THE CANADIAN MONTHLY AND NATIONAL
REVIEW. December 1872, and Jan-
uary 1873.
Adam, Stevenson & Co.,
Publishers, Toronto.

With the December number, closes the second volume of this widely circulated periodical. It has now an established reputation, and its influence is becoming wide spread in this Domiuion, whilst it is an exponent of Canadian National feeling to "outside Barbarians."

We notice in the December number, a reference to the retirement of Mr. Mowat, which substantially takes the same view of the subject as we have done. It is evidently from the pen of that master of the English language, who is the mainstay of the Review, and who has established it as a power in the land. says in speaking of "Current Events:"

He

"Turning to Ontario, we find, as a matter of course, the appointment of Mr. Mowat to the Premiership unreservedly lauded by one party organ, and condemned with equal energy by the other. If the two journalists, instead of serving their parties, were speaking the truth frankly over a dinner table, both would probably agree that the appointment in itself is a very good one-Mr. Mowat being a man of undoubted character and ability-but that the transfer of a judge from the bench to a political office, if it was necessary, was a necessity much to be deplored. In a country like ours, the integrity of the judiciary is at least as important as that of the executive or the legislature; and the integrity of the judiciary can be preserved only by keeping the bench of justice entirely distinct from the political arena.

The prece

dents cited from the English practice by the defenders of Mr. Mowat's appointment, even if they were relevant, would be more honoured in the breach than in the observance. But they are not relevant. The combination of the office of Minister of Justice with that of Chief Judge in Equity in the person of the English Chaucellor is, like the judicial function of the House of Lords, a relic of a very ancient state of things anterior to the separation of the judiciary from the executive, or of either from the legislature, and it is rather retained by the national conservatism, than approved by the national judgment. Probably a separate Ministry of

Justice will be among the coming legal reforms. Meantime, the Lord Chancellor does not try controverted elections, and it is scarcely possible that any political question should ever come before him in court. That Lord Ellenborough was taken from the Chief Justiceship of a Court of Common Law into the Cabinet is true; but the measure was generally repudiated at the time, and it is certain that it will never be repeated."

The January number opens with an article on the Public Service of the Do

minion, considered with reference to the present scale of prices and wages. It scarcely needs much argument to shew the utter absurdity of paying public servants the same salaries now as were paid when the value of money was 40 or 50 per cent. greater than at present. The time has come, when public opinion will insist upon our Judges, for example, being paid salaries which will enable them to live in a style commensurate with their position, and which will command the services of the best men at the Bar. Let not the government think that there is any advantage to be gained, politically or otherwise, by delay in this matter. The country would support any reasonable increase to the salaries of the Judges. It does not need a prophet to tell us that if the present small salaries are continued, inferior men only will accept the ermine, the Bench will sink in public estimation, and the country will be the sufferers in a way, and to a degree, that it is difficult

to

over estimate. We feel convinced that this is a matter which will commend itself to the careful attention of those who hold the helm of State.

The

The salaries of these latter again are a delusion and a snare, at least to those who are compelled to give up their private business for public affairs. mere expense of entertainments devolving upon the leaders of a government would swallow up more than the paltry salaries they are paid, and leave no compensation for the labour and time devoted to the service of their country.

TREATISE ON THE LAW OF MUNICIPAL

CORPORATIONS, by John F. Dillon, LL.D., the Circuit Judge of the United States for the Eighth Judicial Circuit, &c. Chicago, U. S.: James Cockroft & Co., Publishers, 1872. We have often had occasion to admire the exhaustive and historical, manner in which text writers in the United States treat subjects upon which they write.

This book is no exception. It is a work much needed by the profession, and if we can judge from the short time that we have been able to devote to an inspection of it, one that will amply repay anyone adding it to his library. The treatment is most exhaustive and comprehensive, and the arrangement of the component parts, all, in our opinion, that could be desired. The usefulness of the work in this country will be admitted when it is remembered that a much greater similarity exists between our municipal institutions and those of the United States, than between ours and those of Great Britain. True, municipal government is not carried to the same extent with us as it is in that of the author of this work, but the duties, powers and liabilities of our municipal corporations are much more enlarged than those of England. Thus, it will be found that on reference to this work, many cases will be found "in point," where a search in an English work would be fruitless.

