1824.

CARD

0.

НОРЕ.

must have known that such a majority included, as against them, all the powers and privileges for the continuance of which the deed provides; and yet the interest which the plaintiffs had in the ship being superior to all other considerations, might naturally lead them to anticipate an honest and impartial application of all those powers and privileges. But the security thus afforded them would be greatly diminished by this deed, because, while it lessens the interest of the plaintiffs in the ship, it continues to them almost all their powers in the management of her, and may by a farther alienation of their own present interest, and of that which they have transferred to the defendant, if made under stipulations and conditions such as are contained in this deed, eventually vest the entire management of the ship, both at sea and in port, in persons possessing a very trifling interest in her. The deed therefore is calculated to take both from the charterers and the other part owners, that security to which they are entitled, and upon which it is evident they must have relied when they respectively assumed those characters. For these reasons we are of opinion that judgment ought to be entered for the defendant.

Judgment for the defendant.

END OF HILARY TERM.

AARON V. Chaundry (Practice-Costs)

Amory v. Meryweather (Stock-jobbing Act-Pleading)

41

86

Bishop v. Mackintosh (43 G. 3. c. 56. Construction of―Tonnage
of vessels, how estimated)

42

Butt v. Vine (Insolvent Act-Arrest after discharge under-Prac-

tice)

154

164

44

Card v. Hope (Contract of sale of shares in an East India ship,
void, if coupled with a covenant to appoint the commander
Collins v. Goodger (Affidavit to hold to bail-Practice)
Coulson v. Hammond (Bail—Bankrupt—Certificate-Practice) 160
Craswell v. Thompson (Writ of error-Practice)

153

45

145

83

v. Thomas (Ejectment-Stay of proceedings-Costs)

Doe v. Masters (Ejectment-Lease—Practice)

Ex parte Aldridge (Conviction-Excise)

Fox v. The Bishop of Chester (Quare impedit-Simony-Con-
tract for sale of next presentation, when void for)
Gainsford v. Carroll (Damages for breach of contract to deliver
goods-how estimated) -

-

Hawes v. Watson (Vendor and Vendee-Stoppage in transitu)
Heaford v. M'Knight (Security for costs-Insolvent-Practice)
Hulke v. Pickering (Old Warrant of Attorney-Practice)
Jee v. Thurlow (Baron and Feme-Separation deed, when valid―
Pleading)

93

161

22

81

11

Page.

Johnson v. Stanton (Costs-Judge's certificate under 22 and 23 Car. 2. c. 9.-Practice)

Kain v. Old (Registry Act, 34 G. 3. c. 68. construction of—Warranty-Executors)

King v. Williams (Wager of law-Pleading-Practice)

Lacy v. M'Neile (Statute of frauds-Partners-Evidence)
Lambert v. Buckmaster (Attorney's lien-Bankrupt-Costs)
Lewis v. Harris (Writ of Inquiry-Costs-Practice)
Memoranda

Moody v. King (Evidence of a bankrupt, when admissible on behalf of his solvent partner-Accommodation bill-49 G. 3. c. 121. s. 8. construction of) Opperman v. Smith (Trespass-Fraudulent removal-11 G. 2. c. 19. construction of-Landlord and tenant) Park v. Strockley (Competency of one convicted, of conspiracy to make affidavit to hold to bail)

Pearson v. Henson (Privilege of Attornies-Costs-Practice)
Pugh v. Emery (Sheriff-Buil-Practice)

Rex v. Bignold (Facts stated by a defendant's counsel and not proved, give a general reply)

30

33

144

v. Cooke (Plea in abatement, motion to quash-Practice). 114 v. Fowey, Mayor, &c. of, (Mandamus does not lie to elect members of an indefinite body)

v. Gravesend, Mayor, &c. of, (Mandamus does not lie to appoint a general deputy under a bye-law)

132

117

v. Mead (Dying declarations, when admissible in evidence) 120
v. Payne (Conviction under 50 G. 3. c. 48.-Costs)
v. Rawson (Taxation of Costs-Practice)

72

124

Skaife v. Howard (49 G. 3. c. 121. s. 10. construction of—Petition

·

37

ing creditor's debt-Evidence) Soames v. Lonergan (Charter party, construction of—Misdirection) 74 Thresher v. East London Water Works Company (Covenant to

repair-Fixtures-Pleading)

Vanderhaden v. Britten (Sheriff-Bail—Practice)

Woolley v. Whitby (Costs-Judge's certificate under 8 & 9 W. 3.

62

155

c. 11. s. 4.-Practice)

147

ARGUED AND DETERMINED

IN THE

COURT OF KING'S BENCH

IN

EASTER TERM,

IN THE FIFTH YEAR OF THE REIGN OF GEORGE IV.

MEMORANDA.

IN the course of the last vacation, The Right Honourable Sir Thomas Plumer, Knight, Master of the Rolls, died at his house in the Rolls Yard, Chancery Lane.

The Right Honourable Lord Gifford, Lord Chief Justice of the Common Pleas, was appointed Master of the Rolls, and took his seat at the Rolls on the first day of this Term.

Sir William Draper Best, Knight, one of the puisne Judges of this Court, was appointed Lord Chief Justice of the Common Pleas, and took his seat in that Court on the first day of this Term.

Joseph Littledale, Esq. of the Honourable Society of Gray's Inn, Barrister at Law, was appointed one of the puisne Judges of this Court, in the room of Sir W. D. Best, Knight and being called to the degree of a Serjeant at Law, gave rings with the motto, " Regi regnoque fidelis." On the first day of this Term he took his seat on the Bench.

1824.

1824.

William St. Julien Arabin, Esq. of the Honorable Society of Inner Temple, Barrister at Law, was called to the degree of a Serjeant at Law, and gave rings, with the motto, "Regi regnoque fidelis."

Thomas Wilde, Esq. of the Honorable Society of Inner Temple, Barrister at Law, was called to the degree of a Serjeant at Law, and gave rings, with the motto, " Regi regnoque fidelis."