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 http://www.archive.org/details/cu31924016990032 
 
THE LEGAL PROFESSION 
 
 IN 
 
 UPPER CANADA 
 
 IN ITS 
 
 EARLY PERIODS. 
 
 By 
 
 WILLIAM REN WICK RJDD ELL, LL.D., 
 
 Fellow Royal Historical Society, Etc., 
 
 Justice of the Supreme Court of Ontario. 
 
 "I HOLD EVERY MAN A DEBTOR TO HIS PROFESSION." 
 
 Bacon, "The Elements of the Common Law," Preface. 
 
 TORONTO, 
 
 Published by The Law Society of Upper Canada, 
 - 1916. 
 
Copyrights Canada, by 
 The Law Society of Upper Canada. 
 
DEDICATION. 
 
 THIS VOLUME IS DEDICATED TO THE MEMORY 
 OF 
 
 SIR ^EMIUUS IRVING, K.C., 
 
 AND 
 
 GEORGE FERGUSSON SHEPLEY, ESQ., K.C., 
 
 SOMETIME TREASURERS 
 
 OF THE LAW SOCIETY OF UPPER CANADA 
 
 — DULCE DECUS MEUM — 
 
 IN TOKEN OF GRATEFUL RECOGNITION OF THEIR 
 
 UNVARYING COURTESY AND KINDLY 
 
 CONSIDERATION, 
 
 BY 
 
 their former colleague and 
 fellow-bencher, 
 
 The Author. 
 
 Osgoode Hazj,, Toronto, 
 
 January 18th., 1916. 
 
PREFACE. 
 
 This work is the result of very many hours of dili- 
 gent and at the same time pleasant research. To one 
 who loves and is proud of his profession there is nothing 
 more interesting than its history; and the history of 
 the legal profession in this Province — Upper Canada or 
 Ontario : — yields in interest to that of no other. 
 
 It is my hope that the attention of others may be 
 drawn to our past by these pages, and that others may 
 be induced to add to our knowledge of the men and 
 times of old. 
 
 I am wholly responsible for everything in this book 
 (proof-reading included) except where otherwise spe- 
 cifically stated ; and shall be glad to be informed of any 
 error which may have crept in. 
 
 The somewhat gossipy nature of certain portions of 
 Part IX. is deliberate; I desired to place on record all 
 that was known of the persons mentioned ; and hope that 
 those who may have better information concerning them 
 will make it public. 
 
 Some of the matter contained in this work has 
 already appeared in different form in addresses to vari- 
 ous Bar Associations, e.g., of New York, Missouri, Mich- 
 igan, Chicago, etc., and in papers in legal publications, 
 e.g., the Canada Law Journal, the Canadian Law Times, 
 the Pennsylvania Law Journal, the Yale Law Journal, 
 the Illinois Law Journal, the Journal of the American 
 Institute of Criminal Law and Criminology, etc., or in 
 other magazines; but it is here presented in somewhat 
 more systematic form. 
 
TABLE OP CONTENTS. 
 
 Preface v. 
 
 Part I. — The Barrister and the Attorney 
 
 (or Solicitor). 
 Chapter. page 
 
 I. — Introductory 3 
 
 II. — Before the Law Society's Act 4 
 
 III. — Barristers, &e., Members of the Law Society 3 
 
 IV.— After the Act of 1822, 2 George IV, c. 5 <U.C.) 14 
 
 V.— Occasion and Effect of the Act of 1857, 20 Vic, 
 
 e. 63 (Can.) , 20 
 
 Notes 24 
 
 Part II. — The Student, Education, Admission 
 and Call. 
 
 VI— The^Student, &c, Before the Act of 1822 37 
 
 VII.— The Student, &c, After the Act of 1822 40 
 
 VIII.— The Student, &c, After 1842 45 
 
 IX. — The Student, &c, Lectures 47 
 
 Notes : 49 
 
 Part III. — Osgoode Hall. 
 
 X. — Preliminary Steps 65 
 
 XL— Original Building : 68 
 
 XII. — First Enlargement 72 
 
 XIIL— After the Rebellion of 1837-38 73 
 
 XIV. — Second and Third Enlargements 70 
 
 Notes 78 
 
 Part IV. — The Library. 
 
 XV.— Before the Building of Osgoode Hall 83 
 
 XVI.— The Library at Osgoode Hall 86 
 
 XVII. — The Library Removed from Osgoode Hall 91 
 
 XVIII. — The Library Returned to Osgoode Hall 93 
 
 Notes 97 
 
Part V. — The Reports. 
 Chapter. page 
 
 XIX. — Reporters Appointed by the Governor 107 
 
 XX. — Reporters Appointed by the Law Society Ill 
 
 XXI. — The "Upper Canada Jurist" and Cameron's 
 
 Digest, &c 113 
 
 XXII.— U.C.R., U.C.C.P., Gr., C.L.Ch., P.R., Ch.Ch.R., 
 
 C.L.J., O.S 117 
 
 Notes 120 
 
 Part VI. — The Portraits. 
 
 XXIII.— Portraits 125 
 
 Notes 126 
 
 Part VII. — The Law Society op Upper Canada, 
 its Constitution and Government. 
 
 XXIV.— The Law Society— its Constitution 133 
 
 XXV. — The Law Society — its Government....^ 135 
 
 Notes .' 141 
 
 Part VIII. — The Rolls. 
 XXVI.— The Rolls * 145 
 
 Part IX. — Biographical Notes. 
 
 XXVII. — John White, the First Attorney-General 151 
 
 XXVIII. — Robert Isaac Dey Gray, the First Solicitor- 
 General 154 
 
 XXIX. — Angus Maedonell 157 
 
 XXX.— James Clark 159 
 
 XXXI. — Christopher Robinson 160 
 
 XXXIL-^Allan McLean 162 
 
 XXXIII. — William Dummer Powell, Junior 165 
 
 XXXTV. — Alexander Stewart, Nicholas Hagerman, Bar- 
 tholomew Crannell Beardsley 167 
 
 XXXV.— Walter Roe 168 
 
 XXXVI.— Timothy Thompson 170 
 
 XXXVII.— Jacob Farrand 173 
 
 XXXVIII.— Samuel Sherwood 174 
 
 XXXIX. — John McKay, William Weekes 177 
 
 XL.— Sir David William Smith 181 
 
 Notes 183 
 
 Index of Names 187 
 
PART I. 
 
 THE BARRISTER AND 
 THE ATTORNEY (OR SOLICITOR). 
 
THE BARRISTER AND 
 THE ATTORNEY (OR SOLICITOR) 
 
 CHAPTER I. 
 INTRODUCTORY. 
 
 In the following pages, I propose to deal with the 
 Legal Profession in this Province in certain aspects, 
 and during certain periods. 
 
 I adopt 1857 as the date before and extending to 
 which, to pursue the enquiry — anything after that date 
 will be touched on only incidentally — certain supple-. 
 mentary notes are added to comply with the request 
 of Convocation. 
 
 That date has been adopted as it may fairly be 
 considered the time at which our present system 
 began: and it is a coincidence that, the Law Society 
 beginning its career in 1794, the date is about the end 
 of the first half from 1797 down to the present. 1 
 
 When the history of the legal profession in this 
 Province comes to be written, it will naturally divide 
 itself into five periods : — 
 
 First, until the coming into force of the Act of 
 1794, 34 Geo. III., c. 4 (U.C.) ; 
 
 Second, from that time to the coming into force of 
 the Law Society's Act of 1797, 37 Geo. III., c. 13 
 
 (U.C.) ; 
 
 Third, from that time to the coming into force of 
 the Act of 1822, 2 Geo. IV., c. 5 (U.C.) ; 
 
 Fourth, from that time to the coming into force of 
 the Act of 1857, 20 Vic, c. 63 (Can.) ; and, 
 
 Fifth, from that time onward. 
 
4 THE BARRISTER AND THE ATTORNEY. 
 
 With the . first period should be taken the time 
 from the first settlement of the country to the change 
 in the administration of the new and recently formed 
 Province of Upper Canada, Monday, December 26th, 
 1791, under Proclamation of Lieutenant-Governor 
 Alured Clarke, dated November 18th, 1791 2 , the Pro- 
 clamation itself being authorized by the Quebec Act 
 of 1791, 31 Geo. III., c. 31 (Imp.). 
 
 CHAPTER II. 
 
 BARRISTERS AND ATTORNEYS (OR SOLICI- 
 TORS)— BEFORE THE LAW SOCIETY'S 
 ACT. 
 
 In England a Barrister cannot be a Solicitor and 
 could not (when that title was used) 'be an Attorney; 
 an Attorney or Solicitor could not and cannot be a 
 Barrister. Until very recently the Attorney carried 
 ■on proceedings in the Common Law Courts, the Solici- 
 tor in the Courts of Equity; the Judicature Acts in 
 England and in Ontario have abolished the title "At- 
 torney"; and all practitioners of that branch of the 
 profession have become "Solicitors" only. But there 
 is still the rule in England that the same person cannot 
 be both Barrister and Solicitor — if, being a Solicitor, 
 he desires to be called to the Bar, he must have his 
 name struck off the Rolls as Solicitor. 3 
 
 In most of the American States, there is no such 
 distinction as that between Barrister and Attorney — 
 the practitioner is generally called an Attorney or an 
 Attorney-at-Law, and is authorized to conduct all kinds 
 of legal practice, whether Attorney's work proper or 
 that of a Barrister. 
 
 Our system seems anomalous, agreeing with neither 
 English nor American: in a Province which always 
 has boasted that its legal system was based upon that 
 
BEFORE THE LAW SOCIETY'S ACT. 5 
 
 of England and many of whose earlier Judges were 
 trained in the English Inns of Court, it is somewhat curi- 
 ous that the English system was not adopted originally 
 or at least when the Province became populous and 
 wealthy. That the American system was not followed 
 may perhaps be accounted for by the fact that the 
 early settlers were mainly United Empire Loyalists 
 who, shamefully misused in the land of their birth, 
 brought with them into our northern wilds no great 
 love or admiration for the new Republic or its ways: 
 
 Both history and, as I think, accident, play their 
 part in this variation from English practice. 
 
 So long as Canada remained a French possession 
 there was no division 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 Proclama- 
 tion of October 7th, 1763, which introduced into 
 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 afterwards the 
 Province of Upper Canada and is now the Province 
 of Ontario. When the Quebec Act was passed, (1774) 
 14 Geo. III., c. 83 (Imp.), it was not considered ad- 
 visable to modify the existing practice. 
 
 But, April 30, 1785, an Ordinance was made by the 
 Lieutenant-Governor, Henry Hamilton, being Ordin- 
 ance 25 George III., c. 4 (Quebec), which by article 1 
 enacted that thenceforth no one should be commis- 
 sioned, appointed or , permitted to practise as a bar- 
 rister, advocate, solicitor, attorney or proctor at law v 
 who had not served during the space of five years 
 under a contract in writing with some advocate or 
 attorney duly admitted and practising in the Courts in 
 the Province or elsewhere in His Majesty's Dominions 
 
6 THE BARRISTER AND THE ATTORNEY. 
 
 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 practise as advocates or attorneys else- 
 where in the Empire. The candidate was also to be 
 examined by some of the first and most able barristers, 
 advocates or attorneys in the presence of the Chief 
 Justice of the Province or of 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 practise law. 
 
 Article 2 makes a similar provision for an intending 
 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 of two or more 
 Judges of the Court of Common Pleas of the District 
 wherein he served his clerkship, and be approved by 
 them. 
 
 Article 6 provides that thenceforth barristers, ad- 
 vocates, solicitors, attorneys or proctors at law (and 
 also land surveyors), should not practise as notaries; 
 that no notary was 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 surveyor shall be held and 
 exercised separately and by different persons to the 
 end and purpose that the functions and duties of the 
 one may not interfere with the other." 4 All prac- 
 titioners were given twelve months to elect which 
 branch of the profession they would follow. 
 
 After the Conquest, many had been admitted to 
 practise in the Courts, of whom not a few were of 
 English or Scottish descent and, of course, English- 
 speaking. 5 It is not unlikely that this Ordinance was 
 passed at their instance : at all events a strongly word- 
 ed petition was presented to the King by the French- 
 speaking "Avocats et Notaires en la Province de 
 Quebec. ' ' 
 
BEFORE THE LAW SOCIETY'S ACT. 7 
 
 They,- "devoted from tender youth to the study and 
 practice of the laws and of justice" reminded the King 
 of their services under arms and called to witness Sir 
 Guy Carleton, Cramahe (his Lieutenant) and Thomas 
 Dunn, a member of the Legislative Council, all then in 
 London. "Poor in goods, but rich in the justice and 
 protection of Your Majesty, the honour, the science of 
 law, their assiduity at the Bar and in the office of 
 Notary * * * made inestimable riches," and enabled 
 them to live in an honourable if moderate style: but 
 the ordinance complained of would tend to ruin them 
 without any advantage to the Province. The poverty 
 of the inhabitants could not support two professions, 
 and there was no demand or need for such an ordin- 
 ance ; the two professions were not at all incompatible, 
 no more so than those of surgeon and physician or 
 apothecary. The petition was unavailing and 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 estab- 
 lished in the territory afterwards to be the Province 
 of Upper Canada but then part of the Province of 
 Quebec, one in each District; they were, of course, 
 under the then existing law and practice. 7 
 
 At that period, therefore, there were two branches 
 of the profession such as exist to-day in our sister 
 Province of Quebec — the practitioner in the Courts* 
 (Barrister, Solicitor, Advocate and Attorney) and the 
 Notary, to whom we have in our law nothing analogous 
 but whose functions are of great importance in Civil 
 Law countries. Our Notary Public is but a feeble 
 image of the "Notaire. " There was no distinction 
 between Barrister and Attorney as in the English law. 
 
 In 1791 was passed the Act 31 G-eo. III., c. 31 (Imp.), 
 commonly called the Canada Act or the Constitutional 
 Act, which ena'bled the vast territory of the Province 
 of Quebec to be effectively divided into two provinces, 
 the western being called Upper Canada and the eastern 
 
8 THE BARRISTER AND THE ATTORNEY. 
 
 Lower Canada, each with its own Parliament and 
 Lieuten ant-Governor. 8 
 
 The first Act of the first Parliament of Upper 
 Canada (1792) 32 Geo. III., c. 1 (U.C.), introduced 
 the English Civil Law; but no change was then made 
 in the profession. There were not many practitioners 
 in the Province skilled in the English Law: it has 
 often been said that there were only two, but tradition 
 does not give their names and no record seems to 
 exist. There was certainly one who had been duly 
 admitted to practise as an "Avocat" at Montreal and 
 who was then practising in the Court of Common 
 Pleas in the District of Hesse (Judge, Counsel and 
 most litigants living in Detroit but the Court held at 
 LAssomption, now Sandwich) : this was Walter Roe, 
 admitted April 13, 1789. He was, however, educated 
 in the French-Canadian, not the English civil law. 
 
 When in 1794; the Courts of Common Pleas were 
 abolished and a Court of King's Bench for the whole 
 Province established, it was thought advisable to pro- 
 vide a body of practitioners. Accordingly the Act 34 
 Geo. III., c. 4 (U.C.), was passed: this recites "whereas 
 much inconvenience may ensue from the want of per- 
 sons duly authorized to practise the profession of the 
 law in this Province": Sec. 1 suspends for two years 
 from the passing of the Act the operation of the Or- 
 dinance of 1785 so far as it affected "Advocates, At- 
 tornies, Solicitors and Notaries": Sec. 2 authorizes 
 the Governor, Lieutenant-Governor or Person adminis- 
 tering the Government to license such and so many 
 British subjects "not exceeding sixteen in number as 
 he shall deem from their probity, education and con- 
 dition of life best qualified to act as Advocates and 
 Attornies in the conduct of all legal proceedings in 
 this Province": a Roll was to be provided and kept 
 among the records of the Court of King's Bench. and 
 upon production of the licences, the names were to be 
 inscribed on this Roll; and no person whose name was 
 not so inscribed was authorized to receive fees for 
 
MEMBERS OP THE LAW SOCIETY. 9 
 
 practising in any of the Courts of the Province. The 
 Court of King's Bench was authorized upon proof of 
 malversation or corrupt practice to strike off the Eoll 
 the name of any one found offending. Section 4 al- 
 lowed any person qualified under the provisions of the 
 Ordinance Of 1785 to be permitted to practise and to 
 have his name inscribed in the Roll without paying 
 any fee : any one enrolled as having received a licence 
 under the Act paid 13s. 4d. ($2.67) to the Clerk of the 
 Court and 40s. ($8.00) to the Governor's Secretary for 
 the licence. 
 
 This Act began the second period of the history of 
 our profession. A Roll was provided, still preserved 
 with care at Osgoode Hall; on this were entered the 
 names of those licensed and admitted. 9 They were 
 admitted "to the degree of an Advocate and to that 
 of an Attorney"; they took the oaths of abjuration, 
 allegiance and supremacy and signed the Declaration 
 against Transubstantiation (Roman Catholics were ex- 
 cused from the requirements enforced against others, 
 and were allowed oaths, etc., against which they had 
 no conscientious objection. 10 ) 
 
 CHAPTER III. ~ 
 
 BARRISTERS AND ATTORNEYS, MEMBERS OF 
 THE LAW SOCIETY. 
 
 This second period, in which there was yet no dis- 
 tinction between Barrister (Advocate) and Attorney, 
 came to an end in 1797. The Act 37 Geo. III., c. 13 
 (U.C.) repealed the Ordinance of 1785 (which had 
 again come into force by lapse of time) so far as it 
 might "relate to barristers, advocates, attornies or 
 solicitors." Section 1 provided that it should be law- 
 ful "for' the persons now admitted to practise in the 
 law, and practising at the Bar of any of His Majesty's 
 Courts of the Province, to form themselves into a 
 
10 THE BARRISTER AND THE ATTORNEY. 
 
 Society to be called the Law Society of Upper Can- 
 ada, as well for the establishment 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." Section 5 provided that except 
 the present practitioners, no one should be permitted to 
 practise at the Bar of any of His Majesty's Courts in 
 the Province unless he had "been previously entered 
 of and admitted into the said Society as a student of 
 the laws and shall have been standing in the books of 
 the said Society for and during the space of five years 
 and shall have conformed himself to the rules and regu- 
 lations of the said Society and shall have been duly 
 called and admitted to the practice of the law as a 
 Barrister according to the Constitution and establish- 
 ment thereof." Persons admitted to practise at the 
 Bar in England, Scotland, Ireland or any of His Majes- 
 ty's North American Provinces were allowed upon 
 production of testimonials of good character and con- 
 duct to the satisfaction of the Judges of the Court of 
 King's Bench, to be admitted to practise provided they 
 within one month entered themselves of the Society. 
 Any time spent under Articles before the passing of 
 the Act was to be considered part of the five years pro 
 tanto. This section covered the case of Barristers. 
 
 Section 6 for the first time in our Province intro- 
 duced the distinction between Barrister and Attorney 
 or Solicitor. ' ' Nothing in this Act contained shall pre- 
 vent any person who hath been regularly articled with 
 any person in this Province, duly authorized to take 
 a clerk and shall have been standing in the books of 
 the Society aforesaid for and during the space of three 
 years from acting merely as an Attorney or Solicitor 11 
 in any of His Majesty's Courts of law or equity in this 
 Province. ' ' 
 
 This section is not very clearly drawn: the inter- 
 pretation placed upon it was that the intending At- 
 
MEMBERS OF THE LAW SOCIETY. 11 
 
 torney must serve five years under Articles, be admit- 
 ted to the Society and remain three years on its 
 books. 12 
 
 Here, then, we for the first time have the Barrister 
 and the Attorney differentiated: the Barrister must 
 have been on the Books of the Society for five years 
 and (so far as the provisions of the Statute go) need 
 not have been under Articles at all ; the Attorney must 
 have served five years under articles and have been 
 on the Books of -the Society for three years. 
 
 The record of the Proceedings of Parliament for 
 the session of 1797 is not available 13 and it is not quite 
 certain by whom the Act was introduced. However, 
 it is probable that the real author was John "White the 
 Attorney General: he was not a member of this the 
 Second Parliament but was undoubtedly a man of 
 great influence and was persona grata at headquarters. 
 
 I have no doubt that it was intended effectually to 
 divide the profession into two branches, so that the 
 same person should not be at the same time Barrister 
 and Solicitor; and had it not been for the action of 
 the Law Society itself, this object might have been 
 attained. It is however to be remarked that t,he Act 
 made a divergence from the English practice : in Upper 
 Canada the Attorney must be a member of the Law 
 Society for three years while in England the Inns of 
 Court had nothing to do with the Attorney, leaving him 
 to the Inns of Chancery. 14 
 
 The Society was organized at a meeting at Wilson's 
 Hotel, Newark (Niagara-on-the-Lake), July 17, 1797: 
 ten practitioners attended and upon that day conferred 
 the degree of Barrister- at J_jaw upon all who applied 
 including themselves, fifteen in all. There were four 
 practitioners who never applied for the degree and 
 never became members of the Law Society. 15 
 
 The Act by section 2, authorized the Society "to 
 form a body of rules and regulations for its own gov- 
 ernment under the inspection of the Judges of the 
 
12 THE BARRISTER AND THE ATTORNEY. 
 
 Province for the time being as Visitors of the * * * 
 Society." At this first meeting, nothing was done in 
 respect of qualification for membership, but at the 
 fifth meeting, Saturday, November 9, 1799, the Solicitor- 
 General, Gray, proposed amongst others as rule No. 7 
 the following: "Whenever any person shall hereafter 
 wish to be admitted as a student and as such to have 
 his name inserted upon the Books of the Law Society, 
 the name and description of such person shall be given 
 at a general meeting of the Belchers by the master 
 or intended master of such person to the Treasurer 
 for the time being, and such master shall at the same 
 time give in a written declaration upon honour signed 
 by him that the said person is or has been his Articled 
 Clerk and shall have served as such and that in his 
 opinion he is qualified by education, principles and 
 habits of life to become a member of the Society and 
 is really and bona fide to be or has been a clerk of 
 him the said master or intended master." The At- 
 'torney-General, White, objected to this Rule and (unle.-;s 
 I have made a mistake in supposing that he desired a 
 separation of the branches of the profession) it was 
 clearly objectionable from his point of view 16 — con- 
 templating as it did that every student admitted on 
 the Society's Roll should be an actual or intended 
 Articled Clerk, and therefore on his way to become an 
 Attorney. There was no provision whereby a ' ' Student- 
 at-law" proper, that is a student not under articles 
 and proceeding simply to the degree of Barrister-at- 
 law, could be admitted. The Solicitor General and the 
 five others present at the meeting (all educated on 
 this continent) 17 voted the Attorney General down and 
 the Rule carried. The Rule was laid before the 
 Judges 1S and in view of the objection of the Attorney 
 General was by them referred back to the Society: 
 before it could be again considered by the Society, 
 White died. 19 The Rule was read again at the meet- 
 ing of Thursday, January 16, 1800 and again passed — 
 the same day it was again laid before the Judges and 
 
MEMBERS OF THE LAW SOCIETY. 13 
 
 "they Attorney General's objection overruled by the 
 Judges. ' ' 
 
 In view of the very great influence of the Attor- 
 ney General, an English Barrister, and of the natural 
 inclination of the Judges, all of whom had been edu- 
 cated for and called to the English Bar, 20 it is not 
 at all unlikely that the accident of White's death was 
 the reason of the Rule being adopted, and thus the 
 practical certainty of the rejection of the English sys- 
 tem assured. 
 
 All persons,, then, who were desirous of being called 
 to the Bar must first be under articles as Articled 
 Clerks: and no one could become an Attorney unless 
 he first became a member of the Law Society as stu- 
 dent and remained as such three years. 21 
 
 The term of service under Articles as we have seen 
 was five years. 2 - No doubt it was the obligation upon 
 one intending to become an Attorney, to become a mem- 
 ber of the Law Society in precisely the same way as 
 one desiring to become a Barrister, which brought it 
 about that during this period an extremely small number 
 of Attorneys failed to become Barristers — indeed I can 
 find only three in that case out of 49, i.e., about 6%. 23 
 
 A rather larger proportion became Barristers with- 
 out being admitted as Attorneys — leaving aside special 
 cases, there were three out of 42, i.e., about 7%. 24 
 
 There does not seem to have been any dissatisfac- 
 tion with this system in the Province at large : but 
 among the Benchers were those who desired a separa- 
 tion of the profession. 
 
14 TIJE BARRISTER AND THE ATTORNEY.- 
 
 CHAPTER IV. 
 
 BARRISTERS AND ATTORNEYS (OR SOLICITORS) 
 
 AFTER THE ACT INCORPORATING THE 
 
 LAW SOCIETY. 
 
 It had become necessary that an Act of Incorpora- 
 tion should be obtained for the Society, thei Act of 1797 
 forming it into an organization indeed but not creating 
 a corporation. 
 
 An Act was applied for to incorporate the Society : it 
 was desired to build and for that purpose to own land, 
 &c, 2B The opportunity was taken advantage of to 
 insert a clause in this Bill removing Attorneys from 
 the supervision of the Law Society altogether. That 
 the Bill was promoted by the Law Society is wholly 
 beyond question, as its history will show. .Notice of 
 the introduction of the Bill was given by the Attorney 
 General, John Beverley Robinson, as soon as the Session 
 opened; he moved that leave should be given to bring 
 it in and Mr. Archibald McLean, also a Bencher, 
 seconded the motion, December 1, 1821 : there was a 
 division on the report of the Committee of the Whole, 
 December 3, 1821, 20 to 9. In the majority were five 
 Benchers, none in the minority; the third reading also 
 produced a division 19 to 12, the same five Benchers 
 voting with the majority. Sent up to the Council, it 
 was returned without amendment. 
 
 Section 3 of the Act which is (1822) 2 Ceo. IV., c. 5 
 (U.C.), repealed the provision of the Act of 1797 re- 
 quiring an Attorney to have been three years on the 
 Books of the Law Society, but continued the obliga- 
 tion to have served five years under written articles. 
 
 The simple examination for admittance — or ma- 
 triculation — into the Society which had been pre- 
 scribed in 1819, does not seem to have been much of 
 a deterrent. Before that date the intending student 
 required for admission to the Books of the Society 
 
AFTEE THE ACT OF INCORPORATION. 15 
 
 nothing but a certificate from his master, actual or 
 intended. But in 1819, Hilary Term 60 Geo. III., a Rule 
 No. 18 was passed and approved by the Judges (Powell, 
 C.J., Campbell and Boulton, JJ.), requiring all persons 
 applying for admission to the Society to give a written 
 translation in the presence of the Society of a portion 
 of one of Cicero's Orations or perform such other ex- 
 ercises as should satisfy the Society of his acquaint- 
 ance with Latin and English Composition. 2e 
 
 Unimportant as this examination was as a deter- 
 rent, it was absolutely removed by this Act: and the 
 Attorney was no longer required to pass any examina- 
 tion. The third period thus ends. 
 
 Before leaving this period, however, attention should 
 be called to the Act of 1803, 43 Geo. III., c. 3 (U.C.). 
 This recited that ' ' great inconvenience has arisen and is 
 now experienced by His Majesty's subjects in several 
 parts of this Province from a want of a sufficient num- 
 ber of persons duly authorized to practise the pro- 
 fession of the law, and unless the number can be speed- 
 ily increased, justice will in many places be with great 
 difficulty administered." The Act then proceeded to 
 empower "the Governor, Lieutenant Governor * * * or 
 person administering the government to authorize by li- 
 cence * * * such and so many of His Majesty's liege 
 subjects not exceeding six in the whole as he from 
 their probity, education and condition in life shall 
 deem fit and proper, to practise the profession of law 
 in this Province * * ." On production of the licence, 
 they were to be enrolled as Attorneys of the Court of 
 King's Bench and thereafter to be admitted members 
 of the Law Society. Before applying for licence, the 
 applicant must obtain a certificate from the Chief Jus- 
 tice (or in his absence, from the senior puisne Judge) of 
 the King's Bench that the Court was satisfied of his 
 probity and his fitness to practise as a Barrister and 
 Attorney in this Province. Five persons received a 
 licence under this Act. " 
 
16 THE BARRISTER AND THE ATTORNEY. 
 
 The Act of 1822 brought in the fourth period and at 
 length went far tp make a separation of the branches 
 of the profession. 
 
 Of course the effects were not immediate — until 
 1832 there was only one person who became an At- 
 torney and did not become a Barrister; 28 he had been 
 admitted into the Law Society in 1821. 
 
 The anticipated result not having been achieved, 
 other methods were tried. 
 
 First, in May 3, 1828, a Rule was approved which 
 did away with the necessity of a student producing 
 the certificate of the master actual or intended, to 
 whom he was or was to be articled. Then in Easter 
 Term, 11 Geo. IV., April 29th, 1830, the following reso- 
 lutions were passed by Convocation : 
 
 "It is the opinion of this Convocation that the sep- 
 aration of the two branches of the profession, that of 
 Barrister and Attorney, will materially tend to the se- 
 curing to the Province a Learned and Honourable Body 
 to assist their fellow-subjects as occasion may require 
 and to support and maintain the Constitution of the 
 said Province. 
 
 2 * * * that the Attorney General, Mr. Rolph and 
 Mr. R. Baldwin (the mover, Dr. Baldwin, was after- 
 wards substituted for the latter) be a Committee to 
 consider and digest the means and arrangements neces- 
 sary to carry into effect the foregoing resolution with 
 all the advantage and as little inconvenience as prac- 
 ticable to both branches of the profession — and that the . 
 Committee report on the subject next Term. 
 
 3 * * that the foregoing resolution be communi- 
 cated to the Judges of His Majesty's Court of King's 
 Bench and to the several Benchers throughout the 
 Province." 
 
 A temporizing resolution was voted down, which 
 was as follows : — 
 
AFTER THE ACT OF INCORPORATION. 17 
 
 "That it is expedient to enter at as early a day as 
 convenient upon the consideration of the question how 
 far the separation of the two branches of the profes- 
 sion would tend more effectually to insure to the Pro- 
 vince a learned and honourable body to assist their 
 fellow subjects as occasion may require and to support 
 and maintain the Constitution of the Province." 28 
 
 The Committee (the Attorney General, Boulton, and 
 Drs. Baldwin and Rolph) reported Trinity Term, 11 
 Geo. IV., and recommended the adoption of the fol- 
 lowing Rule: — 
 
 "That from and after the last day of this present 
 Term of Trinity, no Attorney shall be admitted to the 
 degree of Barrister of this Society so long as his name 
 shall continue upon the Roll of Attornies in any Court 
 in this Province. Provided that nothing herein con- 
 tained shall prevent any person whose name shall have 
 been heretofore or shall during this present Term be 
 entered upon the Books of this Society from being 
 called to the Bar at the expiration of the period re- 
 quired for their admission. ' ' The Report was adopted, 
 the Rule passed. 30 
 
 It was by the Treasurer, Mr. George Ridout, sub- 
 mitted to the Judges "who did not signify their plea- 
 sure thereon" at the time. The following year, Trinity 
 Term, 1 & 2 Wm. IV., July 1, 1831, the Treasurer 
 reported that "the Judges had not agreed to the draft 
 of a Rule for the division of the Profession." 31 This 
 put an end to the movement for some time. 
 
 The rule passed Hilary Term, 8 Geo. IV. January 
 11, 1828, and approved the next day by the Judges, 
 had great effect — that required all students thereafter 
 to be entered on the Books of the Society, to keep four 
 terms at least at York, within the period of their five 
 years entry; 82 this meant that every student must be a. 
 considerable time in York (Toronto) . The rule was 
 rigidly enforced, and more than one lost his year by 
 not keeping his terms properly. The result of this rule; 
 
18 THE BARRISTER AND THE ATTORNEY. 
 
 was not in itself so marked: but, July 2, 1831, the 
 Benchers passed another Rule approved by the Judges, 
 November 19, which required every candidate before he 
 was admitted as a student and before being called to 
 the. Bar, to be examined, and "upon full and strict 
 examination in open Convocation * * * found * * * 
 to be * * * duly qualified to be admitted on the Books 
 as a student-at-law or to be called to the Bar respec- 
 tively as the case may be." 
 
 The effect of these Rules was soon manifest: while 
 all Attorneys 'admitted as such before 1832 (except 
 those already mentioned) became Barristers, in 1832 
 the differentiation began to be marked. In 1832 out' of 
 11 Attorneys 3 failed to become Barristers, one of whom 
 did not, enter himself of the Law Society as a student- 
 at-law— the following years the numbers were 16, 4 and 
 2 respectively. 33 
 
 The Attorney paid no fee, passed no examination 
 and was not subject to discipline of the Law Society : 34 
 no greater temptation could be laid before the ignorant 
 aspirant. The examinations in the Law Society were 
 serious matters ; the records are full of candidates being 
 rejected — the natural result followed. 
 
 From a report presented February 8, 1840, ' it ap- 
 pears that of the number of persons admitted on the 
 Common Roll, 436, there were still 157 students — the 
 rest had graduated or dropped : of the number of Bar- 
 risters called, 247, there remained 183, of whom 148 
 were in active practice, 37 of them in Toronto. All 
 these 148 were Attorneys but -2 : there were, however, 
 119 who had been admitted members of the Society 
 who had not become Barristers but were practising as 
 Attorneys. That is, of the 267 lawyers in practice (and 
 of the 302 entitled to practise) 119 were Attorneys only 
 and 2 Barristers only — over 40% of the practising At- 
 torneys had not proceeded to the Bar, but the number 
 of practising Barristers who were not Attorneys was 
 negligible. 35 
 
AFTER THE ACT OP INCORPORATION. 19 
 
 In this year also a Bill was introduced into the 
 Legislature for the separation of the two 'branches of 
 the profession. This provided that from and after the 
 end of Easter Term 1841, no one should practise both 
 as Barrister and Attorney or Solicitor : 38 any Attorney 
 or Solicitor who wished to practise as a Barrister must 
 have his name struck off the Rolls of Attorneys and 
 (or) Solicitors: any Barrister who wished to practise 
 as an Attorney or Solicitor must cause himself to be 
 disbarred. 
 
 The Bill was introduced in the Assembly and read 
 the first time January 7 : it was ordered to be read the 
 second time on the morrow but was abandoned : no doubt 
 it was found that it could not pass. It never came up 
 in the Legislative Council and was not again heard of. 37 
 This seems to have been the last attempt in that direc- 
 tion: the first move having been frustrated by the 
 Judges, the second by the Legislature. 
 
 In the following year by a Report of Easter Term, 4 
 Vic, February 6, 1841, it appears that twenty-two had 
 been admitted Attorney during 1840 which, added to 
 the 119 already in practice as Attorneys made 141 3S 
 altogether, practising that branch of the Profession : and 
 that in addition to the 148 Barristers there were 18 
 called during the year, making 166 practising Barristers 
 in all. 
 
 Of the practising Attorneys, 292 in number, 132 were 
 not Barristers, i.e., 45% : while of, the 166 Barristers 
 only 5 were not Attorneys, i.e., 3% : or to put it in 
 another way, of the practitioners of law 297 in number, 
 161 (54%) were both, 131 (44%) were Attorneys only 
 5 (2%) Barristers only. 
 
20 THE BARRISTER AND THE ATTORNEY. 
 
 CHAPTER V. 
 
 BARRISTERS AND ATTORNEYS (OR SOLICI- 
 TORS) : OCCASION AND EFFECT OF ACT 
 OF (1857) 20 VIC, C. 63. 
 
 The increase in the number of Attorneys who were 
 not Barristers caused a great deal of dissatisfaction both 
 to the public and to the profession. 
 
 The views of many may be said to be fairly expressed 
 in the following article in the Canada Law Journal of a 
 little later date. Speaking of the admission of Attorneys 
 a writer in that journal says : — 
 
 "Existing laws afford no guarantee of fitness. A 
 young man whose only qualification for entering the 
 study of the law is ability to read and write, may be 
 articled to an attorney, spend five years copying and 
 serving papers or idly kicking his heels against the office 
 desk, or in doing the dirty work of a disreputable 
 practitioner. At the end of that time, armed with a 
 certificate of service, he claims to be sworn in as an 
 Attorney of Her Majesty's Court, and is sworn in 
 accordingly. He may know nothing whatever of pro- 
 fessional duties, may, in fact, be grossly illiterate and 
 deficient in every acquirement that would enable him 
 to act with safety and advantage for a client; and yet 
 the law entitles him, simply on proof of service under 
 articles, to the certificate enabling him, the holder, to 
 undertake the most important duties of an attorney." 
 (1855) 1 Can. Law Journal, O.S., p. 163. 
 
 An editorial in the following year, 1856, 2 Can. L.J., 
 O.S., at p. 50, after pointing out the precaution taken 
 to secure a learned Bar by an examination, preliminary 
 and final, proceeds: "The attorney is subject to no 
 examination whatever, preliminary or final. The bar- 
 rister must have proved his fitness, the fitness of the 
 attorney is presumed." 
 
OCCASION AND EFFECT OF ACT OF 1857. 21 
 
 That a large number became attorneys without being 
 called to the Bar was due beyond any question to the 
 examination the Barrister must undergo. 30 While 
 many of these attorneys were of a high type and thor- 
 oughly competent practitioners, no small number were 
 not.- The lawyer who "could not put on a gown" was 
 not infrequently classed with the "herb-doctor": too 
 frequently he did not deserve any higher rating. 
 
 The number kept increasing until in the year 1856 — 
 while out of 16 Barristers called all but 2 became attor- 
 neys — out of the 31 attorneys admitted only 7 were called 
 to the Bar during that year and only an additional 7 
 were called later, leaving 17 out of 31 (55%) who never 
 became Barristers. 
 
 This proved the finishing touch: the Legislature at 
 length gave the Law Society full jurisdiction over Attor- 
 neys as well as Barristers. In 1857, the Act 20 Vic. c. 63 
 (Can.) required the Law Society, before any person 
 should be admitted as an Attorney or Solicitor "to 
 examine and enquire by such ways and means as they 
 should think proper touching the fitness and capacity 
 of such person to act as an Attorney or Solicitor"; and 
 then and not otherwise the Judges might on production 
 of the Law Society's Certificate of fitness admit the 
 candidate as an Attorney and Solicitor. 
 
 This introduced the modern system: it still is law, 
 and just as no Court can hear a Barrister who has not 
 been called by the Society, so no Court can admit a Soli- 
 citor without the certificate 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 Bill was introduced in the Legislative Council 
 by Hon. James Patton, March 27, 1857, and he was sup- 
 ported by N Col. Prince — the Committee to which it was 
 referred was composed of Van Koughnet, Boss, Prince, 
 Boulton, Murney and Patton. It seems to have passed 
 without much opposition in the Council. Being received 
 by the Assembly, May 4, it was supported in that 
 
22 THE BARRISTER AND THE ATTORNEY. 
 
 Chamber by Attorney General Macdonald and Solicitor 
 General Smith. The third reading (with certain amend- 
 ments) was had May 16, when a division was called for : 
 72 voted for the Bill, 7 against: in the latter list, the 
 name of only one Upper Canadian lawyer appears. A 
 few trifling amendments were made in the Council and 
 concurred in by the Assembly. 
 
 There can be no possible doubt that this Bill was 
 promoted by the Law Society : and that, with a view to 
 improving the standing of the "lower branch of the 
 profession." It is not without interest to note that 
 early in the session a motion had been made in the 
 Assembly that "all British" subjects of good char- 
 acter and who have the requisite skill and ability 
 shall have the right to practise in all the Queen's 
 Courts of Law after due legal examination as to 
 their qualification": this received 11 votes against 
 63 in the negative. Of these 11, 3 voted against 
 the new Bill, one voted for it and 7 did not vote 
 — there were no lawyers in the 11. The leader in the 
 attempt to make the profession wide open, was 
 the well-known William Lyon Mackenzie, who repre- 
 sented Norfolk in the Assembly: he believed that "the* 
 career should be open to the talents," and desired to 
 make the law the same as in some of the United States. 
 
 As showing the state of the profession about the time 
 of the passing of this Act, it may be mentioned that the 
 earliest available list after the passing of the Act 
 shows that of the practising lawyers in Upper Canada, 
 518 in all, 147 had not been called to the Bar, nearly 
 30% (Canadian Almanac for 1859, pp. 45-47.) 
 
 It does not come within the limits of time I have 
 prescribed for myself to speak of the subsequent changes, 
 but it may be mentioned that of the 1870 on the list at 
 present, all but. 71 (less than 4%) are Barristers and 
 all but 42 (less than 2%%) are Solicitors. 40 
 
 The history of the profession will show the variations 
 from time to time of public opinion and the experiments 
 
OCCASION AND EFFECT OF ACT OF 1857. 23 
 
 which have been tried. The story may be thus tabu- 
 lated : 
 
 BARRISTERS. 
 
 1792 — Adoption of French Canadian System, all for 
 five years under articles, examined before the Court and 
 called both as Advocates and Attorneys. 
 
 1797 — Must be five years on Books of Law Society 
 and the same time in Barrister's Chambers. No exam- 
 ination. The five years requirement, except in special 
 cases, still continues. 
 
 1818 — Examination for admission to the Society on 
 one of Cicero's orations, etc., before the Benchers. 
 
 1825 — Examination on Latin Prose and Poetical 
 Authors, and in the Mathematics before the Benchers. 
 
 1828 — Students must keep four Terms in Court. 
 
 1831-^Formed classes for educative purposes. 
 
 1832 — And especially one atOsgoode Hall. 
 
 ATTORNEYS (OR SOLICITORS). 
 
 1792 — Adoption of French Canadian System, all for 
 five years under articles, examined before the Court and 
 called both as Advocates and Attorneys. 
 
 1797 — Must have been under Articles five years, and 
 three years on Books of the Society. No examination. 
 The five years requirement, except in special cases, still 
 continues. 
 
 1818 — Examination for admission to the Society on 
 one of Cicero's orations, etc., before the Benchers. 
 
 1822 — Attorneys, no longer members of the Law So- 
 ciety. No examination required at any time. 
 
 1857 — Must attend two terms in Court and be exam- 
 ined and certified by the Law Society. 
 
24 THE BARRISTER AND THE ATTORNEY. 
 
 NOTES TO PART I, 
 
 iWhile preparing at their request an address on the Legal 
 Profession of this Province for "The Chicago Society of Advo- 
 cates," to be delivered at their inaugural meeting, November 9, 
 1914, 1 was led to make certain historical enquiries: I have thought 
 that some of the results of these enquiries ^may not be without 
 interest to the profession in Ontario. 
 
 - This Proclamation will be found in full in the Report of 
 the Bureau of Archives for Ontario for 1906, pp. 169-171. The 
 Eeports of that Bureau are of extreme value and interest: but 
 are too little known and appreciated. Clarke became in 1797, Sir 
 Alured Clarke, K.B. As to the formation, &c, of the Province, 
 see note 8 post. 
 
 3 A well known instance of this was Lord Russell of Killowen, 
 who practised for some time in the lower order of the 
 profession with great success — he had his name struck off the 
 Roll and was called to the Bar: his success was phenomenal and 
 is a matter of history. 
 
 So far as I can discover, only one Attorney in Upper Canada 
 has had his name struck off the Roll as such — Mr. Henry Corrj 
 Eowley Becher, of London, U.C., who was both Barrister and 
 Attorney: he wished to be called to the English Bar. 
 
