clause 64, it follows that it must necessarily be inconsistent with the other clauses, or it would not have been inserted at all. Further the expression in clause 59 "including the present year" (which applies only to the May Courts) is nothing more than the law would imply if those words were not there.

I think the residue of clause 59 cannot be excluded from the words "the other Sections " in clause 64, from the following considerations:—

Clause 64 seems to be intended to declare the times for the Act coming into force, and it does declare them as to every part of the Act-unless it be those portions of clause 59, and it seems not likely that it could have been the intention to omit so small a part, where all the rest is declared. In saying this I do not lose sight of the words "including the present year" in the 59th clause. And if any one shall attribute force to these words, an answer is, that they are not applied at all to the enactment of sec. 59, as to the September General Sessions. This fact must be borne in mind in all that I have further

to say.

Then, as to the expressed intention, what could be the purpose of inserting in clause 64, an express provision as to "so much of the 59th sec. as relates to the Sittings of the County Court in September?" If it were intended that the whole clause should come into operation forthwith, why was not clause 59 inserted in sec. 64 after clause 58, without any special mention of the September County Court? That would have been the natural way of expressing such a purpose. To my apprehension those words are meant to contradistinguish the enactment as to the September County Court, from the rest of clause 59. And if so, at what time is the rest of clause 59 to come into operation? Again can this half section, with propriety, be held to be included in the words "the other sections" in clause 64? First observe that it "the other sections." says The word section has no technical meaning, nor indeed any very exactly defined meaning. No doubt it is usually applied to the numbered paragraphs of an Act, and in this very clause 64 it is used in that sense, but it does not necessarily mean that. It means a part divided or cut off, and it seems to me that after excepting a portion of clause 59, and then referring to "the other sections" of the act in a clause like 64 which seems to be purposed to declare the time of the Act taking effect, it may without any straining of language be held to apply to the residue of clause 59-if the apparent dominant intention of the Legis. lature require it. If a piece of chalk were

[C. L. Cham.

broken in two each half would be a piece of chalk, and so if the section of an Act consisting of distinct parts, be divided, I do not see why each part should not, in one sense, be called a section, because each is really a distinct enactment, although each would not be a numbered paragraph. In our Real Property Act the same word "Rent," occurring repeatedly throughout the Act, is construed in three different senses, because the general intention required it. (See Leith's Blackstone pp. 206, 208). I put great stress here upon the expression, "the other sections," as though it were intended to include all the rest of the Act.

Then, as to the necessity of construing the Act, as in the last paragraph suggested. If the enactment in clause 59, as to the September General Sessions, is not within the words "the other sections," in clause 64, it seems to me it must come into force at the passing of the Act, or never come into force at all. Should any one think this proposition untrue, I would ask him to consider at what time, in such case, it comes into force, if not at the passing of the Act, and why. I think the proposition is true, but the supposition that the enactment is intended never to come into force is absurd-therefore it must come into force at the passing of the Act. Remembering then that it is the expressed intention that we are looking for, and that clause 64 enacts that "" 'so much" of 59 as relates to the County Court in September, shall come into immediate operation, and that it is silent as to the General Sessions for that term, and as to all the rest of clause 59, the spirit of the maxim, "Expressio unius est exclusio alterius," applies, and to ordinary apprehension, what is said and what is omitted, together distinctly convey the intention of the Legislature that the residue of clause 59 shall not come into immediate operation. It is indeed a very strong expression, by exclusion, of that intention. The above maxim of construction has been lauded as one naturally arising-being a principle of logic and common sense, and never more applicable than when used in the interpretation of a Statute: Broom's Legal Maxims, 5th Ed., 664, 667. But, I take it, it affords from necessity just as strong an indication of another intention, which is, that the words "the other sections" shall include the residue of clause 59, because, if not, the enactment as to the September General Sessions must either come into force at the passing of the Act, which I think is proved to be against the intention, or never at all. The words in section 59, which apply to the holding of the May Courts," including the present year, "--can

make no difference-for they merely express what the law, in the construction of section 59, would imply, if those words were not there, and the enactment as to the May Courts must still be controlled by section 64, as being within "the other sections."

I therefore feel forced, step by step, to the conclusion that the whole of section 59 is postponed till January, except the part as to the County Court in September, and that, consequently, there is no sitting of the County Court this May.

The notice of trial must be set aside, but without costs.

