SECTION II.

HOW то STUDY.

Whatever course of reading the student adopts, he should always remember that his object is two-fold: to acquire and retain legal knowledge, and at the same time to discipline his mind to engender habits of legal thought. "A student should labour by all proper methods," says Dr. Watts, "to acquire a steady fixation of thought. The evidence of truth does not always appear immediately, or strike the soul at first sight. It is by long attention and inspection that we arrive at evidence; and it is for want of it that we judge falsely of many things." Whatever is read should be read with moderate slowness, and when read, pondered upon. Sat cito, si sat bene, was Lord Eldon's favourite motto. A cursory and tumultuary reading," says Lord Coke, "doth ever make a confused memory, a troubled utterance, and an uncertain judgment." It can surely require no arguments to convince the most obtuse that there can be no benefit derived from reading, if what is read is not understood, and retained in the memory. It is true that when the study of the law is first commenced, the efforts made to fix the attention are painful and unsatisfactory; but this is the case on the commencement of any new literary pursuit. And this wears off as we become familiarised with our subject, and as our knowledge increases, we soon learn to distinguish what parts are the most important to us, and accordingly direct our greatest attention upon those parts.

When treating of this subject, Mr. Warren says: "While, however, the student is warned against falling into a hasty, slovenly, superficial habit of mind, let him not fall into the opposite extreme—that of sluggishness and vacillation. Careful and thoughtful reading does not imply a continual poring over the same page or subject. The student might in such a case justly compare himself to the pilgrim stuck in the Slough of Despond. Because he is required to look closely at each individual part, in order thoroughly to comprehend the whole, let him not suppose that he is to scrutinize it as with a microscope. What is required is simply attentive reading. If he cannot, after reasonable efforts, master a particular passage, let him mark it as a difficulty, and pass on. He will by and by return, in happier mood, with increased intellectual power and knowledge, and find his difficulty vanished. The student's reading, however, must not only be thus attentive, it must be steadily pursued."(a)

The foundation of all study should be laid by a careful perusal of elementary works; principles preceding practice in every branch of the law. The student should make himself thoroughly acquainted with general principles, and he will then have something to direct him in the difficulties that will constantly arise. They will guide him in determining points that come before him in practice; when we give the reason for our argument, and state the principles upon which it is based, we are the more certain to carry conviction. In fact, theory and practice should, as far as possible, go on together. If a student is unacquainted with general principles, he will, in all his future studies and practice labour under heavy disadvantages. What benefit can be had from a perusal of

(a) Warren's Law Studies, p. 787, 2nd edit.

the reported cases if the principle of law upon which the judgment is founded is not known. "As reason," says Lord Coke, "is the soul of the law, it cannot be said that we know the law until we apprehend the reason of the law; that is, when we bring the reason of the law so to our own reason that we perfectly understand it as our own; and then, and never before, we have an excellent and inseparable property and ownership therein, so as we can neither lose it, nor any man take it from us; and we shall be thereby directed very much, the learning of the law being chained together in many other cases. But if by his study and industry the student make not the reason of the law his own, it is not possible to retain it in his memory; for though a man can tell the law, yet if he know not the reason thereof, he will soon forget his superficial knowledge; but when he findeth the right reason of the law, and so bringeth it to his natural reason, then he comprehendeth it as his own; this will not only serve him for the understanding of the particular case, but of many others; for cognitio legis est copulata et complicata; this knowledge will long remain with him."

As we have before observed, the student must carry out his labours methodically. We strongly advise him to master not only one book, but one branch of the law, before he commences another. For instance, suppose the student has gained a dim notion of the practice of the court of equity, with all the various times for taking the necessary steps in a cause, which are so much the test of memory, and then flies to the practice of the courts of common law, with its various times and forms of procedure, what a confused and misty idea he must necessarily gain of the two separate branches; both are jumbled together, equity will be substituted for law and law for equity in inextricable confusion. But after the student has gained a clear and firm grasp of one branch of the law, he may then safely go on to another.

There is some diversity of opinion as to whether a book should be read over in the first instance in a cursory manner, so as to gain merely a general knowledge of the whole work, and afterwards be carefully studied ; or should from the first be diligently perused and studied. The author has generally adopted the latter course, but which of the two courses should be adopted is left with the student.

