The Preliminary Examination Journal AND STUDENT'S LITERARY MAGAZINE. CHAPTER I. EXAMINATION NOTICES. Preliminary Examination for Solicitors. PURSUANT to the Judges' orders, the next Preliminary Examination in General Knowledge will take place on Wednesday the 14th, and Thursday the 15th of May, 1873. In addition to the ordinary subjects (including an elementary knowledge of Latin), the Special Examiners have selected the following books in which candidates will be examined :— In LATIN. In GREEK : . Sallust, Catilina; or, Horace, Odes, Books I. and III. . Homer, Iliad, Book VI. In MODERN GREEK Βεντοτῆς Ἱστορία τῆς ̓Αμερικῆς βιβλίον ζ. In FRENCH In GERMAN In SPANISH. In ITALIAN . Chateaubriand, Voyage en Amérique, pp. 267 to Lessing, Emilie Galotti; or, Goethe, Torquato Cervantes, Don Quixote, cap. xv. to xxx. both in- Manzoni's I Promessi Sposi, cap. I. to VIII. both inclusive; or, Tasso's Gerusalemme, 4, 5 and 6 cantos; and Volpe's Eton Italian Grammar. Each candidate will be examined in one language only, according to his selection. Candidates will have the choice of either of the abovementioned works. Candidates are required by the Judges' orders to give one calendar month's notice to the Society (at the Law Institution, Chancery Lane, London, W.C.), before the day appointed for Examination, of the language in which they propose to be examined, the place at which they wish to be examined, and their age and place of education. FORM OF NOTICE. Christian and Surname, and at Notice is hereby given, that the Address at which letters himself for Examination at and of aged who was educated days of next to present previous to entering into Articles of will reach the Clerkship, and that he proposes to be Examined in the Language. Intermediate Examination, under 23 & 24 Vict. c. 127, s. 9. The elementary works, in addition to book-keeping (mercantile), selected for the Intermediate Examination of persons under Articles of Clerkship executed after the 1st of January, 1861, for the year 1873, are Chitty on Contracts, chapters 1 and 3, with the exception, in chapter 3, of section 1, relating to Contracts respecting Real Property. 8th or 9th edition. Williams on the Principles of the Law of Real Property. 8th or 9th edition. J. W. Smith's Manual of Equity Jurisprudence. 9th or 10th edition. MERCANTILE BOOK-KEEPING.-The Examiners deal with this subject generally, and do not in their questions confine themselves to any particular system. Candidates are required by the Judges' orders to give to the Incorporated Law Society one calendar month's notice before the commencement of the Term in which they desire to be examined. Candidates are also required to leave their Articles of Clerkship and Assignments (if any), duly stamped and registered, seven clear days before the commencement of such Term, together with answers to the questions as to due service and conduct up to that time. Candidates may be examined either in the term in which one half of their term of service will expire, or in one of the two terms next before, or one of the two terms next after one half of the term of service under their articles. The Examinations are held in the Hall of the Incorporated Law Society, Chancery Lane, London, in Hilary, Easter, Trinity and Michaelmas Terms. FORM OF NOTICE. Notice is hereby given, that A. B., of who is now under Articles of Clerkship to C. D., of [or, who has served under Articles of Clerkship to C. D., and is now serving under an Assignment of such Articles of Clerkship to E. F., or, as the case may be], intends to apply in Term next for Intermediate Examination. Dated the day of 187 Final Examination. [Signature of Candidate.] Candidates are usually examined in— Common and Statute Law, and Practice of the Courts. Conveyancing. Equity, and Practice of the Courts. Bankruptcy, and Practice of the Courts. Criminal Law, and Proceedings before Magistrates. Candidates are required to give notice of their intention to present themselves for examination in the term previous to that in which they wish to be examined. Preliminary Examination of the Royal College of Surgeons. The next Preliminary Examination for the diplomas of MEMBER and FELLOW of this College will be held on or about Tuesday, Wednesday and Thursday, the 17th, 18th and 19th of June 1873. Candidates desirous of presenting themselves for this Examination must signify their intention of so doing to the secretary (at the College of Surgeons, Lincoln's Inn Fields) on or before the 30th of May next. The Compulsory subjects are the same as in the legal "Preliminary," except that no candidate will be passed who does not show a competent knowledge of the first four rules, simple and compound, of vulgar fractions and of decimals; and the mathematics include Euclid, Books I. and II. or the subjects thereof, and algebra to simple equations inclusive. Candidates will also be required to translate a passage from the second book of Cæsar's Commentaries, "De Bello Gallico." Papers will also be set on the following six subjects; and each candidate will be required to offer himself for Examination on one subject at least, at his option; but no candidate will be allowed to offer himself for Examination on more than four subjects: 1. Translation of a passage from the first Book of the Anabasis of 2. Translation of a passage from X. B. Saintine's "Picciola." Besides these translations into English, the candidate will be required to answer questions on the grammar of each subject, whether compulsory or optional. 4. Mechanics. The questions will be chiefly of an elementary character. 5. Chemistry. The questions will be on the elementary facts of chemistry. 6. Botany and Zoology. The questions will be on the classification of plants and animals. The quality of the handwriting and the spelling will be taken into account. A candidate in order to qualify himself for the Fellowship is required, in addition to the ordinary subjects, to pass in Greek, French or German, and in one, at his option, of the remaining subjects in Part II. Preliminary Examination for the Bar. The Preliminary Examinations for the Bar are usually held every Saturday during each legal term, and once in the week next preceding each legal term. By the Consolidated Regulations of the Four Inns of Court, it is provided that no Examiner shall attend unless two clear days' notice prior to the day appointed for his attendance shall have been given to the secretary of the Board of Examiners, by at least one candidate, of an intention to present himself on that day for Examination. The subjects of Examination are-(a) The English language; (b) The Latin language; and (c) English history. No Latin works are named by the Examiners in which candidates will be examined-hence it is necessary that they should be tolerably well acquainted with the Latin language. Candidates are, however, usually required to translate passages from the works of Sallust, Cicero, Virgil, Horace, &c. CHAPTER II. THE AMALGAMATION OF THE TWO BRANCHES OF THE PROFESSION. THIS subject has been frequently ventilated in