had so enduring an influence on my life. I was introduced to it by my first teacher, the Rev. W. A. Johnson, Warden and Founder of the Trinity College School, and I can recall the delight with which I first read its quaint and charming pages. It was one of the strong influences which turned my thoughts towards medicine as a profession, and my most treasured copy-the second book I ever bought-has been a constant companion for thirty-one years-" comes viae vitaque." This cherished volume, together with a single sheaf of lilies, lay on his coffin fifty years after he had purchased it.

Osler was permitted to perform an intimate service of reverence towards the mortal remains of his literary idol. Browne had been buried in the Church of St. Peter Mancroft, Norwich, and during some repairs in 1840 his coffin was accidentally opened and one of the workmen removed the skull, which eventually found its way into the museum of the Norfolk and Norwich Infirmary. Osler was pained by the neglected condition of it there when he visited Norwich in 1873. Chiefly owing to his efforts in 1900 the skull was placed by the museum authorities in a dignified receptacle properly inscribed.

Thus in the two centuries and more that have elapsed since the death of Sir Thomas Browne, no member of his profession at home has discharged the debt to his memory so justly and so affectionately as Osler. We are not forgetful of Dr. Greenhill's claims when we say this. Indeed although the "Religio Medici" has been translated into many foreign tongues, we only know of one physician abroad so constituted as to be moved to express his appreciation of the rare qualities of the book-and that one was Gui Patin, a contemporary of Browne's, living in France. What he said of the "Religio Medici" is much like Osler's estimate of it -to him it was tout gentil et curieux . fort délicat et tout mys

tique... il n'y a guère encore de livre de la sorte.”

Osler's knowledge of books and his ability to write with charm and lucidity is revealed in his "Aequanimitas," first published in 1893. The premier edition was soon exhausted, and it has been frequently reprinted along with several other addresses. One must buy it for himself if perchance a copy can be had, for library copies are generally "out." That is a fair test of the quality of the book.

But it was, perhaps, the élans du coeur with which he approached every problem confronting him in all the arduous posts he held, and the happy gift of communicating his dauntless enthusiasm to his colleagues, that constitute his supreme value to his day and generation. In this way he generated forces that will not cease to function so long as the sphere of his activities in life endure. Equanimity, which was the theme of his leading literary essay, was his watchword. Once only in the multitude of his letters briefed by Mr. Cushing do we find such a note of complaint as this: "Yesterday was a dies irae. Everything went wrong." And in his private life what was said of his seventeenth century vates might truly be said of himself, namely, that "he was never dejected with sadness-always cheerful-in sickness suffering no impeachment of happiness."

We make no apology to the constituency of the CANADIAN BAR REVIEW for speaking at this length of the life-story of Sir William Osler. We

know of no greater Canadian. It should be an incentive to the members of any profession to read of illustrious men in other walks of life. In Mr. Cushing's book we lose the hectic atmosphere of this mean little day that will soon cease to be. Having read it few will miss the conviction that it is only by following the example of men who have made life a discipline of taste as well as a regimen of benefaction to their fellows that the present untoward state of civilisation will be redeemed.

C. M.

Canadian Encyclopedic Digest of Civil Law.-(Ontario Edition). Vol. 1, Part 1. Toronto: Burroughs & Company (Eastern) Limited; The Carswell Company Limited, 1925.

This is the initial portion of a work which claims to give "in encyclopedic form" the law decided by cases in the Courts of Ontario and of Upper Canada and by courts exercising appellate jurisdiction over them. It also includes cases decided on the Admiralty side of the Exchequer Court of Canada, and a selection of pertinent English cases where there is a similarity between English and Ontario law. It is an ambitious enterprise. It will be a benison to the whole profession if well done, a pestiferous stumbling-block otherwise to those who invariably take their law at second-hand. Its place in the courts will necessarily depend upon its inherent worth, for a Digest unlike a Code is a private undertaking and lacks the official seal of authority. It is hardly expected of a reviewer that he should read a digest from cover to cover before being in a position to commend it. We have examined the monograph on “Admiralty" (pp. 32-111) and are much impressed with its accuracy and comprehensiveness. If the standard there shown is followed throughout, the work ought to have the confidence of the profession.

