Star.
London, England, 1803-01-31 00:00:00

LA!!' IN7ELLIGENCE.

COURT OF KING's BENCH, JAN. 29.
POWDER 141.1.1.30—THE KING T. mitt.
An application had been made to the Court of
Q2arter Stillons in Surry, by an individual, for a
licence to ere& tome powder mills, when the Juf-
tices in &Mons, after hearing all the parties, re-
futed that licence. In contequence of that refufal
the party, agreeably to 12 Geo. 111. c. Gt, f. 14,
had the proceedings before the Julliccs removed
into the Court of King's Bench, by way of appeal.
Mr. MaRRYAT, who was for the Refpondents,
oblerved, that this perfon withed to creel there
mills on a place within 20 yards of a public road;
that one of thefe mills had flood near that place
before, but was difcontinucd becaufe it blew up,
and killed feveral of his Majetly's fubjeets. It was
fuppofed, at an arrage, that thefe mills blew up
twice a year ; :Arlo what was regarded as a very
fingular circumilance, one of them had flood for
two years. He fubmitted to the Court, that on
eonfidering the whole of the proceedings that had
taken place at the Court of Qnatter Set Eons, they
would think the Magiftrates had exercifed a very
'bland difcretion, in refufing this licence, without
-vhich no mill of this defcription could be erefted.
Lord ELLENIGIOUGH Paid, he thought they had
en:Tired a very found difcretion and bad (hewn
a proper regard to the fafety of his Majefty's fub
}efts. A thoufand places more convenient than
Each a fituation of only twenty yards from a pub-
lic road, might be found,where this bufinefs could
be carried on.
_ _ _

Mr. lattice Guns nbferved, that the Juflices
in Seffions were generally more able to decide on
a quellion of this fort, than that Court was; they
fee the witneffes who are examined ; they know
what credit to give to them ; and he obferved
the names of fome of the Magiftrates who lived
Ibiar enough the fpot to know tt, though not to
be prejudiced. He thought the Magiarates had
tailed with the ma perfeet propriety in refuting
this licence.

Mr. Juftice LAWRENCE. Paid, he thought there
was one faR in there proceedings, atilt itrongly
!hewed this licence was properly wi by the
Court below. It was hated, that it was meant to
snake this ereelion only twenty yards from a pub
lic road, though it had been remembered that the
ere& of explofions had been felt at the diliance of
aoo yards.
Mr. Juilice Ls Btanc obferved, that there was
no doubt that that Court, by its order, might fet
aide the proceedings of the Jullices, and dire&
them to grant a licence, but they would never
team with them where they had gled with found
difcret ion.

Mr. Serjeant BEST, who was for the Appellant,
bin who did not profs this bands, obferred, that
a powder mill had flood there before, though it
had been chi-continued.

LoraELt.!NßozouoN thought that the ftrongeft
argument in the world of the impropriety of that
fituation fur fuch a mill : but if the Learned Ser.
jeant had any thing to offer on the part of his
Client, the Court were ready to hear him. It had
been faid there mills, at an average, blew up twice
a year. It might alto be calculated how many of
his Majefly's ilthjals, at an average, were thereby
-killed every year.
Mr. Set:rant BEST hoped the Rule wou:d be
difcharged without colls.
Lord- ELLENSOROL/Gil thought, in fnch a cafe,
where an individual came into that Court on fuch
flight materials, to call in queflion the diferetion of
a Court of Quarter &Mom, where they had exer-
cited to found a difcretion, he might to pay the

Mr. Juice Ganse obferved, that a great majo-
rity of the Court were againit the granting of die
licence. There were twenty-two Magititates to
two.—Rule difcharged with colts.