From this judgment the plaintiff appealed to RICHARDS, C. J. :-I quite concur in the conclusion arrived at by Mr. Dalton in his able judgment. I have also had the opportunity of consulting the Hon. the Chief Justice of the Court of Common Pleas on the subject, and he authorises me to say that he is of opinion that that portion of the 59th Section of the Act for the better Administration of Justice which provides for the Sitting of the County Court of the County of York, on the second Tuesday in the month of May, does not come into force until the first day of January next.

If that portion of the Act is now in force, then the whole section would seem to be in force, and if that was the intention of the Legislature it would have been much easier to have said that the 59th section shall go into force forthwith, than merely that so much of it as relates to the Sitting of the County Court in September of every year, shall go into force forthwith. I do not think, however, there is any mistake or incon. sistency in the matter. It is probable when the Statute was introduced it was intended to bring the whole Act into operation at once. On further consideration it was no doubt thought better to postpone the bringing into force the principal enactments until after the first of January next, and therefore it was quite proper to postpone, until that period, the operation of all the sections that were framed with a view to carrying out the main portions of the Bill.

One of the prominent features of the Act was a fourth sittings of the Courts of Assize and Nisi Prius and Oyer and Terminer for the County of York. That sitting was to be held between the end of Easter Term and the beginning of the long vocation in July. Now the end of Easter Term of this year is Saturday the 7th of June. The second Tuesday of the month of June will be the 10th of June. If the County Court were to sit for a fortnight it would cover

[C. L. Cham.

a portion of the same period for which the additional Assize Court would be sitting, under the new enactment for that purpose, if it had come in force. To prevent this, the change was provided for in the Bill of having the sittings: of the County Court on the Second Tuesday of May instead of the second Tuesday in June. But as it was thought better that the additional sittings of the Assizes should not be held this year, therefore it was unnecessary to change the time for holding the County Court and the Court of General Sessions from June to May, and consequently that portion of section 59 which relates to the change need not be brought into operation until the rest of the Act was.

It was felt to be an evil that County Court cases were rushed in upon and swelled the dockets at the Assizes, particularly in the Fall, to the prejudice of the legitimate business belonging to the latter court. The County Court sittings in the County of York, for the trial of issues of fact, being in June, were not held again until December, a period of six months, and the Fall Assizes intervening, the evil referred to was felt to be pressing, and would be quite as much felt at the coming Fall Assizes as at any time. Principally to relieve this undue pressure of County Court business on the Assizes, the fourth sittings of the County Court and General Sessions was provided for in the Bill, and as no practical inconvenience would result from bringing that provision of the Statute into force, it would naturally occur to any one who knew of the evil complained of, that the pressure of business of the Fall Assizes of this year might be very much relieved by having a sitting of the County Court in September. If that idea was present to the mind of the framer of the sixty-fourth section he would be likely to make some provision in it for holding the September sittings of the County Court, and the words he has used shew that he did entertain the intention, and he seems to have used words to carry it out.

I see no reason why the simple, plain intent to be gathered from the 64th section, that only so much of the 59th section as relates to the sittings of the County Court in September should go into force immediately, and that the operation of the rest of the Act not brought into force immediately by the words of the 64th section, should be postponed until after the 1st January next.

I think the summons to set aside Mr. Dalton's order should be discharged. I do not understand the parties supporting the order ask or desire costs, and therefore I say nothing about costs.

LAW SOCIETY OF UPPER CANADA.

OSGOODE HALL, HILARY TERM, 36TH VICTORIA.

DURING this Term, the following Gentlemen were

called to the Degree of Barrister-at-Law:

ROBERT HEBER BOWES.

ALLAN JOHN LLOYD:

JAMES R. ROAF.

JOHN GEORGE KILLMASTER.

ISAAC BALDWIN MCQUESTEN.

And the following Gentlemen received Certificates of itness:

R. MCMILLAN FLEMING.

J. BRUCE SMITH.

J. GEORGE KILLMASTER. JAMES R. ROAF.

ALLAN J. LLOYD.

ISAAC B. McQUESTEN.

PETER CAMERON.

RUPERT E. KINGSFORD.

ALEXANDER SAMPSON. WICKSTEED.

And on Tuesday, the 4th February, the following Gentlemen were admitted into the Society as Students of he Laws, their Examinations having been classed as folLows:

University Class.

JAMES JOSEPH WADSWORTH, M. A. ALEXANDER HAGGART, B. A. SAMUEL CLARKE BIGGS, B. A.

