CO129-136 - Sir MacDonnell - 1869 [1-3] — Page 301

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All AI Reviewed

296

I and that enfflied by the Covenant of Resumption in the Crown leases, according to the latter "a full and fair compensation" is to be paid "at a valuation fairly and impartially to be made" by Her Majesty's Surveyor. Now if the words had been "at a valuation to be made by Her Majesty's Surveyor" and he had made the valuation, the Contract would have been complete, or if the words had been simply "at a fair valuation" a Court of Equity between private parties could order such a valuation to be made and complete and enforce the Contract. But no legal process can compel Her Majesty's Surveyor to make a valuation at all, much less to make a fair and impartial one and to fix a full and fair Compensation. "If the mode of ascertainment fail the Contract remains incomplete" (Fry. Sp: Perf. Secs: 214+217) and as long as there is no concluded agreement, either party may withdraw (Sugden's Vendas f. 132). It may be urged that such power of withdrawal is inequitable in this case because it was not competent to Mr Buddell to withdraw if he had felt disposed so to do. But the answer to that is

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296 A I and that enfflied by the Covenant of Resumption in the Crown leases, according to the latter "a full and fair compensation" is to be paid "at a valuation fairly and impartially to be made" by Her Majesty's Surveyor. Now if the words had been "at a valuation to be made by Her Majesty's Surveyor" and he had made the valuation, the Contract would have been complete, or if the words had been simply "at a fair valuation" a Court of Equity between private parties could order such a valuation to be made and complete and enforce the Contract. But no legal process can compel Her Majesty's Surveyor to make a valuation at all, much less to make a fair and impartial one and to fix a full and fair Compensation. "If the mode of ascertainment fail the Contract remains incomplete" (Fry. Sp: Perf. Secs: 214+217) and as long as there is no concluded agreement, either party may withdraw (Sugden's Vendas f. 132). It may be urged that such power of withdrawal is inequitable in this case because it was not competent to Mr Buddell to withdraw if he had felt disposed so to do. But the answer to that is

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296 A I and that enfflied by the Covenant of Recumption in the Grown leases, according to the latter "a full and fair compensation " is to be faid" at a valuation fairly and impartially to be mate" by ber Majesty's Turveyor. Now if the {k :words had been "at a valuation to be made by Her Majesty, Surveyor and he had made the valuation, the Contract would have been complete, or if the words had been simfly "at a fair valuation" a Court of Aquity frivate parties could order such a valuation to be made and complete and enforce the Contract. But no as between legal frocep can compel Her Majestyp Surveyor to make a valuation at all. much less to make a fair and impartial one and to fix a full and fair Compensation. "If the mode of ascertainment fail the Contract remains incompliti”. (Fry. Sp: Perf. Secs: 214+217) and as long as there is no concluded agreement, either party may withdraw (Sugden's Vendas f. 132). It may be ungen that such hower of withdrawal is inequitable in this case because it was not competent to Mr Buddell to withdraw if he had felt disposed so to 2o. But the answer to that is

2026-05-20 02:57:45 · Baseline

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296

I and that enfflied by the Covenant of Recumption in the Grown leases, according to the latter "a full and fair compensation " is to be faid" at a valuation fairly and impartially to be mate" by ber Majesty's Turveyor. Now if the

:words had been "at a valuation

to be made by Her Majesty, Surveyor and he had made the valuation, the Contract would have been complete, or if the words had been simfly "at a fair valuation" a Court of Aquity frivate parties could order such a valuation to be made and complete and enforce the Contract. But no

between

legal frocep can compel Her Majestyp Surveyor to make a

valuation at all.

much less to make a fair and impartial one and to fix a full and fair Compensation. "If the mode of ascertainment fail the Contract remains incompliti”. (Fry. Sp: Perf. Secs: 214+217) and as long as there is no concluded agreement, either party may withdraw (Sugden's Vendas f. 132). It may

ungen

that such

hower of withdrawal is inequitable

in this case because it was not

competent to Mr Buddell to withdraw if he had felt disposed so to 2o. But the answer to that is

CO129-136 - Sir MacDonnell - 1869 [1-3] — Page 301

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