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the uninitiated into the belief that there were | tical knowledge, quickness of perception, undoubtless good reasons by which such a course, erring sagacity, and immoveable self-possesson, having been reluctantly adopted, was morally enabled him, without any apparent effort or unjustified. This topic naturally leads to some easiness, to remove that impediment almost as observations upon the consummate skill, the soon as it was discovered, and conduct his wonderful rapidity of perception, precision of case to a triumphant issue. He was, indeed, movement, and unfaltering vigilance, which the perfection of a practical lawyer. Whatever characterised Sir William Follett's conduct of he did, he did as well as even his most exactbusiness. Doubtless his own consciousness of ing client could have wished-he won the possessing powers and resources far beyond battle, won it with little apparent effort, and those of the majority of counsel opposed to with unfaltering grace and dignity of dehim, as evidenced in his extraordinary suc- | meanour. A gentleman felt proud of becesses, contributed, in no small degree, to his ing represented by such an advocate-who maintenance of that composed self-reliance, never descended into anything approaching and forbearance towards others, by which he even the confines of vulgarity, coarseness, or was so peculiarly distinguished, and which was personality who lent even to the flimsiest aided by a naturally tranquil temperament. case a semblance of substance and strength What advantage could escape one so uniformly-whose consummate and watchful adroitness and surprisingly calm, vigilant, and guarded as placed weak places quite out of the sight Sir William Follett?"
and reach of the shrewdest opponent, and "It might have been supposed that a man never perilled a good case by a single act of so overwhelmed with all but incompatible pro- incaution, negligence, rashness, or supererofessional engagements, could not give to each gation. When necessary, he would prove a case that full and undivided attention which case barely up to the point which would suffice was requisite to secure success, especially to secure a decision in his favour, and then against the ablest members of the Bar, who leave it-equally before the Court and a jury— were constantly opposed to him. It was, how the result afterwards showing with what conever, far otherwise. No one ever ventured to summate judgment he had acted in running calculate upon Sir William Follett's overlook- the risk-the latent difficulties to have been ing a slip or failing to seize an advantage. afterwards encountered which he had avoided, totus teres atque rotundus must indeed have the collateral interests which he had shielded been the case which was to withstand his on- from danger. He possessed that sort of intuislaughts. So accurate and extensive was his tive sagacity which enabled him to see safety legal knowledge, so acute his discrimination, at the first instant of its existence-to be conso dexterous were all his movements, so lynx-fident of having the judgment of the Court, or eyed was his vigilant attention to what was the verdict of the jury, when others deeply ingoing on, that the most learned and able of terested and concerned in the cause imagined opponents were never at their ease till after that they were making no way whatever." victory had been definitively announced from the Bench-from a Court of Error-or even the House of Lords. They were necessarily on the alert to the latest moment."
"No member of the Bar, let his experience and skill have been what they might, was ever opposed to Sir William Follett without feeling, as has been already intimated, the necessity of the greatest possible vigilance and research to encounter his boundless resources, his dangerous subtlety and acuteness in detecting flaws, and raising objections; his matchless art in concealing defects in his own case; and building up, with easy grace, a superstructure equally unsubstantial and imposing, and defeating all attempts to assail or overthrow it. Even very strong heads would be often at fault, conscious that they were the victim of some subtle fallacy, which yet they could not at the moment detect and expose; and by their hazy and inconsistent efforts to do so, only supplied additional materials for the use of their astute and skilful enemy, to whom nothing ever seemed to come amiss; who converted everything into an ingredient of success; whom scarce any surprise or mischance could defeat or overthrow."
"In the most desperate emergencies, when the full tide of success was arrested by some totally unlooked-for impediment, his vast prac
"He required, for the purposes of justice, to be followed by a watchful and strong-headed Judge, who could detect the cunning fallacy, or series of fallacies, which had led the jury quite astray from the real points-the true merits of the case; and even such a person was often unable to remove the impression which had been produced by the subtle and persuasive advocate whose voice had preceded his. That voice was one indeed lovely to listen to. It was not loud, but low and mellow, insinuating its faintest tones into the air, and filling it with gentle harmony. His utterance was very distinct--a capital requisite in a speaker and he had the art of varying his tones, so as to sustain the attention of both Judges and juries for almost any length of time. His person and attitudes, also, were most prepossessing. Their chief characteristics were a calmness and dignity which never disappeared in even the most exciting moments of contest, and of irritability, and provoking interruption. Woe, indeed, to one who ventured to interrupt him! However plausible, cogent, or even just, might be the suggestion thrown in by his ad versary, Sir William Follett contrived to make it tell terribly against him, either harmonising it with his own case, or showing it to be utterly inconsistent with that of the interrupt- · ing party."
