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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 connected with the Duties and Office of Magistrates,

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IN THE COURT OF COMMON PLEAS.

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 Canterbury, 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.

Sir CHARLES WETHERELL, Knt.

succeeded by

Sir JAMES SCARLETT, Knt.

Attorney General.

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.

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.

JOHN CROSS, Esq.

THOMAS WILDE, Esq.

>To be King's Serjeants.

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 66 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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Joint Stock Company-Fraud-Parties. Two or more individual holders of shares in a joint stock company, not conducted according to the prospectus, have an equity to file a bill against the directors to recover the instalments paid by them.

If a great number of shareholders assign their interest in the concern to two or more shareholders, upon trust, to recover what has been paid by them, and to hold the surplus which shall remain, after expenses have been defrayed, for the benefit of the assignors, the assignors must be parties to a bill filed by the assignees in trust, in order to obtain relief with respect to the interest so assigned.

The bill was filed by Henry Blain, William White, John Robson, William Clark and John Robertson, on behalf of themselves, and all other persons who had become parties to, and executed a certain indenture, dated the 30th January 1826, in respect of their shares and deposits therein mentioned; against Sir Emanuel Felix Agar, Lemuel Goddard, Robert Green, William Imeson, John Poingdestre, Henry Oswald Wetherby, Richard Heale, VOL. V. CHANC.

Francis Alvan, Sir Francis Desanges, Ebenezer Fernie, Henry John Garratt, and John Studdy Leigh. The following were the material allegations contained in it.

That in the early part of the year 1825, the defendants or the majority of them, caused to be printed, published, and circulated, the following prospectus :

"The Royal Stannary, or British Mining Association; capital 500,000l.; in shares of 501. each; established under, and subject to the Stannary laws only. Directors, Sir Emanuel Felix Agar, Edward Edwards, Lemuel Goddard, Robert Green, William Imeson, William Pass, Richard Patterson, John Poingdestre, John Waller, Ralph Watson, H. O. Wetherby. Trustees, Sir John Perring, Sir William Rawlins, Henry Stone. Auditors, Daizel J. Thompson, Benjamin Wood, Charles Stephenson. Bankers, Sir John Perring, bart. Shaw, Barber and Co.; Messrs. Martin, Stone and Stone. Solici tors, Messrs. W. Beetham and Son.

"It is well known that many valuable mines have been opened in Cornwall, Devon, and other places, and have been either wholly abandoned, or but partially worked to great disadvantage, for the want of capital on the part of the adventurers; and that many such are now in the possession

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