34 Practical Dissertations on Conveyancing. be found to be more short and simple than any of these, and we know that it has been found very extensively serviceable, and has answered the end designed. and an abstract was delivered to him on behalf of his client. The attorney laid an abstract before counsel for his opinion, containing only some of the deeds, and omitting others contained in the abstract delivered In the first place we should advise the stuto him. The opinion of counsel (Mr. Pres-dent to devote at least six hours daily to readton,) on the abstract delivered to him, was, ing; "seven hours to law," was Sir William that the vendor had a good title; but that Jones's translation of Lord Coke's “sex horas," opinion would not have been given, if the and the student may so translate it if he will; deeds omitted had been stated to him in but six hours, properly employed, are, we his abstract; and it was held, that the attor- think, at first sufficient. They must, howney was personally liable for the damage ever, be given at the best time of the twentywhich the purchaser sustained from the inva- four, when the mind is most fresh, and most lidity of the title, Mr. Justice Bayley observ- susceptible of acquiring information; they ing, that "It was the duty of an attorney to need not be six consecutive hours; they had take care not to draw wrong conclusions from better, in fact, not follow each other, but they the deeds laid before him, but to state the must be actually devoted to study. It will deeds to the counsel whom he consults, or he not he sufficient that the student shall pass must draw conclusions at his peril." 3 Barn. the time in company with his books; he must and Cress. 799. make himself certain that he has actually acquired some knowledge during the intercourse; before commencing his day's study, he must inquire whether he recollects any thing of his yesterday's. He should be satisfied that he is in the right course, and that he is daily obtaining information: he must reflect on his legal pursuits in his leisure hours, and in his walks; nay, it will not be amiss if he dream a little about them, for that will prove, that his mind is thoroughly engaged in the study. Now, in these cases no fraud, no desire to deceive, was imputable to the attorney. He was merely held liable from his neglect of the duties of his profession, and they are cited for the purpose of shewing how easily a man who will not give himself the trouble of acquiring the proper knowledge, may not only injure the most important interests of his client, but may himself be forced to make good the damage arising from his neglect. The importance of the knowledge of the laws of property to the professional man being admitted, the next inquiry is into the means of obtaining it. And let it not be supposed that these are very distressing or laborious. The principles of conveyancing, if the student will only enter heartily and earnestly into the enquiry, may now speedily be acquired. At a former period his difficulties were much greater; he had himself to explore, without any guide, the vast but undigested stores contained in Lord Coke's Commentary on Littleton, or Rolles' Abridgment. He had to dig his learning himself out of these mines. His task at the present day is much more easy. Elementary books have been written by some of the most eminent men; treatises on every subject abound; he has now nothing to disgust or frighten him in the study; the folio volume has been superseded by the octavo; the black letter has entirely disappeared; the important difficulties are done away; and all that is wanted for the pursuit, is a moderate portion of industry, ability, and perseverance. The blame if the student did not advance, might formerly have fairly been laid to the dryness of the study and its varied and numerous difficulties; at the present day the blame can only attach to himself. In recommending a course of study upon the laws of property, we shall choose that which we have found answer best in practice; other courses recommended by several eminent men will be pointed out (a), but the one to which we shall call the reader's attention will (a) The recommendations of different learned persons as to the study of the law, will be given in our next number. We have been thus minute, because we know how useless and tiresome mere general rules are; and we shall, throughout this course of dissertations, continue to be as minute and particular in our directions and details as possible, because we know it will be of service to the student. The first book which the student of the laws of real property should take up, is the second volume of Blackstone's Commentaries. Since this work was written, the principles of conveyancing have undergone some variation; the author, moreover, was not a practical conveyancer; and, in reducing the large mass of learning contained in the earlier writers into a system, he was occasionally led into error; but, notwithstanding these disadvantages, the second volume of Blackstone will still be the best first book for the student. He will find the principles of the laws of property clearly stated and arranged; he will get a general view of the information which he is to obtain, he will meet with definitions and explanations of all technical phraseology, and he will find the whole written in a language so beautiful and harmonious, that it will be singular if he be not delighted with the study. Besides, on many points, the information which he obtains from Blackstone will be all that he will need. To the study of this volume, then, the student must devote himself. A modern edition will of course answer better than an old one, but the notes generally appended will not be found of much service,-the text must be the great object of his study. He will go through it chapter by chapter, and master every sentence: the