Letters To A Law Student PDF

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LEWIS’ INDEX to the Ontario Statutes. An alphabetical index to
the Ctatiites of Ontumio, d_0wn to, and including the year 1884,
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Execution and Revocation of Wills, and to testamentary ca.pacity.-
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CARSWELL & 00., LAW PUBLISHERS, _

26 & 28 Adelaide Street East, Toronto.
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Public Statutes, relating to the Presbyterian Church in Canada;
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OARSWELI. 8: 00., LAW PUBLISHERS,

26 8: 28 Adelaide Street East, Toronto.
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LETTERS
TOA
LAW STUDENT.
BY
Q
]UNIUSj JESSEL 1§_URKE,
Of Osgoode Hall, Barrister_atzaw.
“ Carpe diem * * ."

Q. H. FLACCUS.
T,’
T O RO NT0 :
CARSWELL & 00., LAW BOOK PUBLISHERS,
1887.
JJ ._,.4
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Entered according to Act of Parliament of Canada, in the year one thousand
eight hundred and eighty-seven,§by CARSWELL & Co., in the oflice of
the Minister of Agriculture.
rnmrnn BY
Moom-: & Co., Luv PnnvrEns,
‘.20 ADELAIDE s-r. EA s-r,
TORONTO
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PREFATORY.
\
Q-1‘.
Before making up my mind to publish the en

closed, I submitted the manuscript to a very learned
friend. A few days afterwards I had the pleasure
of receiving back my letters with the following
testimonial endorsed thereon: “Re Burke and (Joke
—Tax a fee of $50 to Mr. Burke on the within.
—--R. G. D.”
I think my readers will agree that a commenda
tory opinion, expressed in language so concise, yet
elegant, and to the point withal, was sufficient to
induce me to publish the letters which I wrote to my
young friend COKE-UPON-LITTLETON.
J. J. B.
l575Q§
LETTERS TO A LAW STUDENT.
I.
MY DEAR COKE-UPON-LITTLETON :
You are thinking of studying the law. Well, I have
a few friendly words to offer for your consideration.
If your aim be to become a lawyer in the full sense of
the term, your task is no light one. You are devoting
yourself to a life of hard work, and never ending study.
It is otherwise if you merely desire to become a mem
ber of the legal profession. Any man of ordinary parts
who makes the same eifort to succeed in law as he
would make in any other pursuit, will get on. He
may become Solicitor, Barrister and even Queen’s
Counsel without becoming a lawyer. I tell you, sir,
that all the lawyers in this country could muster on a
place much smaller than the Plains of Abraham.
Keep the distinction well before your mind. If you
desire to become a lawyer you have a career of untir
ing application and industry to face. You must
possess or succeed in acquiring what is called the
“legal mind,” or the faculty of being able to trace
6 LETTERS T0 A LAW STUDENT.
legal distinctions. Until you possess this qualification

it is almost self-evident you cannot be considered a
lawyer. Now this “legal mind ” is generally only
acquired after undergoing a thorough legal training.
It is not an inborn talent, as is said of the poetic
mind, “ poem nascitur non fit." Poetry and law are
wide apart; and although the poetic talent may be
intuitive there is no reason to suppose that the legal
talent is so. Natural ability no doubt is useful in
every walk of life, mechanical and professional, but it
amounts to very little if it be not developed and
expanded by artificial means. In the history of
English law you will find that the eminent lawyers of
the past and present elevated themselves by means of
their untiring zeal in the study and practice of their
profession. As a general rule true genius, in any
sphere of life, is but another name for hard work;
and of no profession is this more true than the profes
sion of law. Your desire to become a lawyer can
only be realized by a thorough consciousness of this
fact. My first advice, therefore, is that you enter
upon your calling with a fixed determination to stand
hard work. Without hard work there can be no
success.
LETTERS TO A LAW STUDENT. 7
II.
If it be in your power to do so I would recommend

you to enter into a well established office wherein the
practice is of a general nature. In these days a
lawyer requires to have a knowledge of all branches
of legal work. Very few men can hope to succeed by
specialty work in a new country such as ours. Choose
an oflice, therefore, in which there is a steady practice
going on in the Common Law and Equity Courts.
Having entered a suitable office, your next object
should be to make yourself useful in the business as
soon as possible. Of course for the first year or so
you cannot expect to go beyond routine, but even in
this you will find always something to learn.
Let your aim be to acquire a proper method in
your performance of office duties. After you have
emerged from mere routine to work of a higher nature
your purpose should be to take upon yourself as much
of the responsibility of the office as your position will
admit. By being thus thrown more and more upon
your own resources any latent powers you have will
be developed and you will at the same time school
yourself in that discipline of self-reliance without
which you cannot hope to face the duties of an active
professional life. Now, you must begin your study of
your profession on the very first day you enter an
office. Everything will be vague and difficult at first,

but you must study the business right from the begin
ning of your articles. A practical knowledge cannot
be obtained from books alone nor yet without books.
The application of principles can only be learned in
actual practice. Your endeavor, therefore, should be
to apply your reading to the business which you will
see going on in the office. Connect your reading with
the practice in the ofiice. This is the golden rule for
gaining a practical knowledge of your profession, and
in my opinion, it is almost impossible to overrate its
importance. If the practice be in equity or common
law litigation, strive to understand the principles
which govern these matters by reference to your
equity or common law text books. So with regard to
conveyancing and actions to try a right to land, let
your aim be to understand these things by the light
of your reading in real property law. Youwill, of
course, find it diflicult to do so with any marked
success at first. The practice may be above your
reading at the time, but this should not deter you
from getting at the bottom of as many points as you
can.
The simplest transaction that takes place in the
ofiice practice has some object and should put you
upon enquiry. If you are only transcribing a deed or
lease of land it is of importance that you strive to
comprehend its legal effect. The words of conveyance
—the different recitals or premises-—the clauses and
conditions—their use and signification—all these
afford matters of intelligent study to the student who

would master his profession. So in the' conduct or
defence of an_action it becomes your duty to under
stand why the pleadings are drawn thus—why the
suit is thus prosecuted and thus defended—why this
or that form of procedure should be adopted. Do not
attempt, however, to grasp at the full knowledge of
each of these matters as it arises—that were impos
sible—-but endeavor to master as much as possible
under the circumstances. By so doing you will be
daily adding to your stock of practical knowledge, and
after a time you will be surprised to note the clear
ness with which you can comprehend what was, in
the beginning, of a difficult aspect.
10 LETTERS TO A LAW srnnnnr.
Ill.
As to your course of reading I may say that the list

of books framed from time to time for the examina
tions at Osgoode Hall, furnishes the names of the
works which are calculated to convey a fair elemen
tary knowledge of our law. There are no useless
books on the curriculum—they all contain useful in
formation for the student. But apart from your
examination studies I would advise you to read from
time to time as many works of the leading text writers
as your time will permit. I cannot too strongly
recommend to you to study thoroughly Blackstone’s
Commentaries on the Laws of England, and Story’s
Treatise on Equity Jurisprudence. These books
should be taken up by every student at the very begin
ning of his studies, and should be read and re-read
until the main principles are thoroughly mastered. I
tell you, sir, that you never can know Blackstone or
Story too well. Many propositions and doctrines
contained in the commentaries have no doubt been
discarded, or overruled, or altered by legislation, but
in the main Blackstone’s law is in full force and vigor.
As to the Treatise on Equity Jurisprudence, you can
safely adopt almost every principle laid down by
Judge Story in his admirable work. There has been
practically hardly any judicial or legislative altera
LETTERS ’ro A LAW STUDENT. 11
tion made regarding the doctrines of equity as expound

ed by the great American jurist. When you have
read the commentaries and the equity treatise, you
will have obtained a comprehensive survey of our
whole jurisprudence. These works practically cover
the whole domain of English law. Besides these I
would also recommend you to read the annotated
editions of Smith’s Leading Common Law Cases, and
Tudor’s Leading Cases in Real Property. This reading
properly belongs to your final year, and if pursued
attentively, will serve as a sort of relaxation from your
examination work. The leading cases will not only
instruct you as to the fundamental principles of the
law, but the reading of them will educate you in the
art of tracing legal distinctions, and thus prepare you
to take part in the debates incident to your profession.
12 LETTERS TO A LAW srunnnr.
IV.
As to the method to be pursued in your reading I

have a few observations to make. I would advise you
to read each text book for the first time without taking
notes. The first reading should be employed in gain
ing a general notion of the subject and of its branches.
And when you read your book the second time you
will understand its scheme or plan, and thus be en
abled to study in an intelligent manner. In your
second reading take very full notes of everything that
you understand. In regard to definitions they should
be copied verbatim. Take for instance the definitions
of “rent,” “promissory note,” and “ deed.” These
are generally expressed so clearly and concisely by
the text writers that it is better to adopt them ver
batim than to express them by any other form of
words. They should not only be accurately copied,
but they should be committed to memory. But,
excepting definitions, your notes of your reading
should be in your own language. It is not useful to
transcribe from the book. Do not, then, be a mere
copyist as regards note taking. Express the different
points concisely in your own words, and the very
effort of doing this will test your knowledge of the
various matters and fix them on your memory. _
Some students prefer to dispense with notes and
consider that the memory is better exercised when the
LETTERS TO A LAW srunnnr. 13
studies are thrown entirely upon it by the reading

alone; but this is a mistaken notion. The practice
of taking notes is useful, because the impression by
writing added to the impression by reading is sure to
fix the subject matter on the mind in an enduring
manner. And when I speak of note taking, I refer to
its being done with this enduring retention in view.
You will find it an interesting and profitable exercise
to attempt, now and then, to write a summary of a
few hours’ reading, after closing your book. By so
doing you will test your powers of memory and your
ability to digest what you read.
You will have noticed that I recommended you to
take notes only of what you understand in your reading.
This qualification is most important. You must of
necessity from time to time meet with many things in
your studies above your immediate comprehension.
Now as to these matters you should rest content with
the reading, and refrain from note taking, and the
reason I say this is because I think it is much more
desirable that you should have no impression at all
on a given point than run the risk of receiving a
wrong impression. In law it is better to have no idea
than to have a false idea. Experience will teach you
the force of this.
14 LETTERS TO A LAW STUDENT.
V.
Let me caution you, my dear Coke-upon-Littleton,

