T!^ iH" IMAGE EVALUATION TEST TARGET (MT-3) ® 1.0 f^ H^ I.I uiu - la^ IIS l^ 1^ lllllio 1.8 111.25 1.4 1.6 =£= : < 6" ► € V] <^ /a VI ^;. '/ Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 ;716) 872-4503 i^ C/j ^) CIHM/ICMH Microfiche Series. o o CIHM/ICMH Collection de microfiches. ) Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductions historiques Technical and Bibliographic Notes/Notes techniques et bibliographiques The Institute has attempted to obtain the best original copy available for filming. Features of this copy which may be bibliographicaliy unique, which may alter any of the images in the reproduction, or which may significantly change the usual method of filming, are checked below. L'Institut a microfilm^ le meilleur exemplaire qu'il lui a 6t6 possible de se procurer. Les details de cet exemplaire qui sont peut-dtre uniques du point de vue bibliographique, qui peuvent modifier une image reproduite, ou qui peuvent exiger une modification dans la mdthode normale de filmage sont indiqu6s ci-dessous. D Coloured covers/ Couverture de couleur I I Covers damaged/ Couverture endommagde □ Covers restored and/or laminated/ Couverture restaurde et/ou pelliculde □ Cover title missing/ Le titre de couverture manque I I Coloured maps/ n n n Cartes giogrephiques en couleur Coloured irk (i.e. other than blue or blac^" ' Encre de couleur (i.e. autre que bleue ou noir'9> Coloured plates and/or illustrations/ Planches et/ou illustrations en couleur Sound with other material/ Relid avec d'autres documents Tight binding may cause shadows or distortion along interior margin/ La reliure serr6e peut causer de I'ombre ou de la distortion le long de la marge intdrieure Blank leaves added during restoration may appear within the text. Whenever possible, these have been omitted from filming/ II se peut que certaines pages blanches ajout6es lors d'une restauration apparaissent dans le texte, mais, lorsque cela 6tait possible, ces pages n'ont pas 6xi film6es. Additional comments:/ Commentaires suppldmentaires: D D D D D D D n Coloured pages/ Pages de couleur Pages damaged/ Pages endommagdes Pages restored and/or laminated/ Pages restaurdes et/ou pellicul6es Pages discoloured, stained or foxed/ Pages d6color6es, tachet^es ou piqu6es Pages detached/ ^ Pages ddtachdes Showthrough/ Transparence Quality of print varies/ Quality in^gale de I'impression Includes supplementary material/ Comprend du materiel supplimentaire Only edition available/ Seule Edition disponible Pages wholly or partially obscured by errata slips, tissues, etc., have been ref limed to ensure the best possible image/ Les pages totaiement ou partiellement obscurcies par un feuillet d'errata. une pelure, etc., ont 6t6 film^es A nouveau de fa^on d obtenir la meilleure image possible. This item is filmed at the reduction ratio checked below/ Ce document est iWmi au taux de reduction indiqu6 ci-dessous. lOX 14X 18X 22X 26X XX y 12X 16X 20X 24X 28X 32X The copy filmed here has been reproduced thanks to the generosity of: MacOdrum Library Carleton University L'exemplaire fiJmi fut reproduit grdce d la g6n6rosit6 de: IVIacOdrum Library Carleton University The images appearing here are the best quality possible considering the condition and legibility of the original copy and in keeping with the filming contract specifications. Les images suivantes ont 6t6 reproduites avec le plus grand soin, compte tenu de la condition et de la nettetd de l'exemplaire filmi, et en conformity avec les conditions du contrat de filmage. Original copies in printed paper covers ^re filmed beginning with the front cover and ending on the last page with a printed or illustrated impres- sion, or the back cover when appropriate. All other original copies are filmed beginning on the first page with a printed or illustrated impres- sion, and ending on the last page with a printed or illustrated impression. Les exemplaires originaux dont la couverture en papier est imprimde sont filmds en commen^ant par le premier plat et en terminant soit par la dernidre page qui comporte une empreinte d'impression ou d'illustration, soit par le second plat, selon le cas. Tous les autres exemplaires originaux sont filmds en commengant par la premidre page qui comporte une empreinte d'impression ou d'illustration et en terminant par la dernidre page qui comporte une telle empreinte. The last recorded frame on each microfiche shall contain the symbol ^^- (meaning "CON- TINUED"), or the symbol V (meaning "END"), whichever applies. Un des symboles suivants apparaitra sur la dernidre image de cheque microfiche, selon le cas: le symbole ^»> signifie "A SUIVRE", le symbole V signifie "FIN". Maps, plates, charts, etc., may be filmed at different reduction ratios. Those too large to be entirely included in one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, as many frames as required. The following diagrams illustrate the method: Les cartes, planches, tableaux, etc., peuvent §tre filmds d des taux de reduction diff6rents. Lorsque le document est trop grand pour dtre reproduit en un seul clichd, il est filmd d partir de Tangle supdrieur gauche, de gauche d droite, et de haut en bas, en prenant le nombre d'images ndcessaire. Les diagrammes suivants illustrent la mdthode. 1 2 3 1 2 3 4 5 6 .^ :i: nX ( .awnm w nwr.n tnt?*"»r wnwiBfJ T f w nwn i ^ - ' I -MR'' :«ii1^r! 'lectures ON THE JUDICATURE ACT, DBLrVERED BY D. B. READ, ESQ., Q.C., TO THE LAW STUDENTS, IN THE WEEK BEFORE THE i'. I{ H A T A . >r -frld murf,' ;,. r.'u,.:- in L,.otinv I.. ,vu.I "/,■/.. jn,H'h, Vo. tUo:]!l. OrdorVUr. Rnl. !.;---Fo, Mf .,..ti..,. a.lMi.t.-l. *''' '"•■'>■ I"'"'' ' "« '■" '"•sc <.(• no an|M-;,r;n,n,- ,,.,-.. I " (f *■ -'/'//'"'/. pl.-iintiH- nv,y |.n.mMl :.s i„ ,.,,s.. ..f no apiMvu-anc..." .g.' :57. Onlo,. Vrr- For "Timo for .s.rvicv out of Ontario." " Ifulf !T. Tim." for -lofcndinu' ,„, service out of Outari.,.'" P' 40. line s_F..r '• Onler VIT. triais of," read ^M),.,ler treats of" /'■ , ^ c«L \ 'J LECTURES ON THE JUDICATURE ACT, DELIVERED BY D. B. READ, ESQ., Q.C., TO THE LAW STUDENTS, IN THE WEEK BEFORE THE LONG VACATION, A.D. 188L kV TORONTO : KOWSELL & HUTCHISON. 1881. aOWhiELL AM) HI;T( HIbON. I'lU.N IKI.S, TORuNTO. WWM'-K.'S §lisi?'il INTRODUCTION. T»» TICK Sti'Dknts : Since the delivery of those lectures I have been requested by both students and ])arristtn-s to })erinit them to be publislied. I yielded to tlie request in the liope that they may be of some sliglit service in unravelling; the entanL;le- inents of the Act. They were intended but as a glossary. Tlie students will no doubt go to the aide wi-iters on the Act for the conq^lete information which it is not within the conqmss of lectures to atibrd. The lectures were not written when eal is a part of the Supreme Court, it is no part of the High Court of Justice : it will also be seen that the several Divisional Courts referred to are part and parcel of the High C^oui't of Justice, but not of the Court of Appeals, the}^ ai-e in fact " ir'id jn/acta iv u.no," three Divisions of one High Court of Justice. It is important to bear these distinctions in mind, as the whole basis of the Pfjf^S^M^ 6 Act is to Imvc all cases, ^vlu•tll(■I• of Inw or t'((nity, origin.'illy (lisposod of ill oiic Court— till' llij^'li Coiiit of Justice — it matters not iii wluit Division of that ( 'oui't a ease uiav i)C entered, it is still iu the IIiL,'li Court. A case founded on e(|uit!»lili' |iriii('ii>les may he entered in the <»Jueen's liench orCouuiion IMeas Division, just as well us in the Chanct.'i'v Division; sou case foundi;d on ( 'oinmon Law principles, may he entered in tlu' "( "huncery t)i\islon,' or in either one of tilt' otluM' Divisions as the plaintitf's solicitor may clioose. A j>luintiff may commence' proceedings in the Queen's Bench Division, and find himself sunimuril}', hy Judge's order, landed iu tlu; ( 'omnion Plea-^ Division or the Chancery J)ivision, and so ''ice rers(i, he may connnenee in the Chancery l)ivision, and suhsequently, hy oi'der of a Judge, find himself in the Quet.'n's J>encli or Common Pleas Division. This is all consistent with the spirit of tht^ Act, which is to have justice administered hy the iJigli Court of .lustice, it mattei's not hy what Division of that Court, or whetlier the initiative he taken in one Division, pursucid in another Division, and the "H'liul np of the case in a thii-ressly provides, "that save as in the Act, is otherwise expressly provided, all the Judges therein hefore mentioned, and their successors shall have in all respects equal power, authority, and jurisdiction. The Chief Justices of the several Divisions of the High Court are to hear the same respective titles tliat they Ijore hefore the Act came into force. It is true, the Act declares that the Chief Justice of the Queen's Bench, shall he the Presi- dent of the Queen's Bench Division ; the Chancellor shall be the President of the Chancery Division, and the Chief Justice of the Common Pleas, shall be the President of the Conmion Pleas Division. By this, I would not have the students understand that the Act intender ill eitlier lieitor lu.'iy gs ill tile iiuirily, l.y siou or the tiinieiice in older of a Coniiiion le .s])irit of r the lJii;']l m of tliat .' Division, f tlie case lose Divi- houiid to roceedinirs L)i\isioiis. des, " tliat ed, all the ssors .si 1 all risdiction. [igli Court ore before ;larcs that the Presi- ellor shall the Chief eiit of the < have the ake away lat it was inteiidt'd to convert a Chief Justice into a President. All