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Review: Warren's Miscellanies.

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 and surprisingly calm, vigilant, and guarded as Sir William Follett?"

whose consummate and watchful adroitness placed weak places quite out of the sight 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.'

"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 "No member of the Bar, let his experience quite astray from the real points-the true and skill have been what they might, was ever merits of the case; and even such a person was opposed to Sir William Follett without feeling, often unable to remove the impression which as has been already intimated, the necessity of had been produced by the subtle and persuasive the greatest possible vigilance and research advocate whose voice had preceded his. That to encounter his boundless resources, his dan voice was one indeed lovely to listen to. It was gerous subtlety and acuteness in detecting flaws, not loud, but low and mellow, insinuating its and raising objections; his matchless art in con- faintest tones into the air, and filling it with cealing defects in his own case; and building gentle harmony. His utterance was very up, with easy grace, a superstructure equally distinct--a capital requisite in a speaker unsubstantial and imposing, and defeating all and he had the art of varying his tones, attempts to assail or overthrow it. Even very so as to sustain the attention of both Judges strong heads would be often at fault, conscious and juries for almost any length of time. His that they were the victim of some subtle fal-person and attitudes, also, were most prelacy, which yet they could not at the moment possessing. Their chief characteristics were a detect and expose; and by their hazy and in- calmness and dignity which never disappeared consistent efforts to do so, only supplied ad- in even the most exciting moments of contest, ditional materials for the use of their astute and of irritability, and provoking interruption. and skilful enemy, to whom nothing ever Woe, indeed, to one who ventured to interrupt seemed to come amiss; who converted every- him! However plausible, cogent, or even just, thing into an ingredient of success; whom might be the suggestion thrown in by his adscarce any surprise or mischance could defeat versary, Sir William Follett contrived to make or overthrow." it tell terribly against him, either harmonising "In the most desperate emergencies, when it with his own case, or showing it to be the full tide of success was arrested by some utterly inconsistent with that of the interrupttotally unlooked-for impediment, his vast prac-ing party."

Review: Warren's Miscellanies.-Law of Attorneys and Solicitors.

you

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"You felt him to be a man whom you could | State trials for high treason, including those neither neglect nor trifle with; who was ad- of O'Connell, O'Brien, and Oxford-the dressing your intellect in weighty words, fa- notices of which are accompanied by highly thoming your intentions, and detecting your appropriate and profound commentaries. inclinations and prepossessions, and leading The Romance of Forgery" is a marvelyou in some given direction with gentle but irresistible force. He would often startle lous story of one Alexander Humphreys, with the boldness of his propositions, but never claiming the title of the Earl of Stirling, till he had contrived, somehow or other, to pre- and the documentary and other testimony dispose you in favour of that view of the case in support of the claim are stated and diswhich he was presenting. He had a most se- cussed with peculiar skill and acuteness. ductive 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.

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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
SOLICITORS.

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 return from India he made or renewed an acthe cruel calumny, so long circulated quaintance with the plaintiff; and appearing against him, conclusive and triumphant. sion, he placed himself in the plaintiff's office then to have thought of resuming his profesIt has utterly annihilated the charge. as clerk, and as I suppose gratuitously. After A large part of the second volume is devoted to several of the most remarkable modern

2 Vol. xlix. p. 498.

Law of Attorneys and Solicitors.

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-
TRATION.

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-
TION UNDER PATENT LAW AMENDMENT

ACT.

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, a 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.

103

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
COURTS.

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?

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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 it resorted to? and by what authority is it framed?

19. Explain the difference between a verdict and a judgment.

III. CONVEYANCING.

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.

I. PRELIMINARY.

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

Questions at the Examination.

44. In the case of a contract for the sale and 28. How are the requisitions of the Statute purchase of a freehold estate, where the vendor of Frauds complied with at an auction as usually dies before conveyance, who is entitled to the conducted. purchase-money, the heir or devisee, or the 29. What are the proper modes of mortgag-personal representative, and if the purchaser ing freehold, leasehold, and copyhold estates? dies before conveyance to whom does the estate State them severally. go, and by whom is the purchase-money to be paid?