against looking invariably for logical sequence in our
law. There can be no doubt that the art of logic is of
much help in a general way, but you will be led into
many doubts and difficulties if you seek for the logical
element in all conclusions at which you arrive in
your reading. A student just fresh from his academic
course is too apt to expect a logical exactness and a
mathematical precision which our jurisprudence does
not afford.
The English law is a compound law, pretty much
as the English language is a compound language;
and it presents many anomalies and incongruities.
It lacks the coherence and harmony which are to be
observed in the Civil law, but at the same time the
English law presents many beauties not to be observed
in any of the continental systems of jurisprudence.
But logic is not one of the characteristic beauties of
British law, whatever other particular charms it may
boast. Do not, my dear friend, attempt to test every
principle by the ordinary rules of reasoning. A con
clusion may be perfectly legal and yet not be perfectly
logical. In other words, what is very bad logic may
be very good law. Remember this.
LETTERS T0 A LAW srunsnr. 15
You must guard yourself, moreover, against assum

ing that a conclusion must be wrong because it
involves a paradox. Quite recently in England a
learned Chancery Judge, in arriving at a decision
upon the construction of a will, held that the testa
tor’s daughter would be entitled to a certain fund
absolutely if she should die without leaving issue. It
being elementary common sense that a dead person
can take nothing and can inherit nothing, you might
naturally suppose that the testator’s daughter could
not, by dissolution, better her circumstances in this
world. But it seems that on some occasions it may
be otherwise. If the Judge were Irish we should call
this decision “ an Irish bull ;” but being an English
man, we call it “ a paradox.”
Never allow yourself to fall into the error of suppos
ing that a particular point of law has been more or less
force in proportion to your ability to understand its
origin. There are very many propositions in our
jurisprudence which it would be difficult to find a
reason for, but which nevertheless are fully as bind
ing as those the origin of which is quite clear. Now
when you come upon conundrums of this nature,
my advice to you is this: When once you have
satisfied yourself that you understand the legal
effect of given propositions, you can generally rest
satisfied and not overtax your mind with burdensome
enquiries into the reason of them. Just take them
as they are and waste no time over them.
Q. ‘
I would also have you guard yourself against con

founding the illustration of a principle, with the prin
ciple itself; many students take the illustration liter
ally instead of looking at the principle involved. A
condition, which declares that in case a devisee marry
a Scotchman her estate shall pass over to another
person, is perfectly good, according to decided cases.
But you are not therefore to assume that our law
discriminates against Scotchmen. In this country a
Scotchman has the same rights as any other man
provided he behave himself.
1~
LETTERS ’ro A LAW srunsnr. 17
VI.
As to the difficulties you will meet in your studies,

you must always remember that your profession is by
no means an easy one to master even in theory.
When you are in doubt as to the meaning of apartic
ular passage the best way is to consult some legal
friend. In nine cases out of ten this is much more
satisfactory, than to strive to clear up the difliculty
by your own effort. In any event, I would advise you
not to strive to master each page or chapter of your
book as a sine qua non to your going on to the page or
chapter which follows. It is often impossible to do
so. If, after giving a reasonable amount of attention
to the matter in hand, you still fail to understand it
then, I say, pass it by for the time being, and proceed
to what follows. It is much better to allow the page
or chapter to rest for the present than to waste valua
ble hours in trying to decipher its meaning. The
time is generally much better employed in going for
ward, and generally the subject is cleared up and
explained by the subsequent reading. It is also a
very wise thing to refer to the authority which is cited
in support of an obscure passage. By doing this all
vagueness in the text may be cleared up. In the
more elementary works, designed for the use of stu
dents, a great many propositions must necessarily be
2
compressed within a narrow compass ; and the law is

therefore often laid down in such general terms or in
so concise a manner that it must be often difiicult to
comprehend it. But all text books of English law,
howsoever elementary they may be, contain a refer
ence to authority in support of every main position.
You will be referred to some other text writer or to
some decided case. Upon consulting that particular
text writer his language on the particular matter may
be so perspicuous that your doubt is at once removed.
Or perhaps by referring to the report of the decided
casein point you may find that it contains a plain
exposition of the question which was in doubt, and it
may so illustrate the same by its particular circum
stances as to impress its principle upon your memory
in a lasting manner. As a general rule the average
text book is merely a well arranged digest of cases or
a compendium
meaning of principles
and effect of which derived thence,
cannot be the full
seenlwithout
referring to their originals.

Every text book should be read thoroughly. No
superficial reading will avail. Aim at acquiring a
knowledge of the subjects more with a view of adding
to your stock of law for use in after-professional life
than for the purpose of a mere temporary success in
your examination. Read every book therefore with
the primary object of qualifying yourself to perform
the duties required in your profession. Your success
at the Osgoode Hall examinations should be consid
ered secondary. If you consider the matter rightly
LETTERS T0 A LAW srunnnr. 19
you will treat your studies up to your final examina

tion, as merely preliminary to the real study of your
profession. Until you enter upon the actual duties of
your professional life on your own responsibility, you
cannot expect to have implicit confidence in your
knowledge. A really solid acquaintance with the law
is only acquired from actual experience in the conduct
of a law ofi‘ice. It is then that the theories you have
studied are developed, and the real study of the law
is proceeded with. Let the success which attends you
upon your examinations at the Hall be brilliant, but
that which you achieve afterwards in actual practice
will altogether depend on the completeness and
thoroughness with which you retain what you have
studied, and upon your ability to apply that know
ledge in a practical way to every day concerns.
VII.
Let me impress upon you the importance of your

acquiring a thorough knowledge of the law relating
to procedure, familiarly known as “practice” law.
Most of law students underrate its value. Do not
fall into this mistake. No lawyer can reasonably
expect to make progress in his business until he has
made himself familiar with this branch of learning.
Therefore I advise you to begin right from the
beginning of your studentship and keep right on to
the end studying the rules of procedure contempo
raneously with your other studies. Sometimes a.
knowledge of apoint of mere practice becomes of
great moment to the practitioner. For instance, the
question of trial by jury or without a jury, is often
settled by mere practice rules. Yet the appropriate
tribunal for the trial of a particular case is a matter
of substantial importance. Then again, as regards
the question of costs, the solicitor who is ignorant of
practice law must always be at a disadvantage in
conducting his proceedings, because the expense of
every slip he makes will generally be saddled upon
himself or upon his client. Many similar illustra
tions could be furnished to shew you how advisable
it is for you to study procedure. Make the same
effort to acquire a knowledge of practice law as you
would make in the study of the other branches. Take
LETTERS TO A LAW STUDENT.
notes of every new point as it arises. Keep a special

book for that purpose.
The art of drawing pleadings is one in which every
good lawyer should be proficient, though I regret to
say that it seems in a fair way of becoming one of the
lost arts. The rules of pleading under the Judicature
Acts have done away with almost all technicalities
of form belonging to the old procedure, but the sub
stance of pleading remains exactly as it was before
the Acts. After you begin to fairly understand
general principles, say in your third year, you should
try your hand at drafting. Of course, your first
attempts will be rather crude and demurrable, but
you will improve by degrees in proportion to your
practice. To be a good draughtsman you must first
be a. good lawyer ; and therefore you cannot hope to
master the art during your term of oflice service.
Until you know the law from practical experience,
and not merely from books, you cannot have full
confidence in your ability as a pleader. The grand
and fundamental rule for pleading as well as advising
is, “First learn the facts, then apply the law.” But
unless you have a good knowledge of law it will be
almost impossible to make a useful enquiry into the
facts. Although you cannot expect, therefore, to
become an expert draughtsman as regards the sub
stance of your pleading until after considerable
experience and practice, you should in the meantime
perfect yourself in the accomplishment of being able
to state your case concisely and with clearness.
VIII.
You will derive great advantage from attending

the trial sittings of the High Courts. But to derive
instruction, you must endeavour to follow the pro
ceedings intelligently. Try and understand the
issues in each case. No doubt you will be in a lab
rynth at first, but by perseverance you will extricate
yourself from your doubts and difficulties accordingly
as you progress in your knowledge of law and prac
tice. Your great aim should be to apply your know
ledge as far as it extends, to the matter in hand.
Your interest in each case that comes up for trial,
must depend on how far you understand the exact
questions in controversy. A practical acquaintance
with the proceedings in the trial of civil or criminal
cases cannot be acquired from reading; you must
study from real life how the great business of the
administration of the law is conducted. A very
important branch of English law is that which con
cerns the subject of Evidence. When you are study
ing the rules relating to this subject, you must
endeavour to study how they are applied from time
to time during the trial of a cause in open Court.
When you are sufficiently advanced to properly ap
preciate the laws of Evidence, you will find the
subject to be one of the most entertaining branches of
»'~~@ -_ :___,_ __ __.__ __

our Jurisprudence, and whether these rules concern

procedure merely, or substantial law, they should
be thoroughly mastered by every student who has
ambition to become a lawyer. The onus of proof—-_the
right of rep1y—the admissibility of a d0cument——
these may be small matters in themselves, but very
often the loss or gain of a case may turn upon them.
But over and above all things, the chief thing you
should learn from the trial courts is the method of
conducting a case. This involves principally the
proper examination and cross examination of wit
nesses. You must possess or acquire a fair quantum
of that desirable commodity popularly called “ com
mon sense”—and you must also study human nature.
Common sense and human nature are just as essen
tial as legal knowledge to the skilful examiner. Many
a poor case is gained by the art of the advocate in
presenting it. On the other hand, many a strong
case is lost owing to bad management.
-Q/X?>§§&>¢-_
IX.
I have already warned you of the danger of always

applying the rules of logic in reaching legal con
clusions, but I think it incumbent on me to point
out to you, in an especial manner, that there is no
part of our law to which that caution can be more
wholesomely applied than that portion which treats
of the canons of interpretation of documents and
statutes. These are called “Rules of Construction,"
and their object is to clear away any ambiguity that
may appear on the face of an instrument or statute.
Many attempts have been made by very learned
writers to reduce the art of interpretation to an
exact science by means of set maxims, doctrines and
canons. But beyond exhibiting the ingenuity of their
authors, these attempts have for the most part failed
in achieving any practical fulfilment. The Rules of
Construction have become so flexible and variable in
the hands of modern English Judges, that it is almost
impossible to state, in these days, their correct limits
or application. The “Golden Rule of Construction "
enjoins an interpretation according to the plain meaning
of words, in the absence of clear indication to the
contrary. Yet this rule has been so battered about
and shaken up of late years, that I fear Baron Parke
would not recognize it now if he were in the flesh.
- - --_ :,_-~—- ll
LETTERS T0 A LAW srvnnnr. 25
Its reputation is shady—therefore do not make too