 4 See the address in Chicago already spoken of. 
 
 5 In the list (admittedly imperfect) in the office of the Sec- 
 Tetary of State at Ottawa of those admitted as Avocats from 1765 
 to 1784, both inclusive, 13 have English and 13 French names. The 
 well-known William Grant, afterwards Sir William Grant and 
 Master of the Rolls in England, was one of the former. See the 
 list in* an exceedingly interesting brochure, ' ' L 'Ancien Barreau 
 au Canada * * * par J. Edmond Roy, Notaire a Levis, Montreal, 
 * * * 1897" pp. 72-91 incl. 
 
 o" L Ancien Barreau au Canada," pp. 62-66 incl. 
 
 'The Proclamation (July 24th, 1788) of Lord Dorchester 
 (Sir Guy Carleton) establishing these four Districts, Luneburg, 
 Mecklenburg, Nassau and Hesse, is to be found in the Report of 
 the Ontario Bureau of Archives for 1906, pp. 157, 158 : the Courts 
 are referred to in the Dominion Archivist's Report for 1907, pp. 
 629 sqq. See the Ordinances, pp. 443 sqq., &c, &c. 
 
 sThe division of the Province of Quebec into two Provinces, 
 i.e. Upper Canada and Lower Canada, was effected by the Royal 
 prerogative — see 31 Geo. III., c. 31, the celebrated Canada Act. 
 The message sent to Parliament expressing the Royal intention is 
 to be found copied in the Ont. Arch. Report for 1906, p. 158. 
 After the passing of the Canada Act, an order in Council was 
 passed August 24th. 1791 (Ont. Arch. Rep. 1906, pp. 158 sqq.) 
 
NOTES. 25 
 
 dividing the Province of Quebec into the two Provinces and under 
 the provisions of see. 48 of the Act directing a Royal warrant to 
 authorize "the Governor or Lieutenant-Governor of the Province 
 of Quebec or the person administering the government there, to 
 fix and declare such day as they shall judge most advisable for 
 the commencement of the effect of the Legislation in the new 
 Provinces, not later than December 31st, 1791." Lord Dor- 
 chester (Sir Guy Carleton) was appointed September 12th, 1791, 
 Captain General and Governor in Chief of both Provinces, and 
 he received a Royal warrant empowering him to .fix a day for 
 the legislation becoming effective in the new Provinces (see Ont. 
 Arch. Eep. 1906, p. 168). In the absence of Dorchester, General 
 Alured Clarke, Lieutenant-Governor of the Province of Quebec, 
 issued, November 18th, 1791, a proclamation fixing Monday, 
 December 26th, 1791, as the day for the commencement of the 
 said legislation. (Ont. Arch. Eep. 1906, pp. 169-171.) Accord- 
 ingly, while technically the new Province was formed by Order in 
 Council August 24th, 1791, there was no change in administration 
 until December 26th, 1791. 
 
 9 Those who certainly received a licence were, 1, David Wil- 
 liam Smith (afterwards Sir David William Smith, Bart., a copy of 
 whose licence is to be found in King 's Bench Term Book No. 2) ; 
 2, Richard Barnes Tickell; 3, Angus McDonell (Macdonell) ; 4, 
 James Clark; 5, Allan McLean; 6, Timothy Thompson; 7, Robert 
 Isaac Dey Gray (Solicitor General) ; 8, Jacob Farrand (who at a 
 meeting of the Law Society holden 13th April, 1801, E. T. 41 
 Geo. III., describes himself as licensed pursuant to and by virtue 
 of the Act — see Records of Law Society, vol. 1, p. 6) ; 9, Nicholas 
 Hagerman; 10, William Dummer Powell, Jr.; 11, Alexander 
 Stewart; 12, Davenport Phelps (who did not sign the Roll al- 
 though his name is entered thereon) ; 13, William Birdseye Peters; 
 14, Samuel Sherwood. To these probably should be added 15, 
 Bartholomew Crannell Beardsley, who was certainly admitted on 
 the Roll and in practice before the Law Society's Act, as he took 
 part in organizing the Law Society of Upper Canada and his 
 name upon the Roll has not opposite to it, the word "admitted" 
 specially applied to those who were admitted as Attorneys under 
 the Ordinances of 1785 or the Law Society's Act of 1797. John 
 White the Attorney General, who took nearly twice as many 
 motions in the Court of King's Bench as any other practitioner 
 during the years which elapsed before the Law Society's Act 
 came into force, did not sign the Roll. Of course, he came within 
 the exception of the Ordinance of 1785 "Unless such person shall 
 have been already called to the Bar or intitled so to be and to 
 practise as an. Advocate or Attorney in some Court of Civil juris- 
 diction within some part of His Majesty's dominions" (Art. 1 
 
26 THE BARRISTER AND THE ATTORNEY. 
 
 of the Ordinance of 1785). White came out in 1792 and had 
 been called to the Bar in England before 1785. Walter 
 Eoe already mentioned, who also practised, came within the pro- 
 visions of sec. 4 of the Act and did not require a licence. Christo- 
 pher Robinson did not sign the Roll of Attorneys but he began 
 practice in the King's Bench as early as May 1, 1795: no record 
 appears of his having been admitted either in the old Province 
 or either of the new ones under the Ordinance of 1785, and he 
 does not seem to have been called to the Bar before coming to 
 Canada. It is probable that he received a licence thus making up 
 the number. Charles J. Peters, the only remaining practitioner 
 whose name appears in the King's Bench records before. the Law 
 Society's Act, was admitted 4th June, 1796, under the provisions 
 of the Ordinance. 
 
 The value of the money mentioned can be ascertained by 
 remembering that the pound is not the pound sterling unless so 
 expressed — it is the pound currency, i.e., Halifax, Quebec, Canada 
 or Provincial Currency, in which the pound is $4, the shilling 
 20 cents, etc. This was in use for more than half a century 
 after the establishment of the Province. 
 
 ioSee the Quebec Act, 1774, 14 Geo. III., c. 85, s. 7 (Imp.). 
 
 nThe institution of a Court of Equity was never lost sight 
 of: it seems to have been contemplated from the beginning and 
 was the subject of much and animated discussion. But such a 
 Court did not come into existence till 1837, when for the first 
 time in our legal history the ' ' Solicitor ' ' appears. 
 
 12 That this was the interpretation is clear from the preamble 
 to the Act of 1807, 47 Geo. III., c. 1 (U.C.), "By law no person 
 can be admitted and enrolled as an Attorney of His Majesty's 
 Court of King's Bench unless such person shall have been bound 
 by contract in writing to serve as a clerk for and during the space 
 of five years." 
 
 13 The records were burned by the Americans in the War of 
 1812 when they took York (Toronto) — the burning of the Public 
 Buildings and Records was a disgraceful act of vandalism, wholly 
 unnecessary, wholly useless. Little is heard of this or of the burn- 
 ing of Port Dover and Niagara, though no American historian 
 fails to characterize as barbarous the burning of Alexandria and 
 part of Washington, which was done explicitly in retaliation for 
 the burning of Canadian towns. 
 
 Of most of the records, copies have been obtained 'from Lon- 
 don, the Colonial office having received from the Colony a copy of 
 the Proceedings of its Parliament from time to time : the copy of 
 the Proceedings for 1797 and some others cannot be found and 
 it is conjectured that they may have been lost in transit cither 
 by capture or by shipwreck. 
 
NOTES. ' 27 
 
 "The exceedingly interesting story, of the Inns of Court 
 and Inns of Chancery may be read in Herbert's "Antiquities 
 of the Inns of Court and Chancery," 1804 London: Blackstone 
 refers to them,- Bk. I., pp. 25 sqq: see also Bk. III., pp. 26 sqq. 
 
 "The ten who were present, the five who were not but 
 received the degree of Barrister-at-Law, and the four who did 
 not receive this degree are named and some account is given of 
 them later. 
 
 1 «I have carefully considered this Rule No. 7 in the light 
 of all the surrounding circumstances and of its subsequent 
 operation: and I am unable to discover any other dbjection to 
 it from any point of view. 
 
 i"Those present were: 1, John White, Attorney General; 
 2, Robert Isaac Dey Gray, Solicitor General; 3, Angus Mae- 
 donell, Clerk of the legislative Assembly; 4, James Clark; 5, 
 William Diimmer Powell, Jr., son of Mr. (afterwards Chief) 
 Justice Powell; 6, Alexander Stewart, and 7, William Weekes, 
 who was the only other Barrister in addition to the original 
 fifteen, as yet called by the Society. Some account of these 
 is given later. 
 
 "Chief Justice Elmsley and Justices Powell and Allcock. 
 
 19 He was shot in a duel by Mr. Small, Clerk of the 
 Executive Council, whose wife "W.hite had traduced. An ac- 
 count of this and other duels will be found in 35 Canadian 
 Law Times, p. 726 (1915). (See post pp. 151, 152.) 
 
 2 »The Chief Justice was an Englishman called at the 
 Inner Temple (not the Middle Temple as stated in Bead's "Lives 
 of the Judges," p. 43) : Mr. Justice Powell was born and partially 
 educated in law at Boston, but went to England on the Revolu- 
 tion breaking out and was educated in London for an English 
 Barrister. On William Grant (afterwards Sir William Grant; 
 M.R.) leaving the Canadian Bar to practise in England, Powell 
 not yet called, came to Canada and received a license to practise. 
 On one of his visits to the mother country he was (in 1779) called 
 to the Bar at the Middle Temple. From 1789 till 1794 he was 
 Judge of the Court of Common Pleas in the District of Hesse- 
 and when the Court of Bang's Bench was constituted in 1794, 
 he was appointed a Judge of that Court. He was equally 
 familiar with French and English Law, the French and English 
 language, and has never received proper recognition for the 
 great service he rendered to the jurisprudence of Upper 
 Canada. 
 
 Mr. Justice Allcock (not "Alcoek" as it is frequently 
 written) was called to the Bar in Lincoln's Inn. 
 
28 THE BARRISTER AND THE ATTORNEY. 
 
 ziThere are a very few apparent exceptions to this state- 
 ment but in most cases they are only apparent: there are, how- 
 ever, a few real exceptions which come under special provisions. 
 
 One of the first apparent exceptions is that of William Z. 
 Cozens, an Attorney admitted November 18, 1820. The "facts 
 are as follows: — at a meeting of the Benchers of the Law 
 Society held at the Chambers of the Attorney General, D'Arcy 
 Boulton, in Trinity Term, 57 Geo. III. (1817), Henry John 
 Boulton gave notice that in the following Term would be pro- 
 posed for membership Henry Cassady, articled to Daniel "Wash- 
 burn, and Wm. Z. Cozens, articled to Jonas Jones. In Trinity 
 Term, 59 Geo. III. (1819), Henry Cassady presented himself, 
 paid his £5 admission fee, was examined and admitted to the 
 Roll, but his request that his admission be dated as of T. T., 
 57 Geo. III. or earlier than T. T., 59 Geo. III. was refused, "no 
 reason appearing to the Society for his not having sooner 
 presented .himself for admission." No further entry appears 
 of Cozens, but it is extremely likely that he was in fact ad- 
 mitted to the Law Society as a Member and the formal entry 
 on the Books overlooked, as happened not infrequently. As 
 Cozens did not become a Barrister, the omission was not dis- 
 covered, as was the omission in other instances when the student- 
 of-the-laws desired to be called. 
 
 The entry in the Term Book K.B. No. 7, Saturday, 18 
 November, 1820, Mich. Term, 1 Geo. IV., is as follows: 
 
 "William Z. Cozens produced his articles of agreement of 
 his having served upwards of three years with Jonas Jones of 
 Elizabethtown, Esqr., as an Attorney he took the oaths re- 
 quired by law and was admitted an Attorney of this Honor- 
 able Court." 
 
 Mr. Jones (afterwards Mr. Justice Jones of the King's 
 Bench) had been made a Bencher the preceding Easter Term, 
 and it is not at all probable that there was any real irregu- 
 larity — but only an omission to enter the name of Mr. Cozens 
 in the Books. (See Note 22 post.) 
 
 Mr. Cozens is the "only student whose name does not appear 
 on the Law Society's Boll at all: there are several who were 
 regularly admitted but whose names were not entered till some 
 years afterwards and some were prevented by the war from 
 being admitted. The Benchers were forced for some time to 
 intermit their regular meetings and the students so prevented 
 from being admitted were relieved by Statute. 
 
 22 An examination of the Term Books of the Court of 
 King's Bench and of the Rolls of the Court and of the Law 
 Society discloses an apparent exception in three cases. 
 
NOTES. 29 
 
 The first record in the Term Books of swearing in and 
 admission of an Attorney is of that of John Lowe Farrand, ad- 
 mitted Jany. 13, 1806, Term Book No. 2, p. 298: thereafter in 
 some cases the admissions are entered in the Term Book but 
 not invariably so. Francis X. Rocheleau admitted November 
 14, 1820, is the first of whom it is said ' ' having served upwards 
 of three years," Term Book No. 7. The same is said the same 
 day of George S. Jarvis, and on the 18th November of Wil- 
 liam Z. Cozens. But January 8, 1821, in Term Book No. 7, ap- 
 pears the name of Bobert Dickson and that he served upwards 
 of five years under articles: so in the case of James Edward 
 Small, January 13, 1821, and Andrew Norton Buell, November 
 5th, 1821, the only others whose term of service is mentioned. 
 I think there is a mere mistake in mentioning three as the 
 number of years served by the three persons mentioned in 
 Term Book No. 7: or possibly the Statute of 1815, 55 Geo. III. 
 c. 3 (U.C.) may account for only three years being actually 
 served, if such was the fact. 
 
 The real exceptions were those licensed under the Acts of 
 1794 and 1803, and practitioners who came from the mother 
 country or Lower Canada. 
 
 Of the Attorneys who in this period did not stand on the 
 Books of the Society for three years there were 
 
 Those licensed under Act of 1794 '. 11 
 
 Those licensed under Act of 1803 1 
 
 (Four others were licensed but did not sign Attorneys' 
 Roll) 
 
 English and Scottish practitioners 2 
 
 Lower Canadian 1 
 
 Admitted under special Act of Parliament ' 1. 
 
 16 
 
 The particulars of the last mentioned are as follow: — 
 John Boswell petitioned the Legislature for a Special Act 
 that he might be admitted as Barrister and Attorney: hse was 
 an Englishman and had been admitted an Attorney of the 
 Court of King's Bench in England in 1797. 
 
 A Bill was introduced for that purpose in the Assembly, 
 January 8, 1823; the Benchers meeting in the Boom of the 
 Speaker of the Assembly resolved that it was not expedient 
 that he should be called to the Bar "but that from the peculiar 
 circumstances of his case, they see no objection to his being an 
 Attorney should the Legislature deem it expedient." They 
 also directed one of their number, the Solicitor General, Henry 
 John Boulton, to apply to the Legislative Council to be heard 
 on behalf of the Law Society against the passing of the pro- 
 
30 THE BARRISTER AND THE ATTORNEY. 
 
 posed Bill: Min. Bk. No. 2, p. 73. The opposition was in vain: 
 the Bill passed (1823) 4 Geo. IV. c. 33: in Easter Term of the 
 same year Boswell gave notice of application to be admitted as a 
 Barrister (p. 77): he did so apply (p. 79), but his application 
 stood over for a more full meeting of the Society (there were 
 only four members present) : a Special meeting was called for 
 January 21, 1825, and was attended by nine Benchers who de- 
 cided that he could not "be called to the Bar before the expira- 
 tion of his five years' entry on the Books." 
 
 At a meeting held at the Chambers of the Treasurer, Dr. 
 William Warren Baldwin, E.T., 6 Geo. IV.. April 30th, 1825, at 
 which were present the Treasurer, Solicitor General Boulton, 
 Thomas Taylor (the Reporter), J. B. Macaulay and Dr. John 
 Bolph, "Doctors differed" and the Bench passed, over the 
 Treasurer's dissent, a Resolution "that the Society feel inclined 
 under the peculiar circumstances of Mr. Boswell 's case to 
 admit him to the Bar upon his presenting himself and paying 
 his fees, but that in consenting at length so far to relax their 
 former resolution they feel it proper to express their fixed 
 determination to resist all future examinations for admission 
 contrary to the existing Laws of the Province. ' ' 
 
 The Society thus having saved its face, Mr. Boswell, June 
 22, 1825, T.T., 6 Geo. IV., presented himself and was called to 
 the Bar. 
 
 The Act had made it discretionary for the Court of King's 
 Bench to admit Mr. Boswell as an Attorney — and for the 
 Society to admit him as a Barrister and to introduce him to the 
 Court as such. The Court seems to have admitted him as At- 
 torney April 24, 1823, although no record appears in the Term 
 Book (No. 8). 
 
 Boswell was of Scottish descent and distantly related to 
 the biographer of Dr. Johnson: he came to Canada in 1822 and 
 settled in Cobourg : his son, George Morss Boswell, was of 
 Counsel for some of the "Rebels" in 1838, and afterwards 
 Judge of the County Court of the United Counties of Northum- 
 berland and Durham. 
 
 23 These three were Francis Xavier Rocheleau, William Z. 
 Cozens and Isaac B. Sheek, Nos. 42, 44 and 46 on the Attorneys' 
 Roll. I have not taken any account of Attorneys who were 
 also "Advocates." 
 
 2*These are Henry John Boulton, who was articled to his 
 father, Solicitor General (afterwards Mr. Justice) Boulton, but 
 who does not seem ever to have been admitted as an Attorney; 
 Daniel Farley, articled to Daniel Hagerman, and Joseph Allan 
 McLean, articled to Allan McLean. These are Nos. 42, 83, and 
 106 on the Law Society's Common Roll, Nos. 50, 74 and 91 on 
 
NOTES. 31 
 
 the Law Society's Barristers' Roll, and Nos. 22, 49 and between 
 47 and 48 on the King's Bench Barristers' Roll. 
 
 There are also two English Barristers, one from Lower 
 Canada, and a number licensed under the' Acts of 1794 and 
 1803. Add to these Walter Roe, in practice before the Province 
 of Upper Canada was constituted. 
 
 2 o"We shall see in another connection that, as early as 1820 
 it was proposed to erect a building for the use of the Society 
 to be called "Osgoode Hall." 
 
 26 This Rule was probably due to Dr. William Warren Bald- 
 win, who always took a deep interest in the education of the 
 profession. The matter will receive detailed treatment in 
 another chapter. 
 
 The Rule does not appear in the Book of Proceedings but 
 is to be found in the Book of Rules. 
 
 2T These were 1, Dr. William Warren Baldwin of York; 2, 
 William Dickson of Niagara; 3, D'Arcy Boulton of Augusta; 4, 
 John Powell of York, and 5, William Elliott of Sandwich, all 
 admitted as members of the Law Society and created Barristers- 
 at-Law in Hilary Term, 1803. 
 
 D'Arcy Boulton was the only one of the five to sign the 
 original Roll of Attorneys, January 22, 1803: he had been ad- 
 mitted as a Student-at-Law at the Middle Temple in 1788 but 
 apparently was not "called." 
 
 A Barristers' Roll in and for the Court of King's Bench 
 was now provided for the first time, and the other four signed 
 it (a space being left for Boulton's name). He did not sign 
 this Roll, but curiously enough his son D'Arcy Boulton, Jr., 
 was the first to sign it (as No. 5) after the four already re- 
 ferred to. 
 
 The Roll is called the Barristers' Roll, but the charge and 
 oaths are for both Barrister and Attorney: — "You are called 
 to the Degree of a Barrister and to that of an Attorney. ' ' This 
 continued to be the case in the "Barristers' Roll" until the 
 Sixth Skin, beginning August 7, 1837 — where the applicant was 
 "admitted and sworn a Barrister" only, it was so entered on 
 the Roll. 
 
 Some account of the Rolls will be given in a later chapter. 
 
 ssThis was Richard Philips Hotham (No. 76 on the At- 
 torneys' Roll: No. Ill on the Common Roll of the Law Society). 
 
 29 Those in favour of the resolutions passed seem to have 
 been the Attorney General (Henry John Boulton), Dr. William 
 Warren Baldwin, Dr. John Rolph, Thomas Taylor and James 
 E. Small: opposed were the Treasurer (George Ridout) and 
 Robert Baldwin. 
 
32 THE BARRISTER AND THE ATTORNEY. 
 
 '"The division list is not given: but the adoption of the 
 Eeport, &c, was moved by Mr. Simon Washburn. 
 
 31 The, Judges were John Beverley Robinson, C.J., Levius 
 Peters Sherwood and James Buchanan Macaulay, JJ. 
 
 32The reason and effect of this Rule will be discussed in 
 another chapter. 
 
 33The following is a statement of the admissions, &c, from 
 1823:— 
 
 u 
 « 
 
 > 
 
 c 
 
 u 
 O 
 
 dS 
 
 -M O 
 
 o o 
 
 ZE 
 
 « 
 Cm u 
 
 .22 
 
 +1 V. 
 
 O rt 
 
 Zffl 
 
 « 
 
 £ -a 
 
 v. — 
 
 a a 
 
 au 
 
 
 
 1823 
 
 7 
 
 
 
 
 
 
 9 
 
 1 
 
 11 + 
 
 1824 
 
 6 
 
 
 
 
 1 
 
 17— 
 
 6 
 
 
 
 
 1825 
 
 7 
 
 
 
 
 
 
 
 8 
 
 
 
 
 1826 
 
 2 
 
 
 
 
 
 
 
 4 
 
 
 
 
 1827 
 
 11 
 
 
 
 
 
 
 
 10 
 
 
 
 
 1828 
 
 15 
 
 
 
 
 
 
 
 18 
 
 
 
 
 1829 
 
 10 
 
 
 
 
 
 
 
 7 
 
 
 
 
 1830 
 
 12 
 
 
 
 
 
 
 
 14 
 
 
 
 
 1831 
 
 None called or 
 
 admitted during 
 
 this year (annus mvrabiUs). 
 
 1832 
 
 11 
 
 1 
 
 9+ 
 
 3 
 
 27+ 
 
 8 
 
 1 
 
 12+ 
 
 1833 
 
 16 
 
 2 
 
 12+ 
 
 4 
 
 25 
 
 13 
 
 
 
 
 1834 
 
 16 
 
 2 
 
 12+ 
 
 3 
 
 18— 
 
 8 
 
 1 
 
 12 
 
 1835 
 
 17 
 
 2 
 
 12— 
 
 3 
 
 18— 
 
 13 
 
 
 
 
 1836 
 
 14 
 
 
 
 
 6 
 
 36— 
 
 14 
 
 3 
 
 22— 
 
 1837 
 
 17 
 
 5 
 
 30— 
 
 7 
 
 41+ 
 
 18 
 
 2 
 
 11+ 
 
 1838 
 
 20 
 
 3 
 
 15 
 
 5 
 
 25— 
 
 14 
 
 3 
 
 21+ 
 
 1839 
 
 30 
 
 4 
 
 13+ 
 
 5 
 
 17— 
 
 21 
 
 
 
 
 1840 
 
 23 
 
 3 
 
 13+ 
 
 6 
 
 26+ 
 
 18 
 
 2 
 
 11+ 
 
 1841 
 
 17 
 
 2 
 
 11+ 
 
 3 
 
 18— 
 
 9 
 
 
 
 
 1842 
 
 26 
 
 1 
 
 4— 
 
 1 
 
 4— 
 
 26 
 
 
 
 
 1843 
 
 15 
 
 3 
 
 20 
 
 3 
 
 20— 
 
 19 
 
 
 
 
 1844 
 
 25 
 
 2 
 
 8 
 
 5 
 
 20 
 
 15 
 
 2 
 
 13+ 
 
 1845 
 
 27 
 
 2 
 
 8— 
 
 6 
 
 22+ 
 
 19 
 
 
 
 
 1846 
 
 27 
 
 6 
 
 22+ 
 
 9 
 
 33+ 
 
 17 
 
 1 
 
 -6— 
 
 1847 
 
 36 
 
 5 
 
 13+ 
 
 7 
 
 19+ 
 
 34 
 
 1 
 
 3— 
 
 1848 
 
 40 
 
 11 
 
 28+ 
 
 18 
 
 45 
 
 24 
 
 1 
 
 4+ 
 
 1849 
 
 31 
 
 10 
 
 32+ 
 
 11 
 
 35 
 
 26 
 
 1 
 
 4— 
 
 1850 
 
 30 
 
 9 
 
 30 
 
 11 
 
 37— 
 
 17 
 
 1 
 
 6 
 
 1851 
 
 36 
 
 13 
 
 37— 
 
 14 
 
 39— 
 
 21 
 
 1 
 
 5— 
 
 1852 
 
 49 
 
 10 
 
 20+ 
 
 16 
 
 33— 
 
 24 
 
 
 
 
 1853 
 
 40 
 
 11 
 
 28— 
 
 16 
 
 40 
 
 24 
 
 1 
 
 4+ 
 
 1854 
 
 30 
 
 4 
 
 13+ 
 
 12 
 
 40 
 
 32 
 
 1 
 
 3+ 
 
 1855 
 
 39 
 
 6 
 
 15+ 
 
 13 
 
 33+ 
 
 35 
 
 3 
 
 9— 
 
 1856 
 
 31 
 
 9 
 
 30— 
 
 14 
 
 45+ 
 
 16 
 
 2 
 
 12+ 
 
NOTES. 33 
 
 34 In 1829 the Law Society expressly disclaimed the right 
 or power to deal with an Attorney as such. Upon a complaint 
 made against C.B. they referred the complainant to the Court 
 of King's Bench. In Easter Term, 10 Geo. IV., May 2, 1829, a 
 complaint was made to the Society against C. B, a Barrister and 
 Attorney, for misconduct in business conducted by him in his 
 capacity "of Attorney ; and the Society resolved that Attorneys 
 were not amenable to the Society but were to the Court of King's 
 Bench whose officers they were, for any alleged malpractice as 
 Attorneys; the Society could not act but referred the complainant 
 to the Court. 
 
 There is no need here to revive an old scandal. C. B. is 
 No. 109 on the Common Eoll and No. 92 on the Barristers' Boll 
 of the Law Society: No. 84 on the Attorneys' Boll and No. 47 
 on the Barristers' Boll of the Cotfrt. Anyone interested may 
 easily find his name. 
 
 3B The two Barristers who were not Attorneys were James 
 Christie Palmer Esten (an English Barrister, afterwards Vice 
 Chancellor), and (Hon.) William Cayley. 
 
 36 The Court of Chancery had been constituted in 1837: all 
 practitioners of the lower branch of the profession practising in 
 that Court were as such called solicitors. The Act (1837) 2 
 Wm. IV. by sec. 12 provided that "all Barristers and Attornies 
 admitted to practise in the Courts of Common Law in this 
 Province shall be permitted * * * to practise in the Court 
 of Chancery in this Province as Counsel or Solicitor, respec- 
 tively." Authority was given to the Vice Chancellor by sec. 
 22 to admit Solicitors of the High Court of Chancery in Eng- 
 land or Ireland (not exceeding six) as Solicitors in the Pro- 
 vincial Court of Chancery. I do not find that this was ever 
 acted upon. 
 
 sfThe Bill was introduced by Col. John Prince, who had 
 been made Barrister and Attorney under the authority of an 
 Act of the Legislature passed explicitly in view of his valuable 
 services during the Bebellion of 1837-8. See (1838) 1 Vic, c. 
 42 (TJ.C). The motion to read the first time was seconded by 
 Mr. Henry Sherwood afterwards Solicitor General for the 
 Province. 
 
 3sThe numbers are not correctly given in the copy of the 
 Report in the Minute Book of the Society, vol. 2, pp. 311, 312; but 
 an examination of the Bolls of the Court shows that there were 22 
 (not 30 as the copy has it) admitted that year together with 
 John Ford Maddock, admitted under the authority of the Act. 
 3 Vic, c. 29 (U.C.). Six of the Attorneys admitted, failed to 
 become Barristers at any time: and seven others were not called 
 
34 THE BARRISTER AND THE ATTORNEY. 
 
 till later years, so that of the Attorneys practising, 132 were not 
 Barristers: in 1840 of the 18 Barristers called, 2 did not become 
 Attorneys, making 5 only who were Barristers 'and not At- 
 torneys. The names of these two are John' Delmage and 
 Henry Allen. 
 
 3! >These examinations will be considered in a future chapter. 
 
 4 °From a .memorandum kindly furnished me by Mr. Bell, 
 Secretary of the Law Society — most,, if not all, of the Barristers 
 Tiave. been Solicitors, and most, if not all, the "Solicitors will 
 fcecome Barristers. 
 
PART II. 
 
 THE STUDENT, EDUCATION, 
 ADMISSION AND CALL. 
 
■ V ' ' V -v 
 
THE STUDENT, EDUCATION, 
 ADMISSION AND CALL 
 
 CHAPTER VI. 
 
 THE STUDENT, EDUCATION, ADMISSION AND 
 CALL BEFORE THE ACT OF 1822. 
 
 During the first period, the student articled to an 
 Attorney, &c., received such instruction as his master 
 chose to give Mm, and picked up law and practice as he 
 might in his office. Before he could become a practi- 
 tioner on his own account, he had to be examined by 
 some of the most able Barristers or Attorneys in the 
 presence of the Chief Justice of the Province or of two or 
 more Judges of the Courts of Common Pleas, and such 
 Chief Justice or Judges had to approve. 
 
 In Upper Canada there is no record of any such 
 examination — the first Chief Justice, Osgoode, never sat 
 in the Court of King's Bench; and the Courts of Com- 
 mon Pleas, lasting as they did till 1794, do not seem ever 
 to have seen the spectacle of the examination of a 
 student. 
 
 Of the second period, the same may be said: the one 
 person admitted to practise without a licence before the 
 Law Society's Act, was admitted after Osgoode's depar- 
 ture from the Province and before the appointment of 
 his successor Elmsley. 1 
 
 When the Law Society was organized under the Act 
 of 1797, 37 Geo. III., c. 13, it proceeded to frame Rules 
 and Regulations for its governance. 
 
 The Statute gave the name "Student of the Laws" 
 to those who were admitted on the Books of the Society : 
 and in view of the provisions that those who were to 
 
38 THE STUDENT. 
 
 become Barristers must be five years on the Books, and 
 those who were to become Attorneys, three, it is obvious 
 that this statutory title' includes both " Students-at-law " 
 and "Articled Clerks." • . • ■ .< 
 
 There were no students admitted to membership in 
 the Society hefore the coming into force of B,ule 7 
 already discussed. 2 
 
 On Monday, April 13, 1801, the first student was 
 admitted to the Books of the Society. 3 
 
 The Student passed no examination either before 
 entering into articles or before being admitted to the 
 Society : the sole judge of his ' ' education, principles and 
 habits of life" was his master or intended master. 4 Nor 
 was there any provision for the education of the student :. 
 he must rely upon what his master could and should 
 teach him and upon what he could pick up. But before 
 admission he must pay the sum of £10 ($40) : and 
 notice of application for admission must have been given 
 the previous term (* ad fin.). 
 
 When the student had been three years on the 
 Books and had completed his five years of service under 
 articles, he might present himself to the Court of King's 
 Bench and be admitted and sworn in as an Attorney, 
 paying a trifling fee to the Clerk. 
 
 When he had completed his five years on the Books 
 of the Society, he would apply to be called, pay £20 
 ($80) enter into a' Bond to pay £5 ($20)— almost 
 immediately reduced to £2 10s. ($10) — per annum so 
 long as he remained a member of the Society- arid he 
 was called as of course without examination or enquiry 
 into his qualifications. 
 
 On January 11, 1808, the fees were made £5 for each 
 existing Barrister, £5 on admission on the Books and £5 
 on Call. 
 
 In 1818 (Hilary Term, 58 Geo. III.) a rule was 
 passed that no person should be" admitted a member 
 unless he should declare to the Society upon his honour 
 
BEFORE THE ACT OF 1822. 39 
 
 that his application was to enable him to become a resir 
 dent practitioner ; but this does not seem to have received 
 the sanction of the Judges. No trace of such a declara- 
 tion appears in the early Suftimary of Provisions relat- 
 ing to Admission of Members^ in the Form of Petition, 
 prescribed, in the Book of Rules or in the Minutes of 
 the Law Society. 
 
 In Trinity Term, 59 Geo. III., 1819, Barristers were 
 required to pay two guineas 5 annually: students £10 
 on admission. 
 
 In Hilary Term, 60 Geo. III. 1820, was passed a Rule 
 in the following terms : "18th: Whereas the present state 
 of this Province affords the means- of obtaining that edu- 
 cation which is necessary to the Liberal' study and Prac- 
 tice of. the Profession of the Law and which will secure 
 to the Province a learned and honorable Body to assist 
 their fellow subjects as occasion may require and to 
 support and maintain the constitution of the Province 
 which valuable objects the Law Society of Upper Canada 
 was expressly formed to secure. It is resolved by the 
 Society that after this Term all persons presenting them- 
 selves to the Society for their approbation previous to 
 their admission upon their Books, shall be required to 
 give a written translation in the presence of the Society 
 of a portion of one of Cicero's. Orations or perform such 
 other exercise as may satisfy the Society of his acquaint- 
 ance with Latin and English composition and that no- 
 person who cannot give these proofs of a liberal educa- 
 tion shall hereafter be admitted upon their Books." 6 
 
 Before this Rule the student "presented himself to' 
 the Society for admission and paid his fees" whereupon 
 he was- admitted into the Society: thereafter he "pre- 
 sented himself to the Society for admission and * * * 
 satisfied the Society of his qualifications." 
 
 This then was the condition of the student at the 
 end of the third period when the Act of 1822 was passed. 
 He must be articled (or intended to be articled), pass 
 an examination on the subject prescribed, pay his fee: 
 
40 THE STUDENT. 
 
 thereafter, there was no supervision over him or attempt 
 to educate him by the Society and he passed no more- 
 examinations. 
 
 The students were not blind to the advantages of 
 education in and discussion of law. Some time before 
 1821 an Association was formed in Toronto called the 
 "Junior Advocates Society," composed of law students 
 — in that year this Society merged into — or rather re- 
 solved itself into — the "Advocate Society," composed 
 almost wholly of law-students (only one Barrister was 
 on its Roll of Members) ; it was occupied with Moot 
 Courts, discussion of questions of law, &c. It lasted 
 from April 2, 1821, to June 20, 1826, when it went to 
 pieces on the Call to the Bar and resignation of its most 
 active and capable member, Robert Baldwin. The min- 
 utes of its proceedings are kept at Osgoode Hall: from 
 these it appears that the students at Kingston formed a 
 similar Society in 1822, and that all the members of the 
 Society itself did not reside in Toronto, some living in 
 Kingston, Port Hope and Hallowell (Picton). 
 
 CHAPTER VII. 
 
 THE STUDENT, EDUCATION, ADMISSION AND 
 CALL AFTER THE ACT OF 1822. 
 
 The Law Society having got rid of the Attorney by 
 the Act of 1822, was not slow in raising the standard. 
 In addition to enforcing with the utmost rigour the re- 
 quirement that the Student should be occupied with 
 nothing else than law during his years of service T the 
 Society in Trinity Term, 6 Geo. IV., July 1, 1825, passed 
 the following Resolution: — 
 
 "Whereas no small injury may be done to that por- 
 tion of the youth of the country, intended for the pro- 
 fession of the Law, by confining their examination to 
 
AFTER THE ACT OP 1822. 41 
 
 Cicero's Orations and it is advisable further to promote 
 the object of the 18th Rule of this Society passed and 
 approved in Hilary Term, 60th G-eo. III. It is 
 unanimously resolved that in future the Student on his 
 examination will be expected to exhibit a general know- 
 ledge of English, Grecian and Roman History, a be- 
 coming acquaintance with one of the Ancient Latin 
 Poets as Virgil, Horace or Juvenal — and the like ac- 
 quaintance with some of the celebrated prose works of 
 the ancients such as Sallust or Cicero 's Offices, as well as 
 his Orations or any author of equal celebrity which may 
 be adopted as the Standard Books of the several District 
 Schools — and it will also be expected that the student 
 will show some reasonable portion of mathematical in- 
 struction. ' ' 
 
 It does not appear that this Rule was laid before the 
 Judges — certainly it did not meet with their approval, 
 it was not acted upon and at a meeting January 9, 1827, 
 Hilary Term, 7 Geo. 4, when the Treasurer, Dr. Baldwin, 
 called the attention of Convocation to it, ' ' the gentlemen 
 present seemed generally not to approve of enforcing or 
 following up that Resolution at present. ' ' 8 
 
 In 1828, January 11, Hilary Term, 8 Geo. IV., Convo- 
 cation decided that all students to be thereafter entered 
 should keep at least four terms during their five years' 
 entry, at York the seat of the Court of King's Bench and 
 of the Society — this Rule, No. 21, was approved the fol- 
 lowing day and had the effect of compelling all students- 
 at-law to be in residence in York for four terms: we 
 shall see in a later chapter that many of these took rooms 
 in Osgoode Hall. 
 
 The Rule was good so far as it went; but the object 
 was not fully attained of compelling the student by 
 attendance at the Court in Term to learn the practical 
 work of Court motions. Some of the students attended 
 only part of the Term: accordingly in 1831, July 1, 
 Trinity Term, 1 and 2 fm. IV., a new Rule was passed, 
 approved the next day and providing that the student 
 
42 THE STUDENT. , 
 
 must report himself personally and , in writing, to the 
 Treasurer on the. first and last days of each Term and 
 have his name entered in a Book kept. for- that purpose^- 
 in default of which he was not, to be allowed his Term. 
 This Rule was rigidly enforced and the second day of 
 Term was not considered the equivalent, of the first! as 
 students found to their sorrow. Before this, May 3, 
 1828, it was provided that the student must, in lieu of 
 the former certificate from the master to whom he was 
 or was to be articled, produce a, certificate. upon honour 
 of a Bencher or two Barristers "that the person so 
 applying for admission is personally known to him or 
 them and that such applicant is in his or their opinion 
 qualified by principles, education and habits of life to 
 become a member of the Society," Rule 22. 
 
 In 1831, July 2nd, Trinity Term, 1 & 2, "Win/ IV., a 
 Rule was passed, approved November 19, 1831, provid- 
 ing "That from and after Michaelmas Term next, no 
 person shall be admitted on the Books of the Society as 
 a student-at-law or be called to the Bar unless he shall 
 be presented to the Convocation by some Barrister and 
 shall be found upon full and. strict examination in opeii 
 Convocation by the Benchers then present to be by 
 habits, character and education duly qualified to be 
 admitted in the Books as a student- at-law or to be called 
 to the Bar respectively * * * and provided also that no 
 person shall be presented or examined unless notice in 
 writing containing the name, addition and family resi- 
 dence shall have been given in open Convocation in the 
 Term next immediately preceding * * *"' The -rule 
 also provided that no one could be called to the Bar 
 when under articles. 9 
 
 Here we have for the first time' an examination for 
 Call in addition to the matriculation examination. - 
 
 A "Standing Order" was forthwith passed that in 
 conducting. examinations for admission or Call,. no ques- 
 tions should be asked of the candidates except through 
 the Treasurer, or some Bencher named by him for the 
 
AFTER THE ACT OP 1822. 43 
 
 purpose— the intending. Barrister to present himself for 
 Call invested with his robes and bands. 
 
 Accordingly the student desiring to be admitted must 
 have notice given pf his. presentation the preceding 
 Term — it was no longer necessary to have a certificate 
 from master, Bencher or other Barristers — and attend 
 in open ■ Convocation to be examined. The curriculum 
 was not . as yet formally changed, but in Easter Term, 
 2 Wm. IV. 28 April, 1832, Drs. Baldwin and Rolph 
 with Mr. Taylor were appointed a Committee to prepare 
 a list of such books as they should think were required 
 for conducting the examination and to buy such books 
 for the Society. 
 
 In Hilary Term of the same year, all members of 
 the Society who had not received their degree (i.e., all 
 Students-at-Law) were directed to form themselves into 
 classes for the reading of Essays, disputation of points 
 1 of law either as cases or questions, discussion of gen- 
 eral', -constitutional and international law, &c, &c. The 
 class was to have a Barrister as President appointed by 
 Convocation. One of thse classes was the Trinity Class 
 which held its meetings at Osgoode Hall paying £2 10s. 
 ($10) for the privilege. This of course was just a 
 way of making the students educate themselves and each 
 other: but it had ho great success. 
 
 In Michaelmas Term of 3 Wm. IV. November 16, 
 1832, the examination of students was provided for by 
 General Order. Those who passed in as students were 
 divided into Optimes, Senior Class and Junior Class. 
 The Junior Class were. to be examined in the English 
 and Latin languages, in Mathematics and Geography or 
 History ; the Senior Class in the English and Latin lan- 
 guages, Geometry, Algebra, Moral Philosophy, or the 
 Greek language, Astronomy and History; the Optimes 
 in the English, Latin and Greek languages, in Geometry, 
 Algebra, Moral Philosophy, Metaphysics, Rhetoric and 
 the Belles Lettres, Geography, Astronomy and History. 
 No advantage was derived from the higher standing 
 
44 THE STUDENT. 
 
 except that the grade was stated in the certificate of 
 admission granted to the successful student. 
 
 If the "Optime" failed to pass he fell into the Junior 
 Class, as did the unsuccessful aspirant for the Senior 
 Class. The' examination for call was similar to that 
 passed on admission and moreover the candidate was 
 examined "in the Principles oi the Law of England, in 
 the Science of Special pleading, the Law of Evidence, 
 the Law relating to Trials at Nisi Prius and the Prac- 
 tice of the Courts." 
 
 Thereafter the records of Convocation are full of 
 instances of students being examined and passed into 
 one or other of the Classes, Optime, 'Senior or Junior: 
 there are also many failures recorded, some of the un- 
 successful being seriously taken to task by the Treasurer, 
 some coming up again and passing, some never return- 
 ing. I find no instance of an intending Barrister failing 
 on his examination for Call. 
 
 The annual fee to be paid had been reduced, 1831 
 Trinity Term, 1 & 2 Wm. IV., to lis. 8d. ($2.34) per 
 Term and was in February, 1833, further reduced to 2s. 
 6d. (50 cts.) per Term, i.e., from $9.33 per annum to 
 $2.00 per annum, the present Barrister's fee. It will 
 be convenient here to note that in 1823, the Statute 4 
 Geo. IV., c 3, which provided for the Report of Cases 
 in the King 's Bench, directed that each Attorney should 
 pay to the Law Society to go towards the Reporter's 
 Salary and before the Attorney could secure his annual 
 certificate to practise, a sum not more than four guineas 
 to be fixed by the Law Society : the Law Society fixed 
 the annual sum at £1 5s. ($5.00). This is now $15.00. 
 
SPECIAL EXAMINER. 45 
 
 CHAPTER VIII. 
 
 THE STUDENT, EDUCATION, ADMISSION AND 
 CALL— SPECIAL EXAMINER. 
 
 In Trinity Term, . 5 & 6 Vic. June 18, 1842, it was 
 decided that the examination for admission should be 
 conducted by some one competent person under the 
 direction of the Benchers : and an officer to be called 
 the examiner was to receive from each candidate 20s. 
 ($4.00). 
 
