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DATE DUE 
 
 miNTeOINM-S-A. 
 
 OlnrnpU Cam Btl^oal Bltbrarg 
 
MOSELY'S 
 
 SECOND EBITIOK. 
 
Cornell University 
 Library 
 
 The original of tliis book is in 
 tine Cornell University Library. 
 
 There are no known copyright restrictions in 
 the United States on the use of the text. 
 
 http://www.archive.org/details/cu31924070153626 
 
A 
 
 PRACTICAL HANDYBOOK 
 
 OP 
 
 ELEMENT AEY LAW: 
 
 IBcstpeD for tjc use of Article)) @l«rlts: 
 
 A COURSE OF STUDT, AND HINTS ON BEADING, FOR 
 THE INTERMEDIATE AND FINAL EXAMINATIOlSfS. 
 
 By M. S. MDSELY, 
 
 Solicitor ; Clifford' s-Inn Prizeman, M. T. 1867. 
 
 3£tmii €Mxaxx, 
 EDWARD HENSLOWE BEDFORD, 
 
 9, king's bench WAiK, TEatPLB. 
 
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(BEDICATION OF THE FIEST EDITION.) 
 
 TO 
 
 JACOB WALEY, Esq., M.A. 
 
 ONE OF THE EDIT0E3 OP " DATTDSOn'S OONVETAITOING," 
 ETC., ETC., 
 
 THE POLLOWnsa PAGES 
 
 AEE EESPECTEHLLY DEDICATED, 
 
 AS A SLIGHT TEIBTJTE OF ADJURATION 
 
 OE HIS HIGH ABILITIES AS A SCHOLAR ASTD A LAWYBE, 
 
 BY HIS OBLIGED AUD OBEDIENT SERVANT 
 
 THE AUTHOR. 
 
( vii ) 
 
 PREFACE 
 
 TO THE SECOND EDITION. 
 
 In the present Edition I have re-written some portions, 
 where the changes efEeeted by the Judicature Acts have 
 necessitated important alterations, or where my own 
 views have not coincided with those of the late Author ; 
 and I have added the names of such works as my 
 experience of nearly fourteen years as a coach has taught 
 me are most useful to students. With the ahove ex- 
 ceptions, I have, as far as possihle, retained the original 
 matter, and where not wholly inconsistent with the new 
 Acts and Rules, I have allowed much mention of the old 
 practice to remain, for the simple reason that it explains 
 and shows the necessity for the alteration effected by 
 the new. Moreover, it must be borne in mind that 
 the examiners ask, in some instances, the candidate to 
 point out the most striking differences, particularly 
 as regards Ejectment, and I trust that I may not by 
 this means have rendered my work confusing to my 
 
van PREFACE TO SECOND EDITION. 
 
 readers. I would only add, that it is my intention, 
 if called upon to edit a future Edition, to eliminate all 
 old matter, as the working under the Judicature Acts 
 will then probahly he sufficiently advanced to admit of 
 such a course being adopted. 
 
 E, H. BEDFORD. 
 
 9, Kma's Bench Waik, Temple, 
 August, 1878. 
 
( i^ ) 
 
 PEEFACE 
 
 TO THE FIRST EDITION. 
 
 A FEW words of apology and explanation are due to the 
 reader as to one or two points in wHeli tMs little took will 
 be found to depart from the aipproved standard of works 
 written for the Profession. In particular the fandliarity 
 of the language and method of illustration therein em- 
 ployed may appear, at the first glance, unsuited to a book 
 intended for students of law. But I would ask those who 
 therefore take exception to this " handybook" whether all 
 other sciences than Law are not in these days of "popu- 
 larized science" taught, in their rudiments at least, in some 
 such homely form as that here adopted ? and whether the 
 experience of modern times has not shown that this method 
 — ^be the subject chosen logic, natural history, or what 
 not — works at all events as well in practice as the more 
 stilted, if more dignified, mode of instruction formerly 
 pursued? It is because I cannot recognize in the subject- 
 matter of Law any peculiarity which should exempt it from 
 this general rule, that I have attempted to approach the 
 elements of legal knowledge in somewhat the same spirit 
 as that in which the elements of other sciences are now 
 approached by those who write on them for the behoof of 
 beginners. 
 
 A second point, apparently amenable to censure, is the 
 disproportionate length of the earlier chapters of this book 
 
X PEErACE TO PIBST EDITION. 
 
 when compared with those that follow. My explanation 
 of this is, that I have assumed the reader to come to their 
 perusal entirely innocent of aU legal knowledge whatever, 
 and have therefore attempted to explain some of the points 
 presenting themselves at the first outset with what may 
 appear, to more advanced students, somewhat wearisome 
 prolixity. If this is a fault, I at least share it with far 
 abler and better teachers in the different paths of learning. 
 
 PinaUy, it may be objected that there is in the following 
 pages too much allusion to the personnel of the author. To 
 this charge of intentional egotism I must plead not gmliy: 
 inasmuch as everything written down in this book has been 
 derived directly from personal experience, some such effect 
 was perhaps inevitable. At any rate — and although these 
 pages may be as full of I's as a peacock's taU — ^the offence, 
 if it exists, is one easily to be resented by the reader, 
 who may accept the matter, whilst utterly condemning the 
 manner in which it is sought to be conveyed to him. 
 
 These faults notwithstanding, I am not without hope 
 that the book may be found useful to the class for whom 
 I design it, and of whom I was so recently one. 
 
 M. S. MOSELY. 
 
 Beisiol, 
 Fei. 1st, 1868. 
 
( ^ ) 
 
 CONTENTS. 
 
 PAOE 
 
 Pbeface 10 THE Second Edition vii 
 
 Peefaoe to the Fiest Edition . . . . . . . . . . ix 
 
 Intboductoey Eemaeks 1 
 
 CHAPTEE I.— The Fiest Yeae. 
 
 Introduction to the Office — ^Wlat may be learned by copying a 
 Draft — Explanation of technical Terms — ^The Profession and 
 its Sub -divisions — Conveyancing; Equity; Common Law; 
 Bankruptcy — Office Work and Office Routine . . ., .. 11 
 
 Course of Beading for the Eirst Year — ^Lord St. 
 Leonards' Sandyboolc — Stephen's Blackstone — ^Williams' Seal 
 Froperty — Practical Hints on Reading — System of Self-Ex- 
 amination . . . . . . . . . . . . . . . . 63 
 
 CHAPTER II.— The Secohd Yeae. 
 
 Practical View of the ordinary routine of Conveyancing — ^The 
 investigation of Titles — Purchases — Leases — Securities — 
 
 Settlements— Wills 74 
 
 Course of Reading for the Second Year — Chitty on Con- 
 tracts, WiUiains' Fersonal Froperty — ^The Statute Law — 
 General Analysis of the Statutes, preUminary to their 
 study . . . . . . . . . . . . . . . . 114 
 
 CHAPTER m.— The Thied Yeae. 
 
 Different kinds of Actions in the Common Law Divisions — Sug- 
 gestions for acquiring a knowledge of the details of Practice 
 — ^Nisi Prius business — The Brief and its preparation — Mar- 
 shalling the Evidence — General Rules of Evidence — A short 
 practical View of the ordinary steps in different descriptions 
 
 of Actions, with examples . . ' 121 
 
 Course of Reading for the Third Year — ^The Inter- 
 mediate Examination — ^Points to be attended to in reading 
 
Xll CONTEiraS. 
 
 PAGE 
 for it— Chitty's Contracts and 'WiUiams' Seal Property— 
 Smith's Outlines of Equity — Hinta on answering the Ex- 
 amination Paper — Smith's Action at Law — ^The Statute Law 
 (continued) . . . . . . . . • • • • • . • • 153 
 
 OHAPTEE rV.— The Fotjeth Yeab. 
 
 The County Courts — Method of acquiring a knowledge of 
 
 Practice — Hints on Advocacy . . 179 
 
 Course of Keading for the Fourth Tear-i— Smith's Action 
 at Law (continued) — Haynes' Outlines of Equity — Hunter's 
 Suit in Equity — Powell on Evidence — Sugden's Vendors and 
 purchasers — Stephen's 5?a<;is<o«e (vols. iii. and iv.) — Chitty on 
 Contracts (second chapter) — The Statute Law (continued) . . 190 
 
 CHAPTEE v.— The Last Yeae. 
 
 Assignment of Articles — The Town-agent's Office — London 
 professional life— The Courts — Pleading and Practice — 
 Attendance at Chambers — Points to be specially noted . . 202 
 
 Course of Reading for the Kfth Tear — Ayckboum's 
 Chancery Practice — Watldn Williams on Pleading — Smith, and 
 White and Tudor' s Leading Cases — The Statute Law (con- 
 cluded) 231 
 
 CHAPTEE YI.— The Pinal Examotation. 
 
 Practical Suggestions on Eeading for the Examination — The 
 Examiners' Standard — "Coaches;" their -advantages and 
 disadvantages — Eeading for Honours — Routine of the Ex- 
 amination — ^Admission — Concluding Remarks . . . . 238 
 
 Appendix. — List of Standard Books on Special Subjects. . . . 259 
 
INTEODUCTOET EEMAEKS. 
 
 I sHAiiL assume in tlie first chapter of this hook that — ^with 
 the assistance of "Bedford's Preliminary Digest," "The 
 Guide to Latin Grammar," and " Bedford's Preliminary 
 Papers," containing the questions and answers of the 
 Exa m inations* — you have successfully passed your pre- 
 liminary examination. It does not come within my present 
 purpose to give you any instruction concerning this, the 
 first of the three " sif tings " which every articled clerk has 
 now to undergo before he can aspire to the practice of 
 the profession. Moreover, the preliminary examination 
 being an inquiry into the educational not the professional, 
 fitness of the candidate ; and this purportrag to be simply 
 a handy-book for " embryo lawyers," it is obvious that 
 any observations upon so wide and general a subject as 
 that of scholastic education would be out of place here. 
 ' But yet I would say a few words (on this, our first 
 introduction to each other) to you who are as yet un- 
 learned in case or statute law, fresh come to the pro- 
 fession from school, and with five years, or more, of 
 legal labour before you. And first, as regards yourself, 
 personally. The calling upon which you are now. enter- 
 ing^ does not demand fools for its acolytes : Chancery 
 Lane can hardly be regarded as a refuge for the 
 
 * These works are published by Messrs. Stevens & Sons, 119, 
 Chancery Lane, .E. C. Can be obtained of Messrs. Butterworth, 
 Fleet Street. 
 
 E. B 
 
Z INTEODUCTOET BEMAEKS. 
 
 imbecile ; and there are, I sliould conceive, few fathers 
 ■who would think of putting the " dull one " of the 
 family into a profession which calls for such con- 
 tinuous mental exertion as that of a solicitor. I may, 
 therefore, safely assimie that your intellect is of average 
 power, and your perceptive faculties sufficiently acute. 
 If it should happen that you are internally conscious of 
 any deficiency of " moms," I should advise you at once 
 (and notwithstanding you may have triumphantly passed 
 the somewhat inconclusive test of a preliminary examina- 
 tion) to abandon your purpose of entering the ranks of the 
 profession. There are "fresh woods and pastures new" 
 enough in aU conscience ; and by relinquishing an occupa- 
 tion to which you axe personally unsuited, you will save 
 your friends many hundreds of pounds, and yourself much 
 defeat and humiliation — ^not to mention eight or ten of the 
 best years of your life. 
 
 But assuming, on the other hand, that you are convinced 
 as to your own capacity and willingness for work of a 
 somewhat dry and uninviting description to the beginner, 
 it will be necessary to offer you some brief general sug- 
 gestions (before entering upon any specific details) as to 
 the plan of study you, as an articled clerk, should pursue. 
 And, in the first place, I would impress upon you the 
 absolute necessity for thoroughness in your work.* Law, 
 of aU studies, perhaps the most imperatively taxes the 
 application of its students. Natural parts of the highest 
 order, combined with even a large amount of desultory 
 reading, will never make a man an ordinarily good lawyer. 
 Great perseverance, and a fixed method, are primary essen- 
 tials for him who would master the science of law. But 
 these are not all that are requisite. Wit, fancy, imagi- 
 
 * Upon this subject the student cannot possibly do better tban read 
 the masterly address deUvered by Mr. Thomas Cailyle at Edinburgh 
 University in the year 1866. 
 
IHTEODTJCTOET EEMAEKS. 3 
 
 nation — ^ihese, indeed, are scarcely wanted in the lower 
 branch of the profession of law, which calls in its exercise 
 for no impassioned oratory, no appeals to the feelings, no 
 pathos, and no poetry. But for a certain amount of 
 originality — or, as some would call it character, — there is 
 a need : without any share of this you would become a 
 mere stickler for forms and precedents as forms and pre- 
 cedents only ; an exerciser of the Art, but not a knower of 
 the Science of law, — ^which would be a bad thing for 
 yourself, and a worse for your clients. But, then, this 
 quality of originality is required only for the sate of 
 directing, not of ruling you. For instance, it,woidd be the 
 reverse of laudable if you were to take up any student's 
 first book (the present one not excepted), setting up a 
 regular day-by-day course of reading, and then literally 
 follow up that course without change or modification or 
 regard of circumstances. It is here originality should direct 
 your studies. Exempli gratia : suppose on a certain day 
 your book-teafiher leads you, in regular course, to the 
 subject of the law as between landlord and tenant, and on 
 that very day you have had to copy out for your principal* 
 a somewhat unusual and complicated Deed of Partnership, 
 containing clauses as to iavestment of capital, settlement of 
 accounts, &c., which (with your slender knowledge of the 
 law of partnership) you are at a loss to understand. Now 
 is your time, with these clauses stiU fresh in your memory, 
 to turn to, and master the elements of this particular 
 subject. Heading never impresses itself so strongly on the 
 mind as when the subject-matter itself has been recently 
 before one in a practical form. The law of landlord and' 
 tenant (in such a case as this) will keep a day or two. ■ At 
 
 * I hope you ■will not be foolish enough to object to copying drafts 
 — ^to a moderate extent at all events^-in your principal's office. Tou 
 do not know how much knowledge is gained by this simple, mechanical 
 process of copying. 
 
 B 2 
 
rNTEODUCTORY EEMAEK3. 
 
 the same time you must not aUow yourself to be diverted 
 from your course, unless with some real and substantial 
 reason. You must depend upon your own discrimination 
 to inform you when it is best to adhere to, and when to 
 depart from, the settled route. Some little originality and 
 independence of idea are necessary for this. 
 
 I would further urge upon you the necessity, throughout 
 the entire period of your novitiate, of frequently-repeated 
 seK-examination. In the body of this book you will find a 
 few hints as to keeping a professional note, or common- 
 j)lace, book, which I hope may prove useful. This boot 
 should contain your impressions of the general substance 
 of eveiy chapter of every treatise that you may read, com- 
 piled from "rough notes" taken immediately after its 
 first perusal. You should occasionally sit yourseK down 
 with this book before you, and write upon loose sheets of 
 paper a more amplified exposition of the particulajf subject 
 treated upon in these notes (the heads being suggested by 
 the entries in your common-place book, and the details 
 being filled in from your own recollection of the text-book) ; 
 then, referring again to the latter, correct and modify the 
 paper you have written out in the manner suggested. This 
 may seem an obvious and simple plan enough. I can only 
 say that I should have saved myself, when an articled 
 clerk, a considerable amount of labour had I followed it 
 from the commencement of my reading.* 
 
 In addressing you as a learner in the following pages, 
 I must, of necessity, labour under one great disadvantage, 
 inasmuch as I am ignorant as to what particular branch 
 of the profession you, individually, intend to apply youi-- 
 self . There is, of course, a large distraction between the 
 several courses of study necessary to make (for instance) 
 a commercial and an ecclesiastical lawyer, respectively. 
 
 * I can indorse this most fully (Editor's note). 
 
DfTEODUCTOIlY BEMAKKS. 5 
 
 Whilst, to the former, an intimate accLuaintance with the 
 laws of shipping, of carriers, and of hankruptcy, in all 
 their ramifications, is ahsolutely necessary, the latter -will 
 require to be somewhat deeply versed in matters of Chnrch 
 discipline, and to be familiar with tithe law, and with 
 constitutional history (necessary to explain the present 
 state of ecclesiastical jurisprudence) — subjects with which 
 the commercial lawyer can have little to do in his every- 
 day practice. I am, therefore, compelled, by the nature 
 of my task, to direct your attention only to those great, 
 broad divisions of the law, with which every professional 
 man — ^be he a commercial, an ecclesiastical, municipal^ 
 equity, criminal, or real property lawyer — ought to be 
 thoroughly acquainted. Besides the course hereafter laid 
 down, you will, therefore, find it necessary, perhaps, to 
 read up for yourself, unhelped by me, one or more special 
 subjects ; and I have, accordingly, been forced to content 
 myself with supplying you here with an appendix, con- 
 taining the titles of works upon such subjects as military, 
 municipal, and ecclesiastical law (subjects which hardly 
 call for much attention at the hands of the ordinary run of 
 articled clerks), arranged in a manner which I trust will 
 spare you some little trouble in selection. But what I 
 wish, particularly, to impress upon you now is, that what- 
 ever special branch of the profession you may hereafter 
 adopt, there is one great legal subject with which you 
 ehould in any event be well acquainted ; I allude to real 
 property law. You may, so far as I can teU, be destined, 
 from the day you enter the profession, to practise some 
 one branch of it to the exclusion of all others. It may be 
 that you are articled in the office of the registrar to some 
 diocese, or in that of the solicitor to some municipal or 
 trade corporation; and that you wOl, in due course of 
 events, succeed to a practice of a similar nature. "Well, 
 even in this case you will find an intimate and thorough 
 
6 INTEODTJCTOEY EEMAEKS. 
 
 knowledge of the law of real property of most essential 
 service to you throughout your professional career. Eeal 
 property law was the subject to which the attention of our 
 lawyers was earliest directed at the time when law first 
 resolved itself into a science in this country, and during 
 the eight or nine centuries which have elapsed since its 
 foundations were sunk, the structure has arrived at a 
 grandeur of proportion and a studied perfection of detail 
 far surpassing those of any other portion of our national 
 jurisprudence. Our bankruptcy law is confessedly bad 
 — constantly shifting, and in many ways unsatisfactory ;* 
 the ancient machinery of our common law courts was, a 
 few years siace, found to be so cumbersome and inefficient, 
 that the whole system had to be rooted up by legislative 
 enactment, whilst even now many consider that there is 
 ample room for improvement.! But upon the merits of 
 that branch of our law known as Conveyancing — ^ihe 
 doctrines of which are expounded principally in the 
 Chancery Division of the High Court — there has never 
 been any difference of opinion amongst competent judges ; 
 and, saving only the great improvements engrafted upon 
 the system nearly fifty years since, on the recommendation 
 of the Eeal Property Law Commissioners (a subject which 
 you will find handled in Mr. Joshua Williams' un- 
 approachable book), the present state of this branch of 
 the law differs but slightly from that which subsisted 
 several generations since — stability, it must be remem- 
 bered, being an admitted sign of strength. But it is not 
 only because it is a most comprehensive and beautiful 
 system, and the pride and boast of every English lawyer, 
 that I would direct a large and especial share of your 
 
 * Notwithstanding the Act of 1 869 and the Rules, experience teaches 
 me reform is still greatly needed (Editor's note). 
 
 t The working of the Judicature Acts is too recent to give anv 
 decided opinion upon it at present (Editor s note). 
 
DfTEODUCTOEY EEMAEKS. 7 
 
 attention to the doctrines of real property law, but because 
 the study of these doctrines is a most orderly and logical 
 training to the mind ; because, when you have once com- 
 prehended the intricate, subtle, but harmonious system of 
 Conveyancing, you will find no legal difficulty too great 
 for you — ^no point in case or statute law too involved or 
 too minute to be apprehended ; because, in fine, a know- 
 ledge of this branch will open to you the doors of all 
 legal knowledge. It is for these reasons that I would so 
 strongly urge upon you, a young, and, therefore, im- 
 pressionable begLoner, the great advisability of making 
 yourself, so far as may be, a master of its principles and 
 practice. 
 
 You will, probably, come into your office with very 
 vague notions as to the. general scope and objects of 
 English law. The subj ect is one not likely to have specially 
 commended itself to your mind when at school ; and, 
 although few owners of property, and few mercantile men, 
 will be found in this country without some smattering 
 (sutor ne ultra crepidamj of law, derived from personal 
 experiences, still even this smattering is only picked up at 
 a comparatively advanced period of Hfe. This complete 
 ignorance of yours is, however, far from being to your 
 disadvantage. It is easier to write upon a perfectly blank 
 and white surface than upon one on which are confusedly 
 visible half-erased impressions. Before you settle down 
 upon any course of professional reading it will be necessary 
 for you to understand what the practice of the law really 
 is ; to dissociate, in your own mind, the several functions 
 of the conveyancer, the advocate, the pleader (technically 
 BO called), the attorney, and the solicitor.* Further, it 
 
 * By tlie Judicature Act the obj eotionable term attorney is abolished, 
 as also the distiaction between law and equity ; vide Judicature Act, 
 1873, ss. 86, 24 and 25, subsect. 11. See also Bedford's "Guide to 
 the Judicature Acts," published by Messrs. Butterworth, Fleet 
 Street (Editor's note). 
 
8 INTBODUCTOBY KEMAEKS. 
 
 -wiU be necessary for you to regard and comprehend tlie 
 original distraction between law and equity, as formerly 
 administered in the different courts— a distinction which 
 was one of the most striking peculiarities of our national 
 jurisprudence. I am sorry that I am unable to recom- 
 mend you any short and elementary book treating of these 
 and other preliminary points : I am not aware that any- 
 thing of the kind has been written. In the first chapter 
 of this book a very brief explanation of these mysteries 
 is attempted; but I cannot flatter myself that I have 
 altogether succeeded in thus conveying a subject of so 
 technical and yet so elementary a character. You cannot, 
 however, too soon familiarise yourself with the subdivision 
 of the law into the three great branches of equity, 
 common law, and real property_ law, — ^the latter of which 
 enters iuto and partakes of both the former. 
 
 One other thing I wish to call your attention to — ^the 
 importance of being satisfied with a slow and almost im- 
 perceptible progress in your early studies. Do not be 
 disconcerted if, after a month or six weeks' hard reading 
 of the first chapters of Mr. Williams' treatise on Heal 
 Property Law, you are unable to define with any accuracy 
 the distinction between a springing use and a contingent 
 remainder, or if your notions of the difference between a 
 tenant for bfe and a tenant in tail are somewhat confused: 
 you wiU. not have been the first student by a gTeat many 
 who has been thus temporarily discomfited. Pursue the 
 system of seK-examination without regarding the fact 
 that your own ignorance is thereby revealed to yourself. 
 You will inf aUibly find that repeated perusal and repeated 
 annotation wOl fix the refractory doctrines thoroughly in 
 your mind ; and, still better, that each successive victory 
 over an apparently incomprehensible theory wiU render 
 the conquest of the next both easier and quicker. 
 
 "With these few prefatory observations, I propose, in 
 
INTEODrCTORY REMARKS. 9 
 
 the following chapters, to enter with you upon your state 
 of pupilage ; to set foot, side by side with you, upon the 
 threshold of that great edifice of legal knoVledge which 
 you will have to penetrate, and, from time to time, to warn 
 you, from my own past experience, of some of the pitfaUs 
 which beset the way of every articled clerk. It will be my 
 duty to offer some little practical advice as to what, when, 
 and how you should read and in what manner you should 
 acquaint yourself with the practical details of the office. 
 The first step, in your case, does coxmt immensely. Upon 
 the start you now make, upon the views you now entertain, 
 depends, in a g^eat measure, your future professional 
 success. Having embraced a vocation which demands 
 certain acquirements in those who follow it, it should be 
 your care to acquaint yourself what these desiderata are, 
 and hew you are to attain them. Inasmuch as there is, 
 and can be, no royal road to learning, you wiU have to 
 work for yourself: all that I can hope to do, is to save 
 you some unnecessary labour and mortification during the 
 process, by pointing out, with (as it were) an index finger, 
 the path which is most calculated to lead you direct to your 
 object. That path may, at first, seem dusty and unin- 
 viting; few flowers bloom at the road side, — ^there are 
 none of the chirrupings and flutterings overhead, few of 
 the sweet sounds and sights of which poets write, and 
 which may (for aught I know to the contrary) be found in 
 other paths. But as you progress on your way, and leave 
 the milestones recording your ignorance gradually behind 
 you, you will find the prospect not without a brightness 
 and a charm of its own. To those who (each according to 
 his ability) " drink deep " at the fount of legal knowledge 
 there must be a certain pleasure in the practice of the law, 
 quite apart from that derived from heavy bUls of costs ; 
 and the annals of the profession abound with instances of 
 men who have been happy in its exercise, and have even 
 
 b5 
 
10 
 
 INTEODrrCTOEY EEMAEKS. 
 
 entertained tlie same passion for its study as Roger 
 Ascham tells us Hs royal pupil did for the Platonic 
 plulosopliy. This capacity for making of the profession 
 an object of attachment as ■well as a means of livelihood, 
 is a happy and, I hope, not a rare one. May it be yours ! 
 
( 11 ) 
 
 OHAPTEE L 
 
 THE FIEST TEAK. 
 
 PAET I.* 
 
 Introduction to the Office — What may be learned by copying a Draft 
 — ^Explanation of technical Terms — The Profession and its Sub- 
 divisions — Conveyancing; Equity; Common Law; Bankruptcy 
 — Office Work and Office Routine. 
 
 Yoxm Articles having been duly executed, registered, and 
 stamped according to law (to aU wHch your principal will 
 see), you will find yourself one morning in tlie office in 
 which, the next four years of your work-a-day life are to 
 be passed. The office of a practising solicitor is, generally 
 speaking, far from Sybaritic in its appointments; and 
 what will principally engage your attention, in the first 
 instance, wiU be the bundles of red-tape-tied papers lying 
 about on your principal's table, and the grim-looking 
 volumes — some of them not innocent of dust — on the 
 shelves of his book-case. With certain of these books 
 you may hereafter be called upon to make acquaintance ; 
 but I should advise you to refrain from dipping into their 
 contents prematurely on your own motion, as many of 
 them treat of obsolete and abolished law, whilst others, of 
 more recent date indeed, are yet quite unsuitable for your 
 perusal at this very early stage of your professional 
 career. 
 
 * Each of the following five chapters wiU be found divided into 
 two parts. The former will treat briefly of office work and actual 
 practice; the latter of reading. 
 
12 THE FIEST YEAE. 
 
 I wish here to say a word or two (and I shall not again 
 allude to the subject) as to the quantify and quality of 
 the assistance which you are likely to get at the hands of 
 your master. He has, probably, obtaiaed a considerable 
 premium with you, ^nd your friends and yourself (not 
 quite unnaturally, perhaps) may expect that ia return for 
 this he will carefully instruct you in the details of the 
 profession. With your recollections of Dr. Birch, LL.D., 
 still undimmed, it may be that you anticipate periodical 
 examinations and a general daily supervision of your 
 studies from the gentleman to whom you are articled. 
 This anticipation will not be fulfilled in the result ; and, 
 indeed, had your unsophisticated notions of the matter 
 been correct ones, there would have been no need or place 
 for this book at all. If, however, you only consider the 
 subject attentively, you will, in the end, perceive that 
 there is little room either for surprise or annoyance at the 
 comparative neglect which your j)rofessional education 
 will receive at the hands of your master. The truth is, 
 that his time will be occupied, as you will find hereafter, 
 in pursuits more immediately profitable to himself. This 
 state of thiugs, however undesirable, is quite inevitable, 
 and irremediable. The only class of men capable of 
 doing justice to articled clerks is that one which never 
 gets any articled clerks at all — I mean very young 
 solicitors, themselves stUl new and wai-m fi-om their own 
 final examinations. Parents, however, generally object 
 (and very properly, as I think) to puttiag their sons in 
 offices where they are likely to see but little business ; and 
 the consequence is, that youths are invariably articled to 
 men in the fuU swing of successful practice— men who, 
 the inclination admitted, have reaUy no time for attending 
 to their clerks'' instruction. It is because I know this to 
 be largely the case that I venture to think this little book 
 likely to be of some service to you in supplying, as far as 
 
THE FIRST TBAE. 13 
 
 may be, tlie place of your principal. I need hardly say, 
 however, that were these pages twenty-fold their number, 
 and a hundred-fold their merit, they could not, in the 
 nature of things, supersede the personal instruction of a 
 living, actual mentor ; and you will he very foolish and 
 very culpable if you do not fully avail yourself of whatever 
 occasional help your principal accords to you. Sometimes 
 a few words of explanation from him, spoken in answer to 
 your inquiries, will cast light upon some point of legal 
 difficulty which it would have taken Sugden or "Williams 
 themselves half-a-dozen pages, and as many hours, to jnake 
 clear. Accept, therefore, frankly whatever crumbs of 
 knowledge your principal may cast you ; but do not call 
 for impossibilities, nor expect a man immersed in his own 
 practice, and with all the daily cares and worries of business 
 upon him, to be, for four or five years, a willing and 
 indefatigable " coach " to you in your legal studies. 
 
 I well remember the first day I spent in an office, and 
 the first task which fell to my lot there. It was not in 
 itself a very trying one, and as it may very likely be your 
 own earliest experience, as it was mine, I may as well 
 begin with it here. It was simply the fair copyiag a draft. 
 Now, you may, very possibly, in your own mind think 
 copying work a little below your dignity as an articled 
 clerk; and it must be admitted that some few solicitors 
 (not many, I am glad to beKeve) are too much in the habit 
 of using their articled clerks as mere copying-machines, 
 oblivious of the fact that they are young gentlemen who, 
 for a pecuniary consideration, are in their offices for the 
 piirpose of learning the profession they themselves 
 practise. Still, I should recommend you, for your own 
 sake — even if you happen to find yourself under a some- 
 what unconscionable task-master — ^to comply with his 
 wishes to a moderate extent. At aU events, thejlrsf year 
 of your articles is not the time to kick against the pricks. 
 
14 THE FIEST TEAK. 
 
 inasmuch as these "early days" could not possibly be 
 employed in the office with more benefit to yourself than 
 in copying drafts. I assure you that, easy as the process 
 seems and is, and altogether below your (doubtless) great 
 abilities, yet that a youngster with his wits about him may 
 pick up a good deal of useful knowledge from copying and 
 examining the engrossment of deeds. First, you wiE 
 " take stock " of your draft, — examine its external ap- 
 pearance ; will notice that it is written on one side of the 
 paper only, in order to admit of amplifications and additions 
 on the backs ; that it is secured at the corner, by tape or 
 pins, and that a wideish margin (reserved for addenda in 
 the rough draft, and for observations and corrections in 
 the fair copy) is ruled off on the left-hand comer of each 
 sheet. But there are far more important things than these 
 to be learned from the rough draft you are now about to 
 copy in your best small-text hand. Regard it attentively, 
 and foUow it clause by clause with my analysis of it.* 
 The draft commences with the words, " This Indenture," 
 in large letters (this is technically called " the title "), and 
 then immediately follows a blank space for the date, 
 which will be filled up when the deed is signed, or 
 " executed," and the names of the persons (we will call 
 them John Stokes and Eichard Styles) by whom it is to be 
 executed — ^known as "the parties." After this, you will 
 observe the word " Whereas," which commences a long- 
 winded sort of sentence at present quite unintelligible to 
 you; possibly there may be four or five of these 
 "Whereases," the distinctive name of which clauses I 
 would beg you to observe is "recital." Then, after aU 
 these "recitals" are exhausted, come the words, "Now 
 
 * I have assumed that the student's first experience is of a Convey- 
 ance m Fee. The observations I here make, or some of them 
 will, however, serve {mutatis mutandis) in the case of other instru- 
 ments. 
 
THE FIUST TEAE. 15 
 
 this Indenture witnesseth," also in capital letters; and 
 foUowiag this clause — ^whieh mil be found in every deed, 
 and is called the "Testatum," or "Witnessing part" — 
 you will find a statement that Eichard Styles pays John 
 Stokes so much money (termed in legal language "the 
 consideration"), -which Stokes acknowledges to have re- 
 ceived, and that, thereupon, Stokes " Grants and conveys," 
 (these words being an indispensable part of the deed, and 
 known as the " operative words") to Styles, his heirs and 
 assigns (particularly notice the words in Italics, and 
 remember that they are called the "limitations"), "All 
 that" house and garden — or whatever it may happen to 
 be — ^whieh you, as a professional man, will for the future 
 please to call "the parcels." The next thing you wiU 
 observe is a long string of words, which may possibly 
 strike you as somewhat superfl.uous, in which " houses and 
 outhouses," " hereditaments and premises," " rights and 
 titles," and all manner of things will claim your notice (these 
 are the " general words ") ; and the latter part of the deed 
 (after a mysterious phrase commencing with "To hold") 
 is taken up by three or four more long sentences, each 
 beginning with a large " And," and being, as far as you 
 can make out, something in the nature of mutual promises, 
 rather redundantly expressed, between Stokes and Styles, 
 and you will not be much surprised to hear that the proper 
 technical name for this sort of promise is " Covenant." 
 The wind up of the whole affair is, that "In witness 
 thereof" Stokes and Styles sign their names, and on the 
 back is a receipt by Stokes for the money he is to receive 
 from Styles. 
 
 Now, I am going to put this simple little deed — which 
 you will hereafter know is a " Conveyance in Pee" — into 
 a sort of skeleton form for you, in order that you may 
 better understand its meaning. 
 
16 
 
 THE FIBST YEAB. 
 
 DrAPT of a CoNVEYASrCB IN !Fbb. 
 
 Initial Form. 
 
 1. Title. 
 
 2. Date. 
 
 3. Parties. 
 
 4. Eeeitals. (1) 
 
 Text. 
 
 "made the day of 1868 
 
 " f rfte^M Jolm Stokes of the one part 
 "and Eichard Styles of the other 
 "part 
 
 ' W^^ttfH^ by Indentures of Lease and 
 ■' Eelease dated the 10th and 11th days 
 "of April 1800 and made between 
 " Joseph Smith of the one part and 
 " Timothy Stokes of the other part the 
 " said Joseph Smith (for the considera- 
 "tions in the now reciting Indenture 
 " mentioned) granted released conveyed 
 " and assured unto and to the use of 
 " the said Timothy Stokes his heirs and 
 *' assigns All and siagular the here- 
 " ditaments and premises hereinafter 
 " particularly described 
 (2) " %,viis Mrft'as the said Timothy Stokes 
 " died on or about the fifth day of 
 " October 1851a widower and intestate 
 "leaving the said John Stokes (party 
 "hereto) his eldest son and heir at 
 "law 
 
 "S«^ fa|ma:i5 the said John Stokes 
 " hath lately contracted and agreed 
 " with the said Eichard Styles for the 
 " absolute sale to him of the messuage 
 "hereditaments and premises hereia- 
 " after mentioned in fee simple free 
 " from all incumbrances at or for the 
 "sum of 1000?. 
 
 (3) 
 
THE FIEST TEAE. 
 
 17 
 
 7. Operative 
 
 part. 
 
 8. Parcels. 
 
 5. Testatum. " ^afsx t|is ^x&i-xitxiu fsxlixtmtt^ that 
 
 6. Consideration. " In consideration of the premises and 
 
 " of the said sum' of 1000^. sterling 
 " (the receipt of -which and that the 
 " same is for the absolute purchase in 
 " fee of the messuage hereditaments 
 " and premises hereinafter mentioned 
 " the said John Stokes doth hereby 
 " acknowledge) He the said John 
 " Stokes doth hereby l&xrmt mil €aniie^ 
 " unto and to the use of the said 
 "Eichard Styles his heirs and assigns 
 " $rll il^Kt messuage hereditament or 
 " dwelling-house being No. 1 Queen 
 " Street ia the parish of St. Ingulphus 
 " ia the County of Gloucester Which 
 " messuage hereditament or dweUing- 
 " house is situate at the north-east 
 ' ' corner of Queen Street aforesaid 
 ' ' and is now in ' the occupation of 
 " the said Eichard Styles or his under- 
 " tenant 
 
 " ^agdl^n with aU houses out-houses 
 "yards gardens ways paths passages 
 "waters drains gouts pumps areas 
 " lights liberties profits privileges ad- 
 " vantages easements and appurten- 
 " anoes to the said messuage heredita- 
 " ment and premises belonging or 
 " appertaining 
 10. Habendum. " %a Igabz mir ts Igalh the same and 
 " every part thereof unto and to the 
 " use of the said Eichard Styles his 
 " heirs and assigns for ever 
 
 9. General words. 
 
18 
 
 THE FIEST TEAE. 
 
 (2) Against m- 
 cumbrances, 
 and for quiet 
 enjoyment. 
 
 1 1 . CoTenants. ' ' gtttJr the said John Stokes doth hereby 
 "for himself his heirs executors ad- 
 " ministrators and assigns covenant 
 " with the said Eichard Styles his heirs 
 " and assigns 
 
 (1) For title. " SJ^at he the said J. S. has good right 
 
 " full title and lawful and absolute au- 
 " thority to grant and convey the said 
 " messuage hereditaments and premises 
 " unto and to the use of the said Eichard 
 " Styles his heirs and assigns for an 
 " absolute estate in fee simple ia man- 
 " ner hereiabefore appearing 
 "^ivir tj^ai free clear and absolutely 
 " acquitted exonerated and discharged 
 " of from and against all and all manner 
 " of charges and incumbrances what- 
 " soever by him the said John Stokes 
 " and all persons whomsoever lawfully 
 " or rightfully claiming or to claim by 
 " through under or in trust for hiTn 
 " ^nh tj^itt all the said premises may be 
 " quietly entered into held and enjoyed 
 "by the said Eichard Styles Lis heirs 
 " and assigns without any interruption 
 " by the said John Stokes or any person 
 " claiming through or in trust for bi-m 
 " or any of his ancestors 
 
 (3) For further "grnir inxil^SX that he the said John 
 assurance. " Stokes his heirs executors and ad- 
 " ministrators will at all times here- 
 " after at the request and costs of the 
 "said Eichard Styles his heirs and 
 " assigns execute all such further acts 
 " deeds and assiirances as shall be 
 
THE FIRST YEAB. 19 
 
 " necessary or sliall be deemed by the 
 
 " said Eicbard Styles Ms heirs and 
 
 " assigns advisable for further assuring 
 
 " the hereditaments intended to be 
 
 "hereby conveyed and mU. for that 
 
 " purpose at the like reijuest and costs 
 
 "procure the concurrence of aU such 
 
 " persons (if any) as shall be necessary 
 
 "for fully effectuating the intent of 
 
 " these presents and for absolutely 
 
 " assuring as aforesaid the heredita- 
 
 " ments and premises hereby conveyed 
 
 " or intended so to be 
 
 12. Conclusion. " ^xi Mtoss whereof the parties to 
 
 " these presents have hereunto set and 
 
 " subscribed their handa and seals the 
 
 " day and year first above written." * 
 
 Now, I ask you, in the first place, to consider what it 
 
 was intended to effectuate by this deed ; and secondly, 
 
 to observe the manner in which the various clauses and 
 
 provisions contained in it nieet the object in view. 
 
 The object of the deed we are now considering is -to 
 legally vest in Eichard Styles the house in Queen Street, 
 hitherto belonging to John Stokes, upon payment to Stokes 
 of 1000^. therefor. 
 
 Until about five-and-thirty years ago it was necessary 
 that every instrument used for authenticating the transfer 
 or conveyance of land between parties should have been 
 what was termed " indented," — ^that is, cut in a wavy line 
 at the top of the skin of parchment or sheet of paper on 
 which it was written ; and although in the year 1844 an 
 Act was passed, making it unnecessary so to "indent," 
 
 * This Form seems to have been adopted from some old precedents. 
 Davidson's Concise Precedents vriU give rather simpler ones (Editor's 
 note). 
 
20 THE FIRST YEAE. 
 
 yet the name or title of "Indenture" is still retained in 
 order to distinguish, this sort of deed from another, termed 
 "deeds poll" (of which the top -was alwajs polled Bmooth), 
 which are of one part only, i.e., executed only by one 
 person, and not of two parts as in this instance. After 
 the words "This Indenture" follow the names of the 
 parties, and you will notice that Stokes comes first, and is 
 called " of the one part," and Styles next, " of the other 
 part." Now, the general rule is, that the person from 
 whom the property goes, called "the vendor," is named 
 be/ore the person to whom the property goes, called " the 
 purchaser;" in this case Stokes is the vendor; and the 
 house in Queen Street goes from him to Styles, the pur- 
 chaser ; and on this account Stokes is named in the deed 
 befoi;e Styles. If you will remember this general rule, 
 that the person or persons (for there may be several, and 
 of several parts, as 1st, 2nd, 3rd, &e.) who sell, or convey, 
 are always named before the person or persons who take 
 or purchase, it may save you some confusion when, by- 
 and-bye, you come to investigate titles,* and read deeds 
 for yourself. After the names of the parties follows the 
 date, as a matter of course ; and I may as well tell you 
 here, that i£ the deed is not dated at aU, or an impossible 
 date (as the 31st of June) is put, the real date of the deed 
 may be proved by evidence, if necessary. Hitherto all 
 has been plaia sailing ; now you come to your first o-iix, 
 the "Whereas." This recital teQa you that by "Inden- 
 tures of Lease and Release," dated a good many years 
 since, Joseph Smith conveyed this property to Emothy 
 Stokes. "Well," you may say, "but what has Timothy 
 Stokes to do with it ? " Wait a moment and you will see. 
 What a Lease and Eelease were you will learn hereafter • 
 it win be sufficient for you for the present to know that 
 
 This subject mil be found treated of in Chap. 11. Part I. 
 
TIEE riBST TEAE. 21 
 
 they were two deeds, purporting to be dated on two 
 successive days, but in reality always executed at tbe same 
 time (whicli two deeds answered tbe same purpose as tbe 
 one we are now considering does at the present day), and 
 that since the year 1841 they have ceased to be necessary 
 — only one being now recLuisite. "Well, by these " Inden- 
 tures, of Lease and Release" it seems that Joseph Smith 
 conveyed the property to Timothy Stokes, in 1800, and 
 that is all this recital says. This is the beauty of recitals ; 
 you are compelled to go one step at a time, which is much 
 the safest and surest way in all things, you will find. 
 Who Joseph Smith was does not appear on the recital ; 
 only, as he must have been the owner of this house in 
 1800 (else he could not have sold it to Timothy Stokes) we 
 are pretty safe in concluding him to have been the owner 
 of the fee simple (that is, to all practical purposes absolute 
 owner of the property) previously to Timothy Stokes 
 becoming so. Well, we now see that, in 1800, Timothy 
 Stokes was the. owner of this hoiise in Queen Street. Now 
 let us go to the next recital, which you wUl see clears up 
 the mystery. This recital tells us that Timothy Stokes 
 died in 1851, intestate, and a widower, leaving John 
 Stokes his eldest son and heir-at-law. We will dispose of 
 each of these points successively. To die intestate, means 
 to die without having made a will (or testament). Had 
 old Tim.othy Stokes liked, he might have made a will, and 
 left this property to whomever he pleased — ^for it is (as 
 you will by-and-bye learn) quite a vulgar error to suppose 
 that all freehold property must go to the eldest son ; but 
 he did not chose to do so. You will observe that it is 
 stated that Timothy died " a widower," as well as in- 
 testate : the reason for stating this is, because, according 
 to a custom, which afterwards became a law, the widow of 
 a man was entitled to a third of whatever landed property 
 he might die possessed of, provided he did not leave it to 
 
22 THE FIEST YUAE. 
 
 anybody else. This third is caUed "dower;" and altliougli 
 the law on the subject was considerably changed forty- 
 five years ago from what it had been, stffl, in the majority 
 of cases, the widow of an intestate is still entitled to her 
 dower, or third. It was necessary to state, in this deed, 
 that Timothy Stotes died a widower, otherwise his widow 
 would have been entitled to a third of the property. As 
 it was, you see it went all to John, who, being the eldest 
 son, had a right to the land, on his father's decease in- 
 testate, in exclusion of his brothers and sisters. So now 
 we see how John Stokes comes to be in a position to agree 
 with Eichard Styles, ia the third recital, to seU him No. 1 
 Queen Street for lOOOZ. This house is what is tenned 
 freehold — ^which wUl be explained to you further on — and 
 is therefore of the class called real property ; but had it 
 been leasehold (that is, held on lease for any nxunber of 
 years from another party) it would haye been personal 
 property, and would have had to be divided equally 
 between John Stokes and his brothers and sisters.* All 
 this you wUl find treated of in detail in one of the first 
 books that you wiU have to read — ^Mr. Joshua "Williams' 
 " Eeal Property." The next clause we have to consider 
 is the testatum, which "witnesses" that for 1000/. Stokes 
 "grants and conveys" {ivhat does not yet appear) to Styles 
 " his heirs and assigns." The word " grant," with or 
 without the word " convey," ia what is called the " opera." 
 tive " word, and operates to convey the property from 
 Stokes to Styles. But, you will notice, it is not merely 
 that "Stokes grants to Styles," but that. Stokes grants 
 "to Styles his heirs and assigns." Now these words 
 " heirs and assigns " mark the property for what it is, — 
 a fee simple ; had the words been simply " John Stokes 
 grants to Eiehard Styles," or even "to Eichard Styles and 
 
 * The entire subject of " Copyholds" is advisedly left untouched for 
 the present. 
 
THE FIEST TEAE. 23 
 
 Ms assigns," tlie effect ■V70iild liave been that poor Styles, 
 for his lOOOZ., woiild only have got an " estate " (as it is 
 ealLed) for his life ; so that if he had died next day, the 
 property -n^otild have gone back (or "reverted") to Stokes, 
 who would yet have kept the 1000^. But the introduction 
 of the words " his heirs " prevents this. The law is, that 
 in order that a man may take a freehold estate hy deed (by 
 wUl it is otherwise) it is necessary that his "heirs" shoidd 
 be named; and the words "children," "issue," or "off- 
 spring," or any other of that nature, would have no effect 
 whatever. In order, therefore, that Eichard Styles should 
 take (what he has bought) the freehold, or fee, it is neces- 
 sary that it should be conveyed (as it is here) to him. "and 
 his heirs," — the words " and assigns," although quite 
 superfluous, being always added. Now let us see what it 
 is that Stokes "grants and conveys" to Styles "his heirs 
 and assigns." What should it be, but the house in 
 Queen Street? And in the "parcels" coming immedi- 
 ately after, we accordingly find that it really is " All that 
 messuage or dwelling-house," &c., No. 1 Queen Street 
 ("messuage" is another name for house); and then we 
 find a string of words following (the " general words "), 
 in which all sorts of things — in legal language "appur- 
 tenances " — are conveyed along with the house to Styles, 
 some of which may very possibly not be in existence at 
 aU. This practice is universal, but quite useless (except 
 for the purpose of lengthening the deed) ; the more so as, 
 at law, the mere word " land " would, without mentioning 
 anything about the house even, have been quite sufficient 
 — apart from the question of identity — to have passed 
 No. 1 Queen Street, with all its numerous "appurtenances," 
 to Styles. However, there these "general words" are, 
 and there they must remain, I suppose. Then comes a 
 sentence — ^the "habendum" — "To hold the same to the 
 said Eichard Styles his heirs and assigns for ever " — ^the 
 
2-1 THE FIEST YEAE. 
 
 object of vMch is, to point out with certainty the person 
 to whom the estate is conreyed, and the interest he is to 
 take in it, beyond doubt or misapprehension. "We are now 
 nearly at the end of our draft ; all that remain are the 
 three, or in reality four, sets of promises, or "covenants." 
 The first is called " the covenant for title," by which 
 Stokes engages that he reaUy has the right of selling the 
 house to Styles ; the second is termed " the covenant 
 against incumbrances," and is a sort of warranty by Stokes 
 that he has not mortgaged or incumbered the property in 
 any way, so that Styles will come into it clear ; and the 
 third goes by the name of " covenant for quiet enjoy- 
 ment;" and the fourth, of "covenant for further assurance," 
 which is merely to the effect that if another deed becomes 
 necessary (in such a simple case as this it never would be) 
 Stokes, or those who may hereafter stand in his shoes, or 
 " represent " him, will execute it. The object of these 
 covenants being inserted is to enable Styles to sue Stokes 
 in a court of law if it afterwards turns out either that the 
 property was not his to sell at aU, or that he had mortgaged 
 or incumbered it in any way. If there were no such 
 covenants Styles would, of course, stUl have a remedy 
 against Stokes ; but it would then be a more difB.- 
 cult and troublesome matter, and Styles would probably 
 have to go to the Chancery Division of the High Court 
 of Justice for relief (what the Chancery Division of the 
 High Court is I will presently teU you) ; and there- 
 fore these covenants are most beneficial to Styles as pur- 
 chaser, and further secure him agarust any chance of 
 having been imposed upon. You will notice that these 
 covenants are entered into by Stokes, his heirs, executors, 
 administrators, and assigns, with Styles. What executors 
 and administrators are I shall have an opportunity, of 
 explaining to you. in a future chapter : all I need now tell 
 you is that, without the addition of these words, Styles 
 
IHE FIEST YUAE. 25 
 
 miglit liave some trouble ia suing on these covenants if it 
 became necessary to do so after Stokes' death., and they 
 are consequently always added. 
 
 We have now come to the end of our draft. What I 
 would recommend you to do is to make a copy of it .for 
 yourself from the analysis, and then go over these obser- 
 vations, one by one, with your copy, repeating the process 
 until you thoroughly understand what it all means. This 
 may take you a week to do at all satisfactorily; but the 
 week so spent will not be thrown away. 
 
 After you have completed your fair copy (which your 
 principal will, probably, receive from you with mortifying 
 indifference, telling you, without one word of admiration 
 of your splendid handwriting, to " take it to one of the 
 clerks outside"), you will, if you have nothing else on 
 hand, do well to " pyo*l " about the- office for a day or 
 two, and pick up a general notion of what sort of work 
 goes on in it. You will probably begin by -asking 
 questions of the clerks ; but you will find (unless you are 
 exceptionally lucky) that those of them who could tell you 
 anything at all worth learning are remarkably taciturn, 
 and stick to their own work, quite unimpressed with the 
 importance of answering your inquiries. The junior 
 clerks and errand-boy, indeed, will be ready ' enough to 
 fraternise ; but as these will have little professional 
 information to impart beyond the arts of folding drafts and 
 writing '* engrossing hand," I shoidd counsel you, whilst 
 behaving to them with proper civility, not to spend too 
 much of your time in their society. If the managing 
 clerk (supposing there be one) is at all accessible, he is 
 the most likely man- to help you to what scraps of practical 
 information; you may -require; but I expect you will 
 presently find that the old adage, "blessed are the hands 
 that help themselves," applies equally in a solicitor's ofiice 
 as" elsewhere. . 
 
 •R_ c 
 
26 THE PIEST YEAR. 
 
 Your first discovery vill be — if you are foi-tunate enough 
 to find yourself in an office of anything like "general 
 practice," wMch is by far the best soi-t of office to he 
 articled in — that there are a good many phases, or sides, to 
 the profession; that, like Proteus, it assumes various 
 shapes, and is by no means confined to the drafting, 
 copying, and engrossment of conveyances, in fee or other- 
 ■(yise — although, of course, that is a very important branch 
 of its practice. Three years ago you would have noticed 
 long strips of parchment — in form, polite invitations 
 (apparent^) from her Majesty to choice intimates of her 
 leisure hours, but -n-hich, on due investigation, you ■would 
 have found to be nothing pleasanter than writs. You 
 would likewise have seen oblong folded papers — looTdug, 
 from the fact of their being printed, instead of written, not 
 unlike the prospectuses of companies, and bearing on their 
 outside, in Grothic or Eoman characters, the mysterious 
 words " Bill of Complaint," together with other enigmatical 
 fig^es and inscri^^tions ; and should you inquire concerning 
 these, you would have been told that " they are Chancery 
 BUls," and that they had " no connection whatever" with 
 the writs aforesaid — which latter emanated from the 
 Courts of Common Law, whilst the former were " creatures 
 of equity." But now by the Judicature Acts and Eules 
 you must remember that all actions which have hitherto 
 been commenced by writ in the Superior Courts of Common 
 Law at Westminster, and all suits which have hitherto 
 been conmienced by BUI or Information in the High Court 
 of Chancery, are instituted iif the High Court of Justice 
 by a' proceeding to be called an action. And every action 
 in the High Court is commenced by writ of summons, 
 indorsed with a statement of the natm-e of the claim 
 made, or of the relief or remedy required in the action, 
 ajid which specifies the Division of the High Court 
 to ^vhich it is intended that the action should be 
 
THE nrmsT teak. 27 
 
 assigned.* You may also, perhaps, otserve some rather 
 mean, part-printed, part--WTitten papers, small and square, 
 •flrhich you mil learn are County Court "plaints" or 
 " summonses ;" and you may further come across portentous 
 sheets, partly manuscript and partly lithographed, which, 
 from their heading " The Bankruptcy Act, 1869," you will 
 not be at a loss to understand are forms in use at the 
 Court of Bankruptcy. Yarious other things you will see — 
 "Awards," "Assignments" and "Codicils" — so numerous, 
 so various, and all so apparently incomprehensible, that 
 your first impulses on beholding them will be to instantly 
 renounce the profession and all its vanities, and to start 
 forthwith for the wilds of Australia. You will, how- 
 ever, get over this temporary fit of desperation; and if 
 you only go along the path to which this finger-post of 
 mine (which can only tell you where to go for the kaow- 
 ledge it cannot impart itself) directs you, you may possibty 
 find your way pretty clear, and the difficulties not so 
 insurmountable after all. Let us begin with the writs. 
 
 These documents, which are technically called " Writs of 
 Summons," are, as I have already said, the first actual step 
 in every action which is now commenced in any of the 
 Divisions of the High Court of Justice. Before I begin to 
 describe the nature and effect of a writ, I must, however, 
 attempt a (necessarily) very brief and imperfect account 
 of the Common Law Divisions of the High Court out of 
 which they purport to issue. The Common Law Divisions 
 of the High Court are three in number ; viz., the Queen's 
 Bench, the Common Pleas and theExchecLuer of Pleas. Over 
 each of these three courts (which were collectively known as 
 " the Superior Courts of Law " at Westminster) preside six 
 judges — a chief and five juniors — or puisnes. In the Queen's 
 Bench and Conmion Pleas Divisions these chief judges are 
 
 * See Bedford's " Gruide to the Judicature Acts" (Editor's note). 
 C 2 
 
28 THE FIRST YEAE. 
 
 called "Lord Chief Justices," and tlie puisne judges were 
 called "Justices;" in the Exchequer Division the senior 
 judge is termed "Lord Chief Baron," and the ioMi puisnes 
 were termed "Barons."* The three chiefs take precedence 
 in the order named above ; but the puisne judges take 
 rank altogether, according to their seniority on the bench. 
 Prom this you will gather that these three Common Law 
 Divisions were equal, or very nearly so, in importance ; 
 and this, indeed, is still so : with some slight exceptions 
 (which will be explained to you further on) for the Queen's 
 Bench, Common Pleas and Exchequer Divisions have equal 
 power, and nearly equal "jurisdiction," as it is termed. 
 The " jurisdiction " of a court of law was of a twofold 
 natiire :• first, as to the subject-matter of the suits them- 
 selves; and secondly, as to the persons and places over 
 which their powers extend. The three " Superior Courts " 
 had, as the Common Law Divisions now have, a very wide 
 jui-isdiction — extending to England and "Wales, and the 
 town of Berwick-upon-Tweed, but not to Scotland or 
 Ireland! — ™ '""''^ matters — ^that is to say, in all matters of 
 breach of contract, and wrong (generally speaking) not 
 amounting to felony. Accordingly the two great branches 
 of actions at common law were known as actions ex 
 contractu {id est, arising from breach of contract) and 
 actions ex delicto (that is, arising out of wrongs).| To 
 give you an instance of each : a suit to compel the pay- 
 ment of a debt would have been an action ex contractu, 
 because there was a contract or promise — expressly in 
 words or writing, or else implied by the law — on the one 
 
 * Save the chiefs, who still retain their old rani and titles, eveiy 
 judge who is now appointed is styled in his appointment " Jud^-e of 
 Her Majesty's High Court of Justice." See Bedford's " Guide to 
 the Judicature Acta" (Editor's note). 
 
 t See also 31 & 32 Vict. c. 54, as to a Eegister of EngUsh Judo'- 
 ments kept at Dublin and Edinburgh (Editor's note). " 
 
 X Eorm of actions^ are not now so distinctly classified vinder the 
 Judicature Acts (Editor's note). 
 
IHE FIRST yeah: 29 
 
 side to fiu-nisli tlie goods, and on the other to pay fot 
 them — and the non-payment for the goods according to 
 promise constitutes debt.; a suit on account of. an assault 
 committed by A. on B.: would have been an actiop. ex 
 delicto, or an action of tort, because it did not arise from 
 any contract, express or implied, but ■was substantially a 
 tort or wrong, committed by one party against another. 
 You ■wiU observe, however, that both actions ex contractu 
 and actions ex delicto might have been brought in either 
 of the three superior courts ; and that, in every case, the 
 commencement of the action was the " writ of summons," 
 and even in the Chancery Division, as we have stated. 
 We win now proceed to the consideration of one of the 
 writs in an imaginary action in one of the Common Law 
 Divisions issued in London — Stubbs versus Furnival. 
 
 The first portion of the writ of summons contains the 
 title in full, and is as follows ■.^— 
 
 1878. S. 136. 
 In the High Court of Justice. 
 Queen's Bench Division. 
 
 Between John Stubbs .... Plaintiff, 
 and 
 Eichard Furnival . . . Defendant. 
 
 The date of the year, letter, and number, comprises what 
 used to be termed in Chancery the reference to the Record, 
 namely — ^the date of the year, initial letter of the plaintiff, 
 and the number of the Bill which had been issued under 
 that particular letter, and was the method by which the 
 cause book at the Record and Writ Clerk's Office was kept 
 for the purposes of distinguishing the chancery suits. This 
 same practice is, as appears from the above portion of the 
 writ, now adopted at Common Law. 
 
 The next sentence of the writ runs thus : " Victoria by 
 the grace of God of the United Kingdom of Great Britain 
 and Ireland Queen Defender of the Faith to Richard 
 
00 THE FIEST YEAB. 
 
 Pumival of steep-street Bath in the County of Somerset 
 butcher."* This stately enumeration of his or her Majesty's 
 titles was formerly never omitted from any common law 
 writ, and now not from any writ : it is by some supposed 
 to take its origin from the proclamations of the heralds in 
 the times of tHt and tournament, whilst others consider it 
 the formal ancient commencement of a letter. This is the 
 Queen's " greeting " to Eichard Fumival, who is the " de- 
 fendant ' ' in the action. I presume it is scarcely necessary to 
 teU you that her Majesty has no personal acquaintance 
 whatever with Mr. Fumival, that she has not sent any letter, 
 writ, or greeting to that individual, and is even ignorant 
 that any such missive has been delivered to him. The per- 
 son who is really the mover in the issue of this writ is the 
 proper officer of the court (here the Queen's Bench), who, on 
 being presented with a paper copy of the writ stamped with 
 a five shilling stamp and a plain duplicate with the neces- 
 sary indorsements and signed by the solicitor, or plaintiff 
 if he issued it in person, " issues" the writ by stamping 
 in the lefthand margin of the duplicate a mark or " seal," 
 and files the stamped copy in the cause book. When he 
 has done this, the matter is formally before the com-t, and 
 the plaintiff impliedly undertakes to carry on the action 
 (supposing any fiu'ther steps to be necessary) according 
 to its rules and orders of procedure. 
 
 The next sentence is as follows: "We command you 
 that within eight days after the service of this writ on you 
 inclusive of the day of such service you do cause an 
 appearance to bo entered for you in the Queen's Bench 
 Division of our High Court of Justice in an action at the 
 suit of John Stubbs." John Stubbs is the name of the 
 plaintiff, who is (in the case we are now supposing) 
 bringing an action against his debtor, the defendant 
 
 * It is not absolutely necessary to insert the description (Editor's note 
 
XHB FIRST YEAE. 31 
 
 Eicliard Fur!iiival, for the price of pigs supplied to Mm. 
 The meaning of " entering an appearance " you -will be 
 told presently. The writ goes on: " And take notice that 
 in default of your so doing the plaintiif may proceed 
 therein and judgment may be given in your absence." 
 This means, that if the '* appearance " is not entered by 
 Eiohard Furnival (or his solicitor) within the eight days, 
 Mr. Stubbs' solicitor may, what is termed, "sign judg- 
 ment " in the book kept for that purpose in the office of 
 ^ the coTu't, and may " issue execution," — that is, issue 
 another writ (called a " writ of fieri facias " — known 
 familiarly as "fi. fa."), which empowers the sheriff of the 
 county in which Mr. Furnival resides — ^the sheriff of 
 Somerset — ^to " execute " an operation very unpleasant to 
 Mr. Furnival if he is a man of a prudent and well- 
 regulated mind; viz., take his goods (or sufficient of them 
 to satisfy Stubbs' claim, and the costs) ; or under certain 
 circumstances application may be made for a judge's order 
 of committal of Mr. Furnival under 32 & 33 Yict. c. 62. "We 
 shall see more of this writ of fi. fa. and the commitment 
 order, and of two other writs of execution, more un- 
 common of occurrence, called an "-elegit" and a "fieri 
 facias de bonis eoclesiasticis" (I hope you do not, like 
 Shakespeare, require a gift of " Latten Spoons " to make 
 you understand the meaning of this last long-winded 
 writ), when we come hereafter to consider at greater 
 length the proceedings in an action after appearance.* In 
 all probability, however, this "judgment in default of 
 appearance," as it is called, will not take place: either 
 Mr. Furnival (knowing, in his inmost soul, that Stubbs' 
 claim is a just one) will pay the amount due within the 
 four days mentioned on the "indorsement" of the writ; 
 or else, supposing him. to repudiate Mr. Stubbs' claim 
 
 * lu Chap. III. Part I. 
 
32 THE JIBST YEAE, 
 
 altogether, will " enter an appearance," submit to tlie 
 jurisdiction.of the court, and defend the action : this, as 
 we have seen, he must do "within eight days after the 
 service of the writ, inclusive of the day of service." 
 
 The "body," or front side of the writ concludes: 
 "Witness The Right Honourable Hugh MacCalmont 
 Baron Cairns Lord High Chancellor of Great Britain at 
 "Westminstei- the first day of April in the year of our Lord 
 One thousand eight hundred and seventy-eight." This is 
 called the " teste " of the writ ; and by Order H., Rule 8, 
 this "teste " must be (Jated on the day on which the writ 
 was actually issued at the office of the court, which was, 
 therefore, the 1st Aprils 1878. If the office of Lord Chan- 
 cellor is vacant the writ is tested in the name of the Lord 
 Chief Justice of England. The same remarks that I have 
 made as to the name and title of her Majesty apply ia 
 the case of the Lord Chancellor, who knows nothing of 
 the issuing of this writ, and wUl probably never even hear 
 of it, unless the case, in some form or another, comes per- 
 sonally before him. 
 
 Then follows the memorandum to' be subscribed on the 
 writ : — 
 
 N.B. — This writ is to be served within {twelve) calendar 
 months- from the date thereof, or if renewed from the date 
 of such renewal, including the day of such date, and not 
 afterwards. The defendant (or defendants) may appear 
 hereto by entering an appearance (or appearances), either 
 personally or by solicitor, at the Appearance Ofiice, Queen's 
 Bench pivision. Temple, London. 
 
 We will now turn to the back of the writ, and notice 
 the "indorsements" (as they are called for an obvious 
 reason) written upon it. 
 
 The first of these indorsements is as follows: "The 
 plaintiff's claim is;8aZ; 4i.~-9rf." Until a very recent 
 enactment (the " County Courts Act, 1867 ") it was usual 
 
IHE FIRST TEJlR. 33 
 
 for plaintiffs to issue writs for very small' sums wheh tHey 
 thought that the defendant would pay, and not bring the 
 matter into Court. It was long since enacted that a 
 plaintiff recovering less than 201. by verdict of a jury, in 
 an action of debt, should not be entitled to costs, unless 
 the judge " certified " to give them to him ; but this did not 
 extend to the case of a "judgment by default." This omis- 
 sion has, however, been remedied by the Act of 1867 ; and 
 the consec[uenee is that no action can be commenced in the 
 High Court for a debt of less than 201. ; if it be below that 
 amouiit, the plaintiff's remedy is in the Coimty Courts.* 
 
 Let U5 return, however, to Stubbs versus Fumival. Im- 
 mediately above the intimation that proceedings will be 
 stayed if Puxnival pays Mr. Hdbinson 83?. 4s, Od. and 
 21. 15s., within four days after service of the writ upon 
 him, comes the following sentence, which is emphatically 
 termed " the iadorsement." 
 
 " The following are the particulars : — 
 " 1877. Br. 
 
 Jan. 21st. To28quarteroldstorepigs, at23s.each 32 
 ,, To carriage from Wooton Basset 
 
 to Bath, as per agreement 
 April 9th. To 36 store pigs (Limerick) at 21*. 
 
 ,, To carriage as agxeed . 
 
 June 3rd. To prime Irish carcasses, 800 lb. 
 (without offal), at 4s. per 8 lb. 
 as agreed 
 ,, Paid for carriage of same 
 
 " 1877. CV. 
 
 Dee. 22nd. By cash of you 
 
 £83 4 9 
 " And 21. 15s. for costs. And if the amoimt claimed be 
 
 * THs statute modifies the discretion given to the judge by 
 Ord. LV. (Editor's note). ' 
 
 C5 
 
 £ s. 
 
 d. 
 
 LCh 32 4 
 
 1. 
 
 
 
 . 1 8 
 
 6 
 
 . 37 16 
 
 
 
 . 1 16 
 
 
 
 . 20 
 
 
 
 . 10 
 
 9 
 
 93 14 
 
 .9 
 
 . 10 10 
 
 t) 
 
34 THE FIRST TEAK. 
 
 paid to the plaintiff or his solicitors, \rithiii four days 
 from the service hereof, further proceedings -will he 
 stayed." 
 
 The indorsement, as you see, contains full particulars of 
 the plaintiff's claim upon the defendant.* If the writ had 
 been issued ■without any indorsement, the defendant might 
 have compelled the plaintiff (by a " summons at Chambers," 
 of Tvhich more in another place) to furnish these particidars 
 at his own expense ; and in that case Stubbs Tvould have 
 had to pay all the costs attending the summons, &c. in any 
 event — even if he afterwards won the action itself. Again, 
 supposing the particulars had not been so full, Stubbs 
 could have been made, in like manner, to supply " further 
 and better particulars." It is thus obvious that the 
 coiTectness and fulness of these " particulars of demands " 
 are matters of some importance.! You will observe that 
 credit is given, in the last item, for 101. 10s., paid by 
 Furnival to Stubbs in December. Had this not been 
 included in these particulars, Furnival could have raised it 
 hereafter in his Statement of Defence by what is termed 
 a " set off ; " but the conseciuence of this would probably 
 be that Stubbs would have to pay the costs of that jslea 
 himself ; and it is on this account mainly that he gives 
 credit for the payment in his particulars. 
 
 The concluding indorsements are as follows : — 
 ' ' This wi-it was issued by John Smith and Eiehard Brown, 
 of 90, Gray's Inn, in the county of Middlesex, agents for 
 WiUiam Eobinson, of 5, High Street, Wooton Basset, in 
 
 ■ mich may consequently render it only necessary to deUver a 
 notice to the effect that his claim is that which appears by indorsement 
 note) ^' ^"^ ^^° ^'"^o^-d's e«iffe (Editor's 
 
 f,„t> ^f'^/™^^''ly IiaTing regard to Ord. XIV. Rule 1, of the Judica- 
 (EtooT's nott) ""^ Bedford's G„i,k and Time Table 
 
THE riEST TEAE. 36 
 
 the county of Somerset, solicitor for the said plaintiff, who 
 resides at No. 20, High Street, Wooton Basset, in the said 
 county." 
 
 Smith and Brown are what are termed the " London 
 agents" of your principal, Mr. Eohinson. The latter is, by 
 the rules of the Court, not allowed to issue a writ in 
 London* himself, even if he should happen to be in 
 London, but must send instructions for that purpose to his 
 town agents. Then follows the address for service : — 
 
 *'The address for service is 90, Gray's Inn aforesaid;" 
 and lastly, the "memorandum of service." 
 
 We have now considered the form and substance of a 
 "writ of summons;" the proceedings subsequent to its 
 "issue " have next to be briefly stated, 
 
 The writ having been duly issued, it is " served" on the 
 defendant. For this purpose the London agents send 
 down the origiaal writ to their country client and a copy 
 for service. The clerk or "process server" of the latter 
 then sallies forth, like some knight-errant of old, with 
 the object, however, not of succouring beauty in distress, 
 but of serving Furnival with a writ. He accordingly pro- 
 ceeds to the most likely place of encounter with Purnival — 
 which would be his shop in Bath. If he is fortiinate 
 enough to meet Mr. Furnival, he then shows him the 
 original writ, puts a copy in his hand, says "At the suit 
 of John Stubbs," or words to that effect, and then retires 
 to some convenient place, where he indites on the original 
 writ the "memorandum, of service," which it is necessary 
 for him to do at latest within three days from the actual 
 service. If, as is very likely the case, Mr. Furnival is 
 keeping out of the way, the process-server makes an 
 appointment with whoever may be on the premises, stating 
 the purpose for which he is desirous of the pleasure of a 
 
 * There are, however, district registries out of which writs now 
 issue, as to which see Bedford's Guide (Editor's note). 
 
