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

FROM

MICHAELMAS TERM 1829, TO TRINITY TERM 1830,

BOTH INCLUSIVE;

AND

Cases connected with the Duties and Office of Magistrates,

DECIDED DURING THOSE TERMS.

VOL. VIII.

LONDON:

Printed by James Holmes, 4, Took's Court, Chancery Lane,

FOR J. W. PAGET, 5, QUALITY COURT, CHANCERY LANE.

MDCCCXXX.

9 DEC 1959

LIBRARY

1829-30.

IN THE COURTS OF EQUITY.

The Right Hon. LORD LYNDHURST, Lord High Chancellor.
The Right Hon. Sir JOHN LEACH, Knt., Master of the Rolls.
The Right Hon. Sir LANCELOT SHADWELL, Knt., Vice Chancellor.

IN THE COURT OF KING'S BENCH.

The Right Hon. Lord TENTERDEN, Lord Chief Justice.

The Hon. Sir JoHN BAYLEY, Knt.

The Hon. Sir JOSEPH LITTLEdale, Knt.

The Hon. Sir JAMES PARKE, Knt.

IN THE COURT OF COMMON PLEAS.

The Right Hon. Sir NICHOLAS CONYNGHAM TINDAL, Knt.

The Hon. Sir JAMES ALLAN Park, Knt.

The Hon. Sir STEPHEN GASELEE, Knt.

The Hon. Sir JAMES BOROUGH, Knt., resigned, and was succeeded by—
The Hon. Sir J. BERNARD BOSANQUET, 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 VAUGHAN, Knt.

The Hon. Sir JOHN HULLOCK, Knt., died on the Summer circuit, 1880,

and was succeeded by―

The Hon. Sir WILLIAM BOLLand, Knt.

Sir JAMES SCARLETT, Knt. Attorney General.

Sir EDWARD BURTENSHAW SUGDEN, Knt., Solicitor General.

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.
Sir STEPHEN LUSHINGTON, Judge of the Consistory Court of the Diocese of London.
The Right Hon. Sir CHRISTOPHER ROBINSON, Knt., Judge of the High Court of Admiralty.
Dr. HERBERT JENNER, His Majesty's Advocate General.

CASES ARGUED AND DETERMINED

IN THE

Court of Chancery,

COMMENCING IN THE

SITTINGS BEFORE MICHAELMAS TERM, 10 GEO. IV.

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Shares in a Canal Company, which, by the act incorporating the company, are declared to be personal estate and transmissible as such, are within the 73d section of the Bankrupt Act.

Therefore, if they are assigned by A. to B. as purchaser for valuable consideration, by deed, but the transfer is not completed in the books of the company, and the shares continue standing in the name of A. and he becomes bankrupt, they pass to his assignees.

By the Lancaster Canal Act, passed in the 32nd year of Geo. 3, the company of proprietors were incorporated, and were rendered capable of purchasing lands to them and their successors and assigns, for the use of the navigation, and were empowered to make and complete the canal. The 62d section empowered the proprietors and their successors to raise and contribute amongst themselves, in such proportions as should be convenient for completing the canal, a sum not exceeding 414,100l. which was to be divided into 4141 shares of 100%. each. The 63rd section enacted, that the shares should be deemed personal estate,

VOL. VIII. CHANC.

and should be transferrable as such, and that the said 4141 shares should be vested in the several subscribers, and their several and respective executors, administrators, and assigns, to their and every of their proper use and behoof, proportionably to the sum they and each of them should severally subscribe and pay thereunto; and that all and every the subscribers should be entitled to and receive, after the navigation should be completed, the entire and nett distribution of part of the profits and advantages of the canal. The 79th section enacted, that it should be lawful for the several proprietors of the navigation to sell or dispose of his, her, or their share or shares therein, subject to the rules, and conditions therein mentioned; and that every purchaser should have a duplicate of the deed of bargain and sale and conveyance made unto him or her, and one part of such deed, duly executed by the seller and purchaser, should be delivered to the committee of the company, or their clerk for the time being, to be used and kept for the use of the said company, and an entry thereof should be made in a book or books to be kept by the clerk for that purpose, for which no more than 2s. 6d. should be paid: and the said clerk was thereby or

B

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