Star.
London, England, 1810-06-25 00:00:00

OURT OF KING'S BENCH, JUNE 23.

CHESTER DI4TERRANCE3.

An officer in the Guards was brought up to receive
the judgment of the Court for imprisoning in the
guard-house for an hour, a constable, who hindered an
hackney chair from entering the Palace on a Court-
day ; but the parties consented to go before the Mas-
ter of the Crown Office, who will have power to or.
der the defendant to make compensation to the pro-
secutor in lieu of receiving punishment for this false
imprisonment.

The Court was occupied for a considerable time by
a motion of Mr. Serjeant BEST'S, for the reversal of a
verdict. The general circumstances of the case ap-
peared to be the following :
Mr. Jolliffe, the late Member for Petersfield, had
given a lease of a mill on his estate to one of his te-
nants. The mill-stream was apparently supplied by
a spring which flowed from one of the neighbouring
hills : but on the farther side of the hill there was a
quarry which Mr. Jolliffe had ceased to work from
its being overflowed, and the waters in which seemed
to have some communication with the spring of the
mill stream. Colonel Jolliffe, the son of the Mem-
ber, intending to open new quaides on his estate, and
wishing to disencumber himself of the water, which
would otherwise have drowned the works, ran. a
tunnel through the grounds to carry it off. This was
resisted by the miller, who apprehended the stoppage
of the stream ; and the present application was made
to sei line verdict which a Jury had on that oc.
casion given in his favour.
Mr. CARRON, and Mr. NOLA.YI on the opposite
side, contended that the communication between the
quarry water and the mill-stream was obvious from a
number of natural appearances. They admitted that
the spring and the quarry were 800 yards from each
other, and that the water from the quarry must pass
under or through 200 feet of a strong clay before it
gushed out at the foot of the hill, in the form of a
spring ; but submitted that notwithstanding all those
difficulties in the way of proving the communication,
the connexion was proveable.
Lord ELLENBOROUGII said, that the question was
almost novel, and certainly of a serious nature. It
was whether a tenant were equally entitled to the use
of the water, subterraneous and superficial ? How.
ever, he would, without going further, first recom-
mend that the parties shook' come to a compromise,
and that Colonel Jolliffe should buy the miller's right
to the stream in question.

Mr. TOPPING stated, that certain disturbances which
had taken place at Chester, on account of certain
election contests, had created a considerable ferment
in that city ; party spirit having ran very high, and
it was thought adviseable to apply to Court for a
rule to shew cause (which he now moved for) why
the causes which are depending upon this subject,
should not be tried before a Jury of the County of
Chester at large, instead of a Jury of the County of
the City of Chester. He did this for the sake of that
impartiality of decision which was essential in the ad-
ministration of justice.
The Court held that this applisation was founded
upon sound reasoning, and that it was not only essen-
tial that the administration of justice should be im-
partial, but also that it should not be suspected to be
otherwise.—Rule to shew cause granted.

CRIMINAL INFORMATION.-THE RING V. THE LIVER-
POOL THEATRE RIOTERS.

In the Criminal Information filed by the ATTOR-
NEY GENERAL against Eccles, for being concern-
ed in the riots at the theatre of Liverpool, for the pur-
pose of compelling. the Managers to admit at half-
price, no cause being shewn, on the motion of Mr.
PARK, the rule was made absolute.
On the motion of the ATTORNICY GexanAL, the
rule was also mode absolute in a similar case against
Michael Carter.

COURT OF COMMON PLEAS, JUNE ss.
WILKINS V. BRERETON.
This was an action brought by Mary Wilkins, who
had formerly been servant to the defendant, to reco-
ver from him a compensation in damages for a false
character given of the plaintiff, by the defendant's
wife, to a Lady who wished to hire the plaintiff as
ber cook-maid.
• The character charged to have been given, as stated
in the declaration, was, that the plaintiff had neither
been honest nor sober while in Mrs. Brereton's ser-
vice. The plaintiff proposed shewing that this cha-
racter was false, and that in consequence of it, she'
hid lost a situation where she was to have received
£2O a-year.
The Lady called to prove the character given did
not state it to have been in the terms of Any of the
counts specified in the declaration ; she also, in her
cross-examination, proved, that there was a mis-ns-
titer in the christian name of her husband. On these
gruands the plaintiff was aonsuited.