 In Michaelmas Term, 6 Vic. Aug. 2, 1842, Hugh N. 
 Gwynne, B.A. (T.C.D.) was appointed Secretary, sub- 
 Treasurer and Examiner for Matriculation out of a 
 number of applicants — the previous Secretary, James 
 M. Cawdell, had died a short time before. Thereafter 
 these examinations were conducted by Mr. Gwynne. 
 In the same Michaelmas Term, he was asked to report 
 on subjects for examination, and November 14th, 1842, 
 Hilary Term, 6 Vic, he recommended the following : — 
 
 Optime Class. The Hecuba of Euripides, the first 
 12 Books of Homer's Iliad, Horace, Sallust, Euclid (1st, 
 2nd, 3rd, 4th, 6th' and llth Books), Algebra, Trigo- 
 nometry, Bridge's Mechanics, Astronomy, History arid 
 Geography — and in Moral Philosophy, Metaphysics, 
 Rhetoric, the Belles Lettres and the English language. 
 
 The Senior Class: The Analecta Graeca Minora (or 
 if preferred, Moral Philosophy), The Odes of Horace, 
 Euclid (1st, 2nd, 3rd, 4th and 6th Books), Bridge's 
 Algebra to the end of Quadratic Equations, Astronomy, 
 English, Roman and. Grecian History, Geography and 
 the English language. 
 
 The Junior Class: Virgil's Aeneid (Books 1 and 2), 
 Euclid (Book 1), English History or Geography, and 
 the English language. 
 
 This curriculum was adopted. I do not think I 
 ever knew of a Matriculation examination differing so 
 
46 THE STUDENT. 
 
 for Honours and Pass — the course for "Optimes" is 
 particularly extensive. 
 
 In 1843, August 19, ' Michaelmas Term, 7 Vic, the 
 course for the Junior Class was changed to Horace 
 Odes (Book 1) : Euclid (Books 1, 2 and 3) : .English 
 History or Geography — an absurdly low standard: in 
 Michaelmas Term, 8 Vic, August 10, 1844, the Third 
 Book of Horace's Odes was added, and in Easter Term, 
 8 Vic, February 15, 1845, Legendre's Geometrie was 
 allowed to be substituted for Euclid at the instance of 
 Dr. MacNab, Principal of Victoria College, Cobourg. A 
 proposition to add French was made in Hilary Term, 9 
 Vic. 7 February, 1846, and referred to a committee : it 
 did ndt carry. 
 
 In the same term and year, 10 February, 1846, a new 
 arrangement was made, dividing matriculants into the 
 University Class (including graduates), the Senior 
 Class and the Junior Class — the first two Classes were 
 examined on Homer's Iliad (Book 1), Lucian, Charon, 
 Life or Dream of Lucian, and Timon; Horace, Odes; 
 in Mathematics or Metaphysics at the option, of the can- 
 didate' as follows: Mathematics,' Euclid (Books 1, 2, 3 
 and 4) ; or Legendre's Geometrie (Books 1, 2, 3 and 4) ; 
 Hind's Algebra to the end of Simultaneous Equations, 
 Metaphysics — "Walker's and Whately's Logic, Locke's 
 Essay on the Human Understanding— also Herschell's 
 Astronomy (chapters 1,3, 4 and 5) and such works in 
 Ancient and Modern History and Geography as the 
 candidate may have read. These continued, substan- 
 tially the same for many years — beyond the end of the 
 period we are. now considering. The term for Univer- 
 sity Graduates had been reduced to three years in 
 1837 under 7 Wm. IV. c. 15. The students were ex- 
 amined with much care and a large percentage were 
 rejected. 
 
LKCTUKES. 47 
 
 CHAPTER IX. 
 
 THE STUDENT'S EDUCATION— LECTURES. 
 
 The education of Students-in-the-Laws was fre- 
 quently in the mind of Convocation — as early as 1834, 
 June 28, Trinity Term, 4 & 5 Wm. IV., Convocation 
 had laid a petition before the Governor asking whether 
 in the arrangements for King's College soon to be 
 opened, a provision had been made for a Professorship 
 of Law — and asking whether the Government would give 
 reasonable aid to the Law Society if it should establish a 
 Lectureship. 
 
 The fact is that the scheme for a Provincial Uni- 
 versity 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 
 its staff a professor of Law. In 1850 the College be- 
 came the University of Toronto, and the lectures in 
 Law continued till 1853, when the Chair was abol- 
 ished. 10 The enquiry of Convocation had been in- 
 duced by a request, May 3, 1834, by the students of 
 the Trinity Class in Toronto that a Lecturer should 
 be appointed by the Law Society ■ the Committee J1 to 
 whom this request was referred could do no better 
 than pass it on (in effect) to the Province : and the 
 movement came to nothing. 
 
 The project of teaching students lay dormant for 
 some years: in Hilary Term, 12 Vic, February 17, 1849, 
 the "Osgoode Club," composed of Law Students in To- 
 ronto, again asked that a Lecturer should be appointed, 
 but to no effect — and the project again slept. 
 
 In 1854 -Trinity Term, 18 Vic, September 7, the 
 Rule was laid down that examinations for call should 
 thereafter be partly in -writing and partly oral — ques- 
 tions were prepared by three Bienchers (the Committee 
 on Examinations)- and were- printed: Provision was 
 made for a "Call with Honors" and curricula were set: 
 
48 THE STUDENT. 
 
 i 
 
 For Pass: Stephen's Commentaries, vol. ,1, Bk. 2. * 
 Blackstone's Commentaries, vol. 1, caps. 
 
 2 to 13. 
 Smith on Contracts. 
 Smith's Mercantile Law. 
 Williams on Eeal Property. 
 Goldsmith's Equity, parts 1 & 2. 
 Stephen on Pleading. 
 Taylor on Evidence. 
 Archbold's Q.B. Practice or 
 Smith's Chancery Practice. 
 Besides the Public Statutes relating to 
 
 Upper Canada and the Kules and 
 
 Orders of the Courts. 
 
 For Call with Honors in addition- 
 Stephen's Commentaries, vol. 4. 
 Byles on Bills. 
 
 Archhold's Landlord & Tenant. 
 Selwyn's Nisi Prius. 
 Smith's Leading Cases. 
 Coote on Mortgages. 
 Dart on Vendors and Purchasers. 
 "White and Tudor 's Leading Cases in 
 
 Equity. 
 Jarman on Wills. 
 Story's Conflict of Laws. 
 Story's Equity Jurisprudence and 
 Pleading. 
 
 It was plainly stated that the Society hoped soon 
 to appoint Lecturers, and that in that event attend- 
 ance on Lectures would take the place of keeping 
 Terms. 
 
 On February 16th, 1855, Hilary Term, 18 Vic, 
 Lecturers were appointed: Dr. Connor in Easter Term 
 on Mercantile Law, Mr. Wilson in Trinity Term on 
 the Law of Landlord and Tenant, Mr. Mowat in 
 Michaelmas Term on Equity Jurisprudence, and Mr. 
 Van Koughnet in Hilary Term on Eeal Property. 12 The 
 
NOTES. 49 
 
 Lectures were actually delivered; and failure to at- 
 tend even one lecture lost the student his Term. These 
 lectures continued with a change of Lecturers from 
 time to time until after the termination of this fourth 
 period : and I do not here further pursue the subject. 
 
 NOTES TO PART II. 
 
 1 Charles J. Peters was the only person before the Law 
 Society's. Act, admitted on the Boll of Attorneys without a 
 licence — this was June 4th, 1796: Elmsley was appointed Novem- 
 ber 21st, 1796. Peters could not have been examined before the 
 Chief Justice in this Province .or Judges of the Court of Com- 
 mon Pleas: there was no Chief Justice and the Courts of Com- 
 mon Pleas had been abolished. He was possibly admitted in 
 the Province of Lower Canada under the Ordinance of 1785 and 
 consequently admitted in Upper Canada under section 4 of the 
 Act of 1794, 34 Geo. III., c. 4 (U.C.). 
 
 ^William Weekes, No. 16 on the Law Society's Roll, was 
 admitted a member and a Barrister the same day. 
 
 3This was Walter Butler Wilkinson, who was articled to 
 Jacob Earrand, one of the licensees under the Act of 1794 and 
 one of the original founders of the Law Society in 1797. 
 
 ^Nominally, indeed, it must "appear to the Benchers or a 
 quorum of them that he is a fit and proper person to be ad- 
 mitted as a Student": but in fact the master's (or intended 
 master's) certificate was all that was required. There is doubt 
 whether the Student paid £5 per annum during his tutelage — 
 the probabilities are rather in favour of that having being the case. 
 The requirement that notice must have been given the previous 
 term was not insisted upon till 1803 — John Macdonell, after- 
 wards Attorney General, who was killed at Queenston Heights 
 "in the War of 1812, was the first to be so admitted after a 
 Term's notice. 
 
 BThe guinea, Canadian currency, was 21s ($4.20). 
 
 8The Benchers present when this Rule was passed were the> 
 Attorney General (John Beverley Robinson), Solicitor General! 
 Henry John Boulton, and Dr. William Warren Baldwin — prob- 
 ably the last named was the father of the Rule. 
 
 The "English Composition" of the Rule is no model to> 
 follow: the grammatical error seems to have escaped not only 
 
50 THE STUDENT. 
 
 Baldwin, a former teacher, but also the Chief Justice Powell 
 and the puisnes William Campbell and D'Arcy Boulton, all men 
 of education. , 
 
 I transcribe here a note to the Address to The Chicago 
 Society of Advocates. (See Note 1 to Part I, ante p. 24.) 
 
 "It is at least interesting to note that in examination of a 
 , candidate to practise medicine for long after this time, the 
 practice seems to have been to examine in Latin first — a sort 
 of matriculation examination — and to proceed With the profes- 
 sional subjects only if the candidate exhibited some familiarity 
 with that language. We find the Upper Canada Medical Board 
 writing the sister Boards in Montreal and Quebec in April, 
 1847:— 
 
 " 'The course this Board pursued in the examination of 
 candidates is as follows: 1st. Some acquaintance with the Latin 
 language is required. With this view, if the candidate cannot 
 construe some paragraphs of Gregory's Conspectus, a portion 
 of the Pharmacopoeia Londinensis or a Latin written prescription 
 is substituted; in the event of a total failure in these, the pro- 
 fessional examination is not proceeded in. If the Latin examina- 
 - tion is satisfactory, then follows an examination on professional 
 subjects * * * * ' 
 
 "It may seem anomalous to begin a professional examina- 
 tion with an enquiry into the knowledge of Latin possessed by 
 the candidate; but it must be borne in mind that in those days 
 everyone of education had some knowledge qf Latin — and an 
 ignorance of that language indicated, if ' it did not absolutely 
 prove, a lack of general culture." ("Examination for Licence 
 to practise Medicine^ Sixty Years Ago, ' ' Canada Lancet, June, 
 1913, by the present writer.) 
 
 The last to be entered on the Law Society's Books without 
 examination was John Muirhead, and the first to be entered after 
 examination was Marcus F. Whitehead, Nos. 82 and 86 on the 
 Common Roll (not the Barristers' Boll). 
 
 'For example, John Law, a school master in the District of 
 Gore, applied to be admitted Student, June 20th, 1825: his spon- 
 sor, Mr. Thomas Taylor (the Reporter) said that Law hoped to 
 be able to continue teaching while a St'udent-at-Law: Convoca- 
 tion refused to admit him before he should resign "his present 
 situation of Master." Two years afterwards, he resigned and 
 was admitted, and in 1834 proceeded to the, Bar and was ad- 
 mitted Attorney. 
 
 8 Those present when the Resolution was passed were the 
 Treasurer (Dr. Baldwin), Thomas Taylor (the Reporter), and 
 James Buchanan Macaulay (afterwards Chief Justice and 
 
NOTES. 51 
 
 knighted) : those at the subsequent meeting in 1827 were the 
 same Treasurer, the Solicitor General (Henry John Boulton) 
 and James Buchanan Macaulay. 
 
 8 There had never been a case in which anyone had been 
 called to the Bar when under articles — I have gone over all the 
 names with dates of Admission and Call respectively, and I find 
 no case of the kind. There was perhaps some good reason for 
 this Bule, but it is not apparent. 
 
 i°The first Professor of Law was William Hume Blake, B.A. 
 (T.C.D.), afterwards the Chancellor of Upper Canada, the father 
 of the Hons. Edward and S. H. Blake. During his illness, his 
 place was filled by Mr. (afterwards Chief Justice) Draper, and 
 Mr. (afterwards Vice Chancellor) Esten. On Blake resigning in 
 1848, he was succeeded by Skeffington Connor, LL.D. (T.C.D.), 
 who was afterwards (in 1863) a Justice of the Queen's Bench. 
 
 "The Attorney General (afterwards Vice Chancellor) 
 Robert Sympson Jameson, Dr. John Rolph and Robert Baldwin. 
 
 "Dr. SkefBngton Connor, afterwards Justice of the Queen's 
 Bench: Mr. (afterwards Sir) Adam Wilson, who became suc- 
 cessively Chief Justice of the Common Pleas and the Queen's 
 "Bench: Mr. (afterwards Sir) Oliver Mowat who became Vice 
 Chancellor, Prime Minister of Ontario and Minister of Justice 
 for Canada, finally Lieutenant-Governor of Ontario: Mr. P. M. 
 M. S. VanKoughnet, afterwards Chancellor of Upper Canada. 
 
 SUPPLEMENTARY NOTE TO PART II. 
 
 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 sit- 
 tings of the Courts at Osgoode Hall during at least two terms 
 under rules to be laid down by the Law Society.* 
 
 In August, 1859 (Trinity Term, 23 Vic), the rules were re- 
 cast. 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 
 
 •This legislation, much needed and very valuable, was due in great measure 
 to Hon. Robert Baldwin (Treasurer, 1847 and 1850-1858). 
 
52 THE STUDENT. 
 
 Modern 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 Geometrie 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 in- 
 stead of five. If he failed, unless rejected in toto, he dropped 
 into the Junior Class as was the case with an applicant for the 
 senior class. There was no other than sentimental advantage 
 in passing for the senior rather than the junior class; the time 
 was "not shortened for the member of the senior class.* 
 
 Education was now provided for all those proposing to be- 
 come Barristers. Every Student- at-Law was obliged to attend 
 (o.r^.four terms all the lectures given by the lecturers of the 
 Society, two in number, in Law and Equity respectively t, 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 
 Blackstohe's Commentaries, Bk. 1, Addison on Contracts, 
 Smith's Mercantile Law, Williams on Real Property, Story's 
 Equity Jurisprudence, Stephen on Pleading, Taylor on Evidence, 
 Byles on Bills, Public Statutes relating to Upper Canada, Plead- 
 ings and o'ther books and subjects as the Benchers or Ex- 
 aminers might prescribe, t 
 
 By this time the use of Osgoode Hall as a boarding-house 
 had come to an end, but still Articled Clerks were obliged by 
 
 *Applicants were examined in the presence of a standing committee of the 
 Benchers, but by the "Examiner for Matriculation." Mr. Hugh N. Gwynne, 
 B. A. (T. C. D.) was appointed to this office ; he had been from 1842, Secre- 
 tary and Librarian. 
 
 fThere had since 1855 been temporary lecturers appointed, but in March, 
 1858, S. H. Strong (afterwards Sir Henry Strong, Chief Justice of 
 Canada) was permanently appointed Lecturer in Equity, and J. T. Anderson, 
 Esq., in Law. ,See 4 Canada LaW Journal, 0. S., 60. Strong was one of the 
 ablest equity lawyers Canada ever produced. On the permanent establishment 
 of the Osgoode Hall Law School, it was hoped for some time that he would 
 become its first principal, but he .finally declined the offer. 
 
 $The examinations for admission were conducted orally by the "Examiner 
 for Call" in the presence of a Committee of the Benchers. Those for Call and 
 Certificate were first in writing under the supervision of the "Examiner for 
 Call" and if 50 per cent, were taken by the Candidate he then went up for 
 an oral examination by the Benchers in Convocation ; if 50 per cent, were not 
 taken, the Candidate failed. 
 
 The examinations were fairly stiff ; examples may be seen in (1860) 6 
 Can. L. J., O. S., 31, 78. Often a large percentage of those examined were 
 refused certificates ; at one examination as many as 14 out of 22 candidates, 
 nearly 65 per cent., failed. 
 
NOTES. 53 
 
 Statute to keep two terms. They did not take the lectures eb 
 Articled Glerks, 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 
 Law Society and another to its satisfaction not less than^one 
 year thereafter. 
 
 I do not stop to detail what was done under this Act as it 
 merges into that next to be mentioned. 
 
 The state of affairs was improved somewhat by that Statute, 
 but not sufficiently. In 1872 the Law Society's petition to the 
 Legislature to enable them to extend the advantages of legal edu- 
 cation was acceded to, and a new Act passed, 35 "Vic, c. 6. This 
 enabled the Soeiety 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 examina- 
 tion thereon as a prerequisite 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 Commentaries (Bb. 5 and 6); Arithmetic; Euclid (Bb. 
 1, 2 and 3) ; Outlines of Modern Geography^ History of England 
 (W. Douglas-Hamilton); English Grammar and Composition; 
 Elements of Bookkeeping. The Students-at-Law passed an ex- 
 amination on Horace, Odes (Bk. 3); Virgil's Aeneid (Bk. 6); 
 Caesar's Commentaries (Bb. 5 and 6), Cicero, Pro Milone; Ma- 
 thematics, Arithmetic, Euclid (Bb. 1, 2 and 3), Algebra to end 
 
 *This Act was promoted by the Hon. (afterwards Sir) Oliver Mowat, the 
 Prime Minister, who had been a Vice-Chancellor and took a great interest in the 
 profession ; but the matter had received long and careful consideration by the 
 Benchers, culminating in a Report by the Committee on Legal Education, 
 December 8, 1871 (Michaelmas Term, 35 Vic). The Chairman of this Com- 
 mittee was Thomas Moss, afterwards Chief Justice of Ontario ; and the Report 
 recommended an application to Parliament. The; Act of 1868 was generally 
 known as Blake's Act from its authqr, Hon. Edward Blake, Prime Minister of 
 Ontario, Member of the House of 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. 
 
54 THE STUDENT. 
 
 of Quadratic Equations; English History (W. Douglas-Hamil- 
 ton); Outlines of Modern Geography, English Grammar and 
 Composition. It will be seen that the curricula have much in 
 common, Caesar, Arithmetic, Euclid, Geography, History of Eng- 
 land, English Grammar and Composition. The Student-at-Law 
 took also Horace, Virgil, Cicero, Algebra; the Articled Clerk, 
 Bookkeeping.* There was, however, a rule that no one ad- 
 mitted as a student-at-law need pass a preliminary examination 
 as an Articled Clerk. Graduates 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 t 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 separate building for the 
 Law School; 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 corresponded 
 to the two examinations prescribed for Articled Clerks by the 
 Statute of 1868. The curriculum prescribed for each was the 
 same, namely, for the first Intermediate, Williams' Real Pro- 
 
 *These examinations were conducted by the "Examiner for Matriculation," 
 Mr. Gwynne, before a Committee of Benchers appointed for that purpose and 
 were partly ore tenus. Papers were prepared and printed in (1) Latin, (2) 
 Mathematics, (3) History, Geography, English Grammar and Composition. If 
 the candidate did not pass a satisfactory written examination he could not offer 
 himself for the oral. All distinction of Senior and Junior Class was abolished. 
 
 tThe Staff was composed of Alexander Leith, President and Lecturer in 
 Real Property ; James Bethune, Lecturer in General Jurisprudence ; Zebulon 
 A. Lash, Lecturer in Commercial and Common Law, and Charles Moss, Lecturer 
 in Equity. Mr. Leith was the well-known Real Estate Lawyer, editor of Black- 
 stone, vol. 2. Mr. Bethune became one of the most prominent men at the Bar, 
 a merAber of the Legislature, whose too early death was much lamented. Mr.~ 
 Lash (now K. C.) was afterwards Deputy Minister of Justice of the Dominion, 
 but returned to active practice and still adorns the Bar. Mr. Moss was after- 
 wards Sir Charles Moss, Chief Justice of Ontario. 
 
 In December, 1874, Mr. Bethune resigned and was succeeded by William 
 Mulock (now Sir William Mulock, Chief Justice of the Exchequer Division). 
 
 In May, 1876 (Trinity Term), the term of engagement for Lecturers was 
 made one, two, three and four years respectively, and they were made ineligible 
 for re-appointment. Mr. Moss was elected for one year and made President, 
 lecturing on Common and Commercial Law; Mr. Mulock for two, lecturing on 
 Equity ; Mr. John S. Ewart (now K. C.) for three years, lecturing on Real 
 Property, and T. D. Delamere (afterwards K. C, now deceased), for four years, 
 lecturing on Criminal Law and Law of Torts. After the abolition of the Law 
 School, Mr. Ewart for some time gave a weekly lecture on Chancery practice 
 and Mr. Delamere on Common Law practice. 
 
NOTES. 55 
 
 perty, Smith's Manual of Equity, Smith's Manual of Common 
 Law, Act respecting the Court of Chancery, Consolidated 
 Statutes of Upper Canada, chapters 12, 42 and 44. For the 
 second Intermediate, Leith 's Blackstone* ; Greenwood on Con- 
 veyancing (chapters on Agreements, Sales, Purchases, Leases, 
 Mortgages, Wills), Snell's Treatise on Equity, Broom's Com- 
 mon Law, Consolidated Statutes of Upper Canada, c. 8, Statute 
 of Canada, 29 Vic, c. 28 1; Insolvent Act. Four scholarships of 
 considerable value were established, one for students undeT one 
 year's standing, one 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, Wil- 
 liams on Personal Property, Griffith's Institutes of Equity, Con- 
 sol. Stat. U.C. cc. 12, 43; for the second, Williams on Real 
 Property, Best on Evidence, Smith on Contracts, Snell's Trea- 
 tise on Equity, the Registry Actt ; for the third, Real Pro- 
 perty, Statutes relating to Ontario, Stephen's Blackstone, Book 
 V, Byles on Bills, Broom's Legal Maxims, StoryJs Equity Juris- 
 prudence, Fisher on Mortgages, vols. 1 and 2, chapters 10, 11 
 and 12; for the fourth, Smith's Real and Personal Property, 
 Russell on Crimes, Common Law Pleading and Practice, Ben- 
 jamin on Sales, Dart on Vendors and Purchasers, Lewis's Equity 
 Pleading, Equity Pleading and Practice of this Province. 
 
 The Articled Clerk had a final 'Examination on Leith's Black- 
 stone*, Watkins on Conveyancing, Ninth Edition, Smith's Mer- 
 cantile 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 Honours, Black- 
 stone, Volume 1, Leake on Contracts, Watkins on Conveyanc- 
 ing, Story's Equity Jurisprudence, Stephen on Pleading, Lewis's 
 Equity Pleading, Dart on Vendor and Purchaser, Taylor on 
 Evidence, Byles on Bills, The Statute Law, The Pleading and 
 Practice of the Courts; and if he desired Honours, also Russell 
 on Crimes, Broom's Legal Maxims, Lindley on Partnership, 
 Fisher on Mortgages, Benjamin on Sales, Jarman on Wills, 
 
 •This was an edition of that part of Blackstone's Commentaries which 
 relates to Real Property. The Editor, Mr. Alexander Leith, Q.C., was a very 
 distinguished Real Property lawyer in Toronto, and in this work' he gave the 
 law as modified by our legislation so as -to adapt Blackstone to the circum- 
 stances of this Province ; otherwise, of course, Blackstone would be very mis- 
 leading. It has always been the policy of the Law Society to prescribe Ontario 
 books where possible. 
 
 fThat is, the Statutory law of Property and Trusts in Upper Canada. 
 Before the British America Act of 1867, the two Canadas had been for about 
 a quarter of a century united in one Province of Canada. 
 
 IThis is, the Statutory provision as to Registration of Titles to Real Estate. 
 
56 THE STUDENT. 
 
 Von Savigny's Private International Law (Guthrie's Edi- 
 tion), 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 Oc- 
 tober, 1873, and very many students availed themselves of the 
 opportunities thus given for a legal education. Students who 
 would otherwise have served their term in th,e 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 conceive the 
 very great inducement .this was to a capable and ambitious 
 student. 
 
 Finally by a vote of 8 to 4, Convocation determined,. No- 
 vember 24, 1877, Michaelmas Term, to abolish the Law School 
 from and after the last day of the succeeding Easter Term, 
 June, 1878. 
 
 This step was the subject of much discussion in the pro- 
 fession and in the press, legal and lay. All kinds of opinions 
 were expressed as to the means, but most agreed as to the 
 propriety of some form of education being provided for. It 
 had been proposed that the Law School should be affiliated 
 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, the formation of associations like the 
 Osgoode Legal and Literary Society throughout 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 direct these societies, but could only recommend. 
 Some such were formed, but they did not last long nor were' they 
 very useful while they did last. 
 
 Petitions came in from students in large numbers; and in 
 Michaelmas Term of 1881, the Society re-established the Law 
 School for a period of two years to begin December 12, 1881, 
 with four lecturers the senior of whom was to be chairman, 
 attendance still to be voluntary*. In view of the many peti- 
 
 *The Lecturers appointed were Thomas Hodgins, Q. C. (afterwards Master- 
 in-Ordinary of the Supreme Court of Judicature for Ontario), Chairman and 
 Lecturer on Constitutional Law, etc. ; Thomas D. Delamere, already mentioned, 
 who lectured on Pleading and Practice ; Joseph E. McDougall (afterwards Q. C. 
 and Judge of the County Court of the County of York) and E. Douglas Armour 
 (afterwards K. C), author of several valuable works on Real Property. 
 
NOTES. 57 
 
 tions for the re-establishment of the school, the attendance 
 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 till the early Easter 
 Term, 1884.* A proposition to establish law schools out- 
 side of Toronto failed. In Easter Term, 1884, the school was 
 continued until the last day of Easter Term, 1886. In 1887 
 the project of establishing a teaching faculty in the University 
 of Toronto 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 
 Universities.t The committee was reappointed with additional 
 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 reorgan- 
 ize 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 heretofore 
 having been also examiners. Attendance was made compulsory 
 for the first time. All Students-at-Law and Articled Clerks 
 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 
 
 *The Lecturers were Messrs. Delamere and Armour already named. W. A. 
 Reeve (afterwards Principal and a Q. C.) and Alfred H. Marsh (afterwards 
 Q. C.) 
 
 tThe scheme will be found printed at length in 24 Can. L. J., N. S., pp. 
 130 sqq. See one criticism at pp. 151-153 of the same volume ; another pp. 
 182-173. 
 
 }:The report is printed in 24 Can. L. J., N. S., at pp. 393-397 ; another 
 will be found in 25 Can. L. J., N. S., 51. 
 
 §It had been hoped to secure Mr. Justice Strong of the Supreme Court of 
 Canada for this position, but he declined, and, July 3, 1889, W. A. Reeve, 
 Q. C, was appointed Principal. 
 
 The new Principal was instructed to visit the Law Schools in New York, 
 Massachusetts and such other places as might be thought advisable, with 
 Messrs. E. Martin, Q. C, and Charles Moss, Q. C, to acquire information on 
 the Law School systems in vogue. He did so, and reported, September 3, 1889, 
 to Convocation; and the School was formally opened, October 7, 1889. The 
 Lecturers were Messrs. Marsh and Armour ; the Examiners were Mr. P. H. 
 Drayton (afterwards Official Arbitrator) and Mr. R. E. Kingsford (afterwards 
 Police Magistrate, Toronto). 
 
 When in Easter Term, 1890, the number of lecturers was increased to four, 
 Messrs. Drayton and Kingsford were appointed Lecturers, and Messrs. F. J. 
 Joseph, Ayton-Finlay and Malcolm Cameron, Examiners. 
 
58 THE STUDENT. 
 
 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 
 time the proposition had been under consideration to erect a 
 building specially for a Law School. Tenders had been ob- 
 tained as early as December, 1880, but the matter dragged. 
 It was taken up in earnest in the fall of 1889, plans were ob- 
 tained and building proceeded with in 1891 and the School 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, or a certifi- 
 cate of the further examination at the B. 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. 
 FIRST TEAR. 
 GENERAL JURISPRUDENCE. 
 
 Holland's Elements of Jurisprudence. 
 
 CONTRACTS. 
 
 Anson on Contracts. 
 
 REAL PROPERTY. 
 
 Williams on Real Property, except Parts III and VII. 
 The Land Titles Act. 
 
 COMMON LAW. 
 
 Odger's Common Law. 
 
 CONSTITUTIONAL HISTORY AND LAW. 
 
 Bourinot's Manual of the Constitutional History of Canada. 
 Lefroy's Leading Cases in Canadian Constitutional Law. 
 
 •The present Staff is as follows: 
 
 TAOULTT. 
 
 Principal: — Newman Wright Hoyles, B. A., LL. D., K. C. 
 
 Lecturers: — John King, M. A., K. C. (Emeritus), John Delatre Falcon- 
 bridge, M. A., LL. B., John Shirley Denison, K. C, Samuel Hugh Bradford, 
 B. A., K. C, Edward George Long, Esq. 
 
 Demonstrators: — Christopher Charles Robinson, B. A.; Harold William 
 Alexander Foster, LL. B. 
 
 Examiners: — Patrick Kerwin, George Franklin McFarland, LL.B., Senior 
 Examiner, John Alexander Soule, LL. B., John MacDonald Telford, Richmond 
 Wylie Hart, B.A. 
 
NOTES. 59 
 
 EQUITY. 
 
 Maitland's Lectures in Equity. 
 
 PRACTICE AND PROCEDURE. 
 
 Judicature Act and Rules of Practice. 
 
 STATUTE LAW. 
 
 Such Acts and parts of Acts as shall be prescribed by the 
 Principal. 
 
 Book-Keeping. 
 Elements of. 
 
 SECOND TEAR. 
 CRIMINAL LAW. 
 
 The Criminal Statutes of Canada. 
 
 REAL PROPERTY. 
 
 Kerr's Student's Blackstone, Book 2, Armour's Real Pro- 
 perty. 
 
 PERSONAL PROPERTY. 
 
 Williams on Personal Property. 
 
 CONTRACTS. 
 
 Pollock on Contracts. 
 
 Rawlins on Specific Performance. 
 
 Pollock on Partnership. 
 
 TORTS. 
 
 Underhill on Torts. 
 
 EQUITY. 
 
 H. A. Smith's Principles of Equity. 
 Underhill on Trusts. 
 
 EVIDENCE. 
 
 Powell on Evidence. 
 
 CONSTITUTIONAL LAW. 
 
 Lefroy's Canada's Federal System. 
 
 PRACTICE AND PROCEDURE. 
 
 Statutes, Rules and Orders relating to the jurisdiction, plead- 
 ings, practice and procedure of the Supreme Court of 
 Canada, the Exchequer Court and the Courts of Ontario. 
 
 STATUTE LAW. 
 
 Such Acts and parts of Acts as shall be prescribed by the 
 Principal. 
 
 THIRD YEAR. 
 REAL PROPERTY. 
 
 Clerke & Humphrey on Sales of Land. 
 Hawkins on Wills. 
 Armour on Titles. 
 
60 THE STUDENT. 
 
 CRIMINAL LAW. 
 
 The Criminal Statutes of Canada. 
 
 EQUITY. 
 
 Bell & Dunn on Mortgages. 
 I>e Colyar on Guarantees. 
 
 TORTS. 
 
 Pollock on Torts. 
 
 Smith on Negligence, 2nd edition. 
 
 EVIDENCE. 
 
 Best on Evidence. 
 
 COMMERCIAL LAW. 
 
 Chalmers on Sales. 
 
 Maclaren on Bills, Notes and Cheques. 
 
 PRIVATE INTERNATIONAL LAW. 
 
 Foote's Private International Jurisprudence. 
 
 CONSTRUCTION AND OPERATION OP STATUTES. 
 
 Hardcastle's Construction and Effect of Statutory Law; 
 
 PRACTICE AND PROCEDURE. . 
 
 Statutes, Rules and Orders relating to the jurisdiction, plead- 
 ing, 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, R.S.C., Chap. 79, and amendments. 
 The Winding-up Act, R.S.C., Chap. 144, and amendments. 
 Palmer's Company Law. 
 
 MUNICIPAL LAW. 
 
 The Municipal Act. 
 
 STATUTE LAW. 
 
 Such Acts and parts of Acts as shall be prescribed by the 
 Principal. 
 
 Note. — In the examinations of all the years the questions put 
 are liable to be based upon: — 
 
 (a) The text-books and statutes above mentioned. 
 
 (b) The lectures delivered by the Principal, Lecturers and 
 Demonstrators. 
 
 (c) The Special Lectures delivered by members of the pro- 
 fession and others. 
 
 NOTE. — In the examination of all the years, students are 
 subject to be examined upon the matter of the lectures of 
 those years respectively, as well as upon the text books and 
 other work prescribed. 
 
NOTES. 61 
 
 Any person who desires to qualify for the practice of the 
 law as a Barrister and Solicitor in Ontario, and who does not 
 come under the rules in special cases, is required: 
 
 1 — To be admitted into the Society as a Student-at-Law. 
 2 — To serve a practising Solicitor as his clerk for the pre- 
 scribed period. 
 
 3 — To attend lectures at the I/aw School for three years. 
 4 — To pass the prescribed examinations. 
 5 — To pay the prescribed fees. 
 
 (If he does not wish to be admitted as a Solicitor he need 
 not serve under Articles at all, but must attend a Barrister's 
 Chambers for the same £ime. This is in practice never done 
 now.) 
 
 The time of service for a graduate is three years; for a non- 
 graduate five; fee for admission to the Society is $51, school 
 fees per term $100', for call to the bar $100, and for admission 
 as Solicitor $60. The title "Attorney" has not been in use 
 since 1881, all members of that branch of the profession are 
 now called Solicitors. 
 
/ 
 
PART III. 
 
 OSGOODE HALL. 
 
OSGOODE HALL 
 
 CHAPTER X. 
 
 OSGOODE HALL, PRELIMINARY STEPS AND 
 ACQUISITION OF LOT. 
 
 The first place of meeting of the Law Society was 
 Wilson's Hotel, 1 Newark; no more than one meeting 
 seems to have been there held, July 17, 1797 ; the next 
 meeting was at York (Toronto) July 13th, 1799: and 
 all the subsequent meetings have been held at that place. 
 
 No particular place in the town is mentioned till the 
 meeting of Hilary Term, 43 Geo. III., 1803, when the 
 Society met in the Chambers of the Attorney General, 
 Thomas Scott (afterwards in 1806 made Chief Justice), 
 thereafter the Society met at the Chambers of the Attor- 
 ney General till 1808 when, February 22, it met at the 
 office of the Clerk of the Crown. In 1815 Easter Term, 
 the Chambers of the Attorney General, D Arcy Boulton 
 (afterwards Justice of the Court of King's Bench), sup- 
 plied the place of meeting, and this continued till Mich- 
 aelmas Term, 59 Geo. III., 1819, when the Society met 
 several times at the Court House, but went to the 
 Chambers of the Attorney General, John Beverley Rob- 
 inson, the same term ; then to the Chambers of the Treas- 
 urer, Henry John Boulton, who was also at the time 
 Solicitor General. The Treasurer's office was the place 
 of meeting so long as Btoulton continued to be Treasurer, 
 and the practice was kept up when in 1820 he was suc- 
 ceeded by Dr. Baldwin. 
 
 In Michaelmas Term of this year, a resolution was 
 passed ' ' That the Society do apply a sum of money not 
 exceeding five hundred pounds, in the erection of a 
 building for their use to be called "Osgoode Hall" 2 on 
 
66 OSGOODE HALL. 
 
 the area opposite the Church, lately purchased by them : 
 And that the Attorney General (John Beverley Rob- 
 inson), the Solicitor General (Henry John Boulton) and 
 Mr. Baldwin (Dr. William Warren Baldwin) be a com- 
 mittee to procure plans and estimates for the erection of 
 Osgoode Hall, to be submitted to the Society for its 
 approval on Thursday the sixteenth instant." 
 
 Nothing seems to have been done on this resolution : 
 no reports were made and no plans for building at that 
 place are extant. July 1, 1825, Trinity Term, 6 Geo. 
 IV., it was resolved "that Mr. Solicitor General (Henry 
 John Boulton), M r - Ridout (Mr. G«orge Ridout, after- 
 wards Treasurer and District Court Judge), Mr. Taylor 
 (the Reporter), Mr. Macaulay (afterwards Chief Justice 
 Sir James Buchanan Macaulay), Mr. Baldwin (Dr. W. 
 W. Baldwin), Mr. Rolph (Dr. John Rolph) and Mr. Ha- 
 german (Christopher Alexander Hagerman, afterwards 
 Solicitor General, Attorney General and Justice of the 
 King's Bench), Benchers, be a committee to enquire for 
 a lot of ground suitable for the erection of a Hall for the 
 permanent accommodation of the Society, and that any 
 four of the said gentlemen may form a quorum of such 
 committee, with leave to make application to Government 
 for a portion of the ungranted land in the Town of York 
 or its neighborhood, should any such portion be found, 
 and His Excellency the Governor be pleased to forward 
 this Public undertaking by a Grant and in the event of 
 failure of such application to receive offers of sale from 
 any individuals willing to dispose of private property 
 suited to the object. And it is further resolved that the 
 said Committee or quorum do procure plans, elevations 
 .and estimates of the neces"sary Buildings and that the 
 result of their enquiries on all these matters be laid 
 before the Society in Michaelmas Term next. ' ' 
 
 In Michaelmas. Term, 6 Geo. IV., November 15th, 
 1825, ' ' the Society recommended the carrying into effect 
 the Resolution of last Trinity Term relative to enquiry 
 for a suitable site for the erection of a Hall for the 
 
PRELIMINARY STEPS. 67 
 
 accommodation of the Society and hope the Gentlemen 
 Benchers absent on this occasion will concur in this 
 necessary measure. ' ' 
 
 At the next meeting three days afterwards, the ' ' Sub- 
 ject of a site for a Hall and the erection of suitable build- 
 ings having been taken into consideration * * * and 
 the matter discussed: it was unanimously resolved that 
 the Treasurer (Dr. Baldwin) do draw up a brief state- 
 ment of the intention of the Society immediately to 
 appropriate its funds towards the erection of a Hall and 
 its disposition to accommodate the Court of King's 
 Bench with all necessary apartments according with the 
 importance and dignity of its functions: if the funds 
 of the Society could be aided by a reasonable grant of 
 money on the part of the Province, and that the Gov- 
 ernment and Judges should approve of such a measure 
 of uniting funds in order to secure not only more imme- 
 diate and ample accommodation, but also to erect a 
 building worthy of the Province and its seat of Govern- 
 ment. That such statement be presented to the Judges 
 as soon as practicable and that the Treasurer may assure 
 them of the willingness of the Society to pledge them- 
 selves to the extent of Two Thousand Pounds towards 
 this desirable object." 3 The Statement was drawn up 
 and after approval by the Benchers was submitted to 
 the Judges in Court. 
 
 It is plain that the Government considered the pro- 
 position favourably : April 23, 1827, Easter Term, 8 Geo. 
 IV., the Treasurer, Dr. Baldwin, laid before the Society 
 a diagram proposed by the Surveyor General of the 
 Province, of a plot of ground whereon His Excellency 
 has been pleased to recommend the grant of a site for 
 the use of the Society: the Society examined the plan, 
 selected the part" they thought most suitable, and in- 
 structed the Treasurer to communicate the selection to 
 the Executive Council. 
 
 In the following Michaelmas Term, Nov. 5, 1827, the 
 Treasurer reported that he had as yet received no defi- 
 
68 OSGOODE HALL. 
 
 nite answer. After some discussion it was decided that 
 it was not prudent to proceed with the application for 
 the time being, and Attorney General Robinson was re- 
 quested to enquire how far an application for a site on 
 Russell Square * would be acceptable to the Government. 
 
 January 11th, 1828, Hilary Term, 8 Geo. IV., the 
 Attorney General was instructed to press this applica- 
 tion. No success attended the application, and in Easter 
 Term, 9 Geo. IV., April 30, 1828, the offers of Mr. Mer- 
 cer ° and the Attorney General to sell lots to the Society 
 were discussed. At the next meeting in the same Term, 
 May 2nd, 1828, "It was unanimously resolved that the 
 purchase of six acres from the Attorney General in front 
 of his Park Lot be carried into effect without delay — the 
 sum agreed for by the Society with him being one thou- 
 sand pounds ($4,000). Resolved also that the Attor- 
 ney General (John Beverley Robinson), the Solicitor 
 General (Henry John Boulton), Dr. Baldwin, Mr. 
 Ridout and Mr. Macaulay, be a Committee of Manage- 
 ment for approving a plan, making contracts and super- 
 intending the erection of a building." 
 
 CHAPTER XI. 
 OSGOODE HALL, ORIGINAL BUILDING. 
 
 On June 26, 1828, Trinity Term, 9 Geo. IV., two 
 schemes were proposed in Convocation, one by Attorney 
 General Robinson, for ' ' a Hall and building -sufficient 
 for the present purposes of the Society, not to exceed 
 £3000 ( $12,000 ), in expense and to form the Central 
 Edifice of future buildings to be extended laterally as 
 the increase of the Society may hereafter require," the 
 other advocated by Solicitor General Boulton, "a smaller 
 building, which might cost about £700 ($2,800) to be 
 built near to the Street for the present purposes of the 
 Society and at a future answering some subordinate use 
 of the Society" — the former scheme carried and plans 
 were asked for. 
 
ORIGINAL BUILDING. 69 
 
 On May 2nd, 1829, Easter Term, 10 Geo. IV., the 
 Benchers resident in York were elected a Committee to 
 superintend the erection of the building — the matter 
 was considered at many meetings, the Architect John 
 Ewart being in attendance; and at length in Trinity 
 Term, June 24, 1829, the architect was ordered to build, 
 he to procure the material, workmen, &c, and to be paid 
 a commission of 7%%. At the same meeting the Treas- 
 urer for the time being, Dr. Baldwin, and D'Arcy Boul- 
 ton, Jr., were appointed a committee to superintend the 
 building. 
 
 The project lagged: Attorney General Robinson be- 
 came Chief Justice, being followed as Attorney General 
 by Henry John Boulton : April 20th, 1830, Easter Term, 
 11 Geo. IV., "the propriety of disposing of the Law 
 Society property purchased from the Chief Justice was 
 taken into consideration — and it was unanimously re- 
 solved that the selection made for the Law Society Hall 
 is most eligible and therefore the Treasurer (George 
 Ridout) notify the contractor to complete the building 
 according to the original plan." This was done and by 
 April of next year some £1,289 ($5,156) had been 
 spent; and by November the building was so far ad- 
 vanced as to be insured for £2,000 ($8,000). 
 
 The property was not in the Town of York, that town 
 going no further north than Lot Street (now Queen 
 Street) — York was "Muddy Little York," and even in 
 November, 1831, the Society had to build a pavement 
 across King Street and Lot Street, for the use of Bar- 
 risters and others going to and from Osgoode Hall. 
 
 The Court could not sit out of York without an Act 
 of Parliament : and the site was thought too remote and 
 "out of Town." 
 
 In Michaelmas Term, 1 Wm. IV., November 1, 1830, 
 the propriety of disposing of Osgoode Hall and selecting 
 some more convenient site for the erection of buildings 
 again came up and was considered November 8th: it 
 seemed to some proper to give more time for considera- 
 tion, but a motion to that effect was voted down. Messrs. 
 
