Irish Rep.]

the case would have been clear and formal. The magistrates have a jurisdiction which they have not exercised. The summons required by the Act has not been issued, and the conviction that should have been pronounced has not taken place.

FITZGERALD, J.-1 concur in the decision of the Court upon the ground of public policy and public safety. It is our duty to assist the magistrates in carrying into effect the provisions of this useful Act of Parliament. The Legislature has given strong powers to the magistrates, and the reason why I comply with the application--that the order made by the magistrates under the 20th section should be quashed-is because there has not been any conviction for the breach of the order of the 27th October, 1871, nor the adjudication of a penalty of that breach of the law. The order of that date is all that it should be. It prohibits the use of the house, and directs that certain works shall be executed to render it habitable, and it is not alleged that this order was not, either in form or substance a legal order, and one that was capable of being enforced. I offer no opinion whether there should be a separate order under sections 14 and 20. Possibly, looking at the Act of Parliament, we might finally come to the conclusion that it might be done by one order, but it is clear that to enforce a penalty there should be a conviction for the offence, and an adjudication ascertaining the amount of the penalty. It is erroneous to say that under section 14 a penalty necessarily attaches to a non-compliance with its enactment; a party might satisfy the Justice that he had used due diligence, and might show a willingness, but inability, to comply with the provisions of the Act, and that he had used every exertion in his power. These are matters for the consideration and adjudication of the magistrate; he has to ascertain whether, under the 14th section, there has been any breach of the order; if so, he is to exercise his judicial discretion in determining what penalty should be inflicted-for there are two peualties, one inflicted for not having done the work, the other for a breach of the prohibition to occupy the houseand the magistrate may inflict the full fine, or reduce the penalty to the minimum amount. The Justices may exercise a discretion, and this will obviously appear by a reference to the 19th section of the Act, for under that section proceedings may be instituted in a Supreme Court to recover costs and expenses, but there must be a conviction and adjudication by the magistrates before, and I do not mean to say that you may not consider the two sections under one order.

[Irish Rep.

The only thing done by the magistrates was that which was done under the 20th section, and that fairly would import that the magistrates were satisfied. There had not been a compliance with the order, but that does not appear upon the face of the order to raise a question of juridiction. We are of opinion that before there has been a breach of the order, a conviction and adjudication, the magistrate could not make the order for payment of costs and expenses, and we declare that the order made under section 20 should be brought up to be quashed; but this will not prevent the law from being put in force, but we do not interfere with the order of the 27th October. There is no statutable limitation. The nuisance authorities can summon a party ander section 14, and under section 20 procure an order for payment of costs.

BARRY, J.-I concur in the judgment of the Court.

CORRESPONDENCE.

Professional Etiquette.

TO THE EDITOR OF THE CANADA LAW JOURNAL: GENTLEMEN.-What has the Bar of Ontario come to, when a person professing to be an 66 Ontario barrister" (at least his note paper is so headed) sends a letter to a lady, who he has learned has a claim against a company, asking her to allow him to sue them, and encloses an order for her signature, a copy of which I send

you:

SIR, I hereby authorize you to collect my claim against-, on the following terms: All risk and expenses to be taken by you; the undersigned to receive one half of the amount recovered, if successful. [Signature.]

Modest, very! Is this touting for business only, or does it amount to Champerty? Qr. If the defendant succeeded, and judgment for costs issued against plaintiff, would this Ontario barrister be worth suing to recover it from him again? Your views on the subject of the above "order" might be of service, and I think would do a great deal to stop this sort of practice.

I remain yours truly,

ETIQUETTE.

[We fear that the great increase in the number of practitioners in Ontario is dangerous to professional ethics. A case like

this brought before the Benchers, not to speak of the Courts, and rigorously dealt with, would have a beneficial effect upon those whose necessities are uncontrolled by a sense of what is due to themselves and to the honorable profession to which they belong.-EDS. L. J.]

REVIEWS.

