The Sun.
London, England, 1817-07-23 00:00:00

LAW IN FELLIGENCE.

COtltT OF COANC,EItY, JuLr 43.

(lit/liCti N

VOTHP.R9 V. THE OEAN ANT) CHAPTER OF WIN-

CRETE? H

An 1141111(.0(m having been obtained for re-
strainintf, no• tiffendants from cut tine down orna-
met) al timber on an t statr let by them to the!
plaittoti, it nooion was made by Mr. LEACH for
dissokiee thatil'Orirrnetion. it appeared that the
tiff anti his ancestors had fOr a lout; period
held Iry lease, from the Dealt andampterof
eh oester, cryland:,rtilerl lloper Park, Lower
Pat k Marmel Rows. stol Coppice. The
riel't.ot entrance and of coifing timber was te-
te' ved to the defendants, but there was ;a cove-
moo that in the Upper Park and Lower Park trees
should not he cut, except for •the repair of the
cathedral.or other hnildings connected with the
church. The rltintiff, for the purpose (if improv-
ing the proSpect on the erromds, had, at consider-
able expellee joinea Park Coppice, to the Lower
Park, and Made various alterations, which opened
is vie e to some line ash trees in the Park. These
trees the Dean anti Chapter bad ordered to he
Cot down; Mid to prevent the execution of that
order, the injunction had been obtained.
Sir Sstot)et. RostrooY, whoopposed the motion
for dissolving, the injunction, stated that the Dean
and Chapter had a perfect knowledge of the im-
pros.ements made by the plaivilf, if not in their
corOorate capacity at least individually, for the
-members of, the body had often visited Mr.
Nll:hers, and had expressed their admiration of the
alterations. Surprized therefore that the Chapter
had ordered their woodman to 'cut doWn some oft
the most ornamental trees in the Park, he wrote
a letter to ascertain officially their intention. All
doubt on , the subject was soon removed by the•
woodman routing and pointing out the trees Ile
trasowdered to cut. The plaintiff wrote again to
the Dean and Chapter, remonstrating against the
order given to the woodman : he reminded them
of ,the hospitality he had shown them when he
pointed out to them the beauty of the improve-
ments', and hoped they had not at that time the
design of cutting down the trees. He appealed
to their feelittgs as Gentlemen, whether they
would proceed ; and declared that if they did, he
would take' the opinion of the. Court of Chancery.
This produccd an answer, in.which the defendants
st ited, Or 0 they would save the trees in question,
if the plain iff purchased them as wood to be-cut
down.. Sir Smartie! Rotoilly, however,,contended
?ha+ trees were saved by the covenant of the
lease from being cot down for .any purpose ex-
rept for 8(.0;41 repaits of the cathedral. They
co,dd not he cot down for sale to defray the exr
pliers of repairs ; and it-oeas clear the, ash trees
iOr goy:riot) could not
.hr applied to the purpose
of rep:tiro:l any part of the cathedral. If any
eoller construction than this were given to. the
corer:raw in the lease, the tenant would have no
seenr;ty at all.
Lr4out said, the same covenant *respecting
the Cottiogortimber, «hick Was inserted in the
pi'esent lease. had existed in all former leases.
Jo' the year 1813, the plaintiff had removed hedges
and' iiiithe,, aod grubbed up unclerwood, in order
olosio, a view of the ash trees ; brit it could not
he contended that Path Coppice and the Park were
one and the same ; for when he applied for a TIM
lease he obtairted it io 181.4, in tire terms of the
former. . Besides, the grounds to which the cove-
nant in the lease applied, amounted to only 70
acres, whereas, wlien Coppice Park was incloded,
they amorroted to 9tl'aeres. But. he could see no
object for the injunction ; for it his-Lordship de-
cided according to the construction put upon the
Tease by the plaintiff, that the .13,:an and Chapter
must apply the tirtiberobey cut to actual repaits,
then they must so apply it ; but that decision
Woultl not prevent theirs from' cutting it clown.
It; bad been said that tire Dean and Chapter had
not acted with delicacy ; but, in his opinion, the
cotkilort of the plaintiff was far from proper.' He
ought not to Italic applied for a new lease without
infOrmiog the defesolants that be had added. Park
Coppice to the other part of the grounds. In the
case of two private gentlemen it Would have been.
very liberal had the one in the situation of the
Dean and Chapter said, " it is true you have
made a vet y film prospect here, hot I cannot give
you the se trees. I will sell you them." This was
what the Doan R11(1 Chapter had done. The plain-
tiff, howe‘er, was very much offended, because he
could not have the trees w it hoot purchase; but
it moo Id have been a siohitiott of duty in the Dean
and Chapter to nave given them away. Pt:ivate
individuals may tel on their feelings in such cases,.
•
bin public hod,es coultl not.
Tire Loan CHANCFLLOR said, if this were a
dues; between roan and nw, as to the degree.
of del ctscy which had been exercised by the pat'-
. ties,. he shauld beg to be excused from deciding
11C1.1 >a question would be coram min judice ;
btu the only one tor which he had to give au opi-
nion %vas our of legal right. It it happened that..
thy. Dean tool Chapter of Winchester were en-
titled to cot timber, and warned it for the pur-
pose of repairing the Cathedral, they were per-.
feetly justified in insisting that it should be so
at' tied, On the other hand, he HMS( confess,.
that wet e he the truant he shotdd be story to lose
the•eojoymeot which the beauty of the timber af-
forded. Ile .knew not how tar the interests of
Deans and Chapters cool(' be distinguished front
thisseot other ecclesiastics ; but if no distinction
cooJd-be tirade in their case from the cases of Bi-
shops, Rectors, or Vicars, then they had a right
to cut <tom) the wood for the purpose of repairs.
His Lordship then took a view of the law in this
resoeet, and shewed that it had been settled, that
it the case of Rectors alit' Yicars, no person. could
control the cutting Of timber or waste, except" the
proton. to like manner with regard to a-Bishop ;
the.ottly illterterence that could be exercised was
by the i;;tiorney-Genera' at the suit of the Crowu.
loltad'accordingly been declared by a forioer Lord
Ciniocellor,•that it was an inthilgenee if the Bishop
'.vas exempted from using the identical timber cut
dowo in repairs,. and allowed to sell it,,to make a
fond For repairing ; the same thine he thought
the discretion of an Attorney-General would be
very ill exercised, if be did not grant such indul-

