535
Per Letter in Petition. Appendix 2- 2. The value of our Marine Lot No. 184, in the Year 1895, before the Reclamation works had been commenced in front of the Lot, was $282,000, the capitalised net rents for the Year 1895, with 10% added for compulsory sale, as stated by Messrs Leigh & Orange, Civil Engineers, Land Surveyors, Architects and Valuers, and affirmed by them under Statutory Declaration, Appendix 6-
Both these gentlemen are well acquainted with the value of Land and Buildings in the Colony, whether as Marine Lots or Inland Lots.
3. The value of the Lot, after the Reclamation works had been brought in front of it, was $110,000, this being the amount for which it was sold on the 30th September 1899, after every effort had been made to obtain the highest offer. The difference between the two values is $172,000 and is not met by General Black's Award of $15,000.
4.
5. Beyond the above, the Attorney General stated, before the Full Court on the 30th March 1898, that he would have no objection to Mr Howard making such further claim as he could substantiate, in respect of intermediate damage caused by the alleged silting up of his foreshore during the period before the Reclamation works actually reached the front of his premises.
6. This loss has been ascertained to be $25,142 - Appendix 7.
7. Thus, the losses upon what have been recognized as proper subjects of Claim by Governor Des Voeux and the Attorney General amount to $197,142; and for this amount General Black as Acting Governor awarded only $15,000; and that, too, without seeing, opportunity of hearing, or giving us any knowing upon what evidence he based his Award.
8. Upon the conduct of General Black in this award, Chief Justice Sir John Carrington remarked, in his Judgment as follows:- "It was very properly admitted by the Attorney General that if the Governor as Arbitrator under the Ordinance, some of the things which are stated to have been done by the Acting Governor cannot be supported and the Court will be justified in interfering in the exercise of its general jurisdiction over subordinate tribunals." And at the conclusion of his Judgment said; - "Although the legal right is taken away, yet it cannot but be a point of honour with the Governor to pay full regard to the moral right." And where such a right is alleged to have...