C.M.

A Treatise on International Law. By William Edward Hall, M.A. Eighth edition by A. Pearce Higgins, C.B.E., K.C., LL.D. Toronto: Oxford University Press. Price $10.00 post paid.

During the Great War we bewailed the dethronement of International Law and the contemptuous disregard of its rules by the Central Powers. Now we have reason to feel that all this was not an irretrievable calamity to the nations but something that has made for the rebuilding on surer foundations of the rules of conduct between the various units of civilisation. As Dr. Higgins points out in his preface to the book in hand, long before the war there were great changes in international relations-due to the working of economic forces and other causes-that were not reflected in International Law. Hence the possibility of a more perfect synthesis being now created out of the shattered remnants of the past system. Much help in that direction is afforded by this new edition of the ever valuable "Hall." Chapter IIA is entirely fresh matter, the editor there dealing in a lucid way with the functions of the League of Nations in promoting international co-operation. Dr. Higgins, on p. 35,

makes the following observation which is sharply arresting to Canadian readers: That the self-governing Dominions have acquired something of an international personality by reason of their membership of the League of Nations seems clear, but how much is not evident. They are treated as independent in their relations to the business of the League, but for other purposes they would appear only to have made good a claim to be consulted on important matters affecting the whole of the British Empire, while each Dominion is consulted as regards matters of special import to itself. . . . Should war be declared against Great Britain by another State it still appears to be the case that all the Dominions of the British Crown would be involved. For the general purposes of International Law, except for League of Nations proceedings, it is not believed that any one of the self-governing Dominions possesses international personality apart from the whole of the Empire." C. M.

The Constitutional History of Scotland. From early times to the Reformation. By James MacKinnon, M.A., Ph.D., D.D. Regius Professor of Ecclesiastical History in the University of Edinburgh. Assisted by James H. R. MacKinnon, M.A., LL.B., Toronto: Longmans, Green & Co., 1925. Price $5.25.

We agree with Dr. MacKinnon that there was need for a new work dealing specially with the Constitutional History of Scotland before the Reformation, and we are also disposed to say that Dr. MacKinnon's work very adequately answers that need. The work is divided into three parts, covering: (1) Organisation and Government in the Celtic Period; (2) The Early Feudal Period; and (3) The Period from the War of Independence to the Reformation. The opening sentences of the first chapter of Part I. lead the reader to believe that the tissue of legend which surrounds the beginnings of the constitutional history of Scotland will be skilfully brushed aside and the unvarnished truth disclosed by the author wherever authentic records are at his disposal. Indeed (Chap. II.) he finds that from the sixth to the end of the eleventh century the character of social organisation and government in North Britain is hard to determine because our sources of information are so scanty. There were a number of kingdoms, but the evolution of one Kingdom out of these warring States was a slow process," as the author says. He, therefore, turns to the institutions prevailing in ancient Ireland and Wales, and even in Gaul and Anglo-Saxon England, to get light on the political organisation of Scotland in the same period. Part III., Chap. 2, entitled "The Kingship and its Exercise," is a most interesting portion of the work, dealing as it does with the struggle for supremacy between Mary Queen of Scots and John Knox and the reformers. We quote a specimen passage:Moreover, like her mother and in a more personal degree, she (Mary) represented the autocratic system of government, the high notion of royal prerogative which obtained in France; and in this respect also could hardly fail to come into collision with her Protestant subjects. Knox left her in no doubt on the point. She ventured to claim in her first interview with him that the people are bound to profess the religion

of their prince in virtue of the divine command to obey the powers that be. Subjects,' emphatically returned Knox, with characteristic reasons given, are not bound to the religion of their princes, albeit they are commanded to give them obedience. Nay, they may resist them if they have the power and occasion arises.' Think ye,' asked the Queen, that subjects, having power, may resist their princes?' 'If princes exceed their bounds, madam, there is no doubt that they may be resisted even with power." C. M.

