Star.
London, England, 1821-11-28 00:00:00

were not residiAg in the prison. It was important
that no rooms should be left without chums, because
a drunken cobbler or tinker, for Want of these rooms,
might be chuntaied with persons like Colonel Bailie.
Mr. Justice BEST said, there was no fear of that,
when such persons could pay. O. 9s. per week out
of their creditors' money.
Mr. COOPER then contended, that the Marshal was
bound to make inquiry respecting the disturbance
which happened between the two Colonels, by con-
fronting them, and not by separate examination, from
which no justice could arise. It was worse than the
mode of deciding what was related in Rabelais,
where the Judge, after hearing the arguments on
both sides. retired to his closet and threw dice! The
man who had the greatest number of spots was de•
dared to be right. Mr. Cooper then contended that
the non-residence of Mr. Jones placed the rights of
Englishmen in jeopardy. A Deputy might take it
in his head to discharge the important duty of com-
mitting persons to the county jail, and ignorantly or
wantonly do a great deal of mischief.. .
The LORD CHIEF JUSTICE said none could exer-'
cise that power but the Marshal, and Mr. Ctkpee
was Aviong in arguing that the power was dele-
gated. It never had been exercised by any other
than the Marshal.
Mr. COOPER still contended that the non-residence'
of the Marshal might be I.re !active of serious mis-
chief; and he observed, that Mr. Jones could not bet,
ignorant of the illegality-of non-residence in the pri-
son, because he has himself been instrumental in the
removal of a Mr. Bryant, on the ground of non-resi-
dence. If Colonel Bailie's conduct had been irre-
gular, which, however, he denied, the circumstance
could not justify Mr. Jones in permitting disturb-
ance and improper.practices in the prison. Colonel
Bailie would do his cotintry much service by bring-
ing these irregularities before the Court, which would
remedy the same as quickly as echo followed sound.
The Public expected the Court to do their duty.
Mr. Justice BEsT.—lt is not for us to regard what
the Public expect. We will do our duty. I never
will sit and hear the opinion of the Public held out
as a threat.
Mr. COOPER said, he had no intention to offend the
Court. He addressed them upon popular arguments.
Mr. Justice Blackstone had wisely said, that " next
to doing right it is important in the administration
of justice to give public satisfaction." The elegant
Junius also said, that" a strict and proper administra—
tion of justice was perhaps the best bond to secure the
affections of the People and engage them to the Go-
vernment." His object was only to urge legal argu-
ments, and not to threaten the Court.
Mr. Corrry followed on the same side.
The Come JUSTICE, after some consultation, said
the Court would make a Rule on the subject to-morrow.
THE KING V. THE WEST MIDDLESEXWATER COMPANY.
Mr. SCARLETT opposed a Rule obtained by Mr.
Littledale for a Mandamus, calling on the West Mid-
dlesex Water Company, to shew cause why they
should not supply water at the rates originally paid.
The Mandamus was applied for on behalf of the pa-
rishes of St. Pancras, Mary-la-Bonne, and Padding-
ton, on the ground of monopoly. Several meetings
were held by the inhabitants of other parishes, for
the purpose of rai,ing funds to support the proceed-
ings against the Company in Law and Equity. Mr.
Scarlett now contended that no return could be made
to such Mandamus. It was impossible the Company
Could rate all families alike, or continue upon the
original rates without absolute ruin, and a stoppage
of the supply of water the Public now enjoy.
Mr, Detoras, on the same side, read part of a Re-
port made by a Committee of the House of Com-
mons, sitting upon the subject, in which they state
the great difficulty in coming to a just conclusion,
without much acute investigation than they had been
able to make.
Mr. LITTLEDALE and Mr. BROUGHAM were heard
in support of the Rule.
The Court were of opinion the Rule could not be
made absolute. It would appear that they might
direct the Company to make reasonable rates for wa-
ter supplied, but they had no information with re•
spect to what would be reasonable rates. Parliament
seemed to be the only resource for an opposite re-
medy. If a maximum of price had been established,
this dispute might have been settled. Rule discharged.
IN THE MATTER OF SWAINEURY.
A person named Swainbury complained last Term
that a tipstaff had taken ten shillings and sixpence
for conveying him to prison, when the demand by the
regula ion in the 17th of George 1L was no more than
six shillings.
The Coin t, upon bearing the affidavit of the officer
this day, stating that he had acted upon the allowance
usually made by the Master, ordered him to pay the
costs of this application, and repay the surcharge.
They also made an order that 10s. 6d. cannot be le-
gally demanded in future cases.
COURT OF EXCHEQUER, NOVEMBER 27.
Mr. TAUNTON moved, on behalf of Mr. Parkins,
formerly Sheriff of London and Middlesex, for a Rule
to shew cause why the books of the Under-Sheriffs,
so far as they related to Mr. Parkins's Sbrievalty,
should not be open to his inspection, for the purpose
of inquiring into the appropriation of certain sums
alleged to be due to the Crown. The Learned
Counsel was proceeding to state the grounds of his
motion, when
The COURT interposed, and observed that they had
no jurisdiction, in consequence of the length of time
which bad elapsed since Mr. Parkins went out of
office.—Motion refused.
• ADMIRALTY COURT, NOVEMBER 27.
SHIP DUNDEE.
This was a question of damages, for the loss of the
Berwick smack Princess Charlotte, which was run
down by the Dundee, Greenlander, in the Swyn, or
entrance of the Thames, on the evening of the 9th of
March, 1820. The total loss of- the vessel and mer-
chandise on board was estimated at £BOOO.
The point at issue is, whether the damage arose
from the alleged negligence or unskilful management
of the one vessel or the other, it being charged against
the Dundee, that the Captain, pilot and crew, were in
a state of intoxication when the accident took place.
The witnesses, for the smack deposed, Oat when
they stepped on board the Dundee, having had time
merely to save themselves from going down with the
vessel, the Master of the latter exclaimed, " It was a
bad job, and was entirely their own fault :" and the
pilot, " I shall be a broken man." It was not shifting