The law firm formerly known as Macdonell, McMaster and Geary will cease to exist. The first to leave was Corporation Counsel Geary, who, shortly after his appointment to that position, severed his connection with the firm in January. Since then the firm has been known as Macdonell, McMaster and Company, and now it is dissolved, each of the partners connecting himself with prominent legal firms.

Mr. A. McLean Macdonell will join the firm of Bicknell, Bain and Strathy, Lumsden Building, Yonge and Adelaide streets, which will take the new name of Bicknell, Bain, Macdonell and Strathy. Mr. A. C. McMaster will join the firm of Montgomery, Fleury and Company, which is to take the new name of McMaster, Montgomery, Fleury and Company, with offices in the Canada Life Building.

TRIBUTE TO THE MEMORY OF THE LATE SAMUEL C. SMOKE, K.C.

At the funeral service on Tuesday, 2nd June, 1913, the Reverend Robert J. Hucheon, the Pastor of the Unitarian Church, Jarvis Street, made the following address:

Dear friends,-The thought that I want to suggest to you as we pay our last respects to our so suddenly deceased friend, Mr. Smoke, is the one dealt with by Seneca in one of the selections which I have just read. He says: "The comfort of having a friend may be taken away, but not that of having had one." And again: "He that has lost a friend has more cause of joy that he once had him, than of grief that he is taken away." In the spirit of Seneca I want to dwell not on what we have lost but on the worth of what we have had. Our late friend would have been the last man to want a flattering eulogy pronounced over his dead body, and my own deep respect and affection for him would prevent me from saying that I did not entirely feel to be true. But it is a simple matter of fact that every one who has known Mr. Smoke for the last twenty-five years in the church to which he belonged had a respect for him of a very unusual quality, it was a blending of respect and admiration and reverence and affection. In later years his business prevented him from mingling much with us in a social way, but those who have

known him all through the time of his connection with us have recognized in him a combination of intellectual, moral and spiritual qualities very seldom met with in our modern life. I have little opportunity of knowing how he impressed the larger world, but in my own little circle I have found a mental attitude towards him which is almost unique in my experience. We had that kind of confidence in his integrity which one has in the rising of the sum on each to-morrow; we looked up to him because of his ability and his position in his profession, but we never hesitated to approach him; he had a dignity about him which made us want to be at our best in his presence, but behind the dignity there was a remarkably simple, affectionate and kindly spirit which made us feel at home with him at once and put us in the mood of frank, straightforward real speech. His growing power in his profession never altered in the least, the simplicity of his nature or of his relations with his friends or his total feeling about the values of life.

As life goes by, each one of us, who is able to make a choice, selects from the many interests that the world offers, those that seem to him most attractive and our inmost nature is revealed in the choice we make. The simplicity and unworldliness of our late friend's inner nature were clearly revealed in the interests of his leisure time. In the first place he was a home man. His life had its roots in that love of home which in the past has been so characteristic of the Anglo-Saxon people and so great a source of their strength, but which, alas, is being dissipated and destroyed by our modern city life. He did not need the strong excitements which the crowd offers, nor the conviviality of the club, nor the glitter of great functions, but found in his home and the supervisions of his son's education and the company of a few friends the satisfactions of his social being. With means and ability to live in the glare of the world, he chose to walk in the common path of the affectionate husband, the wise and careful and interested father and the simple friend. Against the background of the complex life of our city, his love of home in all its old simplicity reminds us more of some of the calm heroes of the ancient world whose literature he loved, than of the men of his own time.

Again, his life was fed and sustained by a very real love for good literature. He could retire from the noisy busy world, in which his day was spent, into the far more quiet

world of Homer and Virgil and Milton and Hebrew Prophets and Psalmists. The training of his earlier life and the bent of his own nature led his footsteps often to those quiet haunts whither have resorted so many minds in the past for rest and refreshment and meditation. He was, as we all know, a herculean toiler in his profession, and I have no doubt that that toil was possible at all only because he could relax and refresh his mind every night by his contact with the free and inspired minds which have uttered their thought and feeling in great literature. He was one of the few men I have known who were deeply interested in literature for the sheer love of it, and who found in it not merely intellectual excitement but deep wisdom for life and rich emotional satisfaction.

Finally, he was deeply interested in his church, and in the maintenance of the spiritual life. Nor was this interest a merely inherited one, for the church in which he worshipped was not the one in which he was reared, but one which he adopted of his own free choice because it appealed to the simplicity of his nature and the demand of his mind for a rational as well as spiritual form of faith. No matter how busy his week days might be, he never failed, if well and in a mere bodily presence. He had a keen appreciation of any religious service in which thought and ethical feeling and simple spirituality were blended. He worked during the week as though life meant nothing but work, and his sudden death is a warning to many a professional toiler that nature has limits which must be respected, but we who saw him in the church on Sunday, and especially his minister, knew that his soul found escape from the ceaseless round of week day toil and communed with the unseen and eternal.

We shall miss him more than words can say from the small group with whom he chose to worship, but our sense of loss we put by for the moment to testify to our gratitude that he has been with us so long.

