oed in May, 1894. The rent for 1993-1894 was $498. Assessment came in July of 1894. I do not know what amounts were sent into the assessor; Mr. Maitland had oharge of that. I do not know anything about the basis on which the assessor determines the amount of each axsess- ment; bat, in any event, the amounts that we tarn in and the amounts on which we pay are often different things. As for instance, in this eise, where you say that his books show for 1892-1893 a valuation of $240 for each house, or $480 for the two, and last April $14) for each I do not know of the two or $280 for the two. what the difference is between what I paid on and what I returned because that part was ar. raged by my a000 intant. Tos. thess figures I have here have been prepired by our accountant, Yes, of course, if you succeed in showing that an average of $373 per annum is as much rental as we could reasonably hope to get, instead of the 854), it would make a diffrence ta amount of the claim we are entitled to. We make no allowance for empty rs, siuos that is partly considered in the price of rent. We have occasionally been allowed the rebate in taxation for such vacancies, specified in the Or- dinanoe. We have not converted thres storied houses into six by mezzanine fors; the houses were as they now are when we cams into posses- sion of them; hat I have never been inside thm. I believe there are only 6 feet 11 inches batwson the floors instead of the 11 feet you inquire about. By His Lordship (to the Attorney-General}- And yet the officers connected with the Govera- ment, having this matter in charge, have allowed this state of things to go on.
The Attorney-General-Yes, your Lordship, there are lots of broaches of the law occurring all the timus. of which wa are ignorant, but when we do find them we bring them up for punish- mut. (Addressing wituess). By your pattin c in or having in extra floors you have increased your rent and have thas added to the valus of your property,
Mr. Bird-I do not think it has made so very much difference, for we should, under th Or tiaauce, be allowed to extend the floors half across at least and it may be mɔrə, and in any dass banks could be swang in.
The Attorney-General-At how much do you valua the houses?-( value the houses at $2,093, and the difference between that and the 86,110,
or $4,020, represents the valu of the site.
The Attorney-Goneral-How do you arrive
at the capitalisation of your property?
31
Me. Bird-It is substantially the 201 that outlined by Mr. Dacoa. I do not insura the foulation, because it would not suffr materially in a fire. I consiler 2 per cout. ample allowance for repairs aut for keeping that class of property in repairs. I think 3) per osat, for repairs is excessive.
The Attorney-General-How is it that assessors, who generally value property at a pro. per figure, have in this instanca m119 the valus. tion even lower than pour owa firaras ?
Mr. Bird-I do not know. Harrives at his pesuits in his own way, but I have always found him fair.
The Attorney-General ---According to the 831914or, the last valuation is $13), and thit should be a fair valus of the prop irty.
Me. Hird-As I have already explained. what wo rotura as the rental valu of the property and what we pay on arɑ twi lif rout things.
Hy His Lordship- wish wa hai the returns
It would sava so much time and troubl».
The Attorney-Gm+ral - Your Lordship. I have bean trying to And those returas, but w Baam not to by able to dilang trio of them.
By Mr. Dooon-You have, do you not. twy forms seat you to fill called A and B and in A the total rent is asked by the ass!
Mr. Bird do not know. My clerk atten Is to that.
By His Lewdship-If you we asked to buy a house in which there were pi to bi vicint rooms, wald you not take snod int, considəra- tion in firing the vilas of the house ?
Mr. Bird-We mike no delaction for vacant rooms; in making loans we land only 75 pr sent. of the value
The Attorney-General¬Inw dil you cons into possession of this property ?
Mr. Bird-We got the property by the min's
leaving the colony.
sure that
The Attorney-Guoral-Yarз the loan was got made at valuation so ex 1938ive as to be in dager of getting the property P Aud did he not disappear because he got tap price for th property ?
Me. Bird-No, ho got into som › troubla, The Attorusy-General-D you not charge 5 per cent. far collection of rentals ?
Mr. Bird-Yag.
By His Lordship-How many months' rent did yon collect bofore he left ?
#1
Mr. Bird-I cannot tall from memory.
* !
Mr. Francis Maitland, the accountant of Messrs. Linstead and Davis, of which firm Me, "Bird is the senior partner, was then called
and tostifad that ba witness.
firm for eight kept the books of the years and that the first entry concarding this piece of property was 14th Nov., 1991. Thi hop of No. 56 was reated for $10 per mouth. Daring the period in question the house8 had earned routs at ap avaraga of $33.29; bat, if the $60 were added, that was dus on the place when it came into their passion, the catal would average $39; but daring that time there was less by todants ranging away on acout of the plague, miking another $1 or $5). The 1893 and 1894 retaras were given early in 1893. During the last two or thre years we have not returned forms to the assassne, on aco unt of the large number of pieces of property and the extra work it would g.ve the astassor. but I have taken my books and laid them before him and he has taken his memoranda therefrom with my written statement and has entered the figures on a this long book of bis, and if I could say that book I could identify the data that ha espiad off. I swear that I have truthfully given all our I do not rentals straight from the reat rolls. remember filling out form A during this time, since all the information was takin straight from our books. I think the assssment is made so low on sooount of the numerous vacancies we had and the auusually low rentals received. We have had no reason to complain of any rate assessed by the assessor.
His Lordship-We cannot go by this state, ment of the assessor, because it is his own valua- He fixes the valge tion and not that returned.
at $250, but says nothing of the actual rental.
The Attorney-General--Four Lordship, the Ordinance says the ratable value shall be that value at which it may be reasonably expeted to rent, less a possibls 13 per cent. for vacancies.
The assessor's memorandum book was then produced in court, identified by the witness, and the Attorney-General proceed d with the ex amination. Several hypothetical cases were then taken up to determine the value of the property A number of ques on certain bises of rontal tions were also put that brought out substantial- ly the same results and answers as had already hoon secured.
The Attorney-General theu took ap his arga, meat and showed wherein he considered the method of determining valuation by routal alone to be defective, and dissecting the er duce of the plaintiff showed how the am sunt that the Government offered, in his estimation, was really in excess of the value of the property, His plan to determine the value of the property was 1st, to determine the value of the site, from a comparison with the value of surround- ing land; ud, to fix the value of a house such as that standing on the lot; 3rd, then deduct the various items that
new
be considered as offsets, such as wear and tear and the other items already mentioned, gad to establish all these points by systematic method and evidence. He objected also to the idea of calling leasehold freehold ander any air- cumstances. In a long analysis of his position, supported by the evidence of Hon. F. A. Cooper, Director of Public Works, and others, he claimed that the Government had made a liberal offer for the property.
His Lordship then said that now that most of the preliminary considerations had been gone through with, the sises could be rapidly disposed of, and that all it would be necessary to do would to determine the rents actually received aud then come to some decision as to the namber of years' purchase and the rate of interest to be allowed; and that to-morrow he would finish this onse and casos 5. 9, 10, and possibly 1, 3, 20, 444 4 would be reached.
555
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