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In what respects does this differ from the process of "promoting his own knowledge ?"
What is the text of a subject?
State briefly what is meant by the "hey! presto! publication of law reports?"
How is "the thought-flash" produced, how long does it last, and describe the various ways of preventing, controlling, and putting out the same?
Making due allowance for these eccentricities of style, the law student will glean a considerable amount of useful information from
the pages of this book. The advice given, the hints thrown out, the programme of study and course of reading prescribed deserve that attention and confidence which is always accorded to those who speak from personal experience and observation. The following is a brief outline of the general plan of the book. Each chapter consists of a general and almost popular dissertation upon a special department of law, in which articled clerks are examined at the final examination; and is supplemented with a digest of all the examination questions cognate to the subject matter of the chapter extending from 1836 to January 1864. The questions are transcribed from the examination papers, but the answers are not given. To supply the answers would involve a considerable amount of trouble, and give to the book a somewhat catechetical form. But we have no hesitation in saying that the value of this manual would be greatly enhanced if this additional trouble were taken. Even if it should turn out to be impracticable to give the answers at full length, references to the authorities where the answers to each question might be found, would be of the greatest practical use.
The book is divided into three parts: the first consists of separate chapters on the common law, conveyancing, equity, bankruptcy, and criminal law. "Summaries of the most prominent subjects are introduced, and a selection of the books and authorities recommended, for the purpose of working out their details. The second part is devoted to the consideration of constitutional law, the civil and ecclesiastical law, colonial law, and to medical jurisprudence." Speaking of constitutional law, the author recommends its careful study, as being a subject peculiarly demanding the attention of an Englishman in these days of repressive measures and experimental despotism. To "revert to the fundamental principles of our dearly-bought freedom has become essential not only to baffle the insolent efforts of irresponsible authority, but also to keep in remembrance the glorious causes of our prosperity and independence.
The third, and last part of the book, contains two most useful chapters, the one on book-keeping by single entry, the other on book-keeping by double entry. An Appendix concluding the work, shows the career of an articled clerk, from the time of his entering into the chambers or offices of his principal, to the period of his standing within the threshold of his profession, prepared to commence his practical life. Precedents of articles of clerkship, assignments of articles and affidavits to enrol them, are here given! and also the
requisite notices of admission and examination, and the documents to be lodged with the Incorporated Law Society. The regulations for conducting the examination, the practice of being admitted into all the courts, with forms of the necessary affidavits: the mode of obtaining the several commissions, and the issuing of the annual certificate, follows, together with all the necessary stamps, fees, and charges.
A Manual of Times of Procedure in Chancery. Embracing chiefly the provisions of the General Rules and Orders of the Court. By Thomas W. Braithwaite, of the Record and Writ Clerks' Office. London: Edward Cox.
In a former number of this Magazine we alluded to the uncertainty which existed on the part not only of counsel but of the judges and officers as to the rules and orders of the Court of Chancery before the issue of the consolidated general orders. We also foretold how the probable issue of new general orders from time to time would again confuse and complicate the question, and we called attention to the plan of Mr. Braithwaite, for giving permanent completeness to the code. Mr. Braithwaite has now produced a work which so far as the "times" of chancery proceedings are concerned carries out his scheme. The preface will best explain the arrangement: "The information is arranged under certain leading lexicographical headings, denoting the subjects of practice; and the provisions of the rules of the court governing the times of procedure in relation to such subjects are set forth under sectional divisions and subdivisional articles—and such a typographical arrangement is employed as will greatly assist the practitioner in readily discerning the information applicable to any particular case. Numerous cross references are introduced. I. The several parts of a subject are brought together. Thus subjects of practice dealt with in separate issues of general orders, and consequently, presented in fragmentary and complex form, are united and simplified." The value of the work is apparent from this description of it, and the close adherence to the language of the Acts and orders makes it reliable. It will be evident too that the arrangement will readily admit of entries under the proper headings of any orders as to "time" hereafter to be made, so that a very little labour will maintain the work as a guide to the law. We can only regret that the author's labour had not been expended in including rather than excluding many parts of the orders which do not relate to "time." The question of "time however, is of great importance and of very frequent recurrence in Chancery proceedings, whilst the resources of the most retentive memory cannot enable the practitioner to dispense with a tedious investigation on the subject, and this clearly arranged work will therefore be of great service to the Chancery lawyer.
The Law and Practice Relating to Discovery by Interrogatories under the Common Law Procedure Act, 1854; together with an Appendix of Precedents and a Full Index. Corner Petheram, Esq., of the Middle Temple. Maxwell. 1864.
By William London: W.
THIS little work seems to contain an able and discriminating examination of the apparently conflicting divisions of the Common Law Courts on the subject of Discovery. The author shows that most of the leading rules as to discovery in equity are applicable to the same subject at law. We welcome a treatise, the size of which is a result, not of superficial work, but of honest labour of compression and arrangement; and we think with the author, that from a careful perusal of the text and the examples in the appendix, "enough can be gathered to enable the reader to judge, with some approach to certainty, what questions will be allowed," in interrogatories under the Common Law Procedure Act.
The Laws of Marriage, and the Laws of Divorce, of England, as established by Statute and Common Law, arranged in the Form of a Code, for Popular Use. By Alfred Waddilove, D.C.L. London: Longman & Co. 1864.
THIS, although a law book, and the work of one of our most esteemed civilians, may, we think, be described as a well contrived essay for the information and use of almost everybody but lawyers. The author indeed tells us that his object is "to meet a wide circulation among the non-professional public," and he therefore withholds in the meanwhile his "authorities and sources," without which, however, not even the work of a juris-consult of such learning, standing, and authority, as Dr. Waddilove, could, with a due regard to the punctilio of forensic literature, be deferred to by the profession. He at the same time admits that " doubtless, it would be more complete with them" (his authorities and sources), "and may in another edition be supplied." We sincerely hope that they may be supplied in the next edition, which, we doubt not, from the very favourable opinion we have formed of the merits of the code, will speedily be called for.
