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SHREWSBURY.

THE LAW JOURNAL

POR

THE YEAR 1828 :

COMPRISING

REPORTS OF CASES

IN THE

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

FROM

MICHAELMAS TERM 1827, TO TRINITY TERM 1828,

BOTH INCLUSIVE.

AND

Cases comected with the Duties and Office of Magistrates,

DECIDED DURING THOSE TERMS.

VOL. VI.

LONDON:
Printed by James Holmes, 4, Took's Court, Chancery Lane,
FOR J. W. PAGET, 5, QUALITY COURT, CHANCERY LANE.

MDCCCXXVIII.

9 DEC 1959 KIBRARY

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1. Reports of Cases in the Courts of Equity.. 2. Reports of Cases in the Court of King's Bench. 3. Reports of Cases in the Court of Common Pleas. 4. All Cases connected with the Duties of Magistrates. 5. A Digest of all the Reports in every Court of Justice in the Kingdom. 6. An Abridgment of every Act of Parliament immediately after it has passed. 7. Law Tracts.

1828.

IN THE COURTS OF EQUITY.
LORD LYNDHURST, Lord High Chancellor,
Sir John LEACH, Knt. Master of the Rolls.
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.
The Hon. Sir Joseph LITTLEDALE, Knt.

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. Sir John VAUGHAN, Knt.

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. The Right Hon. Lord Stowell, Judge of the High Court of Admiralty of England, suc

ceeded on his resignation in Hilary term by Sir CHRISTOPHER ROBINSON, Knt. The Right Hon. Sir ChristOPHER ROBINSON, Knt. Chancellor of the Diocese of London,

succeeded on the above appointment by Sir STEPHEN LUSHINGTON as Chancellor of the Diocese of London

and by Dr. HerbERT Jenner as His Majesty's Advocate General.

Sir James SCARLETT, Knt.
succeeded on his resignation in Hilary term by Attorney General.

Sir Charles WETHERELL, Knt.
Sir NICHOLAS CONYNGHAM TINDAL, Knt. Solicitor General.

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CASES ARGUED AND DETERMINED

IN THE

Court of Chancery,

COMMENCING IN THE

SITTINGS BEFORE MICHAELMAS TERM, 8 GEO. IV.

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The bill was filed by Green, against Wea. ver, Stanley, and Hempstead, for a discovery with respect to transactions in which he had employed them as his brokers to purchase wools.

Weaver put in an answer, by which he stated, that

He believed it to be true that the plaintiff doth carry on, and for several years hath carried on, in Coleman-street, in the city of London, the business of a Blackwell-hall factor, in his own name, and on his own account ; and that plaintiff, as a Black well-ball factor, hath been accustomed to deal extensively in buying and selling wool.

That by an act of parliament, made and passed in the 6th year of the reign of her late Majesty Queen Anne, intituled “An act for repealing the act of the first year of King

CHANC. VOL. VI.

James the First, intituled • An act for the well garbling of spices,' and for granting an equivalent to the city of London, by admitting brokers," it was enacted, that, from and after the determination of the then session of parliament, all persons, who should act as brokers within the city of London, and the liberties thereof, should from time to time be admitted so to do by the Court of Mayor and Aldermen of the said city for the time being, under such restrictions and limitations for their honest and good behaviour, as that Court should think fit and reasonable, fc.

To the rest of the bill, he refused to give any answer, on the ground, that it would expose him to penalties for misconduct in his function of broker ; he being a sworn broker in the city of London.

Stanley and Hempstead put in a similar answer; stating that they had never been admitted as brokers, and that the discovery of such of the matters alleged in the bill as they had not answered, would subject them to penalties.

The defendants, in their respective an. swers, claimed the same benefit of the objection as if they had pleaded or demurred.

1 825.-A motion was made before the Lord Chancellor, to take the answers off the file as irregular.

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