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Mr Oitley, the secretary to the company, was called to prove that the defendants were share-holders, directors, or servants of the company. On cross-examination, he stated the quantity of coal which passed along the railway down to the river Tees, at Middlebury, amounted to 171,000 tons for the year ending 30th of January, 1830; that there were now seven engines on the railway; that the number of engines required by the company was more than that; that the expense of carriage by the railway was in the proportion of £90 to £160 by the old plan; that the engines of the company were constructed on the best principle, and had been from time to time improved.
Mr. Pollock replied, contending, that, as the railway and engines were established under the authority of acts of parliament, they could not be considered as nuisances. His Lordship had suggested a special verdict, and he hoped his Lordship would adhere to it.
His Lordship said he saw no objection to a special verdict. Upon the evidence of Ottley it appeared that due care and caution had been used to make the thing as little a nuisance as possible. It was agreed that the Jury should find that the matter complained of was a nuisance, unless authorized by the acts of parliament and the facts proved upon his Lordship’s notes. The jury found accordingly.' Legal Obs.
Mr. Sanders. The decease of Mr. Sanders, the author of the Essay on Uses and Trusts, has given occasion to the following biographical notice of him in the London Law Magazine :
Mr. Sanders was a native of the Island of Nevis ; he was born about 1770, but we do not know the date of his arrival in England, nor have we been able to learn any thing concerning his early education. It has been stated on respectable authority, that he was a pupil of Mr. Stanley, afterwards Attorney General for the Leeward Islands, but we have good grounds for believing that his first (if not only) master was Mr. Hughes, who never attained much reputation as a practitioner, though there was always a sort of prejudice in his favor, from the circumstance of his having been clerk to Fearne. Whoever his instructer might be, Mr. Sanders undoubtedly made good use of his time. The first edition of his celebrated Essay on Uses and Trusts, was published in 1791, when he had only just attained to legal years of discretion. 1
A second edition, considerably enlarged, appeared in 1 It has been remarked as a singular coincidence, that Sir E. Sugden's work on Vendors and Purchasers, and Mr. Preston's Essay on Estates, were also published before the respective authors had attained the age of twenty-two.
1799. In 1794, he edited Atkyns' Reports, and in 1819 he published a Tract on the Surrender of Copyholds, written in answer to a note in Sugden's edition of Gilbert, to prove that copyholds might be subject to powers. He came into the profession without connexion or introduction of any sort, and owed the large practice and high consideration he enjoyed to his talents and industry alone. He was highly esteemed in all branches of conveyancing, but more perhaps as a lawyer than a draftsman. His judgment, in particular, was excellent; and this, combined with his scrupulous integrity, caused, him to be employed during the latter years, as the general umpire or referee of conveyancers. But here a few words of explanation may be necessary. The questions of real property law decided by the Courts, bear a very small proportion to those which are settled by conveyancers. As indeed, in the investigation of titles at least, a conveyancer never advocates an opinion which he does not entertain, his duties have a good deal of the judicial character about them. Thus, when one conveyancer thinks a title objectionable, another is usually applied to by the opposite party to confirm or answer the objection. If the two differ, the point is ordinarily referred to some eminent member of the profession, with an understanding that the parties are to abide by his opinion, which then becomes part of the practice of conveyancers, and is always respected and usually confirmed by the Courts. After the death of Mr. Shadwell (the father of the Vice Chancellor) many references were made to Mr. Bell, but no conveyancer has since obtained so large a share of this business as Mr. Sanders. Independently of his private worth, his loss is very deeply regretted on this account. He was added to the Real Property Commission, in consequence of the great weight which real property lawyers attached to his opinions — his strictly professional opinions, we mean; for calling to mind his well-known declaration in favor of Fines and Recoveries, his original dislike to Registration, and the general tenor of his remarks in the Appendix to the First Real Property Report, we will not pay the profession so bad a compliment as to suppose that they respected his first notions of legal reform. Very soon after his appointment, however, he made ample atonement for his heresies ; nor can any stronger evidence of the love of truth and openness to conviction, which always distinguished him, be found, than the hearty support he subsequently gave to almost all the measures he began by contending against. His name is subscribed to the second Report, and he latterly approved of most of the recommendations in the first, not excepting the abolition of Fines and Recoveries. He was sixty-two years of age when he died.
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AMERICAN. Precedents of Indictments; to which is prefixed a concise Treatise upon the Office and Duty of Grand Jurors. By Daniel Davis, Solicitor-General of Massachusetts. Boston, Carter, Hendee, & Babcock. 1831. pp. 319. 8vo.
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District of New York, 234.
Nation against the state of Georgia, noticed, 209; the title to
kees, 436; decision in Tennessee, 457.