Sessional_Paper_1886-1887 — Page 521

APPENDIX TO REPORT FROM THE LAND COMMISSION OF 1886-87.

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either of the plans or to the measurements that are in dispute. Mr. HANCOCK's evidence was based entirely upon the lease measurements of a large block of ground which had been sold to various parties without taking into account the dealings which had taken place with regard to the land in the meantime. This might have been very conclusive had the ground remained unbuilt upon, but I do not think that we can rely entirely upon lease measurements where the ground has been built upon with the assent, express or implied, of the Government and the adjoining lot owners. Even admitting him to be correct in his assumptions and his measurements, which appear to have been made from West to East, I cannot agree with him that it amounts to an assumption, far less to proof, that there was an encroachment at any time by the Owner of Lot 184 on Whitty Street. The block in question now consists of Marine Lots 184, 185, 186, 205, 204 and 198 running along the Praya in the order named from West to East. The first reference to these Lots that was produced in evidence was in a Sale plan which was headed " Plan of Sale of Crown Land for Sale by public auction 28th June, 1861, and following days," signed by the Surveyor General and approved by the Governor.

From that plan it would appear that Lots 184, 185, 186 were, amongst other Lots, to be offered for Sale. Lots sub- sequently sold as 204 and 205 were marked Ochterlony Battery and the Lot subsequently sold as 197 was marked as reserved. These Lots all appear to lie between two Streets, one on the East and one on the West, with a Street through the middle between Ochterlony Battery aud Lot 186, having the Praya on the North and Lots No. 184, 185, 186 having a road at the South, Ochterlony Battery having some reserved Land at the South and the Lot subsequently sold as 197 having another Road considerably further back from the road marked as the Southern boundary of 186 and 187 called Battery Road as its Southern boundary.

It must, however, be observed that these boundaries were not actual boundaries but simply boundaries marked upon the plan and there appears to have been no boundary actually in existence when this Sale plan was made, although the measurements of Lots 184, 185 and 186 are given on the North, South, East, and West on each Lot.

Lots 184, 185, 186 were sold shortly after at or about the same time. There purports upon the Sale plan to be a Street on the East of these Lots, a Street on the West, the Praya on the North, and a public road on the South, when in fact, as appears by the plan itself, there could have been no Streets, Praya, or public road, the plan showing low water mark and high water mark as being well inside the lots and the hill coming down where the public road should have been at the back.

How these lots were measured we have no evidence to show, but it could not under the circumstances I should imagine have been very accurately done. There seems to have been a point stretching into the sea at Ochterlony Battery beyond the extent of the proposed Praya at low water, and I presume the Northern measurements were taken from a point on Ochterlony Battery, which stood above the low water mark and almost on a level with the inside of the proposed Praya, by boat.

The Leases for Marine Lots 184 and 185 were granted to the same purchaser on the 22nd October, 1861, and for Marine Lot 186 on 2nd November, 1861. The boundaries given on the Leases are the same as mentioned in the Sale plan.

No evidence has been given as to when the Praya was made nor as to when the Streets on the East and West sides of Lots 184, 185, and 186 were laid out, nor as to when, if ever, the proposed road on the South side of these Lots connect- ing with the Streets on the East and West side thereof was made, nor has any evidence been given as to what took place on the purchasers entering into possession.

On 25th February, 1862, a Lease was granted of Marine Lot 198 which was marked as reserved on the Sale plan of 28th June, 1861, which afterwards, owing to the abandonment of the road between Ochterlony Battery and Lot No. 186, became the Westernmost portion of a larger block of land than the original block which had as its Western boundary the Western end of Lot No. 186.

By the 16th November, 1864, it seems to have been decided to sell Ochterlony Battery, to do away with the road between Ochterlony Battery and Lot No. 186, and to remove the road which was to run at the back of Lots 184, 185, 186 and to make it a continuation of the road at the back of Marine Lot 198, which was to continue along the Southern boundary of Lots 205 and 204, as on a Sale plan of that date signed by the Surveyor General and approved by the Governor I find that Battery Road is extended to the South Western end of Lot No. 184, and that the former site of Ochterlouy Battery extending it back to Battery Road and including the road between Ochterlony Battery and Lot No. 186 was to be offered for Sale by auction in 2 Lots, Lots No. 204 and 205 as well as the portions of Land South of Lots 186, 185 and 184, lying between those lots and the proposed extension of Battery Road.

Lots 204 and 205 were sold and Leases of them were granted to the same purchaser on the 4th March, 1865, but the other pieces are marked on the Sale plan as withdrawn.

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