I, the said Edward Mee, having had due regard to, and having made just allowance for any permanent benefit, which may have been done by him to the estate, by laying down any of the arable land, and converting the same into meadow or grass land. AND I do further award, and determine that the said John Elsee, his executors, or administrators, do at the same time and place aforesaid, pay, or cause to be paid unto the said William Huskisson, William Dacre Adams, and Henry Dawkins, or the commissioners for the time being of his said Majesty’s woods, forests, and land revenues, the sum of 177_l._ 14_s._ of like lawful money, as the said John Elsee’s proportion, or moiety, of all and singular the costs of the ejectment, and of preparing the within mentioned agreement, expences, costs, charges, and expences, as well of the said Edward Driver, and Robert Peake, as of me, the said Edward Mee,
In witness whereof, I the said Edward Mee have hereunto set my hand, this 30th day of October, 1819.
Witness, THOMAS BRACE, Surrey-street, Strand.
Such an award as this, when Mr. Elsee _expected to receive_, _rather than to pay_, it will be allowed was enough to startle any man; and we do not doubt of convincing every unprejudiced reader, that more atrocious injustice was never perpetrated under the form of legal proceedings.
In the first place, the umpire says, “_he has __duly weighed and considered the matters in difference_.” To this the short answer is, that _he did not_; and for as short a reason, viz. that _he could not have duly considered the matter_, _without an examination of witnesses_, _and an enquiry into facts_, _which were never made_, _either by the arbitrators_, _or by himself_. It does not appear, that the umpire ever made any proper survey, nor that he ever in any mode acquainted Mr. Elsee with any part of his proceedings; and yet he asserts that he had _duly considered everything_! He cannot even pretend that he gathered his information from the arbitrators, which he had no business to take, if they had been ever so well qualified to give; _but the arbitrators had been equally regardless of their duty_; they had done nothing themselves, but left every thing in confusion, and could only tell Mr. Mee that _there was a difference between them in the slovenly estimate they had made_. This difference it was the duty of the umpire to have settled by a proper enquiry, _which the umpire did not make_, and therefore he did not _duly_ consider the case.