As to the time the student should give each day to study, we will, in addition to what we have said in the previous section, give a few opinions of writers on the subject. "The attempt to parcel out a particular period of the day," says the commentator on North's Discourse, " or a certain number of hours as sufficient for the study of the law, is perfectly nugatory; it is as though a physician were to prescribe a certain dose of medicine for all his patients without regard to their age, strength, or constitution. Four hours in a morning close application to his books,' says Mr. North, is the sufficient quantum;' while, according to Sir Eardley Wilmot, six hours of severe application' is necessary."(a) But, as before observed, no exact rule can be laid down, so much depends upon each particular case-the capacity of the student, the work he is studying. One student shows far more aptitude than another-one work requires greater care and attention in its perusal than another; and also the state of the faculties from one day to another must be taken into consideration. We cannot compel the mind to put forth the same powers from day to day. One day it is clear, strong, and powerful, capable of comprehending

(a) Notes and Illustrations to Roger North's Discourse, pp. 58, 59, note.

and retaining anything it may be engaged upon; another it is just the reverse,—do what we will, try never so often and determinedly, yet we cannot fix its attention; the eye wanders over the page, but the mind receives no impression. When this is found to be the case, it is useless to continue the subject further, for no benefit will be received; shut up therefore your book and rest awhile; in time you will return and renew your studies with renovated faculties, and to proper advantage. But the student must be careful to distinguish between such feelings as these, and the mere love of pleasure, or those of sheer indolence.

Respecting the number of books the student should read—he will have learned from what we have already said that it is not the quantity but the quality—not the extent, but the manner of reading that leads to proficiency. Lord Eldon did not read many books, yet how learned was he! "Attentive reading," says Warren, "frequent reflection upon what is read, and application of it to business, are the only guarantees of distinctness of thought and recollection."(a) With a great many students, no sooner do they begin to read a book than they have an insane desire to get through it as fast as possible, forgetting that to read is not necessarily either to understand or to remember. If many wórks are read, a great deal of time must be consumed, which would have been far more advantageously employed in thought. "One book," says Phillips, "well digested is better than ten hastily slubbered over." A law book cannot be read like a novel -taken up and put down at whim or pleasure. "Men who read for amusement or instruction on general topics," says Mr. Wright, " may read as they please and acquire information. It is not necessary for such purposes critically to weigh sentence after sentence; and where amusement is the object, to cast the eye over the page may be sufficient. But where knowledge is to be acquired, which depends upon the construction of words, and an accurate idea of scientific terms, the student must advance with patience and resolution proportionate to his undertaking. Books which every man reads may be perused as a newspaper; but such as contain information of an abtruse nature, requisite to be permanently impressed on the mind, must be repeatedly read, and with minute attention."(b) "Our reading keeps proportion with our meats," says Phillips, "which if it be swallowed whole is rather a burthen than nourishment.'

When a passage has been read, the student should close the book and calmly ponder upon what he has read, to see that he understands and retains it; and if, upon this examination of himself, he finds he has gained but a dim notion of the author's meaning, let him reperuse the subject, and again examine himself till he finds that it is firmly rooted in his mind. If, however, after the student has frequently read and studied any particular passage, he fails to understand it, let him seek out some one who is capable of elucidating the point, and have his doubts cleared up; but if this cannot be done, as before advised, let him mark the passage with a pencil, and pass on, and when his mind is clear, again return to it, and most probably the difficulty will disappear. When he comes to a word or phrase he does not comprehend, he should immediately take up his law dictionary, which no student should be without, and search out its meaning before he proceeds further; for it is useless to read what is not fully understood. By this mode of study the reasoning powers will be strengthened, and the

(a) Warren's Law Studies, p. 829, 2nd edit.

(b) Wright's Advice on the Study of the Law, p. 27.

path to further studies greatly eased. In reading, too, the memory will be greatly assisted by looking to the words as referring to a case which the student should form in his mind. General maxims, first principles and definitions should be committed to memory.

But the articled clerk must not be content with reading alone, and become a mere student. He must attend at the office, read the correspondence, and acquaint himself with the mode of conducting business there. He should also acquire a knowledge of making out bills of costs, &c. Unless these duties are attended to, the clerk will, when he comes to practise for himself, be utterly lost,—all at sea as to the practical duties of an attorney. He will also do well to give some attention to the mechanical duties of the office, for although it is wrong to compel an articled clerk to be constantly performing the duties of a writing clerk and office boy, yet if he does not gain any knowledge of the mode of performing them, he will be unable to know, when he comes to have clerks of his own, whether they are performing their duties properly. The articled clerk should also attend the various courts of law and equity, where much valuable information may be obtained.

