lectures, delivered on the Carpentier foundation of the Columbia University, entitled "The Mechanics of Law Making" (published in book form in 1914), refers to the necessity for an accurate knowledge of the existing law in respect of the subject upon which it is intended to legislate, but says "the composition and language of statutes is a subject which has been comparatively neglected by the authors of legal literature and on which not very much has been written."

It is regretted that limitation of space permits only a reference to Sir Frederick Pollock's essay on "Some Defects of Our Commercial Law" (Pollock's Essays in Jurisprudence, 1882, page 60).

An interesting quotation from this essay will be found in "The Mechanics of Law Making" (supra), pages 13 and 14.

There can be no doubt that it is much easier to conceive what would be useful law than to construct that law so that it may accomplish the design of the legislator. Consideration must also be given to the material difference in the view point of the lawyer and the legislator. The lawyer is concerned with the fundamental principle of the existing law-the foundation upon which it rests-and endeavours to apply it to the facts, whereas the legislator looks upon the existing law as defective or insufficient and considers how it should be changed to meet the requirements of the case. For this reason it is necessary that the parliamentary draftsman, in addition to an accurate acquaintance with the subject-matter, must have constructive imagination to do good work, as well as the power to visualize things in concrete form and picture what the effect of a paper scheme will be when that scheme is put in practice. In drafting legislation it is advisable that the bill be worded so as to permit of its being discussed in detail.

The style of a statute is a very important part as being the manner in which language is employed to express conceptions. One may have a perfectly clear conception in regard to a particular point, and yet express that conception in phraseology which is ambiguous and obscure.

It will be apparent, therefore, that there are many difficulties to be considered and overcome in enacting legislation and because of these difficulties great care should be exercised in the preparing of new laws or the revising and altering of existing ones. Helpful criticism is wise, but unfortunately much criticism is merely fault-finding with no attempt to point out a better method of procedure. The support of the laws and liberty of our country is essential, and any comment which may be made in reviewing the enactments will be offered

with a sincere desire to have Ontario set an example of safe, sane, clear and comprehensive legislation.

The first chapter of importance is ch. 3: "An Act respecting Elections and the Preparation of Provincial Voters' Lists." This Act makes various changes in The Ontario Election Act, R. S. O. 1914 (ch. 8), The Ontario Election Laws Amendment Act, 1920 (ch. 2), and The Ontario Voters' Lists Act, 1922 (ch. 4). Section 2 (1) enacts that: "Notwithstanding anything contained in The Ontario Election Act or the amendments thereto or in The Election Laws Amendment Act, 1920, or in The Ontario Voters' Lists Act, 1922, the list to be revised by the revising officer under the provisions of The Ontario Voters' Lists Act, 1922, shall be Part I. of the last list finally revised by the Judge of the county or district court, and Part III. of the said list prepared by the clerk of the municipality and filed with the clerk of the peace."

Sub-section 2: "Wherever through accident, fire or otherwise, a municipality has no assessment roll, voters' lists shall be prepared in the manner set forth in Part IV. of the Ontario Voters' Lists Act, 1922, with respect to territory without municipal organization."

Sub-section 3 enacts that voters' lists shall be prepared as provided by Part IV. of the Ontario Voters' Lists Act, 1922, where territory has been newly organized and no assessment roll has been prepared therefor.

Sub-section 4 enacts that where an alphabetical list has been prepared, but Parts I. and II. thereof have not been revised by the Judge, the Election Board may direct the use of Part I. and Part III., or of either Part in place of the lists mentioned in sub-section I.

[For The Ontario Voters' Lists Act, 1922, see Ontario Statutes, 1922, ch. 4. Parts I. and III. apply to towns, townships, villages, and except as varied by Part II., to cities.]

Part II. applies to every city in which a by-law shall have been passed for taking the assessment at any time prior to the 30th September, and fixing separate dates for the return and final revision of the assessment rolls for each ward or subdivision of a ward as defined in the by-law. Part IV. applies to every part of Ontario, including Indian Reserves, not comprised in an organized municipality.]

By sec. 15 the personnel of the election board is changed, sec. 20 (1) of The Election Laws Amendment Act, 1920, being repealed. Under this section the Board for the County of York shall be composed of seven members, "the six judges of the county court and the clerk of the peace." In every other county and provisional judi

C.B.R.-VOL. II.-11

cial district the board shall be composed of five members; "the judge and junior judge of the county or district court, the local registrar of the Supreme Court, the sheriff, and the clerk of the peace, and where there is no junior judge, the local master of the Supreme Court, or if he is also a judge, the registrar of deeds or one of them, if more than one, to be designated by the others members of the Board." The Act consists of 24 sections, and came into force on the day upon which it received the Royal assent, except secs. 3 to 7 and 10 to 12, which amend The Ontario Voters' List Act, 1922, and came into force on 1st January, 1924. It is to be hoped that the Acts relating to Elections will soon be revised and consolidated.

Chapter 5, The Betting Information Act, 1923, is designed to prohibit the publication of betting information-except the publishing of information during a race meeting relating to races run or to be run on the premises of an incorporated association lawfully conducting races in Ontario-under a penalty not exceeding $500. Imprisonment for a period not exceeding six months may also be imposed.

The sale and distribution of papers published in the United Kingdom is not prohibited.