familiar with it or you may get into trouble.
Let me illustrate. You would never suppose the
word “ money” could be said to be ambiguous. It
would strike the vast majority of the unlearned that
there is scarcely a word in the language more plain
than this. “ Money" is understood to mean actual
cash or currency which passes from hand to hand.
Well, suppose Mr. Jones wills the money of which he
is possessed to Smith for life and afterwards to his
children. What passes by the will? By applying
the Golden Rule, you come to the conclusion that all
Jones’ money goes over‘? My dear friend, you were
never more mistaken in your life! If Jones owned
leasehold estates, or household furniture and efiects,
these also would pass by the bequest which was made.
A leasehold estate is not a thing that a man carries
around with him as a medium of exchange ; neither
does a drawing room sett pass from hand to hand as
currency, as a general rule; yet these things are
“ money” in the eye of the law for the_ purposes of
Jones’ will.
Let me further illustrate. Suppose I let you a
house on the agreement that you shall not use the
same as a public house, tavern, or beershop ; if you
afterwards take a grocer’s license to sell beer to be
drunk ofi the premises, you become thereby guilty of
a breach of your contract. On the other hand, sup
pose I let you a house on the agreement that you
shall not use the same as a public house, tavern or
beerhouse; if you afterwards take a grocer’s license

to sell beer to be drunk ofi" the premises, you would
not thereby become guilty of any breach whatever.
Perhaps you don’t quite see the line of demar
cation ? Well, it is just this : in the former case the
governing word is beershop, and in the latter it is
beerhouse. The light does not yet break in upon
you? Really, I regret I cannot illuminate. Until
you possess a “legal mind” of sufficient power to
grasp the mighty distinction between Tweedledum
and Tweedledee, you must remain in outer darkness.
~»z+%?=—-<+1+
0
LETTERS T0 A LAW srunnnr. 27
X.
And if it can be truly said that the generally known

Rules of Construction are uncertain guides in ascer
taining the meaning of ordinary documents, it can
also be correctly affirmed that they are still more un
reliable when employed in the interpretation of the
statute book. Take for instance the rule that “ a
statute which reforms the law should be so construed
as to repress the former mischief and to advance the
remedy.” This seems quite lucid. But each Court
and perhaps each Judge that interprets the new legis
lation may differ from the other, both as to the mis
chief that was and as to the remedy that is to be. So,
here, this very plain canon of interpretation amounts
to nothing in practice; or rather it is, in its result,
somewhat like that one of toss up which a late emi
nent master of the Rolls used to call “the rule of
thumb.”
On questions of our constitutional law I would be
glad to be able to say that I could refer you to some
authoritative tribunal whence you would learn the
general principles upon which the British North
America Act is based. The Judicial Committee of
the English Privy Council is our Court of ultimate
resort, and you would therefore suppose that it was
also the Court of best resort ; but it is often far other
wise. The great constitutional questions agitated in

this country are generally questions as to the relative
jurisdictions of the Federal Parliament and Local
Legislatures under our great charter of confederation.
But neither by applying the Rules of Construction,
nor by using the elements of Whately or Locke, can
you hope for enlightenment from the decisions of the
judicial committee as to the general interpretation of
the British North America Act. Say, for instance,
this tribunal decides that a certain subject of legisla
tion appertains to the Federal Parliament. Well, by
the time you have this point well settled in your mind,
you will be surprised with a later judicial expound
ment by which the lawyers of the Privy Council aflirm
that in another aspect that same subject of legislation
appertains to the Local Legislatures. And your
beacon-light for the future will be some such practical
rule as this : “ Subjects which in one aspect belong to
one jurisdiction may in another aspect belong to
another jurisdiction.” So that, in the end, you will
gain the important information that the true solution
of these vexed quest_ions all depends upon the way they
are looked at.
‘The rule seems rather indefinite, but even in the House of
Lords now and then you will find the law laid down on rather
wide lines. In a recent celebrated case involving the question
as to a wife’s power to pledge her husband’s credit for articles
of millinery supplied by a tradesman, the learned Lord Chancellor
in the course of his judgment held that “ the question, whether as
a matter of fact, the husband has given authority to the wife,
must be examined upon the whole circumstances of the case.” That
proposition certainly was sound, but surely one need not go to the
House of Lords to learn that a question of fact has to be decided
upon the circumstances of the case.
LETTERS T0 A LAW STUDENT.
Now, my young friend, I think I have shewn you

the dangers to be guarded against. Let me give you
one supreme canon of interpretation which you can
substitute for all those which are in the books : When
called upon to construe any document or statute, just do
the best you can to find the meaning, without the aid of
any rules whatever. By so doing you will probably
hit bull’s eye five times out of ten ; which is fair
average shooting. Whereas if you try to steady your
aim by means of any maxims or rules, the odds will
be ten to one that you miss the target.
~
XI.
My dear Coke-upon-Littleton, when you have

passed your final law examination do not forthwith
imagine that you have a special mission to teach law
to the Judges upon the Bench. Now and then, per
haps, the Judges may require to be enlightened by
the Junior Bar upon the more abstruse branches of
our jurisprudence, but as a general rule they do not
need such assistance. Let me advise you to shew
becoming deference to the Court at all-times. When
you happen to difl-er in opinion from the Judge do not
be carried away with the notion that you must be
right and the Judge must be wrong. The balance of
probabilities, as between the Junior Bar and the
Bench, is generally in favour of the Bench.
I cannot conclude my correspondence with you
without making a few observations as to the con
duct you should pursue in practising your profession.
In the first place you must not forget that the duties
of your position are exacting. You are to manage all
matters entrusted. to your care with reasonable shill, and,
therefore, you should make a rule of studying each case
thoroughly _to the extent of your abilities. Unless you
do so, you cannot hope for success.
Be faithful to your client in all things, and never
let his confidence in you be misplaced. Identify your
LETTERS TO A new srvnnnr. 31
self with him, in everyproceeding you follow in his

behalf. Keep your client’s secrets with fidelity.
Be always alive to the personal responsibility which
is cast upon you by your membership in the great
profession to which you belong. Many well minded
men fall into a certain obtuse method of reasoning by
which they argue themselves into the belief that a
lawyer is a mere instrument to execute the will of his
client, and is therefore without personal responsibility.
This is a viciously false notion. In a certain sense
the lawyer is an agent, but he is much more. He is
the counsellor and friend of his client and is bound to
advise him according to his own conscience, not
according to the conscience of his client.
As a corollary of the above it follows that’ you are
not justified in permitting any man to involve your
good name in any professional dealings of which, if
they were your own personal aflairs, you would have
reason to be ashamed.
Therefore, beware of becoming the adviser or partici
pator in fraudulent proceed_ings of any hind. You will
in the course of your practice be often beset with per
sons who desire to make fraudulent or colorable
assignments or to givepreferences against their pro
perty to the damage of their creditors. When you
discover any such intention, you should at once
decline the business.
The writer once became carelessly mixed up in a
transaction which was impeached in Court, and were
it not for his inexperience and also the fatherly indul
l
gence of the eminent Judge who tried the case, your

correspondent would, no doubt, have been reproved
for conduct of which he had reason to be ashamed.
I mention this circumstance that it may serve to
impress my words upon your mind. Therefore, I
repeat, never counsel or assist your client in doing any
thing of which you would personally not approve. Let
this rule be inflexible.
In the next place, let me impress upon you that
although you are a lawyer, you should always discourage
litigation except where it is necessary to protect your
client’s reasonable rights. No honest lawyer should
advise his client to go to law if this can be avoided by
equitable terms from his opponent. In all cases be
ready to propose or accede to a fair settlement whenever
the same be practicable. Apply this rule especially in
family disputes which above all others are at all times
proper subjects of compromise.
Never allow any man to make use of you as a mean:
of gratifying his malice against his neighbour. No
doubt your legitimate duties will often require you to
be exacting against your adversary, but you are never
bound to protect your client’s rights beyond reason
able bounds. Therefore, if your client be inclined not
merely to protect himself but to oppress his opponent,
you should feel yourself bound to retire from his proceed
ings.
-It ii it ‘I’ -1-
In conclusion let me recommend to you, as a grand

abridgment of all maxims of conduct, the golden rule
nnrrnns T0 A LAW srunnm". 33
of Davy Crockett which, while it is of universal

application, is specially appropriate as the motto of
the lawyer :—“ Be sure you are right; then go ahead.”
is -¥ 4k I’ -1'
If you be studious, attentive, persevering, honorable

towards your clients and faithful to yourself, you will
achieve success. If you be otherwise, you will achieve
otherwise.
Believe me, dear Coke-upon-Littleton,
Yours sincere friend,
JUNIUS JESSEL BURKE.
Beaconsfield Clifle, February, A.D., 1887.
+&~<)4
3
lei
34: LETTERS T0 A LAW STUDENT.
APPENDIX A.
As illustrations of what I may call incomprehensi

ble law I think it well to instance the following : _
I. If Brown owe Smith $100, Smith cannot by any

agreement (not under seal), contract in a binding
manner to accept a lesser sum in satisfaction of the
debt.
II. But if Smith agree to take Brown’s note of hand

or cheque for even $1 for the debt, the giving of the
same operates as a discharge of Brown’s liability of
$100.
III. The same consequence follows if instead of
paying cash, Brown gives Smith, and Smith accepts,
a plug hat or a pipeful of tobacco in satisfaction of
the debt.
IV. On the other hand, if instead of a note or
cheque or specific article, Smith accepts $99 in gold
for his claim, Brown still remains undischarged as to
the $1 balance. -
V. Yet Smith can legally make a gift of $100 or

any sum to Brown, but cannot agree by writing to
discharge Brown’s indebtedness to him or even to
reduce it by $1.
APPENDIX A. 35
VI. If Smith, however, agree in writing to release

