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79. Advice on the Study and Practice of uncandid as to form their opinion of his the Law: with Directions for the
more honourable contemporaries. The Choice of Books. Addressed to Attor- profession of the Law was for many neys' Clerks. By William Wright. years so degraded by illiterate and disSecond Edition, enlarged. 8vo, pp.
honest Attorneys, that to correct the. 180. Taylor and Hessey.
abuses introduced by those men, the in
terference of the Legislature was neIN the minds of well-disposed cessary; and an Act of Parliament Youth entering upon any profession passed,' relative to Attorneys' Clerks, or employment, there naturally exists which is likely to produce effects very a spirit of inquiry, and an enthusias- beneficial to this Country. The profestic ardour to acquire a competentsion will become more respectable as it, knowledge of its principles. That becomes more learned ; and it is the this disposition should receive every duty of each of its members to contribute possible assistance and encourage.
to raise it in the estimation of mankind. ment, is, on all accounts, obviously The great inconvenience and loss which important. In the arduous and coin many families bave to lament from the plicated profession of the Law, parti- ignorance of Attorneys, is of itself a sufgularly, without able directions and
ficient cause that some atteinpt should
be made to diffuse useful and elementary, judicious advice which may be continually resorted to, the Student, those who are at this time in their
as well as practical knowledge, among however ardent and industrious, is Clerkship." likely soon to be bewildered and disgusted, or at least to fail of attain.
In a sensible Preface, the Author ing any considerable proficiency:
concisely enumerates the several pubmuch time will, probably, be spent
lications on the study of the Law on books which will ill reward bis gentlemen of the Bar, and contain
(some of which are addressed to the diligence, and serve rather to perplex and impede his progress than to sup
no practical hints for the use of Atply him with valuable information.
torneys' Clerks, por information on And although, it is true, the power of branch of Conveyancing in particular:
the choice of Books), and on the genius sometimes overcomes all ob
these labours, however, it is sugstacles, such instances must be regarded as rare exceptions from a
gested, have not superseded the negeneral rule. These considerations cessity of further advice more immay be sufficient to evince the utility Clerks.
mediately applicable to Attorneys' of such a work as the present by a gentleman of experience in the pro In the Introduction, whilst inculfession : but the reasons which Mr. cating the necessity of diligence and Wright gives in bis Introduction are perseverance in study, some examples conclusive on this head :
are adduced of professional men have “ Many sensible men have lamented disadvantages, and attained the high
ing successfully encountered great the disadvantages under which an Attorney's Clerk enters upon the study of
cst eminence by the mere force of the Law. He is taught by form or pre not uninteresting; and may
their own talents. The passage is cedent, rather than by principle. He is made to copy precedents, without know to rouse the industry, and stimulate ing either their application, or those rules the exertions, of every ingenuous on which they are grounded. When he youth in the pursuit of knowledge.” begins to prepare draughts, he is led to “ To gain a knowledge of the Law, expect all his inforniation from these much time and studious attention are forms; and his knowledge is in the end necessary. Let the young Clerk reas limited as the means by which he has member that honourable distinction been instructed.' (Preston on Convey- cannot be otherwise acquired; and that ancing, pref. ix.)-Ignorant and illiberal his success will depend upon his own expractitioners there will be, so long as ertions. If he be industrious, he will be there are men who spend their youth in learned. If he be virtuous, he will be idleness or trifling'amusements, instead happy. Biography will teach him, that of industriously studying", those books many, with perhaps more disadvantages from which alone a knowledge of the than he has to encounter, bave attained principles of jurisprudence can be ob- the highest eminence. Saunders was a tained. An Attorney of this description beggar-boy, taught to write by Attorwill be justly despised : but from his neys' Clerks in the Temple, and, after conduct, unfortunately, many will be so serving a clerkship, and practising with GENT. MAG. June, 1815.
success at the 'Bar, he was made Chief the volume to any others than those, Justice; and has left behind him some to whom it is expressly addressed, we of the best Reports extant.
