Statement of Facts, on the Injurious Treatment of J. Elsee, Esq.: Late Tenant of a Considerable Portion of Havering Park Farm, in the Forest of Hainault, in Certain Transactions with the Commissioners of Woods and Forests, and Their Agents; To Which Are Added Notes in Illustration of the Gross Abuses of the Forest Laws.Elsee, John
History
Statement of Facts, on the Injurious Treatment of J. Elsee, Esq.: Late Tenant of a Considerable Portion of Havering Park Farm, in the Forest of Hainault, in Certain Transactions with the Commissioners of Woods and Forests, and Their Agents; To Which Are Added Notes in Illustration of the Gross Abuses of the Forest Laws.
Elsee, John
Elsee, John -- Trials, litigation, etc.; Land tenure -- Great Britain
aforesaid, from the 15th day of February last past, by the said John
Elsee, his executors, administrators, or assigns, without claiming,
or requiring any compensation for the same.
I, the said Edward Mee, having had due regard to, and having made
just allowance for any permanent benefit, which may have been done by
him to the estate, by laying down any of the arable land, and
converting the same into meadow or grass land. AND I do further
award, and determine that the said John Elsee, his executors, or
administrators, do at the same time and place aforesaid, pay, or
cause to be paid unto the said William Huskisson, William Dacre
Adams, and Henry Dawkins, or the commissioners for the time being of
his said Majesty’s woods, forests, and land revenues, the sum of
177_l._ 14_s._ of like lawful money, as the said John Elsee’s
proportion, or moiety, of all and singular the costs of the
ejectment, and of preparing the within mentioned agreement, expences,
costs, charges, and expences, as well of the said Edward Driver, and
Robert Peake, as of me, the said Edward Mee,
In witness whereof, I the said Edward Mee have hereunto set my hand,
this 30th day of October, 1819.
Signed, EDWARD MEE.
Witness, THOMAS BRACE, Surrey-street, Strand.
THOMAS SELBY, jun. same place.
Such an award as this, when Mr. Elsee _expected to receive_, _rather than
to pay_, it will be allowed was enough to startle any man; and we do not
doubt of convincing every unprejudiced reader, that more atrocious
injustice was never perpetrated under the form of legal proceedings.
In the first place, the umpire says, “_he has __duly weighed and
considered the matters in difference_.” To this the short answer is,
that _he did not_; and for as short a reason, viz. that _he could not
have duly considered the matter_, _without an examination of witnesses_,
_and an enquiry into facts_, _which were never made_, _either by the
arbitrators_, _or by himself_. It does not appear, that the umpire ever
made any proper survey, nor that he ever in any mode acquainted Mr. Elsee
with any part of his proceedings; and yet he asserts that he had _duly
considered everything_! He cannot even pretend that he gathered his
information from the arbitrators, which he had no business to take, if
they had been ever so well qualified to give; _but the arbitrators had
been equally regardless of their duty_; they had done nothing themselves,
but left every thing in confusion, and could only tell Mr. Mee that
_there was a difference between them in the slovenly estimate they had
made_. This difference it was the duty of the umpire to have settled by
a proper enquiry, _which the umpire did not make_, and therefore he did
not _duly_ consider the case.
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