rule. He should be careful that every position of his author is most thoroughly and minutely understood; the marginal references now cease to be a dead letter; he must make himself acquainted with the authorities upon which the writer founds his assertions; and when the text is obscure, and the question intricate, or the cases cited apparently of insufficient or indirect authority, then let him be as curious as the antiquarian in his researches -let him dive into the very thoughts of the judges, in the examination of their decisions, and trace back to the furthest records of the black letter, or law French and Latin, if nece sary, the rise and progress of the principles upon which the points in question may appear to depend. Let it be remembered how the present system of our laws has grown up with the increasing civilisation, commerce, and wealth of the people, and the complication of their social relations; how one decision of the courts, in the olden time, has formed a root from which has sprung other decisions, making branches, and others, again, in modern times, forming the twigs and foliage of a goodly tree, whose noble stem is the unbending principle observed throughout, and deducible by the student from all this series of decisions.

One spirit pervades common and statute laws.-Whatever changes the Legislature may effect there is one spirit which pervades and ever will pervade the whole law, because the composition of the statutes is more or less the work of experienced lawyers imbued with that spirit, who are employed to carry out the designs of the projectors, and the reduction of the Acts of Parliament to practice is the province of the courts whose very atmosphere is saturated with the same spirit; to imbibe which spirit as much as possible is, therefore, most important to the clear comprehension of the law.

Comprehensive view of work.-Another point for the attention of the student at this time is to endeavour to take a comprehensive view of every work he may read. Let him consider well what relation its subject bears to other branches of law or equity, and disdain not to read the preface and the analysis (if there be one), and make himself master of the author's general view and mode of dividing and treating the subject before he begins to read the book. It constantly happens that whole arguments, read with a correct idea of the object and scope of the work, may be clear and instructive, which, if perused with an imperfect conception of the particular branch of investigation in hand, will not merely be a waste of time, but lead to the most dangerous mistakes and confusion.

Books not calling attention to distinctions.—It is unfortunate that law books are written in such a manner as not to call the student's attention to the various distinctions arising out of slight differences in facts. The books generally read on very smoothly without

any attempt to call forth the powers of the readers, who too frequently are thus deceiving themselves. It would confer a real boon on students to have a series of law works founded on the principles of grammars, and exercises on the classical and modern languages, which require some mental exertion on the part of the reader to comprehend and apply the rules. In our edition of Littleton's Tenures we tried this to some extent by questions, aud calling attention to the principal distinctions, and we hope some day to be able to carry out the principle more extensively, as we are sure it would prove extremely useful to articled clerks. The edition of Littleton above referred to contains only the modern portions, with notes and questions, &c., and can be had, sewed in stiff wrappers, for 2s. 6d.

PRELIMINARY AND INTERMEDIATE EXAMINATIONS.

We have before (pp 9, 10), noticed the provisions of the 23 and 24 Vic. c. 127 (the Attorneys Amendment Act), relative to future examinations in "General Knowledge," and "Progress in Legal Knowledge ;" and it has been announced that a committee of the Incorporated Law Society has made a report, containing some recommendations with respect to these two important matters. No little excitement has been occasioned thereby among those to whom such recommendations may have application. As already stated (pp. 10, 11), no clerks articled before the 28th of August, 1860, will be subject to such examinations, and they, therefore, will feel little interest, or at least alarm, at any system which may be established; but the case is very different with those who have been articled on or after the above date. The ultimate decision will rest with the Chief Judges of the Common Law Courts and the Master of the Rolls; but there can be little doubt that they will be greatly influenced by the recommendations of the committee of the Incorporated Law Society. It is this consideration which causes so much importance to be attached to the labours of that committee, and as many of our readers are of that class who will be affected by the Recommendations, we here reproduce them for their benefit. The report recommends that— In order to carry into effect the enactment in the 8th section, "That from and after the first day of Term, 186 every person proposing to enter into articles of clerkship for five years shall produce to the registrar a certificate either that he has successfully passed the junior middle-class examination established by the Universities of Oxford or Cambridge, or taken a first-class in the examinations of the College of Preceptors, or has successfully

passed an examination by special examiners in London, whom the committee further recommend that the Lords Chief Justices and Chief Baron, jointly with the Master of the Rolls, be requested to appoint, and that such last-mentioned examination take place halfyearly, and consist of two parts:

PART I.

1. Reading aloud a passage from some English author. 2. Writing from dictation.

English grammar. Analysis and parsing.

4. Writing a short English composition, such as a description of a place; an account of some useful or natural product; or the like. 5. Arithmetic. A competent knowledge of the first four rules, simple and compound, and vulgar fractions.

6. Geography. Questions on the geography of the world; but more particularly of Europe, and especially of the British Isles.

7. History. Questions on the outlines of English history-e.g., the succession of the sovereigns, the chief events, and some account of the leading men.

8. Book-keeping.

N.B.-The quality of the handwriting and the spelling in the several exercises throughout the examination to be taken into

account.

PART II.

Papers also to be set in the following six subjects, and each candidate to be required to offer himself for examination in two subjects at least, of which Latin must be one, but no candidate to be examined in more than four.

