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 ^4m^ ^(%4wiU 
 
 
 
 THE CHICAGds^Sl^^Y 
 ADVOCATES 
 
 »•'<. ■ 
 
 
 
 1915 
 
 '5 j^-- 
 
BOOK OF 
 
 THE CHICAGO SOCIETY 
 
 OF 
 
 ADVOCATES 
 
 CHICAGO 
 19IS 
 
COPYBIOHT 
 BY 
 TUE CaiCAOO SOCIETT 
 
 or 
 
 Advocates. 
 
 1916. 
 
With tlie Compliments of 
 
 WlLMAM UeMWICK UlDDEI.I.. 
 
 
 /f/i? 
 
 ^'. 
 
<^l 
 
 II 
 
 i 
 
 "T^^ LEGAL PBOPESSION EN ONTARIO 
 
 AND 
 THE LAW SOCIETY OP UPPER CANADA." 
 
 Bt 
 
 ThB HONOUIUBIJt WaUAM R».NW1CK RlDDMX, LL. D., F. R. 
 
 HiBT. Soc., Etc., Jr tea of the S^ ^beme Court op Ont».bio. 
 
 (Memo. At the request of ' 
 Advocates," Mr. Justice lii(1<] 11 
 
 e ChicaRo Society of 
 
 ^^^ addressed them on "The 
 
 Legal Profession in Ontario" at their inaugural meeting, 
 November 9, If ; ». The fc U<;iag contains the substance of 
 his address wit: .»me additions, and has been prepared by 
 Mr. Justice Riddell at the instance of the president of the 
 
 Society.) 
 
 So long as Canada remained a French possession there was 
 no distinction in the legal profession. The same person 
 might and often did exercise the function of Advocate or 
 Barrister, Notaire (notary) and even Arpenteur (land 
 surveyor). 
 
 No change was made in that respect by the victors on the 
 Conquest in 1759-60, or by the Royal Proclamation of October 
 7, 1763, which introduced .nto Canada the English Law, Civil 
 and Criminal. This Proclamation also established a 
 "Province of Quebec" which included in its area not only 
 what is now the Province of Quebec, but also what was after- 
 wards the Province of Upper Canada and is row the Province 
 of Ontario. When the Quebec Act was passed (1774), 14 
 George III, c. 83*, it was not considered advisable to modify 
 the existing practice. 
 
 >ln Ontario, u tn EngUaC It U the cnstom to eJte Statutes, not as o' the year 
 Wotfrt D"5S"bnt as of the year of the reign of the regnant "o""'* "S'^?.'''!^ J^rS 
 paiwed. A T«ry convenient practice •■ • however sprung up of preflxlng the jear ol 
 oar Lord. 
 
 35 
 
38 
 
 But, April 30, 1785, an Ordinance was made by the 
 Lientenant (Jovernor, Henry Hamilton*, being Ordinance of 
 25 George HI, c. 4; this by Article 1 enacted that thenceforth 
 no one should be conmiissioned, appointed or permitted to 
 practice as a barrister, advocate, solicitor, attorney or proctor 
 at law who had not served during the space of five years under 
 a contract in writing with some advocate or attorney duly 
 admitted and practicing in the Courts in the Province or else- 
 where in His Majesty's Dominions or for six years with some 
 clerk or register of a Court of Common Pleas or Court of 
 Appeals in the Province, with a proviso in favour of those 
 called to the Bar or admitted to practice as an advocate or 
 attorney elsewhere in the Empire. The candidate must also 
 have been examined by some of the first and most able 
 barristers advocates or attorneys in the presence of the Chief 
 Justice of the Province or two or more Judges of the Courts 
 of Common Pleas, and be certified by the Chief Justice or the 
 Judges as of fit capacity and character to be admitted to 
 practice law. 
 
 Article 2 makes a similar provision for a notary to serve 
 five years with a notary, and to be examined by some of the 
 eldest notaries in the presence of the Chief Justice of the 
 Province or two or more judges of the Court of Common 
 Pleas of the District wherein he served his clerkship, and to 
 be approved by him or them. 
 
 Article 6 provides that thenceforth barristers, advocates, 
 solicitors, attorneys or proctors at law, and also land sur- 
 veyors, should not practice as notaries ; that no notary is to 
 act as land surveyor or barrister, etc.; "that these several 
 occupations of practising the law in His Majesty's Courts 
 in this Province • • • and of notary and of land sur- 
 veyor shall be held and exercised separately and by different 
 
 •Bunllton nnt appear* In tbe Hlitorr of thU Continent aa Oorernpr of Detroit 
 In 1111. The followlns rear be captured vlneeoBe* wboie commander Helm waa tekea 
 prlaoner with a amial force of defendera. The well-known George Bofera Clark 
 ahortlT afterward* beateged tbe fort; and Hamilton waa In hi* torn forced to mir- 
 render. He waa treated by Clark with much barbarity, and on JeSeraon'* order waa 
 aent handcuffed to WUIIamabniK where hi* treatment waa atlU wor*e. Probably aa 
 an effect of a letter from OoTemor Haldlmand to Waahington, Hamilton waa puolad; 
 and h* got to England In 1781. He waa made Lientenant OoTcmor of Quebec la 
 1784, fllllng that poaltlon a little leaa than a year. He wa* a man of no great capacity 
 and but little Judgment, although perfectly honeat and aincerely dealrou* of doing hla 
 duty. It la probable tiat the ordGanee et April 80, 178S, waa dn* to tbe iaflueno* 
 of the Britlab newcomera in th* ProTlaec. 
 
 /^ 
 
37 
 
 persons to the end and purpose that the functions and duties 
 of the one may not interfere with the other." All practi- 
 tioners were given twelve months to elect which branch of the 
 profession they would follow". 
 
 A strong protest was made against this ordinance by some 
 of the French-Canadian practitioners, but in vain. The dis- 
 tinction between the practitioner in the Courts and the notary 
 still obtains in the present Province of Quebec. 
 
 In 1788 four Courts of Common Pleas were established in 
 the territory afterwards the Province of Upper Canada, but 
 then part of the Province of Quebec, one for each district; 
 they were, of course, under the same law and practice. 
 
 In 1791 was passed the Act 31 George III, c. 31, commonly 
 called the Canada Act or Constitutional Act, which divided 
 the vast territory of the Province of Quebec into two prov- 
 inces, the western being called Upper Canada and the eastern 
 Lower Canada, each with its own Parliament and Lieutenant 
 Governor. 
 
 The first Act of the first Parliament of Upper Canada 
 (1792) 32 George 3, c. 1 (U. C.) was to introduce the English 
 Civil Law ; but no change was then made in the constitution 
 of the profession. There were not many in the Province skilled 
 in the English Law ; and, accordingly in 178^ was passed an 
 Act, 34 George III, c. 4 (U. C.) which authorized the Governor 
 to grant a license to any number not exceeding sixteen British 
 subjects to practice as attomies and advocates. This may 
 have been, and probably was, due to the institution of the 
 Court of King's Bench for the Province by the same Statute. 
 The Act suspended for two years the operation within Upper 
 Canada of the Ordinance of 1785.* During all this time and 
 until the coming into force of the Act next to be mentioned, all 
 practitioners were called "to the degree of an Advocate and to 
 that of an Attorney. ' ' The original roll of the Court of King 's 
 
 •Tbe Ordinance 1* printed In full In both English and French In the Tolume ot 
 "Ordinances • • • the Province of Quebec," 1TT7 (In the Judges' Library at 
 Oagoode Hall ) pp. 87-68. 
 
 <Those who so received a license wrre In effect glyen a monopoly of the practice as 
 they only could charge for their services ; and the list Included most It not all ot the 
 lawyers and some otEers. 
 
38 
 
 Bench, still extant, sets out the oath to be taken by the 
 applicant and the "degree" conferred. 
 
 The Act of 1797, 37 George III, c. 13, (U.C.),wasthe begin- 
 ning of our present system. That Act, passed on the 3rd of 
 July, 1797, provided that it should be lawful for the persons 
 now adndtted to practice law, and pruftising at the Bar in the 
 Province, to form themselves into a society to be called the 
 Law Society of Upper Canada, "as well as for the establish- 
 ment of order amongst themselves, as for the purpose of 
 securing to the Province and the profession a learned and 
 honorable body", to assist their fellow subjects as occasion 
 may require, and to support and maintain the Constitution of 
 the said Province." The Society was authorized to frame 
 Rules and Eegulations (under inspection of the Judges of 
 the Province as Visitors of the Society) for its own govern- 
 ment; to appoint the six senior members or more, for the 
 time being, and from time to time as Governors or Benchers 
 (of whom the Attorney General and Solicitor General for the 
 time being were to be two), and also to ippoint a Librarian 
 and a Treasurer. 
 
 They were to meet in Newark (Niagara-on-the-Lake) on 
 July 17, 1797, to frame such Rules and Regulations. 
 
 Each person practicing at the Bar was allowed to take one 
 clerk for the purpose of instructing him in the knowledge of 
 the laws. 
 
 Except those who were practitioners at the time of the 
 passing of the Act, no one should be permitted to prac- 
 tice at the Bar, unless he had been entered of and admitted into 
 the Society as a Student of the Laws, and had remained on the 
 Books of the Society for five years, conformed to all its Rules 
 and Regulations and been duly called and admitted as a 
 Barrister according to the Constitutions and establishment of 
 the Society. Proviso in favor of those who had practised at 
 the Bar elsewhere in His Majesty's dominions, and the time 
 actually served under articles before the passing ol the Act 
 should count as part of the five years, pro tanto. 
 