most of the legal journals, and its smouldering embers are continually flaming out anew; but notwithstanding a deal has been written on the subject, we think it will admit of further discussion,-especially as the arguments already adduced are by no means clear and convincing. Perhaps the wiser plan would be to allow it to die a natural death; but then that would be treating its advocates with contempt-advocates who, though probably entertaining erroneous views, justly command, on account of their conscientiousness, reputation, and ability, the respect of their professional brethren. It appears to us that the gentlemen who have ventured to give their opinion on the subject have not a very comprehensive idea of the leading points to be discussed, so as to enable them to arrive at a satisfactory conclusion. A member of parliament, when speaking on the question of the abolition of the income tax lately, said that when a man wishes to demolish one institution he should be prepared with a scheme for the establishment of another more suited to the requirements of the age! So with the question of amalgamation; even if some of the arguments are slightly convincing, we have failed to learn from them how the scheme may be carried out in an effectual manner. We are relieved of the onerous and difficult task of suggesting a scheme, inasmuch as we cannot bring ourselves to believe that any radical alteration of the existing positions of the two branches of the profession would be of any practical benefit to their members and to the public-hence, as we are acting on the defensive, we have no reason to trouble ourselves on this point, though if we felt that we were among the minority, we might be constrained to make some concessions. Now, with every consideration for those gentlemen who have taken an active part in the discussion, we submit that in all arguments of this nature it is absolutely necessary that every point shadowed forth should be examined most minutely. We do not, however, propose to deal with the subject in this manner, simply because we have not the space at our command, and, secondly, because we intend to direct attention rather to the education of students than the practical working of the respective branches of the profession. Though an experienced solicitor may give his opinion on the more practical part of the question, and show that in this respect the two branches might be effectually amalgamated, we think there are many apparently minor, though, indeed, more important, points worthy of our careful consideration. It is useless to dwell on the fringes of a case -as an experienced advocate would say;-let us trace the early career of the articled clerk and the member of an Inn of Court respectively; let us test the extent of their education, ability, and the experience acquired during the periods anterior to their being duly qualified to practise. Perhaps we need not attach much importance to the question of ability, for as it is a natural endowment, men have a right to deal with it as they may think best. Let us ascertain, if we can, in a general way, the ideas that very often pervade the minds of students when about to study for the Bar or to become attorneys. We now intend to state our experience on the subject, and we feel certain that it will not be considered presumption on our part when we say that, perhaps, few men are so well acquainted with the habits and inclinations of both classes of students as we are, for we have prepared the aspiring barrister as well as the aspiring solicitor; indeed, many of our pupils are members of the Inns of Court, and others are now in the walk of life! Well, the aspiring solicitor, when he is allowed to make his own choice, invariably says, "I do not wish to study a day longer than is absolutely necessary to enable me to pass my examinations. I do not aspire to a high position, and I have neither the inclination to study nor the ability to go to the Bar. I would prefer spending my time in a practice in which I am not so easily exposed to public opinion; and, above all, I do not wish to remain at school or the university until I am twenty or twenty-one years of age." But the aspiring barrister says, "I do not object to study, especially if I can by that means attain a high position." By the way, we may remark that, perhaps, there is no class of men who are more sanguine than barristers. They go to the Bar hoping to fill some of the most lucrative and distinguished positions and to be heavily burthened with briefs; but as time rolls on, and they have fewer briefs than they had even at first (for, perhaps, some kind friends, on whose patronage they depended, gave them a start), their hopes gradually fade away. Though we have departed slightly from the actual question, such are the ideas usually entertained by the respective aspirants for legal distinction. Now let us compare their respective educational qualifications. We must ask our readers to kindly bear in mind that we are speaking in a general way. The articled clerk, as a rule, starts with an ordinary education, whereas the student for the Bar is very liberally educated. When the respective Preliminary Examinations have been passed (but let it be remembered that the majority of the Bar students are exempted from passing the preliminary, because of their having passed a more difficult ordeal), the aspiring barrister enters an Inn of Court, and the aspiring solicitor is articled. The former has at all events, at the present day, something more to do than keep his terms. He has to study almost every branch of law, viz., Roman, Indian, and English law, and if he thinks fit he has the opportunity of attending the courts with his tutor, who, being as a rule a very learned junior, has to work up the law of the causes in which he is retained. The Final Examination for the Bar embraces many abstruse subjects, and is certainly more difficult than that for solicitors. The articled clerk, on the other hand, merely spends five years in a solicitor's office. During this time he has to pass two legal examinations, viz., an Intermediate and a Final. He rarely studies more than is necessary to enable him to pass his examinations, the preparation for which is deferred until within a few months, sometimes weeks, of his examinations. The disposition on the part of the Bar student is to study diligently, while that on the part of the articled clerk is to evade study as much as possible. We of course make due allowance for the many exceptions to the rule. Many youths are desirous of being launched into the arena of business life as soon as possible-hence they select the profession of a solicitor; but we need only refer to some of our most eminent judges, who were not called to the Bar till they were considerably over twenty years of age. They wisely preferred to study a few years longer, and thus have the chance of being patronized soon after they were called, than to spend five or six years as briefless barristers. If we believed that the general opinion of the profession were in favour |