36 .THE FIRST YBXR. 
 
 personal interview. Aiter three of these appointments, if 
 Mr; FurniYal is stiU " found wanting," the .process-server 
 leaves a copy of the writ on the premises, and makes an 
 •" kffidavit " {i.e. a written statement upon oath, signed by 
 him, and " attested " by a commissioner to take oaths) of 
 the facts ; and this affidavit being transmitted to London, 
 .a Master at Chambers wiU make an " order," the effect of 
 which is that Mr. Furnival is to " consider himself served ; ' ' 
 and thereupon the proceedings go on as if pBrsonal service 
 'l^ad been actuaUy effected.* If Mr. Furnival is residing 
 out of the Idngdoni when the writ is issued, the judge 
 would make an order empowering the issue of the wnt 
 and service abroad. When Mr. Fui'nival is at last served, 
 he (that is, supposing he intends to resist Stubbs' claim) goes 
 to his lawyer, who^again through the town agent — causes 
 an "appearance" to be entered on behalf of his client, 
 stating that he recjuires statement of claim ; Mr. Furnival 
 thereupon is- formally before the Court as . defendant. 
 The writ of' summons having thus done its office, we wiU 
 postpone, for the present, entering into a detailed account 
 *of subsequent proceediiigs,. beyond saying that the town 
 agents having had notice of Furnival's "appearance" at 
 the office of the Queen's Bench Division, thereupon Mr. 
 Eobinson prepares the fii'st "pleading" (by name a 
 "statement of claim"), which merely sets out what we 
 know abeady in more technical language. f The para- 
 graphs in this "statement of claim" are numbered 
 consecutively, and used to be called "counts;" and when 
 (as in this ease) the action is brought merely for the re- 
 covery of a debt due, they were termed "common money 
 
 * In Capes V. Brewer, the Master of tlie Rolls held that a copy of the 
 wilt ought also to be posted to the residence and place of business 
 (Editor's note). 
 
 t In the case put, a notice, as mentioned in note to page 34, would 
 be sufficient, as the writ is fully indorsed (Editor's note). 
 
THE FIRST TEAE. 37 
 
 counts," in order to distinguish, them from those more elabo* 
 rate special counts which were "pleaded" in other kinds of 
 actions. These counts are now, however, ahoHshed, and the 
 claim must simply contain a statement of facts, and he as 
 brief as possible. If .it exceed ten folios it must be printed. 
 In the mai-gin of the old pleading were the words "Somerset 
 to wit,"; which were called "the, venue," and signified that 
 the ease would be tried in Somersetshire. A lite notice at 
 the foot of the claim is iiow necessary, as the case is not to be 
 tried in Middlesex.* Turnival, riot to be beat, now puts in, 
 through his solicitor, another " pleading," which is called a 
 " statement of defence," and which must be put in within 
 eight days of the statement of claim, in which he sets out 
 the defence which he considers be has to Stubbs' claims. A 
 very probable one, in this case, would be that the pigs 
 supplied by the plaintiff, when killed, were found to be 
 unfit for hxmian food ; and, supposing this to be subse- 
 quently established at the trial, Tumival would get a 
 verdict, inasmuch as the law always implies a promise or 
 "warranty," from one person supplying goods to another, 
 that those goods shall be reasonably fit for the purpose for 
 which they are furnished. . This, however, is only one of 
 a variety of defences which Furnival might " plead;" and 
 it is even possible that he migtt not "plead" any fact at 
 aU, but urge a mere point of law, which is called a " de- 
 murrer," and is brought to' a hearing in quite a different 
 way from a plea. Supposing Purnival, however, loses 
 heart at this stage of the proceedings, and neither puts in 
 a statement of defence nor "demurs" at all, Stubbs may 
 then " sign judgment and issue execution in default of a 
 statement of defence," in like manner as we have before 
 seen he could have done in " default of appearance." 
 Upon the back of Pumival's " plea " used to be indorsed 
 
 * The form of the notice at the foot of the claim is as follows: — 
 "The plaintiflE proposes that this action should be tried in the 
 county of Somerset" (Editor's note). 
 
38 THE riUST YEAH. 
 
 a notice to Stubbs calling upon Hm to reply mtbin four 
 days, whiob be did (tbi-ough bis soUcitor, of course) by 
 filing a " repHcation," in wbicb be, very possibly, denied 
 Fumival's plea altogether— saying, to pursue our instance, 
 that tbe pigs xoere fit for buman food. If be tbus directly 
 deniedFurnival'splea,beTvassaidto "take issue" onit,and 
 tbereupon "issue" was said to be "Joined," and tbe 
 "l^leadings" were at an end. Instead of doing tbis, 
 however, be migbt have "repUed" that tbe pigs became 
 so unfit in consequence of Fumival's improper treatment of 
 them between the time of bis receiving them at Bath and 
 killing them ; and if he so "replied," Furnival would have 
 a "rejoinder," in which he would probably "join issue." 
 These pleadings might have gone on, after " rejoinder," to 
 " surrejoinder," "rebutter," and " surrebutter" (the names 
 of tbe different pleadings), usque ad nauseam ; but, however 
 long they might have taken about it, "issue" must ulti- 
 mately have been "joined" (that is, whenever one parly 
 simply and unqualifiedly denied the other parly's last plead- 
 ing), and tbis part of the proceedings was then at an end. 
 Now, under tbe Judicature Act, the proceedings simply 
 consist of statement of claim, statement of defence and 
 reply; and no other pleading, save a joinder of issue, 
 can be pleaded without leave of a Court or Judge.* It 
 is proper to remark here that these pleadings are not, as 
 the writ of summons and the " apx^earance " were, issued 
 out of tbe Court, or filed in it ; as a general rule, they are 
 merely delivered out of Court between the solicitors of the two 
 parties ; and when tbe ' ' issue' ' is arrived at, the notice of trial 
 is delivered to tbe other side, and no "record" is now made 
 out, but simply two copies of the pleadings (printed when 
 necessary) in their order and date, with a copy of tbe notice 
 of trial indorsed, are taken by tbe plaintiff's solicitor to tbe 
 Associate'sOffice, when tbe cause is entered for trial, and one 
 of these is put before tbe judge who tries tbe action when the 
 
 * Bedford's Guide. 
 
THE FIRST YEAR. 39 
 
 cause is '.' called on" for hearing — ^probably montlis after the 
 "pleadings" have been pleaded. The proceedings neces- 
 sary to bring the case on for trial, after the pleadings are 
 thus exhausted, are, — ^the giying notice of trial, ■yrhich 
 must be done at least ten days before the ease can possibly 
 come on (at assizes, ten days before the opening or " com- 
 mission" day, vhen the judges " open the commission" 
 for the particular town they are then in) ; setting the cause 
 down, which is ordinarily done the evening of "commis- 
 sion day " in country causes (in London the practice is . 
 different); delivering the previously prepared "briefs" 
 to the counsel who are to appear ; and, if necessary, 
 "bespeaking" a " special " jtiry. Of all these matters I 
 purpose telling you more when we come to consider an 
 action at law in detail ; and I wiU now conclude this 
 branch of the present chapter by summarising in a tabu- 
 lar form, for your convenience, the matters at which we 
 have already glanced. 
 
 SlCELETOX OtJTLmE OP OrDESCAIIY PkOCEEDESTGS IN^ AjV 
 
 Action. 
 
 1 . Writ of Summons issued. 
 
 2. Writ of Summons served on the defendant. 
 
 3. Defendant " appears " within eight days of service. 
 
 4. Plaintiff delivers his statement of claim within six 
 
 weeks of " appearance." 
 
 5. Defendant delivers his statement of defence within 
 
 eight days of " statement of claim." 
 
 6. Plaintiff " replies " within three weeks of statement of 
 
 defence (he may either " join issiie " here, or pro- 
 ceedings may go on by leave of Court or Judge). 
 
 7. Plaintiff or defendant (as the case may be) " joins 
 
 issue," within four days of last pleading. 
 
 8. Plaintiff gives "notice of trial," at least ten days 
 
 before day of trial. 
 
40 THE FIEST tear: 
 
 9. Plaintiff " enters for trial " -with the proper officer at 
 the assizes, and delivers the two copies (printed 
 •where necessary) of the pleadings to him. 
 
 10. IBoth parties deUver their " briefs " to counsel. 
 
 11. The cause is heard before a jury; they give their 
 
 ' verdict; and what is tei-med the associates' certificate 
 is obtained. 
 
 12. Judgment is entered, costs are taxed, and execution is 
 
 " issued" (see ante). 
 
 It must be recollected that the above is a description of 
 one kind of action only. In many others, the proceedings 
 differ, more especially in the "pleadings." If the action 
 is for a tort there can, of course, be no " particulars of 
 demand" as in the ease of Stubbs r. Furnival, and, con- 
 sequently, the " statement of claim " (which then supplies 
 the place of the "particulars") is much longer and more 
 explicit. In one sort of action, called " Ejectment," which 
 is an action for the recovery of land, there used to be no 
 pleadings at all, issue being joined upon the appearance 
 being entered ; in another kind of action, known as 
 " Replevin," and brought for a wrongful distress or 
 " execution " against thei sheriff (see the remarks upon the 
 writ of "fi.fa"), the pleadings were altogether different 
 in their character, but now, under the Eules of the Judi- 
 cature Acts, the practice in both cases is assimilated 
 with that in other actions, save a replevin bond must still 
 be entered into ; and again, another class of actions, 
 brought oil what are termed "bills of exchange," vary 
 from these as far as the writ of summons is concerned. 
 I only mention these things to prevent any possibility of 
 your imagining that you have learned more than the 
 faintest outline from what you have now gathered of the 
 proceediiigs in an action. When you are studying the 
 subject of conmion law in extenso, which, according to my 
 
THE i'lS.ST TEAR. 41 
 
 plan, -will not be until the tliird year of your articles, you 
 may be -better prepared to consider the various ramifica- 
 tions of the subject, -with the efficient help of the boot 
 (Smith's Action at Laic) to which yoii ■will direct your 
 attention during your hours of study. I will only here 
 add my recommendation that you thoroughly familiarise 
 yourself with the little given above, before proceeding 
 ■further. What is here set do^wn is merely (as befits this 
 early stage of your progress) a faint indication of the 
 Ordinary course of an action in the Courts of Common 
 La'w ; but, on that very account, it is necessary that you 
 lose no time in acquainting yourself, as well as may be, 
 ■with its principal features as above sketched out. 
 
 I have mentioned that, besides ■writs, you will very 
 probably notice, lying about the office, on your principal's 
 desk, stacked away in pigeon-holes and elsewhere, various 
 other documents bearing strange names, am.ongst which, 
 but merely as examples, I enumerated " Assignments " 
 and " Codicils." And this leads me to the second great 
 di^vision of the law, called Conveyancing ; a branch of the 
 science of jurisprudence that calls for as great assiduity in 
 its study and carefulness in its practice as any art or science 
 kno-wn to the ci-vdlised world. Conveyancing— although 
 in its strict technical sense seeming to apply only to the 
 transfer of real or quasi-real property (an example of which, 
 in its simplest form, we have aJready noticed in the convey- 
 ance in fee from Stokes to<' Styles) — 'is now in continual 
 demand amongst aU classes of the community, inasmuch as 
 the objects which can be obtained through its aid are both 
 numerous and important. Prom: the preparation of an 
 •elaborate settlement, invol^ving the welfare and manage- 
 ment of large properties, do^wnito the humble and every- 
 day bill of sale and assignment of a policy of insurance. 
 
42 THE FIRST YEAH, 
 
 the aid of Conveyancing in its extended modem sense is in 
 constant re(iuisition, no less by tlie trader than by the 
 proprietor of landed estates. Indeed, it may be said, 
 without exaggeration, that — taking the entire general 
 community, and not any one section of it — the assistance 
 of the conveyancer is required far more often than that of 
 the common-law, equity, or even bankruptcy lawyer. If a 
 daughter is to be married, or a son apprenticed or other- 
 wise provided for; does a man desire to enter into ^ 
 professional, mercantile, or a more tender description of 
 partnership ; does he wish to lend money for a term, or t5 
 borrow it ; to endow a charity, or to exact ten shillings in 
 the pound from an insolvent debtor ; — in all these cases, 
 and in a hundred others, all equally various and equally 
 important, he must continually have recourse to his con- 
 veyancer. Having regard, therefore, to the vast extent 
 and great moment of the science, you should from the first 
 bestow a large amount of your attention upon it ; and not 
 the less so because (as has been before remarked) it is a 
 sort of key to the lock of the law generally. When once a 
 man has a good siibstmtiim of Eeal Property Law, and of 
 that more mixed science which, for want of a better term, 
 we, in these days of Hfe policies, copyrights, trade marksj 
 funds, debentures, and other important personal property, 
 continue to call Conveyancing, he can, with moderate 
 industry, scarcely be at a loss when called upon to master 
 any other branch of the profession : whereas the converse 
 by no means holds good, and the sharp common lawyer and 
 the expert bankruptcy solicitor may fail to grasp the doc- 
 trines of Eeal Property Law if presented to their minds at 
 other than an early period of their professional lives. 
 There are many valid reasons why you should desire to 
 become " a good conveyancer ; " and when I further men- 
 tion that its practice is both more lucrative and more 
 pleasant to a studious man than that of any other branch 
 
TIDE FIKST YEAE. 43 
 
 of tlie profession, — ^more so even than EcLuity, wMcli takes 
 tlie next place,— you will, I tHnk, agree -vrith me as to the 
 desirability of, in this ihe first year of your articles, aoquir- 
 ing at least some slight general knowledge of the extensive 
 and symmetrieal doctrines of the Eeal Property Law of 
 tliis coiintry. Aided by a careful and judicious perusal 
 of that most classical, most accurate, and most interesting 
 of law ti-eatises, Mr. Joshua WUliams' Laiv of Real Property, 
 I doubt not but that you may, whilst your mind is yet 
 fresh and retentive, obtain an insight into Eeal Property 
 Law which wiU. prove of infinite value to you throughout 
 your professional life, 
 
 I will begin this short series of practical hints on the 
 subject of Conveyancing, then, by drawing your attention 
 to the fact that it is (itself only a division, though a 
 principal one, of the law) subdivided into several distinct 
 branches. Pollowing out my plan of tabular statements, 
 I here present you with a general view of these sub- 
 divisions.* 
 
 1. Subdivision. 2. To what Matters it extends. 
 
 1 . Conveyances Conveyances in fee, in taU, and for 
 
 (otherwise Sales lives. Contracts for sale and 
 
 and Purchases). jpm'c^^se. Appointments under 
 
 powers. Releases. Surrenders. 
 
 Assignments of personal property 
 
 and choses in action. 
 
 2. Leases. Demises for years. Subdemises. 
 
 Assignments of leases. Con- 
 tracts for letting and hiring. 
 Attornments. Licences. 
 
 * For a fuller explanation of this subject, see Chap. II. Part I, 
 
44 
 
 THE FlilST ■yBAB. 
 
 1. SieidivisMl. 
 
 Settlements and 
 Trust Deeds. 
 
 4. Wills. 
 
 5. Securities. 
 
 6. Miscellaneous. 
 
 2. To what Matters it extends. 
 
 Marriage settlements. Post-nu;^tial 
 settlements. Partnersliip deeds. 
 Trust deeds and declarationfe of 
 trust. Partition deeds. Assign- 
 ments and compositions under 
 the Bankruptcy Laws; Assign-J 
 ments of choses in action upon 
 trusts. Separation deeds. 
 
 Wills. Codicils. Letters of ad- 
 ministration. 
 
 Mortgages of real and personal 
 property. Bonds. Bills of sale. 
 Transfers. 
 
 Releases. Indemnities. Guar- 
 antees. Awards and arbitra- 
 tions. Statutory conveyances. 
 Charter parties, &c. &c. 
 
 Of the first of these six classes of documents, you have 
 already seen one specimen — ^the conveyance in fee from 
 Stokes to Styles. Besides conveyances in fee, there are 
 also, however, conveyances in tail and for lives, and 
 demises for years. A conveyance in tail is where the land 
 is conveyed — not to the purchaser and his heirs, as in the 
 case where the conveyance is in fee, but to the purchaser 
 and the heirs of his body. The difference in these two 
 conveyances may be explained in this way. Supposing A. 
 conveys land to B. " and his heirs," and B. dies intestate 
 and without a child, the land will go (subject to his 
 widow^s rigtt to dower) to B.'s father, if he has one, if not, 
 to his eldest brother, and, should he happen to have no 
 brother, to his nearest relation, whomever he may be. 
 This is the "descent" of B.'s estate "in fee," supposing 
 
THE FIBST TEXK. 45 
 
 Hm to die intestate ; but, as -we have seen, lie may duriiag 
 liis life re-sell it if he pleases, or let it for a term of years, 
 or, again, he may dispose .of it by will. .In, fact, for all 
 practical purposes, it is Jiis oicn. But now, imagine that 
 0. 'conveys land to D. and the heirs of his, body. : Supposing 
 D. to have a child, weU and good — ^that child takes the 
 property,; but supposing he dies without a child (and by a 
 child I mean, of course, a legitimate child, because an 
 illegitimate child is emphatically " the son of nobody," ju 
 the eyes of the law, in regard to the f/ej(cc»# of property 
 real or personal), whether he dies intestate, or leaves a 
 will purporting to leave the land to E. (which " devise," as 
 it is called, to E. would be CLuite ineffectual), the land will 
 what is termed revert to C- again, and wiU not go to D.'s 
 father or brother or anj^ of his relations. Still further, D., 
 who is what is called a " tenant in taU," cannot absolutely 
 sell the property, as B. could Ms; if he disposes of it. at all, 
 it can 'o.nly be to a very limited extent, unless he enrols 
 the, deed of conveyance in the Coiirt of Chancery, wliich, 
 for various reasons, is often impracticable. Thus you will 
 see that B.'s estate in fee is a much greater estate than D.'s 
 estate' in taUi But there is a third description of estate, 
 called an estate for life, which is smaller still. Supposing 
 P. conveys property merely "to G.," without naming liis 
 ."heirs" or anybody else; or "to G. and his executors;" 
 or "to G. for his life;" in all of these cases G-. wiU only 
 have the property for just. as long as he lives; and, if he 
 had disposed of it during his life, the purchaser from him 
 would be obliged to give it up to the person entitled to it 
 after G.'sdeath (called "the remainderman") as soon as G. 
 is dead. It very seldom happens nowadays that an estate 
 is given to a man for life, without anything further being 
 expressed in the deed as to the ultimate disposition of the 
 property — ^without any "limitations over," as lawyers say. 
 You will generally find that if land is given to a man. for 
 
46 
 
 THE riEST YEAH. 
 
 life, there is a provision made that after Ms deatli it is to 
 go to Ms eldest son, or if no son to Ms daughters, and, 
 failing them, to somebody else. Let us see how it would 
 work in practice. 
 
 Example: Land conveyed "to A. for the term of his 
 natural life, and after the determination of that estate to 
 the eldest son lawfully begotten of the body of A. and the 
 heirs of his body, and in case there should be no son living 
 at the decease of A. then equally to and amongst the 
 daughter or daughters of the said A. and the heirs of their 
 bodies, and in case there should be no such daughter so 
 living at the decease of the said A. then to B. and his 
 heirs."* 
 
 Let us see how this would operate under different 
 circumstances of fact. 
 
 1 . A. dies, leaving two sons 
 
 and a daughter. 
 
 2. He dies, leaving a son 
 
 only. 
 
 3. He dies, leaving a 
 
 daughter only. 
 
 4. He dies, leaving two 
 
 daughters. 
 
 5. He dies, leaving no 
 
 child, and B. is aUve. 
 
 6. A. dies childless, and B. 
 
 is also dead intestate. 
 
 The eldest son will have the 
 property "in tail." 
 
 The son takes "in tail." 
 
 The daughter takes "in 
 tan." 
 
 They take it equally (they 
 are then called " co- 
 parceners"). 
 
 B. takes in fee simple. 
 
 B.'s heir takes in fee simple 
 (B.'s eldest son woidd be 
 his heir). 
 
 * The author is aware of the eccentric form of the above limitations ; 
 but had he expressed himself with strict technical accuracy, his mean- 
 ing, to a one-year old student, might possibly not have been clear. 
 
THE FIRST YEAK. 
 
 47 
 
 7. A. dies childless, B. 
 
 being also dead child- 
 less, but leaving the 
 land hy ivill to C. 
 
 8. A. being dead childless, 
 
 and B. being also dead 
 childless, and -without 
 a mil, but leaving a 
 ■widow. 
 
 9. The same case, except 
 
 that B. leaves no widow. 
 
 10. The same case, except 
 
 that B. leaves no widow, 
 and no relation of any 
 kind. 
 
 11. B. leaves a widow, but 
 
 no blood relation. 
 
 C. takes in fee (0. is called 
 
 "B.'s devisee"). 
 
 One-third to the widow for 
 life, the rest to B.'s near est 
 blood relation in fee. 
 
 The nearest relation takes 
 
 in fee. 
 The property "escheats'* to 
 
 the Crown. 
 
 One-third goes to the widow 
 for life, the rest to the 
 Ci'own. 
 
 You wUl observe that whilst B.'s widow gets her third 
 (or dower) out of the estate, after A.'s death intestate, I 
 have not mentioned A.'s widow at aU: the reason is this; 
 there is no dower out of a life estate, but only out of an 
 estate of inheritance — that is a fee simple, or a fee tail. An 
 estate for life is not an estate of inheritance; it is only a 
 freehold, not a fee. You wOl also observe that iu the 
 "limitations" given above, the land is conveyed to A. for 
 life, and then not to the "heirs of his body," which, as I 
 have told you before, gives an estate tail, but to his "eldest 
 son," &c. The motive for this is, that by the operation of 
 a rule of law, called "the rule in Shelley's case" (which you 
 will presently read about in "WUliams' Beal Property), the 
 word "heirs" would have had the eifect of giving A. the 
 dominion over the property; and, as it was desired that he 
 
48 THE riEST YEAE. 
 
 should only have it for life, it is conveyed in this Tvay so as 
 to make sure of his children (if -he has any) getting it after 
 his death— the eldest son first; failing him and his chil- 
 dren, the second son; the daughters, and so on. 
 
 You must also bear in mind that heirs male are always 
 preferred, in the chain of descent, to heirs female of the 
 same degree: a son to a daughter, a brother to a sister, 
 &c. ; and that females of the same degree take all together 
 equally, daughters or sisters, as the case may be, their 
 proper legal title being "coparceners." 
 
 The above example of the "limitations" in a deed is 
 only a mere sketch, intended to give you some general 
 notion of the subject before attacking Mr. Joshua WiUiaras' 
 book. 
 
 It. is important that you should bear in mind that it is 
 the limitations in a deed Tvhich mark out -what is called 
 the quality of the estate; in other vrords, that determine 
 Avhether it is to be in fee, in taU, or for life; or if it is to 
 be merely personal property. Remember also that estates 
 in fee simple, in tail, or for Ufe are all caReA. freeholds, and 
 are real property'; whilst terms of years are otIj personal 
 property, and descend in quite a different manner. If the 
 house you now live in were conveyed by the owner to you 
 " and your heirs," or to you "and the heirs of your body," 
 you would have in either case a "freehold of inheritance" 
 (because it is in each case inheritable property) ; whilst if it 
 wasconveyed to you /or life, it wovdd be a "life freehold" 
 ' — a freehold not of inheritance. Supposing, however, the 
 house was conveyed to you (or, more strictly speaking, 
 "demised" to you) for any term of years, — one, seven, a 
 hundred, or a thousand, — you would have no freehold in it 
 at all; it would be only personal property, — what the law 
 calls- "a chattel real," — and would, on your dying intestate, 
 go to just the same i^eople as your furnitiu-e, your pictures, '| 
 
THE FIEST TEABi 49 
 
 or yoUr horses -woiild go to;— ^joxtr personal representatives, 
 in short, not yptir real representative. What the difference 
 is between these two classes, you ■will learn when you come 
 to read the first chapter of Williams' Seal Property, •■ 
 
 The limitations, then, I have saidj mark out the quality 
 of the estate: perhaps this may help you to understand 
 what is meant hy this : — 
 
 LIMITATION. QtJALIIT OP ESTATE. 
 
 (1.) "To A. and his heirs." (1.) Fee-simple. 
 
 (2.) " To A. and the heirs of (2.) Estate tail to A, 
 his body." 
 
 (3.) "To A., and after his (3.) An estate for Hfe to A., 
 decease to the eldest with the fee simple 
 
 son of his body be- to his eldest son after- 
 
 gotten." wards. 
 
 (4.) "To A. his executors (4.) This vests the absolute 
 and administrators." propertyinthematter 
 
 conveyed — personal 
 property this — in A. 
 
 The above are only a few out of innumerable examples 
 which might be furnishedj but they may be sufficient to 
 elucidate my meaning. 
 
 You will find-^this vast difference in the limitations 
 excepted — ^that nearly all deeds of whatever kind — con- 
 veyances, mortgages, leases, &c. foUow, in their general 
 outline, much the same form. They aU (with the excep- 
 tion of deeds poU) commence in the same way, — namely, 
 by the title "This Indenture," followed by the date and 
 the names of the parties in the order which I have before 
 explained. The recitals, where there are any, follow 
 iomiediately after the parties, then the witnessing part, 
 the operative words, the parcels and general words, the 
 habendum, and the covenants, just as in the conveyaiice 
 
50 THE FIKST YEAK. 
 
 from Stokes to Styles, the difference 'being only id the 
 matter and not in the manner of the deed. To this general 
 rule there are, it is true, some few exceptions, of which an 
 "Assignment of Leaseholds" and a partnership deed are, 
 perhaps, the most important; and in the case of mortgages 
 and other securities, there are additional clauses neces- 
 sitated hy the fact of the deed being meant as a security 
 only, and not as an absolute sale or transfer of the pro- 
 perty; but to these exceptions I do not just now propose 
 directing your attention; and you may therefore take it 
 that, as a general rule, this uniformity is observable in 
 most regularly drawn deeds. There is, however, one very 
 large exception to this in the class of instruments called 
 wills, which are the expressions of a living man's desires 
 with regard to the disposition of his property, published 
 and taking effect after his death. Wills, indeed, stand 
 apart by themselves in the list of legal documents; they 
 are mostly prepared in quite a different way from deeds 
 inter vivos (that is, instruments made between living parties) 
 and are often drawn up by non-professional persons; and, 
 what is more, they are construed (or interpreted) in quite 
 another manner by the Courts, the maxim on this head 
 being, that "a will is to be construed according to the in- 
 tention of the testator." This same "intention" is often- 
 times a very difficult thing to find out, and, consequently, 
 the Court of Equity (which is the recognised tribunal for 
 the interpretation of wills, in the same way as the Court 
 of Probate is for their preliminary proof) is continually 
 engaged in trying to make out the intentions of illiterate, 
 contradictory, or crochetty testators. 
 
 To return, however, to our present subject, which is the 
 general form of deeds. These are, as I have said, mostly 
 cast in the same mould; but, inasmuch as the objects 
 sought to be effectuated by them are so infinitely diverse, 
 it foUows that the matter stated in these regularly- 
 
THE PIEST TTEAE. 51 
 
 patterned forms is as various as are tlie interests and 
 objects of men themselyes. Nothing, for example, can be 
 more uniform tban tlie form in -wMch. all recitals are cast, 
 ■whilst nothing can be more diverse than their subject- 
 matter. All recitals, of whatever description the instru- 
 ment may be, occupy the first or preparatory part of a 
 deed, and they are all statements of facts, commencing 
 with the word "Wliereas." But, as you must see, it 
 makes a great difference in the substance of a recital 
 whether one sort of fact or another is to be recited ; 
 whether the matter to be recorded is that A. and B. have 
 agreed for the purchase of a house, or that A.'s daughter 
 is going to marry B.'s son. Indeed, by following up the 
 recitals of a deed carefully and in their order, you can 
 always (unless the draft has been most carelessly prepared) 
 ascertain the facts ia their order of occurrence. ■ Let me 
 give you. two cases in. instance of this : 
 
 r 
 
 Case No. 1. Thomas Hughes (who was the "devisee" 
 — that is, the party to whom the pro- 
 perty was left by will — of John Groves) 
 is selling a piece of ground to Eobert 
 Jones. 
 
 Case No. 2. James Carey (heir-at-law of his late 
 father, Richard Carey) is settling a cot- 
 tage and garden upon his daughter 
 Eose through the intervention of her 
 trustees, Messrs. Brown and Kobiason, 
 previously to her marriage with Mr. 
 Preston. 
 
 In the former of these two cases the facts required to be 
 proved are (1) John Groves' right to the property; (2) His 
 will leaving it to Thomas Hughes ; (3) John Groves' 
 death; and (4) Thomas Hughes' agreement to sell the 
 
 D 2 
 
52 
 
 THE TIEST YEAE. 
 
 property. In the. second, the requisite facts — ^fhe lioks in 
 the. chain— are (1) The right of .Eichard Carey ia the 
 property; (2) His death; (3) The manner in "whicTi James 
 Carey became possessed of it ; and (4) "What he iatends to 
 do with it, by the deed in question. Now, see how the 
 recitals follow out this arrangement step by step^ 
 
 Case I. Conveyance ly ■ Thomas 
 J^-unhes to Soiert Jones, 
 
 {!.)■ ."Whereas by Inden- 
 tures of Lease ■ and Re- 
 lease the latter dated Ist 
 January 1800 and made 
 between Arthur Mullins 
 and John GroTes for 
 the considerations :therein 
 mentioned the said Arthur 
 MiillinB granted and con- 
 veyed unto the said John 
 Groves and his heirs the 
 lands iereditaments and 
 premises hereinafter par- 
 ticularly described (by the 
 degpription of aU that, 
 &c.] To hold unto and to 
 the use of the said John 
 Groves his heirs and as- 
 signs for ever." 
 [There you see Groves 
 
 gets the fee-simple.J 
 
 .Case II. Conveyance 'upon trusts 
 (or settlement) by /,, Carey to 
 Messrs. Brown and Roiinson. 
 
 (1.) "Whereas by Inden- 
 tures of Lease and Release 
 dated 2d and 3d April 1812 
 and made between John 
 Doe and Eichard Eoe of 
 the first part Timothy Lead- 
 bitter and Eliza Jane his 
 wife of the second part and 
 Eichard Cilrey of the third 
 part for the considerations 
 therein mentioned the said 
 John Doe and Eichard Doe 
 granted released and con- 
 veyed and tlie said Timothy 
 Leadbitter and Eliza Jane 
 his wife granted and con- 
 firmed unto the said Eichard 
 Carey and his heirs all that 
 the said land tenements and 
 hereditaments [description] 
 to hold unto and to the use 
 of the said Eichard Carey 
 his ieirs and assigns, 
 [Doe and Eoe in this case 
 
 were trustees , oj JSiIrs. ; Lead- 
 
.THE fikst; year-. 
 
 53 
 
 Case I. Conveyance. 
 
 (2.) " And whereas by Ms 
 last will and testament 
 dated lOth March 1839 
 the said John Groves de- 
 vised the said heredita- 
 ments and premises (by 
 the description herein- 
 after contained) unto- the 
 said Thomas Hughes 
 (party hereto) his heirs 
 and assigns for ever." 
 (3 . ) " And whereas the said 
 John Groves died on the 
 Ist May 1841 and was 
 buried at the parish 
 church of' Wooton under 
 Edge Somersetshire." 
 [By these two steps you 
 see Hughes gets the pro- 
 perly.] 
 
 (4.) "And whereas the said 
 Thomas Hughes has 
 
 Case II. Coiiveyance upon 
 Trusts. 
 
 bitter's majriage settlement; 
 and Mr. and Mrs. Leadbitter, 
 the beneficiaries (or, as they 
 are termed, cestui que trus- 
 tents) joined in the convey- 
 ance for the purpose of con- 
 veying the- equitable as well as 
 the legul estate.]* 
 (2 . ) " And whereas the said 
 Eichard Carey died on the 
 7th day of June 1853 a 
 mdower and intestate leav- 
 ing the said James Carey 
 his eldest son him survi- 
 ving." 
 
 [This- is James Carey's 
 title.] 
 
 (3.) "\And wherfeas a mar- 
 riage has been agreed upon 
 and is intended shortly to 
 be solemnized between the 
 said Eose Carey and the 
 said John Preston and the 
 said James Carey is- de- 
 sirous of conveying the said 
 hereditaments and premises 
 
 • to the said Alfred Eobinson 
 and Philip Brown upon to 
 
 * These terms, will be explained a few pages f artheir on,, 
 
54 THE TIEST TEAE. 
 
 Case I. Canveymcs. Case II. Cmweymwe upon 
 
 agreed with the said and for the trusts intents 
 
 Eolaert Jones for the ab- and purposes hereinafter 
 
 solute sale to him of the expressed." 
 
 said hereditaments and [Miss Carey and Mr. Pres- 
 
 premises for an estate of ton have heen made parties 
 
 fee-simple free from all to the deed, for the sake of 
 
 incumbrances for the fixing the latter -with a full 
 
 price or sum of SOOl." knowledge of the transac- 
 
 [This is the agreement tion, so that there can be no 
 
 which the after-part of question as to any imposition 
 
 the deed carries out.] upon him as to the future 
 
 husband of the lady .J 
 
 I shoidd advise you as a matter of practice, to construct 
 for yourself different sets of circumstances, and draw 
 recitals to meet them. You will find, in a week or two, 
 much less diflB.culty in expressing facts in precise and 
 accurate language, such as that in which recitals are framed 
 by conveyances. 
 
 .There is little variety in the Testatum part of deeds, 
 because here a fixed form is followed. After the statement 
 of "consideration," the parcels, &c. come the "limitations," 
 concerning which I have already said sufB.eient for my 
 present purpose. The covenants, provisoes, &e. which 
 ,conelude the deed are, however, almost as varying in their 
 nature as the recitals. In the common instance of a con- 
 veyance in fee, you have seen that the covenants are " for 
 title," "against incumbrances," "quiet enjoyment," and 
 " further assurance ; " and, indeed, these are the most 
 useful covenants; but, even in conveyances, the circum- 
 stances of the case often require additional covenants; 
 whilst, in the instance of leases and assignments of leases, 
 they are altogether different — ^providing for the payment of 
 
THE FIKST TEAE. 55 
 
 rent, repairing, insimng, and kindred objects. You must 
 also bear in mind that securities (such as mortgages of real 
 and personal property, &c.) differ greatly from conveyances 
 in the covenants and provisoes which follow the " tenen- 
 dum" or " to hold " clause. 
 
 In the second of my two " cases " — Carey to Brown and 
 Eobinson — ^you will perceive I have used the words " legal 
 and equitable estate," "beneficiaries or cestui qui trus- 
 tents"- &c. ; and you are doubtless desirous of knowing 
 what these expressions mean. For the purpose of ex- 
 plaining these, I must now enter upon a consideration of 
 the third great division of the law — ^that is. Equity. The 
 origin of the Courts of Equity you will find explained very 
 admirably in one of the first books on that subject which I 
 shall put in your hands, Haynes' Outlines of Equity ; but 
 at present it is only needful to say that they first arose, 
 some four or five centuries since, in ■ consequence of certain 
 very material deficiencies existing in the then Courts of 
 Common Law. The distinction — ^which was apparent from 
 the first between these two tribunals, — ^the Courts of Law 
 and the Court of Chancery, — although latterly assimi- 
 lated, stni exists in both their principles though not now 
 in their procedure ; and perhaps the best service I can just 
 now render you, is to strongly counsel that you keep the 
 principles of common law and equity quite distinct in your 
 mind. It is not expedient that I should here enter at all 
 fully into the details of Chancery practice. I shall only 
 just now give you a very brief outHne of what they were 
 and are. 
 
 Formerly, proceedings in. the Court of Chancery -ordi- 
 narily commenced with a bill of complaint, served by the 
 plaintiff on the defendant. When the latter had ' ' appeared," 
 a second document, called "interrogatories," was served on 
 him: these "interrogatories" were, in form, questions 
 asked by the plaintiff of the defendant in respect of the 
 
56 THE riEST YEAE. 
 
 different allegations in the biU of complaint. These 
 interrogatories the defendant had to answer mthin a 
 certain time ; and then after evidence, written (that is, hy 
 affidavit) and oral, had been adduced, the matter ultimately 
 came before the Chanceiy Division of the High- Goiirt of 
 Justice. Now, however, the Chancery proceedings are 
 assimilated as nearly as may be, save in the practice of the 
 Chief Clerk's Chambers and other minor details; and, 
 except in the cases mentioned in the 34th section 'of the 
 Judicature Act, 1873, the plaintiff may proceed either in 
 the Chancery or Common Law Divisions of the High Court 
 at his option. Over this Division preside, as chief, the , 
 Lord High Chancellor, who is the highest legal func- 
 tionary in the kingdom ; and he was assisted by the Master 
 of the EoUs, the Lords Justices and Justices of Appeal, 
 and the Vice-Chaneellors, and by subordinate ofB.cers. 
 The latter of these sit in what are called " Chambers," 
 as do the higher judges also ; and you must very carefully 
 remember that the business, both of Courts of Equity and 
 of Courts of Law, is transacted in each case before two 
 ■different kinds of tribunal ; the one called " the Court,*' ia 
 which the judges sit publicly, with or without a jury, and 
 -the other called "Chambers," in which the judges and 
 their subordinates sit privately, and without the aid of 
 jurymen. In each instance, also, the " Courts " and 
 " Chambers " serve distinct purposes ; in the former, the- 
 causes themselves are publicly heard ; in the latter, appli- 
 cations, incidental to the main cause,- are made, from time- 
 to time, during the proceedings as occasion may arise. 
 •As an example of the different functions of " Courts" and 
 " Chambers," supposing A. sued B. in the Chancery Division 
 of the High Court for redress, the case would of course 
 come on before one or more of the judges in open coui-t ; 
 but, supposing it were necessary before finally disposkig of 
 the case, to ascertain how A. and B. stood to each other in 
 
.THE FEKST TEAS. 57 
 
 regaxJ to money-matters, in this instance tlie cause woiild 
 be what is called "referred to Chambers," to aacertaiii 
 rwhat is the state of accounts hetrceen 'K^ and B. Again, at 
 law, supposing 0. to sue D. for damages for an assault, the 
 ease will be tried, witnesses heard and verdict given "in 
 ;Court ; " but should it become, necessary for D. to obtain 
 an extension of the time allowed for pleading, he will have 
 -to apply for, it "in Chambers." 
 
 But it is quite time to explain "the meaning of these 
 terms used in. the Court of Chancery — "legal estate," 
 ,"eqTiitable estate," "■ cestui qui trustent" Sx. One of the 
 principal subjects over which equity exercises jurisdiction 
 is that of "trusts." A trust is a confidence reposed' in a 
 person to do; or to refrain from doing, a certaia thing- 
 Thus, if my father were to give you five shiUings for you 
 to buy a concert-ticket for me,, that would. be "a trust,!' 
 and you would be said to "hold" the five shillings, until 
 you have bought the ticket, and then the ticket , itself 
 "in trust" for me^ In other words, you will be' the 
 "trustee" of the ticket, and I the "cestui qui trust," or 
 beneficiary, for whose benefit you so hold it. But inas- 
 much as y,ou have bought, and have the possession of the 
 -ticket, although, it was with money intended for my benefit 
 you bought it, still, you are. for the time in its, legal and 
 lawful possession, and you are said to have "the legal 
 estate" in it. On -the other" hand I, for whose benefit 
 the ticket was really bought, have an equity, or equitable 
 right to demand it of you, and therefore I am said to have 
 ','the equitable' estate." Now, substitute a piece of land 
 for a concert-voucher; the principle is the same. "A. con,' 
 veys a house and land" (which is the same as handing avei- 
 money) "imto and to the use of B. and his h.eifs, upon 
 tnist to let it,- and pay the rents. obtained .by.letting to. C." 
 In this case it is quite clear theit- B. has the legal estate 
 (that is, the possession of the property -recognized in the 
 
 D 5 
 
58 .THE ITRST TEAE. 
 
 Courts of Laio), because it lias been directly conveyed to Mm 
 in fee simple; but then, as long as C. Kves, C. has a right 
 to insist upon two things: (1) that B. shall let the property, 
 and (2) that he shall hand over the rent obtained by letting 
 to him (C.) the beneficiary or cestui que trust; and C, by 
 applying to the Chancery Division of the High Court, can 
 compel B. so to do. But in the Common Law Divisions, 
 on the other hand, B. alone is recognized as the owner. 
 Suppose, therefore, this case: that B. has let the property 
 to D., who won't pay his rent: now if it is desired to eject 
 ■ (that is, legally turn out) D. from the premises, it is B., 
 and not C, who must bring the action against D. But 
 aga,in, suppose that after B. has ejected D., he keeps the 
 property wrongfully in his own possession; or supposing 
 he has received the rent from D., or has recovered damages 
 against D., in Heu of rent, and refuses or neglects to hand 
 over the money to C. ; the latter can issue a writ of sum- 
 mons against his trustee (B.) in the Chancery Division, 
 and the Court will compel B. in the one case to let the 
 property, and in the other to hand the money over to C. 
 But in the Common Law Division he could not accomplish 
 this; because though, tmder the Judicature Acts, Courts of 
 Law are bound to take notice of equitable doctrines, still, by 
 the 34th section of the Act of 1873, the Chancery Division 
 has exclusive jurisdiction in the execution of all trusts. 
 You now, I hope, understand what a "trust" is, and why 
 it is that the Court of Chancery {i. e. Eq^uity) deals with 
 trusts. 
 
 Besides "trusts," the Chancery Division exercises, a 
 large and powerful jurisdiction over many other matters.* 
 "Partnership" is one of these; and if one partner has any 
 complaint against the other, and desires to have a balance 
 
 * See 24th section of tte Judicature Act, 1873, and Bedford's 
 Gmd( (Editor's note). 
 
THE I'IBST YEAB. 59 
 
 of accounts witli Mm and to dissolve the partnersMp, he 
 ■must appeal to equity for those purposes; because a Court 
 of Law looked upon two or more partners as one person (so 
 far as their business matters went) ; and as it was a maxim 
 of law that "a man cannot bring an action against him- 
 self," it was evident that one partner could not, as a general 
 rule, sue another at law. But, as you have seen, he had 
 his remedy in equity, which regarded partners for what 
 they really were — separate and distiact individuals, in 
 their business as well as out of it; and therefore, i£ one of 
 them had cause of complaint against another in. business 
 matters, equity would give him relief.* It was only, 
 remember, in business matters that the law regarded part- 
 ners as one single person; if A., for instance, assaulted his 
 partner B., there could be no earthly reason why B. should 
 not have brought an action against A. in a Court of Law. 
 And, as between the public and the firm (though not as be- 
 tween the partners themselves), even equity regarded them 
 as one person; thus, i£ A. and B. were partners in trade, 
 and A. accepted a bill of exchange in favour of C, and 
 misapplied tiie money which he received from C. for it, stUl 
 the transaction was held binding upon B., in equity as weU 
 as at law, so far as 0. was concerned. 
 
 The above may serve to convey to you some faint notion 
 (for I can as yet give no more) of what equity is, and in 
 what respects it differs from law, strictly so termed. There 
 are yet two other great divisions of the law at which I can 
 barely glance — ^they are (1) criminal law, and (2) bank- 
 ruptcy.! Of the former of these I wiU only say, that it 
 
 * It must be remembered that the Chancery Division has stUl 
 exclusive jurisdiction in. the dissolution o£ partnerships (Editor's 
 note). 
 
 t "We would refer the student to Bedford's Guicle to Bmlcrvptcy, 
 ■where the subject is fuUy treated on, published by Stevens and Sons 
 (Editor's note). 
 
60 THE FIRST TEAli. 
 
 is the code of la-^^^ ^hidh gorems th& arrest, examination, 
 trial and punisliment of persons accused of crimes or 
 offences. As I do not intend doing more as to this hranch 
 -of the lav than merely directing your attention to the hest 
 •works to read to gain a knowledge of it (which I will diily 
 attempt hereafter),* I shall give you no examples of the 
 various crimes which our Statute-book provides against, 
 nor describe their punishment. Bankruptcy law is a 
 system which provides for the case of debtors unable to 
 meet their engagements, and is a most important branch 
 of the law to all connected with commercial pursuits. It has 
 a sepairate court of its own, called the Court of Bankruptcy, 
 in BasinghaU-street, which again has branch courts for dif- 
 ferent districts of the country ; and over these courts judges, 
 called "commissioners," preside. When a man finds tha,t 
 •his creditors are pressing him, and that it is impossible for 
 ■biTin either to pay, or to enter into any private arrangement 
 with them, he "presents his petition for liquidation" to the 
 Court of Bankruptcy, which, after various examinations of 
 biTTi and his accounts, appoints one of the creditors, chosen 
 by themselves (called "the trustee"), to "get in the assets" 
 — ^that is, call in all the money due to the bankrupt, and 
 turn his stock, furniture, &c. into cash; and, the "assets" 
 being so realised, the trustee, after deducting the expenses 
 of the bankruptcy, distributes "a dividend" rateably 
 amongst all the creditors, and thereupon the bankrupt is 
 "discharged" from all his liabilities, and free to commence 
 the world afresh. If the creditors choose, they can take 
 the matter into their own hands, and one or more of them 
 can (under certain conditions) file a "petition" against the 
 bankrupt, and thereupon proceedings similar to those above 
 detailed take place, and a dividend is declared. The Court 
 of Bankruptcy has the same powers of examining witnesses 
 
 * See Chap. VI. and Appendix. 
 
•THE FIRST TEAE. SI 
 
 on oatli, &c, as the courts of law;' and the trustee has 
 various incidental powers, such as ordering the hankrupt's 
 " real" property to'he sold, and himself (if he has behsCved 
 fraudulently) imprisoned, or otherwise punished, according 
 to circumstances. 
 
 Having now glanced over the different subdivisions of 
 the law, and offered you some insight into- the- nature of 
 ■the various sorts of work with which you wiU" in future be 
 occupied, I shall not longer delay you in this opening 
 chapter than by advising you to do your utmost, during 
 your first year, to familiarise yourself with office- work and 
 official routine. Let nothing that passes escape your 
 attention: do not obtrude your inquiries at unsuitable 
 hours, but make notes from time to time of the matters 
 which the books you are readiug either do not notice; at aUj 
 or do not satisfactorily explain, and seek their solution as 
 opportunity offers. 
 
 A very excellent plan is that of reading all the office 
 letters, after your principal has perused them, and more 
 especially those- from the town agents. The latter, 
 properly studied, are a mine of knowledge in themselves, 
 and will afford you, whilst stUl ia the co-untry, an oppor- 
 tunity of, to a great extent, familiarising yourseK with the 
 details of London practice. I should be trespassing far 
 too much on my limits — already somewhat overstepped — 
 if I attempted to even glance at the matters you -will find 
 discussed and communicated in the letters, from your 
 principal's town agents: I can only, in a. word, advise you 
 never to miss reading them in the mofcoing; and I should 
 further counsel the perusal of your principal's letters in 
 reply to his agents, as well. Side by; side -with this 
 attention to the office correspondence, is that which you 
 should bestow, upon those important documents, bills of 
 costs; , A properly dra-wn bBl of costs is a perfect history 
 of the transactions to which it relates,' set out in due 
 
62 THE ITERST TEA.E. 
 
 clironologleal order: its usefulness as a study can hardly 
 be overrated. 
 
 A word as to your division of your time. As a general 
 rule, the business of a solicitor's office commences a little 
 before ten o'clock in the morning, and concludes (except 
 at assize time, or when there is a heavy run of work) 
 about five, or half-past, in the afternoon. These hours 
 are, i£ properly occupied, quite long enough, not alone for 
 the health of your body, but for that of your mind also. I 
 should advise you, on leaving the office, always to take a 
 good half-hour's walk, if the weather is at all fine, before 
 going home to dinner. If the domestic arrangements at 
 home any way permit of it, you had far better dine at six 
 or half -past six o'clock in the evening, than in the middle 
 of the day. Apart from the fact of a one o'clock meal 
 taking you away from your office at the very best time for 
 work — when you are well warmed into it, and are not, as 
 yet, in the least fatigued — I have found (after trying both 
 plans) that it is next to impossible to do anything satis- 
 factorily for at least an hour, or an hour and a half, after 
 the meal of the day : work done immediately after dinner 
 will be not only, as a rule, badly done, but will act 
 injuriously upon your physical constitution, if regularly 
 pursued. I should, therefore, advise that you recreate 
 yourself after dinner with an amusing book, a game of 
 chess, or a little music, as may commend itself to your 
 idiosyncrasy. After these relaxations, aided by a cup of 
 tea, you will find yourself, about eight o'clock, quite ready 
 for the two hours' reading which I recommend to you 
 from the beginning. Your book should, of course, 
 accompany you to the office, but must be discarded 
 whenever practical work presents itself. This two hours' 
 reading per night, regularly persisted in, wUl be quite 
 sufficient to make you, in the course of five years, a verj' 
 weU-grounded, if not a deeply-learned, book-lawyer. 
 
THE FIRST TEAE. 63 
 
 PART II. 
 
 Course of reading for the first year: Lord St. Leonard's Smckj-hooh, 
 Stephen's Blaclcstone, Williams' Seal -R-qpej-iy^- Practical hints 
 on reading — System of self-examination. 
 
 We all know how difficult is tlie cominencement of aE 
 learning. The child of seven, upon whose infant mind 
 the teacher strives to impress the fact of twice two being 
 four, has far more difficulty in apprehending that truth 
 thaa he will afterwards experience, when (well grounded 
 .in the elements of arithmetic and algeTbra) he encounters 
 conic sections and the differential calculus, and has to 
 learn the theories upon which they are based. Archimedes, 
 demanding a "place to stand on," prior to that little 
 -operation of turning the world with his lever, asked for 
 a very g^eat deal more than at first sight woidd appear. 
 In like manner you, in attempting to master the first 
 principles of the extensive and abstruse science of real 
 property law, will find your greatest difficulties all lie 
 at the beginning. WiUiams, the first volume of Stephen's 
 Commentaries, and Sugden and Hayes once mastered, the 
 pages of Feame himself (most subtle of legal writers) 
 win require scarcely as much labour for their compre- 
 hension as the veriest elements of the law relating to 
 "incorporeal hereditaments" demanded of you at the 
 commencement of your studies. 
 
 And the help which I can here attempt to afford you in 
 your present need, is — must be — of the smallest. There is 
 no royal road to learning. You must dig and delve for 
 yourself with infinite pains, before you can bring the 
 
64 -THE WEST TEAE. 
 
 precious metal, knowledge, to the surface. All I can hope 
 to do is to point out, as an old miner, what tools will best 
 fit your purpose, in what order the different strata underlie 
 each other, and where you will do wisely to commence 
 your operations. And, after aU, I must leave you to dig. 
 
 The first book to which I would direct your attention is 
 a little, inexpensive manual, written by that grand old real 
 property lawyer, Sugden, and known as Lord St. Leonards' 
 Handy-hooTc. "Written in the form of lectures, and addressed 
 more to laymen than to the profession, you will have, even 
 at first, but little difficulty in comprehending it: and a 
 second attentive perusal can hardly fail to leave you con- 
 siderably wiser than before. So popular in its style, so 
 easy to read and to understand, is this Handy-hooh, that it 
 is quite imnecessary for me to analyse it here, or in any 
 way to attempt any assistance to you whilst reading it. 
 Indeed, the only danger is lest you may be tempted to 
 read Lord St. Leonards' Handy-hooh m. the same manner as 
 you would a work of Thackeray's, or Charles Kingsley's, 
 or any other clafisic of modern literature — ^that is, atten- 
 tively and with a due appreciation of the beauty of the 
 style, no doubt, but without any minute observation of the 
 matter. Elegant and attractive as the Handy-hooh maybe, 
 you must remember that you are reading it not as a study 
 of English composition, but as an epitome of facts. 
 In reading this little book you must bear in mind that 
 to read a law book with any effect, you must recollect 
 accurately the substance of everything between its ttoo covers. 
 Above all, in reading, apply these rules: first, never skip 
 an (apparently) unimportant or uninteresting paragraph, 
 but read steadily through ; secondly, do not allow yourself 
 to pass by a sentence without fully understanding its mean- 
 ing, or, if that is for the moment impracticable, making 
 some note of it for after reflection and elucidation. 
 
 Another book which it is necessary for you to read (and 
 
THE FIEST YISAB. 65 
 
 ■wHoh, but a very few years since, was= put into the hands 
 of every articled clerk at the first moment of his entering 
 the office) is Mr. Stephen's edition of the Commentaries of 
 Sir "William Blackstone. The text of Blackstone is, con- 
 sidered merely as a specimen of English prose--vmtiag, one 
 of the classics of our national literatiire; but it possesses 
 still stronger claims upon the attention of the law student 
 in consequence of the variety of legal subjects treated 
 upon, and of the accuracy and clearness with which they 
 are stated. The modifications and additions recently made 
 by Mr. Serjeant Stephen have greatly increased its value 
 as a modern book of priictical utility. So far, at all events, 
 as the first and second volumes of Stephen's BlacTtstone are 
 concerned, you should lose not a day in afiquainting your- 
 self with their contents. "Written somewhat more diffusely 
 than Mr. "Williams' book, Blackstone is easier reading than 
 the latter to a beginner. The course I should recommend 
 you to adopt in reading the two earlier volumes of Stephen's 
 Blackstone is this : first peruse them carefully, making 
 copious notes, analyses, and compilations, after the manner 
 which I have already pointed out in my "Introductory- 
 Observations." This should be towards the commence- 
 ment of your first year, after finishing Lord St. Leonards' 
 Handy-hoolc, but before commencing "Williams on B,eal Pro- 
 perty. After a very careful and minute first perusal of the 
 latter book, you should then, towards the end of your first 
 year, read the two '( Williams and the second' volume of 
 BlacJestone) side by side, and collate the one with the other. 
 Both books treat of the same subject, but in so different a 
 manner (each most excellent of its kind) that it is quite 
 impossible that, between the two, you can escape leatning 
 something upon every branch of the law of real property. 
 Although one window may have its glass of an antique 
 -bottle-green colour, whilst the other is of a pinkish hue, 
 still you can see 'the exterior landscape through both/ and 
 
66 THE FIRST YEAE. 
 
 Tby that means also learn — ^wHoli perhaps you might not 
 otherwise do — ^that the view is neither rather greenish, as 
 it appears through the one glass, nor somewhat pink, as it 
 seems through the other. By looking with the eyes of 
 different people at the same object, you will gain a better 
 knowledge of its form than through the help of one pair 
 of eyes alone, however keen and far-seeing these may he. 
 
 I now come to the great piice de risistance of your first 
 year's reading — ^Mr. Joshua WUliams' Principles of the Law 
 of Real Property, and I confess to feeling something Kke 
 envy of you, about to experience a fresh "sensation" in 
 those pages, so clear, so logical, so elegant, and withal so 
 accurate. It is now some quarter of a century since Mr. 
 WiUiams' book first challenged the admiration of the 
 learned and unlearned of the profession; and it has, during 
 that period, constantly progressed in favour, and now occu- 
 j)ies, as a fitrst text-book of real property law, a position 
 somewhat similar to that which Adam Smith's Wealth of 
 Nations used to, and Mr. J. Stuart Mill's work now does, 
 take up with regard to the science of political economy. 
 The book is more than any other constantly on the lips of 
 articled clerks, and at the same time one which is regarded 
 by the seniors of the profession as a most reliable guide 
 and indisputable authority in many matters of practical 
 occurrence; it also holds — ^with Stephens' Blachstone^s Com- 
 mentaries — no small place in the estimation of a large 
 "outsider" circle of readers, recruited from the educated 
 class of laymen. Even if it were not, in addition, one of 
 the three books selected by the examiners as the touch- 
 stone and test of knowledge in the intermediate examina- 
 tions, Williams on Real Property would still demand your 
 best attention as a work of rare technical and literary 
 merits, in most unusual combination. I therefore neither 
 require nor make any apology for devotiag the latter 
 part of this chapter to an enumeration of its contents. 
 
THE PIEST YEAE. 67 
 
 Mr. Williams' book is divided into an introductory chapter, 
 and five "parts," or subdivisions, each treating of a sepa- 
 rate branch of real property law. In the introductory 
 chapter the author gives a brief but comprehensive sketch 
 of the early history of real property law in this country, of 
 the origin and nature of the feudal system, and of the 
 distinctions between real and personal, corporeal and in- 
 corporeal property. This introduction should (it is ahnost 
 unnecessary to say) be thoroughly mastered before the first 
 part of the treatise itself is even glanced at. Ample notes 
 should be made on loose sheets of paper at the time of 
 reading (and I would suggest that these notes should be 
 made, preferably, in pencU, as less fatiguing and cumber- 
 some in its manipulation than pen and ink), and these 
 notes should afterwards be carefully arranged, corrected, 
 and written out (in your own lang;uage as much as you 
 can) in your Commonplace-book. As a sample of the 
 method you should pursue with regard to the notes and 
 Commonplace-book, I here append examples of each, 
 founded on the commencement of Chap. I. of An Estate for 
 Life, pp. 17 — 20, Eleventh edition.* 
 
 1. R<mgh Notes. 2. Commmplace-book. 
 
 (Williams' R. P., chap, i.) 
 
 Land, no absolute own- There is no such thing as an 
 
 ership in; only an absolute ownership in land in 
 
 estate. this country. No man can have 
 
 the absolute ownership ; only an 
 
 estate in it. 
 
 * It is most important that, TrMlst a yotmg learner, you should 
 ■ consult and peruse the latest editions only of whatever text-books you 
 take up. Our statute law is so constantly changing, that what is 
 correct law one year oftentimes becomes altogether obsolete the next. 
 "When you are more experienced, this wiE be of less importance ; but 
 I would at present advise you to read no book on real property or 
 common law of which the date is prior to 1875, 
 
68 
 
 THE FIEST YEAE. 
 
 1. Hough Notes: 
 Estate for life. Smallest 
 estate given after 
 feudal system. In- 
 alienable -witliout 
 landlord's consent. 
 Grant "to A. B." 
 Feudal donations, 
 taken strictly. Ee- 
 verter. 
 
 Now, " Every grant to 
 
 be construed most 
 
 strongly against 
 
 grantor." 
 Grant "to A. B." at 
 
 present 
 In -wills is a question 
 
 of construction. 
 See now 7 WiU, IV. & 
 
 1 Yict. c. 26 (New 
 
 WiUs Act). 
 
 Estate pur autre vie; 
 cestui que vie. The 
 person first entering 
 the "general occu- 
 pant;" tbe heir "spe- 
 cial occupant." Sta- 
 
 2. Commonpldcs-booh. 
 
 Under the feudal system (brought 
 into England by William I.), 
 the smallest estate given to free- 
 men was an estate for life. 
 Therefore this is the smallest es- 
 tate of freehold. A grant "to 
 A. B." gave an estate for life 
 only to him, because feudal 
 donations were taken strictly, 
 and the heirs of A. B. were not 
 named in this grant. And even 
 now, although the present 
 maxim is that every grant shall 
 be taken most strongly against 
 the grantor," this rule still holds 
 good in deeds, and a conveyance 
 "to John Smith" would only 
 give John Smith an estate for 
 life, and not the fee. ■ 
 
 This is, however, not the ease 
 with wills, where the testator's 
 probable intention is observed. 
 In such a case as this, too, the 
 Act 1 Yict. c. 26 specially pro- 
 vides that John Smith is to take 
 the fee-simple, or whatever es- 
 tate the testator had to leave 
 (see sect. 28). 
 
 If the owner of the life estate 
 (call him A.) should sell it to 
 another (call him B.), B. will be 
 entitled to the land during A.'s 
 Ufe, and will be termed the 
 "cestui que vie." If B. died in 
 
THE :eiest teau.. 69' 
 
 1. Mough Notes. Commonplace-iook. 
 
 tute of Frauds, &c. A.'s lif^tiijie, formerly B.'s lieir 
 &c. would have no right for the 
 
 remainder of A.'s life estate; the 
 first person that came by might 
 have "squatted" on the vacant 
 land, and Hohody could have 
 turned him out. He was called 
 a " general occupant." Since the 
 Statute of Frauds; (29 Car. II. 
 c. 3), however, B.'s heir would 
 now take the land, subject to 
 B.'s debts, for the remainder of 
 A.'s life, as "special occupant" 
 &c. &c 
 
 The above will serve, perhaps, as well as a longer ex- 
 ample. You will obserre that, in the Commonplace-book, 
 the language of Williams is not adhered to, although the 
 substance is. You shoxdd, in fact, write original matter in 
 your Commonplace-book, with the guidance of the rough 
 notes written whilst you were actually reading your author. 
 Whenever you come to a passage which you cannot, after 
 due trial, understand, make a mark (thus — X) against it 
 in pencil ia the niargin. When next you open this book 
 and see the mark, reconsider the passage attentively. If 
 with your added lights you still cannot understand its 
 meaning, let the mark Temain from day to day untU you 
 do, and then, and not till then, erase it. 
 
 All these suggestions may seem, and indeed are, small 
 things V, but remember what the. Greek artist said: — 
 " Excellence is made up of trifles, but is itself no trifle." 
 
 The sort of book I should recommend for your Com- 
 monplace-book is a moderately thick quarto or octavo 
 volume bound in limp cloth ; and you should have one for 
 
70 THE PIEST YEAB. 
 
 eacli ■branch of your study, — one for Conveyancing, one 
 for Equity, and bo on. You should make a point of 
 devoting one evening in every week (instead of reading) 
 to looking over your rough notes, and transcribiag them 
 in yoiir Oonmionplace-hook. 
 
 Apart from the more rapid progress you mil, through 
 this practice, make in your legal studies, as weil as the 
 more orderly arrangement you will gaia, this habit of 
 " commonplacuig " mil, infallibly, greatly improve your 
 literary style ; and this ia itself, to a member of a learned 
 profession, ought to be no small matter. 
 
 Once ia every month (I should suggest the last Saturday 
 in the month, — but any Jixed i&j will do) you should 
 examine yourself. Write down a set of questions (say 
 twenty) on the subjects you have been getting up during 
 the past thirty days; then write the answers from memory, 
 and afterwards correct them from your text-books. This 
 practice will also serve a twofold purpose ; first, it wiU fix 
 what you have been reading more firmly in your mind; 
 secondly it wiU improve jovoc manner of answering ques- 
 tions, and cannot fail to be of service to you in your real 
 examination. You must admit that these are two plump 
 birds to have killed with one stone. 
 
 I win conclude this chapter by a short tabular analysis 
 of Part I. of Wniiam's Real Property ; and I think you 
 would find it well to make a siniilar description of analysis 
 for yourself of the remainiag portion of this book, and of 
 every other book that you read during your articles. 
 
 Analysis of "Williams on Eeal Peopeett." 
 
 Chap. $c. Subject. Short Summary of Contents. 
 
 Part I. Corporeal here- Eules introduced by the feudal 
 ditaments. system; the cestui qui vie; 
 
THE FIEST YEAE. 
 
 71 
 
 Chap. ^-c. 
 
 Ch. I. 
 
 Subject. 
 An estate 
 life. 
 
 for 
 
 Ch. II. An estate tail. 
 
 Ch. in. An Estate in fee- 
 simple. 
 
 SJiort Siemmari/ of Contents. 
 special and general occupants. 
 Tenancy for life an estate of 
 freehold. Eights of tenant for 
 life, — ^timher, equitable and 
 legal -waste, &e. ; right to 
 grant leases under 1 9 & 20 Vict. 
 C.120 ; his rights as to standing 
 crops or emblements; assist- 
 ance ofEered him in raising 
 money for drainage under 8 
 & 9 Yict. c. 56, and 9 & 10 
 Yict. c. 101, &c. as to con- 
 veyances and sales of settled 
 estates by the Court of Chan- 
 cery. 
 
 Estates tail, general and special, 
 male and female ; estates tail 
 are freeholds of inheritance ; 
 origin of estates tail in the 
 feudal system ; the effect of 
 the Statute Be Bonis; Tal- 
 tarum's case; the system of 
 fines and recoveries; super- 
 seded by 3 & 4 Will. IV. c. 74 ; 
 the Protector and his functions. 
 
 Origin and progress of the right 
 and alienation of estates; 
 persons incompetent to hold 
 lands (aliens, criminals, &e.), 
 or under disabilities (infants, 
 lunatics, married -women); the 
 law of mortmain; as to cor- 
 porations; the la-w against 
 fraudulent conveyances under 
 
72 
 
 THE iflEST YEAB. 
 
 Chap. $(!. 
 
 Suiject. 
 
 Ch. IV. 
 
 Ch. V. 
 
 Of tte descent 
 «f an estate 
 infee-simple. 
 
 Of the tenure of 
 an estate in 
 ■fee-simple. 
 
 Ch. VI. Of joint tenants 
 and tenants 
 
 Ch.. vii. 
 
 ■ m common. 
 Of a feoffment. 
 
 Ch. vni. Of uses 
 trusts. 
 
 and 
 
 Gh. IX. Of a modern 
 conveyance. 
 
 SJwrt Summary of Contents. 
 13 Eliz. c. 5; liability of fee- 
 simple estates to owners' debts, 
 &c. ; the law of heritage. 
 
 The law of descents under 3 & 4 
 Win. IV. c. 106; primogeni- 
 ture, coparcenary, &c. ; pre- 
 ference of male to female hue; 
 the nine cardinal rules of 
 descent. 
 
 "What a tenure is, and what 
 its iueidents ; of involuntary 
 alienation by escheat, intestat, 
 "bastardy, attainder, &c. ; of 
 certain exceptional tenures — 
 gavelkind, borough English 
 &c. 
 
 The four unities of joiut ten- 
 ancies; tenants in common; 
 partition by joint tenants. 
 
 Feoffment with livery of seisin, 
 its law and origin ; the Statute 
 of Uses (27 Hen. Vni. c. 10), 
 and its effects ; dissolution of 
 the monasteries ; the statute 
 8 & 9 Vict.. c. 106. 
 
 What an use was and is ; trusts 
 in the Chancery Division of 
 the High Court ; equitable and 
 legal estates ; the Trustee Acts. 
 
 Leases and releases ; the Statute 
 of Uses; the Statute 8 & 9 Viet, 
 c. 106 ; form of a modern 
 conveyance. 
 
THE rmSX YEAE. 
 
 73 
 
 Chap. ^c. Subject. 
 
 Ch. X. Of a mil of lands 
 
 Ch. XI. Of the mutual 
 rigMs of hus- 
 band and mf e. 
 
 Short Summarij of Contents. 
 
 The Old and New WiUs Acts 
 the essentials to the execution 
 of a will — its revocation, its 
 construction ; the functions of 
 the Chancery and the Probate 
 Divisions; executors, devisees, 
 legatees, and creditors, their 
 rights and liabilities. 
 
 Separate use; tenancy by the 
 curtesy; dower. 
 
( 74 
 
 CHAPTER n. 
 
 THE SECOND YEAB. 
 
 PAET I. 
 Practical view of the ordinary routine of Conveyancing — The inves- 
 tigation of Titles — Purchases — Leases — Securities — Settlements 
 —Wills. 
 
 Haydtg in your first year attained, in the manner pre- 
 viously indicated, some general knowledge of the doctrines 
 of real property law, it is now time for you to acquire an 
 insight into the practice of conveyancing — the art "by means 
 of which the science of real property law is carried into 
 effect. 
 
 Conveyancing may, at starting, be roughly sub-divided 
 into two great divisions — the first, the preparation of deeds ; 
 the second, the practical management of matters prelimi- 
 nary, collateral, or incident to such preparation. It is 
 obvious that if your client* A. is about to purchase property 
 of B., a great deal more is necessary to complete the trans- 
 action than the mere drafting and engrossing of the 
 conveyance itself. In the first place it will be your duty, 
 on behalf of A., to investigate the "title" which B., the 
 vendor, offers ; when this investigation is concluded, and 
 the title satisfactorily made out, it then is necessary to draw 
 the instrument of transfer, and, when this draft is ap- 
 proved of by those who are entitled to have a voice in its 
 preparation — that ^is to say, all the parties to the deed 
 
 * I here, for the sake of clearness, assume tjie reader to be acting 
 as solicitor in the matter. 
 
THE SECOITD YEAR. 75 
 
 other than your elieat — ^you -will finally have to "complete"- 
 the matter, and see that the deed you have prepared is 
 executed and stamped according to law. 
 
 The practice of conveyancing may, therefore, be thus 
 epitomised : — 
 
 (1) Matters preparatory to The preliminary contract, 
 
 the deed. investigation of title, and 
 
 matters incident thereto. 
 
 (2) Preparation of the deed 
 
 itself. 
 
 (3) Matters subsequent to Search for incumbrances — 
 
 the preparation of execution of the deed, 
 
 the deed. its stamping and regis- 
 
 tration (if necessary). 
 
 The preliminary contract and investigation of the title 
 will form, the first branch of our inquiry. 
 
 Contracts for the purchase of land, whether freehold, 
 leasehold or copyhold, are practically of two kinds ; the 
 fitrst being private, or ordinary contracts ; the second, con- 
 tracts arising out of a sale by auction. It is essential to 
 both these classes of contract that they should in every 
 case be reduced to writing, and signed by the contracting 
 party ; otherwise, by the Statute of Frauds, they will be 
 (except under special circimistances, not necessary to be 
 detailed here) of no legal effect whatever. But, although 
 it is necessary that each of these contracts should be in 
 writing, signed, and stamped with a sixpenny agreement 
 stamp, in order to give them due efiB.cacy, stOl they differ 
 one from the other sufficiently, in other respects, to make 
 it necessary for me to draw your attention separately to 
 each of them. 
 
 A "private contract" means an agreement made other- 
 wise than at a public auction. If A. goes to B. and says, , 
 
 e2 
 
76 THE SECOND YEAE. 
 
 '' I will gife' you 5001. for your house in Maudlin Street, 
 Bristol," and thereupon one of them writes down these 
 words, and A. and B. sign their names to it across a six- 
 penny stampi the transaction is then complete. B. still 
 remains the legal owner of the house, it is true, biit A. has 
 a right to call for a legal transfer of it to himself, hy a 
 regular deed, and B. will be compelled so to carry out his 
 contract in the Chancery Division, which (by a doctrine of 
 its own, termed " conversion"} in faCt loots upon A. as 
 the real equitable owner of the property from the moment 
 of this contract' having been signed. But although such 
 an agreement as this would be a perfectly vaUd. one, still 
 it is obviously a very disadvantageous arrangement for A., 
 who binds himself down to buy the house, quite ignorant 
 of what B.'s title to it may be. Of course, if B. has no 
 title to it at all — ^if , in fact, the house is not Ms — ^the con- 
 tract would not be insisted on at law or in equitj^, because 
 no man can sell that which is not his to sell : but supposing 
 there to be difficulties or delays in the matter, A. may be 
 put to a great deal of expense and trouble by having 
 entered into such a contract as the above— an "open 
 contract" it is termed — ^instead of insisting upon a regular 
 agreement, in which everytbing incidental to the piu'chase 
 shall be clearly stipulated for. It consequently follows 
 that nearly every regular contract or agreement of this 
 description contains a variety of stipulations, binding down 
 the parties to given particulars. As a sample of these 
 agreements, I here append a very simple one, made 
 between A. and B., for the sale of the house in Maudlin 
 Street ; and would draw your attention to the manner in, 
 which it disposes of the points which wiU probably occur 
 in the course of the transaction ; the express object of 
 such an agreement being to get rid of imcertainty, and it 
 being one of the fundamental maxims of law that, once 
 signed by the parties, such an^ agreement cannot be con- 
 
THE SECOITD YEAR. 77 
 
 tradieted or controlled by anything which either of them 
 may afterwards say in the matter.* 
 
 Agreement toe Sale of a House. 
 