that could liavf been intt-iided was to make assurance d'tubly snre. and to sju'citically enact that the head of a Division of tin- \\'vA\ Court should lie the ijresidinc- Jnd<^e of tile Division, while maintaining his title of Chief Jus- tice as he had been accustomed, f expresH this to you as my own \ iew of the Act, at the same time calling vour attention to an incongruity it is ditHcult to understand. The writs of summons, as you will see by ieferriiii-- to Appendix A, No. 1 of the Act, are ap[)arently to be tested in the name of President. The words at the end of the form are, " AVitiies,-, the Honourable " President," &c. Section •") of the Act prescribes the oath io be uilven ))y the Judges, and says: " The oath is to be a)n > 8 play — tlu! signification may Ite tho same, hut the nani(3 " I*uisn(! Ju(lg»;" has received its (|uietus just as much as tlie naiiie " John Doe" or " Richard Roe," of sacred nuMiiory, did years ago. I cannot too strongly impress upon the students tlie fact of the several Divisions of the High Court making hut one Couit, as also the distinctive character of tlie Court of Appeal as in treating of the officers of the ( \)urt to which I shall presently conu;, as well on account of the jurisdiction to which 1 have referred, it tends to simplify the scheme of the Act. Tlie ('ourt of Appeal, as I have said, is a part of the Supreme^ Court, but not of the High (Jourt — it remains as at present existing " the Court of Apj)eal of Ontario." The Justices of the High Court are to he ccojjiclo Judges of the Court of Appeal, with the same; duties and powers as hy th(! (.'ourt of Ap))eal Act, Revised Statutes of On- tario, ca]). lis, sec. 10, is ])rovid<'(l with ivspect to the Judges of the (.'ourt of (Queen's Jjench, Chancery, and Common Tleas. The Judges of any of tlu; Courts consoli- dated into the Supreme Court, are to he lial)l(! to any (hity, and shall have all the authority and powe'r which the Judges of the Courts consolily to tlircc, officei-s, viz. : but the name st us much as acivA momuiy, studeiits tlio Court makiiiir iracter of tlie i of tlie Court u'couiit of the lis to simplify I'al, as I have t of the Higli 'Ui(! Court of officio Judges !S aufl powers atutcs of On- esjieet to tlie haiicery, and 'ourts consoli- 5 to any duty, 'y which the not incident rred by (in if t so consoli- 'ouit who, at iched to the ■omain so at- of th(\ fJeu- )f the Jud^vs •rticial names I's of ofhcers. 1' attached to not to ap})ly I . Muster iji ( )idiiiaiy. 1'. Local Masters. .M. Taxing Ofhcers. 'riiesc three last name, and in regard to the jvefci-ee in Chtinci'iv iiy .")(jO of the Hrdcis of the ('oiirt of ( 'hancery. Any official Refei-ee may, at the recpiesf of tlie Master in ( 'hambers, sit for the Master in Chambers. .As b\- tJie .\ct, tile Master in ( 'hancery, the < 'leik of the ( 'rowii and Pleas, the liefi-ree in ( 'hambers, the Accountant, the Inspector of laities, the KefVr. e of T'tles, and the Local Ma.sters of the C(»ui-t e directed to Ije tried \)y such Otlicial Ret'erecs, they are liable to he called upon to sit for tlie ^Faster in Chamht.'rs. It is I'uuKMired that the Government intend to appoint the gentleman who lias hecn Referee in ('haml)ors of the Court of Chancei-y hefore the passing of the Judicature Act, Clerk of the (Vown and Pleas, making it a part of his duty, on request of the Master in Chaml>ers, to sit with or for such Master. It will be a relief to the Students to know that two of the officers of the "High Court," 'm addition to their other duties, are to ]»e Judgment Clerks of the " High Court," for the pur[)oso of settling the forms and terms of such S})ecial judgments as may lie referred to them for that purpose l>y any J)ivisional C^ourt, or a Judge of any Di\ ision, or l)y the Master in Chandjcrs. When it is considered thai: the Hiu'h Court entertains suits betw<'en almost any numbei* of plain- tifi's and any mimber of defendants, that they in the same suit adjudge matters not only between plaintiff and defend- ant, hut IjetAveen defendant who in his turn becomes quasi plaintiff against third persons made def(;ndant8, and all kinds of claims and counter clainis, law and equity in the same action, it would seem necessary tliat there should be otiicers to settle the forms and terms of iudu'ments, or otherwise inextricable confusion miuht ensue. Under the Act the Deputy Clerk of the Crown and the Dei)uty Registrar may or may not be the same jx-rson. When they are }iot the same person the Deputy Clerk of the Crown in actions in the Queen's Bench and Comnum Pleas Divisions are to have the powers of the Deputy Registrar ()iot Local Master) and the Deputy Registrai' in actions in the Chan- cery Division is to have the powers and duties of the Deputy Cleik of the Ch-own, in addition to the duties and powers of Registrar. When the office of "Deputy Clerk of the Crown" and " Deputy Registrar" are anlted intlte same person he shall be styled the " Local Registrar of the High Court," and every reference \n the orders to the said two officers, or either of them, when so united, shall be held to ■m: .-.■mism^ms^m 11 bo tried by such (1 upon to sit for iti'iicl to rt2^P<'i'it niambers of the the Judicature illy- it a i^art of ibers, to sit witli :novv that two of on to tlieir otlier High Court," for s of such S})ecial tliat purpose by \ ision, or by tlie 'A thao the Hio-h luiidjer of plain- Jie}' in the same iititi' and defend- ri becomes quasi :ndants, and all and equity in bat there should )f judgments, or ensue. Under and tile Deputy on. When they of the Crown in Pleas Divisions strar {not Local lis in the Chan- l duties of the 3 the duties and Deputy Clerk of ited in the same ;rar of the Hio-h to the said two shall be held to ap})ly to the "Local Registrar." When action is coni- nifiu'cd in the otHce of the Deputy Registrar or Deputy Clerk of the Crown, all orders that recpiin- to be entered (except orders madt' by th(.' County Court Judge or the Local Mastei- of the County, undei' the autliority anil jurisdiction vested in them by the Rules of the Act) shall be ei\tereil at Toronto, and when necessary uflice Copies so entered shall be transmitted or ilelivereil to tin.' Deputy Clerk of tlie Crown, Deputy Registrar, or Local Registrar to be tiled with the pi'oceeiljugs in tlu' action. Jjy the Stii rule of Order 4!i, there lias been an attempt made to decentralize business of the Courts, so that busi- ness which used to be done in Toronti), mav be done in the cities outside of Toronto and rural counties. The attempt, however, is more in the conceittion than in the perfoi'mance. Under tlie Rule (eight) n'fi.'rreil to, the County Court Judge of the County in which an action is brought from and after 1st January, LS.S2, shall have all the powci's or authority of " Master in Chambers," exce})t that the auth(.)iity of the Coiintv Court Judee shall not extend to [jraiitiiuj learc for serclcc out o/' Ontdrio, (tt' writ of summons, or notice of writ of summons. In counties where there' is a Local Master, such Local Mastc-r is given the powei's of Master in Chambeis in ivgard to causes and acti(jns Itrought in his (J(.)Uiity in the Chanceiy J)ivisi(jn. and in sncli counties the ( Vjunt\' ( 'ouit .ludsj'e shall have and exercise the said jiirisdicti<»n. [)ower. and authority (ml// in regard to causes and actions in the count}' in the (^)ueeirs Rencli and Common Pleas Di\isions. J>v Rule N, ia^ the ](0\ver and authority of County Court Judge uiuler Rule 8, is not to ap[)ly to an action in which the wiit is issued in the < 'ounty of York, oi' to any action where the solicitors of all i)artie> do not reside, or have not otlir vs in the countv' town of tlh' county in which the action is brijught, or wdiej'oin any j>art}' who has no solicitor, (Joes not reside or has not a iilace of business in the countv oi' union of counties; but the County Couil Judge may make Ex l)((i'tc orders tlujugh the solicitors of all partii.-s do iKjt 12 reside in tlic county town of the county where the action is V»roui;]it. When it is considered how many actions will be brou^-ht in which necessarily the different jiarties defendant will reside in different counties ; when it is con- sidered that in ef[uity cases the parties defendant are in very many cases in different counties ; when it is considered that tlie wliole sco]K3 of the Act, is to determine all ques- tions arising out of the same subject matter, whether between the plaintiff and defendant, or between the plain- tiff and defendant and third parties liable over to the (hifcndant, when it is considered that the Act admits ot addition, subtraction, and division of defendants, as well as of plaintiffs, it is to l)e ap})rchended that there is more of decentralization in form than in reality in the Act. As 1 have referred to Rule made by consent ; (4) That the appeal is to be by motion or notice served within four days after decision, and thi motion to be made within eight days after decision ; (5 That the ai)peal is to be no stay of proceedings unles.