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NEW-YORK LEGAL OBSERVER,

CONTAINING

REPORTS OF CASES.

DECIDED IN

THE COURTS OF EQUITY AND COMMON LAW,

AND

IMPORTANT DECISIONS IN THE ENGLISH COURTS;

ALSO,

ARTICLES ON LEGAL SUBJECTS,

PRACTICAL POINTS OF GENERAL INTEREST, REMARKABLE TRIALS,

SKETCHES OF THE BENCH AND THE BAR, ANECDOTES, &c., &c.

WITH

A TABLE OF CASES, A GENERAL INDEX,

AND

A DIGEST OF THE REPORTS.

EDITED BY

SAMUEL OWEN,

OF THE NEW-YORK BAR.

VOLUME V.

NEW-YORK:

OFFICE LEGAL OBSERVER, 41 ANN STREET.

1847.

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New-York Begal Observer.

VOL. V.]

NEW-YORK JANUARY, 1847.

THE LATE LORD CHIEF JUSTICE TIN-
DAL.

NICHOLAS CONYNGHAM TINDAL, the late
Lord Chief Justice of the Court of Com-
mon Pleas in England, was born at
Chelmsford in the year 1776. He was
descended from an ancient family in the
county of Essex.
His father, Robert
Tindal, practised many years as an at-
torney at Chelmsford.

[MONTHLY PART.

After some years practice as a special pleader, Mr. Tindal was called to the bar. This took place on the 20th June, 1809, and he selected the Northern Circuit as the field of his first exertions. It is said that during the early years of his progress he had so little expectation of his future eminence, that he applied, or had thoughts of applying, for a colonial appointment; but was dissuaded from expatriating himself by one who knew his attainments and capacity, and augured truly of his final

success.

Mr. Tindal went through the usual course of school education at Chelmsford, and in the year 1795, entered Trinity College, Although Mr. Tindal was never disCambridge. At the expiration of four years tinguished as a popular speaker, he soon he took the degree of bachelor of arts, displayed eminent powers of reasoning and in 1802, that of master of arts. He and profound knowledge of the law. The obtained the prize of Chancellor's Senior common law reports afford abundant eviMedallist, and stood high as a wrangler. dence of the esteem in which he was held He was elected a fellow of his College in 1803, and soon afterwards commenced his studies for the bar at Lincoln's Inn. He was a pupil of Mr. Richardson, afterwards Judge Richardson.

as a lawyer. He was engaged in many of the most difficult cases and argued them with logical skill and great ability.

The lectures at the Inns of Court, having long been abolished, it is the custom At that time any member of one of the for students, after entering themselves at Inns of Court was permitted to commence one of the Inns of Court, to resort to the practice as a special pleader or convey-chambers of a special pleader or barrister ancer, the duties of which consist in pre-in good practice and distinguished for his paring pleadings or conveyances for at- skill and learning. Certainly no better torneys. Mr. Tindal availed himself of choice could be made of a preceptor than this permission, and practised as a special the subject of this memoir. Of kind and pleader, in which department of business courteous manners, sound and discrimihe soon met with considerable success. nating judgment, great learning, paThis has been the course of many eminent tience, and assiduity, he was precisely the lawyers who thus establish a reputation person with whom a student, anxious to for skilful advice in the institution and de-acquire a knowledge of his profession, fence of actions, the preparation of plead- would be advised to study, and accordings and settling evidence; and hence ac-ingly we find that the pupils of Mr. Tinquiring the confidence of their clients, (the dal were numerous. Amongst others who attorneys,) they are enabled to proceed had the benefit of his able advice and into the bar with a sure anticipation of suc- struction were Lord Brougham and Mr. cess. Such has been the career of Mr. Baron Parke. Tindal, Sir William Follet, Sir Fitzroy Kelly, Sir Frederick Pollock, and many other eminent individuals.

VOL. V.

There is, of course, no better test of the esteem in which a counsellor is held for his legal attainments, than the frequency

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