Copy petition
Hongkong R
VICTORIA, TUESDAY, DECEMBER 11, 1855.
MINUTES OF A MEETING
Of holders of Marine Lots, held in the Hongkong Club House, 3d December, 1855.
Present, Messrs. A. C. Maclean, E. Pereira, W. Scott, R. Kienaecker, R. C. Antrobus, F. H. Block, J. Tate for W. H. Wardley & Co., D. Lapraik, Y. J. Murrow, H. Anthon, W. T. Bridges, E. Cohen, C. Weiss, W. Tarrant, G. Duddell, W. Lamond for O. B. Corporation, T. D. Gibb, W. Brown, J. W. Brimnelow, J. Endicott, C. D. Williams, T. C. Leslie, F. C. Stewart, J. Scarth, W. F. Beval.
At the motion of Mr. Maclean, seconded by Mr. Antrobus, Mr. Leslie was called to the chair.
The chairman read an extract from the Government Gazette of 10th November, relative to a project entertained by Government for the formation of the Praya from the Parade Ground to Possession Point along the seaward front of the Town, and stated that in consequence of this notification, the present meeting had convened in order to elicit the sentiments of holders of Marine Lots with regard to the proposed measure.
The notice calling the meeting was read. Mr. Pereira reviewed the principal features of the Government scheme, pointing out that the holders of Marine Lots would thereby be called upon to fill in ground to a very distant line from their present sea wall, solely at their own expense, and against their inclination in many instances.
That in one case the renter of a Marine Lot would be required to fill in nearly three times the extent of the Leasehold ground at an expense of $14,000 to $15,000, and to a point where even at low tide the depth of water was very considerable. In the Government Notification it was stated that Holders of Marine Lots had already filled in much Ground without the consent of Government, but he averred that although it might not be recorded, there were some instances in which it had been verbally given, and in every case the filling in had taken place with the tacit compliance of Government. That in front of some Lots, sand and soil had been deposited to a great extent by the drains conveying it from the hills in rainy weather, and that as the water receded the Leaseholders had advanced their sea wall and extended their piers. He admitted that the Leases gave great power to Government as to the resumption of the land demised in those Leases in the event of urgent public necessity, but they contained no stipulation having reference to any other ground than that included in the measurements given while on the other hand they guaranteed a water frontage, which had induced parties to pay more highly for these than for Inland Lots. He considered that Government did not possess the power to exact from the Leaseholders such a vast outlay of capital as the present scheme involved, while moreover it was inadequate and defective as a public measure, and in opposition to the wishes and interests of those most deeply concerned.
Mr. Antrobus fully concurred in the views expressed by Mr. Pereira, but thought that one point mentioned in the Gazette was a desirable one, namely a fixed boundary for sea walls, which, however, could be very easily arranged without the construction of a Praya, a measure to which he would willingly give assent if he could discover in it any great public advantage, but he was unable to do so; on the contrary, he considered the project one which would entail very serious expense on individuals, while it destroyed the privacy of Marine Lots, and did away with the advantages which had induced the Leaseholders to pay more highly for a Marine than an Inland Lot.
Mr. Maclean, representing absentees, some of whom were Minors, objected to the proposed measure, and expressed a doubt if, in the case of Minors, Trustees would be justified in such an expenditure as would be required. Mr. Rienaecker, as a member of the community protested against the inconvenience suffered by the public in consequence of obstruction at the Government piers caused by adjacent Leaseholders filling in ground and depositing refuse.
The Chairman remarked that as far as depositing refuse at public piers was concerned, it was by no means the sole act of adjoining Leaseholders, but on the contrary was done by the orders of the Police. That frequent complaints had been made, and that only a very short time ago he had occasion to prefer a charge against a Policeman (in charge of a chain-gang of 4 convicts) for depositing filth and rubbish from the jail at Pedder's Wharf!
Mr. Bridges was of opinion that before the meeting came to any decision in the matter it should carefully consider that although the Government had perhaps given a tacit consent to individuals filling in ground, such consent was by no means binding, and that it might also be advantageously borne in mind that Government might attach the land so filled in and charge rent for the same.
