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LAW SOCIETY-MICHAELMAS TERM, 1873.

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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 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 shal 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.

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7. SUN..1st Sunday after Trinity. 9. Tues..Charles Dickens died, 1870. Gen. Sess. and Co. Ct. sit. in each Co. beg. Last day for J. P.'s to ret. convictions to Clerk of Peace (32 V. Ont. c. 6,s. 9 (4); 32-33 V. c. 31, s. 76; 33 V. c. 27, s. 3.)

13. Sat.... Last d. for Ct. of Rev. finally to rev. assess. rolls (32 V. c. 36, s. 59).

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THE

Canada Law Journal.

Toronto, June, 1874.

The Hon. A. A. Dorion, Minister of Justice, has been appointed Chief Justice of the Queen's Bench in the Province of Quebec, in the room of Chief Justice Duval, resigned.

We are delighted at last to see a specimen sheet of the new Law and Equity Digest, by Mr. Christopher Robinson, Q.C., assisted by Mr. F. Joseph, which has just been issued by the publishers, Messrs. Rowsell & Hutchison. It is intended to issue it in monthly parts, containing from 100 to 120 pages each. The first to be issued this month. We trust the publishers will be able to fulfil their promise. in this respect, though, considering the arrears of law reports to be got out by the same firm, it may be doubted. The new Digest will embrace all reports of the Superior Courts from the commencement, together with Practice, Chambers, and Canada Law Journal Reports.

We understand that the University of Trinity College has resolved to grant the degree of LL.B. to any Barrister of Ontario, who under the regulations of the Law School has had twelve months struck off his time, upon his producing a certifi cate to that effect. This may be looked upon as a high compliment to the efficiency of the Law School and the estimation in which it is held. We believe that graduates of other universities, which require a regular course of a more extended and complete nature before granting the degree, do not look upon this step, with much favour. And although the Law School may very properly be looked upon as the place

THE LAW SCHOOL-THE NEW JUDGES.

where the best legal education can be obtained, and where the examiners are from their skill and experience best fitted to test the knowledge of the student and to frame proper questions (a more difficult matter than the uninitiated suppose), there is much force in this, that the course of study at Osgoode Hall is purely of a practical character, whilst that of the universities is more wide-spread, embracing the civil law, international law, and a varied reading of a theoretical character.

THE NEW JUDGES.

Under the Act of the last session of the Ontario Legislature "to make further provision for the due administration of justice," the Court of Appeal is remodelled, and it will be necessary to appoint three additional Judges. We do not intend, at present, to discuss at any length the nature of the change that will be made by this Act, nor its uncertain wording and some omissions, but rather to speak of current rumours as to the appointments about to be made.

We regret exceedingly to hear that it is the intention to appoint as the three new Justices of the Court of Appeal, men other than the present Chiefs of the three Superior Courts of Law and Equity. We do not say that their claims have been overlooked, but it is manifestly absurd to suppose that they would give up their present position and take one which, though higher in some respects, would deprive them of a large percentage of the small pittance that has hitherto been thought sufficient for those on whom so much of the welfare of the people at large depends. The question of their precedence, also, under section 5 of the Act, is not very clear. It is impossible to say with certainty that they rank with the Chiefs of the Superior Courts, though it is thought

that such was the intention.

We think that such arrangements as

to salary and otherwise should have been made that the three gentlemen we have referred to might have been the new Justices of Appeal. They have a large judicial experience and largely enjoy the confidence of the profession and the public, and their decisions would carry great weight. If it is a matter of promotion, they are undoubtedly entitled to it. It is not seemly, nor is it to the benefit of the "due administration of justice," that men, admitting them to be equally able and learned, should be taken from the Bar, or even from the present Bench, and placed in appeal from the judgments of those who have been for years their seniors, and rumour has it that both ranks will be drawn upon to fill the appellate chairs.

If the Chief Justice of Ontario were not, as he is, not only a sound and able lawyer, but also a man of superlatively strong practical common sense, intimately acquainted with the habits of the people and the nature and necessities of their business relations: if the Chief Justice of the Common Pleas were not, as he is, not merely a man of a high order of attainments and sparkling wit, but also a bril liant, well read and excellent lawyer: if the Chancellor had not, as he has proved he has, a remarkably sound judicial mind, combined with great industry and experi ence: and if they would not collectively, including of course the Chief of the Court of Appeal, form a very strong and satisfactory appellate court-we could understand some benefit to be gained by a course being taken which has the practical effect of passing them over; but we fail to see the wisdom of placing younger men, more fitted, from their natural vigour, for the toils of circuit work, in a position which, however well they may fill it, is more suitable for men at least equally capable and of ripened experience, and who, from their long and faithful service, are entitled to some relief from the more arduous portion of their

THE CONSOLIDATION OF THE STATUTES.

duties. But whilst we take exception to the scheme which has brought about the result, we should show very little knowledge of the learning and ability of the Vice-Chancellor, who has just been gazetted as one of the Justices of Appeal, ("Senior Justice" it is said, whatever that may mean), if we deprecated his appointment, for we venture to assert, that high as he stood as a Judge of first instance, his reputation will be greater when his duties will be chiefly with matters of pure law. And if we are correctly informed as to the other gentleman who is to be taken from the present Bench, his appointment will be equally unexceptionable, and alike honourable to himself as to the appointing power. But notwithstanding this, we have no hesitation in saying that the profession and public would be best satisfied if a higher salary had been attached to the position of the Justices of Appeal, and if the three Chiefs had been placed in the appellate court.*

THE CONSOLIDATION OF THE STATUTES.

