FOTSAM AND JETSAM.

Some of our exchanges have adverted to the friendly passage at arms between the Albany Law Journal and ourselves with the observation that the solution of the difficulty between us hinges on the question whether "judicial' should be spelled with a capital letter, or "Her Majesty the Queen" with small initials. The idea of a "solution hinging on a question" is a striking figure of rhetoric, and is borrowed from a former Lord Dundreary of whom it was written :

"As thou wouldst say, my guide and leader,
In these gay metaphoric fringes :)

I must embark into the feature,

On which this question chiefly hinges."

in Italy, but we have no reason to imagine that they are less eager to promote the prosperity of their profession than the counsel or the solicitors who practice in the Probate Court or the High Court of Chancery."

Dr. Franklin thought that judges ought to be appointed by the lawyers, for, added he, in Scotland, where this practice prevails, they always select the ablest member of the profession, in order to get rid of him and share his practice themselves.-Albany Law Journal.

"The last time I met Joaquin Miller, the American poet," says the London correspondent of a contemporary, "he spoke of himself as 'Judge' Miller. I expressed my delight and surprise. I had been unaware of his judicial dignities. Indeed, I did not even suspect that he knew any law. Upon my expressing my surprise, he replied calmly-'Yes, sir, for four years I administered law in Oregon-with the help of one law-book and two six-shooters."" We suppose this one law-book was the immortal commentaries of Judge Blackstone. For does not a compatriot of the poet (who is also a poet) laud the great English legist, thus:

"Where shall we look but to the great Creator,
For one superior to our Commentator?"

The English Law Journal, after giving an account of a curious will of one Signor Ponti, containing various complex clauses which would probably result in the estate finding its way into the pockets of the lawyers, thus touchingly comments upon that happy finale: "After all, there is nothing to deplore or be ashamed of in these solutions of embarrassing wills, for it is certain that the proper support of the profession is a good thing, whereas the general advance of the human race by means of £150 prizes to essay writers, or travellers, or mechanical contrivers, is an absurd and impossible object. Besides this, we must remember that no testator since the foundation of the world has ever bequeathed anything directly to the lawyers, and therefore they are justified in the indirect reception of some small share of the wealth of dead men. We do not know whether these views are shared by our learned brethren

During the trial of a rather "demoralized " looking individual in Buffalo, not long since, one of the "lookers-on" at the bar, turning to another, and calling his attention to the jury, said, How lucky it was that such men were created, for, without them, how could the benignant provisions of our glorious constitution be carried out, which guarantee to every man the right to be tried by his peers."

Somewhat better than this was the answer of a prisoner's counsel to the remark of the judge, that "the court and jury think the prisoner a knave and a fool." "The prisoner wishes me to say," responded the counsel, "that he is perfectly satisfied-he has been tried by his peers."-Ib.

Curran used to say (and we commend the saying to the careful consideration of advocates): "When I cannot talk sense I talk metaphor." Kenyon must have been doing the same thing when he once addressed the Bench: "Your lordships perceive that we stand here as our grandmother's administrator de bonis non; and really, my lords, it does strike me that it would be a monstrous thing to say that a party can now come in, in the very teeth of an Act of Parliament, and actually turn us round, under color of hanging us upon the foot of a contract made behind our backs."-1b.

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 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:-Caesar, Commentaries Books 5 and 6; Arithmetic; Euclid, Books 1, 2, and 3, Outlines of Modern Geography, History of England (W. Doug. 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 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 certificatos 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

Canada Law Journal.

Toronto, December, 1874.

We are glad to see that the Government of Ontario seems favorably disposed to the appointment of short-hand reporters to take down evidence at trials before the judges. There is no reason why we should be behind the age in this matter. The example has already been set in the west wing of Osgoode Hall, and it is said to be a great convenience to the Bench and Bar.

We publish reports of two equity cases as to staying proceedings pending rehear ing, as these cases often referred to, but have not hitherto been reported, we have been at some pains to give them to our readers. Stovel v. Coles, decided some two years ago by Mr. Taylor, will not be found elsewhere, Campbell v. Edwards, decided by the Chancellor in June last, will appear, we presume, in due course, in the "orthodox reports.

BLUNDERS IN THE STATUTES. The gentlemen engaged in consolidating the laws of Ontario will have plenty of opportunities for improving upon the performances of the Local Legislature of Ontario, which maintains the long-estab lished reputation of parliaments for making extraordinary blunders. It was Lord. Coke who said that all things were pos sible for parliament, except to turn a man into a woman, and vice versa. The last Ontario House have been occupying themselves in stamping out acts which had been extinguished some time beforewasting their strength in slaying the dead. For instance they propose to re

peal part of section 52 of the Error and Appeal Act (C. S. U. C., cap., 13), as will appear from the schedule A appended to 37 Vict., cap. 7, Ont. But the part they attempt to deal with had already been deleted by 32 Vict., c. 24, sec. 7, Ont. Again in 37 Vict., c. 24, sec. 4, certain words are added to C. S. U. C., c. 49, sec. 85, (the act relating to Joint Stock Road Companies). But it appears that this section 85 was repealed and a new section (containing different provisions) substituted by 35 Vict., cap. 33, 8. 1. This jumble makes it rather difficult to know what the law is. However, it is well-known that the business of the Courts is to find out what the Legislature

means.