Mr. Murrow considered the proposition a most liberal one on the part of Government, and pointed out advantages to be derived by the public, which in his opinion far outweighed the small inconvenience which private individuals might suffer by a diminution of the privacy they at present enjoyed. If persons made their houses of business their private residences, they might expect stir and bustle, and if a sea view was desired they might build close to the Praya, and let the houses behind at handsome rents. He pointed out the insufficiency of Godown-room and deep-water wharfs for the increasing trade of the place, and facilities afforded by a Praya in cases of fire. He considered it important as a Police measure, and more so in the event of military movements being required for the protection of the Town, as Troops could be moved with ease and rapidity along the whole sea-frontage, which would be diminished by drawing a straight line in place of a curve. With regard to the right of marine lots, he considered that although these parcels of land were originally granted as Marine Lots, there was no guarantee that they should be continued as such, more especially when such a continuance was inimical to public convenience, and further he considered that if holders of these lots refused to fill up the ground so much required for godowns, it was the duty of Government to take the Land from them, fill in and sell it to others. He concluded by moving the following Resolution,-
"That this meeting consider it desirable that the Holders of Marine Lots should have some title to the ground they have reclaimed, and conceiving it to be most essential that the proposed sea wall should be a substantial and permanent structure are of opinion that the Government should undertake its construction, the holders of Marine lots filling in to such sea wall. The meeting is further of opinion, as the advantages of the project will accrue to the colony generally and not to the holders of Marine Lots, that the expense of constructing the sea wall should be borne rateably by the whole colony and not by the Marine lot Holders exclusively. This meeting submits that colonial Interest levied on the outlay would become a source of permanent revenue.”
No one being found to second the motion it was withdrawn.
Mr. Antrobus could not subscribe to the doctrine advanced by Mr. Murrow that because Private individuals took a different view from Government of a public measure such as the present, they were liable to have the sea frontage of their marine lots (for which they had paid highly) destroyed by Government filling in and selling ground in front of them. He had already stated that if he could see any great Public advantage to be derived from the formation of a Public road along the sea front, he would not oppose the measure, but he could not discover any such, and as a Police measure he objected to it altogether. If the Praya lately formed to the westward was a specimen of what might be expected, he thought the town was better without it. The Queen's Road being quite sufficient for the traffic of the place.
Mr. Duddell wished to know if it had been notified that holders of Marine Lots were to build the sea Wall at their own expense, and was answered in the affirmative by one or two Parties who had made the enquiry of the Surveyor General. He was glad to learn that many were willing to pay a reasonable rent for reclaimed ground, and considered that such being the case Government should certainly build the Wall and make the road at their own expense. However, he thought holders of Marine Lots need not alarm themselves, for he did not believe Government had any intention of carrying out the measure at present, and, looking to the large amount of work to be done in the suburbs of the Town he thought, in about 7 years there might be some leisure to the Surveyor General who had more than enough on his hands now, without undertaking such a stupendous work as the proposed Praya.
Mr. Pereira proposed, and Mr. Bowra seconded, the following Resolution.
"That in the opinion of this Meeting the project for the formation of a Praya (as laid down in the Government Gazette of 10th November last) would be defective and inadequate as a public measure, onerous upon individuals, infringing on the rights of holders of Marine lots, and contrary to the spirit of the Leases,"
Mr. Bridges proposed as an amendment.-"That the construction of a Praya would be useful and beneficial to the interests of this colony."
This was seconded by Mr. Duddell, but lost by a Majority of 16 to 3.
The original motion was then put and carried by 18 to 3.
Mr. Antrobus proposed "That a committee be formed consisting of the following Gentlemen,-E. Pereira, J. D. Gibb, R. Sturgis, F. H. Block, W. Bowra, and R. C. Antrobus, to embody the above Resolution in a Memorial to H. E. The Governor, and that they be deputed to wait upon him and to lay more particularly before His Excellency the opinions and views of the Majority of those personally interested in the proposed measure, and respectfully to request that the same may be abandoned."
Mr. Block seconded this resolution, which was carried Nem con.
With a vote of thanks to the Chairman, the Meeting was then dissolved.
THOS. C. LESLIE, Chairman.
Copy petition
ongkong R
VICTORIA, TUESDAY, DECEMBER 11, 1855.
