NIND & COTTERELL re William WAIT
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