Object #1012229 from MS-Papers-0032-0449

3 pages written 11 Jul 1870 by Sir William Martin in Auckland Region to Sir Donald McLean

From: Inward letters - Sir William Martin, Reference Number MS-Papers-0032-0449 (25 digitised items). 25 letters written from Taurarua, Auckland, Wellington and San Francisco, 1854-1875. Includes some draft letters from McLean and piece-level inventory (excludes letters accessioned in 1969).

A transcription/translation of this document (by ATL) appears below.

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English (ATL)

Auckland

11 July 1870



My dear Mr. McLean

I mentioned to you my purpose of submitting to you some remarks on the amendments to be introduced into the Native LandsAct, which was intended to consolidate the existing Acts. I find now that no Bill will be introduced for the purpose of consolidation this Session. So I spare you very willingly.

One point only I wish to notice, which may possibly be mentioned in the course of debate. I mean, the proposed mode of relieving Karaitiana and his people. The form of Trust-deed was (as I understood) framed for the protection chiefly of Karaitiana (who had personally applied for it) and of the persons connected with him - in the next place, for the protection of others who might be in like circumstances. The more general object was to stay the alarm which had arisen out of his case, and has spread widely to the prejudice of the Nat. Lds. Court. For that purpose I still think it sufficient I was informed that Kar.a was solvent - that the Deed was to be executed by Major Heaphy in token of his acceptance of the trust, and that it was to be registered forthwith. If so the Trust would as I take it, be complete. The legal estate would be effectually vested in the Trustee, and the interests of the remainder men would be secure even against the Creator of the Trust. The interest of Kar.a in the property comprised in the Deed would become for a season inalienable, the alarm would be allayed, and time obtained for amending the existing System. In what other cases, besides that of Kar.a the form was to be used was for the Government to decide upon due inquiry.

The error pointed out by the Atty. Genl. in the printed form was due to the omission of a Recital which was intended to express the purpose of the Settlor to provide for a person named in the Rental.

Please (if you see no objection) let the Atty. Genl. see this explanation.

Do not trouble yourself to acknowledge this. I know well how busy you are.


Yours very truly
Wm. Martin

Part of:
Inward letters - Sir William Martin, Reference Number MS-Papers-0032-0449 (25 digitised items)
Series 1 Inward letters (English), Reference Number Series 1 Inward letters (English) (14501 digitised items)
McLean Papers, Reference Number MS-Group-1551 (30238 digitised items)

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