JB/117/158/002

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In suggesting to you the above explanations, I only mention to you
what I should expect, if the business of reporting an opinion upon the
reasonableness of the charge rested upon me. If you should decline to
give them, and the Surveyor General should Report them not to be
necessary, I should have no more to say. —

In the list of the plants you consider yourself intitled to remove I
observe Timber Trees and Hedges — To remove or cut down these, would,
in the case of ordinary Land be what the law called Waste, and as
such not only illegal but severely punishable. By the Statute of Gloucester
6 Edward 1 Chapter 5 a Tenant committing Waste forfeits treble
the amount of the damage; besides forfeiting the things wasted; by which
(it has been adjudged) is meant the place in which the Waste has been
committed. I hope therefore you will take care not to remove any thing
that is thus liable to doubt till the point of right has been settled: and
I must desire you to consider this as warning for that purpose. Willow
trees I observe are likewise claimed by you. The tops only are
claimed by others in your care. —

I do not pretend to have any acquaintance with the customs of
your trade. But as to old Fruit Trees, such as cannot be transplanted
with any change of their living, it seems to me extraordinary I must
confess if a Tenant should have a right not only to carry off what he
could profit by, but to destroy for destroying sake: as if a Tenant of an
Old Orchard (which your Ground is in a considerable degree) could
destroy or carry away the trees of it. —

A natural supposition is that, in the case of a Nursery Ground
held under Lease, the Lease should afford a solution to some at least of these
difficulties. If neither Lord Salisbury's Agent should be successful in his
inquiry after the Counterpart of the Dean under which you claim not you
in

Identifier: | JB/117/158/002"JB/" can not be assigned to a declared number type with value 117.
Date_1		Marginal Summary Numbering
Box	117	Main Headings	panopticon
Folio number	158	Info in main headings field	jb to donne letter 2
Image	002	Titles
Category	correspondence	Number of Pages	4
Recto/Verso	recto	Page Numbering	f1 / f2 / f3 / f4
Penner		Watermarks	1798 am
Marginals		Paper Producer	frances wright
Corrections		Paper Produced in Year	1798
Notes public	copy of letter 1513, vol. 6	ID Number	38775
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