289

Acting Attorney General Ball was correct as to this Government's inability to withdraw a certain notice of resumption of land, the property of a Mr Duddell without the consent of that person.

2.

In my Despatch 1580 of the 30th September last, I transmitted very full particulars of the case in question, and explained that Mr. Duddell had himself expressed his dissatisfaction at the amount awarded to him as compensation. Acting on that protest, and thereby apparently conceding what Mr Duddell required, I desired the notice of resumption to be withdrawn. That however was no sooner done than Mr Duddell protested against my doing so, and threatened legal proceedings to compel this Government to complete the resumption of the land and pay compensation to the insufficiency of which he had himself objected.

3.

As the question involves the payment of so large a sum as $34,500, which I believe to be much more than the real value of the land at present, it is desirable that I should be well assured as to the extent of the legal liability

12832/18.

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