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Trumper v Trumper, L R. 14 Eq. 295..
Trust & Loan Co. v Start, Ch. Cham.-The Referee. 212
Trustees of the Port Rowan High School v Corpora-
tion of Walsingham, C P H T. 1873 ......
Tully v Chamberlain, Prac. Ct.-Morrison, J..
Turner v McAuley, 6 Ir. C L R. 245, 1856...
Turner et al. v Wilson, C P E T..
Tweddle v Atkinson, 1 B & S 393..
Twedell, In re, L R. 14 Eq. 586.

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188

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United Merthyr Collieries Co., In re, L R. 15 Eq. 46 301

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Stephen's Trusts, Re, L R. 15 Eq. 110.

V.

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147

Wright Midland Ry., Weekly Notes, 1873, No. 8.. 210 Wright v Wilkin, 2 B & S. 251, 242

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812

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Williamson v GT R., 17 UCC P. 515..

Wilson v Gen. Mutual Ins. Co., 12 Cush. 365..

Wilson v Northampton & B JR Co., LR. 14 Eq. 477. 220
Winsor v. Berry (24 Eliz.), Dyer, 45 b. n............ 348
Winters' Case, Dyer, 308;.
.346, 348, 349
Wolferstan v The Bishop Lincoln, 2 Wills. 195...... 344
Wood v Finch, 2 F & F. 447
.184, 258
Woods v Devon, 13 Ill. 746..

Woodward v Cumming, C L. Ch.-Mr. Dalton..
Worth v Terrington, 13 M & W. 781, 795.......

DIARY-CONTENTS-EDITORIAL ITEMS.

DIARY FOR JANUARY.

1. Wed... Circumcision. Master and Registrar in Chancery and Clerks and Deputy Clerks

of Crown to make returns. Taxes computed from this date.

5. SUN... 2nd Sunday after Christmas.

6. Mon... Epip. Er. and Ap. sit. Co. Ct. T. begins. Heir and Div. sit. begins. Christmas Vac. in Chancery ends.

7. Tues... Last day for Tp., Vil. and Tn. Clks. to make Asst. returns to Co. Clerk.

8. Wed... Winter Assizes (York) beg. Meet. Ont. Leg. 9. Thurs.. Clks. Crown pay over fees to Prov. Tr. 10. Fri.... Last Day for Master and Reg. in Chancery and Clerks & Dep. Clk. C. to pay over fees. 11. Sat..... County Court Term ends. 12. SUN... 1st Sunday after Epiphany. 15. Wed... Treas. and Cham. of Muns. to make ret. to Board of Audit.

18. Sat.... Candidates for Attorney to leave Articles, &c., with Sec. of Law Society,

19. SUN.. 2nd Sunday after Epiphany. 20. Mun... Coun. (Ex. C. Coun.) & Trus. Pol. Vil. hold first Meeting.

21. Tues.. Heir and Divisee Sittings end. Primary Examination of Articled Clerks & Students.

26. SUN.. 3rd Sunday after Epiphany. 28. Tues.. First meeting of County Councils. 30. Thurs.. Last day for Non-Residents to make ret. of their lands to Clk of Mun. Candidates for call to pay fees and leave papers.

31. Fri.... Last day for Councils to make ret. to Gov.Gen. Co. and City Clks. to make yearly ret. to Prov. Sec. Exam. for call to Bar. Law School Lectures begin.

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A curious misprint occurs in the col1 umns of the Chicago Law Times set apart for advertisements of "New Law Books." There is advertised, a new Am

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1

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2 erican edition of the "Law of Vendors

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3 and Purchasers" by E. B. Snyder (Lord

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Contempt of Court..

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Resume of Proceedings of Benchers last Term... 10

Law Scholarships...

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St. Leonards.) Evidently the Dutch Snyder is a more familiar name in that region than the English Sugden.

Corporal punishment is a most desirable penalty in a certain class of cases. A return to an address, recently published, but giving stale information, would show that the cat-o'-nine-tails has been used frequently, though we apprehend not at all too often, in this Province, but does not seem to meet with favor in the Provinces east of us. Probably cases of personal assault on women are not so common there.

Judge Ladd of the Supreme Court of New Hampshire has resigned, because the salary attached to the office is inadequate for his support. Judge Barnard, the

EDITORIAL ITEMS.

celebrated granter of injunctions, in the name of the people of the State of New York, "by the grace of God free and independent," having been disrobed and disbarred, has gone into the tobacco business, where he can more safely indulge his propensity of rendering a quid pro quo.

The Court of Appeal has given judgment in the Goodhue Will Case in favor of Mr. Becher's appeal from the order of the Court of Chancery. Our readers will remember that on 16th January, 1872, the judges were divided in opinion, (see 8 C. L. J. N. S. 38), and the case was consequently re-argued. The decision just given did not turn upon the power of the Legislature to pass the Act, but upon its construction. It is rumoured that an explanatory or amending act may be applied for this session by the petitioners for the former Act. But public opinion is strongly opposed to such objectionable legislation as this, and we have no fear that any such attempt will prove successful. The Premier at least is not likely to give it countenance, holding views opposed to the propriety of Legislative ininterference in this case.

