Courts of Chancery, King's Bench, and Common Pleas, FROM MICHAELMAS TERM 1828, TO TRINITY TERM 1829, BOTH INCLUSIVE; AND Cases connected with the Duties and Office of Magistrates, DECIDED DURING THOSE TERMS. VOL. VII. LONDON: Printed by James Holmes, 4, Took's Court, Chancery Lane, FOR J. W. PAGET, 5, QUALITY COURT, CHANCERY LANE. MDCCCXXIX. 1829. IN THE COURTS OF EQUITY. 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 GEORGE SOWLEY HOLROYD, Knt. who, in Michaelmas Term 1828, resigned his seat, and was succeeded by The Hon. Sir JAMES PARKE, Knt. The Hon. Sir JOSEPH LITTLEDALE, Knt. IN THE COURT OF COMMON PLEAS. The Right Hon. Sir WILLIAM DRAPER BEST, Knt., Lord Chief Justice, who, in Easter Vacation, was created Baron Wynford, and was succeeded by The Right Hon. Sir NICHOLAS CONYNGHAM TINDAL, Knt. 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 JOHN HULLOCK, Knt. 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- Dr. HERBERT JENNER, His Majesty's Advocate General. Sir CHARLES WETHERELL, Knt., Sir JAMES SCARLETT, Knt. Sir NICHOLAS CONYNGHAM TINDAL, Knt., Attorney General. Solicitor General. PROMOTIONS. Easter Term, 1829. Mr. Justice HOLROYD resigned his seat, as one of the Judges of the Court of King's Bench, and was succeeded by JAMES PARKE of the Inner Temple, Esq.; who was called to the degree of Serjeant, and gave rings with the motto, "Justitia tenax."-He took his seat in that Court on Tuesday the 18th of November, and was afterwards knighted. THOMAS DENMAN, Esq. took his seat within the Bar, having received a patent of precedence. Hilary Term, 1829. EDWARD GOULBURN, Esq. was called to the degree of the Coif, and gave rings with the motto, "Nulla retrorsum." Easter Vacation, 1829. Sir WILLIAM DRAPER BEST resigned the office of Chief Justice of the Court of Common Pleas, and was created Baron Wynford ;-he was succeeded by Sir NICHOLAS CONYNGHAM TINDAL, Knt., who was called to the degree of Serjeant, and gave rings with the motto, "Quid leges sine moribus!" He took his seat as Chief Justice of that Court on the first day of the ensuing Trinity Term. Sir CHARLES WETHERELL, his Majesty's Attorney General, resigned his office, and was succeeded by Sir JAMES SCARLETT, Knt. EDWARD BURTENSHAW SUGDEN, Esq. was appointed his Majesty's Solicitor General in the room of Sir NICHOLAS CONYNGHAM TINDAL, and was knighted. Trinity Term, 1829. WILLIAM HENRY TINNEY, THOMAS PEMBERTON, JAMES LEWIS KNIGHT, Esqrs.; and the Honourable CHARLES EWEN LAW, were respectively appointed his Majesty's Counsel learned in the Law, and took their seats within the Bar accordingly. CASES ARGUED AND DETERMINED IN THE Court of Chancery, COMMENCING IN THE SITTINGS BEFORE MICHAELMAS TERM, 9 GEO. IV. 1828. Oct 20. } BRUMMELL V. MACPHERSON. crue on the said bank annuities previous to the said sale, the sum of 2,2381. 5s. 7d. should be paid to George Maule, on beIf money be imprested by the Crown into half of the petitioner, his Majesty's Atthe hands of an army agent, for the purpose torney-General, acting on behalf of his of being paid to officers, to whom it is due, Majesty; but, in case the said residue and it is never demanded by them, and is thereof the money to arise by the said sale, fore, not paid by the agent; it remains the money of the Crown in the hands of the agent, for which the agent is accountable to the Crown. The facts of this case are fully stated in the report of the original hearing, before the Vice Chancellor. See 5 Law Journ. Chanc. p. 57. The order then made was, "that so much of the said Master's report, dated the 18th of April 1826, as certified that his Majesty was entitled to call for an account of the balances in the said report mentioned, and to take them out of the hands in which they then remained, be confirmed; and it was ordered, that the 2,590l. 1s. 7d. bank three per cent. annuities, standing in the name of the Accountant-General of this Court, in trust in these causes, the claim of the Crown on the testator's estate-should be sold;" and, after providing for the payment of costs out of it, it was ordered, "that, out of the residue of the money to arise by the said sale, and any interest which might acVOL. VII. CHANC. and the said interest should not be sufficient to pay the said sum of 2,238l. 5s. 7d. as aforesaid, that the whole of the said residue of the money to arise by the said sale and the said interest should be paid to the said George Maule, on behalf of the said petitioner (the Attorney-General), acting on behalf of his Majesty as aforesaid, in satisfaction of the claim on the said testator's estate, as far as the same would extend." From this order two of the plaintiff's appealed; praying, by their petition, that the order of his Honour, the Vice Chancellor, dated the 7th of June 1826, might be rescinded, and that, in lieu thereof, it might be declared, that there was not any further sum due and owing from the estate of the testator, William Brummell, to the Crown, in respect of the regiments in his agency, or in the agency of Messrs. Bishopp and Brummell. In the discussion, the same points were raised as in the court below. B |