THE LAW JOURNAL SALT & SONS, SHREWSBURY. FOR THE YEAR 1830 : COMPRISING REPORTS OF CASES IN THE 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, MDCCCXXX. IN THE COURTS OF EQUITY. IN THE COURT OF KING'S BENCH. IN THE COURT OF COMMON PLEAS. IN THE COURT OF EXCHEQUER. and was succeeded by- Sir JAMES SCARLETT, Knt. Attorney 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. } BROCKBANK V. DILWORTH. of their pro and should be transferrable as such, and 1829. that the said 4141 shares should be vested Dec. 5. in the several subscribers, and their several Shares in a Canal Company, which, by and respective executors, administrators, the act incorporating the company, are de- and assigns, to their and every clared to be personal estate and transmissible per use and behoof, proportionably to the as such, are within the 73d section of the sum they and each of them should seveBankrupt Act. rally subscribe and pay thereunto; and that Therefore, if they are assigned by A.to B. all and every the subscribers should be as purchaser for valuable consideration, by entitled to and receive, after the navigation deed, but the transfer is not completed in the should be completed, the entire and nett books of the company, and the shares con- distribution of 2111 part of the profits tinue standing in the name of A. and he be- and advantages of the canal. The 79th comes bankrupt, they pass to his assignees. section enacted, that it should be lawful for the several proprietors of the navigation to By the Lancaster Canal Act, passed in sell or dispose of his, her, or their share or the 32nd year of Geo. 3, the company of shares therein, subject to the rules, and proprietors were incorporated, and were conditions therein mentioned; and that every rendered capable of purchasing lands to purchaser should have a duplicate of the them and their successors and assigns, for deed of bargain and sale and conveyance the use of the navigation, and were em made unto him or her, and one part of powered to make and complete the canal, such deed, duly executed by the seller and The 62d section empowered the proprietors purchaser, should be delivered to the comand their successors to raise and contribute mittee of the company, or their clerk for amongst themselves, in such proportions as the time being, to be used and kept for the should be convenient for completing the use of the said company, and an entry canal, a sum not exceeding 414,1001. which thereof should be made in a book or books was to be divided into 4141 shares of 1001, to be kept by the clerk for that purpose, each. The 63rd section enacted, that the for which no more than 2s. 6d. should be shares should be deemed personal estate, paid : and the said clerk was thereby or VOL. VIII. CHANC. B |