નાજુક
MINUTES OF A MEETING
Of holders of Marine Lots, held in the Hongkong Club House, 3d December, 1855.
Present, Messrs. A. C. Maclean, E. Pereira, W. Scott, R. Kienaecker, R. C. Antrobus, F. H. Block, J. Tate for W. H. Wardley & Co., D. Lapraik, Y. J. Murrow, H. Anthon, W, T. Bridges, E. Cohen, C. Weiss, W. Tarrant, G. Duddell, W. Lamond for O. B, Corporation, T. D. Gibb, W. Brown, J. W. Brimnelow, J. Endicott, C. D. Williams, T. C. Leslie, F. C. Stewart, J. Scarth, W. F. Bеvал.
At the motion of Mr. Maclean, seconded by Mr. An- trobus, Mr. Leslie was called to the chair.
The chairman read an extract from the Government Gazette of 10th November, relative to a project enter- tained by Government for the formation of the Praya from the Parade Ground to Possession Point along the Scaward front of the Town, and stated that in consc- quence of this notification, the present meeting had con vened in order to elicit the sentiments of holders of Ma- rine Lots with regard to the proposed measure,
The notice calling the meeting was read. Mr. Percira reviewed the principal features of the Government scheme, pointing out that the holders of Marine Lots would thereby be called upon to fill in ground to a very distant line from their present sea wall, solely at their own expense, and against their inclination in many instances.
That
in one case the renter of a Marine Lot would be required to fill in nearly three times the extent of the Leasehold ground at an expense of $14,000 to $15,000, and to a point where even at low tide the depth of Water was very considerable. In the Government Notification it was stated that Holders of Marine Lots had already) filled in much Ground without the consent of Govern- ment, but he averred that although it might not be recorded, there were some instances in which it had been verbally given, and in every case the filling in had taken place with the tacit compliance of Government-That in front of some Lots, sand and soil had been deposited to a great extent by the drains conveying it from the hills in rainy weather, and that as the water receded the Leascholders had advanced their sea wall and extended their piers. He admitted that the Leases gave great power to Government as to the resumption of the land demised in those Leases in the event of urgent public necessity, but they contained no stipulation having re-; ference to any other ground than that included in the measurements given while on the other hand they guaranteed a water frontage, which had induced parties to pay more highly for these than for Inland Lots. He considered that Government did not possess the power to exact from the Leascholders such a vast outlay of capital as the present scheme involved, while moreover it was inadequate and defective as a public measure, and in opposition to the wishes and interests of those most deeply concerned.
Mr Antrobus fully concurred in the views expressed by Mr. Pereira, but thought that one point mentioned in the Gazette was a desirable one, namely a fixed boundary for sea walls, which, however, could be very easily ar- ranged without the construction of a Praya, a measure to which he would willingly give assent if he could discover in it any great public advantage, but he was unable to do so; on the contrary, he considered the project one which would entail very serious expense on individuals, while it destroyed the privacy of Marine Lots, and did away with the advantages which had in- duced the Leaseholders to pay more highly for a Marine than an Inland Lot.
Mr Maclean, representing absentees, some of whom were Minors, objected to the proposed measure, and ex- pressed a doubt if, in the case of Minors, Trustees would be justified in such an expenditure as would be required. Mr. Rienaecker, as a member of the community pro- tested against the inconvenience suffered by the public in consequence of obstruction at the Government piers caused by adjacent Leaseholders filling in ground and depositing refuse.
The Chairman remarked that as far as depositing re- fuse at public piers was concerned, it was by no means the sole act of adjoining Loeseholders, but on the con- trary was done by the orders of the Police-That frc- quent complaints had been made, and that only a very short time ago he had occasion to prefer a charge against a Policeman (in charge of a chain-gang of 4 convicts) for depositing filth and rubbish from the jail at Pedder's Wharf!
Mr. Bridges was of opinion that before the meeting came to any decision in the matter it should carefully consider that although the Goverument had perhaps given a tacit consent to individuals filling in ground, such consent was by no means binding, and that it might also be advantageously borne in mind that Government might attach the land so filled in and charge rent for the
Bame.
