account to be literally true, but si non e vero e ben trovato; if it is not true it ought to be.

BRITISH QUARTERLY. July, 1874. Leonard Scott Publishing Co., New York.. The principal articles for this quarter are, "The Depths of the Sea," "Lord Ellenborough," "Indian Administration," "Society, Philosophy and Religion," a political article, and an amusing history of "Finger Rings."

BLACKWOOD'S MAGAZINE for July, the first number of a new volume, is now before us. The most noticeable articles among its contents are: "Family Jewels," "Two Cities-Two Books," and "Brackenbury's Narrative of the Ashanti War."

The first is a collection of gems of verse which have a family likeness; examples of one subject variously treated by poets of different ages.

In the second we have a picture of Florence, in connection with George Eliot's Eliot's "Romola ;" and Venice, with which is associated in like manner George Sand's "Consuelo."

The third of these articles is a review of an "authentic memoir of that extraordinary war which England made on the Gold Coast last winter." The book tells of the "ancient history of the region;" "the troubles of the governors and traders of old ;" "the Ashanti invasion which led to this last war, and the steps taken to meet it;" its results, and the prospects of the settlements, giving altogether a very fair idea of the whole subject. The writer was Assistant Military Secretary to General Wolseley, and speaks ex cathedra, and the reviewer speaks very highly of the book as a truthful narrative of the war and its causes.

The serials, "Alice Lorraine " and "Valentine and his Brother," are continued.

LAW SOCIETY OF UPPER CANADA OSGOODE HALL, EASTER TERM, 37TH VICTORIA.

URING this Term, the following gentlemen were
called to the Degree of Barrister-at-Law:

JOSEPH EGBERT TERHUNE.
PETER MCGILL BARKER.
CHARLES EGERTON RYERSON.

ALFRED SERVOS BALL.

CHARLES EDGAR BARRER.

FRANK D. MOORE.

HARNRUEL MADDEN DEROCHE.

CLARENCE WIDMER BALL.

E. GEORGE PATTERSON.
GEORGE LAVACK B. FRASER..

These gentlemen are called in the order in which the entered the Society and-not-in-the order of merit.

Joseph James Gormully, Esq., of the Middle Temple, England, Barrister-at-Law, was admitted into the Society and called to the degree of Barrister-at-Law.

The following gentlemen obtained Certificates of Fitmess as Attorneys, namely:

JOSEPH JAMES GORMULLY.
E. GEORGE PATTERSON.
THOMAS HORACE MCGUIRE.
CHARLES EGERTON RYERSON.

DAVID ROBERTSON,

GEORGE LEVACK B. FRASER.

A. BASIL KLEIN.

ALFRED TREVOS BALL.

JOSIAH R. METCALF.

ARTHUR LYNDHURST COLVILLE.

CLARENCE WIDMER BALL.

D. ELLIS MCMILLAN.

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 a 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 and 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 examin ation 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; Ac 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 studentsat-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 Evi dence, 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 prelininary examination as an Articled Clerk.

Canada, 1792.

Booth. v. Sutherland will be read with interest, in connection with the London case, and the suggestive remarks of Chief Justice Hagarty as to whether a candidate is disqualified by corrupt acts on the part of his agents, a point which will come up for decision in the latter

case.

The beginning of the inevitable end of law reform in England has been lately announced by the Lord Chancellor, who stated in the House of Lords that he hoped, on behalf of the Government, at the commencement of next session, to make a proposal for a codification of the common law. This will be in effect a condensation and consolidation of the standard text-books upon the lex non scripta, and is altogether a consummation devoutly to be wished."

UNITED STATES REPORTS:

286

287

290

291

292

An objection was made in the English Divorce Court lately to the reception of an affidavit on the ground that it was made on Sunday. Reference was made to Doed. Williamson v. Roe, 3 D. & L., 328, Mackalley's case: 9 Co. R., 66, b, and 29 Car. ii., c. 7, s. 6, which Lord Holt thought was intended to restrain all sorts of legal proceedings on this day, (Lord Raym, 705.) But Sir James Hannen considered none of these authorities were in point, and overruled the objection: 18 Sol. J., 642.

The Albany Law Journal advertises a treatise on the Law of Nuisances, soon to be published, written by H. S. Wood, a member of the Albany Bar, which, we are told, is a "comprehensible and exhaustive treatise upon this branch of the law." We shall welcome such an addition to legal literature, and in the present age of fast reading and rapid book-making the fact that this volume will be comprehensible is no small merit.

Eight Election cases have, up to this time, been tried, and the candidates have one and all succumbed to the legal test. Not much in the way of interest to the legal profession has to be noted, but a large amount of bribery and corruption has been laid bare, and much doubtless, never came to light at all. So far, the only cases that seem worth reporting

are the London case, the South Renfrew case, the Cornwall case, and the West Northumberland case. The first brings up the question as to whether a candidate is disqualified by acts of his agents under Sec. 18 of the Election Act of 1873 and some other points of interest, and the last two as to costs. only make space for the first two in this issue.

