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consisted of the judges of the two courts in which the case did not originate. So that an appeal from C. P. was heard in Ex. Cham. by the judges of Q. B. and Ex. There are no separate reports of decisions in this court. They are placed in the volume of reports of the court from which the appeal was taken. In the old law books they are cited under the barbarous name of Cam Scaec.; being the abbreviation of the Latin words Camera Scaecarii, meaning Exchequer Chamber.

Above the court of Ex. Chamber is the House of Lords, which, in most cases, is the court of last resort. The cases which come before

classes:

it are divided into two

a Scotch cases.

b All others.

Scotch cases are reported in a separate volume, and are not in general of much importance to the American lawyer, as they largely rest upon the Roman law. The other reports are of great consequence. Although the whole body of Lords nominally constitute the court; yet, in reality, appeals are heard only by a small number, who have generally held judicial positions, and are styled distinctively the Law Lords. The leading reporter for many years of these cases is Clark, with partners. Since 1866 these reports are a part of the series termed "Law Reports."

There is also another class of decisions called Privy Council cases. The Privy Council is the highest court of appeals in cases coming from the colonies, as for example, Canada or India. These cases are often very important. The leading reporters for many years were Knapp and Moore.

We will next refer to the Equity Tribunal. There were until recently four English courts of original jurisdiction,

three of which were held by judges called vice-chancellors, and a fourth by a master of the rolls, and appeals taken from their decisions to a court composed of two, and sometimes three, judges called the Lords-Justices. Then there is the court of the Lord Chancellor. Each of these courts, until 1866, had separate reporters.

The

Next in order are the Ecclesiastical reports. These contain cases in regard to wills, administration and divorces. Ecc. reports are as follows: Phillimore, Haggard, Adams, Curteis.

Finally, there are the admiralty reports containing decisions on maritime questions. The leading reporters are Robinson, Swabey, Robertson, Tristram and Lushington.

The foregoing account states the organization of the English courts as established before 1866. But in that year an important reorganization was effected by statute. At present all the English Superior Courts, whether of law or equity, are included under the general designation of "Her Majesty's Supreme Court of Judicature."

This is not a separate tribunal, but the name for the whole system of courts taken together. It is divided into a High Court of Justice which has original jurisdiction, and a Court of Appeals which has appellate jurisdiction. The high court is subdivided into the divisions which are substantially the old courts continued, or as follows: C. P. division; Q. B. or K. B. division; Exchequer division, Chancery division, Probate, Divorce and Admiralty division. The last three are grouped in one division-Probate and Divorce.

The Court of Appeals has a special organization, and has superseded the former Court of Ex. Cham. A final appeal may be taken from this court to the House of Lords, as in the old practice. The Privy

Council is continued as a court of last resort as before. The reports of all the courts are published by the council of law reporting. The present method of reporting in England is to place all the cases under the general head of "Law Reports" and then to add the special division e. g., "Law Reports, Queen's Bench Division," etc., and the abbreviation will be "L. R. Q. B. D."

In this country reports are to be examined and their value weighed in the same manner and on the same general principles. Thus, the decision of an individual judge does not have in general the same weight as that made by the appellate branch of court. This remark, however, must not be extended to decisions of the Court of Chancery under its former organization. In that court the decisions of an individual Chancellor may have the highest authority, as for instance, those of Chancellors Kent and Walworth in this State.

After the reports have been thus considered, a suggestion of importance should be made that a lawyer should examine all the authorities that can be cited by his opponent. He may then be prepared to meet his adversary by showing that the cases he cited have been overruled, or that they conflict with well established principles. Reference should be made to subject of discredited or rejected cases. A case is sometimes "limited" in its application by a succeeding case, or it may be "distinguished" from a late case by showing that the facts were not the same, or it may be "criticized" by the remark that the adjudication made was unnecessary, and so called a "dictum" or its principle may be wholly overturned or in legal language, "overruled." So decisions of a lower court reported in

one volume may be reversed and the reversal reported in a succeeding volume. There is usually a list of the cases of this kind in the digest, and frequently in the respective volumes of reports. There are also books containing this class of cases; examples are Greenleaf's Overruled Cases and Bigelow's Overruled Cases. Careful attention should be given to this matter.

