On the 22nd November, 1852, it was resolved at a general meeting—

"That it is expedient that an appeal should be allowed to suitors who may be dissatisfied with, or aggrieved by, the decision in cases of insolvency."

We have now gone through the various matters of Law and Equity, and on taking leave of a wide field of detail, not always very interesting, we repeat that the test of all the reforms of 1852 will be the attorney's bill, or the amount of fees charged by such barrister's as may have the hardihood to practise independently of the attorney, and fearlessly of the frowns of great judicial officers. Unless these estimates, the private reckoning of the hereafter, can be materially reduced, the imaginary improvements will turn out to be but shadowy errors, and another more searching criticism must be set on foot to make the name of justice in our land dear to every breast, and common as a household word.

ART. V.-ARTICLED CLERKS.

A Manual for Articled Clerks, containing Courses of Study, as well in Common Law, Conveyancing, Equity, Bankruptcy, Criminal Law, as in Constitutional, Roman, Civil, Colonial, and International Laws, and Medical Jurisprudence; a Digest of all the Examination Questions, with the new General Rules, Forms of Articles of Clerkship, Notices, Affidavits, &c., and a List of the proper Stamps and Fees, being a Comprehensive Guide to their successful Examination, Admission and Practice as Attornies and Solicitors of the Superior Courts. Seventh Edition. By J. J. S. WHARTON, Esq., M.A., Oxon., Barristerat-Law, Author of the "Law Lexicon," and an "Exposition of the Laws relating to the Women of England," &c. Butterworths. 1854.

AN articled clerk and an attorney's clerk must not, in taking up this volume, be necessarily considered as the same person. The custom of binding young men to serve for a certain time before they could be allowed to accept a retainer from the

suitor is of some standing. In 1729, when Sir Philip Yorke who was bred in an attorney's office, was Attorney-General, it was evidently the rule to enforce an engagement of this nature for four years. The Statute of George the Second then prescribed the increased limit of five years, and the Act1 of Victoria, which consolidated the law upon the subject, reestablished that term as the time of probation. And, again, the Statute of 1729 forbade more than two contracts in writing by clerks to serve the same master, a provision which is adhered to in the more recent enactment just alluded to. The articled clerk, therefore, is to be distinguished from the tribe of writers so often to be found in places of business. He is, in effect, the future solicitor. Whatever of value, of estimation, of importance, of responsibility, there may be in the profession, he is the person who, in a short time, may be involved in its duties, its obligations, and its honours. To the office of Coroner, to the labours of parliamentary agency, to legislatorial functions, in some cases to the dignity of a Judge of the County Court, in a word, to many other appointments-an introduction lies at once upon the due and honourable fulfilment of the clerk's undertaking, and the discovery, upon examination, of an ordinary knowledge of his calling. We are not, consequently, surprised at the elaboration of the work before us, nor are we disposed to underrate its usefulness, nor the seasonableness of its appearance at the present moment. It should, however, be understood that the book is intended to be initiatory, or, to use one of the Author's phrases, inaugural. It is what the pupil is to learn that we find presented to us. Not his future liabilities to his clients, nor the remedies which the law permits adversely or in his favour, nor the legal incidents of his professional character, nor much indeed as far as agency is concerned. Very prudently, and we think properly, the Manual is the index to a course of study; and certainly if a youth can master the contents of it, he will be in a fair way to escape the imputation of ignorance,

We will just pass lightly over the catalogue of chapters in order that the matters intended for use may appear with more

16 & 7 Vict. c. 73.

distinctness. The introduction is composed of suggestions to the young tyro, and some of these are entitled to an abiding recollection. We will hear the writer's opinion upon lectures.

"Lectures are deemed to be aids to law studies; and so they are, if properly conducted; but I cannot conceive anything more imperfect than the conventional mode of delivering them. A lecturer reads a paper upon a given subject to a number of students; cases and authorities for and against his positions are quoted; he finishes his lecture, retires, and there is an end of it. A student goes away with a confused notion of the matter, which a simple question put to the lecturer might have cleared; but no communication takes place between them, and he must seek for enlightenment elsewhere." 1

We fear that this is too often the dull exhibition of the lecture-room, but there have been exceptions: we believe that Professor Amos, at the University in Gower Street, was very accessible, and that it was not unusual for the student to put a question with a view to clear up any difficulty which interrupted his progress. And, undoubtedly, there are other honourable instances, although it may be some excuse for a lecturer, whose learning is heavier than his wit is sharp, to dread the approach of a querist, and, if assailed, to reply, that much may be said on both sides of the question.

