Court." "No man knows it better, or performs it better-Jackson, call the next case."

66

"May I, my Lord, without offence, request your signature to the bill of exceptions!" "Offence, offence, Mr. O'Connell! you never offended me in your life-nor anybody else, I do believe. You're too goodnatured and good-humoured a man-and you look it." Oh, my Lord, let me at least implore of you to spare your compliments." "Truth, truth, Mr. O'Connell-and you know truth's no compliment." "Once more, my Lord, I very deferentially ask your signature or your refusal. All I want is a categorical answer." "No doubt, no doubt, you'd be satisfied with a refusal. But I don't refuse you-indeed I don't think I could refuse you anything; so mind, I don't refuse, but I do nothing in a hurry; come to me in my chamber when the court risesyour time's valuable, and so it ought--your tallents make it so." "My Lord, my Lord, you at least may spare me the infliction of your panegyric." Daniel departed, the victim of the Judge's cajolery; but Norbury in private gave the autograph, and saved at once the publicity and the penalty.

This reminds us of a story of a certain Judge in the Western part of the Province, who is said to have fined a Barrister for contempt of Court for objecting to his charge, (or rather what he was pleased to call his charge). The fine was paid, and some time afterwards the learned Judge, on thinking the matter over, gave the mulcted individual an order to get the money back. It is also said that the bewildered Barrister has ever since neglected his business in a vain endeavour to ascertain whether he was in fact fined, and if so, why; and further, why he paid the fine (if paid), and what authority the Judge had to order its return, and why he so ordered, or how otherwise.

Here and there, lingers a strong prejudice against Judge Taney for his decision in the Dred Scott case, and especially in New England, some of whose citizens object to the proposed portrait of the chief justice alongside that of Chase in the supreme court room; but Judge Nelson, upon whose memory so many honors are being bestowed, would have decided the same way. This same Judge Nelson, in the United States Supreme Court, on the Dred Scott case, quoted a very remarkable letter written by Judge Story in 1828, relating to a case analogous to that of Dred Scott. Judge Story was accustomed to write at least once a

year to Lord Stowell, sending him a copy of his judicial decisions, which the latter reciprocated. At length a case arose in the English court, (of which Lord Stowell was chief justice), where an Antigua slave was carried by his master to England, for temporary residence, and was subsequently taken back to Antigua. He brought suit for his freedom, and the inferior court decided against his right to freedom. In the appellate court, Lord Stowell, in behalf of a majority of the court, affirmed the judgment below. Lord Stowell sent the decision to Judge Story, who delayed replying so long, that Lord S. again wrote to him, expressing regret at not receiving a reply, and the hope that their pleasant correspondence, of so many years' standing, would not cease. To these letters, Judge Story replied as follows:

"SALEM, NEAR BOSTON, Sept. 2, 1828. "To Rt. Hon. Wm. Lord Stowell:

*

*

*

It ap

“MY LORD-I have the honor to acknowledge the receipt of your letters of January and May last, the former of which reached me in the latter part of spring, and the latter quite recently. I have read, with great attention, your judgment in the slave case from the vice-admiralty court of Antigua. Upon the fullest consideration which I have been able to give the subject, I entirely concur in your views. If I had been called to pronounce judgment in a like case, I should certainly have arrived at the same result, though I might not have been able to present the reasons which led to it in such a striking and convincing manner. pears to me that the decision is impregnable. "In my native State (Massachusetts), the state of slavery is not recognized as legal, and yet, if a slave should come hither and afterward return to his own home, we should certainly think that the local law would reattach upon him, and that his servile character would be reintegrated. I have had occasion to know that your judgment has been extensively read in America (where questions of this nature are not of unfrequent discussion), and I never have heard any other opinion but that of approbation of it, expressed among the profession of the law. I cannot but think that upon questions of this sort, as well as general maritime law, it were well if the common law lawyers had studied a little more extensively the principles of public and civil law, and had looked beyond their own municipal jurisprudence.

"I remain, with the highest respect, your most obedient servant.

-New York Express.

JOSEPH STORY."

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, Benjan ia 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.

DIARY FOR APRIL.