may without impropriety assert that Willes said of this Lawyer,' that he
young men of any profession cannot was so very learned a man, and so well
but be benefited by an atteutive skilled in pleading, that no authorities
perusal of it. It is unnecessary for us were necessary to be mentioned after him.' Sir John Strange, Lord Hard
to point out more particularly the wicke, Lord Ruden *, Lord Kenyon, and subjects of the several chapters; and Lord Ashburton, arrived at the highest should attempt an analysis of the
it will hardly be expected that we Judicial situations, tbough accustomed in their youth to the labour of copying advice and cautions which the work in an Attorney's Office. Two of the contains: we shall, however, extract. Judges who now preside in our Courts of a few passages, which, as it is conJustice were Attorneys' Clerks. - If we ceived, will afford sufficient grounds turn our eyes to those who rank with for the favourable opinion we enterthe inost eminent among the Conveyan-' tain of the work, and at the same cers, Special Pleaders, Equity Drafts- time display the sound judgment, the men, and Advocates of the present day, correct pripciples, and ibe liberal we shall find in each of these depart. sentiments of the Author. ments men who have been Clerks in Attorneys' Offices, and who, notwith
In the Chapter “ on the Study of standing the disadvantages of their situa- History," a very necessary caution tion, have attained their present rank in is given with respect to two celebrated their profession, by pursuing a more
modern Historians : liberal and laborious course of study “ In the perusal of the polished Histhan has been usually chalked out for tories of Hume and Gibbon, care should Attorneys."
be taken that the imposing style and The volume is divided into the fol. deistical observations of the Authors do lowing heads or chapters:
not ingraft on the mind sentiments reOn Industry, and Temperance ; on
pugnant to the interests of mankind, Study; on the Study of the Law of Na
and the dictates of true religion. This ture and Nations; of History; on the will be very necessary, as they have old Law Books ; on the Study of the
taken every opportunity of insinuating English Consuitution; -of the English contempt for the doctrines of ChristiLaw ;-—of the Civil Law; on Common- anity: and the style and method of place Books; on Practice, and on at their Histories have gained them many tending Courts of Justice; on Parlia- admirers. Their works certainly contain
much useful knowledge, accompanied mentary Business; on the old Court Hands; on the Latin Language; on the by very acute reasoning; but sometimes Study of the Classics ; on attaining a
they have drawn false conclusions from knowledge of the Latin Language; on
ascertained facts; and it may with jus, Short-hand Writing; on Company; on
tice be said, they have on some occathe Professional Duties of Attorneys: evidence, and to cover misrepresenta
sious laboured to suppress important on the reciprocal Duties of Attorneys tions with the appearance of truth. and Clerks; on Exercise.
These errors are not very numerous, but It will be perceived by this sum they are often of very great importance, mary of the Contents, that the Au
and likely to escape detection by a tyro; thor does not confine himself to mere
and therefore many well-informed men professional advice: indeed, the va may think it advisable, that, instead of lue of the book is greatly increased Hume, Henry's History of Great Britain, by the friendly admonitions respect. with Andrews's Continuation, should be ing general conduct which are inter, read; and that the perusat of Gibbon spersed throughout -- and though it should be postponed till the judgment might appear strange to recominend of the Student has become more mature,
and he has obtained more leisure to de“Strange, Roden), and Hardwicke, vote to the examination of it." were Clerks to an Attorney of the name of Salkeld, who resided in Brook-street,
With respect to controversial works, Holborn ; and Lord Mansfield entertain
some judicious advice is given in the ed so high an opinion of the latter, that
chapter “ on the Study of the Engbe often observed, When Lord Hard- lish Law:” wicke pronounced his decrees, Wisdom " The professional Student should herself might be said to speak.' Butler's not enter hastily upon works of a conHore Judic."