 " An agreement made this day of between B. 
 
 of &e. (the vendor) of the one part and A. of &c. (the 
 purchaser) of the other part. The said B. agrees to sell 
 unto the said A. and the said A. to purchase of the said B. 
 all that house in Maudlin Street Bristol (here describe it 
 with all additions of gardens &c.) for the price of 600^. 
 sterling. It is hereby also agreed as follows: (1) That 
 
 the said B. shall on or before the day of furnish 
 
 at his own expense to the said A. an abstract of the title 
 in fee of him the said B. to the said premises commencing 
 with Indentures of Lease and Release dated the 1st Sep- 
 tember 1828 and the said A. shall not be at liberty to call 
 for any earlier title and shaU accept all recitals contained 
 in the same indentures as conclusive. f (2) That all certifi- 
 cates of birth marriage and burial statutory declarations and 
 other matters necessary for clearing up or perfecting the 
 title shall be procured by the said B. at his own expense 
 and that when the purchase is completed they shall be 
 handed over with the deeds to the said A. (3) That the 
 abstract of title to be furnished as aforesaid shall show 
 a clear title in the said B. to the said premises for an 
 estate in fee-simple without any incumbrances whatsdfever. 
 
 (4) That within days from the delivery of the abstract 
 
 the said A. shall investigate the title and make and 
 deliver his requisitions thereon to the said B. and any 
 requisitions not so made and delivered within that time 
 shall be considered waived and herein time shall be of 
 
 * "Parol evidence cannot be given to vary, subtract from, or add 
 to, a -written agreement. ' ' 
 
 t By the Vendors and Purchasers Act, 1874, recitals in, deeds 
 lip-wards of twenty years old as a general rule prove themselves 
 (Editor's note). 
 
78 .THE SECOND YEAE. 
 
 :tlie -essence of the contract. (5) That the conveyance (con- 
 taining all ordinary covenants) shall be prepared by and 
 at the expense of A. and shall be executed by both parties 
 at their own expense and the purchase-money paid by A. 
 
 to B. on or before the day of at the office of B.'s 
 
 solicitor and herein time shall be of the essence of the 
 contract. (6) That at the time of executing such convey- 
 ance the said A. shall also enter into a valid agreement (at 
 his own costs) to contribute to the expense of keeping 
 up the main drain under the said premises in like manner 
 as the said B. is now obliged to do and to indemnify the 
 said B. from any demands that may be made on bim in 
 relation thereto. (7) That immediately on the conveyance 
 being executed and the purchase-money paid the said A. 
 shall have possession of the said premises. (8) That all 
 outgoings in respect of rates and taxes shall be settled and 
 apportioned between the parties hereto as from the day on 
 which the said A. shall so take possession the said B. 
 paying aU such rates accruing due before and the said A. 
 paying all accruing due after the day that possession is so 
 
 taken. (9) That the insurance for £ already effected 
 
 on the said premises in the Kre Insurance Office shall 
 
 be held by the" said B. until the time possession is given to 
 the said A. and immediately thereupon shall be duly trans- 
 ferred into the name of the said A. (10) In case any 
 damage from any cause whatever be done to the premises 
 between the day of the date hereof and the day when pos- 
 session shall be taken by the said A. the said B. shall 
 satisfy and make good the same. (11) In case the pur- 
 chase-money is not paid on the day hereinbefore appointed 
 the said A. shall pay to the said B. interest at the rate of 
 GL per cent, per annum from that day until payment is 
 actually made. (12) That if the said B. shall fail to make 
 a good title to the premises within the time above limited 
 the said A. shall be at liberty thereupon to rescind this 
 
THE SECOND TEAK. 79 
 
 agreement and recoTor the expenses incurred by Tn'm in 
 relation thereto and also damages for the breach of con- 
 tract of and from the said B. as and for hqnidated damages. 
 And if the said A. shall faU to perform his part of this 
 agreement the said B. shaU. be liliewise at liberty to rescind 
 the agreement and recover his expenses and damages for 
 the breach of contract of and from the said A. But nothing 
 herein contained shall prejudice the rights of either party 
 to enforce specific performance of this agreement in the 
 Chancery Division of the High Court or otherwise as they 
 may be advised." * 
 
 Of course, special provisions vdll be incorporated in the 
 agreement, where necessary, and it must be duly signed 
 by both parties and an agreement stamp impressed. 
 
 A contract made on a sale by auction differs from one of 
 the Mnd we have now been considering, inasmuch as it is 
 divided into two parta; — the first called "Particulars," 
 embracing a full and accurate description of the premises 
 sold ; and the second, called " Conditions," containiag 
 stipulations somewhat similar to those in the above con- 
 tract, but still more fuUy and formally expressed. These 
 "Particulars and Conditions " are generally printed ; and 
 underneath them will be found a short printed agreement 
 to abide by them, which has to be signed by the purchaser, 
 and stamped, in like manner as a private contract. My 
 limits will not allow of my giving you any specimens of 
 particulars or conditions of sale ; but I should counsel you, 
 before proceeding any further with this chapter, to get a 
 print of some particulars and conditions (you are sure to 
 find several lying about the office), and make a fair copy of 
 them for your own use. Tou will see that they vary much in 
 different cases, according to the nature of the property sold 
 and the state of the title ; and it is well to bear in mind 
 
 * I would suggest that the student would find a somewhat simpler 
 form of agreement in Davidson's Concise Precedents (Editor's note). 
 
80 THE SECOND YEAE. 
 
 tliat botli these conditions of sale, and. tlie agreements made 
 on a private contract, require as mucli Bedulous care in 
 their preparation as the conveyance itself does. 
 
 After this preliminary contract has been signed by your 
 client A., an abstract of B.'s title wiU be sent you in due 
 course by B.'s solicitor. An abstract of title is a sort of 
 summary or abbreviated copy of the vendor's title, and is 
 furnished in every case where property is either sold, mort- 
 gaged, settled, or leased. It contains statements of facts 
 (such as births, deaths, marriages, intestacies, &c.) neces- 
 sary to elucidate the title ; and also an abbreviated copy 
 of every essential deed. For the convenience of perusal 
 (and for no other reason) a settled form is adopted, in 
 prexoaring the abstract, which I will here explain to you. 
 The sheets of brief-paper on which the abstract is written 
 are divided or ruled off into five margins. In the first or 
 outer margin, the date of the deed or fact (as the case may 
 be) to be abstracted is written. In the second margin, aU. 
 statements of facts — of birth, death, marriage, &c. — are set 
 out ; and here also will be found the " Testatum" clauses, 
 and all that part of a deed which is before the recitals 
 (title, names of parties, &c.), and also the covenants and 
 provisoes. In the third column the recitals are set out ; 
 whilst the fourth is devoted to the hahendum, uses, &c. ; 
 and the fifth, or innermost, to the "parcels," and state- 
 ments as to execution and registration. Let me try and 
 make this clear by a diagram : 
 
THE SECOMD YEAR. 81 
 
 5. Farcils and General Words, ^e. 
 
 
 1st Jan. ^iitetiivf made bet-ween Tom Jones of Dartmoor 
 1860. in the County of Devon Esquire of the one part 
 and Roderick Eandom of Random Hall Dorset- 
 shire Esquire of the other part : 
 
 ^frittJV0 that by an indenture dated &c. 
 Peregrine Pickle granted and conveyed the 
 hereditaments and premises hereinafter men- 
 tioned to Humphrey Clinker and his heirs : 
 '^xiis watiKg that by his last will and testa- 
 ment in writing dated &c. the said Humphrey 
 Clinker devised the said hereditam.ents and 
 premises (by the description of " All my house 
 at Kensington in the County of Middlesex" 
 &c.) to the said Tom Jones and his heirs': 
 gtttir tmiiw^ that the said Tom Jones had 
 agreed with the said Roderick Random for 
 the sale of the said hereditaments and pre- 
 mises for the price of lOOOZ. : 
 ^t Ijjas JtoitMfSSfit that in consideration of lO-OOZ. 
 (the receipt &c.) the said Tom Jones granted con- 
 veyed and assured imto the said Roderick Eandom 
 and his heirs 
 
 ^n t]^irf house garden and premises 
 being No. 1 High Street in the Parish 
 of Kensington in the County of Middle- 
 sex then in the occupation of one Abel 
 Drugger as yearly tenant, 
 ■ E 5 
 
'82 THE SECOND YUAE. 
 
 S 
 
 
 5. Parcels and General Words, ^e. 
 
 ^ tq 
 
 i-l <N 
 
 %xCit all liouses &c. 
 gtutr all the estate &c. 
 ®0 Iwlir same TJnto and To the use of 
 said Roderick Random his heirs and 
 assigns for ever. 
 ®0teirjtl!J by said Jones that he had good right 
 to convey— For quiet enjoyment — Free from in- 
 cumbrances and For further assurance. 
 
 (&ui\xitis by said Jones and Random 
 and attested. 
 
 Ufmgt for consideration money in- 
 dorsed signed and witnessed. 
 %t%niat!5 in Middlesex Registry' 
 10th January 1860 B. 3 No. 1782. 
 
 A few things call for notice in this abstract. The &st 
 is, that the whole of the deed is put in the past tense. In 
 fact, the abstract is recording things which, when the 
 conveyance was executed, were then subsisting (such as 
 the tenancy of Abel Drugger), but which, at the date of 
 the abstract, might or might not be stUl existing. On 
 that account not only are the recitals put in the past tense, 
 but also the testatum, parcels, &c., which in the conveyance 
 now abstracting were in the present tense. Another 
 noticeable point is the brevity of the language : the ab- 
 stract records only such part of the deed as is necessary to 
 show Random's title; and as only the " usual covenants " 
 were contained in the abstracted deed, they could con- 
 veniently be put shortly: had the covenants been unusual 
 
THE SECOND TEAS. 83 
 
 ones (as for maintenance of drains, paving road, erecting 
 buildings, &c.), they -would have been set out verbatim. 
 You will also notice that, the property lying in Middlesex, 
 the conveyance has been registered in accordance -with the 
 Act. This you mil verify by searching (through your 
 town agent) in the registry. Had it not been registered, 
 you would have demanded its registration in your "requi- 
 sitions," before proceeding with the purchase. Of this 
 more hereafter. 
 
 Having received the abstract from the vendor's solicitor, 
 your first step, acting for the purchaser, will be to look it 
 carefully through (taking notes of the deeds on a separate 
 sheet of paper), to see that you understand and can follow 
 the title. You will next obtain an appointment to " exa- 
 mine the abstract with the deeds," which latter wiU pro- 
 bably be in the office of the vendor's solicitor. You will 
 then proceed to the examination of the deeds, which is 
 carried on somewhat as follows: — Taking the first deed 
 mentioned in the abstract, you will make a note in the 
 margin of the latter of the amount of stamp-duty impressed 
 on the deed. Then, handing the abstract to the clerk who 
 accompanies you, you will follow him as he reads. If any 
 addition is necessary to be made on the abstract, you will 
 of course make it, and if there be any discrepancy between 
 the abstract and the deed, you wOl alter the former so as 
 to correspond with the latter. Whilst you are pursuing 
 this examination, you must bear in mind that your present 
 object is simply to verify the abstract with the deeds, and 
 not to consider the legal effect of any document or clause. 
 Having carefully compared aU the deeds with the abstract, 
 you should return to your own office, and then, and not tiU. 
 then, proceed to consider the abstract as amended and 
 corrected, with a view to finding out the flaws in the title 
 and sending in your "requisitions" hereon. As an 
 example of the manner in which these latter should be 
 
84 THE SECOND YEAE. 
 
 framed, and also as indicating the mode in wHcli a title 
 should be investigated, I here append an imaginary case. 
 
 A leasehold house at Bath is to be sold by Charles 
 WiUiams to your client. The title is as follows: 
 
 1. Lease, 1st May, 1808, from the Mayor and Corpora- 
 
 tion of Bath to John StUes, for 1000 years, at a 
 ground-rent of lOZ. per annum. This lease contains 
 a covenant by StUes to contribute towards the ex- 
 pense of making and repairing a private drain 
 under the house. The lease is executed by "John 
 Mavis," and the Corporate Seal attached. 
 
 2. Assignment of lease, 12th June, 1822 — ^Eichard Stiles 
 
 to Philip Stone. 
 
 3. WiU of Philip Stone, dated 3rd September, 1821, be- 
 
 queathing "All his household goods and chattels" 
 to Tom Jones. Proved in the Consistory Court of 
 the Bishop of Bath and Wells, 9th March, 1840, 
 by Eichard Jacox, executor. 
 
 4. Assignment, 28th January, 1848, by Richard Jacox, 
 
 of the first part, and Emilia Stone and John Stone, 
 of the second part, to Richard WiUiams. 
 
 In the first place, it is necessary to show a clear title to 
 this house from John Stiles, the original lessor, to Charles 
 WUliams, the present vendor. Now if you look carefully 
 through the title, you will see that several Unks ia the 
 chain are wantiag. 
 
 1 . There is no account given of the descent to Eichard 
 StUes, who assigns, in 1822. 
 
 2. The will of Philip Stone does not seem to pass the 
 house to Tom Jones. 
 
 3. It is not shown how Eichard Jacox, Enulia Stone, 
 
THE SECOND YEAH. 85 
 
 and John Stone were entitled to assign to EichardWilliams ; 
 and 
 
 4. There is no account given of Charles Williams' title. 
 
 Besides this, the follo^ving points are noticeable : — • 
 
 1. The manner in which the original lease was executed. 
 
 2. The circumstance of the private drain having to be 
 maintaiaed by the lessee, and no notice of this in any of 
 the later documents. 
 
 Accordingly, your " requisitions " should inquire into all 
 these matters. Below is a copy of the requisitions you 
 shoidd send in in the case given above ; and in the margin 
 opposite these requisitions (left blank by you) I have filled 
 in satisfactory answers to them, by the solicitor of the 
 vendor, Mr. Charles "WiUiams. 
 
 JVo. 100, Pulteney Street, Bath. 
 Eequisitions and Objections to the Vendor's Title. 
 
 Itequisiiions, Answers. 
 
 1. The original lease of 1st By an authority under the 
 May, 1808, is executed Corporate Seal, dated 2nd 
 by "John Mavis" (not January, 1808, the Mayor 
 a party to the lease), and Corporation, in confor- 
 and the Corporate Seal mity with the provisions of 
 appended. How is their private Act, and with 
 this? the consent and under the 
 
 hands of two of the Lords 
 of the Treasury, appointed 
 Mr. Mavis as their officer 
 to execute all leases, &c. 
 of the corporate property 
 for the year 1808. A copy 
 of the "authority" is sent 
 herewith, and the Act is 
 now ia my office, and can 
 be inspected. 
 
8G 
 
 THE SECOND YEAB. 
 
 Bcguisitipiis. 
 What is the covenant 
 as to repairs of a "pri- 
 vate drain" under the 
 house? Is there any- 
 such drain ? 
 
 This lease was granted 
 to "John Stiles," and 
 the next deed in the 
 abstract is an assign- 
 ment by "Eichard 
 Stiles." How is this? 
 
 1. The will of Philip Stone 
 is insufficient to pass 
 leaseholds ? 
 
 Anstvers. 
 
 At the time this lease was 
 granted there was no public 
 drainage in this part of 
 Bath. In 1815, however, 
 the Corporation were em- 
 powered to, and did, lay 
 down drains in Pulteney 
 Street. This "private drain" 
 was then stopped up, and 
 consequently no claim for 
 its "repair" can now be 
 made. 
 
 The above matters are de- 
 posed to by Mr. Thomas Hurst, 
 Town Surveyor, whose affida- 
 vit to that effect is now in our 
 office. 
 
 John Stiles died intestate, 
 January, 1822, and letters 
 of administration were ia 
 February, 1822, granted to 
 Eichard StUes. This was 
 inadvertently omitted in the 
 abstract. An office copy of 
 the letters of administration 
 is in our office, and can be 
 inspected. 
 JMr. Stone died intestate as to 
 his chattels real, which con- 
 sequently went to his next 
 of kin {sec. stat.). These 
 next of kin were Emilia 
 Stone and John Stone, and 
 they join the executor. 
 
THE SECOND YEAR. 
 
 87 
 
 Sequmtions. 
 
 5. "WTio are tlie assignors, 
 
 Emilia and John 
 Stone, and Eicliard 
 Jacox ? 
 
 6. Tlie assignment of 
 
 1848 is to "Eicliard 
 WiUiams." WiU he 
 join ■ in the present 
 assignment? If not, 
 whj not ? 
 
 7. Is the assignor's solici- 
 tor aware of any charge 
 or incumbrance on the 
 property not disclosed 
 in the abstract? 
 (Signed) A. B., Pur- 
 chaser's Solicitor. 
 
 Answers. 
 Eichard Jacox, in the as- 
 signment of the property. 
 But, it is apprehended, even 
 if they had not so joined, 
 Mr. Jacox, as executor, had 
 power to assign. 
 See pre-rious answer. 
 
 Mr. Eichard Williams has 
 lecently been found lunatic 
 by inquisition, and by a 
 decree of the Lord Chan- 
 cellor, dated Ist AprU, 1866, 
 the present assignor, -Mr. 
 Charles Williams, was 
 ordered to dispose of (inter 
 alia) this house in Pulteney 
 Street, and stand possessed 
 of the produce of the sale 
 upon certain trusts. It was 
 not considered expedient to 
 incumber the abstract with 
 this decree, which is very 
 long and special, but an 
 office copy can be furnished 
 if required. 
 
 7. No. 
 
 (Signed) C. 
 Solicitor. 
 
 D., Vendor's 
 
88 THE SECOND TEAE. 
 
 Upon being furnished with copies of the authority, Act 
 of the Bath Corporation, declaration of Mr. Hurst, letters 
 of administration to John Stiles, and decree in the matter 
 of Wniiams' lunacy, you would he quite justified in com- 
 pleting the purchase. If any one of your requisitions 
 were not satisfactorily answered, you would have to send 
 in "Further Requisitions" untU everything was cleared 
 up to your satisfaction. I would advise you to borrow an 
 abstract from the office — if it were in some old matter no 
 objection would be raised to this — and peruse it carefully, 
 noting down your objections (or what you think are objec- 
 tions) on a loose sheet of paper. Then, from these notes, 
 draw your requisitions in due form ; and finally compare 
 these requisitions with the draft of the requisitions 
 which were really sent in the matter from your principal's 
 office. You will find this admirable practice. I need 
 hardly say, however, that unless you have a pretty clear 
 general idea of the law of descent and representation it 
 will be useless to attempt any such process ; and I would 
 further counsel you, whilst perusing your abstract, to have 
 copies of Mr. Williams' two works on Real Property and 
 Personal Property by your side, and to refer to them when- 
 ever there is any legal point in the abstract which you 
 cannot clearly understand. 
 
 There is a very useful book pubKshed, called Greenwood's 
 Manual of Conveyancing, which I would advise you to buy 
 and have constantly beside you for reference at this stage 
 of your studies. It is written exclusively on the practice 
 of conveyancing (and not on the science of real property 
 law), and I have therefore not noticed it in the " course of 
 reading" laid down for your guidance at the end of each 
 chapter ; but it is an excellent manual for reference whilst 
 actually engaged in practice at the office. 
 
 Having thus glanced at the subject of investiga- 
 tion of titles, I wiU. now notice briefiy the various 
 classes of instruments in use in the j)ractice of convey- 
 
THE BECOND YE.VR. 89 
 
 aaeing,* remarking tlieir nature and effect, and some of 
 their salient points. 
 
 The first class of instrument is that in use for the transfer 
 of property on sale and purchase, and known hy the generic 
 title of " Conveyance." CouTeyances may he roughly sub- 
 divided into the following eight classes: 
 
 (1) Grants in fee. (5) Contracts for sale and 
 
 (2) ,, in tail. purchase.f 
 
 (3) ,, for life. (6) Surrenders. 
 
 (4) Appointments under (7) Assignments. 
 
 powers. (8) Eeleases. 
 
 Of these, the first description (grant in fee) has already 
 been explained to you at some length in the conveyance by 
 Stokes to Styles, and of the fifth you have also been in- 
 formed in the " agreement" given at the commencement of 
 this chapter. With regard to the first, however, it may be 
 remarked that grants are of two kinds ; first, the common 
 law grant, and secondly the grant to uses ; and you will 
 observe that in all instruments of assurance of freehold 
 property, including even wills, it is the same. It is not so 
 as regards copyholds, or chattels real or personal, to no one 
 of which does the Statute of Uses apply. For a fuller 
 explanation of this subject I must, for the present, refer 
 you back to that nn failing Mentor, Williams on Real 
 Property. 
 
 Six sorts of conveyances remain to be noticed — grants 
 in tail and for life, appointments under powers, surrenders, 
 assignments and releases. Of the grants in tail and for life 
 I will briefly dispose : they differ from a conveyance in fee 
 mainly in their limitations, which, in the former case, are 
 " Unto [or unto and to the use of] A. and the heirs of his 
 
 * Vide ante, p. 43. 
 
 t A Contract for sale and purcliase operates as a conveyance in 
 Mquity, although it does not pass the legal estate, at law. 
 
90 THE SECOND ¥EAll. 
 
 body," and in tlie latter, "Unto [and to the use of] A.," 
 without mention of his heirs at all. Grants in tail and for 
 life are now extremely rare ; the only frequent example of 
 the former is afforded by the grant of a title from the Crown 
 direct to a subject, a title being capable of entail. A grant 
 for Ufe simply is now never met with. Life estates, indeed, 
 are constantly created, folloioed hy estates tail, to other 
 persons or classes of persons; but this is only for the 
 purpose of binding down, or settling the property ; and I 
 will notice the subject of " settlements" further on. You 
 may, therefore, dismiss grants merely in tail and for life as, 
 practically, of no importance. 
 
 The next sort of a conveyance is an " appointment under 
 a power." A power is an authority given by A. to B. to 
 do some act which B. would otherwise not be enabled to 
 do. If, for instance, A. (the owner of the fee-simple) was 
 settling land upon B. for bfe, with remainders over, — ^B., 
 as mere tenant for life, would not be able to cut down 
 timber, nor to grant long leases of the property, nor, of 
 course, to convey the fee-simple under any circumstances. 
 But if A. were, in this same deed, to give B. a power to 
 lease for ninety-nine years, or a power to cut down timber 
 for liis own benefit, or apoiver to appoint the land, by deed 
 or wlU, either to anybody he (B.) might choose — which is 
 called- a "general power of appointment" — or to anyone 
 or more of several named persons, or classes of persons (as, 
 for instance, to such of B.'s children as he should choose) 
 — ^which is called a "special power;" — ^in every one of 
 these cases B. would acquire "power" to do the thing 
 pointed out. Now, suppose A. gives B. a power to appoint 
 the property by deed to any one of his (B.'s) children in 
 fee, and B. should, afterwards, appoint to C, his eldest (or 
 any other) son, the instrument by which this would be 
 effected would be called " an appointment under a power." 
 There are two very noticeable points in this class of instru- 
 
THE SECOND TEAS. 91 
 
 meats : the first is, that the " terms of the appointment must 
 be strictly pursued ; " the second, that the appointee (in. the 
 case put, 0.) takes his estate not from the appointor (B.), 
 but from the donor of the power (A.). In illustration of 
 the former point ; if B. had appointed to D., his grandson, 
 the appointment ■would have been void, because the "terms 
 of the power" pointed to B.'s children — ^not grandchildren ; 
 and again, if B. had appointed by mU, it would. Htewise 
 have been void, because the power said "by deed." I 
 must further teU you, that " powers" can be exercised over 
 all kinds of property, personal as weU as real ; and that in 
 all settlements (or tying up of property) powers of various 
 kinds are always bestowed upon the "first taker" — ^that is, 
 the person who "takes" the first, or earliest, interest in 
 the property. 
 
 The term "assignment" has a twofold meaning; first, 
 it is used to express the transfer by a lessee of property to a 
 second person of the remainder of his term under the lease ; 
 and secondly, it is used as meaning the absolute transfer of 
 all kinds of purely personal property in like manner as a 
 -conveyance means a transfer of real property. It is in this 
 second sense that I intend to speak of " assignments" 
 here. I have shown you that if you want to sell land to 
 anybody, you can only do so hy deed (because of the Statute 
 of Frauds, and subsequent Acts of Parliament), duly 
 stamped and sealed, which deed is termed a "conveyance." 
 But if, in like manner, you want to sell personal property, 
 such as a chest of drawers, a race-horse, a bowie-knife, or 
 a chamber organ, you can do so without the formality of 
 a deed, by merely delivering over the property with one 
 hand, and receiving the money for it with the other. This 
 is called an assignment. 
 
 Nearly all kinds of purely personal property can be thus 
 " assigned," without the necessity of any deed or writing 
 whatever. To this there was one exception, however, in 
 
92 .THE SECOjSn yeae. 
 
 tlie case of what is termed a " chose in action." A chose 
 in action is an interest not realized or reduced into posses- 
 sion — something in fieri, that is to say. A debt is a chose 
 in action : so is a right to sue. The law said that choses in 
 action could only be transferred by writing, in which the 
 transferor should give the transferee a power to sue in his 
 (the transferor's) name — which is called a "power of 
 attorney." Thus, if A. owed B. IQL, and B. wanted to sell 
 this debt to 0. for bl., the transaction would tiot be com- 
 plete by C. merely handing B. 5?., and B. saying, "now 
 you have got A.'s debt for yourself." Instead of this 
 simple method of transfer, B. would have had to have given 
 C. a regular written assignment of the 10^. due from A., 
 with a powerof attorney to 0. to sue A. for it (if necessary) 
 in B.'s name. In equity, it is true, the rule was otherwise, 
 and A. could have assigned a legacy coming to him under 
 B.'s will to C. without any power of attorney, and if B.'s 
 executor, D., refused to hand over A.'s legacy to C, the 
 latter could have called for the aid of the Court of Chancery 
 to have compelled bim to do so ; but at law some sorts of 
 choses in action, a debt amongst them, could not have been 
 assigned without a power of attorney.* 
 
 So much for an assignment. "We will next take the 
 instrument known as a "release." Until the year 1841, 
 releases were (owing to a technicality now abolished) in 
 constant use, but they are now of rare practical occurrence. 
 A release at common law is the mode of assurance adopted 
 in two classes of cases : first, where a person who has a 
 
 * A bill of exchange, promissory note, copyrig-lit, patent, and (now) 
 a. policy of insurance, are, however, assignable at law without any 
 necessity for a power of attorney. 
 
 And by 18 & 19 Vict. c. Ill, bills of lading are now assignable, as 
 are also fife policies by 30 & 31 Vict. c. 144, and marine policies by 
 31 & 32 Vict. c. 86 ; and by 36 & 37 Vict. u. 66, s. 25, r. 6, if a chose 
 in action be assigned absolutely, then the assignee can sue for it in 
 his own name, provided that express notice of the assignment shall be 
 given to the debtor (Editor's note). 
 
THE SECOND YEAE. 93 
 
 future interest in real property "releases" that claim to 
 him in possession; as where a remainderman releases to 
 the "particular" tenant; secondly, where one of several 
 persons equally entitled in possession (as joint tenants and 
 coparceners) releases his or her share to the others. But 
 for ordinary purposes, the form of a release is unsuitable 
 (it being necessary for the releasee to be in actual or con- 
 structive possession of the property released) ; and, indeed, 
 as between vendors and purchasers of freehold propertj-, 
 a grant is, at the present day, almost invariably the foi-m 
 of conveyance used. 
 
 In the old books you will notice another instrument for 
 the transmutation of possession, called a "feoffment," and 
 which is fully explained in "WiUiams' Real Property. Since 
 the year 1845, however (when an act was passed* enabling 
 all real property to be conveyed by grant), a feoffment is 
 only resorted to in a few very exceptional instances, as in 
 the case of a conveyance of gavelkind land by an infant 
 heir under the custom of gavelkiud. 
 
 One description of purchase-deed remains to be noticed 
 — a "surrender." This is the instrument invariably used 
 for the conveyance of copyhold property. You have already 
 learned from Stephen's Blackstone, and WiUiams' Real 
 Property what copyhold tenure is ; how it is founded on 
 the old "villein and iaron" laws of the feudal system, and 
 how (not having been abolished by a statute of Charles II., 
 which did away with the other feudal customs) it is stiU 
 in force in a large number of "manors" throughout the 
 kingdom. This ancient tenure is, indeed, constantly losing 
 ground through the operation of the Copyhold Enfran- 
 chisement Acts ; but it still continues an important (and, as 
 some say, an anomalous and undesirable) feature in our 
 real property system. When a copyhold tenant desires to 
 
 * 8 & 9 Vict. c. 106, 
 
94 THE SECOITD YEAR. 
 
 sell Ms property, he dare not do so by the ordinary mode 
 of grant, for that would cause a "forfeiture" of his estate 
 to the lord of the manor ; but he has to effect it by means 
 of a surrender — a short instrument of a formal character, 
 in which the names of the parties, the consideration, and 
 the "parcels" are fully set out, which is entered on the 
 court rolls by the steward of the manor, and "presented" 
 at a customary court ; after which, on payment of certain 
 "fines" to the lord of the manor, the purchaser is "ad- 
 mitted" a copyhold tenant in due form. The customs of 
 copyhold manors vary greatly in different parts of the 
 country; in the manors of Hackney, Cheltenham, and 
 Minchinhampton, I have been told there are some espe- 
 cially curious customs. I should recommend you (unless, 
 of course, actual practice happens to come in your way) 
 not, for the present, to consider the tenure of copyhold 
 very minutely, as it may tend to confuse your newly- 
 formed ideas of the more important socage or freehold 
 tenure from which it differs so materially. In the last 
 year or so of your articles, I shall advise you what books 
 to study on this subject. 
 
 The principal instruments in use in the practice of con- 
 veyancing for purposes of sale and purchase having been 
 thus adverted to, we come next to the class called leases, 
 which can be disposed of more readily. A lease, as you 
 have learned from Williams' Real Property, is a term of 
 years granted by the owner of the fee (or by some other 
 person duly authorized) to a second person, who is called 
 the lessee. Whenever a man contracts for the possession 
 of property for a certain definite number of years (be it 
 two, or two thousand) he is said to have a "lease" of it. 
 The Statute of Frauds enacted that every lease for more 
 than three years, or at less than three-fourths of a rack- 
 rent (that is, a full rental) should be in writing ; and, by 
 a later act, they must now be by deed under seal to have 
 
IHE SECOITD YEAE. 95 
 
 full legal effect, although, in practice it constantly happens 
 that people take houses for long terms upon the mere 
 equitable security of an "agreement for a lease," — a con- 
 tract for letting and hiring, which, properly speaking, can 
 only be fully effectuated by a formal "lease," duly stamped 
 and executed. The ordinary form of a lease is this : — ^In a 
 preliminary recital the lessor recites his title (that is, the 
 grant to him in fee, or the settlement authorizing him to 
 grant leases, as the case may be) ;* and he then goes on 
 to let the property to the lessee, in much the same manner 
 as the fee itself would be conveyed, excepting that the 
 " operative words" are " demise" in place of " grant and 
 convey;" and that the words "executors, administrators 
 and assigns" are employed instead of "heirs and assigns" 
 in the limitations. These words of limitation express the 
 destination of the property : in the ease of a freehold, the 
 heir would take, if the property were not otherwise dis- 
 posed of ; and so in the case of a leasehold (personal 
 property), which goes to the lessee's executors or adminis- 
 trators in the first instance, iot the payment of debts, and 
 when these are discharged, then to the person to whom it 
 is bequeathed by the wiU (the " specific legatee"), or, if it 
 be not so bequeathed, to the lessee's next of kin. The 
 habendum of the lease specifies the' term for which the 
 property is to be held, and the reddendum the rent which 
 is to be paid. The covenants by the lessor are somewhat 
 similar to those of the vendor iu a grant ; but following 
 these are always to be found covenants by the lessee to 
 pay the rent reserved, keep the premises in repair, insiu-e 
 them against fire, and further as may be agreed. These 
 covenants bind down the lessee so that he is liable to an 
 action if he makes any default; and they are the only 
 hold, except the remedy by " distress," which the lessor 
 
 * There is no absolute necessity for this ; indeed, it is not usual 
 (Editor's note). 
 
96 THE SECOND YEAE. 
 
 practically has upon the lessee.* Covenants, alike in con- 
 veyances, leases, and aU other manner of deeds, are of 
 two kinds— " collateral" or personal, and " running with 
 the land." The distinctions between them are far too 
 intricate to he traced here ; it may be said generally, how- 
 ever, that covenants " for title " (quiet possession, further 
 assurance, &c.) " run with the land" in the hands of a sub- 
 purchaser or assignee. 
 
 Another clause in a lease to which your attention should 
 be now directed, is the " proviso for re-entry," the efBect of 
 which formerly was that if any breach of the lessee's 
 covenants occurred, the lessor could su mm arily turn the 
 lessee out, and recover possession of the premises; but 
 modern legislation has greatly diminished the power of 
 re-entry, and, consequently, lessors m.ust now rely mainly 
 upon their legal remedies. 
 
 One summary remedj'', and that a powerful one, every 
 landlord has had from time immemorial against his 
 tenant, however — that is, the power of " distraining" for 
 rent. If a tenant (lessee, dr yearly or monthly tenant, it 
 makes no diilerence) does not pay the rent agreed upon 
 at the time it becomes due, the landlord may obtain a 
 " distress warrant," and thereupon the sherifE's officers 
 come in and "distrain" — that is, seize upon — the tenant's 
 goods, and ultimately carry them away, and sell them, in 
 order to pay the rent. This power is a very formidable one, 
 but it is absolutely necessary for the full protection of the 
 landlord — a person much favoured by the ancient English 
 law. If the distress be wrongful (as if no rent were in arrear), 
 the tenant has his remedy by the action called "replevin." 
 
 * The action of ejectment, as between lessor and lessee, is so hedged 
 round with formalities and restrictions (all enuring to the benefit of 
 the defaulting lessee) as to be seldom really available in practice. But 
 the Judicature Act has now simplified matters by allowing the action 
 to be brought in the Chancery Division. 
 
THE SECOND TEAE. 97 
 
 This "power of distress," it must be remembered, is quite 
 independent of the lease (ia -whie]! it is seldom even named), 
 and does not preclude the lessor from suiag the lessee on 
 his covenant to pay rent, if he he disposed to do so, nor 
 from his giving him due notice and afterwards " ejecting" 
 the lessee from the premises, if he thinks fit. 
 
 An " assignment of a lease" is a transfer by the lessee 
 of his whole iaterest in the lease to another. Thus, if A., 
 in 1820, leased a house to B. for eighty years, and B., in 
 1830, disposed of the remainder of his term (seventy years) 
 to C, this would be an " assignment" of B.'s lease, and B. 
 would be the assignor and 0. the assignee. The most 
 noticeable point in the framework of an assignment is, that 
 the original lease is recited in the first place, with the 
 " parcels" fully set out as they are described in the lease ; 
 whilst, after the habendum clause, the parcels are only 
 shortly referred to, with any alteration or addition that 
 circumstances may necessitate. I advise you to verify 
 this observation (as, indeed, every one in this book which 
 is founded on precedents) by gettiag hold of a draft 
 assignment, and perusing it for yourself. 
 
 A subdemise or "underlease" differs from an assign- 
 ment, in that only a part, and not the whole of the term is 
 granted by it. Thus, if X. leases property to T. for 
 twenty years, and then, two years after the date of the 
 lease, T. wants to dispose of the term to Z., he can (as we 
 have seen) " assign" it to him for the remaining eighteen 
 years ; but he can also effect this by way of " im.derlease," 
 by simply seUing to Z. the remaining eighteen years, less 
 the last day thereof. You would think that one day can- 
 not make much difference ; but it does, and a very im- 
 portant one. In the case of an assignment, the assignee 
 takes, in every respect, the place of his assignor — the lessee 
 in the original lease ; consequently, the lessor is, his land- 
 lord, and can sue him on Ms assignor's covenants ia thd 
 
 B. . !■ 
 
98 THE SECOND YEAB. 
 
 original lease. But if only a part of tte term (however 
 large) is disposed of by the lessee, the purchaser from him 
 is tenant not to the lessor, or original landlord, but to the 
 lessee. A sub-demise may thus, in some cases, be prefer- 
 able to an assignment, as where the new purchaser desires 
 to avoid the risk of being sued for breach of covenant by 
 the lessor. Therefore, when a leasehold estate is mort- 
 gaged, the mortgagee generally takes his security by way 
 of underlease preferably to assignment. 
 
 Incidental to the subject of leases, are attornments and 
 licences. An attornment is an acknowledgment by a 
 tenant that he holds of a particular landlord : it is not now 
 often necessary. A licence usually occurs in the case of 
 copyholds : by the customs of most copyhold manors, if a 
 copyholder grants a lease for more than a year without the 
 consent of the lord, he forfeits his estate — ^in legal parlance, 
 the "lease works a forfeiture." But if the lord's consent 
 be obtained, there is no such result, and the lease is a 
 valid one. This consent by the lord is termed " a licence," 
 and it is necessary to be made by deed, and duly stamped. 
 
 The third description of conveyance we have to deal with 
 are securities. These are again subdivided into mortgages 
 of real, and mortgages of personal, property (mortgages of 
 chattels personal — such as furniture — are pledged by means 
 of a distinct class of instrument called a bOl of sale), 
 transfers and bonds. Of these a mortgage proper is the 
 most important instrument. A mortgage is a deed whereby 
 property is conveyed by its owner, called the mortgagor, to 
 a second person, called the mortgagee, in consideration of 
 a sum of money lent by the latter to the former. The 
 premises and operative part of the deed are almost precisely 
 the same as in an absolute conveyance ; but, inasmuch as 
 it is only intended to operate as a security for the money 
 advanced, clauses are added after the habendum for effec- 
 tuating this purpose. These clauses are of two descriptions, 
 the one for the protection of the mortgagor, and the other 
 
THE SECOKD YEAE. 99 
 
 ■for that of tlie mortgagee. The former is called a proviso 
 for redemption, which stipulates that if the money lent is 
 repaid by a certain day (usually six months after the date 
 of the mortgage), the mortgagee wUl reeonvey the mortT- 
 gaged premises to the mortgagor, and that, in default of 
 so doing, the mortgagor mil pay the mortgagee interest at 
 a fixed rate, and at fixed periods. Sometimes the mort- 
 gage-money is lent for a specified mmiber of years only ; 
 and in that case the proviso for redemption is of course 
 altered to meet the circumstances. This proviso is intended 
 for the protection of the mortgagor, and to prevent the 
 mortgagee claiming the property as his absolutely; but 
 f oUowing it are powers and trusts for sale, which operate 
 equally in favour of the mortgagee. The operation of 
 these clauses is, that in case the mortgagor fails to pay the 
 interest regularly, the mortgagee, upon due notice, is en- 
 abled to sell the property, and out of the money so realized 
 repay himself his principal money, interest and costs, 
 handing over any surplus which remains to the mortgagor. 
 As in all other deeds, a mortgage invariably concludes 
 with covenants, which are entered into by the mortgagor, 
 and, besides the usual covenants for title, bind him down 
 to repay the principal and interest. You will have ob- 
 served that covenants are invariably entered into by the 
 parties on behalf of themselves, "their heirs, executors, 
 administrators, and assigns," and that whether the pro- 
 perly conveyed or mortgaged is real or personal. The 
 reason for this is, that the " heirs" being named, the cove- 
 nant becomes a " contract under seal by which the heirs 
 are bound," and thus (as you will read in Ohitty) has 
 priority over all other kinds of contracts.* 
 
 * Save that by 32 & 33 Vict. c. 46, in the administration of the 
 estate of persons dying from and after the 1st of January, 1870, a 
 specialty contract has no priority over a simple contract. Bedford's 
 ■Interinediate ExammaUm Gmde, 3 (Editor's note). 
 
 ■S 2 
 
100 THE SECOND TEAE. 
 
 ■ The relationsMp existing 'between mortgagor and mort- 
 gagee was strikingly illustrative of that peculiar division 
 of our laws into common law and equity which has been 
 hef ore noticed. The property mortgaged is (as we have 
 seen) conveyed to the mortgagee in the same way, and 
 with the same limitations, as if he were the absolute pur- 
 chaser ; and therefore common law looked upon him as the 
 absolute legal owner. The common law, in effect, said, 
 "The property is conveyed to you, therefore we must 
 regard you as the owner of it ; and any proviso for re- 
 demption which may he imported into the conveyance we 
 look upon as a mere matter of private arrangement between 
 yourself and the other party. Until you reconvey the pro- 
 perty back to the mortgagor, you, and you alone, are, in the 
 eyes of the law, the real owner of the property." The con- 
 sequence of this theory was that, whilst the mortgage secu- 
 rity was subsisting, the mortgagee was the only party recog- 
 nized at law. Again, if ejectment has to be brought against 
 one of the tenants of the property, it is the mortgagee and 
 not the mortgagor who must bring it. Nay, so far does 
 the doctrine extend, that even if the mortgagor continues 
 in actual possession of the premises, he is looked upon at 
 law as only a "tenant at wiU" of the mortgagee, who can 
 turn him out at pleasure — unless restrained from doing so 
 by special restrictions in the mortgage deed itself. So that, 
 you see, if Mr. Smith has a house and land worth 10,000/., 
 and he borrows 1,000 of Mr. Brown upon them by mort- 
 gage, and continues to reside himself in the house, and 
 cultivate the land as before — still it is Brown, the mort- 
 gagee, who was looked upon at law as the owner of the 
 property. Thus, if left entirely to the common law. Smith, 
 the mortgagor's, position would have been a very pre- 
 carious one indeed, and he would have been quite at his 
 mortgagee's mercy. 
 
 But here equity stepped in for the mortgagor's protec- 
 tion. Equity said, "Not so; the mortgage was only 
 
THE SECOND YEAE. 101 
 
 intended as a security, and not as a conveyance ; all that 
 Brown, the mortgagee, is entitled to is to have back his 
 principal and interest. Therefore, -whenever Smith paid 
 that back, the Court of Chancery -would have compelled 
 Brown to have reconveyed the property to bim ; and even 
 if Smith had made defaidt, and Brown had sold the pro- 
 perty under his power of sale, stOl he would have only 
 been entitled to his principal and interest — ^the rest was 
 Smith's. In a word, although I could not have prevented 
 the Courts of Common Law looking upon Bro-wn as the real 
 o-wner, stOl, in my Court of Chancery, Brown was a mere 
 trustee for the substantial owner. Smith, whose equity of 
 redemption it protected." 
 
 Thus the mortgagee was the legal, the mortgagor the 
 equitable, o-wner of the mortgaged property.* 
 
 If the property so mortgaged is a fee-simple, it is of 
 course conveyed to the mortgagee " and his heirs ;" if per- 
 sonal, to him "his executors, administrators and assigns :" 
 but whether the property mortgaged is real or personal, 
 the money lent belongs to the mortgagee as personal pro- 
 perty, and on his death his personal and not his real 
 representatives are entitled to it. Therefore, if A. mort- 
 gage his fee-simple estate to B., and B. dies, and his execu- 
 tors call in the mortgage money, B.'s heir\ will reconvey the 
 property to A., but it is B.'s executors who are entitled to 
 receive the money on behalf of B.'s next of kin or the 
 beneficiaries under his -will. 
 
 After the mortgage has been executed, the relation of 
 inortgagor and mortgagee continues until the money is 
 called in, which must be by notice, if so provided in the 
 mortgage deed. J 
 
 * But now by- the 24tli section of the Judicature Act, 187.3, the 
 Coxirts of Common La-w^ take cognizance of all eijuitable rights and 
 claims. See Bedford's Guide (Editor's note). 
 
 t By 37 & 38 Vict. u. 78, s. 4, the legal personal representative 
 may reconvey the legal estate (Editor's note). 
 
 J If the mortgagee desires to call in his money, and there is no 
 
102 THE SECOOT) TEAS,. 
 
 Chattels real (leaseholds), choses in action (sucli as debts 
 due and policies of insurance), partial interests, and con- 
 tingent interests in real property, can all be mortgaged in 
 the same manner (each after its kind) as a fee-simple 
 estate. But if it is desired to mortgage ckeMB^s personal — 
 furniture, stock in trade, &c. — it must be done, not by a 
 mortgage, but by an instrument called a bill of sale. This 
 is indirectly a conseq[uence of the bankruptcy laws, and I 
 ■will try to explain to you the reason for this distinction. 
 Furniture and stock in trade — ^personal movable property 
 — are the first sources to which a creditor has to look for 
 payment of his debts. In a commercial country like ours, 
 it is a great object of the law to sustain public credit, as, 
 if that is once shaken, all security in commercial transac- 
 tions is at an end. Now, it would obviously tend to 
 weaken public credit if men were allowed to privately 
 pledge or mortgage their goods and chattels, and yet 
 retain them in their own possession. Tradesmen and 
 others, seeing the secret mortgagor in apparent possession 
 and enjoyment of his furniture and stock in trade, would 
 give him. credit on the strength of such possession ; and 
 then when the debtor failed to pay the money, and the 
 creditors obtained execution against his goods, they would 
 be met by the information that all this while those goods 
 were not the property of the debtor, but were mortgaged 
 beforehand to somebody else, whose debt must, of course, 
 be paid prior to those of the execution creditors ! Such a 
 state of things would be monstrous, — would destroy pubHc 
 credit and national prosperity ; and therefore, to obviate 
 any possibility of this, it is enacted that every mortgage 
 of personal property must be in. the form of a bill of sale, 
 which must, within twenty-one days of its execution, be 
 
 notice provided for in the deed, he can do so at any time, and eject or 
 foreclose in default. But the converse does not hold good ; and, if the' 
 mortgagor -wishes to redeem, the mortgagee is entitled to six months' 
 notice in any case. 
 
THE SECOND YEAE. 103 
 
 registered at tLe public office of the Queen's Bencli Divi- 
 sion of tlie High Court. As soon as the bill of sale is 
 thus registered, it is made known to everybodywho chooses 
 to inquire, by means of a book kept for the purpose at 
 the office; and further, certain commercial bodies, called 
 " Trade Protection Societies," make a point of publishing 
 the particulars of every bill of sale registered in " Cir- 
 culars," which they distribute amoigst their subscribers. 
 The consequence of this is, that almost as soon as a bill of 
 sale is given it is made public ; and i£ a tradesman chooses, 
 after knowledge of this, to trust the'giver of the biU, he 
 does so at his own risk. But even when registered, the 
 bill of sale is of no eiieot against creditors in the event of 
 the debtor's bankruptcy whilst the goods included in the 
 bill are still on his premises and in his apparent possession 
 if the debtor be a trader ; and in such a case the Court of 
 Bankruptcy will take away these goods from the bill-of-sale 
 creditor and consider them as part of the general "assets."* 
 It is principally in consequence of this that another sort of 
 security, called a bond, is so often resorted to. When a man 
 gives one of these bills of sale, the person advancing money 
 on it (the mortgagee, that is) has still to protect himself in case 
 of the bankruptcy of his debtor, particularly if a trader; and 
 for this a hond is prepared, in which two or more friends 
 of the principal debtor, called his sureties, bind themselves 
 under seal to pay the debt in case the bill of sale should 
 in any way be defeated. The principal debtor remains 
 primarily liable; but, failing him, his sureties. Besides 
 this special purpose, bonds are frequently resorted to in 
 cases when the security offered woidd be otherwise insuf- 
 ficient. Thus, where a man borrows money repayable by 
 instalments on the security of his poUoy of assurance, he 
 assigns the latter to his creditor; but, inasmuch as he might 
 
 * See also 24 & 25 Viot. o. 91, and more particularly 29 & 30 Vict. 
 c. 96, wliereby the registration of bills of sale must be repeated every 
 five years (Editor's note). 
 
104 THE SECOND YEAE. 
 
 fail to pay the money by the instalments agreed on, and at 
 the same time ffo on living, so that the creditor cannot get 
 hold of the amount assured to satisfy his debt, he has to 
 enter upon a bond -with sureties, the latter of whom 
 promise to pay the instalments as they become due, in case 
 the principal debtor does not do so. Bonds are also in use 
 for other purposes — they are given to the registrar of the 
 District County Court by a replevisor,^ when goods are 
 asserted by the latter to have been taken from him ■wrong- 
 fully on a distress, and in a variety of other cases. 
 
 The only other secflrity we need here notice is a transfer 
 of mortgage. If A. has mortgaged property to B., and C. 
 offers to take the mortgage security off B.'s hands, paying 
 him his principal and interest accrued due, B. can transfer 
 the mortgage security to C. with a power of attorney; and 
 on C.'s giving notice thereof to A., he becomes, to all 
 intents and purposes, the mortgagee. Transfers are, 
 generally speaking, .very short and simple instruments, 
 and are very often endorsed on the principal mortgage 
 deed.f 
 
 The fourth class of deeds are settlements, which are 
 various in their objects and nature. The most familiar 
 description is, perhaps, a marriage settlement, which is a 
 deed made in contemplation of a marriage, .by which the 
 property of the contracting parties is settled upon them 
 and their children as may be agreed on, thus obviating the 
 possibility of the husband making "ducks and drakes" of 
 his own and his wife's money, and leaving his children 
 destitute. No woman who has a penny of her own ought 
 
 * Altliough. the proceedings in replevin are, since the Judicature 
 Acts, similar to those iu any other action, this bond must still be 
 entered into {Editor's note). 
 
 t It is worth noticing that a mortgagee has no power to do more 
 than transfer his mortgage-debt on payment of his principal and in- 
 terest. If, therefore, any additional sum, however small, is required 
 to be borrowed, the original mortgagor must joiu in the transfer to 
 make the transaction binding on hirn as regards such additional sum. 
 
THE SECOJTD TEAR. 105 
 
 to marry witliout some settlement of this nature; tecause, ■ 
 inasmuch, as in its absence the law gives all her personal 
 property in possession, absolutely, and a life interest in her 
 real property to her husband, the latter may possibly mis- . 
 appropriate it, or, even if perfectly honest, may become 
 bankrupt, in which case the wife's property would be 
 seized by his creditors. It is most surprising, under these 
 circumstances, that so many young women, possessed of 
 small fortunes, marry without any settlement. The settle- 
 ment is sometimes preceded by "marriage articles" (which 
 are to the settlement what a preliminary contract is to a 
 conveyance), in which case, whenever executed — ^whether 
 before or after marriage — ^the settlement "refers back" to 
 the date of the articles. If there be no preliminary articles, ■ 
 however, it is necessary that the deed should be dated and 
 executed before the marriage, as otherwise it will be what 
 is called a ^os^-nuptial settlement, and liable to be defeated 
 by the husband's creditors under certain circumstances. 
 The frame of a marriage settlement is ordinarily this : the' 
 property of both parties is conveyed to trustees, in trust, 
 to invest, and to pay the yearly profits to the husband 
 during the ioiut lives of himself and wife, but without 
 power of anticipation, after the death of one of them to 
 the survivor, with "limitations qver" to the children of 
 the marriage, and, failing such children, to the next of Mn 
 of the party bringing the property into settlement. Some- 
 times a power of appointment to a named class of persons 
 — a special power of appointment — is given to one or other 
 or both of the parties, and this is in Heu of, or in addition 
 to, reg^ar limitations. Under such an instrimient as this 
 the trustees become the legal owners of the property, which 
 they stand possessed of upon the trusts declared in the 
 settlement. 
 
 Besides marriage settlements, there are various other 
 instruments of this class, the principal of which are volun- 
 
 ■F 5 
 
106 THE SECOND YEAH. 
 
 tary settlettieiits, partnership deeds, and entailing deeds. 
 A voluntary settlement is one made not for a valuable con- 
 sideration. If A. settles property upon B. in consideration 
 of 1,000?. paid by B., the latter, having given a valuable 
 consideration, is entitled to the property comprised in the 
 settlement not only as against A. and his real or personal 
 representatives, but as against A.'s creditors also. In like 
 manner, iE Mr. C, previously to marrying Miss D., settled 
 10,000Z. upon her, this would, without any pecuniary con- 
 sideration, be good against C. and his creditors, because in 
 the eyes of the la^w future marriage is looked upon as a 
 valuable consideration — ^just as much as money itself. But 
 if E. were to settle property upon T. (a sti-anger or relative) 
 without any pecuniary consideration, this would be a 
 voluntary conveyance; and so it would be if G. were to 
 settle property upon H., his then wife, because, the marriage 
 being prior to the settlement, there is no consideration for 
 it. There are very great differences between a voluntary 
 settlement and one made for value — whether that be a 
 future marriage, money, or money's worth. The latter is 
 good, as a general rule, not only as against the settlor him- 
 self, but against his creditors and trustees in bankruptcy; 
 the former is good only as between the parties, and not in case 
 of bankruptcy or insolve^-Cy. A partial exception to this is, 
 however, allowed in the case of a ^os^-nuptial settlement 
 (before referred to) ; it being competent for a man being a 
 trader to make a voluntary settlement which will be good as 
 against his trustee in bankruptcy, unless the settlor become 
 bankrupt within two years after the date of the settlement, 
 or at any subsequent time within ten years; provided, in 
 the latter case, the parties claiming under the settlement 
 cannot prove that the settlor was, at the time of making the 
 settlement, able to pay all his debts without the aid of the 
 property comprised in the settlement.* This one favour- 
 
 * Bedford's Guide to Sanlcniptey, 3rd ed. 79. 
 
THE SECOKD TEAE. 107 
 
 able exception to the rule restricting voluntary settlements 
 is, however, -watclied with great jealousy by the Courts, as 
 beiag liable to gross abuse. There was (besides the ques- 
 tion of bankruptcy) another important difference between 
 voluntary settlements and those made for valuable con- 
 siderations, which was that the Court of Equity would not 
 carry a contract for a settlement of the foi-mer description 
 into execution, whilst it would in the case of an instrument 
 of the latter kind. For instance, if A. agreed to settle (or 
 to seU) property to B. in consideration of B.'s paying a 
 sum of money to A. therefor; in this case, although no 
 money passed at the time of the agreement being entered 
 into, equity would enforce the contract at the instance of 
 either party; would make B. pay the money and A. settle 
 (or convey) the property in the manner agreed on. So in 
 the ease of marriage articles; the Court of Chancery would 
 compel the parties, after the marriage, to execute a legal 
 settlement in accordance with the articles. But supposing 
 A. in writing agreed with B. to give him certain property; 
 or supposing 0. agreed to settle property upon D., his 
 wife : in these cases if A. or C. repented of their intention, 
 and refused to execute a legal settlement or conveyance, 
 equity would not compel them to do so, because it did not 
 profess to enforce voluntary agreements. From this state 
 of things arose, no doubt, the well-known old proverb. 
 "GKve a thing and take a thing is false man's plaything," 
 because the "false man" (the voluntary contractor) could 
 not be compelled to carry out his engagement by the 
 Courts. So much for the difference between valuable and 
 voluntary, ante-nuptial and post-nuptial, settlements. 
 
 Another kind of settlement is a deed of partnership, which 
 is an instrument by which two or more persons agree to carry 
 on a business together, and to contribute capital and labour 
 in a specified manner. The utility of a deed of partnership 
 is, that it shows at a glance what each partner is entitled 
 
108 THE SECOND YEAE. 
 
 to at the hands of the others, and, in like manner, for what 
 he is liable; thus saving an infinity of disputes. As a 
 general rule, the Chancery Division of the High Court wiU 
 not enforce specific execution of articles of {i.e. agreement 
 for) partnership ; but, the partnership deed once executed, 
 it mil interfere on behalf of any party thereto who claims 
 its interposition, and will insist upon the provisions of the 
 deed being fairly carried out. The courts of law (as I have 
 before observed) refused to adjudicate between partners 
 as such : and the consequence of this was that the Court of 
 Chancery was the only tribunal to which partners could 
 appeal in case of a difference. You may, perhaps, take it 
 for granted that (speaking broadly) the Court of Chancery 
 was the only Com-t for the interpretation and construction 
 of trust deeds, settlements, partnership deeds, and wills of 
 real property. But, at all events, this was always so in the 
 case of partnership deeds.* The objects and provisions of 
 deeds of partnership are so various that I cannot even 
 attempt to summarise them here. This class of deed is 
 generally drawn up in somewhat untechnical language, 
 and in a form easy to be comprehended ; and I would 
 therefore advise you to peruse two or three for yourself, 
 and note the provisions made in them for various occur- 
 rences and casualties in the course of the partnership 
 connection.! 
 
 A deed of entail is generally resorted to by the owner 
 of the fee-simple in real property, when he desires to settle 
 it strictly upon his eldest son and his children, in order to 
 found a family estate, or, so far as may be, perpetuate one 
 
 * In the matters of partnership, trusts, &c. I must refer the student 
 to the Judicature Acts, ss. 25 and 34. See also the rules thereunder 
 fully treated on, iu Bedford's Guide (Editor's note) . 
 
 t A private partnership deed always specifies the length of time 
 during whioh the partnership is to continue. But if two or more 
 persons enter into co-partnership without any formal contract their 
 connection is said to he a " partnership at will," and may he severed 
 by either party, at any time, without notice. 
 
THE SECOND YEAE. 109 
 
 already establislied.. Suppose, therefore, A. to be the 
 owner of an estate in fee-simple, whieli lie wislies thus to 
 entail upon his unmarried son (B.) : in this case he grants 
 the property to a stranger (0.) — who is termed 'i^q feoffee to 
 uses — to hold to the use of him (A.) for life, and after his 
 death to the use of B. and the heirs of his body with re- 
 mainders over. So long as A. Uves, he has the life estate, 
 and, being the protector of the settlement, B. cannot, with- 
 out his consent, dispose of the property. After A.'s death, 
 B. is tenant in tail, and can bar the entail and the re- 
 mainders over by means of a disentaUing deed enrolled in 
 Chancery; but if B. does not so bar the entail, the property.. 
 wDl descend, on his death, to his eldest son. The chapter 
 on "An estate tail" in Williams' Real Property, will fuUy 
 explain the operation of a settlement of the description 
 here given. 
 
 The last great class of legal instruments are wills. A 
 will is the expression by the owner of property of his 
 wishes in regard to its disposition after his death. It 
 differs from a conveyance or settlement in the following 
 respects, amongst others. (1) It takes effect not from its 
 date, but from the death of the testator. (2) It requires 
 no stamp-duty to be paid until after such death. (3) It 
 requires to be executed in a particular manner prescribed 
 by the "WiUs Act." (4) It does not take effect as to 
 personal property until after it has been proved in the 
 Court of Probate. (5) Its interpretation rested with the 
 Court of Chancery, which construed it more liberally and 
 untechnically than a settlement or conveyance inter vivos. 
 (6) It can be revoked in various ways. Of each of these 
 points, briefly in their turn. 
 
 1. A will does not take effect from its date, but from 
 the death of the testator. That is to say, the former date 
 only indicates the operation which is to be carried into effect 
 
110 THE SECOND TEAK. 
 
 afterwards. If tlie property remains unclianged. TDetween 
 the date of the will and the testator's death, there is, of 
 course, no difflculty : A. devising land in 1842 to B., and, 
 dying in 1852, the land goes to B. at the latter date. Sup- 
 posing, however, in 1842 A. has two freehold houses, and 
 no other real property ; and in 1842 he makes his will, and 
 leaves " all his real property" to B.; and in 1852 he buys 
 two more freehold houses, and dies in 1862 without having 
 altered his will. In this case B. takes all four houses, and 
 not only the two which were the testator's at the time of 
 his making his will, because " a will speaks from the death 
 of the testator." But there is a doctrine called " ademp- 
 tion," which, to some extent, interferes with this rule. 
 The theory of ademption is, that if a man leaves property 
 by a special description in his will, and afterwards disposes 
 of or loses that property and then dies, the person to whom 
 the property was left, not only shall not have it, but shall 
 not have any compensation for it either. This imports a 
 new rule into the construction of wills, namely, that as to 
 specific bequests or devises, the will may speak from its 
 date, and not from the testator's death. For instance, if 
 in 1850 A. has a brown mare, fifteen hands high, named 
 "Bessy," and in 1851 he bequeaths it to B. by that descrip- 
 tion; and in 1852, "Bessy" drops a brown foal and dies, and 
 this foal is named "Bessy " after its dam, and when it is 
 fully grown exactly answers to its dam's description ia A.'s 
 wOl, and afterwards A. dies; B. cannot claim this second 
 "Bessy," because the bequest to him adeemed when the 
 first mare died. A.'s executors will take "Bessy," and 
 leave B. without any compensation. 
 
 2. A win requires no stamp-duty until after the testa- 
 tor's death. This is only common sense ; because as no 
 one gets anything by the will until the testator is dead, it 
 is only fair that Government should wait for its due till 
 that time. When the testator dies, the persons to whom 
 
THE SECOND YEAE. Ill 
 
 he has devised his real property (which in this case includes 
 leaseholds) pay what is called " succession duty" upon it. 
 As to iikQ personal property, two sets of duty have to be paid : 
 the first by the executors, when they prove the will, upon 
 the whole value of the testator's property — this being 
 called "probate duty;" and the second by the various 
 legatees, who have afterwards to pay " legacy duty" upon 
 the value of the property left to them. 
 
 3. As to its execution. A wiU must be executed by the 
 testator putting his signature or mark at the end (if it is 
 written on several sheets, it is usual to sign at the end of 
 each sheet) ; and it is absolutely necessary that his signa-. 
 ture must be attested by two witnesses, who must both see 
 him sign, and then sign their own names whilst he is look- 
 ing on. These formalities are adopted to avoid (as far as 
 may be) fraud and forgery ; they are imposed by the 
 "Wills Act" (1 Yict. c. 26), and if not strictly foUowed 
 the will is absolutely void. 
 
 4. Immediately after the testator is dead, the persons 
 appointed in his will as executors take possession of his 
 effects, which are valued. They then " prove " the will in 
 the Court of Probate, pay "probate duty," as above de- 
 tailed, and administer the effects. If there is any dispute 
 or doubt as to the wiO. having been properly executed, or 
 as to the sanity or mental competency of the testator, these 
 questions are tried by the Court of Probate, which either 
 allows the will to be duly proved, or rejects it. Any ques- 
 tions which might afterwards arise as to ihBconstruction of 
 any part of the will, were tried by the Court of Chancery.* 
 
 5. The rule which the latter Court acted upon in the 
 construction of wills was "that the intention of the testator 
 is to be observed." Words which woidd have one opera- 
 
 * I must here again refer the student to the 24th section of the 
 Judicature Act (Editor's note). 
 
112 THE SECOND YEAE. 
 
 tion in a deed may tlius have quite another in a mil. For 
 instance, if in a deed between A. and B., A. conveys pro- 
 perty " Unto and to the use of B. and his assigns," these 
 •words, for the want of the word "heirs," would pass a 
 life-estate only, and not the fee, to B. In a will these 
 words would pass the fee. Again, in a will, the words 
 " to A. and his heirs " may be so controlled by the obvious 
 intention of the testator as to be construed " to A. and the 
 heirs of his body." Each case of this sort must, however, 
 stand on its own merits, and no general rule of construc- 
 tion can, with any certainly, be laid down. 
 
 6. A will may be revoked (1) by a new will — the later 
 will taking precedence of the earlier — (2) by a codicil to 
 an existing will, (3) by the destruction of the will, by 
 which means either a will of earlier date may be revived, 
 or, if the wiU destroyed is the only one, the property will 
 have to be administered as that of an intestate, and (4) by 
 marriage. 
 
 The above is a bare enumeration only of a very few of 
 the main points in which a will differs from a deed inter 
 vivos. The subject is a large and most important one, and 
 should be studied by you in outline now, and in greater 
 detail hereafter. 
 
 By way of conclusion to the practical part of this chap- 
 ter, I here append a short Hst, showing in what manner 
 the work of preparing diiferent deeds is shared between 
 the different solicitors employed, and by whom the ex- 
 pense is borne. 
 
THE SECOiro YEAH. 
 Xature of Document. By whom prepared. 
 
 113 
 
 At whose 
 
 1. Conditions of Sale 
 
 2. Agreement for pur- 
 
 chase 
 
 3. Abstract of title 
 
 4. Conveyance 
 
 Vendor's Solicitor 
 do. 
 
 Vendor's 
 do. 
 
 do. do. 
 
 Purchaser's Solid- Purchaser's 
 tor 
 
 5. Mortgage Mortgagee's SoU- Mortgagor's 
 
 citor 
 
 6. Eeconveyance (on Mortgagor's Soli- do. 
 
 mortgage being citor 
 paid o£E) 
 
 7. Surrender (Generally) the Pui-chaser's 
 
 Steward of the 
 Manor 
 
 8. Deed of Covenants Purchaser's Soli- do. 
 
 to accompany same citor 
 
 9. Conditional surren- Mortgagee's Soli- Mortgagor's 
 
 der citor 
 
 10. Lease Lessor's Solicitor Lessee's 
 
 11. Counterpart do. Lessor's 
 
 (tTnless provided for otherwise ia the agreement) 
 
 12. Marriage settlement Wife's Solicitor Husband's 
 
 (of lady's pro- 
 perty) 
 
 13. Do. (of gentleman's Husband's Solici- do. 
 
 property) tor 
 
 14. DisentaUing deed Tenant for life's Tenant for 
 
 Solicitor life's 
 
 15. Assignment Assignee's Solici- Assignee's 
 
 tor 
 
114 THE SECOiro YEAE. 
 
 PAKT II. 
 
 Course of Heading for the Second Tear : CMtty on Contracts — ^Williams' 
 Personal Property — The Statute Law — General Analysis of .the 
 Statutes preliminary to their study. 
 
 It is somewliat to be regretted that CMtty on Contracts 
 should be one of the three books selected for the examina- 
 tion of tvo-year old students* at the "Intermediates." The 
 book, apart from all question of bulk, is certainly an in- 
 tricate one. It contains a vast body of cases, many of 
 them of a conflicting character, and Tvhich it is simply im- 
 possible for any lad of eighteen or nineteen to reconcile, or 
 even to analyze : and many pages are devoted to the dis- 
 cussion of abstruse and doubtful points of law. StOl, as 
 the examiners seem latterly disposed to frame their ques- 
 tions from the simpler and broader portion of the text; 
 and as, moreover, Ohitty's book, as an exposition of the 
 Common Law, is a work of undoubtedly high merits ; the 
 evil is, possibly, more apparent than real. What I shall 
 attempt here, is to indicate the manner in which you 
 should read the necessary chapters of Chitty on Contracts, in 
 order more easily to obtain some general knowledge of the 
 matters therein treated upon, and, at the same time, satisfy 
 the reqturements of the "Intermediate" examiners. 
 
 The first chapter is divided into four sections: (1) Of 
 the kinds of contracts and their requisites, (2) of impUed 
 contracts, (3) of the form and construction of contracts, 
 and (4) of stamping agreements. Now, iu the first place, 
 I would counsel you, for the present, to omit reading the 
 fourth section altogether. When yoii have learned that a 
 contract or agreement must bear a sixpenny stamp — which 
 stamp must be impressed within a fortnight of the execu- 
 
 * The student under the new rules must have served half of his 
 articles now before going iu for the Intermediate (Editor's note). 
 
THE SECOND YEAR. 115 
 
 tion of -the agreement — ^you will have learned all that it is 
 requisite for yon at present to know : any nice distinctions 
 upon tMs subject are quite beyond you at tliis stage of 
 your studies ; indeed, the recent Stamp Act has so simpli- 
 fied this subject that unless particular occasion arises in 
 practice, you will scarcely ever be necessitated to inquire 
 as to the cases when an agreement is or is not good when 
 not so stamped. Your reading of the first chapter is thus 
 narrowed to the first three sections, which are all contained 
 in about a hundred pages ; and as you may allow yourself 
 one clear month for familiarising yourself with them, you 
 need be under no great apprehension of them.* 
 
 Having carefully read the introductory "definition of 
 terms," you will proceed to the " difEerent kinds of con- 
 tracts." This must also be carefully studied : but I 
 would warn you on no account to concern yourself with 
 the nimierous foot-notes lying at the bottom of each page. 
 These notes mainly refer to cases in the books ; they are 
 intended for the guidance of practitioners, not for the 
 reading of students, and it would be folly in you to at- 
 tempt so SisypHan a labour as that of collating the cited 
 cases with the original reports. Leave the foot-notes 
 alone, and do not trouble yourself about the little letters 
 of reference which stud every page of the text. You must 
 read straight on to the end of the first paragraph in page 
 9 (I am paginating from the edition of 1863), and then 
 call a halt, and review your acquisitions. Write out the 
 different heads (thus, " contracts under seal," " delivery as 
 an escrow," and so on) in the narrow margin of a sheet of 
 foolscap : and then opposite each head write (from me- 
 mory) your recollection of Chitty's text. Next, correct 
 
 * We nrast remind the student that he has now the second and a 
 portion of the third chapter to get up, which require most careful 
 reading (Editor's note). 
 
116 THE SECOND YEAB. 
 
 this by lielp of the book itself ; and finally write out your 
 corrected, resume in your commonplace-book. This, alto- 
 gether, should take you a day. 
 
 At the second paragraph of page 9 (where you recom- 
 mence) and further on, you will notice several " cases," or 
 decisions. Read these, and attempt to understand them : 
 if you cannot reconcile one case with another, pass on to 
 where the next " head" is indicated by the marginal note ; 
 and adopt this plan on all occasions whilst reading Cliitty, 
 when, after due reflection, you cannot comprehend the rela- 
 tive bearing of the cases cited by the author. Some of 
 these cases a little further on appear, to a young student, 
 very contradictory — varying with the different opinions of 
 different judges ; and, although the more advanced reader 
 may perceive distinctions and shades of difference justify- 
 ing such variances, still, for the purposes of your "Pre- 
 liminary," it is not advisable for you to attempt any such 
 analysis. 
 
