The Statesman.
London, England, 1819-07-29 00:00:00

LAW LVrILLIGENCIS.

COURT OF CIIA•CIRY, JULY IS.

TN! DON. 2111T/TO5l FELLOW V. THB TAM. Or
vuITINOITTit 1881 !O■l RAWSON.

Mr. HART stead OW this Wag • motion for COM.
milting the Defendants for a breech of en injunction
greeted to restraia them from cutting down ceitein
trees, and also from pelting dow• the buildings be.
longing to the nieneion-hoese, and from destro)ing
any Worts in the latter. The Dofendant% had not
denied that they t. felled the trees, and therefore
It would prevent toe aeceseity of his going folly iota
the merits of the ease. The Plaintiff's affidavit stet-
ed, that some ornamental tree, had been felled since
the order for the iojeor-tien was granted, and that
he, es the frost., sr ..t the heir at lew of the estates
now occupied his the Defendant (Lord Portsmouth).
use thst this was ease, especially so fir as four.
t&n it trees 'soul a very fine oak, all of which were
in view of it., house. and the relics of which were
still risible, .I.r.tj'• ettempted to be concealed by
'earth and gime! Ile was oleo informed by a la•
hosier, thet he (ae lohourer) had cut them down,
and that then were loathed for the purpose by order
of the D.,fenda who had done •• by the
direction of the Defendant. The labourer could not
mike so affidavit of this, because by doing so he
would hive loot hie present employment. Even the
htil.if was so much ender the Whence of the Di.
(rodent!, that from him also information could not
tie ohlainrd. The hresch of the injunction, so far
rrom h, iog orcesioned by accident, must be attribute
ed solely to a contempt of Court. The very pulling
loon of nu. ere* was as mach a contempt of the
Court as If the whole had been demolished in the
park. On the other side it was attempted to make
an apology, by saying that s lodge had been recont•
ly erected for the gainn.l@opor of the Noble h.,rd,
end it was therefore necessary to fell certain trees
which essentially retarded the pme.kerper'a view of
the country from his lodge. It was also said, that
the removal of • saw-pit nester the mansiou-bonse
occasioned the cutting down of some timber. Bet if
Iseth apologies were admitted the authority of the
'Court was at an end, so far as related to ir;soce
tions ; and such, he hoped, would to the conduct
of his Lordship, as to show the Noble Defendant
that this Court would not be trifled with.
Messrs. WITIIIERALL and BILL followed on the
some side.

The ArroaatyCE.raaAL, for the Defendarde,ed.
&Umd that the other side were in far right in *kat
they had said, hat it could never he meant that the
lojenction was to mead furth►r than ornamental
timber, the Defendant (Lord Po►tsmouth) bring
only tenant fur life, and besides, he was so withnet
goy impeachment of waste. His Lordship would re.
collect that the lo•jenction wss granted in 1844, and
fh. Noble D•deudant swore positively that met he-
fore nor slice the Injenction hail head daemon,
tress in the park or pl •grounds, eacept two le
trees which were bPt 10•441 the SI 0/.llil end the as rdan-
wall, which so far from being ornamental, were fa-
tally the , as by their abolition they totally
obstructed the growth of the hoit.trees on the other
side of the well. The Defendant, Dawson, had mom
positively sworn that he never gave directions to any
nue to cut &en trees, and if they had been cat
down it was contrary to his knowledge. The bailiff
Made an dfi.levit, in which he dechred it was nerve.
Silty for the mansinn.►ouse to be repaired, and that
he acc:rdirey had cat down 14 trees for that per.