troversial description : these should be
left on the shelf, till the mind.is weļl tive of advantage either to the parties or stored with knowledge, because the first to society. which he might happen to take into bis “ It will not always be prudent to hands would probably appear to him to advise men to proceed at Law, though have espoused the right side of the ques. you could ensure success. Most cases tion. Controversial books are generally are doubtful; and even where there ap. written by ingenious men; and they pears no doubt, if the redress to be obmay mislead the Student without being tained is of little value, the costs of practically useful, because ingenious seeking it will exceed its worth when reasoning too often usurps the place of obtained, and a client, unless he is established cases and solid arguments. wealthy and fond of litigation (and there Befure considerable advances in study are many men of this character), bowhave been made, and wbcre opportuni ever anxious he may be to commence, ties of reference are not often afforded, is generally willing to compromise bethe Student implicitly relies on the Au- fore bis suit is ended. Our duty on such thor he is reading: he is not capable of occasions is plainly and truly to point arguing the point with bim as he pro out the probable advantages of a verceeds; and he cannot detect his errors, dict, with the disadvantages from an by bringing forward authorities wbich unexpected failure, and the difference may bave escaped the controversialist's between costs which must be paid by attention, or wbich, from regard to a the client, and what will be allowed favourite hypothesis, he has suppressed." on taxation. With this information let There is much good sense in the
a client proceed as he pleases : if he is following observations in the Chapter
an opulent man, he may not be mucha " on the Study of Civil Law:"
injured or dissatisfied with his Solicitor,
thougb unsuccessful; but, if he is poor, “In every profession different kinds
he may be almost ruined even by gainof learning are useful, though to com
ing a verdict; and, as an additional obmon understandings they would not ap
stacle to law-suits, let it be remempear to bear much, if any, relation to it; bered that the mind of all men is in and they tend to enlarge the powers of some degree disturbed when they are penetration and judgment. A mind well engaged in expensive litigation. cultivated has an extensive grasp, which Wben consulted professionally, a seizes at once every decision and argu- young Attorney should not, if he can ment that bears fairly on a case, and
avoid it, give his opinion hastily, but thus ensures accuracy and stability to consider and re-consider. All the cases all its serious and mature conclusions.
in the memory of a well-read man will But a narrow understanding, unac not at all times present themselves, quainted with elementary principles, is and a little thought may cause an alteconfused and perplexed by every coin ration in that opinion, upon which mon occurrence, and is busied only in sometimes the welfare and property of little things and quibbling objections, a client and his family depend. But, which cannot stand against able and
when he does advise, let him give bis well-applied reasoning, the sure reward
advice honestly, and suffer no unworthy of time which has been judiciously and
fear of incurring any man's displeasure diligently employed."
to make him swerve from the duty In the Chapter “ on Practice, and which he owes both to his client and on attending Courts of Justice,” the himself. He who deceives his client on Author ably controverts the notion any occasion, cannot reconcile such entertained by some professiooal Gen: practice with the truth and honesty tlemen, that« practice claims the
to wbich he solemnly pledges himself on Student's most particular attention ;
his admission.” that theory or study is of little con The prevalent practice of " a Vensequence to an Atlorney; and that dor's Solicitor introducing into bis any knowledge which is necessary conditions and contracts, for the sale may, without trouble or expence to of estates, a compulsory clause, that himself, be easily acquired."
the Purchaser shall (whuetver may The Chapter “on the Professional be his opinion of his abilities or che. Duties of Attorneys” is extremely
racter) empley him to judge of the valuable and important.
validity of the vendor's title, and lo "An Attorney should commence his
prepare his conveyance-deeds," is very professional labours with the laudable properly reprobated. resolution of preventing litigation as “ The Solicitor is thus," Mr. Wright much as possible; for petty suits are observes,“ doubly paid for duties which always vexatious, and seldom produe. are often incompatible ; and the pur.
chaser, after having paid the vendor's cellor of Great Britain, with the highAttorney for perusing his abstract, and est respect for his great attainments drawing and ingrossing his deeds, must, as a Lawyer, and for his unimpeachbefore his own mind is satisfied of the able integrity as a man.” safety of his title, pay perhaps as much money to his own attorney; and from
80. A Review (and complete Abstract) of the vendor's solicitor not having done
the Reports to the Board of Agriculwhat the purchaser's attorney thinks
ture; from the Alidland Department requisite, additional and considerable
of England : comprising Staffordshire, expences may be incurred.”
