very ignorant men like Mr. Canning', laugh at, not even knowing their own trifling accomplishment of Greek and Latin. He is, moreover, to see how cases are argued, how authorities are brought to bear on points, how judges are addressed in difficult cases, how adversaries are answered, how witnesses are examined, how cases are explained, how juries are addressed. He is to learn his profession, and how to exercise it by observing the skill with which practised men exercise it, "quod nunquam effecisset ipsius juris scientia, nisi eam præterea didicisset artem, quæ doceret rem universam tribuere in partes; latentem explicare definiendo; obscuram explanare interpretando; ambigua primum videre, deinde distinguere ; postremo habere regulam, quâ et vera et falsa judicarentur, et quæ, quibus positis, essent, quæque non essent, consequentia."2 All this can only be learned by an assiduous attendance upon courts; and the student may rely upon it, that the best course he can follow is to divide his day into two; remaining four hours in court, in strict attention to all that passes, and taking his note occasionally, but not writing so much as to prevent him taking in the whole scope of what passes- then repairing to his chambers, and reading on the points which he has heard discussed in court. He will do well to dine at a law club, and let him choose one which is frequented by men actually in business, and who will talk law when they meet together, and not gossip upon fashionable scandal, or wrangle on party politics, the two most fruitful topics of idle society, and the most barren at the same time. Mr. Pitt dined daily during the short period of his attendance on the courts before he was "Lost, lost, too soon in yonder House or Hall," daily dined at a good law club, and took the liveliest interest in the discussion of whatever points had arisen during the 1 He ignorantly of Greek supposed there was no authority for the phrase of the civilians, infinitely better scholars than himself, though not perhaps as able rhymers. But had he read Quinctilian (to purify his often false taste) he would have found ars πρακτικη used by him in contradistinction to θεωρητικη. Every other word of the passage has the authority of Cicero and of Livy, who probably knew Latin nearly as well as the generality of Eton scholars. 2 Brutus, li. morning in the King's Bench. It is one of the greatest injuries which the incroachments of the west-end of the town have inflicted upon the regions of the law, that clubs unconnected with the profession have both greatly diminished the number of law clubs, and seduced their members to a late dinner, and an idle if not a dissipated evening. We have not recommended the young barrister to attend the whole six or eight hours of the day in court. Were he to do so he must devote his whole evening to reading the books connected with the arguments which he has heard in the morning, and the evening would not suffice for this purpose. Besides, so much of argument heard would be exceedingly apt to exhaust his attention and make the practical study of his profession an object of disgust. Ne quid nimis is a good rule in all pursuits; in that which is to form the business of life as well as in that which forms only its amusement. No sensible instructor would recommend to his pupil the example of Lord Eldon, rising between four and five daily, and reading at night with a wet towel round his head to keep off sleep. If few men are likely to become by any study lawyers like him, fewer still could undergo that discipline with impunity either to body or mind, and hardly any would succeed by following his course of too hard labour. The circuit and sessions afford another school to the practical man; a school the more important because it teaches him a knowledge of men and of the world which the sameness of life and manners in the capital is not so well fitted to bestow. But the circuit is too often made the scene of relaxation, coming, as it does, after the labours of Westminster Hall. The young circuiteer cannot be too cautious in giving himself up to such habits of amusement, almost inseparable from dissipation. But the circuits, and first of all sessions, are important in another view. It is here that he will have in all probability his first taste of business. The first brief is a grand event in his life; and it demands his utmost attention. Never let him be above anxiously and minutely making himself master of every part, every line, every word of it. Whatever he would have more fully explained, he has a perfect right by the most rigid rules of a jealous profession to get explained by either speaking to his client, the attorney, in court, or by sending for him to his lodgings. He will thus prove useful to his leader and his client; but he will also prove useful by noting on the blank pages of the brief any observation both on the law and the fact that may occur to him in studying its contents. Don't let him either be so much above his business or his own standing as to despise this study, and to refrain from consulting his seniors on the circuit (not in the cause), on any difficulty that occurs to his mind. Don't let him be afraid of setting down