NEW BOOKS AND NEW EDITIONS.

Notes on the Remedies of Vendors and Purchasers of Real Estate, with special referenc to instalment plan agreements, rescission, determination, relief against forfeiture. 2nd edition. By C. C. McCaul, B.A., K.C., of Osgoode Hall, and of the Bars of Alberta. Saskatchewan, and British Columbia. Toronto: The Carswell Company, Limited, 1915; London: Sweet and Maxwell, Limited.

We have already noticed in our number for last April the appearance of a 2nd edition of the above book. After a careful study of its contents we are now able to speak with confidence of its merits. It is, in fact, deserving of the highest commendation for diligence and acumen in discussion of the cases, and for lucidity and style. It is in truth a new departure among Canadian text-books, and bears throughout the touch of a master-hand. It is in every respect worthy of the professional reputation of the learned author. The above heading, which is taken from the title page, admirably indicates the scope and contents of the book. To challenge adequately any of Mr. McCaul's conclusions would require one to be a past-master of the law on the subjects with which he deals, and would involve a treatise almost as long as the book itself. Evidently the prominence which dealings in the purchase and sale of land occupy in the life of our western provinces, has lead to a very special development of the law of vendor and purchaser; and Mr. McCaul's exhaustive treatment of the local decisions will render his book specially valuable to practitioners in those Courts where he has made his own high reputation. One special feature of the book is the manner in which the writer insists upon and works out the distinction between rescission and determination of a contract of sale of land, and the consequent rights, and liabilities of the parties. Another is the masterly way in which he discusses the bearing of a clause expressly making time of the essence of the contract, arriving at this conclusion (p. 114):

'It is suggested that the effect of a stipulation making time of the essence of the contract, so far at least as it affects the power of the Court to relieve against forfeiture, cannot be expressed more strongly than that such express stipulation will be noticed by the Court among other circumstances (including the subject-matter of the contract) in considering the equity to relief against forfeiture. It would seem, too, to be, perhaps deducible from the authorities, that the Court

will not in any event strictly enforce the stipulation as to time, except in cases where it is also possible to enforce restitutio in integrum without injustice to either party."

3

Mr. McCaul also discusses and gives prominence (p. 19) in a way we have not seen done elsewhere, to the effect on this whole subject of the express statutory provisions in respect to the power of the Courts to relieve against all penalties, and forfeitures, which are found in Ontario, Manitoba, Alberta, and British Columbia. In connection with this matter we may call the attention of the learned author to the fact that since the Privy Council decision of Kilmer v. British Columbia Orchard Lands, Ltd., the Ontario Courts have not followed the decision in Labelle v. O'Connor.2 See Boyd v. Richards. At p. 516 of this number we refer to a recent decision of the House of Lords, later than the publication of Mr. McCaul's book, which seems to uphold the binding efficacy of an express agreement that time shall be of the essence. But this of course would not affect the force of Kilmer v. British Columbia Orchard Lands, Ltd., in Canadian Courts. We are much impressed by the suggestion of Mr. McCaul that the condition of Western Canada in respect to land-holding and the way in which land is regarded, may render the English cases as to when specific performance should be granted not really applicable (pp. 44-45); as also by his suggestion (pp. 154-5) supported by a Saskatchewan case, but which has not met with approval in Alberta,' that the ratio decidendi of Bain v. Fothergill as to damages recoverable from a vendor who is unable to complete owing to defect in title, ceases to apply in countries possessing the Torrens system of Land Titles.

On the point of the right of action for each instalment as soon as it becomes payable under the contract, where the purchase-money is payable by instalments, Mr. McCaul has omitted to notice Vivian and Co. v. Clergue, and although we find the case of Gibbons v. Cozens, referred to in the Table of Cases, we don't find it at the page mentioned, nor have we found it anywhere else in the book.

'[1913] A. C. 319.

15 O. L. R. 519.

(1913) 29 O. L. R. 119.

L. R. 7 H. L. 158.

8 15 O. L. R. 280; 16 O. L. R. 372; 41 S. C. R. 607.