> otlierwise ordered by a Judge of the High Court, or Judge or officer whose decision is com]>lained of The 70th clause of the Statute, is an important one more perhaps in the estima.tion of County Court Judges than others, as by that clause the Judges of the Count} Courts are declared to be Judges of the High Court for the purposes of their jurisdiction in actions in the Higl Court, and in the exercise of such jurisdiction may bi styled " Local Judges of the High Court," and in action> 1] t] A C i] a a V n ti t] o V C i] c c h V J tl if s' C t i I o a I s n I t I 13 where the action many actions will s to be by motion decision, and thi ifter decision ; (.V proceedings unless :h Court, or Judgr m important one nty Court Judges ^es of the Count} lie Higli Court for bions in the Higl risdiction may Ix :," and in action^ in the High Court, have all the [)owers and authority that the Judge of the County Court had at the ])assing of the Act in actions in the Queen's Bench and Conmion Pleas^ County Courts and Division Courts as to matters in their jurisdiction, are placed on the same footing as to ])roceed- ings, relief, redness, remedy, and combination of remedies as the High Court of Justice. Counter claims in County and Division Courts beyond the competence of such ( *ourt.s will not aftect the jurisdiction to dispose of the whole matter in controversy, but no relief exceeding that which the Court has the jui'isdiction to administer, shall be given tlie defendant on such counter claim; and the High (^'ourt or any Judge thereof niay, on application, order that the whole pr(jceeding be removed from the County or Division Court to the High ( Jourt. The Act provides that there is to be a " Local Master" in every County or union of Counties other than the County of York. The Local Master is to reside in the County in which he is appointed. In the event of there being no Local Master at tlie commencement of the Act, or where a vacancy occurs in the office of Local Master, the Judge of the County Court is to be the Local Master. If there is a Senior and Junior Judge, the Senior Judge is to be the Local Master. If the County Court Judije should be the Local Master, then the County Court Clerk will lie the Deputy Registrar. As vacancies occur the office of Deputy Clerk of the Crown and Deputy Registrar {not Local Master) are to be consolidated. As I before remarked, the Master in Chancery, the Clerk of the Crown and Pleas, the Referee in Chambers, the Accountant, and the Inspector of Titles, the Referee of Titles, the Local Master of the Court of Chancery shall be Referees [opicia' referees) for the trial of such (piestions as shall be directed to be fried by such Referee. The above named officers, as well as any other officers of the Courts of Law or Equity, shall respectively have (under the names they have heretofore had or any name which under the Act may be given to them) the same judicial or other mt m i n anwmm m 1HR'% 14 powers in respect of business in eacli and every of the Divisions of tlio High Court, as tliey now liave in respect ofthe business of the Court to whicli they are attached, then- orders or decisions to be subject to appeal as liereto- fore. Tliere shall be an official " Guardian ad litem" of Infants. The official Guar.lian besides acting as "(iuardian ad Uten,:' is to peifonn such other duties as the Di^'isiona] Court or Judge may decide. If new official " Guardian ad litem" appointed, lie " ipso favfo" becomes " Guar.lian ad Idem" w all infants in the place and stead of his pre- decessor, with the same duties and powers. The chann-e of officers is more in name than in reality. The additioii of "The Master in Chand.ers" is the only important chang<.. The Student acquainted with the practice in E(|uity may go on in the even tenor of his way: he will not fin.l the changes so great as the appearances might in.licate. I have no doubt whatever that when the machinery un.ler the new system gets in working order the fancied diffieultios will rapidly disappear. In my next lecture I ]iropose to take up the subject of "Jurisdiction. SSittinos an.l distri- bution of business," "Appeals," and that pait of the Act under the head of 'Rules of law." The last named subject as well as a good deal ab-cady commented upon may be more proper for the Barrister than the Student ; but as I suppose some of those present will ,^oon be numbered with the Junior Bar, I have thought ih right, as far as my lin.ited time will allow, to go over the whole Act; not as a book writer but m such manner as to open the door for further enquiry : in the hop,, that I may so pave the way as to enable you the more easily to comprehend the diti'erent provisions of the Act. P' tl n< (^ VI C o1 11 c b. al i( tc 11 P' t( P' ai" ci es e: 9 ai n 15 md every of tlit V have in respect liey are attached. ipp(3al as liereto- iau ad litem" of ng as "Guardian as the Divisional ^cial " Guardian )mes " Guar(]ian stead of liis pre- rs. The change '. The addition iportant change, i in E(|uity niay tvill not find tlie indicate. I have inery under tlie icied difficulties re I ]))-o|)ose to :ings and distri- rdii of the Act t named subject m may be more )ut as I suppose :)ered witli tlie • as my limited ; not as a liook loor for further the way as to 1 the different LECTURE II. JURISDICTION. Tiic \ot provides that all the jurisdiction and powers possessed by the Court of Glianeevy. tlic Queen's Bench, the Common Pleas, and Court of Assize, Oyer and Termi- ner and (Jaoi Delivery at tlie eonmiencement of the Act (whether create*! bv commission oi' otiierwise'' should be vested in the High Court of Justice, aud thiit the High Court sliould be deemed to b<' and should Ite a continuation of tlie said Courts respect ely, undei- tlie name of the High Court of Justice: also the jurisdiction which at the commeucement of the Act was vested in or capable of being exercised by any of the Judges of said Courts : also all the ministerial powers, duties, and authorities incident to any and every part of the jurisdiction. So far as relates to the Criminal Court of " Oyer and T.-ruiiner and Goal Delivery" this legislation makes this Criminal Court a part of the High Court of Justice, or rather affects to give to the High Court of Justice all the jurisdiction and power possessewn or place in tl.Qr fee. or a like demand of a general or public nature ges shall fix. Tli affecting future rights. le to carry out tli .5. No appeal lies where on a motion to set aside or dis- ate this matter I'charge a rule, order, or decision of a Judge, the order of he Act. \ou Avithe Divisional Court docs not substantially vary the rule, ibution of busiiK^order, or decision moved ao^ainst. li Court, as also tl (], ^ave in cases (T have mentioned as not Vicing subject or matter at aii^o appeal) every rule, (^rdei-, oi- decision made by a Judge ^e provisions of tl of the High Court in Chambers, except orders made in the lie Judges, I shou exercise of such discretion as by law belonged to him, may )yed the shiftii.ije set aside or discharged u])on notice by anv Divisional r,which some thill Court. And no appeal shall lie to the Court of Appeal from any such rule, order, or decision, unless b}^ special leave of the Judge, ])y whom the same was made, or of the Divisional Court, or of the Court of Appeal. 7. Save as aforesaid any rule, order, or decision of a i costs only, whi( Judge in Court may be appealed against to the Court of Court, are not sii Appeal. 8. No appeal to the Court of Appeal allowed, unless ourt from an inti notice thereof is given in writing to the opposite party, lie Act there wou and to the Clerk of the Crinvii and Pleas, or Registrar of ,BTi!ii6!:!:wim!S IL b( 20 the propiT Court witliiti uiic nioiitli uftur the jud^mioiii coiiipliiincd of, or such furthci- tiiiir as tlie Court appealer from, or a •Iii<|;;'o thtsroof may allow proper seciu'ity for tli. fippcal to In; given within thn-o moiitiis after judgment, u sueli fintlirr time as th(! Court or Judge may allow. i). Single Judges of Court of Ap[)eal may deci 2. Tn causes and matters which at the time of tin , th Pi w] H passing of the Act are within the jurisdiction of the Court of law, the luode of trial shall he the same as now providei by law for like cases in the Courts of Queen's Bench aiii Common Pleas. 3. In causes and matters over which the Court ( Chancery has at the time of th.e passing of the Ac . eajcZitsi re jurisdiction, the mode of trial shall be aecordin. to the present practice of the Court of Chancery. ,. 4. Subject to rules of court and to such right as ma ,i exist, to liave particular cases submitted to the verdict ( a jury, any ([uestion arising in any cause or matter, (otln tlian criminal proceedings l>y the crown) before the Higi Court of Justice OR before the Court of Appeal, may I .r referred by the Court or any Divisional Court or Judi: ari jet ori Pll Ba«»)TCSSD tor the judgiiu'ii he Court appeals )er security for tli. after judgment, v may allow. 1 may decide * al '2\ beftifi' "wlioiii viicli cause may Im* piiitlinu' f;,t iiKjuirw and repiM't \n a .liid-T of ( 'Diiiit}' ( 'durt nv ( Hlicial llrtri'i'. T). The lli;^di ('mirt uraiiy l>i\i^iMiial rMtiit \' an assessor, spefjally (lualiticd and //•// and Iirai- siicli ciiisc m- niiittcr .erpemliiKr in tliu'^^"*"-^ *"' l''^'"^''^">' ^^'i*^' ^^"' nssistanc- cf such a-M^^sor, 0. In any caus.' or matter lu'foiv tlie II i^li ( 'oiirt wlicn f,.. T^.NrJoJ^^c '^^^ partii's atv undiT no disaliilitv the Iliuli ( 'oiiit or Jud^c i\\ (J L'lvisions u , /• • 1 ' "^ ... ;», P ,.«,.;i ..,. tnercoT may Avitliout consent of parties in anv cause or ji in Vjouncii, or ; ■ , , ' e Court deems j.^''^"^^^^''' >'*''P"''"^o' 'i"}' i'r.)longe(l examination of ts he Supreme Cour^'^ ("■iviints or any KC/cuftjIc or local investigation, o!-der any rvv,,..^ «a w.„,. 1 l^estion or issue of facl oi' an\ onesfioii of aeeount aiisin*; ^v^um V tin may '" • i . , ,. , ., in the (!ause or mattei- to he tried, eitlier hefuiv County (Iges 01 the Coui' _ , . ,. , „ Court Judge, or Cfhcial llefcj-ee or Si)ecial Hefen^' : in otln'i" (!ase> the consent of the partitas must he ohtained. 