The British Press; or, Morning Literary Advertiser.
London, England, 1819-07-29 00:00:00

LAW INTELLIGENCE.

COURT OP CHANCERY, Lsoreue&lis,

W WSissD AY. J &Mr 1111.

CONTEMPT OF COURT.
Tait NON. I(EWToN rELLowas O. Tat ZARL or
POILTIMOVTH and Jogs tumsdx.

Mr. Hatt stated, this was the motion of the
Plaintiff, that the Defendants aliettld be commit.
ted to the custody of the warden of the Fleet Pri.
son, fur a breach of an inktnction granted by his
Lordship, to restrain them from cuttiug down the
marked trees, and the ornamental trees, and also
front pulling down the btrildings attached to the
mausion.house in the pleadings mentioned, and
also from destroying the fixtures of the latter. It
was nut his intention to go into the history of the
circumstances of the case, u it was not denied. on
the part of the Defendants, that they had felled
the trees in the face of his Lordship'. order. He
moved this on the affidavit of the Plaintiff, which
set forth, his having heard that several of the or-
namental trees had been rut down since the in-
junction had been granted. he. as the trustee and
she heir at law of the estates, now in the possession
of the Noble Defendant, went into the park and
gardens, and found several ornamental trees cut
down. particularly li. far trees, and an ornamental
oak tree, all of which were in sight of the mon•
lion, the stools and stumps of which were visible,
although they were attempted to be secreted, by
being covered over with earth and grass—and that
he was informed by a labourer on the spot, that he
had cut theirs down, sod that they were marked
for that purpose by Mark Swain, the bailiff of the
Noble Defendant, who did it by the direction of
the defendant Hanson ; that it was out of the
Plaintiff's power to get an affidavit of the labourer
to this effect—fur if he was obliged to make it.
he would have been discharged from the employ
of the Noble Defendant ; and it was useless to
apply to Mark Swain for information, as he was
so much under the influence of the Defendants.—

The Learned Counsel then contended. that the
breach of the Injunction could not have been an
incidental slip on the part of 'the Defendants, but
it must have been done in avowed contempt of the
order of the Court. It was not necessary for him
to tell his Lordship that the cutting down of one
tree was as much a contempt of the Court as if they
had freed the park of all the timber it contained.
The affidavits an the other side did not deny but
the trees were cut in contempt of the injunction of
the Court, but they attempted to make • kind of
apology for their contempt ; one of the excuses
was, that • lodge had been recently e►ected for the
gamekeeper of the Noble Defendant, and that it
was necessary to fell certain trees, which prevented
the gamekeeper's view of the country from the
lodge; and another apology was, that there was a
timber-yard and a saw-pit, which it was necessary
to have removed nearer the niansion-house. which

could not be done without cutting down the orna-
mental trees. Au injunction of that Court was of
no value if such an apology was admitted for its
being evaded. He was cousinced that his Lordship
would shew the Defendants that the orders of that
Court were not to be trifled with, by granting the
motion.
Mr. WITHSIMLL and Mr. BELL followed on
the same side.
The ATTORM EY-GENERAL, Counsel for the De-
fendants, stated, that his Learned Friend, Mr.
Hart, was right when he said the injunction was
granted to restrain the Defendants from cutting
down ornamental timber; it never could be intend-
ed to extend further; fur the Noble Defendant was
tenant fur life of the estates, without impeachment
of waste. If the order of the Court was general
as to the cutting of timber, ornamental would not
have bees. use of in the injunction. His Lordship
would bear in his recollection. that the injunction
was granted in the year 1314. When he had
stated the affidavits on the part of his clients, he
was sure the Court would see there was no breach,
or no intended breach of the injunction. The
Noble Defendant positively swore, that he never
directed since the issuing of the injunction any
trees to be cut down in the park or pleasure
grouuds. except two small fir trees which were be-
tween the raw-pit and the garden wall, which so
far from bring ornamental was the reverse, us
they obstructed the growth of the fruit trees on the
other side of the wall. The defendant, Hanson,
most positively swore, that he never gave directions
for any trees to be felled. mid if they were rat
down, it was without his privity or knowlege. The
affidavit of Mr. Swain. the bailiff of the Noble De-
fendant, set forth, that repairs being necessary for
the mansion, he, of his own accord, cut down four-
teen fir tree., which were growing in a clump one
mile from the inalision-house, which the Plaintiff

marked some years back as fit to he cut for the re-
pairs, and charged the deponent, if ever he wanted
timber for repair, to cut the fir, and slot to cut the
oak or standard wood. He then set forth that the
chesnut tree was cut down in 1816, and it was so
rotten that it was only fit for firewood ; and he de.
stied that any stumps or stools were concealed by
grass or earth being cove-red over them, but that
he acted on the occasion complained of as he had
dune for the twenty-Mile years he had been in the
service of the Portsmouth family. The Learned
Counsel said this affidavit had keen confirmed by a
great many others, but as they went to the same
point, he would not trouble his Lordship with
them. He contended that this was sufficient evi-
dence that the ibjusiction had out heels violated,
■nd he was convinced his Lordship would see that
it was • most improper application on the part of
the Plaiutiffi
Mr. HLALD and Mr. Taw:Love followed on the
same side. The latter Lesroed Gentleman observ-
ed, that it had heels forgotten to he stated by his
friends on the other side, how it was in the power
of that Court to commit a Peer of the realm for •
contempt of an order of the Court. He believed
there was an order of Parliament, that they could
not he committed, but that • writ of sequestration
could be taken out against them. is; the case of
Ewer
bon

