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Fulsa Demonstratio, 220.
Voluntary conveyance, 163.
DIARY FOR JANUARY.
us from giving the days upon which the vari
ous proceedings in a suit may be taken. Per1. Tues... Circumcision. Taxes to be comp- from this day.
haps some enterprising student will compile 3. Satur, last day for Tp. Vill. and Town Clerk to make 6. SUS... Epiphany.
(returns to Cn. Clerk. and send us for publication a table containing 1. Mod... Co. Ct. and Surrog. Ct. Term ends. Mun. Elec. &.Tues... Elec. School Trustees. Heir and Dev. sitt. com. the necessary information as regards these as
9. Wed... A sizes County York. [ 12. Satar. County Ct.
and Surrogate Ct. Term ends. well as the other counties, as soon as the 13. SUX... 1st Sunday after Epiphany.
assize lis's are made known by the judges 14. Mou... Election of Police Trustees in Police Villages. 15. Tues... Treas. & Cham. of Mun. to make return to Board next term.
of Audit. School reports to be made, 19. Satur. Articles, &c., to be left with Sec. of Law Society. It will be noticed that more information is 3). SCN... 2nd Sunday after Epiphany. 21. Muu... Members of Municipal Councils (except Co's) given in the Almanac than formerly for the
and Trust. of Pulice Vil. to hold lst meeting. benefit of Chancery practitioners, and persons # Taes... Ileir and Devisee sitt. ends. Mems. Co. Council
Wed... Dec. of office by Sch. Tr. (to hold 1st meeting. interested in school matters. The remaining *5. Friday Conversion of St. Puul. 7. IS, . 3rd Sunday aft, Epiphany.
parts are much as usual. 2. Wed... Appeal from Chancery Cham. School Financial
Report to Board of Audit. í 1. Thur... Last day for Counties and Cities to make return to Provincia Secretary.
One of the inost important requirements in
the orderly government of a country is Suls ziher: in arrears are requested to make immediate upright and efficient judges-men who will payment of the sums due by them. sil payments for the cur administer the law without fear, favour or Yeni year made before the 1st March next will be received as
affection: with painstaking industry and the CORI Hymentà, and will secure the advantages of the lower
severity of logical analysis: having a thorough
grounding in the fundamental principles of
the common law and of equity jurispru-
Upper Canada Law Journal. knowledge of the legislative changes that are
being daily made both in the common and
statute law. To this must be added, what JANUARY, 1867.
are perhaps rarer qualities, an intuitive insight
into character and the workings of human SHEET ALMANAC FOR 1867.
nature, and a keen observance and appreciaOur Sheet Almanac for 1867 is sent with tion of the customs, wants and necessities of the present number. Recent legislation has the people with whom they are either medimade considerable change in it necessary, ately or immediately brought in contact. and some information which we were hither- This last requisite applies with peculiar to enabled to afford, we cannot now give. force to County judges in this country. Often For instance,-it will, it is apprehended, be obliged to decide upon the spur of the monecessary for the judges to make some new ment, with no assistance from books, or from rules as to the disposal of business in Easter the arguments of experienced counsel---with a and Michaelmas Terms, owing to the sittings mass of evidence, perhaps "pitchforked " now occupying three weeks instead two, as into court without order, rhyme or reason-in formerly; as this does not affect Easter Term, a crowded court room, with but comparatively the paper days and new trial days are left, as little time to devote to each case, it is little to that term, as before. The same cause to be wondered at, if judges sometimes give affects the sittings of the Court of Error and decisions which are not all that could be deAppeal, the result apparently being that there sired. The greater care should therefore be will only be two sittings of that court during exercised in the selection of men to fill these the present year.
