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Courts of Chancery, King's Bench, and Common Pleas,

FROM

MICHAELMAS TERM 1826, TO TRINITY TERM 1827,

BOTH INCLUSIVE;

AND

Cases comected with the Duties and Office of Magistrates,

DECIDED DURING THOSE TERMS.

VOL. V.

LONDON:
Printed by James Holmes, 4, Took's Court, Chancery Lane,
FOR J. W. PAGET, 5, QUALITY COURT, CHANCERY LANE.

MDCCCXXVII.

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The Right Hon. Sir WILLIAM DRAPER Best, Knt. Lord Chief Justice.
The Hon. Sir JAMES ALLAN PARK, Knt.
The Hon. Sir James BURROUGH, Knt.
The Hon. Sir STEPHEN GASELEE, Knt.

IN THE COURT OF EXCHEQUER.
The Right Hon. Sir WILLIAM ALEXANDER, Knt. Lord Chief Baron.
The Hon. Sir WILLIAM GARROW, Knt.
The Hon. Sir John HULLOCK, Knt.
The Hon. ROBERT GRAHAM, Knt.—succeeded by
The Hon. Sir John VAUGHAN, Knt.

IN THE ECCLESIASTICAL COURTS.

The Right Hon. Sir John NICHOLL, Knt. Official Principal of the Arches Court of Can

terbury, Judge of the Prerogative Court and the Court of Peculiars of Canterbury, The Right Hon. Lord STOWELL, Judge of the High Court of Admiralty of England. The Right Hon. Sir CHRISTOPHER ROBINSON, Knt. Chancellor of the Diocese of London.

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Sir CHARLES WETHERELL, Knt.
succeeded by

Attorney General.
Sir JAMES SCARLETT, Knt.
Sir NICHOLAS CONYNGHAM TINDAL, Knt. Solicitor General.

In Easter Vacation, John Earl Eldon, Lord High Chancellor of England, retired from that office, and was succeeded by the Right Honourable Sir John SINGLETON COPLEY, Knt., Master of the Rolls ; who, upon that occasion, was created a Peer of the United Kingdom, by the title of Baron LYNDHURST, of Lyndhurst, in the County of Southampton, and took his seat on the Bench of the Court of Chancery, on the first day of Easter Term. His Lordship was succeeded in the office of Master of the Rolls by Sir John LEACH, Knt., Vice-Chancellor ; and ANTHONY Hart, Esq., of the Middle Temple, was appointed to the vacant office of Vice-Chancellor, and shortly afterwards received the honour of Knighthood.

In the same Vacation, also, Sir CHARLES WETHERELL, Knt. retired from the office of Attorney-General, and was succeeded by JAMES SCARLETT, Esq., of the Inner Temple, who shortly after received the honour of Knighthood.

In this Vacation, also, the Honourable Sir Robert GRAHAM, Knt., one of the Barons of His Majesty's Exchequer, retired from the Bench, and John Vaughan, Esq., King's Serjeant, was appointed in his place.

In Trinity Term, the Right Honourable Sir CHARLES Abbott, Knt., Lord Chief Justice of the King's Bench, was created a Peer of the United Kingdom, by the title of Baron TENTERDEN, of Hendon, in the County of Middlesex.

In the Midsummer Vacation, the Right Honourable Lord MANNERS, Lord Chancellor of Ireland, retired from that office, and was succeeded by Sir ANTHONY Hart, Knt., ViceChancellor; and LANCELOT SHADWELL, Esq., of Lincoln's Inn, was appointed to the vacant office of Vice-Chancellor, and shortly after received the honour of Knighthood.

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In the same vacation C. C. Pepys, of Lincoln's Inn, Esq. was appointed one of His
Majesty's Counsel, and shortly after, the following gentlemen were promoted, viz.

John BERNARD BOSANQUET, Esq.
William Taddy, Esq.

>To be King's Serjeants.
JOHN Cross, Esq.
Thomas Wilde, Esq.

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Sir N. C. TINDAL, Knt. and Henry BROUGHAM, Esq. received Patents of Precedence ; T.C. TRESLOVE, Henry BICKERSTETH, George Rose, John WilliaMS, FREDERICK PolLOCK, JOHN CAMPBELL, HORACE Twiss, Charles FREDERICK WILLIAMS, W. SELWYN, Esqrs. and the Honourable T. ERSKINE, were appointed King's Counsel.

In Trinity Term, the following gentlemen were called to the dignity of the Coif: viz. Thomas Andrews, Henry STORKES, EDMUND Ludlow, Henry A. MEREWETHER, W.O. Russell, and Edward Lawes, Esqrs. and a few days afterwards, D. F. Jones, J. SCRIVEN, Henry STEPHEN, and CHARLES C. Bompass, Esqrs. ; they gave rings with the motto

more majorum."

CASES ARGUED AND DETERMINED

IN THE

Court of Chancery.

COMMENCING IN THE

SITTINGS BEFORE MICHAELMAS TERM, 7 GEO. IV.

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BLAIN V. AGAR.

1826.

Francis Alvan, Sir Francis Desanges, EbeNov. 2, 7.

nezer Fernie, Henry John Garratt, and John

Studdy Leigh. The following were the Joint Stock Company--Fraud— Parties.

material allegations contained in it. Two or more individual holders of shares That in the early part of the year 1825, in a joint stock company, not conducted ac- the defendants or the majority of them, causcording to the prospectus, have an equity to ed to be printed, published, and circulated, file a bill against the directors to recover the the following prospectus : instalments paid by them.

“ The Royal Stannary, or British Mining If a great number of shareholders assign Association; capital 500,000l. ; in shares their interest in the concern to two or more of 50l. each ; established under, and subject shareholders, upon trust, to recover what has to the Stannary laws only. Directors, Sir been paid by them, and to hold the surplus Emanuel Felix Agar, Edward Edwards, which shall remain, after expenses have been Lemuel Goddard, Robert Green, William defrayed, for the benefit of the assignors, Imeson, William Pass, Richard Patterson, the assignors must be parties to a bill filed by John Poingdestre, John Waller, Ralph Watthe assignees in trust, in order to obtain relief son, H. O. Wetherby. Trustees, Sir John with respect to the interest so assigned. Perring, Sir William Rawlins, Henry Stone.

Auditors, Daizel J. Thompson, Benjamin The bill was filed by Henry Blain, Wil- Wood, Charles Stephenson. Bankers, Sir liam White, John Robson, William Clark John Perring, bart. Shaw, Barber and Co.; and John Robertson, on behalf of them- Messrs. Martin, Stone and Stone. Solici, selves, and all other persons who had be- tors, Messrs. W. Beetham and Son. come parties to, and executed a certain " It is well known that many valuable indenture, dated the 30th January 1826, mines have been opened in Cornwall, Devon, in respect of their shares and deposits and other places, and have been either therein mentioned; against Sir Emanuel wholly abandoned, or but partially worked Felix Agar, Lemuel Goddard, Robert to great disadvantage, for the want of capiGreen, William Imeson, John Poingdestre, tal on the part of the adventurers ; and Henry Oswald Wetherby, Richard Heale, that

many

such are now in the possession

VOL. V. CHANC.

B

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