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
{19} In the printed conditions for the letting of these farms, a very
extraordinary difference was observable between that in the possession of
Mr. Elsee, and the rest. This difference consisted in a stipulation
respecting a certain proportion of dung to be brought in return for the
hay and straw carried off the farm; a stipulation not extended to two
other farms, let at the same time, and to the same person; and this
stipulation had been made without consulting Mr. Elsee, although he was
then merely a tenant at will, holding the land to suit the convenience of
the crown, which had no claim on him for any thing beyond the rent; and
as he had paid for the dung on his entrance upon the farm, it was as much
his property as the hay and corn, and he had an undoubted right to take
away or sell all crops, dung, &c. up to the period of his leaving the
farm; nor could the crown have interfered in any way to prevent his
disposing as he pleased of his own property; but Mr. Driver, under
promise of some advantages and accommodations, which were never realized,
induced him to sign an agreement which left him at the mercy of Mr.
Driver, and the consequences were indeed disastrous to the interests of
Mr. Elsee.
{23} This seems extraordinary language for the lips of an agent of a
public board; and particularly after his letter, as given in page 18,
where he states that he was commissioned to receive offers for the
letting of the farms, which he after pretended to say had not been
surrendered. Whether this was merely a contrivance to get Mr. Elsee into
the dilemma in which he afterwards found himself so fatally involved, we
must leave our readers to determine for themselves.
{25} The condition proposed was that two load of rotten spit dung was to
be brought on to the farm for every load of hay carried off, and one load
of spit dung for every load of straw carried off the farm. With this
condition, as we have shewn, Mr. Elsee had no right to comply; but when
he had been deceived into the signature of the agreement, he became bound
for its performance, and was prepared to carry this condition into
effect. He was, however, prevented from doing this, as we shall shew
hereafter, by the extraordinary conduct of the arbitrators, and their
umpire, and was then compelled to pay more for the dung required under
this condition than the hay and straw sold for, in addition to the cost
of an exchequer process. This is being a tenant of crown land to some
purpose.
Public-domain text, read in full here on John Shaqi.
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