matters of science, no other authority ought to be submitted to. All, therefore, that the editor has to wish is that these reports may have leave to speak for themselves, and that reason with respect to them may be allowed to stand in the place of authority."

The instructive chapter which precedes the cases, entitled "A proposal for rendering the Laws of England clear and certain," gives the volume a degree of peculiar interest, independent of the value of many of the reported cases. That chapter begins with words which ought, for the information of every people, to be printed in letters of gold. They are as follows-"Nothing conduces more to the peace and prosperity of every nation than good laws and the due execution of them." The history of the civil law is then rapidly traced. Next a history is given of English reporters, beginning with the reporters of the Year Books from 1 Ed. III. to 12 Hen. VIII.-being near 200 years-and afterwards to the time of the author. In speaking of the qualifications of a good reporter, he says:

A good reporter should have a liberal education, understand both the theory and practice of the law, be able clearly to comprehend the reasoning of the judges, and be ready at writing down what he hears in shorthand, or otherwise, and afterwards digesting it." So in his preface he says: "He is the best reporter, who relates the greatest number of circumstances of a case and the reasons of the Judge, most at large. And, indeed, by a too earnest desire to be concise the reporter often becomes obscure; an error of the worst kind, and which is here carefully avoided." This was remarkably good advice in 1770, and has, by very many calling themselves reporters, been since disregarded. If Cunningham were now alive we think he would be appalled at the number of companions one is obliged to place alongside of his, in bookshelves. With the increase of the number of volumes is increased the labour of those who are obliged to refer to them.

This volume of Cunningham's (like "Bellewe's Cases" and "Choyce Cases,") is, in type, paper, binding, &c., a fac simile of the original. The scarcity of the volume and consequent high price has been the inducement to the publishers to reprint the volume.

SIR GEORGE COOKE'S REPORTS AND CASES OF PRACTICE IN THE COURT OF COMMON PLEAS, 1706 to 1747. The third edition, with the additional cases and references contained in MS. notes made by L. C. J. Eyre and Mr. Justice Nares. Edited by Thomas Townsend Bucknill, of the Inner Temple, Barrister-at-Law. London: Stévens & Haynes, 1872. In 8vo., £3 3s. This is the fourth volume of Messrs. Stevens and Haynes' series of antique reports. Like its predecessors it is a fucsimile of the original. Sir George Cooke was Chief Prothonotary of the Common Bench. His reports have long been out of print. They have at all times been in good repute and copies anxiously sought for. In 3 Wilson, 184, Sergeant Jephson, citing Palmer v. Sir J. Edwards, said, "See the case at length, for it seems well reported by that very able chief prothonotary of the C. B.”

The reason given by the publishers for the selection of Sir George Cooke's Reports as the next volume in the series, was because of their having become possessed of a copy formerly belonging to Mr. Justice Nares, and containing numerous MS. notes. These notes appear to have been partly his own and partly copied from notes made by Chief Justice Eyre. The authenticity of these notes is confirmed by Mr. Justice Nares. by Mr. Justice Nares. In Crossley v. Shaw, 2 W. Bl., 1088, he is reported to have said, "I have seen a manuscript note of Chief Justice Eyre of the case of Rawlins and Parry, which agrees with Sir George Cooke's."

These additions will add greatly to the value of the original volume. They have been carefully revised by the editor.

The original volume was published "In the Savoy, Printed by Henry Lintot (assignee of Edward Sayer, Esq.), for J. Stephens, at the Hand and Star, in Fleet Street; J. Werrall, at the Dove, in Bell Yard, near Lincoln's Inn ; T. Waller, at the Crown and Mitre, and W. Sandby, at the Ship, in Fleet Street, 1747." Law books never can die or remain long dead so long as Stevens & Haynes are willing to continue them or revive them when dead. It is certainly surprising to see with what facial accuracy an old volume of reports may be produced by these modern publishers, whose good taste is only equalled by their enterprise.

