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Mr Ottley, 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.
QUARTERLY LIST OF LAW PUBLICATIONS.
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. Reports of Cases argued and determined in the Supreme Judicial Court of Massachusetts. By Octavius Pickering, Vol. IX. Boston. Hilliard, Gray, & Co.
Commentaries on the Laws of England, by Sir William Blackstone; in 2 vols., a new edition, with Practical Notes by Christian, Archbold, and Chitty, with additional Notes and References by a gentleman of the NewYork Bar; to which is added an Analysis by Baron Field.
A Treatise on the principles of Pleading in civil actions; comprising a summary view of the whole proceedings in a suit at Law. By Henry John Stephen, Sergeant at Law; from the last London edition, with connections and improvements. The second American edition, with large additions, by Francis J. Troubat, in 1 vol. royal 8vo. Philadelphia. R. H. Small.
A treatise on Crimes and indictable Misdemeanors, by William Oldnall Russell, of Lincoln's Inn, Barrister at Law. With additional notes of decisions in the American Courts, by Daniel Davis, Solicitor General of Massachusetts. Second American, from the second English edition, with additional references, By Theron Metcalf. 2 Volumes. Philadelphia, Nicklin & Johnson; Boston, Lilly & Wait.
Reports of cases argued and determined in the English Ecclesiastical Courts, with tables of the cases and principal matters edited by Edward D. Ingraham, Esq. of the Philadelphia Bar. Vol. 2, containing Adam's Reports.
A Treatise of Equity; with the addition of Marginal References and Notes, by John Fonblanque, Esq., Barrister at law. Third American Edition; with References to American Chancery Decisions, and additional Notes, by Antony Laussat, of the Philadelphia Bar. Philadelphia. John Grigg. 1831. 8vo. pp. 755.
A General Treatise on Statutes, their Rules of Construction, and proper Boundaries of Legislation and Judicial Interpretation. Part II. Legal. By Fortunatus Dwarris, of the Middle Temple, Esq. Barrister at Law. In 8vo, price 10s. 6d. boards.
Principles of Conveyancing; designed for the use of Students, with an Introduction on the Study of that Branch of Law. By Charles Watkins, of the Middle Temple Esq. Barrister at Law. Part I. with Annotations by George Morley and Richard Holmes Cootes, Esqrs. Barristers at Law. Part II. with Annotations by Thomas Coventry, Esq. Barrister at Law. Seventh Edition, revised and enlarged, by a Barrister of the Middle Temple. In demy 8vo. price 15s. boards.
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A Chronological Index to the Statutes at large from Magna Charta to July 23d, 1830, being the end of the Fourth Session of the Eighth Parliment
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An Essay on the Learning of Contingent Remainders and Executory Devises. By Charles Fearne, Esq. Barrister at Law. The Ninth Edition, with additional Notes. By Charles Butler, of Lincoln's Inn, Esq. Barrister at Law. Price 11. 58.
A Legal Argument, shewing that Tithes are the Property of the Public and of the poor. By William Eagle, of the Middle Temple, Esq. Barrister at Law. Price 2s. sewed.
Rules of the Courts of King's Bench, Common Pleas, and Exchequer, of Trinity Term, 1st William IV. 1831. With Marginal Abstracts, Schedule of Forms, &c. Price 18. sewed.
A Concise and Intelligible Introduction to the Laws of England: omitting Obsolete Technicalities, and containing Useful Matter; calculated as a Legal Compendium for General Readers, and an Elementary Work for Professional Students, &c. By a Barrister at Law of the Inner Temple. Parts I, and II, price 10s. sewed.
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A Treatise on Powers. By Henry Chance, Esq. of Lincoln's Inn, Barrister at Law. Vol. I. price 218. boards.
A Review of the Marriage Law of Scotland and England; showing how they might be assimilated with advantage to both Countries. Also, Remarks on the Ancient Roman Jurisprudence on the same subject. By W. C. Boyd. Price 28. sewed.
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Forms of Ecclesiastical Law, or the Mode of Conducting Suits in the Consistory Courts; being a Translation of the First Part of Oughton's Ordo Judiciorum, with large Additions from Clarke's Praxis, Conset's Practice, Ayliffe's Parergon, Cockburn's Clerk's Assistant, Gibson's Codex, &c. By James Thomas Law, Chancellor of Lichfield and Coventry. In 8vo. 14s. boards.
Agents and factors, Lord Mansfield's decisions respecting them,
Ashmead's Reports, vol. 1, digest of, 129.
Baker, David E., appointed District Attorney for Illinois, 234.
Benton, Nathaniel S., appointed District Attorney for the Northern
Bills of exchange and promissory notes, Lord Mansfield's decisions
Bridges, see Franchises.
Burrow, extracts from preface to his reports, 79; remarks on
Burfoot, Thomas E., appointed District Attorney for the western
Chancery, viva voce examination in, 234.
Cherokee Nation, Mr. Peters's report of the case of the Cherokee
Connecticut legislation, 434.
Corporations, execution against the members of, 468.
Davis, Daniel, notice of his Precedents of Indictments, 448.
Digest of recent decisions, 129, 336.
Dog, mischievous, the right to kill it examined, 461.