Review: Warren's Miscellanies.-Law of Attorneys and Solicitors.
"You felt him to be a man whom you could neither neglect nor trifle with; who was addressing your intellect in weighty words, fathoming your intentions, and detecting your inclinations and prepossessions, and leading you in some given direction with gentle but irresistible force. He would often startle you with the boldness of his propositions, but never till he had contrived, somehow or other, to predispose you in favour of that view of the case which he was presenting. He had a most seductive smile; truth, candour, and gentleness seemed to beam from it upon you; and you were convinced that he felt perfect confidence
in the goodness of his cause! He evinced
a sort of intuitive sagacity in adapting himself to the character and mode of thinking of those whom he addressed. If he were standing before four Judges, all of different but decided characters-and all continually interrupting him with questions and suggestions, a close experienced observer could detect, in full play, in this wily advocate, the quality which has just been mentioned. He was never irritable, or disrespectful to the Bench, however trying their interruptions; but calm determination was always accompanied with courteous deference for judicial authority. It is believed that no one ever heard a sharp expression fall on Sir William Follett from the Bench."
The memoir of Mr. J. W. Smith is one of the most interesting examples of biographical writing that we have ever read, and cannot fail to be highly gratifying to the numerous friends of that lamented lawyer in both branches of the Profession. Mr. Smith's career at the Bar is traced with remarkable fidelity, though coloured by a friendly hand; but it was scarcely possible to sketch too favourably the features of his -clear and acute intellect, or his eminent learning and attainments as a lawyer and a scholar.
State trials for high treason, including those of O'Connell, O'Brien, and Oxford-the notices of which are accompanied by highly appropriate and profound commentaries. The Romance of Forgery" is a marvellous story of one Alexander Humphreys, claiming the title of the Earl of Stirling, and the documentary and other testimony in support of the claim are stated and discussed with peculiar skill and acuteness.
will be interested in the "Tale of the The general reader, as well as the lawyer, Bracelets," the "Paradise in the Pacific,” Speculators among the Stars," the Martyr Patriots," and the Review of " Uncle Tom's Cabin." "Calais" is a most amusing description of a traveller's first appearance on the continent, with deficient funds, and an imperfect knowledge of the language.
The subject of "Duelling," relating to the trial of Lord Cardigan, we have already noticed." The "Historical Criticism on the Duke of Marlborough is just and discriminating; and the "Recollections of Christopher North" must attract and gratify every reader of Blackwood, and indeed every one who has ever read the charming works of that giant of modern literature. We need scarcely add to this imperfect sketch of the contents of these volumes, that we heartily recommend them to the perusal of all our readers.
LAW OF ATTORNEYS AND
DUTY TO ENROL ARTICLES OF CLERK.
THIS was a claim on behalf of a solicitor, for the amount of premium on the defendas equitable mortgagee of certain property, ant being articled to him, and now came on upon appeal from Vice Chancellor Stuart.
Lord Justice Bruce said :
The "Notes of the Circuit" are also admirable, and so are all those articles which relate to our Criminal Jurisprudence. In the "Problem on Circumstantial Evidence" the facts and circumstances are analysed and dissected with extraordinary skill. The "The dispute originated and exists between "Press-Room Sketch" is a fearful exhibi- an attorney and solicitor and a gentleman who tion of human crime and suffering. The is or was his articled clerk. The defendant Mystery of Murder and its Defence" re- Legal Profession, was articled to Mr. Puddichoosing, or having had chosen for him the lates to the case of Courvoisier, the assassin combe, with whom he appears to have reof Lord William Russell, and his defence mained a year or two. From some unexplained by Mr. Charles Phillips-all the circum- cause Mr. Puddicombe and he parted, and I stances of which are here brought under collect that the defendant went to India whence our notice with great force and clearness, he returned in 1848 or early in 1849. On his and the vindication of Mr. Phillips from the cruel calumny, so long circulated against him, conclusive and triumphant. It has utterly annihilated the charge. A large part of the second volume is devoted to several of the most remarkable modern
return from India he made or renewed an acquaintance with the plaintiff; and appearing sion, he placed himself in the plaintiff's office then to have thought of resuming his profesas clerk, and as I suppose gratuitously. After
