C have been, under these circumstances, entitled to the money * ?

There cannot be a better preparative than this for the student who meditates an early entrance into court. He will have been so accustomed, as it were, to take himself by surprise, that he will be prepared for all the "chances of the war,"-he will suffer no one else to take him by surprise. If a judge suddenly pops upon him an artful question, he will be ready and dexterous, while another would be posed, and either faintly stammer forth a ridiculous reply, or sink, as if suddenly stupified, into his seat. A small affair of this kind once happened to the author. He had occasion, soon after commencing practice, to appear before a judge at chambers, and had arranged in his mind a "most neat and appropriate" statement of the case— when an ugly query, somewhat varying the aspect of facts, was started by his Lordship ;-whether or not the author acquitted himself satisfactorily, he does not choose to state; he well recollects blessing himself, however, that he was not in open court, but in a dingy little chamber at Serjeant's Inn, and before a very learned, but kind-hearted judge! On returning to chambers, he happened to cast his eye upon a passage in a familiar text-book, that had he but recollected it five minutes before,-why, he would have been all the better pleased.

* See Crowfoot v. Gurney, 9 Bing. 372, and Best v. Argles, 4 Tyrr. 256.

It is becoming every day more frequent with the judges to interrupt counsel in the course of their argument, by suggesting questions, and putting cases, which are often very trying and dangerous to those who have not either had long experience, or have accustomed themselves to continuous reading and thought in private and nothing is a more satisfactory test of legal ability, than the readiness with which such sudden and unexpected objections are answered. If the train of a man's ideas is on these occasions altogether interrupted -it is clear, either that he is not sound and firm in his law, or lacks that clear-headedness, confidence, and presence of mind which are essential to success.

While, however, the student is anxious to acquire the habit of looking at facts in a legal point of view, he is cautioned against pushing it too far, and falling into a captious, quibbling, crotchetty humour. He must remember that there is a common sense view to be taken of even the most complicated factsone which the judges themselves are always anxious to take and present to a jury. Medio tutissimus ibis. Many men are very successful at the bar, especially at Nisi Prius, merely through possessing this valuable faculty.

SECTION IV.

HINTS FOR FACILITATING THE MASTERY OF

COMPLICATED CASES.

"Je veux parler seulement," says M. Renouard *, "de cette aptitude pratique qui découvre promptement le siége des difficultés, prend un parti sur leur solution, écarte les circonstances étrangères et les accessoires inutiles, s'appuie à propos sur des axiômes généralement admis, et sur des exemples non contestés, qui, sans posséder parfaitement les sources de la doctrine, sait du moins y recourir sans embarras, et les consulter avec fruit.

"Pour acquérir cette aptitude, et le degré de science qu'elle exige, l'usage des affaires est le supplément indispensable, des leçons puisées dans les écoles, et même des meditations du cabinet.-Cet apprentissage pratique est une préparation que rien ne saurait complétement remplacer, et qui doit nécessairement précéder l'exercise de la profession d'avocat."

Some minds have naturally a wonderful aptitude for mastering the most intricate combinations of factsseeing at a glance their true bearings, and remembering them with accuracy for any length of time. This is a very rare and valuable quality in a lawyer-one

* Thémis, IV.

which will enable him to discharge the most arduous professional duties with ease and rapidity. Attention, and judicious exercise, however, will give a high degree of this power to even those who have long, and with reason, despaired of acquiring it—who have lamented the want of a clear and comprehensive intellect. He who is in this situation, and would better himself, must not only begin well, but "persevere in well doing :" and that he may do this effectually, he is requested to attend to the following brief suggestions.

Let the student address himself to any statement of facts, or arguments, either in the books or in actual business, with calmness and deliberation,-not permitting his mind to wander, or hurry over details even apparently the most insignificant. It requires much skill and experience to know what facts are, and are not insignificant ; and the student must wait for some years, before he undertakes such a decision-at first sight. Let him read right through it, from the beginning to the end; and in doing so, make any notes or marks he pleases in order to assist his recollection of what appears to be of leading importance. Then let him cast off his eye, and strive to go over the whole in his mind a habit which will be attended with several advantages. It will teach him forcibly the frailty of his own powers-his indistinctness of apprehension, his feebleness of memory. Before he undertook this ordeal, he probably fancied himself in perfect possession of what he had read-that he retained a distinct and or

:

derly recollection of the whole, when-alas, mortifying fact!--he finds himself, on being put to the trial, utterly at fault; scarce a trace clear-but all indistinctness, confusion, and error. Is not this, then, calculated to shock him into strenuous efforts to remedy so serious and fundamental a deficiency?—A second perusal will probably clear up many-a third, all obscurities: he will then have his case fully in his mind-so that he could undertake to state it even in open court, before judge and jury and having thus mastered the facts, he will not find much difficulty in applying to them the law. Let the student persevere in this course for a little time, and he will soon find how it has quickened and invigorated his powers. It will inure him to habits of patient investigation, accurate discrimination, tenacious retention, and decisive judgment. Six months' perseverance will form this habit, and repetition will improve it to an extent he could scarcely have believed. He will be no longer under the distressing necessity of reading a thing, on perhaps the most urgent occasions, three or four times over, before he can take it in, each time letting slip more than before,-till he is fatigued, irritated, and confused, beyond the power of recovery, and has earned, perhaps, the ruinous character of "a muddle-headed fellow."

Discrimination must be used in choosing the subjects of such exercises as these. Those cases must be first selected which are comparatively short and simple, and gradually those more difficult and complex,