erhieh reason he had set looked for eases which
bore on the subject ; but he believed, is the case
of Lady Muccle,tield, she was committed for
breach of an injunction.
The Lotto CH•NCE1.1.0t....44 As to the question
of committing a Prer for • breach of ass order
of this Court, the present case dues not require me
to give an opinion ; but this I will say, that this
Court will nrske due obedience to be observed to
its orders, whatever the rank of the individual may
he who disobeys them. When the affidavits were
read, on which the motion is founded, I begun to
he at is lose to know how I could snake ass order at
sill, on account of the affidavit of the Pl4iistiff, that
hit hail received his information fruits a Lobourer.
who had not made ally affidavit, and the reason fur
his not doing so cannot he received as an excuse, as
it is necessary th.t it should be inside known that tl►is
Court can reach any evidence. and that it will do so.
I am of opinion that the Defeudauts cannot do now,
in the way of cutting down umber, what they could
before the injuoction was granted. If those fir
trees had been proved to be planted for ornament,
the Defendants were not authorised to cut them
down. Although a Court must keep up its au-
thority, it must not give way to a distempered mind
or taste. There is no doubt but some of the trees
cut down come under the ileum ttttt &lion of
orna-
mental, and if the injunction was properly granted,
the Defendants cannot cut trees planted tot facia-
menu ; a tree being decayed, or the scenery ins-
proved by its being cut down, will not give them
the right. I have no doubt but that the cutting
dams some of the trees by Swain was • breach of the
injunction. But will it not answer all the objects
of the case by letting him know that he must not do
so in future ? Therefore let the Defendants know
that from henceforth they cannot cut any trees, let
their denomination be what they may, if they acre
planted or left standing for ornament. I think
this will reach the justice of the case. Although I
have no doubt but.the injunction has been violated,
there is no evideuce before me that it was done wil-
fully."
A SINGULAR CASE.
SBASJINSON v. SCASJINSONI.

The circunsstances of this c■se we have already
reported. It will be recollected that it was the
motion of the brother of Ilse father (deceased) of a
female infant, that the Court would stop the al-
lowance of 3001. per annum, for her maintenance
and edugition, on the supposition that she was ■
spurious !Aid.
Mr. (lire was about to renew his motion on the
behalf of the Plaintiff.

Mr. Wittuatstn requested his Lordship would
allow it to stand over fur a week, for the purpose
of enabling the mother of the infant to make au
affidavit, which cosik not be done in Iris time, as
she was residing at Literpool.
The Loan CHANCELLOR observed, the subject
was one of a very delicate nature, and he wished to
have every information that could be obtained on
the subject, before he was called on to decide whe-
ther the young Lady was no longer to be consi-
dered a part of that family which sheens brought
up in. He was aware that that was a question to
be decided by a Jury ; but what he was asked for,
perhaps, would amount to the same thing, that of
depriving her of the pecuniary means for her sup.
port, which had been hitherto allowed to her by the
Court. He therefore war of opinion that a week
was not too long to allow for the affidavit of the
mother of the infant being filed.
Farther consideration postponed.

The Gaol Calendar at York does not present any
very heavy offences, though the criminals for trial
are numerous. The civil causes are as numerous
as usual, and, what may always be expected in
Yorkshire, some horse causes ; but the Yorkshire
Juries, as well as those in the South, perfectly un-
der's:lnd a hone-dealer.

The plentiful crops of grass this season, with the
large stock of hay in hand, should make the prices
low in proportion, and reduce the charges at all the
public inns for standing the night fur each horse.
Norwich Corn Market. on Saturday, was very
fully attended, and samples of Wheat wale plenti-
ful, at a decline of Is. per comb. Barley expe-
rienced a similar reduction iu price.—There was
less lean stock on the Hill than for some weeks past,
and prices are high ; nor were the Sheep pens so
well furnished as of late. Lambs from 20s. to 2.11.
• head.

The harvest is already commenced in the neigh..
bourhood of Truro. A field of wheat, belonging
to the Rev. Dr. RODD, of St. Just, has been cut ;
and Mr. RICHARD STEVENS. of Tregne Mills,
Cnintock. commences reaping barley this week.
At Swsffham Fair. yesterday seinnight, there was
a large whew of lambs, which fetched high prices:
there were also a large quantity of Devon..
The grand wrestling match at Redruth. which
closed on Saturday last. was very sharply contested,
and afforded considerable sport. The first prize, a
silver cup, was won by JAXB4 WARREN. of Red-
rath ; the second, a gold-laced hut, by JOHN STE.
ruzus, of Newlyn (East); the third, a silver. lactd
hat, by Fitaucts Janata, of Redruth; and the
fourth, a pair of gloves, by Tunica Stews% of
Cruwan.

Mond■y se'nnight • 6re broke ant at Carleton,
near New Buckenham, upon the premises its the
occupation of Mr. CHARLEs-DooD, which entirely
consumed the dwelling-house and the greatest part
of the furniture in it, supposed to have been set on
fire by some wickedly disposed person. Unfortu-
nately the premises were nut iosured. Two per-
sons have since been committed to the Castle on
suspicion of the crime.
Mr. M'LABOHLIN, a highly-respectable trades-
man of Pembroke, was on Wednesday morning
last found lying on the high-road, about five miles
from Trashy. whither he had gone on horseback.
Nati business, in a state of insensibility, having
his skull fractured in two places. His horse was
tied up to a bash in a hedge at some distance, cod
his pocket-book (supposed to have contained about
351.) was found completely emptied. in a path-way
veer the hedge. At right o'clock in the evening,
the unfortunate sufferer was still alive, but had