70 OSGOODE HALL. 
 
 Hagerman, Small, Washburn and Bidwell 6 thereupon 
 withdrew, and upon .motion- of Robert Baldwin it was 
 declared that the property and Hall should be the per- 
 manent home of the Society. A Rule was drawn up 
 accordingly and approved by the Judges, thereby put- 
 ting an end to the controversy. Up to November, 1828, 
 the meetings had been mainly held in the Treasurer's 
 Chambers, after that time till November, 1829, in the 
 Court House and then in the Law Society's Library 7 in 
 the Court House. 
 
 By Trinity Term, 1 & 2 Wm. IV., February 23, 1831, 
 the building was well under way; and on that day the 
 Building Committee were authorized to remove the Lib- 
 rary, Cases, Cabinets and property of the Society to 
 Osgoode Hall as soon as it was sufficiently finished — and 
 to procure the pavement of a foot path from King Street 
 to the Hall on the west side of York Street and in front 
 of the building. At the same meeting a Committee com- 
 posed of the Treasurer (George Ridout), Dr. Baldwin 
 and Mr. D'Arcy Boulton was appointed "to enquire into 
 the arrangements necessary for the regulation of the 
 new building (Osgoode Hall) with a view to the accom- 
 modation of the members of the Society, students as well 
 as others. ' ' 8 
 
 The building was completed in time for Convoca- 
 tion to sit there for the first time in 1832, February 6th, 
 Hilary Term, 2 Wm. IV. : the next day the work was 
 accepted, the architect John Ewart praised, and the Rule 
 again passed making Osgoode Hall the permanent seat 
 of the Society. 
 
 From a Report received 18th February, 1832, it ap- 
 pears that the Chief Justice had during the previous 
 session been disappointed in the Legislature which he 
 had expected to provide a fund to pay for suitable rooms 
 for the Court: that he had then approached the Gov- 
 ernor, but found that he had no money for that purpose 
 — he therefore suggested that the Law Society should 
 offer suitable accommodation for the Court and Judges, 
 
ORIGINAL BUILDING. 71 
 
 relying upon the Legislature defraying the expense of 
 furnishing the roomsand allowing a reasonable sum for 
 rent to the Society — the Society acceded to that sugges- 
 tion. The Court accordingly left the Court House where 
 it formerly sat and took possession of the rooms pro- 
 vided at Osgoode Hall on February 6th, 1832. 
 
 Even yet there was trouble about the Court, for we 
 find that, November 16, 1832, Michaelmas Term, 3 Wm. 
 IV., a Committee was appointed to make enquiry 
 whether it is the final intention of the Government to 
 remove the Court of King's Bench from Osgoode Hall 
 and to suggest negotiations. His Excellency replied that 
 "the present building, 9 now nearly finished by means 
 of a fund appropriated for that object, would afford all 
 the necessary accommodation for the Court and that 
 there could be now no occasion for entering on the con- 
 sideration of such a proposal." 
 
 The original building over the construction of which 
 Dr. Baldwin kept a vigilant eye, was part of the present 
 East Wing; it contained Chambers — rooms — for Stu- 
 dents and Barristers who could get their board also in 
 the Hall. It was occupied by students in 1832, for we 
 find in November of that year a row between students 
 there boarding receiving the attention of Convocation, 
 November 8, 1832. Mr. James Martin Cawdell, the Sec- 
 retary of the Society, was, February 17, 1832, refused 
 permission to room in the building, as he was not a mem- 
 ber of the Society, and a resolution of Hilary Term, 2 
 Wm. IV., was explicit that "no person except the officers 
 of the Society can be permitted to reside in Osgoode Hall 
 unless they be members of the Society. ' ' 
 
 A Committee of Oeconomy was provided for by 
 Order of Hilary Term, 4 Wm. IV., February, 1833, com- 
 posed of three members, of whom the Treasurer was to 
 be one — the same Order fixed the time for meals, i.e., 
 Breakfast, 8 a.m. ; Dinner, 5 p.m., and Tea, 8 p.m. — the 
 meals to remain on the table one hour. For Board and 
 Room £37 10s. ($150.00) per annum, payable , quart- 
 
72 OSGOODE HALL. 
 
 erly : for Barristers boarding during Term time, 4s. 8d. 
 (93 cents) per day or 25s. ($5.00) per week. 
 ' 'Members of the Society not living at Osgoode Hall may 
 breakfast, dine, drink tea or take luncheon at the tables 
 at the hours prescribed, at the following rates : Break- 
 fast Is. 2d. (23 cents) ; Luncheon Is. (20 cents) ; 
 Dinner Is. 6d. (30 cents); Tea Is. (20 cents) and 
 any and every member being a Barrister may call for 
 a bottle of wine at a charge of 5s. ($1.00) or a pint 
 at 2s. 6d. (50 cents)." Cards were not to be played in 
 the Hall: the Society provided a bedstead, table, two 
 chairs, one wash hand stand, one water pitcher, one 
 basin, one water pot, one candlestick and snuffers, but 
 the quarterly boarder his own bed, bedding, towels and 
 washing — no bed curtains to be allowed but woollen 
 ones. 
 
 CHAPTER XII. 
 
 OSGOODE HALL— FIRST ENLARGEMENT. 
 
 In Hilary Term, 3 Wm. IV., February, 1833, the 
 Treasurer reported tenders for enlarging the Building: 
 "building the intermediate range of Chambers between 
 the present Wing and the proposed Centre of the whole 
 * * * to afford twenty-four comfortable bed chambers 
 with stair-case and passages and eight commodious 
 offices." This was directed to be proceeded with — it 
 •formed that part of the Hall below the present Library. 
 The contract was entered into with John Ritchie to build 
 this "range of Chambers" in April, 1833. 
 
 The Chambers were run at a loss — from Hilary 
 Term, 1833, to Hilary Term, 1834, the Society lost £52 
 12s. 9d. (including indeed a wine bill of £7 12s. 3d., 
 which Mr. Ware had not paid — i.e., $30.45, also about 
 £45 ($180) left unpaid by the students). Students 
 never have been a profitable source of revenue to the 
 Society— at least not for eighty years. 
 
AFTER THE REBELLION, 73 
 
 The next year again there was a loss of £53 4s. lid. ; 
 but this year there were only seven boarders for the 
 first half-year and ten for the second. Next year not- 
 withstanding the 24 bedrooms and 8 offices, there was 
 once more a loss, this time of £116 7s. Id., due to some 
 extent to the amount paid out by the Society for 
 Beer — John Doel, the Brewer, receiving £27, against 
 the sum of £8 3s. 3y 2 d. paid to Freeland for Candles 10 — 
 the Boarding at Osgoode Hall never was made to pay. 
 
 In Trinity Term, 1 & 2 Vic, June 19, 1838, Mr. 
 Spragge (afterwards Chancellor and C.J.O.) gave no- 
 tice that he would move a committee to take into con- 
 sideration the sale of the Hall and Lot, but this came 
 to nothing. A few days before, June 16th, 1838, the 
 Treasurer reported that the Government was desirous 
 of leasing Osgoode Hall and appurtenances for the 
 troops, and a Committee was appointed to deal with 
 the matter. The arrangement was carried out, and, 
 June 23, the^Treasurer reported that he had obtained a 
 room in the Bast Wing of the Parliament Buildings 
 for the Society's meetings — there the meetings were 
 held for seven years, that is till November 15, 1845, 
 Osgoode Hall, in the meantime, being used as a bar- 
 racks or being cleaned and repaired after the soldiers. 
 
 CHAPTER XIII. 
 
 OSGOODE HALL AFTER THE REBELLION OP 
 
 1837-38. 
 
 In February, 1843, the Government gave notice of 
 giving up possession, and after a long wrangle over 
 repairs, in which it must be said the Society was very 
 sha/bbily treated by the 'Government, the Hall was 
 repaired and cleaned. 
 
 During this year, June 24, 1843, the Bishop of To- 
 ronto asked the Law Society to give him a site "for 
 
, 74 OSGOODE HALL. 
 
 the purpose of erecting thereon an elegant church 
 64 x 80"; but the Society thought they had "no 
 authority to grant any lands of the Society for the 
 purposes prayed * *." The reason given by the Bishop 
 was that there were over 7,000 souls, members of the 
 Church of England in Toronto, and only one place 
 of worship; he thought the west corner of their lot 
 would 'be most convenient, and it had ' ' been suggested 
 that the Honble. the Law Society would readily give a 
 site for said Church * *." He did ndt say why the 
 7,000 should not buy a site for themselves. 
 
 A little later, August 9th, 1843, the Building Com- 
 mittee of St. George's Church offered to lease part of 
 the western side of the Osgoode Hall grounds: the 
 offer was accepted and a Committee appointed to 
 enquire into a project of laying off Building Lots, 
 &c, &c. This came to nothing — why, does not appear; 
 the Society was willing to lease to the Church a lot 
 1.00 x 110 for 21 years, renewable, at £20 ($80) rental 
 per annum. The project of cutting up the grounds 
 into building lots came up more than once : e.g. in 
 1834, May 3, a committee was appointed to deal with 
 the matter but nothing came of it: nor of a similar 
 movement April 30, 1835: the proposition in 1846 to 
 dispose to the Home District Council for the site of a 
 Court House and Gaol, part of the lot on a lease for 
 999 years, also fell through. 
 
 Some trouble was experienced with King's College, 
 which as early as 1833 began building at the foot of 
 the Avenue, the Lodge torn down but the other day. 
 the Law Society served notice that this building inter- 
 fered with their right-of-way over Park Lane (now 
 University Street) and retained Mr. R. B. Sullivan. 
 The College disclaimed any intention to interfere with 
 the Society's rights, but the Society was inexorable. 
 In 1837 the matter was again agitated and new nego- 
 tiations were had : the dispute was in 1850 finally set- 
 tled by the College giving a deed of acknowledgment, 
 
AFTER THE REBELLION. 75 
 
 but not before John Hillyard Cameron had been re- 
 tained by the Society. 
 
 The Law Society having regained possession of 
 their premises in 1843, the question of more space was 
 pressing. So far there were only the East Wing and 
 a low range of offices, &c, west thereof, below our 
 present Library — the former building is accurately 
 described as "a plain matter-of-fact building two stor- 
 eys and a half in height." 11 
 
 After a long dispute with the Commissariat De- 
 partment, the sum of £500 was, 10th February, 1844, 
 accepted for the damage done to the buildings by the 
 troops — the damage could not be repaired for £700, 
 but there was no way of enforcing the claim. The 
 same day a Committee was appointed to look into the 
 matter of further accommodation, repairs and im- 
 provements. The Committee reported June 1st, 1844: 
 June 18 it was decided to enclose, the premises 'by "a 
 fence similar to the fence round the premises of J. S. 
 Macaulay 12 on Tonge St. : and that the fence on the 
 western side be in a line produced from a line of 
 Street on College Avenue laid out by the Chief Jus- 
 tice * *." The Society, however, thought that "in the 
 present state of the funds of the Society it is inexpedi- 
 ent at this time to erect a permanent fence on the front 
 of the property," but that they should appropriate 
 £100 annually "for a fund to build a handsome stone 
 wall and iron railing." A Committee was also named 
 to superintend the planting and improvement of the 
 grounds. 
 
76 OSGOODE HALL. 
 
 CHAPTER XIV. 
 
 OSGOODE HALL^SEOOND AND THIRD 
 ENLARGEMENTS. 
 
 I. 
 
 On August 6th and 10th, 1844, the plans for the 
 proposed addition were examined in Convocation and 
 that of Mr. Lane approved — tenders were called for 
 and subsequently approved. The work went on rapid- 
 ly ; we find by a report of the architect, Harry B. Lane, 
 considered in Michaelmas Term, 9 Vic, November 8, 
 
 1845, that the whole of the west wing was in state 
 of rapid completion, all the stone or outside work be- 
 ing finished and the painting, &c, of the inside going 
 on. He thought the whole would be ready for use in 
 the course of a month, the fittings for the Courts of 
 King's Bench and Chancery which were to be accom- 
 modated there, being nearly ready. 
 
 The Library, in the centre part of the building, 
 had been plastered, and the joiners were at work in 
 the interior. The architect calls attention "to the 
 lower part of the centre part under the Library, con- 
 sisting of a "basement and another storey, which re- 
 mains in the same state as when occupied as bar- 
 racks. ' ' 13 He suggests putting this part of the building 
 in a state of repair to be let as offices' or used other- 
 wise by the Society. 
 
 The difficulty experienced by the contractor, Mr. 
 Ritchey (Richey) in obtaining stone for the facade 
 to the East Wing had been happily overcome and the 
 architect was confident that the whole building would 
 be completed by Christmas. 
 
 The Records do not show when the work was com- 
 pleted, but in June of the following year, June 20, 
 
 1846, Easter Term, 9 & 10 Vic, the Committee of 
 Economy were authorized to let such of the apartments 
 in the Centre Building as were not required for the 
 
SECOND AND THIRD ENLARGEMENTS. 77 
 
 purposes of the Law Society. This authorization was 
 repeated November 5th, 1849. The whole original con- 
 tract was- for £6,700 ($26,800), but alterations, addi- 
 tions and improvements together with fitting up the 
 interior of the Courts, &c, swelled the account to £8,537 
 7s. Id. ($34,149.42). 
 
 Students were not boarded in Osgoode Hall after 
 the troops took possession in 1838; but we find the 
 rooms rented to members of the Society: some of them 
 did not pay their rent and, at least once, instructions 
 were given to sue them, Hilary Term, 14 Vic, Febru- 
 ary 15th, 1851. 
 
 The Building erected in 1844-1846 consisted of a 
 West Wing, like the original East Wing, and a centre 
 building (the Library) connecting the two Wings, and 
 surmounted by a low dome. Lightning rods were put 
 on in 1851 and the rooms were numbered also in the 
 same year: gas was put on in 1852. "The present high 
 price of provisions" induced the Society to give a 
 bonus to the caretaker in 1854, February 10, Hilary 
 Term, 17 Vic. — thus early H.P.L. had begun its deadly 
 work. 
 
 II. 
 
 By the organization, in 1849, of the Court of Com- 
 mon Pleas and the reorganization of the Court of 
 Chancery, a much greater demand was made for ac- 
 commodation in the Hall — there was no little friction 
 between the Government and the Courts on one hand 
 and the Law Society on the other; and at length, in 
 1855, it was determined to build an addition. It had 
 been intended to extend the West Wing northward 
 much as it is at present, but that was abandoned, and 
 ultimately the enlargement of the Centre was ap- 
 proved of June 10, 1855, Easter Term, 18 Vic. Plans 
 were obtained from Messrs. Cumberland and Storm, 
 the Society's architects, and submitted to Convocation 
 November 28th, 1856, Michaelmas Term, 20 Vic. It 
 was estimated that what was intended to be done in the 
 
78 OSGOODE HALL. 
 
 rear of the centre, providing for Courts, vaults, &c, 
 would cost £13,000 ($52,000) : the centre of the front 
 £11,000 ($44,000) : alterations of front and returns 
 of wings to complete the facade in combination, 
 £2,000 ($8,000), in all £26,000 ($104,000). The 
 plans were adopted, the architects directed to pro- 
 proceed with working plans and specifications and a 
 committee was appointed to supervise. The improve- 
 ments began without delay and the building continued 
 from 1857 to 1860, resulting in the Osgoode Hall as it 
 was before the recent improvements in the West Wing. 
 The dome was removed, a facade of cut stone set up, and 
 the interior wholly remodelled. 
 
 NOTES TO PART III. 
 
 1 Wilson's Hotel, or the British Hotel as it was also called, 
 was a frame building, a storey and a half high, on the south-east 
 comer of Queen and Gate Streets, Newark (Niagara-on-the- 
 Lake), which was standing till about half a century ago. It 
 was built and owned by John Wilson, and was well-known as a 
 meeting place, especially for the Masonic Fraternity. 
 
 2 Called after "William Osgoode, the first Chief Justice of 
 Upper Canada. One historian makes him an illegitimate son of 
 George III. (I can find no authority for the scandalous story), 
 and certainly he was -persona grata with that King. After 
 being Chief Justice of this Province 1792-1794, he became 
 Chief Justice of Lower Canada 1794-1801. He then returned to 
 England, where he died in 1824, aged 70. He left no mark on 
 our jurisprudence: he never sat in the Court of King's Bench 
 or elsewhere than a Court of Nisi Prius or Oyer and Terminer, 
 unless possibly in the Court of Appeal. 
 
 The "Church" was St. James' Church, then, as now, on the 
 north-east corner of King and Church Streets. I have not been 
 able to fix definitely the lot which the Society had bought: as 
 the Society was not yet incorporated the deed would not be in 
 its name. Probably it was on the south-east corner of King 
 and Church : but it is quite possible that the north-west corner, 
 afterwards Court House Square, is meant. 
 
 It is said that the name Osgoode Hall was suggested by 
 Attorney General Robinson. 
 
NOTES. 79 
 
 3 It is impossible not to recognize the mind and hand of Dr. 
 Baldwin in this resolution. 
 
 4 On the north-west corner of King and Simeoe Streets, oppo- ■ 
 site the former Government i House and afterwards the Upper 
 Canada College grounds: now all built upon. 
 
 °This was Andrew Mercer, who survived till 1871: his -estate 
 gave rise to the well-known Constitutional litigation, 5 S.C.R. 
 538: (1883) 8 A.C. 767. His name is rendered immortal by the 
 "Mercer Reformatory," built by the Ontario Government out 
 of part of the property he left behind — we have no means of 
 knowing whether this was or is pleasing to him or if he would 
 have liked that kind of immortality. 
 
 No record exists of the lot offered by Mr. Mercer: he lived 
 on Bay street, on the east side between Front and Wellington 
 Streets, and near the residence of the Honourable Robert Bald- 
 win in the same block. 
 
 6 Hagerman (afterwards Mr. Justice Hagerman), Small (af- 
 terwards Treasurer), Washburn (Simon Washburn, a well-known 
 Toronto Barrister), Bidwell (Marshall Spring Bidwell the Re- 
 former who, accused of treason in 1837, "abjured the Realm" 
 and went to New York). 
 
 7 Some account of the Library will be given in another 
 chapter — the Court House was on the north-west corner of King 
 and Church Streets. 
 
 s This squints at the Rule passed 11 January, 1828, requiring 
 every student-at-law to keep four Terms in York. 
 
 »The Parliament Buildings on Front Street, between John 
 and Peter Streets — Parliament had, 1829-1832, sat in the Court 
 House (begun in 1824) near the north-west corner of King and 
 Church Streets: but moved into the new building in 3832 or 1833. 
 
 if John Doel's brewery was behind his house on the lot at 
 the north-west corner of Bay and Adelaide Streets. Peter Free- 
 land had a soap and candle factory on the south side of Palace 
 (Front) Street a little east of Yonge Street Wharf. 
 
 "The custom of drinking intoxicating liquor was very gen- 
 eral and a large majority of the people used either spirits (gen- 
 erally whiskey), beer or wine at the dinner table. Even among 
 the Methodists * * * who were supposed to be teetotalers, the 
 use of beer as a beverage was quite common. In fact, Messrs. 
 John Doel, Joseph Bloor and George Rowell, all Methodists, were 
 brewers." Pearson's Recollections, &c, p. 233. (See Note 11.) 
 
 ""Toronto of Old," by the Reverend Henry Scadding, D.D. 
 (Toronto, Adam Stevenson & Co., 1873, 8vo), p. 312. The low 
 
80 OSGOODE HALL. 
 
 building running to the west, I do not find noted anywhere except 
 in ' ' Eeeollections and Records of Toronto of Old, " by W. H. Pear- 
 son (Toronto, William Briggs, 1914), p. 59. "On the West of 
 Chestnut Street was the Centre building and east wing of Os- 
 goode Hall, the west wing not having been built until a number 
 of years afterwards." Mr. Pearson is apparently speaking of 
 1839-40. 
 
 isThis was Captain John Simcoe Macaulay, son of Dr. 
 Macaulay and brother of Sir James Buchanan Macaulay, Chief 
 Justice, etc. : he married a daughter of Chief Justice Elmsley and 
 lived south of Albert Street (then Macaulay Lane). 
 
 "The troops occupying these barracks were stationed in 
 Toronto by reason of the Mackenzie Rebellion of 1837-38. 
 
PAItT IV. 
 
 THE LIBRARY. 
 
THE LIBRARY 
 
 CHAPTER XV. 
 
 BEFORE THE BUILDING OF OSGOODE HALL. 
 
 The first attempt at a library was -made at the 'meet- 
 ing 16th January, 1800, at which were present Solici- 
 * tor 'General Gray, Angus Macdonell, William Dummer 
 Powell, Jr., and William Weeks (Weekes). The At- 
 torney General, John White, had be'en killed in a duel 
 a few days before (January 4th) : at that meeting 
 it was agreed "That the Books of the late Attorney 
 General should be purchased by the Society if they 
 were to be disposed of." Nothing came of this, 1 and 
 we find in "The Oracle" of March 22nd an advertise- 
 ment by the executor of White's will, the Honourable 
 Peter Russell, 2 of the sale without reserve on April 
 11th of "all the law and other books belonging to the 
 deceased, catalogues of which will be prepared," Wil- 
 liam Cooper 3 being the auctioneer. 
 
 Nothing further was done or projected about a 
 Library for the Society for more than a quarter of 
 a century. 
 
 On April 29th, 1826, Easter Term, 4 Geo. IV., Con- 
 vocation resolved that the Treasurer (Dr. William 
 Warren Baldwin) should prepare a memorial to Sir 
 Peregrine Maitland, the Lieutenant-Governor, repre- 
 senting their desire for buildings "Wherein to transact 
 business, collect and deposit a library and to accom- 
 modate the youth studying the .prof ession, ' ' and asking 
 for a portion of the old site of the Public Buildings, 4 
 then abandoned— the Society agreed to erect such a 
 Building as should be "a credit to the Town." 
 
84 THE LIBEAKY. 
 
 The Legislative Council recommended that a grant 
 should be made of six acres : but the Law Society^ 
 January 9th, 1827, Hilary ; Term, 7 Geo. IV., deter- 
 mined to ask for between fifteen and twenty acres — 
 and the same day directed the Treasurer to obtain an 
 estimate of the expense for building the South "Wing 
 of a plan he had procured, the estimate for Portico 
 and Vestibule in one sum and' that for Hall, Library, 
 &c, in another. 
 
 On the same day it was "resolved that the Trea- 
 surer (Dr. "William Warren Baldwin), the , Attorney 
 General (John Beverley Robinson), the., Solicitor 
 General (Henry John Boulton), and Mr. Macaulay* 
 (afterwards Sir James Buchanan Macaulay, C.J.C.P.), 
 be a Committee to' determine what books shall be pur- 
 chased for the Society — not exceeding in value £200 
 ($800) and that the said committee be directed as 
 soon as convenient to procure the same." 
 
 The proposition for a grant of land to the Society 
 came to nothing : but the books were selected. The _ 
 Solicitor General went to London in the year 1827, 
 and there bought books amounting to £291 7s. 9ya<L 
 Some he sent to the Treasurer and some the Solicitor 
 General reported to the Society, November 17, 1827, he 
 still had in his possession. 
 
 The Treasurer was directed "to procure a case or 
 cases for the safekeeping • of the books and * * to 
 contract (if practicable) with the Court keeper for 
 his care of the books in a chamber of the Court House 5 
 in case permission can be obtained from the Magis- 
 trates." This was effected, as we find a resolution 
 adopted November 14th, 1828, Michaelmas Term, 9 
 Geo. IV., that after that term the Seal, Books and 
 other papers belonging to the Society should foe trans- 
 ferred "to the room occupied by the Society as a 
 Library in the Court House * * * and that in future 
 all Convocations shall be held in the Library." On 
 the same day "Mr. Taylor, the Reporter, presented the 
 
BEFORE THE BUILDING OF OSGOODE HALL. 85 
 
 Society with a copy of • his Reports — the Book was 
 received with thanks and ordered to be deposited in 
 the Library." 6 " 
 
 It does not appear when or how the Solicitor 
 General handed over to the Society the books which 
 he had not Sent to the Treasurer; but on .-November 
 3rd, 1829, Michaelmas Term, 10 Geo. IV., it was re- 
 solved that "the Treasurer (George Ridout) prepare 
 a Catalogue of the Books of the. Society and procure 
 two hundred copies of such Catalogue to be printed for 
 distribution among the profession." 
 
 December 9th, 1829, the Treasurer, George Ridout, 
 had the first Catalogue of Books belonging to the Law 
 Society of Upper Canada printed at York by Mr. R. 
 Stanton, the King's Printer. This shows the Library 
 at that time to have consisted of 264 volumes, chiefly 
 Reports. 7 
 
 November 13th, 1829, the Treasurer was~ instructed 
 to "apply to the Court for an order to deposit the 
 Statutes at Large purchased by Government for the 
 use of the Court in the Library of the Law Society." 8 
 
 On the same day the Treasurer was authorized "to 
 remove the books, cases and property of the Society to 
 as convenient a place as possible till the Hall (i.e. 
 Osgoode Hall) be fitted for their reception and * * * 
 procure another Book Case on a plan uniform with 
 the present." 
 
 In Easter Term, April 20, 1830, however, it was 
 decided not to move the books, &c, till the Hall should 
 be completed — and it was resolved "that every Book 
 required at Court be returned during the same day it 
 is borrowed, in default whereof the person neglecting 
 to do so to be restrained from taking, away any books 
 during the same term." Mr. John Ridout was in the 
 absence of the Treasurer placed in charge of the 
 Library. 
 
86 THE LIBRARY. 
 
 CHAPTER XVI. 
 
 THE LIBRARY AT OSGOODE HALL. 
 
 June 3rd, 1831, Trinity Term, 1 & 2 Wm. IV., the 
 building committee were "authorized to remove the 
 Library, Cases, Cabinet and Property of the Society 
 to Osgoode Hall as soon as the same is sufficiently fur- 
 nished. ' ' 
 
 November 19th, 1831, Michaelmas Term, 2 Wm. IV., 
 the Attorney General (Henry John Boulton) moved 
 that £200 be appropriated for the purchase of books — 
 this was "negatived in consequence of the want of 
 means," which would seem to be a sufficient reason. 
 At the next meeting, February 6th, 1832, Hilary, 2 Wm. 
 IV., which was the first meeting of Convocation in 
 Osgoode Hall, the Treasurer (George Ridout) suggest- 
 ed that if it were deemed expedient to borrow to pay 
 the debts of the Society, "a small sum might be added 
 to be appropriated to the purchase of Books more than 
 two years having elapsed since any sum had been 
 devoted to that essential object." This suggestion was 
 not acted "upon. 
 
 In the same term Dr. Baldwin presented to the 
 Society a number of books for the Library, viz. : — 
 Robertson's Charles 5th, 4 vol.; Robertson's America, 
 3 vol. ; Hume 's History of England, 8 vol. ; Paley 's 
 Philosophy, 2 vol.; Montesquieu 'Spirit of Laws, 2 vol.; 
 Duncan's Cicero, 1 vol.; Pope's Homer, 7 vol.; Pope's 
 Works, 6 vol.; Johnson's Lives of the Poets, 4 vol.; 
 the Statutes of Upper Canada as passed, originally pub- 
 lished, 5 vol. ; Statutes of Upper Canada Revised, 1 vol. ; 
 West's Simboleography, 1 vol.; Dalton's Justice of the 
 Peace, 1 vol. ; Ridgeway's Reports, H. L. Ireland, 3 vol. ; 
 Freeman's Reports, 2 vol. — 50 volumes in all. 9 It was 
 ordered that the series of Statutes should be continued 
 regularly. 
 
 The appointment of a Librarian began to be dis- 
 cussed about this time : but no one was appointed to 
 
THE LIBRARY AT OSGOODE HALL. 87 
 
 that office till Hilary Term, 2 Wm. IV., February 
 13th, 1833, when James Martin Cawdell was appointed 
 Secretary and Librarian. 
 
 In Easter Term, 2 Wm. IV., April 28, 1832, two 
 copies of Blackstone's Commentaries, two of Thompson 
 & McFarlane's late edition of the Provincial Statutes, 
 one copy of Archbold's Practice and one of Archbold's 
 Forms were directed to be bought for the Library: ex- 
 cept the last, which "could not be bought in York;" 
 these were procured before the next meeting, June 19th, 
 1832. Several books for conducting the examina- 
 tions of students were also bought at the same time, 
 Cicero, Virgil, Cffisar, Ovid, Euclid, and Ainsworth's 
 Latin Dictionary : June 29, a copy of Chance on Powers 
 was bought from Mr. Thomas Hyde for £2 5s. Sterling : 
 in February, 1833, Archibald McLean, Speaker of the 
 Legislative Assembly, presented the Journals of the 
 Second Session of the eleventh Parliament and the Chief 
 Justice (John Beverley Robinson), Speaker of the Legis- 
 lative Council, promised to move the Council to send two 
 copies of their Journals also (this was ordered 
 by the Legislative Council almost at once) : in 
 the same month it was decided to keep a bobk 
 for the registration of all gifts and benefactions to 
 the Society 10 and that there should be placed on the 
 inside of the front cover of all books presented to the 
 Library a memorandum containing the name of the 
 donor. 11 February 12th, 1833, Hilary Term, 3 Wm. 
 IV., Robert Baldwin presented Willoughby's Family 
 Bible in two volumes folio, "An edition of the Common 
 Prayer Book of the Protestant Episcopal Church of 
 England," and also a minion octavo Bible and a smaller 
 edition of the Prayer Book, "expressly for the use of 
 the House." 12 These were gratefully accepted, but 
 there is no record of "the House" ever using them. 
 
 On the same day it was decided to borrow £3,000 
 ($12,000) for building purposes, &c, and that a sum 
 of £125 ($500) out of that loan should "be applied to 
 
88 THE LIBRARY. 
 
 the augmentation of the Library. ' ' Messrs. Draper 
 (afterwards Chief Justice Draper) arid Robert Baldwin 
 were appointed a Committee to prepare a list of "Works 
 to be purchased for the; Society as far as the said £125 
 shall extend. ' ' A good list of Reports was prepared, 75 
 volumes costing (as estimated) £96 17s. — this list was 
 considered February 16th, 1833, and referred to a com- 
 mittee, who sat in vacation and approved of the list. 
 The Treasurer wrote to Solicitor G-eneral Hagerman, 
 who was then in England, to purchase the books. The 
 list will be found in Note 13. 
 
 The Books were bought by Hagerman, as appears by 
 a letter from him (dated from 31 St. James Street, Lon- 
 don, 4th January, 1833) to Dr. Baldwin, carefully boxed 
 up and consigned to Mr. McGill of Montreal — they had 
 not arrived by September (as Mr. McGill writes), nor 
 by February, 1834 (according to the Treasurer's Re- 
 port) . By this report it appears that they were shipped 
 to , the care of Messrs. Gillespie, Moff att & Co. ; and it 
 turned out that they were lost at sea. The order was 
 re-executed in the summer of 1834 and the books were 
 received in the best of order during the vacation between 
 Trinity and Michaelmas Terms of that year — the books 
 having been fully insured, the Society suffered no loss — 
 the list of books actually received varies a little from the 
 list prepared by the Committee. 13 The remainder of 
 the books continued to arrive, but subsequent orders 
 went forward so that by the end of the year 1839 there 
 were still books on order to the value of £100. 
 
 Simon Washburn, 14 in Hilary Term, 3 Wm. IV., 
 February 12, 1833, gave a number of books: Plutarch's 
 Lives, 6 vol.; British Poets, 1 vol.; Hammond's Nisi 
 Prius, 1 vol. ; do., Charter Parties, 1 vol. ; Starkie's Crim- 
 inal Pleading, 1 vol.; Barbauld's Selections, 3 vol.; Rep- 
 ertorium, 1 vol.; Watt's Logic, 1 vol.; Law of Forfei- 
 ture, 1 vol. The same day James E. Small 16 gave 
 Wood's Civil Law, 1 vol.; Ordinances of Lower Canada, 
 1 vol.; Swinburne on Wills, Edit., of 1640, 1 vol.; 
 
THE LIBRARY AT OSGOODE HALL. 89 
 
 Brownlow & Goldsborough, Edit, of 1651, Quarto, 1 vol. ; 
 Fowler's Exchequer Practice, 2 vols. 
 
 April 23rd, 1833, Chief Justice Sir William Camp- 
 bell " donated the Statutes at Large from Magna Charta 
 to near the end of the reign of George III., 28 volumes, 
 and the Encyclopaedia Brittanica, 19 volumes. 
 
 In April, 1833, Robert Baldwin Sullivan" handed 
 to the Law Society, Orfila's "Leeons de Medecine Le- 
 gale" (which of course the Secretary spells Medicine) 
 in 3 vols., which Dr. Dunlop 18 had left with him on 
 departing for England, to be presented to the Law So- 
 ciety and which Mr. Sullivan had had suitably bound. 
 On the same day Robert Baldwin presented some Parlia- 
 mentary Journals and Reports and also Willis' Equity 
 Pleadings 10 , Wilkinson's Practice 'of the Chancery of 
 Durham, and Boyer's French and English Dictionary. 
 
 May 4th, 1833, William Henry Draper (afterwards 
 Chief Justice) presented for Dr. Dunlop, Fodere's Medi- 
 cal Jurisprudence in 6 volumes. 
 
 November 7th, 1833, Hon. Augustus Baldwin 20 pre- 
 sented through his brother, the Treasurer, Dr. -Baldwin, 
 "Playf air's Baronetage of Ireland, Scotland and Eng- 
 land, 4 vol., large 4to, in boards" — this was ordered to 
 be bound in Russia. On the same day Robert Baldwin 
 presented "Goldsmith's Works, 4 vol., and Warbur- 
 ton's Sermons preached before the Honble. Society of 
 Lincoln's Inn, 2 vol." 
 
 May 3rd, 1834, John Powell 21 presented the "Year 
 Book of the Reigns of Edward V., Richard III., Henry 
 VII. and Henry VIII. " as " far more fitted for a public 
 than a private library": June 28th, 1834, William Dum- 
 mer Powell, retired Chief Justice, presented "Les Loix 
 Civiles, ' ' a fine folio, two volumes in one. 22 
 
 In addition to those already mentioned, the following 
 benefactions appear in the Register : May 10, 1833, from 
 Chief Justice Robinson, 23 Report of the Trials in Upper 
 and Lower Canada of the Offences committed in the In- 
 
90 THE LIBRARY. 
 
 dian Territory, 1 vol. 24 ; Mitford's Pleadings in Chan- 
 cery, 1 vol. ; Trial of the Regicides, 1 vol; June 22nd, 
 1833, the Library received from George S. Boulton, 
 Sullivan's Lectures. 25 No entry appears in the Register 
 after June 28th, 1834. 
 
 An application was made to Sir John Colborne, Lieu- 
 tenant Governor, in November, 1834, to ask for copies 
 of the Reports of the Records'- Commission for the So- 
 ciety: Sir John sent on the request to the Home Auth- 
 orities. This was not complied with at the time, and 
 August 5th, 1839, Michaelmas Term, 3 Vic, the Treas- 
 urer was instructed to buy for the Society at the price 
 of £15 cy. ($60) the two volumes of "The Appendix 
 fo Reports from the Commissioners appointed by His 
 Majesty respecting the Public Records of the Kingdom, 
 &c. " But almost ten years later, Trinity Term, 7 & 8 
 Vic, June 22, 1844, the Governor General 26 presented 
 "the Books published by the Record Commissioners to 
 be perpetually preserved in the Law Society's Library. 
 
 Through Robert Baldwin enquiries were made in the 
 summer of 1833 for Valpy's Classics, and it was found 
 that a complete set of the Delphin and Variorum Clas- 
 sics, 160 volumes in blue cloth and gilt lettering, could 
 be obtained for 36 guineas, originally published in 
 boards at 141 guineas: large paper copies bound in a 
 similar manner making 181 volumes at 56 guineas, orig- 
 inally published at 282 guineas. Dr. Harris, Principal 
 of Upper Canada College, who had procured this infor- 
 mation, was thanked, but the books were not then 
 ordered. 27 August 7th, 1837, Simon Washburn gave 
 the Reports of the Commissioners of Factories Inquiry 
 to be placed in the Library. 
 
REMOVED FROM OSGOODE HALL. 91 
 
 CHAPTER XVII. 
 
 THE LIBRARY— REMOVED FROM OSGOODE 
 HALL. 
 
 After the abortive rebellion of 1837 and during the 
 troublous times following it, the Government, as we have 
 seen, used Osgoode Hall as a Barracks: accordingly a 
 room was obtained for the Library in the East Wing of 
 the Parliament Buildings, which had formerly been 
 occupied by the Court of King's Bench; and beginning 
 August 6th, 1838, Convocation was held in that room 
 for a time. 
 
 At the instance of the Treasurer, Vice-Chancellor 
 Jameson, Clarendon's History of the Rebellion was or- 
 dered November 12th, 1839. 
 
 The Report of the Committee of Oeconomy presented 
 February 8th, 1840, Easter Term, 3 Vic, contained the 
 following: "That the allowance of Fifty pounds per 
 annum by .way of salary to the Sub-Treasurer, Secre- 
 tary, and Librarian, which was made by the Treasurer 
 on his own authority during the confusion consequent on 
 the late Rebellion and the subsequent occupation of 
 ■ Osgoode Hall for the public service, appears never yet 
 to have received the formal sanction of Convocation. The 
 Committee therefore recommend the subject to the con- 
 sideration of the Benchers, and in doing so beg leave to 
 call their attention to the expediency of increasing this 
 allowance which the Committee do not conceive to be 
 adequate to the duties of the united offices of Sub-Treas- 
 urer, Secretary and Librarian, all which are now per- 
 formed by the same gentleman — this has become neces- 
 sary as since the removal of the Society from Osgoode 
 Hall that officer has to find his own Chambers and Com- 
 mons, which formerly were supplied him by the Society 
 gratis." The Committee had also ordered an accurate 
 inventory of the Library to be made and valued it at 
 £800 — the financial statement showed an expenditure of 
 
92 THE LIBRARY. 
 
 £503 6s. 8d. on the Library during. 1.839, it having been 
 valued at £296, December 31, 1838. 
 
 February 8th, 1840, the Salary of Mr. Cawdell' as 
 Sub-Treasurer, Secretary and Librarian was fixed at 
 £100 ($400) per annum from January 1st of that 
 year and so long as the offices should be united. In this 
 year the system was introduced of refusing to allow any 
 of the Books to be taken out of the Library. 
 
 No expenditure was made for books in 1840 and the 
 Library continued to be valued at £8.00. 
 
 In Hilary Term, 5 Vic, November 1st, 1841, At- 
 torney General Draper gave notice of a motion to 
 appropriate £150 cy. ($600) for the improvement of 
 the Library : nothing was done that year, but February 
 19th, 1842, the matter of books to be sent for, was 
 placed in the hands of the Committee of (Economy ; and 
 that Committee were, June 25th, authorized to expend 
 "to the extent of £30" for assistance to Mr. Cawdell 
 during his illness. Mr. Cawdell died in the vacation 
 between Trinity Term, 5 & 6 Vic, and Michaelmas 
 Term. 6 Vic. ; and Mr. Maingy, who had been employed 
 by him as assistant, was placed in charge for the time 
 being. 
 
 During the lifetime of Mr. Cawdell the second 
 Catalogue of the Library was printed, showing some 
 380 volumes — this Catalogue from internal evidence 
 was almost certainly printed late in 1834 or in 1835; 
 but manuscript notes on the copy in the General 
 Library at Osgoode Hall bring the list up to 3rd March, 
 1842, when there appeared about 850 volumes. 28 
 
 Cawdell bequeathed to the Library, Crabbe's Syno- 
 nyms and Walker's Pronouncing Dictionary, which 
 were delivered by his executor, the Treasurer, Hon. 
 Levius P. Sherwood, retired Justice of the Queen's 
 Bench. In Michaelmas Term, 6 Vic, Convocation de- 
 cided to erect a monument over his grave in St. James ' 
 Churchyard, which was done. He had been an officer 
 
RETURNED, TO OSGOQDE HALL. 93 
 
 in the Imperial Army and was a man of some literary- 
 talent ; he published for a short time in Toronto a 
 Magazine, the "Rose Harp," most of its contents being 
 written by himself. He is said to have owed his situa- 
 tion in the Law Society to the friendship of James B. 
 Macaulay. 
 
 Out of a number of applicants, the Bench, August 
 2nd, 1842, Michaelmas Term, 6 Vic., selected Mr. Hugh 
 Nelson Gwynne, B.A. (T.C.D.), to succeed Mr„ Caw- 
 dell and to fill the triple office of Sub-Treasurer, 
 Librarian and Examiner for Matriculation; and a few 
 days later granted Mr. Maingy £20 for his services in 
 addition to the £20 already given him. 
 
 November 19th, 1842, Hilary Term, 6 Vic, the sum 
 of £200 was voted to increase the Library, the Trea- 
 surer (Mr. Justice Sherwood), the Vice-Chancellor 
 (Robert Sympson Jameson), and Mr. William Henry 
 (afterwards Chief Justice) Draper to be the Commit- 
 tee to select the same ; in the following August an 
 account was presented in excess of the amount appro- 
 priated but the Treasurer was directed to pay it, 
 August 12th, 1843. 
 
 CHAPTER XVIII. 
 
 THE LIBRARY— RETURNED TO OSGOODE HALL. 
 
 In Hilary Term, 7 Vic, November 15th, 1843, the 
 sum of £300 was placed at the disposal of a Committee 
 to increase the Library, the_ Treasurer (Hon. William 
 Henry Draper), Mr. (afterwards Chancellor and Chief 
 Justice) Spragge, and Mr., (afterwards Mr. Justice) 
 Burns to be the Committee. 
 
 In Easter Term, 7 & 9 Vic, June 19th, 1845, the 
 Students petitioned that the Library should be kept 
 open in the evening and the Treasurer (Vice-Chancel- 
 
94. THE LIBRARY. 
 
 lor Jameson) was directed to keep "the Lihrary open 
 two hours in the evening for the use of the students 
 members of the Society." 
 
 August 5th, 1845, Trinity Term, 9 Vic, the Com- 
 mittee of Economy ("Oeconomy" no longer appears) 
 were directed to complete the series of Reports up to 
 date and a Committee consisting of the Treasurer 
 (Vice-Chancellor Jameson), Mr. (afterwards Mr. Jus- 
 tice) Sullivan, and Mr. (George Strange) Boulton was 
 -appointed to draw up orders for the regulation of the 
 Library. I do not find that they ever drew up such 
 orders or reported to the Society in the matter. 
 
 The Library had by June 20th, 1846, become so 
 valuable that it was directed to he insured with the 
 furniture for £2,QO0 ($8,000). 
 
 The following year, February 13th, 1847, Hilary 
 Term, 10 Vic, it was resolved that the Judges of 
 the Queen's Bench and the Vice-Chancellor might take 
 books from the -Library upon a written application to 
 the Librarian, and that any barrister requiring a book 
 in Court should have the same privilege — "such book 
 to be returned immediately after the argument and 
 any person taking any book without such written ap- 
 plication or failing to return them shall be debarred 
 from the benefit of this order." 
 