The Revision and Consolidation Act, 26 & 27 Vict. c. 125, appears to have suggested the idea to the learned author, who remarks: "It was said on the introduction of the Bill, that the law of any advanced nation ought ultimately to be reduced to the form of a code." But it was added, "that if the law is in a state of transition it is not fit for that process; in fact, that we must wait for our code until our law, both statute and common, has been revised, expurgated, consolidated, and harmonised. This may be true of the main body of our law, but there are some branches of it in which
the principles and positions are now clear and definite. Of these marriage, as far as England alone is concerned . . . may be said to be one." The code, in fact, ought to stimulate the energy of the Government and the legislature, in the too long neglected field of law reform, of which so much is professed and talked, but so little done.
To the public at large, clergy as well as laity, the work will be invaluable; and, if it is necessary, we beg to assure them that from no member of the bar could they more safely receive and act upon a statement of the law than from Dr. Waddilove.
A Handbook of Bankers' Law. By Henry Robertson, Notary Public, Bank of Scotland. Second Edition. Edinburgh: Bell & Bradfute. 1864.
THE office of notary in Scotland, is, in some respects, a more strictly professional one than in England, and there is therefore not only no impropriety in any gentleman holding it writing and publishing a law book, but such a work is entitled to be received with all the respect due to an author who has publicly and officially proved his legal knowledge in the way Scotch notaries are obliged to do. With this observation, which, in a strictly professional periodical like the LAW MAGAZINE, we have felt it necessary to make, we have no hesitation in recommending Mr. Robertson's modest little book, of the intrinsic merits of which the fact that it has in about eighteen months reached a second edition is perhaps the strongest testimony. Although a handbook of bankers' law, and intended by the author for the more immediate use of those engaged in banking, it might in many particulars successfully compete with more pretentious treatises ; and it may with benefit be consulted by any member of the profession in Scotland or in England. The modesty of the title of the book is so great, indeed, as almost to mislead. The book is in fact a full, and we believe accurate statement of the Scotch law, not only in regard to bankers' law, but in regard to monetary securities and contracts in general, including "diligence" or legal process against defaulters, and the effect of bankruptcy. No doubt, so much legal knowledge on the part of bankers would be very useful to themselves as well as beneficial to the public. But it may be doubted whether they can acquire it ; and even in the best case we think our banking friends would act more wisely in consulting their lawyer than in relying on themselves for professional assistance. The Bank of Scotland, whose Notary Public Mr. Robertson is, seems highly favoured in having an officer so admirably qualified to advise them; and to all who are in any way concerned with the contents of his book we would say, "Get the book, read it carefully, carry its precepts and rules in your minds, and as a consequence you will be rewarded by having your money well cared for.”
VOL. XVII.-NO. XXXIV.
Papinian, a Dialogue on State-affairs between a Constitutional Lawyer and a Country Gentleman about to enter public life. By George Atkinson, Serjeant-at-law, B.A. Oxon. London: Longmans & Co. 1864.
MR. SERJEANT ATKINSON is an author well known both in legal and general literature, and in this book he combines his talents in either department. The work belongs to that excellent class of instructive productions, such as the "Legal Studies," by Mr. Samuel Warren, Q.C., and the "Hortensius" of Mr. Forsyth, Q.C., which impart a knowledge of the ways, means, and doctrines of jurisprudence, to the general, as well as the legal, reader, in untechnical and ordinary language and style. Serjeant Atkinson goes even further, for in his anxiety to be as plain and clear as possible, he has adopted the conversational form-a form upon which the famous "Doctor and Student," has put the stamp of ability and success. Serjeant's work will indeed at once recall its standard predecessor, "The Doctor and Student," and may be fairly termed a most worthy scion of the same stock. Profound learning, perspicuity of thought and expression, playful and ready wit, these are the marked characteristics of the Serjeant's "Papinian." The book is invaluable as an apt and full exposé (in a space, perhaps, too brief, for it might well be longer) of our constitutional polity and law; and it has this further merit,-Serjeant Atkinson maintains throughout his teaching a high moral tone and bearing, the influence of which imperceptibly acts upon and elevates the mind of the reader. The British Constitution is a thing of perfect but delicate texture. Its very purity puts it oft in the power of a vulgar enemy to shade it with misconstruction, and even a vulgar friend, in handling the theme of the Constitution roughly, may not bring out all the whiteness of its fame. It should be approached, studied, and explained in an elevated and gentlemanly spirit, and Serjeant Atkinson shows himself to be just the gentleman to thoroughly appreciate and act upon this principle. His work is great in ethics as well as law. All who have their eye to a parliamentary career should make "Papinian their special study the forensic and general student will do also well to master its pages. In fine, it is a praiseworthy attempt to popularise the deep and mighty subject of the British Constitution, and deserves to be welcome with us all. From the work itself we must now give a few samples. Serjeant Atkinson thus enlightens us on Parliamentary Committees:
"SERJEANT.-As the House of Lords consists of 458 Members, and the House of Commons of 656, it stands to reason that they must divide themselves into smaller bodies, for the despatch of business; otherwise little or nothing would be done : for what is everybody's business, as we all know, is nobody's business. Frequently, in our courts of justice, causes are withdrawn from the 12 jurors sworn to try it; because it is found that one of them, or some other person, would be far better for the purpose. Hence arbitrations.