THE BRITISH QUARTERLIES for October, republished by Leonard Scott Publishing Co., 140 Fulton St., New York.

The numbers for this quarter are exceedingly interesting, and fully keep up the character of the Reviews.

The EDINBURGH contains articles which discuss, amongst other matters, "New Shakesperian Interpretations," founded on the reproduction, in exact fac simile, of the famous first folio, 1623, by the new discovered process of photo-lithography. Then we have a sketch of the Corea, of which it is said, that "geographers know more of Central Africa and its mountains and river systems than they do of the interior of this mere promontory, interposed like a wedge between the seas of China and Japan." The present state of affairs in Japan had been spoken of in a former number, and this article is a valuable. addition to our information on this part of the world, so rapidly rising in importance to European countries. The memorials of Baron Stockmar, who is spoken of by one of his friends as an "anonymous and subterranean being," is reviewed in this number, as also in the London Quarterly. The other subjects discussed are "Terrestrial Magnetism." "The Fiji Islands," "The Progress of Medicine and Surgery," "The Past and Future of Naval Tactics," &c.

The LONDON QUARTERLY contains perhaps the most readable articles to the general reader. It commences with a never-failing subject of interest to English

men, the Duke of Wellington, on this occasion treated with reference to his capacity as a Cabinet Minister. Another matter of equal home interest is the completion of St. Paul's Cathedr.1. We fancy the contrast drawn between it and St. Peter's at Rome, most unfavorable to the former, will not be so pleasant to the hereditary cockney. "The Consciousness of dogs," "The Journal of a French Diplomatist in Italy," "The East African Slave Trade," &c., are the other articles. The BRITISH QUARTERLY commences with "The Goths at Ravenna." The next article is headed, "Immortality," which takes up the question on the stand-point of modern thinkers, and, in arguing against the prevailing spirit of infidelity and scepticism, appeals to the facts and experiences of social life, the validity of which all acknowledge, forbearing reference to the authority of Scripture. The remaining articles, which we have not space to refer to at length, are, "The Railway System of England," "The Authorship of the Fourth Gospel," "The present phase of Prehistoric Archæology," "Sir Henry Lawrence," &c.

The articles in The WESTMINSTER REVIEW, are "The Heroes of Hebrew History," The Public Libraries," "The Descent of Man," being a review of Mr. Darwin's last work, wherein he treats of selection in relation to sex. "France:

her position and prospects." "The Esthetics of Physicism," &c.

It has been held by the Court of Common Pleas in England in Grimwood et al. v. Moss, that, where a lessor, subsequently to Midsummer-day, brought ejectment for breaches of covenant committed prior to that day, and afterwards distrained for rent due up to the same day, the ejectment operated as an election to determine the tenancy, and that the distress, whether lawful or not, did not vary that election. Willes J. held that the distress was an act of trespass.

LAW SOCIETY OF UPPER CANADA.

OSGOODE HALL, MICHAELMAS TERM, 36TH VICTORIA.

DURING this Term, the following Gentlemen were

called to the Degree of Barrister-at-Law: George Dormer, Beaufort Henry Vidal, Frederick Wm. Monro, Charles Corbould, James Fletcher, John Alex. Gemmell, William Roaf, John Augustus Barron, Roderick Stephen Roblin, Martin Malone, John Rowe, Alexander Fraser McIntyre, James Robert Strathy, Robert McMillan Fleming. Charles Henry Ritchie, George McNab, John Akers, John White, John Andrew Paterson, Robt. Sedgewick, Newman Wright Hoyles, James Bruce Smith, Thos. Langton, Hugh John Macdonald, Wm. Redford Mulock, Richard John Wickstead.

And on Tuesday, the 19th November, the following Gentlemen were admitted into the Society as Students of the Laws, their Examinations having been classed as follows:

University Class.

Albert Clement Killam, Charles Joseph Holman, John Crerar, Albert Lewis, Henry James Scott, Dennis Ambrose O'Sullivan, Eugene McMahon.