 A new Committee to draw up rules and regulations 
 for the Library was appointed the same day: Messrs. 
 Spragge, Blake (afterwards Chancellor), and Esten 
 (afterwards Vice-Chancellor) . They reported June 26, 
 1847, recommending, 1 — that the Library should be 
 open from 10 a.m. to 5 p.m. , and as much later as either 
 Superior Court should sit; 2 — that no conversation 
 should be allowed; 3 — "that no person bring his hat 
 into the Library nor place his great coat, cloak, &c, on 
 any table or chair therein." Eules 4 and 5 referred 
 to taking books out of the Library, 6 and 7 prescribed 
 the duty of the Librarian, and 8 the privileges of 
 Judges and Barristers, practically the same as already 
 
RETURNED TO OSGOODE HALL. 95 
 
 mentioned — the Report was- adopted July 31, 1848. In 
 Trinity Term, 12 Vic., the Treasurer, Robert Baldwin, 
 presented to the Society for the Library 33 volumes — 
 Edicts, Royal Ordinances, Declarations and Decrees, 2 
 vol. (Decrees of Council of State of Canada before the 
 Conquest)'; Collection of Acts of Imperial Parlia- 
 ment, &c, 1760-1834, 1 vol. ; Statutes of Lower Canada, 
 1792-1836, 9 vols. ; Ordinances of Special Council in 
 Lower Canada, 1838-1841, 3 vols.; Index to Statutes 
 of Lower Canada to 1841, 1 vol. ; Journals of Canadian 
 Commons from Union to 1847, 17 vols. 
 
 He had also during the previous vacation given the 
 Librarian a copy of the Revised Statutes of Lower 
 Canada up to the Union, and some odd volumes of the 
 Journals of the House of Assembly of Upper Canada. 
 
 In September, 1850, Trinity Term, 14 Vic, the Hon- 
 ourable John Beverley Robinson presented the Society 
 with a wampum belt, which has apparently disap- 
 peared. The same day £200 was appropriated to buy 
 books for the Library, and the Treasurer (Spragge), 
 Mr. (Robert) Baldwin and Mr. (John Hillyard)- Cam- 
 eron were appointed a committee to select them — the 
 books were ordered and received, but the list is not 
 extant. The Report for the year 1850 shows an ex- 
 penditure (in addition to the £200 on Library and 
 office,) of £119 19s. l^d., but no doubt that was for 
 salaries, &c 
 
 In 1851 an expenditure of £146 6s. lOd. was made on 
 "Library and Office," which does not leave much, if 
 any, margin for books. 
 
 June 19th, 1852, an order was made "that the 
 Library of Osgoode Hall during Easter and Trinity 
 Terms be kept open from 8 o'clock in the morning 
 until 9 o'clock in the evening, and during Michaelmas 
 and Hilary Terms from 8 o 'clock in the morning until 
 5 o'clock in the evening 1 " — this was, of course, for 
 the accommodation of Counsel arguing cases in Term. 
 November 27th, 1852, the Secretary was directed to 
 
96 THE LIBRARY. 
 
 secure an estimate for lighting the Library and other 
 parts of the House with gas. 
 
 December 3rd, 1853, Michaelmas Term, 17 Vic, £100 
 was appropriated for books and a committee of Mr. 
 (afterwards Chief Justice Sir Adam) Wilson, Mr. (af- 
 terwards Chancellor) Van Koughnet, and Mr. (after- 
 wards Sir Oliver) Mowat were appointed a committee 
 to select them. 
 
 In the following year, February 16th, 1855, Hilary 
 Term, 18 Vic, the Treasurer (Robert Baldwin) was » 
 directed to order for the Library, the Law Library 
 published by S. Johnson of Philadelphia, beginning 
 with the current volume ; The Law Reporter, published 
 at Boston, beginning with the current volume, and 
 The Upper Canada Law Journal : the next day Mr. H. 
 N. Gwynne was granted £50 in addition to his salary 
 for 1855. In June, 1855, a further sum of £500 was 
 voted for books, Dr. (afterwards Mr. Justice) Con- 
 nor, Mr. (afterwards Mr. Justice) Gwynne, and Mr. 
 (afterwards Sir Oliver) Mowat being the committee. 
 
 September 8th, the following periodicals were or- 
 dered: The Irish Law and Equity Reports, The Law 
 Times and Law Times Digest, as also a Portfolio for 
 the Jurist. 
 
 November 27th, 1855, the Law Students asked that 
 the Library might be thrown open and lighted for 
 their use from 7 p.m. to 11 p.m. — Convocation ordered 
 that "Sundays and Holydays excepted" the Library 
 should be open from 8 a.m. to 10 p.m., proper light 
 and heat being provided at the expense of the Law 
 Society. The Steward was to attend and receive £10 
 extra for his services. • 
 
 A new Rule, made February 12th, 1856, closed the 
 Library at 5 o'clock on Saturday unless some Court 
 should be sitting — the same day the salary of Mr. 
 Gwynne was fixed at £175 ($700) : in 1855 an expen- 
 diture on Library and office is noted of £509 14s. 5d. 
 
NOTES. 97 
 
 In June, 1856, it was ordered that there should be 
 purchased for the Library one copy of "the Charters, 
 the Provincial Statutes and Reports of decisions of 
 the Courts of each of our Sister Colonies in the "West- 
 ern, Eastern and Southern Hemispheres ' ' ■. this was mod- 
 erately successful. The Treasurer, Robert Baldwin, 
 wrote to the Law officer of each of the Colonies, 44 in 
 number, July 14, 1856, and received a number of 
 favourable replies. 
 
 In Michaelmas Term of the same year, 1856, at a 
 meeting held November 29th, it was resolved to adopt 
 and act upon the plan of Cumberland & Storm, archi- 
 tects, involving amongst other things an expenditure 
 upon "the Centre of the Front providing the Library 
 and the remainder of the Public Offices," £11,000, sub- 
 ject to the approval of the Governor-General, which 
 was given. 29 Mr. Cumberland was allowed to borrow 
 from the Library during the time the work was going 
 on the ponderous "British Architectural Antiquities" 
 in 5 volumes. 
 
 NOTES TO PART IV. 
 
 JI have carefully examined the books in Osgoode Hall Li- 
 brary, which were published before the death of White: none of 
 them bears any trace of having been his at any time. There is 
 one, Owen's Reports (1656) which bears the signature of "R. 
 Firth" and which may have come from William Firth, the third 
 Attorney General of the Province, who got into trouble with 
 Lieutenant-Governor Gore. Another, Siderfin's Reports (1783) 
 bears the signatures of John Lowe Ferrand and Archibald Mc- 
 Lean the Chief Justice. 
 
 sPeter Russell was for a time Administrator of the Govern- 
 ment of the Province and obtained no little notoriety from the 
 custom he had of granting, as head of the Government, Crown 
 lands to himself as a private individual. He also sat at times 
 under a Special Commission as a Judge of the Court of King's 
 Bench: Mr. (afterwards Chief) Justice Powell with whom he sat 
 
98 THE LIBRARY. 
 
 states that Russell knew no law or practice, and acted as Judge 
 simply for the money there was in it — John Mills Jackson in his 
 Pamphlet "A View of the Political Situation of the Province 
 of Upper Canada, ' ' London, 1809 (a work declared by the Legis- 
 lature of Upper Canada to be a libel on the Province but con- 
 taining too much truth) speaks of him as "so infirm that he can 
 seldom attend" the sittings of the Court of Appeal of which he 
 was a member. The lands which he acquired, Jielluo agrorum; 
 passed on his death to his sister, from whom they went to Dr. 
 William Warren Baldwin and his family. 
 
 sWilliam Cooper was a man of some prominence in those 
 days: and was afterwards the proprietor of Cooper's Wharf at 
 the foot of Church Street, later known as Maitland's and Sylves- 
 ter's Wharf. Of course there was at that time no Esplanade and 
 the wharf ran out from the beach. Robertson's Land Marks of 
 Toronto, vol. 1, p. 245. 
 
 *These were at the foot of Berkeley Street on a site now 
 occupied by the Gas-Works. The original Public Buildings on 
 the same site were built in 1794-5 and were of brick: burnt by 
 the Americans in 1813, they were replaced in 1818 by buildings 
 also of brick, which were burnt in 1824, December 20th. The next 
 Parliament Buildings were on Front Street, between John and 
 Perer Streets. 
 
 =>The Court House at that time stood in "Court House 
 Square," in the block north of King St. and between Toronto 
 and Church Streets (built in 1824-26 with the adjoining Jail). 
 
 eThis volume is still in the ownership of the Law Society, 
 preserved with religious care under lock and key. Another copy 
 of the same edition, also owned by the Society, was the property 
 of Chief Justice Archibald McLean. 
 
 7 This Catalogue is exceedingly rare: I have been able to find 
 only one copy. It is in the custody of the Librarian at Osgoode 
 Hall: it is of two pages of print, foolscap size, and has the 
 blank leaf attached. It seems to have been folded for delivery 
 and is addressed "To D'Arcy Boulton, Jr., Esq., Bencher L.S., 
 &c, &c, &c. " I add here a copy: — 
 
 A CATALOGUE 
 
 OF 
 
 BOOKS, 
 
 BELONGING TO THE LAW SOCIETY, 
 
 OF UPPEE CANADA. 
 
NOTES. 
 
 99 
 
 A. Yols. 
 
 Aleyn's Reports 1 
 
 Anstruther's Reports 3 
 
 Ambler's Reports 1 
 
 Anderson's Reports 1 
 
 Andrews' Reports 1 
 
 Adams' Reports 2 
 
 B. 
 
 Bacon's (Lord) "Works 10 
 
 Barnardiston's Reports 2 
 
 Barnardiston 's Reports in 
 
 Chancery 1 
 
 Barnewall & Alderson's Re- 
 ports 5 
 
 Barnewall & Cresawell's Re- 
 ports _ 7 
 
 Broderip & Bingham's Re- 
 ports 3 
 
 Brownlow & Goldesboro 's 
 
 Reports 1 
 
 Brown 's Parliamentary 
 
 Cases 8 
 
 Barnes' Notes 1 
 
 Bendloe's Reports 1 
 
 Benloe & Dalison's Reports 1 
 
 Bridgman's Reports 1 
 
 Bulstrode's Reports 1 
 
 Brooke's Abridgment 1 
 
 C. 
 
 Carthew's Reports 1 
 
 Comberbach's Reports 1 
 
 Comyn's Reports 2 
 
 Coke's Reports 7 
 
 Coke's 1st Instit. notes by 
 
 Hargrave and Butler 2 
 
 Coke's 2nd, 3rd and 4th In- 
 stitutes 2 
 
 Croke's Reports 4 
 
 Comyn's Digest 8 
 
 Cruise's Digest 6 
 
 Chitty's Reports ..1 2 
 
 Code ,Napoleon 1 
 
 D. 
 
 Douglass ', Reports 2 
 
 Douglas on Elections 2 
 
 Vols. 
 Dowling & Ryland's Re- 
 ports 8 
 
 Dyer's Reports 3 
 
 E. 
 
 Equity cases abridged 2 
 
 Evans' Statutes 8 
 
 ,F- 
 
 Fortescue's Reports 1 
 
 Finch's Reports 1 
 
 Fitzgibbon's Reports ' 1 
 
 Fitzherbert 's Abridgement.. 1 
 
 G. 
 Gilbert's Reports in' Chan- 
 cery 1 
 
 Godbolt's Reports , 1 
 
 Gilbert's Cases in Law & 
 
 Equity 1 
 
 Gow, Neil, on Partnership.. 1 
 H. 
 
 Holt — Cases in time of 1 
 
 Holt's Nisi Prius Cases.— 1 
 
 Hardwick — Cases in time of 1 
 Hawkins' Pleas of the 
 
 Crown 2 
 
 Hobart's Reports 1 
 
 Hardress' Reports 1 
 
 Hetley's Reports 1 
 
 J. 
 
 Jones', William, Reports 1 
 
 Jones',- Thomas, Reports 1 
 
 Jenkins' Reports 1 
 
 K. 
 
 Keble's Reports 3 
 
 Kelyng's Reports 1 
 
 Keilwey's Reports 1 
 
 L. 
 
 Latch's Reports 1 
 
 Lutwyche's Reports 2 
 
 Levinz's Reports, 1st, 2nd 
 
 and 3rd, in 2 
 
 Leonard's Reports 1 
 
 Lane's Reports 1 
 
 Littleton's Reports 1 
 
 Lofft's Reports 1 
 
 Luders on Elections 3 
 
100 
 
 THE LIBRARY. 
 
 M. Vols. 
 
 Manuscript Precedents 8 
 
 Marshall's Eeports 2 
 
 Maule and Selwyn's Eeports 5 
 Moore's (Sir Francis) Ee- 
 ports 1 
 
 Moore's, John B., Eeports.. 10 
 
 N. 
 
 Noy's Eeports 1 
 
 O. 
 
 Owen's Eeports 1 
 
 P. 
 
 Parker's Eeports , 1 
 
 Palmer's Eeports 1 
 
 Pollexfen's Eeports 1 
 
 Popham's Eeports 1 
 
 Phillimore's Eeports 2 
 
 Peekwell on Elections 2 
 
 Pratt's Digest .-. 1 
 
 Pothier on Obligations 2 
 
 E. 
 
 Eolle's Eeports 2 
 
 Eolle's Abridgment 1 
 
 Eaymond's (Sir Thomas) 
 
 Eeports 1 
 
 S. 
 
 Siderfin's Eeports 1 
 
 Shower's Eeports 2 
 
 Sayer's Eeports 1 
 
 York, 9th Dec, 1829. 
 
 Vols. 
 
 Saville's Eeports 1 
 
 Skinner's Eeports 1 
 
 Smith's Reports 3 
 
 Style's Eeports 1 
 
 Starkie's Nisi Prius Cases.. 2 
 
 Sheppard's Touchstone 2 
 
 T. 
 
 Taunton's Eeports 8 
 
 Talbot — Cases in time of.— 1 
 Taylor's Eeports in K.B. of 
 
 U. Canada 1 
 
 Tidd's Practice, 8th edition 2 
 Tidd's Appendix, 6th Edi- 
 tion 1 
 
 V. 
 
 Ventris' Eeports 1 
 
 Vaughan's Eeports 1 
 
 Vesey's (Sen'r) Eeports.— 2 
 
 Viner's Abridgment 24 
 
 W. 
 
 Willes' Eeports ~ 1 
 
 Wightwick's Eeports 1 
 
 "Wilmot's Opinions 1 
 
 "Winch's Eeports 1 
 
 Y. 
 
 Yearbooks, 11 vols, in 10 
 
 Yelverton's Eeports 1 
 
 Vols 264 
 
 GEOBGE EIDOTJT, 
 
 Treasurer. 
 
 York, printed by E. Stanton. 
 (The spelling of the original is retained.) 
 
 sit does not appear how and when the Statutes at Large in 
 the Library were procured, but as there is no trace of any set 
 in the King's Bench, it is probable this attempt was successful. 
 
 9 These volumes presented by Dr. Baldwin are nearly all still 
 in the Library — with the possible exception of Dalton's Justice 
 of the Peace, they were probably brought from Ireland by Dr. 
 Baldwin when he came from Ireland to Upper Canada with his 
 father in the closing years of the 18th century. Duncan's Cicero 
 seems to be lost, as also one volume of Pope's Homer and one of 
 Johnson's Lives. 
 
nojes\^ \ lyl/ / / 101 
 
 "This Register of Gifts and Benebm tiq$Jia f& thick folio 
 with index-alphabet. The first entry of benefactions is of this 
 "Gift and Benefaction": the last entry is on June 28, 1834: 
 after this date the benefactions, if any, were not specially en- 
 tered. The remainder of the book is taken up with a Catalogue 
 in manuscript and one pasted in in print (that of 1882). 
 
 "This "memorandum" can be seen in several of the books 
 presented by Dr. Baldwin — e.g. some of the earlier Statutes of 
 Upper Canada. 
 
 i2Hon. Robert Baldwin's gifts were for the use of "the 
 House": i.e., not Convocation, but the body of students, &c, 
 rooming in Osgoode Hall: these books are all extant though not 
 in common use. 
 
 "List of additional Books for the Library of the Law So- 
 ciety — October, 1834. Books sent for and received to complete 
 present sets — as per list 23 April, 1833: 
 
 No. of vols. Which vol. 
 
 Barnwall & Creswell 's Reports 3 8th, 9th, 10th 
 
 Douglas Reports 2 3rd, 4th 
 
 Dowling & Ryland's Reports 1 , 9th 
 
 Maule & Selwyn 1 6th 
 
 J. B. Moore's Reports 2 11th, 12th 
 
 Phillimore's Reports 1 3rd 
 
 Tidd's Two Supplements , 1 
 
 Runnington's Edition of Ruff head's Statutes 
 
 at Large 1 8th 
 
 Other Books sent for and received as per list of 23 April, 
 1833:— 
 
 Barnwall & Adolphus Reports 4 
 
 Roscoe on Real Actions 2 
 
 Booth on Real Actions 1 
 
 Fearne's Contingent Remainders 1 
 
 Sugden on Estates 2 
 
 Leach's Crown Cases 2 
 
 Russell & Ryan's Crown Cases 1 
 
 Manning's Exchequer Practice 1 
 
 Supplement to Vesey Senior 1 
 
 Vesey's, Junior, Chancery Reports 20 
 
 Merivale's Reports 3 
 
 Swanston's Reports 3 
 
 Jacob & Walker's Chancery Reports 2 
 
 Russell's Chancery Reports , 4 
 
 Russell's & Mylne's Chancery Reports 1 1st 
 
 East's Pleas of the Crown 2 
 
 Russell on Crimes 2 
 
 60 
 
102 THE LIBRARY. 
 
 Books ordered- as per list of 23 April, 1833, but not received: 
 Toller's Law of Executors. 
 Lord Eaymond, 3 vol. 
 Ryan & Moody's Crown Cases. 
 Saunders' Eeports, 3 vol. 
 Tremaine's P.C. 
 Jacob's Eeports, 1 vol. 
 Turner's Eeports, 1 vol. 
 Tomlin's Law Dictionary. 
 Maddock's Digest Chancery Eeports. 
 
 contd 60 
 
 Books received but not in List of April, 1833 : 
 
 Williams' Law of Executors 2 
 
 Maddock & Geldart's Eeports 1 
 
 Maddock's Chancery Eeports 5 
 
 Turner & Eussell's Eeports 1 
 
 69 
 
 Eyan & Moody's Crown Cases, 1st and 2nd 
 
 parts of vol. 1 paper copies 
 
 Moody's Crown Cases, 3rd part of 1st vol paper copies 
 
 Eussell & Mylne's Chancery Eeports, 1st part 
 
 of vol. 2nd paper copies 
 
 Mylne & Keen's Chancery Eeports, 1st part 
 
 of vol. 1st paper copies 
 
 Eussell 's Chancery Eeports, 1st and 2nd 
 
 parts of vol. 5th paper copies 
 
 Barnwall & Adolphus K.B. Eepts., 1st part 
 
 vol. 5th. paper copies 
 
 Books received in 1834 for the Library: — 
 Appendix 1. 
 
 Douglas, 3rd and 4th £ 2 
 
 Barn & Ores., 8, 9, 10 4 14 6 
 
 Dowl. & Eyland, 9 1 11 6 
 
 Maule & Sel.J 6 1 11 6 
 
 Moore, J. B., 11 & 12 3 3 
 
 Philimore, 3rd : 1 11 6 
 
 Tidd's 2 Supplements 18 
 
 £15 10 
 
NOTES. 103 
 
 Appendix 2. 
 
 1 & 2 Barnwall & Adolphus £ 3 3 3 
 
 Bingham, 7 vol 10 12 6 
 
 Roseoe on Real Actions, 1 & 2 vol 1 15 
 
 Booth on Eeal Actions, 1 vol 16 
 
 Fearne's Contingent Remainder, 1 vol 15 
 
 Sugden on Estates, 1 & 2 15 
 
 Toller's Law of Executors 15 
 
 Lord Raymond, 3 vols 3 
 
 Leach's Crown Cases, 2 vols 2 2 
 
 Russell & "Rylands Crown Cases, 1 vol 15 
 
 Ryan & Moody Crown Cases 
 
 Saunders' Reports, 3 vol 3 13 6 
 
 Tremaine 's P.C 
 
 Manning's Exchq. Practice 1 11 6 
 
 Supplement to Tesey Senr 1 10 
 
 Vesey, Jr., 19 26 5 
 
 Merrivale's Reports, 3 vol 4 5 
 
 Swanston's Reports, 3 vol 4 5 
 
 Jacob & Walker Reports, 2 vol 2 10 
 
 Jacob & "Walker Reports, 1 vol 1 10 
 
 Turner's Reports, 1 vol 1 10 
 
 Russell's Reports, 4 vol 6 3 6 
 
 Russell & Mylne, 1 vol '. 1 10 
 
 £80 17 
 
 About 75 vols. -T. £96 7 
 
 "Simon Washburn was a well-known practitioner in Toronto 
 (York), "a bulky and prosperous barrister." He lived on the 
 N.W. corner of George and Duke Streets, and was for a time 
 Clerk of the Peace for the County of York. An accomplished 
 skater, he was also one of the first in York to wear a monocle. 
 Dr. Scadding tells an amusing story of him: "Toronto of Old," 
 p. 217. 
 
 15 James Edward Small, son of John Small, First Clerk of the 
 Executive Council, was for a considerable time Bencher, part of 
 it Treasurer. 
 
 i°Sir William Campbell's donation is still in the Library. 
 
 1 'Robert Baldwin Sullivan was the cousin and brother-in- 
 law of Robert Baldwin: he became in 1848 a Justice of the 
 Court of King's Bench, after having been an active and suc- 
 cessful politician. The books are still in the Library. 
 
 "Dr. Dunlop was the well-known ''' Tiger Dunlop" who was 
 in the employ of the Canada Company. A member of the Com- 
 
104 THE LIBRARY. 
 
 mons of Upper Canada for a time, he did much to assist Gourlay 
 so far as that extraordinary and stubborn character could be 
 assisted. Born 1792, he died in 1848: his work recently (1908) 
 reprinted, " Eecollections of the American War (1812-1814)," is 
 not so well known as it should be. 
 
 "This was the production of John Walpole Willis who was 
 a Justice of our Court of King's Bench and was "amoved" by 
 the Lieutenant-Governor. An account of Mr. Justice Willis will 
 be found in (1913) 49 Can. L.J., pp. 126 sqq. 
 
 zoAugustus Baldwin, Admiral, was the brother of Dr. Wil- 
 liam Warren Baldwin. 
 
 2iJohn Powell was the eldest son of Chief Justice William 
 Dummer Powell. For a time Clerk of the Legislative Council, he 
 was called to the Bar: he is best known for his action in 1837 
 when Alderman of Toronto in riding out to reconnoitre the rebels 
 and in giving the alarm to the too-confident Francis Bond Head: 
 he became Mayor of Toronto the next year. 
 
 "William Dummer Powell; Chief Justice of Upper Canada, 
 father of the above, born 1755 in Boston, educated there, in 
 England and on the Continent: took the Boyalist side and went 
 to England 1775: educated in the Middle Temple, he came to 
 Canada (without Call) in 1779. After a successful career at the 
 Bar in Montreal, he was in 1789 made First Judge of the Court 
 of Common Pleas, Hesse District (Detroit) : in 1794 he became 
 the first puisne Judge of the Court of King's Bench: appointed 
 Chief Justice in 1815, he resigned in 1825, dying in 1834. 
 
 23 0f course Sir John Beverley Eobinson, our first Canadian 
 born Chief Justice. 
 
 24 The first of these books is of much interest to students of 
 our early history. These trials arose out of the troubles between 
 Lord Selkirk and the Fur Trading Companies. 
 
 25 Sullivan's Lectures were not by our Mr. Justice Sullivan, 
 but Lectures on 'Constitution and Laws of England by F. S. 
 Sullivan, Portland, Maine, 1805. 
 
 26 The Governor-General in 1844 (the two Canadas were united 
 in 1842) was Sir Charles Theophilus Metcalfe. 
 
 27 Valpy's Classics were in fact bought, but when does not 
 appear: most still remain in the Library, some few have been 
 lost. 
 
 2 sThe Second Catalogue is by no means so scarce as the 
 first — the Law Society has three copies. It is a square octavo 
 of 8 pages. 
 
 2 sThe Governor-General in 1856 was Sir Edmund Walker 
 Head. 
 
PAET V. 
 
 THE REPORTS. 
 
THE REPORTS 
 
 CHAPTER XIX. 
 
 THE REPORTS— REPORTERS APPOINTED BY 
 THE GOVERNOR. 
 
 The first mention of Reports for our Upper Canada 
 Courts is to be found in the statute of 1823, 4 G-eo. IV., 
 c. 3. 
 
 This recites that the publication of the decisions of 
 the Court of King's Bench would probably result in a 
 loss, which precluded their publication by an individual : 
 but that it was extremely desirable that there should be 
 some public record of the judicial opinion of the 
 Judges. Section 1 enacted that a reporter might be 
 appointed, "the same to be an officer of the Court and 
 amenable thereto for the correct and faithful perform- 
 ance of his duty " ; he was to submit on the first day of 
 each Term a fair report of all decisions given by the 
 Court, to the Judges who were to sign the reports in 
 open Court — this was to be thenceforth an "authentic 
 report of all such decisions." Section 6 placed the ap- 
 pointing power in the Governor or person administering 
 the government. 
 
 In order to provide a salary, section 2 directed every 
 attorney annually, on or before the first day of Michael- 
 mas Term, to take out a certificate from the Clerk of the 
 Crown and Pleas; this the Attorney could obtain as of 
 right on producing to the Clerk the receipt of the Law 
 Society for his fees, not less than two guineas ($8.40), 
 which the Law Society was to determine upon, and also 
 paying the Clerk a fee of 2s. 6d. (50 cents). If there 
 were any default in taking out the certificate in time 
 the attorney had to pay four guineas ($16.80) to the 
 
108 THE REPORTS. 
 
 Law Society. Practising without a certificate was pun- 
 ishable with a penalty of £10 ($40) recoverable by 
 information. 
 
 The Treasurer of the Law Society was to pay to the 
 Receiver General all moneys so received by him and 
 the Reporter was to be paid a salary of £100 ($400) by 
 the Receiver General: he was also allowed to sell Reports 
 for his own benefit. At a meeting of Convocation in 
 Easter Term, 4 Geo. IV., "it was resolved that the full 
 sum of one guinea be paid by every attorney as a fee 
 in and of the fund for payment of the salary of the 
 Reporter to be appointed by the Lieutenant-Governor." 
 
 The first Reporter was Thomas Taylor, 1 and the 
 first Report begins with Trinity Term, 4 Geo. IV., 
 1824: "Taylor's Reports" appeared in 1828: this was 
 a small 8vo. volume, now very rare, the second edition 
 ■published by Henry Rowsell, Toronto, in 1862, being 
 that generally used. 
 
 The publication threatened not to be a financial suc- 
 cess: in Michaelmas Term, 8 Geo. IV., November 17, 
 1827, we find that "Mr. Taylor, the Reporter of Cases 
 argued in the King's Bench, moved Convocation on the 
 subject of the Expense of printing those Reports, com- 
 plaining that he sustained a loss in the Editing of them," 
 but "after some discussion the Society postponed the 
 further consideration of the subject." 
 
 Taylor had been a Bencher from Easter Term, 1 Geo. 
 IV. : but he does not seem to have been successful in 
 inducing his brother Benchers to give him financial 
 assistance, for we hear nothing more of the matter. He 
 published no Reports after those for Trinity Term, 8 
 Geo. IV, 1827 ; but he continued to be a Bencher — his 
 last attendance as such seems to have been February 18, 
 1832, Hilary Term, 2 Wm. IV. 
 
 He was succeeded as Reporter by "William Henry 
 Draper, 2 who also published one volume, an octavo, 
 printed by R. D. Chatterton, Cobourg, publisher of the 
 "Cobourg Star" and afterwards Deputy Clerk of the 
 
REPORTERS APPOINTED BY THE GOVERNOR. 109 
 
 Crown and Pleas and Clerk of the County Court at 
 Cobourg. 3 This volume contains the decisions from 
 Michaelmas Term, 10 Geo. IV., November 6, 1829, till 
 Easter Term, 1 Wm. IV., April 30, 1831. 
 
 This could not have paid, either : we find, Hilary 
 Term, 5 Geo. IV., February 5, 1835, Mr. Washburn 4 
 giving notice ' ' That he will on the next day of the meet- 
 ing of the Convocation move that a petition be drawn 
 up, adopted and presented from the Society to the Leg- 
 islature, praying the repeal of the Law appointing a 
 Reporter to the Court of King's Bench" — nothing 
 further is heard of this motion. 
 
 The objection, of course, was not to the Reporter, 
 but to the imposition of a tax upon the members of the 
 profession in the lower branch, i.e., pretty much every 
 lawyer in the Province. We find several complaints as 
 to the way Mr. Charles Coxwell Small, Clerk of the 
 Crown and Pleas, refused the Certificates because appli- 
 cation was not made in time : and there can be no doubt 
 that many a practitioner felt his annual tax to be a 
 useless burden. Nothing, however, was done till 1837, 
 when in Michaelmas Term, 1 Vic, August 19th, "on 
 motion made and seconded it was ordered that the 
 Treasurer (Robert Sympson Jameson, Vice-Chancellor) 
 and Messrs. (George) Ridout and (Robert) Baldwin 
 be a Committee to draft a Bill amending the Act of 
 4 Geo. IV., c. 3, entitled, 'An Act providing for the 
 Publication of Reports of King's Bench,' to be reported 
 next term together with any observations they may 
 see fit to make." There was no report from this 
 Committee in the following Term, nor so far as appears 
 at any time : but in Easter Term, 3 Vic, February 8, 
 1840, in the Annual Report of the Committee of 
 (Economy, appears the statement that a Bill for 
 altering the provision made for the appointment of 
 a Reporter for the Court of Queen's Bench had been 
 passed by the Houses of Parliament and should it "re- 
 ceive the Royal Assent during the present Term, the 
 
110 THE REPORTS. 
 
 Committee will probably feel it incumbent on them to 
 bring the subject before the Convocation in a Special 
 Report." The Royal Assent was duly given by Poulett 
 Thomson (who became Lord Sydenham in August of 
 the same year), the Governor General; and the Act 
 came into force February 10, 1840. 
 
 Before referring to the provisions of that Statute, it 
 should be mentioned that great inconvenience was ex- 
 perienced on Draper discontinuing his Reports. We find 
 in Trinity Term, 2 & 3 Vic, June 18, 1839, a resolu- 
 tion passed in Convocation, "that it is expedient and 
 proper that a copy of the Reports of cases decided in 
 the Court of King's Bench should be placed in the Law 
 Society Library and as the printed Reports do not ex- 
 tend beyond Easter Term, 1 Wm. IV., that His Honour 
 the Treasurer be authorized to employ a person or per- 
 sons to transcribe the said Reports from that period to 
 the present time, and also from time to time hereafter 
 upon the same being signed by the Judges and that the 
 same after being duly compared and examined with the 
 originals shall be placed in the said Library, and that 
 the Treasurer be authorized to pay the person copying 
 the same out of the Funds of the Society." (It will be 
 remembered that Draper's Reports came down only 
 through Easter Term, 1 Wm. IV.). 
 
 Accordingly a copy was ultimately procured of the 
 Mss. of Taylor's Reports already spoken of, which is 
 Vol. 1 of the Manuscript Reports in the Library, the 
 other volumes being vol. 2, Trinity Term, 2 Wm. IV., to 
 Easter Term, 2 Wm. IV. ; vol. 3, Trinity Term, 2 & 3 
 Wm. IV. to Trinity Term, 3 & 4 Wm. IV; vol. 4, 
 Michaelmas Term, 4 Wm. IV. to Michaelmas Term, 5 
 Wm. IV; vol. 5, Hilary Term, 5 Wm. IV. to Hilary 
 Term, 6 Wm. IV.; vol. 6, Easter Term, 6 Wm. IV. to 
 Hilary Term, 7 Wm. IV. 
 
 It would appear that Henry Sherwood was appointed 
 Reporter by the Governor in 1837 5 and that the disturb- 
 ances arising from the Rebellion in. the latter part of that 
 
REPORTER APPOINTED BY THE LAW SOCIETY. Ill 
 
 year put an end to all business — that he could not attend 
 to the reporting during the greater part of 1838 and 
 1839 owing to his being officially employed in various 
 parts of the Province. He was applied to by the Law 
 Society for copies of the judgments pursuant to the 
 resolution and he set his clerk, Mr. FitzGibbon, at the 
 work. This was delayed somewhat by the circumstance 
 that the written opinions of the Judges had been mis- 
 laid : but, August 10, 1840, Sherwood was confident that 
 he would be able to lay the copies before the Law Society 
 by the beginning of the following Term. 
 
 CHAPTER XX. 
 
 THE REPORTS— REPORTER APPOINTED BY 
 THE LAW SOCIETY. 
 
 The Statute of 1840, 3 Vic, c. 2, as we have seen, 
 came into force February 10, 1840 : this, by sec. 1, gave 
 the power to the Law Society to appoint a Barrister to 
 the office of Reporter of the Court of Queen's Bench and 
 provided that the Reporter should be responsible to 
 the Society for the correct and faithful discharge of 
 his duty — with a salary not to exceed £150 ($600) 
 . per annum and removable at will. The salary was 
 provided for as before : every attorney must take out 
 a certificate annually (paying the Clerk of the Crown 
 and Pleas a fee of a shilling, 20 cents) on production 
 of a receipt from the 'Treasurer of the Law Society 
 for such dues as the Benchers should fix. The Reporter 
 was to report "Verbal decisions" of general import- 
 ance, as well as those delivered in writing: and might 
 publish Reports and Digest for his own profit — he had 
 no discretion to refuse if required by the Law Society. 
 The Attorney who should practise without a certificate 
 was liable to a fine of £10 ($40) and if he did not 
 take it out before or during Michaelmas Term of each 
 
112 THE REPORTS. 
 
 year he was mulcted £4 ($16), these sums to be paid 
 to the Treasurer of the Law Society. 
 
 Henry Sherwood was not displaced on the passing of 
 this Act : but he resigned, Hilary Term, 4 Vic, Novem- 
 ber 2, 1840, as his ' ' other avocations are such as to pre- 
 vent his attending to the duties as" he "ought." He 
 had hoped to bring the Reports up to date, but owing to 
 his notes and some papers being mislaid, he had not suc- 
 ceeded : he agreed, however, to use every exertion in con- 
 junction with his successor to furnish a correct report 
 of the cases which had been determined during his term 
 of office. This does not appear to have been achieved: 
 we have no reports of cases decided between Hilary 
 Term, 7 Win. IV. (1837) and Hilary Term, 4 Vic. 
 (1840), a gap of three years. 
 
 At the meeting of November 7, 1840, Sherwood's 
 resignation was accepted and John Hillyard Cameron 6 
 appointed Reporter under the Statute subject to the ap- 
 proval and confirmation of the Judges. Cameron had 
 already (November 3rd) begun to report, having -been 
 requested by Sherwood to serve as locum tenens •. he con- 
 tinued to be Reporter until 1846, when he resigned, upon 
 being appointed Solicitor General for Canada West. 
 
 By Easter Term, 4 Vic, February, 1841, two vol- 
 umes of the back reports had been obtained and a third 
 was well on the way: the cost already was £118 ($472) 
 and to complete the third volume would cost - £40 
 ($160) more. A copy of all the Reports was obtained 
 by Easter Term, 5 Vic, February, 1842, the whole cost 
 being £178 15s. ($715). 
 
 In 1841 a Rule was passed for regulating the office 
 of Reporter. 
 
 The following year, Michaelmas Term, 6 Vic, August 
 13th, 1842, the Secretary was instructed to enquire of 
 the Executors of Thomas Taylor, whether they had in 
 their possession any manuscript Report of cases subse- 
 quent to those published by him : this led to nothing. At 
 
'-THE UPPER CANADA JURIST." 113 
 
 the same meeting the Treasurer (Robert Baldwin) was 
 directed to enquire of Henry Sherwood as to reports of 
 the cases decided during his term of office: this also 
 came to naught. 
 
 By this time Cameron had finished the first volume of 
 his Reports: and he asked Convocation to advance him 
 £75 ($300) toward publishing it — he represented that 
 the cost of a volume of 500 pages would be about £250 
 ($1,000) and that he had a subscription list of £125 
 ($500) ; he said that if the Law Society would advance 
 him £75 he would make up the residue, £50 ($200) 
 himself. He anticipated a sale of 100 copies at £2 
 ($8) each: and if this hope were realized, he would 
 repay the £75 advanced, leaving the amount to be ad- 
 vanced by himself to be made up by further sales, if any. 
 
 I do not find that this request was ever so much as 
 considered by Convocation: at all events, it was not ac- 
 ceded to. 
 
 Cameron's first volume runs from Hilary Term, 4 
 Vic, November 3rd, 1840, to Michaelmas Term, 6 Vic, 
 1843. He began another volume, which, so far as com- 
 pleted, runs from Easter Term to Hilary Term, 1843 : 
 these two volumes are known as Cameron 's Mss. Reports, 
 vols. 1 & 2, respectively. 
 
 CHAPTER XXI. 
 
 THE REPORTS— "THE UPPER CANADA JURIST" 
 AND CAMERON'S DIGEST AND RULES- 
 COURT OF CHANCERY. 
 
 In February, 1844, Easter Term, 7 Vic, Cameron 
 petitioned the Society, setting out that he was about 
 to undertake the publication of the Reports of the 
 Court of Queen's Bench in a monthly periodical to be 
 called the ' ' Canadian Jurist ' ' : the cost was expected 
 rather to exceed £300 a year, he had promises from 
 
114 THE REPORTS. 
 
 Ill persons to become subscribers at £3 per annum, but 
 he feared that he would not realize the full amount 
 promised: he therefore asked for a grant not to ex- 
 ceed £75. In the letter he says that he had published 
 a Digest of all the cases reported and of many not 
 reported before he became Reporter, and since his 
 appointment he had published an Annual Digest of all 
 cases reported — on these his loss was (£165 — £152=) 
 £13. He had also published the new Rules of Court at 
 a loss of nearly £50. Convocation ordered the sum of 
 £75 to be paid him by way of indemnity pro tanto 
 against loss; and also that six copies of "Cameron's 
 Rules of Court" should be purchased for the Library. 
 
 The first Digest referred to is "Cameron's Digest" 
 from Michaelmas Term, 10 Geo. IV., to Hilary Term, 3 
 Vic, an 8vo volume of 149 pages, published in 1840, 
 Toronto, hy Henry Rowsell, and printed at the Patriot 
 Office. The Annual Digest for 1841 contains 24 pages: 
 that for 1842, 24 pages : that for 1843, 27 pages— they 
 were all published by H. & W. Rowsell, King Street, 
 Toronto, and in 1841, 1843, and 1844 respectively. All 
 these Digests, bound in one volume, are to be found 
 in Osgoode Hall Library. 
 
 The volume containing the Rules of Court I have 
 never seen: the Library copies have all been lost. In 
 the Catalogue, however, it appears as a 12mo. volume 
 published in Toronto, 1844, and as containing the 
 Rules of Court and Statutes relating to the Practice 
 and Pleading of the Court of Queen's Bench. 
 
 There had so far been no provision made for re- 
 porting the decisions of the Court of Chancery, which 
 came into existence in 1837. June 18, 1844, Trinity 
 Term, 7 & 8 Vic, Convocation passed a resolution that 
 in their opinion "It is expedient that provision should 
 be made by Law for reporting the decisions of the 
 Court of Chancery in this Province:" Mr. Spragge 
 submitted a draft Bill for such purpose, which was ap- 
 proved by Convocation. This was not passed till the 
 
COURT OF CHANCERY. 115 
 
 following year, when it appears as 8 Vic., c. 39. This 
 Statute provides for the appointment by the Law 
 Society, with the approbation of the Vice-Chancellor, 
 of a Barrister as Eeporter of the Court of Chancery, 
 who might be the same person as the Reporter of the 
 Court of Queen's Bench: he was to report not only 
 the judgments given in writing but also the "Verbal 
 judgments ' ' of general importance : these reports were 
 to be submitted to the Vice-Chancellor and signed by 
 him : and the Reporter might for his own profit publish 
 the Reports or a Digest. His salary was to be fixed 
 by the Law Society at not more than £100 ($400) : 
 and the Law Society was authorized to fix an annual 
 fee of not more than £1 5s. ($5.00) to be paid by 
 every Solicitor practising in the Court — if the Solici- 
 tor was also an Attorney, one fee could be fixed pay- 
 able by such person. Every practising Solicitor must 
 pay his fee to the Treasurer on or before August 20th 
 of each year, and on or before that day take out his 
 Certificate from the Registrar of the Court of Chancery 
 paying the fee of 2s. 6d. (50 cents) therefor: if one 
 failed to take out his Certificate at the proper time, he 
 had to pay £4 ($16) to the Treasurer, and if he prac- 
 tised without a certificate he was liable to a fine of 
 £10 ($40) which was to be paid into the hands of the 
 Treasurer. This Act came into force; March 29th, 
 1845, and in June 17 following, Easter Term, 8 & 9 
 Vic, applications were received from Messrs. Grant, 
 Harrison, Brough and Foster for the position. Mr. 
 Mowat put in his application at the next meeting, 
 June 19; and on that day Alexander Grant was ap- 
 pointed subject to the approval of the Vice-Chancellor. 
 This was given by Vice-Chancellor Jameson the fol- 
 lowing day; and in the Michaelmas Term following, 
 9 Vic, November 15th, 1845, the Salary was fixed 
 at £100. 
 
 "The Upper Canada Jurist," an 8vo., was published 
 by H. & W. Rowsell, Toronto; the first volume con- 
 sisted of two parts, the first part of 352 pages being 
 
116 THE REPORTS. 
 
 issued in 11 parts of 32 pages each, and the second 351 
 pages in the same number of parts. When collected 
 they bore the title page "The Upper Canada Jurist 
 Containing Original and Selected Articles on Legal 
 Subjects, some Important Decisions in Bankruptcy and 
 Chancery in Upper Canada and in the English Com- 
 mon Law Courts with an Alphabetical List of Cases 
 and Index of Principal Matters, Vol. I— Part I, 1844-5 
 (or Vol. I— Part II, 1845-6), Toronto, H. & W. Rowsell, 
 1845 (or 1846)." 
 
 The title page fairly sets out the contents — there 
 are original articles on Imprisonment for Debt, Law 
 of Primogeniture, &c, all strongly against any change 
 from the old ways, reports of cases in our Court of 
 Chancery (the first in January, 1839), &c. 
 
 Concurrently with this was published the first vol- 
 ume of the Queen's Bench and Practice Court Reports 
 by John Hillyard Cameron, Toronto, H. & W. Rowsell 
 1845. This contains the cases Easter Term, 7 Vic, to 
 Easter Term, 8 Vic, inclusive. 
 
 In Trinity Term, 7 & 8 Vic, June 10, 1844, Cameron 
 being in ill health and obliged to cross the Atlantic, 
 had written the Society that he had engaged James 
 Lukin (afterwards Sir Lukin) Robinson to report the 
 cases and publish the Jurist according to the Prospec- 
 tus and asked his appointment pro tern-pore -. this request 
 was granted. 
 
