known on the continent; but even on the continent, the length of legal instruments has been an incessant subject both of complaint and ridicule. Considering the multitude of combinations, of which even the most ordinary and simple transactions are susceptible, the necessity of providing for them all, and the accuracy of the terms in which this must be effected, it is obvious that some prolixity and minuteness of form, and some verbosity are necessary. But it admits of no doubt that these have been carried to excess: this has been most sensibly felt since the stamp laws have added so considerably to the expense of legal instruments and forensic proceedings. Of late, a great disposition has existed in the profession to shorten legal instruments, and to expunge much of their unnecessary tautology. To this system of curtailment, the Reminiscent hopes that he and his school,— (it must be acknowledged that they do him great honour,) -will be thought to have contributed; but much, certainly, remains to be done: yet, when forms, however prolix, have been found to answer their purpose, experienced practitioners only should tamper with them; it should not, however, be forgotten, that attempts to lengthen are at least as dangerous as attempts to shorten them.* * The length of legal instruments is often owing to the necessity of providing for a multiplicity of contingent events, each of which may happen, and must, therefore, be both fully described, and fully provided for. Of the nature and extent of this multiplicity, the party himself is seldom aware: sometimes even his professional adviser does not feel it, until he begins to frame the necessary clauses. A gentleman, upon whose will the Reminiscent was consulted, had six estates of unequal value, and wished to settle one on each of his sons and his male issue, with successive limitations over to the other sons and their respective male issue, in the ordinary mode of strict settle III. 8. Course of Study of the Law of Real Property recommended. HERE the Reminiscent begs leave to mention the best mode of acquiring the knowledge of the law of England respecting property, which his experience suggests. ment; and with a provision, that, in the event of the death and failure of issue male of any of the sons, the estate devised to him, should shift from him and his issue male to the next taker and his issue male, and failing these, to the persons claiming under the other limitations; with a further proviso, that such next taker's estate, should then shift in like manner to the taker next after him, and the persons claiming under the other limitations. It was considered, at first, that this might be effected by one proviso; then, by two; and then by six; but upon a full investigation, it was found that it required as many provisoes as there can be combinations of the number 6 ;Now, 1X2X3X4X5 X6=720. Consequently, to give complete effect to the intention of the testator, 720 provisoes were necessary: By a similar calculation, if a deed, which the Reminiscent was instructed to prepare, had been executed, the expense of the necessary stamps would have amounted to ninety millions seven hundred and twenty-two thousand pounds. Ten persons, each of whom was possessed of landed property, having engaged in a mining adventure, a deed of partnership was to be prepared, which was to contain a stipulation that, if any one or more of the intended partners should advance money to any other or others of them, the money lent should be a charge, in the nature of a mortgage, upon the share or respective shares of the borrower, or respective borrowers, and overreach all subsequent charges,—thus the charges were to be considered, in effect, as mortgages actually made by the deed. Thus, in the contemplation of equity, the estate was actually to be subjected by the deed to as many possible mortgages as there can be combinations of the number 10. Each of these possible mortgages being for an indefinite sum, would require the 251. stamp: Now, 25 X2X3X4X5 X6X7X8X9X10=90,720,000. 66 The student should begin by reading "Littleton's Te"nures," with extreme attention, meditating on every word, and framing every section into a diagram; abstaining altogether from the commentary, but perusing "Gil"bert's Tenures."-After this, he should peruse "Sir Mar"tin Wright's Tenures, and Mr.Watkins's Treatise on Descents;" and then give Littleton's Tenures a second perusal. After this second perusal of the text, he should peruse it a third time, with "the Commentary of Lord "Coke," and afterward peruse "Sheppard's Touchstone," in Mr. Preston's invaluable edition of that work. The Reminiscent presumes to suggest, that the student may then usefully peruse "the notes on feuds, on uses, and on "trusts," in the last edition of Coke upon Littleton ; and then read Littleton and Coke, and the notes of the last editors. The Reminiscent may appear to recommend too much attention to Littleton and Coke: but he never yet has met with a person, thoroughly conversant in the law of real property, who did not think with him,—that he is the best lawyer, and will succeed best in his profession, who best understands Coke upon Littleton. Against one error, he begs leave particularly to caution the student: -not to suspect, for a moment, that, because he himself does not see the utility of what he reads in this work, or the application of the part of it which he is reading, to any practical purpose, it is therefore useless. There is not in the whole of the golden book, a single line, which the student will not, in his professional career, find, on more than one occasion, eminently useful. Being thus saturated with the venerable black letter, he should peruse, but with the most profound attention, "Mr. Saunders's Treatise on Uses and Trusts, and Mr. “Preston's Treatises on Fines and Recoveries," and then proceed to "Mr. Fearne's Essay on Contingent Remain"ders, and Mr. Sugden's on Powers."-After this, he should read for law, "Plowden's Commentaries;" for equity, the article" Chancery, in Comyns's Abridgment;" comparing it throughout with "Mr. Peere Williams's "Reports," in Mr. Cox's edition, and reading all the cases to which these refer.-His own experience and feelings will then direct his future studies. But, in the outset of his study, he should place himself with some professional gentleman engaged in drawing conveyances or forensic proceedings; and, as far as it is compatible with this engagement, should attend the courts of justice. The whole course of study suggested by the Reminiscent may be achieved in four years, if they are employed in the manner described in the well known verses of lord Coke, Sex horas somno, totidem des legibus æquis, Quatuor orabis, des epulisque duas ; Quod superest, sacris ultro largire camœnis.* * When the jesuits settled the plan of education to be observed in the Collège de Clermont, the physicians were consulted on the portion of time, which the students should be allowed for sleep; they declared that five hours were a sufficient, six an abundant allowance, and seven as much as a youthful constitution would bear without injury. The college falling into decay, it was re-edified by Louis the fourteenth, and received the appellation of the Collège de Louis le Grand. Upon this occasion, a poetical exercise alluding to it was required from the students.-The city of Nola had recently given them the Collegio del Arco, and they were in possession of the Collège de la Flêche, in France. Alluding to these, a saucy boy wrote the following verses, and the professor good humouredly assigned him the prize: If the student cannot bestow the whole of this period on legal reading, he should peruse "Mr. Cruise's Digest," an able abridgment, but not without original matter, of the most useful parts of all the works, which we have recommended to the student's perusal. It remains for the Reminiscent to enter his protest against the general opinion, that the law is a dry and unpleasant study: such, he never found it, and such, he believes, it has never been found by any person, who has applied himself to it with sufficient natural and acquired endowments and a determined resolution not to be disheartened by its first difficulties. "I am not afraid to affirm," says Cicero, with honest or affected prejudice," that the brief compositions of the "Decemvirs surpass in genuine value the libraries of Gre"cian philosophers." Gray, with more moderation and justness, says in one of his letters to Mr. West," Laws "have been the result of long deliberation; and that, not "of dull men, but the contrary; and have so close a con"nexion with history, nay with philosophy itself, that "they must partake of what they are related to, so "nearly."* "Arcum Nola dedit patribus, dedit alma Sagittam The saucy boy was afterward the cardinal de Polignac. It is observable that lord Coke, by his verses in the text, recommends to his students, just twice as much time for prayer, and twice as much for their meals, as the jesuits prescribed to their students. * How greatly is it to be lamented, that a person with the mind of Gray, and his talents for composition, both in poetry and prose, should have consumed so much of his time in framing tables of botany and chronology! |