It is not our purpose to attempt anything like an analysis of this volumeone of some 800 pages-peculiar as it is, to a certain extent, in its arrangement; suffice it to say that it commences with a review of municipal institutions, from the almost perfect ones of early Rome down to the present time; contrasting at some length those of England and the United States. The various kinds of municipal corporations, how created and how dissolved, their powers, extent, and It concludes liabilities, are discussed.

with a couple of valuable chapters on the various remedies to prevent, correct and redress illegal corporate acts, and the different civil actions against, and liabilities of, such corporations. The volume is enriched by copious notes in which upwards of four thousand cases are referred to, many of them being given in substance. The work is well got up, being printed on excellent paper, with clear bold type, and substantially bound.

THE LEGAL CHRONICLE, Vol. 1. No. 1,
Pottsville, Pa. U. S.

The first few numbers of this new undertaking have reached us. The publication is weekly, and its chief aim, like that of most of the United States weekly publications devoted to law, is to disseminate the opinions of the Courts in advance of the regular reports.

SPRING ASSIZES, 1873.

EASTERN CIRCUIT.

THE HON. MR. JUBTICE MORRISON.

1.

BROCKVILLE...

PERTH..

CORNWALL..

KINGSTON

OTTAWA..........

6.

L'ORIGNAL.....

PEMBROKE..

Tuesday, 11th March .Monday, 17th

..Friday, 21st

Tuesday, 1st .Tuesday, 8th Tuesday, 1st

Monday, 12th

MIDLAND CIRCUIT.

THE HON. THE CHIRP JUSTICE OF ONTARIO.

.Tuesday, 11th March

Wednesday, 26th "

Monday, 31st

Wednesday, 9th April

WHITBY.

BELLEVILLE.

NAPANEE..

COBOURG.

PETERBOROUGH.

.Tuesday, 18th

...

.Tuesday, 15th

Tuesday, 13th

May

Monday, 10th March

..Monday, 17th ""

Monday, 14th

MILTON...

HAMILTON

ST. CATHARINES.

Monday, 31st

Monday, 7th

April

"

.Thursday, 24th

APPOINTMENTS TO OFFICE.

ATTORNEY GENERAL FOR ONTARIO.

Hon. OLIVER MOWAT, to be Attorney-General for the Province of Ontario, in the place and stead of Hon. Adam Crooks resigned.

TREASURER OF ONTARIO.

Hon. ADAM CROOKS, to be the Treasurer of the Province of Ontario, in the place and stead of Hon. Alex. Mackenzie resigned.

PROVINCIAL SECRETARY.

Hon. TIMOTHY BLAIR PARDEE, to be Secretary and Registrar of the Province of Ontario, in the place and stead of Hon. Peter Gow resigned.

VICE-CHANCELLOR.

BAMUEL HUME BLAKE, of the City of Toronto, in the Province of Ontario, Esquire, and of Osgoode Hall, Barrister-at-Law, to be one of the Vice-Chancellors of the Court of Chancery of the Province of Ontario, vice the Honourable Oliver Mowat resigned. (Gazetted Nov. 12th, 1872.)

MASTER IN ORDINARY IN CHANCERY.

THOMAS WARDLAW TAYLOR, of the City of Toronto, Esquire, Barrister-at-Law, in the room and stead of John Alexander Boyd, Esquire, resigned. (Gazetted 21st December, 1872.)

REFEREE IN CHAMBERS.

GEORGE SMITH HOLMESTED, of the City of Toronto, Esquire, Barrister-at-Law, in the room and stead of Thomas Wardlaw Taylor, Esquire, resigned. (Gazetted 21st Dec., 1872.)

DEPUTY JUDGE.

ROBERT P. JELLETT, of the Town of Belleville, in the Province of Ontario, and of Osgoode Hall, Esq., to be Deputy Judge of the County Court of the County of Prince Edward. (Gazetted December 6th, 1872.)

JUNIOR JUDGES.

ISAAC FRANCIS TOMS, of the Town of Goderich, in the County of Huron, in the Province of Ontario, Esq., and of Osgoode Hall, Barrister-at-Law, to be Junior Judge of the said County of Huron, in the Province of Ontario. (Gazetted Dec. 7th, 1872.)

JOHN ANDERSON ARDAGH, of the Town of Barrie in the Province of Ontario, and of the Osgoode Hall, Esquire, Barrister-at-Law, to be the Junior Judge of the County Court of the County of Simcoe in the Province of Ontario. (Gazetted 12th November, 1872.)

SHERIFF.

JAMES ALBRO HALL, of the Town of Peterborough, Esquire, to be Sheriff of and for the County of Peterborough, in the room and stead of James Hall, Esquire resigned. (Gazetted Nov. 9th, 1872.)

REGISTRARS.

SAMUEL LOUNT, of the Town of Barrie, Esquire, of and for the County of Simcoe, in the room and stead of George Lount, Esquire, resigned. (Gazetted November 23th, 1872.)

