✨ Legal Proclamation and Despatch
NEW ZEALAND GOVERNMENT GAZETTE.
PROVINCE OF NEW ULSTER.
Published by Authority.
All Public Notifications which appear in this Gazette, with any Official Signature thereunto annexed, are to be considered as Official Communications made to those Persons to whom they may relate.
By His Excellency's Command,
ANDREW SINCLAIR, Colonial Secretary.
VOL. V. AUCKLAND, FRIDAY, FEB. 27, 1852. No. 6.
Colonial Secretary's Office,
Auckland, 25th February, 1852.
IN compliance with instructions from His Excellency the GOVERNOR-IN-CHIEF, the following copies of a Despatch and Order of the Queen in Council are published for general information.
By His Excellency's Command,
ANDREW SINCLAIR,
Colonial Secretary.
(Copy.) (No. 65.)
Downing-street, 30th July, 1851.
SIR,—With reference to previous correspondence on the same subject, I transmit to you for your information and guidance an Order of the Queen in Council, bearing date the 25th ultimo, directing that the judgment of the Supreme Court of New Zealand in the case of The Queen versus George Clarke be reversed, and that judgment on the scire facias be entered for Her Majesty's Crown.
As, notwithstanding the non-appearance of the respondent, the case was heard and decided on the merits by the Committee, this may be taken as a decision on the point at issue.
I have, &c.,
(Signed) GREY.
Governor Sir George Grey,
&c. &c. &c.
At the Court at Buckingham Palace, the 25th day of June, 1851,
Present:
The QUEEN'S Most Excellent Majesty,
His Royal Highness Prince Albert,
Lord President, Earl Grey,
Lord Privy Seal, Viscount Palmerston,
Duke of Norfolk, Lord Broughton,
Lord Steward, Mr. Labouchere,
Lord Chamberlain, Sir George Grey, Bart.
Marquis of Abercorn, Sir Francis Baring, Bart.
Marquis of Clanricarde,
WHEREAS there was this day read at the Board a Report from the Judicial Committee of the Privy Council, dated the 15th of May, 1851, in the words following, viz.:—
"Your MAJESTY having been pleased by your General Order in Council of the 1st November, 1848, to refer unto this Committee the humble Petition and Appeal of William Swainson, Esquire, Her Majesty's Attorney-General for the Colony of New Zealand, setting forth, that, under and by virtue of a warrant under the hand of George Grey, Esq., Governor and Commander-in-Chief of the Islands of New Zealand, and issued under the Public Seal of the said Islands, at Government House at Auckland, in the Province of New Ulster, on the twenty-ninth day of December, in the year of Our Lord 1847, directed to the Appellant as Attorney-General for the Colony of New Zealand, the Appellant did, on the seventh day of January, in the year of Our Lord, 1848, direct that a writ of scire facias should be sued out of the Supreme Court at Auckland aforesaid, in the name of the Crown, to shew cause why certain Deeds of Crown Grant, bearing date the sixteenth day of May, 1844, and purporting to have been issued pursuant to the provisions of
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New Ulster Gazette 1852, No 6
✨ LLM interpretation of page content
⚖️ Publication of Order in Council regarding the case of The Queen versus George Clarke
⚖️ Justice & Law Enforcement25 February 1852
Order in Council, Supreme Court, Crown Grant, Scire facias, George Clarke, Legal judgment
- George Clarke, Respondent in the case of The Queen versus George Clarke
- William Swainson (Esquire), Attorney-General and Appellant
- George Grey (Sir), Governor and Commander-in-Chief
- Andrew Sinclair, Colonial Secretary
- Earl Grey, Secretary of State for the Colonies