COMMON-PLACE BOOKS.-As to what are termed common-place books, there is great variety of opinion. Mr. Wright says: "To the young student I fear they would prove more injurious than useful, and tend more to weaken than assist the memory. On first entering upon the study of the law I am confident that it will be better to employ the time in reading than in transcribing particulars, which a little acquaintance with the principles and the practice of the profession will render useless."(a) They are, however, recommended by Sir Matthew Hale, Sir S. Romilly, and others, who advise the student to copy into a common-place book the substance of whatever is read; Sir S. Romilly thinking it "the only way in which law books can be read with much advantage." The object for which a common-place book is used, however, ought to be to note down points of great importance, and those which it is particularly desired to remember. The great fault of these books is that they lead the articled clerk to note down in his book what ought to be noted in his memory. It is far better to give an extra amount of attention to a particular passage, and thus retain it in the memory, than note it down in a book, and then forget it. And the student may easily invent a series of marks to be made in the margin of his books, which will draw his attention to the passages thus marked. The same mark should be always used to denote the same meaning. Mr. Warren, in commenting upon the remarks of those in favour of common-place books, says, "but it may be suggested, why not rather imprint it in his memory? Why beget the habit of reliance rather on a common-place book than on the memory ?"(b) Again, if the note book is often used it will become bulky and voluminous, and thus defeat the end for which it was designed. Mr. Warren, again treating of these books, says, "he knows one individual, who, with prodigious industry, had compiled four thick folio volumes, very closely written, and most systematically distributed; and who subsequently acknowledged to the author, that it had proved to be one of the very worst things he had ever done; for his memory sensibly languished, for

(a) Wright's Advice on the Study of the Law, pp. 188, 191; see also Warren's Law Studies, pp. 796, 854-9, 2nd edit.

(b) Warren's Law Studies, p. 796, 2nd edit.

want of food and exercise, till it lost its tone almost irrecoverably."(a) If, however, a notebook is used, brevity must be strictly attended to, and the matter noted should be in the student's own language, containing an epitome of the whole passage, and not simply a copy of the passage from the book he is reading, unless it be something which strikes the student as being very remarkable. We think that for the purpose of analysis and exemplification, the note book may be used with advantage. We will endeavour to illustrate what we mean. Supposing the student has been reading the fourth chapter of Mr. Serjeant Stephen's Commentaries on the Laws of England, we think he might with advantage make the following analysis:

Estates of Freehold not of Inheritance are of four kinds.

1. AN ESTATE FOR LIFE (created by act of the parties) may be either for the life of the donee or grantee, or for the life of another, in which latter case it is termed an estate pur autre vie.

2. AN ESTATE TAIL AFTER POSSIBILITY OF ISSUE EXTINCT is created by act of God; as where one is tenant in special tail, and the person from whose body the issue was to come is dead.

POWERS AND INCIDENTS. The tenant is entitled to estovers or botes, i. e., an allowance of wood for repairs, fuel, and the like.

Cannot commit waste, i. e., destroy or alter any part of the tenement, &c., to the injury of those in remainder or reversion.

Entitled to emblements when his estate determined by the act of God or the law. May lease the estate, and his lessee entitled to emblements or to hold over till end of current year's tenancy, paying rent.

POWERS AND INCIDENTS. The tenant of this estate has the same powers, with the additional one of committing waste, as a tenant for life, and with this one exception, subject to same incidents.

3. AN ESTATE BY THE CURTESY POWERS AND INCIDENTS. OF ENGLAND arises by operation of The tenant of this estate has the law, and is that estate which the same powers, and the estate is subhusband takes after the death of his ject to the same incidents as that of wife in her lands of inheritance a tenant for life, save that tenant (legal or equitable), of which she may commit ordinary waste. was seised in possession, if issue be born alive capable of inheriting.

POWERS AND INCIDENTS. The tenant of this estate has the same powers, and the estate is subject to the same incidents as that of

4. AN ESTATE IN DOWER arises by operation of law, and is that estate which a woman (married before 1st January, 1834) takes in a third part of all the lands and tenements of a tenant for life. which her husband was seised in fee Widow entitled to remain in simple or fee tail, in possession at husband's mansion forty days, till

(a) Warren's Law Studies, p. 856, 2nd edit.