Cases and Statutes on the Law of Evidence. By Ernest Cockle. Fourth Edition by Sidney L. Phipson, M.A. (Cantab.) London: Sweet & Maxwell, Limited. Toronto: The Carswell Company Limited, 1925. Price $5.00 net.

No more capable editor for a new edition of the late Mr. Cockle's useful book than Mr. Phipson could be found. The statement in the Publisher's jacket that "the work is of special value in Court" is quite justified. As Mr. Phipson observes in the preface, before the death of the author "the book had already achieved a distinct position in the profession." That is due to the plan adopted whereby a systematic view of the whole subject is attained by means of explanatory and connective annotations on the cases and statutes constituting the text. Six new statutes and twenty recent cases-including the important one of Russell v. Russell (1924), A.C. 687, relating to issues of legitimacy-are annotated in this edition. C. M.

The History of Munitions Supply in Canada, 1914-1918. By David Carnegie, C.B.E., M. Inst. C.E., F.R.S.E., Toronto: Longmans, Green & Co. 1925. Price $6.00.

Those who have been astute to gather a collection of books illustrating the world-shaking event of the Great War will be glad to add Colonel Carnegie's interesting work to their library. It tells how Canada, between the years 1914 and 1918, produced munitions and other war material amounting nearly to the value of £300,000,000-a surprising feat for a population of eight millions occupying a country by no means largely concerned in peace times with manufacturing. In his foreword to the book, the Right Honourable Lloyd George says: "It is good that such records should be compiled before memories grow dim and interest fades. . . Canada did well in giving her sons to fight in the common cause for the freedom of the world. As Colonel Carnegie here shows us, she played no less splendid a part in helping the fighting men of the Allies to meet the foe with every possible advantage on their side."

C. M.

BOOKS RECEIVED.

1. Reports of Cases in the Vice-Admiralty of the Province of New York, and in the Court of Admiralty of the State of New York, 1715-1788. With an Historical Introduction and Appendix. Edited by Charles Merrill Hough, LL.D., United States Circuit Judge. New Haven: Yale University Press, 1925. Price $5.00.

2. The old Yellow Book. (Source of Browning's "The Ring and the Book "). A New Translation with Explanatory Notes and Critical Chapters upon the Poem and its Source. By John Marshall Gest. Boston: Chipman Law Publishing Company, 1925. Price $7.00.

3. The History of the Temple, London. From the Institution of the Order of the Knight of the Temple to the Close of the Stuart Period. Compiled from the Original Records of the Two Learned and Honourable Societies of the Temple, By J. Bruce Williamson. London: John Murray. Toronto: The Carswell Company Limited, 1924.

4. Gaelic Laws; The Berla Laws or The Ancient Irish Common Law. By M. J. Macauliffe, Barrister-at-Law. Dublin: Hodges, Figgis & Co., Publishers to the University. Toronto: The Carswell Company Limited. Price $2.50.

CORRESPONDENCE.

The Editorial Board of the Canadian Bar Association does not hold itself responsible for the opinions of Correspondents. Contributions to this department of the REVIEW will be published only over the genuine names of the writers.

Editor of The Canadian Bar Review:

SIR: In my letter to you which was published in your February number, I referred to the recent judgment of Mr. Justice Belleau of Quebec, in an action of Plante v. Zannis,' which dealt with the question of the binding effect of the decision of the Privy Council in the case of Tremblay v. Despatie. After noting the fact that his Lordship recognized the authority of the last mentioned decision, I stated that I understood that other Judges in the Province of Quebec had not considered themselves bound to follow it in similar cases. I added that I felt that if some member of the Quebec Bar would undertake to deal with the subject in your columns, the result might be the removal of a certain amount of prejudice, as well as of uninformed criticism of the Quebec Judiciary.

I have recently received a letter from Mr. Edmond Brossard, K.C., of Montreal, in which he says:-" Since my nomination, on January 1st, 1924, to the position of Editor-in-Chief of the Official Reports for the Bar of this Province, no decision bearing on this matter has come to my knowledge, and I feel confident that I am right in affirming that our

1 (1925) 63 C. S. 155.