The Statesman.
London, England, 1820-07-28 00:00:00

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LAIr bYTSI,4IOENCE.
•
COURT OP CHANCERY, Jett 47.

The Lord Chancellor came Into Court at eleven

L rtrwk.

JUPinIENT.

lit VI, IN MATTER Or NI" A BANKRI,IPT.-••-
'4
Se Lu►tn COANCELAOIt--" In this long-eontestid
h4t.itruptcy the assignees have acted perfectly proper
in presentiag the present petition to stay the bank-
raFt•a certificate. It is with reluctance, bat certainly
jo,:icial reluctance, that I say it is very doubtful
Nether the bankrupt is entitled to it, but after such a
Itnl th of time having elapsed since the issuing of the
l'uia►oi•sion, I think the bankrupt is entitled to the
be•netit of the doubt—l will therefore grant the certi-
ti. Ate, hut not in the usual terms with costs to be paid
the bAtiltrupt, but that the assignees shall have their
c.• : grunted.

WEALD C. 'jut WssT 1111DOLT:SIX WATRR WORKS
Cooe.tstv.—Mr. Hater, for the plaintiff, moved for an
Lajain.lion to restrain the defendants from severing
frxra he maip pipe of their water works, the leader or
particular pipe by which water was conveyed to his
tr.use. Ile stated that the plaintiff's name was only
made use of on this occasion as one of the inhabitants
of a large district in the western part of the metro-
polis ; the question really was between the inhabitants
of that district and the West Middlesex Water Works
I 'ompany ; they wished to try whether that Company
had in law the right of demanding rates to the amount
at which they were fixed at present; and until that
question was tried and determined, the plaintiff de-
sired the interposition of the Court to pretect him
front the incalculable injury he would sustain, if the
defendants should cut sef the pipe by which his pre-
mises were supplied with water, the plaintiff under-
*Akio' to pay hereafter such rates as the future de-
riaiass should determine. The Learned Counsel then
cited the first aet of Parliameut by which the Company
was Constituted, anal observed, that according to the
tertds osl that act, they had originally been bound to
supply water to the. inhabitants of the parishes there-
in mentioned, upon such terms as should be fiscal by
" isiataal agreement." In the second Act of Parlia-
new, the 51st Geo. 111., by which the Com-
pany were authorised to raise a sum of money,
and prohibited to dispose of any of their rights
and immunities, further provision was made for
the security of their inttrests; the words " mutual
azreentent" which were in the former Act, erre
omitted in this, anal fur them n ere substituted an att-
t:aarity, " to.lteke awl demand such rates as should
lapear reasonable." ('eon The word " reetionahle,"
then.the!whole question in dispute- depended. '1 he
ylatutilf at:lered such rates as to him appeared rea-
sxnable, but which dial •not appear in the same light
t., the defeattit'uts ; he was determined to contest their
ti..ht to tfi;tnOnal more; bat in the mean time the de-
: Adams. thetateoed to tut off the pipe by which he
$. as served. adds water and the prayer of his Bill
u. As. that Ihe..defeatlants should he restrained from
al .usg so, pending the proceedings for the trial of the
Tie•tion b,f,ra them.
Mr. Wi renasta. for the Company observed. that
Mr. Hart had stated nothing- to whew that the Court
hid jurisdiction ju this matter.
Ilvet- said, that it was clearly one of the
1..14 of the jurisdiction of this Court ; his view was
y to restrain the defendants from doing a great and
irrepateble injury. to: the plaintiff, pending the discus-
sion of their right to make such and such demauds.
The Loin COANCEI.I.• CI observed, that if it were
tie wish of the parties to proceed in an amicable roan-
.o. . , ,
tier. it might be aatutitted by the plaintiff that the
pipe had been cut oli, though the defendants
order to-avoid doing injury, might abstain in fact
trout severing the pipe. As to thA question, whether
C!:. rates now fixed were reasonable .or not, that was a
p riat which this Court had nut jurisdiction to deter--
I:Atte. •
Mr. Mawr said, that be dial not contend for that
p..irt. All he insisted upon was, that by the cell-
a::::etion of the Act of Parliament, the company were
r :t authorised to sever the pipes. under the circum-
s•an,ses of the present case, and that it was within the
j vise kti.rb of.this Court to restrain them from so
,' :nse until the principal question as to the reasonable-
u:Mat of.the rates was decided between the parties.
Mr. Wirritemeta. said. in the way of explanation,
ti:a: the rates demanded by tins Company, were at the
t: et. of the passing of the Act, deemed reasonable by
House of Commons.,
Mr. WiLson followed on the same side with Mr.
Peet end stated, that ashen the Company were exert=
themselves to satin gnish a rival company, the New
Meer in mpany, • they pat forth addresses to the pub-
-I.e, promising that they would supply water upon terms
much more moderate than their rival demanded. But
idle: they succeeded in their object, they increased the
yaw and pow, bi way of jutitication, told the public,
that they demaaded no higher rates than they had
Bald ten' years ago. With Tegard to the question,
that WAi, or *hat was not, k "a reasonable rate,"
there trete
.confficting. affidavits on both sides, giving
evideace upon that point. It appeared, he said,.that
in catenating whit was reasonable for them to de-
onmash the•amospeany took into their consideration the
}aro! tartan,: whit!' "theyitxpended in putting down
(hmli.rival, and in other matters, whirl, were not cert.
riveted with:the initqadiate purpose of supplying the
iehabitaists of ibeietdistrict with water. The inhabit-
ants were ready teepay a- rate proiioriionable to the
expenditure of ailpital, which was employed ,in the
*Mom of furnishing Ahem brit this indispensible
intik ; but Alterwere operilling to pay foe the
ra-
pehse► with *ltlch.thir lied no Immediate concern.
It,.being noVa.i.letaette to fuer o'clock, the Lord
Caaraesuarailtlired Mr. Wilson 10 resume his state-
Baal tO-11110.111V*.• . .
Hit 'Prir)shiP-Ilig totipmeed tai *he bar Lis deter-
.rtittrakimia. not to takettasy bisinees Oat et turn dur-
ing the Presoak 14040, except inch as Counsel knew
to be matters "of coarse: This be thought to be his
ditty to the partirsiaterestect in the suits 'which wine
already set down in his• paper,•espechally as it wooed
,sot be in his power 'to sit in Court titter the 12th
vet Au t. The few days that would intervene be-
twain tt peried and the com,meticetnent of the ar-
• do*: ifesethiels hi had tx. perfiarw La another place
Aerelt it lierialatelyiecessary to reserve entirely to
',littlish*: • • ° •
The last Seal attar Term will be un Saturday next.