Object #1014105 from MS-Papers-0032-0010

4 pages written 21 Mar 1857 by Alfred Domett and John Davis Canning in Napier City to Sir Thomas Robert Gore Browne in New Zealand

From: Secretary, Native Department - Administration of native affairs, Reference Number MS-Papers-0032-0010 (29 digitised items). Includes papers relating to the activites of Ngati Toa and its allies along the Kapiti Coast at Wainui, Whareroa, Te Uruhi, Waikanae, Otaki, Ohau, and Porouatawhao ca 1860. This was a period when the colonial settlers at Wellington thought themselves to be under imminent attack by Ngati Toa and others. Wi Tako Ngatata's activities were under suspicion as well (ie Wi Tako left the Hutt Valley with a mounted escort of sixty seven well-armed men from Waikanae and Whareroa).

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

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English (ATL)

Letters and Memoranda in connection with matter of horse. Canning v. Whakatomo.
note: For the Native Sec.
TGB
June 1



COPY To His Excellency, Thos. Gore Brown C.B., Governor in Chief New Zealand

The humble petition of John Davis Canning of Napier, Sheep Farmer, sheweth, that whereas in the month of October 1856, a case was tried in the Resident Magistrate's Court at Napier, your Petitioner being Plantiff, and a native named "Te Eakatomo" the defendant (copies of the depositions in which case are hereunto annexed) for the recovery of a Horse said to be illegally detained by "Te Wakatomo", on which occasion the horse in question was decided to be the property of the Plantiff, and whereas "Te Wakatomo" in spite of remonstrances made to him by G.S. Cooper Esqre, to whom your Petitioner has applied for redress in the absence of a Resident Magistrate, still refuses to give up possession of the Horse in accordance with the late Resident Magistrate's decision given as aforesaid in favour of the Plaintiff your Petitioner.

Your Petitioner prayeth that in the absence of proper authority to carry out the Law, Your Excellency will be pleased to direct that compensation be made to your Petitioner for damages sustained in the loss of the Horse together with expenses incurred in proving the identity of the same according to the Schedule hereunto annexed and your Petitioner will ever pray, etc.,

Dated this 21st. March 1857.


John Davis Canning Napier
Sheep Farmer. To:- His Excellency Thos. Gore Brown
C.B. Governor in Chief New Zealand.
COPY Resident Magistrate's Court Napier
21st. October 1856



Decision.

Canning v. Wakatomo.

The horse is decided to be the property of the Plaintiff.

(Signed)
Alfred Domett.
R.M.
COPY
Present value of Horse 50. 0. 0 Expenses of three witnesses and self attending during eight days at Napier, together with attendance to procure summons being the amount actually expended.) 20. 0. 0 70. 0. 0

Part of:
Secretary, Native Department - Administration of native affairs, Reference Number MS-Papers-0032-0010 (29 digitised items)
Series 7 Official papers, Reference Number Series 7 Official papers (3737 digitised items)
McLean Papers, Reference Number MS-Group-1551 (30238 digitised items)

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