 •In view of the adoption by all Oovermental departments and mo»t Uterair Can- 
 adians of the "English" spelling of such words as "honour", etc.. It Is not without 
 fnterest to note thit In the printed coplea of the Statute this word li ipelled without 
 the "u." 
 
89 
 
 One might become and act "merely as an Attorney or 
 SoUcitor" after due service for five years under articles to an 
 attorney and "standing in the books of the Society" for three 
 
 ^^TMs Statute for the first time in our Province established 
 the distinction between Barrister and Attorney, and since it 
 came into effect no one (with an exception shortly to be noted), 
 who had not been called to the Bar by and received the degree 
 of Barrister-at-Law from the Law Society of Upper Canada, 
 has ever been heard by the Courts of the Province. The 
 Courts have no power to permit any other to be heard. There 
 is no international or interprovincial comity or courtesy per- 
 mitting such a course. 
 
 Here at the beginning of the Society is found a marked dif- 
 ference between it and the Inns of Court in London. They 
 have no concern with attorneys (or soUcitors), every attorney 
 or solicitor must in Upper Canada have been on the books 
 of the Society for three years, (we shall have occasion later to 
 notice the important change made in 1822 by the Statute 2 
 Geo.4,c.5U.C). , . ^ „ • 
 
 Before discussing the functions of the Society, I shaU give 
 a brief record of its history to the present time. 
 
 Ten practitioners met at Wilson's Hotel, Newark, on July 
 17, 1797, and organized the Law Society of Upper Canada; 
 and upon that day conferred the degree of Barrister at Law 
 upon aU the practitioners who appUed therefor (including 
 themselves). One other (William Weekes) applied two years 
 after (in 1799), and received the degree; the remaining four 
 never applied for and never received it. These four con- 
 stitute the sole exception to the rule that no one could since 
 1797 address our Courts except those caUed by the Society. 
 
 The Statute did not make the Society a corporation; but 
 it was a mere association of gentlemen with well-defined 
 functions. The absence of incorporation became a drawback, 
 and in 1822 the Act 2 George IV, c. 5 (U. C.) declared "the 
 Treasurer and Benchers of the Law Society for the time heint? 
 and their successors * * * to be one body corporate and 
 politic." 
 
40 
 
 This led to some diflScnlty, which, however, was got over by 
 the Besolution of the BencJiers in Convocation in June, 1831, 
 Trinity Term, 1 and 2 Wm. IV, that all Barristers and 
 Stndents-at-L&w entered in the Books of the Society were 
 still members of the Law Society of Upper Canada, thoagh 
 not members of the Corporation of the Law Society of Upper 
 Canada; rnd this state of affairs still continues; the Treas- 
 urer and Benchers alone are the Corporation, but all students 
 and barristers duly entered are members of the Society. 
 
 The Government of the Society was by the original Act 
 to be by Benchers or Governors appointed by the Society, 
 the six senior members or more for the time being, of whom 
 the Attorney General and Solicitor General were to be two. 
 At its first meeting the members present appointed the Attor- 
 ney General and Solicitor General and the four senior 
 barristers as Benchers. At a subsequent meeting November 
 9, 1799, all the existing barristers were appointed Benchers. 
 Thereafter for a time the practice was followed of tho exist- 
 ing Benchers t'ppointing a member of the Society from time 
 to time as a Bencher, bis appointment being conmiunicated 
 to him by the Treasurer. No Statute, Eule or Besolution can 
 be found bathorizing this method of election, but no com- 
 plaint seems ever to have been made of the Benchers taking 
 this power out of the hands oi the Society, who alone could 
 appoint under the Act of 1797. Of course each new Attorney 
 General and Solicitor General was, according to the Statute, 
 appointed forthwith after receiving his Patent. 
 
 This self-perpetuating system was put an end to in 1871 
 by the Ontario Act 34 Vic. c. 15, which instituted a bench of 
 thirty Benchers to be elected by ballot by all the Barristers 
 on the Roll, and also of ex officio Benchers, the Attorney 
 General of the Province and all ex-Attorneys General and 
 ex-Solicitors General (there is now no Solicitor General of 
 the Province), and all retired Judges of the Superior Courts 
 The elected members hold oflSce for five years, when there is 
 a new election. 
 
 A natural effect oi cuis was that the older and better known 
 Barristers were elected term after term, and there was little 
 
 ~-^ : v ' -K--^«"rry*^ ■ -jfejnm ggg 
 
41 
 
 chance of a youug man obtain ,' the V^ ^^^'^ ^^^^"''f^';- ] 
 avoid this, it ..as in 1910 enaci.J by 10 Edw. VII. c. 76 (On , 
 that all those who had been elected at four qu»nq«e™ml elec- 
 tions should be ex-officio Benchers, thus leavmg th. field opet^ 
 for the younger met". (It had a few years before by (190C), 6.? 
 Vic. c. 20, 8. 1, been provided that every one who had for seven 
 consecUive years held the office of Treasurer of the Society 
 sho'Tld be an ex-officio Bencher.) 
 
 The original Act had authorized the Society to appoint a 
 Treasurer. This position did not mean even then simply one 
 who cared for the funds of the Society, but one who was the 
 Head of the Society, Presilert and Chairman This was an 
 adoption of the terminology of the English Inns of Court . 
 lie Society at the first meeting resolvad that "the Benchers 
 according to seniority take upon themselves the TreJ-ourer- 
 ship of the said Society annually." We find no close adher- 
 ence to this rule. The Attorney General was the first Treas- 
 urrA and for one year only; then the Solicitor General for 
 tLree: a prominent member of the bar for four; then the new 
 Attornev General for one year; the new Solicitor Gem^ral 
 for five years ; another prominent member of the bar tor r 
 years; the next Attorney General for four, and his succ ^r 
 for one. Then July 8, 1819, was passed a rule that the 
 Treasurer should be chosen annually in Michaelmas Torm by 
 the majority of the votes of the members then present July 
 2, 1831, the date was ahanged to Hilary Term, and September 
 1, 1859, back to Michaehnas. 
 The Statute of 1871, which made Benchers elective, fixed 
 
 .8ce for example Herbert's AntlquItleB <>' t^' I"," °L^^"ce* "* ."""h1' uS% 
 
 i-„p^£ i-«i x^eYf /v'««" - °--- "' '*• ~°'="- ^' 
 
 «4mlt8 gentlemen into t??. °o<='**I' * ,;, j-hn vr, ^e was an EnglUh Barrister, prob- 
 
 witnesses and an lo?!*?. 'iK«vPd by the Qoveriment schooner Speedy to the assise 
 pSlMula), and 7"J%5!JS^Jf/)' Vr' trtal T""" sprang up. and the vessel wa. 
 B\'?t^'SS'^r.'^^T'^^i^lT-^^^°^^ to hi. blacu servant 
 
 "* It is interesting ^,"£i!j?»it^the bat"'""^'*^''''" " •-.^"*i''' •°""" •"" 
 it°.S^lv';.l''?U.lSnr'JSri'S.Vor.ff%£o"have been slave. In Canada. 
 
42 
 
 the date for election of Tre, urer; the fi'-st term after the 
 election of the new Bench and in Easter Term of each year. 
 This still is the rule. 
 
 So much for the Law Society itself ; we sbuli now consider its 
 dealings with the Bar. 
 
 The first Rule of the Society appointed Benchers ; the second 
 was that every member of the Society should enter into 
 a bond with the Treasurer to pay the sum of £5 (=$20) 
 annually so long as he should continue a member of the 
 Society*. In 1831 this y^ as reduced to 11-8 (=$2.33) per term, 
 or $9.33 per annum, payable on or before the last day of every 
 term in each year; and in 1833 to 2-6 (=$0.50) per term or 
 $2.00 per annum, payable on or before the first day of 
 Michaelmas term, i. e., the third Monday in November. This 
 rule is still in force for Barristers ; solicitors now pay $15 per 
 annum. The third rile of 1797 was that every student in his 
 fi imission to the Society should pay the sum of £10 (=$40) 
 and ihe further sum of £20 (=$80) when called to the Bar, 
 and enter into a bond to pay annually £5 (=$20). The annual 
 payment was reduced after call as we have seen in 1831 and 
 1833. Whether the fee of £5 annually exacted by Rule 2 of 
 1797 was exacted of the student as a member of the Law 
 Society before his call, does not very clearly appear®. 
 
 The statutory title of the student admitted on the books 
 of the Society was " Student-of-the-Laws ; " this included both 
 those proceeding to the degree of Barrister-at-Law and those 
 intending to become an attorney — technically the former were 
 Students-at-I^aw, the latter Articled Clerks (the distinction is 
 not always observed). To become a Barrister there was no 
 necessity to serve under articles; to become an Atto.ney it 
 required five years actual service under articles. 
 
