CO129-542-3 Foreshore and Sea-bed Works Bill- correspondence 9-1-1933 - 16-8-1933 — Page 101

2.

lot

notify the Director of Public Works that he desires a

reference to a judge; and the Governor shall thereupon

refer the claim with the particulars thereof to one of the

judges.

This provision will preclude the claimant from altering

or adding to the particulars of his claim if they are referred

to a judge; although obviously, for the purpose of a settle-

ment, the claimant might be prepared in the first instance,

to save expense, to suggest a compromise figure to the

Director of Public Works, and would also probably refrain

from going into the exact nature of his claim from a legal

point of view. If there is a reference to a judge the

claimant would naturally desire to take all practicable

measures to substantiate, and also to go more fully into the

legal aspects of, his claim but apparently he would be unable

to do this under the present Bill.

The Bill is expressly drafted with a view to throwing

the onus on the claimant of showing any right to compensation

assuming that the Ordinance had never been passed, and it

is therefore of the utmost importance that he should be able

to present his case on the reference in as full a manner as

possible: this, however, might be unnecessary and a needless

expense in putting forward the original claim. The Legal

Sub-Committee is therefore of opinion that provision should be

made for a claimant to put forth his case on the reference

in such a manner as he may choose.

As pointed out above, the claimant must prove his legal

right apart from the Ordinance, and this will raise most

important legal questions regarding the rights of riparian

owners. In the opinion of the Legal Sub-Committee, it is