either drawn originally in his favor or indorsed to him, and accompanied in case of loss by the policy of insurance. For, thereunder, as the bill of lading with its accompanying documents comes forward by mail, the purchaser obtains the privilege and absolute power of profitably dealing with the goods days or weeks, or, perhaps, in the case of shipments from a distant port, months, before the arrival of the goods themselves. This is, indeed, the essential and peculiar advantage which the buyer of imported goods intends to gain under the C.I.F. contract according to the construction which I put upon it."

To take it another way, supposing the purchaser withholds payment, either one of two things must happen, he either procures a bill of lading or he does not. If he does not precure a bill of lading, then the vendor or the vendor's agent, must receive the goods from the ship at the port of destination and at his own expense store or warehouse them until the purchaser has an opportunity of examining them. This involves the principle that the vendor still retains control of the goods, which of course is not the intention of the parties at all: the alternative is that he must procure the bill of lading and all documents without paying for them, which is absurd.

For the above reasons I think I have clearly established the liability of the purchaser to pay cash against documents in every C.I.F. contract.

How, then, you ask, is the purchaser to be protected, if the goods are not according to warranty. Then in such events, of course, the purchaser has a claim for damages against the vendor as in any other case where there has been a purchase and sale of goods and undisclosed defects are discovered after delivery and payment.

And so we have completed the circle and arrived back at where we began. It is not necessary for exporters to ship on the principle underlying C.I.F. contracts but if they do so, they must accept the full responsibility for the obligations that attach to such contracts. We know how we regard those foreign exporters whose shipments to these shores on C.I.F. contracts are correct in every detail and goods strictly in accordance with the contract. We know how it means further and larger business to those dealings to the extent of our capacity. It was fulfilment of contractual obligations, even when it meant losses, that built up and maintained the sea-borne commerce of Britain, and it is the development and mainten

ance of the trust and confidence of foreign buyers in our C. I.F. deliveries that will build up and maintain the sea-borne -commerce of Canada.

SCHEDULE OF CASES

1883, April 28th-Sanders Bros. vs. McLean & Co.

1883, Feby.

Brett, M.R., Cotton, L.J., Bowen, L.J., reversing the judgment of Pollock B.

11, Q.B.D. 327.

18th-Burdick vs. Sewell & Nephew.-Field J.
10, Q.B.D. 363.

1884, April 9th-Burdick vs Sewell,

13, Q.B.D. 159.

Brett, M.R., Badgeley, L.J., Bowen, L.J., reversing the decision of Field, J.

1884, Dec. 5th-Sewell & Nephew vs Burdick,

10, A.C. 74.

Earl Selburne, L.C., Lord Blackburn, Lord Bramwell, reversing the decision of the Court of Appeal; restoring the decision of Field, J. 1910, Octr. 26th-Biddell Bros. vs E. Clemens Horst. 1911, 1 K.B. 214,-Hamilton, J.

1911, March 21st-Biddell Bros., vs E. Clemens Horst. 1911, 1 K.B., 1934,

Vaughan Williams, L.J., Farwell, L.J., and Kennedy, L.J., dissenting, reversing the decision of Hamilton, J.

1911, Nov. 3rd.-Biddell Bros. vs. E. Clemens Horst. 1912, A.C. 18.

THE LAWYER IN LITERATURE

BY FRANK EVANS

The lawyer's business is to understand and direct the business affairs of others. He is the expert who defines for his client his duties and obligations, and aids him in the securing of his rights and privileges. His duty to his client at times appears to require him to disregard abstract justice, and this has resulted in his being frequently represented by writers as resorting to deceit and sophistry in order to succeed with this cause. Dickens very aptly expresses this thought through Mr. Pickwick, when he argues with Mr. Snubbin thus:

"Gentlemen, of your profession, sir, see the worst side of human nature. All its disputes, all its ill-will and bad blood, rise up before you. You know from your experience of juries (I mean no disparagement to you, or them), how much depends upon effect; and you are apt to attribute to others, a desire to use, for purposes of deception and self-interest, the very instruments which you, in pure honesty and honor of purpose, and with a laudable desire to do your utmost for your client, know the temper and wortht of so well, from constantly employing them yourselves. I really believe that to this circumstance may be attributed the vulgar but very general notion of your being, as a body, suspicious, distrustful, and overcautious."