 From the very beginning in by far the greater number of 
 cases, an applicant for admission upon the Books of the 
 Society was under articles at the time. Nearly every student 
 became both Barrister and Attorney, but from the first, as 
 
 .r« mlmN^ oAhV sScTt"'" ""' "' •*'""°*' *"" ""°"*«* "" "" ^^ '"" «"« 
 
 •January 11. J808, a rule was paaaed rescinding prevloas rule* a< to te«i and re- 
 quiring every member lo pay £5 (*20) ; every atudent upon admlnlon to the ^iS 
 of the Society £S, and the same sum upon being called to the Bar. ""vsp 
 

 48 
 
 now, there were a very few who became Attorneys or 
 Barristers, but not both. 
 
 There was at first no entrance examination; but he mem- 
 ber proposing a student (-ereraUy his master) would certify 
 tSat'thTappUcant was in his opinion qualified by education 
 pSflcipIes and habits of life to become a member of the Law 
 
 ^''lUsOS 'HUary Term, 58 Geo. 3), a ule was passed that no 
 person shoald he admitted a member unless he should declare 
 to the Society u,.on his honor that his apphcaUon was to 
 enable h^o b;come a resident practitioner, but does no 
 seen to have received the sanction of the Judges. No trace of 
 uch ^declaration appears in the early Summary of Prov - 
 sLs relating to admission of members, m tVe Form of Peti- 
 tion prescribed or in the minutes of the Law Society. Up to 
 1803, the applicant was in practice proposed and admitted at 
 Ihe ame meeting; 'Jiereafter the proposer was required o 
 give a term's notice of his intention to present the candidate . 
 Applicants must -till have their names posted conspicuously 
 for thirty days by the S-^cretary of the Society, ana if no 
 objection be taken they are entered as of the term in which 
 tiieir application was made. Curiously enough much the sme 
 practice was folic- .d in the case of three applicants m Laster 
 Term, 56 Geo. 3, :a6. 
 
 In 18'>0 Hilary Term, 60 Geo. 3, a rule was passed that alter 
 that tern all applicants for admission should be required m 
 presence of the Benchers to give a written translation of a 
 portion of Cicero's Orations or perform such other exercise 
 as might satisfy the Society of their acquaintance with Latin 
 and English composition, "and that no person who cannot 
 
 ;^F^SrTnder.on was the laBt to^be pr^s^tea u^der the „w ^^^^^^ 
 
 41. GeS 3, 13 April 1801. „Jo'"'H,f »/_^'l?;'^ "43 Teo 3. mh Ap?ll 1803. Mocdonell 
 Canada, the 1"' ""*" "l.?^^!' in"he camp^lRn of 1812 and was fatally wo joded at 
 
44 
 
 give these proofs of a liberal education shall hereafter be 
 admitted upon their books."" 
 
 In 1821, a voluntary association called the Advocate Society 
 was formed in York (Toronto) by students-at-law for discus- 
 sions, moot courts, etc, but it lasted only a very short time, 
 going the way of all such voluntary organizations'*. 
 
 In 1825 (July Ist of Trinity Term, 6 Geo. 4), the Law 
 Society took a further step, and required all canidates for 
 admission on its books to exhibit in his examination "a gen- 
 eral knowledge of English, Grecian and Boman History, a 
 becomirsr acquaintance with one of the ancient Boman poets, 
 as Virgil, Horace or Juvenal, and the lik^ acquaintance with 
 some of the celebrated prose works of the ancients such as 
 
 "It li at leait Intereatlng to note that In examination of a candidate to practle* 
 medicine for long after tbU time, tbe practice aeema to bare been to examine In 
 Latin first — a sort of matriculation examination — and to proceed with tbe orofet- 
 sipnal •ubjects only If tbe candidate exhibited aome familiarity wltb that lancnage. 
 We find the Board of Toronto writing tbe alater Boards In Montreal and Quebec In 
 April 1847 : 
 
 "The coarse this Board pursues In tbe examination of candidates Is as follows- 
 1st. Some acquaintance with tbe Latin language Is required. With this Tlew, 
 If the candidate cannot construe some paragrapha of Gregory's Conspectus, a portion 
 of tbe Pharmacopoeia Londlnensls or a Latin written prescription is substituted: 
 In the event of a total failure In these, the professional examination la not proe*ede<5 
 in. If the Latin examination Is satlsfsctory, then follow," professional subjects. 
 
 It may seem anomalous to begin a professional examination wltb an enquiry Into 
 the knowledge of Latin possessed by the candidate ; but It must he borne In mind 
 that In those days everyone of education had some knowledge of Latin — and an Ig- 
 norance of that language indicated if It did not absolutely prove a lack of general 
 culture. 
 
 „ "Examlnatin for License to Practice Sixty Yeart ago" by Hon. Mr. Justice Bid- 
 dell, Canada La.,cet. .June 1913. 
 
 After this ru!e of 1820 the entries In tbe Law Society's Books read, "the Society 
 being satisfied of his qualifications do admit him on tbe Books accordingly" 
 
 The last to be entered without examination was John Muirbead, and the first to 
 be entered after examination was Marcus F. Whitehead, Nos. 82 and 86 on tbe Common 
 Boll, (not tbe Barristers' Roll). 
 
 "The books containing the proceedings of i..s Society are still extant and are 
 safely kept at Osgoode Hall. 
 
 There had been a "Junior Advocates Society" which, April 2, 1822, resolved Itself 
 Into the "Advocate Society" composed of Members of the Law Society only, each 
 
 Saying every Term Ss, 9d (tot). Increased later to Bs. In discussing questions the 
 tules of the House of Commons were to be observed, all students at Law might at- 
 tend below the Bar without Introduction ; every member of the Society might "ex- 
 firess bis sentiments freely. Tbe elected Protbonotary was required every term to 
 nspect the Rule Book of the King's Bench and enter ever new Rule In the Rule 
 Book of tbe Society. Tbe Society bad a Great Seal and a ... 
 
 The first meeting was in April 2, 1821 at which several 
 of whom afterwards became very well known at the Bar. 
 corded waa June 20, 1826. 
 
 From tbe first, the Society was often forced to adjourn Its meetings for want at 
 a quorum. I have not found any meeting at which more than nine members war* 
 preaent. 
 
 It met until February 1822 In the ofllce of the Solicitor General Henry John 
 Boulton, son of Mr. Justice Boulton, afterwards Chief Justice of Newfoundland ■ and 
 tfterwarda the meetings were held In the York Court House. 
 
 The qualification that to become a member tbe applicant must be a member of 
 the Law Society was occaalonally relaxed In favour of an Articled Clerk who bad not 
 yet been able to pass tbe preliminary examinations before the Benchers of the L«w 
 Society. While It has been said more than once that the Society was composed of 
 Barristers and 8tudents-at-uiw I find that only one Barrister waa admitted. 
 
 It appears from the Minutes that the Studenta at Law at Kingston fonded ■ 
 •Imllar Society In 1822, and also that there were members of tbe Society itself re- 
 siding In many parts of tbe Province, e. g. Khigston, Port Hope, Hallowell (Plcton) 
 It seems to have gone to pieces when Bobert Baldwin waa called to tbe Bar. 
 
 per thereof. 
 
 udents attended, soma 
 
 Tbe laat meeting re- 
 
 
SaUust or Cicero De Offidis as well as las orations 
 Md it is also expected that the student will also show the 
 Scie^ that he has had some reasonable proportion of 
 mathematical instruction." This rule was never approved by 
 X jX "^d never acted upon; it was formaUy placed m 
 S^yance January 6, 1827. From the written mmutes of the 
 iSte Socie^ already mentioned it appears that it was 
 by no means an uncommon practice for a student to artide 
 tonself before he was able to pass the ««°'^"**^°" '/^^ ^^'J^' 
 ^e to pass the examination within two years of entering 
 articles he did not lose time as an attorney, as it was neces- 
 BM^ to be five yetrs mider articles but only three years on he 
 JSs of the Society, to be admitted attorney Even the 
 necessity of being three years on the books was taken away. 
 
 as we shall see. in 1822. „ . ^ xv,„ ^«q„«» 
 
 No supervision was had by the Law Society over the educa 
 tion of the student. If a student at law, he attended the 
 hlws of some barristor; if an articled clerk he served m 
 the office of an attorney, his master. At the !f ^ <)J ^ve yea« 
 the budding Barrister produ-Uo the Law Society a certifi- 
 cate of the Barrister in who. ^Jiambers he had studied that 
 he had so studied for five years, and was called to the Bar by 
 the Society, receiving the degree of ?*"^«*f "'^Vv ,, Jh„ 
 the mere Articled Clerk the Law Society had nothing further 
 to do than admit him on its books, thereby making him a 
 member of the Society, and to certify at the proper time hat 
 he had been on its books for three years. The Arti^^ed Clerk 
 appeared before the Court of King's Bench produced au 
 affidavit by himself of service and a cert^cate from his 
 master, and was admitted by the Court as an Attorney-a -Law^ 
 The Barrister continued to pay to the funds of the Law 
 Society, the Attorney did not. ^ ,„ r^ ^ v i. w 
 
 Then came the Act of 1822. 2 Geo. 4, c. 5 (U C.) ^hich by 
 section 3 rendered it unnecessary for any Articled Clerk to bo 
 entered on the books of the Law Society; so that even the 
 slight control over Attorneys which the Society had by reason 
 of its preliminary examinations ceased. Members of the Law 
 Society thereafter were Barristers and Students-at-Law only. 
 
