March 6, 1895.1
CHINA OVERLAND TRADE REPORT.
allowed costs. He admitted that the costs were able difficulty ju settling cases, and there were of course under the absolute control of the only two cases in which costs had been allowed. Board; the Ordinance was very full and Mr. Deacon said the Attorney-General really complete on that point. But a judicial implied that because a man had made a larger discretion must be exercised judicially, claim than the amount awarded he ought to be and he confidently submitted that the Board punished, and should not get his costs. But a could not without some reasou deprive the man could do no more than act according to claimant of his costs. In default of any the very best advice he could get and he other rule being before the Board the Board must come into Court when he was advised must gather a rule from one of the procedures that his property was worth more than the Go in England. The point was which was the rule vernment offered. On Thursday the Govern-presenting the to follow ? The true test was, what has the claiment made a very much worse case. The claim mant got ? Has he got more than the Govern- in one case was $11,700, the Government offered ment offer? If he has he thought the Board $1.003 which was increased to $1,500, and the should follow the Land Clauses Act 1849, and the award was $8,000. Housing Act 1899. The parties were forced to come into Court, and would not have sold their land unless they had been compelled.
His Lordship—You are not brought here. Mr. Deacon-We must come here unless we Want to lose our money.
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His Lordship-The lease was not in that case brought under the notice of the Director of Public Works!
Mr. Deacon-Mr. Dennys tells me that two mouths ago it was brought fully to his notice.. It is within the Board's knowledge that there His Lordsbip-You can settle with the Direc-bave been very big differences between the offers tor of Public Works.
and awards. If claimants have made mistakes Mr. Deacon-That is what we have done, but the Government has made mistakes at least £8 when the Government says "No, we won't give | bad. you what you want" what are we to do? The His Lordship-We are not called up at this claimants were obliged to come into Court; they late hour to lay down ang principle. We decide could not help themselves. We thought Mr. these cases on their merits, and on first consi- Cooper's offer too low, as it has been in a large deration we thought there had been some exag majority of the cases which have come before geration as to claims put in, and therefore we this Beard, The general rule is that costs were not willing to decide the question of costs follow the event. That is my position to-day; before hearing the parties. I cannot approve
have obtained the verdict.
of anybody putting in an exaggerated statement, but I do not think that matter comes into the question here, and we have been considering these three cases on their merits, and have care- fully weighed the arguments brought before We think that, taking all the facts into consideration, we shall allow costs.
His Lordship-That is the difficulty of the Board. Has the party succeeding a right to get his costs? Can you say that you succeed when the Government offer you $13.200, yon claim $19,000, and you only get $13.600.
Mr. Deacon-Yes, I do sy so. Who is to lay down the line and say "Unless you get so much for your property you shall not get your costs "P Every man has a right to get as much as he cau, His Lordship-l distinctly deny that. No man has any right to demand more than he thinks his land is worth. If we saw that parties were trying to get, not how much the land was worth, but as much as they could, we should stop it.
us.
CLOSING THE BUSINESS OF THE BOARD.
His Lordship said Mr. Attorney and goutle men, as the claim which has just been dealt with is the last which this Board has to decide we think it may be both nseful and interesting if before we close our sitting we submit a brief sketch of the work which this Board has accom- plished. The Board was constituted by Ordin- ance No. 8 of 1891 That Ordinance enacted among other things that certain lands fully set ont in the schedule to the Ordinance should be resuined as from the 1st June last, and consti- His Lordship-I am afraid it has been con-tuted a Board-one member to be approved by tended in some cases before us,
II. E. the Governor, one to be elected by the Mr. Deacon-I do not want to be misunder. [uuofficial members of the Legislative Council,
Mr. Deacon-Yone lordship, I hope, dis tinetly understands that I am not suggesting or contending for a momeut-
169
sum awarded was $79,000, the lowest $230. (Here follows a list of the awards.) We never thought that our task would be an easy or acceptable one, as on one hand we had a large body of claimants. who having their land and houses taken from them against their wish were striving to obtain as much as possible for the property of which they had thus been deprived, and on the other hand the Government officials, who as guardians of the public purse and re- taxpayers were naturally animated by the desire that the claimants should obtain only the strict market value of the property. To have given satisfaction to both parties under such op: osing circumstances was simply impossible, and not to have made some mistakes in fixing the value of these large numbers of houses was equally beyond our powers, but we think we may fairly say that on all occasions we have done our best, and taken every circumstance into consideration in order to arrive at and to fix a full and fair compensa. tion for the land resumed. No doubt there are some who having purchased their property at a time when the market for land was high, or who placed too high a value on land in Taipingshan, believe they have been barsbly dealt with and have not received the full value of their property, but we would ask them to remember that the returns of rent for the last three years all showed that that neighbourhood had been losing some its former popularity, and the instances which we have met with of houses or floors unlet also pointed to the fact that other parts of the colony claimed the former denizens of Taipingshan. They have now a fresh apportunity of advantageously investing they in property what they are going to receive. We would also assure them that each casehas met with a careful consideration at our hands in our endeavour to do justice to all parties. Many difficulties which at first beset our work owing to the considerable divergence between the value set upon the property by the claimants and those who represented the Government were afterwards greatly smoothed over by more mo. derate demands on the one band and the read- iness shown by the Director of Public Works to meet the wishes of the Board, and we would here acknowledge the fairness, we may say even the liberality, which bas marked many of the recent offers made by Government. We also beg to thank all those professional gentlemen
sistance which we bave received from them and if during some of the first sittings · any hasty remarks were made we are Bure that no one regretted them more than the s eaker and that if any little pain was. caused by the same at the time, this has been quickly and generously forgotten and forgiven. The members of the Board bave felt greatly honoured by the confidence placed in them by the Government and their fellow citizens, and have used their best ondeavours to do justice in the interest of all and to justify the choice made by Government and others. Our task is done; and before closing this our last sitting, we, from the bottom of our hearts, do mest earnestly join in the hopes and wishes of the whole colony that the measures which have been taken and the costly sacrifices which have been so readily made by the Government may be effectual, and that our fair island may in the future be ever spared a recurrence of the terrible visitation of 1894. Personally I desire to express my great indebtedness to my colleagues on the Board for the great assistance and help which their experience in these matters and technical and local knowledge have been to me and which has greatly lessened my labours,
stood, my lord. The test of the case is hot what a and a third by the owners of the land resumedį "gaged in this arbitration for the aid and as.
