The Sun.
London, England, 1803-01-24 00:00:00

L 4IV REPORT.

COURT OF KINCIs BENCH, J 4 . 22.
sITTIN4a Tlit.tinttE LOAD ELLENSORO”GIi AND A IttCIAL

tilt: MARQuIs or HARTFORD v. 'FHB BART., OF

BRISTOL.

Tuts. was an Issue directed by the Court of
Chancery, for the putpose of ascertaidiog,' by the
Verities of :a Jury; whether it is necessary, for the
preservation and' proteBion of Sudburn, Orford anti
Raydon Marshes, that the present existing cents
tides by sea-walls, river.walls, and other fences
and securities against water, erdled on Lanthern
Marsh, and the King's Marsh, should be supported
and kept up; and also, whether the securities
against the encroachment of
,water ereeted between
',anthem Marsh and the King's. Marsh were mu.
wally useful to each other ?
The suhstanee of the Case is this, the, Noble
Parties to this Issue; have estates in these Marshes.
Those of die Lanthern rind the King's Marshes be.
long to the Noble Marquis, and those of Sudburn,
OrfOrd,, and Raydon, to the Noble Earl.--The
former are immediately open to the sea, and pro.
teefed from its oveflowing by a beach, and such
additional works of piles, lime, &c. as are necessary
to preserve the mound or embankment entire, and
which requires much attention, and is attend,ed
with much expellee tO preserve it in repair, the sea
oceasiOnally breaking through. -Sudburn, Orford,
and Raydon, are behind and contiguous to the
former, The substance of the question between the
.Parties is, whether it be just that the ,Owner of
Sudbure, Orford, and Raydon, should he included
in the survey of the Commissioners of SeWers, so
ai•ro be, made, in, any degree, contributory ,to the
expence c,f pre.serving these fences against the sea,
and also of the river Or ? It being c,ontentled on be-
half of the Plaintiff; that it was essential for the
preservation of Sudburn, Orford, and RAOOII, see.
that these fences in the Lanthern and the King's
Marshes, should be kept up; because, if they were
not, those Marshes would become: sea-marshes, the
consequence of which would bP, that the Mouth,
of the River Or would be filled up, the drainage
would be destroyed, and afterwards. the whole
level of Suciburn, &c, would be inundated, and that
therefore it was. just, that Sudburn, &c, should be
made to contrioute somewhat to the expence: of
keeping up such fences ; and under that idea,*at
the instance of the Plaintiff, a Commission was
issued by the fiat of die Lotto cn.A*crp„oa.and
the t wo r Jtra"rtaes,directed to Commfitionets
of Sewers,. and including the Marshes of Sudburn,
&e. On the putt of the Defendant, it was can.:
tended, that Sudburn Marsh was so situated, that
it could continue in pried security by its own
natural fence, even though the adjoining Lanthern,
and the King's Marshes, should be,, cornpletely
inundated, and that, therefore, Sudburn ought not
to be included in that Commisson, not' being at ail
subject to contribute to the maintenance, of the
fences of the Lanthern and the King's Marshes ;
and upon this idea, application was nude, on be.
half of the Defendant, to have this Commission
Superseded.
The Case thus came on before the Lotto Crux_
ELOM, upon Affidavits, and after hearing, his
Lordship had direCted the above Issues to Ise
tried by a Jury,' for the purpose of ascertain.
ing the lad, whether the safety of one of the
Estates has any depeedance on the safety of the
qgler and then the Case to return again to the.
Court of Chancery, The Learned Judge, before
whom these Issues should be tried, was to 'be at
liberty to indorse upon the Fasten ,Such special
matter as, should appear to him to be fir, Bte.

Mr. ERSK NE, on the part of the Plaintiff, opened
ties 'ease with his usual ability, and,areated the sub.
led as it regarded the preservatton of'otta. coast,
46 a matter of great national importance, for that if
this were negioted, even the safety of the island
itself might be affected by the inroads of the Ocean.
This, he observed, had been the subjed of the care
and attet,tion of out ancestors, in very remote
periods, so long ago as the time of Henry VI. He
observed, that at one time the town of Winchelsea
was so large as to contain no less than thiray.six
pa6sh,churehes, all which had been overflowed by
the ocean, so that now there was• only at
IoW water, part of the scite of. that. ancient place at
the foot Of the hill, on the top of whiCh Olean°.
(tern town of that name was built, and now stands.
This he Mentioned to chew the 'national importance
of the, matter now before the Court. Having
'satiated upon these topics, as well as on the nature
of the flux and reflux alleles, governed by the
attraCtion of the Moen 'andahe uneven surface of the
earth, as general causes,: be proteeded to obseive '
on the chances of spring tides, high winds, and the
position of ninuntains and tallies co-operating at
once to produce it sudden inundation, 'such Vs took
place in February 1791, when the , whole level of
these marshes was covered with water at once. To
gamakapiost such danger was a patriotic duty ; and
this adion was only a branch of that duty, by
chiding in the commission a distrid, that ought to.
bear ft park of the expellee of it.
Several Witnesses, inhabitants of' the' marshes in
,
question, r
gave 10, account nt tne inundation in the
monthsof February 1791, and from their experience
said, they had no doubt it was 'essential to the pre-
art vation Of the Lambert) and 'the King's Marahes
that an artificial defence should be kept up on the
beach between them and the aea ; and that if those
Marithes wcre inundated, these of Sudburp, Orford,
ataydoo, &e, would be in danger of. being 'covered
MOO, and that the fences of the Leathern and the
King's Marshes were mutually usettal to each other;
which completely substantiated the affirmati*c of
the issue, and made out the Plaintiff's case.
That on the part of the Defendant was condueted
ably by Mr, GA R ROW) Mr. Glass, and Mr. MARY.
They called several respedable Witne,ses to,
prove that they had,. examined the state of the
Marshes in (potion,' atal that !they did not believe,
the &knee of the 4a:ober:l:and the King's Marshes
seas at all essential to those of Sudburn, Or-
ford and RaydOn ; but, these Gentlemen had 'never
resnled at either, _having only seen them °nee or