46 
 
 In 1828 (Hilaiy Term, 8 Geo. 4, c. 1), a mle was passed that 
 all studenta to be thereafter entered on the books of the 
 Society should keep four terms at York (Toronto) during 
 their five years entry". At this time the Benchers were con- 
 sidering a scheme for the erection of a building for their meet- 
 ings. Theretofore they had met in various places, Wilson's 
 Hotel, the Treasurer's Office, the Parliamentary Library, the 
 Court House, etc. In 1820 (Michaelmas Term), 1 Geo. 4, they 
 decided to expend £500 (=$2,000) in "erecting a building for 
 their use to be called 'Osgoode Hall"*. They already had a 
 plot of land, but were not satisfied with it, and were negotiat- 
 ing for another site. May, 1828, they bought the present site 
 from the Attorney General, John B. Bobinson, for £1,000 
 (=$4,000), and proceeded, the next year, to erect what is now 
 the East Wing of Osgoode Hall, having determined to spend 
 about £3,000 (=$12,000) for that purpose. 
 
 The Hall was to contain not onlv a convocation room, etc. 
 for the Benchers, but also rooms for the Court of King's 
 Bench and bed rooms, dining room, etc. for Barristers and 
 Stndents-at-Law. Students were expected to keep their terms 
 in the hall about to be built. It was finished in 1832. The 
 first meeting of the Benchers in it was held Thursday, Feb- 
 
 >*This rule was In great meunre due to Dr. Wllllim Warren Baldwin for that 
 and several otber years. He w«s ao Irisbman from near Cork, and bad graduated In 
 medicine from Edinburgh UnlTeralty. He practised for a time In his native land but 
 toward the end of the IStb century emigrated wltb bis father to Upper Canada in 
 consequence of the troublous times of the Rebellion of 1798. He settled In Durban coun- 
 try (near what Is now BowmansTlUe), and for a short time practiced medklna there. 
 He then came to Toi snto and unsuccessfully tried school teaching. He received a 
 license to pratlse law li; 1803 from the Hon. Peter Hunter, the Lieut-GoTemor, under the 
 Act of that year, and was called to the Bar Easter Term 43 Geo. 3. He became a 
 very active practitioner. Bencher in 1807 and Treasurer 1811-1814 : 1824-1828. He 
 was the father of the well-known statesman, Robert Baldwin. It was in great 
 measure due to his efforts that Osgoode Hall was built. 
 
 ><Oalled after William OsKoode the flrst Chief Justice of Upper Canada. On* 
 historian make him nn illegitimate son of George III, and certainly be was pertona 
 grata with that King. After being Cbief Justice of this Province 1702-1794, he 
 became Chief Justice of Lower Canada 1704-1801. He then returned to England 
 where he died In 1824, aged 70. He left no mark on our jurisprudence. 
 
 This building, erected under the eye of Dr. William Warren Baldwin, was what 
 la now the East Wing, "a plain matter-of-fact wbite btick building two and a half 
 stories bigh." The west wing of similar character was be|)nin In 1844 and finished in 
 1846, and at the same time the two buildings were connected by a building sur- 
 mounted by a dome. In 1857-60 the whole was renovated, the wings faced with cut 
 stone, the central building replaced by another faced in the same way but witbout a 
 dome. The central building accommodated the Library and the Courts of Queen's 
 Bench and Common Pleas : the West Wing the Court of Chancery. Part of the East 
 Wing still remains the property of the Law Society, the Law School being built to 
 the rear, Tbe remainder of the building is now the property of the province by deeds 
 of July 1, 1874 and November 26, 1880. 
 
 Tbe East Wing was somewhat changed Interiorly about 20 yean ago, and 
 the Government of the Pr. vine has within tbe last few years made some addi- 
 tions and changes in the way of Court Rooms, Judges' Chamlwrs, etc. 
 
 Those acquainted with modem Toronto may be interested to know that Osgood* 
 Hall was beyond tbe then existing limits of the Town of York. 
 
 .-^..-^..^-^^-^M^ 
 
47 
 
 mary 6th of that year (Hilary Term, 2 Wm. 4), and all meet. 
 iniTB since that time have been held there. 
 T trdins committee called^'TheCommitteeofCEconomy 
 was formed February, 1833 (Hilary Term, 3 Wm. 4 , and 
 Tharged with "the government, management, and control of 
 the Lonomical household and domestic arrangements of 
 Osgoode Hall," and their regulations are still extant f ,«.ng 
 Sle arrangements made for the accommodation with 
 "oms bed and board (including wine for the Banisters only • 
 The hkll was much used by Barristers from out of town dur- 
 ing term time when they came up on motions before the Court, 
 
 and more by students. < j o ttr^, 
 
 "^rthe meantime, July 2, 1831 (Trinity term. 1 and 2 W 
 2). Convocation took away the necessity o\\'''l'^'l^\^'Z 
 h 8 master of the fitness of the candidate and for the first tune 
 tn exam^nat on was ordered of all applying for admission to 
 the^oks of the Society, which was to be "upon ful' and s net 
 exa^nation in open convocation by the Benchers present" as 
 r"ab t^r^^^^^^^^ and education." The J-stio"s on the 
 Tubjects prescribed in 1820 were put th^o'^f ^^^ T'^r/^' 
 or such of the Benchers as might be appointed. A candidate 
 L can to the bar was examined in like manner. At U^^am 
 time a somewhat curious provision was made that all mem 
 bers of the Society who had not taken a degree m it, (i. e all 
 Students-at-Law), should be formed into classes under the 
 Sdency of a Barrister for the reading of essays, dispute- 
 fion of Snts of law either in the shape of cases or of ques- 
 tions discussion of questions of general, constitutional and 
 tions, ais*3ussioii i ^ , :„ations on standard authors, 
 
 t^'^^TLl^.tt et at least eight times per year, 
 
 ^a^d fr-eporToft^^^ee .s was to .^e -t \o Jhe^^^^^^^^ 
 nf fhP Law Society. Th s made a kind of btudents oocieij 
 anf wa^ perC intended to fill the place of the Advocate 
 
 'ttunTlslTiJTTrinity Term, 2 and 3 Wm. 4), a class to be 
 caSd "The Trinity Class of Students of the Lav Society of 
 Upper Canada, "was formed to meet at Osgoode Hall with 
 much the same objects in view." 
 In November of the same year (Michaelmas Term, 3 Wm. 
 
48 
 
 i), the BtudentB on their examination for admission were 
 divided into three classes, Junior Class, Senior Class and 
 Optimes. The Junior Class to be examined in the English 
 and Latin languages, in mathematics and geography or his- 
 tory; the senior class in the English and Liitin lanmages, 
 geometry, algebra, moral philosophy, or the Greek language, 
 astronomy and history; the optimes in the English, Latin and 
 Greek languages, in goemetry, algebra, moral philosophy, 
 metaphysics, rhetoric and the Belles Lettres, geography, 
 astronony and history. No advantage was derived from the 
 higher standing except that the grade was stated in the certi- 
 ficate of admission granted to the successful student. 
 
 The examination for caU was "simUar to that passed on 
 admission and moreover • • • in the principles of the 
 Law of England, in the science of special pleading, the law 
 of evidence, the law relating to trials at Nisi Prius and the 
 practice of the courts." 
 
 All this was of consequence in the case of Barristers, but 
 Attorneys continued for some time to be admitted as before. 
 As has been mentioned, the section of the Act of 1797 in 
 which three yeara on the books of the Society were required, 
 was repealed in 1822 by 2 Geo. 4, c. 5, s. 3, so that thereafter 
 the I^w Society had no control over Articled Clerks as such. 
 Of course by far the greater number of Articled Clerks were 
 also Students-at-Law, and the Society had control over them 
 in that capacity; but no examination could be prescribed for 
 admission as attorney; that was for the Courts— and the 
 Courts prescribed none. 
 
 While the Law Society made no arrangements for the 
 education of students, it should be mentioned that the scheme 
 for a Provincial University submitted to the Governor in 1826 
 provided for a Professor of Law and a course in Civil and 
 Public Law. King's College was opened in 1843, and had on 
 iU staff a Professor of Law. In 1850 the coUege became the 
 University of Toronto, and the lectures in law continued till. 
 1853, when the chair was abolished". The other universities 
 
 
 lancellor) Ettea. Or 
 
 •ttenrarte 
 'it. Dnr- 
 
 '; — ^^™w».^» ^H«c» wH«ht«^y i^iuiFvr. sod Ifr. 
 
