ARGUED AND DETERMINED

IN

The Court of Queen's Bench,

AND UPON

WRITS OF ERROR FROM THAT COURT TO THE

EXCHEQUER CHAMBER,

IN

MICHAELMAS TERM, 1842, AND HIL. AND EAST. TERMS, 1843.

BY

CHARLES JAMES GALE, ESQ.

AND

HENRY DAVISON, ESQ.

OF THE INNER temple, BARRISTERS-AT-LAW.

VOL. III.

WITH

AN INDEX OF THE PRINCIPAL MATTERS.

LONDON:

S. SWEET, 1, CHANCERY LANE; A. MAXWELL & SON, 32, BELL YARD; AND
STEVENS' AND NORTON, 26 & 39, BELL YARD;

Law Booksellers and Publishers:

AND HODGES AND SMITH, GRAFTON STREET, DUBLIN.

LIBRARY OF THE

BELDET STANFORD, JR., UNIVERSITY JUW GENRYVENT

a.5-55-47

JUL 10 1901

LONDON:

C. ROWORTH AND SONS, PRINTERS, BELL YARD,

TEMPLE BAR.

JUDGES

OF

THE COURT OF QUEEN'S BENCH,

During the Period comprised in this Volume.

The Right Hon. THOMAS LORD DENMAN, C. J.

The Hon. Sir JOHN PATTESON, Knt.

The Hon. Sir JOHN WILLIAMS, Knt.

The Hon. Sir JOHN TAYLOR COLERIDGE, Knt.
The Hon. Sir WILLIAM WIGHTMAN, Knt.

ATTORNEY-GENERAL.

Sir FREDERICK POLLOCK, Knt.

SOLICITOR-GENERAL.

Sir WILLIAM WEBB FOLLETT, Knt.

MEMORANDA.

In Trinity Vacation, 1842, Herbert George Jones, of Lincoln's Inn, Esquire, was made Serjeant-at-Law, and gave rings with the motto "Benè volens."

In Michaelmas Term, 1842, Alfred Septimus Dowling, of Gray's Inn, Esq. was made Serjeant-at-Law, and gave rings with the motto, "Honos allexit."

In Michaelmas Vacation, 1842, Peregrine Dealtry, Esq. Her Majesty's Coroner and Attorney in this Court, died, and

On the first day of Hilary Term, 1843, Charles Francis Robinson, Esq., Clerk of the Rules on the crown side of this Court, was appointed to succeed him.

In Hilary Vacation, 1843, Nathaniel Richard Clarke, of Lincoln's Inn, Esq., was made Serjeant-at-Law, and gave rings with the motto, 66 Sapiens qui assiduus." John Barnard Byles, Esq., was also made Serjeant-at-Law, and gave rings with the motto, "Metuit Secundis."

In the same vacation Sir Gregory Allnutt Lewin, Knt. of the Middle Temple; the Hon. John Chetwynd Talbot, of the Middle Temple; Samuel Martin, of the Middle Temple, Esq.; John Arthur Roebuck, of the Inner Temple, Esq.; and William Henry Watson, of Lincoln's Inn, Esq., were appointed Queen's Counsel.

In Easter Term, 1843, Mr. Serjeant Wrangham received a patent of precedence to take rank after Loftus Tottenham Wigram, of Lincoln's Inn, Esquire (a).

(a) In Michaelmas Term, 1841, the following gentlemen of the Chancery Bar were appointed Queen's Counsel, Edward Wilbraham, Wilkinson Mathews, and John Herbert Koe, of Lincoln's Inn, Esqs.; John Godfrey Teed, of Gray's Inn, Esq.; William Loftus Lowndes, of Lincoln's

Inn, Esq.; Thomas Purvis, of Gray's Inn, Esq.; John Walker, of Lincoln's Inn, Esq.; Kenyon Stevens Parker, of Gray's Inn, Esq.; James Russell, of the Inner Temple, Esq.; and Robert Prioleau Roupell, Thomas Oliver Anderdon, and Loftus Tottenham Wigram, of Lincoln's Inn, Esqrs.

A

TABLE

THE CASES REPORTED

IN THIS VOLUME.

Several Cases in this Volume are reported by Mr. W. R. SEYMOUR FITZ-GERALD,

of the Northern Circuit.