man claims but the result.
His Lordship-Instead of referring the costs to the Registrar cannot we fix the amount of dosts ?
Mr. Deacon-That is almost impossible, my lord. Look at the ́enormous lot of work done.
His Lordship appose we thought you were not entitled to all your costs ?
Mr. Deacon-Your lordship is dealing with a question of principle and not with the amount.
His Lordship-We were thinking of giving you so much.
We thought your client's con- duct not altogether wrong and of allowing you To much. We think we have a right.
Mr. Deacon-I do not think your Lordship has a right. If you once decide the principle that I am entitled to costs I shall leave them to the taxing master.
His Lordship-In one or two cases we have allowed so much for costs.
Mr. Deacon-That is not the case here; we did not know it.
The Board as at present composed was consti- tuted by notice in the Government Gazette. The Board was to award full and fair compensation to the owners of the said lands, aud in doing so they were empowered to take into consideration any matters or things they may deem just and fair, and make such deductions as the age and sanitary or other conditions of the property re- quired. The portion of land resumed forms a regular parallelogram, measuring from east to west 1,000 feet and 585 feet from north to south, including the two small squares or annexes, one at the north-east corner bounded on the north by Square Street, the south by Bridges Street, the east by Ladder Street, and the west by Tank Lane, and another on the south-west corner extending from market Street to Rutter Street and which is divided into four large lots, riz.-Inland Lots Nos. 599, 600, 701, 701 a. The whole of this land is divided into 78 Lots on which are built 429 houses, and are owned by 98 persons. Seventy-seven claims were put iu, not counting claims filed by mortgagees in cases in which the owners had already claimed compensa- tiou. The total amount.claimed was $1,016,452.36. Claimants accepted the offers made to them in 39 cases to the amount of $319,497, and the The Attorney-General then addressed the remaining 45 claims were dealt with by the Board on behalf of the Government, and said Board, which awarded the sum of $443.600, that in the first instance the Board publicly an-making a gross sum of $763,097, including the monaced that if parties made extravagant claims of Maria Stella, Dr. Chalmers Hospital, claims their costs would not be allowed. and Cheong Kai, as to which special arrange He hoped the Board would not go back ments have also been suggested to enable the on its own decision. The cises quoted by claimants if possible to remain in possession of his friend had no more to do with this case than, their lots, one of which is occupied by a scho! if he might say so, the man in the moon. The and chapel, the other is another ohapel, and rule was that the Board used its own discretion the last is the site of the temple of the Goddess in the matter of costs. These parties in making of Mercy. The total net area of the lots was such extravagant claims had disregarded the 279,300 square feet, exclusive of public streets, publicly expressed warnings of the Board and giving an average rate of $2.65 per foot, the they ought to be deprived of their costs. It Lighest price being $6.76, the price offered by was all very well to say it makes no differevoe Government to the owners of Inland Lot No. and that everyone is entitled to get as much as 239; the lowest 75 cents, the amount awarded by possible, but the Government had had consider the Board for Inland Lot 701. The largest
His Lordship Wo have granted so much without costs because we have valued them at a certain amount and included them, and in doing that we thought the claimants had full value for
their land.
The Attorney-General in reply begged to thank the Board for its courtesy and the careful consideration its members had given to the cases before them, ⠀ The amount of labour thrown,
upon the Director of Public Works by so large a number of claims in addition to his other duties can be best appreciated by the Board, and those who, like myself, have been engaged before it. It must have been a heavy strain upon his health and strength, and I desire to acknowledge the great assistance he has been. Indeed the principal work has of course fallen upon his shoulders. I desire also to acknowledge the help I have all through received from Mr. Sercombe Smith, who himself appeared for the Crown in many of the later cases. I trust there will be little more for the Board to do unless any questions of costs should arise. I think we shall be able to settle
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