CO129-266 - Governor Sir Robinson - 1895 [1-3] — Page 551

as Coin-

was also adopted by myself set for the Government. Section to (8.8. d) of Ordinance 8 of 1894 lays down that every award of the Board shall - stake in respect of what interest,

1, right, casement or otherwise it the amount. of compensation ! is awarded, and also the persons to whom it is payable and it appeared impossible for the

arbitrators to make the statement re

-quired of theur unless they had dus I proof of title.

The Board, however, decided

that it would not concern itself in

any way with investigating titler,

that it would make its awards to

the

owners of the property

• property and that it would remain for the Government 10. determine who such owner was

and, in the

in the case of dispute ariving, to apply to such Court as would be to consider that question. It proper further decided that, es far as the Bourd

547

Board was concerned, it had only to

look into and determine the value.

of the property and the amount compensation to be given

Jo

of

chavner

however,

1 vide "Daily Press of 27th December 1894). This decision, whilst it unduly shifted the ones of determininghtles on to the Government, will, have no serious effect as the Crown. Solicitor will require the delivery of the title deeds, etc., before clacius are paid and will look into title, and this, couples with the wording of the Ardinance (section 12/ and of award, will afford protection and, it is trusted, prevent

errors in paying prevent errors in

to the wran

wrong persons.

the

Besides finding or difficulty in

cemailing

this décision with the

wording of section 15 already referred

to, I eubmit, with all deference, that the decision revealed a tendency to sacrifice a good deal at the altar