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English
(Copy) New Plymouth, October 22nd, 1846. Sir, I beg to acknowledge the receipt of your letter, dated the 20th instant, relative to the occupation by an European of land belonging to the Wesleyan Missionary Society. You are correct in stating that Mr. Commissioner Spain with the concurrence of the New Zealand Company's Agent, awarded the two sections marked on the map as ''Missionary Station, 100 acres. 0 r. 0 p.'' to the Wesleyan Missionary Society: Mr. George Clarke Junior, as protector of Aborigines, also approved of the arrangement and signed the map. The latest accounts I have received relative to the proceedings of Captain Fitzroy are inconclusive as to their validity: the Secretary of State for the Colonies had not given any decided instructions on that point to Governor Grey. To your first question, therefore, I can only reply, that your title to the land in dispute being derived through the New Zealand Company is in the same state as the Company's - not yet a full and absolute one, but good against all claimants - I should say good to hold but not to sell. Secondly - Even if Captain Fitzroy's arrangement is confirmed, and the native who claims the land is declared the owner of it, he has no right to dispose of it, in any way to other than the New Zealand Company; whose exclusive right of preemption is not to be evaded by a lease, which might be for 99 years and equivalent to a sale. Thirdly - I would advise you to serve a notice on the European, warning him of the illegality of his lease, and of your intention as soon as the question of title is finally decided, to proceed against him for the recovery of the land, the crops upon it, and compensation for any waste or damage he may commit upon the property. I have the honor to be, Sir, Your obedient Serv., F.T. Wicksteed N.Z. Co's Res. Agent for New Plymouth.
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Permanent link to this item

https://paperspast.natlib.govt.nz/manuscripts/MCLEAN-1003305.2.1

Bibliographic details

4 pages written 22 Oct 1846 by an unknown author in New Plymouth District, Papers relating to land - Land claims and purchases of the New Zealand Company at Taranaki, Wanganui and in the Wairarapa

Additional information
Key Value
Document date 22 October 1846
Document MCLEAN-1003305
Document title 4 pages written 22 Oct 1846 by an unknown author in New Plymouth District
Document type MANUSCRIPT
Attribution ATL
Author Unknown
Collection McLean Papers
Date 1846-10-22
Decade 1840s
Destination Unknown
Englishorigin ATL
Entityid 14
Format Full Text
Generictitle 4 pages written 22 Oct 1846 by an unknown author in New Plymouth District
Iwihapu Unknown
Language English
Name Unknown
Origin 35923/New Plymouth District
Place 35923/New Plymouth District
Recipient Unknown
Section Manuscripts
Series Series 7 Official papers
Sortorder 0219-0051
Subarea Manuscripts and Archives Collection
Tapuhigroupref MS-Group-1551
Tapuhiitemcount 34
Tapuhiitemcount 2 3737
Tapuhiitemcount 3 30238
Tapuhiitemdescription No Item Description
Tapuhiitemgenre 3 230058/Personal records Reports
Tapuhiitemname 3 4809/McLean, Donald (Sir), 1820-1877
Tapuhiitemplace 66394/Taranaki Region
Tapuhiitemref MS-Papers-0032-0137
Tapuhiitemref 2 Series 7 Official papers
Tapuhiitemref 3 MS-Group-1551
Tapuhiitemsubjects 3 1446/New Zealand Wars, 1860-1872
Tapuhiitemtitle Papers relating to land - Land claims and purchases of the New Zealand Company at Taranaki, Wanganui and in the Wairarapa
Tapuhiitemtitle 2 Series 7 Official papers
Tapuhiitemtitle 3 McLean Papers
Tapuhireelref MS-COPY-MICRO-0535-035
Teiref ms-1308-282
Year 1846

4 pages written 22 Oct 1846 by an unknown author in New Plymouth District Papers relating to land - Land claims and purchases of the New Zealand Company at Taranaki, Wanganui and in the Wairarapa

4 pages written 22 Oct 1846 by an unknown author in New Plymouth District Papers relating to land - Land claims and purchases of the New Zealand Company at Taranaki, Wanganui and in the Wairarapa