7. in nil cases of trial hefol-i^ liefeives, tlie IJetel-ees to be deemed ((fHcers of tilt,' Court and to have such an hority as jierserihed hy llules of ( '(nirt, or Court ir .lud/p , . ,.,, , ^ ordci'ing tlio PudVrencc, and tlie repoit of Ih-feiee fo ])c ty IS entitled t^ . ,' , ,. ,. . , . . .r. ,-, equivaJent to the verdict oi a lurv 'unless i-eiiort- set asi(h' ing IS true it tiu, , ., .' . . i by tlic ( 'ourt.; ng i of law to entitl ., „^.,, ^ . ,, n. W itli respect to all such ])rocee(lings helore the ,1 .. -,^1 Refere(\s and their rei:»orts. tile (ourt or Jud'-'c shall liave the time of tin,, , i-i ,. !• J.1 /-I trie same or the Jiko powers as hv the ( 'onmion Law tion ot the Court -n , . i , . ' . rroct'dtu'c Act and other Acts are «aveii Id anv ( 'oiirt e as now providei , ..,.,. . , , ^ , . . . . -D 1 Whose lunsdietion is bv th(! .Tudieattu-c Act, vested in the Jueen s J3onch ain TT- i /( ^ ^,^ '' ,. ,. Jrligli ' ourt, M-itli respect to relercnees to arbitration and 1 ,, ^, , proceedings befoie nrbitratorsand theirawardsaiid a]ti)eals. ch the Court ( '. » ,, ;, ,. , ^ ■ ,> , „ ^, . y. All the tonus and in-ocedure in force wliere not inccm- ssing of the Ac . , ^ . , , . ^ ' ,_., . . ,. 1 ,f , ,. sistent With the Act or rules of Court to reinain in force, ^hall be accordm. r,., . u • • n i i .• . > i ., • Ihore IS nothing in the rules I'elating to appeals that call hancery. ,. , ,. . . ",, , . , , tor anv observations, exce]>t it rn- to call vour attention to such right as ma , , \ i • i , - ^i \ i ^ , , . , o • the rule, M-Juch states that orders as to cost.s o??./'/, which to the verdict ( i , i i. i. ^i i- .• i. i , < arc hv law left to the o then attention to Ilulu I \vill shew you tliat the Conn mon Law practice of having the facts as si't fortli in tlih pleadings at a trial found and pronounced upon, leavina the (j[Uesti(jns of law to be afterwai'ds deternnned in Tern C is virtually abolished, with just as ihiich eliect as Terin r/ themselves are abolished. I'he old Cl>ancery practic C supersedes the Common i-.w practice, and for the futui r the result of the cause will not depend on the finding tli facts set forth in the pleadings to be true; but the Jud;: a at the trial or hearing, will give judgment for tlie partj 2 entitled in point of law or eipiity, altlnjugh in doing ^ c the facts as set forth in the pleadings, have not been f(juii' t; to be true. There will in future be no more motions '" li C arf<'f yuu that thu Coji, as s('t fortli in tli need upon, lea\iii. uterniined in Turn cli ertbct as Term Chancery practic iiid for the futui on the findinff tli ■lie ; hut the Jud" iient ibr the parti hough in doing m ^ve not been fouii' more motions " ii veredicto,^' whici appJi' able to case )i tlie facts in lii jcing against hin of llie verdict h; U, or for judgmeii [ trial in causes u ;• of tlie Act, well )f Law. In thes' as ^vas the case ii ore the passing u e action to he oii' duction, maliciou 11 these causes o: jn Law Procedui' I by a jury, unles his class of case cit law, equitahl- Jt by a jury ; tlii Dther cases in tli' Quei'us Pn'iich and Conimon Pleas which might be tried by citliiT mode, Jiulgc or j'iry ; tht,' intention of the A(.'t is to pi't'si'Txc tlic same mode of trial as existed at the time of tlie pas.sing ol' tile Act. Rule 3 explains itself, aii'l needs but little if any comment. The < 'oiirt of ( 'hancery had exelii.>i\e jurisdiction before the })assing of the Act in all ei|uitable claims, except ei[uitiible money demands. The Common Law < 'ourts couM tiitertain e(|uitable suits for 7V0n('ii demaiuls only. The exclusive jurisdiction which the Court of Chancery possesseil Ix-fore the Aet, it will still retain. The 4tli Mule is a, new de])arture. By that Rule (subject to tlie light to hav j>articular cxLsea submitted to a jury, such as 1 have referreil ti.» in my remarks on Rule 2, and the illustrations given there and to Criminal [iro- ceedine's by the Crown, not oiilv the Hit.ii Court of .Jus- tice. (jranv Division of the lli^li ( 'ourt of Justice, but the Court of Api)i'al mav refei- a.nv '/'"■^'/i'"" arisiiiu' in any cause or matter before such court to a.Judu'eof theCountv Court; or to an Ofiicial llel'ei'ee, or to any other pei'son agreecl (jii by tht} parties to report uptni the ([ntslioii. It is ill lae't (for the' referencti niay be to any ('ounty Court Judge) converting a County Court Judge, Ofiicial Referee, or e>tlier person agreed upon into a kind of Master's office. References to Master to repoi't have always Ixitm ado|)ted in Chancery, now tli(> .same r(!ferences may be- made to the otlicers named in either ( 'omiuoii Law or {'jpiity matters, and is extended to the ( 'ourt of A])j>eal. The re])oi't is iie>t final but may be adoj)ted in \\he)Ie or |>art by the' i 'ourt, and enforcd as a judgment. ]\ide '). 'I'his makes an luijiortant alteration in the practice, as any Divisional Court or Judge of <_'ourt of Appeal, as also the Court i»f Ap})eals may call in the aid of an Assessor speci- ally m.alituMl, and try and hear such cause or matter wholly or partially with the assistance of >uch Assesst.)!". Observe, " try and hear with the assistance e)f "' No pro- vision seems to be made that tiie ^Assessor shall be si''oni " well and trulv to try. ' He is called in to aiel the Coui't or Judge, and then, too, by the Court of Appeal. It does "H 24 seem odd that such power is given to an Appellate Court it would be in fact one of the Judges exercising origin,' ^ and the balance of the Court, appellate jurisdi'^tion'^ l| cases where a question of science or skill is to be tried, I may be an improvement to have an Assessor called ii „ but I think some safeguards in carrying out the Act, wi^ be required, which will no doubt be supplied by rules ^ Court. Rules 6 and 7 are so cxi)licit, as I have stat. them to you, that no further comment therein will h( required from me. I will conclude this branch of the A^,. by saying that the alterations in pre-existing practice ,^ to trial and procedure, are important, and I would recoiLg; mend you to consult any text books existent therein, .-.r well as to have a look out for rules that the Court wi,o unquestionably make. . ■ti Rules of Law. i( By sections 16 and 17 of the Act, certain rules of lawaita prescribed: the rules are under the sections. I will cDr deavour to summarize them, retaining the numbering ;,le given in the Act, commenting (jn each, or gi'ouj^s, as I pr, i ! ceed. p^ By rules 2, 3, 4, and 5. The several Divisions of tl.oh High Court shall enforce equitable claims, and give efie<:o as defences to equitable rights and ecpiitalle estates; aK^q give relief in the same suit which the defendant in thaor suit may have against any other party in respect of tl.x>: original subject of the cause or matter, whether the oth, 11 person is a party to the cause or not. The object of the^.^^a rules IS, to have all matters determined by the rules . ob Equity, and not Common Law-to give effect to all equifth able estates and rights, no matter what the law of the ca^pr may be, or whether the cause or matter is in the Queen of Bench, Common Pleas, or in the Chancery Division, it ii* the equitable right in the case that must be given effect t soi The Courts must also not only give equitable relief a^^i between the parties to the original suit, but also as betwe.. the .lefendant an,l any other party in reference to the sani. La k-.^f'dilbk::.- • ;»i&J!._ 25 .n Appellate Court-ui3J,.ct mattor. As an illustration, takr tl.o case of a i exercising origin? ef^j^.L^nt .sued upon a bond, and a third party has indcm- ate jurisdiction, {[f^^^ j^i^^ against that bond, the th ird party is made a party kill IS to be tried, ^ the suit, and relief is given nut only to the plaintiff Assessor called iigainst the original defendant, but to thJ defendant against ing out the Act, ^vihis third party, it being a inattei relative to the same .'upp led by rules object matter. So in any such case. "E.r nno d'lsce omnes." I , as 1 have stab jg-Q cause or pioc<;eding pending at. any time in the High 2nt therein will l-iQurt of Justice or the Court of A].pcal. shall be restrained IS branch of the Ai)y pi-ohibition or injunction, but the cause for which a existing practice .'n-ohibition or injunction may have been obtained, may be an(l I would recoiLelicd on by way of defence. The Court may stay the existent therein, f)roceeding if it think fit, either at the instance of a party hat the Court wi,o the (;ause, or any other party, if such party could, if the Vet had not been j)assed, have obtained an injunction. The tudent is not to understand that a prohibition or nijuuc- ion cannot ])e obtained in an}' case, but only that no tain rules of law anause or proceeding pemling in T'ourt .shall br stayed l>y jctions. I will e2,)rohibition or injunction — the remedy is to set up as a the numbering ;ilefence in the same suit what would formerly have been or gi-oups, as I pr, i grount does not give a right to connnit etpiitable waste. To con. prehend this it is necessary to examine what equitabl n waste as distinguished from legal waste is. An illustratin: l will best elucidate : there mav be a clause in a lease f'. b life that a tenant shall not be impeachable ior waste, tlia r would e deemed of the evssence of the contract unless ay not have beei so construed by the Court of E(piity. is to give eflect t Courts of E([uity hold that time shall not be of the u refer you to tli essence of a contiact, unless the contract itself clearly and App. Rj). 