2 Vol. xlix. p. 498.
he had remained there some time, the articles in question were executed, by which the defendant became the articled clerk of the plain tiff for five years from September, 1849 (when the defendant was in his 23rd year), in consideration of a premium of 150l. By the articles this premium of 150l. is mentioned as having been received, and the defendant is expressed to be released from it in the usual form. It was not, however, paid. But the articles were accompanied by a memorandum, not under seal, promising to pay the amount, and also by a document, the subject of the present suit, viz.,-an agreement to charge by way of equitable mortgage certain property of the defendant with the 150l. This was in September, 1849. The service appears to have continued for some months, not however with satisfaction to the plaintiff, for it is to be inferred from the evidence that the defendant's habits were irregular and idle. A letter of remonstrance, which is in evidence, strengthens this view. At last, in 1850, the defendant quitted the office, and his employment was never resumed. His departure was final, and the separation seems to have been equally agreeable to the plaintiff and himself. But the 150l. remained unpaid. The service, such as it was, I repeat, was to be taken as having commenced in September, 1849, and continued to some time in 1850. The plaintiff having still thought it right, though the service was discontinued, to demand the premium, which it was inconvenient or not agreeable to the defendant to pay, brought an action for it, and the action was met by three pleas :-1st, never indebted,' true or untrue; 2ndly, payment,' utterly untrue; 3rdly, a release,' namely, the deed which had, against the truth of the case, acknowledged the money to have been paid. The plaintiff was advised, and perhaps correctly advised, that it was vain to pursue the action under such circumstances, and accordingly suffered a non. pros. to be entered, and thereupon he filed the present claim, for the purpose of making available the equitable mortgage which I have mentioned. It was met by a defence upon affidavits, charging the plaintiff with gross neglect of his duty to the defendant, habitual drunkenness immorality, profligacy, and incapacity, in terms so gross and to such an extent, that it is impossible in my judgment not to impute to this testimony the most censurable exaggeration, to use the lightest term. This led to other affidavits on the part of the plaintiff, and much evidence of more or less relevancy is thus imported into this unhappy suit.
Fortunately there is a fact which, in one view of the case, is sufficient, according to my judgment, to dispose of it; namely, that the attorney and solicitor did not make or cause to be made the requisite affidavit for enabling the articles to be enrolled, and accordingly they were not enrolled. Now, the Act of the 6th & 7th of the Queen provides, that whenever any person shall, after the passing of this Act, be bound by contract in writing to serve as a
clerk to any attorney or solicitor as aforesaid, the attorney or solicitor to whom such person shall be so bound as aforesaid shall, within six months after the date of every such contract, make and duly swear, or cause or procure to be made and duly sworn, an affidavit or affidavits of such attorney or solicitor having been duly admitted, and also of the actual execution of every such contract by him the said attorney or solicitor and by the person so to be bound to serve him as a clerk as aforesaid, and in every such affidavit shall be specified the names of every such attorney or solicitor and of every such person so bound and their places of abode respectively, together with the day on which such contract was actually executed; and every such affidavit shall be filed within six months next after the execution of the said contract with and by the officer appointed or to be appointed for that purpose, as hereinafter mentioned, who shall thereupon enrol and register the said contract, and shall make and sign a memorandum of the day of filing such affidavit upon such affidavit and also upon the said contract.' The Act also provides (s. 9),-"That in case such affidavit be not filed within such six months, the same may be filed by the said officer after the expiration thereof, but the service of such clerk shall be reckoned to commence and be computed from the day of filing such affidavit, unless one of the said Courts of Law or Equity shall otherwise order.'
