501
Muggidge came to the conclusion at which he arrived, but this ignorance of the real facts of the case, His Excellency considers that the terms of the letter from the Chief Office No.441 of the 19th March 1868, the letter from Colonel de Butts dated 7th April 1869, and the memorandum by Mr. Moorsom on that letter announcing the
5th August
placing of the stone on the site indicated by Colonel de Butts as the point of demarcation between Public Works Department Millar and Colonial Ground are so explicit as
to falsify any deductions which, though reasonable in themselves, lead to a different result than the documents referred to shown to have actually taken
For as far as the case under consideration is concerned, there does not appear to His Excellency any ambiguity in the terms of the transfer which would make it difficult to discover whether the claimants for compensation are legally entitled to their claims or not. The language of Colonel De Butts is as follows: "As soon as one boundary stone be placed at the point marked 'I' in pencil on the plan where the proposed new road branches off from that leading towards the Albany, I think the ground to the south may be considered as transferred from the Military Department to the Colonial Government, the date of placing the stone and its exact position can be recorded."