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
The farms, however, were let before the Christmas of 1818; and Mr. Elsee
requested Mr. Driver to inform the gentleman who had taken them, and had
entered upon that of Hall, that Mr. Elsee was desirous of letting him
have possession of the other, and to sell him any thing upon the
premises, whenever it would suit him. Mr. Driver promised to communicate
this offer to the new tenant, and then, for the first time, said, “_he
had not yet done with Miss Ladbrook’s executors_; _that he meant to make
them pay_, _double the rent that Mr. Elsee had paid them_, _for the time
he had held the_ _farm_, _since her lease expired_, _as she had never
__given the crown possession of that part of the land_.”
Mr. Elsee thought it impossible the Surveyor could be in earnest, in such
a monstrous and ridiculous proposition; and replied, “_surely_, _you
obtained possession_, _when you entered on Hall’s part_; _for at the time
you surveyed Hall’s part of the farm_, _and took possession of that_,
_you also went over and surveyed the part held by me_; _and you know very
well that possession has been offered to you again and again_. _You have
also given me directions to get boards painted and fixed up at different
parts_, of both farms, _to warn people from sporting and shooting_, _and
you have afterwards paid me for these things_, _while I have done every
thing in my power to accommodate you_, _by staying on the farm at your
own particular request_.”
This reply should have been conclusive, for if the crown were not in
possession, the fault rested only with its own Surveyor. No wish to hold
over was entertained either by the executors, or by the tenant at will;
nor was there, in fact, any holding over, for Mr. Driver had taken actual
possession, had directed the rent to be paid to the crown, and acted as
the possessor of the property on behalf of the crown. It was therefore a
paltry quibble, and a meanness of which any landlord should have been
ashamed, to have taken advantage of a mere informality, if it had
existed, which however does not appear to have been the case, _as the
land had only been held at all at the Surveyor’s own particular request_.
Public-domain text, read in full here on John Shaqi.
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