Brown without his paying anything, and stick a wafer
or piece of wax to that agreement, the release is good.
VII. If Brown’s debt of $100 fall due on Saturday,
and Smith agree to take $1 in full on Friday, Brown’s
payment on that day operates as a discharge ; whereas
if Brown do not happen to have the $1 at hand on
Friday, his payment of $99 on Saturday, even though
Smith accepts the same in full, would be no defence
if Smith afterwards took the notion of proceeding for
the odd dollar unpaid.
VIII. If Brown in addition to owing Smith the
$100, also happen to be indebted to Jones in another
$100; and if Smith and Jones mutually agree with
Brown to accept $10 each in full of their demands,
Brown’s payment thereof works a complete discharge
of the whole $200. -
The above propositions are undoubted law. Every
one of them, with the obvious exception of the sixth,
is supposed to be a good corollary of the doctrine that
a parol contract requires to be supported by conside
ration. _
Mr. Pollock in his able treatise on the Law of
Contracts points out very clearly how the above absurd
ities arose from applying the doctrine of considera
tion, not only to the formation, but also to the dis
charge of contracts. But Mr. Pollock himself carries
the distinct learning of consideration too far in the
following illustration. “ The common proviso in
mortgages for the reduction of interest on punctual

payment, i.e., payment at the very time at which the
mortgagor has covenanted to pay it—seems to _be with
out any consideration, and it is conceived that, if not
under seal, such a proviso could not be enforced.” But
surely Mr. Pollock is clearly mistaken here. The
proviso and the covenant being cotemporaneous and
part of the one instrument, the lower rate of interest
must be construed as the contract rate if punctually
paid, and the higher rate as the contracted al
ternative rate in case of default. So that, even
though not under seal, such a proviso could be en
forced as being supported by the common consideration
of the mortgage. And it is therefore not at all ne
cessary to resort to Mr. Pollock’s expedient of fixing
a time of pre-payment to maintain the validity of a
parol proviso for reduction of interest when it forms
part of the original mortgage transaction. Of course,
it is quite obvious from the above illustrations, that
such a proviso if made after the mortgage transaction
would be open to the objection pointed out by Mr.
Pollock.
The following authorities may be consulted in
reference to the illustrations contained in the fore
going Letters and Appendix :—
Perrin '12. Lyon, 9 East 170.

Davidson v. Kimpton, 18 Ch. D. 213.
London Land Co. c. Field, 16 Ch. D. 645.
Holt v. Collyer, 16 Ch. D. 718.
APPENDIX A. 37
Gadogan v. Palagi, 25 Ch. D. 154.

Foakes v. Beer, 9 App. Cases 605.
Russell v. The Queen, 7 App. Cases 829.
Hodge v. The Queen, 9 App. Cases 117. ‘
Debenham 1:. Mellon, 6 App. Cases, at p. 32.
Pollock on Contracts, 4th Edition, pp. 177-180.
~&
—%%
38 LETTERS TO A LAW srunnsr.
APPENDIX B.
With the view of giving you an idea of the kind of

law questions generally submitted to the students at
Osgoode Hall, I furnish a complete set of the Exam
ination Papers which were used during this term.
Fmsr INTERMEDIATE EXAMINATION.
(First paper)—Subject : Real property.
1. Define real and personal property ; corporeal and

incorporeal hereditaments; tenements.
2. What words are necessary to be used in order to
create an estate in fee simple (apart from recent legis
lation) ? And what to create an estate tail ?
3. How was a mortgage regarded in equity, and
how at common law ?
4. What is meant by saying that there can be no
use upon a use ?
5. What is necessary to entitle a widow to dower in
legal estates, and what in equitable estates ?
6. What is meant by a term of years ?
7. Trustees are generally made joint tenants. Why ?
(Second paper)—Sub_ject : Smith’s Common Law.
1. Can a landlord distrain for rent after the expira

tion of the term of the lease? If so, within what
time, and under what circumstances ?
APPENDIX B. 89
. ~;
. » 1.._at
2. When a carrier has ofl-ered goods to the consignee,
atthe_place to whichthey are consigned, and:they
have been refused, what is the position and responsi
bility of the carrier in.re.gard to the goods ? . -4,4.-.-».» ‘
3. What children are legitimate?
4. Define and distinguish general lien and particular
lien. .
5. If one man places windows in his dwelling house
so as to overlook the adjoining yard belonging to
another man, what means either legal or otherwise
can the latter adopt to stop such invasion of his
privacy ? Reasons. ’ ’
6. When may a magistrate verbally command any
person to apprehend another ?
7. What is the law as to the right of a master to
maintain an action for damages against one who
injures, or kills his servant ?
(Third paper)-—Subject: Equity.
1. A lessee covenants in his lease to keep the

demised premises in repair during the term of the
lease, but without any fault on his part the property
isdestroyed by fire. Will he be liable upon his cove
nant ? Give reasons. _
_2. A. is the owner of a piece of land, and agrees to
sell it to B. for a price named. From independent
enquiries made before the time of the contract, B.
believes there are 100 acres, while A. knows, and tile
fact is, that there are only 75 acres. After payment
"ll
\
40 LETTERS ro A LAW sronnnr.
of the purchase money B. discovers his error, and

brings action to rescind the contract on the ground of
mistake. What are the rights of the parties ? Explain.
3. A testator bequeaths a fund to the children of A.
in such proportion as A. shall appoint, but A. dies
without having made any appointment. Will the
children take any, and if so, what interest in the fund ?
Explain.
4. Atrustee conveyed his trust estate to B. who
wasted the estate: the cestui que trust brought his
action against the original trustee to compel him to
make good the loss, and the latter defended himself
upon the ground that he had in good faith and for the
sole purpose of freeing himself from the burthen of
his trust, conveyed the said estate to B. who was a
person in good standing and accepted the burthen of
the trust, and that he, the original trustee, had in fact
committed no waste. Who should succeed, and why ?
5. A. is a druggist and sells out his business to B.,
and at the same time enters into a bond with B. with
a penalty of $1,000, conditioned that A. shall not
carry on business as a druggist in the city of Toronto
within six years. A. within the said period does com
mence business in Toronto as a druggist, and B. brings
an action against him claiming an injunction. A. as
a defence brings $1,000 into Court by way of satisfac
tion of his bond, and claims that B. is not entitled to
any further relief. What are the rights of the parties,
and why ?
APPENDIX B. 41
6. “A trustee for sale cannot become the purchaser.”

Explain this proposition by an example, and state the
effect of a purchase by such a trustee.
7. Illustrate by an example the jurisdiction of equity
to relieve against penalties, and, by another example,
its jurisdiction to relieve against forfeiture.
(Fourth paper)—Subjects : Anson on C'ontracts—

Statutes.
1. “ Contract results from a combination of the two

ideas of agreement and obligation.” Explain this
statement.
2. What are the requirements for the acceptance of
an ofl’er ?
3. What are the limits to the capacity to contract
of a corporation ?
4. What is meant by negotiability? What are its
essential requisites ?
5. What statutory provision as to consideration for
guarantees ?
6. What efiect has a promise made after full age to
pay a debt contracted during infancy ?
7. Plaintifi sues upon a lost promissory note.
Defendant sets up the loss of the note as a defence.
How can the plaintiff successfully meet the defence,
assuming that the note cannot be found ?
Fmsr INTERMEDIATE EXAMINATION_—PAPER8 FOR

Honoss.
(First paper)—Subject: Real property.
1. State some of the acts and circumstances which

will revoke a will, apart from revocation by a later
will.
2. What form of words (if any) is necessary for
creating, and what for transferring an equitable
estate ? Explain fully.
3. Willa writ of execution bind an equitable estate ‘P
Explain.
4. Explain shortly the operation of the conveyance
by Lease and Release, before and after the Statute of
Uses.
. 5. What is the meaning of the word seised in the
Statute of Victoria respecting descent ?
.6. After maturity of a mortgage, upon what terms
can the mortgagor pay it off? Why ? .
7. A. makes a conveyance with covenants for title
to A. and B. Can the covenants be enforced ? Why ‘?
(Second paper)—Sub_ject: Smith’s Common Law.
1. What is the law as to contribution among two or

more joint wrongdoers ?
2. Explain the meaning and effect of privileged
communication in an action of slander. _
APPENDIX B. ‘ ‘ 43
8. Is hearsay 61/‘Z(l8nC8 ever admissible in any action

for- malicious prosecution; if so, in what way ?
' '4; Explain briefly the common law doctrine as to
the liability of the owner of cattle for trespasses com
mitted by such cattle upon the land of others; and
what effect has the question of fences upon such
liability ?
5. What is the Common Law as to the liability of
a master for an injury to his servant, from the negli
gence of a fellow-servant ; and what is the reason of
it ?
6. When goods have been lost or destroyed, while
being conveyed by a railway company, ought the
action against the company, as a general rule, be
brought by the consignor or the consignee ‘?
7. What is the diflerence between an executor and
an administrator, as regards their power to act before
probate, and grant of administration respectively; and
what is the reason of the difference ?
(Third paper)—Subject : Equity.
1. When will equity grant relief by way of support

ing the defective execution of a power ?
2. The owner of goods places them in the hands of
an auctioneer for sale. The latter secretly procures
a friend to buy them in for him. at the sale. The
owner then discovers the fact. What remedies has
he, if any ?
44 LETTERS T0 A LAW srunnnr.
3. A testator devised the revenues arising from cer

tain lands to trustees for certain specified objects
of charity. These revenues so increased that they
were more than suflicient for the specified objects; the
testator’s heir at law brought action against the trus
tees to recover the surplus revenues. What were the
rights of the parties ? Explain fully.
4. A testator by his will devised his real estate to

A., a stranger, in trust, but did not specify any trust
upon which it should be held. In whom did the bene
ficial interest in the estate vest, and why ?
5. A vendor of land before conveyance received a

notice from a third person that he had procured an
assignment of the purchaser’s interest in the contract,
and a request that the vendor convey directly to such
third person. The vendor disregarded the notice and
conveyed to the original purchaser. What are the
rights of the parties to the transaction, and why ?
6. “ In general in assignments of equitable inter

ests other than equitable estates, he who gives formal
notice to the holder of the fund has priority over him
who does not.” Illustrate this passage by an example.
7. Where the surplus produce on the execution of a
power of sale in a mortgage in fee is directed to be
paid to the mortgagor, his executors, &c. What
effect has a sale under the power in working a con
version of the realty into personalty ?
_-
_ ,_. ¢_ AW,»-»___
APPENDIX B. 45
(Fourth paper)_——»S'ubjects: Anson on C0ntracts—

