CO129-263 - Acting Governor Barker Governor Sir Robinson - 1894 [5-8] — Page 634

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5.-In the year 1893 difficulties having arisen in reference to the apportionment of the said sum of $180,000 among the several owners of the wharves and piers along the line of the Reclamation works then in progress an Ordinance intituled "The Praya Wharves and Piers Ordinance 1893 being Ordinance No. 7 of 1893 was enacted and by such Ordinance it was provided that the Valuers therein named should in manner therein mentioned cause to be prepared a Table of Compensation in which should be entered the names or descriptions of each of the said private wharves and piers along the line of the said Reclamation and the amount allotted as part compensation in respect of each of the said private wharves and piers and it was thereby futher provided that the amounts should be arrived at as follows "From the sum of $180,000 should be deducted the 'Public proportion of compensation' and the fees payable under Section 9 and the balance shall be divided pro ratâ between the said private wharves and piers according to the estimated probable cost of removal and re-erection. after deducting therefrom the estimated amount for structural depreciation." Section 4 of the said last mentioned Ordinance provides that such Table should be published in the Government Gazette and thereupon it should be final and binding on all persons in respect of the amounts to be paid on account of each Wharf and Pier named therein. Section 5 of the said Ordinance provides that there shall also be published in the Gazette a list of the respective persons to whom it is proposed to pay the respective sums mentioned in the said Table. And Section 8 provides that the respective sums published in the aforesaid Table shall be payable as thereinafter mentioned viz. :----

(a) Where the Wharf or l'ier in respect of which such sums shall be allotted is situated in any portion of the said Reclamation actually in course of construction, payment or payment into Court shall be made after the expiration of six months from the publication of the aforesaid Table.

(b) Where the Wharf or Pier is not situated in any portion of the said Reclamation actually in course of construction, such sum shall be paid or paid into Court after the expiration of six months from the date of the commencement of such portion. A copy of this Ordinance is comprised in the Appendix hereto (Appendix Appendix No. 4.

No. 4).

Appendix No. 5.

6.--The Table of Compensation was duly prepared and published in the Government Gazette of Saturday the 28th October 1893 and such Table comprises the Pier belonging to your Petitioners opposite to their Marine Lot No. 184 and the amount payable as compensation therefor is stated therein to be $22,063.79. A copy of this Table is comprised in the Appendix hereto (Appendix No. 5).

7.---Within One Month from the publication of the said Table in the Gazette there was also duly published in the Government Gazette of Saturday the 25th November 1893 a List of the respective persons to whom it was proposed to pay the respective sums mentioned in the said Table and

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in such List was contained the name of your Petitioner "M. J. STEPHENS as the person to whom it was proposed to pay the sum mentioned in the said Table as the compensation payable in respect of the l'ier belonging to your Petitioners. A copy of this List is comprised in the Appendix hereto

Appendix No. 6).

8.-The period of six months from the publication of the aforesaid Table referred to in Section 8 of the said Praya Wharves and Piers Ordinance 1893 expired on the 27th April 1894 but although your Petitioners' Wharf or Pier has been damaged and disturbed by the Praya Reclamation Works now in progress in Section 1 of the Praya Reclamation Works and although the other owners in this and other Sections whose Piers have been disturbed by the works have beon duly paid the compensation awarded to them yet your Petitioners have been refused payment by the Government of the sum so awarded to them as aforesaid. Your Petitioners therefore crave leave to lay before your Lordship the facts relating to the disturbance of the Pier and the refusal of the Government to pay the compensation in order that your Lordship may direct that relief be granted to your Petitioners under the circumstances here set forth. Such fets are as follows :-

9. During the month of November 1891 the works in connexion with the construction of the Reclamation of the said Section No. 1 were boing carried out close to the Eastern boundary of your Petitioners Pier and the laying of the pierre perdu foundations in the work of reclamation damaged and disturbed a great portion of the Pier. Such portion of the Pier was soon afterwards removed with the consent of the Government and is coloured "Red

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Appendix No. 6.

on the plan comprised in the Appendix hereto (Appendix No. 1). Appendix No. 1. The remaining portion of the Wharf not yet removed is coloured Blac on the said plan. From this your Lordship will see that the whole of the Pier was in consequence of the construction and progress of the works of the Reclamation rendered quite useless for the purposes for which it was built and has since had no varning power whatever as no Steamers cau now come alongside the Wharf. The portion coloured blue is simply used temporarily by some of your Petitioners Chinese customers for packing sugar for which no charge is made.

10.-On the 19th September 1891 finding the works of the Reclamation would soon necessitate the removal of the greater portion of the Pier your Petitioner THOMAS HOWARD wrote to the then Acting Colonial Secretary the Honourable W. M. GoouMax the letter of that date set out in the Appendix hereto (Appendix No. 7) and in reply | Appendix No. 7. Mr. HOWARD received the letter of the 24th October following from the Acting Colonial Secretary (Appendix No. 8) in which as regards the Pier Appendix No.8. he stated that if the Wharf or Pier is removed your Petitioners would be entitled to claim a proportion of the sum not exceeding $180.000 ser apart by the Ordinance for compensation for such removal and that the Government then invited them your Petitioners) in anticipation of such removal to make such representations as to the amount eventually to be paid to them and otherwise as they (your Petitioners) might think fit.

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