In the Supreme Court of Pennsylvania Mr. Justice Agnew lately delivered the opinion of the Court upon a review of the

old English statutes relating to costs which appear to be in force in that State to the effect that a judgment for the defendant upon an issue of nul tiel record, entitles the successful party to his costs. Steele v. Linebergers: Pittsburgh Legal Journal, Dec. At the close of his judgment he makes the following observations, which lose none of their point when read as if levelled at the state of practice in Ontario on the vital subject of costs:

"From the examination I have been under the necessity of giving to this case I have been led to the conclusion that an act of assembly to consolidate and simplify the whole law upon

the subject of costs in different actions and legal proceedings is much needed, and if some gentleman of the bar, of sufficient practical experience, would prepare such an act for consideration and adoption by the Legislature, it would confer a great service on the profession, the courts and the public."

The Solicitor-General of England, Sir George Jessel, made the following remarks upon the question of law reform, in addressing his constituents at Dover :

To shew them that he really was in favor of law reform, he would tell them that he believed that the only law reform that could be effectual was the simplification of the usages not suited to the present age, As regarded the form of procedure, let them be able to transfer land cheaply and economically, which would be done by a proper Land Transfer Bill. The law of mortgage should be simplified; the law as to succession of land should be exactly the same as the succession of personal property. He would blot out the laws which prevented a woman after marriage enjoying the benefit of her landed property just as before, unless she chose to settle it on her husband or any one else. He would also alter the law of limitations."

We copy from the English Law Journal, which seems to regard Sir George Jessel as a true law reformer, in opposition to others whom it calls law revolutionists.

The complications of modern society are now occasioning no small trouble in

legal circles, in view of the possible and

actual status of the softer sex. Take the case of a woman fully divorced. What

is her proper "( addition in law? Is it "spinster"? Take the still more puzzling case of a woman not fully divorced, who

has only a decree nisi for the dissolution of her marriage. How is she to be styled?

In the Nisi Prius case of Fletcher v. Krell, the point was raised as to the effect of the word "spinster," if used as descriptive of a woman in a contract. The defendant maintained that it was in effect a warranty of her condition, and that consequently the plaintiff, who had entered his employ

EDITORIAL ITEMS-QUEEN'S COUNSEL-CHANCERY APPOINTMENTS.

ment as governess under the title of "spinster," when in fact she was a woman divorced from her husband, had commited a breach of warranty, and was not entitled to recover for her services.

So in Munt v. Glynes, 20 W. R. 823, the Master of the Rolls refers to the anomalous position in which a lady is placed by a decree for judicial separation: "She is at once divorced and not divorced; no longer a wife, and yet not an unmarried woman." The Solicitor's Journal dives into the old cases on the subject, and inclines to the conclusion "that a divorcee (this is nearly as bold a coinage as the famous Belleville term, "seductee") might be properly styled 'single woman,' which in strict technicality is applicable to an unmarried woman who is not a virgin." Among other notable things is pointed out that a woman's degree would not be sufficiently stated by styling her "wife of A. B.," unless her husband's mystery or estate were alleged (Re Gardner, 1 C. B. N. S. 215), but that the curious description, "spinster, otherwise wife of A. B." has been held sufficient: P. C. 19; Dyer, 88, a.

Anon. 3 N.

On the 13th of December last, His Excellency the Governor-General was pleased to appoint the following Barristersat-Law to be Her Majesty's Counsel learned in the law, in and for the Province of Ontario, viz: Daniel McMichael, D. C. L., of Toronto; Christopher Salmon Patterson, of Toronto; Edmund Burke Wood, of Brantford; and John T. Anderson and Thomas Moss, of Toronto. All these gentlemen had already received patents from the Lieutenant-Governor of Ontario.

On the 18th December the following gentlemen received a like distinction at the hands of the Governor-General:

Robert Stuart Woods, of Chatham; James A. Henderson, of Kingston; D'Arcy

Boulton, of Toronto; Alexander Leith, of Toronto; Thomas Robertson, of Dundas; The Honorable John O'Connor, of Windsor; Hector Cameron, of Toronto; James Beaty, Junior, of Toronto; George A. Drew, of Elora; James Maclennan, of Toronto; David Tisdale, of Simcoe; Dalton McCarthy, of Barrie, and Hewitt Bernard, of Ottawa, Deputy of the Minister of Justice.

On the 26th December His Excellency appointed the following Barristers of Nova Scotia as Queen's Counsel for that Province, viz:

Alexander James, and James Thomson, of Halifax; The Honorable Henry Williams Smith, Attorney-General of Nova Scotia, of Liverpool; William Almon Johnstone, of Halifax; Hugh McDonald, of Antigonish; Joseph Norman Ritchie, of Halifax; Nathaniel Whitworth White, of Shelburne; Newton Le G. McKay, of Sidney, Cape Breton; the Honorable William Miller, of Halifax: and Alfred William Savary, of Digby.

CHANCERY APPOINTMENTS. THE loss of a valuable public servant is always a matter of regret. We felt this when Mr. Mowat left the Bench, though in that case the feeling was not unmixed with regret at the manner in which that retirement took place. We cannot, however, lose sight of the fact, that in Mr. Mowat the country has lost the services of a most able and learned Equity Judge, whose judgments have always been received with confidence by the Bar, and who devoted himself with untiring and patient industry to the very arduous duties of his high position.

Swiftly following on this resignation we have to notice that of Mr. J. A. Boyd, the Master in Ordinary of the Court of Chancery. During the comparatively short time that he held that office he exhibited in a marked manner the best qualities of

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