 Eeading steadily at the rate of nine or ten pages a day, 
 supplemented every Saturday by a sort of recapitulation, 
 as shown just now, the one hundred and six pages which 
 it is necessary for you to read will take about ten days. You 
 wUl then proceed in like manner with the second and third 
 chapters, and if you repeat the process de novo ah ova, 
 during the last three months of this your second year, 
 you will find (aided by a "brush up" just before the 
 Intermediate itseH) that Chitty, after all, presents less 
 difiiculties than you had anticipated at a first view.* 
 
 Between the first and second reading of Chitty (a period 
 of about six months) you will find it much to your advan- 
 tage to read Mr. Joshua Williams' book on Personal PrO' 
 party twice; the first time by itself, the second, side by 
 
 * As there is more reading now required for the Intermediate, the 
 student must increase his work^co raid (Editor's note). 
 
THE SECOND YEAE. 117 
 
 side yriiih the same author's -work on Heal Property. 
 The former hook is not, on the whole, equal to its admir- 
 able predecessor (somehow or another these " continua- 
 .tions" seldom are); but this is owing, no doubt, in great 
 pleasure to the smaller historical and antiquarian interest 
 of the subject. Whilst lawyers and laymen alike unite 
 in praise of Stephen's Blackstone and of WiUiams' Real 
 Property, few hut lawyers care to read Chitty, or Mr. 
 "Williams' second book. Still, if only on accoimt of its 
 standing quite by itseM amongst elementary works, I con- 
 sider that WUliams on Personal Property demands a good 
 share of your attention. There is no other book with 
 which I am acquainted which treats in so approachable 
 a manner of what may be called " Quasi-Conveyancing" 
 — of bills of sale, copyright, shares and stocks ; in a word, 
 of personal property. Read it, therefore, and duly transfer 
 it into your commonplace-book. 
 
 There is one branch of law to which I must now direct 
 your attention, and to which you will have to apply yoiir- 
 self "with a will," when once your "Intermediate" is 
 satisfactorily accomplished. I mean the Statute Law. You 
 will have read in Blackstone that the body of English law 
 is derived from three sources : first, the ancient common 
 law of the realm ; second, legislative enactment ; third, the 
 construction of the Courts of the subject-matter of the two 
 former. The first of these divisions is known as "the 
 Common Law," which has been from time to time greatiy 
 modified and restricted by the second — ^the " Statute Law ;" 
 and the third is called " Case Law." Of these three great 
 subdivisions of law, the second is of highest importance. 
 The Statute Law, commencing with the Act De donis, passed 
 in the reign of Edward I., extends over upwards of five 
 centuries, and is contained in many hundreds of ponderous 
 volumes called " The Statutes at large." Of nearly 30,000 
 various Acts which, it has been computed, are comprised 
 
118 THE SECOND TEAE. 
 
 in the statute book,* it may be stated that 20,000 have 
 either been expressly repealed, or else have fallen into 
 desuetude and are virtually obsolete. Of the 10,000 
 (speaking in round numbers) which remain, at least nine- 
 tenths have been either passed for special or local purposes, 
 or else refer to matters with which the legal profession 
 has only indirectly or occasionally to do. Of the former 
 description are Acts passed to enable public works (of 
 various descriptions and at various places) to be carried 
 on ; of the latter, Acts authorizing" the levy of taxes and 
 the raising of subsidies, and those providing for special 
 political matters, may be cited as examples. But, even 
 when we have stripped the statute-book of all these enact- 
 ments, foreign to the everyday practice of law, we still find 
 some 800 or 1000 Acts, more or less important, and more 
 or less frequently called into operation, but all of which are 
 still in being ; and vri.th the majority of these it is necessary • 
 that the working lawyer should be tolerably well acquainted. 
 These last-named Acts constitute what is generally alluded 
 to as "the Statute Law," and are scattered in a large 
 number of volumes, one of which is commonly published 
 at the end of every session of Parliament. This 1000 or so 
 of Acts may be subdivided into three classes ; the first, 
 those which are constantly quoted in the law-courts, con- 
 tinually resorted to in practice, and upon which the maia 
 structure of law rests. This class comprehends some hun- 
 dred and fifty separate Acts ; and I may as well teU you 
 here that with every one of them you will have to become 
 acquainted, — with some of them most intimately acquainted, 
 — ^before you can be said to have even an average know- 
 ledge of the science you are about to practise. The second 
 
 * I am speakmg from reooUeotion only, but I beKeve that these 
 figurea are nearly correct. 
 
 There have, of covirse, been many more passed since this book 
 was first written (Editor's note). 
 
THE SECOND YEAE. 119 
 
 class embraces, perhaps, twice that number of Acts ; they 
 are, although not in constant requisition, still more or less 
 important, and it is necessary that you should be ac- 
 quainted with their titles and dates, at least for purposes 
 of reference. The third class of Acts axe those which, al- 
 though still unrepealed, are only occasionally brought into 
 operation on account of the exceptional and special nature 
 of their subject-matter. "With these it will hardly be ex- 
 pected that you should be familiar. Eeverting to the first 
 class of Acts, some forty or fifty can be selected from its 
 ranks which are so iacorporated in every text-book which 
 the student comes across, so necessary to be mastered, 
 almost at the commencement of a lawyer's studies, that it 
 behoves me, writing in your interests as an articled clerk, 
 to draw your attention to them, and advise your gradual 
 perusal of them during the time of your articles, beginning 
 with your second year. As being more intimately con- 
 nected with the subjects you have been already studying, 
 I here append a list of nine of these statutes, comprehend- 
 ing matters specially treated of in the four volumes which I 
 now presume you to have read (Mr. Williams' two works, 
 the first volume of Stephen's Blackstone, and a portion of 
 Chitty on Contracts). These statutes it is incumbent upon 
 you to read without loss of time ; and in the after portion 
 of this book I shaU. assume that you have carefully read 
 them, and shall only cite them by their dates whenever in 
 future I may have occasion to allude to them. One even- 
 ing a week specially devoted to statute law vdU be amply 
 sufficient, during the ensuing twelve months, to make you 
 acquainted with the Acts whose dates and titles are given 
 on the next page.* 
 
 * The earlier Acts (marked *) can be learned, for the present, from 
 Williams' Seal Property, Chitty's Contracts, and Stephen's Blackstone. 
 Those not so marked must be ordered through a law bookseller (they 
 "will only cost a few pence each) in separate sheets. 
 
120 
 
 THE SECOND TEAE. 
 
 List of Statutes to be bead by the Studext dtjeing the 
 Secoitd Yeae of his Articles. 
 
 Dates. 
 
 (1.) 27 Hen. VIH. c. 10.* 
 
 (2.) 29 Car. H. c. 3.* 
 
 (3.) 3 & 4 Wffl. rV. c. 74.* 
 
 (4.) 3&4WiILrV.c. 106.* 
 
 (5.) 1 Vict. c. 26. 
 
 (6.) 8 & 9 Vict. c. 106. 
 
 (7.) 13 & 14 Vict. c. 60. 
 
 (8.) 19 & 20 Vict. c. 120. 
 
 (9.) 22 & 23 Vict. c. 35. 
 
 Titles. 
 
 " The Statute of Uses." 
 " The Statute of Frauds." 
 " Fines andEecoveries Act." 
 " Eeal Property Amend- 
 ment Act." 
 " Wills Act." 
 
 " Eeal Property Amend- 
 ment Act, 1845." 
 "Trustee Act, 1860." 
 "Leases and Sales of Set- 
 tled Estates Act." 
 "Trustees' Eelief Act, 
 1859." 
 
 * See note preceding page. 
 
 There are many others mentioned in my Table of Statutes (pub- 
 lished by Messrs. Butterworth) which the student could with ad- 
 Tantage peruse, should time permit (Editor's note). 
 
( 121 .) 
 
 CHAPTEE in. 
 
 THE THIBD YEAR. 
 
 PAET I. 
 
 Different kinds of actions in the Common Law Divisione— Suggestions 
 for acqiiiring a knowledge of the details of practice — ^Niai Prius 
 business — ^The brief and its preparation — ^Marshalling the evi- 
 dence — General rules of evidence — A short practical view of the 
 ordinary steps in different descriptions of actions, with examples. 
 
 The practice of the cominon law (by whicli I do not now 
 mean that immemorial usage of the realm called " common 
 law" in contradistinetion to the " statute law," but rather 
 those legal remedies administered by the Common Law 
 Divisions of the High Court at Westminster, as distinguished 
 from the " equitable " code adopted by the Chancery Divi- 
 sion) formed, perhaps, the largest portion of the -ordinary 
 busiaess of a soUeitor's office. There are in this country 
 a far greater number of tradesmen than of private landed 
 or funded proprietors ; and iuasmuoh as the courts of 
 common law Tvere the tribunals to which nearly aU com- 
 mercial disputes (excepting those arising between partners, 
 and also excepting such special matters as infringements 
 of copyright and patent) were referred for adjudication, it 
 necessarily foUows that the amount of common-law busi^ 
 ness annually transacted must have been much larger than 
 that growing out of conveyancing or equity. The common 
 law courts, then, were the tribunals having jurisdiction 
 over most matters of contract of which personal property 
 was the subject-matter ; and to these tribunals all persons 
 suffering from a breach of contract of this nature finally 
 appealed. Debt, breach of simple contract, and non-per-" 
 B. a 
 
122 THE THIBD YEAR. 
 
 f ormance of covenants entered into under tte solemnity of 
 a seal, were the three divisions into which, this branch of 
 injury naturally resolved itself ; and you wiU accordingly 
 iind that the first great branch of common-law suits — 
 actions ex contractu — was subdivided in that manner. Debt 
 was the form of action usually resorted to when the re- 
 covery of a iixed sum of money due from one party to 
 another was desired ; assumpsit, when a breach of a simple 
 contract (that is, of an engagement not ujader seal) had 
 occurred; covenant, when a contract under seal had been 
 broken. The courts of law did not profess to enforce 
 specific performance of any contract; they only awarded 
 damages for the breach : thus, even where a certain swn. of 
 money {debt) was adjudged due to a plaintiff, the Court 
 gave it him by way of liquidated damages, and not by way 
 of specific performance of the implied promise to pay; 
 whilst, if the breach of a simple contract {assumpsit) or of 
 an engagement under seal {covenant) was complained of, it 
 is self-evident that the law, in awarding to the plaintiff a 
 sum of money in respect of the nonfulfibnent by the de- 
 fendant of his legal promise, gave it as damages in com- 
 pensation of the injury sustained. This distinction between 
 damages, as awarded by the courts of common law, and 
 specific performance, as decreed by the courts of equity, 
 was an important one, and should be clearly apprehended 
 by you, in order to arrive at a just estimate of the different 
 ends formerly achieved by the means of common law and 
 equity respectively. 
 
 But, besides breach of contract, the courts of law also 
 professed to compensate personal injuries. And this gave 
 rise to the second great class of common law suits — actions 
 ex delicto, otherwise actions of tort. If any one man 
 suffered an injury at the hands of another, it must neces- 
 sarily have occurred that this injury was either occasioned 
 by a breach of a contract, or else by a wrongful act (a tort) 
 
THE THIKD TEAE. 123 
 
 committed iiirespeetive of any special contract. Of the 
 former class of cases I have already spoken; the latter 
 was divided by the Courts into four diYisions :* 1 . Tres- 
 pass; 2. Trespass on the Case; 3. Trover; 4. Detinue; 
 and I must now briefly explain the object and effect of 
 each of these kinds of actions ex delicto. 
 
 1. Trespass was the form of action where a man com- 
 plained of a direct injury to his person or property. Thus, 
 if A. assaultedB. (which was an injury to the person), B. had 
 his remedy in an action of trespass. Again, if C. wrong- 
 fully intruded on D.'s land, D. had an action of trespass 
 quare clausum, fregit ; that was, trespass by the "breaking 
 of his (D.'s) close." In either case the action of trespass 
 was resorted to, and the Court awarded damages for the 
 injury. 
 
 2. Trespass on the case was the remedy in two classes of 
 <ases, — ^first, when the injury complained of was indirect, 
 and secondly, when it was rather an injury done to the 
 reputation than to the person, or property. As an illustration 
 of the first of these, supposing A. threw a log at the head 
 of B., this would have been a direct injury to B.'s person, 
 and therefore trespass would have been the form of action; 
 but on the other hand, suppose A. threw the log (having 
 no right to do so) at a time when B. was not passing, and 
 afterwards B. came up in the dark and broke his leg 
 stumbling over it, — ^here the injury was indirect, and tres^ 
 pass on the ease would have been the form of action to be 
 employed, f As an example of the second kind of injury 
 — damage done to the reputation — ^remedied by an action, 
 " on the ease," I may instance : (I.) Libel, where defama- 
 tory writings or drawings were published by one person 
 against another ; (2.) Slander, when the defamatory matter 
 
 * The exceptional or irregular action^ of ejectment, replevin, dower, 
 and guare impedit are noticed later. 
 
 t This example is borrowed from Mr. Smith's Action at Law. 
 G 2 
 
124 THE THIED YEAE. 
 
 was spoken instead of writteia ; (3.) Seduction, wMcli was in 
 form an action on the case brougM by the employer of 
 a girl to recover damages for the injury done to him by 
 the non-efficiency of his servant ;* and (4.) Malicious pro- 
 secution, when one person had causelessly and maliciously 
 prosecuted another in a criminal court. A fifth Mnd 
 t>f action — ^breach of promise of marriage — which, at -first 
 sight, might appear to belong to this class, was ranged by 
 the law under the head of actions ex contractu, and was 
 brought in the form of assumpsit, for breach of the con- 
 tract to marry. The action " on the case " was not confined 
 to the instances named above, but was the usual remedy 
 afforded by the common law where an injury is complained 
 of which did not in form fall within any other class of 
 action. In every one of these actions of trespass on the 
 case the Courts followed their usual principle of compensa- 
 tion, and awarded a pecuniary solatium, in the shape of 
 damages, to the aggrieved party. 
 
 3. Trover. This action was confined within somewhat 
 narrow limits, and was in form brought to recover damages 
 for the finding and wrongful conversion of property. It 
 was the usual form of action in which carriers were sued 
 when goods were lost in transit, or delivered by them to 
 the Avrong party. 
 
 4. The action of detinue was somewhat akin to trover, 
 and was generally brought when a party who had come 
 into lawful possession of property for a stated purpose or 
 time, detained it after the ptu-pose has been fulfilled, or 
 the time has expired. It differed from trover in two 
 particulars: first, in suing for it the property sought to be 
 recovered must have been described with great particularity 
 in the plaintiff's first pleading (the declaration) ; secondly, 
 
 '' The law does not recognize any moral right in either the girl or 
 her father (as such) : it professes only to give damages for the civil 
 inj'tityji not to punish the wrongdoer. 
 
THE TraBD YEAR- 125 
 
 the Court in tliat instance departed from its usual course, 
 and ordered the specific restitution of the article detained, 
 in addition to damages, for the detention. This was not the 
 case with trover, where the verdict, awarding damages to 
 the plaintifiE, vested the subject-matter of the action in the 
 defendant, as soon as he had paid those damages.* 
 
 Besides these two regular divisions of common-law 
 actions, into actions ex contractu, and actions ex delicto, 
 there was a third irregular class of actions, brought for 
 special purposes under statutory provisions. The first 
 action of this class was ejectment, which was brought to 
 recover the possession of real property, and which was the 
 only form of action in use for that purpose. Ejectment 
 was of two kinds : first, that brought by the alleged right- 
 ful owner of the fee (or estate taU, or Hfe estate, as the case 
 might be) against another who was in alleged wrongful 
 possession of the land; second, that brought by a landlord 
 against his tenant, when the latter continued in possession 
 after his tenancy had legally determined, by notice or other- 
 wise. It was to be observed, in reference to this, that 
 if a landlord let property for years to a tenant, and con- 
 tinued, against the terms of the lease, in possession of the 
 property, the tenant had no remfidy by ejectment (which 
 could only be brought by the owner of the iaheritance, or 
 life estate), but must have resorted either to covenant, or 
 trespass, according to circumstances. The action of eject- 
 ment was a very important one, and very complicated ques- 
 tions of title, descent, «&c. frequently arose in the course of 
 proceedings. It had one great peculiarity, there were no 
 pleadings, the writ in that action containing a full descrip- 
 tion of the property sought to be recovered, after service of 
 
 * The student must remember that there is now no classified forms 
 of action under the Judicature Acts (Editor's note). 
 
126 THE THIED TEAH. 
 
 wMch. the issue is at once made up.* A second exceptional 
 action was that of replevin, which is brought by the owner of 
 goods wrongfully taken by distress. This was altogether 
 an anomalous kind of suit; the proceedings commenced in 
 the district County Court, and the subsequent pleadings en- 
 tirely differed from those employed in any other action. I 
 should here mention that replevin could only be brought for 
 a wrongful distress; if what was complained of was that 
 the distress is excessive only, the remedy was by an action 
 on the case, under an old act known as the "Statute of 
 Marlbridge."f The other two actions, dower and quare im- 
 pedit, were of the class formerly called "real actions," most 
 of which were abolished in the year 1833; but as siace 
 1860 they commenced with an ordinary writ of summons, 
 issuing out of the Court of Common Pleas only, they have 
 lost much of their exceptional character. The former of 
 these actions was brought by the widow against the heir 
 to recover her dower, or third of her late husband's real 
 property undisposed of at his death; the latter was resorted 
 to by the presentee of a benefice when the bishop refused to 
 confirm by ordination the presentation of the clerk's patron. 
 Both these last-named actions were of very rare occurrence.f 
 Having thus glanced at the characteristics of the differ- 
 ent kinds of actions, I would now offer you a few brief 
 and general suggestions as to the mode in which you 
 should acquire a knowledge of common-law practice. As 
 I have already informed you at some length in the first 
 chapter of this book, the action in every ease (excepting 
 replevin) commenced with a "writ of summons," which 
 
 * An action for recovery of land has been now substituted for the 
 writ of ejectment, and the writ and pleadings are now the same as in 
 ordinary actions (Editor's note). 
 
 t The writ and pleadings in an action of replevin are now similar 
 to those in ordinary actions (Editor's note). 
 
 % But under the Judicature Acts the jurisdiction of the Court of 
 Common Pleas is in these actions transferred to the Common Pleas 
 Division of the High Court (Editor's note). 
 
THE THIRD YEAE. 127 
 
 was issued out of the office of the court in London. This 
 writ may be issued at any time, in or out of term. There 
 were four descriptions of -writs of summons : first, that 
 brought for a specific siun due, the particulars of which are 
 "indorsed " on the writ : thus, if A. owe B. 30Z. on an ac- 
 count, an "indorsed" writ woidd have been issued. The 
 second kind of writ was, where the damages sought to be re- 
 covered were unliquidated : thus, if C. brought an action for 
 breach of promise against D., the damages were laid at some 
 large nominal sum(l,OOOZ.for instance), and the proceedings 
 commenced with a plain or tmindorsed writ of summons. 
 The writ in use in ejectment was a third and very peculiar 
 class of instrument : there being formerly no pleadings in 
 this action, the writ served at once the purpose of a sum- 
 mons and of a declaration, the property sought to be re- 
 covered was fully described, and the defendant, by appear- 
 ing, impliedly pleaded the "general issue" — that was, 
 denied the plaintiff's right to the possession of the pro- 
 perty.* There was a fourth writ, issued under the provisions 
 of "The BUls of Exchange Act," passed in 1855 ; in this 
 case the indorsement was a copy of the bill itself, and the 
 defendant was not allowed to delay the subsec[uent proceed- 
 ings by any pleadings, ujiLess let in on affidavit showing 
 that he had a " good defence on the merits " — as a set-off, 
 payment, want of notice (if an indorser or drawer), fraud, 
 or forgery.f The writ (whatever its kind) having been 
 served, as shown in the first chapter, the pleadings take 
 place in due order, as before detailed. These pleadings 
 are drawn up in the offices of the soUeitors engaged, except 
 where the matter is very complicated and exceptional, 
 when they are settled or drawn by counsel. I should 
 therefore advise you, whenever an action is depending in 
 
 * Now the writ and pleadings, as before mentioned, are the same 
 as in other actions. 
 
 t By Order II., Rule 6, of the Judicature Act, 1875, the procedure 
 under the Bills of Exchange Acts still continues to be used as far as 
 the writs and appearance are concerned (Editor's note). 
 
128 THE THIEB YEAE. 
 
 your principal's office, not only to carefully read the plead- 
 ings exchanged between the solicitors, from time to time, 
 but to take notes of the proceedings in a little book to be 
 kept for the purpose — something after this manner : 
 
 j_.. When and to whom 
 
 ' Action. Fhading. Its effect. ,ii,ii„pZii ««^^ pleading to 
 
 be delivered. 
 
 Morris Statement Setting up a May 1, Within 21 days, 
 
 V. of release of one 1868. i.e. on or before 
 
 Hepburn, defence, part of the May 22nd, to 
 
 claim, and a the plaintiff's 
 
 set-off against solicitor, Mr. 
 
 the other. Smith. 
 
 Keep a separate page of this book for each action passing 
 through the office ; and, at the time of making a new entry, 
 collate it with the one inrmediately preceding. This pro- 
 cess cannot fail to make you familiar, not only with the 
 form in which pleadings are framed, but also with the kinds 
 of defence ordinarily set up in different actions. I cannot 
 spare space here to enter upon any detailed explanation of 
 the rules of pleading,* but will only here say, that the 
 d.eclaration consisted of one or more " counts" or charges, 
 to each of which " counts" the defendant in reply pleaded 
 a separate plea. The rules of pleading did not allow two 
 pleas to the same count without first obtaining leave of a 
 judge at Chambers (in London) by means of a " Summons 
 to plead several matters." To this rule there was, however, 
 an exception in the case of some fourteen or fifteen ordinary 
 pleas (such as "infancy," "coverture," "release," "set- 
 off," &c.) which might have been pleaded together without 
 such leave.f Attentively note, from time to time, the course 
 adopted in the actual pleadings which pass through your 
 
 * This subject will be treated of later (see Chap. V.). 
 
 t As before meutioued, the statement of claim has now taken the 
 place of the declaration, and the statement of defence that of the 
 plea (Editor's note). 
 
THE THIRD YIIAB,. 129 
 
 office, and try to ascertain the ;reasons suggesting one course 
 being pursued preferably to another. 
 
 Besides the perusal of the different pleadings, and the 
 system of written notes which I have recommended, the 
 advice given you in a former part of this book, as to read- 
 ing aU. the letters passing between your principal and his 
 town agents (as to the issue of writs, their service, the 
 pleadings, entering for trial, &e., as well as the subsequent 
 signing, judgment, taxation of costs, and issuing writs of 
 ft- fa., enforcing the judgment of the Court), should be 
 followed strictly from one day to another. 
 
 The bills of costs must also be perused. An action at 
 common law is ordinarily liable to fewer incidental inter- 
 ruptions than an action in the Chancery Division, or even 
 a matter of conveyancing; consequently the proceedings 
 follow in pretty regular succession in the bill of costs sub- 
 sequently made up and delivered. Although a biU of costs 
 may seem dry reading enough to you, who are gladdened by 
 no prospective vision of profits arising therefrom, still you 
 win find one of these uninviting documents wiU give a better 
 " bird's-eye view," as it were, of the routine of an action 
 than any treatise or dissertation that ever was published. . 
 
 If your principal will permit you to do so, I should 
 recommend that you occasionally look at his diary, con- 
 taining anticipatory and prospective notes of steps to be 
 from time to time taken in different matters of business. 
 Whether you are allowed to do this or not, however, the 
 Day-book is, at all events, open to you ; and as this book 
 contains a day-by-day record of every professional matter 
 transacted in the office, you will find its aid most valuable. 
 
 Assuming you to have been articled in the country, the 
 only practical experience of a common-law action attainable 
 by you previously to going up to your principal's town 
 agents, is afforded by the proceedings at Nisi Prius, at 
 
 g5 
 
130 THE THIRD TEAE. 
 
 the assizes held in your town. These assizes are progresses 
 made by the judges (twice a year ; once during the period 
 between the end of HUary and the commencement of Easter 
 sittings, and once duiing the Long Vacation) for a double 
 purpose, namely, that of trying criminals at the assize 
 town of the district in which the oifence was committed, 
 and also that of supplying, in some degree, the place of 
 local superior courts of civil jurisdiction. 
 
 At these assizes all criminal cases not triable at Quarter 
 Sessions (embracing the more serious class of felonies) 
 and all civil cases involving interests too large to be ad- 
 judicated upon by the County Courts, are tried before 
 two of her Majesty's judges (selected indiscriminately 
 from the High Court), one of whom sits on the " Crown 
 side" of the Court, and presides at the criminal trials there 
 taking place, and the other of whom sits on the ' ' civil side ' ' 
 and "takes pleas." These Courts are opened on a fixed 
 day by "commission," which "commission" authorizes the 
 judges named to hear causes, whether originating in the 
 particular Court or Courts of which they are members, or ia 
 one of the other Courts. Por a fuU account of the origia of 
 " Nisi Prius " sittings, as well as of the peculiar fimctions 
 of the judges and ofiicers of the Court, I must refer you to 
 a book which you should commence reading immediately 
 after your intermediate examination is happily accom- 
 plished — Smith's Action at Law. 
 
 When a solicitor acting for the plaintiff is desirous that 
 his client's cause should be tried at a particular assize, he, 
 in the first place, takes care that the joinder of issue occurs 
 in time to allow of the cause being entered at that assize. 
 Immediately issue is so joined (by the one party directly 
 contradicting the last pleading of his ^adversary) a copy of 
 the pleadings, called "the issue" is made by the plaintiff's 
 solicitor, and notice of trial forwarded by him to the solicitor 
 on the other side. The "record," so-caUed because it was 
 
THE THIED "TEAE. 131 
 
 the official record of tke pleadings, was then made up by the 
 plaintiff's attorney ; now, iastead, two copies of the pleadings 
 are brought into Court when the case is called on; and one 
 is the only document to which the judge may look to see 
 whether the evidence offered is in accordance with the 
 issues raised by the pleadings. After the issue is made 
 up, and the plaintiff's solicitor has given a written "notice 
 of trial" to the other side, which must be done at least ten 
 clear days before the "commission day," should he after^ 
 wards wish, for any reason, to delay the hearing of the 
 trial after giving this notice, he has to give a second notice 
 (called "countermand notice of trial") to the defendant's 
 solicitor, which can only be done with leave or by consent 
 of parties before the commission is opened. 
 
 These proceedings having been taken, the brief prepared, 
 and the witness subpoenaed, nothing more can be done until 
 Commission-day, when the senior judge (having entered 
 the town, escorted by the mayor and sheriff, and having 
 heard afternoon service at the cathedral church, if it be a 
 cathedral city) attends at the building wherein the assizes 
 are to be held, when her Majesty's commission is read 
 aloud by the proper officer. Immediately after this has 
 been done, the plaintiff's solicitor attends at the office ap- 
 pointed for the purpose, enters his cause for hearing, and 
 bespeaks a special jury, if necessary. He then seeks out 
 the lodgings of the counsel whom he has selected for con- 
 ducting his cause, delivers the brief, which he has pre- 
 viously prepared, to their clerks, and appoints a time for 
 the consultation. This consultation having duly taken 
 place, and the solicitors in the action having seen that 
 their respective witnesses are in readiness, all parties fold 
 their hands and await the hearing of the cause. 
 
 I must now go back to the brief, which, as you have 
 just seen, is delivered by the solicitor of each party to the 
 counsel employed by him to advocate the cause, imme- 
 
132 THE THIED YEAE. 
 
 diately after the opening of the commission. The brief is 
 divided into three parts: 1. A transcript of the pleadings in 
 their order, which it is evident will exactly correspond with 
 the record laid before the judge ; 2. A statement of the 
 facts of the case ; 3. A sort of abstract or reswm& of the 
 evidence of the witnesses produced in support of that case. 
 The preparation of this brief is, of course, the province 
 of the solicitor, and its satisfactory "drafting" requires 
 not merely a good knowledge of the law bearing on the 
 particTilar case, but also a logical method and a terse and 
 clear literary style. There is no mistaking a weU drawn 
 brief. Unlike a conveyance, the practitioner has little aid 
 from precedents, and is obliged to fall back on his own 
 ideas ; and consequently the brief when completed bears 
 the impress of the solicitor's mind. In the hurry of nisi 
 prius business, counsel are often compelled almost entirely 
 to rely on the foresight and acumen of the solicitor, and on 
 the correctness, in law as well as in fact, of the instructions 
 conveyed to them by his brief; and a hastily or crudely 
 prepared brief may easily have the effect of losing a case, 
 especially when the matter in dispute is one of fact rather 
 than of contested law. The manner in which a brief is 
 prepared may thus be summarised : — 
 
 1. The client states the facts to his solicitor, who notes 
 them down carefully, and then thoroughly considers any 
 questions of law which may be involved. Having come to 
 the conclusion that thei case is ripe for trial (if he be for 
 the defendant, however, he of course has no option in the 
 matter), he next — 
 
 2. Appoints to see the necessary vsdtnesses, takes down 
 the evidence each one is prepared to offer, and directs his 
 (the witness's) attention to the points upon which clear and 
 conclusive testimony is specially required from him. 
 
 3. The solicitor then goes over these notes of the evi- 
 dence carefully with the pleadings, expunges whatever is 
 
THE THniD YEAB. 133 
 
 clearly irrelevant to the issue, and (if necessary) makes 
 note of any further matters needful to be brought before 
 the Court. He also ascertains what -documentary evidence 
 ■will be required, and takes the proper steps to insure its 
 production. 
 
 4. Prom the minutes of evidence as finally settled he 
 draws out the case, stating every point in its logical order, 
 and directing counsel's attention to the facts to be especially 
 dwelt upon in addressing the jury. Any questions of law 
 which may be involved he also notices at length, and gives 
 references to any cases bearing out his view of the matter, 
 which cases he must take care to be prepared with in Court 
 when the cause comes on for hearing. 
 
 5. The case having been thus drawn, and compared once 
 again with the evidence and the pleadings, the pleadings, 
 case, and evidence are arranged in due order, fair-copied by 
 a clerk on brief -paper, and finally delivered to the counsel 
 
 'selected to conduct the cause. 
 
 No detailed observations on the shape the case should 
 assume and the evidence necessary to bear it out, can pos- 
 sibly be given in this place. In these respects it is suffi- 
 ciently evident that every individual case depends upon its 
 own merits. But I here append a few of the more general 
 rules of law governing evidence, in illustration of this 
 branch of my subject, and as a preparation for your perusal 
 of some more complete work treating thereof. 
 
 The first great rule is, that "the best possible evidence 
 should be produced." From a common-sense point of 
 view, if A. were to assavdt B., and C. was present at the 
 time, C.'s corroborative evidence would be the "best pro- 
 ducible;" and, in the unexplained absence of C, the 
 evidence of D., whom B. immediately afterwards informed 
 of the occurrence in A.'s presence,would be open to objection. 
 But the rule has really a more technical and restricted opera- 
 tion, than this, and is, in practice, almost entirely confined to 
 
134 THE THIED YEAE. 
 
 documentary evidence. As an instance: A., a plaintiff, de- 
 sires to produce in evidence a deed, the original of ■wHcL. is in 
 the custody of B., the defendant, but of which A. possesses 
 a copy. Now, as it is incumbent upon A. to produce the 
 lest possible evidence of this deed, it is evident that he must 
 produce the deed itself, if available, in preference to the 
 copy. If, after giving B . a " notice to produce ' ' the origrnal, 
 B. declines or neglects to do so, A. can then faU baci upon 
 the copy, which will be admissible as secondary evidence. 
 
 Another fundamental rule is, that "hearsay evidence is 
 not admissible." By "hearsay evidence" is not necessarily 
 meant "anything that is heard:" for instance, if A. ver- 
 bally agrees with B. to do a certain thing, and C. is present 
 and hears the agreement, C. is perfectly competent to testify 
 thereto. Again, if A. assaults B., and B. calls out "mur- 
 der" ! and C. hears it, there is no earthly reason why C.'s 
 evidence on this point should not be allowed. What is 
 meant by "hearsay evidence " is the narration of a past 
 event by one person to another : and it is to the rejection 
 of rumours of this kind that this rule is directed. For in- 
 stance, if A. oilers B. 50/. to settle an action, and B. goes 
 away and afterwards iaforms 0. of the fact, now C. cannot 
 be put m. the witness-box to say that B. told hi-m (C.) that 
 A. had offered him 60Z. to settie the action. This is "hear- 
 say evidence," and cannot be admitted. If, however, A. 
 had been present when B. so informed C, and A. did not by 
 word or gesture dissent from the narration, it would cease 
 to be "hearsay evidence" (A. converting it into positive 
 evidence by his implied assent), and would be admissible. 
 
 Another rule affects the competency of witnesses (and 
 perhaps, properly, I ought to have stated this first). Before 
 anyone can be admitted to give evidence in a court of law, 
 the Court must be satisfied that he or she is of competent 
 age and understanding. A very yoimg child — three or 
 four years old — would obviously in no case be admissible 
 
THE THIRD TEAE. 135 
 
 as a witness ; for it is, by its tender age, quite incapable of 
 ■understanding the matter, or even tbe questions addressed 
 to it. Wbetlier a eliild is or is not a competent ■witness 
 after those first tender years are passed depends in every 
 instance upon the intelligence of the child and its compre- 
 hending the consequences of saying -what is not true. The 
 same reason that forbids the reception of a very young 
 child's e-sidence — ^lack of understanding — applies -with even 
 greater force to lunatics and idiots ; and these are conse- 
 quently ineligible as witnesses. Another class of persons, 
 incapable of giving e^videnee are those ■who neither believe 
 in a Grod, in a future state, nor in any punishment here 
 or hereafter attending those -who deliberately bear false 
 ■witness. It is e-vident that upon so thorough an atheist as 
 this — one who fears nothing, dreads nothing, and acknow- 
 ledges no superior — the Court can have no hold ; and his 
 e-vddence therefore is rejected. Formerly the rule as to 
 religious belief was very stringent, but it has been latterly 
 much modified ; and now every person who believes that he 
 ■will be punished supernaturally (that is, by any other 
 means than those possessed by man) if he Hes, is an ad- 
 missible -witness; and it is enacted by 32 & 33 Vict. c. 68, 
 that if a 'witness, either in ci'vil or criminal cases objects to 
 take an oath, or is objected to as incompetent to take an 
 oath, he may, by leave of the presiding judge, give evidence 
 on declaration, and be liable to the penalties of perjury for 
 false evidence. These are the only incompetent persons ; 
 except in two special cases presently to be noticed. For- 
 merly criminals, aliens, married women, and a still larger 
 class of "interested parties" (the litigants themselves — 
 plainti£Es and defendants) laboured under partial or entire 
 disabilities; but this was altered by the "Evidence Act, 
 1851 " — one of the many admirable legal reforms which the 
 country owes to Lord Brougham ; and all these classes of 
 persons are now eligible witnesses. The two exceptions to 
 
136 THE THIED TEAE. 
 
 which I refer were in the cases of breach of promise of 
 marriage and divorce. In the former of these cases, neither 
 the plaintiff nor defendant could have been called as wit- 
 nesses ; in the latter, neither husband nor wife was allowed 
 to give evidence of the other's adultery. But by 32 & 33 
 Vict. c. 68, above alluded to, either party to an action for 
 breach of promise of marriage shall be competent and 
 compellable to give evidence in such action; and in cases of 
 adultery the husbands and wives are competent witnesses, 
 but are not bound to criminate themselves unless either of 
 them shall have previously given evidence in disproof of his 
 or her alleged adultery. 
 
 Another important rule of evidence is, that no disclosure 
 is allowed to be made of affairs of state, nor of matters 
 which it would be impolitic to make publicly known. A 
 branch of this rule is that which provides against the 
 enforced disclosure of matters imparted in professional 
 confidence. This rule at present only extends to the cases 
 of solicitors and counsel, neither of whom can be examined 
 upon matters communicated to them professionally by their 
 clients.* Clergymen and medical men are shielded by no 
 . such privilege ; and although this may be in exceptional 
 cases matter for regret, stUl there can be little doubt but 
 that, generally speaking, the interests of the public are 
 best served by this enforced disclosure of professional con- 
 fidence. 
 
 I must now refer back to the rule against "hearsay 
 evidence," for the purpose of informing you of some of 
 the principal exceptions to it. These, when examined, 
 will be all found to rest on one ground — ^namely, the im- 
 possibility of procuring other evidence upon the particular 
 point. 'Thus, it is expedient that questions of pedigree. 
 
 * This rule does not, however, extend to protect the solicitor where 
 actual fraud is attributed to him in the conduct of the matter; and 
 this whether at law or ih equity. 
 
THE TUIBD YEAE. 137 
 
 legitimacy, &c., &c., should be allowed to be establLslied by 
 means of hearsay evidence, because it generally happens 
 that no other is procurable ; and, consecLuently, not only 
 entries in family bibles, inscriptions, tombstones, &c., are 
 admissible in this class of cases, but even the conversation 
 of deceased parents and friends, relative to such matters 
 as birth, marriage, baptism, christening, death, and burial, 
 are received in evidence by the Courts. Again, it is now 
 an established rule that entries made in the ordinary course 
 of business by the person who should by right make them 
 are good evidence, even although the person making such 
 entries, being examined, profess his inability to state more 
 concerning them than that they were made by hi-m at the 
 time, in the ordinary and regular course of business. And 
 entries made by deceased persons are admissible in proof 
 even of collateral circumstances, if such entries be against 
 the interest of the person making them. There is one very 
 curious instance of this in the- books, where a surgeon 
 entered in his ledger a charge for attending a lady in 
 child-birth, opposite to which charge he put the word 
 "paid;" this acknowledgment was held to make the entry 
 one " against the interest of the party making it," and the 
 entry was accordingly received as evidence of the date of 
 birth of the child, and its consequent legitimacy.* Another 
 exception to the rule is in relation to matters of public 
 notoriety, of which every member of the community must 
 be taken to be informed ; and a further exception is made 
 in matters of local notoriety — such as the existence or non- 
 existence in times past of rights of way, or water, boun- 
 dary-stones, or ancient lights — which matters constantly 
 let in the hearsay testimony of that interesting creature, 
 the " oldest inhabitant." The last great exception to the 
 
 * Higham v. Mdgiray, 2 Smith, L. C. 183. See also Price v. Tor- 
 fington, 1 Smith, L. 0. 139— (Editor's note). 
 
138 THE THIRD YEAE. 
 
 rule provides for the admissibility of declarations made in 
 sick-beds by persons in articulo mortis. 
 
 Such are a few examples of the rules affecting evidence. 
 The subject itself is far too large for me to attempt here 
 anything like an exposition of its principles. For that 
 purpose I shall refer you hereafter to the admirable and 
 luminous works of Mr. Taylor and Mr. PoweU. 
 
 I will conclude this branch of my subject with a practical 
 outhne of the proceedings in foui different species of actions 
 — the first, under the Bills of Exchange Act; 1855; the 
 second, an action for debt (indorsed writ); the third, an 
 action for damages (un-indorsed writ) ; and the fourth, an 
 action of ejectment.* I shall further clothe the outlines of 
 each suit with imaginary details ; and thus endeavour to 
 make the foregoing observations more fully intelligible to 
 you:— 
 
 Case I. 
 
 Tatlob, v. Osboene. 
 
 Tayioe v. Mestton. 
 
 Mr. Taylor, a London wholesale jeweller, is in the habit 
 of sending a traveller to solicit orders on his behalf from 
 retail dealers trading in the country. His traveller on one 
 occasion calls upon a shopkeeper named Osborne, residing 
 at Devizes, and the latter orders jewellery of the value of 
 36Z. The traveller tells him that his principal's terms of 
 dealing are — a three months' bill, which, iu the case of a 
 new customer, must be "backed" («.e. indorsed) by an- 
 other party. Osborne represents that it would be more 
 convenient to him. if the amount could be divided into two 
 bills for 18Z. each, one drawn at two and the other at four 
 months: these terms are finally agreed on, and another 
 
 * Strictly now called an action for recovery of land (Editor's note). 
 
THE THIRD YEAE. 139 
 
 tradesman named Minton indorses botli bills, — of wMch 
 the following are copies : 
 
 (No. 1.) 
 £18 ^ ^3 .J ^ London, May 1st, 1876. 
 
 Two months aftfg i&,^ my to me or my order Eighteen 
 pounds (value recay^). ,5 
 
 "S" -^ "i o James Tayloe. 
 
 Mr. OSVAT.TI OSBOElrtS^ ^ 'S 
 
 5^ .^^ ■> 
 Jeweller, Devi&s.c ^ 
 
 Indorsed "Alfred Minton." 
 
 (No. 2.) 
 £18 £ 'ii .■ ^ London, May 1st, 1876. 
 
 T'our months af&^a|fe -feiy to me or my order Eighteen 
 pounds (value reoeSvfi.)^ o 
 
 "s" -S "i O JAiiES Taylor. 
 
 Mr. Os-WAu> OsBOKNEg, ]|^ Z2 
 
 Jeweller, Deyials.^ '^ • 
 
 Indorsed " Alfred Minton." 
 
 N.B. — Taylor (the drawer) sends the bills by post to 
 Osborne, who accepts them (thereby becoming the ac- 
 ceptor), and Minton indorses them (thereby becoming the 
 indorser) ; the bills are then sent back to Taylor, who is 
 now the indorsee. 
 
 On July 1st the first bUl becomes due ; the three " days 
 of grace " allowed on every inland bUl having expired, 
 Taylor (through his agent at Devizes) presents it for pay- 
 ment at the Wiltshire and Gloucester Bank : no money of 
 Osborne's, however, is forthcoming ; the bill is dishonoured, 
 — "no effects" written upon it — and returned to Taylor. 
 The latter immediately gives written "notice of dishonour" 
 to Minton, the indorser, and takes the bill to his solicitor, 
 who says, "You cannot sue upon it except in a County 
 Court; the bill is for less than 201., and, consequently, 
 im.der the County Courts Act, 1867, you have no rpmedy 
 in the superior courts." " Oh! " says Taylor, " but I have 
 
140 THE THIRD YEAH. 
 
 another bill of the same amount, with the same drawer 
 and indorser, coming due on September 1st." " That will 
 do," replies his solicitor, " as the second bill will be due 
 within six months* of the first, there is nothing to prevent 
 your coupling them in one writ, under the BiUs of Ex- 
 change Act, as soon as the second bill is dishonoured." 
 Upon this Taylor goes away. In due course the second 
 bill becomes due, is presented, dishonoured, and notice of 
 dishonour given to Minton. Taylor then goes again to 
 his adviser, who asks how much interest is due on the bills 
 (for bills of exchange as against the acceptor always carry 
 interest from the day they arrive at maturity, and as 
 against the indorser from the time notice of dishonour is 
 given), and then says, "As from your account Osborne 
 seems shaky, you had better issue two writs — one against 
 the acceptor, and one against the indorser ; and this you 
 have still the right to do. f So the matter is settled, and 
 two writs issued in the Queen's Bench Division (any one 
 of the other divisions would have done), J one against 
 Osborne, the other against Minton. The indorsement 
 gives a copy of the biUs, and states the interest already 
 due, and the costs. Taylor's solicitor sends down the two 
 writs for service by his correspondent at Devizes. Upon 
 this, Osborne and Minton go together and consult their 
 adviser, whose first questions are, "Were the bills for 
 value ? was proper notice of dishonoiir given in each case? 
 and are the signatures your genuine handwritings ? " All 
 these questions beiag answered in the affirmative, the soU- 
 citor says, " Then you must pay the money at once, Mr. 
 Osborne." Osborne says, "It isn't convenient to do so for 
 
 * An action under tlie "BiUof Exchange Act " must be commenced 
 within six months of the hiU becoming due. 
 
 t The a,cceptor and the indorser might have been included in the 
 same writ, subsequent proceedings being taken, however, as if sepa- 
 rate writs had been issued (Editor's note). 
 
 % The writ might have of course issued out of the district registry 
 (Editor's note). 
 
THE THIRD YEAB. 
 
 141 
 
 a couple of months ; can't I delay Taylor by putting in a 
 plea?" "No," says the soHcitor; "unless your defence 
 is fraud or forgery, payment or set-off, you are not allowed, 
 in an action of this kind, to put in a plea at all. When 
 were you served?" "On the 10th Septemher," replies 
 Osborne. "Well, then, unless you pay the money ■within 
 twelve days — ^that is, on or before the 22nd — ^there will be 
 an execution against one of you." Upon this Osborne 
 consults with Minton, wHo then asks, "If / pay the 
 money, will that do?" "Yes," says the solicitor, "and 
 both actions will then at once be stopped." The affair is 
 then arranged by Minton paying the 36^. with interest and 
 costs, and in return Osborne gives Minton his bill at three 
 months for the amount. Thus the matter is finally settled. 
 
 Here is an outline of the proceedings : — 
 
 Bate. Froeeedings. 
 
 May 1st. Taylor draws, Osborne accepts. 
 
 and 
 
 Minton indorses, two bills for 18^. 
 each, at two and four months. 
 
 July 4th. The three days of grace having elapsed, 
 
 the first bill is presented and dis- 
 honoured. 
 
 Same day. Notice of dishonour is given to Minton. 
 
 September 4th. The second bill is presented and dis- 
 honoured, and notice of dishonour 
 given to Minton. 
 
 September 6th. Taylor's solicitor issues two twelve-day 
 writs under the B. of E. Act,^one 
 against the acceptor and one agaiast 
 the indorser, and sends them for 
 service to his country correspondent. 
 
142 THE THIED YSJai. 
 
 Date. Froceeclings. 
 
 September lOtL.. The writs are served. 
 
 September 12tli. Memorandiam of service indorsed on 
 writs by process-server, and writs re- 
 turned to Taylor's solicitor.* 
 
 N.B. — If Osborne and Minton bad not thus settled the 
 action, Taylor's solicitor's correspondent would have sent 
 an " aifidavit of service," and on the 23rd September judg- 
 ment would have been signed by Taylor's solicitor, the 
 costs taxed, and a writ of Ji. fa. issued — either against 
 Osborne or Miaton at Taylor's discretion. 
 
 After going thus far, I would advise you to read once 
 again, very attentively, the chapter on bills of exchange in 
 Mr. Joshua Williams' work on Personal Property. 
 
 Case H. 
 
 HtJDSOH' v. AlLINGHAM. 
 
 This is an action for goods delivered. 
 
 On the 1st February, 1876, a Mr. Brownsmith called on 
 Mr. Hudson, a farmer, residing near Banbury, and said 
 that he had a commission from London to buy some new 
 red wheat, and inquired whether he (Hudson) had any for 
 sale, and at what price. Hudson had at that time a large 
 quantity of this description of grain, and after some bar- 
 gaining, it was arranged that he should sell a quantity of 
 wheat at the rate of 73«. per 36 stone, amounting alto- 
 gether to 185^. Duplicate agreements were immediately 
 drawn up on sixpenny stamps, and Brovmsmith then dis- 
 closed the defendant Allingham as his principal, and the 
 
 * It must be rememtered that by Order II., Rule 6, under the Judi- 
 cature Acts, that the practice under the Bills of Exchange Act is still 
 contiaued to be used, so far as the -writ is concerned, by the Supreme 
 Court with reference to bills not more than six months oTerdue 
 (Editor's note). 
 
THE THIKD YEAR. 143 
 
 contract was made out in AUingliam's name, Brownsmitli 
 signing per procuration. It was arranged in this agreement 
 that the wheat shoidd be sent to Brownsmith on the 10th 
 of the month, and deposited in his warehouse, — ^Brown- 
 smith showiag Hudson a written general authority for 
 these purposes, signed by AlHngham, and dated May, 
 1876. This was accordingly done a day or two later ; and 
 on the question of payment being raised, Brownsmith said 
 that he had communicated with AUingham, and that it was 
 aU right, and the money should be paid, according to the 
 custom of the trade, at the end of thirty days from delivery. 
 In the meanwhile wheat went down in price 2s. 6d. per 
 36 stone ; and at the end of the thirty days Hudson received 
 from Brownsmith, instead of the money, a note stating 
 that AUingham repudiated the transaction, and denied his 
 (Brownsmith's) right, to contract for him, and requesting 
 that the wheat should be placed to his (Brownsmith's) ac- 
 count, instead of to Alliagham's. This Hudson objected 
 to do ; and, on making further inquiries, it appeared that 
 on the 15th February, AUingham had written to a carrier 
 at Banbury, directiag him to convey the wheat on the 24th 
 from that place to the Grreat "Western Station at Paddington, 
 and from thence to his (AUingham's) stores, near Mark- 
 lane, and the carrier communicated this to Brownsmith. 
 On the 21st, however (after the fall ia the price), AUing- 
 ham wrote again to the carrier, countermanding this order. 
 On learning these circumstances, Hudson considted his 
 solicitor, who advised him to sue AUingham. An. indorsed 
 writ was accordingly issued on the 9th March, out of the 
 Common Pleas Division,* by Hudson's solicitor's agent, 
 and duly served on the foUowing day by the latter on 
 AUingham. The indorsement bore the particidars of the 
 
 * This writ might have issued in the district registry (Editor's 
 note), 
 
144 THK THIBD YEAE. 
 
 plaintifE's claim for tlie 185/. Hudson's solicitor had ex- 
 pected that AUingham would not have appeared, in which 
 case, as the particulars were indorsed on the writ, his agent 
 could have entered judgment for want of appearance, and 
 issued execution immediately (viz. eight days being allowed 
 for AHingham's appearance, on the ninth judgment, taxa- 
 tion and execution might have been obtained); but AUing- 
 ham appeared and defended the action in due course. Upon 
 this it became necessary to prepare a statement of claim.* 
 The venue was laid in Oxfordshire, and the statement of claim 
 contained two causes of action, — the first the special con- 
 tract made with Brownsmith, as the defendant's agent ; the 
 second being merely the old " common eoim^t" for " goods 
 sold and delivered " — stating that the plaintifE sued the 
 defendant "for money payable by the defendant to the 
 plaintiff for goods sold and delivered by the plaintiff to 
 the defendant." This statement of claim was delivered by 
 the plaintiff's solicitor's agent to the defendant's solicitor 
 (who had previously " appeared " for him). Within the 
 eight days the defendant's solicitor pleaded in his statement 
 of defence to the first paragraph in the statement of claim, 
 that Brownsmith had no authority from him to enter into 
 the special agreement declared upon, and also that the 
 contract was against the usage of trade ; and to the second 
 paragraph pleaded a set-off. Within the time limited 
 (viz. three weeks) the plaintiff replied, "taking issue" 
 upon both the defendant's pleas, and thereupon issue 
 was joined. An attempt made by the defendant (at Cham- 
 bers) to change the venue to Middlesex failed, on the 
 plaintiff shovTing (by affidavit) that all the witnesses re- 
 sided in Oxfordshire. The usual proceedings ensued : the 
 
 * As the writ, again, was specially indorsed, a notice might haTc 
 been delivered, referring the defendant to tlie indorsement, or, 
 again, the plaintiff might have proceeded under Order XIV., Kule 1 
 (Editor's note). 
 
THE THIBD TEAK. 145 
 
 issue was made up, notice of trial given, briefs pre- 
 pared, -witnesses subpoenaed, and the cause entered for 
 trial at the Oxford Summer Assizes, the copies of the 
 pleadings being handed to the proper officer. At the trial 
 the evidence adduced by the plaintiff was as follows : — 
 1. The duplicate agreement signed by AUingham per pro. 
 Brownsmith; 2. Proof of the deliTery of the wheat to 
 Browusmith at his warehouse; 3. Plaintiff having sub- 
 poenaed Brownsmith, and given bim "notice toprodiice" 
 AUingham' s general authority, that document was produced 
 by Brownsmith, who had to admit the facts above detailed. 
 4. The Banbury carrier proved the order (afterwards 
 countermanded) by AUingham, as proof of the actual 
 adoption by the latter of his agent's transaction (although 
 this evidence was jiot, strictly speaking, necessary). For 
 the defence (the second plea having been abandoned) 
 the defendant proved that in July, 1865, he had specially 
 limited Brownsmith' s authority to purchases under the 
 value of 50?. — all contracts over that amount to be sub- 
 mitted to him for ratification. The judge thereupon 
 directed the jury that, even leaving the evidence of the 
 defendant's adoption of the contract out of the question, 
 the general written authority given by the defendant to 
 Brownsmith could not be subsequently varied by parol to 
 the prejudice of the plaintiif, he not being privy to such 
 alteration. Acting upon this direction, the jury found a 
 verdict for the plaintiff for 185/. The defendant's counsel 
 immediately applied to the judge for execution to be 
 delayed ; but there being no special reasons, and the 
 application being opposed, no order was made. The asso- 
 ciate's certificate was then obtained, and judgment was 
 accordingly entered in London by the town agent, the 
 plaintiff's solicitor's costs taxed, as between party and 
 party, by the taxing-master of the Common Pleas, and a 
 writ oifi.fa. issued against the goods of the defendant for 
 
 B. H 
 
146 THE THIED TUAE. 
 
 the amount of damages (185Z.) and costs, ■wMch were 
 ultimately paid by the defendant on the execution being 
 withdrawn. 
 
 SUMMABY. HtTDSON V. AlLINGHAM. 
 
 Date. JProceedings. 
 
 March 9th. Indorsed writ issued. 
 „ 10th. Defendant is served. 
 ,, 18th. Defendant appears (within eight days). 
 „ 23rd. Statement of claim delivered to defendant's 
 solicitor. 
 
 „ 31st. Statement of defence delivered to plaintiff 's 
 solicitor. 
 
 April 7th. Plaintiff replies, joining issue. 
 „ 10th. The issue made up. 
 
 ,, 12th. Summons to change the venue (no order 
 made). 
 July 9th. Ten days' notice of trial given. 
 
 [The briefs are then prepared, two 
 copies of the issue are made up, and the 
 witnesses subpoenaed.] 
 ,, 20th. Commission-day^ — cause entered for trial, 
 and the two copies of the issue lodged 
 with the proper officer ; briefs delivered 
 to counsel, and consultation takes place. 
 ,, 23rd. Cause comes on for trial — ^verdict for plain- 
 tiff for amount claimed. 
 August 7th. Judgment entered, costs taxed, and/, fa. 
 issued. 
 
THE THIRD TEAR. 147 
 
 Case HI. 
 EoBiNsoN V. Eailwat CoMPAiry. 
 
 Action of trespass, for uiilic[iiidated damages. 
 
 A Mr. Jones, in February 1868, was travelling on the 
 defendants' line. Owing to some negligence on the part of 
 the servants of the company, whilst stopping at an inter- 
 mediate station, the coupHng-irons attached to the carriage 
 in which Mr. Jones was seated were taken away, and 
 the carriage (which was the furthest from the engiae) 
 was left at the station when the train again started. Before 
 the porters had time to shunt the carriage the through- 
 express came up, cutting right through it, and killing Mr. 
 Jones on the spot. Mr. Jones left a will, in which the 
 plaintiff, Mr. Eohiuson, was named executor; and as, 
 under an act known as Lord Campbell's Act, the executor 
 is empowered to commence an action against the party 
 through whom the death ensued withia twelve months of 
 the occurrence,* Eobinson accordingly issued an unindorsed 
 writ ia the Court of Exchequer on the 10th May following, 
 claiming the nominal sum of 20,000^. as damages. This 
 writ was duly served on the proper officer of the company ; 
 and the latter, feeling that they could not resist the claim 
 in itself, and that the amount of damages was the only real 
 question in the ease, detemdned to allow judgment to go 
 by default, in order that a writ of inquiry might be issued, 
 and the damages assessed before the Sheriff. They accord- 
 ingly did not enter an appearance to the writ ; an iuterlocu- 
 tory judgment was signed by the plaintiff after eight days, 
 
 * If the executor had delayed doing so for six months, the benefi- 
 ciaries under the will might themselves have brought the action 
 (27 & 28 Viet. o.,95) (Editor's note). 
 
 H 2 
 
148 THE THIBD YBAE. 
 
 in the office of the Exchequer division,* and in due course 
 a writ of inquiry issued, directed to the Sheriff of Middle- 
 sex (Mr. Jones having resided in London) ; and the plaintiff 
 having caused a special jury to be summoned, the cause 
 came on for hearing before the Under-Sheriff and a special 
 jury in July following. Under Lord Campbell's Act, the 
 jury, in assessing the damages, are also to inquire Tvhat 
 relatives the deceased left surviving, and apportion the sum 
 awarded between them ; and it was proved at the inquiry 
 that Mr. Jones had left a widow, a grown-up son, and three 
 young children. It was further proved by the plaintiff 
 that Mr. Jones had been, up to the time of his death, in 
 receipt of an income of 600^. a year, and had left but a 
 very small provision for his family. Upon these facts the 
 jury estimated the damage at 4,000/. ; of which they awarded 
 2,0001. to the widow, 600?. each to the three infant children, 
 and 200/. to the grown-up son. The defendants had pre- 
 viously offered to settle the matter for 2,000/., and they had 
 paid that sum into court ; but the jury finding beyond that 
 amount, all the costs fell on the company. Execution might 
 ha\^ been issued in the ordinary way,f but the defendants 
 paid the damages and taxed costs, immediately on final 
 judgment being signed. 
 
 StJMMAEY. EoBINSOlf V. EaTLWAY COMPAlfY. 
 
 Date. Proceedings. 
 
 May 10th. Unindorsed writ issued. 
 ,, 14th. Served on the secretary of the company. 
 ,, 23rd. (No appearance having been entered) plaintiff 
 enters interlocutory judgment, and issues 
 writ of inquiry. 
 [This writ having been duly served, briefs are 
 prepared as for an ordinary trial, and the 
 plaintiff summons a special jury.] 
 
 * Order 5III., Rule 6. See also Bedford's Guide. 
 t Against the goods of the Company, that is. 
 
THE THIED ■SrEAlC 149 
 
 I)ate. Frocccdings. ^ 
 
 July 5tli. The case is heard before the Under-SEerifP. 
 ,, 8th. The Sheriff "returns" the writ of iaquiry, 
 with the result, to the Exchequer Division, 
 and final judgment is entered up for the 
 amount assessed. 
 
 N.B. — ^If the company, instead of allowing judgment to 
 go by defaidt in the first instance, had entered an appear- 
 ance to the writ of summons, subsequent proceedings would 
 {mutatis mutandis) have ensued, as in the case of Hudson 
 V. AUingham. The practical difference between the pro- 
 ceedings on an indorsed Biad. assL-unijidorsedwnt respectively 
 is, that in the former case judgment, for ivant of appear- 
 ance, can be entered, and execution issued at once, if the 
 defendant does not appear ; whilst in the case of an unin- 
 dorsed writ for pecuniary damage, the plaintiff, even after 
 such non-appearance, must issue a writ of inquiry for 
 assessing the damages in the manner above detailed after 
 entering interlocutory judgment. 
 
 Case IV. 
 
 Paeteidge v. Paeteidge. 
 
 This was an action of ejectment, brought by the plain- 
 tiff for the recovery of land in Northumberland, in the 
 possession of the defendant ; and the substantial point in 
 dispute was, whether the defendant was or was not the 
 legitimate elder brother of the plaintiff. 
 
 In 1825 a Mr. William Partridge was residing in a 
 freehold house and grounds situate near North Shields — 
 the subject-matter of this action — ^with a lady who was 
 reputed to be his wife, and whom he always introduced to 
 his friends as such. In 1860 he died intestate, leaving two 
 sons — Thomas, the defendant in the action, and Alfred, the 
 plaintiff. Thomas, as heir-at-law, entered upon posses- 
 
150 THE THIED YEAE. 
 
 sion of the property; but, from information afterwards 
 received, Alfred was subsequently induced to make in- 
 quiries, ■wMcli resulted in Ms ascertaining the following 
 facts : (1) Their mother, in the year 1820, married a Mr. 
 Augustus Bloxam, who. afterwards deserted her. (2) In 
 1825, three years after such desertion, Mr. William Par- 
 tridge married Mrs. Bloxam, described in the marriage- 
 certificate as "widow." (3) In 1826 the defendant was 
 bom. (4) Erom some unexplained cause, in the year 1829, 
 Mr. "William Partridge a second time went through the 
 marriage ceremony with his wife, the contracting parties 
 being again described as " WOliam Partridge, bachelor," 
 and "Ann Bloxam, widow." (5) In 1832the plaintiffwas 
 born. The point in dispute was whether Mr. Bloxam was, 
 or was not, dead in 1 825, when the first marriage toot place. 
 The plaintifF, acting on his solicitor's advice, accordingly 
 commenced this action of ejectment to try the question of 
 the defendant's legitimacy; it being clear that if he were 
 legitimate, he was the rightful heir to the property, and if 
 not, thlB plaintifF. A writ was accordingly issued out of 
 the Queen's Bench, which formally described the property 
 by its abuttals, &c., and commanded the defendant to enter 
 an appearance within sixteen days. This writ was person- 
 ally served upon the defendant in the manner followed in 
 actions of ejectment, being read over and explained to hi'm 
 by the process-server at the time of service. "Within the 
 time limited the defendant put in an appearance ; and 
 thereupon the issue was at once made up, the briefs pre- 
 pared, the record engrossed, notice of trial given, and, 
 finally, the cause came on to be heard at the Newcastle 
 STumner assizes, 1868.* The plaintiff's evidence was the 
 
 * The Statute of Limitations (3 & 4 WOl. 4, c. 27) prescribes twenty 
 years as the period during which actions for the recovery of real pro- 
 perty are to be brought ; and the plaintiff accordingly had twenty 
 years from WiUiam Partridge's deatii in 1860. See also now 37 & 38 
 "V^ict. c. 57. Had the action been a personal one (as trespass, for in- 
 
THE THIKD YEAE. 151 
 
 two marriage-certificates, and the certificates of baptism of 
 Hmself and his brother, supplemented by the evidence of 
 an old servant of Bloxam's, who bore witness that he saw 
 Bloxam aJive in 1828, and subsequently attended his 
 funeral in India, towards the end of that year. The 
 defendant, on the other hand, brought forward the death- 
 bed-declaration of another old servant of Bloxam's, taken 
 before a magistrate, which stated that a person giving his 
 name as Augustus Bloxam had died at North Shields 
 Workhouse in 1824; that he afterwards saw the body, 
 and, from certain marks on it, really believed it was that 
 of his master, and that the body was then interred at 
 Mrs. Bloxam's expense, and an inscription, setting forth 
 his name and the date of death, erected to his memory. 
 A rubbing, or tracing, from this tombstone was also pro- 
 duced in evidence by the parish-clerk, who took it himseK 
 for the purpose of the trial.* The judge having summed 
 up the evidence, the jury retired, and on coming into 
 court, found for the plaintiff, saying (in answer to a ques- 
 tion put by the judge) that they believed the deceased 
 servant to have been mistaken in the identity of the body 
 seen by him at North Shields Workhouse. Judgment was 
 accordingly entered up for the plaintiff. Within the first 
 four days of the ensuing sittings, the defendant moved the 
 Divisional Court for a new trial, on the ground of the 
 verdict being against the evidence; and a rule nisi was 
 granted by the Court, which was afterwards, however, 
 
 stance) it would have had to be brought withm sis clear years of its 
 accruing. 
 
 Now, as we have before shown, the action of ejectment is the 
 same as other actions (save in case of the particulars of the claim), 
 i.e. the trial, time of appearance, and pleadmgs, &c. (Editor's note). 
 
 * This tracing was, of course, only secondarij evidence, and (had it 
 been possible to bring the original monument bodily into court) its 
 reception might have been objected to on that ground by the plaintiff. 
 But a peculiar exception is allowed to the rule against secondary evi- 
 dence in the case of inscriptions ; and in this case the tracing, being 
 proved by the person making it, was admissible in evidence. 
 
152 THE THIBD TEAB. 
 
 discharged, on tlie plaintifi's counsel arguing tlie matter 
 before the Court. Immediately after the discharge of the 
 rule, a ■writ of habere facias possessionem was issued by the 
 plaintiff, and possession accordingly delivered to him by 
 the sheriff on affidavit of service of judgment, and that it 
 was not then obeyed. The plaintiff might formerly have 
 brought a second action (called an action for mesne profits) 
 against the defendant, to recover the annual value of the 
 property during six of the eight* years that it was held by 
 the defendant;! ^^^ the judge having, after the verdict at 
 the trial at Newcastle, expressed a strong hope that that 
 course would not be resorted to, the plaintiff was induced 
 to forego his strict legal rights in that respect. 
 
 It shoidd be observed that the action might (under the 
 County Courts Act, 1867) have been brought in the district 
 County Court, had the annual value of the property been 
 helow lai. (which, however, was not the case) ; and in that 
 event possession would have been recovered by means of a 
 warrant directed to the high bailiff, instead of a writ of 
 habere facias. 
 
 * Two years of the eight woiild have been barred by the Statute of 
 Limitations. 
 
 t This is now joined with the action of ejectment (Editor's note). 
 
( 153 ) 
 
 PAE.T II. 
 
 Course of reading for the Third Year^-The Intermediate Exammatioii 
 — ^Points to be attended to in reading for it — Chitty'e Contracts 
 and Williams' Heal Froperty — Smith's Outlines of Eqttitij — Hints 
 on answering the Examination Paper — Smith's Action at Law — > 
 The Statute Law {contimted), 
 
 DuKc^G the ensiung twelve months your reading will 
 probably assume two different phases : the first during the 
 six months immediately preceding your intermediate ex- 
 amination; the second when, that ordeal successfidly passed, 
 the more important Final begins to loom large in the 
 distance. For the earlier examination, your necessary 
 reading will be confined to two entire books and a portion 
 of another; for the second, at least half a dozen fresh 
 works are absolutely necessary to be mastered. 
 
 For three or foiu' months immediately preceding the 
 Intermediate, your attention during reading hours should 
 be entirely devoted to the special subjects proposed by the 
 examiners, — Williams' Real Property, Chitty's Contracts, 
 'Ka.jnes' Outlines of Equity ,* Bedford's Intermediate Exami- 
 nation Guide, and the Elements of Booh-heeping.* As to 
 this last, the standard at these, examinations, though high 
 enough to insure some knowledge. of the subject in those 
 passing it, is not alarming, and, with moderate attention, 
 Chambers' Book-keeping, by Inglis, and Bedford's Guide 
 to Book-keeping, will do all that is necessary for you. Every 
 young man who goes into a counting-house or bank is 
 expected to have a knowledge of book-keeping at least 
 equal to that required of you by the board of examiners ; 
 and although you might certainly reply with some truth, 
 
 * These text-books are of course liable to be changed every year. 
 During the present year Book-keeping has been omitted (Editor' s note) . 
 
154 THE THIRD YEAR. 
 
 that with clerks and casHers it is the single thing neces- 
 sary, whereas with yourself it is merely one (and perhaps 
 of the least importance) of a long list of subjects, stiU you, 
 with your superior professional education, should not be 
 discouraged by that which every broker's and accountant's 
 clerk acquires with comparative ease. Besides, some 
 knowledge of accounts will be absolutely essential to you 
 in practice, particularly if you reside in a Bankruptcy Court 
 district; and I know, speaking personally, that it has 
 proved useful to me once or twice, in the course of a not 
 very extensive nor long-continued practice, when the ser- 
 vices of a professional accountant were not available. It 
 used to be said of solicitors (amongst other hard things) 
 that none of them knew anything about figures. The 
 lawyer in England is to the satirist what the medical man 
 is on the Continent — a stock lay-figure, on which his 
 buffets are privileged to faE; but nevertheless some of 
 the failings imputed to the profession by playwrights and 
 "wits" have had some foundation in fact; and amongst 
 them this charge of want of arithmetical ^e«s^ was certainly 
 not the least deserved. It used to be the commonest thing 
 for solicitors in large practice to have terrible arrears of 
 costs, by which they frequently lost considerable sums of 
 money,— simply because of their inability to keep a properly 
 posted day-book and ledger. This state of things will be 
 greatly ameliorated in course of time by the regulations 
 lately introduced in the Intermediate examinations ; and 
 when we further consider that, beyond the mere profes- 
 sional costs, nearly every solicitor stands to some of his 
 clients somewhat in the position of a trustee, and from 
 time to time receives money for them, which it is impera- 
 tively necessary should be kept entirely distinct from his 
 own proper receipts, it will be quite manifest that a good 
 system of book-keeping, adopted from the commencement, 
 wUl prove the greatest possible safeguard to professional 
 men. Although on this point all are agreed, there is, 
 
THE XHIBD YEAR. 155 
 
 however, considerable difference of opinion existing as to 
 wMcli is the best method of book-keeping for solicitors. 
 Without venturing to pronounce any decided opinion on 
 this head, I have found Chambers' System, by Inglis, 
 a very sufficient one ; and I recommend you to foUow it, 
 unless you have already commenced on another method. 
 I had at one time contemplated giving you an elementary 
 view of the science of book-keeping in this place; but 
 finding, on experiment that it could not be compassed with- 
 out devoting more of my space than could well be spared, 
 I must refer you to Mr. Inglis's book, which, together 
 with Mr. Bedford's Guide, will give you a good knowledge 
 of a subject which is more easy to acquire by oral instruc- 
 tion, and more difficult to explain through a written medium, 
 than any I am acquainted with. Whilst you are perfecting 
 yourself in the practice of book-keeping, you should not 
 neglect to inquire into the meaning of the different com- 
 mercial terms used in it, — as freight, demurrage, consign- 
 ment, brokerage, and so on, — and of the customs and 
 usages of trade in each instance. Your books will answer 
 all your inquiries on these subjects, and explain to you 
 by means of examples their practical use in every-day 
 commercial matters. I should say that two evenings a 
 week, regularly for three months preceding yoxir Inter- 
 mediate, win be sufficient to devote to the subject of book- 
 keeping, which is in its practice far less complicated than 
 would appear at iirst sight. 
 
 You should, during this period, also most carefully go 
 through Wmiams' Real Property and the first, second and 
 third chapters of Chitty on Contracts once again. With 
 regard to the former work, I have always found in my 
 conversations on the subject with articled clerks, that the 
 part treating of "incorporeal hereditaments" is the portion 
 of the book which they find most difficult ; and, especially, 
 that the distinction between remainders and executory 
 
156 THE THIED TDAE. 
 
 interests (by way of use and tinder wills) is often yery 
 imperfectly compreliended by them. Now the entire 
 siibieet of future interests in land is at the same time one 
 of the most interesting and one of the most important 
 vithin the purview of law ; and it is highly necessary that 
 you should thoroughly master its principles. For this 
 purpose you should read the chapters in Williams and in 
 Stephen's Blackstone treating of these suhjectSf side by 
 side, in the manner I have before recommended. It may 
 seem presumptuous in me to attempt telling you anything 
 about remainders and executory interests in the face of 
 these great authorities ; but still I cannot resist giving one 
 of my usual " bird's-eye" epitomes, in the hope that it 
 may aid you somewhat in reading up the subject. 
 