102, t distinctly states that time shall form the essence of the merger. 2S contract ; either j^arty may by reasonable notice, howevffl make time the essence of the contract. 8. — A mandamus or injunction may be granted ( Receiver appointed by interlocutory order of Court, an either Ijcfore, or at hearing, and as against trespassers a 1 well as parties claiming a right. The principle to be deduced from this Rule is, that hert after injunctions may bo obtained to prevent any threft tened tresj)as9 or waste, whether the party against whou the injunction is sought, is or is not in possession under claim of title, or is a bare trespassei", and applies whetlu the estate is claimed by either as legal or equitable 1 having been held that injunctions would not be granto against mere trespassers Betting up no claim of right, bu that the party must take his legal remedy by actioii This Rule is to got over that objection ; it also gives r right to obtain a Receiver in Conuuon Law as well a- equity matters. The jurisdiction was formei'ly exchi sively confined to Courts of Equity : it may now !)• obtain(Ml in any Division of the High Court, both in lega and equitable matters. 9. — In relation to the custody of infants, doctrines oi equity to prevail. This Rule is made to control the strict Rule of thf: Conmion Law, which rjave the custody of infants to thf Fathei- even as against the Mother, but the Court of Chan- cery under extreme circinnstanccs exercised the power of removing the infant from the control of the Father. There having been so much conflict of jurisdiction in this mattei the Legislature have thought proper to adopt the e<|uitablt. doctrine. You may refer to the following cases as bearing on this subject : Re Taylor, 11 Simons 178 ; Re Bartleff 12 Collyer GGl ; and to Revised Statutes of Ontario, cap ISOandca]). 132. 10. — When there is a conflict between Rules of Law and E(iuity, the Rules of P^quity must prevail. This Rule is a speaking one. You have only to bear in mind that the Equity Rules govern when there is a conflict between these and the Common Law Rules. 20 bio notice howev I^' ^'^y I'^'xt lecture, T will take up the Orders, first in the aggros-ate and then in the ci^ncrote. Making some nay be ^rant >! genei'al observations on them as a whole; and then, if time order of Conrt permits, taking up each Order, making comments on each, gainst trespassers a ^^ ^^ '*'^^*' ^'^ ^^^^'^^ ^^'^^'^^^ '"''^^'^ ^'^^ ^'^^" "^ ^'^''''"^' *^^^ practice hei'etof ore- -feeling that those more especially is Rule is that h • ^"S'^o'-'^ '^^ Common Law Practice, will reipiire to give prevent an tl • •' ^***^"^^'^'^ ^ though it will be found that in tlu; Orders there party acainst \ ] ^^ ^^' admixtui-e to some extent of Common La^v and 1 possession under',' "^^''!^^^ Pi-ac'tice. I shall only give the gist of thi. Orders, )UJ leaving to commentators on the Act to enlarge on the details of the (Orders. All tht^ Orders have Rules under Id not bcT-" f ' ^^®'"' and I will, during the c claim of right, bii remedy by action on ; it also gives ? )n Law as well a> as forniei-ly exclii : it may now h 3om% both in lega Rul fants, doctrines o: strict Rule of tin Y of infants to thf ^he Court of Chan- ised the power df the Father. Then tion in this mattoi dopt the equitabl. ig cases as beariiif^ 178 ; Re Bartlcff s of Ontario, caj' Rules of Law an<,' ^e only to bear in there is a conflict les. 80 LECTQRE III. ORDERS. In considering the Orders, I may remark genemUy, th; they make important alterations in existing practice. ' Tl bill in Chancery is abolished— superseded by summons ar, ckmis ; so is also the declaration at law. The answer i Chancery is abolished— superseded by defence. Tl specially endorsed writ, as it existed at law, is 'a anotli, form continued. Pleadings will be at an end at the rep) cation, unless a Judge otherwise orders. There will be n more rejoinders and sur-rejoinders, re-butters and su- rebutters. Parties innumerable may be inti-oduced into tli same suit. Orders may be obtained for addition, subtra^ tion, and division of parties as before remarked. Rules nisi are abolished— superseded by motions an Orders nisi. The Equity practice is to be in vom„ Motions and notices of motion will be the Rule, as it°h;. been in Chancery. Parties moving will support thei motions and have the right of reply. New trials may v certain cases, l>e granted at the hearing. Causes may I adjourned in whole or in part. Counter claims mat 1^ estr.u.ished whether partaking of set-off or not. General) It will be found that all matters in controversy betweei the parties, will be disposed of in the same suit. So mud generally for the Orders. We will now take them uj seriatim, with the Rules under the Orders. tMm^iuiiiiaiJitiimmmm 31 lark generally, th; sting practice. Tl 2d by sinninons aii w. Tlie answer i by defence. Tl -J law, is *n anotli> m end at the repl There will be r, e-butters and sui introduced into tl. ' addition, subtra (marked. d by motions an to be in voo-U' the Rule, as it h;i v^ill support thei New trials may i: ;. Causes may 1 ter claims may 1 or not. General); itroversy betweei lie suit. So mud )w take them u; rs. ORDER I. Rule — I. All actie indorsed with the statement of the ivifure of claim made, or relief asked, and specifying the Divi- sion of the High Court, to which the action is assii^ned. "2. Party using more prolix forms of wi'itsj or in- dorsements thereon, is subject to pay costs. S. Form of writ. " 4. Form of writ, out of jurisdiction. 5. Writs to be tested of day of issue, in name of President of the High Court, and defendant notified to appear in ten days after service if served in Ontario. ORDER III. Rule — 1. The indorsement on writ need not set forth the precise grounds of com])laint, or precise remedy or relief that plaintiff claims. The Court, or Judge may give leave to amend the endorse- ment so as to extend it to any other cause of action, or any additional remedy or relief. MRHfil (c U It 32 Rule— 2. Form that the specially 1 3ndorsed writ must have something more than an endor.se- he is to endor.se . '^^®"* stating the uatave of the claim,, viz. the pavtkvlars ess and occupatlo^^ *^^^' amount subject to be recovered, and the amount an two miles awr^*^°^^-*^ *'"^'' '^*'^'^ ''^' l»q"i^Jated demand. Tlie same form the first process i^ special endorsement will do as before the Judicature Act endorse a place ii. .^^^ V^'^^^^^- The forms to Act may be consulted as to what ;h office, for servic^'^ *^^ "^^"'■^' *'*" ^^^^ ^'^^"" ^*^^' ^^'^'^ch a writ may be specially not requiring p,,en?u'ssio7i.— Plainti-^'^^^^^'*^ " '^^''"'-'^' ^''^"''■^- ^V^^^^^ endorsements under Order notices, jDetitiuji ■^^^- ^"'''' "^ ''^ ^^''-' ^'^'^^'^'al character of claims inten.led— hich writ issued. *^'^ ''^ 1""'^''^" ^^' ^^''- l^^'^'biig in the Part II. (2) of form.s 5 u No. 4, whicli is " Mdiicy claiins wImto ho spcciul cndois* ment under Ordi'r III. Ivulc 4." CoinpfirinL;' tlioso itst'cn pretty clc^ar that the cliaraeter of claiiiis proper for spec: ally endorsed writs are those I have iiidieat« and the like of seetion 4, No. 7 of the forms. The Order III. is an iniixtrtant one, as direeting tl. Student to the ])e;.,'inninif (»f his suit — "(lintldlumfitdi (ji coepit hahet," — a good lieginning may make a good endin, whereas a l>ad ]tc«niiiiinLr will make a had endin''. '11 facility of obtaining orders to amend mistakes whieh m. be made, will be gratifying to the Student. But it is f better not to have mistakes. Time is lost, and expeii incurred in curing mistakes. In the (Ith Uuli>, the ' oni nary trust account," thei-e referi'ed to, means account accounting [>arties ; to .ases where the fiduciary relatii exists, one party being bound to account to anothi Observe also the directions as to mode of endorsement i mortgage eases where you wish innne«liate payment ai possession, and see Form No. 9 (d), A]>pendix A. ORJJKR IV. DiscLosuKH r.v Solicitor and Plaintiffs ORDER V. Renewal of Whit. ORDER VI. Seiivice of Wiut of Summons. Rule — 1. No service of writ required where defendai by his solicitor, accej^ts service and undertak to enter appearance. " 2. Where service re([uired, service to be made now ; where personal service required a made to appear to Judge or Court on affida that plaintiff, foi- any cause, is unable to eH' prompt per.sonal service, the Court or Ju. may make order for substitutional service. iJiiSyffl ;j; no special cndoiS' pfiriiiL;' those it seen HIS |)rf)j)er for spco iiidicaUd, viz., tho^ forms. no, as diioetiiig tl 'ilirnldlum facti 7* make a jj^oofl cndin a )>ad (.'luliiii;. '11 mistakes wliich iiii: udent. but it is f, is lost, and oxpen (Itli Rule, the 'Old o, means account ic fiduciary lelatii iccount to anotlit e of endorsement i lediate payment ai >pendix A. ) Plaintiffs T. JiMMONS. 'ed where defendai ■vice mid undertak ervice to be made rvice required a or Court on affida !e, is unable to etf the Court or Ju' tutional service. Rule — .'{. Marrii.Ml women may be served tlie saine as uniiiai'rieil Avomen. 