If any young reader should consider such labours as these excessive and unnecessary, let him try to state accurately the substance of some of those cases and statutes with the names and titles of which he is most familiar and he may be less disposed to undervalue the importance of the hints now offered. It is impossible here to do more than thus call the student's attention to the necessity of uniform vigilance and circumspection, in order that he may early acquire the habit of reading and thinking with calmness and deliberation. "This study being built upon the per

6 Geo. 4 c. 94, in Abbot on Shipping. This abridgment has always been considered so well executed, that it has been adopted, with but little variation, in every succeeding treatise; and yet one short phrase is omitted, which materially alters the sense of the entire enactment. Lord Tenterden's abridgment, in the work in question, is as follows: "A person entrusted with and in possession of a bill of lading, or any of the warrants, certificates, or orders mentioned in the act, is to be deemed the true owner of the goods described therein, so far as to give validity to any contract or agreement made by him for the sale or disposition of the goods, or the deposit or pledge thereof [AS A SECURITY FOR ANY MONEY OR NEGOTIABLE INSTRUMENT-Omitted] if the buyer, disponee, or pawnee, has not notice by the document or otherwise, that such person is not the actual and bona fide owner of the goods." The reader would imagine, from Lord Tenterden's abridgment, that the enactment was meant to give validity to any bonâ fide deposit, or pledge of goods by any person possessing those indicia of property enumerated at the commencement of the section. He will therefore be a little surprised at finding that in Taylor v. Kymer, 3 B. and Adol. 337. it was held by the Court of King's Bench, that a person with whom goods had been pledged as a security for India warrants, which he had entrusted to the factor who pledged them with him, was held not to be protected by them !—See Leg. Exam. vol. iv. p. 339–340.

fection of reason, requires a constant and serious meditation; and what we apprehend altius quotidiana meditatione figendum est, that being fastened in our minds, and the reason thereof fully considered, habitus fiat, quod est impetus that bringing it within the verge of his own reason, he may, upon the least summons, find the result thereof *."

SECTION VI.

IMPORTANCE OF RETAINING THE NAMES OF

LEADING CASES.

A READY recollection of the names of cases is a great object with the practical lawyer. What is meant by this is, not the recollection of the name, only, of an important case, and the volume of the Reports where it is to be found-but of the substance of the decision; so that one may be able, at a moment's notice, aptly to cite it in court, or elsewhere. The name of the case and the number of the volume will suffice-as the page can of course be easily found, without burthening the memory with it. Suppose the question under consideration is one concerning the distinction between a penalty, or liquidated damages—the experienced lawyer instantly thinks of Kemble v. Farren, 6 Bingham

* Stud. Leg. Ra. pp. 53-54.

-a recent decision, in which all the older ones are discussed, and on the margin of which, perhaps, he discovers his own Ms. notes of several approximating and later cases. He thus gets at once to the heart of his subject-le siège des difficultés—and speedily and satisfactorily disposes of it.

Readiness in thus recollecting and quoting cases is not a less showy than valuable accomplishment-and is therefore sometimes attempted by those who are quite unequal to the task. They can sport, perhaps, the name of the case, and the right volume of the Report; but either wholly forget or misunderstand, and consequently misrepresent, the subject-matter of the decision. An instance of this, equally painful and ludicrous, was given in a previous page*. "And here," says Mr. Raithby," it must be obvious, that the exercise just now recommended, will be particularly necessary to the legal student, who, in the course of his future practice, cannot but have frequent occasions for the use of his memory in the statement of some case or opinion, recollected at the moment, by which his argument may be supported, or his positions enforced with a peculiar brilliancy of effect and illustration. No after-labour can supply adequately the want of this particular power of memory. A man may fill the back of his brief with extracts, quotations, and cases, and yet may omit one that would be more serviceable than all the

* Ante, p. 428.

U

rest: could he but recollect this at the very moment, it would serve him in a most essential manner-but it is entirely forgotten, or remembered so imperfectly, that the recital of it, should it be attempted, would most probably do his argument mischief, rather than good." Letters, pp. 430, 431. An early and persevering attempt to form this habit will soon repay the young lawyer, by its prodigiously abridging labour and preventing loss of time in subsequent researches. Fifty or sixty leading cases, thoroughly understood and distinctly recollected, will be found of incalculable value in practice serving as so many sure landmarks placed upon the trackless wilds of law:-and why should not the number be doubled, or even trebled? What pains can be too great, to secure such a result?

The author was standing beside the seat of the King's Counsel, in the Court of King's Bench, on the day after he had entered an Inn of Court-when a young barrister came and asked the opinion of Mr. (now Sir John) Campbell on a somewhat knotty" case" he had to answer that day. Mr. Campbell rose to re-examine a witness, as his young friend concluded his statement; and, in rising hastily whispered, "Your case is that of 4 Term Reports." The latter called for a copy of the volume referred toglanced over the marginal abstract of the case quoted -made a minute of it, and left the court-his puzzled countenance cleared up, doubtless to earn his "two guineas in a trice."

V.

SECTION VII.

HOW TO ACQUIRE THE ART OF EFFECTIVELY STATING, VIVA-VOCE, FACTS AND ARGUMENTS.

"Now I would give a thousand pounds," said, with a sigh, a very learned and gifted friend to the author, after listening to an harangue at a tavern meeting, delivered by a mediocre mob-orator-" now I would give a thousand pounds to be able to make such a clear and connected extemporary statement of facts as that fellow who has just done speaking. What a farce it was for me to think of going to the Bar!" -The author made no reply, for he was too sensible of the justice of the observation.

Acquire this habit, good student, if you have it not-anxiously cultivate it if you have,—or save the stamps and other expenses of a call to the bar-or sell your wig and gown if you have precipitately purchased them. How lamentable is it to see a man of great talent and learning, unable to acquit himself even creditably in this respect-possibly on the most trivial occasions rising embarrassed-confused-stuttering and stammering, uttering "vain and idle repetitions," with the agonising accompaniments of “a—a—a,” and sitting down, bursting with vexation and disappointment! However clear may be a man's conceptions, however consecutive his thoughts, however thorough and extensive his knowledge, he