Lord Chief Justice, Viscount Reading. On a motion to quash the indictment it was upheld and the defendant found guilty. The Court of Appeal upheld the verdict and dismissed the appeal, and the prisoner shortly afterwards suffered the extreme penalty of the law. He was ably defended by the eloquent counsel who was appointed for that purpose, and the trial was conducted with the fairness with which criminals are always treated in British courts. The Law of Trade Marks and Designs in Canada. By RUSSEL S. SMART, B.A.,M.E., Toronto. Canada Law Book Co. Ltd. Cromarty Law Book Co., 1112 Chestnut St., Philadelphia. 1917. This is in effect a continuation of the compendium of information contained in volume 3 of the Commercial Law Reports (annotated) published in 1904 by the Canada Law Book Co., edited by Mr. W. R. P. Parker. The present author has given us all the information contained in the volume referred to, together with a review of the cases affecting trade marks and designs up to the present time. At the end of the volume we have the Acts on the above subjects, the rules and forms, together with a classification of the British Act of 1905. It will be seen, therefore, that the whole subject is covered, and it will be a great convenience to practitioners to have it all in one compact volume. Mr. Smart has done his work exceedingly well, as have also the publishers and printers. We are glad to see the use of large readable type as well as the convenient and logical arrangement of the salient features of the subjects under discussion. Bench and Bar APPOINTMENTS. Hon. Wm. Pugsley, of the City of St. John, New Brunswick, K.C., to be Lieutenant-Governor in and over the Province of New Brunswick, vice his Honour Gilbert White Ganong, deceased (November 6th). Hon. John Douglas Hazen, of the City of Ottawa, K.C., to be Chief Justice of the Appeal Division of the Supreme Court of New Brunswick and Judge of the Chancery Division of that Court (November 6). Hon. John Douglas Hazen, Chief Justice of New Brunswick, to be Local Judge in Admiralty of the Exchequer Court for the Admiralty District of New Brunswick. (Nov. 9.) Angus Lorne Bonnycastle of the City of Winnipeg, Manitoba, Barrister, to be Judge of the County Court of the Dauphin Judicial District in the said Province. (Nov. 13.) War Motes. Dreamers are still wasting time, paper and ink in discussing a "World Court" to settle international disputes and the when and how of a "lasting peace." But there will be no lasting peace until the millenium; and there will never be a World Court that will sit, tho' there will be some day soon a dictator who will arise to exercise a baneful bloody tyranny until he is dethroned by the One who shall "rule the nations with a rod of iron." Flotsam and Jetsam. THE PROBLEM OF THE CRIMINAL INSANE. Every year, writes Dr. Paul E. Bowers in the November Case and Comment, society is unjustly sending to prison hundreds of insane and feebleminded persons who, in the course of their mental disturbances, have violated the penal laws. This culpable practice of punishing the mentally sick should, "in the course of justice," cease. Society is being poorly protected when it sends insane and mentally defective individuals to penal institutions and then releases them from custody uncured, merely because their sentences have expired. Yet this irrational procedure is being continuously practised by our courts and boards of parole in all the States of the Union. THE WISDOM OF LAWYERS. Judges and lawyers have contributed a liberal share to the stock of popular sayings. It is Francis Bacon who speaks of matters that "come home to men's business and bosom," who lays down the axiom that "knowledge is power," and who utters that solemn warning to enamored benedicts, "He that hath a wife and children hath given hostage to fortune." We have the high authority of Sir Edward Coke for declaring that "corporations have no souls," and that "a man's house is his castle." The expression, "An accident of an accident," is borrowed from Lord Thurlow. "The greatest happiness of the greatest number" occurs in Bentham, but as an acknowledged translation from the jurist Becaria. It is John Seldon who suggests that by throwing a straw into the air one may see the way of the wind. -Case and Comment. EXPERT TESTIMONY. He stated One of the common faults of experts is the desire to use many technical words, and thus confuse court and jury. In a case mentioned by Gilbert Stewart in his work on "Legal Medicine," a surgeon was called to testify on a trial for assault. that he found the injured man "suffering from a severe contusion of the integuments under the left orbit, with great extravasation of blood and ecchymosis in the surrounding cellular tissues, which were in a state of tumidity." Now, of course, after a jury listened to such a description, it would seem that the patient was about to die or that his condition was exceedingly dangerous, while, as a matter of fact, the eminent follower of Hippocrates was describing an ailment which we commonly call "a black eye." Mr. Justice Low, one of the Judges of the King's Bench Division, England, to which he was appointed in 1915, died last month at what is called in England the "early age" of sixty-one. Though said not to be a very profound lawyer nor a very eloquent advocate, the late judge commended himself to the Bar by his force of character, thoroughness, shrewd common-sense and practical ability. His professional career commenced with his being a Solicitor, not going to the Bar until the age of four and thirty. His business experience doubtless added much to his usefulness as a judge. The California Law Review in a recent issue gives reasons why the Code States of our neighbours to the south of us should adopt a Uniform Sales Act, and to that extent meet the convenience of the public. This reminds us of the necessity which exists in having a uniform system of laws and legal procedure for the Dominion of Canada. This should not be hampered by any tradition of the past or any mere matter of sentiment. ANALYTICAL INDEX. Action- Against public authority-Dismissal Judgment, 143 Administration- Supposed intestate-Cancelled will, 135. Admiralty- See Prize Court-Ships. Alberta- See Husband and wife. Alien- Son born abroad of naturalised parents, 10. Abandoning allegiance, 44. Rights under lease, 46. Naturalisation-Privy Councillor, 48. British Company-Alien shareholders-Insolvency, 138. Outbreak of War-Partnership-Dissolution, 329. Patent-Revocation, 428. See Insurance Prize Court. Appeal— To Privy Council. Staying execution on, 123. Limitation of right of, 394. To Supreme Court. Amount in controversy-Joinder of defendants, 20. In certiorari matters, 17. None in summary trials for theft, 42. Appointment- Power of, by will-Domicile-Conflict of laws, 335. Arbitration- Discretion as to Costs, 186. Right of arbitration to order security for costs, 427. Automobiles- See Motor Vehicle. Banks and Banking- Raising amount of cheque-Liability, 177, 388. Bar Associations- See Law Societies. Bench and Bar The dignity of the Bench, 41. The morality of the advocate, 78. Death of Sir T. W. Taylor, 124. Lawyers in public offices, 226. Appointments to office, 37, 317, 360, 438, 439. Bigamy- Foreign marriage-Polygamy, 178. Book Reviews- Mounted Police Life in Canada, 74. Journal of Society of Comparative Legislation, 75. Political Appointments, by N. O. Cote, 356. The Law of Trade Marks and Designs in Canada, 438. Camera- See Court Martial. Canada- Work for general advantage of, 58. See Taxation. Carriers The law of common carriers discussed, 281. Casement, Sir Roger- Trial of, for high treason, 139, 437. Cheque See Banks and Banking. |