The Statesman.
London, England, 1821-02-10 00:00:00

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LAW
COURT OF KING'S BgNCll.—Faa. 9.
THE KING V. THE WEST ISTODLESIX WATER COMPANY.
This was a proceeding arising out of the swerve
lately adopted by the various water companies parcel-
ing out the west end of the town into so many lots,
each taking to itself a particular district. The come-
quence of that arrangement among the companies had
been an increase of rates ; and those persons refusing
to pay the additional rate demanded, had been cut off
trona their supply of water altogether.
BROCOHAIN, in the course of last term, obtained
girl, a rule of mandamus ordering the West Middle-
sex Company to restore, in certain parts of the parish
of Mary-le-bone, the communications which they had
taken away ; and
Mr. ScaaLETT now showed cause against the rule.
In the first place, the learned counsel contended
the application must be considered as coming merely
from the two persons (Messrs. Weak ante Jenkins) by
whom affidavits had been made; and, upon an indivi-
dual application, he submitted the Court could not
grant a mandamus.
The affidavits were irregular, not only because of
their great length, but because they were filled with
comment rather than with fact ; the parties indeed
reasoned upon oath, Mr. Jenkins, however, although
he was upon his oath, stated that, by the conduct of
the company, he was left without water, and that he
was, in truth, in a situation to perish et itls thirst;
while iu a letter to the same company, dated not two
months before, he refused to pay the in:A-eased rate.
because he bad a pump in his yard by which he could
supply himself :It a less expense. The fact as regarded
Mr. Jenkins, was, that he had thought fit to make
unto himself in his garden, a pond, filling that pond
with water of the company; and thereby-coNtating a
greater quantity of clement than his atnonnt of pay-
ment entitled him to, her had been rated by his pur-
veyors according to his degree ; the statement of Mr.
Jenkins, that he had, for the proceeding in question,
the concurrence of nearly all the parish of Marylebone,
was !nitrite, because nine tenths of the parish were
satisfied with the coudnet of the company. The act
of Parliament, under which the water companies con.
cerned had been incorporated, made the whole arrange-
ment between the company and the individual matter
of simple contract. The service-pipes fruit thellonses
to the main were to he laid on at the expense of the
occupiers of houses, the consent of the company baying
first been obtained.
The Coca/. did not think that, after the pipes had
been laid on at the expense of the iediritlual, the
company could be warranted in withholding the sup-

'NCE.

ply.
Mr. SCARLETT tOoii the whole to be matter of
contract, and thought that either party migh-, at
pleasure, put an end to the contract. That the cc-
cupier of a house could do so was dear, because he
might refuse to pay his rate. lie knew, the learned
counsel continued, that the junction of the Water
companies was the graramed of the present pi4aceed-
ing. So far, however, from monopoly being the elect
of that junction, monopoly must inevitably have
lowed if that junction hail not taken place; for the
companies, running one against the other, meat
speedily hare been ruined. One only could have re-
amine(' : which, from its great fund, would probably
have been the New River Company ; although, during
the competition, the shares of the New River Com-
pane hail fallen from 13,0001. to 6,0001.
The COURT called the attention of Mr. Scarlett to
that part of the second act of parliament which
forbids the water companies to sell or transfer their
interests.
Mr. Sc.tRI.CTT maintained that the whole was mat-
ter of contract, and that breach of contract, sup-
posing it to be made out, afforded no ground for a
maadamas. If the company hail not the power of
withdrawing 'lieir supply, it would never be in their
power, whatever their increase of expenses, to enforce
au increased rate.
Time COCRT at length agreed, that the argument
should stand over, in order to enable Mr. Brougham,'
by fresh affidavits, to show that lie proceeded upon'
the part of the parish of Mary-le-bone at large.
Their lordships, in the meantime, expressed their
opinion that the power of enforcing an increased
rate was the only real question at issue; and thought
that that question must eventually be set at rest by
legislative measure.
Mr. SCARLITT hoped that if the Court should even-
titislly command the company to restore the communi-
cations, it would not withhold the company from
aiamiloning the concern altogether
It was understood that the argument cottld not come
on during the present ter.m.

ATTEMPTED RESCUh OF THE CONVICTS.

Yesterday Mr. Sheriff Williams, and Mr. Brown.
the tiovernor of Neweate, attended before Richard
(Untie, lisq. at the Public Other, How-street, for the
purpose of having depositiosts drawn up respecting
the atrocious attempt to resene the convicts on Black-
friar's-bridge last Monday night, in order that the
matter might be laid before the Secretary of State
for the Home department.
The deposition of Mr. Brown was precisely the same
in substance as the account of the circumstance given
in the Tue Sea !BOMAN of Thursday last ; with the
addition that for the 7 of 8 precedings nights the
doors of Newg_ ate were surrounded by a great crowd
of persOns almost the whole of each night, apparently
waiting in expectation of the reanovAl of these con-
victs—a.tact which made it probable that the attack,
and attempt to rescue, was premeditated.
Corporal Lawrence Fulham, of the 9th Lancers,
deposed, that he received orders to attend with a cur-
poiral's guard, (six melt) to escort the convicts He
was ordered to be at the foot of Blackfriar's-bridge,
on the Surrey side, exactly at nine o'clock ; and he,
was on the spot, with his men, at least teu minutes
before the time ; bat lading there a great crowd of
people, who asked wool questions, such as how nal
convictrwerr going off, what road would they tabq
they expected, &c. he thought it best
men :boat ; and this was the reason be
spot at the marmot the caravan reach-
however, saw the caravan coming over the
riding at a sharp trot, fame rap jitat as the
off the wheel. At that evammt he
stone strike the front wisely./ qt Ur.
Mr. Brown instantly ordered the