323
Sin
18 Bank Buildings
February 10th/1887.
In reply to your letter of yesterday's date stating that the Government cannot assume that the line finally laid down is not the one indicated by the Judgment of the Supreme Court, I have to point out that the line, set out by the Bailiff of the Supreme Court, without measuring, is not in accordance with that Judgment, for Mr. Danby's Plan made in 1884 gives the actual measurement of the Southern Boundary of Marine Lot #2 1844, as 105 feet, which is the Lease measurement, and Mr. Danby, in his evidence before the Chief Justice at the trial, stated that Marine Lot #2,1844, ought to be according to the Lease, and as the Line laid down by the Bailiff leaves to this boundary only 102 feet 5 inches, I still insist that this line is not in accordance with the Judgment.
In your letter now before me, you further state that the Government cannot in any way interfere in this matter.
Am I then to understand that, having paid to the Crown the premium and annual Crown Rent required of me, for the piece of ground taken away from me in question, I have had to do so solely for the benefit of the adjoining Owner, and that I am to pay Rent for his benefit for ever, it being clear that he neither bought it nor paid Crown Rent for it?
And am I to understand that the Government of this Colony can sell Land, receive the Premium for it, collect Crown Rent every half year for many years, and when the purchaser asks for possession of that which he has paid for, it cannot or will not interfere to rectify an error?
Architects.
This Lease is either right or wrong. If, in company with the Surveyor General of this Colony, supported by the Plan of Licht. Johnston of the Royal Marine Engineers, who was instructed by the Supreme Court to survey the land for sale, supported by the Plan of Mr. Bird, of Messrs. Bird & Salmond, Surveyors of this Colony; and lastly by every Plan and report that Mr. Danby has made, it is evident that this Lease is right, and that the Line laid down by the Bailiff is wrong, and this wrong constitutes a Blot upon my Title to the ground comprised in my lease, which Blot I ought to have removed if there is any power in Hong Kong or England capable of removing it, and it only remains for me to ask the Government of this Colony to say through...