SIR ROBERT BROOKE'S NEW CASES IN THE TIME OF HENRY VIII, EDWARD VI., QUEEN MARY. Collected out of Brooke's Abridgment, and Chronologically arranged, together with March's Translation of Brooke's New Cases, reduced alphabetically, under the proper heads and titles, with a table of the principal matters. London: Stevens & Haynes, Bell Yard, Temple Bar, 1873. 8 vo., Price £4 4s.

Robert Brooke, whose name this volume bears, was son of Thomas Brooke, of Cleverley, in Shropshire, by Margaret, his wife, daughter of Hugh Grosvenor, of Earmont. He was born at Cleverley, in the County of Salop, laid a foundation of literature at Oxford, and was educated in the law at the Middle Temple, "where he became the completest lawyer of his time." In 1542 he was elected antumn reader of the Temple, and in the latter end of the year 1550, elected a double reader. In 1552, he was made Serjeant, and in 1554 returned to the House of Commons, of which he was elected Speaker. The marriage of Queen Mary with Philip of Spain is said to have been the object of the assembling of Parliament. The session has, however, been better known from Protestant historians, who revile it for its proceedings and penalties against heretics and the efforts to restore Papal power. Brooke was a zealous member of the Roman Catholic religion, and gave so much satisfaction to the Queen for his zeal in its cause that she made him Chief Justice of her Bench. This was in 1554. He died September 5th, 1558, and is buried in the chancel of Cleverley Church, where a fine monument in the north wall may yet be seen to his memory.

This volume was his first volume of reported cases. It is called "little," either because of the size of the volume, which was very diminutive in the early days of folios, or because the title of the original edition shows it is. "Ascvns Nouell cases de les ans et temp. Le Roy. H. 8, Ed. 6, et la Roygne Mary." "Ecrie ex le Graund Abridgment, composed per Robert Brooke, Chiualier tc. la disperse en les Titles. Mes Icy Collect, sub. ans.: Anno Do., 1578. Incedibus Richardi Tottelli." The volume is occasionally cited as "Bellewe's Cases temp. Hen. VIII."

Though compiled by Bellewe there is no indication that he was the author, but in the very interesting epistle prefixed to the "Cases temp. Richard II." Bellewe states that the favour extended to his collection of "Brooke's New Cases," prevailed with him to publish another volume. His collection of "Brooke's New Cases" was published in 1578, seven years prior to his "Cases temp. Richard II." The "Cases temp. Richard II." was the last volume he published, though in the preface he indicated an intention to publish other volumes of collections of cases. He compiled the two collections upon different systems, one under years and the other under titles; but it would seem that the chronological arrangement was not so useful as the other, for March, in his translation of "Brooke's, New Cases," has reduced them alphabetically under their proper titles.

Both the original and the translation having long been very scarce, and the mispaging and other errors in March's translation, making a new and corrected edition peculiarly desirable, Messrs. Stevens & Haynes have reprinted the two books in one volume, uniform with the preceding volume of the series of early reports.

This, like the other volumes of the series, is a fuc-simile of the original. We notice that Kelgage's (W.) Reports and other volumes are in progress. We assume from the fact that the series is so regularly continued that the enterprise has not been a losing one. It cannot be a source of much profit considering the great expense of publication and the very limited edition that is likely to be in demand. If the publishers save themselves from actual loss they will, we understand, be satisfied. But as their public spirit demands a better reward, we hope there will be profit as well as compensation in store for them.

ONTARIO LAW LIST, AND SOLICITOR'S AGENCY BOOK. By J. RORDANS, Law Stationer. Seventh Edition. Rowsell & Hutchinson, 1873. This Edition comes to us with many improvements and additions. It is now so well known, and so highly appreciated, that it is unnecessary to dilate upon its usefulness. We notice an improvement in the binding, which is very acceptable.

That all other candidates for admission shall pass a satisfactory examination upon the following subjects, namely, (Latin) Horace, Odes Book 3; Virgil, Æneid, 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 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 OCTOBER.

1. Wed... Master and Reg in Chancery. Clerks and Deputy Clerks Crown to make return of fees.

5. SUN.. 17th Sunday after Trinity.

6. Mon... County Court Term begins.

THE

Canada Law Journal.

Toronto, October, 1873.