 In 1846 Cameron was appointed Solicitor General 
 for Canada West and resigned his position as Reporter 
 July 27, Trinity Term, 10 Vic. : James Lukin Robinson 
 was appointed to succeed him August 8 of the same 
 year, and Rules were framed for his guidance. 
 
 The second volume of the Upper Canada Jurist begins 
 the publication of the Reports from the end of Draper's 
 Reports — from Trinity Term, 1 & 2 Wm. IV. to Trinity 
 Term, 2 & 3 Wm. IV. It also contains reports of certain 
 Bankruptcy and Executive Council cases: it was pub- 
 lished by Henry Rowsell, Toronto, 1846-8: the third 
 
THE SERIES. 117 
 
 volume of the Jurist has the back reports of cases from 
 Trinity Term, 1 & 2 Wm. IV., to Hilary Term, 2 Wm. 
 IV., with some Bankruptcy cases. 
 
 Thereafter we hear no more of the Upper Canada 
 Jurist, but the next volume of old reports is styled 
 "Queen's Bench and Practice Eeports (Old Series), vol. 
 III." This was published in 1850 by J. Lukin Robin- 
 son, Esq., although it contains cases in the time of 
 King William only, i.e., from Michaelmas Term, 3 Wm. 
 IV., to Michaelmas Term, 5 Wm. IV. Volume 4_ fol- 
 lowed in 1851 with reports to 6 Wm. IV. ; volume 5 in 
 1855 to Easter Term, 2 Vic, and volume 6 in 1858, 
 bringing the Eeports down to Hilary Term, 7 Vic, the 
 last volume being under the editorship of Christopher 
 Robinson. This completed the report of cases from 
 the end of Draper's Reports to 1 U.C.R., edited by 
 Cameron. 
 
 CHAPTER XXII. 
 
 THE REPORTS— THE SERIES U.C.R., U.C.C.P., Gr., 
 C.L.Oh., P.R., Ch.Ch.R., C.L.J. (O.S.). 
 
 In the meantime in Easter Term, 12 & 13 Vic, June 
 19, 1849, a Rule had been passed for the guidance of the 
 Chancery Reporter similar to that laying down the duties 
 of the Queen's Bench Reporter: this directed him to 
 attend every day, make full reports, lay them before the 
 Society, &c, &c, and fixed his salary at £150 ($600). 
 The new Rule was passed, no doubt, in view of the re- 
 organization of the Court of Chancery by 12 Vic, v. 64. 
 We find the first volume of Grant's Chancery Reports 
 issued in 1850 and beginning with the cases in the new 
 Court on November 2, 1849. The series continued, 29 
 in all, until the Judicature Act of 1881. 
 
 In, the Queen's Bench, Cameron edited two volumes 
 when he was succeeded (as we have seen) by Lukin Rob- 
 inson : Lukin Robinson nominally edited vols. 3-13, but 
 
118 THE REPORTS. 
 
 most of the work was done by his younger brother 
 Christopher, who on the resignation of Lukin Robinson, 
 November 29, 1856, was appointed in his brother's 
 place. Christopher Robinson continued to be Reporter 
 until 1873 (32 U.C.R.), when he was made Editor of 
 the Common Law Reports and succeeded as Reporter 
 by H. C. W. Wethey. Mr. Wethey reported 33 to 42 
 U.C.R., 1879, when he was succeeded by Salter J. Van- 
 Koughnet, who continued in office during the 
 remainder of the period covered by the U.C. Reports. 
 
 The Court of Common Pleas being erected in 1849 by 
 12 Vic, c. 63, it became necessary to appoint a Reporter 
 for that Court: and Edward C. Jones was appointed 
 September 5, 1850. He entered at once upon the duties 
 of his office and reported the decisions of, the Court of 
 Common Pleas until 1864 (U.C.C.P., vol. 1-14),, when 
 he was succeeded by Salter J. VanKoughnet, who con- 
 tinued to be Reporter until 1873 (U.C.C.P., vols. 15-21), ' 
 when he was succeeded by George Frederick Harman, 
 Christopher Robinson being thereafter Editor. Mr. Har- 
 man was the Reporter in the remaining volumes of this 
 series (U.C.C.P., vols. 22-32). 
 
 Certain of the cases in Appeal are to be found in 
 Grant's Chancery Reports, but it was not till 1865 that 
 a systematic collection was made of them. Mr. Grant 
 published three volumes of Error and Appeal Cases, 
 bringing the Reports down to 1866. 
 
 Common Law Practice received some attention in 
 addition to the cases in the U.C.R. series. Lukin Robin- 
 son in 1851 and 1853 published two 12mo. volumes (C.L. 
 Ch, vols. 1 and 2). In 1856 appeared vol. 1 of the series 
 known as Practice Reports, under the editorship of Lukin 
 Robinson : Vol. 2 appeared in 1860 under the name of his 
 better known brother, Christopher, who also edited vol. 
 3. Henry O'Brien edited vols. 4, 5 and 6; J. Stewart 
 Tupper reported vol. 7 ; W. E. Perdue and T. T. Rolph, 
 vol. 8, and T. T. Rolph alone the rest of the series from 
 vol. 9 to vol. 19 inclusive. Christopher Robinson was 
 
SERIES. 119 
 
 editor of vol. 7-11 inclusive and James F. Smith for 
 those following vol. 11. 
 
 Chancery Chambers Reports did not begin till 1868, 
 when Alexander 'Grant published vol. 1, Ch.Ch.R. ; C. 
 W. Cooper, a well known Equity Barrister, continued 
 the series into vols. 2, 3 and 4, the last appearing in 
 1873 : thereafter the Chancery Chambers are reported 
 in the Practice Series. 
 
 I have gone quite beyond the date 1857 for the pur- 
 pose of completing the story of the earlier Reports : I do 
 not say anything of the "Appeal Reports," which 
 series began only in 1876. 
 
 Returning, we find that February 16, 1855, Hilary 
 Term, 18 Vic, was laid before Convocation a letter dated 
 February 5, 1855, from James Patton, Barrister, of Bar- 
 rie, setting out that, with others, he had commenced a 
 monthly Law periodical by the name of the ' ' Law Jour- 
 nal ' ' which it was hoped would be a valuable medium for 
 conveying to the profession official notices of Convoca- 
 tion: he asks for "recognition of the value and utility 
 of the work." June 16th, 1855, Easter Term, 18 Vic, it 
 was ordered that "all notices for or in behalf of this 
 Society and usually inserted in the official Gazette, be 
 also sent for insertion as advertisements in the Law 
 Journal at present published by James Patton, Esquire, 
 at Barrie. " 
 
 This "Law Journal" is "The Upper Canada Law 
 Journal and Local Courts Gazette" (U.C.L.J., O.S.) : it 
 began publication in January 1855 and ceased with the 
 number for December, 1864. ' The first volume was 
 edited by Mr. Patton and Hewitt Bernard (afterwards 
 Chief Clerk of the Crown Lands Department), and 
 was printed at the office of the "Barrie Herald" (Dun- 
 lop Street, Barrie), a newspaper founded and for some 
 years edited by Patton. Vol. 2 (1856) was printed at 
 the same office and edited by W. D. Ardagh (after- 
 wards Judge of the County Court at Barrie), while the 
 third (1857) was edited by Mr. Ardagh and Robert 
 
120 THE EEPOETS. 
 
 A. Harrison and the place of printing removed to 
 Toronto (Maclean, Thomas & Co., 17 & 19 King Street 
 Bast). The following volumes ending with 10 U.C.L.J., 
 OJ3., were all edited by the same gentlemen, vols. 4, 5 
 and 6 being printed by Maclean & Co., and the remainder 
 by W. C. Chewett & Co., their successors at the same 
 place (the title of the last six volumes is "The Upper 
 Canada Law Journal and Municipal and Local Courts 
 Gazette"). 
 
 This series contains many reports of cases English 
 and Upper Canadian, Notices of the Law Society, and 
 many articles of great interest. 
 
 The Law Reporters' Act of 1854 was in substance a 
 consolidation of the previous legislation and calls for no 
 special notice. 
 
 NOTES TO PART V. 
 
 iThe first volume of Reports is entitled "Reports of Cases 
 Argued and Determined in the Court of King's Bench in York, 
 Upper Canada, Commencing in Trinity Term in the fourth year 
 of the Reign of George IV. and ending in Trinity Term in the 
 eighth year of George IV. By Thomas Taylor Esq., of the 
 Middle Temple, Barrister-at-Law. Volume 1. Tamen in pretio est 
 York U.C. Printed by John Carey, King Street." 
 
 A Manuscript of this volume is in Osgoode Hall Library 
 endorsed ' ' Reports, Temp. Campbell. ' ' It cannot be the original 
 manuscript as it has in error ' ' Queen 's Bench ' '' instead of 
 "King's Bench" on the first page. 
 
 This volume was published after the < complaint of financial 
 loss mentioned in the text, the Preface being dated May, 1, 
 1828: it was probably due to the financial loss on this publica- 
 tion that no further volumes were published by Taylor. 
 
 2 William Henry Draper, afterwards Chief Justice and a 
 C.B. A reasonably full biography of Chief Justice Draper is 
 to be found in Read 's ' ' Lives of the Judges, ' ' pp. 222 sqq. 
 
 I should like to add a statement concerning Draper once 
 made to me by the late Chief Justice Armour, who knew him well 
 ■ — he said that Draper, when a law student residing in Port Hope, 
 walked to Cobourg (where he was employed in the Registry office) 
 
NOTES. 121 
 
 and back every week day. This was before the Grand Trunk 
 Railway was built, and anyone who knows the heavy clay roads 
 of the neighborhood will appreciate the walk of seven miles twice 
 a day.' 
 
 3R. D. Chatterton was in the early 80 's still Clerk of the 
 bounty Court, &c, at Cobourg — he had a mechanical turn and in- 
 vented many car-couplers, &c, but without much pecuniary success. 
 
 *Washburn — this was Simon Washburn already mentioned 
 more than once. 
 
 sHenry Sherwood (a son of the Judge, Levius Peters Sher- 
 wood), who became Solicitor General in 1842 and Attorney Gen- 
 eral in 1847: he was the ninth Mayor of Toronto, 1842-43-44. 
 
 6 John Hillyard Cameron, long Treasurer of the Law Society 
 and one of the most eminent practitioners the Province has ever 
 seen. There is a portrait of him in the Benchers' Luncheon-Eoom 
 of Osgoode Hall. Born of Scottish ancestors at Beaucaire, Lan- 
 guedoc, France, in 1817 : his father 's Regiment coming to Canada, 
 he was educated at Upper Canada College: studied law under 
 Henry John Boulton and John Godfrey Spragge (afterwards 
 ■C.J.O.) : served in the Rebellion as Captain: called and admitted 
 1838, and entered into partnership with Mr. Spragge in Toronto: 
 became a very distinguished and successful Nisi Prius Counsel: 
 appointed Q.C. in 1846 when he joined Draper's Administration 
 as Solicitor General for Canada West: remained in Parliament 
 till 1857: and again entered in 1861 — a strong and consistent 
 Conservative. A prominent Orangeman, he became Grand Master 
 in 1859 and continued such till his death in 1876. Becoming 
 a Bencher ex-officio in 1846, he continued to be a Bencher till his 
 ■death: he was Treasurer from 1859 till his death. 
 
PART VI. 
 
 THE PORTRAITS. 
 
THE PORTRAITS 
 
 CHAPTER XXIII. 
 
 PORTRAITS. 
 
 The first mention of a portrait is June 20, 1846, 
 Easter Term, 9 & 10 Vic. ; on that day there was laid 
 before Convocation by the Treasurer, Vice-Chancellor 
 Jameson, a letter (dated June 17th) to him from Alex- 
 ander Grant saying that a number of members of the 
 Bar had requested the Chief Justice "to allow Mr. 
 Berthon x to paint a full lenth [sic] portrait of his 
 Lordship in his robes for the purpose of being pre- 
 sented to the Law Society to be placed in Osgoode 
 Hall" and that his Lordship having consented, the 
 portrait was now ready: the Society was asked to 
 accept it. There is no record of what was done on this 
 communication: but no doubt the portrait was thank- 
 fully accepted — it still graces the west wall of the 
 Library over the fire place. 
 
 On February 13th, 1849, Hilary Term, 12 Vic, it 
 was resolved by Convocation that application should 
 be made to the family of the late Dr. Baldwin with a 
 view to obtaining a portrait of him. Mr. James Ed- 
 ward Small, the Treasurer, accordingly wrote Robert 
 Baldwin, then Attorney General West, enclosing a 
 copy of the Resolution and adding an expression of 
 the high gratification it afforded him "personally at 
 being made the organ of communication of so just a 
 tribute of respect for the memory of one of the oldest 
 and most respected members of the Profession and who 
 might with much truth be styled the father of the 
 Society in Upper Canada." Mr. Baldwin, then in 
 
126 THE PORTRAITS. 
 
 Montreal attending to his duties as Member of Par- 
 liament and Attorney General West, wrote March 10th 
 gladly assenting to the proposal. The choice of artist 
 being left to Mr. Baldwin, he selected a Canadian 
 artist, Mr. Hamel, 2 who indeed had never seen Dr. 
 Baldwin, to copy an existing portrait: the copy was 
 "considered by all those of the family who had seen 
 it as a better likeness than the original portrait from 
 which it was taken." Mr. Hamel obtained leave to 
 have a lithographic plate from the copy he had made : 
 and the painting was received by the Society in June, 
 1850. The likeness was considered by all a striking 
 one: and as Mr. Spragge, the Treasurer, wrote Mr. 
 Robert Baldwin, June 4th, there were "expressions of 
 respect and esteem which were called forth from the 
 Benchers present by the sight of the well-remembered 
 features of their long honored Treasurer whom we had 
 regarded not only as Treasurer of the Law Society but 
 in some sort as a Father of the Profession of which we 
 were most of us Junior Members." The following 
 week, June 11th, Mr. Hamel, through Attorney General 
 Baldwin, gave to the Society (to the Treasurer and 
 Benchers of which he had dedicated it) one of the 
 plates which "had been struck under the permission 
 given him by the Society." This particular litho- 
 graphed copy does not seem to be extant: but copies 
 are not very rare. The portrait hangs on the east 
 wall of Convocation Room at Osgoode Hall. 
 
 NOTES TO PART VI. 
 
 iGeorge Theodore Berthon was a son of Rene Theodore Ber- 
 thon, and was born in Vienna in the year 1806. The father was 
 a pupil of David, and was well-known as a distinguished artist. 
 
 George Theodore, his son, showed at a very early age great 
 aptitude for portrait painting, and after his school days were 
 over, visited the various Capitals of Europe to perfect himself 
 in his art. 
 
 About 1840 he went to England and married Zelie Boisseau, 
 by whom he had one daughter. Mrs. Berthon died in 1847, and 
 
NOTES. 127 
 
 he subsequently married Clare, daughter of Mr. Delahay, who was 
 for many years French Master at Upper Canada College. 
 
 In 1844 Mr. Berthon settled in Toronto, and devoted himself 
 to portrait painting and pastel work. Of the portraits at Osgoode 
 Hall, Mr. Berthon always considered that of Chief Justice Robin- 
 son as his masterpiece. 
 
 He painted many of the Judges, whose portraits are now 
 hanging in Osgoode Hall; and amongst others, in addition to 
 these, may be mentioned the portraits painted by him of Hon. 
 G. W. Allan, Colonel Denison, Colonel E. W. Thompson, Princi- 
 pals McCaul, Barron and Stennett, which are considered both 
 good likenesses and works of art. 
 
 It may be added that portraits of several of the Lieutenant- 
 Governors of Ontario and of some ex-Speakers of the Senate that 
 hang in the Senate Lobbies are by this artist. The last work on 
 which he was engaged, it is understood, was a portrait of Chief 
 Justice Taylor of Winnipeg. 
 
 A portrait by him was sent to Philadelphia in 1876 by the 
 Ontario Government, and took the Centennial Gold Medal. He 
 died in 1892. 
 
 2 Theophile Hamel was born 1814 and died 1870. He lived in 
 the Province of Quebec, studied under Antoine Plamandon and 
 improved his skill materially by a visit to Europe. He is re- 
 membered chiefly for his portraits and church pictures: he painted 
 a large number of religious subjects for the interior of various 
 churches in his Province — these are much admired both for their 
 technique and their devotional value. 
 
 SUPPLEMENTARY NOTE. 
 
 It has long been the custom upon the appointment of a Chief 
 Justice or a Chancellor for the Law Society to order a portrait 
 of the newly appointed, to be hung, in Osgoode Hall. In addition 
 to these, the Law Society has had painted the portraits of its 
 Treasurers for some time. Moreover, the Law Society has by gift 
 or otherwise acquired the portraits of certain previous Chief Jus- 
 tices and also those of Judges more recent. 
 
 The following is a list of the existing portraits: — 
 
 Chief Justices and Chancellors. 
 
 Sir James Buchanan Maeaulay. 
 
 C. J. C. P., 1849. 
 William Hume Blake. 
 
 Chancellor 1849. 
 
128 THE PORTRAITS. 
 
 William Henry Draper, C.B. 
 C. J. C. P. 1856. 
 
 Phillip M. M. S. VanKoughnet Berthon, l s 864 
 
 Chancellor 1862. 
 
 Archibald MacLean Berthon, 1863 
 
 C. J. TJ. C. 1862. 
 
 William Buell Eiehards Berthon, 1864 
 
 C. J. C. P. 1864. 
 
 Sir John Hawkins Hagarty Berthon, 1863 
 
 C. J. C. P. 1868. 
 
 Eobert Alexander Harrison Berthon, 1876 
 
 C. J. TJ. C. 1875. 
 
 Thomas Moss Berthon, 187"8 
 
 C. J. O. 1877. 
 
 Sir Adam Wilson Berthon, 1879 
 
 C. J. C. P. 1878. 
 
 Sir John Alexander Boyd Berthon, 1882 
 
 Chancellor 1881. 
 
 Sir Mathew Crooks Cameron Berthon, 1884 
 
 C. J. C. P. 1884. 
 
 Sir Thomas Gait. 
 
 ■C. J. C. P. 1887. 
 
 John Douglas Armour G. T. Berthon, 1888 
 
 C. J. Q. B. 1887. 
 
 Sir William Ralph Meredith E. Wyly Grier* 
 
 C. J. C. P. 1894. 
 
 Sir George William Burton Dickson Pattersont 
 
 C, J. O. 1897. 
 
 Sir Glenholme Palconbridge E. Wyly Grier 
 
 C. J. Q. B. 1900. 
 
 Sir Charles Moss J. W. L. Eorstert 
 
 C. J. O. 1902. 
 
 Sir William Muloek :..E. Wyly Grier 
 
 C. J. Ex. 1905. 
 
 Richard Martin Meredith E. Wyly Grier 
 
 C. J. C. P. 1914. 
 
 *E. Wyly Grier, the well-known Toronto painter. 
 
 tSon of Mr. Justice Patterson of the Court of Appeal for Ontario and the 
 Supreme Court of Canada, formerly of Toronto, now of New York. 
 
 JAlso of Toronto. 
 
NOTES. 129 
 
 Other Judges. 
 
 Feathcrstone Osier ,. Sir James Guthrie* 
 
 J. C. P. 1879; J. A. 1883. 
 
 John Wilson (Presented by Edward Bayly, Esq., K.C.) 
 
 J. C. P. 1863. 
 
 Former Chief Justices. 
 William Osgoode. 
 
 C. J. U. C. 1792. 
 
 John Elmsley. 
 
 C. J. XJ. C. 1796. 
 
 William Dummer Powell. 
 C. J. U. C. 1816. 
 
 Sir William Campbell. 
 C. J. U. C. 1825. 
 
 Also a group painting of Macaulay, C.J. ; Draper, C.J. ; 
 Robinson, C.J. ; McLean, C.J., and (Jonas) Jones, J., K.B. 
 
 Treasurers. 
 
 William Warren Baldwin Hamel 
 
 Robert Baldwin 
 
 John Hillyard Cameron Bcrthon 
 
 (also another by an unnamed artist). 
 
 Stephen Richards Patterson 
 
 Edward Blake .....Bcrthon (1882) 
 
 Sir Aemilius Irving E. Wyly Grier (1894; 
 
 George Fergusson Shepley E. Wyly Grier 
 
 'President of the Royal Scottish Academy. 
 
PART VII. 
 
 THE LAW SOCIETY OP UPPER CAN- 
 ADA, ITS CONSTITUTION AND 
 GOVERNMENT. 
 
THE LAW SOCIETY OF UPPER CAN- 
 ADA, ITS CONSTITUTION AND 
 GOVERNMENT 
 
 CHAPTER XXIV. 
 
 "THE LAW SOCIETY OP UPPER CANADA" 
 ^ITS CONSTITUTION. 
 
 The LaAv Society of Upper Canada was at first not 
 a Corporation : the Statute of 1797, by section 1, simply 
 authorized those at the time "admitted in the Law 
 and practising at the Bar" in the Province to form 
 themselves into a "Society." 
 
 There is no express provision for any other per- 
 sons becoming Members of the Society : -but the power 
 to admit others than the existing practitioners was 
 considered to be and, of course, was given by impli- 
 cation by sec. 5. This provides that "no person other 
 than the present Practitioners * * * * shall be per- 
 mitted to practise at the Bar of any of His Majesty's 
 Courts in this Province, unless such person shall have 
 been previously entered of and admitted into the said 
 Society as a Student of the Laws * * * * and sha'! 1 
 have been duly called and admitted to the Practice of 
 the Law as a Barrister, according to the constitutions 
 and establishment thereof." 
 
 This legislation was considered to make "all per- 
 sons duly entered of the Society and admitted on its 
 books, whether as Students or Barristers-at-Law * * * * 
 by such entry and admission to all intents and pur- 
 poses whatsoever, Members of the Society." 1 This 
 still is the case, although Students have never been 
 
134 LAW SOCIETY OP UPPER CANADA. 
 
 allowed to take any part in its proceedings in any- 
 way. 
 
 "When the Act of 1822 was passed and a Corpora- 
 tion was formed, the question arose as to the constitu- 
 tion of the Society. The Act, (1822) 2 Geo. IV., c. 5, 
 recites in the Preamble that "it is expedient to repeal 
 part and amend" the Law Society's Act of 1797, and 
 proceeds to enact "that the Treasurer and Benchers 
 of the Law Society for the time being and their Suc- 
 cessors to be nominated and appointed according to the 
 Rules and By-Laws of the Law Society, shall be and 
 they are hereby declared to be one body corporate and 
 politic in. deed and in law by the name of the Law 
 Society of Upper Canada and shall haVe perpetual 
 succession and a common Seal * * * *." 
 
 The only express repeal contained in this Act was 
 as to certain qualifications to practise and as regards 
 Attorneys. 
 
 The question of the effect of this Act received con- 
 siderable attention in Convocation and at length a 
 Committee was appointed to deal with the matter.. The 
 Committee reported inter alia ' ' that while this * * * * Act 
 of Parliament confers corporate powers upon- the Trea- 
 surer and Benchers only under the Corporate name of 
 The Law Society of Upper Canada, it does not interfere 
 with the right of membership of persons duly entered 
 of the Society and admitted on its Books as Students or 
 Barristers-at-Law but leaves them Members of The Law 
 Society of Upper Canada, though not Members of The 
 Corporation of the Law Society of Upper Canada. ' ' 2 
 
 No subsequent legislation has affected this position 
 and it is undoubtedly sound. We have to this day The 
 Law Society of Upper Canada of which all persons en- 
 tered on its books as Barrister or Student are Members, 
 and a Corporation of the same name composed of the 
 Treasurer and Benchers only, R.S.O. 1914, ch. 157, sec. 
 3. The Student has no rights, as such Member, to take 
 part in its proceedings nor has the Barrister: we shall 
 
GOVERNMENT. - 135 
 
 see in the next Chapter that a Barrister has certain 
 rights of voting ; these, however, are not based upon his 
 Membership of the Society but upon his status as "a 
 Member of the Bar. ' ' 
 
 CHAPTER XXV. 
 
 THE LAW SOCIETY OF UPPER CANADA 
 —ITS GOVERNMENT. 
 
 The original Law Society's Act by sec. 2 authorized 
 and directed "the Society" to "form a body of rules 
 and regulations for its own government under the in- 
 spection of the Judges of the Province * * * and to 
 appoint the six senior Members or more of the present 
 Practitioners and the six senior Members or more for 
 the time being in all times to come (whereof His Majes- 
 ty 's Attorney General and Solicitor General for the time 
 being shall be and be considered to be two) as Govern- 
 ors or Benchers of the Law Society, and also to appoint 
 a Librarian and a Treasurer." 
 
 It must not be forgotten that it was the Society and 
 not the Governors or Benchers who were charged with 
 the duty of forming the body of Rules and Regulations. 
 
 "When the ten practitioners met at Newark, July 17th, 
 1797, and organized the Society under the Act, they 
 appointed the Six Benchers and directed that the 
 "Benchers according to Seniority take upon themselves 
 the Treasurership of the Law Society, annually" but 
 formed no other Rule or Regulation as to the govern- 
 ment of the Society. 
 
 The six Benchers so appointed were John White 
 (the Attorney General), Robert I. D. Gray (the 
 Solicitor General), Walter Roe, Angus Macdonel (Mac- 
 donell), James Clark and Christopher Robinson: and 
 John White became Treasurer. 
 
136 LAW SOCIETY OP UPPER CANADA. 
 
 It was soon seen that there would be difficulty in 
 calling together "the Society": and in Trinity Term, 39 
 Geo. III., July 13th, 1799, a circular letter was sent to 
 all the Members of the Society for a General Meeting to 
 be holden on the first day of the next Michaelmas Term 
 "to take into consideration the state of the * * * Society 
 and to make further Rules and Regulations for its future 
 welfare." This was sent by the Treasurer, Gray, to 
 every member of the Society (except himself), viz., John 
 White, Angus Macdonel (Macdonell), Jas. Clarke 
 (Clark), Timothy Thomson (Thompson), Nicholas Hag- 
 german (Hagerman), Allan McLean, Walter Roe, W. D. 
 Powell, Junr., Alex'r Stuart (Stewart), B. C. Beards- 
 ley, William Weeks (Weekes), Jacob. Farrand, Saml. 
 Sherwood, John McKay — Christopher Robinson had died 
 the same year. 
 
 On the day fixed, November 4th, 1799, only five 
 members turned up, the Attorney and Solicitor General, 
 and Messrs. Macdonell, Powell and Weekes: the meet- 
 ing was adjourned till November 7th, when only seven 
 attended, the Attorney and Solicitor General, and 
 Messrs. Macdonell, Clarke, Powell, Stewart and Weekes : 
 it was again adjourned till the 9th, when the same seven 
 were present. Certain Rules were proposed by the 
 Solicitor General Gray which were agreed to >(it is set 
 out in the Minute Book that they were approved by 
 Clark and Powell "as they were about to depart to- 
 morrow for Newark"). 
 
 January 13th, 1800, Michaelmas Term, 40 Geo. III., 
 saw the next meeting : but that, too, was poorly attended, 
 only the Solicitor General, Gray, and Messrs. Macdonell, 
 Powell and Weekes being present: at the adjourned 
 meeting on Thursday, January 16th, 1800, the same four 
 being present, the several Rules approved, Nov. 9th, 
 1799, were again read and approved. Amongst them 
 was Rule No. 5 : " That the Benchers for the time 
 being be considered as Governors of the Law Society 
 and that any Five of them be a quorum and have full 
 
GOVERNMENT. 137 
 
 power to make such rules and regulations from time 
 to time as shall be necessary for the welfare of the 
 Law Society subject nevertheless to the inspection of 
 the Judges." 
 
 To avoid any imputation of favouritism or grasping 
 at power, another rule was passed at the same time, 
 No. 4, appointing all the Members of the Society, Bench- 
 ers. These rules were submitted to the Judges, 
 Elmsley, C.J., Powell and Allcock, JJ., January 16th, 
 1800, and approved, thereby becoming valid so far as 
 the Society and the Judges could make them so. 
 
 The legality of the Rule No. 5 is much more than 
 doubtful ; the Statute having imposed upon the Society 
 the duty of making rules and regulations, the Society 
 could not delegate that power to the Benchers: but the 
 practice after the approval by the Judges of this Rule 
 was uniform — the Society as such was never consulted 
 -or even called together, but all the business of the Society 
 was transacted by the Benchers. While ' ' Convocation ' ' 
 properly implies the meeting of all graduates, the word 
 has in this Society for more than a century been con- 
 fined to the Benchers. 
 
 The legal difficulty did not escape the keen lawyers 
 in 1822 — the Committee already mentioned reported 
 "that by an Act of the Parliament of this Province of 
 2nd Geo. 4th, Chap. 5, the Rule (No. 5) above mentioned 
 and the proceedings of the Benchers under it were 
 recognized and followed up by a legislative enactment 
 incorporating that portion of the Society in which the 
 power of legislating for the whole body had been so 
 vested" — this was adopted by Convocation. Resolu- 
 tions of Convocation, Trinity Term, 1 & 2 ¥m. IV., 
 No. 6. 
 
 There is nothing whatever in the Act validating or 
 recognizing the acts of the Benchers ; this resolution goes 
 much beyond the fact, and were it a matter of any mo- 
 ment, the validity of the Rules and Regulations made 
 by the Benchers before 1822 might be questioned. 
 
138 LAW SOCIETY OF UPPER CANADA. 
 
 There is no Rule or By-law for the nomination and 
 appointment of Benchers: the power of appointment is 
 by the Act of 1797 vested in the Society, but after the 
 Rules of 1799, a uniform practice prevailed of proposing 
 in Convocation a member of the Bar as a Bencher, which 
 proposal being adopted, the Treasurer was directed to 
 communicate the resolution to the party, whose appoint- 
 ment was then considered complete. The Barrister so 
 appointed Bencher was frequently not one of the six 
 senior members of the Society, and not even, in every 
 instance, next in seniority to the Benchers already 
 appointed. 
 
 This practice was certainly recognized by the Legis- 
 lature in the Act of 1822 : it enacts ' ' that the Treasurer 
 and Benchers of The Law Society for the time being and 
 their successors to be nominated and appointed according 
 to the Rules and By-laws of the said Society, shall be a 
 body corporate, &c, &c. " Of the Benchers at that time 
 about fifteen in number, only two, viz., Allan McLean 
 and Bartholomew Crannell Beardsley, had been appoint- 
 ed 'by the Society — all the rest by the Benchers 3 : and 
 the Legislature must be taken to have ratified the method 
 of appointing the others. 
 
 No Rule for the appointment of Benchers was, 
 accessary after the Act and none was, in fact, passed 
 for some years. In Trinity Term, 1 & 2 Wm. IV., (1831), 
 a Committee appointed to deal with the Revision of the 
 By-laws of the Society recommended a Rule which was 
 adopted July 2nd, 1831, approved November 19th, 1831, 
 No. 7, which provided that "all persons to .be elected 
 Benchers * * * in future shall be elected as heretofore 
 by the majority of votes of the Benchers for the time 
 being or of such of them as shall be present at the time 
 of such Election," provided that "notice of intention to 
 make such a proposal shall have been given in open Con- 
 vocation during the Term next preceding'such proposal 
 and provided also that His Majesty's Attorney and 
 Solicitor General for the time being and the six Senior 
 
GOVERNMENT. 139 
 
 Barristers for the time being in all times to came, shall 
 be ipso facto without any Election Benchers of this 
 Society." 
 
 This was the state of the law when the Act of 1857 
 was passed — and it was in substance continued by the 
 Rules of 1859 — the subsequent legislation will be found 
 referred to in the Supplementary Note to this Part. 
 
 THE TREASURER. 
 
 Prom the beginning the "Treasurer" did not simply 
 care for the funds of the Society ; he was also the Head 
 of the Society, President and Chairman — this was an 
 adoption of the terminology of the English Inns of 
 Court. 4 
 
 By the first Rule passed July 17th, 1797, it was pro- 
 vided that "the Benchers according to seniority take 
 upon themselves the Treasurership of the Society annu- 
 ally" — and this Rule was approved by the Judges in 
 January, 1800. The Rule was not very rigidly observed 
 — John White was Treasurer, 1797 ; Gray, 1798, 1799 and 
 1800-1; Angus Macdonell, 1801, 1802, 1803, 1804; 
 Thomas Scott, 1805 ; D Arcy Boulton, 1806 to 1811 ; Wil- 
 liam Warren Baldwin, 1811 to 1815; DArey Boulton, 
 again 1816, 1817; John Beverley Robinson, 1818, and 
 Henry John Boulton, 1819. 
 
 Rule No. 14, Trinity Term, 59 Geo. III., July, 1819, 
 provides "that the Treasurer be chosen annually in 
 Michaelmas Term by the majority of Votes of the Bench- 
 ers then present and that the present Treasurer do con- 
 tinue in office until Michaelmas Term next." 
 
 This Rule remained in force till November, 1831, 
 when the time was changed to Hilary Term instead of 
 Michaelmas Term. 
 
 In the Rules of 1859, the time is again made Michael- 
 mas Term, but on the first Saturday in that Term, 
 annually. 
 
140 LAW SOCIETY OP UPPER CANADA. 
 
 The Treasurer, although he was a Chairman, was also 
 a real Treasurer, and looked after the funds of' the So- 
 ciety, invested them, &c., &e. Dr. Baldwin in Michael- 
 mas Term, 5 Geo. IV., 1824, being elected Treasurer, 
 opened an account with himself as such Treasurer and 
 this account was carefully kept till 1831 in the Minute 
 Book No. 1. No earlier Journal Statement seems to be 
 extant : but many entries are to be found of the passing 
 of the Treasurer's accounts, &c. 
 
 From and after 1840 a Sub-Treasurer (who was for 
 a long time also Librarian and Secretary) took most of 
 the routine financial work off the Treasurer's hands. 
 
 MEETINGS. 
 
 By Rule No. 6 of July 17th, 1797, it was "Resolved 
 that the second Monday of every Term be a day of Gen- 
 eral Meeting of the Benchers" and in 1808, January 
 11th, by Rule No. 12, three were made a quorum. The 
 Rule No. 15 passed Trinity Term, 69 Geo. III., made the 
 first Tuesday of every Term "a day of general meeting 
 of the Benchers. ' ' 
 
 Rule 3 of Trinity Term, 1 & 2 Wm. IV., November 
 19th, 1831, fixed the first Monday, the first Saturday, 
 the second Tuesday and the last Saturday, of every Term 
 as Standing Convocation days, with power to the Treas- 
 urer to call a special meeting on any day in Term on 
 giving notice to all the Bencher^ then in Town — these 
 standing days were continued by the Rules of 1859 — and 
 there was no power to sit except in Term until the Rules 
 consolidated in 1875 came into force. 
 
NOTES. 141 
 
 NOTES TO PART VII. 
 
 il follow the wording of the Second Resolution of Convo- 
 cation, Trinity Term, 1 & 2 Wm. IV. — this will be found on p. 
 17 of "The Rules of The Law Society of Upper Canada," &c. &c, 
 published by and for the Law Society at York U.C. in Hilary 
 Term 1833. It is rather u rare book — I have seen only a very 
 few copies. 
 
 2 This is the Seventh Resolution of Convocation, Trinity Term, 
 1 & 2 Wm. TV., to be found on p. 18 of the publication above 
 named. 
 
 The genesis of this and other Resolutions is as follows: On 
 July 3rd, 1830, on motion of Robert Baldwin, seconded by Dr. 
 Rolph, a Committee was appointed to take into consideration the 
 existing By-Laws and the alteration that it might be expedient 
 to make therein, &c. — this Committee consisted of Dr. Baldwin, 
 the Treasurer George Ridout, W. H. Draper, Robert Baldwin, 
 James E. Small and Henry John Boulton the Attorney General — 
 Robert Baldwin was apparently by "far the most active member. 
 
 They were directed to lay the result of their enquiries and 
 suggested alterations before Convocation on the first day of the 
 next Michaelmas Term: on that day they got farther time: and 
 again all Hilary Term: again on the first day of Easter Term a 
 further extension. At length on the first day of Trinity Term, 1 
 & 2 Wm. IV., July 1st, 1831, they laid a Report before Convo- 
 cation containing the Resolutions (by implication) — this Report 
 is to be found in the work already cited, pp. 59, 60. Resolutions 
 were drawn up based upon this Report and passed — I.e., pp. 17-19. 
 
 3A list made by Dr. Baldwin, Treasurer, February, 1826 (in 
 Minute Book No. 1 of the Law Society) gives the following as 
 Benchers at that date (I have added the date of their appoint- 
 ment) : 
 
 1. John Beverley Robinson, Attorney General 1815 
 
 2. Henry John Boulton, Solicitor General 1818 
 
 3. James Wood 1818 
 
 4. Bartholomew Crannell Beardsley 1799 
 
 5. William Dickson, Senior 1806 
 
 6. William Warren Baldwin 1807 
 
 7. Christopher Alexander Hagerman 1820 
 
 8. D'Arcy Boulton, Junior 1818 
 
 9. John Powell (he never was a Bencher) 
 
 10. George Ridout - 1820 
 
 11. Thomas Ward 1820 
 
 12. Jonas Jones .". 1820 
 
 13. Thomas Taylor 1820 
 
142 LAW SOCIETY OF UPPER CANADA. 
 
 14. Archibald McLean 1820 
 
 15. (James Buchanan Macaulay) 1825 
 
 16. (John Rolph) '. 1824 
 
 4 See for example Herbert 's Antiquities of the Inns of Court 
 and Chancery, 1804, p. 228. "The officer of Treasurer is of con- 
 siderable importance * * * He is, the Supreme Officer of the 
 whole Society and has the regulation of its concerns. He admits 
 gentlemen into the Society, etc. ' ' 
 
 The fact that the Attorney General John White was an Eng- 
 lish Barrister, probably accounts for the language adopted. 
 
 SUPPLEMENTARY NOTE ON THE GOVERNMENT OF THE 
 
 LAW SOCIETY SINCE 1857. 
 
 THE BENCHERS., 
 
 The self -perpetuating system which had been in force from 
 the beginning 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 office for five years, 
 when there is a now election. 
 
 A natural effect of this was that the older and better known 
 Barristers were elected term after term, and there was little 
 chance of «. young man obtaining the position of Bencher. To 
 avoid this, it was in 1910 enacted by 10 Edw. VII., c. 76 (Ont.) 
 that all those who had been elected at four quinquennial elections 
 should be ex-officio Benchers, thus leaving the field open for the 
 younger men.. (It had a few years before by (1900) 63 Vie. c. 20, 
 s. 1, been provided that every one who had for seven consecutive 
 years held the office of Treasurer of the Society should be an 
 ex-officio Bencher.) 
 
 THE TREASURER. 
 
 The Statute of 1871, which made Benchers elective, fixed the 
 date for election of Treasurer; the first term after the election 
 of the new Bench and in Easter Term of each year. This is still 
 the rule. 
 
PART VIII. 
 
 THE BOLLS. 
 
THE ROLLS 
 
 CHAPTER XXVI. 
 
 THE ROLLS. 
 
 The Law Society's Rolls must be carefully distin- 
 guished from the Rolls of the Courts — these last will be 
 first dealt with. 
 
 The first Roll of Practitioners in the Courts was re- 
 quired by the Act of 1794, 34 Geo. III., c. 4, which auth- 
 orized the Governor to grant a licence to not more than 
 sixteen British subjects to act as Advocates and Attor- 
 neys. Section 2 provides that "their names shall be in- 
 scribed on a Roll for that purpose to be provided and 
 to be kept among the Records of the Court of King's 
 Bench." This Roll was provided and forms the first 
 skin of the "Rolls of Attornies" of the King's Bench. 
 It is still extant and in good order — the names thereon 
 are as follows: — 
 
 (I follow the original spelling, etc. The names at 
 the left were there written by David Burn, Clerk of 
 the Crown, who also added the dates. The numbers 
 seem to have been added later. The names at the right 
 are in the handwriting of the Attorneys). 
 
146 
 
 THE ROLLS. 
 
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THE BOLLS. 147 
 
 Davenport Phelps did not sign the Roll and therefore 
 he was not in strictness "authorized to receive fees for 
 practising in any of His Majesty's Courts within this 
 Province, ' ' under the provisions of Section 2 of the Act. 
 
 Down to and including No. 14, Bartholomew Cran- 
 nell Beardsley, the names are of those receiving a 
 licence under, the Act of 1794 — the remaining names 
 are of persons who were members of the Law Society 
 — William Weekes being the first student to be called 
 by the Law Society. 
 
 All these whose names are on this skin were called 
 "to the degree of Advocate and Attorney" : and all were 
 required to take the oath against Transubstantiation, ex- 
 cept Roman Catholics. The note after the name of An- 
 gus McDonell indicates that he did not take that oath, 
 but the modified oath prescribed by the Imperial Act, 
 14 Geo. III., c. 33, s. 7. 
 
 In the Second Skin the oath against Transubstan- 
 tiation is still contained, but the title or degree of 
 "Advocate" disappears — the oath continues to appear 
 till the Sixth Skin is reached, May 1st, 1833, when it 
 vanishes forever. The King 's Bench Roll is continuous 
 till the present time. 
 
 The Court of Common Pleas when instituted in 1849 
 had its own Roll of Attorneys, which continued until the 
 abolition of that Court in 1881 by the Ontario Judica- 
 ture Act. 
 
 A Barristers' Roll in the King's Bench was first pro- 
 vided in Easter Term, 1803 : and was signed by all but 
 one of those who received a licence under the Act of 
 that year, 43 Geo. HI., c. 3 : all Barristers called after 
 that Act by the Law Society also signed it. 
 
 The Court of Chancery had also its Roll — of Solici- 
 tors of course : it calls for no special mention. 
 
 The Law Society has two Rolls^-the- Common Roll, 
 i.e., the Roll of Members, and the Barristers' Roll. These 
 
148 THE BOLLS. 
 
 are not, like the Eolls of the Courts, signed by the per- 
 sons named ; they were first provided in 1832. 
 
 In Michaelmas Term, 2 Wm. IV., November 11, 1831, 
 on motion of Robert Baldwin (pursuant to notice given 
 the previous Term) seconded by George Boulton, a select 
 Committee was appointed "to examine the Journals and 
 Books of the Society and prepare a correct list of the 
 Members of the Society from the time of its institution, 
 arranged according to the order of their presidency (sic) 
 on the Books of the Society, and that the said Committee 
 do consist of Mr. Treasurer (George Ridout) and Mr. 
 R. Baldwin. ' ' The Committee reported in Easter Term, 
 2 Wm. IV., May 4th, 1832, with lists: (1) the Common 
 Roll of all Members admitted on the Books from 1797 to 
 Hilary Term, 2 Wm. IV., 1832. (2) the Roll of Barris- 
 ters, (3) the Roll of Benchers, (4) the Roll of Treasurers, 
 (5) a List of Chief Justices of the King's Bench, (6) - 
 a List of the Puisne Justices, (7) a List of Attornies- 
 General, (8) a List of Solicitors- General, and (9) a List 
 of Advocates in Upper Canada who did not become Mem- 
 bers of the Society. The Report comments on the inac- 
 curate manner in which the Books of the Society were 
 kept in earlier times, and adds that other sources of in- 
 formation had to be sought ' ' principally the Rolls of the 
 Court of King's Bench, and in some instances as to ex- 
 planatory matters the recollection of the Elder Branches 
 of the Society and other early inhabitants of the 
 Province. ' ' 
 
 The lists were published in the Rules, &c, of 1833, 
 and also appear in the Minute Books of the Society. 
 