Mr. Wharton prefers a fictitious moot court to the debating society.

"I fear," he says, speaking of the latter, "that argument is not so much aimed at as smart talking, or knowledge so much an object as wrangling, sophistry, and a majority." 2

"If conducted under a president, who from his superior attainment can sum up the merits on both sides of the question with precision, and pronounce an authoritative judgment, which shall place the whole matter in an instructive light, great advantage may certainly be gained from such a mode of proceeding."3

We remember that this practice of summing up was adopted upon law discussions at the Forensic Society which flourished considerably at one period, and the application of

1 P. 25.

2 P. 24.

Pp. 24, 25.

the arguments by the President of the Society was frequently useful.

Our author is, beyond controversy, most sanguine in his hopes of perfection. If it is "taken for granted" that the articled pupil has acquired "classical, mathematical, and general knowledge, logic, and arithmetic, the French and German languages, politeness, and self-respect, virtuous conduct, or religious duty," the disciple will be a precocious model, even of modern education.

The Bar had better look to their supremacy.

Amongst other suggestions, the domestic relation between the clerk and the master is noticed. Mr. Wharton thinks that the association of Tutor and Pupil should exist in this case, but, in a majority of instances, he appears to liken the condition of the clerk to that of a servant. Tied down to a desk, copying forms and precedents, he is converted into a mere machine, or he runs about as a carrier of papers and server of notices.

Now without depreciating the value of legal literature, or seeking to discourage those pleasurable emotions of the mind which are excited by the prosecution of liberal studies, we are still of opinion that the young man should be careful to do as his elders have done before him, that he should master the forms as well as the principles of his profession.

And no doubt the writer of the "Manual" is of the same sentiment. We would only desire to moderate and sober down the love of high-reaching thought which might lead many his readers to a hope of excellence which they could scarcely expect to realise.

of

In a letter from a grandfather to his grandson by a Mr. Phillips, formerly an articled clerk1, there are some sensible observations touching this business of the desk:

"Your first point is to survey the conveniences of your seat, and make it as comfortable as you can. Consider how many years you will have to pass there."

“The first thing which you will have to do will be, probably, some writing to copy. Do this as well as you can take time about it."

1 Published in 1828.

"When you have any writing to copy, endeavour, as far as you can, to understand it."1

These precedents, although they may partake of a character for plodding, are apt to lay a foundation for the successful man. Suddenly called to the bedside of a dying person, and compelled at once to reduce to form the instructions which he then receives, almost within earshot of jealous. relations, the attorney, or sometimes even the articled clerk, must be able to make a will without recourse to his precedents. So with contracts. At markets and elsewhere it should be his habit (as it is the habit of great speakers) to put himself, in idea, in all positions, where his powers may be put into action, without opportunity for much reflection, or without recourse to his books. Neither do we feel quite confident that Mr. Wharton has not in some measure overestimated the obligations which he attributes to the principal with reference to his pupils. For the proficiency and welldoing of those who have entrusted themselves to his care the solicitor is bound to a serious concern, but that he is likewise committed to an arduous course of personal instruction is a question which might involve his duty to his clients as well as his clerks. Busy masters have not much time to teach. On a professional journey to and from the assize town, and upon other such occasions, valuable practical remarks may be gleaned from the principal; but we doubt whether the bustle of professional competition will admit of so enlarged a system of teaching as that which is insisted on in the present volume. It is beyond the powers of a barrister in large practice, whose vocation is less diffuse than that of the attorney, to maintain a career of successful pupilage. And we suspect that Mr. Wharton himself is not unpersuadable, for he very rationally remarks in another page:"While the articled clerk is in London he should seek out a barrister, known to be a man well qualified in his profession, who has given some attention to law-education, and who will actually read with him, and explain and put ques

The books of Simpson and Hooper may also be referred to.