CO129-240 - Public Offices & Others - 1888 — Page 469

458

it would have been clearly shown that this building plan inasmuch as the buildings at the Northern wo of the lot actually measure 121 feet, as admitte by Mr. Danby, which is one foot in excess lease measurement.

was not carried out in buildin

of the

I may be allowed further to call your dirdi. attention to the fact that Lieutenant Johnstone. the Royal Engineers was instructed by the Cow to set out the boundary line in accordance w the Decree. He did so, and his Report states, the giving 100 feet wide (the lease measurement to Marine hot No. 184. did not leave hot te with less than correct dimensions -

But for some reason I cannot explain no understand, Lisuteuaut Johnstone's Report & not accepted by the Court.

The line has also been set out by the Surve General, by Mr Hancock in the Surveyor Gond Department, and by Mr. Bird of Messre Bird v Palmer, Architects and Surveyors, who all, their Plans, show that the buildings belong. to the Owner of Marine Lot No. 185. extend beyond the boundary line indicated in the Decree and the Lease, and consequently, the ground in dispute outside those building could never have been included in a pris grant

as claimed

From the correspondence it will be 120 that the whole of this difficulty has arise from the Supreme Court accepting

the

toas

unsupported statement of Mr. Danby, who formerly in the Surveyor General's Department, in preference to the evidence of the Surveyor General himself the Honorable I. M. Price and his staff, and other Surveyors ; but with what justification your Lordship will be enabled to judge from the Copy of Mr. Danby's latter to Mr. Gillies (see page 10. of accompanying enclosed Copy correspondence) in which nothing less than a grand of Government ground is suggested, to the extent of 3.152 73.152 Square feet, which at the rate the Government have offered to pay me for the 339 feet in dispute, Amounts to more than $15,000.

In conclusion I desire to state that this

Inpinction lasted 287 days, which at $30.

per day, the penalty named in my

building contract, amounts to a loss of $8.610. the greater part of which could have been avoided if the Chief Justice would have allowed Mr. Danby himself to the Southern Boundary in the presence. of the Registrar, for he would have seen

105

measure

that the actual measurement was 102 feet 5 inches instead of given by Mr Danby-

feet

only

as

Anxiously awaiting your Lordship's favourable consideration of this matter- am, My Lord,

Jan

Your Lordships most Obed! Ferst

Matthew. 1. D. Stephens

The Right Honorable

The Secretary of State

for the Colonies.-