10.98
fixed by the Surveyor General
K
as a
"full and fair compensation" would not now be precluded from saying that the Contract was not completed by reason of the price fixed not being full and fair?
However, that
may be, I think that Mr Duddell's Memorial followed by the withdrawal of the Notice of Resumption and by the continued occupation and payment of Rent and Taxes by Mr. Duddell's constitute
agreement to
at all events an
treat the Surveyor's valuation as
still of force.
The
case is one of considerable nicety and if the Government
299/
think it sufficiently important,
it might be worth while to obtain the opinion of some eminent Equity Counsel in England without delay, especially as it has not been considered before in the point of view which I have
suggested.
(Signed) Julian Pauncefote,
Attorney General.
Hong Kong, 24th February, 1859.
(True Copy.)
Gardiner Mroton
Colonial Secretary.