genee 'At :povrer of saini.; bzing of greit
:4e iii the case of the Bishop of Durham cut-
ting dtiwn wood in Yorkshire, the sale of
for repairs, served to preserve the wood near the
CathearA. This was a questint4 however, into
Mach lee had not to enter. It was sntficient that
timber was stated to be wanted tier repa;rs. Nei-
ther should lee entangle_his decision with anv con-
sideration 'of the Ilitestiot; whether Park Coppice
formed a part of the other grounds or not; he saw
nothing ih that Which would authorise him to
maintain the iitjunction.—lnjunction dissolved.
QTR GREGORY PAGE TURNER 0. LADY PAGE

TURNER.
Sir SAMLIEL•RON,IILLY made or mod inn for the
appointment Of a receiver of the rents Of certain
estates, the lire-rent of 'which hird been bequeath,
eel to Lady Tutner by her late husband r 0 join-
ture. The estates were described to be in a very
ruinous state, and it has proposed to apply the
rents in the first place to repairs, and then to pay
over the, balance to Lady Turner. Ltidy Turner,.
in her answer to the bill which 'had been filed by
Sir G. P. Turner, stated, that several of the te-
nants had become insolvent, and admitted the re-
covery of various sums from them ; but set forth,
that nearly the whole of these sums had been
sWalloWed up by law expences, and that she had
laid out far More money in repairs than bad come
into her
,bands.
The Lo.ab CHANCELLOR said, there was no
stance of the Court appointing a receiver in a case
of Permissive waste.—Motion refused with costs.
Sir SAMUEL ROMILLY then applied'to his Lord-
ship to order that- the money which Lady Page
Turner admitted she had received, and not ap-
plied to the purpose ofrepairs, should be paid iuto
Court.
Mr. Mat observed, that none of the sums had
gone into Lady Turner's pocket, except very
small balances, against which rr ere to be set cif
the larger shuts she had paid for repairs. It was
not reas'onable that she should he requircd to pay
into Court sums, the whole of which bad ht en
exhausted hi the expellees of recovery. This
would be to 'impose on the tenant . for life the
whole butthen of repairs, for the sole interest of
the heir in remainder. When Lady Tiltor.r came

into possession of the estates the imildings were
ruinous ; but as soon as good tenants could be
procured, she was ready to pat them in a state of
repair.
The Loßn CHANCELLoR refused this motion,
without costs.