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English
Private letter from W. Halse dated 30th. May 1848. Taranaki 30th. May 1848 My dear Sir, I think it is as well, not knowing when you may return, to avail myself of the first Post, to name to you a subject of great importance, on which the Resident Magistrate and the Police are at variance. It appears that two judgments were obtained against the goods of Messrs. Gillingham and White, at the suit of Smith and Bassett, - why S. Gillingham, the remaining partner, was not included in the proceedings, I do not know. The Writs of execution were directed to the Sergeant of Police, who levied; and after sale of the goods by Auction, the proceeds were tendered "to the Clerk of the Court", as directed by the Writs. But Captain King and Mr. Standish being in a dilemma, or fancying so, the latter would merely receive the actual debt and costs, in each action. I told my brother to pay the balance to the party entitled. Captain King endeavoured to arrive at my opinion, through my brother, but I refused to advise Captain King, on two grounds. 1st.,- that he would not follow it, if Mr. Standish's were adverse; and 2nd., - I disapproved of the manner in which he sought to ascertain it. When I afterwards heard that Captain King and Mr. Standish had gone so far as to tell my brother that their control ceased with the issuing of the Writs, and the subsequent proceedings were at the sole risk of the Police. I waived my objection, and wrote to Captain King, telling him I only expressed an opinion at his request, conveyed to me through my brother; which, in effect, was that the Resident Magistrate or Magistrates, issuing the Writs, were responsible for everything done by virtue of them; and that the Police were mere agents, subject to his instructions. It was useless, as I anticipated. On the following (this morning) Captain King wrote to my brother, repeating the novel doctrine that the business was no longer in his hands. It, however, contained an opinion that S. Gillingham was the Agent of his brother; and upon that, I recommended payment of the balance to him. You will see the necessity of taking some steps in this matter, for your guidance for the future. I recommend you, on your return, to write to the Attorney General or Colonial Secretary, for the settlement of the duties of Captain King and the Police. In the present instance, Captain King not knowing his duties, and fearing the consequences of acts done under his name, has dared to throw the risk on your Department. Mr. Standish was very offensive in his remarks to my brother, telling him "he ought to know his duty" that "he wouldn't advise him"; and "there would be no difficulty in finding persons to act as Sergeants of Police, who would know them". But I have strongly advised him to take no notice, but continue his duties as heretofore, and to look to you for protection as long as he may continue in the Force. On further consideration, I advise my brother not to pay the money on Captain King's letter. I remain Yours sincerely (Signed) W. Halse. To:- D. McLean Esq.
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Permanent link to this item

https://paperspast.natlib.govt.nz/manuscripts/MCLEAN-1021764.2.1

Bibliographic details

4 pages written 30 May 1848 by William Halse in Taranaki Region to Sir Donald McLean, Inward letters - William Halse

Additional information
Key Value
Document date 30 May 1848
Document MCLEAN-1021764
Document title 4 pages written 30 May 1848 by William Halse in Taranaki Region to Sir Donald McLean
Document type MANUSCRIPT
Attribution ATL
Author 42068/Halse, William, 1816-1882
Collection McLean Papers
Date 1848-05-30
Decade 1840s
Destination Unknown
Englishorigin ATL
Entityid 5
Format Full Text
Generictitle 4 pages written 30 May 1848 by William Halse in Taranaki Region to Sir Donald McLean
Iwihapu Unknown
Language English
Name 42068/Halse, William, 1816-1882
Origin 66394/Taranaki Region
Place 66394/Taranaki Region
Recipient 4809/McLean, Donald (Sir), 1820-1877
Section Manuscripts
Series Series 1 Inward letters (English)
Sortorder 0740-0019
Subarea Manuscripts and Archives Collection
Tapuhigroupref MS-Group-1551
Tapuhiitemcount 33
Tapuhiitemcount 2 14501
Tapuhiitemcount 3 30238
Tapuhiitemdescription 33 letters written from New Plymouth
Tapuhiitemgenre 3 230058/Personal records Reports
Tapuhiitemname 42068/Halse, William, 1816-1882
Tapuhiitemname 3 4809/McLean, Donald (Sir), 1820-1877
Tapuhiitemref MS-Papers-0032-0318
Tapuhiitemref 2 Series 1 Inward letters (English)
Tapuhiitemref 3 MS-Group-1551
Tapuhiitemsubjects 3 1446/New Zealand Wars, 1860-1872
Tapuhiitemtitle Inward letters - William Halse
Tapuhiitemtitle 2 Series 1 Inward letters (English)
Tapuhiitemtitle 3 McLean Papers
Tapuhireelref MS-COPY-MICRO-0535-058
Teiref ms-1310-234
Year 1848

4 pages written 30 May 1848 by William Halse in Taranaki Region to Sir Donald McLean Inward letters - William Halse

4 pages written 30 May 1848 by William Halse in Taranaki Region to Sir Donald McLean Inward letters - William Halse

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