Statutes.
1. “Most systems of law require evidence of the

intention of the parties to create an obligation.” In
English law how is this evidence supplied ?
2. A. promises B., for valuable consideration, that
he will be answerable for the debt qf C. A written
memorandum is drawn up thus—“ I agree that I will
be answerable for C.’s debt.” This is signed by A.
What objections are there to the document in case B.
wishes to make A. liable on it ?
3. A. in Toronto by letter offers B. in Liverpool 50
base burner stoves at $40 each, and asks for an
answer by cable. The letter reaches Liverpool and
B. cables an acceptance. Before the receipt of B.’s
answer A. has written withdrawing the offer. What
are the rights of the parties ? Give reasons.
4. A. agrees with B. to buy a car of lumber, now
on its way to Toronto by C. P. R. from Algoma Mills.
It is subsequently found that the lumber in question
had been burned before the making of the agreement.
What are B.’s rights against A., if any ? Give
reasons.
5. How far are agreements in restraint of trade
valid ?
6. What is the effect of taking a negotiable instru
ment in payment of a claim ?
7. A. owes B. $200. B. draws on A. for the amount

at three months. The bill is presented to A. A.
thereupon writes B. a letter informing him that he
accepts the bill. B. gets back the bill and endorses
it to C. and hands over at the same time A.’s letter.
The bill is not paid when due. C. sues on the bill.
What defence has A. ?
Sacouo INTERMEDIATE EXAMINATION.
(First paper)——Subject : Real property.
1. A deed after delivery, but before registration, is

destroyed with the mutual consent of grantor and
grantee. What is the effect ?
2. In what securities may trustees invest the trust
money where no direction is given in the instrument
creating the trust?
8. Gan a mortgagee purchase the mortgaged land
at a sale under the power in his mortgage ? Why?
4. What is meant by an attornment clause in a

mortgage, and what is its effect ? _
5. In a foreclosure action how many years arrears
of interest may be claimed ? Why ?
6. A mortgagor dies intestate. The mortgaged land
is sold and a surplus is realized. The widow barred
1»
APPENDIX B. 47
her dower in the mortgage. Is she entitled to dower?

If so, how is it to be computed, leaving out of conside
ration her expectation of life ?
7 . What is meant by title by occupancy ? What is a
special occupant? .
(Second paper)—Subjec-ts : Broom/s Common Law, and

O’Sullivan’s Manual of Government.
1. A. is in peaceable, though wrongful possession of

B.’s land. B. enters upon the land. Which of the
two is the trespasser, and why ?
2. Illustrate by example what is meant by damages
being too remote to be recoverable in an action of tort?
3. On the trial of an action of malicious prosecu
tion, what are the respective functions of judge, and
jury, as to the questions of malice, and reasonable and
probable cause ? .
4. Illustrate by example the difference between an
intention to commit a crime, and an attempt to do so;
and explain the difference between them as to criminal
liability.
5. In what case is an infant liable to an action for
tort ?
6. Explain malice in fact, and malice in law.
.. 7. What is the name of the English tribunal which
is the Court of last resort for litigants in this
Province ?
48 LETTERS TO A LAW srunmrr.
(Third papcr)—Subject.- Equity.
1. A. holds certain stock in trust for B. who, for

value, assigns his interest therein to 0., who gives no
notice of the assignment. B., afterwards, again assigns
the same stock to D., a purchaser for value, without
notice of the prior assignment, who gives notice of his
assignment to G. ; and still later B. again assigns the
same stock to E., a purchaser for value, without notice
of any of the prior assignments, who gives notice of
his assignment to A. Upon this state of facts who is
entitled to the beneficial interest in the stock, and
why ?
2. A. enters into a voluntary bond whereby he binds
himself to convey certain lands to B., or his assigns.
The latter assigns the bond to (1., who is a bona fidc
purchaser thereof, for value, without notice of any
want of consideration for the original instrument. C.
brings action on the bond for specific performance
thereof, and A. depends upon the ground of want of
consideration. What are the rights of the parties,
and why ?
3. What exception is there to the general rule that
a trustee shall not be allowed to delegate his trust ?
4. A mortgagee forecloses his mortgage security.
Can he thereafter in any, and if so, in what case,
maintain a personal action against the mortgagor
upon his covenant in the mortgage, and what would
be the effect of his so doing ?
_-..w-- _—*
APPENDIX B. 49
5. A. has a mortgage upon properties Y. and Z., and

B. has a subsequent mortgage from the same mort-,
gagor upon property Z. only, which latter property is
insuflicient to satisfy both mortgages. A. gives B.
notice of his intention to sell Z. property under a
power of sale in his mortgage. Has B. any, and if
so, what equitable remedy for the protection of his
interests ? Give reasons.
6. Illustrate by an example the jurisdiction of equity
to decree the cancellation of a voidable instrument.
7. “lgnorantia legis neminem ezvcusat.” Explain

the meaning of this maxim, and illustrate it by an
example.
(Fourth paper)—-Subjects: Mercantile Law—The Judi

cature Act—Statutes.
1. A. loses his watch, B. finds it and keeps it. C.

wrongfully takes it from B. Can B. recover it from
C. by action at law? If so, by what right and in
what form of action ?
2. What modes of alienation of chattels personal ?
3. Distinguish a good consideration from a valuable
consideration.
4. In what cases may a commission be granted to
take the evidence of witnesses in an action ? How is
it obtained? What is its effect on the bringing of
the action to trial?
4
9
5. A. is executor of B.’s will. C. owes B. s estate
$1,000. A. accepts $500 in full of the claim. How
far is A. liable to B.’s estate for the deficiency ?
6. A covenant is made by A. in favor of B., (1., and
D.; B. and C. die. Who can then sue on the covenant?
Why ?
7. How may a judgment (a) for the recovery of land
(b) for the recovery of any property other than land
or money be enforced ?
Snconn INTERMEDIATE EXAMINATION_—PAPERS FOB

Honons.
(First paper)—Subject: Real property.
1. State accurately and shortly the method of

barring an entail.
2. Explain what is meant by saying that powers
cannot be engrafted on a bargain and sale.
3. What is a shifting use ? Give an example.
4. What is a wife’s equity to a settlement? How is
it affected by Ontario Statutes ?
5. A mortgage is made to A. and B., and A. dies
intestate before maturity. At maturity payment is
made to B., and a discharge demanded from him.
Is the payment to B. suflicient, and will his discharge
alone sufiice ? Explain fully.
APPENDIX B. 51
6. What covenants are said to “ run with the land,”

and what not? Explain fully.
7. What is meant by saying that an exception must
not be repugnant to the grant‘? Give illustrations
by examples.
(Second paper)—b'ubjects: Br0om’s Common Law, and

O’Sullivan’s Government in Canada.
1. Into what three great classes are bailments sub

divided; and what is the responsibility of the bailee
in each class ?
2. Oan a purchaser of goods, which remain in the
vendor’s possession, subject to his lien for unpaid pur
chase money, maintain an action against a third person
for a tortious removal of the goods ? Reasons.
3. What is the main distinction between the liability
of a magistrate, who acts without jurisdiction, and
the liability of a magistrate, who acts erroneously
within his jurisdiction ?
4. Explain the distinction between larceny by a
servant, and embezzlement.
5. What important change was effected in the mode
of trial of a criminal charge of libel, by Mr. Fox’s
celebrated Libel Act ?
6. Write brief notes on the doctrine of contributory
negligence.
7. In which branch of the Parliament of Canada
must bills of different kinds originate respectively ?
(Third paper)—Subject : Equity.

1. State in what respects charities are favoured in
l
the law above individuals, and in what respect they
are disfavoured as compared with individuals. 1
2. Discuss the question of the liability of trustees

and executors respectively for the defaults of their Co
trustees and Co-executors, and the effect upon them
respectively of joining in receipts for conformity.
3. A settlor by deed conveys land upon trust to
pay the rents and profits to the settlor during his life
time, and after his death to sell the same, and divide
the proceeds equally between A. and B., if then living.
A. predeceases the settlor. Who takes the property,
and in what character does he take it, i.e. whether as
realty or personalty ? Give reasons for answer.
4. Give a general statement of the law with regard
to an executor’s right to a retainer, and give the sup
posed ground or origin of that right.
'5. The day named in the mortgage for the payment
of the principal money has gone by. What are the
respective rights of mortgagor and mortgagee as to
the time when payment may be made, and as to the
time up to which interest must be paid ?
6. What defects in the execution of a power will d
equity aid ? Illustrate by an example. _
7. “While recognising the rule of law, and even
founding upon it and maintaining it, a Court of Equity
will, in a proper case, get round about, avoid, or
obviate it. Illustrate this passage by an example.
APPENDIX B. 53
(Fourth paper)—Subjects : Mercantile Law—Judica

turc Act.
1. “There is no action in the law of England by

which the property either in goods or lands is alone
decided.” Explain this statement.
2. On a sale of goods how far is a warranty
implied ?
3. A. insures his life in favor of B. to secure A.’s
indebtedness to B. The debt is discharged. A. dies.
B. sues the insurance company on the policy. How
far is the payment by A. of his debt to B., an answer
to the action against the company ? Explain.
4. Distinguish legal from equitable choses in action.
State the rights of the husband as they existed prior
to the last Married Women’s Act, with respect to
equitable choses in action.
5. Personal property held by A. and B. as trustees,
it is desired to appoint C. as trustee in the stead of B.
who retires. How is this done ? Draft the document.
6. A. and B. make a joint and several promissory
note to C. Within six years from the making of the
note, A. writes to B. asking him to settle the note.
C. sues A. and relies upon this letter as taking the
note out of the Statute of Limitations. How far can
he succeed‘?
7. When is a legacy in the hands of an executor
attachable ?
54 LETTERS T0 A LAW sronnnr.
Exsmmsrron FOR SoLIo1'roP..
(First paper)——Subject: Real Property and Wills.
1. What are the four cardinal general rules for the

construction of wills ?
2. A devise to A. and his children, A. having no
children at the time of the devise. What interest
does A. take?
3. A devise on bequest to the children of A. and B.
as tenants in common. How do they take?
4. State the natureof a mechanic’s lien, how it
arises, and how it is preserved against land.
5. What is the rule as to computation of interest
on an over-due mortgage, when no provision as to the
rate after maturity is made by the instrument‘? Does
the form of action make any diflerence in the mode or
rate of computation ? ‘
6. What is the object of registering a deed or mort
gage ? Explain fully.
7. A vendor dies intestate. The purchaser desires
to have the contract specifically performed. How
would you proceed, and what parties would you make ?
Explain fully. .
8. What was, and what is now the rule as to a
mortgagor’s right to inspect the title deeds ?
npnsnrx B. 55
9. When a trustee dies, and no provision is made

by the trust deed for appointing a new trustee, can
one be appointed without applying to the Court ; if so,
how ?
10. Has an administrator any, and what power
over the real estate of the intestate ?
(Second paper)-—Subjects : Smith on Contracts, and