CONCERNING VACATION. Business men in England are falling foul of the long vacation there, and agitating for its abolition. In this it is not desirable that they should succeed. The best interests both of the bench and the bar demand that there should be a time for rest and recuperation for the members of the hard-worked and brain-racked profession of the law. It may be that the long vacation in England is too long and should be somewhat shortened, but it would be most injudicious to do away with it altogether.

In this country a temporary release from work is all the more necessary on account of the exhausting heat of sum

that part namely in the beginning of September which now destroys all possible beneficial results of previous sojourns at sea-side and lake-side..

The large number of lawyers who have died from over-work, even under the present system, is quite enough to stay the hand of the most rigid reformer, before he sets about abolishing vacation. Among the many eminent names that might be mentioned we can recall those of Sir S. Romilly, Sir W. Follett, Sir John Rolt, Sir G. M. Giffard, Sir John Wickens and Mr. Justice Willes (one of the few judges who did not accept the honor of knighthood.) A prominent English periodical has aptly characterized the vacation as a period of relaxation not only necessary to the individual, but in the long run advantageous to the public.

ADVERTISEMENTS FOR
TENDERS.

In these days of high rates in newspaper advertising, it pains the economic mind to see how wantonly architects and others throw away money by persisting in informing the contracting public that "the lowest or any tender will not be necessarily accepted." These words are mere surplusage and do not avoid any liability supposed to be incurred by inviting tenders to be sent in. The point was expressly raised for decision in Spencer v. Harding, 39 L. J. C. P. N. S., 332, a case which arose out of a stock in trade that had been exposed for sale by tender. The time when all tenders would be received and opened was also stated. The plaintiff made a tender, which was alleged to be the highest, and brought an action because it was not accepted. The Court observed that there was no engagement in the advertisement to accept the highest bidder. There was nothing more than a public proclamation that the defendant desired to have

offers made for the stock, and so the action failed. We think we have observed this unnecessary clause about not accepting tenders in advertisements which have been settled under the supervision of Masters of the Court of Chancery. It would be well in this matter to observe the direction of the late Chancellor Vaukoughnet, and shorten the advertisement as much as possible.

REAL PROPERTY LIMITATION.

The Legislature in England has taken a step in changing the period of statutory limitation in regard to land which should have long since been initiated in this country. Here, where the rapid growth of village, town and city, the sudden affluence of individuals, the simplicity of titles to real estate, and the frequent transfer of land as an article of commerce, work more radical and extensive changes in half-a-dozen years, than are to be found during a quarter of a century in what we speak of as "The Old Country," here, surely, rather than in England might we have expected to find the passage of an "Act for the further limitation of actions and suits relating to real property." Such, however, is the title of an Act passed in England in the last session of the Imperial Parliament, (37 and 38 Vict., cap. 57), although not to come into force till January, 1879.

One of the chief amendments of the law effected by this Statute is the allowance of a period of twelve years for making an entry or distress or bringing an action for the recovery of lands, instead of the present term of twenty years. In cases of disability, the period of ten years from the termination of such disability or death, is shortened to six years. It is further provided that the time limited for making entries, &c., shall in no case be extended by reason of absence beyond

ticipated English legislation, by the Act passed in 25th Vict., cap. 20, which enacted that no additional time should be given to absentees by reason of their absence from the jurisdiction. This Statute was commented on in Low v. Morrison, 14 Gr. 195, and Vankoughnet C. seemed to think that the change was rather too hastily introduced, as only one year was given to absentees within which to avail themselves of an existing disability. By the length of time given in England, before the Statute in question becomes operative, pains have been taken to modify as much as possible the effect of an ex post facto law.

Among the other provisions of the English Statute we may notice that the extreme period of limitation is to be thirty instead of forty years. Successive disabilities are provided for, but twelve and six years are respectively substituted for twenty and ten years in the previous Act.

Following this example we observe that the Attorney-General has introduced a bill this session to shorten the periods of limitation in Ontario. Every reasonable facility should be given for the sale and transfer of landed property in a new country like this, and no measure can have a more beneficial tendency to secure such a result than a proper curtailment of the present periods of statutory limitation.

No doubt considerations may be urged against the policy of this change. Persons holding wild lands for speculative purposes will probably object to an act which will cause them to give a little more attention to the utilization of their property. Persons whose maxim is ne quieta marre (anglice "let well alone"), will fail to see any sufficient reason for disturbing the time-honoured period of twenty years proscription. But twenty years now a days is well-nigh a life-time, and any one who allows another (say a squatter), to remain in undisturbed pos