Junior Class.

Thomas Dalziel Cowper, James Dowell, Jarid Alex. Morton, Luther Kendall Murton, Samuel D. Raymond, Harry Symons, Louis Adolphe Olivier, Thomas Ellis Dunlop, Thomas Edward Lawson, Arthur O'Leary, Wm. John Franks, Albert Whitman Kinsman, Frederick J. Vaunorman, Jacob L. Whiteside, James Fullerton, John Jerman Manning, George Miles Lee, Daniel Webster Clendinnan, Lawrence H. Dampier, Edward Jackson Stuart, John Franklin Monk, Jas. Saunders Nainer, John Bishop, Raynaldo Wigle, James Bond Clarke.

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 3; 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 examin ation 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. HILL YARD CAMERON,
Treasurer.

scathed. Of the others, but especially Malins V. C., the reversals of their judgments are, as the Solicitor's Journal puts it, "uncomfortably numerous." It is said that Counsel now advise after the following fashion: "Such is the effect of the late decision of V. C.-, but as it seems almost a matter of course to appeal against his decisions, you should wait a bit, or make enquiries if an appeal is entered, or likely to be."

The Exchequer Chamber, in Mouflet v. Cole, 21 W. R. 175, has definitely determined a much-vexed question as to the manner of measuring distance, in, for instance, covenants in restraint of trade, where a person binds himself not to carry on a certain business within five or six miles of a given point. They hold that it is to be measured by a mathematically straight line from point to point, as on a map, disregarding inequalities of ground and the curvature of the earth's surface. The advantage of such a mode of measurement is that it will not be liable to change with changing circumstances, but will remain permanently the same.

Mr. Charles Edward Pollock, Q. C., has been appointed to fill the vacancy in the Court of Exchequer caused by the retirement of Baron Channell. Sir George Honyman was mentioned as a likely man, but choice has fallen upon the son of the late Sir Frederick Pollock. The Law Times considers the appointment, standing alone, unobjectionable,

but not the best that could have been made. It says :—

"The new Baron is what is known as a good all round lawyer. His experience has been of that miscellaneous character which makes a useful but not a powerful judge. The same remark may be made of the two previous appointments, and for this very reason it was hoped that one of our prominent commercial lawyers would be selected by the Government. Of all

the courts the Court of Exchequer is the most colourless, if we put on one side the remarkable and, if we may use the expression, almost brilliant common sense of Baron Bramwell. The judges are painstaking and fairly able. The new Baron is cast in the same mould. Whilst, therefore, we have nothing wherewith to be discontented we have somewhat to regret, and trust that the mistake will be remedied when it be comes necessary to fill the expected vacancy in the Court of Common Pleas."

JUDICIAL SUGGESTIONS FOR

LAW AMENDMENTS.

(1.) "I trust the Legislature will yet make the law of evidence what it ought to be the means of bringing out the truth, fully and freely, untrammelled with the fetters and perplexities of a goneby age and system. After a wife has been allowed, in an action to which her husband was not a party, to be asked whether he was 'a fit man to be believed upon his oath: Annesley v. Earl of Anglesea, 17 St. Tr. 1276; and after a wife has been permitted to prove that she was married to her husband before the time he swore he was married to another, a pauper, in a settlement proceeding: Rex v. Inhabitants of Bothwell 2 B. & Ad. 639; see Reeve v. Wood, 5 B. & S. 364; and since either husband or wife may prosecute the other criminally for personal violence done by one to the other, and may testify in the cause,-there need be no scruple in putting them under the like law in all civil proceedings where they are both, or either of them personally interested:" Per Wilson J., in Toms v. Township of Whitby, 32 Q.B. (Ont.) 252.

(II.) Speaking of 29, 30 Vict. cap. 42, s. 6, the same Judge remarks: "It is calculated to give great embarrassment to sheriffs, and to create great difficulty to execution creditors. It is an inconvenient method of securing to the creditor first against goods the like rank against lands, to which he is plainly en