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See plan page 284.
See plan page 29.
priated to the erection of a battery. No cutting therefore, by which this would be jeopardised, could possibly be sanctioned.
The portion resumed ran up almost perpendicularly forty feet, and a very small cutting would have brought down the War Department stones, which were close to the edge of the cliff. The ground therefore, being wholly unavailable, and at the same time carrying a Crown rent of 852.54 per annum, was not only absolutely valueless, but an incumbus. It also constituted an element of danger to buildings in front upon which a landship might at any time descend, destroying the houses thereon. This must have occurred sooner or later from the inveterate habit of the Chinese to undermine hills of this red earth to obtain material for mortar used in building; and for safety it would have been indispensable to employ a watchman constantly. This would have cost $72 per annum, which, added to the Crown rent of $52.54, would be $124.54. This amount capitalised at 5%, would be $2,400 making, with the allowance of .40 cents, a total advantage to Mr. Chater of .82 cents per foot. This was exactly the price which the balance of the lot fetched when sold by auction by the Mortgagee on 27th August following. Mr. Chater, moreover, being a Mortgages in possession, was anxious to close his account, and being able to realize the balance of his mortgage money by the sale of the remainder of the lot, accepted the offer of the Surveyor General.
The case of Inland Lot No. 671 is altogether different. This was originally sold on 28th of June, 1861 and the buyer having refused to pay the premium and repudiated his bargain, the lot was offered again on the 7th January 1862 when, not only was the plan of the road at the south of the lot exhibited at the auction by the auctioneer Mr. Norris, but the Surveyor General, the Hon. C. St. Goo. Cleverly, who attended officially at the sale, took great pains to assure the public and especially the purchaser that the road would certainly be made by the Government. Had this not been made clear, the purchaser would not have paid $2,000 for the piece of ground which had no level area at all. The same promises had been made by Mr. Cleverly the Surveyor General when the Marine Lots Nos. 177 to 183 were sold on 28th June 1801, viz: that the filling in would be permitted to be made from the hill Lots Nos. 670 to 676 simultaneously sold. Had not this clear undertaking been given by the representative of the See dotted lines in tracing of Government neither Marine or hill lots would have found a buyer. Government Sale Plan No. 48 of 28th June, S61, page 10.
This was again and again repeated years afterwards. Of these facts your Petitioner is able to bring the evidence of those who were present with him on the occasions above referred to, and who from having been formerly interested in the properties in question have good reason clearly to remember the circumstances.
See plan page 22A.
A portion of the road was eventually made in 1866. Subse- quently it was prolonged. Upon Mr. Sharp's remonstrance dated 1st October 1875 fresh orders were issued by the Government, men were once more set to work, and the Colonial Secretary, the Hon: C. C. Smith, wrote by direction of the Government on the 11th October that "the road, on the absence of which you base your claim, is at the present moment being made." From time to time since a little further work has been done. No sooner however was formal notice given of the intention to cut the hill, than notice was immediately served upon Mr. Sharp of resumption of the land.
Had the Government performed their promise of making the road at the South of Inland Lot No. 671 Mr. Sharp could have levelled his ground back to the road and thereby doubled its value to $3 per foot. At the very time also of the resumption the Crown Lessee was in the most urgent need of the material of which the hill is composed
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