CO885(3-4) — Page 412

CO882 & CO885 Colonial Office Confidential Prints 理藩院機密印刊 All

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Mr. McCallum might be asked for information on this point, as the day appointed for making an award, or for referring the matter to arbitration, is the 5th February.

(Signed) F. G. PENNEY,

Acting Collector of Land Revenue.

January 28, 1879.

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was merely a formality, as Mr. Crane, on behalf of Mr. Dunman, stated that he could not accept any offer, and that therefore the award must go to arbitration.

I have, &c. (Sigued) FRED. G. PENNEY,

The Hon. the Colonial Secretary, Straits Settlements.

Acting Collector of Land Revenue.

PUBLIC RECORD OFFICE

Reference :-

CO. 885

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PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

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Commanding Royal Engineer,

PLEASE to send in a Memorandum on the point referred to in the marked passage of the within letter.

CECIL C SMITH, Colonial Secretary.

February 3, 1879.

Colonial Secretary,

(Signed)

IN accordance with the request contained in your minute of yesterday's date, I have the honour to report that, as pointed out in my letter, dated 19th December, the Government reserve site at Tanjong Katong is quite unsuited for a battery.

Why (unless considerable sea-encroachment has taken place of late years) a piece of ground, which is only some 15 to 20 yards wide at high water, was originally selected for military purposes I cannot say. As stated in the letter above referred to, the site consists virtually of a mangrove swamp, on which it would be a matter of great expense and engineering difficulties (though not impossible) to obtain secure foundation for the heavy masonry employed in modern batteries to meet the great improvements which have been made in artillery and its material.

As regards earth movement the labour would be immense, and the soil available very limited.

In connection with this point I may mention that even the site selected (higher though it be than the Government reserve) has to be raised a foot all over before parapets can be constructed.

The battery, therefore, as designed, is essentially of an elevated character, and as such very much more expensive to construct, so much so, that I have been obliged to omit many necessary adjuncts in the battery, in order that the sum voted by the Imperial Government should not be exceeded.

H. E. MCCALLUM, Lieutenant, R.E.,

Commanding Royal Engineer,

Sir,

February 4, 1879.

(Signed)

Land Office, Singapore, April 21, 1879.

I HAVE the honour to forward herewith the award of the Arbitrators in re the land taken for a battery at Tanjong Katong, together with the connected papers, as per margin.

The total sum awarded amounts to 15,067 dollars.

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The 67 dollars represents the expenses incurred by Mr. Dunman, and allowed by the Arbitrators, in proving that the sea was not making rapid encroachments on the

land.

There still remains the fees to be paid to the Arbitrators and the direct cost of the arbitration, such as stamps, engrossing, &c., which latter I shall submit as soon as ascertained.

The fees for Arbitrators are fixed according to the Act by the Collector of Land Revenue, subject to the approval of a higher revenue authority. I would submit that the sum be fixed at the rate of 25 dollars to each Arbitrator for each sitting. As there are two Arbitrators who will receive fees, and as there have been eight sittings, the amount would

thus be 400 dollars.

The amount of award bears interest at the rate of 6 per cent. from the date of Government taking possession, which, in this case, was the 7th February, and I would request that immediate steps be taken to pay the sum awarded.

With regard to the sum of 1,000 dollars offered by me on the day appointed for inquiry into the value of the land and making a summary award, I may mention that this

Sir,

Singapore, April 19, 1879. WE, the Arbitrators appointed under Indian Act 6 of 1857 to inquire into the value of the land in the district of Gaylang, in Singapore, taken by the Government for a public purpose, and into the amount of compensation payable to Mr. Thomas Dunman therefor, now beg to forward to you our award in the matter with the proceedings of the arbitration, namely, the paper referring the matter to arbitration, signed on the 7th February, 1879, by you and Mr. C. E. Crane, as agent for Mr. Dunman, our respective appointments as Arbitrators, and the evidence and minutes of the daily proceedings, the receipt of which please acknowledge.

We have, &c.

F. G. Penney, Esq.,

(Signed) J. F. A. McNAIR, Colonial Engineer and Surveyor-

General, Straits Settlements, B. RODYK.

R. LITTLE.

Acting Collector of Land Revenue, Singapore.

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To all to whom these presents shall come, the Honourable John Frederick Adolphus McNair, Major in the Royal Artillery, retired, and Surveyor-General of the Straits Settlements; Bernard Rodyk, Advocate and Solicitor in the said Colony; and Robert Little, Doctor of Medicine in the said Colony, send greeting:

WHEREAS under and by virtue of the enabling provisions of Indian Act No. 6 of 1857, intituled "An Act for the Acquisition of Land for Public Purposes," it appeared to the Local Government of the Settlement of Singapore that the piece of land bereinafter described was required to be taken by the Government of the Straits Settlements at the public expense for a public purpose; and the said Government directed Frederick Gordon Penney, Acting Collector of Land Revenue in and for the Settlement of Singapore, to take order for the acquisition of the said land under the provisions of the said Act.

And whereas upon the proceedings had and taken by the said Collector for the purpose aforesaid, and at a meeting duly appointed and held on the 7th day of February, 1879, at the Government Land Office in Singapore by the said Collector to inquire summarily into the matter of the value of the said land, and of the amount of compensation to be awarded therefor, Charles Edwin Crane, the agent of Thomas Dunman, claimed that he, the said Thomas Dunman, was interested in the said land as the absolute proprietor thereof in fee simple, in possession free from incumbrances, but the said Collector was unable to agree with the said Charles Edwin Crane as to the amount of compensation to be allowed to the said Thomas Dunman for the same, and in consequence thereof, and in pursuance of the said Act, the said matter for inquiry became referable, and was referred by the said Collector and the said Charles Edwin Crane to the determi- nation of Arbitrators to be appointed in the manner provided for by the said Act; where- upon the said Collector did, on the 10th day of February aforesaid, in writing, appoint the said the Honourable John Frederick Adolphus McNair to be an Arbitrator, and the said Charles Edwin Crane as such agent did, on the 11th day of February aforesaid, appoint the said Bernard Rodyk to be an Arbitrator, and such Arbitrators, on the 15th day of February aforesaid, and before they entered upon the said matter referred to them, did, in writing, nominate and appoint the said Robert Little to act as Arbitrator with them.

Now know ye that the said three Arbitrators having severally accepted their said appointments, and having heard and duly and maturely weighed and considered the witnesses and evidence upon oath, adduced by and on behalf of the said parties in difference, concerning the said matter so referred to the said Arbitrators as aforesaid, do make and publish this their award of and concerning the said matter in manner following, that is to say, the said Arbitrators declare award and determine :--

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