LAW SOCIETY-MICHAELMAS TERM, 1873. University Class. RICHARD W. H. N. DAWSON. JOHN E. K. GOURLAY. F. M. MORSON. ROBERT SHAW. WILLIAM H. CULVER. FRANK S. NUGENT. RICHARD P. PALMER. ALBERT A. F. WOOD. Junior Class. TREVELYAN RIDOUT. JAMES V. TEETZEL. JOHN ALEXANDER PALMER. HARRY DUDLEY GAMBLE. GEORGE EDGAR MILLAR. LORENZO UDOLPHUS C. TITUS. RALPH WINNINGTON KEEFER. OLIVER RICHARD MACKLEM. JAMES NORRIS WADDELL. JAMES RYMAL. HENRY RYERSON HARDY. ROBERT CONOLLY MILLER. E. SYDNEY SMITH. The above names are all given as on the rolls, and not in order of merit. 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 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 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, INDEX. Abatement-By Bankruptcy of plaintiff - Costs.. Abstract of Title-See Vendor and Purchaser. Accident-See Burden of Proof. Account-See Bank-Husband and Wife-Injunction. Accountant's office-Clerk in-Description..... Accumulation-See Will. Action at Law-See Bill in Equity-Damages-Injunction-Nonsuit. Adding Parties-See Amendment. Additions, Curious legal........ Ademption-Testator's advances and gifts to wife and children, after date of will, held not part of shares under will... See Legacy-Will. Administration of Justice Act considered....... Construction of Statute, sec. 59-64.. See Executor and Administrator Administration of Justice in Toronto........ Administrator-Representation of insolvent estate. Admiralty-See Burden of Proofs-Jurisdiction. Advance-See Ademption-Copyright. Advancement-Cottage purchased in name of son as trustee for his father See Cy Pres. Adverse possession-See Trespass to Land. Advertisement on Sale-Misdescription..... .......... ........ 302 2 90 109, 135, 139, 335 .....165, 193 Affidavit- Commissioner-Swearing before law partner....... Entitling of...... Entitling in insolvency........ In reply-Cross-examination on... Filing on return of summons... Taken before a notary public in America, at place one hundred and twenty miles distant from British Consul.... See Production of documents. Age-Presumption of law as to child bearing..... Agent-Service on Toronto agent-See Notice to plead. See Husband and Wife-Principal and Agent. Agreement-See Contract. Alimony, Interim-Prima facie case for........... Allotment-See Company. Amendment- Adding and striking out parties under the common order....... Striking out portions of bill-Costs....... See Law Reform Act-Writ of summons. Annuity-Construction of will-Absolute gift...... . . .. See Payment-Penalty. Answer-Leave to, after order pro confesso..... See Married Woman-Supplemental answer. Appeals (Chancery)- Costs in cases of considered....................... Applications in the nature of-Irregular filings-Jurisdiction of Referee.. Costs of reference under a decree reversed....... Leave to Application for-Delay.......... Appeal Bond-Regularity of-Entitling..... Appeals, (Error and Appeal)- · Struck out as not set down in time-Respondent's costs...... Appeals, (General Sessions). Preliminary objections to right of entering... Appointments- Failure to comply, with terms of-Next of kin.. ......... Judicial-Oxford and Cambridge Universities... Of Negroes to the Cabinet in U. S........... PAGE 37 306 159 192 313, 368 160 211 238 90 213 154 44 371 237 Quasi Arbitrator not liable for want of skill or for negligence, if acting honestly 299 Of Bank Stock-whether assessable as personal property...........259, 261, 277, 294 See Carrier-Mercantile agency-Privileged communication-Solicitor. Autumn Assizes, 1873......... 'Average-Partial or total loss-Sale by court..... Award-See Penalty. Balance of purchase money-See Purchase money. Bailment-Colorable transactions-Bailee's title.... See Contract-Carrier. 90 Bank-Bills deposited as security for particular and debt held for general account............. 300 Drawing balance from Bank, knowing that bankruptcy impending is an act of..... 300 300 Goods transferred to credit of a bankrupt on the books are not "in possession" 800 Money paid by a creditor to obtain possession of goods, in ignorance that owner ........... 90 debt Mortgage to secure repayment of debt-Creditor's right to cease with discharge of See Abatement-Bills and Notes-Insolvency-Principal and Agent-Priority- Bequest-See Appointment-Contributory-Devisee--Executor and Administrator-Legacy- Bill of Sale-See Description. Biographia Juridica, Foss and his........... Bond-Void on payment by instalments not within the Statute of Limitations... See Appeal bond-Bottomry-Security. "Bovill Patent," The Breach of Promise-See Evidence. Broker-Contracting for fruit, not liable for error in judgment as to average quality.. False representation, purchaser liable for goods bought under 251 .... 135 .... 225 213 91 91 188 188 Burden of proof-Rule of proving blame and inevitable accident in Courts of Admiralty and By-Law-Repeal of............ To recoup an individual money advanced for a railway... Cancellation-See Will. Cargo-Description of-Necessity which justifies master of ship in selling goods of absent Carrier- Railway company not liable for bullock killed in consequence of "his inherent 213 Railway company not liable for injury happening from the "proper vice" of a 213 From Division Court-Variance between declaration and claim....... 238 PAGE Chambers (Chancery)— When decree against infants made in Chambers (Common Law). See Judge in Chambers. 54 Champerty-Agreement to give half of property obtained by contesting will is Champerty... 300 Channel, Sir William-Death of........... Change of venue-Sec Venue. Charity-See Legacy-Perpetuity. Chancery- Appointments. Autumn Circuits, 1873. Spring Sittings, 1873...... Summary jurisdiction of... See Appeals-Chambers. 101 Charter Party- Effect of-Exception of-Danger of the seas-In bill of lading... 91 Person shipping on behalf of party abroad liable for a breach of charter party Shipowner liable to charterer for damages caused by unfitness of his vessel......... 91 Chattel mortgage-See Distress-Husband and wife. Child-bearing-See Age. Chose in action-See Executor and administrator-Husband and wife. ............. Tug entitled to salvage, though some of her owners owned the vessel which 214 Composition-See Bankrupt. Compromise- Court to ascertain the bona fides and truth of claim and counter-claim.........214, 215 See Ejectment. Condition.-See Contract. Condition Precedent-See Contract. Conditional Gift-See Perpetuity. Condonation-See Guarantee. Consolidation of Suits- Suit in which subsequent proceedings must be carried on.... Constable-Fine, Tender of, to..... 368 190 |