H. had no right to sell to Mr. Burd the ground at all, for it formed in reality a portion of the lots which Mr. Oswald had in his possession, viz. No. 8, 9, 53, 54, but as Mr. Oswald laid claim to the intervening ground between the lots and the Queen's Road, which in Lieutenant Sargent's map was shown by the blue dotted line, even then more than half of Mr. Burd's house was an actual encroachment.
Under these circumstances it was decided in Council that Mr. Burd was not entitled to the full value of the premises; but taking the whole matter into consideration, the loss and inconvenience that would accrue to Mr. Burd by their removal, it was decided to give $8,000 and the materials of the premises, which I valued at $1,900 to pull down, the remission of £200, making one year's rent, say $10,000, together with a piece of ground chosen by Mr. Burd himself on the Queen's Road, of an equal area to that which he ought to have occupied, and at a reduced rental; and it is remarkable that Mr. Burd should now ask for the difference between $2,000 and $12,900, or $4,900, when under any circumstances, if Government decided to give the full amount, he could be entitled to the difference between $10,100 and $12,900, or $2,800 only.
To the above terms Mr. Burd made no protest in writing otherwise than by a letter accepting the offer, which I think is presumptive evidence that he was satisfied, as the only addition he requested from the Government was that they should grant another piece of land, vide letter dated 3rd September, 1844. Mr. Burd states in the Memorial