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occupy and to determine the area of the ground which they cover. As soon as they have appointed an arbitrator on four sides they will proceed on the business and in case of disagreement they will
appoint a third person to decide between them
That your memorialist in accordance with the directions contained in the said letter appointed J. A. Gibb Esquire of Victoria Merchant to act as such arbitrator on his behalf and that the said two several arbitrators having met on the said business agreed without having occasion to call in a third party to the value of memorialist's said property which was fixed by their award at the sum of Twelve thousand and Nine hundred dollars which decision was communicated by them to memorialist in a letter bearing date the second day of August One thousand eight hundred and forty Four.
That on the result of the said arbitration being communicated to Her Majesty's Government for the said Colony it was objected to by them and after a good deal of correspondence ended by the Colonial Secretary for the time being sending memorialist a letter bearing date the Twenty seventh day of August one thousand eight hundred and forty Four offering him instead of the sum awarded an amount of Eight thousand dollars together with the materials of the said buildings erected by him on the said property and a remission of all rent due on the same.
That as it was also intimated to memorialist that unless he accepted this he would get nothing at all and being totally unable to lay out of the money while having to build
premises he agreed to accept that offer on the condition of Government granting him another piece of ground in lieu of the piece previously from which he was displaced. The lot of ground given in lieu is so situated that it cannot be made available for the purposes of the business in which your Memorialist is engaged and your memorialist has been obliged to pay a sum of Four thousand dollars (out of the reduced sum paid to him) for the purchase of a piece of ground less in area than that from which he was ejected
Under these circumstances your memorialist prays that the full compensation adjudged to be paid to him by the said award may be paid to him without deduction as all the circumstances which your memorialist herein sets forth were before the said arbitrators at the time of making their award.
Your Memorialist therefore humbly prays that your Lordship will give his earnest consideration and submits that the statements of your Memorialist borne out as they are by the annexed copies of documents (and to which he prays your Lordship to refer) fully satisfy him to the full and just amount awarded to him
And your memorialist will ever pray & c
John Burd