CO129-235 - Public Offices - 1887 — Page 481

479

I am to trammit the accompanying copy of the opinion of the haw Officous of the brown on the question, which

should be communicated to the tank so far as his claim to have a leave of the reclaimed land is concerned.

I have the honor to be

dar

Your obedient Servant Ald, R. Lawson Scott.

For lf. 7._

ống trong 8

105..

Copy opinion

1. Upon the facts before

Les

11S12

FEGP 18 JUN 87)

we are

unable to come to the opinion that the bolonial fovernment has, under the terms of The Lease, the right to resume possession of the Marine Lots 20 and 21. There is no

sufficient evidence before that the purpose for which A is desired to resume possession of

of these Lots is for the improvement of the Colony, or other public purpose whatsoever. - 2. From the papers and from what

for any

wo

passed at the consultation

we

gather that the "building covenant on page 2 of the Lease obliging the lessee to build a certain class of house within 12 months has been satisfied. Assuming this to be

po, there is

opcision, the land, nor as to the

no restrichon

upon

in our

mode of occupation of any buildings the con except the covenant as to obnoxious trades

t, 3. On the evidence before us W Sharp has no

no valid claim to the lease, or grant of any foreshore or so called reclaimed

in front of the altarine Lots. but the land is described in the dease as

land

abutting

on

the

21

sea at high water mark, no works can be executed on the foreshore which would sheet

The Loto from to which MTSharp has a right of

off

the

dear,

access.

4. The case is one in which, if the fovernment

really require the land, be made,

as we see.

Mourts of Jus compulsorily.

27th May 1887-

some arran

ugement should great difficulty in taking it

(sd) Richard Webster (4) Edward Clarke