 Eemainders, as you know, are of two kinds : 1. Vested; 
 and 2. Contiagent. Both of these agree, in that they are 
 equally future estates in land, depending on a preceding 
 estate, and coming into operation on its determination. 
 Both are created by deed, and that deed must also create 
 the prior estate. They differ in these respects : 1. A vested 
 remainder is a future estate always ready from the date of 
 the deed {i. e. the time of its creation) to come into opera- 
 tion ; and the preceding estate may be either a freehold or 
 a chattel interest (term of years) ; 2. A contiagent remainder 
 is a future estate not always ready from the date of the deed 
 to conle into operation ; and the preceding estate must be 
 a life freehold at the least. 
 Take an example or two of each kind of remainder :— - 
 1. In a deed of grant the limitations are " Unto and to 
 the use of A. (purchaser) for his Ufe, and after the deter- 
 mination of that estate unto and to the use of C. and his 
 heirs." This is a vested remainder (although the use as 
 well as the seisin is conveyed) ; because the estate of C. 
 awaits the regular determination of the preceding estate, 
 and is always ready to come into operation. 
 
THE THIED YEAR. 157 
 
 2. Deed of grant; the limitations beiag " Unto A. and 
 Ms iassigns for a term of twenty years, and after tlie expi- 
 ration of that term Tinto and to the use of C. and his 
 heirs." This is also a good vested remainder. It -will he 
 observed that no use is Hmited in the preceding estate 
 in this ease ; the reason being that chattel interests are 
 not -withim 27 Hen. 8, c. 10, and cannot therefore stand 
 limited to uses. 
 
 3. Deed of grant, " Unto and to the use of A. (an un- 
 married man) for life, and after the determination of that 
 estate unto and to the use of the eldest child of his body 
 lawfully to be begotten, his heirs and assigns." This is 
 a contingent remainder, because the remainderman is not 
 yet in existence : as soon as A. has a legitimate child, the 
 remainder vests in him. 
 
 4. Deed of grant, "Unto A. and his assigns for a term 
 of twenty years, and after the expiration of that term unto 
 the eldest son of O.'s body to be begotten by his intended 
 marriage with D., and to his heirs." This is a had con-- 
 tingent remainder, and will faU. of effect because it is 
 limited on a, preceding chattel estate (instead of a freehold) ;■ 
 nor will it be good as an executory interest (or springing 
 use), because the seisin only, and not the use, is conveyed 
 to the intended remainderman. The effect of this would 
 be that (if there were no further limitations or " re- 
 mainders over") the property would revert to the grantor 
 at the expiration of the twenty years, whether 0. had a son 
 or not. 
 
 An executory interest is likewise of two descriptions : 
 1. An " executory devise," which can only be created hy 
 will ; and 2. An " executory use," which can be either 
 springing or shifting, and created by limitations to uses in 
 a deed inter vivos. Eemainders are creations of the old 
 common law, and are construed with its usual strictness; 
 but executory devises, springing and shifting uses, are 
 
158 THE THIKD YEAE.. 
 
 " creatures of a newer growtli," and regarded somewliat 
 more favourably. It follows tliat future estates which, fail 
 as remainders may he good as executory interests; and, 
 indeed, to take the foiirth example ahove given, had the 
 limitation been " Unto and to the use of the eldest son of 
 his (C.'s) body to be begotten," &c., the bad remainder 
 would have been a good springing use. An executory 
 interest has this great difference from a remainder — that it 
 does not depend upon the regular determination of the pre- 
 ceding estate, and it may be limited after a fee. 
 The following are examples of executory interests : — 
 
 1. Deed of grant, "Unto and to the use of A. imtil he 
 shall become bankrupt or insolvent, and immediately there- 
 upon unto and to the use of B., his heirs and assigns," &e. 
 This would be a bad remainder, but it is a good shifting 
 use; and on A.'s bankruptcy, his estate will accordingly 
 shift to B. 
 
 2. Deed of grant, " To A. and his heirs, to the use of B. 
 and his heirs, from and immediately after the marriage 
 of the said B. to C." This is a springing use; and imme- 
 diately on B.'s marriage a new estate springs up and vests 
 in him. This would be bad as a remainder, because limited 
 after A.''sfee simple; but it is good as a springing use. If 
 B. does not marry C, the fee remains vested in A. 
 
 3. Will: "I give and devise my house at "Ware to A. 
 and his heirs; but if B. shall have a son within twenty 
 years of my death, then to B. for life, and after his death 
 to his eldest child him surviviag, and if no such child, then 
 to A. and his heirs." This is an instance of an executory 
 devise. In a deed, such a limitation of the common-law 
 estate after the fee would be simply void ; but it is good 
 in a will, as an executory devise. 
 
 It is of the utmost importance that you should keep the 
 three classes of future interests — ^reversions, remainders, 
 and executory interests — quite distinct in your mind ; each 
 
THE THIED TEAE. 159 
 
 being, in fact, an entirely separate description of incor- 
 poreal hereditament. You will also observe that, whilst 
 remainders are, strictly speaking, only applicable to real 
 property, when personal property (such as a sum of consols) 
 stands limited to two or more takers in succession, the 
 expectant estates are called reversionary interests (and not 
 remainders, as would be the case if the subject-matter 
 were real property), and the second and subsequent takers 
 are termed reversioners. But you must be carefid not to 
 confound this sort of reversionary interest, which is a chose 
 in action, with the reversion proper, which is a future 
 estate in real property, arisiag by implication (and not 
 by express limitation) in favour of the grantor, after the 
 remaittders over limited in the deed have determined or 
 taken effect. Although all these incorporeal heredita- 
 ments may, at first sight, appear mere legal subtleties, 
 yet their practical use is universal wherever property is to. 
 be dealt with otherwise than by simple direct transfer from 
 a vendor to a purchaser. When you consider that every 
 interest taken, whether under a will or by deed, by any 
 person other than the actual first taker, must be either 
 a reversion, remainder, or executory interest of some kind, 
 the practical importance of the legal learning affecting 
 them will be sufficiently apparent. 
 
 One other point is necessary to be specially borne in 
 mind whilst reading up Williams for your Intermediate, 
 and that is the distinction between the modes of descent, 
 according to whether the property is real — in which case it 
 devolves in the manner poiated out by the Inheritance Act 
 of 1833 — or personal, when it is dealt with in the mode 
 indicated by an act of the reign of Charles II., known as 
 the " Statute of Distributions." Some influential persons 
 — amongst them Mr. Robert Lowe — ^have recently professed 
 to be dissatisfied with our dual system of descents, and 
 propose that the present distinctions between real and 
 
160 THE THIRD YBAB. 
 
 personal representatives should cease ; but it is your duty, 
 whilst the two acts still continue in force, to make yourself 
 thoroughly master of the provisions of each. I have there- 
 fore suggested at the end of this chapter these two acts 
 amongst those to be learned by you during the third year 
 of your articles. 
 
 As regards Chitty, I can suggest little more than I have 
 already done. The analysis at the commencement of the 
 book may, however, be made useful in the following way. 
 Take a large sheet of paper, and rule off a narrow outer 
 and a broad inner margin. In the former, copy the analysis 
 of the first chapter ; in the latter, write down your recol- 
 lection of the text opposite each head. The following may 
 serve as an example : 
 
 1. Copt/ of tlie Analysis. 2. Your recollection of the Text. 
 
 Different kinds of contract : 
 
 1. Contracts of | Are judgments and recognizances of 
 
 Eecord ) courts of record. They are the 
 highest of all contracts. They are 
 not disputable, but may be proved 
 by the mere production of the record, 
 and no consideration is necessary to 
 make them vaUd. 
 
 2. Contracts un- I Or specialties. Are contracts not merely 
 
 der Seal, j in writing, but sealed by the parties. 
 They rank next after contracts of 
 record. 
 
 3. Simple Con-Wl.) Written, but not under seal; 
 
 tracts. I (2) Verbal. Writing is only essen- 
 
 tial to a simple contract when pre- 
 scribed by some statute, as ' the 
 Statute of Frauds, for instance. 
 They take rank after specialties, 
 &c. &c. 
 
THE THIRD YEAE. 161 
 
 You must conscientiously refrain from glancing at the 
 text whilst -writing out your epitome, which, being com- 
 pleted, should be corrected and amended from the treatise 
 itself. Repeat this process a second, if necessary a third, 
 time, at short intervals: if, after this process, the first, 
 second and third chapters of Chitty continue a block in 
 your path, you may be quite certain that there is one on 
 your shoulders as well. 
 
 Williams' Real Property and Chitty's Contracts were, 
 untn very recentiy, the only text-books with which the 
 examiners required candidates for the Intermediate to be 
 prepared. They subsequentiy, however, added a third — 
 Mr. Josiah Smith's Manual of Equity Jurisprudence* — and 
 to this work I must briefly direct your attention. Smith's 
 Manual of Equity is a book treating of the principles upon 
 which our equitable code is based: steering clear of aU 
 questions of practice, it deals only with the science, and 
 not with the art of equity, and is therefore a suitable intro- 
 duction to its study, alike for barristers and solicitors in 
 posse. Compiled mainly from the commentaries of that 
 greatest of Transatlantic lawyers, the late Mr. Justice Story, 
 this book contains within a small compass a vast amount 
 of indispensable information on the subject of equitable 
 jurisdiction. But, this notwithstanding, I must warn you 
 that Mr. Smith's Manual is by no means what is called an 
 "easy reading" book. Partly owing to the difficulty of 
 dealing with the subject-matter in an elementary form, and 
 partly to (it must be said) the far from simple literary style 
 of the author, this treatise is, to a young student, very 
 difficult of mastery. The excessive length of the sentences 
 — some of which read more like German translated than 
 idiomatic English — is very discouraging at the outset; and 
 
 * Latterly the candidates have teen examined from Haynes' Out- 
 lines. I have allowed the Author's remarks on Smith to stand as 
 useful for the Knal, and Haynes is noticed later on (Editor's note). 
 
162 THE THIRD YEAE; 
 
 you mil frequently find it necessary to read paragraphs 
 over three or four times before you can fathom their mean- 
 ing. But this difficulty once got over, you can scarcely fail 
 to he interested by the contents of this book, -which is in 
 itself quite a key to the principles of the science of 
 equity. The work is divided into six "titles," or parts, 
 arranged as foUowsi (1) Eemedial Equity; (2) Execu- 
 tive Equity; (3) Adjustive Equity; (4) Protective Equity 
 irrespective of disability; and (5) Protective Equity in 
 favour of persons under disabilities. Palling mthiri the 
 first of these classes are suits of which the objects are 
 to remedy mistakes or frauds of various natures, com- 
 mitted as weU by persons falling within the especial 
 purview of the Courts of Chancery — such as trustees and 
 mortgagees — as of others amenable to the common law. 
 The second class comprises all such suits as are instituted 
 for the purpose of carrying out or executing trusts created 
 by deed or will. The subjects of partnership and adminis- 
 tration accounts, of partition, apportionment, and contribu- 
 tion, come within the scope of the third "title" — Adjustive 
 Equity; whilst the fourth and fifth treat of the protective 
 jurisdiction of the Courts — ^notably ia the cases of married 
 women, lunatics, and infants — and of the remedy by in- 
 junction. Originally a sixth division was devoted to the 
 subjects of discovery and perpetuation of testimony — 
 matters which, since the Common Law Procedure Act 
 of 1864, no longer fall exclusively within the jurisdic- 
 tion of the Court of Chancery, and are therefore of less 
 practical importance to the student of equity than was 
 formerly the case, and are now omitted. An introduc- 
 tion is prefixed to the body of the book, explainiag 
 the nature and extent of the equitable jurisdiction, and 
 defining the priacipal maxims, or general rules, upon 
 which the science is based — these serving much the same 
 purpose with the student of equity as the axioms and 
 
THE THIED TEAK. 
 
 163 
 
 definitions prefixed to tlie propositions of Euclid with, tlie 
 beginner in that study. Each of these divisions must he 
 made a separate "lesson" of. The first section (pp. 1 — 10), 
 treating of the nature of the jurisdiction of the Court of 
 Chancery, is perhaps the most difficult portion of the hook : 
 the second paragraph in page 5 summarises the suhject 
 effectually enough, and deserves especial attention. Then 
 (pp. 10 — 31) come the maxims, each one of which must not 
 only he learnt hy heart, but thoroughly sifted, and viewed 
 in aU. its phases. An analysis of each separate " title," 
 made somewhat after the following fashion, may be found 
 useful : — 
 
 Title. 
 
 Reme- 
 dial 
 Equity 
 
 JDwision. 
 (1) Acci- 
 dent. 
 
 "An unfore- 
 seen and in- 
 jurious occur- 
 rence not at- 
 tributable to 
 mistake, neg- 
 lect, or mis- 
 conduct." 
 
 (2) Mis- 
 take. 
 
 "An act which 
 would not 
 have been 
 done, or an 
 omission 
 which would 
 
 A., by win, leaves 
 trustees 6,000^. to 
 be invested in 3Z. 
 per cent, stock for 
 B., so as to bring 
 in 180/. per an- 
 num. The stock 
 is, after A.'s death, 
 reduced by Go- 
 vernment to 2^1. 
 per cent. The 
 residuary legatee 
 must make good 
 the consequent 
 deficiency in B.'s 
 iaeome. 
 
 A. contracts to 
 sell an estate to B. 
 forl,OOOZ.; bymis- 
 take an estate of 
 C.'s (which A. has 
 no power to sell) 
 
164 
 
 THE THIBD YBAE. 
 
 Title. 
 
 Division. 
 
 (3) Actual 
 Fraud. 
 
 3efi>iition. 
 not have Oc- 
 curred, but 
 from ignor- 
 ance, surprise, 
 or imposi- 
 tion." 
 
 " Anything 
 said, done or 
 omitted hy one 
 person with 
 the design of 
 actually de- 
 frauding ano- 
 ther." 
 
 (4) Con- 
 
 " Acts, state- 
 
 struc- 
 
 ments or omis- 
 
 tive 
 
 sions, which 
 
 Fraud. 
 
 operate as vir- 
 
 
 tual frauds. 
 
 
 although un- 
 
 
 connected 
 
 
 with an actual 
 
 
 fraudulent de- 
 
 
 oin.Ti " 
 
 Sign. 
 
 Examples. 
 is conveyed in- 
 stead. On the 
 facts heing proved 
 to the satisfaction 
 of the Court, the 
 mistake will be ' 
 rectified. 
 
 A. contracts at 
 a certain price to 
 sell a house to B. 
 as freehold, and 
 free from incum- 
 brances, whereas 
 it is leasehold 
 only, and heavily 
 mortgaged. B. 
 will be discharged 
 from his contract 
 on the ground of 
 fraud committed 
 by A. 
 
 A. sells his busi- 
 ness of a surgeon 
 to B., and cove- 
 nants never again 
 to practise any- 
 where. A. will be 
 relieved of this 
 contract as a con- 
 structive fraud by 
 B. upon the public, 
 being in restraint 
 of A's services in 
 their behalf. 
 
THE THIBD YEAK. 165 
 
 Of coursej the Otlier " titles " should be similarly gone 
 through. ; and, in addition, the system of common-placing 
 before recommended shoidd he resorted to. "With these f ew 
 remarks, I must leave you to the study of Smith's Manual. 
 
 Having thus carefully studied your necessary text-hooks, 
 the time has arrived to carefully examine yourself on the 
 subjects you have read, and I can, with the greatest 
 confidence, recommend to you Bedford's Intermediate 
 Examination Guide. It is a digest of all the Intermediate 
 examination questions and answers in Common Law, Con- 
 veyancing, and Equity, and the answers being given for 
 the most part in the author's own language, and not from 
 any particular text books, but from general knowledge on 
 these subjects, it forms a most valuable guide, not only 
 for the above examination, but also for the Final. Bed- 
 ford's Guide to Book-keeping is too weU known to require 
 any comment, save that if the student will only learn it 
 thoroughly he woxdd doubtless be able to puzzle the 
 examiner himself. 
 
 And one word as to these digests; they are to be "used 
 and not abused." It is not for one moment to be supposed 
 that they supply the student exactly with the questions 
 that he will be asked, and it is not fair either to the author 
 or the books themselves to rely whoUy on them; but I 
 must ask my readers to remember that they are prepared 
 by men who have made these examinations almost their 
 sole study, and consequently they are framed with the 
 view to answering the questions in a workman-like form — 
 shortly, sharply, and concisely; indeed, in such a form as 
 the examiners love, and with no other view, unless it may 
 be to afford a recapitulation of the student's work of 
 months before, and draw his attention to the most, im- 
 portant and general principles which the examiners invari- 
 ably touch upon in these subjects. I have not the slightest 
 hesitation in saying that these digests, prepared as they 
 
166 THE THIRD YEAK. 
 
 are by men of every-day experience, and at the sacrifice of 
 many a leisure hotir and nigM's rest, and after a long, 
 monotonous and heavy day's work, will be found a most 
 valuable adjunct to the not unfrequently overread and 
 bewildered student; and are not indeed to be despised 
 by the virtuous young man, or, as the Greeks used to 
 call him, the " self-satisfied " young man, who looks 
 down upon "coaches" and their works, but who, in some 
 instances, is only too glad to avail himself of their services, 
 provided that no one finds him out, and he can take the 
 entire xuSor of the " pass " to that portion of his body 
 which he is pleased to call his brains. 
 
 I will now suppose the Intermediate examination to 
 have arrived, and that you are seated before your paper. 
 The ordeal, after the preparation I assume you to have 
 gone through, is but a slight one ; and there is no occasion 
 whatever to be nervous as to the result. Take your ques- 
 tions seriatim, and do not look at the second till you have 
 answered the first.* Some candidates rush blunderingly at 
 the paper, and read aU the questions through, one after 
 the other, in. a fever of mingled impatience and apprehen- 
 sion ; the consequence of which is that the different sub- 
 jects are all "muddled" in their heads — rudis indigestaque 
 moles — and we find them informing the examiners (as 
 likely as not) that an estate pur autre vie is a contract not 
 under seal, or that a " continuing consideration " is an 
 incorporeal hereditament. Keep your subjects distinct, 
 and thoroughly finish with one question before you even 
 glance at the next.f 
 
 Do not answer at unnecessary length; the examiners 
 
 * If you can (Editor's note). 
 
 t My experience teaches me tiat the best course is for the candidate 
 quietly to read through the paper, first answering those questions 
 "which he can easily, and then to go back to those -which require 
 thought (Editor's note). 
 
THE THIRD YEAK. 167 
 
 have a not unreasonable prejudice against "long--winded" 
 papers. Of course tliere is an occasional exception to tMs 
 rule, and I remember at my own final examination there 
 was one question (set in the crimiaal division) which it 
 was literally impossible to answer properly except at con- 
 siderable length ; but, as a general rule, all the examiners' 
 inquiries can be satisfactorily replied to within a very 
 small compass, and this is specially the case at the Inter- 
 mediate examinations. At the same time, you wiU. of 
 course know better than to play the part of a " Jaherr," 
 and answer a mere " yes " or "no " — ^which, whether right 
 or wrong, would fail to gain you a single mark at the 
 examiners' hands. If you really find you cannot master 
 any particular question it is better to leave it altogether 
 and pass on to the next, than to hazard a " guess," which 
 will probably be wrong and possibly ridiculous. There is 
 no greater mistake than to imagine you can solve any legal 
 question by means of your " common sense." The science 
 of law you will certainly find hereafter to be a system of 
 the most perfect and refined common sense ; but as a 
 beginner your instincts wiU be almost sure to lead you 
 astray ; and, startrag with false premises (in consequence 
 of your want of the necessary technical knowledge), you 
 will infallibly arrive at an equally faulty conclusion. If 
 you do not understand the technical terms employed in a 
 question, it is useless to attempt answering it. 
 
 The examiners attach some importance to a neat and 
 unblotted manuscript. Without desiring that candidates 
 should write like engrossing-clerks, they nevertheless 
 expect their handwriting to be legible, and free from un- 
 sightly blots and erasures. Upon the importance of correct 
 spelling I need not dilate; as a member of a learned pro- 
 fession you should be, ia this respect, Hke Caesar's wife — 
 above suspicion. 
 
 It is a bad plan to hesitate and fumble over your 
 
168 THE THIRD XEAB. 
 
 answers, writing and rewriting, erasing, modifying, and 
 reconsidering, again and again. After carefully reading 
 the question, think it over deliberately, once for aU, and 
 write down, plainly and uncompromisingly, the conclusion 
 you have arrived at. As a general rule, "he who hesitates 
 is lost." There are, of course, many legal problems and 
 moot points upon which there is something to be said pro 
 and con., as to which different views may be taken, and 
 different judgments expressed; but questions of this Mnd 
 are not set at the Intermediate examinations. If after, 
 say, five minutes of cogitation, you are not quite sure as to 
 the correct answer to a simple straightforward question, it 
 is tolerably clear that you know nothing about it. I do 
 not go so far as to advise you, in such an event, to refrain 
 from answering the question altogether — ^that would be 
 throwing away a chance ; but stUl, I would not give much 
 for the soundness of your judgment on a simple matter of 
 yea or nay expressed after so much consideration and 
 reconsideration. 
 
 If, after completing your answers, there is time to read 
 over and correct them, do so by all means. I do not think 
 that on the whole much is gained by this process; you are 
 as likely, perhaps, in your over-solicitude, to find out errors 
 in a correct answer as in a false one. Still, I am aware 
 the practice is generally followed, and it may possibly have 
 advantages of its own. 
 
 As specimens of the kind of questions asked at these 
 examinations, and of the mode of answering them, I 
 append those put in the Hilary Sitting, 1877, as being the 
 most recent available.* Where there are two parts to a 
 question you will, of course, reply to each in the order in 
 which it is asked. 
 
 * These questions and answers are taken from the Editor's " Inter- 
 mediate" Paper (No. 33) (Editor's note). 
 
THE THIED YEAE. 169 
 
 Questions aitd Aifs-vraEs: Intekmbdiate Examination, 
 HiLAET Sittings, 1877. 
 
 Questions from "Chittt/on Contracts," 
 
 6. Q.— Can executors sue or be sued upon a contract 
 entered into by their testator when they are not named in 
 the contract? Give a reason for your answer. 
 
 A. — They can, because it is the presumption of law that 
 they represent the original testator, and are bound by his 
 contracts (Bedford's Intermediate Examination Guide, 18). 
 
 7. Q. — ^Is inadequacy of consideration (in point of value) 
 a good ground for impeaching a contract either at law or 
 in equity? 
 
 A. — The Court wiU. not inquire into the adequacy of 
 consideration, but will leave the parties to make the con- 
 tracts for themselves. It is necessary only that there 
 should be a consideration capable of legally supporting 
 an agreement. The magnitude of its value, provided there 
 be legal value, the Court wiU. not consider. {Pilhington v. 
 Seott, 15 M. & "W. 657; HitchcocTi v. Coler, 6 H. & E. 447; 
 Bedford's Guide, 8.) The same rule prevails in equity, 
 but the inadequacy must not be so gross as to shock the 
 conscience. 
 
 8. Q. — ^Is parol evidence admissible to explain, vary, or 
 annex incidents to a written contract? Give instances. 
 
 A. — The language of a written contract cannot be varied 
 or added to by extrinsic or parol evidence, but extrinsic evi- 
 dence is admissible to explain a latent ambiguity. A latent 
 ambiguity is a doubt arising from circumstances and not 
 appearing in the instrument itself, as in the case of words 
 or phrases which in a trade or business have acquired a 
 technical meaning; or in the case of an estate of Blackacre 
 being left to John Smith, the testator having more than 
 one estate of that name, and the fact of there being many 
 John Smiths in the world (Bedford's Guide, 19). 
 
 B. I 
 
ITO .THE THIRD TEAE. 
 
 9. Q. — How far does a contract to remunerate a clerk or 
 serrant by a share of the profits make him responsible as, 
 or entitled to the rights of, a partner? 
 
 A. — By sect. 2 of 28 & 29 Vict. c. 86, it is enacted that 
 no contract for the remuneration of a servant or agent of 
 any person engaged in any trade or undertaking by a share 
 of the profits, shall of itself render such servant or agent 
 responsible as a partner therein, or give him the rights of 
 a partner (Bedford's Guide, 230). 
 
 10. Q. — ^Is a government officer under any, ia,nd ^rhat, 
 circumstances personally liable upon contracts entered into 
 by him in that capacity? 
 
 A. — ^He is not liable personally upon contracts made by 
 him in that capacity, unless he expressly pledge his awn 
 personal credit (Chitty on Contracts, 9th edit. 257, 258). 
 
 1 1 . Q. — Where a passenger is frilled by a railway acci- 
 dent, how far is any claim for compensation against the 
 company in respect of his death affected by the application 
 of the maxim. Actio personalis moritur cum persona? 
 
 A. — It is in no way affected; 9 &.10 Vict. e. 93, amended 
 by 27 & 28 Vict. c. 95, allows an action to be brought by 
 the personal representatives, to recover compensation from 
 the company (assuming the passenger's death to have been 
 occasioned by a tort, which would have entitled bi-nn to 
 damages had he survived) within twelve calendar months 
 after the decease, for the benefit of husband, wife, parent, 
 or child ; and by 27 & 28 Vict. c. 95, if there be no per, 
 sonal representative, or if the action is not commenced 
 within six months after the decease, the parties benefi- 
 cially entitled may sue in their own names (Bedford's 
 Guide, 37). 
 
 12. Q. — Can a solicitor who has undertaken a law suit 
 for a client, under any, and what, circumstances refuse to 
 proceed ? Or is he bound to continue his services until 
 the suit is concluded ? 
 
 A. — He may upon reasonable cause and reasonable 
 
THE THIED TTEAE. 171 
 
 notice abandon the conduct, and recover his costs for the 
 period dimng -which he has been employed (Chitty on 
 Contracts, 528). 
 
 Questions from WiUimnson " Seal Property ." 
 
 13. Q. — ^What acts on the part of the tenant for life are 
 waste ? And where the estate of a tenant for life is expressly 
 declared to be without impeachment of waste, what acts 
 will be restrained by the Court as equitable waste ? 
 
 A. — ^Pulling down houses, cutting down timber, opening 
 and worMng mines, are acts of voluntary waste ; suffering 
 premises to go to ruia is an act of permissive waste ; and 
 even though the estate of the tenant for life is expressly 
 declared to be without impeachment of waste, the Court of 
 Chancery will enjoin hiTn from making spoil and destruc- 
 tion on the estate ; as pulling down the mansion house, 
 cutting down ornamental timber, or ploughing up meadow 
 land (Bedford's Guide, 83). 
 
 14. Q. — State the longest period for which lands can 
 with eertaiaty be tied up or fixed as to their future desti- 
 nation, and the longest period during which the income of 
 land may be directed to be accumulated. 
 
 A. — ^The time limited in the first part of the question is 
 any life or number of lives in being, and twenty-one years 
 after, a further period beiag allowed for gestation, should 
 gestation exist. ( Cadell v. Palmer, L. C. Oonv. 321). 39 & 
 40 Greo. m. c. 98, prohibits the accumulation of rents, &c., 
 for any longer term than the Hf e of the grantor or settlor 
 or twenty-one years from his death, or during the minority 
 of any person or persons who shall be living or in ventre 
 sa mere at the time of the death of such grantor, or during 
 the minority only of any person or persons who, under the 
 instrument directing such accumulation, would for the 
 time being, if of age, be entitled to the rents, issues, pro- 
 fits, or produce. But by sect. 2, the Act does not extend 
 
 I 2 
 
172 THE THIRD TEAE. 
 
 to provisions for debts, or portions for cMiren, or pro- 
 duce of timber, or wood, wliich periods of accumulation, 
 of course, are governed by the ordinary rule of executory 
 interests. {Lord Southampton v. Marquis of Hertford, 2 
 V. &B. 54; Bedford's Guide, 67, 70). 
 
 15. Q. — ^If a tenant in fee simple settle land on Ms chil- 
 dren, and afterwards sell the same land to a person who has 
 notice of the settlement, will the persons interested under 
 the settlement or the purchaser be entitled to the land ? 
 
 A. — The purchaser, because by 27 EHz. c. 4, the settle- 
 ment, as it is a voluntary one, is void as against subsequent 
 purchasers for value, with or without notice, save in the 
 ease of a gift to a charity, and in that ease notice binds 
 the purchaser {Buckle v. Mitchell, 18 Ves. 100; Bedford's 
 Guide, 115). 
 
 16. Q. — Define the purchaser from whom the descent of 
 real estate is, according to the Acts for the Amendment of 
 the Law of Inheritance, to be traced. 
 
 A. — The purchaser is defined by the Inheritance Act 
 (3 & 4 Wm. IV. c. 106) to be "the person last entitled 
 who did not inherit" (Bedford's Guide, 63). 
 
 17. Q. — ^In what manner are the words "die without 
 issue " in a will directed by the Wills Act to be construed ? 
 
 A. — The words are not to be construed to mean an inde- 
 finite failure of issue, as they did prior to the WOls Act 
 (1 Vict. c. 26), but simply a want or failure of issue in the 
 lifetime or at the death of the party, unless a contrary 
 intention shall appear by the will (Bedford's Guide, 136). 
 
 18. Q. — ^In drawing a settlement of real estate to the 
 use of A. for life, with remainder to B. for life, with re- 
 mainder to the first and other sons of B. successively in tail 
 male, with remainder to C. for Hfe, with remainder to the 
 first and other sons of C. successively, in tail male ; how 
 is power given to sell the settled estate, or part of it, and 
 convey to purchasers ? 
 
 A, — The deed should contain the proper and usual 
 
THE THIEB TEAE. 173 
 
 power of sale and exchange, providing for the trustees of 
 the settlement, with, the consent of the tenant for life in 
 possession under the settlement,: and sometimes also at 
 their own discretion during the minority of the tenant 
 in possession, to sell or exchange the settled lands, and for 
 that purpose to revoke the uses of the settlement as to the 
 lands sold or exchanged, and appoint such other uses in 
 their stead as may he necessary to carry out such purpose 
 (Bedford's Guide, 113; Prideaux's Precerfew/s, vol. ii. 8th 
 edit. 194). 
 
 19. Q. — What interest has a copyhold tenant in fee in 
 the mines and minerals under his copyhold land and in the 
 timber growing on the surface ? 
 
 A. — In the absence of a custom to the contrary or 
 immemorial usage, the mines and timber belong to the 
 lord, but he cannot come on the land to exercise his rights 
 over them without the permission of the copyholder ; and 
 on the other hand, if the copyholder open the mines or cut 
 down timber, a cause, of forfeiture would ensue (Bedford's 
 Guide, 58). 
 
 Questions from Saynes' " Outlines of JEquity." 
 
 20. Q. — Land in settlement is taken by a railway com- 
 pany under compulsory powers, and the price paid into the 
 Court of Chancery and invested in Consols. Are these 
 Consols treated by the Court as real or personal estate, and 
 why? 
 
 A. — ^n the property taken under the Act is in settlement, 
 or the owner is under disability, the purchase-money still 
 bears the character of realty {Harrop's Estate, 3 Drewry, 
 933 ; Bedford's Guide, vol. ii. 8). 
 
 21. Q. — Define the different classes of persons coming 
 under the general description of persons not " sui juris.'' 
 
 A. — ^Infants, married women, persons of unsoimd mind, 
 lunatics, idiots (Bedford's Guide, 222). 
 
174 THE THIED YEAB. 
 
 22. Q. — Explain the distinction between penalties and 
 liquidated damages. 
 
 A. — ^A penalty is a sum named in the contract to be for- 
 feited on a breach., not as an agreed valuation of the damages, 
 but as a security for the due performance of the contract. 
 
 Liquidated damages are the sum agreed upon in the 
 contract by the parties themselves as the damages for the 
 breach of it {The Final, No. 20, answer to Question 8). 
 
 23. Q. — ^In what cases will the Court reform an instru- 
 ment on the ground of mistake ? 
 
 A. — If by mistake a written agreement contains less than 
 the parties intended, or contains more, or simply varies 
 from their intent by expressing something different in sub- 
 stance from the matter of that intent, in all such cases, if 
 the mistake is clearly made out by proofs entirely satisfac- 
 tory. Equity will reform the contract, to make it conformable 
 to the intention of the parties. But the Court will grant no 
 relief agaiiist bond fide purchasers for valuable considera- 
 tion ( Glenorchy {Lord) v. Bosville, 1 L. C. Eq. 1 ; Bedford's 
 Guide, vol. ii. 34). 
 
 24. Q. — A man by his will gives a portion of 5,000^. to 
 his daughter. She subsequently, in his hfetime, marries, 
 and he thereupon settles 2,000^. upon her by deed, and dies 
 without having revoked or altered his will : "What effect, 
 if any, has the settlement upon the operation of the will ? 
 
 A. — It would operate as a satisfaction pro tanto of the 
 portion given by wHL in the absence of any evidence to the 
 contrary (Bedford's Guide, 39 et seq.). 
 
 25. Q. — In what cases of public nuisance can a man 
 qbtain an injimction in an action in which he is himself 
 sole plaintiff ? 
 
 A. — Individuals suffering a peculiar injury from a public 
 nuisance distinct from that done to the public at large, can 
 file a bOl for relief without making the Attorney-General 
 a party (Bedford's Guide, vol. ii. 16). 
 
THE THIRD YEAE. 175 
 
 26. Q. — In case of a contract for the sale of land, to be 
 completed on a given day, is time of the essence of tlie 
 contract ? And state any exception to the rule you lay down. 
 
 A. — ^It is not in Equity, nor, indeed, even now at law, 
 under the Judicature Acts, unless it is expressly so stated, 
 or unless the property be of a fluctuating value, such as 
 leaseholds, reversions, advowsons, &c. 
 
 £ook-ixepinff.* 
 
 27. Q.^What are the books generally used by mer- 
 ohants, and in what order is a prime entry carried froni 
 the first to the last of them? 
 
 A. — (1) Day Book, (2) Invoice Book, (3) Cash Book, 
 (4) BiU Book, (5) Ledger. 
 
 A prime entry would be carried from the book in which 
 such entry would necessarily be made into the Ledger 
 (Bedford's Guide to Book-keeping, 2nd ed. 2). 
 
 28. Q. — Assuming all the trader's receipts and payments 
 to pass, as usual, through his bankers, why are not the 
 accounts current written up directly from the Pass Book? 
 
 A. — ^A trader whose receipts and payments are aU passed 
 through his banker's account could not conveniently use 
 the Pass Book for posting from; the Cash Book in this 
 case would prove a check upon the banking account; in 
 addition to which, the further advantage accrues from the 
 use of the Cash Book — viz., the carrying through the same 
 the amounts of discounts allowed or received. 
 
 29. Q. — ^A customer's acceptance, given in payment for 
 goods, is returned to the seller at maturity unpaid. What 
 entry does the latter thereupon make, and where? 
 
 A. — ^If the customer's acceptance had been discounted by 
 the banker, then the amount would come through the Cash 
 
 * During the last year papers on Book-keeping have been omitted 
 (Editor's note). 
 
176 THE THIED YEAR, 
 
 Book, and be charged to tlie debit of the customer's account 
 in the Ledger. 
 
 . If the acceptance remained in the drawer's hands untU 
 maturity, and was presented by him and dishonoured, then 
 the amount would be credited to Bills Eeceivable account 
 in the Ledger, and debited from this account to the cus- 
 tomer's account in Ledge??. 
 
 30. Q. — ^What is a suspense account, and the object of it? 
 
 A. — ^A suspense accoim.t is used for the purpose of carry- 
 ing off amounts paid or received, the purpose of which 
 cannot be immediately assigned. 
 
 31. Q. — ^What is meant by keeping an account as an 
 " interval account" ? 
 
 A. — ^An account fcurrent, it being understood that the 
 balance should be struck at stated intervals, with the 
 interest adjusted at these periods. 
 
 Your Litermediate examination having been successfully 
 encountered, I would counsel a month's entire holiday 
 before recommencing your reading with a view to the Final 
 examination. This " resting-stage " passed, you should 
 attentively peruse the introductory portion of Smith's Action 
 at Laiv, a book concerning which I purpose speaking more 
 at length hereafter.* In alternation with this, you should 
 a second time go through the two earlier volumes of 
 Stephen's Blachstone, and Mr. Williams' treatise on Per- 
 sonal Property, with both of which works I assume you to 
 be already, in some degree, familiar. 
 
 Again, in addition to Smith's Action at Law, Stephen's 
 Blachstone, and Williams' Personal Property, a very usefid 
 little book to study at this time is Dr. James Walter 
 Smith's handybook of the law of BOls and Notes; and the 
 brief but satisfactory epitome of the law of Executors by 
 Mr. Holdsworth should also be perused. These two last-, 
 named books are both very short and very easy, and ought 
 
 * See Cliapter IV. Part II. 
 
THE THIED TEAE. 177 
 
 not to take you more than a fortnighi apiece to master; 
 but you mil find that they wiU much facilitate your read- 
 ing hereafter, when you take up the standard text-hooks 
 on these subjects by Sir E. V. Williams and Mr. Justice 
 Byles. If you can also find time to read Mr. Josiah Smith's 
 Manual, of Common Law, it mlj. be as well, to do so, 
 although the book is not strictly necessary.* 
 
 The following statutes should be read during the year. 
 The six first named will' take a month's reading apiece, at 
 the rate of one hour a day regularly; the four short acts 
 following can be easily disposed of in two months more ; 
 this will leave you a clear four months to read through the 
 last act on the list — ^the formidable but indispensable 
 Common Law Procedure Act, 1852, which should be me- 
 thodically studied before attacking Smith's Action at Law 
 at the commencement of your fourth year. This act (as 
 supplemented by the Acts of 1854, 1860, and 1867) is the 
 foundation of all the modem common law practice; it 
 should be read section by section, copiously analysed, and 
 diligently commonplaced. Without a tolerably familiar 
 knowledge of this statute, you will always be at sea in the 
 practice of the conmion law, with which you wiU probably 
 have more to do during the earlier years of youj career 
 than with any other branch of the profession. 
 
 List or Statutes to be bead DtrRiNGt the Thied Yeae. 
 
 22 & 23 Car. 11. c. 10. "Statute of Distributions." 
 3 & 4 Will. IV. c. 106. "Inheritance Act." 
 14 & 15 Vict. c. 99. "Evidence Act" (Lord Broug- 
 
 ham's). 
 17 & 18 Vict. c. 125. "Common Law Procedure Act, 
 
 1854." 
 
 * In my experience it is of tte utmost importance, as many of the 
 cjuestions on the theory of common law are framed from it (Editor's 
 note). 
 
 I 5 
 
175 THE THIED TEAE. 
 
 23 & 24 Vict. c. 126. "Common Law Procedure Act, 
 
 1860." 
 30 & 31 Vict. e. 142. "Ooimty Courts Act, 1867." 
 
 9 Geo. rV. c. 14. "Lord Tenterden's Act." 
 
 3 & 4 Will. rV. c. 105. "Dower Act." 
 9 & 10, Vict. c. 93. 
 27 & 28 Vict. c. 95. 
 15 & 16 Vict. c. 76. "Common Law Procedure Act, 
 
 1852." 
 
 I "Lord CampbeU's Acts." 
 
 N.B. I would suggest that the tliree Procedure Acts and 
 the County Courts Act of 1867 be grouped together, "and 
 read chronologically.* Thus, commencing in January, the 
 first five months of your third year will be taken up by 
 the "Evidence," "Dower," and "Inheritance" Acts, by 
 Lord CampbeU's two Acts, by the "Statute of Distribu- 
 tions," and Lord Tenterden's Act. Then, starting with 
 the beginning of June, your time for four months will be 
 filled up with the Procediu-e Act of 1852; and the year 
 will be finished with a month apiece given to the Acts of 
 1854, 1860, and 1867. 
 
 * I have allowed these Common Law Procedure Acts to stand. 
 The student, of course, must now learn the Judicature Acts and Rules, 
 because so much of them is embodied in the new practice (Editor's 
 note). 
 
( 179 ) 
 
 CHAPTBE IV. 
 
 THE FOTJETH: fBAE. 
 
 PART I. 
 
 The Fourth Tear — The County Courts — ^Method of acquiring a know- 
 ledge of practice — TTIntB on advocacy. 
 
 From hencefortli, imtil tlie time when you are assigned to 
 your principal's town agent, you will find it expedient to 
 read more during office hours than you have hitherto teen 
 in the hahit of doing.* Three years of diligent attention 
 to the business of the office can hardly have failed to make 
 you tolerably well acquaiated with the routine of country 
 practice ; the twelvemonth to be hereafter passed in London 
 will equaUy familiarise you with the details of town work : 
 the intervening period — ^your fourth year — cannot be better, 
 employed than in assiduous reading. Now, in fact, is the 
 time for acquiring a competent knowledge of the principles 
 of equity and real-property law. The bustle, novelty, and' 
 excitement of the agency-office will be foimd uncongenial 
 to continuous study ; ' the different Courts at Westminster 
 and Lincoln's Inn, the varied proceedings at Chambers, 
 and the routine of the public offices, will fuUy engage 
 your attention from the time of your arrival in London, 
 until the two or three months of fierce but superficial 
 reading which most articled clerks indulge in previous 
 to their fiinal examinations. But the intervening year — 
 situate midway between the second and last of your three 
 
 , * If your principals will aUow you, and you will find a difficulty 
 in" gaining their consent if you are much, use as. a clerk, because you 
 ought just to be getting valuable to them (Editor's note). 
 
180 THE FOTJETH YEAB. 
 
 ordeals — is precisely the period most suited to a steady 
 and earnest course of reading. The books you have 
 already perused — and I hope mastered — will have served 
 to inform you of the fundamental principles upon which 
 the three great divisions of our jurisprudence are hased. 
 It now remains to acquire a more detailed knowledge of 
 the subjects you have already viewed (so to speak) in 
 gross. This fuller knowledge can only be acquired by 
 continuous reading. 
 
 ■ But, in order to give occasional relief to your reading, 
 I advise that you should from time to time attend the 
 sittings of the different local courts, partly because this 
 will be no bad preparation for your attendance next year 
 at the superior courts of law and equity in London, and 
 partly because a knowledge of their practice is indis- 
 pensable to most young professional men. The County 
 Courts, in particular, will claim your attention. Time was 
 — and not so very long ago either — ^when the County Court 
 was a limited and unimportant tribunal, whose jurisdiction 
 was almost entirely confined to the settlement of small 
 disputed accounts between debtors and creditors. Whilst 
 this was the case, the better class of solicitors continued to 
 " fight shy" somewhat of County Courts, and to look upon 
 attendance there as a waste of time and as almost derogatory 
 to their professional status. But this is no longer the ease. 
 The object of law reformers for many years past has been 
 to avoid the evils of " centralisation" in legal matters. It 
 was deemed monstrous that trifling questions should occupy 
 the attention of the Courts at "Westminster and Lincoln's 
 Inn — thus involving an expenditure enormous compara- 
 tively to the amount in dispute, and the attendance of 
 highly-paid ofiicers and advocates, and of shoals of country 
 witnesses. The district county courts, established first in 
 the year 1846, were, after due experiment, thought worthy 
 of an extended jurisdiction. Accordingly, in 1865, the 
 
THE rOUBTH YEXR. 181 
 
 Court -was einpo-weredto entertain certain equitable matters, 
 ■where the amount involved was small ; and two years later 
 this jurisdiction was enlarged, by the County Courts Act, 
 1867, to all matters cognizable by the Vice-Chancellors of 
 the Court of Chancery, where the value of the suit was 
 under 500/. In the same Act there were (as you have 
 already seen whilst perusing it)' sundry clauses, largely 
 extending the existing common-law jurisdiction, of the 
 Courts; and it may now roundly be stated that nearly 
 every case of which the subject-matter is small can be 
 tried on the spot where it originated. These provisions 
 have, as was inevitable, largely changed the character of 
 the County Courts, which are no longer tribunals un- 
 worthy the attention of the respectable portion of the 
 profession.* It is, however, probable that for some years 
 to come County Court practice wiU be left mainly in the 
 hands of young lawyers — of junior partners ia established 
 firms, and of men newly admitted to practice, and it there- 
 fore becomes doubly necessary that you shoiild, whilst yet 
 a learner, obtain some knowledge of a practice which will 
 very probably occupy a somewhat prominent position with 
 you in the coTnnn encement of your professional life. 
 
 The jurisdiction of the County Courts, as at present 
 established, was threefold — embracing (1) Bankruptcy, 
 (2) Equity, and (3) Common Law. In each of these cases, 
 however, the powers of these local tribunals were confined, 
 as wxU. be seen, within certain defined limits. By the Judi- 
 cature Act, 1873,'the County Court is to administer law and 
 equity, and afford sucb. remedy and relief which either a 
 Court of Law or Equity could formerly have given. Eirst, 
 
 .' * The student must also carefully peruse the County Courts Act 
 of 1875 and the rules thereunder, rendered necessary by the passing 
 of the Judicature Acts; they came into operation on the 2nd No- 
 vember, 1875, and by them all previous rules, except under the Cha- 
 ritable Trusts, the Probate and Bankruptcy Acts, are to cease to be 
 used (Editor's note). 
 
182 THE POITETH YEAE. 
 
 as to their 'baiitruptcy jurisdiction, by 32 & 33 Vict. c. 71, such. 
 County Courts as the Lord Chancellor may have appointed 
 are given exclusive jurisdiction in bankruptcy, except where 
 persons reside in the London district as defined by the 
 Act ; and by 33 & 34 Vict. c. 76, they have power to issue 
 warrants to arrest absconding debtors, in the event of 
 debtors' summonses having already been issued against 
 them. The forms and rules of the Court of Bankruptcy 
 are directed to be used, with certain modifications, in these 
 proceedings. The decision of the County Court judge sit- 
 ting in bankruptcy may be made the subject of an appeal 
 to the chief judge, and thence to the Court of Appeal.* 
 
 The eoLuitable jurisdiction of the County Courts, under 
 the combined operation of the Acts of 1865 and 1867, may 
 be shortly defined as extending to all suits in which the 
 Vice-Ohancellors of the Court of Chancery have jiuisdie- 
 tion, where the value of the subject-matter is below 500^. 
 By the Joint-Stock Companies Anaendment Act, 1867, the 
 County Court judges also acquired jurisdiction in winding- 
 up proceedings under that Act and the Companies Act, 
 1862; but their powers are entirely within the discretion 
 of the Court of Chancery, to which all petitions for 
 winding-up must be presented in the first instance. The 
 County Courts have no power to entertain proceedings in 
 lunacy, however; and it is generally understood (though 
 I know not on what authority) that cases involving the 
 right of the Crown are also excluded from their jurisdic- 
 tion.! An equitable suit in the County Court is com- 
 menced by a plaint being entered, accompanied by a 
 " concise statement" setting forth the grounds of com- 
 plaint, and the relief which the plaintiff considers he is 
 entitled to. The plaint and " concise statement" con' 
 
 * See Bedford's Gitide to Bankruptcy (Editor's note), 
 t See, however, 16 & 17 Vict. c. 107, ss. 263, 318, 319 (Editor's 
 note). 
 
THE FOUSTH YEAK. 183 
 
 joined fulfil tlie purpose of the old " Original BiU" 
 in Chancery. Upon this plaint being filed the registrar 
 makes out a summons calling on the defendant to ap- 
 pear and submit to the judgment of the Court, and this 
 summons is served by the high bailiff. Within eight days 
 after service, the defendant (if he intends to- contest the 
 matter) delivers to the registrar his " counter statement," 
 which is also filed, and is something in the nature of the 
 old "Answer" in a Chancery suit. On the day on which 
 the summons is returnable the parties attend the Court, 
 and the suit is heard, in much the same manner as com- 
 mon law plaints-::the parties appearing either by counsel 
 or by their attorneys, and the evidence being taken vivd 
 voce. If the judge desires to be satisfied as to the state 
 of the accoiurts, the relations of the parties, or other matters 
 of detail, he refers it to the registrar, who makes a report 
 thereupon in the form of a written certificate. The judge 
 then pronoimces a decretal order, or a final decree, as the 
 case may be, which is drawn up by the ■ registrar from 
 Ms "minutes" of the judgment, settled and sealed. The 
 decrees of the County Court judges sitting in equity are 
 enforced by writ of ^. fa., and warrants of possession or 
 assistance (as the case may require), issuing to the high 
 bailiff, who is to the County Courts what the sheriff is to 
 the superior courts at "Westminster. 
 
 The common law jurisdiction of the County Courts has 
 latterly been considerably enlarged. It now extends (1) to 
 all actions of contract, except breach of promise of mar- 
 riage,* where the amount claimed is under 201. • (2) at the 
 option of the plaintiff, to actions ex contractu of which the 
 subject-matter is above 20Z. and below 50J. in value ; (3) to 
 
 * Breach of promise of marriage may be tried in the Coimty Court 
 by consent (Editor's note). 
 
184 THE POXTETH YEAH. 
 
 fictions ex delicto or ex contractu to any amount, wliere the 
 parties agree thereto in writing; (4) to actions of tort 
 ■where the damage sustained is under lOZ.; (5) to actions 
 of tort irrespective of the amount of damages, where 
 ■B judge of the superior courts remits it under the provi- 
 sions of the Act of 1867; (6) to ejectment, and actions 
 involving questions of title where the annual value of the 
 property is under 20^.; (7) to certain proceedings under 
 the Absconding Debtors' Arrest, Succession Duty, Mer- 
 chant Shipping, Literary Institutions, Friendly and Pro- 
 vident Societies Acts ; (8) to replevin, and by 31 & 32 Vict. 
 c. 40, to partition where the value of the property does not 
 exceed 500^. 
 
 These proceedings, with some few exceptions, commence 
 by plaint and summons. With every plaint " particulars 
 of demand" (corresponding to the " old declaration" in 
 the superior courts) must be furnished. The summons is 
 served by the high baUifE of the Court, and is heard on 
 the return day. As a general rule, the plaint must be 
 issued in the Court attached to the district in which the 
 defendant resides; but leave may be obtained of the regis- 
 trar to issue it in the plaintiff's district if it can be shown 
 that any part of the cause of. action arose there.* In one 
 special ease (that of debts due from a retail to a wholesale 
 trader, for goods supplied by the latter for trading pur- 
 poses) some new and very salutary provisions are made by 
 the second section of the County Courts Act, 1867, which 
 you have already read. In actions not involving questions 
 of title, the decision of the County Coiu-t judge is final 
 
 * Where a commercial traveller takes an order and the customer 
 names- the mode of conveyance of the goods, the traveller's principal 
 may sue the customer at the place lohere the goods were delivered to the 
 carrier named by him, such carrier heing considered, at law, the cus- 
 tomer's agent, and delivery to an agent being equivalent to delivery 
 to a principal. 
 
THE FOtTETH YEAE. 185 
 
 wliere the amount involved is under 20Z. Wliere it exceeds 
 that sum, or where questions of title to real property are 
 involved, an appeal lies to a Divisional Court of the High 
 Court of Justice, composed of judges assigned for that 
 purpose.* Applications for a new trial before the County 
 Court judge may, however, be made, in most cases, within 
 twelve days of the original decision; and, provided due 
 notice is given by the party obtaining the order for new 
 trial, the case is again heard ; but such order does not 
 delay execution, and as the same judge who tried the 
 case in the first instance presides at the new trial, appli- 
 cations of this nature are also but seldom resorted to. The 
 judgment of the Court is enforced by warrant of execution, 
 the high b ailiff levying in a similar manner to the sheriff 
 in actions ia the superior courts. Formerly, in case there 
 were no goods upon which execution could be levied, a 
 " judgment summons" was sued out by the plaintiff, and 
 the defendant was examined in Court as to his means of 
 payment ; and where the debt was contracted fraudulently, 
 or without reasonable prospect of repayment, or where the 
 defendant stood towards the plaintiff in the relation of a 
 defaulting trustee, — ^in all these cases the Court had power 
 to commit the defendant to prison for a period not exceed- 
 ing forty days. But this section of the 1846 Act is repealed 
 by the Bankruptcy and Insolvent Repeal Act, 1869. And 
 by 32 & 33 Vict. c. 62, s. 5, the Court has power to commit 
 to prison for a period not exceeding six weeks, or until 
 payment of the sum due, any person making default in 
 payment of any debt or an iastahnent of a debt due from 
 him in pursuance of any order or judgment, provided that 
 it has been proved to the satisfaction of the Court that the 
 person making default either has or has had since the 
 date of the order or judgment the means to pay the sum 
 
 * See Bedford's Guide to the Judicature- Acts (Editor's note),. 
 
186 THE POTJETH TEAE. 
 
 in respect of wluck lie lias made default, and has refused 
 to pay the same. The power is to be exercisable only by 
 the County Court judge or his deputy, and by an order 
 made in open Court, and showing on its face the ground 
 on which it is issued; and it is only to be exercised in 
 respect of a judgment of the High Court when it does not 
 exceed 501. exclusive of costs. 
 
 The above brief summary of County Court practice is 
 necessarily very imperfect ; but it may serve in some mea- 
 sure to aiford you a general idea of the jurisdiction and 
 practice of those tribunals, preparatory to attending in court 
 (as you occasionally should do) for the purpose of watching 
 the proceedings. 
 
 It was, I believe, some time since proposed by the junior 
 members of the Bar to take steps with a view of obtaining 
 exclusive audience for barristers at the county courts, such 
 as they now enjoy in Westminster Hall. The idea was, 
 however, abandoned almost as soon as formed; and it 
 would have been found impossible to carry out such an 
 arrangement in practice, owing to the greatly-increased 
 expense which the employment of two distinct persons — ^the 
 attorney and the advocate — would have occasioned. Conse- 
 qu.ently, it may now happen, more or less often according 
 to the nature of your practice, that you will have occasion 
 to appear in the character of an advocate, in cases where 
 the employment of counsel is impracticable or inexpedient. 
 The qualifications necessary for a solicitor are, I need 
 hardly point out, essentially different in many respects 
 from those requisite for an advocate ; but if your practice 
 is at all of a general character, it will be incumbent upon 
 you to attempt in some measure to combine them. In the 
 view of your possible employment in contested cases in the 
 County Courts, under the Act of 1867, I think it advisable 
 to give you a few practical hints upon the subject of advo- 
 cacy ;_ although here I obtrude my advice upon you with 
 
THE FOTTETH YEAE. 187 
 
 considerable diffidence, owing partially to the (i£ I may 
 so term it) zmivritableness of the subject, but more to my 
 own incapacity to deal satisfactorily -with it. Still, I have' 
 thought it better to incur the risk of censure in this respect 
 than in a book like this, spe'cially designed to aid learners 
 of the profession, to omit aU mention of a branch of prac- 
 tice of daily-increasing importance. 
 
 The first piece of advice I have to give you is, that you 
 immediately read Mr. Cox's work. The Advocate, originally 
 written week by week in the Laio Times, but now pub- 
 lished in a collected form. You will not find this a very 
 difficult task, the volume in question being, as is natural, 
 far " easier reading " than any regular law treatise can be 
 expected to be. One portion of Mr. Cox's book I must, 
 however, warn you against expecting too much from, — ^I 
 allude to the chapters on Emphasis and Inflection. The 
 author has done as much as could well be done with these 
 subjects; but it is absolutely impossible to teach effectually 
 such matters as these by anything short of actual practice 
 and oral instruction. 
 
 . I remember reading a letter of advice addressed by 
 Lord Brougham to a young law-student, and touching, 
 in his lordship's usual felicitous manner, amongst other 
 things, on the subject of advocacy. "Never lose an op- 
 portunity of speaking," wrote his lordship (I am CLUoting 
 from memoiy); "speak, whether you have anything to 
 say or not ; accustom yourself to hear your own voice 
 without trembling : you will find matter enough to talk 
 about when you have once succeeded in overcoming your 
 first nervousness." This advice was given to a young 
 barrister ; but it equally applies to the attorney-advocate. 
 If you are lucky enough to be in a town where there is a 
 law-student's debating society, join it without hesitation, 
 and speak as often as you can manage to get a hearing. 
 You will at first bore your audience, it is true ; but that 
 
188 THE POTJETH YEAE. 
 
 will soon in some measure, it is to be hoped, right itself ; 
 besides wMcli the "boreing" will probably be a mutual 
 transaction. If there is no law association open to you, 
 join a general debating society, and cultivate the accom- 
 pKshment of impromptu speaMng. You will find no lack 
 of matter to choose from in societies of this nature, where 
 every subject under the heavens is in txim ventilated. 
 
 To correct the ad captandum style of argument which 
 debating societies may betray you into, it is essential that 
 you should study the science of logic ; and for this pur- 
 pose the smaller edition of Dr. Paley's work on that sub- 
 ject will be found useful. I need scarcely add that you 
 should read the doctor's book out of office hours. 
 
 A very good opportunity for acquiring proficiency in the 
 mechanical part of advocacy is afforded by the penny-read- 
 ings with which provincial society has latterly been so 
 much occupied. For elocutionary purposes I should re- 
 commend the selection by you of poetical rather than prose 
 readings, as being the better practice for the voice. You 
 will learn one other thing, too, from attempts of this na- 
 ture — ^you will get to understand the moods of audiences, 
 and to know when you are interesting and when ceasing 
 to interest them. 
 
 Of course you will not forget, in attending the court, to 
 note the characteristics of the practitioners who figure there, 
 observing the points in which each one of them succeeds 
 and those in which he fails. It has been said — and, what 
 is more, credited by many — ^that sound law and good ad- 
 vocacy seldom go together ; but' judging from what I have 
 myself observed in the gentlemen of the bar at Nisi Frius 
 as well as in Banco, I should be disposed to dispute this 
 conclusion. If you were obliged of necessity to choose 
 between being an ef&cient lawyer and a fluent speaker, 
 there can be Httle doubt, as a solicitor, which of the two 
 should be preferred by you ; but I cannot conceive that it 
 
THE FOTIRTH YEAR. 189 
 
 is at all necessary, even in our -walk of the profession, that 
 a man should stutter and stammer in order to ha.ow any- 
 thing of real property law ; nor can I trace any iatimate 
 connection between a weak voice and poor delivery, and 
 a competent acquaintance with "the hooks." Whenever, 
 therefore, you notice a County Court or Bankruptcy practi- 
 tioner whose address strikes you as good in any respect, 
 try to find out what his peculiar oratorical virtue may he ; 
 and if your model advocate should happen to be an ia- 
 competent lawyer, regard it rather as an accident than as 
 a necessary consequence of .his proficiency as a speaker. 
 
 One word more, and I have done with this subject. Do 
 not, imder any circumstances, allow your debating societies, 
 your readiags, and your attendance at Court, in any degree 
 to interfere with your more serious studies. As I have 
 before said, the fourth year of your articles is the time, 
 above all others, for reading. In the succeeding part of 
 this chapter I' shall indicate, the particular books which I 
 conceive to be the best suited to your perusal at this stage 
 of your studies ; and although the Hst may appear at first 
 sight a somewhat alarming one, still, with the grounding 
 I assume you to have already received, it is not more than 
 a twelvemonth of ordinary application wOl enable you to 
 achieve satisfactorily. 
 
190 THE TOTJETH YEAR. 
 
 PART II. 
 
 Course of reading for the Fourth Tear — Smitt's Action at Latv 
 (continued) — Haynes' Outlines of Equity — ^Hunter's Suit in Equity 
 — Powell on Evidence — Sugden's Yendors tmd Purchasers — Stephen's 
 PlacHatone (vols. iii. and iv.) — Chitty on Contracts (second chapter) — 
 The Statute law (continued) . 
 
 TriE book wHch stands &st in the above list — Smith's 
 Action at Law — deservedly enjoys the favour of the autho- 
 rities at the Law Institution, of which its learned author 
 (now deceased) was for many years a distinguished orna- 
 ment ;* and from its pages all the Final Examination ques- 
 tions on the subject of common-law practice are set. It is 
 a work which perhaps from its nature taxes the memory 
 even more than the understanding of its readers. You will 
 experience comparatively little difficulty in comprehending 
 the author's meaning, but wiU nevertheless find that, even 
 after a very careful perusal of any one particular chapter, 
 many of the details contained in that chapter will have 
 escaped youj recollection. This is a necessary consequence 
 of the nature of the subject, which, the introduetoly por- 
 tion excepted, is almost entirely a collection of facts — of 
 matters of detail, occurring in the routine of practice. Por 
 the principles which govern the common law, you must 
 look elsewhere — ^to Stephen's Blachstone, Chitty on Con- 
 tracts, and Josiah Smith's Manual of Common Law. The 
 book of which I am now speaking simply is what it pro- 
 
 * Mr. J. W. Smith was one of the most successful lecturers that 
 ever appeared in the hall of the Incorporated Law Society. His 
 series of discourses on the Law of Contracts (known, in their collected 
 form, as Smith on Contracts) have always been highly esteemed by the 
 profession. 
 
THE FOUETH YEAE. 191 
 
 fesses to Be — a -well-digested statement of the ordinary dc 
 cursu practice of the courts. In reading it, you must bear ia 
 miad the changes introduced by the County Courts Amend- 
 ment Act, 1867, the provisions of which (particularly those 
 contained in sections 5, 7, 10, 11, and 12) have largely 
 altered the character of common-law practice in several 
 important respects.* The subject of costs, in especial, is 
 so greatly modified by the 5th section of that Act, that I 
 should advise you, in reading Mr. Smith's book, to leave 
 out the chapter on "Costs" altogether. You -will also 
 have to recollect that writs of trial before the sheriff were 
 entirely abolished by the 6th section of the same Act, and 
 you should therefore omit reading aU such portions of 
 Smith's Action at Law as treat of that subject. The 
 chapters of this book which I found most difficult to 
 retain whilst studying it were those on " Error "f and 
 "Execution." With regard to the former, you should 
 clearly bear in mind the distinction that exists between 
 " error in law " and " error in fact " — this will save you a 
 great deal of perplexity. In respect of the latter subject, 
 the remarks I have already made in the earlier pari; of this 
 book on the writs of fi. fa. and elegit may have given you 
 some general preliminary knowledge of the matters fully 
 treated upon in Mr. Smith's treatise. The details as to 
 time — the " Time-table," as it is called — ^will puzzle you at 
 the commencement. I think you would find it a.good plan 
 to make a comparative analysis for yourself, somewhat in 
 the following form, filling up the details, from time to 
 time, as you find them given in the text : % 
 
 * The Judicature Acts and Rules have, of course, necessitated the 
 entire rewriting of the book, which has been most ably done, in the 
 12th edition, by Mr. Foulies (Editor's note). 
 
 t Error has been abolished by the Judicature Act and Appeal sub- 
 stituted (Editor's note). 
 
 X See also Bedford's Table of Principal Steps and Times in an 
 Ordinary Action in the Supreme Court of Judicature. 
 
192 THE FOTJETH YEAE. 
 
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THE FOURTH YEAE. 193 
 
 Complete, in a similar maimer, by adding the proceed- 
 ings in eaeli case up to execution. 
 
 Another useful plan, -whilst reading Smith's Action at 
 Law, is to make brief summaries of the more exceptional 
 species of proceedings. The follo-wing examples may serve 
 to elucidate my meaning: 
 
 I. PeOCEEDINGS to OtrTLA-WTlT. 
 
 1. Writ of ca. sa. issued returnable in term. 
 
 2. Sheriff's return — non est inventus. 
 
 3. Writ of exigi facias issued. 
 
 4. Defendant -was called at five consecutive County 
 
 Courts. 
 
 5. Writ of exigi facias returned, with outlawry signed 
 
 by the coroner in LondoUj by the vendor. 
 
 6. Outlawry entered on the outlawry roll. 
 
 [N.B. After these proceedings the outlaw's person might 
 be seized, if he could be found; his personal property was 
 forfeited; but the process of outlawry did not affect his 
 future interests in real estate.] * 
 
 II. Peoceedings to set aside ak Awaed. 
 
 1. Where submission made By motion, on notice to be 
 
 a rule of court under 9 made before last day of 
 
 & 10 Will. 3, c. 15. the term following award. 
 
 2. Where reference com- By motion, (within first) 
 
 pulsory, under Common seven days of the term 
 
 Law Procedure Act, following award. 
 1854 (ss. 3—9). 
 
 3. Where reference by eon- By motion, within the time 
 
 sent at Nisi Prius. allowed for moving for a 
 
 new trial. 
 
 * But now see 32 & 33 Viet. c. 62 (Editor's note). 
 B. K 
 
194 THE FOTJETH YEAE. 
 
 m. PEOCEEDDfGS TIPrDEE. THE TiTHE CoMMTJTATIOlJ AcT. 
 
 1. Ten days' notice of accrued rent-charge (not less 
 
 than six months, nor more than two years) 
 given to tenant of premises. 
 
 2. Twenty-one days after non-payment, upon expi- 
 
 ration" of time limited in above notice (i.e. 
 thirty-one days in all), distrain. 
 
 3. If no distress can be found on the premises, and 
 
 the arrears are overdue for forty days from 
 the day on which the rent-charge became pay- 
 able, the owner of the rent-charge may have 
 a writ of assessment, and then a writ of pos- 
 session. 
 
 [N.B. Only two years' arrears of a rent-charge can be 
 recovered.] 
 
 The above are only three out of many exceptional pro- 
 ceedings in the common-law courts : I should counsel you, 
 whilst reading Mr. Smith's work, whenever you come to 
 anything at all departing from the ordinary course to 
 forthwith make a summary of the proceedings. 
 
 I remember being greatly perplexed, when first reading 
 the subject, at the distinctions existing between the kinds 
 of property which were privileged in the cases of distress 
 and execution respectively. I made a parallel statement, 
 however, which I learned ly heart, and thus got rid of the 
 difficulty. Here it is : 
 
 Execution ajstd Distress. 
 The following goods, &c. are privileged — 
 (1) from execution, (2) from distress. 
 
 1. Wearing apparel and 1. Whatever is in a man's 
 bedding of debtor, not personal use at the time 
 
 exceeding 51. of distress being levied. 
 
THE FOTJRTH YEAE. 195 
 
 2. Implements of Ids trade, 2. Animals /e»-<E natura. 
 
 not exceeding 5?. 3. Goods of a stranger de- 
 
 3. Goods of a stranger. livered to be wrought 
 
 4. (In the case of a writ by tenant, &c. in the 
 
 of elegit) advowsons way of his ordinary 
 
 in gross, and glebe trade. 
 
 lands. 4. Loose money. 
 
 5. Fixtures affixed to the 5. Perishable articles. 
 
 freehold. 6. Fixtures affixed to the 
 
 6. Gk)ods in custodid legis. freehold. 
 
 7. Goods in custodid legis. 
 
 I do not know that I can give you any practical hints 
 upon the mode of attacking Smith's Action at Law further 
 than by observing that the book must be read through, 
 and carefully commonplaced, twice at least, to insure an 
 accurate retention of its contents. For the chapters on 
 Error, Execution, and Arbitration,* I should say three 
 perusals would not be too many. In conclusion, I will 
 only add that, in order to be certain of a "pass" at your 
 Final Examination, a somewhat intimate acquaintance with 
 the whole of Smith's Action at Law is positively essential. 
 
 If the book I have just been speakiag of is, from the 
 nature of its subject, one of the most formidable in the 
 law-student's library, certainly the next on my list is of a 
 diametrically opposite character. In reading the admirable 
 collection of lectures known as Haynes' Outlines of Equity, 
 you will indeed frequently find yourself obHvious of the 
 fact that it is professedly a legal treatise at aU, so in- 
 teresting is the subject upon which Mr. Haynes treats, and 
 so elegant the literary style wherewith he has clothed it. 
 It is quite unnecessary that I should offer any suggestions 
 
 * These chapters are omitted in the 12th edition. I miss the chapter 
 on Arbitration very much (Editor's note). 
 
 K 2 
 
196 THE EOUBTH TEAE. 
 
 as to the metiiod you should adopt ■whilst perusing this 
 work; I might as well give you directions how to read 
 Vanity Fair or Adam Beds. But although Mr. Haynes' 
 manner is more comparable to that of a very first-class 
 noveHst than to that of a dry lawyer, still you must re- 
 member that his matter is of a most instructive nature. 
 The suamter in modo cum fortiter in re was never better 
 exemplified than in his case. Having read Haynes' Outlines 
 once, because every articled clerk does so, you will not faU. 
 to peruse it a second time entirely for your own pleasure ; 
 and you will find it gain on closer acquaintance. 
 
 Appended to Mr. Haynes' book is a " Statement of the 
 Practice of the Court of Chancery,"* by Mr. Chapman 
 Barber, of which I wUl only say that it is worthy to be 
 enclosed within the covers of Haynes' Outlines. This 
 "Statement" is as full of matter as an egg is of meat — 
 every liae imparts some useful information; and armed with 
 a knowledge of the three works on equity — Smith, Haynes, 
 and Barber — which I assume you to have mastered by the 
 end of the fourth year, you will find no difficulty in com- 
 prehending the nature and objects of the different equitable 
 proceedings with which you will be called upon to make 
 acquaintance when in London next year. Most articled 
 clerks go through their six or eight months of attendance 
 at "Chambers" in Lincoln's Inn with about the same 
 amount of intelligent apprehension as a well-behaved 
 Hottentot woidd evince under similar circumstances, and 
 this merely because they leave their equity reading " im.til 
 they have seen what the London Courts are Kke, you 
 know." If you have paid only ordinary attention to what 
 Messrs. Smith, Haynes, and Chapman Barber have been 
 
 * This is, of course, not necessary to be learnt, in regard to the 
 alteration of the practice by the Judicature Acts, but the student 
 ought to know something of the old practice (Editor's note). 
 
THE POURTH YEAE. 197 
 
 telling you, your own experience in the town-agent's office 
 will be of quite another character. 
 