1. Wed..Collectors of last yr. to ret. rolls and pay over money (32 V. c. 36, s. 103). Master and Reg. in Chy. and Clks. and Dep. Clks. Crown to make quarterly return of fees.

3. Fri...Good Friday.

4. Sat... Last day for notices of primary examination.

5. SUN..Easter Sunday.

6. Mon.. County Court Term begins.

7. Tue..Last day for return by Local Treas. to County Treas.

10. Fri... Last day for Master and Reg. in Chy, and Clks. and Dep. Clks. Crown to pay over fees to Prov. Treas. under 32 V. c. 36, s. 115.

11. Sat... County Court Term ends.

12. SUN.. Low Sunday.

13. Mon..Storming of Magdala, 1868.

15. Wed.. Pres. Lincoln assassinated, 1865. Assessors in Tps. and Vills. to complete rolls by this date (32 V. c. 36, s. 4).

19. SUN..2nd Sunday after Easter.

23. Thu..St. George.

25. Sat... Parliament Houses burnt, 1849. 26. SUN..3rd Sunday after Easter.

THE

Canada Law Journal.

Toronto, April, 1874.

Several important changes have taken place in the Judiciary in England and Ireland. Baron Cairns has become Lord High Chancellor of England, in place of Lord Selborne, who went out with the Gladstone Government, and Sir John Karslake becomes Attorney-General. In Ireland, Lord O'Hagan, the late Lord Chancellor, bade adieu to the Bar on the 21st February last. He enjoyed a high reputation. Complimentary addresses were presented to him by the Bar and the Incorporated Society of Attorneys and Solicitors. His successor is the Right Hon. Abraham Brewster. Mr. Palles has been sworn in as Chief Baron of the Exchequer.

We are glad to learn that Mr. Walkem, whose treatise on the law relating to the execution of wills and to testamentary capacity has proved such a success, has ready for publication a small work on the Married Women's Property Acts of 1859, 1872 and 1873. It will consist of these Acts, with copious notes. The subject is not an easy one to tackle, and all we can say is, if he understands the law, it is more than any one else does. At least we are sure of this, that his book will be of great practical use, and doubtless throw much light upon many difficult points.

The United States Supreme Court, in Stitt v. Hindekoper, reported in the Legal Gazette of Philadelphia of Jan. 23rd, 1874, lays it down that it is a rule of presumption that ordinarily a witness who testifies to an affirmative, is to be preferred to one who testifies to a negative, because he who

testifies to a negative may have forgotten a thing that did happen, but it is not possible to remember a thing that never existed. The like rule was acted upon by the Court of Chancery of this Province in Wright v. Rankin, 18 Gr. 625.

One of the results of the English Judicature Act is seen in the appointment of an Equity Counsel, in the person of Richard Paul Amphlett, Q. C., to the vacancy in the Court of Exchequer occasioned by the resignation of Baron Martin. Nothing of the kind has happened since the appointment of Baron Rolph to that Court, but we may expect that the English Common Law Bench will henceforth be leavened with a continuing chancery element, in order that law and equity may be efficiently administered by the same Court. No doubt, a similar result may be looked for in this Province in consequence of the Administration of Justice Act.

The following judicial statistics are worth noting. During the year 1873, the English and Irish Judges who have died are Lord Westbury, Sir Wm. Bovill, Sir Wm. Channel, Sir John Wickens, Dr. Lushington, Chief Baron Pigott, and Mr. Justice Lynch. In the United States, Chief Justice Chase and Mr. Justice Nelson, of the Supreme Court. At present, the oldest Judge in England is Sir Fitzroy Kelly, Lord Chief Baron of the Exchequer, aged 78; the youngest is Sir George Jewel, Master of the Rolls, aged 49. The oldest Judge in Ireland is Chief Justice Monaghan, of the Court of Common Pleas, aged 70; the youngest is Mr. Justice Morris, in the same Court, aged 47.

Chief Justice Thompson, of the Supreme Court of Pennsylvania, lately returned to the practice of his profession, and while engaged in arguing a case,

suddenly paused, and sinking back in his seat, in a few moments breathed his last. He commenced life as a printer, and from that position achieved the highest offices in his State. It is a singular circum. stance that the case he was arguing, when arrested by the hand of death, was one on which, as Chief Justice of the Court, he had delivered judgment upon a former writ of error, and he was, in his last utterances, engaged in vindicating the opinion he had himself delivered. Among impressive scenes of a like solemn nature in Courts of justice, may be mentioned the death of Mr. Justice Talford, when in the middle of his charge to the jury.