We can

The Autumn Assize list and the new Rules of the Queen's Bench and Common Pleas, which appear at the end of this journal, mark an epoch in the administration of justice in Ontario. They tell us of the revival of Trinity Term-the transaction of Court business by a single Judge, instead of by a Bench of Judges as before the hearing of causes, which heretofore could only be heard in Term, twice a week during the year-the formation of two new circuits, and the presence at these two circuits of the two new Justices of Appeal. What with these changes, and the new practice introduced by the

Administration of Justice Act, and the innumerable other Acts of the Dominion and the Ontario Legislature, in addition to the Reports to be read, marked, learned, &c., it behoves a lawyer in this Province to "look alive." But from the nightmare of case law, at least, they will be relieved by Mr. Robinson's coming digest, whilst there is good hope that the wheels of litigation will move smoothly, oiled by the provisions of the Acts for the administration of justice.

A legal journal of good repute on the other side of the "herring pond," in copying an article which appeared in our columns some months ago, describing a Court scene in Ohio, speaks of it as "A Canada Law Court." It may be desirable to instruct our generally well-informed friend that Ohio

is one of the United States of America, and that the Dominion of Canada has not as yet annexed it. We are thinking of doing so, however, and when we do, shall be glad to assist a few of the junior editors of journals in England and Ireland to vacancies in some of the classes in geography for small boys. We may mention as an item of interest in the meantime, that as far as extent of country is concerned, the British Isles and Ohio together are somewhat in the same proportion to Canada as Switzerland is to Russia. The ignorance of some of the "tight little Islanders" about matters situated a trifle beyond the length of their own noses is truly wonderful, though by no means a novel subject of merriment.

An occasional correspondent in Nova Scotia speaks of the crowded dockets there and the accumulation of arrears, owing partly to the fact that there has been a vacancy on the Bench since the beginning of the year, which had not, at the time he wrote, been filled up. The names of Hon. W. A. Henry, Q.C., and Messrs.

J.W. Johnston, Q.C., H.W. Smith, Q.C., A. James, Q.C., and others have also been spoken of in connection with the vacancy. In the mean time the press are discussing the best means of disposing of the arrears, and the lawyers are having a hand in the fight, which has unfortunately assumed something of a personal character.

Our brethren have also, like ourselves, had some differences in regard to the appointment of Queen's Counsel and precedence at the Bar, and a question of precedence has been raised in Court. A large number of Queen's Counsel were appointed by the late Dominion Government in Nova Scotia. The Local Government had not made any such appointments since the Union was effected; but last winter an Act was passed by the Local Legislature to regulate the precedence of the Bar. This was apparently intended to deprive such Q. C.'s as were appointed by the Dominion Government since 1867 of the precedence claimed by them by virtue of their patents, and to give them only that which they would have had in case they had not received "silks." A motion was made to test the question, but the Court intimated that, apart from other considerations, the Act was not sufficiently clear to warrant a positive expression of opinion at the time, and the matter now stands until the first day of next December Term, when it will no doubt be fully discussed.

STATUTES OF CANADA, 1874. The Dominion statute-book for last session has lately made its appearance. It is almost equal in bulk to that of the previous year, although not quite up to the measure of the last volume of the Ontario statutes. While some of the Acts are of importance in a commercial and financial point of view, and while others indicate the rapid progress

and development of the Dominion in its multiform interests and multiplying resources, yet comparatively few of the chapters are of immediate practical consequence to the legal profession in this Province. Some there are, however, to which we think it well to call the attention of our readers.

Chapter 25 provides for the assimilation of the laws in the different

provinces with regard to the liabilities and rights of carriers by water. It requires them to receive and convey all goods and passengers offered for conveyance, unless there is sufficient cause for not doing so; it makes them responsible not only for goods received on board vessels, but also for goods delivered to them for conveyance; it exempts them from liability in case any loss arises from fire or dangers of navigation, or from robbery or irresistible force, and also from any defect in the nature of the goods themselves,-provided that such damage happens without their actual fault or privity; special provisions are made for loss of valuables, and the carriers are declared to be liable for the loss of

personal baggage," but not ordinarily to a greater extent than five hundred dollars. The exemptions from liability are similar to those contained in the English statute 26 Geo III. c. 86, which extends to cases of fire and robbery, and the others are such as are usually found in a bill of lading. It would probably be held that none of the words are large enough to cover a loss occasioned by the depredations of rats on the cargo: see Kay v. Wheeler, L. R. 2 C. P. 302. The statute will declare the law in the absence of any particular stipulation between the parties, but of course it will not prohibit them from making such special arrangement as to the carriage of goods or passengers as they may agree

upon.