Derbyshire, Nottinghamshire, Leices* In preparing wills, an attorney tershire, Rutlandshire, Warwickshire, should be careful that the disposal of the
Huntingdonshire, Northamptonshire, property shall not render his own cha
Oxfordshire, Buckinghamshire, Bedracter open to suspicion. If a testator
fordshire, and a principal Part of selects him as an object of his bounty, Cambridgeshire. By Mr. Marshall, let the will be prepared by a stranger. Author of various Works on AgriculNo person making a will in favour of
ture, and other Branches of Natural, himself or his own family, can escape Political, and Rural Economy; whose censure; and there is great reason to
Surveys, and digested Registers of susuppose knavish conduct to have influ
perior Practices pursued, in the Six enced the man who has made a will in
Agricultural Departments of England, his own favour to the exclusion of rela
gave Origin to the Board of Agricultions. That honour which ought to in
ture, and its Reports. 8vo. pp. 660. fluence a man in the exercise of his professional duties, should make him pause
We have accidentally happened on before he becomes auxiliary to a cruel this volume*, which we find to be and unnatural devise, or assists in dis- the last but one of a series of Five, inheriting a cbild, a brother, a sister, which are intended by Mr. Marshall or any other near relation. Many who, to form not only a complete
Abstract from very insufficient reasons, are dis of what is useful, in nearly One Huoposed to give their property to strangers, dred Volumes (published and unpubor to distant, in exclusion of near rela- lished) that have been prioted by the tives, might easily be prevailed on to Board of Agriculture, as“ REPORTs'? act with propriety; and it will be a gra- from the Counties of England and tifying reflection to any one, that he Wales ; --but to incorporate with it has persuaded a man preparing for futurity, to regard those obligations and from his own knowledge of the several
much practical information, arising feelings which Nature seems to have implanted in every honest heart.”
subjects under consideration ; and to
correct numerous errors, and clear We here close our extracts from a
up various points in dispute, among work replete with useful information Amateurs, as well as among, men of and advice'; and recommend it to
more mature experience ; and, more, the general patronage of Attorneys over, to appreciate, by the evidence (whose labour of instruction it may
of their own works, the qualifications serve materially to diminish), as well of Modern Writers on Rural subjects. as to the attention of every young. It cannot be denied that a work op Clerk. An extensive circulation of such a plan, if ably executed, must be the book will undoubtedly contribute
a great desideratum with Farmers and (as far as written advice can contri. Landed Gentlemen : and if a judgment bute) to increase the knowledge, and
be formed from the numeroas raise the character, of that part of original works on Rural Economy, the profession for which it is de- that have been written by the same signed.
Author within the last forty years, We'ought not to omit stating that few men could be found to have unin this second edition many altera- dertaken such a task, who could be tions and several additions have been supposed better qualified for the just made. The Chapters " On Practice,
execution of it. and on attending Courts of Justice," Our limits prevent us from entering and “ on the Professional Duties of
op a minute examination of so elaboAttorneys," have been considerably rate a production, and restrict us to enlarged. The volume is dedicated, by permission, “ To the Right Hon.' * York printed ; as we conclude the John Lord Eidon, Lord High Chan- former volumes bave
the transcription of two or three ex “ FORMATION OF Soils. (Derbyshire.) 'tracts on general subjects, taken at It may be said to be natural, and is not random from Mr. Marshall's remarks uncommon, for a man who has two subin different parts of the volume.