The next point to be considered is the mode of preparing one's material for presentation to the court. There are two modes of preparation, one of which is by preparing what are called "points,” the other by presenting a more extended view called an argument.

It is only necessary to consider preparation of "points," since an argument is amplification of the "points" rather than anything truly distinct. The "points" consist of a short summary of all the argument and positions intended to be proved, and arguments to be made, and contain not only the leading principles but also minute subdivisions.

The ability to make good "points" must depend upon the power to reason correctly, which can be learned, however, by study of good examples, . g., 3 N. Y., 381, where will be found a very elaborate set of "points," by Nicholas Hill, a New York lawyer of great eminence. See also 20 N. Y., 210.

There is a difference to be observed between the preparation of arguments by one who holds the affirmative and one who does not. It is a rule that the affirmative has the opening of the case and also the reply, while the negative has no right to close the discussion. Thus when a pleading is demurred to, the demurring party holds the affirmative. In all cases of motions or appeals the appealing or moving party holds the affirmative. Un

der this distinction the party holding the negative, having no right to reply, must anticipate his adversary's arguments and refute them. This he must do in some courts without knowing what they will be, since he knows nothing of the argument of the affirmative until cause comes on for hearing.

The rules of the court require that the "point" should be printed in a particular manner as to paper, margin, etc., and at the commencement of the argument, or earlier they must be distributed among the counsel and judges. This rule is applied to all cases argued on their merits. On the appeal, if any additional authorities occur to the counsel in the course of the argument they may be mentioned to the judges who upon reference will take them down on the margin of their copies of "points."

The "points" are generally arranged in separate paragraphs appropriately designated by numerals or letters. In courts of original jurisdiction printed "points" are not essential, though sometimes used.

A syllabus of facts usually precedes the "points" made from testimony and other proceedings of the trial. An account of

these proceedings in full is usually printed, and is technically known as the case. The statement of facts prepared by the counsel must be corroborated by reference to the record of the proceedings, etc., and reference to the case, For the sake of convenience, every one hundred words in the case are marked on the margin consecutively and called a folio. The court can in this way verify the statements of facts.

Some directions for preparing "points" in manuscript are as follows:

At the head of the first page appears ist, the name of court in full; 2d, names of parties (So & So vs. So & So); 3d, "points."

If there is also a statement of facts made it should appear before the "points."

The paper used should be legal cap, and all papers referring to the same case should be fastened together. The document should then be signed by counsel and folded in four equal folds, and on the back the following should be placed : Name of Court.

Parties.

Points.

Name of Counsel.

COLLEGE ITEMS.

Columbia has lost two landmarks during the Summer. Professor Drisler is traveling abroad, and Proctor Stephen R. Weeks "has joined the silent majority." Proctor Weeks was first head Janitor, then Assistant Librarian, and since 1886 Proctor of the College.

On October 2nd, a very interesting lecture was given in the Middle lecture room, by Charles Waldstein, Ph.D., Litt. D., L. H. D., director of the American School of Classical Studies at Athens.

Manager Vosburgh, of the football team, has made arrangements for a game with Williams College on October 29, at Ridgewood. Columbia will also play the University of Pennsylvania on November 12th, at Philadelphia, and Princeton on election day in this city. Games are being arranged with Yale, Cornell, Lehigh, Lafayette and other colleges. We are glad to see that a number of Law School men are in training, but hope to see more.

Barnard College is making wonderful progress. This year it has a sophomore class of twelve and a freshman class of sixteen.

