Fletcher Moulton, L.J., expressed the opinion that the matter should be reviewed by the House of Lords, because, in his lordship's view, the present state of things is highly anomalous. It was different when a husband could say to his wife: "What is thine is mine, and what is mine is my own;" when according to the old legal joke, in matters of property, the law regarded husband and wife as one, and the husband as that one. In those days, as Earle, C.J., said in Capel v. Powell in 1864," seeing that all her property was vested in the husband, it would be idle to sue the wife alone-the action would be fruitless.

In conclusion I would submit, with all proper deference, that the Ontario Legislature, relieved as it is of many duties and functions proper to a legislature, by the Dominion parliament, and of others by the Imperial Parliament, might do worse than appoint a Commission to take evidence and to report whether on these or any other points, our common law ought not to be altered or modified so as to make it even more worthy than it is now, of the respect in which we justly hold it.

Toronto.

27 17 C. B. N. S. 743, 748.

A. H. F. LEFROY.

THE ONTARIO BAR ASSOCIATION.1

TWELFTH ANNUAL MEETING.

The twelfth Annual Meeting of The Ontario Bar Association was held in Convocation Hall, Osgoode Hall, Toronto, on Thursday and Friday, the 21st and 22nd days of February, 1918.

The proceedings commenced on Thursday afternoon, with an address by the President, Mr. George C. Campbell, on "Law, the Hope and Defence of Democracy." He referred to some of the philosophical and political theories that have arisen during the war. When intelligently studied they lead to a more thor ough realization of the importance of law as an element in social progress. We have determined that the war shall be fought until the law of force is fully discredited and gives place to the force of law, and the rule of magnanimity and justice. Lawyers and lawstudents have sacrificed and are still sacrificing themselves for the accomplishment of these great national and international ideals, and in so doing they maintain the highest traditions of the legal profession.

The President referred to the question of legal education, and to a number of other important matters which he thought should engage the attention of the profession and the Council during the year, and he suggested that a special committee be appointed to deal with the subject of Reports and Digests.

REPORTS OF COMMITTEES.

Reports of standing and special Committees were

presented

Reform;"

as follows: By R. T. Harding, on "Law W. F. Kerr, on "Legal Education" and "Legislation;"

"Criminal Law;" J. S. Davis, on

1 Mr. C. F. Ritchie, who acted as Corresponding Secretary of the Association during 1917, and has been elected Treasurer for 1918,

has kindly

furnished the material for this report. ED. C. L. T.

Colonel W. N. Ponton, K.C., on

66

Legal History;" J. H. Spence, on "Company Law;" and by Francis King, on "Patent Law" and "Legal Ethics."

Discussion of the reports was reserved until the second day.

FRIDAY MORNING SESSION.

On Friday morning, the Report of the Committee on Law Reform came up for discussion. It contained six recommendations which were dealt with, as follows:

Recommendation No. 1:

"That the Rules of Practice should be amended so as to permit cross-examination on an affidavit on production at the examination for discovery."

This was approved by the Association.

Recommendation No. 2:

"That the Coroners' Act should be made a subject of special consideration of the Law Reform Committee for 1918, with a view to drafting a new Act."

This was referred to the Council of the Association.

Recommendation No. 3:

"That there should be uniformity in the various Provinces of Canada as to the classes of cases in which an appeal will lie to the Supreme Court of Canada."

This matter was referred back to the Committee for further consideration, with the suggestion that uniformity is desirable if possible, and with the further suggestion that consideration be given to the question whether the right to appeal might not more properly be limited by requiring application for leave than by any monetary limitation, and that a report be made by the Committee recommending the means to be taken, if any, to bring about any changes proposed.

Recommendation No. 4:

"That the Criminal Code should be amended by adding a section 1015, allowing an appeal to the Court of Appeal for a new trial upon the discovery of new evidence, as in civil cases."

It was pointed out by Mr. Harding, Convenor of the Law Reform Committee, that the Code does not provide for the granting of a new trial on the ground

of the discovery of new evidence except after conviction and sentence, when the Minister of Justice may under section 1022 grant a new trial. There was considerable conflict of opinion on the point, some membera expressing the view that, if anything, appeals should be further restricted rather than encouraged. The matter was referred to the Council.

Recommendation No. 5:

"That section 295 of the Criminal Code should be amended, or a new section added, making it an indictable offence for a person who has a venereal disease, and knows it, to have sexual connection with any other person."

This was approved and referred to the Council for

action.

Recommendation No. 6:

That an effort should be made to bring about uniformity in the forms and details of conveyancing as provided for under the Land Titles Acts in the different Provinces of Canada."

This was approved, and the Corresponding Secretary was instructed to send a copy of the resolution to the Secretary of the Canadian Bar Association.

RE ABOLITION OF DOWER.

A motion was made that the Association put itself on record as favouring the abolition of dower and the introduction of legislation entitling a widow to a reasonable share of her husband's estate, personal as well as real, whether he leaves a will or not, such share to be at least as great as she would now receive in case her husband died intestate.

the abolition of dower, namely:

The mover, Mr. C. F. Ritchie, gave five reasons for

for which it was intended. It arose in times when real property (1) Because it no longer answers satisfactorily the purpose Iwas the most common form of wealth; but now personal property forms the bulk of most estates.

A modern widow may be con

sidered lucky if her dower will yield as much as $120 per year,

VOL. XXXVIII. C.L.T.-12

which represents the annual income at six per cent. on a third share of the proceeds of a house valued at $6,000;

(2) Because it can be readily defeated, e.g., by a simple bar of dower in a deed or mortgage signed by the wife during the husband's lifetime. If the wife is not disposed to concur readily in such documents her husband may arrange in purchasing real property to take a deed to uses, so as to defeat her claim to dower; (3) Because it is the chief source of difficulty in searching titles;

(4) Because it is an awkward interest to calculate, assign or apportion, and in many cases it necessitates a sale under inopportune circumstances;

(5) Because it is recognized as antiquated in many jurisdictions. It does not exist in Manitoba, Saskatchewan, Alberta or the Yukon. It has been abolished in a large number of the States of the United States, and in England it has been so greatly changed by statute that it is now practically confined to property in respect of which the husband dies intestate. The husband can dispose of real estate in England either by deed or will without the concurrence of his wife. The law in British Columbia is similar to that of England.

A good deal of discussion took place, the unanimous sentiment being that some more adequate protection should be made for the widow. It was suggested, however, that the most logical course would be to introduce reasonable restrictions on the power of testamentary disposition, bringing our law into accord with the laws prevailing in most of the countries of Europe.

Another suggestion was that a corresponding provision should be made entitling a husband to a reasonable share in his wife's estate, especially in cases where a large portion of her estate consists of property given to her by her husband.

The whole subject was referred back to Council for further consideration.

"FLAWS IN THE COMMON LAW."

An interesting and practical address entitled as above was read by Mr. A. H. F. Lefroy, K.C.1

1 This address being published in this issue of the C. L. T., further comment on it is omitted: ED. C. L. T.