THE LAWYER: HIS CHARACTER AND RULE OF HOLY LIFE.

Southland Times, Volume III, Issue 5, 18 November 1863, Page 2 (Supplement)

THE LAWYER : HIS CHARACTER AND RULE OF HOLY LIFE.

(After, the manner of George * Herbert's "Country Parson;'') : (From the Sydney Mail, Nov. 7.) THE LAWYER DRAWING DXEDS. / ~ The Lawyer, ia the~drawing of deeds, is careful to obtain all knowledge perti- * pent to the matter in hand/ and is stu- ' dious well to apply it. He considers , thatl deed resembles a house; which, if well constructed, lasts long and gives - protection and comfort to him who in- - habits it; but being ill-built, lets ia > wind and rain ; and to? complete all is ■ blown down some stormy night about' the ears of its possessor. ' Hence when engaged in this duty, the lawyer reflects anxiously how best he may secure ease and quiet to those and to their families who repose in him jso great a trust. His principal care is/ so far "las 1 he may control it, that the intention ;6f the parties be not only prudent, .but' righteous. , And, observing, *^.** ,'ifi r matters of property the ill-passions , of, our nature are wont, even. in the best£ to be stirred up and active — that' dis-^ trust in Providence and in one another — love of power' and of undue' gain;, have often way, though he "may, not always be able to procure the adoption of that course which, all circumstanced considered, is most holy and high--minded, yet he constantly- strives after this end by suggestions made ' with the diffidence which is required from one^ who advises in the affairs of others., . And first -he wishes that there be not -too great anxiety concerning the future — too much .thought of the morrow — he wishes -that* something be given to< trust in <tHe Pit*-" - vidence of God as ordering the affairs of men; for he sees that they who' by multiplying provisoes and conditions - think to secure themselves against the' ills of fortune, as they impiously termT, them, do most often in the end not only miss their aim, but draw upon themselves burthens more heavy than tfose they have sought to avoid. •Secondly^ he wills that without good cause the natural rights of men.be not abridged beyond what the law of the land prescribes ; as, in the frame vof the mar- - riage contract, restraining . tfie, , power of parents over their children, or of husbands over their wives. - He* commends the maxim of the /common law, which is also thaf of piety and re* - ligion, that a man and his wife are oriei - and he cares not that provision^ be made by those entering into the holy state of marriage for a separation which the Church will not. contemplate ; but requires that they who enter thereupon pledge to one another their faith until death do them part. -Thirdly,; he w shes that when .contracts are made ' between persons who are equal, the con-, tract be as simple and unfettered as may be ; that each may Snow to what he is obliged, and that the minds of men be not burdened with ..thoughts of complicated obligations, or, their estates at some future time encumbered with un-looked-for demands. -Fourthly, in all matters of trust, he advises that none be named' as trustees, who" are not willing to take upon them the duties of the trust ; and that to such offices men of integrity and probity' be chosen,' who will not use the power committed to them for their own gain and to the injury of those whose rights they are set toprotect. The lawyer, having made it his' first care that the wishes of the parties be, as far as he may control them,' prudent and upright, his next care is to provide that they {be given effect to in as full and ample a ..manner as the law will . permit; and that they -be not disap- • pointed by after events, or controlled and curtailed by the absence of provisions pertinent to the nature or the interests which it is the intention of the parties to create. And, seeing the infinite complexity of human affairs, and if he rely .upon his own skill alone, it were an hundred to one but that some - circumstances escape' his- notice which , ought to be provided for, he is careful to follow approved precedents sanctioned by time and the approbation of learned . men; not that he relies entirely upon these, for every case will have its own - peculiarities; and as he would be thought but a bungling cobbler' who - should think to fit all men of the same age from the same last, so he would be 'but a sorry conveyancer who should try to make' orie form of deed suit all conveyances of one class. "' : rtr The last, though not light, care of the lawyer is that his deeds *be concise* Prolixity in deeds he sees* to spring from indolence or dishonesty.' It* was no ill saying of one whoj in excuse for' the length of a letter, added' "'that' he had not time to be. short ;"~ and -so the lawyer finds it in the drawing of deeds. It is easier, he knows, to throw into- a deed all common forms 'and- wordaff taking chance that some among them ' will suit his purpose; than;carefuljy,tp weigh the wants of the .case' before him, and insert only what are called foe. The other cause of prolix deeds, to wit, adishonest wish to increase bis own^nd the attorney's gains/ he shrinks from with disgust, and knows; not/ by what words sufficiently "strong to' note 'his Vabhorrence of it.