 In the last chapter a few suggestive observations were 
 offered upon the law of evidence. For the purpose of ac- 
 companying the examples of common-law actions therein 
 given, I judged these to be sufficient ; but it is now time 
 that you should acquire a more extensive knowledge of 
 this very important subject. Whilst conceding that its 
 perusal is not absolutely essential for your preparation for 
 the impending "jBnal," I should nevertheless most strongly 
 recommend that, at this stage of your studies, you read 
 carefully through, once at least, Mr. Powell's Principles 
 of the Law of Evidence. For reference in nice points of 
 actual practice, the larger work of Mr. Taylor is perhaps, 
 more suo, the better adapted; but for your needs as a 
 student, I know of no book upon the subject that can bear 
 comparison with Mr. Powell's. I have said that, for a 
 "pass," it is not imperatively necessary for you to read 
 any work upon "evidence" at all; still, if you are desirous 
 of doing anything more than merely "scraping through" 
 at the Incorporated Law Society — if you are ambitious of 
 becoming really a lawyer, and not merely an admitted attor- 
 ney, which is a very different thing — ^you may depend upon 
 it that an accurate knowledge of the principles governing 
 the admission and rejection of evidence will signally fur- 
 ther your object. I therefore reiterate my advice as to 
 reading Mr. Powell's work: a couple of months devoted 
 to its study (alternated, of course, with statute-reading) 
 will be anything rather than time lost. 
 
 I own to some diffidence in introducing to your notice 
 Lord St. Leonards' work on Vendors and Purchasers of 
 Estates, because I am fully aware both of its bulk and 
 difficulty.* Yet, if read slowly, and at intervals during 
 
 * I should suggest the notes to Prideaui's Frecedents in Conveyancing 
 instead (Editor's note). 
 
198 THE FOTJETH YEAE. 
 
 the last two years of your articles, I am by no means con- 
 vinced that the task of mastering at aU events its general 
 outlines is one beyond your powers. Like CMtty on Con- 
 tracts (-whicli it exceeds, however, by about a third in size) 
 it is replete with cases, — many of those cited being, as with 
 Chitty, of a conflicting character; and this circumstance, 
 although greatly adding to its value as a book of refer- 
 ence, somewhat detracts from its adaptability as a work for 
 students. If you determine to form some acquaintance with 
 this treatise — the master- work of a master-mind — and yet 
 are dismayed by its great bulk, I should recommend the 
 following selection from its contents; one, I may be allowed 
 to add, made for my own purposes when reading for my 
 final examination : 
 
 In the first place, read the short but pithy introduction 
 with especial care,* notiug, as a matter of course, anything 
 which strikes you as new. Then skip the first and second 
 sections of the fijst chapter ("What is an Auction?" and 
 "Puffing" — the latter of which subjects is disposed of by 
 the learned author's Act of 1 867), but read the remaining 
 sections. The second chapter may be omitted altogether 
 for the present. The whole of the third and fourth chap- 
 ters (some 200 pages in aU) must, however, be diligently 
 read ; the former treating in an exhaustive manner of the 
 Statute of Frauds already read by you, and the latter " Of 
 the Consequences of the Contract," — perhaps to a student 
 the most important portion of the entire work. The fifth 
 and sixth chapters being for the present passed over, the 
 seventh and eighth must be carefully read. The remaining 
 
 * In oonsequenoe of the great changes in the law of sales and 
 mortgages introduced by Lord St. Leonards himself in 1859, it will 
 be qnite useless for you to read any edition of a date earlier than that 
 year. The edition published in 1862 comprises all the recent altera- 
 tions in real-property law up to the Declaration of Titles Act, and 
 the alterations efiected by the Vendors and Purchasers Act, 1874, 
 must be carefully noted. 
 
THE POTIBTH YEAB. 199 
 
 portion of tlie first volume, consisting principally of olbser- 
 vations upon points of difficulty arising in the practical- 
 conduct of conveyancing matters, may he omitted until yoii' 
 have a fuller opportunity of perusing it. In the second 
 volume, the second and third sections of the opening 
 chapter (those treating upon the suhjects of "Title by 
 Descent" and "Title by Devise") should not be omitted, 
 and as they occupy together but twenty pages, you -will 
 have no excuse for hurrying them over ; the fifth section 
 of this chapter ("Title by Non-claim") should also be 
 read. A Careful perusal of the whole of the fourteenth 
 chapter ("Of the Construction of Covenants for Title") 
 concludes the selection from Sugden's Vendors and Pur- 
 chasers which I have made. ■ 
 I am quite aware that in giving you the above advice" 
 I have laid myself open to the charge of presumptuously 
 snipping and chipping to pieces a great and complete 
 work. The necessity of the case must be my excuse for- 
 tius apparent piece of Vandalism. With some portions 
 of Lord St. Leonards' wonderful book, I think that you 
 should, whilst yet an articled clerk, make yourself familiar; ' 
 whilst as to others I have (perhaps erroneously) considered 
 that your reading may be delayed until you are more com- 
 pletely master of your time. It is pretty certain that many 
 articled clerks would be unable to find leisure for the due 
 perusal of a work (puttiag its difficulty out of sight) of 
 more than 1000 pages in extent; but I cannot recognise in 
 that circumstance a reason forbiddiag them to read a small 
 portion of the book — such as appears to me most appHoable 
 to their position as learners ; indeed, I would only propose 
 to postpone its complete perusal, not in the least to do away 
 with the ultimate necessity for reading every syllable of it. 
 The portions which I have above selected for your reading 
 are those which I incUne to consider the best adapted to 
 your present wants ; and if I have been mistaken, under 
 
200 THE FOrUTH YEAE. 
 
 the circumstances, in attempting to make such selection 
 for your behoof, I can only plead good intentions as my 
 excuse. 
 
 I assume that you have, at an earlier period of your 
 reading, perused the first and second volumes of Stephen's 
 Blaokstone. It is now time for you to complete your know- 
 ledge of the Commentaries of our most luminous legal 
 writer. Fortunately, the text of Blackstone is less exigeant 
 in character than that of Lord St. Leonards; its para- 
 graphs do not require to he studied with quite the same 
 closeness as the text of Vendors and Purchasers ; and you 
 may therefore hope to achieve a complete perusal of the 
 later volumes of Stephen's Blackstone at a comparatively 
 smaU. expenditure of time. As a matter of course, I do 
 not mean by this that you are to "run hastUy" over the 
 pages of the great commentator, — ^f ar from it. But at the 
 same time, — and whilst bearing in mind that no law-book 
 should be approached in the spirit in which one would 
 take up a magazine article, the Commentaries do not re- 
 quire the same almost painful degree of attention which is 
 demanded by Smith's Action at Law and Sugden's Vendors 
 and Purchasers. 
 
 Your fourth year's course of reading will be well ended 
 by a reperusal of the second chapter of Chitty on Contracts. 
 You may, however, on the present occasion, without any 
 great danger, omit studying those portions of the text 
 which treat of contracts with insolvent debtors, corpora- 
 tions, commissioners of roads, &c. These eliminations 
 will leave you only some hundred pages to master. 
 
 You may think, possibly, that the amount of reading 
 which I have mapped out for you, together with the statutes 
 of which a list is appended to this chapter, an imconscion- 
 able quantity of law to be encoujitered in one year. But 
 when you recollect that you have already (supposing you 
 have.foUowed up my system) got into the regular " swing" 
 
THE POTJETH YEAE. 201 
 
 of -work, as it -were, and that tHs fourth year should be, 
 according to my plan, the most studious period of your 
 professional novitiate; when you further rememher that 
 the demands made upon your time by the office-work ought, 
 in fairness to yourself, to be now somewhat lessened, — you 
 must admit that, after aU, the quantity of work prescribed 
 is not so very great; and you will certainly, in time to come, 
 reap the benefit of your present application. 
 
 The following is a list of the statutes to be read by you 
 during the present year: — 
 
 6 & 7 WiU. IV. c. 71, " Tithe Commutation Act." 
 
 10 & 11 Vict. c. 96, " Trustee Act, 1847." 
 
 12 & 13 Vict. c. 74, " Trustee EeUef Act, 1849." 
 
 13 & 14 Vict. c. 60, " Trustee Act, 1850." 
 
 14 & 15 Vict. c. 52, " Absconding Debtors' Arrest Act." 
 
 15 & 16 Vict. e. 55, " Trustee Act, 1852." 
 
 16 & 17 Vict. c. 83, " Succession Duty Act." 
 18 & 19 Vict. c. 65, " BiUs of Exchange Act." 
 
 23 & 24 Vict. c. 38, " Eeal Property Amendment Act." 
 28 & 29 Vict. e. 99, " County Courts Equitable Juris- 
 , diction Act." 
 
 And the Judicature Acts must now be thoroughly read 
 and mastered, as also the Eules and Orders, which, with the 
 assistance of I^edford's Guide, will not be a very difficult 
 though somewhat tedious process. 
 
 K 5 
 
( 202 ) 
 
 CHAPTEE V. 
 
 THE LAST TEAK. 
 
 PART I. 
 
 The Last Tear — ^Assigmnent of Articles — ^The Town-agent's Office — 
 London professional life — The Courts — ^Pleading and Practice — 
 Attendance at Chambers — ^Points to be specially noted. 
 
 Having passed four-fifths of your term of service in your 
 principal's oflB.ce, and obtained, hj means of an attentive 
 reading of approved elementary text-liooks, a competent 
 general knowledge of the principles upon whicli EngHsh 
 law is founded, the time has now arrived when it is fit 
 you should see with your own eyes the actual every-day 
 working of that great legal machine whose separate cogs 
 and wheels you have already studied at home. This prac- 
 tical experience can be gained nowhere but in the metro- 
 polis ; and only by visiting for yourseK the various Courts 
 and offices scattered between Westminster and Chancery 
 Lane can you hope to become familiar (as it is needful 
 you should be) with those forensic, judicial, and adminis- 
 trative proceedings which together form what is termed 
 "the practice" of law. To further the accomplishment 
 of this, it has been customary for many years past, for 
 country solicitors to " assign" their clerks, for the last 
 twelve months of their articles, to their London agents ; 
 and I will accordingly assume in this chapter that you 
 have quitted your principal's place of business and are 
 now in his town-agent's office, awaiting the time when 
 you can yourself be admitted to practise. 
 
 The place wherein you are now located differs very 
 
THE LAST YEAB. 203 
 
 greatly from the country office in wHch your earlier years 
 in statu pupillari were passed ; and you will have to observe 
 pretty closely, in the first instance, the internal economy 
 of your new professional abode before the reasons for this: 
 difference will become apparent. Under the acts and 
 orders regulating the practice of attorneys, you are already 
 aware that it was recLuisite, in instituting or carrying on any 
 proceedings in the superior Courts of law and equity, that 
 the necessary steps should have been taken, in every case, 
 by a practitioner carrying on business "within twenty miles 
 of Lincoln's Inn." No writ coidd formerly have been 
 issued, no pleadings filed, unless the same was indorsed 
 with the name and address of some attorney or solicitor 
 practising within that radius. It was therefore necessary 
 that every professional man permanently resident without 
 those limits should employ some other practitioner carrying 
 on business within them, to transact all such matters on his 
 behalf ; and from that necessity arose the class of London 
 solicitors called " town-agents." * These gentlemen have,' 
 generally speaking, private practices of their own in addi-^ 
 tion to the business with which they are intrusted by their 
 country correspondents ; and the town-agent has, in that 
 case, two distinct classes of business — " agency " and 
 "proper." In the former department are transacted pre- 
 cisely those matters concerning which you have as yet had. 
 no opportunity of being informed ; and it is therefore the 
 "agency" work of the office that you should exclusively; 
 regard during this your final year of pupilage. 
 
 The business which the town-agent thus carries on on, 
 behalf of his country correspondents is of three descrip- 
 tions (following the divisions of the law itself) — convey- 
 ancing, common law, and equity. With regard to the 
 first of these, the town-agent has not, under ordinary cir- 
 cumstances, a very important part to play; but still, in 
 
 * The district registries established under the Judicature Acts have 
 materially aflected tb-wn agency. 
 
204 THE LAST YEAE. 
 
 consequence of the public offices being in London, it con- 
 tinually happens that he has miscellaneous conveyancing 
 business to transact for his correspondents. Thus, he has 
 frequently to pass legacy-duty, residuajy and succession 
 accounts at Somerset House, on behalf of the executors, 
 trustees, and beneficiaries, under wills and iutestacies; 
 and to hiTn also falls the duty of obtaining probate, in 
 all those cases where it is necessary that the will should 
 be proved in the principal registry in London, instead of 
 in the registry-office of the district wherein the testator 
 had his place of abode. Another portion of the town- 
 agent's conveyancing business consists in. the obtauiing re- 
 gistration of deeds in the Middlesex Registry ; whilst various 
 searches in conveyancing transactions also come within his 
 province. To the town-agent likewise fell such special 
 matters as the obtaining indefeasible titles under the Act 
 of 1862;* enrolling disentailing deeds and charitable trust 
 instruments in the Chancery Division; obtaining the assent 
 of the Copyhold Commissioners, the Lords Commissioners 
 of her Majesty's Treasury, and the Charity Commissioners 
 for various purposes, and other business of a miscellaneous 
 and somewhat undefinable character. The town-agent's 
 proper province was, however, the transaction of routine 
 business in the various common-law and equity offices. 
 In aU actions in London in the High Court of Justice, it 
 devolves upon him to issue the requisite writs of summons 
 and execution, to enter judgment, tax costs, and undertake 
 the charge of numerous other matters belonging to the 
 administrative progress of the cause : whilst his duties in 
 regard to matters in which the Chancery Division has 
 exclusive jurisdiction, the equity actions transmitted to him 
 from the country, are yet more onerous, and may be de- 
 fined, roundly, as extending to the whole of the de cursu, 
 or routine proceedings, throughout the suit, as well as to 
 
 * Whicli act is now atolished (Editor's note). 
 
THE LAST YEAE. 205 
 
 many matters (such, as proceedings in Chambers before 
 the judges and their chief clerks) which do not come 
 within that category. Indeed, as regards London Chan- 
 cery proceedings, the "bm-den and heat of the day" might 
 be said to have fallen almost entirely upon the town-agent : 
 and many country practitioners are content still to leave the 
 entire practical conduct of these important proceedings in 
 the hands of their London delegate — or rather of his 
 Chancery clerk. For this reason it wiU be to your ad- 
 vantage to devote the greater part of your time, whilst 
 under assignment, to watching and taking part in the 
 various Chancery matters going on in the town-agent's 
 office, it being very unlikely that, once settled ia country 
 practice, you wHL ever again have so good an opportunity 
 of becoming familiar with the conduct of actions in the 
 Chancery Division. I therefore recommend you to divide 
 the nine working months passed by you in London,* in 
 the following manner : the first two months to be devoted 
 to conveyancing (in the agency, mind, not \hB proper depart- 
 ment of the office), then two months to common law, and 
 the remaining five to equity. The lightest work falling in 
 this wise duxiag the earlier period of your stay in the 
 office, you will have more time to look about you, and 
 accustom yourself to your surroundings, than would be the 
 case if you plunged in medias res, and commenced your 
 London experiences by embarking in the intricacies of 
 practice in the Chancery Division. 
 
 Having just noticed the principal descriptions of con- 
 veyancing matters transmitted from the country to the 
 town-agent's office, I will now give a brief account of what 
 has to be done in London in some of these cases ; and this 
 will, I hope, save you from a little confusion at first, and 
 from the necessity of constantly asking minute questions 
 as to the meaning of what you are doing. 
 
 * I. e., the twelve mouths londer assigmneiit, minus the ten weeks 
 of the Long Vacation, and a fortnight or so at Christmas. 
 
206 THE LAST YEAE. 
 
 1. As to the payment of legacy and succession-duty. 
 Legacy-duty is payable to government by the executors of 
 a will, upon tbe bequests therein contained, at the expi- 
 ration of the twelvemonth allowed them for realizing the 
 testator's effects — or sooner, if they prefer it. For this 
 duty, when paid, a receipt is given by the authorities at 
 Somerset House, and the executors are entitled to deduct 
 the amount shown on such receipt when settling afterwards 
 with the legatees.* The amount payable to government 
 is a percentage varying according to the propinquity or 
 remoteness of the relationship between the deceased and 
 the legatee, and ranges from 11. per cent., payable by a 
 " lineal ancestor or descendant," to 101. per cent., payable 
 by a "stranger in blood," the widow of a deceased person 
 being, however, exempt from all legacy-duty. It is the 
 business of the executors to see that the proper amount is 
 paid in each ease ; and they are amenable to penalties if 
 they fail to discharge their ofiB.ee in this respect. Succes- 
 sion-duty differs from legacy-duty in the following details : 
 (1) it is payable upon real property and chattels real, and 
 upon personal property wlien settled in succession on dif- 
 ferent individuals, either through the medium of trustees 
 or otherwise — and not, as is the case with legacy-duty, 
 upon immediate specific or pecuniary bequests ; (2) it may 
 be compounded for in advance ; (3) it is payable by the 
 beneficiaries or trustees (as the case may be) instead of by 
 the executors. Both legacy and succession duties are pay- 
 able at the Inland Eevenue Office, Somerset House (or at 
 one of its branch offices) ; the accounts must be made out 
 upon printed forms supplied at the office, and gone over 
 with the proper clerk, signed and " passed" by different 
 officers, the amount paid in the " receiving office," and a 
 
 * If the legacy is expressed to be given "free of legacy-duty," 
 tlie executors deduct tie amount paid from the sum coming to the 
 residuary legatee. 
 
THE LAST TEAK. 207 
 
 stamped receipt taken, this serving as a vouelier -wlienever 
 the matter is afterwards called in question. 
 
 2. Analogous to the above is the passing of " residuary 
 accounts," which process also takes place at Somerset 
 House. When all the assets have been got in, and the 
 probate and legacy duties paid, it becomes necessary for 
 the residuary legatee to render his account, showing in 
 detail the balance coming to him, and the manner in which 
 the result is arrived at ; and, upon this residue, duty has 
 likewise to be paid. These attendances at Somerset House 
 are, I must admit, somewhat tedious, and occasionally 
 rendered more so than is necessary by the obstructiveness 
 of some of the subordinate oflScials ; but stUl a series of 
 interviews at the Inland Eevenue Office offers a fine field 
 for the exercise of temper and arithmetic; and it is as 
 well to learn the details of all these matters in your own 
 person. 
 
 3. As to probate. When it is desired to prove a will at 
 the principal registry (which must be done whenever the 
 deceased was not, prior to his demise, permanently resident 
 within some one of the county probate districts), the neces- 
 sary proceedings are taken by the town-agent. WiUs are 
 proved in two ways : (1) in common form, and (2) per 
 testes ; the former being resorted to in simple and uncon- 
 tested, the latter in doubtful and contested, cases. Where 
 a will is proved in " common form," the executor in the 
 first place makes an affidavit as to the probable value of 
 the deceased's personal property,* which is taken to the 
 Inland Eevenue Office; and thereupon, and on payment 
 of the proper amount, a probate stamp is issued to the 
 applicant. The executor then makes another affidavit 
 (called "the executor's oath"), and one of the attesting 
 
 * Of course upon the realty no probate duty is payable ; and if a 
 testator happens to leave nothing iut real property, there is no necessity 
 for proving his wiU at all. 
 
208 THE LAST YEAE. 
 
 ■witnesses to the will also makes an affidavit verifying tlie 
 execution of the mil. These three affidavits, the probate 
 stamp, the original will, and a copy engrossed on parch- 
 ment, are then taken to the registrar's office at Somerset 
 House ; and after a short interval prohate is granted. If 
 the attesting witnesses are dead, or the executor is wrongly 
 described, or the wiU. is defaced or interlined, or if there 
 are any other special circumstances in the ease, the regis- 
 trar will demand other affidavits accounting for those 
 circumstances before he will admit the will to probate. 
 Where the deceased has died intestate, letters of adminis- 
 tration are granted at the same office to the party entitled 
 to administration, upon his entering into a bond, with ap- 
 proved sureties, for the due administration of the intestate's 
 effects. If an executor has died before his testator's assets 
 are finally distributed, administration de bonis non is granted 
 to his executor ; or, if he has died intestate, to the next of 
 kJTi of the original testator. If the executor named in the 
 will is dead, or renounces probate, administration cum 
 testamento annexo is granted. AH these proceedings take 
 place at the principal registry in Somerset House. 
 
 4. Searches for incumbrances, judgments, &c. (l)Asto 
 property situate in the county of Middlesex, a registry of all 
 instruments affectiag its title, &c. is kept in the Middlesex 
 Registry Office, 12, Great James Street, Bedford Eow, W.C. 
 Whenever, therefore, a person is about to purchase, or to 
 advance money on, any real property situate in that county, 
 his solicitor, before completion, searches in that office in 
 order to ascertain if there have been any dealings with the 
 property undisclosed by the intended vendor or mortgagor. 
 Short epitomes — called "memorials"- — of every deed deal- 
 ing with property in Middlesex (setting forth the parties, 
 parcels, &c.) are brought to the office after the execution 
 of the deed, and inserted in the appropriate books, of which 
 an index is supplied for every year ; and in these indexes 
 
THE LAST YEAR. 209 
 
 you liave to search., on behalf of the purchaser or mort- 
 gagee, to ascertain that there are no concealed incumbrances. 
 This process is essential in all such cases, because it has 
 been authoritatively decided that whatever is contained in 
 these books is to be considered as known to the party 
 interested, thus throwing upon him. the onus of inquiry. 
 It is very tedious work searching in these innumerable 
 volumes and bundles of plans ; and I should not counsel 
 you to consume too much of your time in the process, from 
 which there is little to be learned ; but you should go once 
 or twice whilst in London, on the principle of seeing every- 
 thing that is to be seen. (2) Searches for judgments take 
 place at the CommonPleas Registry, Chancery Lane, and are, 
 compared to those just named, very simple matters indeed. 
 The object of searching in this registry is to ascertain if 
 there are any unsatisfied judgments existing against the 
 vendor or mortgagor; but owing to comparatively recent 
 legislative enactments (see 27 & 28 Vict. c. 112), the registry 
 will shortly cease to be of much practical importance. 
 Its field of operations extends all over England and Wales. 
 The limits of this book forbid my entering upon any 
 description of the more complicated conveyancing matters 
 which have been mentioned as coming within the town- 
 agent's province. Of these, as I have said, one of the most 
 important was the registering of titles, under the Act 25 
 & 26 Vict. c. 53 (a lengthened and elaborate process),* the 
 enfranchisement of copyholds through the aid of the Copy- 
 hold Enfranchisement Commissioners, and the obtaining 
 the sanction of the Lords of the Treasury, the Charity 
 Commissioners, and the Board of Trade for various pur- 
 poses connected with municipal, educational, and other 
 semi-pubHc matters. To enter upon any of these excep- 
 
 * But, as this failed completely, the 125th section of the Land 
 Transfer Act, 1875 (38 & 39 Vict. u. 87), prohibited further registration 
 (Editor's note). 
 
210 THE LAST YEAE. 
 
 tional cases in detail would absorl) too much, of your time 
 and my own space ; and I therefore am compelled to leave 
 them unnoticed. 
 
 The three common-law divisions of the High. Court sit 
 at Westmiaster HaU during " term" time for the hearing 
 of demurrers and points of law reserved from nisi prius, 
 and of various applications for rules. They also sit at- 
 the Guildliall and other places for the hearing of original 
 causes, which are there tried in a somewhat similar 
 manner to the assize causes, of which I have previously 
 spoken. I might here mention that by the 26th section, 
 of the Judicature Act, 1873, "terms" are ahoHshed 
 entirely, so far as the administration of justice is con- 
 cerned, and four " sittings " retaining the same names 
 are substituted. Each of the Courts stiU. retains to itself 
 — in spite of the various reforms and modifications of 
 practice since the year 1833 and the Judicature Acts — a 
 certain exclusive jurisdiction. The Court of Queen's Bench 
 differed from the other Courts in that it had an origiual 
 criminal as well as a civil jurisdiction, and was alone entitled 
 to exercise the remedies by quo warranto and prerogative 
 writ of mandamus. The Court of Common Pleas had the 
 exclusive right of entertaining appeals from th.e decisions 
 of revising barristers, and of filing certificates of acknow- 
 ledgment under 3 & 4 Will. 4, c. 74; and it was also the 
 Court in which must be prosecuted the few real actions left 
 by the Common Law Commissioners — ^the actions of dower 
 and quare impedit as modified by the Common Law Pro- 
 cedure Act, 1860; whilst the Exchequer alone of the three 
 Courts had power to determine (as Littleton has it) "causes 
 concerning the sovereign's profit or revenue, as of debts 
 and duties, honours, manors, franchises, hereditaments, 
 goods and chattels of the sovereign;" and the exclusive 
 jurisdiction of these Courts respectively was, by the 34th 
 section of the Judicature Act, 1873, transferred to the same 
 
THE LAST YEAE. 211 
 
 divisions of the High Court. To each of the Courts are 
 attached, besides the judicial staff, a body of ministerial 
 officers, — ^taxing and sitting masters, judges' clerks, and 
 others, — ^to all of -whom are assigned separate and distinct 
 duties. The proceedings in an action in any one of the 
 Courts may be said to be of three kinds : (1) Those taking 
 place in open Court, in the regular course of suit, before the 
 judges, and also those motions and rules the proceedings 
 connected wherewith take place in Court in term time; 
 (2) those interlocutory m.atters dependent (theoreticaJly, at 
 least) upon the pure discretion of the judges, and exercised 
 by the latter and (under the new orders) by the masters 
 sitting in Chambers; and (3) those formal and regular 
 steps which are taken at the offices of the masters of the 
 different Courts. As instances of the first of these three 
 classes may be mentioned — the arguing of demurrers, 
 special cases, and points reserved at nisi prius, and ap- 
 plications for new trials; of the second, summonses and 
 orders for time to plead, for better particulars, &c. ; whilst 
 of the last, the regular pleadings, the issue of various 
 writs, and the taxation of costs, are familiar examples. 
 
 As you will now have, whilst in the agent's office, an 
 opportunity of seeing a multiplicity of pleadings of dif- 
 ferent descriptions, I think it as well here to offer you a 
 brief general resume of the former rules of pleading in civil 
 actions ; a subject concerning which neither Smith's Action 
 at Law nor the Manual of Common Law have given you 
 any detailed information. As formerly in force under the 
 Common Law Procedure Acts, 1862 and 1854, and the 
 pleading rules of Trinity Term, 1853, the following is a 
 short summary of the more important rules which, until 
 the Judicature Acts, regulated common-law pleading in the 
 three superior Courts. 
 
 1. Several counts on the same cause of action were not 
 allowed under the old practice. 
 
212 THE LAST YEAK. 
 
 Example : Declaration stating (1) that the plaintiff sued 
 the defendant for 251. for goods hargained and sold to the 
 defendant; and (2) that the plaintiff also sued the de- 
 fendant, as the agent of a third party, for the 251. for goods 
 sold and delivered. This second count would prohahly 
 have heen struck out upon application to a judge at 
 Chambers.* 
 
 The judges would, however, have always allowed several 
 counts to the declaration " when they appeared to he proper 
 for determining the real question in controversy between the 
 parties on the merits." 
 
 2. Several pleas, replications, &e. founded on the same 
 ground of answer or defence were not allowed without 
 leave. 
 
 Example : Declaration in assumpsit for breach of pro- 
 mise of marriage. Defendant pleaded (1) the general issue 
 {non assumpsit) ; and (2) that the plaiatiff was a woman of 
 loose and debauched life, wherefore he the defendant, &c. 
 Before these two pleas could be pleaded together, a "sum- 
 mons to plead several matters" must have been taken out 
 in Chambers, served, heard by the judge sittiag in Cham- 
 bers, and an order granted. The judges always allowed 
 double pleading, where it appeared ' ' proper for determining 
 the real question." If no such order had been obtaiued, 
 the second plea would have been at the risk, as to costs, of 
 the party pleading it; and even if he had succeeded at trial 
 on the general issue, he might have had to pay the costs 
 occasioned by the unauthorized pleading. 
 
 3. In actions of assumpsit, the plea of non-assumpsit only 
 operated as a denial in fact of the promise alleged, but not 
 
 * Because, as a general rule, if tlie defendant were personally 
 liable at all, it -would not matter to the plaintiff whether as agent or 
 principal, but under the new pleading rules of the Judicature Acts it 
 would be taken the principal entered into the contract and not the 
 agent. 
 
THE LAST YBAE. 213 
 
 of any collateral matters, wMch. must have teen specially 
 pleaded. 
 
 Exempli gratid : Declaration tliat tlie plaintiff sued the 
 defendant for 1,0001, money due on a policy of insurance 
 on A.'s life: plea non-assumpsit; tlie plea merely put in 
 issue th.e "subscription of tlie alleged policy by the defen- 
 dant," but not any collateral matters — such as a denial 
 that the plaintiff had, at the time of the insurance, the 
 necessary pecuniary interest in A.'s life. If this question 
 ■was to be raised, an order "to plead several matters" must 
 have been obtained, and the plea specially pleaded. 
 
 4. In actions upon bills of exchange the pleas "'no7i 
 assumpsit" and "never indebted" -were not allowed. 
 
 If the action is brought under the Bills of Exchange Act, 
 1855, of course the defendant could not, and indeed cannot, 
 plead at aU vdthout special leave. Supposing, however, 
 from any cause (such as the bUl being more than six months 
 overdue, for instance) an ordinary indorsed writ of summons 
 was issued, and the plaintiff in due course (i.e. after defen- 
 dant's appearance) declared, — in such case a special plea 
 traversing the declaration must have been pleaded in de- 
 fence, — such as that the bill was never presented for pay- 
 ment, if the defendant was the acceptor, or that no notice 
 of dishonour had been given, if he was the indorser. 
 
 5. In all actions ex contractu (whether on specialty or 
 simple contract) every matter iu confession and avoidance 
 must have been specially pleaded. 
 
 This rule requires no explanation. Infancy, coverture, 
 release, accord and satisfaction, illegality of consideration, 
 contract being in general restraint of trade, &c., are a few 
 examples of "matters in confession and avoidance." 
 
 6. In actions, on specialties (that is, instruments under 
 seal) and covenant, the plea non est factum only operated as 
 a denial of the execution of the deed, and aU other defences 
 must have been specially pleaded. 
 
214 THE LAST TEAE. 
 
 Non est factum wSlS, tlie "general issue" in actions of 
 covenant, just as non assumpsit was in actions on simple 
 contracts. If the plaintifE's declaration stated that the 
 defendant by such and such a deed covenanted to keep 
 a certain road in repair, the plea non est factum 'would 
 merely have put in issue the fact of the execution by the 
 defendant of the instrument declared on. If the real de- 
 fence -was (for example) that by a subsequent deed* the 
 plaintiff discharged the defendant from his liability under 
 the former specialty, this second deed must have been 
 specially pleaded by the defendant. 
 
 7. The plea of nil debet was allowed under the old 
 practice. 
 
 This was an ancient plea, abolished by the rules of 
 Trinity Term, 1853. In actions of debt, or indebitatus 
 assumpsit, the plea " nunquam indebitat" ("the defendant 
 never was indebted as alleged in the plaintiff's declara- 
 tion") must have been pleaded. 
 
 8. Where the plaintiff in his particulars of demand had 
 given credit for sums paid by the defendant, the defendant 
 was not to plead " set-off " as to those sums. 
 
 The operation of this rule was alluded to in the action 
 of Stubbs V. Purnival, ante, Chap. I. 
 
 9. Payment might not have been given in evidence, but 
 must have been pleaded in bar. 
 
 The meaning of this was, that if the defendant wanted 
 to set up payment as a defence to the action, he must have 
 pleaded it in bar, otherwise he would not have been allowed 
 to give it in evidence. Of course, payment having frst 
 been specially pleaded, the fact was afterwards established 
 by the defendant's evidence, in the same way as any other 
 plea. 
 
 10. In actions of detinue the plea of non detinet only 
 operated as a denial of the detention. 
 
 * A parol discharge would, of ooursej have teen inefieotual. 
 
THE LAST TEAE. 215 
 
 Non detinet was the "general issue" in detinue: see the 
 observations ahove in the cases of non assumpsit and non 
 est factum. 
 
 11. In all actions of tort, matters in confession and avoid- 
 ance must have been specially pleaded, as in the case of 
 actions ex contractu. 
 
 12. In actions of tort, the "general issue" — "not guUty " 
 — only operated as a denial of the commission of the act. 
 Facts stated in the inducement of the declaration must have 
 .been specially pleaded to. 
 
 Example : Declaration in libel, per quod amisit (that vras 
 where the damage suffered by the plaiatiff was the gist of 
 the action) the defendant's plea of "not guUty" only put 
 in issue the publication of the Hbel, not the special damage 
 arising therefrom. 
 
 13. In. SLcHons oi tiespass quare clausum freffit the "close" 
 must have been designated and described fully in the de- 
 claration, with its abuttals, &c. 
 
 The reason for this rule was, that it obviated the danger 
 of the defendant's mistating the particular acts of trespass 
 complained of, thus doing away with the necessity for a 
 " new assignment." 
 
 14. A plea containing a defence arising after the com- 
 mencement of the action might have been pleaded with a 
 plea arising before such commencement. 
 
 The above represent the principal rules of pleading 
 formerly in force. For a fuller exposition of this most 
 important subject I shall hereafter refer you to Mr. Watiin 
 Williams' valuable work on Pleading. 
 
 I have allowed the foregoing pages on pleading to stand, 
 because I am of opinion that you should be thoroughly ac- 
 quaiated with the important alterations which have been 
 made by the Judicature Acts. All that is technical has been 
 sought to be avoided, and as my pleader one day remarked. 
 
216 THE LAST YEAE. 
 
 you "must not no-w lie teclmically but specifically," — he 
 meant that, under tlie new pleading rules, every paragTaph 
 in the statement of claim, if denied at all, must be denied in 
 plain simple language, and words must be taken literally 
 to imply what they seem to. Thus, as we find in the 2nd 
 edition of Messrs. Lely and Foulkes' Judicature Acts, if you 
 plead " not guilty" in an action of Ubel, you must be taken 
 to state that you did not actually speak the words with 
 which you are charged, and such a plea is not to infer that, 
 because you choose to consider the words privileged, there- 
 fore you are not guilty of the libel alleged. I wiU now 
 endeavour to point out, as far as possible, the alterations 
 made by the pleading rules, under the recent acts and 
 rules, which are all fully set forth in Bedford's Guide to the 
 Judicature Acts. With reference to the preceding para- 
 graph, coujits are now abolished, and every pleading must 
 now contain, as concisely as possible, a statement of material 
 facts, but not the evidence by which they are to be proved, 
 divided into paragraphs num.bered consecutively, and each 
 paragraph containing, as nearly as may be, a separate alle- 
 gation of the subject-matter. But where the plaiatiffi seeks 
 relief in respect of several distinct claims or causes of com- 
 plaint, founded upon separate and distinct facts, they shall 
 be stated, as far as may be, separately and distinctly; and 
 the same rule applies where the defendant relies upon 
 several distinct grounds of defence, set-off, or counter-claim, 
 founded upon separate and distinct facts. And where any 
 defendant seeks to rely upon any facts, as supporting a right 
 of set-off or counter-claim, he shall, in his statement of 
 defence, state specifically that he does so by way of set-off 
 or counter-claim. The plaintiff may, however, unite in the 
 same action and statement of claim several causes of action, 
 subject to the judge ordering separate trials; but it must 
 be remembered that no cause or action can be joined with 
 an action for recovery of land, save an action for mesne 
 
THE LAST YEAE. 217 
 
 profits or arrear of rent in respect of the premises, or 
 damages for the breach, of any contract under which the 
 same are held, and clainis hy a trustee in bankruptcy, can- 
 not, unless by leave of a court or judge, be joined with any 
 claim by biTn in any other capacity ; and any defendant 
 allegiag that the plaintiff has xmited in the same action 
 several causes of action, which cannot be conveniently dis- 
 posed of in one action, may at any time apply to the court 
 or a judge for an order confining the action to such of the 
 causes of action as may be conveniently disposed of in the 
 same proceeding. The general issues have now no more sense 
 than the very words used in the ordinary sense would imply, 
 save in the case of "not guilty by statute," which has the 
 same effect that a plea of not guilty by statute has here- 
 tofore had, i. e. it puts in issue not only the defences peculiar 
 to the statute under which it is pleaded, but all that wotdd 
 have arisen at common law. It is, moreover, not sufficient 
 for a defendant, in the statement of defence, to deny 
 generally the facts alleged by the statement of claim, or 
 for a plaintiff, ia his reply, to deny generally the facts 
 alleged in a defence by way of counter-claim, but each 
 party must deal specifically with each allegation of fact of 
 which he does not admit the truth; and when a party, ia 
 any pleading, denies an allegation of fact in a previous 
 pleading of the opposite party, he must not do so evasively, 
 but answer the points in substance. But where a contract is 
 alleged in any pleading, a bare denial of the contract is 
 construed only as a denial in fact, and not of its legality 
 or its sufficiency in law, whether with reference to the 
 Statute of Frauds or otherwise. 
 
 Neither party need,- in any pleading, allege any matter 
 of fact which the law presumes in his favour, or as to which 
 the burden of proof lies upon the other side, unless the 
 same has first been specifically denied, e.g. consideration 
 for a biU of exchange where the plaintiff sues only on the 
 
 B. li 
 
218 THE LAST YEAE'. 
 
 bill and not for the consideration, as a substantive ground 
 of claim. 
 
 With regard to the plea of non est factum, the practice 
 will, doubtless, be substantially the same as under the old 
 practice. It mil only deny the execution of the deed, and 
 aU other defences must be specially pleaded ; and payment 
 clearly may not now, upon the construction of Order XIX., 
 rule 18, be given in evidence in reduction of damages, — it 
 must still be specially pleaded or alleged. No new assign- 
 ment is now necessary or used, but everything which for- 
 merly was necessary to be alleged by way of new assign- 
 ment is now introduced by amendment of the statement of 
 claim. No plea or defence can now be pleaded in abate- 
 ment ; and where any ground of defence arises after the 
 defendant has delivered a statement of defence, or after the 
 time limited for his so doing has expired, the defendant 
 may, and where any ground of defence to any set-off or 
 counter-claim arises after reply, or after the time limited 
 for delivering the same, the plaintiff may, within eight 
 days after such cause of defence has arisen, by leave of the 
 court or judge, deliver a further defence or further reply, 
 as the .case may be, setting forth the same, the effect of 
 which plea was formerly to waive the anterior defence, and 
 to put the action in the same state as if it had been originally 
 pleaded. Now the plaintiff may deliver a confession of 
 such defence, and sign judgment for the costs up to the 
 pleading of such defence, unless the court otherwise order. 
 
 Such is a very imperfect outline of the new pleading 
 rules, and I can only, in addition, refer the student to the 
 rules themselves, which he will find principally contained 
 in Order XIX., and the forms in the appendix to the rules, 
 which are printed at the end of any of the text-books on 
 the Judicature Acts. 
 
 As I assume that you have already attended the nisi 
 
THE LAST TEAS. 219 
 
 prius trials in your own town, it is not necessary that I 
 should here offer any observations upon the Guildhall and 
 Middlesex sittings, which differ merely in certain small 
 details of routine from the practice prevailing at the trials 
 of country causes. With the sittings in the Divisional 
 Courts, with proceedings in judges' chambers, and with 
 the practice at the masters' offices, your provincial training 
 has, however, failed to acquaint you ; and I therefore pro- 
 pose concluding this section of my subject with a few 
 remarks upon the procedure in these cases. The sittings 
 in the Divisional Courts are held during term time in each 
 of the three divisions, before two of the judges sitting to 
 hear points of law argued, and from whose decision an 
 appeal lies to the Court of Appeal, and thence, with leave, 
 to the House of Lords. The matters debated and decided 
 upon before and by the Divisional Courts may be divided 
 into two species: (1) special cases and points reserved; and 
 (2) proceedings by motion and rule.* In Smith's Action 
 at Laio you have already read a full description of a de- 
 murrer-^its nature, and the mode in which it is heard by 
 the court. This precludes me from the necessity of doing 
 anything more here than merely advising you to refresh 
 your memory with the portion of Mr. Smith's boot treating 
 upon this subject before attending any of the courts at 
 Westminster in order to hear demurrers argued and de- 
 cided upon. The procedure by motion and rule was the 
 authorized method of invoking the summary jurisdiction of 
 the courts, and was exercised at the sittings in banco. This 
 procedure may be shortly stated. When the summary 
 jurisdiction of the court was sought to be resorted to in a 
 pending matter, an affidavit was drawn up, headed with 
 the title of the cause, and setting forth the matters autho- 
 
 * By the rules of December, 1876, denmrrers are to be heard by a 
 single judge, and rules or orders to show cause are not now usually 
 granted, except in cases of motions for new trials (Editor's note). 
 
 l2 
 
220 THE LAST YEAK. 
 
 rizing the application about to be made. TMs affidavit 
 (being duly sworn) was filed in court, and a copy furnisbed 
 to tbe counsel wbo was to move in the matter. On tbe next 
 motion-day counsel accordingly appeared and moved, read- 
 ing sucb portions of tbe affidavit as be considered necessary. 
 Tbe- objects sougbt to be effected by motion were tbose 
 whicb, owing to tbeir importance, a judge at chambers bad 
 no power to order, — sucb as applications for new trials, 
 and tbe like. At tbe conclusion of counsel's argument tbe 
 senior judge present (on bebalf of bimself and tbe others) 
 either refused the application altogether or granted a rule 
 nisi. "A rule nisi is a rule calling on tbe party against 
 whom tbe application is made to show cause to the court 
 by a certain time why tbe matter applied for should not be 
 ordered to be done ; after which time, if no cause, or no 
 good cause be shown, the court will mate tbe rule abso- 
 lute."* The rule, being thus granted, was afterwards 
 drawn up by the sitting master, and served by tbe solicitor 
 of the party obtaining it upon the opposite party, who, on 
 the day named in the order, appeared by bis counsel to 
 oppose it. If tbe latter failed to convince tbe court, or 
 if no counsel appeared to oppose tbe rule at all, a rule 
 absolute was then granted. 
 
 It now remains to notice briefly the practice at tbe 
 masters' offices, and at judges' chambers respectively. 
 The matters of business transacted at tbe masters' offices 
 are as follow: (1) the issuing and renewal of writs of 
 summons and for leave to issue execution ; (2) the 
 entering of appearances ; (3) the subsequent filing of 
 affidavit of service and statement of particulars, where 
 this was necessitated by tbe non-appearance to a writ 
 unindorsed specially, but for a debt or liquidated demand ; 
 (4) the entering of judgment ; (5) the issuing of writs of 
 execution^-;/?, fa., elegit, writ of deHvery, _fi. fa. de bonis 
 
 * Watkia "Williams' Introduction to Fkading, p. 34. 
 
THE LAST TEAS. 221 
 
 ecclesiasticis, &c. ; (6) tlie taxation of costs, &e., in certain 
 cases. All tliese matters are transacted by the masters 
 and their clerks, without the intervention of the judges. 
 A couple of weeks' attendance at one of the masters' offices 
 will sufficiently familiarize you with the practice. 
 
 Certain appUeations of a discretionary character, and yet 
 not of sufficient importance to be made the subject of 
 motions in open court, are heard by the judges, and (under 
 the recent orders) by the masters, at the judges' chambers 
 at Rolls' Gardens, Chancery Lane. AH proceedings taken 
 at chambers are carried out by means of summons and order, 
 which there take the place which motion and rule occupy 
 before the court. Applications incidental to the cause, and 
 arising during its progress, are made at chambers ; and it 
 may be said generally, that whenever either party requires 
 any grace or concession, or special exemption from the, 
 operation of the strict rtdes of practice and pleadings, he 
 must have recourse to the jurisdiction at chambers. A 
 summons is first taken out (this is issued by the judge's 
 clerk) naming a time for the matter to be heard : the 
 summons being served on the opposite party, the matter is 
 heard on the day appointed by a judge, or one of the 
 masters sitting at chambers, and an order either granted 
 or refused. Whilst motions to the court must be made by 
 counsel, who have exclusive audience both at the sittings 
 in the divisional courts and at nisi prius, solicitors and 
 their clerks are heard in chambers. Indeed, it sometimes 
 happens, in small offices where only a limited stafE is 
 employed, that a copying clerk or errand boy is sent down 
 to chambers for the purpose of persuading the judge to 
 grant some very debateable and discretionary application ; 
 and (until the judges, very properly, got weary of the state 
 of things, and refused to hear lengthy arguments at cham- 
 bers) one might occasionally behold the edifying spectacle 
 of a lad of tender age refreshing his memory by reference 
 
223 THE LAST YEAK. 
 
 to a slip of paper whilst pertinaciously demanding some 
 concession from the judge, of the very nature whereof the 
 juvenile applicant was completely ignorant. I have even 
 heard (though I do not vouch for the truth of the anecdote) 
 that an office-hoy once applying to the late Mr. Baron 
 Alder son. for a "garnishee order," and meeting with glilj 
 opposition from another errand-hoy, representing the other 
 party, then and there had recourse to natural weapons, 
 the two engaging in a pugiUstie encounter of considerahle 
 duration and ferocity before the representative of her 
 Majesty, who, convulsed with laughter, was unable to 
 interfere. Although such scenes as this are now rarely, if 
 ever, witnessed, still the class of clerks sent from the 
 agency-offices to represent the interests of country clients 
 is such as renders contact with them beyond the- actual 
 precincts of chambers, as a rule, undesirable. I shoidd 
 counsel you, this notwithstandiilg, to devote a month during 
 the early part of your stay in town to attendance at cham- 
 bers, since you will there learn a great many points of 
 practice which it is impossible to gather from any book, 
 and which may be of great use to you when a full-fledged 
 " country practitioner." I suppose I need hardly tell you, 
 that if whilst thus engaged you are invited to partake of 
 refreshment at adjacent public-houses, or if the (not always 
 immaculately clean) right-hand of fellowship is otherwise 
 extended to you by the clerks whom you from time to time 
 meet at chambers professionally, it wiU be advisable to 
 decline all such proilered hospitality. 
 
 I win conclude the first part of this chapter by attempt- 
 ing to afford you some slight idea of the different proceed- 
 ings in the Chancery Division, which you will now be 
 enabled from time to time to view whilst in the town 
 agent's office ; and with all of which it is to the last degree 
 important that you should become acquainted without loss 
 
THE LAST YEAE. 220 
 
 of time. The Chancery Division of the High Court is con- 
 stituted as follows : — The Lord High Chancellor president, 
 the Master of the Rolls, and the three Vice-ChanceUors, with 
 the chambers attached to them, and Mr. Justice Fry. The 
 Vice-Chancellors and the Master of the EoUs hear and 
 determine upon all matters coming before the Court of 
 Chancery by action or petition. The business is transacted 
 by the Master of the Rolls, the Vice-Chancellors, and the 
 Justice,* themselves sitting in open court, and by those 
 judges and their chief clerks sitting in chambers : the 
 generic division of business between court and chambers 
 following pretty much the same rules as in the superior 
 courts of common law. Before the Lords Justices of Appeal 
 are heard appeals from the decisions of the Master of the 
 Rolls and the Vice-Chancellors and Justice from the Common 
 Law Divisions, and appeals from the Chief Judge in Bank- 
 ruptcy ; but no causes come before them in the first place 
 (their jurisdiction being purely appellate), and they do not 
 sit in chambers. The Lord ChanceEor also sits, as presi- 
 dent of the Chancery Division, with the Lords Justices of 
 Appeal, as an ex officio judge of the Court of Appeal. The 
 House of Lords is the supreme court of ultimate appeal, 
 and alone has jurisdiction to reverse the decisions of the 
 Court of Appeal, f 
 
 These are the different courts in which public proceedings 
 take place ; but, as in the case of the common law divisions, 
 there are also various minor but important discretionary 
 proceedings carried on in chambers, and a great mass of 
 formal matters transacted in the sis clerks' oifice in Chan- 
 cery Lane (now called the Record and Writ and the Report 
 Ofiices) by the record and writ clerks, the registrars, the 
 
 * No cause is originated before Mr. Justice Fry, but causes are 
 transferred to bim for the purpose only of trial of hearing. (Order 
 19th June, 1877.) (Editor's note.) 
 
 t The House of Lords and the Court of Appeal now constitute the 
 appellate portion of the Supreme Court (Editor's note). 
 
224 THE LAST YEAE. 
 
 examners, the taxing-masters, and the paymaster-general, 
 and their staffs of subordinates. The enormous amoxmt of 
 business daily transacted at the Record and Writ Office 
 (which in itself, amongst other things, fulfils in Chancery 
 proceedings the functions allotted to the three masters' 
 offices at common law) astounds a coiintry-bred clerk on 
 his first introduction to it. The six clerks' office — a roomy 
 edifice, which has existed almost in its present architectural 
 state for some two centuries past — ^is divided and sub- 
 divided into abnost innumerable departments, in each of 
 which some distinct portion of the great Chancery web is 
 spun from day to day. Yoiu* fibrst object should be to 
 acquire a distinct notion of what goes on in each of these 
 departments ; and (with Barber's Statement and Bedford's 
 Outline of a Suit in the Chancery Division, recently learned, 
 firmly impressed on your mind) you should accordingly, 
 for not less than two months, accompany the Chancery 
 clerk — who is almost always an intelligent man, and can 
 help you signally, if inclined to be communicative — on his 
 expeditions to and from the Eecord and "Writ Office. As 
 at this stage of your studies your evening reading wiU be 
 almost entirely given up to the portion of Ayckbourn 
 relating to Chamber practice, the attainment of this know- 
 ledge by you should be unattended by any great difficulty ; 
 indeed, by keeping your eyes open, and inquiring the why 
 and wherefore of the office Chancery clerk, wherever prac- 
 ticable, you can hardly fail before many weeks are over to 
 be tolerably well informed with respect to that routine 
 work which, on accoim.t of its great extent and variety, 
 has so (to use a homely expression) " dumbfounded" you 
 on your first iutroduction to it. Keep distinctly ia mind 
 the different functions of the different officials : 
 
 1. The Lords Justices of Appeal, who hear appeals in 
 open court. 
 
 2. The Master of the Eolls and Vice-Chancellors, who 
 
THE LAST YEAE. 225 
 
 hear original applications coming on by motion and petition 
 also in open court ; the same judges also sitting in cham- 
 bers for the purpose of disposing of various incidental 
 matters arising during tlie progress of the cause. 
 
 3. The chief clerks of the last-named judges, who sit in 
 chambers, and enter upon all matters of account, &c., re- 
 porting the conclusions they arrive at in every case to their 
 superiors, in the form of a certificate ; the judge himself, 
 ■whilst sitting at chambers, being always open to reconsider 
 the matter in the case of either party being dissatisfied with 
 the chief clerk's decision. 
 
 4. The registrars, who sit in courts to which they are 
 respectively attached, and enter the minutes of the various 
 judgments and orders pronounced from the bench; and 
 who further, in their own offices, when the judge is not 
 sitting, regularly draw up, pass and settle such judgments 
 and orders, besides entering the causes coming on for 
 hearing in different stages in their cause papers and 
 books, and performing a variety of similar administratis 
 duties. 
 
 5. The examiners, who sit at their chambers in Chan- 
 cery Lane, and take down the evidence which is afterwards 
 to be presented to the court. 
 
 6. The masters of entries, who issue copies of the different 
 proceedings filed in the report office. 
 
 7. The taxing masters, who have an extensive authority 
 ia respect of the bills of costs in the Chancery proceedings. 
 
 8. The paymaster-general, who has the exclusive manage- 
 ment of all the funds belonging to suitors deposited in the 
 Chancery Division pending proceedings ; which funds he 
 invests in government stocks, and banks in the Bank of 
 England, according to the orders of the court.* 
 
 * 35 & 36 Viot. c. 44. The Chancery Funds Act must be read 
 (Editor's note). 
 
 l5 
 
226 THE LAST TEAE. 
 
 9. The record and writ clerks, wlio issue and seal writs, 
 enter appearances, file affidavits and all other pleadings, 
 &c. ; amend the same from time to time, as directed by the 
 judge's orders; enter consents, and notes of service; make 
 out aU necessary certificates as to the state of the plead- 
 ings ; receive the fees payable (by means of stamps) in all 
 these proceedings ; and, in fine, transact nearly the whole 
 of the purely routine business of the Court of Chancery. 
 
 Having familiarized yourself with the duties performed 
 by these various judicial and administrative officers, you 
 should next become thoroughly acquainted with the dif- 
 ferent modes ia which the assistance of the courts is asked 
 by the suitors. For this purpose, you must study the dis- 
 traction which exists between petitions and motions, and 
 learn in what manner each must be presented to the court. 
 To acquire an adequate idea of these and other matters of 
 practice, it is necessary that you should constantly attend 
 the courts in Lincoln's Inn whilst sitting. You must also, 
 whilst in the agency-office, lose no opportunity of becoming 
 familiar with the forms of the different instruments — old 
 bills of complaint,* interrogatories, answers, exceptions, 
 new writs, petitions, affidavits, demurrers, pleas, special 
 cases, receivers' and trustees' accounts — used in the various 
 proceedings during the progress of a suit in equity. 
 
 It is a very good plan to get hold of the papers in a par- 
 ticular cause, arranging them in the order of their dates, 
 and going through them from beginning to end, entering 
 copitius notes of the different proceedings in your common- 
 place-book. On explaining your object to the Chancery 
 clerk, he will probably give you some papers in a matter 
 just completed, which consequently require sorting and 
 
 * It is well for the student to see the form of the old hill of com- 
 plaint, &o. (Editor's note). See next page. 
 
THE LAST TEAK. 22;7 
 
 arrapging chronologically, and are therefore very fit for 
 your purpose. Having satisfied yourself, in the first in- 
 stance, as to the nature of the action — which you may 
 readily accomplish by steadily perusing the papers— you 
 should then, having previously arranged the various docu- 
 ments, sit down with a Wank sheet of paper beside you, 
 on which to take notes of the proceedings (for subsequent 
 transfer to your equity commonplace-book), somewhat after 
 the following manner : 
 
 The Old Suit op Motion eoe. Deceee. 
 Example : Brooks v. Hassall and others. 
 
 1. BUI of complaint, filed 1st January 1867 {11. stamp), 
 praying that plaintiff might be declared entitled to the 
 residuary personal estate of John Williams, upon the con- 
 struction of his will. 
 
 N.B. — ^Mrs. Brooks being a married woman, and the 
 subject-matter of the suit being her separate estate, the bill 
 was filed in her name by Smith, as prochein amy. The 
 defendants were HassaU (Williams' executor), Johnson 
 (WiUiams' next of kin), and Mrs. Brooks' husband (the 
 latter being a "formal defendant"). 
 
 2. Copies of biU (two indorsed and one plain) served on 
 defendants, January 10th. 
 
 3. Appearance by aR defendants within the eight days 
 limited after service. (Had any of the defendants failed 
 to appear, the plaintiff might have entered an appearance 
 for them.) 
 
 4. Interrogatories for examination of defendants. Has- 
 sall and Johnson served 20th January 1867. (Within the 
 eight days limited after defendants' appearance.) 
 
 5. Defendants HassaU and Johnson file their answers 
 
228 THE LAST YEAR. 
 
 witMn tlie fourteen days limited after service of interroga- 
 tories. 
 
 6. Plaintiff files exceptions to Hassall's answer, for in- 
 sufficiency, -witMn six weeks after answer filed. 
 
 7. Exceptions set down for hearing within fourteen days 
 after exceptions filed. 
 
 8. Exceptions argued hefore judge, and allowed. 
 
 9. Motion for decree (one lunar month's notice) supported 
 by affidavit. A list of the affidavits proposed to be used by 
 the plaintiff was appended to the notice of motion. 
 
 10. Notice of motion served, entered with registrar, and 
 set down for hearing on 10th March. 
 
 11. Defendants filed their affidavits in answer to the 
 plaintiff's within fourteen days after service. 
 
 12. Motion heard on day appointed, and decree pro- 
 nounced for plaintiff, but without costs.* 
 
 It is obvious that the proceedings in different suits are 
 infinitely various. The interlocutory proceedings may be, 
 and often are, carried to great length, and are sometimes 
 very complicated, especially when there are several defen- 
 dants, each appearing, pleading or demurring by a separate 
 solicitor. The proceedings in different suits also varied in 
 their general outline (apart from incidental and interlocutory 
 matters), according as the suit was by "bill and answer," 
 "motion for decree," or "replication." I should counsel 
 you, whilst reading Ayctbourn, to have before you (if 
 practicable) a set of papers illustrative of the particular 
 class of proceedings you are reading up. The Chancery 
 clerk wiU help you in this. Besides suits commenced in the 
 
 * It is to be noted that costs (which used at common law to follow 
 the event) are in equitable suits entirely in the discretion of the judge. 
 
 The student must now remember that the Chancery practice is now 
 assimilated to the common law as much as possible, save the pro- 
 ceedings in the chief clerk's chambers (Editor's note). 
 
THE LAST YEAR. 229 
 
 regular and ordinary form of writ of summons, you must 
 also recollect that there are a vast number of applications 
 to the court made hj means of petitions and sxmmionses ; 
 these being the modes of procedure pointed out in various 
 eases by special legislative enactments. An administration- 
 summons is a very familiar instance of this class of pro- 
 ceeding, -which commences and is carried on in chambers, 
 and (except under very special circumstances) never comes 
 before tlie court in its public sittings at all. And be pre- 
 pared -with the outline of the steps for winding up a com- 
 pany : for which purpose you must read the Companies Acts 
 of 1862 and 1867. 
 
 It is a necessary consequence of the great complexity and 
 multifariousness of proceedings in the Chancery Division 
 that, whilst ordinary parts and fair application will make a 
 student in a comparatively short time acquainted with the 
 details of practice in the Common Law Division, it requires 
 a long and tedious apprenticeship to become thoroughly 
 conversant with all the practice of the Chancery Division.* 
 Thus, although for the purposes of your examination, and 
 also as a sort of mental discipHne, it is expedient that you 
 should devote the larger portion of your time, whilst under 
 assignment, to the consideration of Chancery practice, still 
 you must not be discouraged if, even when out of your 
 articles, you are yet only very partially informed on the 
 subject. Practical experience of the conduct of equity cases 
 wiU alone make you thoroughly an fait with what, after aU, 
 you will be sure to leave more or less in the hands of your 
 town-agent when once settled in country practice. At the 
 same time, this last cu-cumstance should not operate to 
 prevent your devoting your best energies to the acquisi- 
 tion of Chancery practice whilst temporarily resident in 
 London; and for this purpose, in addition to your reading, 
 
 * The chamber work is intricate and puzzling (Editor's note). 
 
230 THE LAST TEAE. 
 
 it is very necessary that you should continually frequent 
 the different courts, the "Writ and Eeeord Office, and the 
 chambers of the Vice-OhanceUors and the Master of the 
 EoUs, and carefuUy watch the different business-matters 
 there transacted.* 
 
 With these few and meagre hints I must now leave you 
 to your own devices, conscious of the sHghtness of the ser- 
 vice I am rendering you at this stage of your studies,"but 
 conscious also of the impracticability of attempting more 
 in this direction. It has been before said that the old 
 maxim, "There is no royal road to learning," applies as 
 well to law as to any other science, mixed or pure ; but if 
 there is any one department of legal knowledge which this 
 adage fits more than another, it is Chancery practice ; and 
 in acquiring a knowledge of its details, personal diligence 
 on your own part is indispensable. Without this all advice 
 is given in vain. 
 
 * The Judicature Acts, assimilating the practice so far as writs 
 of summons, statem.ent of claim, defence, reply and judgment are 
 conoemed, have done much to assist the student; and do not let him 
 forget the exclusive jurisdiotiou assigned to the Chancery Division 
 under sect. 34 of the Judicature Act of 1873 (Editor's note). 
 
( 231 ) 
 
 PART II. 
 
 Com-se of reading for the Fifth Tear — ^Ayokbourn's Chmcory Practice 
 — ^Watkitt WiUiams on Fleading — Smith and White and Tudor' s 
 Leading Cases — ^The Statute law (concluded). 
 
 It is unfortuiiately too much, a habit amongst articled 
 clerks to read but little — ^perhaps not at all — during the 
 period which intervenes between their Intermediate exa- 
 mination and their assignment to the town-agent. The 
 necessary consequence of this is, that during the last year 
 they are compelled to work harder than is good for them 
 to make up for lost time. Wearied mentally and physi- 
 cally with a long day's attendance at chambers, these force 
 themselves (impelled by a sense of the perilous nearness 
 of the Final Examination) to work far into the night, 
 reading up subjects which they ought long before to have 
 mastered. This mistaken course of proceeding often re- 
 sults in a total "breakdown" as the ordeal itself draws 
 near ; and, indeed, I am inclined to attribute at least one- 
 half of the ignominious "plucks" which every succeeding 
 term witnesses in the hall of the Incorporated Law Society 
 solely to this extreme eagerness of articled clerks, at the 
 fag-end of their pupilage, to cram ;hree days' work into 
 one. Nothing can be more fooHsh than such a course of 
 proceeding. The conscientious student has during his stay 
 in London so much to occupy his undivided attention in 
 the day-time, that heavy night-work is worse than in- 
 expedient. From nine in the morning ujitil six or seven 
 at night his mind wiU be constantly employed in observing 
 the details of town practice. There is a limit to mortal 
 endurance; and if he afterwards "wastes the midnight oil" 
 to any great extent, he may find the lamp within him grow 
 
232 THE LAST TEAR. 
 
 faint and dull and flickering. It is not given to everyone 
 to possess the mens sana in corpore sano in sucL. perfection 
 as Mr. Wliyte Melville's muscular heroes ; nor can I hring 
 myself to consider that a long day mainly spent at the 
 Writ and Eecord Office and the Vice-Chancellors' chamhers 
 is at all a fit preparation for a night devoted to Stephen, 
 Chitty, and Sugden. If, indeed, you have pursued the 
 plan I have ventured to recommend, — according to which 
 the hardest reading falls at the time -svhen hard reading is 
 easiest, that is to say, during the third and fourth years 
 under articles, — ^you -will find it quite unnecessary to resort 
 to the thousand-and-one expedients of green-tea, vet towels, 
 alcoholic stimulants, and what not, which some fifth-year 
 students are, by reason of their previous idleness, forced 
 to adopt. In a word, I should counsel you, during the 
 time you are actively engaged in the town-agent's office, 
 not to read more than three hours a night, and that only on 
 alternate evenings. If even the epicure complained of un- 
 intermittent partridges, you, as a law-student, after a day's 
 work at Chambers, may with stOl more reason exclaim 
 with Sir Henry Spelman, " Excidit mihi, fateor, animus!" 
 on viewing a pile of books awaiting your return at your 
 bachelor lodgings. 
 
 The books which I suppose you have attentively read 
 previous to your arrival in town can hardly fail to have 
 grounded you satisfactorily in the theory and practice of 
 conveyancing, and in the principles of common law and 
 equity. There remains, therefore, only the practice of the 
 coutts in London to be acquired, and, even here, the 
 ground will have been prepared by Smith and Barber. 
 Ayckbourn's Chancery Practice and WatHn "Williams on 
 Pleading''^ are the two books which I recommend you to 
 
 * I have let these two books stand because, doubtless, there mU be 
 new editions ; and, if so, I feel certain the student cannot do better 
 (Editor's note). 
 
THE LAST YEAE. 233 
 
 study during- your last year for equity and common-law 
 practice respectively. Mr. Ayckboum's treatise is a very 
 admirable one. Particularly to be commended is the 
 manner in -vrHch. the practical steps in every proceeding 
 are recapitulated (in italics) at the end of the paragraphs 
 treating of each special matter, this method being well 
 calculated to arrest the attention of the student, and fix the 
 details in his memory. It is not to be disguised from you 
 that Ayckbourn is "hard reading." Particularly at the 
 first start, before you have had time to see that Chancery 
 practice, ia all its multifarious divisions, follows fixed and 
 certain rules, applicable to all sets of circumstances, the 
 task of getting up the routine proceedings by heart may 
 appear almost hopeless. As you read on, however, the 
 difficulties wUl gradually clear away almost of themselves : 
 one chapter being mastered wiU facilitate the learning of 
 the next; and whereas the first thirty or forty pages may 
 have taken you almost as many days to read, yet as you 
 get deeper Lato the book, and observe the real uniformity 
 prevailing in all these diverse proceedings, you will find 
 yourself getting over the ground with gradually quickening 
 strides. Indeed, after mastering the preliminary proceed- 
 ings, and separating (by a careful analysis) the incidental 
 and interlocutory matters from the ordinary progess of the 
 action, Ayckbourn will scarcely be more difficult to read 
 than Barber, — less so than Smith's Action at Law, where 
 one chapter of necessity fails to prepare you for the next 
 following. Of course you must make a copious analysis as 
 you go, and equally, as a matter of course, must " post up " 
 your equity common-place book at convenient stages. If 
 you have followed my advice with reference to Chapman 
 Barber, you have already at hand a condensed statement 
 of the outlines of practice. These have now to be filled in 
 from the pages of Ayckbourn; and you will find it a great 
 help to have Mr. Barber's statement before you whilst 
 
234 'the last tear. 
 
 reading AyckTboum, for the purpose of showing at a glance 
 a skeleton outline of the proceedings, of which the latter 
 author treats in detail. Supplemented by a weekly " exam." 
 (yourself being at once examiner and sole candidate), this 
 course persevered in for six m.onth8 will be quite sufficient, 
 added to your practical mornings' work, to give you a veiy 
 fair insight into equity practice. 
 
 The only other regular treatise to which I now think it 
 necessary to direct your attention is Watkin Williams on 
 Pleading. This work is, I believe, the only one published 
 which treats in anything like an elementary form of the 
 rules regulating the pleadings in the common-law courts.^ 
 The six earlier chapters of Mr. William^s' book discuss the 
 same subjects as Smith's Action at Law, and therefore 
 need not take up much time in reading; but the middle 
 and later portions of the work treat in detail of matters 
 which Smith has only cursorily noticed, and therefore 
 deserve a very attentive perusal. The rules of pleading, 
 which you will find in Mr. Williams' Appendix, should be 
 learned almost by heart. Although in the old days of 
 special pleading a solicitor might be content to leave these 
 matters to his pleader, at the present time a knowledge of 
 this subject is essential, to every practitioner, since it is 
 no longer practicable to prop up your ignorance of pleading 
 by a continual reference to counsel. 
 
 Mr. Ayckbourn's and Mr. Williams' books will occupy 
 your evenings for eight out of the last twelve months of 
 your articles. The remaining four months may be worse 
 spent than in reading some of the eases in Mr. Smith's and 
 Messrs. White and Tudor's collections, — the former con- 
 taining the leading cases in common law, and the latter in 
 equity. As you wUl not have time, however, to thoroughly 
 
 * Mr. Steplien's and Mr. Chitty jmiior's valuable works are, 
 perhaps, more suited to the practitioner than the student. 
 
THE LAST YEAB. 
 
 235 
 
 master the -wliole of these volumes, J. here append a list of 
 those cases to which the examiners occasionally refer, and 
 which I deem amongst the most useful to you as a student. 
 Speaking personally, I always found case reading far from 
 unattractive, and it certainly must be much more easy to 
 retain a recollection of matters actually decided in accord- 
 ance with legal priaciples by the judges, at different 
 periods in the courts, than to remember details of practice 
 in which no shadow of a theory good or bad is involved. 
 I imagine that, after once reading the " Six Carpenters'," 
 or " Thellusson's " cases, for instance, the principles upon 
 which they were decided wiU remain ineffaceably fixed in 
 your mind. 
 
 List of some of the most usefui, Leading Cases to be 
 
 HEAD DTTRDTG' THE FiFTH YeAB. 
 
 Name of Case. 
 
 1. Spencer's Case 
 
 2. Calye's Case 
 
 3. Fell V. Knight 
 
 4. The Six Carpen- 
 
 ters' Case 
 
 5. Montague v. Be- 
 
 nedict 
 
 6. Benedict «. Seaton 
 
 7. Combe v. Great 
 
 Western Rail- 
 way 
 
 8. Coggs V. Bernard 
 
 9. Elwes V. Maw 
 
 10. Amory v. Dela- 
 
 mire 
 
 11. Dumpor's Case 
 
 Subject. Collection. 
 
 Covenants running Smith's Lead- 
 
 with the land 
 Innkeeper's liabil- 
 ity 
 
 )? )? 
 
 Trespassers ah ini- 
 tio 
 
 Husband's liabil- 
 ity for wife's 
 debts 
 
 ?? jj 
 
 Carriers and Bail- 
 ment 
 
 Fixtures 
 Trover 
 
 Forfeiture of leases 
 
 ing Cases.- 
 
236 THE LAST TEAR. 
 
 Name of Case. Subject. CoUeetien. 
 
 12. Mostyn v. Fabri- Torts Smith's Lead- 
 
 gas ing Cases. 
 
 13. Twyne's Case Bonds for defeat- „ 
 
 ing creditors 
 
 14. Seymayne's Case Distresses „ 
 
 15. Omichund v. Bar- Oaths (evidence) ,, 
 
 ker 
 
 16. Kincaird's Trust Wife's equity to White and Tu- 
 
 settlement dor's Lead- 
 
 17. Thellusson's Will Accumulations 
 
 18. Thynne v. Earl of Doctrine of satis- 
 
 ing Cases. 
 
 
 GlengaU 
 
 faction 
 
 19. 
 
 Bowie's Case 
 
 Waste 
 
 20. 
 
 Taltarum's Case 
 
 Entails 
 
 21. 
 
 Leventhorpe v. 
 AshMe 
 
 ?? 
 
 22. 
 
 Shelley's Case 
 
 Limitations in 
 deeds 
 
 23. 
 
 Edwards v. Slater 
 
 Powers 
 
 24. 
 
 Fletcher v. Ash- 
 
 The doctrine of 
 
 
 burner 
 
 conversion 
 
 25. 
 
 Ellison V. EUison 
 
 Voluntary con- 
 tracts 
 
 26. 
 
 Cadell V. Palmer 
 
 Perpetuities 
 
 27. 
 
