* 5 In recording this for His Excellency's information on this third instant, I venture to solicit a reconsideration of my letters of the 24th May and 14th and 7th of June to carry out the Ordinance of the 16th April 1836.
I have the honor to be,
Sir,
Your Obedient Servant,
Macpherson Lauper
The same to the same.
7th July 1836.
I have the honor to state for His Excellency's information that having summoned one George Buddell before the Magistrate for infraction of Paragraph xx of Ordinance I of 1836, and that in the court, in stating the charge, I did so for encroaching much as I was ready to prove that G. Buddell had 263' 5 feet, whereas he was and is entitled to only 240, and that he had built over the same 383 feet in excess. The Magistrate refused to hear evidence of the case except so much as had reference to building over a Government drain and over a Government roadway, and although this much was proved, postponed the case till Wednesday. Mr. Buddell, the defendant, said that "it was a vexatious prosecution" and that he had been treated in my office in a most unfriendly manner, "that I showed want of attention to gentlemen going to my office" and that he should always in future doubt my statement or word of honour. He asked Mr. May whether I was at liberty to use equally strong language, not that he wished to do so, but I merely asked for information; he answered "no".
I have to attend this court again on Wednesday next, and as G. Buddell has stated that he will then bring an attorney with him, I may anticipate some things. Specimens of similar questionable eloquence.
I beg to refer to your last, in which you say His Excellency does not consider himself justified virtually to repeal the Ordinance because I experience obstructions. I respectfully submit that those obstructions only exist by His Excellency's sufferance and have in this case assumed in addition the new form of personal obloquy.
I submit that these late cases tried are not of that summary jurisdiction for the abatement of which it is the duty of the Magistrates to exercise.
I have the honor to be,
Sir,
Your Obedient Servant,
Macpherson Lauper
The same to the same.
10th July 1836.
In continuation of my letter of the 7th instant, I regret that you will bring to the Attorney's notice that on Wednesday, the case of George Buddell came again before the Magistrate, that Mr. Scott spoke as to the encroachment of 234 feet, andacock verified the measurement made.