ELLIOTT TRAVERS, B. A.

JULIUS LEFEBVRE, B. A.

Junior Class.

CHARLES H. CONNOR.

THOMAS G. MEREDITH.

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.

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

That a graduate in 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 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.

THE

Canada Law Journal.

Toronto, July, 1873.

The Law Times notes the statistics we recently published with reference to the results of trial by judge and by jury upon the number of convictions, and concludes by thinking it somewhat remarkable, after looking at the figures, that offenders ever elect to be tried by the Judge.

A question which has given rise to much discussion in the purliens of Doctors' Commons, has recently been for the first time expressly decided by ViceChancellor Little, of the Lancaster Chancery Court. He held with some hesitation that where a testator appoints his wife to be his executrix during her widowhood, and she dies without having married again, that her executor represents the testator: Mayers v. Langton, 17 Sol. Jour. 537.

Mr. Edwin James, who has been refused re-admitttance to the Bar of England, is about to be received into the ranks of the attorneys, unless the examiners refuse to examine him, when he must apply to the Court of Queen's Bench to compel them to do so. The Law Times says a gross indignity has been perpetrated upon the profession by the solicitor to whom Mr. James has been articled, by the insertion of the name of the latter, still an articled clerk, in the corner of the card of the solicitor.

On a trial for an assault, a surgeon, in giving his evidence, informed the Court, that on examining the prosecutor, he found him suffering "from a severe contusion of the integuments under the left orbit, with a great extravasation of blood, and ecchymosis in the surrounding cellu

bas," and that there was also "considerable abrasion of the cuticle." The Judge asked, "You mean, I suppose, that the man had a black eye." The witness answered "Yes," whereupon his lordship remarked, "they why not say so at once?"

Our valued correspondent at Halifax has sent us a judgment delivered by the Supreme Court of Nova Scotia, on the Insolvent Act of 1869." The point is doubtless of great importance in that Province, where judginents can be registered so as to bind lands in the same way as was the law in this Province. But owing to the very proper repeal of that law by our Legislature, the decision is not of importance here. The main question raised in the case was as to the right of a bonâ fide judgment creditor, as against an assignee in insolvency, where the judgment was duly registered in the proper office within thirty days of the defendant's assignment

under the Insolvent Act. The Court held that as the judgment was duly registered the Act did not destroy the preference obtained by the judgment creditor.

From the Irish Law Times, we observe that the Lord Justice Christian has been from the Bench agitating the same question as that which was some time ago discussed in the columns of the Toronto papers touching the scope of the proper duties of the Chief Clerks in Chancery, who hold a position somewhat analogous to that occupied by the Julges' Secretary. The Lord Justice in rather unmeasured terms, but with true Irish verve, has denounced the practice of the judges delegating any portion of their judicial work to inferior. officials. The Lord Justice's strictures, which have created immense and not altogether satisfactory excitement in the profession, will no doubt work a cure of the evil complained of. As will be remembered the difficulty in this Province

was overcome by the passing of an act of Parliament changing the name of "Secretary" to that of "Referee in Chambers,” and defining the duties, which as quasi judge in Chambers he might properly undertake.

The Saturday Review has recently indulged in some very uncomplimentary remarks on the Bar in England. It says that there are few really good lawyers now at the Bar, and still fewer good speakers, and that the great run of lawyers are content to scramble on with mouthsful of law picked up from day to day, as occasion requires, trusting to text books and luck for getting up the necessary information, when a call happens to be made for it. The common oratory of the Bar is said to be a deplorable exhibition, reaching a high average standard when it is just articulate, and does not too violently outrage the rudimentary laws of grammar. Of the judges even, it is said that there is hardly one, who, to say nothing of elevated. thoughts and literary subtlety, can even turn a decent sentence. English writers ought to know something of English people, but it sometimes happens that they know as little about them as they do about affairs in the Colonies; we shall therefore charitably suppose that the writer in the "Reviler" was suffering from dyspepsia, or is one of the many thousand "briefless," as yet unknown to, or unappreciated by the lower branch of the profession, the employers and paymasters of those above them.

We recommend to the notice of our readers the scathing remarks in a recent number of the Canadian Monthly touching the scandalous observations of Mr. Caleb Cushing on Sir Alexander Cockburn, who dissented from the judgment of his colleagues in the Geneva arbitration. It is evidently written by one who knows our cousins well, and-appreciates them.