Take, for instance, the first case which occurs to us--that of Carvalho v. Burn, 4 B. & Adol. 382. A, who resided at Liverpool, was in the habit of making consignments of goods to B, his agent in South America, for sale; on the faith of, and against which, consignments, A drew bills proportioned to their amount, to be paid by B, his agent, out of the proceeds and the bills were negotiated by the indorsements of C, A's correspondent in London. Some of the bills so indorsed were refused acceptance by B. C, on receiving information that they had been so dishonoured, requested that A would order B in case he did not pay A's drafts, immediately to hand over to C's agent, such property as B had of A's, equivalent to the bills, which should not be paid by B; and A agreed to do so. Thus far all is plain sailing. Let the student, now, imagine the death, or bankruptcy, of A, B, or C, either before or after the accepting or indorsing the bills-or the consignments of goods-or otherwise vary the arrangements between the parties, and see what would then be their respective rights and liabilities. Let us, for instance, put the case which actually happened, viz., that A, between the time of giving his order, to transfer the goods, and that of the arrival of that order in South America, had become bankrupt,-what would be the consequence of such an event ?-Did the bargain between A and C operate as an assignment of the property in A's goods, then held by his agent B? Or did the goods continue to be A's property at the time of his bankruptcy, and consequently go to his assignees? *-Or suppose that

* The latter was held to be the case, on the ground that there is a difference, as against the assignees of the bankrupt assignor, between an equitable assignment of chattels specifically ascertained, and an agreement to satisfy a particular demand by the transfer of an equivalent portion of chattels not

B had, before the receipt of the order, sold the goods, and the order had been for so much of the proceeds as would cover the debt due to C; would C have been, under these circumstances, entitled to the money? *

He

There cannot be a better preparative than this, for the student who meditates an early entrance into court. will have been so accustomed, as it were, to take himself by surprise, that he will be prepared for the "chances of the war,”—he will suffer no one else to take him by surprise. If a judge suddenly propose to him an ensnaring question, he will be ready and dexterous, while another would be posed, and either faintly stammer forth a ridiculous reply, or sink, in silly silence, into his seat. A small affair of this kind once happened—inter nos-to the author. He had occasion, soon after commencing practice as a pleader, to appear before a judge at chambers; and had arranged in his mind a "neat and appropriate" statement of the case -which he was about to commence, when an ugly query, varying the aspect of facts, in a very alarming way, was started by his Lordship:—whether or not the author acquitted himself satisfactorily, he sayeth not: but well recollects blessing himself, that he was not in open court, but at a dingy little chamber at Serjeants' Inn, and before a very good-natured judge! On returning to chambers, he happened to cast his eye upon a passage in a familiar text-book, which had he but recollected it five minutes before,-why

It is so constantly now the habit with the judges, to

specifically ascertained.

The case in the text was affirmed by a Court of Error. See 1 Ad. & Ell. 895; and as to the principle thereby established, see Smith's Merc. Law, p. 615, and ib. note (o), 3d ed.

• See Crowfoot v. Gurney, 9 Bing. 372, and Best v. Argles, 4 Tyr. 256.

interrupt counsel in the course of their argument, by suggesting questions, and putting cases, which are often very trying and dangerous to those who have not either had long experience, or have accustomed themselves to continuous reading and thought in private, that it is comparatively useless to prepare a complete argument beforehand. Nothing is a more satisfactory test of legal ability, however, than the readiness with which such sudden and unexpected objections are answered. If the train of a man's ideas be on these occasions altogether interrupted-it is clear, either that he is not sound and firm in his law, or lacks that clear-headedness, confidence, and presence of mind, which are essential to forensic success.

While, however, the student is anxious to acquire the habit of looking at facts in a legal point of view, he is cautioned against pushing it too far, and falling into a captious, quibbling, crotchetty humour. He must remember that there is a common sense view to be taken of even the most complicated facts-one which the judges themselves are always anxious to take, and to present to a jury. Medio tutissimus ibis. Many men are very successful at the bar, especially at Nisi Prius, merely through possessing this valuable faculty.

SECTION III.

HOW TO ACQUIRE A FACILITY OF REFERENCE.

"KNOWLEDGE is of two kinds," said Dr. Johnson ;* “ we know a subject ourselves, or we know where we can find information upon it."

:

This is especially applicable to the study and practice of the law for in the vast multiplicity of its topics, what memory can, especially in the early stages of study or practice, pretend to an adequate familiarity with a thousandth part of it? A facility of reference will in a great measure compensate for this deficiency—and as the acquisition of that facility may certainly be expedited, it will be the Author's endeavour, in this section, to offer a few little practical expedients and suggestions, toward the advancement of so desirable an object.

When a "case" is put into the hands of the young student, unless his tutor happen to be near, to assist him, he will be often utterly at a loss in what direction to look for the law on the subject-and may possibly spend hours in turning over book after book, in the vain hope of lighting upon something "in point." Few things are so calculated to fret and dishearten a student, as frequent unsuccessful researches of this kind. Let, therefore, one of his earliest objects be to familiarise himself with the leading heads of law, so that, on reading over any statement of facts, he may at least know in what quarter to look for information-as, Principal and Agent-Stoppage in Transitu-Tender-Set-off-Agreements-Bills of Exchange-Death of Parties-&c., &c., &c., as enumerated

Boswell's Life of Johnson, vol. iii. p. 75.

in the Table of Contents in any of the leading works of reference.

He must make a practice of carefully running his eye over the chief and sub-divisions, down to the very sections, and endeavour to retain as distinct an impression as he can, of the kind of matter to be found in each. When he has been led into a long and close investigation on any particular point, let him endeavour to bear in mind-so to speak-the traces of the country he has quitted, in order that, on a future visit, he may be able to find his way about readily. Let him strive to recollect the trains of thought -the suggestions and associations which led him from step to step in his researches, till at length he discovers what he sought; an effort this which, constantly repeated, must not only serve to fix in his mind valuable information, but also sensibly improve his memory. When any statement of facts is laid before him for an opinion, the student must as he goes over it, strive to refer particular topics to their appropriate departments: e. g.-" Waiver of notice to Quit -Sale of goods by sample-Principal's right as against agent-Admission by agent," &c. It may be perhaps a somewhat intricate mercantile case respecting an agent's sale of goods by sample; in which the buyer disputes, inter alia, the right of the undisclosed principal to maintain an action, &c. &c. Possibly the pupil had, not long ago, occasion to go over the whole province of Principal and Agent law, and recollects the precise spot where there is a little heap of decisions on the main point in his present case -viz. the subsequent recognition of his agent's authority, by an undisclosed principal. Thither, therefore, he turns -finds a case-say Grogan v. Wade-underscored; and on turning to that case in 2 Starkie's Reports, p. 443, dis