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. — John Shaqi
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
If any such circumstances had existed in an agreement between private
subjects, there is no question but that both the awards would have been
easily set aside; but with the crown for an antagonist, and the equity
side of the exchequer for the scene of action, a contest was indeed
desperate, in the face of the enmity of a leading agent of the powerful
party; so that after Mr. Elsee had presented a memorial to the
commissioners, who were _induced probably by some misrepresentations from
going into the merits of the case_; and after having disputed the
validity of the general award, on the trial of an information in the
nature of an action for debt, filed upon it by the Attorney General, the
result was what might be very naturally anticipated, from the conditions
of the agreement which he had been entrapped to sign. He was compelled
to pay the sum that had been awarded, and to bear the additional expence
of his useless endeavour to protect his own interests. At this period
the losses of Mr. Elsee amounted to _about three thousand pounds_, but he
was destined to be a still greater sufferer. We have before mentioned
that the Attorney General filed an exchequer process for certain dung,
claimed under the agreement, instead of the more simple, cheap, and
equitable mode of sending the matter for assessment to a sheriff’s jury.
Now, though Mr. Elsee had no business to have signed such a document, he
was of course bound by its conditions when he had done so, and was ready
to comply with them, and to carry back two loads of dung for every load
of hay, and one load of dung for every load of straw carried off.—The
dung was ready for the purpose; and he only waited _to know what was to
be brought_, _and to obtain credit for what he had carried_, _which he
never had been able to do_.
The exchequer process terminated in a reference to Mr. Bolland, whose
general reputation stands on high ground; but who appears in this
instance _to have wanted that degree of practical knowledge_, _which was
requisite to enable a referee to appreciate the value of the testimony
given on both sides of the question_; and it is difficult to guess at the
principles that governed the decision, except on the supposition _that
Mr. Bolland is a better lawyer than he is a farmer_.
Mr. Elsee attended to prove that he had carried _a large quantity of
dung_, which he estimated, and proved by his witnesses, left 130 ton to
his credit, _after deducting the quantity in return for the wheat straw_.
He then shewed by his _books_, in which the accounts of every day had
been regularly entered, in a way that set all contradiction and suspicion
at defiance, and by the production of the market tickets, that the gross
amount of all the hay carried from the farm, amounted to 119 loads; and
that the account stood as follows:—
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