 Rolls were engrossed on parchment and a paper copy 
 made and thereafter the names of gentlemen becoming 
 members of the Society, whether Students or Barristers, 
 were added from time to time. 
 
PART IX. 
 
 BIOGEAPHICAL NOTES. 
 
BIOGEAPHICAL NOTES 
 
 CHAPTER XXVII. 
 
 JOHN WHITE, THE FIRST ATTORNEY 
 GENERAL. 
 
 The ten practitioners who met at Wilson's Hotel, 
 Newark, July 17, 1797, to organize the Law Society of 
 Upper Canada, were : John White, A.G. ; Robert I. D. 
 Gray, S.G. ; Angus McDonell; James Clark; Christopher 
 Robinson ; Allan McLean ;_William D. Powell ; Alexander 
 Stewart; Nicholas Hagerman, and B. C. Beardsley. 
 
 John White, the Attorney General, was an English 
 Barrister (who seems to have been admitted at Gray's 
 Inn, 1780) who came out to Upper Canada with Chief 
 Justice Osgoode, the first Chief Justice of Upper Canada, 
 having been appointed to the position of Attorney Gen- 
 eral of the Province of Upper Canada by the Home 
 Government. He arrived at Kingston 1 June 30th, 
 1792, and conducted for the Crown the criminal 
 cases at the Court of Oyer and Terminer in August of 
 that year. He was, through the influence of Simcoe, 
 elected as the Member of the first House of Assembly 
 for the Riding of Leeds and Frontenac, but was not a 
 member of the second House. He left Kingston in Sep- 
 tember, 1792, and thereafter was resident at the capital, 
 Newark (or Niagara) and afterwards York, and seems 
 to have been a diligent and capable officer. He had a 
 large practice in the Courts 2 and, when a member of the 
 House of Assembly, was active and useful. 3 In Janu- 
 ary, 1800^ he came to his death in a duel. He had made 
 some statements derogatory to the character of a lady in 
 
152 BIOGRAPHICAL NOTES. 
 
 the official class ; the angry husband, Major John Small, 
 Clerk of the Executive Council, demanded an explana- 
 tion, and that offered not proving satisfactory, he chal- 
 lenged "White and shot him (January 3, 1800) in a duel 
 in a grove back of the Government Buildings on Palace 
 (now Front) Street, at the foot of what is now Berke- 
 ley Street, Toronto. White was buried in his garden 
 in the rear of his own lot, near Bloor Street, east of 
 Sherbourne Street. In 1871 his bones were disturbed 
 by labourers digging sand for building purposes. Un- 
 der the pious care of Mr. Clarke Gamble, Q.C., they 
 were reverently taken up and re-interred in St. James ' 
 Cemetery. Small was tried at York January 20th, 
 1800, on a charge of murder before Mr. Justice All- 
 cock and a jury, and was acquitted. The foreman of 
 the jury was William Jarvis, whose son was to figure, 
 seventeen years later, as a principal — a sucessful prin- 
 cipal — in an equally celebrated duel, when he shot and 
 killed young John Ridout, July 12, 1817." 
 
 Attorney General White seems to have got into a 
 quarrel before this : in Trinity Term,- 39 Geo. III., 13th 
 July, 1799, the Court of King's Bench, composed of 
 Chief Justice Elmsley and Justices Powell and Allcock 
 made an order ' ' that William Fitzgerald, Esquire, Cap- 
 tain in His Majesty's Regiment of Queen's Rangers, do 
 show cause on the first day of Michaelmas Term next, 
 why an information should not be filed against him for 
 writing and sending two letters, dated respectively the 
 12th and 13th of this instant July, signed William Fitz- 
 gerald and addressed to John White, Esquire, and it is 
 further ordered that the said William Fitzgerald do 
 immediately enter into a recognizance before a Judge of 
 this Court, with two sufficient . sureties, himself in the 
 sum of one thousand pounds Provincial Currency, and 
 each of the said sureties in five hundred pounds of the 
 same Currency, conditioned to keep the peace towards 
 the said John White, Esquire, and all other His Ma- 
 jesty's subjects for the space of twelve months from the 
 date hereof. And it is further ordered that the Sheriff 
 
JOHN WHITE. 153 
 
 of the Home District do forthwith serve the said Wil- 
 liam Fitzgerald with this order. ' ' 
 
 This was the time-honoured method of preventing a 
 duel. In this instance it seems to have been effectual, 
 as on the first day of Michaelmas Term, 4th November, 
 1799, the Solicitor General moved for and obtained 
 a discharge of the Rule. 
 
 The last case before the full Court in which "White 
 appeared was Barrie v. Clark, November 15th, 1799. 
 The next time his name appears in the Term Book is 
 July 16th, 1800, when Mr. Hagerman was admitted as 
 Attorney on the record in Myers v. Cronk, ' ' in the room 
 of John Whitej Esquire, deceased." 
 
 White's name appears first on the Barristers' Roll of 
 the Society, as having reeeived the degree of Barrister- 
 at-Law in Trinity Term, 1797. He was also the first 
 Treasurer, being succeeded in 1798 by the gentleman next 
 to be named. 
 
 White made the first motion ever made in the House 
 of Commons for Upper Canada, September 18, 1792, 
 and was on all the important Committees during the first 
 Parliament. 5 
 
 He never became an Attorney or "Advocate," but 
 was entitled to practise and did practise as such, his 
 membership of the English Bar being itself a qualifica- 
 tion under the Ordinance of 1785. He never signed the 
 King's Bench Roll of either Advocates, Attorneys or 
 Barristers; he is No. 1 on the Common Roll, as well as 
 on the Barristers' Roll of the Law Society and also No. 
 1 on the List of Benchers, and on that of Treasurers. 
 
154 BIOGRAPHICAL NOTES. 
 
 CHAPTER XXVIII. 
 
 ROBERT ISAAC DEY GRAY, THE FIRST 
 SOLICITOR GENERAL. 
 
 Robert Isaac Dey Gray was the son of a Major in the 
 British service, and received much of his education in 
 Quebec : he studied law with Jacob Farrand, to be men- 
 tioned later. He was elected member of the second 
 House of Assembly, 1796-1800, for the riding of Stor- 
 mont; he was appointed Solicitor General in March, 
 1797: he was also elected for the same constituency in 
 1804 for the third Parliament, but never took his seat, 
 as his death occurred before the House was called to- 
 gether. He was Registrar of the Surrogate Court of the 
 Eastern District from 1793 till 1800, and for a time 
 Judge in the Home District. In 1804 he went with Mr. 
 Justice Cochran, Angus Macdonell — who it will be re- 
 membered was also one of the ten who had met at Newark 
 to organize the Society and who was also a member of 
 the House of Assembly — the High Constable of York, 
 the witnesses, the Indian interpreters, Cowan and 
 Ruggles, and an Indian, Ogetonicut, charged with the 
 murder at "Washburn Island, in Scugog Lake, of John 
 Sharpe. A white man, Cosens, had killed a brother of 
 the Indian's and he, finding Sharpe alone in the Fare- 
 well Brothers' fur-trading camp, had killed him in 
 revenge for his brother's death. Captured on Toronto 
 Island (then a peninsula) he was ordered to be sent 
 for trial to Newcastle (now Presqu'Isle) in the New- 
 castle District, in which District the murder had been 
 committed.' 
 
 The Solicitor General had arranged with Mr. Weekes, 
 a brother Barrister, that they would go together from 
 York to Newcastle on horseback; but the former yielded 
 to the request of the Judge that he would accompany 
 him on the Government schooner "Speedy." The 
 schooner was not too seaworthy ; a storm sprang up, and 
 after being seen off what is now Lakeport, she was lost 
 
ROBERT ISAAC DEY GRAY. 155 
 
 to sight — ship, passengers and crew. It is said that a 
 hen coop from the schooner came ashore, but even that 
 is doubtful: the total number of lost was nineteen or 
 twenty. This shocking tragedy occurred October 7, 1804. 
 
 On the first day of the next term the Court of King's 
 Bench ordered that all matters "except such as are 
 merely of course do stand over without prejudice to the 
 several parties concerned, the late disastrous loss of the 
 ' Speedy ' on her voyage to Newcastle with Judge Cochran 
 and suite having occasioned this vacancy of the Bench. ' ' 
 
 Some of Gray's acts while member of Parliament may 
 be mentioned. On March 1, 1803, he petitioned Parlia- 
 ment to pass a law making valid and effectual four 
 ' ' Fines, ' ' which he with Chief Justice Elmsley and Wil- 
 liam Cooper had been concerned in passing in the Court 
 of King's Bench, but which he had been advised were not 
 effectual by reason of the want of proper officers. The 
 petition was favourably received and a Bill passed the 
 House: it was concurred in by the Legislative Council, 
 but the Governor withheld his Assent and the matter 
 dropped. The Governor counted for something in those 
 days : he had the right under Sec. 30 of the Act 31 Geo. 
 III., c. 31, (1) to assent to a Bill in His Majesty's name, 
 (2) to withhold His Majesty's consent, or (3) to reserve 
 the Bill for the Signification of His Majesty's pleasure 
 thereon. The archaic and complicated system of con- 
 veyancing known as "Fines" is now, of course, wholly 
 unknown. , 
 
 It has frequently been said that Gray took an active 
 part in the abolition of slavery in Upper Canada: he 
 did act to prevent the measure which in effect provided 
 for the abilition of slavery being so amended as seri- 
 ously to be impaired in its usefulness. The Bill (see 
 Note 5) prohibiting the importation of slaves had been 
 passed in 1793, before^ Gray was a member of the 
 House: in June, 1798, Christopher Eobinson (another 
 of the ten lawyers at the first meeting of the Law 
 Society), who was the member for Addington and 
 
156 BIOGRAPHICAL NOTES. 
 
 Ontario, moved, seconded by Edward Jessup, another 
 United Empire Loyalist and the member for G-renville, 
 for leave to bring in a Bill to enable persons 
 "immigrating to this Province to bring their negro 
 slaves in with them" — leave was given, the Bill 
 introduced, and after a vigorous opposition from 
 Gray and a few others, passed June 20 on a division of 
 8 to 4: it went up to the Legislative Council and 
 promptly received the three months' hoist. As has been 
 said, Gray generally receives credit for taking part in 
 passing the Bill of 1793, which practically put an end 
 to slavery in Upper Canada ; but while this -is an error, 
 (as he was not then Solicitor General or a member of 
 Parliament) what he did in 1798 sufficiently shows his 
 hatred of slavery: and probably the fate. of the last 
 mentioned Bill, strongly supported as it was in the 
 Commons, deterred other attempts to emasculate the 
 Slavery Act of 1793. 
 
 It is interesting to note that Gray left certain pro- 
 perty to a coloured slave body servant of his, John 
 Baker, who, after taking part as a British soldier in the 
 Battle of "Waterloo, survived till 1871, the last of all 
 who had been slaves in Upper Canada or the old 
 Province of Quebec. 
 
 Gray was made a Barrister-at-Law in the Trin- 
 ity Term, 1797, with White and thirteen others: his 
 name is second on the Common and Barristers' Rolls of 
 the Law Society: he is No. 6 on the King's Bench Roll 
 of Attorneys, but (of course) does not appear on the 
 King's Bench Roll of Barristers. He was Bencher (No. 
 2 on the List) from 1797 till his death, and Treasurer 
 (No. 2 on the List) for the years 1798, 1799, 1800, and. 
 1801, being succeeded by Angus Macdonell, now to be 
 mentioned. 
 
ANGUS MACDONELL. 157 
 
 CHAPTER XXIX. 
 
 ANGUS MACDONELL. 
 
 Angus Macdonell (the name is variously spelled — on 
 the Attorneys' Roll he signs his name "McDonell") was 
 of the well-known Glengarry family of that name. His 
 father was Captain Allan Macdonell of Highland 
 birth and descent, and his mother was the sister of 
 the Laird of MacNab, and so aunt of "The MacNab," 
 who was chief of the MacNab settlement in Renfrew 
 County, Upper Canada — a gentleman universally 
 known in the Province and recognized as one of its 
 "characters." Captain Macdonell came with his wife 
 and family to the colony of New York in 1773, at the 
 instance of Sir ' William Johnson. He settled in 
 Tryon County in the Mohawk Valley, and remained 
 loyal during the Revolution. He became an officer in 
 the loyal Colonial Troops and was closely associated 
 with Sir John Johnson : he was much in his confidence 
 and was sent by him with letters to the Royalist 
 Governor, Tryon. When the rebellion became suc- 
 cessful, he came with his clan to Glengarry; and they 
 were ever foremost in the defence of their new 
 country. 
 
 The Angus Macdonell of whom we are now speaking, 
 son of Captain Allan Macdonell, was Clerk of the first 
 and second Houses of Assembly; he was dismissed in 
 June, 1801, and was succeeded by Donald McLean : Mac- 
 donell was thanked by the House for his services and 
 the opinion of the House was expressed on a division of 
 13 to 4 "that he was not dismissed from his office for 
 any irregularity in his conduct as Clerk." 
 
 Mr. Justice Allcock of the King's Bench was elected 
 at the General Election in July, 1800, as Member of the 
 House for Durham, Simcoe and the East Riding of York : 
 his election was petitioned against and declared invalid : 
 and thereupon a new writ issued and at the ensuing elec- 
 tion Macdonell successfully contested the seat against 
 
158 BIOGRAPHICAL NOTES. 
 
 Mr. John Small. He took his seat for the first time July 
 4, 1801, and was a very prominent and active member. 
 He seems to have been the first member to urge that the 
 name ' ' Toronto ' ' should be restored to this district : his 
 petition presented February 16, 1804, represented that 
 the former name of Toronto was more familiar and 
 agreeable to the inhabitants of the Town, Township and 
 County of York, and he asked for and obtained leave to 
 bring in a bill to change the name for the Town, Town- 
 ship and County from York to Toronto. No bill was in 
 fact brought in and the matter seems to have been lost 
 sight of — his death in the same year was probably the 
 cause. The official name York given to the Town in 
 1794 was never cordially accepted by the inhabitants, 
 who preferred the name Toronto. 7 From the first to the 
 last day of his term, Macdonell urged the advisability 
 of encouraging the growth of hemp to supply the navy 
 with cordage: hemp-culture was a very common subject 
 of legislation and a more common subject of public and 
 private discussion, but it never proved a real success in 
 this Province. 
 
 At the general election in 1804 he defeated "William 
 Weekes, who succeeded him as member for that constit- 
 uency; David William Smith was a third candidate. 
 
 Macdonell had a very active practice (as appears 
 from the Term Books) ; he moved the last Rule 
 granted by the Court in the Term preceding his death : 
 in the following term there are instances of other practi- 
 tioners being admitted Attorney in his stead. It is not 
 without interest to note that he made the very first mo- 
 tion ever made in the Court of King's Bench for the 
 Province. On October 11, 1794, he obtained leave to file 
 a declaration, although the affidavit was not returned 
 with the writ. He, on the same day, filed a motion paper 
 for a Rule to set aside an award of arbitrators. The 
 third and only other motion for this term was made by 
 Mr. James Clark, who obtained a Rule to show cause 
 why a writ of enquiry should not be executed. 
 
JAMES CLARK. 159 
 
 No notice is taken in the Law Society records of the 
 shocking disaster of the loss of the "Speedy," her 
 crew and passengers — perhaps because the first meeting 
 thereafter did not take place till March, 1806. On 
 February 4, 1805, the Speaker informed the House 
 that he had sent notice to the Lieutenant-Governor 
 that the seat for Stormont and Glengarry and that 
 for Durham, Simcoe and the East Riding of York, 
 were vacated. These were the seats of Solicitor Gen- 
 eral Gray and of Macdonell. 
 
 Macdonell is No. 4 on the Common and Barristers' 
 Roll of the Law Society, No. 2 on the King's Bench Roll 
 of Attornies : he was a Bencher (No. 4 on the List) from 
 1797 till his death, and Treasurer from 1801. 
 
 He is sometimes confused with his elder brother 
 Alexander, also a Member of the Assembly, who was the 
 first Sheriff of the Home District, and who became 
 Manager of Lord Selkirk's Settlement at Baldoon, near 
 Lake St. Clair. 
 
 CHAPTER XXX. 
 
 JAMES CLARK. 
 
 James Clark came from the Mecklenburg (Kingston) 
 part of the Province, where he had been appointed one 
 of the Judges of the Court of Common Pleas -. he did not 
 sit in that Court after July 8th, 1789. Removing to 
 Newark, he (1793) became Clerk of the Legislative Coun- 
 cil 8 ; July 10th, 1794, he received a licence to prac- 
 tise as an Attorney and Advocate under 34 Geo. III., c. 
 4, and had a large practice, at least in the Court of 
 King's Bench. He made the third motion on the first 
 day on which the Court transacted business, October 
 11, 1794, and appeared very frequently for some years. 
 His last motion, so far as appears from the Term 
 Book, was July 9th, 1802 — the number of his appear- 
 
160 BIOGRAPHICAL NOTES. 
 
 ances having grown somewhat less for some years. 
 He got into trouble with a client, one Lane, for whom 
 he had collected money which he omitted to pay over. 
 Lane made an affidavit, which the Court, July 
 4, 1803, called upon Clark to answer; his answer was 
 unsatisfactory; an attachment issued July 15, "to lay 
 (sic) in the hands of the Sheriff of the District of 
 Niagara unexecuted until the last day of the ensuing 
 Assizes." Probably he paid up, as we hear nothing 
 further of the matter, and he was not suspended from 
 practice or struck off the Rolls. He was No. 5 on 
 both the Law Society's Rolls, and aJBencher from 1797* 
 till his death; his last attendance at a meeting was 
 in February 18, 1807. He is No. 3 on the Roll of 
 Attorneys of the King's Beneh. 9 
 
 CHAPTER XXXI. 
 
 CHRISTOPHER ROBINSON. 
 
 Christopher Robinson was a scion of the Vir- 
 ginia family of that name, the first of whom in America 
 was also called Christopher and came to this continent 
 as private secretary to Sir William Berkeley, Governor 
 of Virginia. The subject of this chapter was his great- 
 grandson; having been educated in William and Mary 
 College, he joined the British Army; and after the Revo- 
 lution (in 1784) emigrated to New-Brunswick, being the 
 only one of his family who did not take the Continental 
 side. He came, after four years, to Lower Canada,' and 
 in 1792, on the formation of the new Province, to Upper 
 Canada, residing in Kingston till 1798. He was 
 called to the Bar and practised his profession there; in 
 1798 he removed to York (Toronto), but died in three 
 weeks after his arrival at that place. 
 
 He was a member of the second House of Commons, 
 having been elected for Addington and Ontario. 6 He 
 took an active part in Legislation during the short 
 
CHRISTOPHER ROBINSON. 161 
 
 time he was a member of the House. He was reported 
 to the House as sick in his room June 3, 179&: but was 
 in his place by June 12 : his activity in the attempt to 
 allow immigrants to bring their negro slaves into 
 Upper Canada has been already noted : no doubt as a 
 Virginian and accustomed to slavery from infancy, he 
 saw no great harm in it — or perhaps the Bill was in- 
 tended as an immigration measure, as the Province 
 certainly was grievously in need of good settlers, who 
 would be welcomed on any honourable terms. More- 
 over, in the existing necessity for and scarcity of 
 working men, the* mind naturally turned to forced 
 labour: and Britons had not yet that instinctive hor- 
 ror of slavery which now characterizes them. 
 
 He died November 2, 1798, and on the opening day 
 of the succeeding session, June 22, the Speaker informed 
 the House that he had issued a writ for the election of a 
 Knight of the Shire for the County of Addington in his 
 place. 
 
 Robinson did not appear very frequently in the Court 
 of King's Bench in Term: May 1, 1795, one motion; July 
 17, 1797, eight ; and November, 1797, two, seem to be all. 
 In Trinity Term, 39 Geo. III., July 1, 1799, in a number 
 of cases, another is admitted as Attorney on the Record 
 "in the room of Robinson, deceased," and in one case, 
 Easter Term, 40 G-eo. III., 10th April, 1800, "in the 
 place of Christopher Robinson, Esq., deceased." The 
 first meeting was his only attendance at the Law Society ; 
 he was then residing in Kingston, and passage from that 
 town to Niagara or York was difficult and dangerous. 
 
 He left a family, several of whom took a prom- 
 inent part in Provincial life, particularly Sir John Bev- 
 erley Robinson, Bart., the first native Canadian Chief 
 Justice of the Province. Some of his descendants are 
 still on the Roll of the Law Society and are no discredit 
 to their distinguished ancestor. He is No. 6 on both 
 Rolls and was one of the first Benchers. His name is 
 not on the King's Bench Roll of Attorneys. 
 
162 BIOGRAPHICAL NOTES. 
 
 CHAPTER XXXII. 
 ALLAN McLEAN. 
 
 Allan McLean is No. 7 on the Law Society's Rolls. 
 He was a Bencher in 1799 ; attended meetings in 1803, 
 1806, 1807, 1808, 1809, 1810, 1815. He appeared in the 
 Court of King's Bench in Term for the first time during 
 Hilary Term, 1795, the second term the Court sat, and 
 thereafter he was a very active practitioner indeed. 
 
 He was, in 1804, elected to the House of Assembly 
 for the constituency of Frontenac ; he* attended every ses- 
 sion of that Parliament ; was re-elected to the fifth Par- 
 liament (1809), attended all the sessions, was re-elected 
 to the sixth Parliament (1812), and chosen as Speaker 
 of the House. Re-elected to the seventh Parliament 
 (1816), and again chosen Speaker; he was re-elected 
 (1820) to the eighth Parliament, but failed to be again 
 Speaker, Levius Peters Sherwood being chosen in his 
 stead. He attended throughout the session of 1821, which 
 is the last of which the proceedings have so far been 
 printed. (He is not to be confused with Archibald Mc- 
 Lean, member for Stormont, who became a Justice of the 
 King's Bench in 1837; Justice of the Common Pleas in 
 1850; of the Queen's Bench in 1856, and Chief Jus- 
 tice in that Court in 1862, dying in 1865.) 
 
 One incident of his Parliamentary career may be 
 mentioned: the "John Mills Jackson incident." Jack- 
 son was an Englishman of some means, who having in- 
 herited some land in Lower Canada and bought some in 
 Upper Canada, came out to view his property. He set- 
 tled here for a time and was struck with the many abuses 
 in the Departments of the Government ; on his return to 
 England, he in. 1809 published in London a pamphlet 
 entitled "A View of the Political Situation of the Pro- 
 vince of Upper Canada," in which he exposed many 
 abuses and gross wrongs. It does not seem to have had 
 a large circulation here — Jackson did not send any 
 copies out, and a few years afterwards Gourlay was un- 
 
ALLAN MjCLEAN. , 163 
 
 able to find any trace of a copy in Upper Canada — it 
 is very rare, although a copy turns up now and then in 
 the second-hand booksellers' shops. The pamphlet 
 concluded with a call to the King, Lords, and 
 Commons to look into the distribution of the 
 Crown Lands, the remonstrances of the Six Nation In- 
 dians, &c. Some one sent out a copy to this Province : Mc- 
 Lean, March 9, 1810, moved that it be read in the House : 
 the next day the House expressed "its abhorrence and 
 detestation of" this "infamous and seditious libel" and 
 McLean was appointed on the Committee to draw up an 
 address to the Lieutenant-Governor Gore accordingly. 
 He acted as Chairman of the Committee and drew up 
 an address that did not lack in vigour, condemnatory of 
 ' ' the most gross and false aspersions on ' His Excellency, ' 
 &c:," which appeared on "almost every page" of the 
 pamphlet which so much moved the House's "abhorrence 
 and indignation." On a vote of 12 to 4, the address 
 passed and met the approbation of even the exigent and 
 hard-to-please Gore. ' ' The greater the truth, the greater 
 the libel, ' ' was a well known maxim. 
 
 McLean was also more than once one of the Com- 
 missioners to settle the financial matters between the two 
 Provinces of Upper and Lower Canada. 
 
 Much of the goods imported into the Province came 
 by way of the St. Lawrence, and consequently through 
 the Province of Lower Canada. A duty was imposed 
 on most imported goods by Lower Canada: and an ar- 
 rangement was entered into through Commissioners ap- 
 pointed by the Governors (the Upper Canada Act is 
 1793, 33 Geo. III., c. 9), whereby (speaking generally) 
 Upper Canada refrained from imposing duties upon 
 goods coming through Lower Canada and the two Pro- 
 vinces divided the income from the Lower Canadian 
 duties. A new arrangement was made by Commissioners 
 appointed under the Act of 1796, 36 Geo. III., c. 6, and 
 that of 1797, 37 Geo. III., c. 12. An Inspector appointed 
 and paid by the Provinces jointly was stationed at Coteau 
 du Lac to keep track of the imports — the arrangement 
 
164 BIOGRAPHICAL NOTES. 
 
 to begin March 1, 1797, and to run for four years. „ It 
 was slightly but not substantially modified February 
 11th, 1799, and ratified in that year by the Legislature 
 39 Geo. III., c. 5. 
 
 Lieutenant-Governor Peter Hunter, in his message to 
 Parliament May 28, 1801, speaks of Commissioners to 
 be appointed by him "under the authority of an Act of 
 last Session," but no account is to be found of such an 
 Act in the Journals of the Legislature and no copy of it 
 is in existence. The Commissioners themselves claimed 
 to have been appointed under the Act of 1796, but that 
 Act expired in 1798, August 1st, and was not extended — 
 the appointment seems to have been made under the Act 
 of 1797, 37 G-eo. III., c. 12, which was perpetual. 
 
 Timothy Thompson (whom we shall me^t again) was 
 one of the Commissioners ; the Hon. Richard Cartwright 
 of Kingston (grandfather of the late Sir Richard J. 
 Cartwright, the late James S. Cartwright, M.C., and 
 .John R. Cartwright, Deputy Attorney General), was 
 the other ; the result of their labours is to be seen in the 
 validating Act (1801), 41 Geo. III., c. 4, which also 
 states the appointment of the Commissioners to have 
 been under the Act of 1796 : each Commissioner was 
 paid £100 ($400) for his services, July, 1801. The 
 arrangement was to last till March 1, 1805. 
 
 To complete the story so far as it concerns the per- 
 sons now under consideration — in 1804 a new commis- 
 sion was issued by Lieutenant-Governor Hunter, appoint- 
 ing Samuel Sherwood (whom we- shall meet again) along 
 with Cartwright and another Legislative Councillor, 
 Hon. Robert Hamilton: July, 1804, they met the 
 Commissioners from Lower Canada and continued the 
 arrangement till March 1, 1809; this was confirmed, 
 45 Geo. III., c. 4, and each Commissioner paid £100: 
 the arrangement was continued in 1809 by ,49 Geo. 
 III., c. 4: in 1811 by 51 Geo. III., c. 5: in 1813 by 53 
 Geo. III., c. 8: in 1814 by 54 Geo. III. f c. 18: in 1816 
 by 56 Geo. III., c. 29: and finally repealed in 1818 
 
WILLIAM DUMMEE POWELL, JUNIOR. 165 
 
 by 58 Geo. III., c. 13. But a Commission of whom 
 Samuel Sherwood and Allan McLean were two, made 
 a new arrangement May 31, 1817, for the time 
 from January 1, 1817, till July 1, 1819. On this arrange- 
 ment expiring there arose considerable contention be- 
 tween the Provinces, Lower Canada keeping all the cus- 
 toms duties. A new Commission appointed failed to 
 agree : the Lieutenant-Governor, Sir Peregrine Maitland, 
 drew the attention of Parliament to the facts March 30, 
 1821, the whole matter was considered by a Committee 
 and an address presented to the Governor. An attempt 
 was made to have the matter dealt with by the Home 
 authorities, a commission appointed under the authority 
 of 2 G«o. IV., c. 19, was sent home for that purpose, but 
 the dispute was never satisfactorily settled, even on the 
 Union in 1841-42. Commissioners sat from time to time 
 to settle the proportion to be received by each Province : 
 at the time of Lord Durham's Report, Upper Canada 
 received only two-fifths. 
 
 CHAPTER XXXIII. 
 WILLIAM DUMMER POWELL, JUNIOR. 
 
 The William D. Powell who was one of the ten law- 
 yers who attended this first meeting has usually been 
 supposed to be the Honourable William Dummer Pow- 
 ell, afterwards Chief Justice of the Province; but he 
 was in reality the second son of the Chief Justice and 
 with the same names. The elder William Dummer Pow- 
 ell was born in 1755, in Boston, and, taking with his 
 father the Loyalist side, was under arms at the siege of 
 Boston. He went to England with Gage when he was 
 relieved of his command, and studied law in the Middle 
 Temple, entering January 24, 1776. Afterwards he prac- 
 tised law in Montreal, and was when residing there, but 
 
166 BIOGRAPHICAL NOTES. 
 
 on a visit to England, called to the Bar of the Middle 
 Temple, February 6th, 1784. He was in 1788 appointed 
 First Judge (with the powers of three Judges) of the 
 Court of Common Pleas in the- -District of Hesse; the 
 Court sat at L'Assomption (Sandwich), but the Judge 
 resided in Detroit. In 1794, on the organization of the 
 Court of King's Bench for the Province, he became the 
 first puisne Justice of that Court, and in 1815 was ap- 
 pointed Chief Justice; resigning in 1825, he died in 
 1834. 
 
 William Dummer Powell, Junior, was born in Eng- 
 land in 1778. On his way to Montreal with his mother 
 to join the father and husband, they were captured by 
 an American privateer and taken to Boston. No harm 
 was dpne the prisoners ; they were released and got safely 
 to Montreal. They accompanied the elder Powell in 1788 
 in his journey to Detroit, and apparently it was at De- 
 troit that the younger Powell received his legal educa- 
 tion. His name does not occur again in the records of 
 the Law Society except as attending meetings, November 
 9, 1799, and January 13, 1800. He is No. 8 on the Law . 
 Society's Rolls and No. 9 on the King's Bench , Roll of 
 Attorneys — he was a Bencher (No. 10) from 1799 till his 
 death. 
 
 He made no great name at the Bar. His name occurs 
 from time to time in the Term Books, and finally, Novem- 
 ber 10, 1803, Mr. Macdonell is admitted Attorney in a 
 certain case, ' ' in the place of William Dummer Powell, 
 deceased" — his father, with Allcock, C.J. and Cochran, 
 J., constituting the Court. 
 
 His runaway marriage was one of the many romances 
 of the early days of Upper Canada. He left two chil- - 
 dren, one of whom married Sheriff William Botsford 
 Jarvis of Toronto, the other William C. Gwynne. 
 
 William Dummer Powell, Junior, had he lived longer 
 — he died at 25 at Thorold, where he lies buried — might 
 have been as well known as his brothers John, Alder- 
 man Powell, the "Saviour of Toronto," who in 1837 
 
STEWART, HAGERMAN, BEAEDSLEY. 167 
 
 made known to the sleeping city the approach of the 
 rebels, and Dr. 'Grant Powell, the army surgeon during 
 the war of 1812. It may be noted that his father, the 
 Judge, drew the articles of capitulation when the 
 Americans took York in 1813. 
 
 CHAPTER XXXIV. 
 
 ALEXANDER STEWART, NICHOLAS HAGER- 
 
 MAN, BARTHOLOMEW CRANNELL 
 
 BEARDSLEY. 
 
 Alexander Stewart, No. 9 on the Law Society's Rolls, 
 No. 10 on the King's Bench Roll of Attorneys, had a 
 very active practice in the Court of King's Bench, his 
 first appearance in Term being April. 10, 1796. He at- 
 tended the meetings of the Law Society very regularly 
 from 1801 till 1809, the last meeting attended by him 
 being Michaelmas Term, 50 George III. An affidavit by 
 him is filed in the King 's Bench, November 8, 1819, and 
 his name does not afterwards appear in the Term Books. 
 His last appearance in Court as counsel was January 2, 
 1809, acting for John Silverthorn, who had been charged 
 with an assault. He became a Bencher first in 1799, and 
 is No. 11 on the List. 
 
 Nicholas Hagerman (sometimes spelled with two g's), 
 No. 10 on the Law Society's Rolls, No. 8 on the Attor- 
 neys' Roll, was an American of Dutch descent, a United 
 Empire Loyalist, who came to this country after the 
 American Revolution with Major Van Alstine, the 
 "Fighting Quaker." Hagerman (as the name was soon 
 consistently spelled) is believed to have studied law in 
 his native State, New York, before emigrating to Canada : 
 he "took up land in Adolphustown. His son, Christopher 
 Alexander Hagerman, who was made a Justice of the 
 King's Bench, is better known than his father; the son 
 took part in many of the most acrimonious political 
 
168 BIOGBAPHICAL NOTES. 
 
 squabbles of his time, and was as well hated by the Radi- 
 cals and loved by the Tories as any man of his time. 
 Father and son were advocates against each other many 
 times. The anecdote is told — se non e vero, e ben 
 trovato — that on one such occasion at Kingston the son 
 was successful, much to the elder man's annoyance. The 
 father exclaimed, "Have I raised a son to put out my 
 eyes?" to which the answer was returned, "No; to open 
 them, father." 
 
 Although made a Bencher in 1799, the elder Hager- 
 man did not attend another meeting of the Society till 
 1808, when he proposed his son, Christopher Alexander, 
 who was articled to himself, to be entered on the books 
 as a Student 1 at-Law. He attended once in 1811 and not 
 afterwards: I have not noticed his name in the Term 
 Books. 
 
 Bartholomew Crannell Beardsley's name appears 
 very seldom in Term Books or Law Society's proceed- 
 ings. He is No. 11 on the Law Society's Rolls, No. 14 
 on the King's Bench Roll of Attorneys, and became a 
 Bencher in 1799. 
 
 CHAPTER XXXV. 
 
 WALTER ROE. 
 
 In addition to these ten there were five other practi- 
 tioners created Barristers at the first meeting — Walter 
 Roe, Timothy Thompson, Jacob Farrand, Samuel Sher- 
 wood and John McKay. 
 
 Walter Roe, No. 3 on the Law Society's Rolls, not on 
 the King's Bench Rolls, was the son of a resident of 
 London, England, a man of some means. His father 
 died, and, his mother marrying again, Walter became 
 dissatisfied with his home and went to sea. After fol- 
 lowing the sea for some years, he attracted the attention 
 
WALTER ROE. 169 
 
 of his Captain by his intelligence and ability. When 
 the ship reached Montreal, the Captain persuaded Roe to 
 enter a law office : he did so, and was admitted to prac- 
 tise law in 1789, April 13th, under the provisions of the 
 Ordinance of 1785 — I have his commission before me as 
 I write. He must have left Montreal at once, for we find 
 him in active practice in the District of Hesse that same 
 summer. He appeared in the Court of Common Pleas in 
 and for the District of Hesse the first day it sat, 
 July 17, 1789, and was the only professional man who 
 practised in that Court during the five years of its exist- 
 ence (so far as appears by the extant records) ; he 
 appeared, indeed, in practically every case of import- 
 ance. 
 
 Trained in the French-Canadian law and in the prac- 
 tice prescribed by the Quebec Ordinances of 1777, &c, 
 he was at a disadvantage, when in 1792, the Legislature 
 of Upper Canada introduced the English law and in 1794 
 destroyed the Courts of Common Pleas, instituting the 
 Court of King's Bench in their place. His name does 
 not appear as Counsel in the Term Books, although sev- 
 eral motions are made by Counsel as his agent ; once too 
 his name occurs as witness. 
 
 He was a considerable landholder in the Western Dis- 
 trict, his name appearing in many chains of title. It was 
 he, it is said, who delivered to the Americans the keys 
 of the Fort at Detroit on the surrender of that place by 
 the British in 1796 under the terms of "Jay's Treaty" 
 of 1794. He was made Registrar for the Western Dis- 
 trict by Governor Simcoe in 1796, the Commission being 
 still extant in the possession of his grandson, Albert E. 
 Roe, Toronto. 
 
 Although a Bencher from 1797, No. 3 on the List, 
 he never attended any meetings of the Law Society. 
 
 It may be noted that it was a son of his, William 
 Roe, who was the Government clerk who saved much of 
 the public money of the Province from the Americans on 
 their capture of Tork (Toronto) in 1813, by burying it 
 
170 BIOGRAPHICAL NOTES. 
 
 on the farm of John Beverley Kobinson, east of the Don 
 Bridge, oh the Kingston Road. 
 
 William Roe afterwards became a prominent mer- 
 chant at Newmarket. The family tradition is that he 
 was a juror on the trial of Lount and Matthews, March 
 26, 1838, for their part in the Mackenzie Rebellion. That 
 would appear to be a mistake, as these unfortunate men 
 pleaded Guilty. The trial referred to was probably that 
 of Dr. James Hunter of "Whitby, who* was tried the same 
 day his two friends were executed, April 12, 1838. 
 On this jury was Mr. Gooderham— the original Gooder- 
 ham, grandfather of the present generation. I have it 
 from one who remembered those days, Sir Aemilius 
 Irving, that when the jury retired to their room, Mr. 
 Gooderham said: "Gentlemen, we have had enough hang- 
 ing," and drawing his cloak about him, added, "When 
 you are agreed on a verdict of Not Guilty, call me. I 
 am going to have a sleep. ' ' He then lay down. A ver- 
 dict of Not Guilty was arrived at with no great delay. 
 
 CHAPTER XXXVI. 
 
 TIMOTHY THOMPSON. 
 
 Timothy Thompson was a United Empire Loyalist 
 who had been an Ensign in the King's Royal Regiment 
 of New York. He came to the Bay of Quinte District at 
 South Fredericksburg, and settled on a farm near Con- 
 way. It does not appear when he studied law (if he did) 
 or when he began practice : he was undoubtedly a man 
 of much consequence in his neighbourhood. He became 
 a Bencher in 1799, but did not attend meetings, nor did 
 he take part as Counsel in Term in the King's Bench. 
 
 Elected a member of the second House of Commons, 
 for Lennox, Addington and Hastings in 1796, he took 
 no part in the proceedings of 1798 (the records for 1796 
 and 1797 are lost) ; he was one of the five members re- 
 ported against as absent June 17, 1799, and took his 
 
TIMOTHY THOMPSON. 171 
 
 place June 19, perhaps because of the business shortly 
 to come on. 
 
 On June 20, Thomas Ward presented a petition to be 
 relieved from the stringent provisions of the Law Society- 
 Act; and Solicitor General Gray and Thompson were 
 appointed to take the petition into consideration and to 
 report. On June 22 they did report, very strongly 
 against the petition, and advised that Ward should be 
 referred to the Law Society — the Report was adopted. 
 It is satisfactory to know that Ward applied regularly 
 to the Law Society and was admitted (No. 32) on the 
 Books of the Society — he became a Barrister in Hilary 
 Term, 1808 (No. 33), a Bencher in 1820 (No. 29) and 
 had a very long career in the Newcastle District. 
 Before becoming a Barrister, Ward was admitted to 
 practise as an Attorney. No regular or other entry of 
 his admission on the Brooks of the Law Society was made 
 at the time ; but April 6th, 1803, the Society noticed that 
 though he had been admitted as Attorney, no entry had 
 been made of his admission to the Law Society : accord- 
 ingly while he was acknowledged as an Attorney he had 
 to wait five years more for his Call. 
 
 After having got started, Thompson was a very active 
 legislator so long as he remained a member of the House. 
 He was re-elected for the third Parliament in 1800, but 
 in 1805 was replaced by Thomas Dorland, and disap- 
 peared from public life. As late as 1820 he was a repre- 
 sentative to the Grand Lodge, A. F. & A. M., from his 
 Lodge, No. 7, the first Masonic Lodge in the Midland 
 district. 
 
 Some of his actions while member may be referred 
 to. Timothy Thompson, with two other members, was, 
 June 11, 1798, rebuked by the House for not having 
 attended duty in Parliament : they were threatened with 
 a fine if they did "not attend their duty more relig- 
 iously ' ' in future. He was made Chairman of the Com- 
 mittee on the invasion of the Bights and Privileges of the 
 House in the amusing Burns episode. 
 
172 BIOGRAPHICAL NOTES. 
 
 An enquiry was being made through a Committee of 
 the House into the fees which those connected with the 
 administration of justice as lawyers or officers were in 
 the habit of receiving: the Committee directed (with 
 others, amongst whom was William Weekes), David 
 Burns, who was Clerk of the Crown as well as Master 
 in Chancery of the Legislative Council, to attend. 
 All the others did so, but Burns contented himself 
 with sending a list of the fees he was in the habit of 
 receiving as Clerk of the Peace: and declined to attend 
 in person. On this being reported to the House, the Ser- 
 geant-at-Arms was ordered to take Burns into custody, 
 and the Speaker issued his warrant accordingly. Burns 
 promised that he would surrender himself, but when the 
 time came he went to the Legislative Council : the Ser- 
 geant-at-Arms went to get him, was called into the Coun- 
 cil Chamber by the Usher of the Black Rod and received 
 a severe rebuke from the Chief Justice, who was Speaker 
 of the Council. He reported to the House, who deter- 
 mined, on Angus Macdonell's motion, to do no business 
 till they had vindicated the rights and privileges of the 
 House. A warrant was issued by the Speaker of the 
 House, and Burns was brought under it to the Bar of 
 the House: he said that he intended no disrespect, but 
 that he could not as a servant of the Crown answer any 
 questions without the consent of His Majesty's Represen- 
 tative : he refused to express contrition and was ordered 
 from the Bar of the House, but to remain in custody of 
 the Special Messenger. He was shortly afterwards re- 
 leased and the matter patched up. This was one of the 
 first attempts by the Commons to control the expendi- 
 ture of public money: Burns was acting under instruc- 
 tions from the Government of the day, who contended 
 that such matters were their business and not that of 
 the people. 
 
 We have seen that Thompson acted as Commissioner 
 in fixing the proportion each Province was to receive of 
 the Custom Duties. 
 
JACOB FAEEAND. 173 
 
 Thompson is No. 12 on the Common Roll, No. 12 on 
 the Barristers' Roll, No. 7 on the Benchers' List and No. 
 5 on the Roll of Advocates and Attorneys of the King's 
 Bench. He was on the Commission of the Peace of the 
 Newcastle District from its formation and frequently 
 acted as Chairman of the Quarter Sessions. 
 
 CHAPTER XXXVII. 
 
 JACOB FARRAND. 
 
 Jacob Farrand is No. 13 on both the Law Society's 
 Rolls, No. 14 on the List of Benchers (1799), and No. 
 7 on the King's Bench Roll of Attorneys. He was born 
 in New York in 1763 and was the nephew of Major Gray 
 and consequently the cousin of Solicitor General Gray. 
 He took the Loyalist side and was made a Lieutenant 
 in the First Battalion, King's Royal Regiment of New 
 York, having seven years of active service. He came to 
 Upper Canada and settled in the Eastern District, re- 
 ceived a licence to practise under the Act of 1794, and 
 thereafter his name is occasionally to be found in the 
 Term Books. Even before receiving a licence to practise 
 he acted as a lawyer: his name occurs as agent acting 
 under Power of Attorney in the Court of Common Pleas 
 in and for the District of Luneburg (the Eastern Dis- 
 trict). 
 
