cause of action which might be prosecuted exclusively in a common or a special count: but as these two were almost invariably joined together, the plaintiff, if he had any merits, was generally sure of a verdict on one or other of his counts. Now, however, as has been already stated in a former part of the work, only one count is allowed for a single cause of action! So that a plaintiff can no longer fly from a general to a special, or a special to a general count-he must stand or fall with the one he has selected: and to enable him to do this with safety, he must possess an accurate acquaintance with the very extensive and difficult subjects of sale and delivery of goods, works and services, &c. &c.—of which an instructive instance was given in a former page *.-As a general rule, it may be laid down in the language of Mr. Saunders, that "the declaration must be special, when the contract is founded on a consideration which remains executory, or on a consideration of legal liability without an express promise, or on a consideration of mutual promises or on a contract to do or forbear an act which is not to pay or re-pay money, or the value of chattels. It cannot be common, but where debt lies, and where the contract was to pay or re-pay money, or the value of chattels, and the consideration is executed, (and not merely executory) and not upon mutual promises +."

* See ante pp. 237-242. † Saund. Plead. & Evid. pp. 111, 2.

Let then, the student-at least during the earlier period of his pupilage-address himself chiefly to these common counts, with the correspondent pleadings-by which so much of the ordinary business of life is regulated: let him not concern himself with the "weightier matters of the law"-heavy special declarations and pleas, but leave them to those more advanced in their studies. When they have drawn their declaration or plea, and it has been settled, then let the junior pupil take it, and read over the whole with great care and attention-making a copy of it where his tutor advises him to do so. A little steady perseverance in this course will soon reward the student with the consciousness of making rapid progress in his studies.

SECTION II.

HOW TO ACQUIRE A FACILITY OF REFERENCE.

"Knowledge is of two kinds," said Dr. Johnson; "we know a subject ourselves, or we know where we can find information upon it."

This is especially applicable to the study and practice of the law for in the vast multiplicity of its topics, what memory can, especially in the early stages of study, pretend to a practical familiarity with a

Boswell's Life of Johnson, vol. iii. p. 75.

thousandth paat of it? A facility of reference will in a great measure compensate for this deficiency—and as the acquisition of that facility may certainly be expedited, it will be the Author's endeavour, in this section, to offer a few little practical expedients and suggestions toward the advancement of so desirable an object.

When a "case" is put into the hands of the young student, unless his tutor happen to be at hand to assist him, he will be often utterly at a loss in what direction to look for the law on the subject and possibly spends hours in turning over book after book, in the vain hope of lighting upon something "in point."Few things are so calculated to fret and dishearten a student, as frequent unsuccessful researches of this kind. Let, therefore, one of his earliest objects be to familiarise himself with the leading heads of law, so that, on reading over any statement of facts, he may at least know in what quarter to look for information -as, Principal and Agent-Stoppage in Transitu-Tender-Set-off-Agreements-Bills of ExchangeDeath of Parties- &c. &c. &c. as enumerated in the Table of Contents in any of the leading works of reference. Harrison's Digest will prove thus a nomen

clator

Servus, qui dictet nomina, lævum

Qui fodicet latus.

He must make a practice of carefully running his eye

over the chief and sub-divisions, down to the very sections, and endeavour to retain as distinct an impression as he can, of the kind of matter to be found in each. When he has been led into a long and close investigation on any particular point, let him endeavour to bear in mind-so to speak-the traces of the country he has quitted, in order that, on a future visit, he may be able to find his way about readily. Let him strive to recollect the trains of thought-the suggestions and associations which led him from step to step in his researches, till at length he discovered what he sought; an effort this which, constantly repeated, will not only serve to fix in his mind valuable information, but also sensibly improve his memory. When any statement of facts is laid before him for an opinion, the student will, as he goes over it, strive to refer particular topics to their appropriate departments: e. g." Sale of goods by sample-Principal's right as against agent-Admissions by agent," &c. This, perhaps, will be a somewhat intricate mercantile case respecting an agent's sale of goods by sample; in which the buyer disputes, inter alia, the right of the undisclosed principal to maintain an action, &c. &c. Possibly the pupil had, not long ago, occasion to go over the whole province of Principal and Agent law, and recollects the precise spot where there is a little heap of decisions on the main point in his present case-the subsequent recognition of his agent's authority, by an undisclosed principal. Thither, therefore,

T

he turns-finds a case-say Grojan v. Wade-underscored; and on turning to that case in Starkie's Reports, discovers the fruit of some previous researches, in the shape of four or five Ms. notes of recent decisions-one of them exactly in point on the present occasion-and thus, it may be, further attention to the case is rendered unnecessary; inasmuch as all the seller's objections depended upon this one, which has been demonstrated to be untenable. If, however, our student be not pressed for time, he will make a point of considering the whole case, just as carefully as though he had not made any such discovery of a governing decision as that above mentioned; for it must be a rule with him to omit no opportunity of thoroughly investigating a case, of hunting about for authorities, and endeavouring to apply them to facts. This is the way to get a facility of reference; and is it not preferable to the silly habit that some have of running-scared with the first sight of a case-to their pleader, with the hurried inquiry-"Where shall I get any thing about it?"-Surely the pleader should reply, as did the mother of Sir William Jones to her splendid son," Read, and you will know."

"The best book of reference," justly observes the editor of Wynne's Eunomus, "is COMYN'S DIGEST." With this great storehouse of law, the student must be at uncommon pains to familiarise himself; striving to know every chamber of it, every closet in every chamber, every shelf in every closet, and also the contents