 Blake retlfntns In 1848, he wai niccMdad 
 
 Se^QaWi^^"""*'""^'?'^''*- <^- °-' w«i^"w" S?ui?W;rt.Tto WOi" iSSSTS 
 
48 
 
 had and have Facultie. of Law, but, a. in the present syBtera 
 • ♦h« U^vemty of Toronto the lectures are of an academic 
 "atte. Suuul^ Uw. Federal Law. Roman Law and 
 
 ^^S'lectures were of little use to teach a lawyer his busi- 
 Js and the want of any safeguar.. against a ^^-^J^^^^^J^^; 
 Utler being ignorant of his profession was a -* «r of on. 
 mnn concern. As a legal writer p-ys a little later (I800), 1 
 
 ''"^E^stik^a^s^V^^^^^^^^ guarantee of fitness A young 
 man whose only qualification for enteving the study of the 
 C is aX to read and write, may be articled to an Attornej-^ 
 sp^nd five years copying and serving p. < .rs or idly kicking 
 his heels against the office desk, or in doing the dirty work o 
 a disreputable practitioner. At the end of that tune, armed 
 tith a certificate of service, he claims to be sworn in as an 
 !tto™ey of Her Majesty's Court, and is sworn in accordingly. 
 H ma/lmow nothi:. whatever of professional duties may in 
 fact be grossly illiterate and deficient in every requiremen 
 ha woSd enable him to act with safety and advantage for 
 a c lent- and yet the law entitles him, simply on proof of 
 enSe i Jrticles, to the certificate enabl^^jg the holder to 
 undertake the most important duties of an Attorney^ 
 
 \n editorial in the foUowinfj year, 18.)6, 2 Can. L. J., u. »., 
 at1> 50, aXr pointing out the precaution taken to -cure -a 
 learned Bar by an examination, preliminary and final, pro- 
 ceeds- ''The Attorney is subject to no examination what^ 
 ever preliminary or final. The Barrister must have proved 
 his fitness, the fitness of the attorney is presumed. 
 
 The Le^slature at length gave the L- S-iety ^^^^^^^^ 
 over Attorneys as well as Barristers. In 1857, the Vet -0 \ ic 
 resS) required the Law Society, before any porson 
 should be admitted as an attorney or Solicitor (tj- -vt of 
 Crncery had been instituted in 1837 and ^or^z^^^nm^^ 
 
 and practitioners of that Court ^^^''^f';^'^^^:^^. 
 tne Common Law Courts were styled Sohoitois rac 
 ticallv all Attorneys were Solicitors and vice versa), to ex 
 amine and enquire bv such ways and means as they should 
 S proper tLching the fitness and capacity of such person 
 
 •«rs; 
 
 :'^lJ^-i':• 
 
50 
 
 to act as an Attorney or Solicitor;" and then and not otherwise 
 the Judges might, on production of the Law Society's Certifi- 
 cate of fitness, admit the candidate as an Attorney and Solic- 
 itor ; and this still is the law. 
 
 No Court can hear a Barrister who has not been called by 
 the Society. No Court can admit a Solicitor without the certi- 
 ficate of the Society. The Society is the sole judge of the 
 fitness and capacity of either, and the legal profession is 
 master in its own house. 
 
 The Statute of 1857 required Articles of Clerkship to be 
 filed in the office of the Clerk of the Crown and Pleas within 
 three months of their execution; this prevented post-dating 
 and fraud. Every Articled Clerk was required to attend the 
 sittings of the Courts at Osgoode Hall during at least two 
 terms under rules to be laid down by the Law Society^*. 
 
 In August, 1859 (Tr.nity Term, 23 Vic), the rules were 
 recast. Students-at-Law on their admission were classed: 
 1 — University Class; 2 — Senior Class and 3 — Junior Class. 
 The first class were graduates of a British University and 
 were examined on one or more of the following books: 
 Homer's Iliad, Book 1; Lucian, Charon, Life or Dream of 
 Lucian and Timon; Horace, Odes; Mathematics, Euclid, Bb. 
 1, 2, 3, 4, and 6, or Legendre's Geometrie, Bb. 1, 2, 3 and 4, 
 Hind's Algebra; Metaphysics, Walker's or Whately's Logic, 
 and Locke on the Human Understanding; Herschell's 
 Astronomy; Ancient and Modem History. For the Senior 
 Class the books and subjects named for the University Class. 
 For the Junior Class, Horace, Odes, Bb. 1 and 3 ; Mathematics, 
 Euclid, Bb. 1, 2 and 3, or Legendre's Goemetrie by Davies, 
 Bb. 1 and 3, with problems. 
 
 An applicant who, having his degree, passed the examina- 
 tion for the University Class could be called in three years 
 instead of five. If he failed, unless rejected in toto, he 
 dropped into the Junior Class as was the case with an appli- 
 cant for the senior class. There was no other than sentimental 
 advantage in passing for the senior rather than the junior 
 
 I'Thls legislation, much needed and very valuable, was due in great measure to 
 Bon Robert Baldwin, Treasurer, 1847 and 1850-1858. 
 
51 
 
 class ; the time was not shortened for a member of the senior 
 clais". 
 
 Education was now provided for all those proposing to 
 become Barristers. Every Student-at-Law was obliged to 
 attend for four terms all the lectures given by the lecturers of 
 the Society, two in number, in Law and Equity respectively **, 
 who were also examiners for call. 
 
 On the examination for call, there were two classes, "Call" 
 simply, and "Call with Honors." The former was examined 
 on Blackstone's Commentaries, Bk. 1, Addison on Contracts, 
 Smith's Mercantile Law, Williams on Beal Property, Story's 
 Equity Jurisprudence, Stephen on Pleading, Taylor on Evi- 
 dence, Byles on Bills, Public Statutes relating to Upper 
 Canada, Pleadings and other books and subjects as the 
 Benchers or Examiners might prescribe*®. 
 
 By this time the use of Osgoode Hall as a boarding house 
 had come to an end, but still Articled Clerks were obliged 
 by Statute to keep two terms. They did not take the lectures 
 as Articled Clerks, but as Students-at-Law if they were such, 
 just as Students-at-Law as such were no longer required to 
 keep terms as such, but if Articled Clerks they must keep two 
 terms as Articled Clerks. The Student-at-Law passed a 
 preliminary examination, the Articled Clerk did not. 
 In the first Parliament of the Province of Ontario^", by 
 Statute (1868), 31 Vic. 23, it was provided that an Attorney 
 or Solicitor must during the year next but two before his final 
 examination pass an examination to the satisfaction of the 
 
 I'AppllcantB were examined tn the presence of a standing committee of the 
 Benchcre. hut by the "Examiner for Matriculation." Mr. Hugh N Gwynne B A (T 
 C. D.) was ap pointed to this office ; he had been from 1842 Secretary Mid Librarian. ' 
 
 D v'VimJ"i^.?^"'^'' i^^h ^^S. t'^'PPorary lecturers appointed, but In March 1858 
 8. H. Strong (afterwards Hon. Sir. Henry Strong. Chief Justice of Canada) was per- 
 raanentLv appointed I^-cturer In Equity, and J. T. Anderson. Esq., In Law. See 4 
 Canada Law Journal O. S. 60. Strong was one of the ablest equity lawyers Canada 
 ever produced. On the permanent establishment of the Osgoode Hall Law School It 
 d?nedthe offer ^""^ ^^ "°"'^ become Its first principal, but he finally de- 
 
 r..i..!'T''**v^"™'°'"°°''- '"'■„'"'"'''"'''"' "*■ conducted orally by the "Examiner for 
 Call In the presence of a Committee of the Benchers. Those for Call and Certlfl- 
 Kn« "J",,'i'\' '"k"'!.""'?,'"'!'.*/ the supervision of the "Kxiimlners for Call" and If 
 60% were taken by the Candidate he then went up for an oral examination by the 
 Benchers In Convocation ; If 50% were not taken, the Candidate failed "" "' ^''" 
 
 r. o o, "iT'^AU""* "•','■<' '"'■■'y ^"''- EMiiples may be seen In (1880), 6 Can. L. J. 
 o. B. dl. i8. (Jften a large percentage of those examhied were refused eertlfieatei. 
 At one examin ation as many as 14 out of 22 candidates, nearly 05%, failed. 
 
 I '°Y''k^\ ^'"' ^^."'^ ,'"■■ °*°3' yo" *■•« Province of Upper Canada became the ProT- 
 Ince of Ontario July 1, 1867. by the British American Act. oecame me rroT 
 
52 
 
 Law Society and another to its satisfaction not less than one 
 year thereafter. 
 
 I do no* stop to detail what was done under this Act as it 
 merges iuto that next to be mentioned. 
 
 The state of affairs was improved somewhat, but not suflB- 
 ciently. In 1872 the Law Society's petition to the Legislature 
 to enable them to extend the advantages of legal education was 
 acceded to, and a new Act passed, 35 Vic. c. 6. That enabled 
 the Society to require that all Clerks thereafter to be articled 
 should pass a preliminary examination, and that their term 
 of service under their articles should not run until they had 
 passed this examination. The Benchers also were empowered 
 to make rules for the improvement of legal education, appoint 
 readers and lecturers, require the attendance of Articled 
 Clerks and Students-at-Law at reading and lectures and an 
 examination thereon as a prequisite to call to the bar or 
 admission as an attorney, etc.*' 
 
 The Benchers accordingly, June 7, 1872, laid down a curri- 
 culum for the preliminary examination of the Articled Clerks ; 
 Caesar's Commentaiies, Bb. 5 and 6; Arithmetic; Euclid Bb. 
 1, 2 and 3 ; Outlines of Modern Geography ; History of Eng- 
 land (W. Douglas-Hamilton); English Grammar and Com- 
 position; Elements of Bookkeeping. The Students-at-Law 
 passed an examination on Horace, Odes Bk. 3; Virgil's 
 Aeneid, Bk. 6; Caesar's Commentaries, Bb. 5 and 6, Cicero, 
 Pro Milone ; Mathematics, Arithmetic, Euclid Bb. 1, 2 and 3, 
 Algebra to end of Quadratic Equations; English History (W. 
 Douglas-Hamilton) ; Outlines of Modern Geography, English 
 Grammar and Composition. It will be seen that the curricu- 
 la have much in common, Caesar, Arithmetic, Euclid, Geogra- 
 phy, History of England, English Grammar and Composi- 
 tion. The Student-at-Law took also Horace, Virgil, Cicero, 
 