slowness of his progress through Practical Dissertations on Conveyancing. the volume is immaterial-let him only fully understand and reflect upon every thing he reads; if he cannot fully comprehend it, let him look at the authorities referred to, if there be any, although they will not always help him much; if he is still in doubt, let him ask some competent person the meaning of the passage, but let him never leave it until he is satisfied he fully understands it. Blackstone's second volume should always be read twice, and it depends upon the manner of the second reading, whether it should not be read a third time. If, on a second reading, the student finds he is perfectly familiar with its contents, he may then leave it; but, if he finds the subject still fresh to him, and that he does not remember much of it, he should read it again and again, until he almost knows it by heart. The great rule with Blackstone, and other good books, is, that you should never leave them without carrying away all they contain, and making it a portion of your own stock of knowledge. If the student follows these directions, he will have gained this great advantage, that, if he takes up any other work on the laws of property, he will know, before reading it, some portion of its contents. He will be already the proprietor of a little stock of knowledge, and he will be continually adding to the heap. He will carry with him to the consideration of a fresh branch of the subject, some know ledge of the other branches, which will afford him the greatest assistance. His notions will be precise and accurate, and not mere floating generalities. The next work to be taken up is Mr. But ler's Notes to Lord Coke's Commentary on Littleton, particularly the long and able hote upon uses and trusts. Here he will find the most important practical information presented to him clearly and correctly. We think that Lord Coke's Commentary may safely be passed over except as a work of reference. We are thoroughly convinced that it is not the book to be put into a student's hands: the quaintness of the style, the mass of useless matter, the diffusiveness on unimportant points, the entire omission of others now rendered important; all these faults, of which this celebrated work is undoubtedly guilty, disqualify it in our opinion from being a student's book. All the useful information it contains may now be much more easily and readily obtained in other works. We therefore are happy to remove this heavy obstacle from the path of the conveyancing student. Having fully mastered Mr. Butler's notes, we next recommend Mr. Sanders's Essay on Uses and Trusts, in which this important learning is ably and perspicuously treated. The following works should then be most at tentively read in their order: Cruise's Digest; Sugden's Powers; Fearne on Contingent Remainders; Preston's Treatise on Conveyancing; Powell on Devises; Roberts on Wills; Powell on Mortgages, by Coventry; and the first edition of Preston on Estates. All these 35 are excellent works, and cannot be too well known. If the student is master of these volumes, he will be now well acquainted with the theory of conveyancing. He will have a competent knowledge of one great branch of property law, and he should then turn his attention to the other great branch, the practice. He must endeavour to get a competent knowledge of abstracts of title and of deeds. Here he will meet with more difficulty in obtaining his information merely from books. The chambers of a conveyancing counsel, or the office of a solicitor, will be the best places for acquiring this knowledge. These, however, may not be open to him; or, if they are, some preparatory information may still be useful, and he may derive benefit from the following observations. Let him read with the greatest attention Sugden's Vendors, a work replete with the most useful practical information. He may also peruse more cursorily Preston on Abstracts, a book containing some valuable matter. The fourth vol. of Cruise's Digest should also be carefully perused a second time. The student may also consult with advantage the works containing Precedents in Conveyancing, and make himself master of the legal phraseology, and the usual forms employed in legal instruments. There are now several very valuable collections of these before the profession. Having mastered all these works, the student will have attained a very tolerable knowledge of conveyancing. His progress will not depend on the number of books read, but on knowing a few good books well, and with the help of those already named, he will be prepared for all ordinary transactions. He may safely add many other modern treatises, which are considered of authority. At his leisure he may take up the reports, but here he must exercise some discretion. He may, we think, safely leave the elder reporters, and keep them merely as works of reference, but he should read all the cases upon the law of property, in the more modern reporters, beginning with Atkins in the courts of equity, and Lord Raymond in the courts of common law. This of course will be a work of time, aud must be necessarily much disturbed by business, but we should advise its steady pursuit. We shall now bring our observations to a close. In the first part of his studies the greatest endeavours should be made to acquire clear and precise ideas on the nature and kinds of property, the estates for which it may be granted and held, and the usual manner of alienating property. We shall, in an early number, direct our attention to these subjects, and in the course of these dissertations we shall, from time to time, apply ourselves practically to the difficulties of conveyancing, and endeavour to remove them. It will, we think, be no slight incentive to the earnest consideration of the subject, for the 36 Improvements in Chancery Practice-London