"In the present case, the six months had passed before the defendant had finally quitted the office and employment of the plaintiff, and accordingly, therefore, the service of the defendant could not count, except from a time which never arrived, namely, the period when the affidavit should have been filed for the purpose of procuring enrolment; unless a Court, in the exercise of its discretion, should order that the affidavit might be filed subsequently, as allowed by the Statute. It is impossible for us to say whether, in a state of things which never existed, the Court would have so ordered; and accordingly the defendant never has been in a position in which his services could count, and I must hold that position to have been occasioned by a neglect on the part of the plaintiff; a duty thrown upon him by Act of Parliament. It would have been incumbent on the plaintiff to perform this duty, if the defendant had been a minor, and it not the less became the attorney's duty because the clerk happened not to be a minor, and happened to have received some previous instruction, and to have had some previous experience. Now, whether if this case had been made in a Court of law, the circumstances would have been a defence, I am not here to consider. But I apprehend that a cross action might have been brought by the clerk against the attorney for a neglect of duty to the disadvantage of the clerk. We are not bound to send the parties to a Court of law, either by reforming the deed or upon admissions; for whatever doubt may at any
Law of Attorneys.-Law of Costs.-Questions at the Examination.
former time have existed on this point is now removed by the 62nd section of the Act for the improvement of the practice in Chancery. "My impression, formed upon the undisputed facts is, that if this matter had arisen before a Court of law in a shape calculated to raise the point, either in one action, if in one action it could be tried, or in an action and a cross action, if in one action it could not be tried the result would have been that the attorney could not have recovered, or if he had he would have lost in the one what he would have gained in the other.
"The consequence, without entering into more prolonged investigation of the matter, is that the title of the plaintiff has failed. An undertaking has been given. From this undertaking I see no reason to relieve the defendant." Dufaur v. Sigel, 4 De G. M'N. & G. 520.
LAW OF COSTS.
UNDER LANDS' CLAUSES' ACT.-ARBI-
IN' an arbitration under the 8 & 9 Vict. c. 18, ss. 25-37, if the arbitrator award, in respect of part of the landowner's claim for compensation, a larger sum than the company offer in respect of that part, and at the same time award, as to another distinct part of the claim, in respect of which the company offer nothing, that the landowner has suffered no damage,
the landowner is entitled under s. 34, to those costs only of the arbitration which are incident to that part of his claim in respect of which compensation has been awarded. Regina v. Biram, 17 Q. B. 969.
OF DEFENDANT'S PARTICULARS OF OBJEC-
In an action for the infringement of a patent, the 43rd section of the 15 & 16 Vict. c. 83, makes the certificate of the Judge, who tried the cause, that the defendant's particulars of objections have been proved by the defendant, à condition precedent to his right on taxation to any costs in respect of such particulars even in the case of a nonsuit. Honiball v. Bloomer and others, 10 Exch. 538.
of the law to which you have principally applied yourself during your clerkship.
3. Mention some of the principal law books which you have read and studied.
4. Have you attended any, and what, law lectures?
II. COMMON LAW AND PRACTICE OF THE
5. What do you understand by the words "Common Law?"
6. What alterations in the Law of Evidence have been made by the recent Statutes?
7. What is the proper course to pursue to prevent the operation of the Statute of Limitations where a defendant has not been served with the writ?
8. Can a person obtain an injunction at law, and in what cases?
9. What course may be adopted to obtain a discovery from the opposite party personally in an action at law?
10. What is now the law with respect to the proving of instruments by the attesting witnesses?
11. What circumstances preclude a person from a successful application to set aside process or proceedings for irregularity?
12. Where a year has elapsed since the last proceedings in an action, what notice is required to be given by the party seeking to proceed?
13. When the defendant pleads the general issue intending to give special matter in evidence by virtue of an Act of Parliament, what particulars should accompany the plea?
14. Has a judgment creditor any, and what, means of getting at debts which may be owing to the judgment debtor, and what is the course which he should adopt?
15. "I guarantee the payment of any goods which C. D. may deliver to A. B."-is this a good guarantee ?
16. Upon what principle does the liability of a husband upon his wife's contract rest, and in what cases may a wife be regarded as the general agent of the husband?
17. Within what time must error be brought to reverse a judgment, and what exceptions are there to the limit?
18. What is a feigned issue? in what case is framed? it resorted to? and by what authority is it
19. Explain the difference between a verdict and a judgment.
20. What is an estate tail? By what words is it created, and what words constitute an
QUESTIONS AT THE EXAMINATION. entail general, and what an entail special?
Trinity Term, 1855.
