is only a preparation. I believe that you have thereby earned
the capacity to understand the different topics of law in their
proper bearings.
certainty in it as in any other science, its boundaries, like the
Law is a vast science and though there may be as much of
than the labour of a life, and it can be with none the subject
horizon, seem to recede as we advance. Its acquisition is more
the knowledge that we acquire is 'but as a torch flung into an
of unshaken confidence. In the language of a learned writer,
abyss, making the darkness visible and showing the extent of
our ignorance
You have therefore to bear in mind that you have to study
law and not merely read it. I have heard students declare that
they have^read Ameer Ali's Evidence Act or Gour's Transfer of
Property Act. I am merely amused by such statements. I might
definite ideas on anything. You are not reading a novel, but
rather be tempted to conclude that they have gathered no
studying law. What you study you must study with precision
and accuracy and know where to draw the exact line. It is no
good knowing the law vaguely or inaccurately. You may then
be led into pitfalls out of which you cannot climb.
I wish to stress the need for studying a thing not once, but
many times. Never believe that because you have read a thing
once or twice you know it. If you read it a third time, 1 am
certain you will know it better, and a fourth still better. The
practice of a great lawyer may serve you as a guide. For ex-
ample, most lawyers believe that they are quite familiar with
Section 47, C. P. Code. But it is said that whenever a reference
to that section was made the late Sir V. Bhashyam lyengar
used to insist on its being read.
This leads me to a third idea, that you should study the law
in a spirit of inquiry. There should never be a feeling of satis-
faction that you already know it and that there is nothing
in that sense may be compared to the Infinite, whom you seek
more to know. The inquiry must be in a spirit of doubt. Law
be the spirit of the lawyer, a spirit of unsatisfied research. I
after with the words 'Neti, neti* at every step. That should
do not mean by this that you should have no conclusions or
desist from presenting them. As an advocate you have to
present conclusions with force, even when you are in doubt.
You must therefore never take anything for granted, but
examine it and satisfy yourself what it is or is not. You must
always take the attitude of a prativadi against yourself and know
the opposite side as well as your own.
The next point I want to emphasize is the cultivation of
memory. Professor Blackie has said : 'It is of no use gathering
treasures if you cannot store them, it is equally useless to learn
what you cannot retain in the memory. 1 But the memory that I
exercise, gained by repetition and aided by artificial bonds of
speak of is not the faculty of the mind which is improved by
association. It is not the memory of wholesale reproduction,
your hand in the proper place, one that is cultivated and gained
but the memory that will help you at the hour of need to put
by system, order and classification, as the result of intensive
study. You will then not only know what you have learnt,
does not carry heavy bullion in his pocket, which may as well
accurately and in its proper setting, but you will also be able
to draw upon it when you need it. As has been said, 'a man
be locked up in his chest, provided always that he himself
keeps the key in his own custody*. The Elliotts put the matter
has in memory as what he can do with what he has. A mechanic
in trenchant form thus : 'A man who depends upon his memory
of cases cannot successfully make his way througlra; Contest
where the real test of superiority is not so much what * man
may have in his shop a great number of the best tools in tiie
no benefit to him . . . To be available, the law of the case
world, but if he has not the skill to use them they are of little
benefit to him ; and so with the lawyer. He may have in memory
many cases, but if he has not the skill to use them they are ot
should be condensed into compact mental judgements, and in
that form woven into the mind, and not simply stored up in
memory.'
1 would advise you that, in addition, you make notes of the
new ideas that you gather. A written record always supplies a
sure aid and should not be despised. Let your notes be taken
methodically and classified and arranged in an intelligible man-
ner. Notes huddled together will be worse than useless.
Sir Charles Russell is reported to have given the following
advice : 'No man can get through a great leading practice at
the Bar unless he not merely learns quickly but also learns to
forget quickly what he learnt.' The lawyer's profession is so
wide and all-embracing that he may have to equip himself
examine a doctor or an engineer and to present his case in
with many matters for temporary use. He may have to study
the principles of medicine or of engineering in order to cross-
to learn and quick to forget' should therefore be the rule in
relation to their evidence. But it is not intended that the know-
ledge on these subjects then gathered should be abiding. 'Quick
regard to such matters. You must provide against needless
So, in addition to wide learning, you should cultivate the
mental congestion.
habit of intensive study. No one can hope to remember what
he only vaguely and indistinctly apprehends. Whatever you
are the distinguishing characteristics of a sound lawyer.
study you must study with precision and accuracy, which
Arrange and classify your ideas as you pick up and put
them on the shelf of the mind in their appropriate places. If,
for example, you come across a decision of the Privy Council
which strikes you as giving a fresh idea, make an effort and
learn how far antecedent law is varied or modified or excepted
or added to by the decision.