University. student to reflect that it will make him master of a science which will be of practical importance in almost every great event of his life, the knowledge of which, to any extent, will be shared with him by a very limited class of persons; and that he will thus acquire a decided and well earned superiority over his fellow citizens. Affidavits in Bankruptcy tional duties thereby thrown on them, for there is no more trouble in both swearing and filing an answer or affidavit, than in doing the latter only; but, if it should be thought just that those who will have to perform the duties should be paid for it, then let a part of the master's fee be paid to them; and, if the masters should object to give up part of their fees, and the officers to which the business is proposed to be transferred, refuse to transact it without being paid for it, why, then, let there be a small addition to the fees already paid, and even then the public will be benefited, for the journeying from one office to another to do different parts of the same business, all of which might be performed in one office, serves only as a pretext for making as many charges; whereas, if it were all transacted under the same roof, the pretext would be taken away. I cannot for a moment suppose, that any objection will be made to it on the score of therefore, it ought to be taken before a person the solemn nature of an oath; and that, of weight and consideration, for any person may be named in a commission to take an answer, and an affidavit in chancery may be sworn, and a deed acknowledged, before any solicitor who will be at the expense of being made a master extraordinary in Chancery; should be sworn at the Bankrupt office where and, if there was any weight in this objection, they are filed. Witnesses should be sworn before the examiner. By this arrangement, the principal part of the business of the public office would be annihilated, and the remainder might be transferred to other offices, where it would be more appropriately transacted; for instance, the acknowledgment of deeds and recognizances should go to the Inrolment office, where they are inrolled and filed; and so of other busi ness. Thus the functions of the public office would be at an end, and the masters relieved from the troublesome and irksome duty of sitting from ten till two, and from six till eight, merely to hear the clerk administer an oath, or ask a question, and sign their names, and would be enabled to devote their valuable time to the more important duties of their chambers. According to the present mode, the services of one master during all the year round are consumed at the public office in transacting very unimportant matters. I am not aware of any objection that can reasonably be made to this arrangement. The principal ones which an advocate for reform has to encounter, are, that fees are taken from some without compensation, and new duties cast upon others without remuneration. Now this account may easily be adjusted. If the masters object because it would diminish their fees, let an account thereof be kept at the different offices to which the business is transferred, and let the amount be paid to them. The clerks of those offices cannot with any reason object to the addi every person swearing to an answer or affidavit ought to come to town to do it before a master in chancery (a). (a) It may be a matter of curious history to add, that the public office was established by 13 Car. II. s. 1, by which, after reciting, "That it hath bin found inconvenient for suiters to put in answers, or returne commissions in the private studdyes of the such answeres and commissions (with what master masters, so that through the difficulty of finding at such time as they are called for, it frequently they were left,) or through the master's absence happens that persons conceived to be in contempt are exposed to much trouble and charge thereby. And it is more proper, safe, and satisfactory to the subject in generall, that affidavits, answeres, recognizances, and acknowledgments of deeds, should be dispatched in some publique, certaine, and open place, where the persons that doe the same may be publiquely scene and knowne, rather than in priand after the three and twentieth day of October, vate studdies or houses, it is enacted, that from 1661, there shall be one publique office kept, and be, in which the said master's, some or one of them, noe more, as nere to the Rolls as conveniently may shall constantly attend for the administering of oathes, caption of deeds, and recognizances, and the The Law Institution. document at length, but we present it in an abridged form. The number of the law class has this session amounted to 111; of which number about a fourth part has been attending for a second year. With respect to the diligence of this numerous class: there has never been a thin attendance, for a single evening, from the commencement to the conclusion of the course. The legal conversations which have been held every week, have afforded convincing proof, that the gentlemen attending have not only comprehended, and fixed in their memories all the information that has been conveyed to them, but that they have also exercised much research and reflection upon subjects, with regard to which the professor could attempt no more than merely to excite their curiosity. A society for the discussion of questions of law and jurisprudence has been instituted by the students themselves, The meetings have been held within the university, and they have been found productive of much benefit, in consequence of their affording an additional incentive to reading, besides encouraging the cultivation of those talents which are useful in transacting the public business of courts of justice. The excellent law library which the university possesses, has held forth great inducements to