 His practice lay in that District, where he was Clerk 
 of the Peace from 1789 : he was also Registrar of Stor- 
 mont and Glengarry from 1796 and of Dundas from 
 1800 — acting in all these offices until his death May 11th, 
 1803 — his remains lie in the graveyard adjoining the 
 Bishop Strachan Memorial Church. 
 
 His descendants are still to be found in that region— 
 the late Judge Pringle was a grandson. 
 
 It may be added that Jacob Farrand in 1788 received 
 from Lord Dorchester a Commission as Captain in the 
 Battalion of Militia, of Williamsburg and Matilda. 
 
174 BIOGRAPHICAL NOTES. 
 
 CHAPTBE XXXVIII. 
 SAMUEL SHERWOOD. 
 
 Samuel Sherwood was the son of Justus Sherwood 
 and brother of Levius Peters Sherwood, who became Jus- 
 tice of the King's Bench — Mr. Justus Sherwood is occa- 
 sionally confused with Mr. Justice Sherwood, his son. 
 
 Justus Sherwood 10 was a native of Connecticut 
 (probably of Hebron, Conn.), of English descent; he 
 went in 1774 to New Haven, Vermont, settling on the 
 farm on Lanesboro Street afterwards owned by Judge 
 Elias Bottom, and still known as the "Bottom Place," 
 being lot number 31 of the town as originally laid out 
 under its charter from Governor Benning "Wentworth of 
 New Hampshire: Sherwood there built a house, still 
 standing. He was "Proprietor's Clerk" from 1774 till 
 1776, when, as the records have it, "he was a Tory and 
 fled to Canada." 
 
 He seems to have gone to St. John's, Quebec. He 
 became a Captain in a Partizan Corps raised among the 
 United Empire Loyalists and well known as the ' ' Queen's 
 Loyal Rangers, ' ' commanded by Lieut.-Col. John Peters, 
 a native of Hebron, Conn. He took part with his regi- 
 ment — and with conspicuous gallantry — in the Battle 
 of Bennington; and throughout the Revolutionary War 
 was "forward in every service of danger," as his Colonel 
 testifies. 
 
 In July, 1781, with a company of 23 men, he took 
 possession of Dutchman's Farm, on Lake Champlain, 
 and fortified a part of it. He renamed the place ' ' Loyal 
 Block House" and kept possession of it till the Treaty 
 of Peace in 1783, which acknowledged the independence 
 of the United States; he then sold the farm, reserving 
 the Block House as "King's Property," and went to St. 
 John's. The Block House continued to be occupied by 
 British troops, certainly till 1792, and probably till 
 1796, when it was given up to the Americans under the 
 
SAMUEL SHERWOOD. 175 
 
 provisions of "Jay's Treaty," along with Detroit, Nia- 
 gara and other places on that side of the international 
 boundary. 
 
 Captain Justus Sherwood in 1784 came with family 
 and slaves, located two miles above Prescott, in the 
 Township of Augusta, and took up land in that Town- 
 ship. He obtained the patent of the north-east quarter 
 of lot 17 in the 5th concession in 1796, and his son Samuel 
 patents of lots 7 (in 1799) and 8 with the east half of 9 
 (in 1801), in the first concession, 300 acres; while Levius 
 Peters Sherwood received those of lots 8 and 9 in the 
 2nd (1801) with lot 25 and the east half of lot 26 in 
 the 4th concession (in 1802). 
 
 Samuel was left behind in Montreal to study law 
 in the office of "Lawyer Walker," where he remained 
 two or three years. Walker's name does not appear in 
 the extant list of legal practitioners, but that list is 
 known to be defective. Sherwood was in 1796 granted a 
 licence .under the Act of 1794 and so was a member of 
 the profession in active practice in 1797 when the Act 
 was passed instituting the Law Society ; he received the 
 degree of Barrister-at-Law in that year with the others. 
 He is No. 14 on both the Rolls. He appeared in Term in 
 the King's Bench only very occasionally: no doubt he 
 found it cheaper and better to employ Counsel than to 
 take the arduous as well as dangerous trip to the Cap- 
 ital. He became a Bencher in 1797, No. 15 on the List, 
 but did not attend meetings, no doubt for the same 
 reason that he did not appear in Term. Practising in 
 the District of Johnstown, he was appointed a Justice 
 of the Peace and afterwards Judge of the District Court, 
 the first lawyer, it is said, to fill that position. 
 
 He was elected in 1801 for the third Parliament of 
 Upper Canada as member of the House of Assembly for 
 Grenville. He attended the first session from the 
 first day, and took a very active part in the task of 
 legislation. Though late in attending the second session, 
 he was equally active in that session. With six others 
 
176 BIOGRAPHICAL NOTES. 
 
 he was reported against in the session of 1803 as absent 
 from duty, and his name does not appear on any division 
 list during that session. He was active in 1804, and was 
 (possibly for that reason) refused leave late in the ses- 
 sion to go home. He was apparently re-elected in' 1805 
 for the fourth, in 1809 for the fifth, and in 1812 for 
 the sixth Parliament, though he does not seem to have 
 taken any active part in that Parliament till 1814. He 
 does not appear to have been afterwards a member: he 
 was succeeded at the election of 1816 by Jonas Jones. 
 
 He was a man of great capacity and an able law- 
 yer, though he did not achieve such prominence as his 
 brother, who became a Justice of the King's Bench. 
 
 The most celebrated cases in which he was concerned 
 were those arising out of the Red River troublesr The 
 Earl of Selkirk founded a settlement in the North-West 
 in what is now Manitoba: the North- West Company, a 
 fur trading company, did not want any agricultural 
 settlement in their hunting and' trading ground, and 
 there was much trouble between the company's servants 
 and Selkirk's settlers, extending to bloodshed in more 
 than one instance. Selkirk arrested a number of these 
 servants and sent them east for trial. They were tried 
 at York, October, 1818, before the full bench of King's 
 Bench Judges and their associates, with a jury. Samuel 
 Sherwood, his brother, Levius Peters Sherwood, and Dr. 
 W. W. Baldwin, defended them. The proceedings are 
 extant, and show that the whole trial was conducted with 
 great decorum and much skill and judgment on both 
 sides. The verdict was an acquittal. 
 
 He is not infrequently confounded with his nephew 
 of the same name (son of the Judge) and Registrar at 
 Toronto. He is No. 13 on the Attorneys' Roll. 
 
JOHN MCKAY, WILLIAM WEEKES. 177 
 
 CHAPTER XXXIX. 
 
 JOHN McKAY, WILLIAM WEEKES. 
 
 Of John McKay, No 15, on both Rolls. No. 16 on 
 the Benchers' List, I can find no account. He does not 
 seem to have received a licence under the Act of 1794 
 and did not sign the King's Bench Roll of Attorneys: 
 I do not find his name mentioned in the Term Books. 
 
 Perhaps he was the John McKay (see 2 Geo. IV„ 
 c. 22 (U.C.), a Provincial Act) who was one of the exe- 
 cutors of the estate of the only other who was admitted 
 Barrister- at-Law during the 1700 's and whom it may be 
 well now to mention. 
 
 William Weekes (or Weeks), No. 16 on the Law So- 
 ciety's Rolls, No. 13 on the Benchers' List, and 15 on 
 the Attorneys' Roll, was an Irishman, and had been a 
 law student in his native land; the tongue of scandal 
 afterwards did not hesitate to say he had been disloyal 
 even there. He emigrated to New York, where for a 
 time he was a supporter (it is said, a student) of the 
 notorious Aaron Burr. Becoming tired of the new 
 Republic, he made his way into Upper Canada, where 
 he was admitted to practise (No. 15 on the Roll) as an 
 Attorney, April 10th, 1798, and in Trinity Term, 1799, 
 he was given the degree of Barrister-at-Law. He was a 
 turbulent spirit, with great flow of language and no little 
 ability. He soon acquired a very large practice, his 
 name appearing in a great percentage of the motions in 
 Term, and it is well known that he was in great demand 
 at Nisi Prius. 
 
 Like many of his countrymen, he was "agin' the 
 gover'ment," and became a leader in the Radical Party. 
 Angus Macdonell, who had been elected to represent Dur- 
 ham, Simcoe and the East Riding of York, being, as we 
 have seen, drowned in the "Speedy" disaster in October, 
 1804, Weekes, whose life had been saved by his riding 
 
178 BIOGRAPHICAL NOTES. 
 
 to the Court town instead of taking ship, came forward 
 as a candidate on the Radical side. Largely through 
 the influence of his friend and fellow countryman, Sher- 
 iff Joseph Willcocks (who had been without a doubt a 
 United Irishman in his native land), he was elected and 
 took his seat February, 1805. This was the Willcocks 
 who was, in 1808, committed by the House of Assembly 
 to gaol for contempt, and who, after fighting for his 
 country at Queenston Heights, deserted and became an 
 officer in the American Army. He was shot and killed 
 at the siege of Fort Erie, clad in an American Colonel's 
 uniform. Some say he was goaded into rebellion : Credat 
 Judaeus Appella. 
 
 Weekes joined himself to Mr. Justice Thorpe, another 
 Irishman and equally turbulent. He was with him at 
 Charlotteville when Thorpe made the address to the 
 Grand Jury, comment by the ardent Tory, Colonel Jo- 
 seph Eyerson, upon which led to the only prosecution 
 for scandalum magnatum 1X which so far as is known was 
 ever instituted on this side of the Atlantic: it also led, 
 no long time afterwards (1807), to Thorpe's dismissal. 
 In that address Thorpe attacked the Government in no 
 measured terms, and Gore was not the man to over- 
 look such an offence. 
 
 Weekes did not live long to enjoy his position as 
 member of the House. In October, 1806, he appeared 
 with his colleague, William Dickson (called in Easter 
 Term, 1803, No. 27 and 21 on the Law Society's Rolls, 
 No. 19 on the list of Benchers), as Counsel in a case 
 tried before Mr. Justice Thorpe at Niagara. In his 
 address he assailed the Government most violently with- 
 out interference from — rather with the approval of — the 
 Bench; Dickson followed with a vigorous rebuke to his 
 colleague. No notice was taken by Weekes that day 
 (Monday) or the next, but the following day he sent 
 Dickson a challenge. Contemporary letters (in my pos- 
 session), wholly private in their nature, assert plainly 
 that Weekes spent the evening and part of the night 
 
WILLIAM WEEKES. 179 
 
 before the challenge at a tavern with Thorpe, and that it 
 was arranged by them that a challenge should be sent to 
 Dickson, in the belief that Dickson having a wife and 
 large family, Weekes having neither, Dickson would 
 refuse and permit himself to be branded as a coward. 
 But the intended victim accepted the challenge ; the 
 duellists crossed the river on the morning of Friday, 
 October 10, 1806, and in the shadow of a bastion of the 
 old Fort, Weekes received a mortal wound, of which he 
 'died the same evening. He was succeeded in his seat 
 by his friend, Thorpe, much to the disgust of the Gover- 
 nor and the official party and not a little to Thorpe's 
 own undoing. 
 
 Dickson was afterwards, September 27, 1815, the 
 Honourable William Dickson, member of the Legislative 
 Council; "an enterprising Scotsman." He was the 
 mainspring of the celebrated prosecution and banish- 
 ment of Robert G our lay, "The Banished Briton," in 
 1819. 
 
 Weekes was a man of public spirit. We find him 
 subscribing liberally to a scheme for opening up Yonge 
 Street; and by his will he left his property for educa- 
 tional purposes. The trusts of this will came up more 
 than once in Parliament, and the administration of the 
 estate was the subject of considerable scandal — it was 
 claimed that the administrators in high station got most 
 of it. 
 
 He was very fond of shooting, and on one occa- 
 sion his prolonged absence gave great anxiety to his 
 friends. What were taken to be human remains found 
 on the premises of Peter Ernst (or Ernest), a German 
 settler on the Kingston Road, caused that honest man 
 to be accused of his murder. Things looked dark for 
 Ernst till Weekes turned up alive and well. 
 
 Weekes. was very impulsive and frequently got into 
 trouble with the Courts through his hasty temper. One 
 instance Is of record: — 
 
180 BIOGRAPHICAL NOTES. 
 
 In Michaelmas Term, 43 Geo: III., 8th November, 
 1802, at a sittings of the King's Bench (present All- 
 cock, C.J., and Powell, J.), an order was made as fol- 
 lows: "The Court will permit that Mr. Weekes appear 
 in his place at the Bar to-morrow, when he may state 
 his contrition for his offence, and particularly for the 
 insult personally offered to the Chief Justice, and the 
 Court will then consider what further order will be 
 just to be made with reference to Mr. Weekes. 
 
 By the Court, 
 
 David Burns, 
 
 Clerk of the Crown, &c. ' ' 
 
 Peace was shortly declared — no doubt Mr. Weekes 
 made proper apology, for next day the same Court di- 
 rected that the order with respect to Mr. Weekes be 
 rescinded and we hear no more of the matter. 
 
 I extract one more entry from the Term Books of the 
 King's Bench. 
 
 In Trinity Term, 42 Geo. III., July 17, 1802, the full 
 Court, Elmsley, C.J., Powell and AHcock, JJ., in a case 
 of William Weekes v. Hon. Thomas AHcock, ordered that 
 the venue be changed from the Home District to the 
 District of Niagara, Mr. Thos. Scott (afterwards Chief 
 Justice of Upper Canada) being Attorney for the De- 
 fendant. 
 
 This was the last sittings at which Chief Justice 
 Elmsley sat in Upper Canada: he was appointed Chief 
 Justice of Lower Canada in October, 1802, and AHcock 
 was appointed to succeed him as Chief Justice of Upper 
 Canada. 
 
SIR DAVID WILLIAM SMITH, BART. 181 ' 
 
 CHAPTER XL. 
 
 SIR DAVID WILLIAM SMITH, BART. 
 
 There were four persons who had received a licence 
 under the Act of 1794 who never became Barristers — 
 they were David William Smith, No. 1 ; Richard Barnes 
 Tickell, No. 2 ; Davenport Phelps (who did not sign 
 the Roll of Attorneys), and Charles J. Peters, No. 11, 
 on the Roll of Attorneys. 
 
 Of the four advocates who did not become Barristers- 
 at-Law, the only one calling for special attention is 
 David William Smith. He was the only son of Major 
 Smith, the well-known Commandant at Detroit, who be- 
 came Commandant at Niagara in 1792, and dying, No- 
 vember 19, 1795, "Commandant of Niagara and its de- 
 pendencies," was buried November 22 "in the family 
 vault on the west side of the Niagara after forty years' 
 continuous service, without ever having been absent from 
 duty." The son was a Lieutenant in his father's regi- 
 ment (the 5th Foot), and was appointed Deputy Judge 
 Advocate at Niagara. On July 7th, 1794/ i.e., imme- 
 diately after the institution of the Court of King's 
 Bench, he, then living at Newark, received a licence 
 under the Act 34 Geo. III., from Governor Simcoe "to 
 be and appear as Advocate and Attorney in all and every 
 of His Majesty's Courts." (This licence is dated at 
 Navy Hall, July 7th, 1794, and is copied at the back of 
 Term Book No. 2). I do not find that he ever appeared 
 in Court; his licence forbade him taking "a Clerk or 
 Clerks by way of qualifying him or them to appear or 
 act as an Advocate or Attorney. ' ' 
 
 He was in 1792 elected a member of the House for 
 Kent in the first Parliament, in 1796 for the second, 
 third and fourth Ridings of Lincoln in the second Par- 
 liament (when he was made an Executive Councillor), 
 and in 1800 for Norfolk, Oxford and Middlesex, in the 
 third Parliament. He was Speaker in the second and 
 
182 BIOGRAPHICAL NOTES. 
 
 third Houses. Curiously enough he is called the repre- 
 sentative for Durham, Simcoe and the East Biding of 
 York in the printed report of the Proceedings of the 
 House upon the motion that he be Speaker of the third ; 
 and also "one of the Judges of the Court of King's 
 Bench/' which he was not. Mr. Justice Allcock was 
 both the Judge and the representative. It is probable 
 that there is an omission 12 in the printed Report and 
 that Allcock 's name appeared in some way. 
 
 In June, 1799, being then Speaker as well as Acting 
 Surveyor-General for the Province, he received leave 
 from the House to return to Europe. He had not re- 
 turned by the opening day of the succeeding session, 
 June 5, 1800, and Samuel Street was elected in his stead. 
 Re-elected Speaker in the new Parliament, May 28, 
 1801, he presided during that session and the next ; but 
 he was again absent in 1803, and Richard Beasley was 
 elected. He went to and returned from England from 
 time to time, and finally being allowed a pension of £200 
 sterling per annum from the Provincial funds, he went 
 there permanently. He was made a Baronet in 1821 
 and died in 1837. 
 
 Very many papers of his which are of extreme value 
 in the early history of this Province are now in the 
 Toronto Public Library on College Street. 13 
 
 Of the fifteen practitioners who were by law entitled 
 to take part in the formation of the Law Society there 
 were ten who exercised their right — of the five who did 
 not, one, "William Birdseye Peters, afterwards joined the 
 Law Society (No. 25 on the Common Roll, Easter Term, 
 43 Geo. III., 1803) and was called (No. 20 on the 
 Barristers' Roll in the same Term). 
 
 The other four, however, remained "Advocates" 
 ("Advocate" in Civil Law Courts corresponds to "Bar- 
 rister" in Common Law Courts) with all the rights of 
 Barristers-at- Law. 
 
NOTES. 183 
 
 NOTES TO PART IX. 
 
 iSome of the information here set out is derived from the 
 Diary of John White, now in the possession of Miss Helen M. 
 Merrill of Toronto, who is about to publish it with notes: it 
 contains many interesting statements ooneerning Upper Canada 
 and Upper Canadians of the period. 
 
 2 A contemporary writer gives an account of an episode in 
 Court at Niagara which must refer to White and which presents, 
 him in no very favourable light. 
 
 "An advocate from England 'of some authority, determined 
 to avail himself of this apprehensive frame of mind (i.e., the 
 Jury's 'consciences that , trembled least they should judge amiss') 
 to improve it into a means of influence. Thinking it probable, 
 in a particular trial from the circumstances that the Jury would 
 bring in a verdict against his client, he insinuated that in such a 
 case he would bring a writ of Attaint against them ! ' ' The 
 writer adds "A writ of Attaint at the close of the 18th Century! 
 Think you * * that there is a Bench in Westminster Hall, 
 whose gravity would not have been shaken at this, and the risible 
 emotion felt through the extremest ranks of the Bar." "Cana- 
 dian Letters * * * C. A. Marchand, Printer to the Antiquarian 
 and Numismatic Society, 40 Jacques Cartier Square, Montreal, 
 1912," pp. 57, 58. 
 
 Probably White thought he could presume on the ignorance 
 of the Jury and of the Judge, Peter Eussell, who was a layman, 
 to threaten a writ which had been discontinued for nearly two 
 centuries — if so, it is little to his credit. 
 
 sHe did not think much of his fellow legislators — October 1, 
 1792, he notes in his Diary "in the House of Assembly * * * 
 where indeed there has been unusual ignorance and stupidity" 
 and June 25, 1793, speaking of the Slave Bill he enters "Debated 
 the Slave Bill hardly. Met much opposition but little argument" 
 — which with his entry July 15 "Much warmth in Court," give' 
 a human touch to the century-old little book. 
 
 *For an account of this and other duels see an article by the 
 present writer in The Canadian Law Times for September, 1915 
 (35 Can. L.T., p. 726), "The Duel in Early Upper Canada," 
 reprinted from the Journal of the American Institute of Criminal 
 Law and Criminology for July 1915, p. 165. 
 
 5 It seems manifest that it was he to whom Simcoe intrusted 
 the conduct of his favourite measures including that for the 
 abolition of Slavery in Upper Canada (1793), 33 George III., 
 ch. 7 (U.C.). See a series of articles by the present writer on 
 "Some Early Legislation and Legislators in Upper Canada," 
 Canadian Law Times for 1913 and 1914; 
 
184 BIOGRAPHICAL NOTES. 
 
 "' ' Ontario ' ' was not the present County of Ontario which 
 had then_ few inhabitants, but was composed of the Islands on 
 the north side of the River St.- Lawrence and Lake Ontario. 
 
 7 The name "Toronto" was the original name of this place: 
 Simcoe changed it to York in 1793, and it retained that name 
 till 1834 when the original name was restored. Fiat aeternum. The 
 inhabitants complained that there were so many towns in America 
 called York that their town might be overlooked, moreover it was 
 intolerable to hear the Capital of the Province called "Little 
 York ' ' ; and besides ' ' Toronto ' ' was the original name, was more 
 musical, and there was no other Toronto. A prophet like Teucer 
 might have foreseen ' ' ambiguam tellure nova Torontonem f utur- 
 am ' ' ; but at the time there did not seem foL be any fear of 
 ' ' Toronto ' ' becoming ambiguous, as it has. 
 
 8 This appears from the Proceedings of the Legislative Coun- 
 cil June 1st, 1793 (Ontario Archives Report, 1910,' p. 16). 
 
 "In the Upper Canada Gazette published at Niagara-on-the- 
 Lake, in its issue of August 14th, 1795, appears the following 
 advertisement : — 
 
 ' ' Kan away from the subscriber a few weeks ago, a negro 
 wench, named ' Sue. ' This is, therefore, to forewarn all manner 
 of persons from harbouring said wench, under the penalties of 
 the law, James Clark, Senior. " " Niagara, August 17th, 1795. ' ' 
 His name is spelled "Clerk" in the newspaper notice of his 
 receiving a Licence to practise Law. 
 
 i°Much of the information as to Justus Sherwood I have from 
 an address made by my friend Mr. Henry Harman Noble (a 
 citizen of the State of New York), at New Hero, Vermont, on 
 the occasion of the erection and unveiling ,by the Vermont Society, 
 Sons of the American Revolution, of a boulder and inscribed 
 tablet in commemoration of the .building (July, 1781) on the 
 spot, of Loyal Block House, and of its builder, Captain Justus 
 Sherwood. The occasion had added interest from the presence 
 of Lieutenant-Colonel Sherwood of the Dominion Police, the great 
 grandson of Justus Sherwood, grandson of Mr. Justice Sherwood. 
 
 "A full account of the action is to be found in an article 
 by the present writer in the "Journal of the American Institute 
 of Criminal Law and Criminology" for May, 1913, "Scandalum 
 Magnatum in Upper Canada" (4 Jour. Am. Inst. C.L. & C, p. 
 12). Some account will be found in the same article also of Mr. 
 Justice Thorpe. 
 
 , 12 I have made enquiry and find the Printed Report is an 
 exact transcript of the manuscript copy furnished by the Home 
 authorities. 
 
NOTES. 185 
 
 [I have allowed the text and Note 12 to stand as originally 
 written, to indicate the difficulties one encounters in unearthing 
 the facts of the early history of the Province. The original records 
 of the proceedings of the House of Assembly for 1796 were burned 
 by the Americans on their capture of York in the War of 1812: 
 and it was believed that no printed copy was in existence. Copies 
 of the Proceedings of both Houses were sent to England at the 
 close of every session for the information of the Home Govern- 
 ment. The Archivist for the Province of Ontario, Dr. Alexander 
 Eraser, procured copies of these copies and has printed some of 
 them; the remainder will follow. The error noted in the text 
 appears not only in the Archives Report printed, but also in the 
 copy furnished to the Archivist. 
 
 But during the present month (December, 1915) my friend, 
 Professor J. W. Bain of the University of Toronto, has lent me 
 a contemporary printed copy of these very Proceedings, which was 
 formerly the property of Sir David William Smith and is probably 
 unique. 
 
 In this, it appears that ' ' Mr. Justice Allcock, one of the 
 Judges of the. Court of King's Bench," seconded the nomination 
 of Smith as Speaker; thus the apparent mistake is explained.] 
 
 l3 Some are in the possession of Prof. Bain of the University 
 of Toronto, who has kindly allowed me the use of them. Smith 
 published a Description and Gazetteer of Upper Canada in 1799. 
 "A Short Topographical Description of His Majesty's Province 
 of Upper Canada in North America, to which is annexed a Pro- 
 vincial Gazetteer, London, Published by W. Faden, Geographer 
 to His Majesty, and to His Eoyal Highness the Prince of Wales: 
 Charing Cross, 1799: Printed by W. Bulmer and Co. Russel- 
 Court, Cleveland Bow, St. James. ' ' Crown 8 vo. It is rather rare. 
 In the advertisement his name is spelled "Smyth." 
 
 It is not without interest to note that Smith was the first to 
 open a Register for the Entry of Meteorological, Barometrical 
 and Thermometrical observations — this he did August, 1794, in 
 the Surveyor General's office, Newark, and invited from the Pub- 
 lic, communications of that nature. 
 
 He became a member of the Executive Council in 1796 and 
 a J.P. of the Home District the same year, in 1797 Deputy 
 Lieutenant of the Second Biding of Lincoln and Colonel of that 
 Regiment. 
 
 Much °to the disgust of the Radical element, he was, in 1833, 
 granted a pension of £200 sterling out of the public funds of 
 Upper Canada (why, no one knows — probably just because he 
 "needed the money"). 
 
INDEX OP NAMES. 
 
 (.-. The Table of Contents may be consulted for subject matter.) 
 
 A. 
 
 Alleock, Chief Justice..27, 27, 137, 152, 157, 166, 180, 180, 182, 185 
 
 Allen, Henry r. 34 
 
 Anderson, J. T 52t 
 
 Ardagh, W. D 119 
 
 Armour, Edward Douglas 56*, 57*, 57$ 
 
 Armour, John Douglas (C.J.) 120, 128 
 
 Aytoun-Finlay, Mr 575 
 
 B. 
 
 Bain, Prof. J. W 185 
 
 Baker, John 156 
 
 Baldwin, Augustus 89, 104 
 
 Baldwin, B.obert.,16, 31, 40, 51, 51*, 79, 87, 88, 89, &9, 90. 95, 
 
 95, 96, 97, 101, 109, 113, 125, 125, 126, 129, 141, 148, 148 
 
 Baldwin, Dr. William Warren 16, 17, 30, 31, 31, 31, 41, 43, 
 
 49, 50, 56, 65, 66, 66, 67, 68, 69, 70, 71, 79, 83, 84, 86, 
 88, 89, 98, 100, 101, 104, 125, 129, 139, 140, 141, 144, 176 
 
 Beardsley, Bartholomew Crannell 25, 136, 138, 141, 
 
 151, c. 34 passim 168 
 
 Beasley, Richard 182 
 
 Becher, Henry Corry Rowley 24 
 
 Bell, Edwin 34 
 
 Berkeley, Sir William 160 
 
 Bernard, Hewitt 119 
 
 Berthon, George Theodore 125, 128, 129 
 
 Bethune, James, Q.C ■ 54t 
 
 Bidwell, . Marshall Spring 70, 78 
 
 Blake, Edward - 51, 53*, 129 
 
 Blake, Samuel Hume - 51 
 
 Blake, William Hume 51, 94, 127 
 
 Bloor, Joseph ^ 79 
 
 Boswell, George Morss (Judge) 30 
 
 Boswell, John 2 9, 30, 30 
 
 Boulton, D'Arcy (Justice, K.B.) 15, 17, 28, 30, 30, 31, 31, 
 
 50, 65, 146 
 
 Boulton, D'Arcy, Jr - 31, 69, 70, 98, 141 
 
 Boulton, George Strange ' 90, 94, 148 
 
 Boulton, Henry John 21, 29, 30, 31, 49, 51, 65, 66, 66, 
 
 68, 69, 84, 86, 139, 141, 141 
 
188 INDEX OF NAME'S. 
 
 Boyd, Sir John Alexander, Chancellor .: 128 
 
 Bradford, Samuel Hugh, K.C 58* 
 
 Burns, Mr. Justice '.'. 93 
 
 Burns, David , 145, 171, 172, 180 
 
 Burr, Aaron : 177 
 
 Burton, Sir George William, C.J 128 
 
 C. 
 
 Cameron, John Hillyard 75, 95, 112, 113, 115, 116, 117, 
 
 118, 121, 129 
 
 Cameron, Malcolm 57$ 
 
 Cameron, Sir Matthew Crooks 128 
 
 Campbell, Sir William , 15, 50, 89, 103,,129 
 
 Cartwright, James S 164 
 
 Cartwright, John B 164 
 
 Cartwright, Richard 164 
 
 Cartwright, Sir E. J 164 
 
 Carey, John ?...._ 120 
 
 Carleton, Sir Guy, Lord Dorchester 7, 24,- 25, 173 
 
 Cassady, Henry ..'. 28 
 
 Cawdell, James Martin 45, 71, 87, 91, 92, 92, 92, 93 
 
 Cayly, Hon. William 33 
 
 Chatterton, R. D -■- 108, 121 
 
 Chewett, W. C. & Co 120 
 
 Clark (e), James 27, 135, 136/ 146, 151, 15 8-, c. 30 
 
 passim 159, 160, 184 
 
 Clarke, Sir Alured - 4, 24, 25 
 
 Cochran, Mr. Justice 154, 155, 156, 166 
 
 Colborne, Sir John 90 
 
 Connor, Skefflngton, LL.D 48, 51, 51, 96 
 
 Cooper, C. W. (Reporter) 119 
 
 Cooper, William (Auctioneer) 83, 98, 155 
 
 Cosens _ 154 
 
 Cowan (Interpreter) 154 
 
 Cozens, William Z 28, 28, 28," 29, 30 
 
 Cramah6, Lieut.-Gov 7 
 
 Cumberland and Storm, Architects 77, 97 
 
 D. 
 
 Delahay (U. C. C.) 127 
 
 Delamere, Thomas D., K.C 54t, 54t, 56*, 57* 
 
 Delmage, John 34 
 
 Denison, John Shirley, K.C 58* 
 
 Dickson, Robert 29 
 
 Dickson, William 31, 141, 178, 179 
 
 Doel, John (Brewer) 73, 79 
 
INDEX OP NAMES. 189 
 
 Dorchester, Lord (see Carleton, Sir Guy) . 
 
 Dorland, Thomas 171 
 
 Draper, William Henry, C.J 51, 88, 89, 92, 93, 93, 108, 
 
 120, 128, 129, 141 
 
 Drayton, P. H 57$ 
 
 Dunlop, Dr. (Tiger) 89, 89, 103 
 
 Dunn, Hon. Thomas 7 
 
 Durham, Lord ...". 165 
 
 E. 
 
 Elliott, William 31 
 
 Elmsley, John, C.J 27, 37, 49, 80, 129, 137, 152, 155, 180 
 
 Ernst, Peter 179 
 
 Esten, James Christie Palmer, V.C 33, 51, 94 
 
 Ewart, John (Architect) 69, 70 
 
 Ewart, John S., K.C 54t, 54+ 
 
 Faleonbridge, Sir Glenholme, C.J 128 
 
 Faleonbridge, John Delatre 58* 
 
 Farewell Bros 154 
 
 Farley, Daniel 30 
 
 Farrand, Jacob 25, 49, 136, 146, 154, 168, c. 37 passim 173 
 
 Farrand, John Lowe 29, 97 
 
 Firth, William, Attorney-General 97 
 
 Fitzgerald, Captain 152, 153 
 
 FitzGibbon Ill 
 
 Forster, J. W. L -. 128 
 
 Foster, Harold William Alexander 58* 
 
 Fraser, Dr. Alexander 185 
 
 Freeland, Peter (Candlemaker, etc.) 73, 79 
 
 G. 
 
 Gait, Sir Thomas, C.J 128 
 
 Gamble, Clarke, Q.C 152 
 
 Gillespie, Moffatt & Co 88 
 
 Gooderham, Mr 170 
 
 Gore, Lieut.-Gov 97, 163 
 
 Gourlay, Robert (Fleming) : 104, 162, 179 
 
 Grant, Alexander (Eeporter) 115, 118, 119, 125 
 
 Grant, Sir William, M.R 24, 27 
 
 Gray, Eobert Isaac Dev 12, 25, 27, 83, 135, 136, 139, 146,' 
 
 151, c. 28 passim 154, 171 ; 173 
 Grier, E. Wyly 128, 129 
 
190 INDEX OF NAMES. 1 
 
 Guthrie, Sir James 129 
 
 Gwynne, Hugh Nelson 45, 45, 52*, 54*, 93, 96 
 
 Gwynne, John Wellington (J.S.C. Can.) 96 
 
 Gwynne, William C 166 
 
 H. 
 
 Hagarty, Sir John H 128 
 
 Hagerman, Christopher Alexander....66, 70, 78, 88, 88, 141, 167, 168 
 
 Hagerman, Daniel 30 
 
 Hagerman, Nicholas 25, 136, 146, 151, c. 34 passim 167 
 
 Hamel, Theophile 126, 127 
 
 Hamilton, Henry 5 
 
 Hamilton, Hon. Robert 164 
 
 Harman, George Frederick 118 
 
 Harris, Dr. (U.C.C.) 90 
 
 Harrison, Robert A. (C.J.) 115, 120, 128 
 
 Hart, Bichmond Wylie , 58* 
 
 Head, Sir Edmund Walker ^ 104 
 
 Head, Sir Francis Bond 104 
 
 Hodgins, Thomas (M.O.) 56* 
 
 Hotham, Richard Phillips 31 
 
 Hoyles, Newman Wright, LL.D -. 58* 
 
 Hunter, . Dr. James 170 
 
 Hunter, Peter (Lieut.-Gov.) 164, 164 
 
 I. 
 Irving, Sir Aemilius iii., 129, 170 
 
 Jackson, John Mills 98, 162 
 
 Jameson, Robert Sympson, "V.C 51, 91, 93, 94, 109, 115, 125 
 
 Jarvis, George S 29 
 
 Jarvis, William 152 
 
 Jarvis, William Botsford 166 
 
 Jessup, Edward 15.6 
 
 Johnson, Sir John 157 
 
 Johnson, Sir William 157 
 
 Jones, Jonas (J, K.B.) 28, 28, 129, 141, 176 
 
 Jones, Edward C , 118 
 
 Joseph, Frank J 57$ 
 
 K. 
 
 Kerwin, Patrick 58* 
 
 King, John, K.C 58* 
 
 Kingsford, Rupert E., K.C. (P.M.) 57$ 
 
INDEX OF NAMES. 191 
 
 L. 
 
 Lane, Harry B. (Architect) 76 
 
 Lash, Zebulon Aiton, K.C 54t 
 
 Law, John 50 
 
 Leith, Alexander, Q.C 54t, 55t 
 
 Long, Edward George 58* 
 
 Lount (Samuel) and Matthews (Peter) 170 
 
 M. 
 
 Maddock, John Ford 33 
 
 Maingy (Assistant) - 92 
 
 Maitland, Sir Peregrine 83, 165 
 
 Marsh, Alfred Henry, Q.C 57*, 57$ 
 
 Martin, Edward, Q.C 57§ 
 
 Mercer, Andrew 68, 79 
 
 Meredith, Sir William Ralph, C.J 128 
 
 Meredith, Eichard Martin, C.J 128 
 
 Merrill, Helen M 183 
 
 Metcalfe, Sir Theophilus .' 104 
 
 Moss, Sir Charles, C.J : ...54t, 54t, 57§, 128 
 
 Moss, Thomas, C.J 53*, 128 
 
 Mowat, Sir Oliver, V.C 48, 51, 53*, 96, 96 
 
 Muirhead, John 50 
 
 Mulock, Sir William, C.J. .-. 7....54t, 54"t, 128 
 
 Murney, Hon. Edward 21 
 
 Mc. 
 
 Macauley, Sir James Buchanan, C.J 30, 32, 50, 51, 66, 68, 
 
 80, 84, 93, 127, 129, 142 
 
 Macauley, Capt. John Simcoe 75, 80 
 
 Macdonald, John Sandfield 22 
 
 Macdonell, Alexander 159 
 
 Macdonell, Capt. Allan 157 
 
 Macdonell, Angus..--25, 27, 27, 83, 135, 136, 136, 136, 146, 
 
 147, 151, 154, 156, c. 29 passim 157, 172, 177 
 
 Macdonell, John, Attorney-General 49 
 
 McDougall, Joseph Easton (Co.J.) 56* 
 
 McFarland, G. F 58* 
 
 McGill (Merchant at Montreal) S8 
 
 McKay, John 136, 168, c. 39 passim 177 
 
 Mackenzie, William Lyon ,.. 22 
 
 McLean, Allan....25, 30, 136, 137, 146, 151, c. 32 passim 162, 165 
 
 McLean, Archibald 14, 87, 97, 98, 128, 129, 142, 162 
 
 McLean & Co 120 
 
 McLean, Donald 157 
 
192 INDEX OF NAMES. 
 
 McLean, Joseph Allan 30 
 
 McLean, Thomas & Co 120 
 
 McNab, Principal Victoria College 46 
 
 MeNab, The 157 
 
 N. 
 Noble, Henry Harman 184 
 
 O. 
 
 O'Brien, Henry, K.C 118 
 
 Ogetonicut 154 
 
 Osgoode, William, C.J 37, 78, 129, 151 
 
 Osier, Featherstone, J.A 129 
 
 P. 
 
 Patterson, - Dickson 128, 129 
 
 Patton, James 21, 21, 119 
 
 Pearson, W. H , 79, 80 
 
 Perdue, W. E 118 
 
 Peters, Charles J 26, 49, 146, 181 
 
 Peters, Col. John : '. 174 
 
 Peters, William Birdseye 25, 146, 1S2 
 
 Phelps, Davenport , 25, 146, 181 
 
 Powell, Grant 1 67 
 
 Powell, John 31, 89, 104, 141, 166 
 
 Powell, William Dummer, C.J 15, 27, 27, 50, 89, 97, 104, 
 
 129, 137, 152, 165, 166, 180 
 Powell, William Dummer, Jr 25, 27, 83, 136, 136, 136, 136, 
 
 146, 151, c. 33 passim 165 
 
 Prince, Col. John > : 21, 33 
 
 Pringle, Judge 173 
 
 R. 
 
 R., O, a Barrister 33 
 
 Reeve, W. A., Q.C 57*, 57$ 
 
 Richards, Stephen 129 
 
 Richards, William BuelL C.J- V . 128 
 
 Riehey, John (Builder) 72, 76 
 
 .Ridout, George....l7, 31, 66, 68, 69, 70, 85, 86, 100, 109, 141, 141, 148 
 
 Ridout, John , 85 
 
 Ridout, John 152 
 
 Robinson, Christopher 26, 135, 151, 155, c. 31 passim 160, 161 
 
 Robinson, Christopher, K.C...: 117, 118, 118, 118 
 
 Robinson, Christopher C 58* 
 
 Robinson, Sir James Lukin 116, 117, 118, 118 
 
INDKX OP NAMES. 193 
 
 Robinson, Sir John Beverley, C.J 14, 49, 65, 66, 67, 68, 69, 
 
 78, 84, 87, 89, 95, 104, 129, 129, 141, 161, 170 
 
 Bocheleau, Francois Xavier 29, 30 
 
 Roe, Albert E 169 
 
 Roe, Walter 8, 26, 31, 135, 136, c. 35 passim 168 
 
 Roe, William ......169, 170 
 
 Rolph, Dr. John ....16, 17, 30, 31/43, 51, 66, 142 
 
 Rolph, Thos. T '. 118 
 
 Ross (M.P.) ; 21 
 
 Rowell, George (Brewer) 79 
 
 Bowsell, Henry A 108, 114, 116 
 
 Rowsell, H. & W 114, 115, 115, 116 
 
 Ruggles (Indian Interpreter) 154 
 
 Russell, Lord, of Killowen 24 
 
 Russell, Hon. Peter 83, 97, 183 
 
 Ryerson, Col. Joseph 178 
 
 S. 
 
 Scadding, Rev. Dr 79, 103 
 
 Scott, Thomas, C.J 65, 139, 180 
 
 Selkirk, Lord 104, 159, 176 
 
 Sheek, Isaac , 30 
 
 Sharpe, John 154 
 
 Shepley, George Fergusson, K.C iii, 129 
 
 Sherwood, Henry 110, 111, 112, 113, 121 
 
 Sherwood, Justus 174, 175, 184 
 
 Sherwood, Levius Peters (J., K.B.) 32, 92, 93, 121, 146, 
 
 162, 174, 175 
 Sherwood, Samuel..25, 136, 146, 164, 165, 168, c. 38 passim 174, 184 
 
 Silverthorn, John 167 
 
 Simcoe, John Graves, Lieut.-Gov .• '. y 151, 169, 183 
 
 Small, Charles Coxwell 109 
 
 Small, James Edward 29, 31, 70, 78, 88, 103, 125, 141 
 
 Small, John '. 27, 103, 152, 158 
 
 Smith, Sir David William .25, 146, 158, c. 40 passim 181, 185 
 
 Smith, Henry : 22 
 
 Smith, James ¥., K.C 119 
 
 Smith, Col. William 181 
 
 Soule, John Alexander 58* 
 
 Spragge, John Godfrey (C.J.) 73, 93, 94, 95, 114, 121 
 
 Stewart, Alexander 25, 27, 136, 136, 146, c. 34 passim 167 
 
 Stanton, R 85, 100 
 
 Strachan, John (Bishop) 73, 74 
 
 Street, Samuel 182 
 
 Strong, Sir (Samuel) Henry, C.J 52t, 57$ 
 
 Sullivan, Robert Baldwin 74, 89, 89, 94, 103, 104 
 
 Sydenham, Lord 110 
 
194 INDEX OF NAMES. 
 
 T. 
 
 Taylor, Thomas (Eeporter) 30, 31, 43, 50, 50, 66, 84, 108, 
 
 108, 112, 120, 120, 141 
 
 Telford, John McDonald 58* 
 
 Ten Broeck, John 146 
 
 Thomson, Poulett (see Sydenham, Lord). 
 
 Thompson, Timothy 25, 136, 146, 164, 168, c. 36 passim 170 
 
 Thorpe, Mr. Justice , '. 178, 179, 184 
 
 Tickell, Bichard Barnes 25, 146, 181 
 
 Tryon, Governor 157 
 
 Tivpper, James Stewart, K.C 119 
 
 Van Alstine, Major 167 
 
 Van Koughnet, Philip M. M. S. (£) 21, 48, 51, 96, 128 
 
 Van Koughnet, Salter J., Q.C 11 8, 118 
 
 W. 
 
 Walker, "Lawyer" 175 
 
 Ward, Thomas 141, 171 
 
 Ware, Mr 72 
 
 Washburn, Simon 28, 32, 70, 78, 88, 90, 101, 109, 121 
 
 Weekes, William 27, 49, 83, 136, 136, 136, 136, 146, 154, 
 
 158, 172, c. 39 passim 177 
 
 Wentworth, Gov. Benning : 174 
 
 Wethey, H. C. W 118 
 
 White, John.: 11, 12, 12, 13, 25, 26, 27, 83, 97, 135, 135, 136, 
 
 139, 151, c. 27 passim 156 
 
 Whitehead, Marcus F 50 
 
 Wilkinson, Walter Butler 49, 146 
 
 Willcpcks, Joseph (Sheriff) 178 
 
 Willis, John Walpole (J., K.B.) 104 
 
 Wilson, Sir Adam 48, 51, 96, 128 
 
 Wilson, John (J., Q.B.) 129 
 
 Wilson, John (Niagara) 78 
 
 Wood, James 141