 Mi-i".^'"'' ^'^*.. "■,"'.. P™™"!.^."! by the Hjn (afterwards Sir) Oliver Mowat, the Prime 
 Jllnlstpr, who had been a Vice Chanoellor and took a great Interest In the profession: 
 but the matter had received long and curetiil consideration bv the Benchers, culmin- 
 ating In a Report by the eommlttee on Legal Education. December 8. 1871 i Michael- 
 mas Term 3.. Vic.) The thalrman of this Committee was Thomas Moss, afterwarci 
 Chief Justice of Ontario ; and the Report recommended an application to Parllame" 
 Srol» n ?L ??? .".*' senerally known as Blake's Act from Its author Hon. Edw d 
 
 P«.4;..?il°'t.^"?''''''',°.'u *'''.'*'''''■, V'^?.'"''' <" t'x' """"^ 0' Commons of Canada and 
 afterwards Member of the Imperial House of Commons. He was long a Bencher 
 and for some years Treasurer of the Law Society. "<;u>.u<.r 
 
 ""trr-rrfmmr^ 
 
53 
 
 Algebra; the Articled Clerk, bookkeeping". There was, 
 however, a rule that no one admitted as a student at law need 
 pass a preliminary examination as an Articled Clerk. Grad- 
 uates in Arts of a British University were not subjected to 
 any examination, and there was no longer to be any division 
 into Senior and Junior classes. 
 
 A Law School was established with four lecturers: 1— 
 General Jurisprudence, 2— Eeal Property, 3— Commercial and 
 Criminal Law and 4— Equity; but attendance on the lectures 
 was made voluntary. There was no building, the lectures 
 were given at Osgoode Hall and were fairly well attended. 
 
 Every Student-at-Law before his final examination for Call 
 was required to pass two intermediate examinations, the first 
 in his third year, the second in his fourth. These corre- 
 sponded to the two examinat'c'i i prescribed for Articled 
 Clerks by the Statute of 1868. i'he curriculum prescribed for 
 each was the same, namely, for the first Intermediate, Wil- 
 liams' Real Property, Smith's Manual of Equity, Smith's 
 Manual of Common Law, Act respecting the Court of Chan- 
 cery, Consolidated Statutes of Upper Canada, chapters 12, 
 42 and 44. For the second Intermediate, Leith's Blackstone-^ ; 
 Greenwood on Conveyancing (Chapters on Agreements, Sales^ 
 Purchases, Leases, Mortgages, Wills), Snell's Treatise on 
 Equity, Broom's Common Law, Consolidated Statutes of 
 Upper Canada, c, 8, Statute of Canada, 29 Vic. c. 28", Insol- 
 vent Act. Four scholarships of considerable value were estab- 
 lished, one for students under one year's standing, one for 
 for those under two, one for those under three and one for 
 those under four. The curricula were for the first, Stephen's 
 Blackstone, vol. 1; Stephen on Pleading, Williams on Per- 
 
 "Tlie'e . examinations were conducted by the "Examiner for Matriculation" Mr 
 Gwynne, before a Committee of Benchera appointed for that purpose and were Dartlv 
 ore tenu: I'apprs wcr,. pr;;paro<l and r-lnterf in (1) Latin. (2) Mathematics; (3) HU. 
 tory, Geography. EnglUh Grammar and Composition. If the candidate did not oass 
 a satisfactory written examination be could not ofTer himself for the oral am 
 distinction of Senior and Junior Class was abolished. '' ■*" 
 
 "This was an edition of that part of Blackstone's Commentaries which rolntna to 
 Eeal Property. The Editor, Mr. Alexander Lelth. Q. c. was " very^ dlsttoenr«hpS 
 Real Property lawyer In Toronto, and In this work Be Vare ^ *law as SodSid hv 
 °?.rJ^''1''" *° as to adapt Blackstone to the clrcumsUnr.- of this ft.0Tlnce^ 
 othendse of course Blackstone would be very misleading. It ^aa alwava iwSI »h^ 
 policy of the Uw Society to prescribe OnUrlo books whin po8c^."e. ^ ^™ *"' 
 
 •That Is, the Statiitory law of Property and Trusts In Upper Canada Rofnr. >k. 
 S.'-r.'n^tS't'otrptv^d orcSSdi"""'" ''' '«"' '- •^"t'ifr«''rter"Sf'Tc^i? 
 
54 
 
 sonal Property, Griffith's Institutes of Equity, Consol. Stat. 
 U. C, cc. 12, 4S. For the second, Williams on Eeal Property, 
 Best on Evidence, Smith on Contracts, Snell's Treatise on 
 Equity, the Eegistry Aet*=. For the third, Eeal Property, 
 Statutes relating to Ontario, Stephen's Blackstc , Book V, 
 Byles on Bills, Broom's Legal Maxims, Story's Equity Juris- 
 prudence, Fisher oi Mortgages, vols. 1 and 2, chapters 10, 11 
 and 12. For the fo th, Smith's Eeal and Personal Property, 
 Eussell on Crimes, Common Law Pleading and Practice, 
 Benjamin on Sales, Dart on Vendors and Purchasers, Lewis's 
 Equity Pleading, Equity Pleading and Practice of this Prov- 
 ince. 
 
 The Articled Clerk had a final Examination on Leith's 
 Blackstone^*^, Watkins on Conveyancing, Ninth Edition, 
 Smith's Mercantile Law, Story's Equity Jurisprudence, Leake 
 on Contracts, The Statute Law, The Pleading and Practice of 
 the Courts. The Student-at-Law if he did not go in for 
 honors, Blackstone, Volume 1, Leake on Contracts, Watkins 
 on Conveyancing, Story's Equity Jurisprudence, Stephen on 
 Pleading, Lewis's Equity Pleading, Dart on Vendor and Pur- 
 chaser, Taylor on Evidence, Byles on Bills, The Statute Law, 
 The Pleading and Practice of the Courts ; and if he desired 
 Honors, also Eussell on Crimes, Broom's Legal Maxims, 
 Lindley on Partnership, Fisher on Mortgages, Benjamin on 
 Sales, Jarman on Wills, Von Savigny's Private International 
 Law (Guthrie's Edition), Maine's Ancient Law. All final 
 candidates might be and not infrequently were examined also 
 on the Intermediate subjects. 
 
 The Law School thus established began its career in October, 
 18732", and ver> many students availed themselves of the 
 
 '^'''» '8. the Statutory provision as to Registration of Titles to Heal Estate. 
 
 "The Staff was composed of Alexander Lelth, President and Lecturer In R-*! 
 Property: James Bethune, Lecturer In General Jurisprudence; Z?biil5? A Lash Le^ 
 liuh '^.^^"S"'"'?,' i,*"" Common Li.w, and CharlerMoss, Lecturer In Equity. uV 
 Lelth was the well-known Real Estate Lawyer, editor of Blackstone, vol 2 Mr 
 Bethune became one of the most prominent men at the Bar, a member of the' LeSs- 
 lature, whose too early death was much lamented. Mr. Lash (now K C » wm 
 afterward Deputy Minister of Justice of the Dominion, hut returned to actlVe nS? 
 
 "''* fnV.ViL£?°",s7*^x?*''-n II'- «"»« «•«* afterwards Chief Ju"l?e of Ontario. 
 
 In December. 1874. Mr. Bethune res gned and was succeeded bv wllll«m Mnin^w 
 (LOW Sir William Mulock. Chief Justice o. the Ei?heqSer DlW.lonK """° """"* 
 
 In May 1876 (Trinity Term), the term of engagement for Lecturers was made 
 «nnn.*„f r;.„?'*\.?'"lr''""' ^"'"^ ''••'PectlTely. and they were made Inef "ibl^ fo? re* 
 appointment. Mr. .Mo»s wa» elected for one year and m,idc President lecturlnK on 
 Common aiid Comuorclal Law; Mr. Mulock for two, lecturing on Equity: Mr 5ota 
 S. Ewart (now K. i . for three years, ecturlng on Real Pronertv iinrt T ri n„i.™.T; 
 (afterwards K C. now deceased), for four years lecturlngo'k Criminal Law Md lIw 
 of Torts. After the abolition of the Law School, Mr. Ewart for some time rave ^ 
 weekly lecture on Chancery practice and Mr. Delamere on Common Uw Practlre 
 
56 
 
 opportunities thus given for a legal education. Students who 
 would otherwise have served their term in the country were 
 attracted to Toronto. It became a matter of complaint of the 
 country practitioners that they were deprived of their clerks — 
 particularly so as the term of service was reduced by attend- 
 ance on lectures and passing the law school examinations. A 
 student could reduce his term by from six to eighteen months 
 by this means. One requires no imagination to concei^'e the 
 very great inducement this was to a capable and ambitious 
 student. 
 
 Finally by a vote of 8 to 4, Convocation determined, Novem- 
 ber 24, 1877, Michaelmas Torm, to abolish thf Law School 
 from and after the last day of the succeeding Tlaster Term, 
 June, 1878. 
 
