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From: Sue Mackay <>
Subject: Settler Correspondence - Nind & Cotterell re William WAIT
Date: Wed, 30 Aug 2006 08:26:49 +0100 (BST)


Transcribed by Lynn McLeod from CO48/44 at the
National Arcives in Kew, London

930
Throgmorton Street
Dec’r. 24th, 1819
My Lord,
Having learned that a Sum of £655 or thereabouts has
been paid as a deposit by Mr William WAIT of Walnut
Tree House, Brentford who was about to sail for the
Cape of Good Hope on board the ship Zoroaster – we
most respectfully take the liberty of stating to your
Lordship that Mr WAIT was in partnership with Mr Peter
LAFOSSE in a concern in which Mr LAFOSSE had provided
almost the whole of the Capital and in respect of
which Mr WAIT is largely indebted to him and Mr WAIT’s
intention of quitting the Kingdom had been studiously
concealed from Mr LAFOSSE and he has recently
collected considerable sums from the Debtors of the
Partnership and retained them to himself and has
clandestinely removed his private Property.
Mr LAFOSSE has therefore filed a Bill in the Court of
Chancery against Mr WAIT to restrain him from leaving
the Kingdom and to Dissolve the Partnership and
receive the partnership Property and that Court has
granted a Writ of Ne Exeat Regno* against Mr WAIT
under which he is now in Custody of the Sheriff of
Kent and the Court has also this day granted an
Injunction to prevent him incurring any of the
Partnership Property.
We have good reason to believe that the sum of £655
deposited by Mr. WAIT or the greater part of it is the
Property of the Partnership improperly collected by Mr
WAIT and as it is now evidently impossible for Mr WAIT
to go to the Cape of Good Hope Mr LAFOSSE will seek in
due course to receive this money for payment of the
Debts of the concern to which it belongs and in the
mean time we respectfully request your Lordship will
prevent the money or any part of it from being paid to
or applied for the use of Mr WAIT or any other Person.
We shall take the liberty of lodging a Copy of the
Writ of Injunction with your Lordship as soon as it
can be passed through the offices.
We have the honor to be, My Lord,
Your Lordship’s most obed’t. hum’l. servt.
NIND & COTTERELL

[Note from GOULBURN across the bottom:
Let me know whether Mr THORNHILL’s party [has] yet
embarked or where ordered for embarkation.]

*Translation : Ne Exeat Regno : (let him not go out of
the Kingdom) A writ to restrain a person from leaving
the country, or the jurisdiction of the court. The
writ was originally applicable to purposes of state,
but is now an ordinary process of courts of equity,
resorted to for the purposes of obtaining bail, or
security to abide a decree.
1913 Webster


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