78
the conversion of our Marine Lot No. 184 into an Inland Lot by the Praya Reclamation coming in front thereof; and that, notwithstanding it is more than ten weeks since the Colonial Auditor verified the figures upon which our claim is based; and that the Government is in the full knowledge that our damage commenced as far back as the 4th November, 1891, nearly seven years since; and that our loss of rentals for the last eight months amounted to the large sum of $5,779.58.
If the Marine Lot owners had so damaged our property without any Reclamation Ordinance, the Courts of Law would have been open to us to obtain immediate redress, and I fail to see any reason why Crown Lessees should be in a worse position with the Governor who is empowered under the Reclamation Ordinance to deal with claims.
I have the honour to be,
Sir,
Your obedient Servant,
The Honourable T. SERCOMBE SMITH,
Acting Colonial Secretary.
THOS. HOWARD.
79
657
To that end I gladly accept the suggestion of His Excellency to meet the Acting Attorney General and the Director of Public Works at any time that may be appointed.
I have the honour to be,
Sir,
Your obedient Servant,
THOS. HOWARD.
The Honourable T. SERCOMBE SMITH,
Acting Colonial Secretary.
ATTORNEY GENERAL'S CHAMBERS,
HONGKONG, 6th October, 1898.
DEAR SIR,
Marine Lot No. 184.
Would you kindly let me know whether it would be convenient to you to meet the Director of Public Works and myself at the Attorney General's Chambers and discuss the above matter to-morrow, Friday, afternoon at 2.15.
No. 1820.
SIR,
COLONIAL SECRETARY'S OFFICE,
HONGKONG, 30th September, 1898.
Marine Lot 184.
I am directed to acknowledge the receipt of your letter of the 19th instant, and in reply thereto His Excellency the Officer Administering the Government desires me to assure you that he would be very glad if some speedy settlement of all matters in dispute could be arrived at.
His Excellency directs me, however, to state that the Government is not prepared to resume your Lot or take over your Godowns, and that the Government altogether disputes the contention which you put forward in your letter of the 29th ult., that your godowns will be useless after Marine Lot 184 has become an Inland Lot; on the contrary it would appear probable that your godown business can be carried on as effectively after the Reclamation has been completed as it was before.
His Excellency would suggest that you should confer with the Acting Attorney General and the Director of Public Works in order to see whether some satisfactory settlement of this matter cannot be arranged.
I have the honour to be,
Sir,
Your most obedient Servant,
T. SERCOMBE SMITH,
Acting Colonial Secretary.
HONGKONG, 4th October, 1898.
Marine Lot No. 184.
I have to acknowledge the receipt of your letter of the 30th September, and am pleased to have the assurance of His Excellency that he would be glad of a speedy settlement of all matters in connection with our Marine Lot No. 184.
T. Howard, Esq.
DEAR SIR,
I am,
dear Sir,
Yours faithfully,
HENRY E. POLLOCK.
ATTORNEY GENERAL'S CHAMBERS,
HONGKONG, 15th October, 1898.
Marine Lot No. 184.
If you can call in for a few minutes this afternoon, I should like to discuss with you further the question as to the basis on which compensation should be paid to you.
T. Howard, Esq.
DEAR SIR,
I
dear Sir,
Yours faithfully,
HENRY E. POLLOCK.
ATTORNEY GENERAL'S CHAMBERS,
HONGKONG, 22nd October, 1898.
Marine Lot No. 184.
Upon turning this matter of compensation over in my mind, it seems to me that, upon the face of your own figures showing the rate of profits made by you in the godown business, it would be unreasonable to expect the Government, even if it were willing to buy you out of your godown business, to allow you to capitalize those profits at the rate of 6 per cent. only.
Your land and godowns together originally cost you $101,000, and your profits from the business have amounted to very much more than 6 per cent. on that original capital of yours, even in the worst years.