jects before him, one of which is familiar
to him, the other not, yet inseparably “Falling Stones.(Staffordshire.) Are connected,—to ascribe too much to that not those stones, and otbers of a similar which has long occupied his mind, and nature, atmospherical ? And are not the to which his habits are enured, and stones that have recently reached the too little to the other. — Thus, Mr. earth, through its atmosphere, frag. Farey, in speaking of the origin? or ments thrown off from a spent, or nearly formation of soils, seems to consider spent, Cornet,--at or towards its aphelion; them as the mere decomposition of and with a degree of velocity sufficient perishable strata.'-— He says, speaking to overcome the attraction of its remain- of clayey soils, p. 303, the clayey Soils ing nucleus ? A fragment thus thrown of Derbyshire owe their origin, Ist, to off, whether by centrifugal force, or clayey gravel, which is indiscriminately the force of internal gasses, would na strewed over the County, but most exturally travel, in space, with the given tensively in the local patches of the velocity, and nearly in the given direc tracts coloured brown, in the Map faction, until its course should be disturbed ing page 97, to the S and SW of Derby; by the attraction of anotber body, mov the others are mentioned in the list, ing in the same region of space. From .p. 134: these are generally found diffithe several apparently well-authenticated cult soils, either to drain or improve. instances of stones 'falling from the 2nd, to Red Marl Strata, in the Southern atmosphere,' in our own time, it is suffi- district, coloured Lake Red (p. 148), ciently ascertained that they enter it frequently on lands too much marled at with a high degree of heat; not only a former period ; these are capable of a from their warmth when they reach the high degree of improvement, by drainearth, but by the reports they occasion ing and liming. 3rd, to Coal Shales, while descending; – similar to those and the other argillaceous and perishawhich are caused by lightning passing ble strata, which accompany Coal (see through it. In space-in vacuo—they p. 161 and 181). 4th, to the great would, it is probable, retain their heat Limestone Shale, in the districts counimpaired, and would, of course, remain loured purple (p. 227); which, when it in the same ignited state in which they has
proper degree of tenacity, makes were sent forth, until they were plunged excellent land, as about Hassop, Ashinto the air and moisture of the atmo- ford, Bakewell, Ashburne N, Newtonsphere,—in passing through which, they grange, &c. &c. and very poor land in would necessarily lose some considerable others, as observed above. And 5th, portion of their heat before they reached to the decomposition of Toadstone on the surface of the earth. - The Rowley the surface (see p. 278), as on the E stones are certaiply an object of philo- of Fairfield, and other places : this clay sophical inquiry. From the above de- is said to be very unfavourable to the scription, they appear to resemble those growth of Oaks. Cold clayey soils in stones which are known to have so de- lhis County, have numerous Pewets or scended, and which have been analyzed Lapwings, flying and screaming over and described. ---Since the public agita- them, wbence such are often called tion of this interesting topick, and after pewety soils.' the theory here offered occurred to me “ Now, it has long appeared to me (some years ago), I have been led to
that the surface soils, the cultivated conceive, that many of the naked masses molds, in this and every other cultivated that are seen in grotesque shapes upon country, are of vegetable rather than of various mountains of this island, may mineral origin; but partake of both. be of Cometic origin. The rugged “ By aquatic plants, a soil, altogether "Tors"—the naked rocks of Dartmore, vegetable, may be created in a few which are seen rising out of the summits, years. And, seeing the length of time, or sticking on the brows, of the moun- the millenia of years, which the surface tain, are striking instances. And al- of the principal part of this kingdom, though the nature of those rocks may while in a state of nature, or when this. differ from that of the stones which have ly inhabited, was covered with wood recently fallen; yet, heretofore, different and coarse deep-rooting herbage) whose species of stones, that are now seen upon, leaves anuually fell to the ground, and or partially bedded beneath, the surface wbose dead branches, stems and roots of this planet, without any connexion, were, in the ordinary course of nature, and without any other probable mean of converted to vegetable mold, -the origin being placed in their present situation, and existing depths of soils, might, by may be of similar origin.”
mere vegetist, seem to be well-accom