29 O. R. 356.

We have received Hanson's Death Duties, 1915, being a supplement to the 6th edition, by J. S. Franey, B.A., of the Inner Temple, Barrister-at-law: London: Stevens and Haynes.

We have also received Volume XXXIX. (1914) of Reports of the American Bar Association, and the American Bar Association Journal, and hope to notice the contents in our next number.

THE GAZETTES.

The Canada Gazette for May 1st, 1915, contains the appointment of Mr. Justice Hodgins to be a Commissioner to enquire into and report upon certain charges preferred against His Honour Clarence Russell Fitch, judge of the District Court of the District of Rainy River.

The Canada Gazette for May 1st, 1915, contains an Order in Council of April 27th, 1915, prohibiting the exportation except to the British Dominions, the allied countries (except Russia's Baltic ports), and the United States when for consumption in the United States only, of a long list of Articles, other than munitions of war, but 'capable of being converted into or made useful in increasing the quantity of military or naval stores, provisions, or any sort of victual which may be used as food by man.'

The Canada Gazette Supplement for May 8th, 1915, contains the new By-laws for the Pilotage District of Montreal, confirmed by Order in Council of April 29th, 1915.

The Canada Gazette for May 22nd, 1915, contains the new regulations as to the removal of timber in Dominion Parks confirmed by Order in Council of April 30th, 1915.

The Canada Gazette of May 29th, 1915, contains the Order in Council proroguing Parliament until July 3rd,

next.

The Manitoba Gazette of May 1st, ult., contains the procclamation proroguing the Legislature until June 10th, next.

The Saskatchewan Gazette of April 30th, ult., contains the proclamation convening the Legislative Assembly for May 10th, ult.

The British Columbia Gazette for April 29th, 1915, contains the Dominion Order in Council of March 6th, 1915, giving the first authoritative definition of game,' as applicable to the Regulations governing the National Parks of Canada, and prohibiting expressly, for the first time, the possession of game' obtained within the Parks. 'Game' is now declared to mean:-'All animals and birds protected by these regulations, and the heads, skins, and every part of such animals and birds.'

LOCALS AND PERSONALS.

Corporal J. G. Thomson, of 79th Cameron Highlanders, before enlistment a law student in the firm of Thomson and Thomson of Winnipeg, is reported wounded.

Mr. Justice Wallace Graham, was on April 27th last appointed Chief Justice of the Supreme Court of Nova Scotia in succession to Sir Charles Townshend, retired.

Mr. H. E. A. Robertson, of Victoria, B.C., has been appointed County Court Judge of the District of Cariboo.

Mr. Alph. Bernier, K.C., M.PP. for Levis, has been elected Batonnier of the Quebec Bar.

The Honourable A. W. Atwater, K.C., has been elected Batonnier of the Montreal Bar.

Mr. W. A. Ewing, K.C., has been elected President of the Law Society of St. John, N.B.

His Honour Alfonso B. Klein, for over twenty years Junior Judge of the County of Bruce, has been made Senior Judge of the County. Mr. A. M. Greig, of Almonte, has been appointed Junior Judge.

We have to note with regret the following deaths among judges and members of the profession:

The Honourable Simeon Pagnuelo, judge of the Superior Court of the district of Montreal on May 14th, at Montreal.

His Honour Alexander Finkle, judge of the County of Oxford, on May 27th, at Woodstock.

Mr. E. E. A. Du Vernet, K.C., of Toronto, on May 31st, last, at Toronto.

James Stewart Tupper, K.C., eldest son of the Right Honourable Sir Charles Tupper, on April 29th, at Oxford, England.

John J. Drew, K.C., late of Guelph, on May 8th, in Toronto.

M. E. Charpentier, K.C., the dean of Montreal lawyers, on May 6th, at Montreal.

A. E. H. Creswicke, K.C., on May 7th, at Barrie, Ont.

John Alfred Murphy, late Crown Attorney of Haldimand County, on May 8th, at Cayuga, Ont.