VOL. XXXIII. C.L.T.-40

LEGAL DEVELOPMENT IN ENGLAND AFTER THE RESTORATION.

Some little time ago I was talking to an eminent historian who was lamenting that the English lawyers who had interested themselves in the history and development of legal ideas and legal procedure in this country had, mostly, set a limit for their investigations at about the time of the Civil War, whereas, said he, it would be most important for historians to have the process completed up to modern times. He said that no one had taken the trouble to investigate what kind of matters chiefly came before the Courts after the Restoration, how they were dealt with, or how the legal ideas governing the decisions of the Courts developed from that date. I acknowledged the justice of the criticism, and during part of the Long Vacation I amused myself by going through the reports of Sir T. Raymond and Levinz, which are the King's Bench Reports from the Restoration to the end of the reign of William and Mary, and making an analysis of the subjects with which the various decisions dealt.1

There are about twelve hundred decisions in all, and the first thing that is noticeable about the list is the comparative dearth of actions in relation to commercial matters. It is not that such matters are ignored. On the contrary, almost every kind of commercial transaction is incidentally referred to somewhere.

1 The following is, roughly, the result:

64 cases dealt with criminal or quasi-criminal matters; 26 with technical questions on error; 19 with mandamus; 45 with prohibition; 5 with certiorari; 1 with habeas corpus; 1 with quo warranto; 14 with scire facias; 4 with qui tam; 1 with latitat; 1 with audita querela; 6 with duty of sheriff; 12 with escape; 3 with rescue; 1 with hue and cry; 1 with sureties; 21 with bail; 4 with forcible entry; 2 with contempt of court; 5 with outlawry; 40 with questions of pleading: 16 with questions as to trial of actions; 2 with form of writs; 2 with evidence; 1 with writ of inquiry; 3 with execution and process; 1 with attachment; 6 with abatement; 3 with damages; 2 with wager of law; 5 with questions about jurors; 5 with bankruptcy; 2 with satisfaction of judgments; 2 with costs; 2 with accord and satisfaction; 2 with estoppel; 4 with release; 7 with privilege from arrest; 1 with privilege of Parliament; 4 with assize for office; 2 with Courts of Honour; 7 with customs and by-laws of towns; 2 with charitable trusts; 11 with apprenticeship; 1 with extortion by jailor; 1 with constitutional law; 1 with revenue; 2 with royal grants and charters; 1 with poor law; 6 with ecclesiastical law; 3 with husband and wife; 1 with jointure; 10 with dower; 8 with infancy; 32 with actions on awards; 95

Woodward v. Bonithan, Sir T. R. 3, is an application for a prohibition to the Court of Admiralty, to restrain them. from dealing with an action upon an agreement for the hire of a ship, on the ground that the agreement was made on land.

Graves v. Sawcer, Sir T. R. 15, is an action by one part owner of a ship against another for fraudulently selling her abroad.

Eliot v. Blake, Sir T. R. 65, is an action in which a question is raised as to the exception of "perils of the sea" in a contract for the sale and delivery of goods.

Mors v. Slue, Sir T. R. 220, is an action on the case against the master of a general ship for goods stolen when on board.

Mustard v. Harnden, Sir T. R. 390, is an action for damages for negligence causing a collision in the River Thames.

Hughs v. Cornelius, Sir T. R. 473, is an action of trover for a ship condemned as a prize. Question as to whether judgment of a foreign prize Court is final.

Sands v. Exton, Sir T. R. 488. Prohibition to the Admiralty Court in reference to the arrest of a ship sailing to the East Indies contrary to the East India Company's charter.

Action on bottomry bill.
Action on bottomry bond.

Sayer v. Glean, 1 Lev. 54. Collins v. Sutton, 1 Lev. 149. Stone v. Waddington, 1 Lev. 156. Action for goods sold and delivered.

Anon., 1 Lev. 166. Assumpsit for price of goods sold and delivered.

with ejectment; 29 with replevin; 2 with wrongful distress; 32 with rent; 30 with manors and copyholds; 8 with titles; 36 with trespass to land; 50 with covenants relating to land; 18 with devises of land; 4 with attornment; 20 with cases relating to estates in land: 1 with parcels; 4 with formedon; 2 with partition of lands; 2 with prescription as to lands; 3 with nuisance; 1 with ancient lights; 3 with ways; 1 with watercourses; 3 with highways; 3 with waste; 1 with common recovery; 8 with statutes of limitation; 3 with use and occupation; 62 with debt; 55 with assumpsit (except in cases otherwise specified); 2 with account; 4 with conditions in bond; 22 with cases connected with shipping (chatter-party, bottomry, etc.); 7 with actions on wagers; 6 with sale of goods; 5 with marriage brocage; 2 with breach of promise of marriage; 2 with bills of exchange; 2 with quantum meruit; 25 with trover; 66 with slander; 1 with libel; 18 with trespass to goods; 19 with trespass to person; 41 with trespass on the case (for matters other than those specified): 2 with personal negligence; 1 with deceit; and 49 with actions by and against executors.