 This step was the subject of much discussion in the profes- 
 sion and in the press, legal and lay. All kinds of opinion 
 were expressed as to the means, but most agreed as to the 
 propriety of some form of education being provided for. It 
 hau been proposed that the Law School should be aiSliated 
 with the University of Toronto, but that course had not recom- 
 mended itself to Convocation ; a law college was suggested by 
 some. In May, 1881, tho formation of associations like the 
 Osgoode Legal and Literary Society throvj^nut the Province 
 was recommended, with a sufficient number of students to 
 ensure a good attendance and of Barristers disposed to deliver 
 lectures. It was recognized that the Law Society would not 
 create or riirect these societies, but could only recommend. 
 Some such were formed, but did not last long nor were they 
 very useful while thej did last. 
 
 Petitions came in from students in large numbers; and in 
 Miehaf^'nas Term of 1881, the Society re-established the law 
 School iwr a period of two years to begin December 12, 1881. 
 with four lectures the senior of whom was to be chairman, 
 attendance still to be voluntary^'. In view of the many peti- 
 tions for the re-establishment of the school, the attendance 
 
 "The Lecturers appolDted were Thomas Hodglns, Q. C. (afterwards Mnster-In- 
 Ordinary of the Supreme Court of Judicature for Ontario), Chnlrman and U'cturer on 
 Constitutional I-aw, etc. Thomas D. Delamerc, already mentioned, who h'ctured on 
 Pleading and Practice, Joseph E. McDougall (afterwards Q. C. and Judge of the 
 County Court of the County of York) and B. Doaglas Armo-- (afterwards K. C), 
 author of seTeral works on Real Property. 
 
56 
 
 was very disappointing, but it was decided to try the experi- 
 ment till the end of the two-year term. 
 
 In June, 1883, the school was continued tUl the early Easter 
 Term, 1884«». A proposition to establish law schools out- 
 e:de of Toronto failed. In Easter Term, 1884, the school was 
 continued until the last day of Easter Term, 1886. In 1887 
 the project of estabUshing a teaching faculty in the University 
 of Torcuto was taken up by a committee of the Benchers with 
 the Senate of the University, and an elaborate scheme was 
 drawn up. This was vigorously criticised not only in convo- 
 cation, but out of it, especially by those interested in other 
 umversities^"*. The committee was reappointed with addi- 
 tional members and directed to take the question up with all 
 the universities in the Province; they did so, but in the long 
 run without success'". 
 
 January 4, 1889, it was decided "to continue and reorganize 
 the school and to appoint a President", who should have 
 supervision and general direction of the school," not less than 
 two lecturers and two examiners— the lecturers theretofore 
 having been also examine. . Attendance was made com- 
 pulsory for the first time. All Students-at-Law and Articled 
 Uerks were required to take the second and third years of 
 the school course. If they resided in Toronto during the last 
 three years they must attend the full three years' course A 
 small fee was imposed, by no means enough to pay for the 
 support of the school. 
 ^^Lectures had been given in Osgoode Hall, but for a long 
 
 see o7e-crc fr aV^p^Eni'3''JJ°a ^'a.»u.^e f tn^^'er V" .^^.f^^ "» ''- 
 ton^^^lLt^UTa^^^* ^"- ^- '• "•• »• " PP- 393-397; another wIU be 
 
 tem» In vogue. He did »o, and reported Sent 1 ^Ssq»°°/J''^ ^'", ^'"«>' »y»- 
 School was formally opened, October 7 1 RSO%;«r.i?*®' *" ConTocatlon, and the 
 Armour; the Examiners w?re Mr P. li D?2yton (afte'^n?. IfSi^^^I?. M«"h and 
 *"■• wh^- ^H""!^ (afterwarda Pill^ liSgS?ate T«mto) ''"' ■*^'*'t"t°'-> "d 
 
 and Aytoun-Flnlay and ifalcolm Cameron/^litoln ***"" ^- "'• '^oMph 
 
57 
 
 time the proposition had been under '"•nsideration to erect 
 a building especially for a Law School. Tenders had been 
 obtained as early as December, 1880, but the matter dragged. 
 It was taken up in earnest in the fall of 1889, plans were 
 obtained and building proceeded with in 1891 and was ready 
 in 1892. 
 
 The society in 1889 dropped their preliminary examination, 
 the last to be Hilary Term, 1890. Thereafter the examina- 
 tion of the University was accepted instead, and now a degree 
 of Arts or Law of a British University or Graduation Diploma 
 of the Royal Military College, the examination of a university 
 on prescribed subjects, or a matriculation certificate, a certifi- 
 cate of the further examination at tne R. M. C. is sufficient, and 
 one of them is required. 
 
 I shall not trace the trifling changes which have been made 
 in the curriculum of the Law School; but here set out the 
 present'*. 
 
 SUBJECTS OF STUDY. 
 
 ni. 
 
 FIBST YEAB. 
 OENEBAL JUBISFBUDENCE. 
 
 Holland's Elements of Jurisprudence. 
 
 CONTBACTS. 
 
 Anson on Contracts. 
 
 BEAL PEOPERTY. 
 
 Williams on Real Property, except Parts III and VII. 
 The Land Titles Act. 
 
 COMMON LAW, 
 
 Odger's Common Law. 
 
 »Tbe present Staff Is as follows: 
 
 PACHLTT. 
 
 Prtnrtpol :— Newman Wrlebt iloyles, B. A., LL. D.. K. C. 
 
 l,icturer»: — John King, M. A., K. C, John Delatre FalconbrldKe, M. A., LL. B., 
 John Shirley uennlson, K. C, Samuel Hugh Bradford, B. A., K. C. 
 
 Demotutratora : — Christopher Charles Boblnson, B. A. ; Harold William Alexander 
 Foster, LL. B. 
 
 Exatninert : — Archibald Douglas Armour. M. A. Senior Examiner, Nell Douglas 
 McLean, B. A., Patrick Kerwln, Oeorge Franklin McFarlane, LL. B., Jo .in Alexander 
 fioule, LL. B. 
 
&8 
 
 OONSTITUTIONAIi H18T0BT AKD LAW. 
 
 Bourinot'8 Manual of the Constitutional History of 
 Canada. Todd's Parliamentary Government in the Brit- 
 ish Colomes (second edition 1894). The following 
 portions, viz : 
 
 Chapter 2, pages 25 to 63 inclusive. 
 Chapter 3, pages 73 to 83 inclusive. 
 Chapter 4, pages 107 to 128 inclusive. 
 Chapter 5, pages 155 to 184 inclusive. 
 Chapter 6, pages 200 to 208 inclusive. 
 Chapter 7, pages 209 to 246 inclusive. 
 Chapter 8, pages 247 to 300 inclusive. 
 Chapter 9 pages 301 to 312 inclusive. 
 
 EQUITY. 
 
 Maitland's Lectures in Equity. 
 
 PBAOnCE AND PBOCEDUBB. 
 
 Judicature Act and Eules of Practice. 
 
 STATUTE LAW. 
 
 Such Acts and parts of Acts as shall be prescribed by 
 the Prmcipal. ' 
 
 SECOND YEAB. 
 CBIMIIIAL LAW. 
 
 The Criminal Statutes of Canada. 
 
 BEAL PBOPEBTY. 
 
 Kerr's Student's Blackstone, Book 2. Armour's Real 
 irroperty. 
 
 PERSONAL PBOPEBTY. 
 
 Williams on Personal Property. 
 
 CONTBACTS. 
 
 Pollock on Contracts. 
 
 Rawlins on Specific Performance. 
 
 Pollock on Partnership. 
 
 TOBTS. 
 
 Underbill on Torts. 
 
 EQITY. 
 
 H. A. Smith's Principals of Equity. 
 Underbill on Trusts. 
 
 EVTOENOE. 
 
 Powell on Evidence. 
 
50 
 
 CONSTITUTIONAL. LAW. 
 
 Lefroy'8 Canada's Federal System. 
 
 PBACTICB AND PBOCEDTTKE. . . ,. x- 
 
 Statutes, Rules and Orders relating to the jurisdiction, 
 pleadings, practice and procedure of the Supreme Court 
 of Canada, the Exchequer Court and the Courts of 
 Ontario. 
 
 BTATUTB LAW. , ,, , u A \.„ 
 
 Such Acts and parts of Acts as shall be prescribed by 
 the Principal. 
 
 EQUITY. ^ . 
 
 Underbill on Trusts, 1914-15, De Colyar on Guarantees. 
 Bell and Dunn on Mortgages, 1915-16, De Colyar on 
 Guarantees. 
 
 TOETS. 
 
 Pollock on Torts. 
 
 Smith on Negligence, 2nd edition. 
 
 EVIDENCB. 
 
 Best on Evidence. 
 
 COMMBBCIAL LAW. 
 
 Chalmers on Sales. 
 
 Maclaren on Bills, Notes and Cheques. 
 
 PETVATE INTERNATIONAL LAW. 
 
 Foote's Private International Jurisprudence. 
 
 CONSTBUCTION AND OPERATION OP STATUTES. 
 
 Hardcastle's Construction and Effects of Statutory Law. 
 
 PRACTICE AND PROCEDTJBE. 
 
 Statutes, Eules and Orders relating to the jurisdiction, 
 pleadings, practice and procedure of the Supreme Court 
 of Canada, the Exchequer Court and the Courts of 
 Ontario. 
 
 COMPANY LAW. 
 