 ToUett V. ToUett 
 
 Execution of 
 powers 
 
 I will conclude this chapter with a final list of the 
 statutes proper (in my judgment) to be perused by you at 
 this stage of your reading. You will observe that the 
 majority are acts regulating the procedure of the Chancery 
 Division — your latest subject of study. Although the 
 statutes of which I have from time to time given you the 
 names and titles are amongst the most important and most 
 
THE LAST YEAE. 237 
 
 frecjuently cited in the Statute-book, still you -will of course 
 understand that there are many more of very frequent 
 operation left unnoticed. I have, however, thought that 
 the prohahle effect of giving you too formidable a list at 
 the end of each chapter woidd be to make you diffident 
 during the earher portion of your novitiate of commencing 
 the study of the statute-law at all ; and I have therefore 
 chosen rather to incur the odium of having omitted many 
 acts of paramount importance, than to run the risk of 
 neglecting all mention of the study of this most essential 
 branch of the law until a time so close upon your final 
 examination as to make anything like satisfactory and solid 
 progress impossible of attainment. 
 
 1 «& 2 Wm. IV. c. 58. "Interpleader Act." 
 
 3 & 4 Will. IV. c. 27. " Statute of Limitations." 
 
 4 & 5 wm. IV. c. 22. "Apportionment Act." 
 8 Vict. c. 18. "Lands Clauses Act." 
 
 14 & 15 Vict. c. 25. " Emblements Act." 
 
 15 & 16 Vict. c. 86. " Chanceiy Jurisdiction Act." 
 
 15 & 16 Vict. c. 87. " Chancery Evidence Act, 1852." 
 
 17 & 18 Vict. c. 36. "Eegistrationof Bills of Sale Act." 
 
 20 & 21 Vict. e. 77. "Probate Act, 1857." 
 
 21 & 22 Vict. c. 27. "Equity Damages and Compensa- 
 
 tion Act." 
 23 & 24 Vict. c. 145. "Trustees and Mortgagees' Act." 
 25 & 26 Vict. c. 42. " Chancery Procedure Act, 1862." 
 
 25 & 26 Vict. c. 89. "Companies Act, 1862." 
 
 26 & 27 Vict. c. 41. "Innkeepers' Liability Act." 
 
 28 & 29 Vict. c. 86. " Partnership Amendment Act." 
 30 & 31 Vict. c. 131. " Companies Act, 1867." 
 And, lastly, the Judicature Acts. 
 
 Again, there are also many statutes, — indeed almost all 
 those mentioned in Bedford's List not hitherto enumerated, 
 — ^that might with advantage be read. 
 
238 ) 
 
 CHAPTEE VI. 
 
 THE riNAl EXAMINATION. 
 
 Practical suggestions on reading for the Examination — ^The Exa- 
 miners' standard — " Coaches; " their advantages and disadyantages 
 — Keading for honours — Eoutine of the Examination — Admission 
 — Concluding remarks. 
 
 That distinguished lawyer, the late Mr. Jarman, used to 
 tell a professional anecdote wHcli, striking me as some- 
 ■what pertinent to the subject-matter of the present chapter, 
 I venture here to repeat, although it may possibly be 
 already known to you. Two young solicitors meeting by 
 chance, the one asked the other to recommend him some- 
 thing interesting to read — some novel or other. "Take 
 Chitty," replied solicitor number two, "there isn't a book 
 in print that could prove more novel — to you." Now this 
 remark could not well be made with any degree of truth to 
 the youngest and most careless practitioner in the present 
 day. Thanks to the system of examinations which now 
 obtains, it is, as you weU know, morally impossible for any 
 man to enter the ranks of the profession without at least 
 some rudimentary knowledge of the science he is about to 
 practise; whilst in relation specially to the book named by 
 the sarcastic solicitor, the more recently introduced Inter- 
 mediate test has effectually disposed of any such reproach. 
 At the time when Mr. Jarman wrote, however, the exami- 
 nations were not yet instituted, and any person who could 
 obtain the necessary affidavit of service might become a. 
 solicitor by merely paying certain fees. An old practitioner 
 
THE riNAL EXAMINATION. 239 
 
 once told me the -way he was examined. His articles ex- 
 pired one day in tenn-time -whilst he was at the agent's ; 
 what notice was then necessary had been duly given, and he 
 was further pro-vided with a sort of certificate, or letter of 
 recommendation, signed hy two professional men. A day 
 or so before the conclusion of term he received an appoint- 
 ment to attend the following morning at the private resi- 
 dence of one of the judges, who at that time were supposed 
 to personally test the fitness of candidates for admission. 
 He accordingly went at the time appointed, and was shown 
 into an anteroom communicating by a half -open door with 
 an inner apaitment, in which his lordship was at that 
 moment engaged at breakfast. A servant carried ia his 
 card and the recommendatory letter to the judge, who 
 
 called out from the inner room, "Well, Mr. , and so 
 
 you want to be an attorney? I suppose what these gentle- 
 men say is correct, eh? "Yes, sir," replied the nervous 
 applicant for admission. "Hm," said his lordship, "it 
 seems all right" (he hadn't even seen him); "you had 
 better go to my clerk, who will tell you when you can be 
 sworn, and what fees you have to pay. Good-morning." 
 This was the examination; rather of a different character, 
 you will admit, to the elaborate inquisition that candidates 
 have now to undergo in the haU of the Law Institution. 
 
 About three months before the time appointed for the 
 examination I would strongly counsel you to repair to 
 some quiet place just out of London, where you may read 
 at yom- leisure. You should not begrudge yourself this 
 temporary retirement, bearing in mind that in all proba- 
 bility this win be the last recess of anything like equal 
 duration that you are likely ever to experience. The noise 
 and turmoil of London, the office work, and the social 
 diversions besetting one at every turn, eminently disqualify 
 the metropolis for your present purpose. If youx examina- 
 tion is to take place in Trinity or Michaelmas (that is. 
 
240 THE rnsTAL examination. 
 
 during or immediately following the summer), and circum- 
 stances render it practicable, it -would be as well to foUo-w 
 the plan so much in vogue with university reading-parties 
 during the vacation — retire to some small fishing-village, 
 like Thames Ditton, where you are not likely to be troubled 
 with much company. The actual amount of reading to be 
 gone through depends so much upon individual personal 
 characteristics in every instance, that I cannot attempt to 
 lay down any very definite rule on the subject; but, after 
 much conversation with other men, I have come to the 
 conclusion that during the three months immediately pre- 
 ceding the final examination an average daily "griad" of 
 seven hours will fit the majority of cases. I need hardly 
 say that these seven hours should not be continuous; that 
 would render you " muddleheaded " in a week, and ruin 
 everything. It would be far better to divide the day's 
 reading into two or three parts, employing the intervals 
 between each with some quiet unintellectual recreation — 
 such as fishing ; not cricket, or rowing, or billiards, which 
 take far too much "out of" you physically; nor yet chess, 
 or whist, practical botany or geology, or scientific reading 
 — aU of which tax the mind too heavily for you, who are at 
 present tolerably well occupied with mental work. Speak- 
 ing as an old student, I fancy nothing invigorates one so 
 much after two or three hours' reading fort et dur (which 
 yotir reading now ought to be) as a little mild angling.; an 
 occupation at once pleasant and not excitiug over much. 
 But as to this, perhaps, chacun A son goM; only, whatever 
 you do, refrain from reading novels or newspapers, or in 
 fact anything except law during this period. Seven hours 
 conscientiously devoted to books ought to take away all 
 inclination to further indulgence in tj'pe; besides, th6 
 study (?) of " light literature " will make Chitty and Ayok- 
 bourn very distasteful when you come back again to them, 
 as you must do. 
 
THE FINAL EXAMINATION. 241 
 
 Divide, then, your period of study by stated intervals of 
 rest, so as to have a couple of hours' -work immediately 
 after breakfast, three more before your five or six o'clock 
 dinner, and again two hours later in the evening. Each 
 of these "stages" should be devoted to a different branch 
 of learning. The first two hours might be appropriately 
 given to some new or only half -mastered book; the whole 
 of Chitty on Contracts, and Sugden on Vendors and 
 Purchasers, for instance, might be advantageously disposed 
 of in this way, your previous partial acquaintance with 
 those authors doing much to clear the ground for you. 
 Then out for a "constitutional," or an hour or two with 
 rod and line. By the time you are returned you wiU be fit 
 for the main business of the day — ^three hours' resume 
 work. With "Williams on Real and Personal Property, 
 Chitty on Contracts, Ayckbourn's Practice, Josiah Smith's 
 Manual, Watkin Williams on Pleading, and Smith's Action 
 at Law before you, go regularly through your common- 
 place-book, examining yourself and testing your accurate 
 recollection of matters already learned, referring back to 
 the authorities whenever you are at all dubious or "shaky." 
 If you have followed out the plan I originally suggested, 
 and have kept separate conamonplace-books for common 
 law, equity, and conveyancing respectively, your labours 
 will be much lightened, as you will then be enabled to go 
 through each subject in its order. This work thoroughly 
 pursued will bring you up to your prandial hour. After a 
 short interval you should proceed to your final work for 
 the day, and read ten or twelve pages of HallUay's or 
 Bedford's Examination Digest. A digest of this kind only 
 answers one special purpose — ^that of preparing you for an 
 examination : it should not, cannot, in the least obviate the 
 necessity for your resorting to other sources for a knowledge 
 of law. A. fellow student once imparted to me in confidence,, 
 a short time before his examination, that for nearly four^ 
 
 B. M 
 
242 THE PINAl EXAMINATIOIC. 
 
 months lie had read nothing hut HalUlay, getting up the 
 questions and answers (some two thousand in number) hy 
 heart. I am happy to say that this ingenious gentleman 
 was plucked ; and although he subsequently managed to 
 scrape through, his unfortunate clients (I should apprehend) 
 can have little reason to congratulate themselves on their 
 legal adviser's admission to practice. But, read strictly as 
 mere adjuncts to Williams, Chitty, Ayckboum, and the 
 rest, these digests of the examination questions are useful, 
 if only as showing what Mnd of test it is that you are 
 about to undergo. Speaking for myself, I am willing to 
 acknowledge that I derived considerable benefit from a 
 perusal of Mr. HaUilay's book; and without letting it 
 interfere with more important and legitimate reading, I 
 found that it, as it wevej/oeussed the examination subjects. 
 With this experience in its favour, it would be mere affec- 
 tation in me to seek to dissuade you from such an effective 
 supplement to your studies. Only do not persuade yoiu-- 
 self that in " getting up" these questions and answers you 
 are reading law, for such is not the ease. 
 
 It is very much the fashion just now to assert that the 
 standard at the final examinations is unreasonably high. 
 One even meets occasionally with some old-world practi- 
 tioners who indorse this popular delusion, and protest that 
 " it is perfectly idle and ridiculous to expect young men of 
 two or three and twenty to accomplish what the authorities 
 at the Hall require at these examinations. These elderly 
 gentlemen either exaggerate the ignorance of their own 
 youth — or (and this is, perhaps, as probable) forget that 
 the very stimulus of periodically-repeated prebminary and 
 intermediate examinations — a stimtilus which was wanting 
 in the days of their novitiate — conduces to render the final 
 test far less formidable than it would otherwise be. This 
 wrong impression is probably likewise contributed to in 
 some measure by the reports of those unlucky voyagers, 
 who having been themselves wrecked off the coast, are by 
 
THE FIXAL EXAiliyATIOX. 243 
 
 no means unwilling to add to its imagined dangers. When 
 A., -who is atout to tempt the fates at Trinity sittings, 
 meets B., who has been plucked at the preceding Easter 
 examination, he is too apt to credit the latter's assertions 
 as to the extreme intricacy of the examination questions, 
 and the maleTolent cunning and hard-heartedness of the 
 examiners. He -will even (such is the "corruption" of 
 "evil communications") begin to believe that those gentle- 
 men have entered into a solemn compact to exclude as 
 many men from the profession as possible ; and that when 
 they expected B., after five years' study, to have some 
 inkling of the fundamental principles of law, they were 
 demanding an unmerciful amount of knowledge at his 
 hands, and using him altogether very hardly indeed. 
 ■Experto credite : there is nothing in the final examinations 
 to frighten a man of the most ordinary applieation and 
 ability. I say, further, that when I look at the standard 
 in other examinations — ^when I see how X. is expected to 
 solve the problem of perpetual motion, square the circle, 
 and find out the beauty of Mr. Tupper's Proverbial Philo~ 
 sophy, before he can be admitted to sort letters at the Post- 
 office at a salary of forty pounds a year ; and how Y, has 
 no chance of being allowed to carry a pair of colours in a 
 marching regiment unless he understands all about Shake- 
 speare, taste, and the musical-glasses, and can turn the 
 money-market article in The Times into Greek pentameters 
 — I am astonished that the examination for attorneys is 
 not far more stringent and searching than it is. With the 
 exception of those found ia the Equity paper (which I will 
 admit are rather hard sometimes upon country-bred clerks), 
 there are seldom more than three or four questions out of 
 the seventy-five which turn upon anything beyond the 
 simplest and most obvious points of law.* If after five 
 
 * The conveyancing has been harder lately (Editor's note). 
 M 2 
 
244 THE FINAL EXAMINATION. 
 
 years of even desultory reading (to say notMng of practice) 
 you are really unable to remember tbe principal points in 
 the modes of descent of real and personal property ; or it, 
 like one man wbom I knew, you are unaware that a dis- 
 tringas is not a, method of commencing a suit in the Court 
 of Chancery;* I can only say that you have mistaken your 
 vocation, which may be philosophy, or may be coster- 
 mongering, but certainly is not law. 
 
 The truth is, that the examiners are quite as anxious to 
 admit the candidates as the candidates are to be admitted. 
 So far from going about like raging lions seeking unhappy 
 articled clerks whom they may devour, these gentlemeii, 
 I am convinced, are only too happy trhen they are able to 
 "pass" a paper ; nay more, I fiimly believe that they con- 
 stantly let in men who have not obtained the requisite 
 number of marks, sooner than send back any very large 
 proportion of applicants. How is it otherwise that so few 
 men are "ploughed" when the examinations are unusually 
 difficult ? Let me give an example : the examination- at 
 Easter term, 1867, was one of the most stringent within 
 the memory of articled clerks: a large number of the 
 questions, in the conveyancing division especially, were 
 much more recondite than those usually asked. I am very 
 far from saying, you wiU understand, that this examina- 
 tion-paper was at all more searching than it should have 
 been ; but it undeniably was much more difB.cult than any 
 of its immediate predecessors or successors. And yet ia 
 the result only one-sixth of the candidates (by no means 
 an unusual proportion) were rejected. This, I think, will 
 suffi.cientiy show that the examiaers are disposed to temper 
 justice with mercy; for it is not to be believed that five- 
 
 * This is a fact : the wretolied candidate had been reading some old 
 Chancery practice-book, and I suppose had a confused notion that the 
 distringas to compel appearance was stiU a step in the proceedings of 
 a suit, and was identical with the distringas upon stock ! 
 
THE FINAL BXAMINATIOJr. 245 
 
 sixths of tlie candidates presenting themselves on this occa- 
 sion were so far above the average as to he ahle to ohtain 
 full marks for two -thirds of the forty-five questions asked. 
 The theory at the final examinations is, that in order to 
 insure a "pass" the candidate must ohtain two-thirds 
 of the full number of marks in the three principal divi- 
 sions — Common Law, Equity, and Conveyancing. In each 
 of these subjects, as you are aware, fifteen questions are 
 set ; and as ten is the maximum number of marks obtain- 
 able for each question, it follows that to satisfy the exa- 
 miners the candidates must obtain a hundred marks in 
 each division, or 300 in all. Now, I am violating no con- 
 fidence when I state on authority, that not three candidates 
 out of five obtain 300 marks in common law, equity, and 
 conveyancing. The conclusion, therefore, is irresistible — 
 that men are allowed to pass through with somewhat less 
 than two-thirds of the full marks, if their papers generally 
 display any sufficient reason for such indulgence. 
 
 I have made these few observations, not by any means 
 for the purpose of making you underrate the examination, 
 but merely to dissipate from your mind the notion that the 
 examiners are unduly captious and difficult to please. 
 
 You will have noticed that, in speaking of your reading 
 for the examination, I have assumed you to be studying 
 throughout by yourself. Now, whilst nothing can be more 
 improving and pleasant than to go through this last course 
 of reading in company with one or more efficient fellow- 
 students, still, such assistance is not always at hand; and 
 it foUows that, unless you are so exceptionally fortunate as 
 to possess a hard-reading friend about to "go up" at the 
 same time as yourself, you will be compelled either to 
 resort to a professional "coach," or to be aU-suffieient to 
 yourself, and study alone. Upon the relative merits of 
 these two methods of reading — the "solitary cram" and 
 the "social grind," as they are termed by the irreverent — 
 
 M 3 
 
246 THE ITtfAL EXAMINATION. 
 
 opinions vary. Many persons are opposed to the ex- 
 pediency of coaching tinless the vara avis in terris, — a 
 thoroughly efficient tutor who only takes one or two pupils 
 at a time (a veritable hlack swan), — can be met with. Now 
 if a man is a really good coach he will necessarily be much 
 ■sought after, and consequently the taking one or two pupils 
 at a time when he has to get men ready for the Prelimi- 
 nary, Intermediate and Mnal Examinations in two and 
 three months respectively is not to be thought of. Coaches 
 are much abused men, and very often by their own pupils 
 after they have passed, who, but for the coach, would 
 never have occupied the position that they do; for out 
 of every ten men who read with a tutor hardly nine would 
 pass at the first attempt unless prepared ia the way they 
 are. There may be faults in the system, but these faults, 
 remember, do not rest, with the man to whom the pupil 
 in many instances owes his profession, and even his 
 actual subsistence. If men would only think how little 
 fitted they are to face the examiners when first they joia 
 the class in the tutor's room, and how delighted they are 
 when they have passed the dread ordeal and returned home 
 to be taken, perchance, into their father's office, one would 
 not hear so much of the bad system of cramming. How 
 can it be avoided so long as the solicitor, having taken the 
 fee for his articled clerk, has too much business to attend 
 to him during the four or five years that he is left under 
 his charge, and in some instances cares but little what be- 
 comes of him ? At the end of this time the youth, not blessed 
 with too many brains and having scarcely looked at law, 
 says to his father, " I can't pass the Fiaal." " What am I 
 to do ? " says the father to the next solicitor he meets. " Oh ! 
 send him to so and so," says the solicitor; "he got my son 
 through in three months, and after that I should think he 
 can do anything." And so the pupil comes to the coach 
 hardly knowing the books he has to read, and in some 
 
THE FINAIi EXAMINATION. 247 
 
 instances positively having no law books at aU; and in 
 tliiee months the coach is expected to teach what the pupU. 
 has failed or ought to have learnt in five years ! Now is it 
 possible, under these circumstances, that cramming can be 
 avoided? The fault does not, as I have already said, rest 
 with the coach. Compelled as coaches are to be well up in 
 Common Law, Conveyancing, Equity, Bankruptcy, Cri- 
 miinal Law, and Probate and Divorce, to have every Act of 
 Parliament and new decision noted up ; and some of them 
 the authors of many a useful book on all the above sub- 
 jects, they cannot be such bad lawyers. Why not, there- 
 fore, let the pupil read longer with them? It is not often 
 coaches have the chance of retaliating upon their depreca- 
 tors, but I would only say that if they were used as they 
 ought to be used, and articled clerks put under their care 
 for a longer period than they are, say, during the time that 
 is usually wasted in the agents' office, there would be a 
 great many better lawyers in the profession than there are 
 at present. 
 
 Thirty questions on bankruptcy and criminal law and 
 probate and divorce are added to the forty-five set on 
 equity, common law and conveyancing in the examination- 
 paper; and it is generally understood that every candidate 
 for " honours " is expected to obtain a certain proportion 
 of marks in each of these subjects. With regard to bank- 
 ruptcy law, you will (for a term or two yet to come) have 
 to read, with an attention that it intrinsically does not 
 deserve, the whole of the Act of 1869, together with such 
 portions of the earlier Acts (1849 and 1861) as remain uxi- 
 repealed. You should further peruse Smith's useful little 
 bankruptcy manual, which contains a good deal of in- 
 formation on the subject within a very small compass.* 
 Eobson's comprehensive treatise I hardly anticipate you 
 will have time to wade through. Without anticipating 
 
 * And finish -with Bedford's Bankmptey Guide (Editor's note). 
 
248 THE FINAl EXAJilNATION. 
 
 that tlie system in vogue in Prussia — ^wHch, dispensLag 
 with the assistance of a court of bankruptcy, makes the 
 creditors the sole arbiters of the bankrupt's future — ^will 
 ever be adopted in its integrity here, it is yet tolerably 
 certain that the new measure, whatever its details may be, 
 has proved greatly more to the advantage of creditors than 
 the Act of 1861. Indeed, the operation of the statute for 
 which Lord Westbury is responsible, has, in the opinion 
 of many mercantile men, from the facilities it affords to 
 dishonestly-disposed debtors, greatly intensified, if it did 
 not originally conduce to, the commercial depression from 
 which this country had then been recently suffering. 
 But, however this may be, it is necessary for you, as a 
 lawyer, to "bow to the powers that be," and, as a student, 
 to make yourself acquainted with the practice now govern- 
 ing this important branch of your profession. 
 
 I regret that I cannot name any short elementary work 
 on criminal law suitable for reading for the Final Examina- 
 tion. Eussell on Crimes -is generally admitted to be the 
 most complete treatise upon this subject, but it hardly 
 fulfils the condition of a " small elementary work; " and 
 although Mr. Davis has written a masterly epitome of the 
 Consolidation Acts of 1861, stUl, an elementary treatise on 
 criminal law for the use of students is, in my opinion, a 
 desideratum. In the absence of any manual specially 
 treating of the outlines of criminal law, I would refer you 
 to the fourth book ( On Public Wrongs) of Stephen's edition 
 of BlacTcstone' s Commentaries, which will supply you with 
 everything that you can require to know as to the principles 
 governing the English criminal law; whilst, with regard 
 to practice, I must advise you to read very carefully Mr. 
 Davis' edition of the Criminal Law Consolidation Acts of 
 1861, 24 & 25 Yict. cc. 94, 100.* The same year which 
 
 * Now that Mr. Anderson's Student's Criiide is out of print, 
 Mr. Harris's work on Criminal Law ■will be found of great use for 
 purposes of self-examination (Editor's note). 
 
THE PINAIi EXAMINATION. 249 
 
 gave birth, to tlie ill-omened Bankruptcy Act witnessed a 
 step in the right direction ia the j)assing of these statutes, 
 which goes far to supply, as to this special suhject, one of 
 the wants of the age — a digest or code of law. The Aets 
 in question repealed the greater number of orinunal 
 statutes then ia force ; but since the year wherein they were 
 passed, several alterations have been effected by the 
 Criminal Evidence Act (28 & 29 Vict. c. 18), which in 
 a great degree assimilated the law of evidence in crimiaal 
 cases to that already established in the civU courts, and the 
 Criminal Law Amendment Act, 1867 (30 & 31 Vict. c. 35), 
 both of which important statutes you should also attentively 
 read. As it now stands, the criminal law of this country 
 may, both for the substantial justice it aifords and the 
 certainty of its application to iadividual cases, challenge 
 competition with that of any existing nation ; and as there 
 is little probability of any great further changes beiag 
 effected in this branch of jurisprudence for a year or two 
 to come — the game-laws possibly excepted — the reading ne- 
 cessitated by your impending Pinal Examiaation will not 
 (as is in some degree the case in "getting up" the at 
 present subsisting bankruptcy law) be time wasted, but, 
 on the contrary — and this whether you intend to practise 
 criminal law or not — be most serviceable to you as a 
 practitioner. 
 
 These remarks exhausting all that I think it necessary 
 to say on the subject of reading for the Final Examina- 
 tion, I will now attempt to give you some idea as to the 
 kind of ordeal that awaits you within the walls of the Law 
 Institution. 
 
 On the first day of the examination, you will attend at 
 the Carey Street entrance of the Law Institution a few 
 minutes before ten o'clock, and after depositing your hat 
 with the porter, pass into the room where the examination 
 
250 THE PINAl EXAMINATION. 
 
 is to take place ; an attendant at the entrance giving you 
 a ticket bearing tte number of your seat, wHch. you will 
 have no difficulty in finding. The haU wherein the exa- 
 minations take place is a large, weU-proportioned apart- 
 ment, .somewhat recently erected. Between a hundred 
 and a hundred and twenty small narrow tables and forms 
 are placed at regular intervals, and each of these tables is 
 for the accommodation of one man, the candidates being 
 arranged, by means of numbers, in alphabetical order. 
 At the top of the room is a dais, or raised platform, with 
 chairs and desks for the exairdners. The average number 
 of candidates at the Final Examinations is a little over a 
 hundred ; but that number is sometimes exceeded. A few 
 minutes after the clock in front of the gallery has pointed 
 to the hour of ten the examiners mount the platform. 
 There are six of these gentlemen — one for each subject ; 
 and the presiding examiner is ordinarily a master of one 
 of the superior courts, the other five being practisiug soli- 
 citors and members of the Council. On these occasions 
 the chairman invariably delivers a short inaugural address 
 to the assembled students, in the course of which he gene- 
 rally draws their attention to the rules of the examination, 
 particularly that one which relates to the penalty awaiting 
 a candidate who copies from another man's paper. This 
 harangue being concluded, an attendant proceeds to dis- 
 tribute the question-papers; and you will certainly be 
 remarkably self-possessed if you can manage to await 
 their advent with anything like complacency. At this 
 moment a sort of retrospective vision of wasted hours and 
 evenings devoted to anjrthing rather than reading arise 
 before your mind's eye, and you probably find yourself , 
 making aU sorts of impossible resolutions (to be broken as 
 soon as entered into) for your future guidance. By this 
 time your paper has reached you, and after a hasty glance 
 down the closely-printed sheet, you will forthwith set to 
 
THE FINAL EXAMINATION. 251 
 
 ■n'ort. In order to guard against ready-written answers 
 being brougM into the hall, every sheet of paper used 
 for the answers is ruled in two divisions in red ink, and 
 numbered ; and at the top of each sheet is a printed re- 
 conunendation to the effect that each of the candidate's 
 answers should be confined within the allotted space of 
 half a page. As a general rule, I should advise you 
 to accept this limit : nearly every question asked by the 
 examiners can be completely replied to in eight or ten 
 lines at most ; and anything beyond that would there- 
 fore be superfluous. There are occasionally, however, 
 instances where your answer, to be thorough, must 
 necessarily exceed half a page; and in such a case I should 
 counsel you to step up to the platform, and draw the exa- 
 miner's attention to the fact, when he will probably direct 
 you to "write down all you know about it." This neces- 
 sity can only arise where the question is framed somewhat 
 loosely, so as to demand more than one paragraph by way 
 of answer. At my own examination there was such a 
 question in the criminal division: " Give an account of the 
 different criminal courts, their constitution and jurisdic- 
 tion." Now to write anything like a satisfactory risumk 
 in answer to this, it was necessary to enter somewhat fully 
 into the constitution and jurisdiction of nine distinct tri- 
 bunals, beginning with the House of Lords and ending 
 with the police-magistrates' courts ; and this of course 
 occupied a good deal of space. If such a question happens, 
 to be asked you, I shoxild advise that you answer it at 
 •length, notwithstanding the examiner's recommendation ; 
 writing at the end of your answer a note to the effect that 
 the question put could not be fully disposed of within the 
 prescribed limits. This course cannot prejudice you ; but 
 another more objectionable method of lengthening the 
 answers is very likely to do so : I allude to superfluous 
 and irrelevant matter, introduced in order to hide ignorance 
 
252 THE FIK-AL EXAMINATION. 
 
 of the special point asted. This is a very vicious practice, 
 and one looked upon by the examiners with much dis- 
 favour. Exempli gratid: — Suppose you were asked, "What 
 was the form of conveyance of freeholds of inheritance to 
 prevent the attachment of the purchaser's wife's dower 
 before 3 & 4 Will. IV. c. 105 ? Is it now ever necessary, 
 and in what cases?" The direct answer to this would of 
 course be, that "the old form of conveyance in bar of 
 dower was to give the purchaser, in the first place, a 
 general power of appointment by deed during his Uf e, and 
 in default of such appointment to the purchaser for life, 
 with remainder to a trustee and his heirs for the life of 
 the purchaser, with an ultimate remainder to the heirs of 
 the purchaser ; by which means, as the purchaser had no 
 estate of inheritance during his life, his widow was barred 
 of her dower ; but this form is now only necessary in the 
 case of women married before 1st January, 1834, as, with 
 regard to women married since that date, dower can 
 be barred by a simple declaration inserted in the deed.". 
 Now, supposing you knew the principles governing the 
 whole law of dower, but were unaware of the form which 
 the limitations took, it would be better to write simply 
 that "the law of dower was altered in the year 1833 ; and 
 as to women married since that date a mere declaration in 
 the conveyance will bar dower," than to inform the exa- 
 miners (as some men under the circumstances would do) 
 in addition, that "dower anciently attached to all the lands 
 of which the husband was solely seised, was paramount to 
 the husband's alienation, and independent of his debts, and 
 could only be released by means of a fine sur cognizance" 
 &c. Now, the examiners did not ask what the old law of- 
 dower was; they simply iaquired as to the present and 
 ancient methods of barring that right; and whereas an 
 incomplete answer to the question, such as the former of 
 the two I have supposed you to make, would probably 
 
THE PINAIi EXAMINATION. 253 
 
 gain half-marks, the almost certain consequence of your 
 thus "showing ojff" your knowledge of that which you 
 were not asked about, would be that you would get no 
 marks at all. I have mentioned this bad habit thus at 
 length, because I know that it is continually practised, and 
 as constantly tells unfavourably in the examinations. It 
 is very easy to avoid falling into a mistake of this kind: 
 only bear in mind that you are required to give a direct 
 answer to a direct question, and to insert nothing in your 
 answer that you are not questioned upon, and you wiU 
 spare the examiners a considerable expenditure of time, 
 and yourself a possible " pluck." 
 
 I need hardly caution you against using " cribs," copy- 
 ing from another man's paper, or allowing anyone to copy 
 from yours. I say nothing here as to the morality of the 
 matter, but would only draw your attention to the fact 
 that detection is imminent — almost inevitable — in such 
 cases. It frequently occurs in the course of the examina- 
 tion that a man is found out in some unfair act of this 
 description. There is no scene ; the other candidates are 
 not interrupted : only an attendant quietly steps up to the 
 culprit and desires him, in the name of the secretary, to 
 withdraw immediately ; and he has no option but to com- 
 pljTj — and be "plucked." The seats are so arranged as to 
 allow of every movement of the candidates being watched 
 by the lynx-eyed porters and attendants, who never faU to 
 report to the secretary any infraction of the rules which 
 they have observed almost as soon as it is committed. I 
 have heard indeed of men who are in the habit of bring- 
 ing "time-tables "-and other ingenious "cribs" into the 
 room in their pockets ; reading the questions through, and 
 then, feigning temporary indisposition, retiring to some 
 secret place to refresh their memories by a hasty perusal 
 of their hidden treasure. You may depend upon it that 
 such a ruse as this can scarcely ever be successful; the 
 
 B N 
 
254 THE FOTAL EXAMINATION. 
 
 examiners will be almost certain to detect the source of 
 the candidate's inspiration from the very wording of his 
 answer, which will, unless very cunningly manipulated, 
 " smeU. of the lamp," as the actors say. But I will not 
 insult you by assuming that you have any intention of 
 resorting to such devices as these, and therefore wiU say 
 nothing further on this subject. 
 
 Candidates are sometimes directed by the examiners 
 to "give the authority" for their answer. Now if the 
 " authority" referred to is a statute generally known to 
 the profession, you ought to be in no perplexity as to 
 quoting its title ; for although at first it may seem very 
 difficult to remember the distinctive numbers or capita of 
 so many acts, yet this mechanical feat is in reality simple 
 enough after a time. But if the authority referred to 
 happens to be a case, and you are not certain whether you 
 know what particular case is referred to, it would be 
 better to leave that part of the question unanswered than 
 to risk a mistake which may prejudice you in the eyes of 
 the examiner. Imagine, for instance, a candidate being 
 asked for a leading case on the subject, say, of separate 
 estate, and citing Garth v. Cotton, or Omichund v. Barker ! 
 The worst that the examiner can think of you, if you 
 refrain from citing any authority, is that you are ignorant 
 of that particular case ; but by quoting an inapplicable 
 case, you show yourself doubly at fault. Of course, how- 
 ever, you will not faU to give your authority if you are 
 quite certain upon the point ; nothing " tells" so well with 
 the examiners as a fair acquaintance with case-law. 
 
 It may chance that, after attentively reading through 
 some particular question two or three times, you fail to 
 understand the examiner's meaning. Now, although three 
 times out of four any doubts on this head are caused by the 
 candidate's ignorance of the subject-matter of the question, 
 still, it does sometimes, although rarely, occur that a ques- 
 
THE PINAIi EXAMINATION-. 255 
 
 tion is framed so unskilfully, or is conveyed in sueli ia- 
 volved language, as to render its apprehension really a 
 matter of diiSoulty. In such a case you should resort to 
 the secretary, -who sits near the examiner's desk for the 
 express purpose of solving doubts of this kind. If, as 
 sometimes happens, there really appears to be any mistake 
 in the form or matter of the question, he will at once confer 
 with the examiner who set it, who will announce to all the 
 candidates that there is an error in the language of such- 
 and-such a question, at the same time intimating how it 
 ought to be read. If, however, the difficulty arises, as it 
 generally does, merely from the applicant's ignorance of 
 the poiut upon which the question turns, he is not likely 
 to gaitt much at the secretary's hands. 
 
 The time allowed for answering the paper on each day 
 is from ten to one and from two to five o'clock — that is, 
 six hours. On the first day, when only thirty questions 
 altogether are set, this time is ample for the purpose; and 
 you will be able to read through your answers seriatim 
 before giving them up, and to rewrite any one or more 
 sheets which may be carelessly or illegibly written, or 
 much blotted and interKned. The second day, however, 
 forty-five questions are set; and if you intend essaying 
 every one of these, and are slow with your pen, there will 
 not be a great deal of time to spare. I should therefore 
 advise you to complete aU your answers before rewriting 
 any of them. If, after finishing the entire paper, you find 
 that there is still time to re-copy any unpresentable sheets 
 amongst your manuscript, you may proceed to do so. 
 
 In writing out the second day's paper, you should make 
 quite sure of your answers in the conveyancing division 
 before turning to the questions upon criminal law, bank- 
 ruptcy, and probate and divorce. Your great object is to 
 pass; a high place in the honours list is a mere secondary 
 consideration. Now the examiners will never reject you if 
 
 N 2 
 
266 THE FINAL EXAMINATION. 
 
 your answers in the three principal divisions are satisfac- 
 tory; and it would be far better to risk the being unable to 
 finish the second day's paper, than to hurry over the earlier 
 portion — ^that, namely, devoted to equity — and perhaps 
 conunit serious mistates in that subject. When you can 
 find nothing to add to your equity answers, it is time 
 enough to turn to the supplemental portion of the exami- 
 nation paper. 
 
 You should not fail to obey the printed directions, and 
 sign your name legibly at the foot of every sheet of 
 answers. You had better delay tying together and de- 
 livering up your papers until you are quite certain that 
 you have done all that you can do with them. Having 
 once given them up to the secretary, you will not be 
 allowed to reclaim liiem^ 
 
 I do not know ihai, I have anything further to add to the 
 advice contained in a previous chapter* as to the manner 
 of answering the examiner's questions. If you possess — 
 as you ought to do — the requisite amount of legal know- 
 ledge, nothing but physical nervousness, or an extremely 
 malapropos set of questions, can cause your rejection; 
 whilst, on the other hand, if you are so ignorant as to be 
 unable to satisfy the examiners as to your fitness to prac- 
 tise the profession you have yourself chosen, you will only 
 have your own indolence or incapacity to blame for the 
 unfortunate result. 
 
 The examination over, you will have to wait, with what 
 patience you may, for five or six days before hearing the 
 result. At the end of that period you will receive either a 
 notice that you have passed, and that the examiner's 
 certificate awaits you at the Institution, or a lithographed 
 letter, politely informing you that the examiners have 
 thought fit to "postpone," for the present, your admission 
 
 * Chapter III. (the Intermediate Examination). 
 
OONOIUSION. 257 
 
 to practice. Immediately on hearing of the sucoesefnl 
 issue of your examination, you Bhould provide yourself 
 witk the necessary funds (about 33/.) for the various 
 stamps and fees, and then proceed to take the necessary 
 steps for your admission, which the common law clerk at 
 your agent's office will no doubt do for you. 
 
 My task is now ended. It does not come within my 
 province to accompany you further than the threshold of 
 your professional Ufe; nor can I boast any daim, derived 
 either from experience or success, whereby I might pre- 
 simie to constitute myself your Mentor in the long years of 
 honourable industry which now lie before you. In that 
 which I have written, I am conscious that there are many 
 errors, both of omission and commission; but I can at 
 least ask you to believe that my intentions have been 
 sincere, however much my unaccustomed feet may have 
 chanced to falter on the way. Above all, I would here 
 repeat what I took occasion to say on our first introduction 
 to each other — ^that these humble pages are in nowise 
 meant to supersede the labours of wiser and abler men; 
 that my "Practical Handybook" is merely an attempt 
 to guide, in some slight degree, your first steps upon 
 the path which leads by imperceptible stages towards a 
 knowledge of the law. Whether that attempt has, or 
 has not, deserved a meed of success is not for me to decide. 
 In taking leave of you, newly-admitted to the exercise 
 of your vocation, I would, however, venture to urge, as a 
 fellow-learner, the necessity for continued assiduity now 
 that your probationary period of study has become a thing 
 of the past. In a science which has for ages occupied the 
 highest intellects of the nation — ^in a profession rendered 
 for ever illustriouB by the splendid talents of a Coke, a 
 
258 CONCLUSION. 
 
 Bacon, a Blackstone, a St. Leonards, a Butler, a Eomilly, 
 and a Brougham — the time never comes when the lahourer 
 can rest his hand upon the plough-share, saying, "My work 
 is accomplished to the uttermost, and I may rest." Upon 
 us — each according to his means — as the friends and 
 sustaiaers of order and civilization, rests the burden of the 
 day; and from the Lord Chancellor on his judgment-seat 
 down to the humblest solicitor of us aJl, there is work 
 Ijdng to pur hands which we can fulfil only by unceasing 
 industry in the pursuit of knowledge. Even in oux own 
 lower walk of the profession, there have been many men 
 whose labours have notably conduced to the advantage of 
 the community; and although it is given to few to possess 
 the high abilities which have made the names of Turner 
 and of Eoscoe in modem times redound to the honour of 
 our common calling, stiU, the least among us can by his 
 conduct contribute something towards the ever-growing 
 repute of the honourable profession whereof we are 
 members. But I must reeoUect that, the task which was 
 originally my excuse for addressing you being accomplished, 
 my longer lingering may be deemed intrusive. Here, then, 
 I stay; and that I may worthily take my leave in words 
 deserving and rewarding remembrance, I would repeat, in 
 the words of one of the greatest of English writers, Sir 
 James Mackintosh, " There is not, in the whole compass 
 of human affairs, so noble a spectacle as that which is dis- 
 played in the progress of jurisprudence; wherein we may 
 contemplate the cautious and unwearied exertions of a 
 succession of wise men through a long course of ages, 
 withdrawing every case, as it arises, from the dangerous 
 power of discretion, and subjecting it to itiflexible rules; 
 extending the dominion of justice and reason, and gradually 
 contracting, within the narrowest possible limits, the do- 
 main of brute force and arbitrary will." 
 
APPENDIX. 
 
 LIST OF STANDAED BOOKS ON SPECIAI SUBJECTS, SITITABLE 
 FOB BEADING FOB HONOIJBS. 
 
 1. Criminal Law and Magisterial Proceedings. 
 *Eussell on Ciimes and Misdemeanors. 
 *Davi8' Oriminal ConsoKdation Statutes. 
 *Eoscoe's Criminal Evidenee. 
 
 Shelford on HiglLways. 
 
 Oke's Game and Fishery Laws. 
 
 2. Ecclesiastical Law, 8fc. 
 Piideaux on Churcliwardens. 
 *Bum's Ecclesiastical Law. 
 Slielford on Tithes. 
 Halifax's Elements of the Roman Civil Law. 
 
 3. International Law. 
 Kent's Commentaries on the Law of America, vol. i. 
 Leone Levi's International Commercial Law. 
 Marten's Compendium of the Law of Nations. 
 
 4. Banhruptcy. 
 Smith's Manual of Bankruptcy. 
 *Eolison's Practice of Bankruptcy. 
 
 5. Constitutional Law. 
 Eeeves' History of English Law. 
 Hallam's Constitutional History of England. 
 De Lohne on the English Constitution. 
 Hallam's Middle Ages, chap. viii. 
 
 6. Probate and Divorce. 
 *Coote's Prohate Practice. 
 *Pritchard on Divorce. 
 
 * Questions are more generally asked from the text of the volumes 
 marked with an asterisk. 
 
LONDON : 
 
 PEINTED BY C. P. EOWOETH, BBEAm's BUILDDirQS, 
 
 CKANCEBT LANB. 
 
CATALOGUE 
 
 OF 
 PTJBLISHED BY 
 
 MESSRS. BUTTEEWORTH, 
 
 Sato 35oo60eIUtsi anD ^uiblt^jberd 
 
 TO THE QTJEEN'S MOST EXCELLENT MAJESTY, 
 
 AJST} Tb 
 
 H.R.H. THE PRINCE OF WALES. 
 
 " Now far the Laws ofEngUvnd {if I shall speak my opinion of them tuithout 
 "partiality either to my profession or country), for the matter and nature of 
 " them, I hold them, wise, Just and moderate laws: they give .to God, they give to 
 ^' Casar, they give to the subject what appertaineth. It is t^nte they are as mixt 
 " as our language, compounded of British, Saxon, Danish, Norman customs. 
 " And surely as our language is thereby so much the richei', so our laws are Uke^ 
 ** wise by that mixture the more complete," — Lokd Bacon. 
 
 LONDON : 
 
 7, PLEET STREET;. E.G. 
 
 1881. 
 
INDEX TO CATALOGUE. 
 
 Fage 
 Aoooiints. 
 
 Pulling 36 
 
 Action, Common Law. 
 
 Boyle 13 
 
 Admiralty Practice, 
 
 Coote 19 
 
 Advowsons. 
 
 Mirehouse 37 
 
 Agricultural Holdings 
 Act. 
 Bund 10 
 
 Alabama Case. 
 
 O'Dowd 36 
 
 Aliens. 
 
 Cutler 19 
 
 Ancient Land Settle- 
 ment. 
 Bund 38 
 
 AppealSjHouse of Lords 
 Denison & Scott ... 6 
 
 Arbitration. 
 
 Bedman 20 
 
 Articled Clerks' Hand- 
 book. 
 Mosely 18 
 
 Attachment. 
 
 Brandon 27 
 
 Average, Greneral. 
 
 Crump 6 
 
 Awards. 
 
 Redman 20 
 
 Bankruptcy. 
 
 Bulley &Buna ... 29 
 Ijaklater 37 
 
 Banks and Banking. 
 
 Grant 12 
 
 Barbados. Lawsof ... 37 
 
 Bar Education. 
 
 Smith 27 
 
 Bar Examination 
 Journal 34 
 
 Bills of Sale. 
 
 Hunt 10 
 
 Blockade. 
 
 Beane 37 
 
 Bonds, Probate. 
 
 Ghadmck 8 
 
 Bookkeeping, Solici- 
 tors'. 
 Coombs 28 
 
 Boundaries. 
 
 Hunt 33 
 
 Burgesses' Manual. 
 Gaclies 38 
 
 Carriers, Inland. 
 
 Powell 10 
 
 Chamber Practice. 
 
 Parkinson 38 
 
 Chart of Landed Pro- 
 perty. 
 
 Feame 38 
 
 Church Building Acts. 
 
 Trower 29 
 
 Church Seats. 
 
 Heales 28 
 
 Circumstantial Evi- 
 dence. 
 
 Wills 27 
 
 Civil Service of Lidia. 
 
 Cutler 34 
 
 Claims and Defences. 
 
 Drewry ... ... 7 
 
 Commentaries. 
 
 Blackstone's ... 5 
 
 Stephen's 5 
 
 Commentaries on Liter- 
 national Law. 
 
 PldlUmore 14 
 
 Common Law Action. 
 
 Boyle 13 
 
 Common Law Practice. 
 Lush 36 
 
 Companies, Banking. 
 
 Giaat 12 
 
 Companies, Joint-Stock 
 
 Shelford 7 
 
 Companies, EaUway. 
 
 Shelford 12 
 
 CompensationforLand. 
 Ingram 24 
 
 Consistory Court, Lon- 
 don. 
 Bules and Eegnla- 
 
 tions 36 
 
 Conspiracy. 
 
 Wright 35 
 
 Constitutional History. 
 
 Fulton 17 
 
 Contentions Probate 
 Practice. 
 
 Tristram 11 
 
 Contraband of War. 
 
 Moseley 27 
 
 Twiss 35 
 
 Contracts. 
 
 Plumptre 23 
 
 Contributories. 
 
 Collier 33 
 
 Conveyancing. 
 
 Barry 23 
 
 Ctabb 19 
 
 Lewis 14 
 
 Bouse 18 
 
 Conveyancing Drafts- 
 man. 
 
 KeUy 20 
 
 Convictions, Summary. 
 
 Paley 5 
 
 Co-operative SooietieSi 
 
 Brabrook 28 
 
 Copyhold Enfranchise- 
 ment. 
 
 Bouse 28 
 
 Corporations. 
 
 Grant 33 
 
 Costs. 
 
 Gray 36 
 
 County Court Practice. 
 
 Davis 8 
 
 Criminal Consolida- 
 dation Acts. 
 
 Davis 25 
 
 Curates. 
 
 Field 37 
 
 Customs Laws. 
 
 Hamel 7 
 
 Debtors Estates. 
 
 Pye 11 
 
 Defences and Claims. 
 
 Drewry 7 
 
 Dictionary, Law. 
 
 Mozley & Whiteley 9 
 Divorce. 
 
 Browning 34 
 
 Domestic Servants. 
 Baylis 26 
 
INDEX TO CATALOGUE. 
 
 Page 
 Draftsman, Convey- 
 ajioing. 
 KeUy 20 
 
 Drainage Acts. 
 
 ■Woolryoh 22 
 
 Drainage of Land. 
 
 Wilson 88 
 
 EcclesiaBtical Law. 39 
 Employers andWork- 
 men. 
 
 Davis 6 
 
 England, Laws of. 
 
 Stephen 5 
 
 English Appeals. 
 
 Denison & Scott ... 6 
 
 English Law. 
 
 Francillon 38 
 
 Naamith 16 
 
 Equity, 
 
 Drewry 27 
 
 Hunter 38 
 
 EobertB 7 
 
 Trower 9 
 
 Equity, Claims and 
 Defences. 
 
 3>rewiy 7 
 
 Equity in relation to 
 Law. 
 
 Chute 8 
 
 Evidence, 
 
 PoweU 6 
 
 Wills .■ ... 27 
 
 Examination Guide. 
 
 Bedford 13 
 
 Fences. 
 
 Hunt 33 
 
 Fishery Laws. 
 
 Bund ■ ... 29 
 
 Oke 32 
 
 Foreshores. 
 
 Hunt 33 
 
 O'Dowd 36 
 
 Form of the Law. 
 
 Holland 35 
 
 Frauds. 
 
 Hunt 10 
 
 Game Laws. 
 
 Oke 30 
 
 Gas & Water Supply. 
 
 Michael & Will ... 22 
 General Average. 
 
 Crump 6 
 
 Guarantees. 
 
 DeColyar 9 
 
 Hand Book for Articled 
 Clerks. 
 
 Mosely 18 
 
 House of Lords, Ap- 
 peals. 
 Denison & Scott ..-. G 
 
 House of Lords Cases. 
 Clark 17 
 
 Income Tax Laws. 
 
 DoweU ' 25 
 
 Indian Law. 
 
 Cutler & Griffin ... 18 
 
 Industrial Societies. 
 Brabrook ^8 
 
 Inns of Court. 
 
 Pearce «7 
 
 Institutes of English 
 Law. 
 Nasmith 16 
 
 Insurance, Marine. 
 
 Crump 6 
 
 International Law. 
 
 Hamel 36 
 
 Phillimoro 14 
 
 Irish Appeals. 
 
 Denison & Scott ... 6 
 
 Joint Stock Companies. 
 Shelford 7 
 
 Judicature Acts. 
 
 Baxter 11 
 
 Bedford 13 
 
 Labour Laws. 
 
 Davis 6 
 
 Landlord and Tenant. 
 Fawoett 10 
 
 Law Dictionary. 
 
 Mozley & Whiteley . 9 
 
 Law Examination 
 Journal. . . 32, 40 
 
 Leading Cases, Eeal 
 Property. 
 Tudor 
 
 Leading Statutes. 
 Bedford 
 
 Legacy Duties. 
 
 Shelford ... 
 
 . 31 
 
 13 
 
 Page 
 
 Libel. 
 
 Polkaid 10 
 
 Licensing Laws. 
 Oke 
 
 Locus Standi Heports. 
 Clifford & Blckards 21 
 Clifford & Stephens. 21 
 
 Lord Lyndhurst. 
 
 Gibson 37 
 
 Lunacy. 
 
 Phillips 34 
 
 Magisterial Formulist. 
 Oke- 31 
 
 Magisterial Synopsis. 
 Oke 30 
 
 Marine Insurance. 
 
 Crump 6 
 
 Masters and Servants. 
 Bayhs 26 
 
 Masters and Workmen. 
 
 Davis 6 
 
 Lovesy 35 
 
 Mayor's Court. 
 
 Brandon 27 
 
 Mercantile Accounts. 
 Pulling 36 
 
 Mines and Minerals. 
 Bainbridge 16 
 
 Mortgages. 
 
 Ksher 12 
 
 Municipal 
 tion. 
 Davis 
 
 Naturalization. 
 Cutler 
 
 Naval Prize Law. 
 Lushington... 
 
 Negligence. 
 Saunders 
 
 Par]_ 
 
 :ay 
 
 Parliamentary 
 tration. 
 Davis 
 
 Partition Act. 
 
 Lawrence .. 
 
 Eegistra- 
 
 27 
 
 21 
 
INDEX TO CATALOGUE. 
 
 Partnership. 
 IDixon 
 Pothier 
 
 Patents. 
 Higgins 
 Norman 
 
 Pews. 
 
 Heales 
 
 ... 22 
 ... 37 
 
 ... 28 
 
 Pleading. 
 
 Chitty 36 
 
 Williams 37 
 
 Preliminary Exami- 
 nation Journal ... 34 
 
 Principal and Surety. 
 DeColyax 9 
 
 Prize Law, Naval. 
 
 Lushington 27 
 
 Probate and Divorce. 
 Bedford 13 
 
 Probate Bonds. 
 
 Chadwick 8 
 
 Probate Duties. 
 
 Shelf ord 26 
 
 Probate Practice. 
 
 Coote n 
 
 Tristram 11 
 
 Railway Carriers. 
 
 Powell 10 
 
 Railways. 
 
 SheUord ... 
 
 Real Property. 
 Tudor 
 
 12 
 
 Referees' Practice. 
 
 Clifford & Eickards 21 
 Clifford & Stephens 21 
 
 Registration. 
 
 Davis 22 
 
 Roman Law. 
 
 Gaius 27 
 
 Ortolan 20 
 
 Tomkins 26 
 
 Tomkins & Jencken 11 
 
 Salmon Fisheries. 
 
 Bund 29 
 
 Savings Banks. 
 
 Forhes 24 
 
 Scotch Appeals. 
 
 Denison & Scott ... 6 
 
 Sewers. 
 
 Woolrych 22 
 
 Sheriff. 
 
 Sewell 38 
 
 Short Hand. 
 
 Qiimey 38 
 
 Slander. 
 
 Polkard 11 
 
 Solicitors' Bookkeeping 
 Coomhs 28 
 
 Stamp Laws & Duties. 
 Dowell 13 
 
 Statutes, Leading. 
 
 Bedford 13 
 
 Stock Exchange. 
 
 Keyser 36 
 
 Succession Duties. 
 
 Shelford 26 
 
 Summary Convictions. 
 Paley..' 5 
 
 Summary Jurisdiction 
 Act. 
 Saunders 31 
 
 Surety and Principal. 
 
 De Colyar 9 
 
 Tariffs. 
 
 Hertslet 24 
 
 Torts. 
 
 Underhill 15 
 
 Town Councillors' 
 Manual. 
 
 Caches 38 
 
 Trade Marks. 
 
 Adams 16 
 
 Treaties. 
 
 Hertslet ... 24,40 
 
 Trusts and Trustees. 
 Underhill 15 
 
 Turnpikes. 
 
 Oke 32 
 
 Vendors & Purchasers. 
 Seaborne 26 
 
 Water and Gras Supply. 
 
 Michael & Will ... 22 
 "Wills. 
 
 Wigram 29 
 
 Winding-up. 
 
 Collier 33 
 
 Window Lights. 
 
 Latham 21 
 
 Wrongs. 
 
 Underhill 15 
 
( 5 ) 
 
 Sato mmlu pxUb^th &g l;mrs. itttt^rto0rt^. 
 
 STEPHEN'S NEW COMMENTARIES.-Sth Edit. 
 
 Me. SEEJEANT STEPHEN'S NEW COMMEN- 
 TAEIES ON THE LAWS OF ENGLAND, partly founded 
 on Blackstone. By James Stephen, Esq., LL.D., Judge of 
 County Courts. The Eighth Edition. Prepared for the press 
 by Henhy St. James STEPHEif , of the Middle Temple, Barrister- 
 at-Law. 4 vols. 8yo, 4Z. 4s. cloth, 1880 
 
 %• The Work selected for the Intermediate Examinations for Solicitors. 
 
 From the "Law Times J* 
 
 " Dr. James Stephen has just brought 
 out the eighth edition of Mr. Serjeant 
 Stephen's Commentaries on the Laws 
 •of Enghmd (founded on Blackstone). 
 This edition deserves more attention 
 than previous editions, for the reason 
 tha.t it has been revised ■with a view to 
 givii^ full effect to the alterations in 
 our law and practice inti-oduced by the 
 Judicature Acts, and with the design, of 
 giving a more scientific classification of 
 crimes, so as to bring the last book into 
 harmony withi the general structure 
 of the proposed Criminal Code. Br. 
 Stephen has been assisted in his work by 
 his son, Mr. Henry St. James Stephen. 
 Prom our examination of the work 
 {fa(dlitated by the adoption of the 
 American plan of cutting the leaves in 
 the binding) , we believe it will be found 
 to be one of the most valuable text 
 books which we possess, not only as to 
 the general law, but as to the new sys- 
 tem which has grown up under the 
 Judicature Acts." 
 
 From the "Law Journal." 
 "It is quite unnecessary for us to 
 reiterate the praises we have, on many 
 former occasions, bestowed upon th^ 
 excellent work. A new edition has 
 been rendered necessary, both by reason 
 of the last edition havii^ been ex- 
 hausted, and of the recent changes in 
 the law effected by the operation of the 
 Judicature Acts ; and Dr. Stephen has 
 not shirked the labotir required. The 
 last edition was published in the year 
 1874 ; and, although the changes then 
 intended to be introduced by the Ju-. 
 dicature Act of 1873 were embodied in 
 it, yet the subsequent Judicature Acts 
 and new rules of procedure, supple- 
 mented by judicial decisions upon tiiem, 
 have made Dr. Stephen's taak of re- 
 vision no light one." 
 
 From the " Articled Clerks JoumaV* 
 "We feel bound to state that the 
 edition (Eighth) before us is certain to 
 maintain, with greater credit if possible, 
 the position of its predecessors, which 
 is that of the Student's best text-book 
 on the General Laws of England." 
 
 PALEY'S STTMMABY CONVICTIONS.— 6tli Edition. 
 
 THE LAW and PEAOTICE OE SUMMARY CON- 
 VICTIONS under the SUMMAEY JUEISDICTION ACTS, 
 1848 and 1879, including proceedings preliminary and subse- 
 quent to Convictions, and the responsibility of Convicting 
 Magistrates and their Officers : with Eorms. Sixth Edition. 
 By Walter H. Macnamaba, Esq., of the Inner Temple, Ear- 
 rister-at-Law. In 1 vol. 8vo. 24s. cloth. 1879 
 
LAW WORKS PUBLISHED BY 
 
 POWELL ON EVIDENCE. By CUTLER & GKIFFIN. 
 ^Fourth. Edition. 
 POWELL'S PEIN0IPLE8 and PEACTICE of the 
 LAW of EYIDENOB. Eourtli Edition. By J. Outlbb, B.A., 
 Professor of English Law and Jurisprudence, and Professor of 
 Indian Jurisprudence at King's College, London, and E. P. 
 Gbiffin, B.A., Barristers-at-Law. PostSvo. 18s. cloth. 1875 
 
 " There is hardly any branch of the changes have heen effected of recent 
 
 law of greater interest and importance, years. We are, therefore, all the more 
 
 not only to the profession, but to the mclined to welcome the appearance of 
 
 pnblicatlarge, than the law of evidence. the Fourth Edition of tms valuable 
 
 On this branch of the law, moreover, work." — Law Examination Journal, 
 all well as on many others, important 
 
 DENISON AND SCOTT'S HOUSE OF LORDS APPEAL 
 PRACTICE. 
 
 APPEALS TO THE HOUSE OP LOEDS: Procedure 
 and Practice relative to English, Scotch and Irish Appeals; with 
 the Appellate Jurisdiction Act, 1876; the Standing Orders of 
 the House ; Directions to Agents ; Porms, and Tables of Costs. 
 Edited, with Notes, Eeferences and a full Index, forming a 
 conrplete Book of Practice under the New Appellate System. 
 By Chas. Maesh Denison and Ohas. Hendeesok Scott, of the 
 MiddleTemple, Esqs.,Barristers-at-Law. 8vo. 16s. cloth. 1879 
 
 ** The most important portion of the the construction of the ultimate Court 
 
 work, viz., that concerning the Proce- of Appeal, there are no two opinions as 
 
 dure and Practice on Appeal to the to the position which it holds in the 
 
 House of Lords, contains information confidence of the profession and the 
 
 of the most important kind to those public. A learned introduction gives a 
 
 gentlemen who have business of this brief but sufficient historical sketch of 
 
 nature ; it is well and ably compiled, the jmrisdiction of the House of Lords, 
 
 and the practitioner wiU find no iliffi- This is followed by a practical treatise, 
 
 culty in following the various steps which is a complete and well-written 
 
 indicated, guide to the procedure by which an 
 
 " The whole book is well and caxef uUy Appeal is begun, continued, and ended, 
 
 prepared, and is unusually readable in including an Important chapter on 
 
 its style." — Justice of tlie Peace, Costs. Iji an Appendix are given the 
 
 " This is a small illume upon a sub- Act of 1876, the portions of the Supreme 
 
 ject of the greatest practical interest at Court of Judicature (Ireland) Act, 1877, 
 
 the present time, for, notwithstanding and the Scotch Statutes, Forms, and 
 
 the changes whidi have been made in Bills of Costs." — Law Titnes. 
 
 DAVIS'S LABOUR LAWS OF 1875. 
 
 THE LABOUE LAWS OP 1875, with Introduction 
 and Notes. By J. E. Davis, Esq., Barrister-at-Law, and late 
 Police Magistrate for Sheffield. 8vo. 12s. cloth. 1875 
 
 CRUMP'S PRINCIPLES OF MARINE INSURANCE 
 
 THE PEIN0IPLE8 OF THE LAW EELATING TO 
 
 MAEINE INSDEANCB AND GENEBAL AVEEAGE in 
 England and America, with occasional references to Prench and 
 German Law. By P. Octavitjs Chump, of the Middle Temple, 
 Esq., Barrister-at-Law. In 1 vol. royal 8vo. 21s. cloth. 1875 
 
MESSES. BUTTEKWORTH, 7, FLEET STREET, E.G. 7 
 
 HAMEL'S CUSTOMS LAWS. 
 
 THE LAWS OP THE CUSTOMS, 1876, consoMated 
 by direction of tlie Lords Oomimssioners of her Majesty's 
 Treasury. With, practical Notes and Eeferences throughout; 
 an Appendix containing Tarious Statutory Provisions incidental 
 to the Customs ; the Customs Tariff Act, 1876, and a Copious 
 Lidex. By Felix John TTamel, Esq., Solicitor for her 
 Majesty's Customs. Post 8vo. 6s. cloth ; demy 8vo. 8s. 6d. 1876 
 
 SHELFORD'S JOINT STOCK COMPANIES.— 
 Second Edition by PITCAIRN and LATHAM. 
 
 SHELEOED'S LAW of JOINT STOCK COMPAJSTIES, 
 containing a Digest of the Case Law on that subject; the Com- 
 
 ganies Acts, 1862, 1867, and other Acts relating to Joint Stock 
 ompanies ; the Orders made under those Acts to regulate Pro- 
 ceedmgs in the Court of Chancery and County Courts; and Notes 
 of all Cases interpreting the above Acts and Orders. Second 
 Edition, much enlarged, and bringing the Statutes and Cases 
 do-wn to the date of publication. By Dated PiTCAnOT, M.A,, 
 Fellow of Magdalen College, Oxford, and of Liacobi's Inn, 
 Barrister-at-Law, and FRAifcis Law Latham, B.A., Oxon, of 
 the Inner Temple, Barrister-at-Law, Author of "A Treatise on 
 the Law of Window Lights." 8vo. 21s. cloth. 1870 
 
 DREWRY'S FORMS OF CLAIMS AND DEFENCES. 
 
 FOEMS OF CLAIMS AND DEFENCES IN CASES 
 intended for the CBLANOEEY DIVISION OF THE HIGH 
 COURT OF JUSTICE. With Notes, containing an Outline of 
 the Law relating to each of the subjects treated of, and an 
 Appendix of Forms of Endorsement on the Writ of Summons. 
 By C. Stewart Deewey, of the Inner Temple, Esq., Barrister- 
 at-Law, Author of a Treatise on Injunctions, and of Eeports of 
 Cases inEquity, temp. Kindersley, V.-C, and other works. Post 
 8yo. 9s. cloth. 1876 
 
 " Mr. Drewry's plan of taMng the day, who, however experienced in the 
 facts for the forms from reported cases niceties of the past system, cannot but 
 and adapting them to the new rules of need the aid of a work thus compiled, 
 pleading, seems the best that can be and, trusting to its guidance, benefit m 
 adopted The forms we have looked at time and labour saved; while to the 
 seem to be fairly conect."— Solicitors' younger members of the profession es- 
 Jowmal. pecialLy we cordially recommend the 
 
 " The'equity draftsmen of the present work."— JnsA Law Times. 
 
 ROBERTS' PRINCIPLES OF EatTITY.— Third Edition. 
 THE PRINCIPLES OF EQUITY as administered in 
 the SUPREME COUET OF JUDICATUEE and other Courts 
 of Equitable Jurisdiction. By Thomas Aechibald Egberts, 
 of the Middle Temple, Esq., Barrister-at-Law. Third Edition. 
 8vo. 18s. cloth. 1877 
 
LAW WOEKS PUBLISHED BY 
 
 DAVIS'S C0T7NTY COtTRTS PRACTICE & EVIDENCE. 
 
 —Fifth Edition. 
 
 THE PEACTICE AND EVIDENCE IN ACTIONS 
 IN THE COUNTT COURTS. By James Ed-ward Davis,. of 
 the Middle Temple, Esq., Bamster-at-La-w. Fifth Edition. 8vo. 
 38s. cloth; 43s. calf. 1874 
 
 DAVIS'S COUNTY COURT RULES AND ACTS OF 1875 
 and 1876. 
 
 THE COUNTY COURT EULES, 1875 and 1876, 
 ■with Forms and Scales of Costs and Fees; together mth the 
 County Courts Act, 1875, and other recent Statutes affecting the 
 Jurisdiction of the Comity Courts. Forming a SUPPLEMENT 
 to the Fifth Edition of the COUNTY COUET PEACTICE and 
 EVIDENCE, but entirely complete in itself. By James Ed-waed 
 Davis, of the Middle Temple, Esq., Barrister-at-Law. In 1 vol. 
 8vo. 168. cloth. 1876 
 
 DAVIS'S EftUITY AND BANKRUPTCY IN THE 
 COUNTY COURTS. 
 
 THE JimiSDICTION & PEACTICE of the COUNTY 
 COURTS in Equity (including Friendly Societies), Admiralty, 
 Probate of Wills, Administration, and in Bankruptcy. By J. E. 
 Davis, of the Middle Temple, Esq., Barrister-at-Law. 1 vol. 8vo. 
 18s. cloth ; 22s. calf. 1872 
 
 CHADWICK'S PROBATE COURT MANUAL. 
 Corrected to 1876. 
 
 EXAMPLES of ADMINISTEATION BONDS for the 
 COURT of PROBATE ; exhibiting the principle of various Grants 
 of A dmini stration, and the correct mode of preparing the Bonds in 
 respect thereof ; also Directions for preparing the Oaths; arranged 
 for practical utility. With Extracts from Statutes ; also various 
 Forms of Affirmation prescribed by Acts of Parliament, and a Sup- 
 plemental Notice, bringing the work down to 1876. By Samuel 
 CHADWiCK,of her Majesty's Court of Probate. Roy. 8vo. 12s. cloth. 
 
 CHUTE'S EftUITY IN RELATION TO COMMON LAW. 
 
 EQUITY UNDEE THE JUDICATUEE ACT, or the 
 Relation of Equity to Common Law. By Chaloner William: 
 Chute, Barrister-at-Law; Fellow of Magdalen College, Oxford; 
 Post 8vo. 9s. cloth. 1874 
 
MESSKS. BUTTERWORTH, 7, FLEET STREJLT, E.G. 9 
 
 MOZIiEY AND "WHITELEY'S CONCISE LAW 
 DICTIONARY. 
 
 A CONCISE LAW DICTIONARY, containing Short 
 and Simple Definitions of tlie Terms used in tlie Law. By 
 Herbert New^mai^ Mozley, M.A., Pellow of King's College, 
 Cambridge, and of Lincoln's Inn, Esq., and George Crispe 
 WhiteIiET, ma. , Cantab, of the Middle Temple, Esq. , Barristers- 
 at-Law. In 1 vol. 8vo. 20s. cloth ; 25s. brown calf . 1876 
 
 "This book is a great deal more " This book contains a large mass of 
 
 modest in its views than the law die- information more or less nsefiil. A 
 tionazy we reviewed a little while ago. considerable amomit both of labour and 
 Its main object is to explain bri^y learning has evidently bee'n expended 
 legal terms, both ancient and modem. uponit,andtothe general publicitmay 
 In many cases, however, the authors be recommended as a reliable and nse- 
 have added a concise statement' of the f ul guide. Law students desirous of 
 law. But, as the work is intended both crammii^ will also find it acceptable." 
 for lawyers and the i>ublic at lai^e, it — L<m> Times. 
 
 does not prof^s to give more than sua. *'It should contain everything of 
 
 outlineofthedoctrinesreferredtotmder value to be foimd in the other larger 
 the several headings. Having regard to works, and it shoidd be useful not 
 this design, we fh^T\Jr the work is well mCTely to the legal profession, but also 
 and careEully edited. It is exceedingly to the general public. Now, the work 
 complete, not only givii^ terse explana- of Messrs. Mozley and Whiteley appears 
 tionsof legal phrases, but also notices of to fulfil those very conditions; and, 
 leading cases and short biographies of while it assists the lawyer, will be no 
 legal luminaries. We may add that a less useful to his dient. On the whole, 
 Teiy convenient table of reports is given, we repeat that the work is a praise- 
 showing the abbreviations, the date and worthy pef ormance which deserves a 
 the court, and that the book is very well place in the libraries both of the legal 
 printed." — Solicitor^ Journal. profession and of the general public." — 
 
 Irish Law Times. 
 
 DE COLYAB'S LAW OF GUARANTEES. 
 
 A TEEATISE ON THE LAW OF GUAEANTEES 
 and of PEINOIPAL and SUEETY. By Henby A. De Oolyab, 
 of the Middle Temple, Barrister-at-La-w. 8vo. 14s. cloth.. 1874 
 
 " Mr. Colyar's work contains internal " The whole work displays great care 
 evidencethatheisgimteathomewitlibls in its production; it is dear in its state- 
 subject. TTis book has the ^eat merit of ments of the law, and the result of the 
 thoroughness. Hence its present value, many authorities collected is , stated 
 and hence we venture to predict will be with an intelligent appreciation of the 
 its endiiring reputation." — Law Times. subject in hand." — Justice of (Ae Peace. 
 
 TBOWER'S PBE VALENCE OF EaXJITY. 
 
 A MANUAL OE THE PEEVALENCE OE EQUITY, 
 under Section 25 of the Judicature Act, 1873, amended by the 
 Judicature Act, 1875. By Chaeles Feah^cis Tkoweb, Esq., 
 M.A., of the Inner Temple, Barrister-at-Law, late Eello-w of 
 Exeter College, and Vinerian Law Scholar, Oxford, Author of 
 " The Law of Debtor and Creditor," "The Law of the Building 
 of Churches and Divisions of Parishes," &c. 8vo. 5s. cloth. 1876 
 
 " The amount of information con- whole it appears to be accmute. The 
 tained in a compressed form within ite work has been carefully revised, and is 
 pages is very considerable, and on the well and clearly printed." — Law^Times. 
 
10 LAW WOEKS PUBLISHED BY 
 
 FAWCETT'S LAW OF LANDLORD AND TENANT. 
 
 A COMPENDIUM OP THE LAW OE LAJSTDLOED 
 
 AND TENANT. By WrLiiAM Mitchell 'Fxwcett, Esq., of 
 Lincoln's Lan, Barrister-at-Law. 1 vol. 8vo. 14s. cloth. 1871 
 
 "This new compendium of thelawon tions, and uses language as unteohnioal 
 
 a "wide and complicated subject, upon as the subject admits," — Law Journal, 
 ■which information is constantly re- "Mr. Tawoett takes advantage of this 
 
 quired by a vast number of persons, is characteristic of modem law to impart 
 
 sure to be in request. It never wanders to his compendium a degree of autheii' 
 
 from the point, and bein^ intended not ticU^ which greatly enhances its value as 
 
 f ot students of the law, but for lessors a convenient medium of reference, for 
 
 and lessees, and their immediate ad- he has stated the law in the very words 
 
 visers, wisely avoids historical disqulsi- of the authorities.'* — Law Magazine. 
 
