useful topick, is appended to a work called Deinology, by Hortensius. Scarce any part of a lawyer's profes sional duty requires more skill and delicacy of management, than the viva voce examination of witnesses, Great knowledge of the human character, the art of adapting his manner to its varieties, penetration, equa nimity, amiableness, firmness, clearness of expression, &c. are requisite in extracting the precise truth from witnesses; and it is one of those arts on which a law. yer's success or discomfiture frequently depends, independently of the intrinsick merits of his cause. It is an art, in which there may be a considerable display of genius; and often more strongly commands the admiration of intelligent observers, than elaborate and eloquent speaking. The ninth section of the second volume of Evans's Pothier is recommended by us in this place, chiefly on account of some useful observations on this topick, addressed to young practitioners.

OF NOTE BOOKS:

"Brevitas Memoriæ Amica."

It has often been a question whether the legal student derives from the practice of taking notes any solid advantage, and one fully commensurate with the necessary expenditure of time. A solution of this question can only be found by first considering it as applied to the usual manner of taking notes, which is founded on no principle, and regulated by no rule; and secondly, in reference to the most methodical and scientifick modes by which such a practice may be directed. We have no hesitation in saying that a student would do better never to make a note, than to indulge in the customary mode; and, on the other hand, that there is no auxiliary so powerful, or so durably advantageous as noting, when properly regulated. That species of note-taking which consists in transcribing nearly all which a student reads, and which, like the practice of some lawyers in noting the testimony of witnesses, presents the whole, with all its wordy and immaterial appendages, is surely a great waste of time.

Common-place books, as to their matter and method, should vary with the progress of the student; for that which is highly proper for him who is advanced in his studies, would be altogether unsuitable to the mere

tyro. In determining, therefore, on the utility of this practice, the student must be presumed to follow the most advantageous method; in which case, we do not doubt the justness of an affirmative answer.

It is a law of our nature that those impressions which simultaneously affect the mind through the medium of more than one sense, are more vivid and lasting, than where only one of the senses is excited. Writing is a species of touch, and is an act which, from the time and attention necessarily required, must be favourable to the memory: Besides this; there is a pride in our nature which revolts at the servile transcription of what is not understood; the student, therefore, will be stimulated to additional inquiry, and until he has sufficiently investigated the subject, judiciously to abridge his author, or extract the substance, he will not record it in his note book. The objects of noting are two; first, as a means of impressing knowledge on the mind, by selecting and extracting from much that which is valuable, and secondly, the possession of such a digest as may be frequently resorted to; which digest, being the work of the student himself, carefully and judiciously selected from an infinite variety of authors, and methodically arranged, must be familiar to him, and can be examined by him with more facility, for the solution of an occasional doubt, than perhaps any other work. In order to accom plish both of these objects, with the least expense of time, and with an assurance of freedom from the plausible objection that "what is committed to paper, is but seldom committed to the mind," we shall present to the student our opinion as to the different kinds of note books proper to be used; the order in which they

should be taken up; and the particular method to be adopted in each.

In contemplating the mind in its gradual progress from the rudiments of any science, to that complete knowledge of it which leads to refinement and censure; to that intellectual vision which, whilst it presents the science with all its harmonies, amplifies all its defects; the inquirer must perceive the necessity of adapting to each stage of his progress, a mode of investigation, and a method of recording its results, best suited to the particular state of mental improvement. This view of the subject is the result of experience, and is fully justified by that a priori reasoning, which presents itself to every one who maturely reflects on it. Some, perhaps, may think that this is imparting to a trifling subject an air of scientifick importance, and attempting to fashion on principles that which should vary with the taste or whim of the student. We think not: the simplest things in life lose none of their value by giving to them that philosophy which really belongs to them; and nothing should be deemed trifling which relates to the economy of time, improvement in knowledge, and the general benefit of students. We shall, therefore divide note books into the eight following kinds, the nature and use of which we shall, in their order, proceed to explain.

1. Note Book of Exceptions to General Principles. 2. Note Book of Abridgment of Statute Law. 3. Note Book of Remarkable Cases Modified, Doubted, or Denied.

4. Note Book of Leading Cases.

5. Note Book of Uncommon Titles.

6. Note Book of Obiter Dicta and Remarkable Sayings of Distinguished Judges and Lawyers.

7. Note Book of Books Approved or Condemned. 8. Note Book of Doubts and Solutions.

1st. NOTE BOOK OF EXCEPTIONS TO GENERAL PRINCI PLES.

The substratum of every science consists of certain elementary rules or first principles, which as they are generally the pure dictates of reason, and short and simple in their phraseology, find an easy access to the mind. These rules are necessarily numerous, and, with their exceptions and illustrations, constitute the entire learning of any science. Principles, owing to the universality of their expression, their reason, and application, glide almost imperceptibly into the mind, and being once seated in the memory, seldom or never abandon it. That which is once forcibly impressed on the understanding, because fully comprehended, is not liable to forsake us; hence those rules which have been repeatedly tested by reason, and successfully applied to an infinite variety of cases, and finally adopted as principles, have a particular congeniality with the mind, and are welcomed to the memory as the offspring of philosophy. But exceptions have each a peculiar reason, requiring a special act of memory, and they seldom enter the mind so freely, or remain so willingly as general rules. In the case of principles the memory is often merely passive, but exceptions generally call on the active memory. A note book therefore, which records exceptions, answers a double purpose; for as an exception proves the rule, a record of exceptions