Page 660
Page 661
78
the conversion of our Murine Lot No. 184 into an Inland Lot by the Praya Reclamation coming in front thereof; and that, notwithstanding it is more than ten weeks since the Colonial Auditor verified the figures upon which our claim is based; and that the Government is in the full knowledge that our damage com- menced as far back as the 4th November, 1891, nearly seven years since; and that our loss of rentals for the last eight months amounted to the large sum of $5,7 79.58.
If the Marine Lot owners had so damaged our property without any Recla mation Ordinance, the Courts of Law would have been open to us to obtain imme- diater dress, ad I fail to see any reason why Crown Lessees should be in a worse position with the Governor who is empowered under the Reclamation Ordinance to deal with claims.
I have the honour to be,
Sir,
Your obedient Servant,
The Honourable T. SERCOMBE SMITH,
Acting Colonial Secretary.
THOS, HOWARD.
f
79
657
To that end I gladly accept the suggestion of His Excellency to meet the Acting Attorney General and the Director of Public Works at any time that may be appointed.
I have the honour to be,
Sir,
Your obedient Servant,
THOS. HOWARD.
The Honourable T. SERCOMBE SMITH,
Acting Colonial Secretary.
ATTORNEY GENERAL'S CHAMBERS,
HONGKONG, 6th October, 1898.
DEAR SIR,
Marine Lot No. 184.
Would you kindly let me know whether it would be convenient to you to meet the Director of Public Works and myself at the Attorney General's Chambers and discuss the above matter to-morrow, Friday, afternoon at 2.15.
No. 1820.
SIR,
COLONIAL SECRETARY'S OFFICE,
HONGKONG, 30th September, 1898.
Marine Lot 184.
I am directed to acknowledge the receipt of your letter of the 19th instant, and in reply thereto His Excellency the Officer Administering the Government desires me to assure you that he would be very glad if some speedy settlement of all mat- ters in dispute could be arrived at.
His Excellency directs ine, however, to state that the Government is not prepared to resume your Lot or take over your Godowns, and that the Government altogether disputes the contention which you put forward in your letter of the 29th altino, that your godowns will be useless after Marine Lot 184 has become an Inland Lot; on the contrary it would appear probable that your godown busi- ness can be carried on as effectively after the Reclamation has been completed as it was before.
consideration that His Excellency would
should confer suggest for your with the Acting Attorney General and the Director of Public Works in order to see whether some satisfactory settlement of this matter cannot be arranged.
T. HOWARD, Esq.
SIR,
I have the honour to be,
Sir,
you
Your most obedient Servant,
T. SERCOMBE SMITH,
Acting Colonial Secretary.
HONGKONG, 4th October, 1898.
Marine Lot No. 184.
I have to acknowledge the receipt of your letter of the 30th September, and am pleased to have the assurance of His Excellency that he would be glad of a speedy settlement of all matters in connection with our Marine Lot No. 184.
T. Howard, Esq.
DEAR SIR,
am,
dear Sir, Yours faithfully,
HENRY E, POLLOCK.
ATTORNEY GENERAL'S CHAMBERS,
HONGKONG, 15th October, 1898.
Marine Lot No. 184.
If you can call in for a few minutes this afternoon, I should like to discuss with
you further the question as to the basis on which compensation should be paid to you.
T. Howard, Esq.
DEAR SIR,
I
dear Sir,
Yours faithfully,
HENRY E. POLLOCK.
ATTORNEY GENERAL'S CHAMBERS,
HONGKONG, 22nd October, 1898.
Marine Lot No. 184.
Upon turning this matter of compensation over in my mind, it seems to me that, upon the face of your own figures showing the rate of profits made by you in the godown business, it would be unreasonable to expect the Government, even if it were willing to buy you out of your godown business, to allow you to capital- ize those profits at the rate of 6 per cent, only.
Your land and godowns together originally cost you $101,000, and your profits from the business have amounted to very much more than 6 per cent, on that original capital of yours, even in the worst years.
Page 660Page 661
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