t
268
(h)
(1)
(3)
B
Because, as further appears in the said Judgment, the
Government of this Colony in spite of their subsequent
contention that back section holders had no right to
compensation expressly recognized the claim of a back
section holder, the owner of Section C, to an equitable
proportion of the Reclamation as appears by the letter
from the Colonial Secretary of the 6th. December 1889
referred to in the said Judgment of the Chief Justice,
Because the principles on which the just Government of
a country are based are, (inter alia) that, no man's
property shall be injuriously affected by any act of
the Government without compensation being paid there-
for.
Because it would be manifestly unjust that they should
not be compensated for all such depreciation in respect
of their front and back sections as they can establish.
We submit that those of our clients who can establish
that their houses have been diminished in value by the altera-
tion of the levels of roads which have taken place in the part
are entitled to compensation on the following grounds; -
Because, at the time the levels were altered, no
legislative or other authority existed enabling the
Government to alter the levels.
(a)
- 5-