It has been decided by a Court in one of the United States on the wrong side of the Rocky Mountains," that shaving by a barber was not a work of necessity within the meaning of the usual exceptions to that effect in Sunday laws, and conseqently that the tonsorial professor could not recover for services which were unlawful. A dictum to the same effect may be found in Reg. v. Cleworth, 9 L. T. N. S. 682, where the question incidentally arose on the argument as to the validity of a conviction against a farmer for work done on Sunday. Crompton, J., remarked, "I take the case of a man shaving another; the one who shaved would be liable, whilst the one who was shaved would not." To that, Mellish, Q.C., replied "that might come under the exception of a case of necessity." Whereupon Cockburn, C. J., observed, "judging from what we see all around, it can hardly be said that shaving is an act of necessity!"

ELECTION PETITIONS.

Either the last elections for the House of Commons of Canada were conducted, in Ontario, in a most grossly corrupt manner, or else there is a wild striving after purity on the part of the defeated

candidates and their friends, hitherto unknown, for we find that, so far, out of eighty odd elections more than thirty are protested on the ground of bribery, corruption and "undue influence," (whatever that may mean). Some few of the petitioners claim the seat on a scrutiny, but the frightful expense attending such a course prevents many attempts of that kind. The practical working of the statutes shows clearly that a complete revision is absolutely necessary. For example, the present system of giving particulars is simply a provision for noti fying the briber and the bribee to take a trip across the border for a few weeks, either for the sake of their health or at the call of urgent private business. Summary powers of preliminary and interlocutory examinations both of candidates. and witnesses, so as to catch and cage the evidence, from day to day, must be given before the Act will be worth the paper it is written on. The name of the other amendments necessary is legion, but these we have not now space to discuss. We are inclined to think that many of these petitions will not come to a hearing. If they do, the prospects of the Bench and Bar for long vacation are somewhat lugubrious.

OMISSIONS IN THE ADMINIS

TRATION OF JUSTICE ACT. All statutes involving extensive or even considerable alterations of the law are tentative in character. There has been a demand for reform, and the reformer sometimes overshoots the mark, sometimes falls short of it. Statutes for the "amendment of the law" as a rule require amendment themselves, in order to approximate the ideal and the actual benefits to be derived therefrom. It is but rarely, if ever, that such acts issue from the brain of the legislator in practical perfection: time and use develope the neces

sity for many applications of the amending hand. Sheridan ridiculed the process by which the full measure of ultimate benefit is evolved from statute law, by a parody on "The house that Jack built." First, he says, there comes in a bill imposing a tax; and then comes in a bill to amend the bill that imposed the tax; and then comes in a bill to explain the bill that amended the bill to impose the tax; next a bill to remedy the defects of the bill that explained the bill, that amended the bill, that imposed the tax; and so on ad infinitum. But underlying this persiflage are the substantial truths that advantageous changes in the law are arrived at only by degrees, and that frequent short-comings almost necessarily precede satisfactory legislation.

It is in no spirit of fault-finding or captiousness that we proceed to point out some omissions and defects in the Administration of Justice Act of 1873. We have hitherto spoken of that Act as we think it deserves, in the language of eulogy, as being a substantial advance in so adjusting the machinery of the several courts that the relief any suitor is entitled to claim can be meted out to him without unnecessary delay or expense. But in some respects we are inclined to think that the Act might have gone further, with benefit both to the courts and the suitors.

In particular, the state of the law in regard to actions of ejectment, is at present very unsatisfactory. This form of action is full of anomalies which it would be well to remove. Until the recent Act 36 Vict. cap. 14, (which should have been incorporated with the Act for the Administration of Justice) no costs could be taxed in undefended actions of ejectment, unless by the circuitous process of proceeding to recover them in an action for mesne profits: Steen v. Steen, 21 U. C. Q. B. 454. To counterbalance this peculiarity, we find that the courts