~..va-r‘z-■ I, II S.•
Before the Most Noble and Right I
Lords Commissioners of Appeals in P
Lydia Hoad, Stanwood master.—This Amet
with oil, from Gallipoli to Copenhagen, was cal
vateer Madona, and carried to Malta ; where
ratty Court condemned ship and cargo. Furtl
of the destination of the ship, and the property
Catlterina Elizabeth, Sjobeck master.—Thit
laden with wines and some dollars, from Tenet
w.:s selzeslby the Spy privateer, and sent to B
the Court restored them, and also Jive hundre
. vate property of the Captain, and condemned
Captors appealed.—Sentence affirmed.
Dente, Thompson master.—This American
coffee and sugar, was returning from Bassett
when captured by the Ethalion, and carried to T
as claimed.
Casco, Fernandes master.—This Spanish ship
hides, was seized whilst at anchor at Barreta,
braltar.—Condemnation affirmed.
OURT OF KING'S BENCH, JU
An officer in the Guards was brougi
the judgment of the Court for imp'
guard-house for an hour, a constable, w
hackney chair from entering the Pala
day ; but the parties consented to go b
ter of the Crown Office, who will haw
• der the defendant to make compensat
secutor in lieu of receiving punishmen
imprisonment.
MILL-STREAM.
The Court was occupied for a consic
a motion of Mr. Serjeant Bien's, for tl
verdict. The general circumstances 4
peared to be the following :
Mr. Jolliffe, the late Member for F
given a lease of a mill on his estate t(
mints. The mill-stream was apparent
a spring which flowed from one of du
• hills : but on the farther side of the h
•
quarry which Mr. Jolliffe had ceased
its being overflowed, and the waters in
to have some communication with th
mill stream. Colonel Jolliffe, the sot
ber, intending to open new quairies on
wishing to disencumber himself of th
would otherwise have drowned the
tunnel through the grounds to carry it
resisted by the miller, who apprehendel
of the stream ; and the present applia
to set line verdict which a Jury h
cavort given in his favour.
Mr. GARROw and Mr. NOLXY, of
side, contended that the communicatic
quarry water and the mill-stream was
number of natural appearances. The]
the spring and the quarry were 800 yi
other, and that the water from the quo
under or through 200 feet of a strong
gushed out at the foot of the hill, in
spring ; but submitted that notwithsta
difficulties in the way of proving the ci
the connexion was proveable.
Lord ELLENBoRoUGH said, that the
almost novel, and certainly of a seric
was whether a tenant were equally ent
of the water, subterraneous and super
ever, he would, without going further
mend that the parties shonld come to •
and that Colonel Jolliffe should buy tht
to the stream in question.
CHESTER DIBTURBANCE3.
Mr. TOPPING stated, that certain dist'
had taken place at Chester, on accot
election contests, had created a consid
in that city ; party spirit having ran
it was thoeght adviseable to apply
rule to shew cause (which he now ml
the causes which are depending upo
should not be tried before a Jury of
Chester at large, instead of a Jury of
the City of Chester. He did this for t
impartiality of decision which was esse
ministration of justice.
The Court held that this applisatioi
upon sound reasoning, and that it was
ALAI that the administration of justice
partial, but also that it should not be
otherwise.-.. Rule to shew cause grant
CRIMINAL INFORMATION•---THE KING
POOL THEATRE RIOTER.%
In the Criminal Information filed
NEY GENERAL against Eccles, for
ed in the riots at the theatre of Liverpt
pose of compelling. the Managers to
price, no cause being shewn, on the
PARK, the rule was made absolute.
On the motion of the ATTORNEY
rule was also mode absolute in a simi
" Michael Carter.
COURT OF COMMON PLEAS,
wiLKINs v. BREREToN
This was an action brought by Ma
bad formerly been servant to the de
ver from him a compensation in dap
character given of the plaintiff, b;
,• wife, to a Lady who wished to hip
her cook-maid.
• The character charged to have.bee
in the declaration, was, that the pla
been honest nor sober while in Mr
vice. The plaintiff proposed shewi
ratter was false, and that in copse
hid lost a situation where she was
4E20 a-year.
The Lady called to prove the ch
not state it to have been in the ter
counts specified in the declaration
cross-examination, proved, that thi
suer in the christian nacre of her hu
groundsthe plaiutifF was nonsuited