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Great Western Railway Com- pany 168, 301 Brown et al y.

173 P Fixtures ITS Forcible entry 47, 141 Foreign government 173 Foreign judgment 47, 141 Forfeiture 47, 141 Forged endorsement 47, 141 Frauds, Statute of 47, 141, 173 Frauds 173 Freight 47,141,17a Frivolous suit ^ 48, 141 Fund in court 48, 141 TABLE OP TITLES. ^V** find you are indebtetl to the above estate to tbf amount of .59. He may possibly have felt straitened by what are, we believe, generally thought to have been two great mistakes : firstly, the omission by the Court itself, or the Attorney-General on i\» behalf, to take notice of the insult of- ered to the Court in the person of Mr. S.~6 Practice of Conveyancers— Law Society of Ontario. '* I think that the practice of conveyancers has settled a great deal of law. " In weighing the sufficiency of evidence, the practice of conveyancers is more strict, — in determin- ing the admissibility — more lax, than that of courts of justice." Another exception was commented on by Mowat V. The Legislature of Ontario has sought to remove this anomaly to some extent by declaring that many pieces of evidence heretofore well recognized as satisfactory in the practice of the profession, as be- tween vendor and purchaser, shall like- wise be evidence in the litigated proceed- ings at law against hostile parties in posses- sion : 39 Vict. The following is the resum S of the pro- ceedings of the Benchers during this term, published by authority : Monday, SOf Ji November, 1876. The practice of conveyancers, to be found embodied in such works as those of Coven- try, Lee, Preston and Hubback has been settled by a manner of procedure peculiar to English conveyancers. Christo- pher Kobinson, of counsel for the appli- cant, in an argument said to have been one of the most perfect ever heard in Osgoode Hall : " The contempt is there and the Court is there ; it is for the Court to deal with it, and it is for the Court to do what they may consider right and becoming in the discharge of their high office" — ^The Court and the contempt still confront each other. There is an unhappy feeling abroad that in some way or another, or for some reason or another, and whether justly or unjustly, and whosesoever the fault may be, the dignity of our Courts has suflered, and the majesty of the law has been I 4— Vol. It has been remarked that as a conveyancer never advocates an opinion which he does not entertain, his duties have a good deal of the judicial character about them. 599, thus ex- pressed himself : " My Lords, we hear of the practice of conveyancers, and tliat amounts to a very considerable authority f and I am justified in that assertion by the opinions of the greatest men who have sat in Westminster Hall, who, I am per- suaded in many instances, if matters had been res intetp'CB would have pronounced decisions very different from those which they thought proper to adopt, if they had not taken notice of the practice of con- veyancers as authority." And in this opin- ion he is followed by Lord Kedesdale in the same case at p. He may have been perfectly right in say- ing that the person aggrieved had, under the circumstances, no locus standi before the Court, but it is impossible to for- get the forcible words of Mr. " — let each reader answer this question for him- self. But whether this be so or not, of one thing there is no doubt, — if this case be reportetl, as we suppose it will, it will be the only one to be found in the books where .a contempt of Court so gross, and language so insult- ing and so shamelessly justified has gone unpuni^thed. Questions of real property law, many in number, and great in importance, have been settled by conveyancers, whose course of practice in the investi- gation of titles has been recognized and usually adopted by the Courts, when the like points arose for decision. Imperial Marine Insurance Company 49,143 Swire etal. Atmetirment—Hoad Comjmny — Highway — Exemption— Zi Vict., cap. Justice Morrison was led away, we venture to think, by side issues from the great principle involved. shaken ; and there is a danger that the due administration of public justicu may, in a greater or less degree, have been im paired in consequence. 232, where Lord Eldon summarises the matter by observing that a long course of practice sanctioned by professional men is often the best ex- positor of the law.

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