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property held by a debtor in trust does pass to the Trustee, it is hard to say. But the decision seems to go the length of saying that property held by a debtor in trust may be the subject of a fraudulent preference—as against his ordinary creditors.
Then Rule 152 of the Bankruptcy Act, in effect, says that in Bankruptcy proceedings the ordinary rules and practice of the Court are to apply, except where expressly altered by the Bankruptcy Act and Rules. But the Appellate Division seem to say that they do not apply; because Rule 139 of the Judicature Act expressly authorizes the Court to require the bringing in of parties appearing to have an interest in the subject of litigation; and the Appellate Division virtually says the Judge in Bankruptcy ought not to do so.
Rule 120 expressly authorizes a Trustee to apply for a declaration of his title to property adversely claimed, and the Appellate Division seems in this case to say he cannot.
We respectfully submit that the fundamental error of the decision, is the holding that the evidence of Ellis' ownership was inadmissible or irrelevant as between Treifus & Stripp and the Trustee.
The sequel of the case is to be found in Ellis v. Sternberg, where in an action brought by Ellis against the Trustee the diamonds were declared to be the property of Ellis; a proceeding which would, of course, have been wholly avoided but for the action of the Appellate Division—and would have saved the anomaly of the Appellate Division declaring the diamonds to be the property of the Trustee, and of Mr. Justice Riddell declaring them to be the property of Ellis.
Geo. S. HOLMESTED. Toronto.
A BARD IN LAW.
Would it be fair to call Lord Neaves the Nineteenth Century Justice Darling ?-fair to either, I mean. These notes may form the best answer—or at any rate some sort of an answer. The curious may probe deeper if he can come upon a little brown cloth volume published in Edinburgh in 1875 and long since out of print. It bears no author's name or initials, but it was written by Lord Neaves, and its title is “Songs and Verses, Social and Scientific, by an old Contributor to Maga.” Most were written 80 years or more ago.
327 0. W. N. 493.
Maga, the reading world will remember, is “Blackwood's Magazine," one of the oldest of old-timers in periodical literature. Even a century ago the position of Blackwood's was established. Moreover it was unique; for such pens as Jeffrey's, Lockhart's, Christopher North's, Brougham's, plied for it. Many of the finest wits of the Scottish Bar competed for entry to that choice circle. Neaves throve in Blackwood's lusty boyhood. He had been an advocate of noted power before the Bench claimed him early in life; and a Senatorship of the College of Justice, as a judgeship of the Supreme Court of Scotland is officially known, brought him more time and an untroubled atmosphere for scholarly pranks.
For Lord Neaves was scholarly, profoundly so—he even became the grave Lord Rector of a University. Classics, History, Philology, Philosophy came naturally to him; and as a citizen and something of a social and educational reformer he was not behind the times. Yet he sang, actually sang, his own inspirations. And he justified it; for these were convivial days. To Neaves, Grimm's Law was as familiar as the Civil Law, and a song of nine verses explores the theme, until, having confused his hearers with Grimm and Muller, Mithridates and Bopp, he ends:
“ The speech of Old England for me,
It serves us on every occasion !
Exempted from foreign invasion.
For all sorts of feeling and thinking;
It answers for singing and drinking."
Singing and drinking! Often the wise judge jested on these, and no doubt dallied by the table. But the jests had a practical side. Neaves was happy in pondering the discoveries of scientific contemporaries, and in passing these on to a larger public in a guise more agreeable to the unlearned. So he hurrays for the “Innoculation of Science and Art”; finds more than one moral in Dust and Disease; and tells us that:
of most of life's ills you may make a clean cut, If you breathe through your nostrils and keep your mouth shut.”
Ages before, Rabelais had given an illuminating hint of the service human appetite had done in developing the arts of life.
15—C.B.R.-- VOL. III.
Because the stomach cried out for novelties so did all progress come. Master Gaster, said Rabelais, was the first Master of Art in the world. On this text Neaves discoursed:
“An ingenious fellow was Gaster,
For if you'll look in
To our first parents' sin,
It was an attractive theme, and to it Neaves devoted a second sermon, easily jogging like this:
After living some ages on water and greens
And the inevitable warning, for Neaves was a Scot, and your Scot is born into this world a preacher:
“Yet if Gaster would stay in his natural state,
His exactions would seldom be grievous or great.
In Lord Neaves' day throve such stout platitudinarians as Samuel Smiles and Martin Tupper. Tupper's “Proverbial Philosophy” was just a little too proverbial. Victorian punditism needed some pinching, and in 1864 Neaves supplied the need with his own version of the proverbs:
“O blessings on the men of yore
Who wisdom thus augmented,
For human use invented."
“The man who would Charybdis shun
Must make a cautious movement, “ Or else he'll into Scylla run
Which would be no improvement.
The fish that left the frying-pan,
On feeling that desire, sir,
When floundering in the fire, sir
Your toil and pain will all be vain
To try to milk the bull, sir;
You'll get more cry than wool, sir.
Or shave a chin that's bare, sir;
Of what it does not wear, sir.”
Fast to the Humanities, as of old Scotsmen called Greek literature, did these Edinburgh worthies cling. In the middle of Victoria's reign men still commonly read Greek for recreation. Hellenic Clubs flourished, and the learned, who, might never have heard of electricity, and might have some doubt as to the existence of America, gathered to dine on chicken flavoured with port wine and Greek verses. To such a club the sprightly Neaves made his contribution, in English this time, to justify their doings against the shopkeeping spirit that asked the value of dead Greek.
“The truths that old Homer so gloriously sung
The spirit of Plato as nobly has said;
Of love and of beauty,
Of drinking and duty,
The famous old codger,
A regular dodger, Will teach you some tricks in your reading of Greek." The Proposal of Poltys” was another classic, in even more rollicking style. Poltys was the peaceful king of Thrace who tried to prevent the Trojan war with his noble offer to compensate Prince Paris. If Paris would only give back Helen to her proper husband, and go home quietly like a good neighbour, he, Poltys, would let him have a gift of his own two comely wives.
Classicist as he was Neaves held progressive views on education. It worried him that “fusty old fogies, Professors by name
shut up the doors of knowledge against half of mankind. The Salic law against college lore and honours was a thing this reformer of 1860 could not abide. Why should not a woman be a doctor? he tartly asks:
“She would blunder in physic no worse than the rest,
She could leave things to Nature as well as the best;
She could feel at your wrist, and one can imagine the impressive pause the noble singer would make, until, perhaps, any medical victims present had hoped his memory would break down,
“ She could feel at your wrist, she could finger your fee;
Then why should a woman not get a degree?" But the judge finds consolation both for women and for himself that “ without a degree see how well the Sex knows how to bind up our wounds and to lighten our woes”; aud, audacious as a flatterer as he is dashing as a champion, the poet ends
“So I wonder a woman, the Mistress of Hearts,
Would descend to aspire to be Master of Arts;
And an Angel need covet no other degree." Into his ballads Lord Neaves could write legal lessons too: witness his lecture on the payment of Tithes, and that other on the constituents of marriage according to the law of Scotland. The student would not be likely to forget these; nor should any gathering of advocates forget to join in the singer's gratitude
“Ye Lawyers who live upon litigants' fees,
And who need a good many to live at your ease;
To the jolly Testator who makes his own Will." Lord Neaves joked at his distinguished brethren too. There was the dead and gone Monboddo, an eccentric, but a man of deep learning. Lord Monboddo had long speculated on the descent of Man, and had been laughed to scorn by the opinion of pre-Darwinian day, for Monboddo died in 1799. His theory sounded outrageous then-that as Man developed through his approaches to civilisation he gradually