4. Wliei-e action is for any purpose ofhtir than recovery <»f money fioni an infant defendant ])ei'Nonally, oi' of land, ^^oods, or chattels, of which tlir infant is personally in possession. Service on olhcial guardian, for service on the infant if infant, ivsides in Ontario. (a J When sevend infant defendants sufHcient to serve one copy of and on guardian for all infant defendants. (b) Fvi)\n timi- of service, ..thcial guardian to be "guardian 'r at their principal i)lace of business in Qjitario, sufKcient for all. '^^■jVAAli^'i^. ^ .Aui^JlllO.,' 3G Rule — 9. Wliere a person carries on business in the nan of tlie firm, service may be upon the manag at the place of business in Ontario. " 10. Service on C<->'"iiui.itions or any Society Fellowship, or any body or number of persoi may be as i)rescribe(l by any Statute directii the mode of service in such cases. " 11. Service in ejectment on vacant possession 1 posting th(! writ on the door of the dwellii house, or other conspicuous part of the pi perty. " 12. Endorsement of service of writs to be as m> (a) Affidavit of service to mention day on whi' the service made. ORDER VII. Seiix're out of Ontario. Rule — 1. Service of writ of summons out of Ontario, notice of writ of sunuiions may be allowed i the Court or Judge, in the following cases : (a) Where the whole or any pjirt of the sii ject matter of the action is property situ? within Ontario, or is any act, will, or thii affecting such ]»roperty. (b) Where the contract which is sought to ' enforced or anniilled, or otherwise affect in any such action, ov for the breach wlien damages or other relief are, or is deuiainl in such action, was made or entered ii within Ontario. (c) Where there has been a breach of contif; within Ontario, wherever the contract ma (d) Whore any action or thing sought to restrained or removed, or for which dai ages are sought to be recovered, or is to done, is situate in Ontario. 37 business in the nan le upon the manac; Ontario. or any Society r number of persoi ,ny Statute directii 1 1 cases. vacant possession 1 door of the dwellii lis part of the pi • writs to be as mi lention day on whu (e) Wliovf t]it' action is liroiii^lit uii contract or judgment, not witliin tlic foin- above cases, but tlic defendant has assets in Ontario. TiMK Foit Si;iivr( K oir of Ontauio. Rule — 2. it, h, ', (I. " 3. ( 'ourt or Judge luay order ser\-i(.'e in different manner or alter ti)ue for a ]>} Hearing. " 4. Sei-vice made without jirevious ordei-. ma^^ ])e allowed. " '). Notice in lifu ot' wi'it shall be served in same manner as writ ot" sunuuons. OK])Ivll VIII. IRIO. ns out of Ontario, s may be allo\ve .shall .so state in bis memorandum of appearance, and in that case serve a cojiy of such aj)- poai'ance on the plaintiff. " 7. T^pon receipt of memorandum of appearance, oflicei' t(j (juter a[)})eai'ance in procedure book. " 8. Partners .^ued in r.ame of firm to ajipear indi- vidually in their own names -all subse(pi(!nt ])ro(;eedings continued in mime ofjiriii. ^t^iase'^PK!! u (( 38 Rule— 9. A i)cr,s()n cairyino- on business in name of fir apparently c(jiisistiiig of more than one persi sliall Ix! sued in name of firm— shall aj^pear his own name— subseipient proceedings to ' in name of firm. 10. If several defendants appi^ar by same solicit at same time, memorandum of appearance contain nauies of all so appeariu'T. 11. Solicitor not appearing in pursuance of tvrU(, undertaking, to appear subject t(j attachment 12. ])ef(Midant may a.pi)ear at any time befo judgment— if he api)ears after time limited 1 appearance, to give notice thereof on same da to i)laintiff's solicitor— entitled to no furth time fur delivering defence or any other j)i, pose than if he had ap))eared according to wri unless Court or Judge otherwise orders; if 1 omits to give the notice, plaintiff may p'rocet as in case of non-appearance. VS. Ai)pearance in ejectment by defendant ii named in writ as .lefendant, may be wWw- leair on tiling alKdavits that he is in posses.si, by himself ..j- tenant, and if defendant in ui is Ids tenant, he is so to state. Form of afful vit given. No. ;3.S, Appendix C. 14. When sucli alKdavit as above is not filed, ai person not named in writ may, by leave ( Court or Judge, api)ear in ejectni .'nt, and .i fend on filing afKdavit that he is in posses.-,!. either by liimself or tenant. 1-3. Landlord appearing to defend in ejectment f land in possession of himself or his tenant, t state in A/s iiptyarancc that he defends'-.! landlord. U;. Where persons not named as defendants i writ of summons in (jectment, the appearanc to be entitled in action against partv wlm named as defendant in writ, and fortlnvit tSOSK ve is not filed, ai may, by leave ejectment, and d he is in possessi. id in ejectment f f or his tenant, 'lat he defends as defendants : nt, the appearaii iinst party wh^ it, and fortlnvit 't'! give notice tu })lainti(i's sijlieitor, and lie (the [ici'soii ap|i(,'ariim') shall be named in all subse- |)earin^' may limit his defence as to part of land. (Practice in leference t(j same as at present.) " IS. Form of notice. 1!>. Any {)erson appearing b; writ of summons in other eases, may limit his defence to (juestion of amount to which plaintili is entithid, and in his api^earance or by notice states that he dis- putes amount only. Form of Notice, No. 15, Appendix: B, I make uo conuuent on Oi-ileis V. and VI., as 'to disclosure by solicitors and |)lalntirts," or " renewal of writs,'" as the present practice is continutHl. As to Order VI. 1 vvcmld recommend the uny (general Order 13, she could bo served as if a feme sole. I refer vou to Rules 4 and '). Rule o seems to bo the exact (jp])osite of Ruh; 4. By Rule 4 wiiere the action is for the adniuistration or partition of an estate in which an infant is interested or wlier Ontario, by these provisions (h) and (c) as to contract. 1 has enacted that no matter where the contract is made, i I there is a breach of that contract in Ontario, the part may be served out of the jurisdiction ; thus enacting wlia in V<(U;/ha-n v. WrhJon was decided. If the contract ; made in Ontario and the breach without Ontai-io, scj-vi. may be made out of the jurisdiction. The word "affecting such land," in Order VII^A;, will not escai your attention. You will see that these words oiy, wide latitude in the matter of service. Very numei-or, cases may and will probably arise where this provj.i. will be invoked to give jurisdiction. It will be impossiH in the course of a lectun^ to do more than direct yon: vmtm ^L, to wliicli I ii(M «S and .0, relative • ill see that the vu Lifticient to serve oi 'ir business for tl ! on all the menihc! ', to the snhseque: Order VII. tiials , iientioned in whi, ,aven in detail, tl %s well as writ, contained in (h) ai, t at rest what ha cause of action," ; ion Law Procedm only that i)art of: oniplaint or breac gall, 31 IT. C. C, } scussed. Until tl R. 10 C. p. 47, ! English C'ourts a ' point was then s, Judges, it was li«i of contract shun! rhe Legislature . ') as to contract. ontract is made: Ontario, the ]\an hus enacting wh If the contract i it Ontai'io, sei-vk ion. The woiJ '), will not escii] cse words it and bv wav of assistance refer you to decided cases on tlic suliject. A reference to these cases and applying the Rules there laid down will guide you in coming to a C(jrrect conclusion in other cases. Refer then to the cases of ('reswell v. Po.rher, L. R, 11 Ch. 1). COl, and //urjv's v. Flcriumj, 13 Ch. 1). 208. There is but little in Order VIII. ro(juiring special men- tion ; a bare i-eading ';i>(ls be delivered, but plain- tiff may file affidavit of service of sunnnons or notice in lieu of service, and file and serve a statement of the i> ^ , „ , Rule — > [)!■ damages for Im n- recovery of lau.i the laml and pnic lies as to such ^,\ ii'it ;i|(})('ars to .liidgf tliat a deft-ndant has a i''Ood defence and otlier defendants have not, l)laiiitifi iiiav enter iudirnient airaiust the one who lia.-> no (-left/nce and proceed against the others. 0. Leave to defend may be alisolute or conditional. idgment on pracij, ion suits, or adm: mu t? i v n ^ tv ^ i • i t • i . i- , . , Ine Kules or (.)i'der lA. to wliieh 1 wish to direct your on such evidence, ,. ,. i, , . - /. m n i i- ^ u i . , . ttention are Kvdes 4, o, 0. 10.11. 1 reler to Rule 4 as LS may he) as prov u r i n f n r .• • i r ii /-i , K . here yon imd the former (Jomnion Law i)racticc carried of the Court of CI . , • ,, i i •. r i • .i ut as to s])ecially endorsed writs. In my remai"ks in the , irst lecture T i-ave when si)eakini;' (jf what I considered to isure or redemptiei .i c< • i r- i \ • l ^ ^ r d i , - ^ )e the Special hndorsements intended, I referred you to lorte-aged premist-i -• . .r ^ ,. ,. ^ ., ,„ . r, • , , .° ^ section 4 No. < of forms as "Money Claims — Special to pidrrment or ui7 i . i /» i tit i> i <"' • i i t^ i ,.;' .'^ , "lindorseinents under Order J IL Rule 4 as intended. Rule intitied to the pn. i r <> ta w r • i i i i i " , . , t >, speaks of " JJel)ts or iKjUidated demands claimed, yet lot claim<:(l un a Writ Specialbj endorsed. In that case row will perceive in ease the defendant fail to ap])ear nstead of statement of claim, you file and serve a ^>^rt/e'- Writ Speciaij.v ''^^^^^ of jHiiitcvlars of claim — and then after i • i. -i ,, , Rule i) sliews tluit a better Rule is to prevail than here- le or motion, oli'. c • i i- \ ^ i.i i i> i ^ i • ' tofore, VIZ. vou do not abandon other defendants by si<ut plaintiff' is not entitled to judgment or 46 or». eitliol.'ss, got a ,si„ Rule- iself, (ji- gottinn- . ng tlic cause of act " procure an order i'lidant satisfies J, UK AVrit Endop. f ])laintiff' cannot ^ get it on motion 'inofl as plaintifT- I'iglit to any rolic jointly, severally, ame of any plaint 1 whether ho isf may allow anot! >stituted. defendant shall Hef prayed, or as ded therein. voralJy or sever.i be joined as defer wliom he is entit^ join several defn: )ubt determined, dministrators in; ing any of the pa -S Infants mav sue as ].lainti hv their next friend, and . Married women may sue or defend without their husbands in all cases relating to their separate estate, or to their separate engage- ments in othei- eases may sue by their next frit-nd. 10. "Wlure ]tai*!.