Lord Mansfield has expressed the view that as 'the law does
are illustrated and explained by those cases, the study of cases,
not consist of particular cases, but of general principles, which
to the exclusion of good textbooks, will not make a good all-
Appeals, the two big volumes of Smith's Leading Cases and
round lawyer*. I am not therefore advising you, as some may
do, to begin with the study of all the volumes of Moore's Indian
of White and Tudor's Leading Cases, and so on. It will certain-
a good deal of your patrimony. Your anxiety will now be to
ly pay you to do all or some of these things, if you can. But
I doubt if you can be expected to undertake the task at this
stage. You have entered professional life, possibly having spent
earn and you cannot therefore possess the peaceful and un-
turn to the study of law, in preference to light literature. If
concerned mind with which to pursue studies irrespective of
any other consideration. Therefore what I would advise you
to do is this. Do not in any event waste your time; and when
you are not otherwise occupied, have your books at hand and
fortunately you get a client who pays you, take it that the pay-
point in your favour. Pursue the inquiry, study the history of
ment is to make you study law. Take hold of the opportunity
so afforded and make a thorough and exhaustive study of
the branch of law that you have to prepare for that case. Do
not be content with getting one or two or even many cases in
the development of that branch of law and exhaust all avail-
able decisions and textbooks on the subject to such an extent
that you can lay your hand upon your heart and say 'I know
only give you confidence, but will also help you to appreciate
the law on this topic up to this date'. Such a study will not
topic that you may later come across. An orderly and classi-
in its proper perspective any new decision or opinion on the
fied study will also permanently fix it in your memory. A pro-
cess like this, repeated several times, will enable yoti to store
up a great deal ; and, as law abounds in analogies and is often-
times interrelated, your possession will be a respectable one.
That is the way in which I would ask you to add to your learn*
ing and knowledge. I have always held and advocated the view
good results by way of training if you were permitted to accept
that your period of apprenticeship would be more fruitful of
engagements and fees from clients, but without audience in
courts. I find that similar proposals have been made in some
of the American States.
Studying thus all the law connected with each case as it comes,
the attraction of legal subtleties will furnish you the necessary
fee. As I have said, in your earlier days, ban light literature
incentive to pursue research even when you may not have a
and spend your leisure in the study of law which is to give
Jurisprudence , Tudor on Charities, Lewin on Trusts, Jarman
you a living. There are standard books on many topics, like
Lindley on Partnership, Leake on Contracts, Story on Equity
Broom's Legal Maxims. Like axioms, they can help to form
on Wills, etc. Turn over their leaves in leisure moments and
pick up what you can out of them. I would advise you to read
your basic knowledge and stand you in good stead; for to
dignity to an argument. "At page 89(Journal) of 48 Madras Law Journal
attempt to prove their principles by other citations would not be
easy. The citation of an appropriate maxim adds force and
there is a recorded instance of the effect produced bv the citation
fact that the treasure was put in when the flagstaff was erected.
of an appropriate maxim. When the late Sir S. Subramania
Aiyar was Government Pleader, the then Mahant of Tirupati
was charged with the misappropriation of the valuable treasure
usually Buried under the flagstaff. There was no denying the
appealed to the court to avoid a sacrilege which would shock the
The application was to remove the flagstaff and examine the site.
Mr Norton on behalf of the Mahant strenuouslv opposed the
application, invoked the religious sanctity of the flagstaff and
whole orthodox world. Sir Subramania Aiyar argued contra, and
of the law by reading the current law reports. Read the
wound up his speech by quoting the maxim 'Fiat justitia ruat
coelum', which means 'Let justice be done even though the
heavens fall, and concluded that justice should not be denied
because a flagstaff would fall. The application was granted.
I should also advise you to keep in touch with the growth
your view. As a learned writer says, you will 'often find in
critical notes of cases when they appear, not so much for the
criticism as for the possible aspects that will be exposed to
them suggestions that will lead to a train of thought which will
clear away doubt and perplexity and light up more than one
up head-notes for the reports that you study, as that will clarify
dark corner*. It will be greatly helpful if you attempt to draw
your ideas and give you accurate knowledge.
THE USE OF LEGAL PHRASEOLOGY
I should advise you not to miss reading the reports of the
House of Lords and of the Privy_Council published by the
a great purpose to be served by reading judgements of that
Incorporated Council of Law Reporting in England. There is
legal parlance and use legal phraseology. Just as poetry has
kind. It is very necessary that you should learn to speak in
form and language of its own. To a purely literary person, it
a structure and a phraseology peculiar to itself, so has law a
may be jargon ; but the same effect cannot be obtained by
learn to make your own the bold, free and unfettered form
using any other common expression. You must read the judge-
ments of the House of Lords and of the Privy Council and
of expression employed in them. 'A man's vocabulary depends
very much always, and in the first stages perhaps altogether,
on the company he keeps.' Do not pass over pages in the
Reports of the House of Lords, after merely looking into the
short title, because the case reported deals with a shipbuilding
yard of which we have none to speak of in India, or because it
interprets a special enactment peculiar to the conditions obtain-
ing in England, or Because it has no direct bearing on condi-
tions in this country. I advise you to read the current volume
cases reported may be. It will widen your horizon, broaden your
of "Appeal Cases from cover to cover, whatever the nature of the
outlook, suggest new lines of approach to legal questions, help
you to cultivate the art of perceiving distinctions and furnish
you with a stock of forceful vocabulary.
