sapasteAL Lors 249 asp 395.
Meserrat Cousci x. E. JExser Hose, The above case was heard by the Land Commissioners on 6th January, 1902, in accordance with Land Regulation VIs.
In this case the parties had agreed to the value of the land to be surrendered, but important question as to the rights of frontage owners to utilise the subsoil of the Municipal realls for the foundations and footings of buildings was submitted to the Commissioners for their decision—vith particular reference to cases where a strip of frontage is being purchased to widen the road.
In view of the special features of the case, the Commissioner: allowed Mr. Hogg to be represented by Counsel No evidence was brought forward by cither side as to how this question of foundations and footings is treated, say in England America, and the Commissioners there-considered that they should base their sion on local conditions only.
ince the Settlement was first started until within recent years it was the custom when building, to set back the large houses, and the only buildings abutting" on the roads, and for which foundations under these roads were neces-ary, were boundary walls or Chinese houses, foundations for' which were matter of a few inches only ing all these years no question was raised by the Municipal authorities as to those foundations, and permits to build covering permission to put footings under roadways were granted as a matter of course consequently, in the opinion of the Commissioners, what may be called a "right" to so build has arisen, and this from bag usage they look upon as now established.
No evidence was brought forward to shew how far footings have usually projected under the Municipal roads, but as it has been found necessary in the new regulations for Chinese houses (recently approved) to fix a minimum ith for foundations giving a projection of 7" for a 10" wall, it may be assumed that this has not been exceeded in practice in the past, and the Commissioners think therefore that 7 inches may fairly be taken as the average projection of footings under the roads of the Settlement, and that land Tonters are entitled to the free use of this.
Within the last few years, however, build-tare being erected ing line, necessitating large foundations under the roads, and this the Commissioners consider is quite a different condition of affairs to what has hitherto been customary, and calls for different treatment.
The Commissioners ate of opinion that the question of footings is rightly a matter for their consideration in awarding compensation for land acquired under regulation VI. a. and had it been shown that Mr. Hogg proposed to us ig over what they consider Lander have a right to, they would have reduced his compensation by half the sureed value of the land required in excess, but as he does not propose to use more than 6 inches, he is entitled to the full amount claimed—Tls, 3,840.00—which sum is hereby awarded him.
W.-H. POATE,),, Laut JAMES L. SCOTT, Commissioners,
Text read from the printed page and cleaned; old type leaves the occasional error.