Benjamin on Sales.
1. What is the difference, in point of validity, be

tween a promise by a man to a woman to make her an
allowance for maintenance in consideration of past
seduction, and a bond to the same effect, and upon the
same consideration; and what is the reason of the
difference ?
2. Is it necessary to the validity of an agreement to
pay a person an annuity for his life, that it should be
in writing ? Reasons.
3. What is the law as to the right of an undisclosed
principal to sue upon a simple contract made in the
name of his agent?
4. Mention the kind of contract that must be found
ed on a consideration in order to be good, even
though made by deed. -
5. Is it the payment of the price, or the promise to
pay the price, that forms in general the consideration
for the sale of goods ? Give reasons for your answer.
6. In a sale of goods by description where the buyer

has not inspected them, what condition precedent, and
what warranty does the law imply ?
7. What is the law as to the efi"ect of a delivery by
the vendor to the vendee of part of the goods sold
upon the vendor’s lien on the remainder not delivered ?
8. How is the vendor’s right of stoppage in transitu
affected (1) by a delivery of the goods by the carrier
to the vendee before their arrival at their destination ;
and (2) by a wrongful refusal by the carrier to deliver
the goods to the vendee, on his demand, after their
arrival at their destination ?
9. A. buys goods in B.’s shop, with the fraudulent
intention of not paying for them. They are handed
to him over the counter by B. in the expectation of
immediately receiving the price. A. leaves the shop,
hurriedly, without paying and lzefore B. has time
to take any steps in the matter, A. sells and delivers
the goods to 0., an innocent purchaser for value who
pays A. for them. Can B. maintain any action
against C. in respect of the goods, and if so, what and
why ? _
10. A vessel owner, in November, agrees with a
merchant to take his vessel to Kingston harbor, and
to take on board there a cargo of barley, and carry it
to the port of Oswego within one month. Before the
vessel can be taken to Kingston, the harbor freezes
up, so that the contract cannot be performed until
spring. Is the owner liable for breach of contract?
Reasons.
APPENDIX B. 57
(Third paper)—Subject: Equity.
1. A testator directs his solicitor to so draw his

will that his son shall take a life estate in certain
lands. The solicitor draws it so that the son takes
the estate for a term of years. The will is thus executed,
and the mistake not discovered until after the testa
tor’s death. The son seeks as against the person
entitled in remainder to reform the will. What are
the rights of the parties ? Give reasons.
2. A broker owns certain stock which he desires to
sell. B. is seeking an investment. The broker recom
mends this stock, saying that he holds it for a customer.
B. relies upon the statement, and purchases, although
he would not have purchased had he supposed that the
stock belonged to the broker. B. afterwards discovers
the true state of facts, and brings action to set aside
the contract. What are the rights of the parties ?
Give reasons.
3. An infant mortgages his lands for money ad
vanced upon the security thereof, and upon being asked
during the course of the transaction, he knowing the
same to be untrue, states that he has arrived at his
majority. An action is subsequently brought to fore
close the mortgage, and he depends on the ground that
the mortgage is invalid by reason of his infancy.
Who should succeed in the action, and why ?
4. A testator bequeaths his household furniture to
his widow upon condition that she shall never marry
58 LETTERS T0 A LAW srunmzr.
again, and in the event of her marrying again it is to

go to her servant. Is the condition a valid one ?
Give reasons. I
5. Two persons are endorsers upon a promissory
note for the accommodation of the maker. The en
dorser whose name stands first upon the note is com
pelled to pay the same, and he then brings an action
against the second endorser to recover one half of the
amount so paid by him. Should he succeed in the
action, and why ?
6. Why is it that part payment of purchase money,
is not deemed by Courts of Equity to be such part
performance of a contract for sale of land as will take
the case out of the operation of the Statute of
Frauds ?
7. Has a purchaser of land who has paid a portion
of his purchase money, any, and, if so, what security
for his money beyond his personal remedy against the
vendor where the latter refuses to carry out the sale?
Explain fully.
8. A testator dies leaving general and specific
legacies. In the absence of any provisions in the
will affecting the question, from what time will interest
be payable to the legatees?
9. Can an action for specific performance be main
tained by a purchaser of land against the vendor
thereof, where the contract is signed by the vendor
only ? Give reasons for your answer.
APPENDIX B. 59
10. Explain how it was that the Statute of Uses

failed to accomplish the purpose for which it was
passed?
(Fourth pa_per)—Subjects: Mercantile Law-—Statutes.
1. A. is in a position to prove bribery against B., a

candidate elected to Parliament. - In consideration of
A.’s not prosecuting B., the latter makes a deed of a
house and lot to A. B. subsequently seeks to have
the deed cancelled. On what ground (if any) can he
claim to have it set aside ?
2. A charter party dated the 1st June contains a

covenant that a schooner shall proceed from Cobourg
to Charlotte on or before the 10th June, to take a load
of coal. Charter party was_not executed until the
11th June, and the vessel sailed on the 15th June.
How far will the owner be liable in action for the
breach of contract by reason of the delay ? Why ?
3. A. of Toronto being in London asks his English

correspondent B., to procure from C. at Liverpool cer
tain bales of fine cloths, and ship along with certain
goods bought by A. from B. himself. B. does so, and
sends an invoice to A. which includes the goods bought
from O. as well as those bought from B. In conse
quence of defective packing the cloths are spoiled. A.
sues B. for the damage. How far can he make him
liable ? Why ? '
.
60 ' LETTERS TO A new sronanr.
4. A. is a tenant under lease with four years un

expired. B. is his landlord. B. agrees to expend $250
in improvements on the premises if A. will pay $50
per annum more rent. A. agrees verbally, and B. ex
pends the $250 as agreed. refuses to pay the extra
rent, and sets up as a defence that the agreement was
not written, but verbal. How far is the defence good ?
Why ?
5. Explain the difference between executed and
executory considerations. -
6. What is the difierence between a factor and a
broker? How far does the difference between them
affect the rights of third parties against the principal?
7. A. plaintiff, B. defendant. B. has claim for
indemnity against C. How far can he have it disposed
of in A.’s action ? State what must be done by B. in
order to get his claim against C. into question in the
action ? What step must then be taken by A. ?
8. When are the pleadings in an action deemed to
be closed ?
9. What are the consequences of disobeying an
order for discovery ?
10. A plaintiff specially indorses a writ of summons.
Defendant appears and demands a statement of claim.
What steps may the plaintiff take equivalent to serving
a statement of claim ? Draw what is necessary for
the purpose in an action between A._and B. _
APPENDIX B. 61
EXAMINATION FOR CALL T0 THE Ban.
(First paper)—Suly-ects: Real Property and Wills.
1. Is it necessary to abstract discharged mortgages

and expired leases in preparing an abstract ? Why ?
2. In proving title between vendor and purchaser,
what is sufiicient evidence of discharged mortgages
where they cannot be produced by the vendor ? Ex
plain fully.
3. (i.) A purchaser, after payment of his purchase
money, and after delivery of his deed, but before reg
istration, gets actual notice of a prior deed. Is he
affected by it ? (ii.) After registration, but before pay
ment of the purchase money, a purchaser get actual
notice of a prior deed. Can he safely pay his pur
chase money ? Explain fully in both answers.
4. What are the provisions of the Conveyancing
Act, 1886, as to limitations in a conveyance ?
5. State some of the modes in which a purchaser
may waive his right to have a good title proved.
6. Give instances of devises for life, with remainders
to heirs, to which the rule in Shelley’s Case does not
apply.
7. What is the efiect of the devolution of Estates
Act, 1886, upon a specific devise of real estate ?
8. How can you prove a registered deed less than

thirty years old without calling a witness ?
9. Under what circumstances are copies of registered
deeds certified by a registrar admissible in evidence ?
10. What is the effect of the usual recital in the
body of a conveyance that the purchase money has
been paid ? Does it make any difference if the con
veyance is registered ? Why ?
(Second paper)—Subjects: Harris on Criminal Law;

Broom, (Books 5’ it 4.)—Blackstone, (Vol. 1.)
1. If, on the trial of a prisoner, for obtaining goods

by false pretences, the evidence proves that the offence
was larceny, what verdict may the jury give ?
2. What is the difference between treason and other
crimes, as regards the element of design?
3. Define and distinguish the crimes of escape, pris
on-breach, and rescue.
4. If an indictment contains one count for a felony,

and another count for a misdemeanour, is it open to
any objection on that ground ? If so, how, and when,
may the objection be raised ?
5. Give three examples of killing by correction;
one which amounts to murder, another which amounts
to manslaughter, and a third which amounts to excus
able homicide.
APPENDIX B. 63
6. On a trial for murder, when the homicide has

been proved, does the onus lie on the Crown to prove
the malice, which is necessary to make it felonious, or
on the prisoner to disprove it ?
7. A testator employs a solicitor to draw, and have
properly executed, his will by which he bequeaths a
legacy of $10,000 to A. By the gross negligence of
the solicitor the will is not properly attested, and is
therefore void. Can A. recover damages against the
solicitor for the loss of his legacy ‘P Reasons.
8. What is the law as to the admissibility on the
trial of an action of libel, of evidence of other libels
published by the defendant of the plaintiff besides the
one in question in the action ?
9. What is the diflerence between nonfeasance and
misfeasance of a gratuitous service as regards the
liability of the party undertaking it ?
10. Explain the meaning of treasure trove, and state
briefly when it belongs to the Crown, and when to an
individual.
(Third paper)—Suly-ect : Equity.
1. A. makes a contract in writing with B. for the
purchase of a house. Just before the contract was
entered into the house was destroyed by fire, which
fact was not known to either of the parties to the
contract. Would those facts afiord a sufficient answer
to an action by the vendor for specific performance of
the contract? Explain.
64 LETTERS T0 A LAW srunnm".
2. A debtor assigns certain of his chattels to a