 The Ontario Companies Act and Amendments. The 
 Companies Act, E. S. C. Chap. 79, and amendments. The 
 Winding-up Act, E. S. C. Ch'ip. 144, and amendments. 
 Palmer's Company Law. 
 
 MUNICIPAL LAW. 
 
 The Municipal Act. 
 
■TATUTB LAW. 
 
 llSj^i" "' ^''^ of Act. aa .haU be prescribed by the 
 
 ilh^wT^ *^* examination of all the years, students are 
 subject to be examined upon the matter of ^L/ec'urL o? 
 
 .cri J°pS." ""•""■'■"^ ^'''="°' >• l^' «•«* for Z^,r. 
 
 tlrl ''*""? '«'«-«« "' tte Law School for a,ree vear, 
 <-To pas, Uie prescribed oxamiMlioM. ""» J^'*"- 
 »— io pay the prescribed fees. 
 
 others for ^-^^^^t t^^ ^^^ 
 
 since 1881, all members of that brS of ?>. ^'"^.''^ "«" 
 now called solicitor'^ *^® profession are 
 
 L«t me tmbnlate. 
 
 BABHISTIBS. 
 
 ,„»»«'«' "f". "till continue ^' "* '■fqufrement, %"««£; IJlilT* '*"" 
 
 1818 Examination for admlwlon tn .h. a . •"" eontlmw* ' «PecI«l cum, 
 
 j^fore ,he Beachera. ■'•'°'""'»' »<• «"« Soc.et, on one STlcero'a orations, etc.. b*. 
 
 1825 Examination on Latin Proiu. m„A 
 m«H'™'. ^'"'"'"- aod In the°Mathe^ 
 
 In Conrt " °""'* ***" '"'" Term. 
 
 "^aesf"""*^ ""^ '"' «>>«»«Te pur- 
 
 "nall^" **P"'*"y one "t Oagood. 
 188T 
 
 any tfaie. «""»«««! nqnlred at 
 
 "E^----M--«. 
 
61 
 
 It will be seen that the Legislature has ultimately placed 
 in the handd of the profession not only the regulation but 
 also the education of practitioners of all kinds. This has 
 proved so beneficial that the like provisions have been ex- 
 tended to the professions of Medicine, Dentistry, Pharmacy 
 (the Medical Council indeed does not educate owing to the ex- 
 istence of our efficient established Medical Colleges). There 
 is no fear of the standard being debased; no advantage is de- 
 rived by the profession from graduation of a large class, i. e. 
 the admission of a great number to the Bar who will be com- 
 petitors of those already practising, and any attempt to make 
 the standard too high would be restrained by a wholesome 
 regard for public opinion. It must however be said that 
 though it has twice happened in the history of the Province 
 (in 1794 and 1804), that the Legislature thought there were 
 not enough lawyers, it is hard to conceive of our community 
 (or perhaps any other) ever thinking that again. 
 
 It will be seen that we ha.e tried all the methods of educa- 
 tion that can be suggested. We have had the student left to 
 the teaching of a master, for long the method in England. 
 We have had the students directed to band themselves to- 
 gether in Classes for mutual benefit and with lectures from 
 Barristers. We have obliged them to attend terms of Court. 
 We have tried to make satisfactory arrangements with the 
 Universities. All these have proved wholly insufficient, and 
 in the loug run the lawyers of Ontario have put their hands 
 into their own pocketp, ei ed a Law School building, en- 
 gaged and paid lecturers and examiners and have determined 
 to educate the young men to become competitors of them- 
 selves; and this they did for a long time at an annual loss 
 of a considerable amount. That I think can fairly be called 
 altruism if it is also esprit de corps. 
 
 We should have been much better satisfied if the Universi- 
 ties or one of them had established a real and practical Fac- 
 ulty of Law with a curriculum satisfactory to us; but we 
 should always ha"e insisted on conducting the examinations 
 for Call and Admission ourselves just as is done in Medicine, 
 
^l:^-^^^^£ ^ "— '" "* ■" .pp.-. 
 
 moned to attend the hearing of evfdeTe^e 1?' " '""■ 
 
 .boul 4% „e ta that cat "T. "™"' '° P""""'" "^ ""h^ 
 never b4„"alled At „„.V .." T"" P'^-'-se have 
 req«i.urs\e uifferearf r ,1 ? \""^^'<^ "d pre- 
 
 mcommon; but aow the ™rl''^ ^ ■* "" °°' -""a'"--.! or 
 
 i. ma, be cinfldea fy e'pTtSttaTt^i wmK' "' 'f °"'' "'' 
 mon. The Artiplo^ni f • "^ ^'" ^^ ^^'^n less com- 
 
 _____lhe Articled Clerk serving in the office of a solicitor 
 
 to the* usual co8?Sm; of^i lVSo™°"'^'^V°'*»"" 1« o' « WMllar '™t '?°''"' "" • 
 In the (fay when clo"h b«« io^'"*""' ^'o'"'" °' «*uff *^' "*"'' '"'«<* 
 
 other Kridc arfo? « corpo«Wr»I""' <" <jfcorumToV one"? ?i«v Hh. °;;™'"°."'"'y 
 
63 
 
 it at the same time attending the Chambers of the Barrister. 
 This apparent anomaly is only apparent and not real. 
 Jnst as in the sister profession of medicine practically every 
 one on this continent is educated in both medicine and sur- 
 gery, and many become not only M. D. but also V. M.; they 
 are both physicians and surgeons and all have the same cur- 
 riculum and examination. This is not so in England. The 
 Royal College of Physicians and the Royal College of Sur- 
 geons are not the same ; just as there the Barrister is not a 
 Solicitor or the Solicitor a Barrister. 
 
 Nevertheless it is recognized on this Continent as well that 
 tho office of tlio Surji'eoii is not the same as that of th«' Physi- 
 cian although the dividing line may often be uncertain. And 
 so, no matter what the name, the officp of the Solicitor is not 
 the same as that of the Barrister, although the dividing line is 
 often uncertain. In Ontario many doctors devote themselves 
 mainly or wholly to surgery and do not meddle with uiediciiie 
 although wholly qualified and licensed as Physicians and so 
 some Lawyers devote themselves mainly or wholly to "Coun- 
 sel Work" the function of the Barrister. This has been found 
 to be of very great advantage as he who devotes himself to 
 surgery acquires a skill and d<xtc'rity to which the ordinary 
 "General Practitioner" cannot attain, so he who devotes him- 
 self to conducting cases in Trial and Appellate Courts attains 
 skill and dexterity beyond that of the ordinary lawjer. This is 
 of as much advantage to the litigant as that to the patient; 
 and of as much advantage to the Solicitor whose client has 
 been taken in hand by the Counsel, as that of the general 
 practitioner whose patient has been taken in hand by the 
 Specialist. It must not be forgotten that a trial is a "major 
 operation" desiderating skill and experience at the best of 
 times and with the best of judges. 
 
 As a consequence, while practically every lawy.^r is licensed 
 to conduct his own cases at the trial and in appeal, in a 
 large percentage of cases one of those who are known to de- 
 vote themselves largely to Counsel work is employed on those 
 occasions. Generally the solicitor himself will take ]iart as 
 Junior Counsel in his capacity as Barrister. There iS noth- 
 
64 
 
 ing in the way of esprit de corps, custom, public opinion etc 
 toprevent the solicitor taking his own brief-andTany do 
 80-any more than a physician is prevented from operating 
 on his own patient-and many do operating 
 
 In some cases the client himself insists on counsel hpini, 
 employed, just as some patients and their friends ini-vT^ 
 a specialist surgeon. The only objeclrrev^r hSrd to thi^ 
 
 Client. The very expression of such a fear indicates an extra 
 ordinarily low state of morals in the profession where snl a 
 fear can be more than the merest musion ZJ \ 
 
 would steal a client would steal a shfeplfTsuited^fs p^^iot^ 
 and there is m our system about as little ehancp nf til' 
 cue as of the other. I have never heard .otuch as s^^ 
 gested that any Counsel ever stole a client and ll^t thint 
 that such a thing could ever take place. 
 
 himse/Tf^hP ^r'""' '' ''"* '' ^""°««^ ^y tb« -licitor 
 
 ;£tr^S:^=2^^^-ri^^tr^- 
 
 IS being done with or for his client Th. „r ^""^y^^^^S that 
 
 Ve find an -n /t t '^'^"«t^'»^ ^«r logical consistency; if 
 
 won]?/!. t because it seems anomalous in theorv We 
 
 would never think of applying to the Legislature to mike le 
 
65 
 
 distinction if none existed but we find it come down to us 
 from the past as an existing institution and we find it does no 
 harm, and accordingly we retain it. 
 
 But whatever the form, there must always be in fact a 
 marked distinction in function. There must always be in 
 fact abilities, acquirements which tend to enhance proficiency 
 in one or the other capacity, and often the acquirements or 
 abilities most useful in one are not so but perhaps rather the 
 reverse in the other. On that I need not enlarge, but content 
 myself with saying that nothing but good can be the result of 
 a specialization as Counsel of a sufficient number of lawyers 
 whose talents lie in that direction, and the liberal employment 
 of these by practitioners less well qualified in that regard. 
 
 In conclusion permit me to say how glad I am to meet the 
 Society, to wish it a long, prosperous and useful career and 
 to add that I shall most giudly do all that is in my power to 
 further its objects and enhance its usefulness. 
 
 William Renwick RmnEix.