We are glad to hear that the work of consolidating the Statutes applicable to Ontario is under way. The consolidation of 1858-9 was entrusted to men of great experience, having amongst their number some of the highest legal talent of the

Since the above was written, and as we go to press, we hear that Mr. Justice Gwynne has declined to go into the Court of Appeal, on the terms of the Gazette, appointing Mr. V. C. Strong as "Senior Justice." We presume on the very intelligible ground that when the position was offered to him it was on the implied understanding that the order of precedence between himself and any other person who might be appointed should not be interfered with, and that the inversion of precedence was in fact a breach of faith on the part of the government, and contrary to established usage. The gentlemen from the Bar will probably be Mr. Burton, Q. C.; Mr. Proudfoot, Q. C.; and Mr. C., S. Patterson, Q. C.

country. The result was on the whole very satisfactory. A different plan is to be adopted on this occasion, and though doubts have been expressed as to the advisability of the course proposed by the Attorney General, we do not intend, as the plan has been settled, even if we desired to express any strong opinion against it, to say anything which could in any way create an unfavourable impression of that which should and will be judged solely upon its merits, when the important work has been completed.

The preliminary work will be done by three junior Barristers, under the immediate and direct supervision of the AttorneyGeneral, and we understand it is intended that all doubtful questions which may arise as to jurisdiction, construction, implied repeal, &c., will be referred to the judges, either from time to time during the progress of the work, or in bulk as soon as the consolidators have brought the new volume as near perfection as they can. Of course the obvious difficulty that presents itself is, whether the AttorneyGeneral and the judges can find the time to devote to such an arduous and engrossing business, for to be of any use, they must not only be all agreed upon the scheme of consolidation, but must also be thoroughly familiar with the details of the preliminary work, in fact it would be desirable that they should follow it from the beginning to the end; this, however, would be manifestly impossible.

All this would seem to show, if there is any force in our objection, that the whole work should have been entrusted to persons of the same experience and calibre as those who had charge of the consolidation of 1858-9; but, on the supposition that the AttorneyGeneral and the judges can give the necessary time to it, we see many advantages in the proposed plan.

It will be necessary in the first place, to lay down some general plan on which

THE CONSOLIDATION OF THE STATUTES-LAW SOCIETY.

the Statutes are to be consolidated, and it is perhaps right that the duty and responsibility of determining this should be assumed by the Attorney-General. There is a good deal of difference of opinion amongst the profession upon several points. One prominent one we may mention: whether the present language, with all its repetitions and redundancies, is to be adhered to, or an attempt made to simplify and improve the language of the Statutes. Even the bolder course of a codification is not without advocates. It will be a long work, and a work of great drudgery to "rough hew" the great body of the Statute Law of Ontario into anything like a symmetrical form; and it is well that men who can give their whole time to the work should be engaged in this operation. But the final work of preparing the body of consolidated laws to be submitted to the Legislature must be undertaken by the very best and ablest jurists in the country. This will be a practical necessity; for it is quite obvious that the consolidation, as finally prepared, must be accepted on faith. It would be absolutely impossible, without common consent, to pass any such measure in the ordinary way. There would be material for a discussion for years in such a work. If, then, the present is merely intended as preparing the ground, and it is intended finally to appoint two or three men of long experience, high standing and familiarity with the subject matter finally to prepare it for the Legislature, it is well, otherwise the work will be abortive.

The gentlemen who have been selected to do the preliminary work are said to be Messrs. F. Joseph, Langton, Biggar and Kingsford. The three latter are University honour men. Of Messrs. Langton and Biggar, having been on the staff of this journal, we can speak with confidence of, and with much pleasure testify to, their

ability and industry. Mr. Joseph has had some experience in the sort of work which he will have to do, and he is a careful and painstaking compiler; and if young men are to be chosen (and such is the fashion now-a-days, though some might like to see professional plums given to older men who have "borne the burden and heat of the day," and who also have time on their hands), we think the selection is a good one. The consoli

dation of 1858-9 will be a model for the new volume, and the learning and skill there displayed will be of the greatest value.

We wish the consolidators every success in their labours and shall be glad to congratulate all parties concerned upon a successful result. On a future occasion we shall refer more particularly to the nature of the work to be done.

LAW SOCIETY.

EASTER TERM-1874.

We are glad to see that the Hon. Mr. Justice Gwynne has returned from his recent trip to Europe, looking extremely well. He is taking Chambers and Practice Court this term, relieving Mr. Dalton for a time from his too arduous duties.

Business in both courts is unusually brisk, there being no less than sixty-five cases on the trial paper of the Queen's Bench, and thirty-three on that of the Common Pleas.

Thirteen gentlemen presented them selves for call to the Bar. Of these Mr. E G. Patterson was the only one who succeeded in passing without an oral on the merits. He distanced all competitors, passing a most satisfactory examination. Messrs. C. E. Ryerson, G. E. Frazer, P. M. Barker, H. M. Deroche, J. E. Terhune, A. S. Ball, and F. D. Moore, were also admitted without an oral, having previously passed as attorneys. Four gentle

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