trustee for payment of creditors generally, and assigns
certain other of his chattels to a particular creditor to
secure a past indebtedness due to that creditor. What
right, if any, has the debtor as to revocation of these
assignments ?
3. State the general rules with regard to the dis
ability of a trustee to purchase from his cestui que trust.
4. A. leases a house to B. who sub-leases it to C.,

whereupon B. becomes bankrupt. Will equity afford
A. any, and if so, what remedy for the recovery of his
rent ?
5. What are the functions of a Receiver? When
will the Court appoint one ? Illustrate your answer
by two examples.
6. Speaking of specific performance, it is said that
“ Courts of equity will let in the defendant to defend
himself by evidence to resist a decree where the plain
tifi would not always be permitted to establish his case
by like evidence.” Illustrate this passage by an ex
ample. '
7. Lands are devised under the will of A. to B. in

trust to raise money on the security thereof, for the
pupose of complying with certain directions in the
will. B., in pursuance of the provisions of the will,
mortgages the said lands by an instrument in which
he is described as trustee under the will of A., and
APPENDIX B. 65
in which he enters into the ordinary mortgage cove

nants as contained in the Short Forms Act. Default
having been made in payment, the mortgagee seeks to
recover payment of the mortgage money from B., per
sonally. B. defends on the ground that by his cove
nant he intended to bind, and did bind the trust estate
only. Who should succeed, and why ‘2
8. The estate of a testator is sufficient to satisfy

both debts and legacies, and the executor pays all the
debts and all the legacies except one. All the legatees
are entitled to rank part passu. Subsequently the
executor wastes all the balance of the estate ; there
upon the unsatisfied legatee seeks to procure repay
ment by the other legatees of such ratable proportion
as will enable him to share equally with them. What
are the rights of the parties ? Give reasons.
.r
9. According to the life tables, A. has an expecta
tion of living ten years, and upon this basis he pur
chases for $10,000 from a life assurance company an
annuity to be paid to him during the remainder of his
life ; on the following day he is run over by a railway
train and killed. Can his representatives obtain any,
and if so, what relief against the assurance company ?
Explain fully.
10. It is apparent on the face of an award that the
arbitrators understood the law applicable to the ques
tion, but that they designedly found contrary ‘to the
law. The arbitrators acted in good faith, and accord
5
66 LETTERS T0 A LAW srnnnnr.
ing to what they deemed the substantial justice of the

case. Is the award good or bad ? Explain.
(Fourth papcr)—S_ubjects : Mercantile Lau=_—C0ntracts

-——Evidence.
1. A. being the owner of a matched pair of bay

mares oflers to sell the pair to B. for $2,000, and gives
him until twelve o’clock of the next day to accept. C.
comes in the same day and ofl'ers $2,400, which A.
accepts. B. hearing of C.’s dealings comes before
twelve o’clock the next day, and tenders to A. $2,000,
and claims the pair. A. says they are sold to C.
What remedy has B ? Why ?
2. A. has a liquidated demand against B. which is

barred by the Statute of Limitations. He holds as
security an assignment of A.’s interest in a property
which accrues after the expiration of the six years. B.
calls upon A. for a release of this assignment on the
ground that A. has lost his rights. How far can B.
succeed ? Why ?
3. What is the rule as stated by Pollock as to the
efiect of a contract made by a man when drunk ?
4. How far is acceptance necessary to a promise
made by deed ?
5. What proceedings can judgment creditors take
to obtain information on oath as to the financial posi
tion of the judgment debtor ?
APPENDIX B. 67
6. How far does part performance of an obligation

extinguish such obligation ?
7. A., on the 10th October, 1886, makes a general
assignment to C. for the benefit of creditors. On the
5th October, previously, B. had obtained judgment
against A., and on the same day had placed writs of
execution in the sherifl’s hands. The sheriff seizes
the defendant’s goods on the 9th of October. C.
claims them. Who holds then priority ? Why ?
8. A. plaintiff, and B. defendant. Action to be tried
without a jury. Both parties give notice of trial : A.
for the Chancery Sittings ; B. for the Assizes. Where
must the trial take place ?
9. What powers has the Judge in a case where at
the trial a witness after being excluded returns to the
Court without leave ?
10. Distinguish a special from a general verdict.
EXAMINATION FOR “CALL WITH Honoizs.”
(First Paper)—Sub7-ccts: Real Property and Wills.
1. Can an equity of redemption be sold under a

writ offieri facias ? If so, under what circumstances ?
and what is the position of the purchaser ?
2. A purchaser gives a mortgage for unpaid pur

chase money to the vendor on the land bought. He
then discovers that there are arrears of taxes, which
accrued before the vendor bought, and pays them and
notifies the vendor and requests repayment. The
vendor, without recouping the purchaser, assigns the
mortgage to an assignee without notice. The pur
chaser then discovers a mortgage made by the vendor,
which the holder is proceeding to enforce against him;
and at the same time the assignee of the purchaser’s
mortgage proceeds to enforce it against him. The pur
l
chaser’s conveyance was in the short form under the
Act. What are his rights and liabilities with respect
to the vendor, the assignee of the mortgage, and the
incumbrances ?
3. A purchaser, after paying his purchase money,
on going to register his conveyance, finds registered a
conveyance of the same land _from the owner to his
son expressed to be in consideration of natural love
and affection. It is dated after the purchaser’s
conveyance. Does the purchaser get a good title?
Explain fully.
4. A bequest is made by a testator of all his per
sonalty to his two brothers A. and B., and their
children share and share alike. A. has children. B.
has none. How is the property to be distributed,
and what interest do the legatees take ?
5. A. agrees to sell to B. a farm which he says con
tains 100 acres at $100 an acre. B. walks over the
APPENDIX B. 69
land both before and after the agreement is signed.

The title being approved, the contract is completed by
a conveyance describing the lands as lot No. 10,
containing 100 acres more or less. The consideration
expressed is $10,000, of which $5,000 is paid and
$5,000 secured by mortgage of the land. Subse
quently B. discovers that there are only 95 acres in
the lot. Has he any right to compensation ? If not,
what remedy has he ? Explain fully.
6. A. sells land to B., which he represents to be
free from incumbrances, alleging that a registered
mortgage to C. is in reality paid off. B. accepts the
statement as true. C. is a witness to the conveyance
from A. to B., which contains a covenant that the land
is unincumbered. Afterwards C. brings an action on
his mortgage against B., who then discovers that A.
had misled him. Is C. estopped from saying that his
mortgage is unpaid ? Why ?
7. (1) Pending a contract for the purchase of land,
the buildings on the land are burned. There is no
insurance. Who bears the loss? (2) A bidder at a
judicial sale pays a deposit to the vendor’s solicitor
who pays it into court. The buildings on the land
are burned down. There is no insurance. The Mas
ter reports that the bidder is the purchaser. Amotion
is then made to compel him to pay the balance of his
purchase money into court, while the purchaser makes
a cross motion for a vesting order, and to be relieved
of further payment, the land without the buildings
being admittedly worth only the deposit. Which

motion will succeed ‘? Why ?
8. A. is a bidder at a judicial sale, is declared the
highest bidder and the purchaser, and signs the con
tract, Before the report on sale is made he assigns
all his benefit under the contract to X. for $1,000.
X. applies to be substituted for A.,.and offers to pay
into Court the amount which A. bid. Is he entitled
to this ? Why ?
9. (1) A devise to A. in trust to permit B. to re
ceive the rents, issues, and profits for his lifetime.
(2) A devise to A. in trust to pay B. the rents, issues,
and profits for his lifetime. Is there any, and what
difference?
10. In drawing a will whereby real property is to

be devised to a married woman so that she may enjoy
it for her separate use, what words are necessary in
order to effect this result ? Why ?
(Second Paper)—Suljects : Mercantile Law, Contracts

and Evidence.
1. Illustrate the difierence in result between taking

a worthless bank note for goods sold and taking a
worthless bank note where there is a precedent debt.
2. An action on a promissory note is commenced in
sufficient time to prevent the action being barred by
the Statute of Limitations, then the plaintifl dies and
~ _~—_q_-¢+_- _ ______ ______¢_<=.~___.__._

APPENDIX B. 71
the period of limitation has expired. What effect?

What eflect where defendant dies under like circum
stances? Has this question been affected, and if so,
how, by modern legislation ?
3. A. now lives in Ontario. He is sued here upon

a bill accepted by him in England, but payable in
Glasgow. He defends and pleads a discharge in
bankruptcy obtained by him in Scotland. How far
is that defence good ? Explain the principle of your
answer.
4. A.’s life is insured for the benefit of B. The

premium becomes due but is not paid. The company
waive proof of A.’s health and accept the premium. It is
discovered that A. has died in the meantime, both B.
and company being ignorant of the fact when the
premium was accepted. Is the company liable?
Reason for your answer.
5. A pawnbroker lends money on a pledge without

complying with the requirements of the Pawnbrokers’
Act. What is the effect ? On what principle does it
depend ?
6. A Railway Company crosses a man’s farm.