study; especially as it has afforded an opportunity of examining, at the moment, the authorities referred to in the lectures. The law class has been indebted to Dr. Turner for two lectures upon such species of chemical information as it is useful for lawyers to be ac quainted with, especially with regard to the examination of medical evidence. The professor feels anxious, in case there be found a desire among any considerable number of students for more minute and detailed in formation upon particular branches of law, than is consistent with the plan of his lectures to give, that this want should be supplied. He invites, therefore, gentlemen of the profession, whose qualifications may be approved of by the council, to give courses of lectures, within the university, upon subjects more particularly lying within the sphere of their practical experience. There have been three examinations in the course of the session, and after each examination three prizes have been distributed. A subscription has been entered into, by the students of the class, for the purchase of prizes, to be awarded upon an examination, to take place next October, in Lord Coke's Reports. It is proposed, in the course of the next year, to establish a prize essay upon some subject connected with the history and the improvements of the English law. The prizes which are about to be distributed have been awarded as the result of an examination in the lectures of the entire course. The first prize has been adjudged to Mr. Richard Davis Craig, the second to Mr. Joseph Watson, the third to No. 68. Besides these prizes, certificates of honour have been awarded to three candidates of equal merit, Mr. Gale, Mr. Udall, Mr. Tatham. It is due also to Mr. Thomas Abbott to mention, dispatch of all matters incident to their office, (references upon accounts and insufficient answers only excepted,) from the houres of seaven of the clock in the morning, until twelve at noone, and from two in the afternoone until six at night." 37 that he has shewn a very general and competent knowledge of the subjects of examination. Many of the other candidates have displayed great industry and talent in the course of the examinations, and are deserving of great commendation. THE LAW INSTITUTION. THE Inns of Court and Chancery, which constituted a species of law university, where the members possessed the advantage of extensive libraries, and the means of improving themselves, by legal and forensic exercises, were anciently not confined to the graduates of the bar, but included the attornies at law, who, like the rest of the members, assembled in commons at stated parts of each term. Amongst the alterations which time has wrought in the legal profession, we may notice the disuse of the ancient regulations with regard to attornies, by which they were required "to come into commons, according to the custom and orders of those societies, to their great ease in transacting causes one with another.”(a) The circumstances under which these rules were permitted to be disregarded. it is needless in this place to investigate; but it appears that the profession soon felt the importance of establishing a substitute for those venerable associations; and accordingly, in the year 1739, the Law Society was formed expressly for the purpose of supporting the honour and independence of the profession, promoting fair and libe ral practice, and preventing unnecessary expense About ten years ago, and delay to suitors." another association for similar objects was instituted, called the Metropolitan Law Society, and numerous clubs of solicitors, both in London and in different parts of the country, have also, from time to time, been established for the furtherance of the respectability of the profession. These at length have been followed by the Law Institution, which has been framed upon a larger scale of utility. and in a future number we shall detail its variThe following is an account of its origin, ous important objects and advantages: The plan of the Institution originated with some individuals in the profession, who were desirous of increasing its respectability, and promoting the general convenience and advantage of its members. It appeared to them singular, that whilst the various public bodies and commercial classes in the metropolis, and indeed in many of the principal towns in the kingdom, had long possessed places of general resort, for the more convenient transaction of their business; and while numerous Institutions for promoting Literature and Science amongst all ranks of society had been long established, and others were daily springing up, the attorneys and solicitors should still be without an establishment in London, calculated to afford them similar advantages. To supply this desideratum, and afford other professional facilities, the present Institution was suggested. The outline of it having been in the first instance submitted to the consideration of the (a) The last rule of court on this subject was in 1701. 