Page images
PDF
EPUB

at the complete and elaborate character of the modern Reports; considering of what importance it is, that those cases which are to be our guides for future emergencies should be as perfect and as ample as possible. Who is not delighted at discovering in the Reports a full statement of the pleadings and evidence of a case which thereby affords him a clew to find his way out of the perplexities of the one he is considering;-which is so decisive, both in point of reasoning and decision, as to satisfy the most captious and bigoted? How much litigation might have been spared, had the grounds of particular decisions been more distinctly stated!—It is true that there is a fearful disparity in point of size between Croke, Strange, Douglas, or Cowper, and Barnewell and Alderson, Cresswell, Adolphus, Ellis, Bingham, and their contemporaries-between Peere Williams and Vesey, jun.; but it should, at the same time, be remembered, that the transactions which now lead to litigation, especially those of a commercial kind, are themselves of a very complicated, novel, and difficult character, and scarcely susceptible of the compression of former times. It should also be borne in mind that the Reports of the present day are published, not as heretofore, often after a long interval, during which important particulars were forgotten, but almost immediately after each term, while the reporter's recollection of facts and arguments is fresh and distinct; and while the law, moreover, is in an extremely unsettled state. The unhappy competition at present existing between the reporters, is doubtless also a reason why each inserts more than he otherwise would, for fear of being accused of meagreness and imperfection.-No one, however, can read our current Reports without acknowledging the learning

and accuracy with which the majority of them are prepared. Were they more numerous even than they are, a good Digest would always enable one readily to find what one wanted; and if we tremble for our successors, on contemplating the prodigious accumulations of a few years-say twenty or thirty-with which they may be overwhelmed, we may be relieved by the assurance that a whole series of Reports, if of inconvenient bulk, may,— having assisted in establishing the law on such a sure and solid basis as will exclude the necessity for such copious Reports as are requisite while a new system is in process of rapid development,-be easily and advantageously abridged, perhaps by authority, and so brought within a reasonable compass.

SECTION IX.

CONDUCT IN CHAMBERS.

MUCH of the student's early career will be influenced by his conduct in chambers-by the habits and character there formed and acquired. It is, therefore, of importance that he should conduct himself there with discretion.

If he select a pleader who has one or two other pupils, he should by all means encourage the discussion of legal questions with them-an invaluable auxiliary, if it be not pushed to excess so as to interfere with private study, or attention to business, and do not engender a noisy, captious, disputatious humour, which is, of all things, to be shunned. If the student be fortunate in his companions—that is, if they prove steady and industrious—he will derive the utmost benefit from their co-operation.

Let him attend carefully to the business which may be, in due time, and when he shall have become moderately prepared for it, put into his hands; and on no pretence suffer himself to fall into habits of haste and inattention. Whatever is put into his hands, let him set about instantly and heartily. He must not obstinately attempt to master it without assistance, by poring over it till his patience is exhausted, his mind confused, and himself disheartened. After reasonable effort of his own, let him go at once to his pleader, and ask for assistance. Let him not, however, go to the other extreme, and run to ask questions at every little difficulty which he may encounter, without having given himself time to think on it. What is he to do hereafter, in the emergencies of actual business-what will become of his faculties, if every opportunity of exercising them is to be thus shirked? The student must never lose sight of the necessity of cultivating a spirit of self-reliance. In a year or two he will be called upon to transact business upon his own accounthis own unaided responsibility-when he will have no tutor to run to, but will be in the presence of his eager and anxious client-or the critical and watchful Bench and Bar. Let him keep this consideration ever in view; let him imagine himself engaged upon his own account, remembering that the clients whom he may hereafter obtain, will, in a very short time, commit themselvestheir characters and properties, and those of their clients -to his management. Considerations of this kind will prove a salutary stimulus to exertion. Sweet, too, is the contemplation of that difficulty which has been fairly mastered by a man's own efforts!-Whether, therefore, it be a "case" or a pleading, that puzzles him, let the

student work it well; look at the facts in every way; call in aid PRINCIPLES:-then turn to his digests; cast about in his mind: and if, after all, compelled to call in the assistance of his pleader, let him put his questions well to him. Before he goes, let him arrange, in his own mind, what is the precise difficulty he wishes solved; and let that be put briefly and succinctly. Let it be framed in as abstract terms as possible. Let not the tutor be teased with a tiresome bungling recital of circumstances -or even forced, possibly, to read over the whole case, in order to ascertain for his pupil the particular difficulty -except, of course, in cases where that consists wholly in the very combination of the circumstances themselves. The case, for instance, may be of this kind. A tenant, being in arrear with a quarter's rent, applied to his landlord for time to pay it: and, after a good deal of negotiation, in the course of which another quarter elapsed, the landlord agreed to take a promissory note for all the rent due, and it was accordingly given. Not being paid when due, the landlord distrained, and the tenant is now anxious to know whether his landlord had a right to distrain for the rent in respect of which he had taken the promissory note, instead of pursuing his remedy on the security which he had agreed to take.-Possibly the pleader has to hear the whole case-mixed up with much irrelevant matter-stated, or, at most, an imperfect epitome, which makes it necessary for him to cast his eye over the statement. How much better, now, would it be to answer the question, "Well, what's the matter now?" with something which would show that a little reflection had been exercised, as-" Pray, can a landlord distrain for rent in respect of which he has taken a bill or note, if it be dis

honoured?"-Et de sic similibus. Few things indicate more readily and decisively than this, the knowledge and capacities of pupils. When a question has been thus distinctly put, let the student take care to understand distinctly the answer. Do not run off "like a hasty servant, that goes away posting without his errand ”—with only half an answer, or none at all-but understand precisely the solution which has been given of the difficulty. Rather than go away without it, put the pleader—if not at the time engaged with business-to the trouble of repeating it even more than once. It is advisable, also, for the pupil to copy into a note-book the more important opinions given by his tutor, prefixing to them a brief summary of the facts of the case-and to make a point of frequently reading them over, and referring to the authorities cited. Merely copying them out, and never again referring to them, is an utter waste of time.-The same observation applies to pleadings.

Let us earnestly impress one practical hint upon the young pupil in a pleader's chambers: to avoid the folly into which many fall, of ambitiously addressing themselves principally, or exclusively, to the more difficult and 'special' kind of business in chambers. Let him for a long time seize with avidity the apparently humbler, but infinitely more valuable class of papers, which constitute the ordinary run of business; and acquire a thorough knowledge of the structure of the common counts-particularly in Debt and Assumpsit-and the pleas of most usual occurrences, particularly noting the facts to which they are applicable,

He can. The mere receipt of such an instrument does not suspend the right of distraining. Davis v. Gyde, 2 Ad. & Ell. 623, Note. This case (p. 627) is, by the way, an instance of the late Mr. Justice Littledale's apt citation of Comyn's Digest, as mentioned in a former case.

« PreviousContinue »