Whatever the failings of the lawyer in this respect, the fact remains that there has been a general want of confidence in the profession; and, aside from the adverse influence of a small proportion of the legal profession, the writers of drama and fiction are almost wholly responsible for the attitude of the public mind toward the lawyer. Otto Erickson in "Law Notes," April, 1916, in speaking of the lawyer, says:

'Always do we find him attacked by literary genius as an enemy to society, ridiculed as a parasite, and denounced and reviled as something little better than a criminal and much worse than a rogue."

Students who have undertaken, in a serious way, a study

of the several professional callings, have placed the lawyer on a comparatively high plane, but the novelist and poet as a rule approach the subject from a different standpoint. They are usually looking for the sensational, and coupled with a desire for the sensational, there is generally a want of sincerity, and so, through the whole realm of lighter literature, the lawyer has been held up as a shrewd, conscienceless, half-idle, loitering opportunist, always a partisan, who clouds the issue with "legal English," and by means of technicalities perverts justice, and who, with genteel suavity, supplies a necessary element in the plot by playing the evil part in a "lawful" way and drawing his retainer.

He an

This treatment, however, is not confined to fiction, for in the pages of Holy Writ we find the lawyer the object of scorn and generally regarded as identical with the Scribes. When Christ was questioned by the lawyer, who asked Him, "Master, which is the great commandment in the law?" swered fully and argued eloquently, and then rebuked openly, saying, "Ye serpents, ye generation of vipers, how can ye escape the damnation of hell?" and in St. Luke, He addresses the lawyer thus: "Woe unto you also, ye lawyers, for ye lade men with burdens grievous to be borne, and ye yourselves. touch not the burdens with one of your fingers."

A favorite notion among writers of fiction respecting the lawyer is that his fees are mere compliments to his shrewdness, and that his success is determined by his ability to inveigle his client into the payment of a generous sum. On this score, Æsop added his thrust at the legal profession in that artful fable, "The Litigous Cats," wherein the monkey is depicted as judge, deciding the ownership of a piece of cheese which is claimed by each of the cats. The decision of the wise and just magistrate awarded the cheese to the litigants in equal proportions, but having difficulty in making an exact division, the judge proceeded alternately to bite off a portion of the larger morsel until both pieces were, to the alarm and dismay of both litigants, wholly consumed.

It may be that lawyers will recall reading the ancient rhyme, "The Old Saw," which was published in Harper's Monthly in 1856:

An upper mill and lower mill,
Fell out about their water;
To war they went-that is to law,
Resolved to give no quarter.

A lawyer was by each engaged,

And hotly they contended;

When fees grew scant, the war they waged,

They judged were better ended.

The heavy costs remaining still,
Were settled without pother;
One lawyer took the upper mill,

The lower mill the other.

Going so far back as Chaucer, a reference is made to the 'sergeant of the law," illustrating the self-assumed importance of the lawyer in the lines:

"Noher so bisy a man as he there nas,

And yet he semed bisier than he was.'

Early in the Elizabethan period, Sir Thomas Moore, who had been Lord Chancellor of England, endeavored in his "Utopia" to get rid of lawyers by the following process of reasoning:

"They have no lawyers among them, for they consider them as a sort of people whose profession it is to disguise matters, and to wrest the laws; and therefore, they think it is much better that every man should plead his own cause, and trust it to the Judge, as in other places the client trusts it to a counsellor. By this means, they both cut off many delays, and find out truth more certainly; for after the parties have laid open the merits of the cause, without those artifices which lawyers are apt to suggest, the Judge examines the whole matter, and supports the simplicity of such well-meaning persons, whom otherwise crafty men would be sure to run down; and thus they avoid those evils which appear very remarkably among all those nations that labor under a vast load of laws." Readers of Shakespeare will recall the Grave Digger's Scene (Hamlet, Act 5, Scene I), in which Hamlet and Horatio