offices,-men who are not only sound lawyers, The same act which makes these alterations
but also who can quickly and correctly discover also leaves it in the discretion of the Chief | the point at issue, analyse and apply the justices and judges of the superior courts to evidence, scrutinise motives, and attach to the fix the time for the holding of the three yearly evidence of each witness the credibility or assizes for the city of Toronto and the County importance which it deserves. of York, in the same manner as the outside The following remarks, taken from a leading circuits are arranged. This of course prevents | legal publication in England, with reference in
COUNTY JUDGES—Digest of English REPORTS.
the appointment and position of the county Brough is a Queen's counsel of high standing judges there, are so much to the purpose that at the equity bar, who, though not very conwe copy them:
versant with common law practice, (which, “There is no subject at present more deserving however, he will soon pick up,) takes with of the attention of the legislature and of the bar him to his new sphere of action in the Divithan the administration of law in the county sion Courts, a thorough knowledge of the courts. In the great majority of cases over which principles of equity jurisprudence, as distin. the jurisdiction of these courts extends, there is guished from those uncertain, crude notions no appeal from the decision of the judge who
of natural justice, which some few judges, we decides upon them in the first instance. It may
are afraid, practically put in its place, thereby be true that they are occasionally of trifling im.
doing much “substantial injustice” to all portance to the parties concerned. On the other hand, to the majority of the suitors, who are of parties, unsettling the ideas of the people, as
to what is or is not law, under a particular the poorer class, they are of great moment, and the decisions thus pronounced affect the existence
state of facts, and so causing unnecessary litiof homes and the future of many lives. But the gation, injuring trade, and bringing their courts administration of law has a wider bearing than into contempt. Mr. Kingsmill, the county that which concerns the interest of the litigants judge of the new county of Bruce, is also in any particular case. It is necessary for the well fitted, by his knowledge of the country promotion of good citizenship and loyalty to the people, their ways and customs, obtained by Crown and the institutions of the country that an extensive and varied practice in the counthe law of the land should be fairly administered
try, and by his good common sense and tact by every authorised tribunal. In many cases the
and general knowledge of law, for the post vagaries of our county court judges are not a
wbich has been assigned him. The judge of credit to the profession or the government. Some
the newly separated county of Peel is a genof these gentlemen carry out a law and practice
tleman of less experience than either of the of their own, decide upon principles of absolute
other two, but that will mend by time. It morality, and not in accordance with legal autho. rity, and hold courts which are only distinguish might be objected to him that it is unadvisable ed for loud talk between the litigants and the
on principle to select a person to occupy a judijudge, and other great irregularities. *
cial position in the place in which he has been Above ail, care should be taken that good men
living, and whilst there is some force in this, shonld be appointed to the important position of
we do not think it of much importance in this a county court judge."
particular case, and certainly if the feeling There is good and bad of every thing which is already entertained of Mr. Scott in in this world; and though we are not now the locality where he resides is any index of complaining of the appointments that have the future, there is every reason to think that been hitherto made in this country, or say that his career will be a useful one. persons appointed to offices of high public We wish these gentlemen
every success in trust for political reasons are unfitted, ipso | the laborious and responsible duties which facto, from occupying their positions with ad- they have undertaken to perform. vantage to the publie, we do say that poli. tical motives or party influences, or the desire to shelve a friend, or silence an opponent,
DIGEST OF ENGLISH REPORTS. should have nothing to do with the appoint- The value of the new series of Law and ment of the justiciary of the country.
Equity Reports to the profession in this counWhilst making the general remarks con- try is day by day better known and appretained in the last few sentences, we do not ciated. They must necessarily become the wish to be understood as referring to ap. | Reports, and cases will be cited from them in pointments of this kind that have lately preference to any other series, such as the been made. On the contrary, we have reason reports (excellent as they are) published in to believe that the appointments to the county the Solicitors' Journal and Weekly Reporter, judgeships of Huron, of Bruce, and of Peel, the Law Times, and the Jurist.
The price, have been made with a due regard for the however, is greater than that of those valuable interests of the public, irrespective of any of publications, and the combination of interestthe objectionable influences alluded to.
Mr. ing matter in the weeklies, for a compara.