Star.
London, England, 1802-12-30 00:00:00

LAW INTELLIGE2vCE.

COURT OF RING'S BENCH, DEC.,.
Till GARDINER AND THE CITIZEN.

MA XTI RLD v. Ross.—Mr. GARROW obferved,
that this was an action brought by the Plaintiff, a
Gardener, to recover of the Defendant the fum of
11. the balance of 261. for fitting up his garden,
at the back of his houfe. The Defendant bad paid
61. into Court, and contended, that he had beat
overcharged the other 51. The Plaintiff, faid the
LearnedCounfel, was one of the moll eminent in
his antient and honourable profeffion; he had been,
for years, employed in keeping in order the de-
lightful garden, which conftittnedl the ornament of
Qt2een's-fquare, and it was no fmall proof of his
fuperior ability, that he had the cultivation and
improvement of tbofe fweet and pleafant gardens,
more freth than the Bower of Irem, the air of
which gave mildnefs to the Spring, and the feel
of wbofe herbs refrated the fpirits, and convey
perfume to the very foul ; in *on, he had been fe-
kded, by the Noble Lord who prefided in the
Court'oppo6te, (the Court of Chapcery), to deco-
rate the enamelled fpot in which his Lordflip un-
bent his mind, after the painful labours of bis pro-
feffional duty ; to fpesk in plainer language, he
was Gardener to Lord Eldon, and, confequently,
muft be fuppofed to be a man of charader, and
one who would not make an unjuil charge. The
Defendant was a Gentleman of fortune, refilling in
Red Lion-fquare ; Sand being defirous of uniting
in his town-honk the pleafures of a country one,
applied to the Plaintiff to afford him, by the exer-
cife of his art, all the advantages of a rut in ark.
He was one of thole London Country Gentlemen
who willed to have--

Within their walls their ihady grots.andirovisp
Their livery gashes and their pas alcoves;
Is WM at whim eatsjoy the (ring
And hear the mob. birds fa eases floe;
The city air perfssed with Sylvia &
And rural walks costbin'd with crowded"

I'

Stich was the ambition of the Defendant, and the
Plaintiff had completely gratified it. He had con-
verted the limited (pace behind the Defendant's
bode, into themoil delightful garden iniaginable
—rote-huguse, je &mine, andfweet flowering Mira bs,
were planted along agreeable walks, and alleys
ffeen ; an d whatever could charm the feafes of the
Plaintiff, or make him imagine himfelf another Ri-
naldo, in the' Bowers of Arrni da, was profufely pro-
tided. Having completed his talk, he naturally
enough waited to be paid, but the Defendant,
though he had espr.lVed himfelf perfeCtly fatisfied
while the work was going forward, refufed to re-
munerate him, alledging, that his charge was
exorbitant.
The perfous who had furniihed the travel, the
mould, the fund, the trees, arc. were then called,
abd from them it appeared that the Plaintiff had'
Mired pahni iss rendering the Defendant's gar.'
den every thing the molt luxurious man could'
will, and that -he had chilled little more than
pritne-coll for the articles funiiihed. Full proof
was likewife given that the quantity of labour
charged had been performed.
• b/fr. £assbt obkrred, • that if the Plaintiff had
been empicried by the Noble Lord ever the way
as a coaveyancer,e dranghtfman, or. a fpecial
giloades. it might have railed • prefamption of
is :proficiency ; bat that exalted .tad excellent.
perfon dedicated too much of -his time to the i
portantdatigs of his high office tto ,be,much con-
'Want with tubjeCtis of this- trilling, kind. Fro
*hat had been laid of Mr. Rote's grbainis behind
Red Lion4piate, It would be tupp?fed that
comprehended a; imntenfe impervioui (ores;'
bibited hy.walvaa, and wild. boars. Tlike,sek
m enfions,.4,thii' garden • - 384:-
had heard

~

he c
- ?

P-#651
a Wet
he ha&
in t)W
that in-
t have been
_ added, that thirty
Airys were more than foilicient to have completed
thi4wbrk ; he could have performed it in eighteen.
Os ti crofs•ezarniaation, be admitted that thofe
who had viewed the e of the bnfinefs
Way Mess of it than one

ineurions of this garden, Were 38 fee.t.g iachcal
width, by it feat 3i inches 41 breadWairat I
hid heard is this mare had filled liini w Ow u
moil alarm.. To lay out a (peck like that 141.0
tba Defendant'ahoufe coil a& i Bs. 6d, and he, ti
wilier with his learned friendt/di. Pit kp, aad fon
mho's, had entereifinto a Contrait for coliiiettin
into
-it fkrubbery. clic whole of CiPcoln's nu Yield
a`fpacq 0., • as ihe bale aid e bit: ;ft 4411
Oratithilas",. • - ...tremblefflart ' ;le thou d' is ate
weds be ' ~' cußod of Vile bfasilial. TI
Leagued: ....t!:1 .16 .. - liiiilet,-.Of otter witi
and , •. s -'A" ; . • 4' ibinite amufemei
of the • . and • '". ; after which he calla
his gritseifeii ic oeler;to cut dont the Plaintiff
demand. 'll,3**tr:4-'z' s' 0r.% Ir:
'The priiterpiriirfbhi& ids *lir. Bowie, a Na
feryman in Portland road, who Rated, that he hi
eqieree• Vith Me tod the depth of mould in il
Defeathasers *den, and was of opinion, that i
Read of-60min loads, there could not hare be
1114* than twelve 'urea. He added, that thir