G. Irrespective, however, of any decision of the Supreme Court as to your mere legal obligations, His Excellency sees nothing in your communication of the 29th ultimo, or in previous correspondence, to induce him to regard the Marine Lot Holders as having yet fulfilled the original obligation, in consideration of which they received an equivalent either in remission of Premiums or reduction of old Rates. The construction of an insufficient Wall has not morally cleared that obligation, nor would the mere fact of an inadequate Wall having been constructed at a cheap The actual test of rate without protest by the Surveyor General terminate it. experience could alone determine the sufficiency of such a work, though the tacit acquiescence of the Government might furnish an equitable claim to the assistance recently offered by the Governor from Public Funds towards the complete fulfilment of your original agreement.
7. His Excellency admits that equitable claim and even goes further, for he does not hesitate to affirm that in any future undertaking on a sufficient scale--whether at the sole expense of the Marine Lot Holders, or at the joint expense of those of parties and the Government, he considers it expedient for the purpose preventing future disputes, to throw on the local Government the entire charge any such obligation and cost of all subsequent repairs, though he does not admit that has yet devolved on the Government in consideration of the inadequate work on which the security of the Praya has hitherto been left to depend.
8. It may be true that some of the Marine Lot Holders are only under a similar obligation to that affecting the general body of Lot Holders, viz., to repair Roads in the vicinity of their Lots. The latter, however, have received no pecuniary consideration for doing so, as is the case with the Marine Lot Holders. Secondly, repairs of other Roads do not involve an expenditure of such magnitude as those of the Sea Wall which maintains the Roadway of the Praya. Hence no occasion has hitherto arisen for enforcing similar obligations elsewhere, and for these reasons no parallel can be fairly instituted between the cases.
9. I am further instructed to add that, if the Marine Lot Holders had by their co-operation assisted His Excellency in his effort to divert to so useful a Work a portion of the funds which must now be almost immediately remitted to meet long standing liabilities of the Colony, he would have gladly considered the expediency of granting to each Lot Holder the privilege of creating for his sole use and benefit a pier opposite to his Lot.
10. Unfortunately, however, the action taken by the Lot Holders has quite precluded His Excellency from carrying out his object, which was simply to afford the Marine Lot Holders every legitimate assistance and to do so in any way not wholly inconsistent with the means of the Colony and the instructions which he had received.
I have the honor to be,
Gentlemen,
Your most obedient Servant,
(signed) Cecil Amich
Acting Colonial Secretary.
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