-s are numei-ous, having the .same intf.'rest in one action one or more may su(( or be sued or authorized by the (V)urt to defend on behalf of parties so interested. 11. Court may in cas.> of doubt as to who is lieir 01' next of kin, aiisiuL;' from the construction of aji instrument direct the case to proceed, sub- ject to eni|niiv as tu that fact, appointing some pers(jn in the .;iean time to iepi*e,sent the heir oi n^xt of kin. Partners may sue or lie sued in the name of their respective firms. Persons trading mider a iirm's name, may be sued in the nrme of sueh firm. Chancery (")rders ')S, ,')!), {](}, and 61 in force as to Hii^di Court. Misjoinder. No action to l>e defeated by rea.son of — Coui't may deal with matter so far as rcL-'ards the parties actually before it. Apjtlication to aild, strike out, or substitute jtlaintiif or w defendant added, writ to be amended. IS. Jf statement of claim previously delivered, it sliall be amendcil to meet tin,- case of the )).ew defendant beinir add'^d. llj. Whemn'er it a]ipears to the Court or Judge that a question in acti()n should be determined not (.>nly as between plaintiff and defendant. 1-2. 14, 15, IC. ^ Rulc- 4.S but l)otwoen ])laiiitiir and (lefeiidaiit and any other person, or t;ither of them, the C(jurt (jr Jud'^e may, on notice to such last mentioned person, make such order as may bo proper to iiave (piestion so determined, and regulate the mode of giving notice, and to whom to be given. ' notice to 1)0 served, &:c. " 22. X'i person not a party to the action served under lIuK's ID and 20, desires to dispute tlie plain- tirt"s claim in the action as against the defendant on whose behalf the notice has been given, he must enter appearance, »S:c. " 2o. Court or Judge may direct the mode of liaving the (question in the action determined. " 24. Plaintirt is not to be delayed in his proceedings hy reas(jn of (piestion to l>e determined between defendants. " 25. Service of notice on persons of unsound mind in same manner as writ of sunnnons, " 20. Parties to administration proceedings. No person other than executor or administrator shall appear inCluunbers or Court on the claim of any one not a j^arty to the cause against the estate of deceased in respect of any debt or liability. This Order XIL, as to parties, makes changes in the practice heretofore existing either in the Common Law Courts or the Court of (Jhancery, of a very radical char- acter. The 1st rule will create much controversy as to Avhat is intended. I read Rides 1 and 3 toirether, as one a}>plies to plaintiffs and the other to defendants — "jointly, severallv, or in the alternative." Take the case of several parties libelled in a newspaper article. They could not formerly' have maintained an action jointly, as the tort or I 49 any lied to the veil. ilt.'i" wrong was a wnjni;' done to t.'ach, and vinih hail to nuiintaiii a separate action ior the wiong done tS, where it was held that the several parties lihelled could Join in one action. In the like case, the cause of action in the lihel was all in one document. Hut how will it ])e wlien several persons who have a right to relief, have that righ respect oi a matter or nuittors (piite distinct from each other I Can they all l»e joined as ]»l:iintifls i The rule is large enough in terms to include siieh a case, but T douht if it will he allowed. If allowed, llu re might bean iidinity of plaintiff- and an inlinity of matL rs iu tlic same action. I think the relief claijueij where se\.'ral persons are made plaintill'>, it must he a relief in respect of a subject matter, they are severally interested or jointly interested, or have an alttvnative of being entitled to one remedy or to ant)thei'. I do not see how Rules 1 and '\ are to he carrieil out successfully unless some such rule is adopted 't may he that I give the rule too narrow an interpr- n. We must only wait to see how far the rule will be construed by the (.*ourts. It is fortunate that the the word mau is in tlu' Rule, ratlier than the word i^holl : " all persons may be joined as plain tifls," &c. Rule 2 is a ])eneficial one ; formerly if a mistake were made in bringing the action in the name of a wrong plain- tiff, tlie mistake miuht not l)e found out till too late in the action. The action would then have to be discontinued. Now the Court or Judge may cure the nustake by ann-nd- ment, adding another party or paities as plaintiff, or sub- stituting some other l>arty as plaintiti'. Rule (J, we m;iy term a, fishing Rule. It allows to a plaintitf when in dou>)t as to who should be the defendants in the action, to join several, and leave the Court to solve the doubt for him by determiiung who is or who is not the proper defendant 2a 50 oi- defendants. Rule 7, is adoptini,' the Chancery rule, allowing trustees, executors, and administrators wlio re- p]-es(;nt other parties, to sue on behalf of such other parties, or be sued as representing the property or estate of whicli they are trustees or representatives, without joining the parties beneficially interested. Rule as to niai-riod women sueiiig or being sued without their husbands in respect of their separate estate, does not mean in respect of tlieir separate estate in the old equity sense of the term, as property vested in trustees for the separate use of the married woman, l»ut means sejmrate estate or estate considered separate estate under the Married Wo- man's Act. Rule 10 is the adoj'tion of the Chancery rule, that where th(^re are several pai'ties in the same interest as creditors, the bill should be, and now the summons or suit may be brought on behalf of all other parties in the same interest, and so one of several parties in the same interest may be authorized by the Court to defend for all the par- ties. Rule 15 imposes on the Court the duty of dealing with the matter in dispute so far as regards the rights and interest of the parties actually befoi'e it, notwithstanding the inisjoinder of ])!irties. Rule li) is a lieneticial Rule an) Plaintiff' ill like maniu'r to deliver statement in rei)ly. (c) Statement to he as hrief as natuic of claim will allow, under pt'ualty of payini;' costs. " 3. Defendant may set up counter cliiim wliether sound in damag'es or not. (a) The counter claim to he same in effect as cross action — Court to determine the whole. {b) ( Vjurt or Judife ma>' hy Special Order disallow the counter claim to he j)resente(l. " 4. Every pleading; to l»e coiicist — to state material facts, hutnotevidtMice — 1«' he in paragraphs num- hered consecutively — each paragraph to con- tain separate alh\o-at ion : dates, sums, und nuni- hers to he expressed in fi,:;'ui'es, and not worda, .3 k 0. Pleadings may he printed or partly printed. » 54 Rul(! — 7. PI fadings to be served on Solicitor or on defend- ant in person if he so appeal's, or posted in office from wliich writ issued, if he do not appear. " cS. Ph.'ading to have marked on its face date of fih"ng : a refeiT-nce to the ])ivision to whicli action is assigned ; title of action ; description of pleading and nauie and place of business of Solieitoi-. " 0. Every statement of claim shall state specifically Plaintiffs claim, either simply or in alternative, and may also ask for general relief. Same Rule to apply t. Notice may be alleged as a fact, unless the foi-m of notice or precise terms are material. " 14. Where contract implied from letters, conversa- tions or circumstances it is sufficient to allege the contract or relation as a fact, and refer generally to the letters or circumstances, &c., without setting th(Mu out in detail, or if the claim is an alternative one, it shER XXII. ISSI'KS. Riile — Judyt; may settU' issues if he thinks the facts as stated do not fairly l)rin<; u[) the real (luestion in dispute. ORDEU XXIII. Amendment ov Pleadings. Rules 1 to 11.— The suhstanee of this order is (1) That Court or Judge may amend at any stage of cause : (2) That Y>laintiff and defendant may hotli amend once as of course, and when they do so, opposite party may alter his pleading : (3) That alterations, i. c. amen(hnents may he by written alterations in copies tiled and served, and by additions on paper to be interleaved therewith, if the amendment is more than two hundred words in one place, or difficult, &c., amendment to he made by delivering fresh copy— when pleading amended, date to be given, and date of amend- ment — amendment to be in ink of ditlerent colours. ORDKR XXIV. Demi'hreu. Rule_l. Demurrer may be to wliole or part of pleading. " 2. Denun-rer t(t state whether to whole or part ; if to part — what part ? Ground in law to be stated. (Form given.) " 3. Denuirrer to be delivered in .same time as any other pleading. 4. Demurrer and statement of defence to be con- tained in one ])leading. 5. There may be a plea and demurrer to same pleading without leave. 