Jeremy Bentham

The Collected Works of Jeremy Bentham: The Correspondence of Jeremy Bentham, Vol. 6: January 1798 to December 1801

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Editor’s Note1613To George Wilson15 January 1801 (Aet 52)

Q.S.P. 15 Jany. 18002

Dear Wilson

What saith the Law? Has the Lessee of a Nursery Ground, in which old fruit trees are growing with young stock, a right to remove or pg 376cut down the old fruit trees as well as to remove the young stock, upon ire: previous to, and in contemplation of, the expiration of the Lease? The Lease is a fifty years Lease; the trees none of them to appearance older than the lease: few, if any, probably, so old. It was however let as a Nursery Ground. On that circumstance is it fair to ground an inference / is that ground strong enough to support an inference / that the trees planted during the lease are only and in replacement of satisfaction for trees existing before the lease, and dying or cut down or removed during the continuance of it?— On looking at the lease the appellation is—not Nursery Ground, but 'Garden Ground': which may perhaps be considered as altering the case.

The case is that of a Nursery Ground of 7 Acres (that you saw) parcel of the Salisbury Panopticon Estate. The Lease expires in March. The Tenant says that if not purchased of him he will either cut them down to sell for firewood, or remove them: though in the latter case he acknowledges that it is but a very small proportion that he should expect to see surviving the operation.

Your advice about obtaining attornment3 was not forgotten happily the attornment has come from all quarters of itself: from all but the man alluded to above in the shape of rent: and from him partly in the shape of rent, partly in other shape there being a per contra on his side.— You are my magnus Apollo.4 I am, by anticipation

Your obliged humble Servant—

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Editor’s Note
1613. 1 BL VII. 439. Copy. Docketed: '1801 Jan 15 / Panopt. Ld Salisbury / J.B. Q.S.P. / to / G. Wilson Line Inn / Orchard Trees removeable?' This letter concerns the nursery ground at Millbank leased to John Donne (see letter 1513).
Editor’s Note
2 A mistake for 1801.
Editor’s Note
3 Legal acknowledgement of the new landlord.
Editor’s Note
4 Virgil, Eclogues, iii. 104.
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