We publish in another place the judgment of Judge Boswell, of Cobourg, as to the legality of the assessment of Bank Stock; and, in a note to that case, we also refer to the decisions of other County Judges. So far as adjudicated cases go at present, they stand two to two. The majority of the County Judges at their recent meeting came to the conclusion that the assessments were illegal. We cannot say that as yet the matter has been so thoroughly discussed or so fully considered as to warrant any definite conclusion. It is possible that the subject may be adjudicated upon by one of the Superior Courts, should no preliminary objection bar the way.

The Judicial Committee of the Privy Council has been taking effectual steps to expedite the disposal of appeals depending before them. At present it is expected that all arrears will be cleared off before the end of the year, although some 195 cases are on the list to be heard, of which 19 are from different Provinces of the Dominion. With a view to the despatch of business an order has been promulgated providi: hat appeals are to be set down for hearing within a period not exceeding twelve months from the date of the arrival and registration of the transcript of appeal in England. Failing this, the Lords are to be at liberty to call upon the appellant to. show cause why the appeal should not be dismissed for non-prosecution, and, if they. shall so think fit, to recommend to Her Majesty the dismissal of any such appeal.. No doubt, in case of a dismissal for nonprosecution, the appellent. would be ordered to pay costs.

A paper was lately read before the Medico-Legal Society of New York, by Dr. Beard, in which he maintained that out of the fifty thousand physicians in the States, there were only one or two hundred whose opinion in difficult psychological cases would be of value in a court of justice. We fear that if accurate investigation were made, Ontario would not show more favourably in this matter. There is such rivalry in medical schools that the tendency is to multiply graduates, whose attainments are not at all in proportion to their numbers. We hope that the same infection is not about to extend to Universities which confer degrees in law. It is bad enough to have Q.C.'s flocking into court in such swarms that there is not room enough to receive them, but it will be more intolerable to have "Doctors of the Laws " thrust upon the profession, whose recommendation has been the capacity to run the gauntlet of a nominal examination.

It is a duty which we owe to the profession, as well as to ourselves, under the rules laid down for our guidance as journalists, to discountenance anything which can be looked upon as unprofessional or inconsistent with a nice sense of what is due to the honourable profession to which we belong. Our notice has been drawn to a circular, which calls the attention of practising attorneys at a distance to the fact, that the subscriber has been appointed Master and Deputy Registrar in Chancery, at a certain county town in Ontario, the name of which it is not necessary to mention. The circular then continues :-"Any Common Law Agency business entrusted to his care, will receive prompt attention." The person who thus seeks to bring himself to the attention of his brethren, should remember, in the first place, that he occupies a quasi judicial position, which is, by means of this circular, made to do duty in

a way which is alike improper, unprofessional, and unfair to his fellow practitioners, who are obliged to depend upon their own merits for business, they being unable to present any attraction so glittering as that of Master and Deputy Registrar in Chancery. Were we inclined to joke on the subject, we might refer to the transparent logic which deduces the capacity of the advertiser for Common Law Agency business, from the bare fact of his being a local Judge in Chancery. But believing, as we do, that had our young friend thought twice on the subject, the circular would never have been written, we shall not pursue the subject further.

an

The case of McLean v. McKay, appeal from the Supreme Court of Judicature for the County of Halifax, in the Province of Nova Scotia, in the Dominion of Canada," has lately been decided by the Privy Council. The question was one upon the construction of an inartificially drawn clause in a deed of conveyance upon which the decree of the Judge in Equity, the Court of first instance, had been in the plaintiff's favour. The case was appealed to the Supreme Court, consisting of five judges, of whom the Judge in Equity was one. The Common Law judges were equally divided in opinion on the appeal, but the Equity Judge, having changed his first view of the case, turned the scale against his own decree. Sir Montague Smith, who delivered their Lordships' judgment, blandly regrets that the learned Judge in Equity should have found occasion to change the opinion to which he had originally come, for their Lordships were of the opinion that his first judgment was right. A little further on we find his Lordship indulging in a little pleasantry as to some alleged local usage in the town of New Glasgow, where was situate the land in question. He observes "Soon after McLean pur