JAMES WALLACE ASKIN, of the Town of Sandwich, Esquire, of and for the County of Essex, in the room and stead of JOHN A. ASKIN, Esquire, resigned. (Gazetted 7th December, 1872.)

QUEEN'S COUNSEL.

DANIEL MOMICHAEL, of Toronto, Esquire. CHRISTOPHER SALMON PATTERSON, of Toronto. EDMUND BURKE WOOD, of Brantford.

JOHN T. ANDERSON, of Toronto.

THOMAS MOSS, of Toronto, (Gazetted December 13th, 1872.)

ROBERT STUART WOODS, of Chatham, Esquire. JAMES A. HENDERSON, of Kingston, D.C.L.

WILLIAM FREDERICK WALTER, of the City of Hamilton, Esquire, Barrister-at-Law, and HARRY EDMONDS FEATHERSTON CASTON, of the City of Toronto, Gentleman, Attorney-at-Law. (Gazetted Oct. 19th, 1872.)

ALLAN CASSELS, of the City of Toronto, and JAMES WILLIAM SHARPE, of the Village of Dresden, Esquires, Barristers-at-Laws and ERN EAST SEEBER, of the Village of Neustadt, Esquire. (Gazetted October 26th, 1872.)

HERBERT CHARLES GWYN, of the Town of Dundas, Gentleman, Attorney-at-Law. (Gazetted November 22nd, 1872.)

WILLIAM HORTON, of the City of London, Esquire, Barrister-at-Law, and JAMES GOWANS, of the Town of Sarnia, Gentleman, Attorney-at-Law. (Gazetted Nov, 9th, 1872.

DUNCAN MORRISON, of the Town of Owen Sound, Esquire, Barrister-at-Law. (Gazetted November 23rd, 1872.)

COLIN MCDOUGALL, of the Town of St. Thomas, Esquire, Barrister-at-Law. (Gazetted Nov. 20th, 1872) JOHN MATHESON, of the Town of Woodstock, Gentleman Attorney-at-Law and CLAUDIUS TIDEY, of the Village of Norwich, Gentleman. (Gazetted December 14th, 1872.

ISRAEL NEWNHAM WINSTANLEY, of the Village of Fergus, Esquire, Barrister-at-Law; WILLIAM F. ELLIS, of the Town of St. Thomas; THEOPHILUS HENRY ALEXIS BEGUE, of the Town of Dundas, and THOMAS WELLESLEY MCMURRAY, of the Village of Ancaster, Gentleman, Attornies-at-Law. (Gazetted Dec. 21st, 1872.)

ASSOCIATE CORONERS.

ARCHIBALD CONNELL SINCLAIR, of the Village of Port Elgin, Esquire, M.D., for the County of Bruce.

SAMUEL BRIDGLAND, of the Village of Bracebridge, Esquire, M.D., for the Counties of Simcoe and Victoria. (Gazetted Oct. 19th, 1872.)

WILLIAM REAR, of the Village of Oakwood, Esquire, M.D., for the County of Victoria. (Gazetted November 2nd, 1872.)

WILLIAM FREEMAN, of the Village of Georgetown, Esquire, M.D., for the County of Halton. (Gazetted Nov. 16th, 1872.)

J. A. MACDONELL, of the Village of Thunder Bay, Esquire, M.D., for the Provisional Judicial District of Algoma. (Gazetted Nov. 23rd, 1872.)

WILLIAM COBURN, of the Village of Oshawa, Esq., M. D. for the County of Ontario. CHRISTOPHER KNOWLSON, of the Village of Omemee, Esquire, for the County of Victoria. (Gazetted Dec. 14th, 1872.)

JAMES TAYLOR, of the Village of Para, Esquire, M. D., for the County of Bruce. (Gazetted Dec. 21st, 1872.) JOHN BARNHART, of the Town of Owen Sound, Esquire, M.D., in and for the County of Grey.

EDWARD OLIVER, of the Village of Mooretown, Esquire, M.D., in and for the County of Lambton. (Gazetted 7th December, 1872.)

Many of our readers will remember that Mr. Bernard, when engaged in the practice of his profession at Barrie, in partnership with the Hon. James Patton, Q. C., was one of those who contributed largely to the success of the early volumes of the Upper Canada Law Journal. We now congratulate him upon his promotion, so well bestowed upon one of his extensive legal attainment, and who holds an office of such great importance and responsibility.-Eds. L. J.

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.

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.

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. Vannorman, 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.

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.

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

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 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 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 certificatos 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.