They take his land and pay him compensation for the
land and put up farm crossings. Some years after
the crossings having got out of repair the farmer
requests the Company to repair the crossings. They
refuse. Can he compel them to do so 9 Authority.
7. A witness in answer to a question by counsel,

repeats certain statements as spoken by the defendant
of the plaintiffs. Counsel desires to shew that these
statements meant really more than their apparent
meaning; he asks witness, “ What did you understand
by that statement?” Objected to. Give your ruling
with reason, and if wrong, state the proper questions
to be put.
8. What is the rule as to what damages are recov
erable in actions on contract as opposed to damages
in actions of tort, and what exception to that rule ?
9. An auctioneer enters a memorandum of sale
sufliicient in form in his book and signs it. He then
in his own name sues the purchaser. Can he succeed
in the action so commenced ? Reason for your answer.
10. When can an action be brought by a common
informer for a penalty imposed by a Statute ? What
is requisite before compounding such an action 7
(Tim-(Z Paper)—Subjects: Harris on Crimizzal Law,

Broom’s Common Law (Books 3 and 4) ; and
Blackstone (Vol. 1).
_ 1. What is the general rule as to the burden of

proof on a criminal trial; and what qualifications are
there of such rule ?
2. If a man break into a dwelling house at night
without any intent of committing a crime therein.
What is the legal character of his‘act ?
APPENDIX B. 73
3. On a trial for murder is it a good defence: (a)

that the deceased was in ill health, and likely to die
when the wound was given: (b) that the immediate
cause of death was the refusal of the party to submit
to an operation: (c) that the immediate cause of
death was an improper application to the wound, and
not the wound itself? .
4. Two persons conspire to commit a felony, and
actually commit it. They are then tried for the con
spiracy, and afterwards for the felony. Can they be
convicted on both or either of such trials ?
5. In what cases is it necessary for the Crown to
call more than one witness to prove a criminal charge ?
6. Define and distinguish champerty and mainten
ance.
7. Explain the doctrine of estoppel in pais.
8. Write brief notes on the question of consequential
damages in an action of tort.
9. Mention the difierent kinds of bailment, and
state the. liability of the bailee in each kind.
10. Explain the meaning and efiect of the maxim
“ Nullum tempus occurrit regi.”
(Fourth Paper)—Sub_ject: Equity.
7. Apart from statutory enactment is there any,

and if so, What distinction between the liability of a
purchaser of land from a trustee under a will, to see
74 nerruns TO A LAW STUDENT.
to the application of the purchase money, where the

trust is for the payment of debts generally, and his
liability therefor when the trust is for payment of
specified debts only ?
2. A. having by separate instruments mortgaged all
his real and personal property, respectively, in fee,
dies intestate and without heirs or personal represen
tatives. In whom does the equity of redemption of
cach respective property vest, and why?
3. Real estate is by a settlement vested in trustees
for the sole and separate use of a married woman,
free from the control of her present or any future
husband with restraint or anticipation. Her husband
dies and she and the trustees make sale of the
property, after which she marries again and his
children, who after her death seek by action to set
aside the sale as being made in contravention of the
restraint on anticipation. Is the action well founded ?
Give reasons. -
4. What is the equitable doctrine of subrogation?
Give an example.
5. Has the fusion of law and equity had any, and
if so, what effect upon the defence of purchase for
value without notice ? Answer fully with reasons.
6. Where an action for specific performance is
brought by an infant, the plaintiff will fail by reason
of the want of mutuality of obligation, but where A.
and B. enter into a contract for the sale of lands,
which contract is reduced to writing and signed by
_ __ ,.._._ .-_4___ W1?_‘€__-{W—WW_‘€W_

APPENDIX B. 75
A. only, a similar defence is not open to A. in an

action for specific performance brought against him
by B. Explain this apparent anomaly.
7. The personal estate of a testator is exhausted in
the payment of his simple contract creditors. He has
bequeathed a legacy to his servant of $1,000, but he
has not charged the same upon his real estate, which
is amply sufficient to satisfy the same. One-half of
his real estate he has devised to his nephew, and the
other half not being included in the will descends to
his son. Has the legatee any right to such payment
out of the real estate ? Discuss the principles upon
which your answer depends.
8. What is equitable execution ? What is the nature
of the relief obtainable by virtue thereof, and by what
process is that relief usually worked out?
9. Will equity specifically enforce an agreement
between two persons to submit their dispute to arbi
tration? Why? Will it specifically enforce an agree
ment between two arbitrators to make an award?
Why? Will it enforce specific performance of an
award directing one of the parties to convey land to
the other? Why?
10. The Statute of Frauds excepts from its opera
tion trusts arising or resulting from any conveyance of
lands or tenements by implication of law. Illustrate
this exception by an example.
Q‘, The above papers for “Call with Honors” were used at
the preceding Michaelmas Examinations.
/
TABLE OF CONTENTS.
1. “ Lawyer,” definition of—“ Legal mind,” what it means

Itemarks upon true genius and hard work . . . . . . . . . . 5
II. Choice of an offioe —How to commence work—Golden rule
for learning the profession of law. . . . . . . . . . . . . . . . . . . 8
III. Course of studies—-Examination books—Other reading
Blackstone and Story—Smith and Tudors Leading
Cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
IV. How to read law books-Taking notes—_Legal definitions
to be studied verbatim—Exercises . . . . . . . . . . . . . . . . . . 12
V. Rules of logic not always applicable—Paradoxical proposi
tions--Obscure points—Principle to be distinguished
from the instance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
VI. Difiiculties in reading, how to overcome——-Primary object
to be kept in view—Professional success, upon what
it depends . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
VII. “Practice” law, importance of—How to learn—_Plead
ing—Fundamental rule of advising and pleading. . . . 20
VIII. Attending Court Sittings—How to study trial proce
dure—Laws of Evidence, how acquired-—Conducting
a case . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
IX. Ordinary Rules of Construction to be avoided—The

“ Golden ” Rule remarked upon—Illustrations . . . . . . 24
X. Interpretation of Statutes—Canadian Constitutional Law
and the Privy Council-—Suggested new Rule of Con
struction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
TABLE or oonrsnrs. 77
XI. The Junior Bar and the Bench—Rules of professional

conduct-—Lawyer’s motto—Concluding advice. . . . . . 30
Appendix “ A"—Examples of peculiar law—Remarks upon

these——Mr. Pollock on the doctrine of Consideration—
Authorities . . . . . . . . ...... .... . . . . . . .. 34
Appendix “ B ”—Examination questions :—

First Intermediate . . . . . . . . . . . . . . . . . . . . . . . .. .. .... 38
First Intermediate, with Honors . . . . . . . . . . .. .... .. 42
Second Intermediate . . . . . . . . . . . . . . . . . . . . . . .. .... .. 46
Second Intermediate, with Honors . . . . . . . . ...... .. 50
Solicitor Examination . . . . . . . . . . . . . . . . . . . . ...... .. 54
Call to the Bar . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. .... 61
CalltotheBar,withHonors... . . . . . 67
"“'*-;s‘%§t"'5~";*
-
X X
LEWIS’ JUSTICE’S MANUAL. Containing a short summary of

the usual practice and manner of procedure in ordinary cases,
coming under the observation of Justices of the Peace, Coroners,
l
Constables, Landlords, Bailifis, etc. By E. N. Lswls. Cloth, 1
$1.50; Half_calf, $2.
HOWELL ON NATURALIZATION AND NATIONALITY IN

CANADA ; Expatriation and Repatriation of British subjects ;
Aliens, their disabilities and privileges in Canada, etc. By ALFRED
HOwELL. Cloth, $1.50; Half-calf, $2. i
CAMERON ON DITCHES AND WATERCOURSES. The
1 Ditches and Watercourses Acts of Ontario, with Notes and Refer
4
ences to Decided Cases. By M. G. CmEnox. Cloth, 75c.
“ Especially useful to Municipal Officers.” '
JONES’ CONS’I‘ABLE‘S GUIDE. The County Constable’s Manual

or Handy_Book, with subjects arranged alphabetically. By
J. T. Jonas, High Constable County York. Cloth, 500. ; Leather,
75c.
THE POWERS OF CANADIAN PARLIAMENTS. By S. J. Wu‘

sox, late Librarian of the Parliament of Ontario. Cloth, $1.
TRAVIS’ CONSTITUTIONAL LAW. A Treatise on the Constitu

tional Powers of Parliament and of the Local Legislatures under
the British North America Act, 1867. By J. TRAVIS. Paper, $1 ;
Cloth, $1.25.
THE CANADIAN FRANCHISE AND ELECTION LAWS. A

Manual for the use of Revising Oflicers, Municipal Oflicers, Can
didates, Agents and Electors. By C. O. ERMATINGER, Q.C.,
M.P.P. Cloth, $5.
GARSWBLL & 00., LAW PUBLISHERS,

26 & 28 Adelaide Street East, Toronto.
___ .. ._ _ ._ _;..
IR.
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This is a reproduction of a library book that was digitized

by Google as part of an ongoing effort to preserve the

LEWIS ON SHIPPING. A Treatise on the Law of Shipping,

O’5 .tica.l Con

S-] jtion of the

WALKEM ON WILLS. A -1lreatise on the law relating to the

CARSWELL & 00., LAW PUBLISHERS, _

SCOTTISH ANECDOTES AND TALES. By WM. GRANT. Paper,

THE LAW AND MEDICAL MEN. A Treatise on the law relating

TAYLORJS PRESBYTERIAN STATUTES. A collection of the

i1 O’SULLIVAN’S MANUAL OF GOVERNMENT. A Manual of

SPLINTERS; OR, A GRIST OF GIGGLES. A collection of

OARSWELI. 8: 00., LAW PUBLISHERS,

“ Carpe diem * * ."

Before making up my mind to publish the en

legal distinctions. Until you possess this qualiﬁcation

If it be in your power to do so I would recommend

office. Everything will be vague and difficult at first,

afford matters of intelligent study to the student who

As to your course of reading I may say that the list

tion made regarding the doctrines of equity as expound

As to the method to be pursued in your reading I

studies are thrown entirely upon it by the reading

Let me caution you, my dear Coke-upon-Littleton,

You must guard yourself, moreover, against assum

I would also have you guard yourself against con

As to the difficulties you will meet in your studies,

compressed within a narrow compass ; and the law is

referring to their originals.

you will treat your studies up to your ﬁnal examina

Let me impress upon you the importance of your

notes of every new point as it arises. Keep a special

You will derive great advantage from attending

»'~~@ -_ :___,_ __ __.__ __

our Jurisprudence, and whether these rules concern

I have already warned you of the danger of always

Its reputation is shady—therefore do not make too

beerhouse; if you afterwards take a grocer’s license

And if it can be truly said that the generally known

wise. The great constitutional questions agitated in

Now, my young friend, I think I have shewn you

My dear Coke-upon-Littleton, when you have

self with him, in everyproceeding you follow in his

32 LETTERS TO A LAW STUDENT.

gence of the eminent Judge who tried the case, your

In conclusion let me recommend to you, as a grand

of Davy Crockett which, while it is of universal

If you be studious, attentive, persevering, honorable

JUNIUS JESSEL BURKE.

Beaconsﬁeld Cliﬂe, February, A.D., 1887.

34: LETTERS T0 A LAW STUDENT.

As illustrations of what I may call incomprehensi

I. If Brown owe Smith $100, Smith cannot by any

II. But if Smith agree to take Brown’s note of hand

V. Yet Smith can legally make a gift of $100 or

VI. If Smith, however, agree in writing to release

mortgages for the reduction of interest on punctual

Perrin '12. Lyon, 9 East 170.

Gadogan v. Palagi, 25 Ch. D. 154.

»'~~@ -_ :___,_ .