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alienated by Mr Johnston the argument being that the conditions being the same the same decision should be applied to them as to those sold under Captain Elliot's notice.
The Town Lots disposed of under Mr. Johnston's announcement appear to have been 75, extending over about 10 acres, and the Suburban Lots to have been 17, extending over about 83 Acres. Mr. Gordon states in his General Report on the Town, and Suburban Lots that Sir Henry Pottinger expresses his concurrence in his Dispatch No.7, that some of the Suburban Lots ought to be transferred to the class of Marine Lots, and all but one of the Suburban Lots to the class of Town Lots.
Where no outlay has been made, the Lots will, if we understand right, be forfeited, and there can be no difficulty in classing them as may be thought best. But when parties have made any bona fide outlay, and are unwilling to retain their lots on the raised terms, we cannot do more than recommend that Sir Henry Pottinger be directed to settle each case equitably and on its own merit, taking care to bear in mind such expectations as it may have been reasonable to form under a Public Notice issued, though without sufficient power, by the officer exercising the chief authority.