No. 61
17 June 1871
Sir,
I transmit to you with reference to the correspondence noted in the margin a copy of a further letter
[Cut off] 24 March 1871
which I have received from Mr. G.E. Nias on the subject of the land in dispute between him and theGovernmentManuscript image Government of B.C.
I have been communicative with Mr. Trutch and Mr. Phil[l]ippo on the matter, which it appears very undesirable to leave in its present unsettled state and I am inclined to think that if your Government is not in a condition or is not prepared to terminate Mr. Nias' occupancy of the land and he is unable to establish a distinct legal claim to it under the decision of a court of lawtheManuscript image the best course (which I believe has been already under consideration) would be to offer him a lease of the land in question for a term of years at a nominal rent in order to enable him to exhaust the value of improvements he is said to have made upon it.
I enclose for your information a copy of the reply which I have caused to be sent to Mr. Nias's letter
C.O. 17 June 1871
and also a copy
C.O. 17 Jan 1871
oftheManuscript image the letter addressed to him on the receipt of your Despatch No. 145 of the 16th of November 1870.
I have the honor to be
Sir,
Your most obedient
humble servant
Kimberley
Minutes by CO staff
Manuscript image
Respond to Mr. Pearse to report whether any settlment can be effected or suggested by the Secretary of State.
AM 15 July 1871
Referenced accordingly
PJH 17 July/71
Documents enclosed with the main document (not transcribed)
Manuscript image
The Undersecretary of State Colonial Office to Nias, 17 June 1871, regarding the land in "dispute" between Nias and the government.
Manuscript image
Herbert to Nias, 17 January 1871, informing him that the BC government disputes his title to the "land in question."
Manuscript image
Nias to Kimberley, 24 March 1871, arguing against the BC government and advocating for his pre-emption rights.
Wodehouse, First Earl of Kimberley John to Musgrave, Sir Anthony 17 June 1871, NAC :, 175. The Colonial Despatches of Vancouver Island and British Columbia 1846-1871, Edition 2.0, ed. James Hendrickson and the Colonial Despatches project. Victoria, B.C.: University of Victoria. https://bcgenesis.uvic.ca/B717061.html.

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