needless references to authorities. These will sometimes be puerile enough, and, were he to show them all to his practised leader, who goes instinctively through his case, might draw a smile over his countenance at the innocence of youth of an age which he hardly can now recollect. But a little attention and acuteness at consultation will show him what are of any use and what are but burning daylight; and his client will be all the better pleased with his diligence when he receives back his brief, and possibly will suppose the references to be of much importance, from their being new to him. When he is in consultation or in court, never let him on any account keep back any really useful suggestion from his leader; nor withhold a point, that he may make it when heard (as however rarely happens) to support an objection; nor above all withhold a view of the case, when he has to follow in a motion, or in showing cause at Westminster. The leader and the client have a right to all, and are unjustly dealt with, if any thing is "bottled up" for the junior's own separate use. The time is now come when, by the accidents of business, he is to lead himself. Then double care is required. Above all, he must be prudent, circumspect, and never sacrifice the cause to any display. But also he must not be fastidious, and afraid of seeming to over do and over labour. It is not for him to have the confidence which experienced leaders derive from long use. He must supply this necessary deficiency by double labour and attention; and never let him for one moment imagine that by an absurd, a misplaced, an unreasonable imitation of the practised leaders, he can impose upon his clients, and make them take him for an experienced man, and overlook the fault of carelessness, which in even old leaders is no grace, in young ones, who have not the same excuse, an inexcusable fault. The life we have been describing of labour, of discipline, of reading, of writing, of early rising, of abstraction from pleasure, even from relaxation, of tedious hours and copying in the office, of tiresome attendance in court, of patient following of the circuit briefless, of the sessions all but briefless, of seeing others with less merit preferred by favour or by chance, of endless hope ever deferred- - all is, we must allow, such as to exhaust the patience of most men, and damp the most lively expectations with which either the study of the law or its practice can be commenced. We have only to set off against these drawbacks the mighty things to which such exertions lead. The most brilliant success which talents the most splendid, learning the most profound, can ever attain; the most exalted offices in the state; the greatest weight in the government of public affairs; the noblest triumphs of genius, in its highest walk, the path frequented and illustrated by Demosthenes, by Cicero, by Erskine, by Plunkett; above all, the glorious privilege of protecting the oppressed, avenging the injured, prostrating the guilty, and the brightest and purest fame that mortals can enjoy, reaped from such employment of such talents such as alone can give men to rise in the renowned profession of the Lawthese are the prizes which we place before the student, and the young practitioner. In the language of Nisi Prius, "That is our case." ART. XII.-RECENT ALTERATIONS IN CONVEYANCING FORMS. 1. An Act to Simplify the Transfer of Property. 7 & 8 Vict. c. 76. Royal Assent, August 6. 1844. 2. Outlines of a Plan for adapting the Machinery of the Public Funds to the Transfer of Real Property, respectfully inscribed to the President and Council of the Society for promoting the Amendment of the Law. By ROBERT WILSON. London. Blenkarn, 1844. THE Real Property Commissioners', in their first Report, state that they are "inquiring whether the length of deeds, which causes much expense and perplexity, may not be materially abridged, by making certain powers and obligations legal incidents to certain estates and interests to which they are now almost uniformly annexed (though we feel this to be a matter of much delicacy), or by recommending prescribed forms of conveyance to which in certain cases a given effect shall be imputed." It is much to be regretted, however, that this Commission was brought to a close before these inquiries were completed, the more so, as in the same Report it is said that "the forms of conveyances now in use are cumbrous and circuitous" (p. 7.), and that it appeared to the commissioners that the modes by which estates and interests in real property are created, transferred, and secured, are exceedingly defective, and require many important alterations." (ib.) No further allusion, however, is made by the commissioners to this important subject in any of their subsequent reports. But we have been able to ascertain the sentiments on this subject of two of the learned commissioners from other sources, and to them we shall advert in the course of this article. We are desirous, in the first instance, of placing before our readers the opinions which were collected and printed on this subject by the commissioners, which formed the basis of their report, and which, it will be found 66 11 R. P. Rep. 57. |