 HUNT'S LAW OF FRAUDS AND BILLS OF SALE. 
 THE LAW relating to EEAUDULENT CONYET- 
 ANOES Tinder the Sta,tutes of Elizaheth and the Banirupt Acts; 
 ■with Eemarks on the Law relating to Bills of Sale. By Aethur 
 Joseph Hunt, of the Liner Temple, Esq., Barrister-at-Law, 
 Author of "A Treatise on the La-w relating ■&) Boundaries, Eences 
 and Foreshores." Post 8vo. 93. cloth. 1872 
 
 " Mr. Hunt has brought to bear upon subjects of the work." — Law Magazine. 
 the subject a clearness of statement, " Mr. Hunt's book is as readable as 
 
 an orderliness of arrangement and a a treatise on so technical a subject can 
 subtlety of logical acuteness wliich well be made. Mr. Hunt's arrange- 
 caxry him far towards a complete sys- ment of his materials follows an orderly 
 tematization of all the cases. Neither and intelligible plan. The index is 
 has his industry been lacking ; the cases apparently caref iflly prepared, and the 
 that have arisen under ' The Bank- table of cases shows that none of the 
 ruptcy Act, 1869,' and under the Bills recentcases have been overlooked. Mr. 
 of Sale Act, have been carefully and Hunt has produced a really useful book 
 completely noted up and disposed by unencumbered by useless matter, which 
 him in their appropriate places. The deserves great success as a manual of 
 index also is both accurate and careful, the la,w of fraudulent dispositions of 
 and secures much facility of reference property." — Law Journal. 
 to the various matters which are the 
 
 BUND'S AGRICULTURAL HOLDINGS ACT, 1875. 
 
 The LAW of COMPENSATION for UNEXHAUSTED 
 AGEIOULTUEAL IMPEOVEMENTS, as amended by the 
 Agricultural Holdings (England) Act, 1875. By J. W. Willis 
 Bund, M.A., of Lincoln's Inn, Barrister-at-Law, Author of 
 "The Law relating to Salmon Fisheries in England and Wales," 
 &o. 12mo. 63. cloth. 1876 
 
 POWELL'S LAW OF INLAND CARRIERS.— 
 Second Edition. 
 
 THE LAW OP INLAND CAEEIEES, 
 
 especially as regulated by the Eailway and Canal Traffic Act, 
 1854. By Edmund Powell, Esq., of Lincoln College, Oxon, 
 M.A., and of the Western Circuit, Barrister-at-Law, Author of 
 "Principles and Practice of the Law of E-vddence." Second 
 Edition, almost re-written. 8vo. 14s. cloth. 
 
MESSRS. BUTTEEWORTH, 7, FLEET STREET, E.G. 11 
 
 FOLKARD ON SLANDER & LIBEL.— Fourtli Edition. 
 THE LAW OF SLANDEE AND LIBEL (founded 
 upon Startle's Treatise), including the Pleading and Evidence, 
 Civil and Criminal, adapted to the present Procedure; also 
 MALICIOUS PROSECUTIONS and CONTEMPTS of COUET. 
 By H. 0. PoLKAKD, Barrister-at-Law. In 1 thick vol. roy. 8vo. 
 4os. cloth. 1876 
 
 PYE ON CLAIMS TO DEBTORS' ESTATES. 
 
 NOTES ON THE CONELIOTING- OLAEMS TO THE 
 PEOPEETT OF A DBBTOE. By Henet John Pye, of the 
 Inner Temple, Esq., Barrister-at-Law. Jusi published, post 
 8vo. 3s. 6d. cloth. ^ 1880 
 
 COOTE'S PROBATE PRACTICE.— Eighth Edition. 
 
 THE COMMON FOEM PEAOTIOE OF THE HIGH 
 COUET of JUSTICE in granting Probates and Administrations. 
 By Henet Charles Ooote, P.S.A., late Proctor in Doctors' 
 Commons, Author of ' ' The Practice of the Ecclesiastical Courts," 
 &c. &c. 8th Edit. In 1 vol. 8vo., 26s. cloth; 36s. calf. 1878 
 
 %* The Forms as printed in this work are in strict accordance with tJie Orders of Court 
 and Decisions of the Eight Hon. Sir James Hannenj and are those which are in use 
 in the Principal Registry of the Probate Divisional- Court. 
 " The above is another name for what new and useful forms ; and the author 
 is commonly known to the profession as has not only attempted, but has la the 
 Coote's Probate Practice, a work about main succeeded, in adopting the forms 
 as indispensable in a solicitor's office as and directions imder the old Probate 
 any book of practice that is known to practice, as embodied in previous edi- 
 us. The seventh edition is chiefly dis- tions of the work, to the new procedure 
 tin^nishable from the sixth edition in under the Judicature Acts. Sohcitors 
 this, that certain important modifica- know that the difficulties in the way of 
 tions and alterations are effected which satisfying the different clerks at Somer- 
 have been rendered necessary by the set House are frequently great, and 
 Judicature Acts. Judicial decisions there is nothing so likely to tend to 
 subsequent to the lasteditiou have been simplicity of practice as Mr. Coote's 
 carefully noted up. We notice several book." — Law Times. 
 
 TRISTRAM'S CONTENTIOUS PROBATE PRACTICE. 
 
 THE CONTENTIOUS PEAOTIOE OF THE HIGH 
 COUET OP JUSTICE, in respect of Grants of Probates and 
 Administrations, -with the Practice as to Motions and Summonses 
 in Non-contentious Business. By Thomas Hutchinson- Tris- 
 tram, D.C.L., Advocate of Doctors' Commons, of the Inner 
 Temple, Chancellor of the Diocese of London. Demy 8vo. 21s. 
 cloth. ' ^ 1881 
 
 TOMKINS & JENCKEN'S MODERN ROMAN LAW. 
 
 COMPENDIUM OF. THE MODEEN EOMAN LAW. 
 Pounded upon the Treatises of Puchta, Von Vangerow, Arndts, 
 Franz Mohler, and the Corpus Juris Civilis. By Frederick J. 
 ToMKiNS, Esq., M.A., D.O.L., Author of the " Institutes of 
 EomanLav," translator of "Gains," &c., and Henry Diedrich 
 Jencken, Esq., Barristers-at-Law, of Lincoln's Inn. 8vo. 
 14s. cloth. 1870 
 
12 LAW WORKS PUBLISHED BY 
 
 SHELFOED'S BAILWAYS.— Fourth Edition, \>y Glen. 
 SHELFOED'S LAW OF EAILWAYS, containing the 
 whole of the Statute Law for the Eegulation of Eailways in 
 •England, Sootland and Ireland. With Copious Notes of Decided 
 Cases upon the Statutes, Introduction to the Law of Eailways, 
 and Appendix of Official Documents. Fourth Edition, by 
 W. Cunningham Glen, Barrister-at-Law, Author of the "Law 
 of Highways," "Law of Public Health and Local Govern- 
 ment," &c. 2 vols, royal 8vo. 63s. cloth; 75s. caH. 1869 
 
 " Tke work must take its unquestionable merits. But we may nevertheless be 
 
 position as the leading Manual of the permitted to observe that w?iat has 
 
 Jiailway Law of Great Britain" — Law hitherto deen considered as ' the best work 
 
 Magazine, on the sulfject* (Shelf ord), Jlas been im^ 
 
 ^* At any rate we inag venture to pre- Tneasurably improvedby the application of 
 
 diet that Mr. Cunningham Glen^s edi- Mr. Glen's diligence and learning. . . . 
 
 tion of Shelford on Hallways will be the Sufficient, however, has been done to 
 
 standard work of our day in that depart- show that it is in every respect worthy 
 
 ment of law." — Law Journal. of the reputation which the work haa 
 
 "Par be it from us to under value Mr. always enjoyed." — Justice of the Peace, 
 Shelford's labours, or to disparage his 
 
 GBANT'S BANKERS AND BANKING COMPANIES. 
 Fourth Edition. By C. C. M. FLUMPTBE. 
 
 GEANT'S TEEATISE ON THE LAW EELATESTG 
 TO BANKEES AND BANKING COMPANIES. Fourth 
 Edition. By C. C. M, Pltjmptee, of the Middle Temple, Esq., 
 Barrister-at-Law. In the Press. 
 
 " Eight years sufficed to exhaust the the sterling merits which have ac- 
 
 second edition of this valuable and quired for it the high position which it 
 
 standard work, we need only now holds in standard legal literature. Mr. 
 
 notice the improvements which have Fisher has annotated all the recent 
 
 been made. "We have once more looked cases." — Law Times, 
 through the work, and recognize in it 
 
 FISHER'S LAW OF MORTGAGE— Third Edition. 
 
 The LAW of MOETGAG-E and OTHEE SECUEITIES 
 UPON PEOPEETY. By William Eichard Eishee, of 
 Lincoln's Inn, Esq., Barrister-at-Law. ' 2 toIs. roy. 8vo. 60s. 
 cloth; 72s. calf. 1876 
 
 " This ■work has built up for itself, in prove most useful reading for the stu- 
 
 the experienced opinion of the profes- dent, both as a storehouse of informa- 
 
 sion, a very high reputation for careful- tion and as intellectual exerdse." — 
 
 ness, accuracy and lucidity. Thisrepu- Law Magazine. 
 
 tation is fully maintained in the present " "We have received the third edition 
 
 edition. The law of securities upon of the Law of Mortg-age, by "William 
 
 property is confessedly intricate, and, Eichard Fisher, Bamstaoat-Iiaw, and 
 
 probably, as the author justly observes, we are veiy glad to find that vast im- 
 
 embraces a greater variety of learning provements have been made in the plan 
 
 than any other single branch of the of the work, which is due to the ineor- 
 
 English law. At the same time, an poratdon therein of what Mr. Ksher 
 
 accurate knowledge of it is essential to^ designed and executed for the abortive 
 
 every practising barrister, and of daily Digest Commission. In its present 
 
 requirement amongst solicitors. To aU f oim, embracing as it does all tie sta- 
 
 such we caii confidently recommend Mr. tute and caselaw to the present time, tiie 
 
 Fisher's work, which will, moreover, workisoneofgreatvalue." — LawTvmes. 
 
MESSRS. BUTTEEWOKTH, 7, FLEET STREET, E.G. 13 
 
 BOYIiE'S PRECIS OP AN ACTION AT COMMON LAW. 
 PEECIS of an ACTION at COMMON LAW, showing 
 at a Glance the Procedure under the Judicature Acts and Rules 
 in an Action in the Queen's Bench, Common Pleas and Ex- 
 chequer Divisions of the High Court of Justice. By Hebbebt 
 E. BoYiiE, Sohoitor. Jtist published, in 8vo., 6s. cloth. 1881 
 
 " In this littile manual, Mr. Boyle has certainly need a guide of this deserip- 
 
 succeeded in exhibitrog a sucdnot and Hon, and Mr. Boyle has well supplied 
 
 ludd outline of all the ordinary pro- that need. Indeed, we do not remember 
 
 ceedings in actions governed by the having ever before seen the English 
 
 practice, under the English Judicature procedure so well explained within so 
 
 Acts and Orders, of what used to be brief a compass." — Irish Law Times. 
 
 called the common law courts. Taking " A student who is ignoraJit of pro- 
 
 the various steps of that procedure in cedure, and desires to prepare for his 
 
 their natural order, he summarises the Einal Examination, will do well to pror 
 
 orders of court relating to each, arrang- cure Mr. Boyle's work, and to use it, 
 
 ing them under distinct headings, and not in substitution for but as auxiliary 
 
 referring to authorities upon their con- to, the study of the Rules of the Supreme 
 
 struction and application. Students Court.'' — Law Examination J omiidl. 
 preparing for the Final Examination 
 
 DOWELL'S STAMP DUTIES AND STAMP LAWS. 
 
 A HISTOEY and EXPLANATION of the STAMP 
 DUTIES, containing Remarks on the Origin of Stamp Duties, a 
 History of the Duties in this Country from their commencement 
 to the present time. Observations on the past and the present 
 State of the Stamp Laws, an Explanation of the System and the 
 Administration of the Tax, Observations on the Stamp Duties in 
 Poreign Countries and the Stamp Laws at present in force in the 
 United Kingdom ; with Notes, Appendices and a copious Index. 
 By Stephen Dowell, M.A., of Lincoln's Inn, Assistant Solicitor 
 of Inland Revenue. 8vo. 12s. Qd. cloth. 1873 
 
 BEDFORD'S FINAL EXAMINATION GUIDE TO 
 PROBATE AND DIVORCE.— Snd Edition. 
 THE PINAL EXAMINATION GUIDE to the LAW 
 of PROBATE and DIVORCE : containing a Digest of Pinal 
 Examination Questions with the Answers. By E. H. Bedfobd, 
 Sohcitor,Temple, Author of the ' ' Pinal Examination Guide to the 
 Practice of the Supreme Court of Judicature." In the Press. 
 
 BEDFORD'S FINAL EXAMINATION GUIDE. 
 
 THE FINAL EXAMINATION GUIDE TO THE 
 PRACTICE of the SUPREME COURT of JUDIOATUIIE, 
 containing a Digest of the Pinal Examination Questions, with 
 many New Ones, with the Answers, under the Supreme Court of 
 Judicature Act. By Edward Henslowe Bedford, Sohcitor, 
 Temple. In 1 vol. 8vo. 7s. 6d. cloth. 1875 
 
 By the same Author, on a Sheet, Is. 
 A TABLE of the LEADING STATUTES for the 
 INTERMEDIATE and PINAL EXAMINATIONS in Law, 
 Equity and Conveyancing. 
 
14 LAW WORKS PUBLISHED BY 
 
 LEWIS'S INTRODTJCTIOW TO CONVEYANCING. 
 PEINCIPLES OF CONYEYANCING EXPLAINED 
 
 and ILLUSTEATED by CONCISE PEECEDENTS. With an 
 Appendix on the Effect of the Transfer of Land Act in Modifying 
 and Shortening Conveyances. By Hitbeiit Lewis, BA., late 
 Scholar of Emmanuel College, Cambridge, of the Middle Temple, 
 Barrister-at-Law. 8yo. 18s. cloth. 1863 
 
 " By the diligent and painstaking' aid to the law student. He has con- 
 student who has duly mastered the law densed the Practice of Conveyancing' 
 of property, this work will undoubtedly into a shape that will f adhtate its re- 
 be hailed as a very comprehensive ex- tention on the memory, and his Pro- 
 ponent of the Pnnciples of Convey- cedents are usefully arranged as a series 
 ancing," — Leguleiatit or Articled Clerks* of progressive lessons, which may be 
 Magazine. either used as illustrations or exercises." 
 
 "Mr.Lewishascontributedavaluable Law Times. 
 
 I>HILLI3X[0IIE'S INTERNATIONAL LAW,— 3rd edit. 
 
 Vol. I. Svo. 24*. cloth, 
 
 COMMENTARIES ON INTEENATIONAL LAW. 
 
 By the Eight Hon. Sir Eobebt Phillimorb, E!nt., P.C, Judge 
 in the Probate, Matrimonial, Divorce and Admiralty Diyision of 
 the High Court of Justice. 1879 
 
 •»* Vol. II., second edition (1871), price 28s,/ Vol, III., second edition (1875), 
 price 3Gs.; Vol. IV., second edition (1874), ^nce S4s. clothf may he had a&pa~ 
 rately to complete sets. 
 
 Extract fro^ Pamphlet on "American Neutrality," "by George Bemis {BosUm, V.8.). 
 — " Sir Bobert Phillimore, the present Queen's Advocate, and author of the most 
 comprehensive and systematic ^Commentaries on International Law' that England 
 has produced.'* 
 
 "Theauthority of this work is admit- Having read the work cai^fuUy and 
 tedly great, and the learning and ability critically, we are able to highly recom- 
 displayed in its prepai-ation have been mend it." — Law Journal. 
 recognized by writers on public law both "The second edition of Sir Bobert 
 on the Continent of Europe and in the Phillimore's Commentaries contains a 
 United States, With this necessarily considerable amount of valuable addi- 
 imperfect sketch we must conclude our tional matter, bearing more especially 
 notice of the first voliuue of a work on questions of international law raised 
 which forms an important contribution by the wars and contentions that have 
 to the literature of public law. The broken out in the world since the pub- 
 book is of great utility, and one which lication of the first edition. Having 
 should find a place in the library of upon a former occasion discussed at 
 every civilian," — Law Magazine. some length the general principles and 
 
 "It is the most comijlete repository of execution of this important work, we 
 
 matters bearing upon international law now propose to confine ourselves to a 
 
 that we have in the language. "We need brief examination of a single question, 
 
 not repeat the commendations of the on whidi Sir Bobert i^Slimore may 
 
 text itself as a treatise or series of justiy be regarded as the latest autho- 
 
 treatises which this journal expressed rity and as the champion of the princi- 
 
 upon the appearance of the two first pies of maritime law, which, down to a 
 
 volumes. The reputation of the Author recent period, were maintained bythis 
 
 is too weU established ana too widely country, and which were at one time 
 
 Imown, We content ourselves with tes- accepted without question by the mari- 
 
 tif ying to the fulness and thoroughness time powers. Sir Bobert PhUlimore has 
 
 of the work as a compilation after an examined with his usual learning, and > 
 
 inspection of the three volumes. (2nd established without the possibihty of 
 
 edition)."— 5o«(ora {United States) Daily doubt, the history of the doctrine 'free 
 
 Advertiser. ships, free goods,' and its opposite, in 
 
 " Sir Bobert Phillimore may well be the third volume of his *Commen- 
 
 proudof this work as a lasting record taries'(p.302)." — Edinburgh Seview, No. 
 
 of his ability, learning and his industry. 296, Octohery 1876. 
 
MESSRS. BUTTERWORTH, 7, FLEET STREET, E.C. 15 
 
 UNDERHILL'S LAW OF TORTS.— TMrd Edition. 
 
 A SUMMARY OF THE LAW OF TOETS, OE 
 WEONOS INDEPENDENT OE OONTEAOT. By Abthtjh 
 TjNDERHrLi,, B.A., of Lincoln's Inn, Esq., Barrister-at-Law. 
 Third Edition. Post 8to. 8b. clotli. 1881 
 
 " He has set forth the elements of the " The plan is agood one and has been 
 
 law with clearness 'and accuracy. The honestly carried out, and a good index 
 
 little work of Mr. Undei'hiU is inexpen- faciUtates reference to the contents of 
 
 sive and may be relied on." — Law the book."-^J'Ms(iceq/' (As i%ace. 
 Times. ^ 
 
 TJNDERHILIi'S LAW OF TRUSTS AND TRUSTEES. 
 A CONCISE MAlSrUAL OE THE LAW EELATING TO 
 PETVATE TEUSTS AND TEUSTEES. By Abthtie Unxiee- 
 TTTTT,, M.A., of Lincoln's Inn and tie Chancery Bar, Barrister- 
 at-Law. Post 8vo. 8s. cloth. 1878 
 
 "The Courts of Equity have always * Digest of the Criminal Law and Law 
 exercised a very ext^sive authority in of Evidence from the Indian Acts,' and 
 all matters of trust, and the object of which has been followed by Mr. Pollock 
 this work is to present to the reader the in his ' Digest of the Law of Partner- 
 principles in relation to the law of ship.' Mr. Underhillhas.intheaboTe- 
 private trusts.. The author has divided named volume,performed a similar task 
 hissubjectsuitoseventy-sixarticies,and in relation to the * Law of Trusts.' In 
 he so treats his subjects that it will not seventy-six articles he has suiumarized 
 be found a difficult matter for a person the principles of the ' Law of Trusts' as 
 of ordinary inteUigence to retam the distmctly and accurately as the sub- 
 matter therein contained, which must ject will admit, and has supplemented 
 be constantly necessary, not only to the the articles with illustrations." — Law 
 professional man, but also for all those Journal. 
 
 who may have taken upon themselves " The work is intended for those who 
 
 the responsibilities of a trustee."— Jus- cannot study larger tomes, and Mr. 
 
 tice of the Peace. Underbill is sanguine that the student 
 
 "We recently published a short re- will be able to learn and remember all 
 
 view or notice of Mr. A. F. Leach's that he has written. We believe this 
 
 'Digest of the Law of Probate Duty," to be quite possible, and commend the 
 
 and remarked that it was framed after work to the attention of students."— 
 
 the model of Sir Fitzjames Stephen's Law Times. 
 
 SIR T. ERSKINE MAY'S PARLIAMENTARY 
 PRACTICE.— Eighth Edition. 
 
 A TEEATI8E ON THE LAW, PEIVILEGES, 
 PEOCEEDINGS AND USAGE OF PARLIAMENT. By Sir 
 Thomas Ekskine May, D.O.L., K.O.B., Clerk of the House of 
 Commons and Bencher of the Middle Temple. Eighth Edition, 
 Eevised and Enlarged. 8vo. 423. cloth. 1879 
 
 Contents ■ Book I. Constitution, Powers and Privileges of Parliament.— Book n. 
 Practice and Proceedings in Parliament.— Book HE. The Manner of passing Private 
 Bills with the Standing Orders in both Houses, and the most recent Precedents. 
 " A work, which has risen from the ment." — Solicitors' Journal. 
 position of a text book into that of an " We need make no comment upon 
 
 authority would seem to a considerable the value of the work. It is an accepted 
 extent to have passed out of the range authority and is undeniably the law of 
 of criticism. It is quite unnecessary to Parliament. It has been brought up to 
 point out the excellent arrangement, the latest date, and should be in the 
 accuracy and completeness which long hands of every one engaged in Parlia- 
 ago rendered Sir T. E. May's treatise mentary life, whether as a lawyer or as 
 the standard work on the law of Parha- a senator."— iajo Times. 
 
16 LAW WORKS PUBLISHED BY 
 
 BAINBRIDGE ON MINES.--ltli Edit., by Archibald 
 Brown. 
 A TEEATISE on the LAW of MINES and MINEEALS. 
 By William Bainbuidge, Esq., F.G-.S., of the Inner Temple, 
 Barrister-at-Law. Fourth Edition. By Abchibald Bb,0"wn, 
 M.A. Edin. and Oxon, of the Middle Temple, Barrister-at-Law- 
 This Work has been wholly re-cast, and Lq the greater part re- 
 written. It contains, also, several chapters of entirely new 
 matter, which have obtained at the present day great Mining 
 importance. 8vo. 45s. cloth. 1878 
 
 " Much of the old work has been re- contents of the voliune. The cases 
 
 ■written, and there is much in this edition cited are brought down to a very recent 
 
 that is entirely new. The whole of the date. The work undertaken by "Mr. 
 
 law relating to mines and mineraJs is Brown was an arduous one, and he has 
 
 treated in an exhaustive manner. As satisfactorily performed it." — Jtistice of 
 
 coming m.ore particularly within our P^ice on Uh edit. 
 
 own peculiar province, we may notice " This work must be already familiar 
 
 Chapter XH., which deals with criminal to all readers whose practice brings 
 
 offencesrelatiDgtomines; Chapter XIE., them in any manner in connection with 
 
 as to the statutory regulation and in- mines or jnining, and they well know 
 
 speetion of mines ; and Chapter XV., its value. "We can only say of this new 
 
 which contains the law relating to the edition that it is in all respects worthy 
 
 rating of mines and quarries, comi)ris- of its predecessors."^ -Law Times on 
 
 ing the liability of coal and other mines 3rd edit. 
 
 and quanies to the poor and other rates " It would be entirely superfluous to 
 
 — The tenancy— Improvements to be in- attempt a general review of a work 
 
 eluded— Allowances and deductions to which has for so long a period occupied 
 
 be made—Bateable value, and all other the position of the standard work on 
 
 matters necessary to make this portion this important subject. Those only who, 
 
 of the work most valuable to those con- by the nature of their practice, have 
 
 cemed in the rating of such property. learned to lean upon Mr. Bainbridge 
 
 The appendix contains a valuable col- as on a solid staff, can appreciate the 
 
 lection of conveyancing forms — Local deep research, the admirable method. 
 
 Customs— A Glossary of English Mining and the graceful style of this model 
 
 Terms, and a full and well arranged treatise.."— iawJowmaZ on 3rd edii. 
 Index facilitates the reference to the 
 
 ADAMS'S liAW OF TRADE-MARKS. 
 
 A TEEATISE ON THE LAW OF TEADE-MARKS; 
 
 with the Trade-Marks Eegulation Act, 1875, and the Lord 
 Chancellor's Eules. By E. M. Adams, of the Middle Temple, 
 Esq., Barrister-at-Law. 8vo. 75. Qd, cloth. 1876 
 
 NASMITH'S INSTITUTES OF ENGLISH LAW. 
 
 4 vols. J post Svo.^ 305. cloth. 
 
 THE INSTITUTES OF ENGLISH LAW.— Part 1, 
 
 English Public Lav. Part 2, English Private Law (in 2 vols.). 
 Part 3, Evidence and the Measure of Damages. By David 
 Nasmith, LL.B., of the Middle Temple, Barrister-at-Law, 
 Author of the Chronometrioal Chart of the History of England,' 
 &c. 1873—1879 
 
 *ff* The above may be had separately to complete sets at the following 
 
 prices : — Part 1, 10s. cloth. Fart 2, 20s. cloth. Fart 3, 10s. cloth. 
 
 " Mr. Nasmiflihas evidently expended it, the bulk of his Treatise, which is con- 
 much labour and care in the compilation iined to a concise exposition of the exist- 
 aud arrangement of the present work, ingla-ff,appearstomeritthepraiseof ac- 
 and so far as we haveieen able to test cm'acy and clearness."— iow Magazine. 
 
MESSRS. BUTTERWORTH, 7, FLEET STREET, E.C. 17 
 
 CLARK'S DIGEST OF THE HOTTSE OF LORDS CASES. 
 
 A DIGESTED INDEX TO ALL THE EEPOETS 
 in tiie HOUSE OP LOEDS, from the commericement of the 
 Series by Dow, in 1814, to tie end of the Eleven Yoliimes of 
 House of Lords Cases; ■with Eeferences to more recent Decisions. 
 By Chaeles Claek, Esq., Q.O., Eeporter by Appoiatment to 
 the House of Lords. 1 vol. royal 8yo. 31s. 6d. cloth. 1868 
 
 FULTON'S Manual of CONSTITUTIONAL HISTORY. 
 
 A MANUAL OE CONSTITUTIONAL HISTOEY, 
 founded on the Works of Hallam, Creasy, May and Broom: 
 compiising all the Fundamental Principles and the Leading 
 Cases in Constitutional Law. By Poerest Pitltgn, Esq., 
 LL.D., B.A., University of London, and of the Middle Temple, 
 Barrister-at-Law. Post 8vo. 7s. 6d. cloth. 1875 . 
 
 " Copious use has been made by Mr. 
 Fulton of all the leading authorities on 
 the subject, and he writes clearly and 
 intelligibly. There is a full and care- 
 fully prepared Index." — Law Times. 
 
 "ifir. Fulton's, for practical informa- 
 tion, and for student's purposes, is by 
 far the best Manual of Constitutional 
 
 History -with which we are acquainted." 
 — Irish Law Times, 
 
 "The work before us is one which 
 has long been wanted, and Mr. Fulton 
 appears to have taken great pains to 
 make it thoroughly useful and reliable . " 
 — Civil Service Gazette. 
 
 TUDOB'S LEADING CASES ON REAL PROPERTY.— 
 Third Edition. 
 A SELECTION of LEADING CASES on the LAW 
 relating to EEAL PEOPEETY, CONVEYANCING, and the 
 CONSTEUCTION of WILLS and DEEDS; with Notes. By 
 Owen Davies Txtdoe, Esq., of the Middle Temple, Barrister- 
 at-Law, Author of "Leadiag Cases in Equity." Third Edition. 
 1 thick vol. royal 8vo. 21. 12s. 6d. cloth. 1879 
 
 " The work before us comprises a to the former. "^ — Solicitor^ Journal and 
 digest of decisions which, if not exhaus- 
 tive of all the principles of oar real 
 property code, will at least be found to 
 leave nothing untouched or unelabo- 
 rated under the ntunerous legal doc- 
 trines to which the cases severally relate. 
 To Mr. Tudor's treatment of all these 
 subjects, so complicated and so varied, 
 we accord our entire commendation. 
 There are no omissions of any important 
 cases relative to the various branches of 
 the law comprised in the work, nor are 
 there any omissions or defects in his 
 statement of the law itself applicable 
 to the cases discussed by him. We cor- 
 dially recommend the work to the prac- 
 titioner and student alike, but especially 
 
 Jiepnrter. 
 
 "In this new edition^ Mr. Tudor has 
 carefully revised his notes in accordance 
 with subsequent decisions that have 
 modified or extended the law as pre- 
 viously expounded. This and the other 
 volumes of Mr. Tudor are almost a law 
 library in themselves, and we are satis- 
 fled that the student would learn more 
 law from the careful reading of them, 
 than he would acquire from double the 
 time given to the elaborate treatises 
 which learned professors recommend 
 the student to peruse, with entire for- 
 getfulness that time and brains are 
 liinited, and that to-do what they advise 
 would be the workofalife." — LawTimes. 
 
18 LAW WORKS PUBLISHED BY 
 
 MOSELY'S ARTICLED CLERKS' HANDY BOOK.— By 
 Bedford. 
 
 MOSELY'S PEACTICAL HANDY-BOOK OP ELE- 
 ICBNTAEY LAW, designed for the Use of AE.TIOLED 
 CLEEKS, jwth. a Course of Study, and Hints on Beading for 
 the Intermediate and Final Examinations. Second Edition, 
 by Ed"ward Hbnslowe BEDroED, Solicitor. Post 8yo., 8«. 6d. 
 cloth. 18Y8 
 
 " This took cannot be too Btrong:Iy Law. It will certainly not be the fanlt 
 
 recommended to every one who con- of either author or editor if the years 
 
 templates becoming a solicitor." — Law spent under articles are not well spent. 
 
 Examination Journal. tmd if the work required to lay a sound 
 
 "Mr. B. H. Bedford, indefati^ble foundation of legal knowledge is not 
 
 in his labours on behalf of the articled done with that 'knowledge' of which 
 
 clerk, has supervised a new edition of they so emphatically decleure the neces- 
 
 Mosely's Handy Book of Elementary eity." — Law Magazine. 
 
 CUTLER & GRIFFIN'S INDIAN CRIMINAL LAW. 
 
 AN ANALYSIS OP THE INDIAN PENAL CODE, 
 including the INDIAN PENAL CODE AMENDMENT ACT, 
 1870. By John Cutler, B.A., of Lincoln's Inn, Barrister-at- 
 Law, Professor of English Law and Jurisprudence, and Professor 
 of Indian Jurisprudence at Eing's CoUege, London, and Edmund 
 PuLLEB GrEiFPiN, B.A., of Lincoln's Inn, Barrister-at-Law. 
 8yo. 6s. cloth. 1871 
 
 ROUSE'S CONVEYANCER, with SUPPLEMENT, 1871. 
 Third Edition. 
 
 The PEACTICAL CONVEYANCER, gi-ying, in a mode 
 combining facility of reference with general utility, upwards of 
 Pour Hundred Precedents of Conveyances, Mortgages and 
 Leases, Settlements, and Miscellaneous Porms, with (not in 
 
 Srevious Editions) the Law and numerous Outline Porms and 
 lauses of Wills and Abstracts of Statutes afiecting Eeal Pro- 
 perty, Conveyanciag Memoranda, &c. By Eolla Eouse, Esq., 
 of the Middle Temple, Barrister-at-Law, Author of " The Prac- 
 tical Man," &o. _ Third Edition, greatly enlarged. With a 
 Supplement, giving Abstracts of the Statutory Provisions 
 affecting the Practice in Conveyancing, to the end of 1870; and 
 the requisite Alterations in Porms, with some new Porms ; and 
 including a full Abstract in numbered Clauses of the Stamp 
 Act, 1870. 2 vols. 8vo. 30s. cloth; 38s. calf. 1871 
 
 \* The Supplemmt may he had separately, price Is. 6d. sewed. 
 
 " The best test of the value of a book reached its third shows that it is con- 
 written professedly for practical men is eidered by those for whose convenience 
 the practical one of the number of edi- it was written to fulfil its purpose well." 
 tions through which it passes. The fact —Law Magazine. 
 that this well-known work has now 
 
MESSRS. BUTTERWORTH, 7, FLEET STREET, E.C. 19 
 
 CHRISTIE'S CRABB'S CONVEYANCING.— 
 
 Fifth Edition, by Shelford. 
 
 CEABB'S COMPLETE SEEIES OF PEECEDENTS 
 in CONYBYANOING and of COMMON and OOMMEEOIAL 
 FOEMS in Alphat^tical Order, adapted to the Present^State of 
 tie Law and the Practice of Conveyancing ; •with, copious Prefaces, 
 Observations and Notes on the several Deeds. By J. T. Christie, 
 Esq., Barrister-at-La-w. Fifth. Edition, witli numerous Correc- 
 tions and Additions, by Leonakd Shelfobd, Esq., of the Middle 
 Temple, Bajrister-at-Law. 2 vols. roy. 8vo. Zl. cloth. 1859 
 
 %• This warhf wMch embraces both the Pflnciples as well as the Practice of Conveyancing 
 contains likewise every description of Form wanted for Commercial Purposes. 
 
 "In carefulness we have in him a this task to be not unworthy of his 
 
 second Crabb, in erudition CrabVs su- former reputation. To those familiar 
 
 perior ; and the result is a work of with his other works it will be a suf- 
 
 which the original author would have ficient recommendation of this work 
 
 been proud, could it have appeared that Mr. Shelford's name appears on 
 
 imder his own auspices. It is not a the title-page ; if there be any who are 
 
 book to be quoted, nor indeed could its not well acquainted with them, we ven- 
 
 njerits be exhibited by quotation. It is ture to recommend to such the work 
 
 essentially a book of practice, which can before us, as the most generally useful 
 
 only be described in rude outline and and convenient collection of precedents 
 
 dismissed with applause, and a recom- in conveyancing, and of commercial 
 
 mendation of it to the notice of those forms for ordinary use, which are to be 
 
 for whose service it has been so la- had in the EngUsh language."— SoHci- 
 
 boriously conipiled." — Law Times. tors^ Journal and Seporter, 
 
 " Mr. Shelford has proved himself in 
 
 CUTLER'S LAW OF NATURALIZATION. 
 
 THE LAW- OE NATUEALIZATION as Amended 
 by the Act of 1870. By John Outlee, B.A., of Lincoln's Inn, 
 Barrister-at-Law, Editor of " Powell's Law of Evidence," &c. 
 12mo. 3s. 6d. cloth. 1871 
 
 "Professor Cutler's book is a useful is given in full with a useful index."— 
 summary of the law and of the changes Law Magazine. 
 which have been made in it. The act 
 
 COOTE'S ADMIRALTY PRACTICE.— Second Edition. 
 
 THE PEACTICE OE THE HIGH COUET 
 OF ADMEBALTY OF ENGLAND : also the Practice of the 
 Judicial Committee of Her Majesty's Most Honourable Privy 
 Council in Admiralty Appeals, with Forms and BiUs of Costs. 
 By Henry Charles Coote, F.S.A., one of the Examiners of the 
 High Court of Admiralty, Author of "The Practice of the Court 
 of Probate," &c. Second Edition, almost entirely re-written ; 
 and with a SUPPLEMENT containing the County Court Practice 
 m^dTOira%, the Act, Eules, Orders, &c. 8vo. 16s. cloth. 1869 
 
 * * This work contains every Common Form in use by the Practitioner in Admiralty^ aa 
 " well aa every description of BUI of Costs in that Court, a feature possessed by no 
 
 other work on the Practice in Admiralty. 
 "Mr Coote, being an Examiner of stantially considered, everything that 
 the Court, may be considered as an can be desired to the practitioner."— 
 authoritative exponent of the points of Law Magazine. 
 which he treats. His treatise is, sub- 
 
20 
 
 LAW WORKS PUBLISHED BY 
 
 ORTOLAN'S ROMAN LAW, Translated by PRICHARD 
 and NASMITH. 
 THE HISTOEY OF EOMAN LAW, from the Text of 
 Ortolan's Histoire de la Legislation Eomaine et GengraUsation du 
 Droit (edition of 1870). Translated, with the Author's permission, 
 and Supplemented hy a Ohronometrical Chart of Eoman History. 
 By I. T. Peichaed, Esq., P.S.S., and David Nasmith, Esq., 
 LL.D., Barristers-at-Law. 8vo. 28s. cloth. 1871 
 
 " "We know of no work, which, in our 
 opinion, exhibits so perfect a model of 
 what a text-book ought to be. Of the 
 translation before iis,.it is enough to 
 say, that it is a faithful represen^tion 
 of the originai." — Law Magazine. 
 
 " This translation, from its great mmt, 
 deserves a warm reception from aU who 
 desire to be acquainted with the history 
 and elements of Boman law, or have its 
 
 interests as a necessary part of a soimd 
 legal education at heaj^. With r^ard 
 to that great work, it is enough to say, 
 that Ei^lish writers have been con- 
 tinually m the habit of doii^ piecemeal 
 what Messrs. Prichard and Nasmith 
 have done wholesale. Hitherto we have 
 had but gold dust from the mine ; now 
 we are fortunate in obtaining a lac^e 
 nugget." — Law Journal. 
 
 KELLY'S CONVEYANCING DRAFTSMAN.— 2nd Edit. 
 THE DEAFTSMAJST: containing a Collection of Concise 
 Precedents and Eorms in Conveyancing; -with. Introductory 
 Observations and Practical Notes. By James H. Keixy. 
 Second Edition. Post 8vo. 128. 6d, cloth, 1881 
 
 **Mr. Kelly's object is to give a few 
 precedents of each of those instruments 
 which are most commonly required in a 
 solicitor's office, and for which prece- 
 dents are not always to be met with in 
 the ordinary books on conveyancing. 
 The idea is a good one, and the prece- 
 dents contained in the book are, gener- 
 ally speaking, of the character contem- 
 plated by ttie author's design. We 
 have been favourably impressed with 
 a perusal of sevCTal of the precedents 
 in this book, and practitioners who 
 have already adopted forms of their 
 
 own will probably find it advantageous 
 to collate them with those given by Mr. 
 Kelly. Each set of precedents is pre- 
 faced by a few terse and practical ob- 
 servations." — Solicitor^ Journal. 
 
 " Such statemente of law and facts as 
 are contained in the work are accurate." 
 — Law Journal. 
 
 " It contains matter not found in the 
 more ambitious works on conveyancing, 
 and we venture to thinlr tlmt tlie student 
 will find it a useful supplement to his 
 reading on the subject of conveyanc- 
 ing." — Law Examination Journal. 
 
 REDMAN ON ARBITRATIONS AND AWARDS. 
 
 A CONCISE TEEATISE on the LAW OF AEBI- 
 TEATIONS and AWAEDS ; with an Appendix of Precedents 
 and Statutes. By Joseph Ha-woeth Eedmaet, of the Middle 
 Temple, Esq., Barrister-at-Law, Author of ** A Treatise on the 
 Law of Eailway Companies as Carriers." 8vo. 12s. cloth. 1872 
 The arrangement is good, the^style work will be useful. The precedents 
 
 of awards are clearly and concisely 
 drawn. The arrangement of chapters 
 is convenientiy^ managed. The jaw is 
 clearly statedf and, so far as we can 
 judge, aU the important cases bearing 
 directly on the subject are given, while 
 the index appears reasonably copious. 
 These facts, combined with the smaJl- 
 ness of the volume, ought to make the 
 book a success."— J>aw) Journal, 
 
 dear, and the work exhaustive. There 
 is a useful appendix of precedents and 
 statutes, and a very good index." — Law 
 Times. 
 
 " This is likely to prove a useful book 
 in practice. All the ordinary law on 
 the subject is given shortly and in a 
 convenient and accessible form, and 
 the index is a good one." — Solicitors^ 
 Journal. 
 
 ""We have no doubt but that the 
 
MESSRS. BUTTEBWOETH, 7, FLEET STREET, E.C. 21 
 
 CLIFFORD & STEPHENS' REFEREES' PRACTICE, 
 1873. 
 
 THE PEACTICE OF THE COUET OF EEFEEEES 
 on PBilVATE BILLS IN PAELIAMENT; with Eeports of 
 Cases as to the Locus Standi of Petitioners decided dtuing the 
 Sessions 1867—72. By Peedeeick Clifford, of the Itfiddle 
 Temple, and Pembeoke S. Stephens, of Lincoln's Inn, Esqs., 
 Bamsters-at-Law. 2 vols, toyal 8to. 31. 10s. cloth. 
 
 t 
 In continuation of the above, 
 
 Eoyal 8vo., Vol. I. Part I^, price 31s. &d. ; Vol. I. Part II., 15s.; 
 Vol. n. Part I. 12s. 6d. sewed; Vol. II. Part II. 12s. M. sewed; 
 Vol. II. Part III. 12s. 6d. sewed; and Vol. II. Part IV. 15s. 
 
 CASES DECIDED DUEING THE SESSIONS 1873 
 to 1880, by the COUET OF EEFEEEES on PEIVATB BILLS 
 in PAELIAMENT. By Peederick Cliffoed and A. Gr. 
 EiCKAEDS, Esqs., Barristers-at-Law. 
 
 ** These Eeports are a contmuance " The book is really a very useful 
 
 of the series of * Clifford and Stephens* one, and ■will doubtless commend itself 
 
 Reports,' ■which began in 1867, and seeni_ to Parliamentary practitioners." — Law 
 
 to be marked by the same care and Times. 
 
 accuracy which have made these Re- "The Eeports themselves are very 
 
 ports a standard for reference and well done. To parliamentary practi- 
 
 quotation by practitioners and the tioners the work cannot fail to be of 
 
 Court itself." — Times. very great value." — Solicitor^ Jtmmal. 
 
 ■LXrHJiM ON THE LAW OF WINDOW LIGHTS. 
 
 A TEEATISE on the LAW of WINDOW LIGHTS. 
 By PEAifcis La"W Latham, of the Inner Teniple,>Esq., Barrister- 
 at-Law. Post 8to. 10s. cloth. 1867 
 
 " This is not merely a valuable addi- The work in our opinion, is both pctt 
 
 tion to the law library of the practi- spicuous and able, and we cannot but 
 
 tioner, it is a book that every law compliment the author on it."— Law 
 
 student ■will read with profit. It ex- Journal. 
 
 hausts the subject of which it treats." " A treatise on this subject was 
 
 — Law Times. wanted, and Mr. Latham has succeeded 
 
 "His arrangement is logical, and he in meetang that want." — Atlienmum. 
 discusses fully each point of his subject. 
 
 SAUNDERS' LAW OP NEGLIGENCE. 
 
 A TEEATISE on the LAWappHcable to NEGLIGENCE. 
 By Thomas W. Saunders, Esq., Barrister-at-Law, Eecorder of 
 Bath. 1 vol. post 8vo. 9s. cloth. 1871 
 
 " The book is admirable ; while small " We find very considerable diligence 
 
 in bulk, it contains everything that is displayed. The references to the cases 
 
 necessary, and its arrangement is such are given much more fully, and on a 
 
 that one can readily refer to it. Amongst more rational system than is common 
 
 those those who have done a good ser- ■with textbook ■writers. He has a good 
 
 ■vice Mr.'Saunders will find a place." — index." — Solicitors^ Journal. 
 Law Magazine. 
 
22 LAW WORKS PUBLISHED BY 
 
 DIXON'S LAW OF PARTNERSHIP. 
 
 A TEEATI8E ON THE LAW OE PAHTNEESHTP. 
 By J. DrxoN, of Lincoln's Inn, Esq., Barrister-at-Law, Editor 
 of "Lusli'sCommonLa-w Practice." 1 vol. 8vo. 228. cloth. 1866 
 
 "He has evidently bestowed upon this that of a philosophical lawyer. Mr. 
 
 book the same conscientious labour and Dixon's is puiely and exclusively prac- 
 
 paiustaJdng industry for which we had tical from beginning to end. We 
 
 to compliment bi-m some months since, imagine that very few questions are 
 
 when reviewing his edition of ' Lush's likely to come baore the practitioner 
 
 Plraeticeof the Superior Courts of Law,* which Mr. Dixon's book will not be 
 
 and, as a result, he has produced a found to solve. We have only to add, 
 
 clearly written and well arranged ma- that th^ value of the book is very 
 
 nnal upon one of the most important materially increased by an excellent 
 
 branches of our mercantile law." — Law marginal summary and a very copious 
 
 Journal. index." — Law Magazine and Bemew. 
 
 " Mr. Lindley's view of the subject is , 
 
 MICHAEL & WILL'S GAS AND WATER SUPPLY. 
 Second Edition. 
 
 THE LAW EELATING TO GAS AND WATEE: 
 
 comprisicig the Eights and Duties, as well of Local Authorities 
 as of Private Companies in regard thereto, and including all 
 Legislation to the close of the last Session of Parliament. Second 
 Edition. By "W. H. Michael and J. Shieess Will, of the 
 Middle Temple, Esqs.,Barristers-at-Law. 8vo. 25s. cloth. 1877 
 
 " The Law of Gas and Water, by had been executed with care, skill and 
 
 Messrs. Michael and Will, has reached ability. This edition is a decided im- 
 
 a second edition, and the authors tell prdvement on the first, and therefore 
 
 us that they have not only brought the we need add nothing now. It is a work 
 
 law down to the present time but they which has probably found its way into 
 
 havere-writtenaconsiderableportionof thehandsof all interested in lie prac- 
 
 the text, particularly with reference to tical application of the Acta of Parlia- 
 
 gas. When the first edition appeared ment relating to gas and water supply." 
 
 we expressed an opinion that the work —Lam Times. 
 
 DAVIS ON REGISTRATION.— Second Edition. With 
 Supplement. 
 
 THE LAW of EEGISTEATION, PAELIAMENTAEY, 
 and MUNICIPAL, with aU the STATUTES and OASES. 
 With a Supplement comprising the Cases decided on Appeal 
 on the Parhamentary and Municipal Eegistration Act, 1878. 
 By J. E. Davis, Esq., Barrister-at-Law. Post 8vo., 15s. cloth. 
 
 1880 
 
 ' The Supplement may Tie had ae^arately, 2s. 6d. seuied. 
 
 » » 
 
 WOOLRYCH ON SEWERS.-Third Edition. 
 
 A TEEATI8E ON THE LAW OP SEWEES, 
 including the Drainage Acts. By Humphet W. Woolbtch, 
 Serjeant-at-Law. Third Edition, mth considerable Additions 
 and Alterations. 8vo. 12s. cloth. 1864 
 
MESSES. BUTTBRWORTH, 7, FLEET STREET, E.G. 23 
 
 PLUMPTBE ON THE LAW OF CONIBACTS. 
 
 A SUMMAEY OF THE PEINCIPLE8 OF THE 
 LAW OP SIMPIiB CONTRACTS. By Claude C. M. 
 Pltjmptre, of the Middle Temple, Esq., Bamster-at-Law. 
 
 (Middle Temple Common Law Scholar, Hilary Term, 1877.) 
 
 Post 8vo. 8s. cloth. 1879 
 
 *,* A Companion Work to VnderhiU on Torts. 
 
 " In our last volume we had occasion " In Part H. we have the constitaent 
 
 to mention with approbation two works parts of a simple contract, the consent 
 
 by Mr. Arthur XTnderhill, A Summary of theparties,theconsideration,thepro- 
 
 of the Law of Torts, and a Concise mise, contracts illegal at common law 
 
 Manual of the Law rdating to Trusts and by statute, and fraudulent con- 
 
 and Trustees; the first of these had tracts. 
 
 reached a second edition, and in its " Part HI. gives rules for making a 
 preparation the author of the present simple contract, and treats of contracts 
 work was associated with Mr. Under- within the 4th and 17th sections of the 
 hill. In the preparation of this book Statute of ITrauds ; Statutes of Limi- 
 Mr. Plumptre has adopted the lines laid tation ; the disdiarge of the obligation 
 down by Mr. Underbill ; by means of imposed by the contract by perform- 
 short rules and sub-rules he presents a ance ; b^ mutual agreement ; by accord 
 summary of the leading principles re- and satisfaction ; and 1)y operation of 
 lating to the law of simple contracts, law; oral evidence and written con- 
 with the decisions of the Courts by which .tracts; damages ; and contracts made 
 they are illustrated. Part I. deals with abroad. 
 
 the parties to a simple contract, and " The book contains upwards of one 
 
 treats of those persons exempted from hundred rules, all ably illustrated 
 
 the performance of their contracts by by cases, and a very full and well- 
 
 teason of incapacity, such as infants, compiled index facilitates reference. 
 
 married women, lunatics, drunkards, It is more particularly addressed to 
 
 convicts and bankrupts. Chapter 4 is students, but practitioners of both 
 
 devoted to contracts by corporations branches of the legal profession will 
 
 and by agents, and the following chap- find it a useful and trustworthy guide." 
 
 ter to parfaiers and partnerships gener- — Justice of the JPeaie. 
 aUy. 
 
 BARRY'S PRACTICE OF CONVEYANCING. 
 
 A TEEATISE on the PEACTIOE of CONVEY- 
 ANCING. By W. Whittakbe Barey, Esq., of Lincoln's Inn, 
 Barrister-at-Lav, late holder of the Studentship of the Inns of 
 Court, and Author of " The Statutory Jurisdiction of the Court 
 of Chancery." 8vo. 18s. cloth. 1865 
 
 "This treatise supplies a want which The treatise is the production of a 
 
 has long been felt. Mr. Barry's work pei-son of great merit and still greater 
 
 is essentially what it professes to be, a promise." — Solicitors' Journal. 
 
 treatise on the practice of conveyancing, "The work is clearly and agreeably 
 
 in which ttie theoretical rules of real written, and ably elucidates the subject 
 
 property law are referred to only for in haai."— Justice of the Peace. 
 the purpose of elucidating the practice. 
 
 BARRY'S FORMS IN CONVEYANCING. 
 
 POEMS and PEEOEDENTS in CONVEYANCING; 
 with Introduction and Practical Notes. By W. Whittakeb, 
 Barry, of Lincoln's Inn, Barrister-at-Law, Author of a 
 "Treatise on the Practice of Conveyancing." 8vo. 21s. cl. 1872 
 
24 LAW WORKS PUBLISHED BY 
 
 HERTSLET'S TBEATIES. 
 
 HEETSLET'S TEEATIES of Commerce, Navigation, 
 Slave Trade, Post Office Oommimioations, Copyriglit, &c., at 
 present subsisting between Great Britain and Foreign Powers. 
 OompUed from Autbentic Documents by Edwaed Hektslet, 
 Esq., O.B., Librarian and Keeper of tbe Papers of the Foreign 
 Office. 14 Vols. 8vo. 181. 19s. 
 
 •»• Vol. I. price 12s., Vol. II. price 12s., Vol. III. price 18s., Vol. IV. price 18s., Vol. V. 
 price 203., Vol. VI. price 25s., Vol. Vll.priceSOs., Vol. VIII. price 30s., Vol. IX. 
 price aOs., Vol. X. price 30s., Vol. XI. price 30s., Vol. XII. price 40b., Vol. XIII. 
 price 42s., Vol. XIV. price 42s. cloth, may be had separately to complete sets. 
 Vol. XII. includes an Index of Subjects to the Twelve published Volumes, which 
 Index is also sold separately, price 10s. cloth. 
 
 HEBTSLET'S TREATIES ON TRADE AND TARIFFS. 
 TEEATIES AND TAEIFES regulating tlie Trade 
 between Great Britain and Foreign Nations, and extracts of tbe 
 Treaties between Foreign Powers, containing "Most Favoured 
 Nation" Clauses applicable to Great Britain in force on tbe 1st 
 January, 1875. By Edwabd Hertslet, Esq., C.B., Librarian 
 and Keeper of tbe Papers, Foreign Office. Part I. (Austria). 
 Royal 8vo. 7s. 6d. clotb. Part H. (Turkey). 15«. clotb. 
 Part ni. (Italy). 15s. clotb. Part IV. (China). 10«. cloth. 
 Part V. (Spain). 11. Is. cloth. Part VI. (Japan). 15s. cloth. 
 
 INGRAM'S LAW OF COMPENSATION.— Second Edit. 
 COMPENSATION to LAND and HOUSE OWNEES: 
 being a Treatise on the Law of the Compensation for Interests 
 in Lands, &c. payable by Eailway and other Public Companies ; 
 with an Appendix of Forms and Statutes. By Thomas DtrNBAB 
 Ingram, of Lincoln's Inn, Esq., Barrister-at-Law, now Professor 
 of Jurisprudence and Indian Law in the Presidency College, 
 Calcutta. Second Edition. By J. J. Elmes, of the Inner Temple, 
 Esq., Barrister-at-Law. Post 8vo. 12s. cloth. 1869 
 
 *' Whether for companies taking land " This work appears to he carefully 
 
 orholdingit, Mr. Ingram's volume will prepared as re^cds its matter. This 
 be a "welcome guide. "With this in his edition is a third larger than the first ; 
 hand the legal adviser of a company, or it contains twice as many cases, and an 
 of an owner and occupier whose pro- enlarged index. It was much called for 
 perty is taken, and who demands com- and doubtless will be found very useful 
 
 peusation for it, cannot fail to perform 
 his duty rightly."— £aw Times. 
 
 by the practitioner." — Law Magazine. 
 
 FORBES ON SAVINGS BANKS. 
 
 THE LAW EELATING TO TEUSTEE AND POST 
 OFFICE SAVINGS BANKS, with Notes of Decisions and 
 Awards made by the Barrister and Registrar of Friendly 
 Societies. By Uequhart A. Forbes, of Lincoln's Inn, Esq., 
 Barrister-at-Law. 1 vol., 12mo., 7s». M. cloth. 1878 
 
MESSES. BUTTERWORTH, 7, FLEET' STREET, B.C. 25 
 
 HIGaiNS'S DIGEST OF PATENT CASES. 
 
 A DIGEST of the EEPOETED CASES relating to the 
 Law and Practice of LETTEES PATENT for INVENTIONS, 
 decided from the passing of the Statute of Monopolies to the 
 present time. By Clement Higgots, M.A., F.O.S., of the 
 Inner Temple, Barrister-at-Law. 8yo. 10s. cloth, net. 1875 
 
 "Mr. KiRgins's -work ■will be useful to every decision), and the neat and 
 as a work of reference. TTpwards of 700 carefully executecl, index (which is de- 
 cases are digested ; and, besides a table cidedly above the average) are such as 
 of contents, there is a full index to tiie no reader of * essentially a book of ref er- 
 subject matter ; and that index, which ence* could quarrel with." — SolicUora^ 
 greatly enhances the value of the book, Journal. 
 
 must have cost the author much time, " The very elaborate Digest just corn- 
 labour and thought." — Law Journal. pleted by Mr. Higgins is worthy of being 
 
 ** • This is essentially,' says Mr. Hig- recognized by the profession as a tho- 
 
 ginsinhispreface,*abookof reference.' roughly useful book of reference upon 
 
 It remains to be added whether the the subject. Mr. Hi^gins's object has 
 
 compilation is reliable and exhaustive. been to supply a rehable and exhaus- 
 
 Itisonly fair to say that we think it is; tive summary of the reported patent 
 
 and we will add, that the arrangement cases decided in English courts of law 
 
 of subject matter (chronological under and equity, and this object he appears 
 
 each heading, the date, and double or to have attained." — Mining Journal. 
 even treble references being appended 
 
 DOWELL'S INCOME TAX LAWS. 
 
 THE ESrCOME TAX LAWS at present in force in the 
 United Kingdom, with practical Notes, Appendices and a copious 
 Index. By Stephen Dowell, M.A., of Lincoln's Inn, Assistant 
 Solicitor of Inland Eevenue. 8vo. 125. 6d. cloth. 1874 
 
 "To commissioners and all con- well done in every respect." — Law 
 cemed in the working of the Income Magazine. 
 
 Tax Mr. Dowell's book will be of great "Mr. Dowell's official position emi- 
 
 value." — Law Journal. nently fits him for the work he has 
 
 " For practical purposes the compila- undertaken, and his history' of the 
 tion must prove very useful." — Law Stamp Laws shows how caxefully and 
 Times. conscientiously he performs what he 
 
 "We can honestly commend Mr. imdertakes." — Justice of the Peace. 
 DoweU's work to our readers as being 
 
 DAVIS'S CRIMINAL LAW CONSOLIDATION ACTS. 
 
 THE CEIMINAL LAW CONSOLIDATION ACTS, 
 1861 ; with an Introduction and practical Notes, illustrated by 
 a copious reference to Cases decided hy the Court of Criminal 
 Appeal. Together with Alphahetical Tables of Offences, as well 
 those punishable upon Summary Conviction as upon Indictment, 
 and including the Offences under the New Bankruptcy Act, so 
 arranged as to present at one view the particular Offence, the 
 old or new Statute upon which it is founded, and the Limits of 
 Punishment; and a full Index. By James Edwaed Davis, 
 Esq., Barrister-at-Law. 12mo. 10s. cloth. 1861 
 
26 LAW WORKS PUBLISHED BY 
 
 SHELFORD'S SUCCESSION, PROBATE AND liEGACY 
 DUTIES.— Second Edition. 
 THE LAW relating to the PEOBATE, LEGACY 
 
 and SUCCESSION DUTIES in ENGLAND, IRELAND and 
 SCOTLAND, including all tie Statutes and the Decisions on 
 those Subjects: -with. Forms and Official Eegulations. By 
 Leoicaed Shelfoed, Esq., of the Middle Temple, Barrister-at- 
 Law. The Second Edition, -with many Alterations and Additions. 
 12mo. 16s. cloth. 1861 
 
 BAYIilS'S LAW OF DOMESTIC SERVANTS. 
 By Slonckton. — Fourth. Edition. 
 
 THE EIGHTS, DUTIES AND RELATIONS OE 
 DOMESTIC SERVANTS AND THEIR MASTERS AND 
 MISTRESSES. With a short Account of Servants' Institutions, 
 &c., and their Advantages. By T. Heioiy Baylis, M.A., 
 Barrister-at-Law, of the Inner Temple. Pourth Edition, mth 
 considerable Additions, by Edvaed P. Monckton, Esq., B.A., 
 Barrister-at-Law, of the Inner Temple. Pscap. 8vo. 2s. 1873 
 
 SEABORNE'S LAW OF VENDORS & PURCHASERS. 
 Second Edition. 
 
 A CONCISE MANUAL of the LAW of VENDOES 
 and PUROHASBRS of REAL PROPERTY; -with a Supple- 
 ment, including the Vendor and Purchaser Act, 1874, -with Notes. 
 2nd Edit. By Heney Seaboene. Post8vo. 10s. 6d. cloth. 1879 
 
 *«• This work is designed to fmiiish Practitionevs with an easy means of reference to the 
 Statutory Enactments and Judicial Decisions regulating the Transfer of Seal Pro- 
 perty^ and also to iring these authorities in a compendious shape under the attention 
 of Students. 
 
 *' The book before us contains a good the most important branches of the 
 
 deal, especially of practical information law. The student ■will find this book 
 
 as to the com-se of conveyancing matt^ a useful introduction to a dry and 
 
 in solicitors' of&ces, which may be use- dif&cult subject." — Law Examination 
 
 ful to students." — Solicitors* Journal. Journal. 
 
 "WewilldoMr. Seaborne the justice "Intended to furnish a ready means 
 
 to say that we believe his work will be of access to the enactments and ded- 
 
 of some use to articled and other clerks sions governing that branch of the law." 
 
 in solicitors' offices, who have not the — The Times. 
 
 opportunity or inclination to refer to the "lie book will be found of use to the 
 
 standard works from which his is com- legal practitioner, inasmuch as it wdll, 
 
 piled." — Law Journal. so far as regards established points of 
 
 "The value of Mr. Seabome's book law, be a handier work of reference than 
 
 consists in its being the most concise the longer treatises we have named." — 
 
 summary ever yet published of one of Athenaum. 
 
 TOMKINS' INSTITUTES OF ROMAN LAW, 
 THE INSTITUTES OP EOMAN LAW. Part I., 
 
 containing the Sources of the Roman Law and its External 
 History tiU the Decline of the Eastern and Western Empires. 
 By Feedeeick Tomkins, M.A., D.C.L., Barrister-at-Law, of 
 Lmcoln'slnn. Boy.8vo.12s. (To be completed in 3 Parts.) 1867 
 
MESSRS. BUTTERWORTH, 7, FLEET STREET, E.G. 27 
 
 DREWRY'S EatJITY PLEADEE. 
 
 A CONCISE TEEATISE on the Principles of EQUITY 
 PLEADING, with Precedents. By C. Stewaet Dee-why, Esq. , 
 of the Inner Temple, Barrister-at-Law. 12m.o. 6s. boards. 1858 
 
 GAIUS' ROMAN' LAW.— By Tomkins and Lemon. 
 
 {Dedicated hy permission to Lord C?mnceUor Hailierley,) 
 
 THE COMMENTAHIES of GAIUS on the EOMAN 
 LAW: ■with an English Translation and Annotations. By 
 Eeedeeick J. ToMKDfs, Esq., M.A., D.O.L., and William 
 Geokge Lemon, Esq., LL.B., Barristers-at-Law, of Lincoln's 
 Inn. 8vo. 27s. extra cloth. 1869 
 
 BRANDON'S LAW OF EOREIGN ATTACHMENT. 
 
 A TEEATISE upon the CUSTOMAEY LAW of 
 FOREIGN ATTACHMENT, and the PEACTICE of the 
 MATOE'S OOUET of the CITY OF LONDON therein. With 
 Forms of Precedure. By Woodthoepe Beaiojon, Esq., of the 
 Middle Temple, Barrister-at-Law. 8to. 14s. cloth. 1861 
 
 MOSELET ON CONTRABAND OF WAR. 
 
 WHAT IS CONTEABAND OF WAR AND WHAT 
 IS NOT. A Treatise comprising all the American and English 
 Authorities on the Subject. By Joseph Moseley, Esq., B.C.L., 
 Barrister-at-Law. Post 8yo. 5s. cloth. 1861 
 
 SMITH'S BAR EDUCATION. 
 
 A HISTOEY of EDUCATION for the ENGLISH 
 BAE, with SUGGESTIONS as to SUBJECTS and METHODS 
 of STUDY. By Philip Anstie Smith, Esq., M.A., LL.B., 
 Barrister-at-Law. 8yo. 9s. cloth. I860 
 
 WILLS ON EVIDENCE.— Fourth Edition. 
 
 AN ESSAY on the PEINCIPLES of CIECUMSTAN- 
 TIAL EYIDENCE. Illustrated by numerous Cases. By the 
 late Wllliam Wills, Esq. Fourth Edition. Edited by Ms Son, 
 Alfeed Wills, Esq., Barrister-at-La-w. 8vo. 10s. cloth. 1862 
 
 LUSHINGTON'S NAVAL PRIZE LAW. 
 
 A MANUAL of NAVAL PEIZE LAW. By Godfeey 
 LusHiNGTON, of the Inner Temple, Esq., Barrister-at-Law. 
 Eoyal 8vo. 10s. U. cloth. 1866 
 
28 LAW WORKS PUBUSHED BY 
 
 ROUSE'S COPYHOIiD ENFRANCHISEMENT 
 MAN1TAL.— Third Edition. 
 The COPYHOLD ENPEANCHISEMENT MAI^UAL; 
 
 enlarged, and treating the subject in the Legal, Practical and 
 Mathematical Points of View ; giving numerous Forms, Rules, 
 Tables and Listructions for Calculating the Values of the Lord's 
 Eights ; Suggestions to Lords' Stewards, and Copyholders, pro- 
 tective of their several Literests, and to Valuers in performance 
 of their Duties; and including the Act of 1858, and Proceedings 
 in Enfranchisement under it. By Eolla. EotrsE, Esq., of the 
 Middle Temple, Barrister- at-Law. Third Edition, much enlarged. 
 12mo. 10s. 6d. cloth. 1866 
 
 " "Wlien we consider what favour Mr. third edition of that work is hefore us. 
 
 Bouse' s Practical Man and Practical It is a work of great practical value, 
 
 Conveyancer have found with the pro- suitahle to lawyers and laymen. We 
 
 f ession, we feel sure the legal world will can freely and heartily recommend this 
 
 greet with pleasure a new and improved volume to the practitioner, the steward 
 
 edition of his Copyhold Manual. The and the oopvholder."— ioMi Maganine. 
 
 HEALES'S HISTORY AND LAW OF PEWS. 
 
 THE HISTORY and the LAW of CHUECH SEATS 
 
 or PEWS. By Alfred Heales, E.S-A., Proctor in Doctors' 
 
 Commons. 2 vols. 8vo. 16s. cloth. 1872 
 
 "Altogether we can commend Mr. of the author's industry, talent and 
 Heales's hook as a well conceived and learning." — Law Journal* 
 well executed work, which is evidence 
 
 BRABROOK'S WORK ON CO-OPERATION. 
 
 THE LAW and PEACTICE of CO-OPEEATI^ or 
 INDUSTELUj and PEOVIDENT SOCIETIES; including the 
 Winding-up Clauses, to which are added the Law of France on 
 the same subject, and Eemarks on Trades Unions. By Edward 
 W. Brabeook, E.S.A., of Lincoln's Inn, Esq., Barrister-at-Law, 
 Assistant-Eegistr^r of Priendly Societies in England. 6s. cl. 1869 
 
 COOMBS' SOLICITORS' BOOKKEEPING. 
 
 A MANUAIi OP SOLICITOES' BOOKKEEPING: 
 
 comprising practical exemplifications of a concise and simple 
 plan of Double Entry, with Forms of Account and other Books 
 relating to BiUs of Costs, Cash, &c., showing their operation, 
 giving directions for keeping, posting and balancing them, and 
 instructions for drawing costs. Adapted for a large or small, 
 sole or partnership business. By W. B. Coombs, Law Accountant 
 and Costs Draftsman. 1 vol. 8vo. 10s. 6d. cloth. 1868 
 
 *«* The various Account Boohs described in the above work, the/orrns 0/ which are copy- 
 right, may he had from the Ftiblishers, at the prices stated in the work at page 274. 
 
MESSRS. BUTTEKWORTH, 7, FLEET STREET, E.C. 29 
 
 WIGRAM ON WILLS.— Fourth Edition. 
 
 AJSr EXAMINATION OF THE EULES OF LAW 
 respecting the Admission of BXTEINSIO EVIDENCE in Aid 
 of the INTEEPEETATION of WILLS. By the Eight Hon. Sir 
 James "Wigram, Eiit. The Fourth Edition, prepared for the press, 
 with the sanction of the learned Author, by W. Knox Wigbam, 
 M.A.,of Luicoln'sInn,Esq.,Barrister-at-Law. 8vo.lls.cl. 1858 
 
 LAWRENCE'S PARTITION ACTS, 1868 and 1876. 
 
 THE COMPULSORY SALE OP EEAL ESTATE 
 under the POWEES of the PAETITION ACT, 1868, as Amended 
 by the Partition Act, 18*76. By Philip Heney Lawbence, of 
 Lincoln's Inn, Esq., Barrister-at-Law. 8vo. 8s. cloth. 1877 
 
 "Mr. La'wrence is evidently ao- suit. On the sale of land the whole 
 qiiainted ■with his subject. He explains subject is ably treated, and the book 
 tiie state of the law previous to the contains, amongst other things, a valu- 
 Statuteof 1868, and the means by which able selection of leading cases on the 
 under it persons may now maintain a subject." — Justice of the Peace. 
 
 » 
 BUND'S LAWi-OF SALMON FISHERIES. 
 
 THE LAW relating to the SALMON FISHEEIES 
 of ENGLAND and "WALES, as amended by "The Salmon 
 Fishery Act, 1873;" with the Statutes and Cases. By J. W. 
 Willis Bund, M.A., LL.B., of Lincola's Inn, Barrister-at-Law, 
 Vice-Chairman Severn Fishery Board. Post 8vo. 15s. cl. 1876 
 
 " Mr. Bund has done the work excel- " "We have always found his opinion 
 
 lently well, and nothing further in this sound, and his explanations clear and 
 way can be desired."— Me FieU. lucid."— iomd and Water. 
 
 TROWER'S CHURCH BUILDING LAWS, Continued 
 
 to 1874. 
 THE LAW of the BUILDING of CHUECHES, 
 PAESONAGES, and SCHOOLS, and of the Division of Parishes 
 and Places. By Charles Fbancis Tboweb, M.A., of the Inner 
 Temple, Esq., Barrister-at-Law, late FeUow of Exeter College, 
 Oxford, and late Secretary of Presentations to Lord Chancellor 
 Westbury. Post 8vo. 9s. cloth. 1874 
 
 *»* The Supplement may be had separately, price Is. sewed. 
 
 BULLEY & BUND'S NEW BANKRUPTCY MANUAL. 
 A MANUAL OP THE LAW AND PEAtlTICE 
 
 OF BANKRUPTCY as Amended and Consolidated by the 
 Statutes of 1869, with an APPENDIX containing the Statutes, 
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 OKE'S MAGISTERIAL SYNOPSIS.— Thirteenth Edit. 
 
 THE MAGISTEEIAL SYNOPSIS : a Practical Ghiide 
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 " Twelve editions in twenty- Synopsis. The law administered 
 
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 we feel bound to accord to the of the legal year, and a new editiou 
 
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 of having fully maintained m the years means no small amount of 
 
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 painstaking Recorder of Bath (Mr. a feature in the work." — Law 
 
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 twelfth edition of Oke's Magisterial 
 
 OKE'S HANDY BOOK OF THE GAME LAWS.— 3rd Ed. 
 
 A HANDY BOOK OE THE GAME LAWS; containing 
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MESSES. BUTTERWORTH, 7, FLEET STREET, E.G. 31 
 
 iki 
 
 SAUNDERS'S STTSESEAST JtTBISBICIIOIT ACT, 1879. 
 THE SUMMAEY JUEISDICTION ACT, 1879, with 
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32 LAW WORKS PUBLISHED BY 
 
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 THE LAW EXAMINATION JOUENAL. Edited by 
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 HUNT'S BOUNDARIES, FENCES & FORESHORES.— 
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 A TEEATISE on the LAW relating to BOUNDAEIES 
 and FENCES, and to the Eights of Propei^y on the Sea Shore 
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 some of the chapters, especially that 
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 GRAFT'S LAW OF CORPORATIOITS IN GENERAL. 
 
 A PEACTICAL TEEATISE ON THE LAW OP 
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 1875 
 
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34 LAW WORKS PUBLISHED BY 
 
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