1. WHERE, and with whom, did you serve your clerkship?
2. State the particular branch or branches
21. What power of disposition has a tenant in tail over entailed property, both as regards his own estate tail, and all remainders over, and distinguish the case where there is a protector of the settlement from the case where there is no protector?
22. By what method of conveyance is the
power of disposition of a tenant in tail at the present day to be exercised?
23. State the searches which should be usually made on a purchase of freehold property.
24. Give a general sketch of the devolution of personal property according to the Statutes of Distribution. What was the position, legal and equitable, of an executor in respect of residue undisposed of by the will previously to the Statute 11 Geo. 4, and 1 Wm. 4, c. 40; and what alteration did that Statute make?
25. Where an intestate dies seised of real estate, leaving children, state the law of descent according to the Common Law, and mention certain exceptional lines of descent allowed by
26. In a sale of land by trustees, what covenants can be required of them in the conveyance?
27. What is required by the Statute of Frauds, to constitute a valid agreement as to lands?
28. How are the requisitions of the Statute of Frauds complied with at an auction as usually conducted.
29. What are the proper modes of mortgaging freehold, leasehold, and copyhold estates? State them severally.
30. By what methods alone can a will be revoked under the late Statute of Wills, 1 Vict. c. 26?
31. State generally, the more important provisions of the late Statute of Wills, and point out the alterations effected thereby.
32. A. dies seised of real estate and intestate, leaving a father, a sister of the whole blood, and a brother of the half blood. Upon whom would the estate have descended previously to the operation of the late Inheritance Act, 3 & 4 Wm. 4, c. 106; and upon whom would it descend subsequently thereto ?
33. To whom, in the absence of any special custom to the contrary, do the timber and minerals upon and under the waste lands of copyhold manors belong, and to whom the timber and minerals under copyhold lands?
34. An estate is limited to A. for life, and after his death to the heirs of his body, what estate does A. take?
35. What are the several modes of commencing a proceeding in Equity according to the present practice? Mention the first step in each proceeding.
36. In a case where a defendant neglects to answer, or puts in an insufficient answer, to a bill, how would you proceed to compel an answer, and a complete answer, according to the present practice?
37. In what case would you demur to a bill instead of answering? And state how a demurrer differs from an answer in regard to the facts alleged in the bill.
38. How does the Court administer assets
as between judgment, bond, and simple contract creditors, and as between judgment creditors themselves, though of different priorities of date?
39. How is an Irish judgment regarded in the administration of assets in England?
40. State the course of distribution of an intestate's personal estate in the following cases: where there is a wife and children-where there is a wife and collaterals only-where there is no wife or children, but a father, and brothers and sisters-where there is no father, but a mother, brothers, and sisters, and children of a deceased brother or sister.
41. Explain the doctrine of election as applied in a Court of Equity. Take a case where it arises under a will.
42. State some cases in which relief can only be obtained in a Court of Equity.
43. In the case of the breach of a contract for the sale and purchase of an estate, what is the remedy in equity as distinguished from the remedy at law?
44. In the case of a contract for the sale and purchase of a freehold estate, where the vendor dies before conveyance, who is entitled to the purchase-money, the heir or devisee, or the personal representative, and if the purchaser dies before conveyance to whom does the estate go, and by whom is the purchase-money to be paid?
45. If a husband assign his wife's reversionary equitable interest in personals, and die before the reversion falls into possession, will the right of the wife be affected thereby, if she survive?
46. In the case of a trust of money for the separate use of a woman free from the control of any husband, with a provision against alienation, would the restriction prevail if she is single when the interest vests in her, and would it exist during a subsequent coverture, and would it continue in force if she afterwards became a widow?
47. State a case in which money is treated in equity as real estate, and a case in which land is regarded as personal estate.
48. Where no time of payment or rate of interest is expressed in a will, at what period is a legacy payable, and from what time is the legatee entitled to interest, and what would be the rate of interest?
49. In what case will a legacy not lapse by the death of a legatee in the lifetime of the testator?
V. BANKRUPTCY AND PRACTICE OF THE COURTS.
50. State generally the object of the Bankruptcy Laws: 1st, as regards creditors; 2nd, as respects the bankrupt himself.
51. What are the principal Statutes of recent date respecting bankrupts ?
52. Point out the principal new matters which were introduced into the Bankruptcy Law and proceedings by the Act of 1849.
53. What are the three conditions required to constitute a bankrupt?