This Act came into force on July 16th, 1923, and shortly thereafter a case-Rex v. Lichtman-was tried before Judge Denton, who held that the Act was ultra vires, for since the Dominion Parliament had dealt with the publication of betting information as a matter of criminal law the Provincial Legislature could not deal with the same subject in an attempt to improve that law. On appeal1 the Supreme Court of Ontario upheld this decision, the reasons for judgment being that the Dominion Parliament had made it an offence to publish betting information with intent to aid or assist in betting. The Ontario Legislature in effect amended that legislation by declaring that publication should be an offence without the intent.

The Act was therefore ultra vires of the Province.2

Chapter 13, An Act to Amend the Rural Hydro-Electric Distribution Act, 1921, provides that where a township or urban municipality is distributor of electrical power or energy in an adjoining township or within any such rural power district under sec. 24 of the Public Utilities Act, or any other general or special Act, such municipality may be paid a sum not exceeding 50 per cent. of the capital cost of constructing, in such adjoining township or district, primary transmission lines and cables, the payment to be made upon the

125 O. W. N. 83.

The Dominion Legislation on the subject will be found in section 235 of the Criminal Code, 9-10 Edw. VII. ch. 10, sec. 3 and amendments. A recent amendment to this section will be found in 13-14 Geo. V. 1923, ch. 41, sec. 3.

recommendation of the Hydro-Electric Power Commission of Ontario. and the order of the Lieutenant-Governor-in-Council.

[Section 24 of the Public Utilities Act (R. S. O. 1914, ch. 204) reads as follows: "A corporation possessing or intending to construct works under this Act may, under the authority of a by-law of an adjoining local municipality, exercise the like powers within the adjoining municipality as it may exercise within its own municipality upon such terms and conditions as may be agreed upon."]

Chapter 21 is entitled "An Act to Amend the Judicature Act." By this Act the High Court Division is to consist of nine judges. instead of fourteen as heretofore.

Provision is made for the establishment of a Second Divisional Court to consist of a "Chief Justice and four Justices of Appeal."

The Act came into force, so far as any judicial appointments or changes were necessary, on the day upon which it received the Royal assent, and in other respects on the 1st day of January, 1924..

The creation of a permanent Second Divisional Court of the Appellate Division of the Supreme Court of Ontario supplies a longfelt need in the judiciary of the Province. By the Law Reform Act, 1909 (9 Edw. VII. Ont. ch. 28), the Second Divisional Court was created as a variable tribunal composed of Judges of the High Court Division, who served for a year. This Act come into effect on January 1, 1913, and after an experiment of ten years the Court has been established as a fixed tribunal.

Chapter 22 makes an amendment in the County Courts Act whereby the Lieutenant-Governor-in-Council may change the time and place of the sittings of the District Courts.

By ch. 24 the Coroners Act is amended in regard to the salaries of chief coroners, which may now be fixed by the Lieutenant-Governorin-Council (sub-sec. 4 of sec. 4, R. S. O., 1914, ch. 92, repealed and new sub-section substituted), as well as by the addition of a new sec. 22a, which is as follows: "It shall not be necessary for a jury to view the body upon which an inquest is being held when the coroner, with the consent in writing of the crown attorney, directs that the viewing of the body shall be dispensed with."

This Act came into force July 1, 1923.

By ch. 25 the Trustee Act is amended, by enacting that: "To. remove doubts it is declared that subject to the terms of any instrument creating a trust the sole trustee or the last surviving or continuing trustee appointed for the administration of the trust, has and always has had authority to appoint by will another person or other persons to be a trustee or trustees in the place of such sole or surviving or

continuing trustee after his death, but nothing in this section shall affect or render invalid any appointment of a trustee by the personal representatives of a sole or surviving or continuing trustee or otherwise heretofore made, but all such appointments shall be as valid and effectual to all intents and purposes as if this section had not been enacted."

This enactment might better have been made a definite part of the Trustee Act, sec. 27a for example, than an Act standing wholly by itself!

Chapter 26, provides for amendments to the Registry Act (R. S. O. 1914, ch. 124), the addition of a new section, 45a, and the amendment of sec. 100 being important. Section 45a enacts that every deed or conveyance, charge or mortgage registered under the Registry Act shall contain the full name and place of residence, giving the street number (if any), of the grantee or mortgagee.

Section 100 is repealed. The substituted section provides that the Registrar, upon request of the council of a municipality, shall furnish the Clerk or Assessment Commissioner with a list of conveyances including the names and places of residence of the grantor, grantee or mortgagee, the consideration shown in each instrument and a short definite description of the land conveyed or mortgaged, but shall not include leases for less than twenty-one years.

By ch. 28 a similar amendment, sec. 55a, is made in the Land Titles Act (R. S. O. 1914, ch. 126).

Chapter 27 is entitled "An Act respecting the Registry Office in the City of Toronto." By this Act the registry divisions of East and West Toronto are constituted one registry division to be known as the "Registry Division of Toronto."

The Act provides, sec. 9, that the Lieutenant-Governor-in-Council may make regulations respecting: (a) the registers, plans, instruments and other books, documents and records to be kept in the registry office; (b) prescribing the furnishing, equipment and accommodation to be provided; (c) for the organization of the office and appointment of deputies, officers, clerks and employees; (d) prescribing the method in which fees and other receipts of the office shall be collected, kept and accounted for; (e) respecting any matter arising out of the changes in the registry division effected by this Act not expressly provided therein; and (f) generally for the better carrying out of the provisions of this Act.

The Act came into force on the 1st day of June, 1923.

The provisions of the Registry Act (R. S. O. 1914, ch. 124), and