Pertinent to the topic that I have been dealing with is
the question whether you should try and build up a library
of your own. It is a problem for the young enthusiast in law,
particularly for one who can afford it, whether he should not
possess his own law library. Upon this matter I will' first recall
to your mind the words of Dr Rabindranath Tagore who said
that to possess a library without using it is to be like a child
are for use' is the first law of library science ; and do not think
who wants a light burning all the time he is asleep. That 'books
of a library of your own until you have come to a determination
own view is that it is often just the opposite. The possession of
to make full use of your books. Some of you may think that the
possession of books will itself furnish an incentive to read. My
a library may lead to an ill-considered postponement of your
is limited. You will then be compelled to read them. I say all
study until you are unprepared even against the arrival of the
hour when you should be prepared. If you have to rely upon
the books of another which you have to borrow, the time for use
books you should first know what books exist. It is good for a
this not to dissuade you from possessing a law library but only
to call forth your determination to make use of the books.
This leads me to another idea : before you seek to possess
young lawyer to be familiar with the names of the standard
contents. You ought to know, for instance, that Benjamin
law books on the different subjects and with the names of their
authors. You must know what authoritative and useful books
exist on different subjects amongst Indian, English and
American publications. You must also know, generally, their
on Sales does not deal with Real Property, for which you must
Indian and English courts exist. There was once a craze for
refer to Williams or Dart on Vendors and Purchasers, that
Lewin deals with Private Trusts while Tudor deals with Public
Trusts. You will also make an effort to know what books on
Hindu Law, including the smritis and special treatises, exist.
It is also necessary for you to know what law reports of
their series. You ought to be able to distinguish Queen's Bench
the citation of American decisions, but that is now gone and
you need not trouble yourself about them. But you must be
familiar with Indian and English reports. You must also know
the various private reports that exist for the long period prior
to 1865 when the Incorporated Council of Law Reporting issued
and Payne, and so on. You had better familiarize yourself with
Reports from Law Reports, Queen's Bench Cases and Law Re-
ports, Queen's Bench Division. You ought to know the system
that is adopted in the law reports. You ought also to get familiar
with the private reports that I have mentioned. You must know
that B. & S. means Best and Smith, that C. & P.* is Carrington
across any such in your research, acquaint yourself with them
the chart issued by the publishers of The English Reports. I
would expect you to know even from the colour of the volume
of The English Reports whether it is Privy Council Reports,
or Rolls Court, or Vice-Chancellor's Court, or King's Bench
Court. There are also certain old Irish Reports which come up
in use like the reports of Schoales and Lefroy. When you come
their proper bearing by a mere study of them in the abstract.
then. The tables in the Revised Reports will help you to know
some of these.
I must not omit to draw your particular attention to an im-
portant statute, the Indian Evidence Act. You have taken a
course as well as an examination upon it. But I do not think
you can have understood all the sections of the Act in
Experience alone can help you to realize the exact import and
several exemptions and the many articles. The branches of law
delimitations of the several rules of the Evidence Act. You
must therefore be in frequent and intimate acquaintance with
all the provisions of that Act and watch how they work in
practice. I need not add that this is particularly important to
those of you that intend to practise in the mofussil trial courts.
You must also become familiar with the Limitation Act, the
in which work in courts is rapidly increasing are Insolvency
affix the proper court fee, for then your client might consider
and Company Law. You would be wise therefore in studying
these branches of the law carefully. You must also know
enough at least of the Registration Act, the Stamp Act, the
Suits Valuation Act and the Court Fees Act 9 to make swift
and accurate references to them. All these are imperative matters
of study for those of you that settle in the mofussil, where you
have to start the litigation. Do not expect your clerk to
you to be a person of defective knowledge. So likewise is the
may take place. You must know what law is available to you
case of a person who practises in the High Court, appellate
or original side ; he must be familiar with the rules of the court.
In short, you should be equipped to do all the work of a clerk
without flaw or error.
Last, but by no means the least important, is the necessity
for you to acquaint yourself with all unrepealed statute
law. Study the contents of the Civil Court Manual and the
volume of the Madras Acts and follow any new legislation that
for guidance on any matter.
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