CO129-136 - Sir MacDonnell - 1869 [1-3] — Page 303

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

2989

But in this case not only the Machinery of the Act wanting for ascertaining the value, but the only method provided by the Brown Lease for that purpose is one which Court could adopt were it called upon to compel the completion of such purchase after notice to rescind. (Milnes v. Brey 14 Ves. 400 Fry on Spec: Perf 95.) On these grounds I am disposed to think that the decisions as to the withdrawal of a notice under the Lands Clauses Act do not apply to the present case.

If this view of the Law be correct the only question which arises is whether Her Majesty's Surveyor had at the date of the withdrawal of the Notice of Resumption, fixed "a full and fair compensation"? As against Ms. Duddell the answer is to be found in his memorial of the 28th December 1857. In that document Mr. Duddell affirms that the compensation fixed was not "full and fair". If the Contract was still incomplete and it was competent to the Government to withdraw.

The only point which presses on my mind is whether the Government having in the commencement adopted the price

Edit History

2026-05-20 02:57:54 · NVIDIA / meta/llama-4-maverick-17b-128e-instruct

Live

View comparison

AI Proofread

2989 is But in this case not only the Machinery of the Act wanting for ascertaining the value, but the only method provided by the Brown Lease for that purpose is one which Court could adopt were it called upon to compel the completion of such purchase after notice to rescind. (Milnes v. Brey 14 Ves. 400 Fry on Spec: Perf 95.) On these grounds I am disposed to think that the decisions as to the withdrawal of a notice under the Lands Clauses Act do not apply to the present case. If this view of the Law be correct the only question which arises is whether Her Majesty's Surveyor had at the date of the withdrawal of the Notice of Resumption, fixed "a full and fair compensation"? As against Ms. Duddell the answer is to be found in his memorial of the 28th December 1857. In that document Mr. Duddell affirms that the compensation fixed was not "full and fair". If the Contract was still incomplete and it was competent to the Government to withdraw. The only point which presses on my mind is whether the Government having in the commencement adopted the price

Baseline (Original)

2989 is But in this case not only the Machinery of the Set wanting Act for arecrtiming the value, but the rely method provided by the Brown Lease In that furfiose is one which Court could adeft were it called a base upon to compel the conflation f ench purchase after notice to reemme. (Milnes &. Brey 14. Nes. 400 Fry on Spec: Perf 95.) On these grounds I am disposed to think that the decisions as to the withdrawal of a notice muder the Lands Clauses Act do not apply to the present care. A this view of the Law be correct the only question which arises is whether Her Majesty's Surveyou had at the date of the withdrawal of the Notice of Resumption, fixed "a full and fair compensation? As against Ms. Duddell the answer is to be found in his memorial of the 28th December 1857. In that Dreument Mr. Duddell affirmes that the compensation fixed so, was not "full and fair". If the Contract was still incomplete and it was competent to the Government to withdraw. The only point which presses on my mind is whether the Bovernment having in the commencement adopted the price DI

2026-05-20 02:57:54 · Baseline

View content

2989

But in this case not only the Machinery of the Set wanting

Act

for arecrtiming the value, but the rely method provided by the Brown Lease In that furfiose is one which Court could adeft were it called

a base

upon to compel the conflation f ench

purchase after notice to reemme. (Milnes &. Brey 14. Nes. 400 Fry on Spec: Perf 95.) On these

grounds I am disposed to think that the decisions as to the withdrawal of a notice muder the Lands Clauses Act do not apply to the present care.

A this view of the Law be correct the only question which arises

is whether Her Majesty's Surveyou

had at the date of the withdrawal of the Notice of Resumption, fixed "a full and fair compensation? As

against Ms. Duddell the answer is to be found in his memorial of the 28th December 1857. In that Dreument Mr. Duddell affirmes that the compensation

fixed

so,

was not "full and fair". If

the Contract

was

still

incomplete and it was competent to the Government to withdraw.

The

only point which presses

on my mind is whether the Bovernment having in the commencement adopted the price

CO129-136 - Sir MacDonnell - 1869 [1-3] — Page 303

Edit History

Comments

Private Research Note