Mr. Murrow considered the proposition a most liberal one on the part of Government, and pointed out advantages to be derived by the public, which in his opinion far outweighed the small inconvenience which private indi- viduals might suffer by a diminution of the privacy they at present enjoyed. If persons made their houses of business their private residences, they might expect stir
and bustle, and if a sea view was desired they might build close to the Praya, and let the houses behind at handsome rents. He pointed out the insufficiency of Godown-room and deep-water wharfs for the increasing trade of the place, and facilities afforded by a Praya in cases of fire. He considered it important as a Police measure, and more so in the event of military movements being required for the protection of the Town, as Troops could be moved with ease and rapidity along the whole sea-frontage, which would be diminished by drawing a straight line in place of a curve. With regard to the! right of marine lots, he considered that although these parcels of land were originally granted as Marine Lots, there was no guarantee that they should be continued as such, more especially when such a continuance was ini- mical to public convenience, and further he considered that if holders of these lots refused to fill up the ground so much required for godowns, it was the duty of Gov- ernment to take the Land from them, fill in and sell it to others. He concluded by moving the following Reso- lution,-
"That this meeting consider it desirable that the Holders of Marine Lots should have some title to the ground they have reclaimed, and conceiving it to be most essential that the proposed sea wall should be a substantial and permanent structure are of opinion that the Government should undertake its construction, the holders of Marine lots filling in to such sea wall. The meting is further of opinion, as the advantages of the project will accrue to the colony generally and not to the holders of Marine Lots, that the expense of constructing the sea wall should be borne rateably by the whole colony and not by the Marine lot Holders exclusively. This meeting submits that colonial Interest levied on the outlay would become a source of permanent revenue.”
No one being found to second the motion it was withdrawn. -
Mr. Antrobus could not subscribe to the doctrine ad- vanced by Mr. Murrow that because Private individuals took a different view from Government of a public measure such as the present, they were liable to have the sea frontage of their marine lots (for which they had paid highly) destroyed by Government filling in and selling ground in front of them. He had already stated that if he could see any great Public advantage to be derived from the formation of a Public road along the sea front, he would not oppose the measure, but he could not discover any such, and as a Police measure he object- ed to it altogether. If the Praya lately formed to the westward was a specimen of what might be expected, he thought the town was better without it. The Queen's Road being quite sufficient for the traffic of the place.
Mr. Duddell wished to know if it had been notified that holders of Marine Lots were to build the sea Wall at their own expense, and was answered in the affirma- tive by one or two Parties who had made the enquiry of the Surveyor General. He was glad to learn that many were willing to pay a reasonable rent for reclaimed ground, and considered that such being the case Govern- ment should certainly build the Wall and make the road at their own expense. However, he thought holders of Marine Lots need not alarm themselves, for he did not believe Government had any intention of carrying out the measure at present, and, looking to the large amount of work to be done in the suburbs of the Town he thought, in about 7 years there might be some leisure to the Surveyor General who had more than enough on his hands now, without undertaking such a stupenduous work as the proposed Praya.
Mr. Pereira proposed, and Mr. Bowra seconded, the fol- lowing Resolution.
"That in the opinion of this Meeting the project for the formation of a Praya (as laid down in the Government Gazette of 10th November last) would be defective and inadequate as a public measure, onerous apon individu als, infringing on the rights of holders of Marine lots, and contrary to the spirit of the Leases,"
Mr. Bridges proposed as an amendment."-That the construction of a Praya would be useful and beneficial to the interests of this colony."
This was seconded by Mr. Duddell, but lost by a Majority of 16 to 3.
The original motion was then put and carried by 18
to 3.
Mr. Antrobus proposed "That a committee be formed consisting of the following Gentlemen,-E. Percira, J.: D. Gibb, R. Sturgis, F. II. Block, W. Bowra, and R. C. Antrobus, to embody the above Resolution in a Memorial to H. E. The Governor, and that they be deputed to wait upon him and to lay more particularly before His Excel-' lency the opinions and views of the Majority of those per- sonally interested in the proposed measure, and respect- fully to request that the same may be abandoned."
Mr. Block seconded this resolution, which was carried Nem con,
With a vote of thanks to the Chairman, the Meeting was then dissolved.
THO8. C. LESLIE, Chairman.
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