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Connexion with that be and without any preceding, it would appear to constitute a breach of conditions and the consequent forfeiture of the premises as provided in such breach; but the Lease for any if the clause be considered null, by reason of the Licence of the Governor, (which I presume however should have been given in writing) to build, these houses which were intended to be used in a special manner as stated beneficial by the Bishop must, as a natural consequence, have been let or underlet.
Should however it be considered that this clause does constitute a breach of Covenant, it may be well to remark that, whether the Land is occupied or otherwise the Government does not suffer in any degree whatever, but it clearly constitutes a breach of the instructions of the Secretary of State, and is clearly "an occupation for the purposes of Endowment".
I was not aware of these instructions of the Secretary of State until lately and they are not included in any of the forms of Lease issued from my office.
It appears to me that taking into consideration the fact that, the Colony sustains no loss by this appropriation of the Land, the difficulty may be met, so as to preserve the rights of the Crown, by the imposition of a rental such as the Land would have produced at the