38 The Law Society-New Bills in Parliament. more immediate friends of the parties with whom the plan originated, and from whom it received the most unequivocal proof of approbation, measures were adopted for submitting the plan to the profession at large. A meeting accordingly took place, at which the subject was discussed and referred to the consideration of a provisional committee, who having made their report, a general meeting was held, at which the measure was finally approved, and a Committee of Management appointed to carry it into execution. For effecting the purposes of the Institution, it was considered necessary to raise a fund of £50,000, in shares of £25 each, payable by instalments, no one being permitted to take more than twenty shares. The plan having been generally announced to the profession, a large proportion of the shares were immediately subscribed for, so that no doubt remained of the success of the design, and the committee therefore directed inquiries to be made for a site for the intended building, and succeeded in obtaining an eligible one in Chancery lane, nearly opposite to the Rolls Court, and extending to Bell yard; thus having the advantage of two frontages, and, from its contiguity to the Law Offices and luns of Court, being peculiarly adapted to the objects of the Institution. THE LAW SOCIETY. PUBLIC observation having been directed to the recent proceedings of this Society, and three of the resolutions of its last general meeting having been quoted in one of the newspapers, we conceive it will be interesting to our readers to peruse the whole series. At a general meeting of the Society of Practitioners in the courts of Law and Equity, resident in and near the metropolis, established in 1739, for the purpose of supporting the honour and independence of the profession, promoting fair and liberal practice, and preventing unnecessary expense and delay to suitors, held at Furnival's Inn Hall, on Wednesday the 11th day of August, 1830. Benjamin Brooks, esq. in the chair: Resolved, 1st. That the unbounded confidence reposed in attornies and solicitors, by persons of every rank in society, for the protection of character, liberty, and property, renders it highly expedient that they should be men of education, honour, and integrity, and supported in public estimation. 2d. That the imputations cast upon attornies and solicitors, of causing delay in the administration of justice, increasing expense in legal proceedings, and claiming excessive remuneration for their ser vices, are (as applied to them generally) unfounded and unjust, and calculated to injure and degrade them, and to weaken the confidence so essentially necessary to public security. Yet so long as those imputations were general, the Society did not attempt to counteract them; but having been lately brought forward and embodied in proposed legislative enactments, (thus to obtain the sanction of the highest tribunal of the country,) it has become necessary to protest against such aspersions. Sd. That the duties of attornies and solicitors involve great responsibility, labour, and anxiety, and require talent, experience, attention, and perseverance, not only in the arrangement of property under family settlements and wills, but in collecting and scrutinising facts and circumstances, and ar ranging evidence for judicial investigation and decision; and without their assistance in these important legal preparations, no benefit could be derived from counsel, however eminent, and the greatest confusion, embarrassment, and delay, would necessarily ensue; rendering it impossible for judges or jurors to perform their respective duties satisfactorily to themselves, or beneficially to the country. 4th. That delay in legal proceedings is disadvantageous to the attorney and solicitor; because it increases his risk of loss, diminishes the benefit of an early return of capital, and postpones the remuneration for his services; consequently every attor ney and solicitor is interested in the despatch of business; and delay generally arises out of circumstances over which he has no control. 5th. That the greater part of the expenses attendant on legal proceedings is composed of fees to counsel, and officers of the several courts, payments to witnesses, and other disbursements, which attornies and solicitors are obliged to advance, and from which they derive no emolument, consequently they are interested in keeping down such expenses; since, if they do not obtain payment of their bills, (the amount of which is materially increased by such outlay,) the loss of the whole falls upon them; no part of such fees or payments being returned. 6th. That the remuneration allowed to attornies and solicitors, in actions and suits, is not commensurate with their skill and exertions, taking into consideration their responsibility, the expense of their professional education, the heavy stamp-duties on their articles, admission, and annual certificate, the pecuniary risks they run, the capital they em ploy, the salaries of clerks, and other expenses incident to all respectable establishments. 7th. That the modern practice of appointing barristers to fill those situations at the government boards, which were formerly held by attornies and solicitors, tends not only to deprive them of their fair rights and honourable inducements to practice, but to raise an inference of their incapacity, which the Society consider the less called for, as they reflect with pride and satisfaction, that many most eminent chancellors, chief justices, judges, and counsel, have risen from, or been educated in, their branch of the profession. 8th. That nothing can be more dangerous to the property and interests of the community than the hasty adoption of entire untried systems, under the delusive appellation of necessary practical reform; and many of the changes in the administration of the law, which have been contemplated, and particularly of those included in a Bill recently brought into parliament, are, in the opinion of this Society, calculated to foster petty dissentions, encourage a spirit of litigation, and prevent men of liberal education, character, and respectability, from entering the profession, or practising as attornies and solicitors, and thus to deprive the public of the security hitherto felt in their confidential advisers. BENJAMIN BROOKS, chairman. NEW BILLS IN PARLIAMENT. We present an analysis of two bills lately introduced by the Chief Justice of the court of King's Bench. There are three other bills, a summary of which we are unable to insert in the present number. The first of these bills is one of extensive utility. Its object is to settle, by arbitration, all controversies relating to matters of account, |