6. If party wishes to demur and plead without tiling affidavit, in .")th Rule, he can apply to Court on affir aiinnint ascrrtaiiu'd. -5. So in cast' of several defeiidnnts may enter interlocutory judgment against tlie one making default, and ])roceed against the others, and have at trial damages assessed against the one making d. -fault, and have issue tried as to others. C. So in case claim he for detention of goods, and also for deht, or liijuidated demand may pro- ceed in same way. 7. In case of action for recovery of land if defen- dant makfs defatdt and defence not in time, ])laintitf may sign judgment. 8. In case claim is for mesne ]>rotits, arrears of rent, or damages for hreaeh (jf contract, same result to follow. 9. In all other actions, if defendant makes de- fault in delivering defence or demurrer, ].laintift' may set the case down on motion i'or judgment, and such judgment shall he given as upon the statement (jf claim the Court consider plaintiff entitled to. 10. Where several defendants, plaintiff may set the case down at once on motion l"or judgment against defendant making default, or may set down against liim at the time when it is en- tered for trial or set down on motion against other defendants. 11. In cases in which issues arise other than be- tween plaintiff and defendant, opposite party mav ai)i)lv to the Judge for such judgment as he on pleadings may appear entitled to. i :^ 02 OUDKR XXVI. Pavmknt into Cuukt in Satisfaction. Kulcs 1, 2, II 4. The siil.st;iiuv nf tlu.'so Rules is, that in any action for «l»'l>t(>r danic'i^'es any defendant may, after service of writ and before oi' at time of de'fen(;e delivered, pay money into Couit in satisfaetion and plead such [»ay- ment ; liy leave of Court or Judge, tlie payment in may bo at a later ])eriod. It will bet seen that the old Rule is extended to "any action for deljt or dama<^a'S ;" and that a party has ncjt now to wait till he pleads to pay money in, liut may do it Ijefore or at the time of delivering his defence. The order provides for the acceptance or not by plaintitf of the money in satisfaetion. (form given as to notice of acceptance.) ORDER XXVTI. DiscovEiiv AND Inspection. RulcN I to I!). — This Order and the rules under it con- tinues the old practice as to discovery and inspection with but little variation. The principal variation is, that now the examination may be had ])efbre issue joined ; formerly the examination could not la; enforced at law till after issue joined, and in Chancer}'^ after answer. Under the English Rule similar to the .*h-d Rule of this Order, which enacts " that it shall be lawful for the Court or a Judire at any time during the pendency of an action or pi'oceeding, to order the production ])y any party thereto npon oath of such of the documents in his possession or power, relating to any matter In (/acsfion in such action or proceeding," kc, it has been held that the order for pi'oduction will not, as a (jc'itcrnl lule, V»e made till after a statement of the defence is delivered. There may, however, be s2)ecial cases where it mav l.»e made before that time. oui)fc:R XXVIII. Admissions. Rule — I. Each party is to admit such of tlu; iiiatnial statements of tlic oppitsitc party as an- true, or h»' may give notice that he admits all or any part of plaiutirt*'s claim or defeiulant's defenci;. Rule — 2, 3, 4. Present practice retained. 1 need only refer you to the Rules. OllDER XXIX. iNQniiiKs AN'i) Accounts. The only new and special matter contained in this order is, that in any cause or mutter the (\)urt or Judge may, at any stage of the proceedings, direct any necessary in(iuiries or accounts to be made or taken, not\vithstanraetice. I 1-. Party entering aetion for trial to indorse on cei'titied copy of pleadings delivered whether trial is to he assesment of damages or deftMideil or undefended issue. " 1 .'). When case ealleil on for trial, plantifl' to prove his case so far as hurden of proof on him if defendant does not ap})ear. " 1(1. If phiintitf fails to a})pear when action called on an<1 defendani a])pears, defendant entitled to judgment, dismissing action, l)ut may jtrove counter claim. " 17. Applications may he made at the sittings to set aside verdict in eases in Ivults 15 and IH, one party appeanng and the other not. " 18. Where, through aceidi'Ut or mistake, any i»arty omits to prove material fact, trial n>ay ])roceed suhject to such fact heing provetl, uud the Judge rroy direct jui-y to find verdict a-^ if fact i)roved, and verdict sha'l take effect on fact heing after- ware made fur judunu'nt. 24. 2.") 27, 2N. fact us f5 any, f>f' copy ut* •l)t li( (•II G7 um)Kii XXXV. Motion tor Nkw 'Iuial in Jury (*asks. Tills Order is Bamsti'i's ImsiiiesJi. ORDKR xxxvr. Motions for Judument. Rule — 1, lv\'ce]»t where otlierwisc provided by Rules, iinl'-iiient oi' (Aunt to be obtained on motion, 2. Wlien at or after trial by jivy, the Jud^^'e lias direeted that any judgniei't be entered, any party may without leave reserved, apply to set asidt' sueh judgment, and entei' any other judg- ment on mitted to them. .*), Item, upon the ground that upon finding of jury, the judgment directed is wrong. ((() The application to set aside judgment under Rule tbniay be made to Divisional Couit or ( 'ourt of Appeal. 4. Where issues have leen ordered to be tried, or issues of fact to be determined in any maimer, and there is no direction of Court or Judge for entry of judgment, case may be set down on mo- tion for judgment as soon '\s issues disposed of. '). So as to some of several issues. (5. Any application pending may be turned by order of Judtie into a hearing. •( UR])KR XXXVIII. EXKCL'TION. There is nothing s])ccially new in this Order except Rule 7, which provides that where the judgment is, that party is eiititlecl to conditional relief, in order to get execution, he must demand the relief he is entitloil to from the op[)ositc party, and satisfy the Oourt that he has performed the con- dition. G8 OKDKR XXXIX. Writs of Fieri Facias. Nothing new in tliis Order. ORDER XL. Attaciimknt oi" Person. Nothing new in this Oi-dcr. ORJJFR XLl. AtTA( TIMKNTS OF DeRTS. Notliing specially n.,>w in tliis Order, (iarnishco prae- tice us at present existing, re-aHinned, and made applicahlc to L(|uity as well as Conmiuii Law cases. ORDFR XLIJ. Witrr OF Possession of Land. Rule- L Judgment of possession t.. h,. enforced hy writ of i)osses,sion, 2. Writ may issue on serving judgmmt and filing am well as JI(fJ>. fac. pos.^. IS ORDER XLin. Writ of DEi.nERY (Chattels). Writ foi- delivery of any property other than land .,r money, to be enforced as heretofore in actions of detinue. ORDER XLIV. ('llAN(iE OF I'.ARTIES RV J)KATil. Nothing new in this order. In em-ct the Chancery Practice as pe.- Chancery Orders 387 to 351, adopted. l)rac- caltlc wiit filiiiij- C'c tas I or iiiit. 69 (JUDKU XLV. Thansfki! and Condition' hk Actions. Rule— 1. Actions may be transf'cnvd from one Division of High Court to anotlier l>y older of President of such Division. " 2. Presidents of Queen's Dcneh, Cliancery, and Connnon Pleas Divisions, may ))eriodically meet and assign to tlio respective Divisions an e<[ual share of pending bu'iness. 3. In administration cses, the Judge of any Di- vision may, by order, transfer to such Division of nnv action pending against the executors or administrator of testator or intestate. " 4. Actions may l>e consolidated as heretofore. ORDER XI.VJ. Intkrlocutohv Ui!Dj:ns as to Mandamus — 1nji;nction, OH iNTKRnr Pju:skrvatI(>n of Pi{oi'krtv. Rul (( eery L' — 1. Where by any contract a itrhna facie case is established, and defendant in his defence claims to be wliolly or jtartially relieved of lialjility, Court or Judge may make order tbi- preserva- tion or interim custody of subject matter of litiL^'\tion. oi ordei amount in disijute to be In-ought into Court, or secured. 2. Court or Judge may order sale of perishable goods. 3. Iteri * * * for the detention, i)reservation or inspection of any property the subject of action, cVrc, also to authoi-ize any samples t(j bo taken, or any oliseivation to be made, or experi- ment to be tiied for the purpose (»f olttaining full information o\ evidence. 4&'). Directs when and how a|)plicntion to lie mad(\ (i. No writ of injunction to issue in any case. In- jmiction shall be by judgment or order which is to have effect of writ. TT- 70 Rule— 7. Where uetioii l.n>i|oht U, lecovei-, oi defendant • )y counter claim s.-eks to roeovoi- specific proi.erty oMiertliMii laud and lien claimed, o,)l>/^ lir !)}• either |)arty, not di.si)utin,i^- the (jther'.s title the ( "ourt or Judi^^o may authorize the paity to pay into Court or secui'e tlio amount for which lien claimed. «. Wlieve trusts of will or settlement are being administered and sale ordeivd of property vested in trustees, ^c, or witli power of sale, conrevail. Proceedings by sununons and rules aisl are abolished. ORDER XLVUJ. Al'PLlCATIONS AT CllAMHKKS. Applications at Chand)ers to be by motion or notici; instead of sununons. OliDER XLIX. Offickus and Officks. Treateil of in beginning of Lectures. I. 71 ORDKIl L. Costs. The Rules of this Order speak for thcinsc-lvcs. ORDER LI. Notices nnd affidavits may lie partly in print and partly written. ORDER DTT. TlMH. No remarks necessaiy, except perhaps as to llulc '2. It will he seen that the lluli' excludes holidays as defined hy the [uterpretation Act in computation of any time limited for doinu' any act, although such holiday may he one of the intermediate and not the last far beyond 1 ■A-ill rej,ort your attendance to ( 'onvocatiou. Voui' number afiords some guarantee that if the Law School, which you have so nmch at heart, is re-established, it will not i.eiish for want of suitors ut th." shrine of legal e.lucation 'll6«IMfc«l«BM»*«*K«-