We have the sad fact to relate that the athletic grounds which were to have been opened to the students this fall, have been found impracticable for such a use. President Low, in his letter to the Spectator, tells of all the disappointments the committee has suffered in relation to these grounds. While we regret the loss of the Wheelock property for athletic purposes, we cannot help feeling that the committee has shown its wisdom in deciding not to spend the larger sum necessary to meet the necessities of the case.

A late number of The Christian Union contained an article on "Municipal Misgovernment," by President Low. We advise every student to read the article.

Six Siamese students have entered Westminster College, New Wilmington, Pa. They have been sent by the Siamese government, to receive their education in this country.

Dickinson College has opened its new law school, with a large class. We wish it all success.

At the first lecture of the Junior class, there were 200 men present. Sixteen had to stand through the lecture.

Professor W. R. Harper, of Yale College, recently elected president of the University of Chicago, is a young man of only thirty-four. In Oriental languages he is, perhaps, the most conspicuous educator of the day. An admirer says that no other man of this generation has quickened the study of the Bible in its original tongues so much as he.

Wesleyan University, Middletown, Ct., has received during the past year gifts aggregating $360,000; Johns Hopkins, $300,000; University of Pennsylvania, $250,000; Harvard, $160,000.

An intended gift to Harvard College has been withdrawn because of the recent act of some of its students in defiling the statue of the founder of that institution.

The oldest college dormitory in the United States is that known as South Middle at Yale. It was erected in 1752. At the last meeting of the Intercollegiate Football Association, the following arrangements were completed for the

championship games for this season. Yale and Princeton will play on Thanksgiving Day, at Eastern Park, Brooklyn. The other games will be as follows: Yale and Wesleyan, November 1st, at New Haven; Yale and the University of Pennsylvania, November 15th, at New Haven; Princeton and Wesleyan, November 15th, at Brooklyn; Princeton and University of Pennsylvania, November 18th, at Philadelphia; Wesleyan and the University of Pennsylvania, November 26th, at Brooklyn.

He decides that the awarding of such prizes to amateur oarsmen as wearing apparel, sugar, flour and the like is all wrong. "From the time of the Olympian Games," writes Mr. Garfield, "when the victor received a simple wreath of laurel, down to this day, the prize in all laudable competitions in every manly sport, has been, and should always be, regarded merely as the emblem of victory, valued, not because of its intrinsic worth, but as a souvenir of success. Men who want food and clothing should earn them by honest toil, and not by rowing boat races."

Those members of the Junior and Middle Classes who wish to compete for the positions of editors and manager of the TIMES for next year, are hereby notified that competition begins immediately, and is subject to the following rules: Any member of the Junior or Middle Class is eligible. Those desiring to compete should hand in their names, together with the department to which they will contribute, to the present editor at once. Competitors must hand in at least one ar

"How far a college's popularity depends upon its success in athletics, is still a disputed question. Many of the younger college graduates maintain that when a college has made a brilliant record in athletics the tide turns in that direction. Older men are not so willing to admit this, at least in whole. There have been several 'upsets' in athletics, lately. Yale undoubtedly leads all colleges to-day in her athletic achievements. Princeton's record last year was admirable. Harvard seems to be in an unhappy position. Perhaps if we watch the attendance lists of entering college ticle, signed and ready for publication

men, we shall be able to make up our minds this year as to the influence on young men's choice which victories on the water and on the field exert." This is the opinion of a college graduate who believes in all legitimate encouragement of athletics and who yet prefers to believe that most men go to college for the college- not for its athletic possibilities.

The following will be of interest to all college men Henry Whiting Garfield, the accomplished president of the National Association of Amateur Oarsmen, has just rendered an important decision.

whether it will be published or not is left to the discretion of the editor - the two gentlemen displaying the most ability for editorial work, in the opinion of the Board of Trustees, will be appointed as literary editors. The Board reserves the right to appoint the business manager.

Happy will be the day when Harvard and Princeton settle the difference between them. Are the Cambridge men ready for peace? is the question we hear on all sides. If the graduates had the say with regard to the question, we feel confident that that happy day would not be far distant. But as it is, there still ex

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