1. Latin.—Translation of passages from Cæsar's Commentaries de Bello Gallico (Books I. & II.), or from Virgil's Eneid (I. & II.). Candidates to have liberty of choice between the two works.

2. Greek.-Translation of passages from St. John's Gospel, or from Xenophon's Anabasis (Book I). Candidates to have liberty of choice between the two authors.

3. French. Translation of passages from Fénélon's Télémaque : easy English sentences to be translated into French.

4. German. Translation of passages from Schiller's Revolt of the Netherlands easy English sentences to be translated into German.

Besides these translations in the several languages, the candidate to be required to answer questions on the grammar of each selected subject.

5. Mathematics.-Euclid, Books I. and II. Algebra, to simple equations, inclusive."

6. Physics.-The Elements of Natural Philosophy.

Assuming that the proposal above set forth should be adopted, it would appear, from the word "proposing" at the commencement, that the "general knowledge" examination will not be required from those who have already been articled, but, as will presently be seen, the case is very different with the "progress" examinations in "Legal Knowledge," for as to these the same committee recommend"That all persons under articles of clerkship executed after the passing of the Act on the 28th of August, 1860, shall be examined, either in the term next before or next after one-half of his term of service, in such elementary works of the laws of England as may be appointed by the examiners; and that the names of the books selected for examination in each year may be obtained from the Secretary of the Examiners in the month of the previous year.

"That such intermediate examination shall be conducted in each term in the hall of the Incorporated Law Society, by the examiners appointed under the 6 and 7 Vic., c. 73, the orders of the Master of the Rolls of 13th January, 1844, and the rules of the Common Law Courts of Hilary Term, 1853, at such times as the examiners shall from time to time appoint."

The committee also suggests

"That in case the applicant should fail to pass such intermediate examination to the satisfaction of the examiners, he may attend the examination in the next or any subsequent term; but his examination at the expiration of the term of service under his articles shall be postponed for such length of time, or so many terms, as may intervene between his attempt to pass and his successfully passing such intermediate examination.

"And that each person, on giving notice, shall pay a fee of 5s., and on receiving his certificate for such intermediate examination shall pay a fee of 15s."

It will be seen that the committee propose that the Law Examination should be "in such elementary works of the laws of England as may be appointed by the examiners," a proposal which has the approbation of many persons, but which we consider very objectionable. No doubt it will have the advantage (if it be one) of placing the less-gifted and industrious on a level with the moregifted and industrious clerks, but will also have the effect of circumscribing the exertions of all classes of clerks, who will naturally be content with "getting-up" the works mentioned by the examiners, and thus a great incentive to exertion will be taken away. We refrain from indulging in further remarks, at present, as there will, no doubt, be an opportunity afforded of considering the proposals before their adoption by the judges. Indeed, we hear from pretty good authority that the judges have made several objections to portions of the report.

SUMMARY OF DECISIONS.

VENDOR AND PURCHASER.-Conditions of Sale-Requisitions on Title-Right to Answers-Vendor's Power to Annul-Rescinding Contract.-A condition of sale which provides that the purchaser shall, within a certain time, deliver requisitions on title, and that if he insist upon any requisition which the vendor shall be unable, or unwilling to comply with, the vendor may annul the sale; does not entitle the vendor to annul the sale without answering the requisitions, upon the ground that he is unable to comply with them. The purchaser is entitled to have the requisitions answered, in order that he may determine whether he will waive them or not (Turpin v. Chambers, 9 Week. Rep., 363)

CARRIERS.-Railway-Common Carriers - Liability-Declaration of Value-Demand of extra Rates-Affixing Notice-Collection by Van.-By the 1 Will. 4. c. 68, no mail contractor, stage coach proprietor, or other common carrier by land, for hire, shall be liable for the loss of, or injury to, any article or articles, or property of the description following (that is to say), gold or silver coin of the realm, or of any foreign state, &c. (enumerating various kinds of goods) contained in any parcel or package which shall have been delivered either to be carried for hire, or to accompany the person of any passenger in any mail or stage coach, or other public conveyance, when the value of such article or articles, or property aforesaid, contained in such parcel or package shall exceed the sum of £10, unless at the time of the delivery thereof at the office, warehouse, or receiving house of such mail contractor, stage coach proprietor, or other common carrier, or of his, her, or their bookkeeper, coachman, or other servant, for the purpose of being carried or accompanying the person of any passenger as aforesaid. The value and nature of such article, articles, or property, shall be declared by the person or persons sending or delivering the same, and such increased charge as hereinafter mentioned, or an engagement to pay the same be accepted by the person receiving such parcel or package." Where a railway company sent a van to receive a parcel and the sender declared the value to be above £10, but no demand of the extra rate was made by the company, and no notice of the extra rates was affixed to the van,-Held that the carrier must first demand the extra rate before any obligation arises on the part of the sender to pay it, under sect. 1 of 1 Will. 4. c. 68; that the notice of extra rates affixed in the office is not equivalent to a demand, and per Wilde B. that sect. 2 of the Carriers' Act only applies to the office of the carrier (Behrens v. The Great Northern Railway Co., 3 Law Tim. Rep., 863).

SUBETY.-19 and 20 Vic c. 97 (Mercantile Law Amendment Act) s. 5-Surety-Co-debtor-Assignment of judgment.-Under