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[Page 8]
it shall be seen, that their conduct comes within that description which I have endeavoured to give of an abuse of discretion & wilful waste, and if it be determined to institute proceedings against them, I think that no time should be lost in getting an Information filed. But the Novelty of this case much induces me to wish that Sir Joseph Banks who has upon this occasion interfered so honourably to himself & who with other Gentlemen of the Country County of Lincoln would be the proprest a proper person to be a Relator in the Information, should first have the Sanction of other better advice than mine, tho' at the same time I cannot decline to say that in my judgment the Court of Chancery has a Jurisdiction on this Subject provided the Facts of the Case can be brought within the description doctrine of waste which I have attempted to explain.
Charles Witherill
Lincs [Lincolns] Inn
Nov 15 1808