present
been done, would not have arisen, as
the claim on Government
suit was caused
the law
by some proceeding
of all: Stephone in respect of the original Marine Lot 1874.
Mr
1 surrendered his base,
Mr. Stephens
and Mr Hancock was ordered to
make the measurement
- plan of the
reco
and
for
the
Lot. Instead of
taking Mr. Danby's line as laid down in 1877, confirmed by him in 1880,
both the owner acquiesced in by both the of 1874
184 + 185,, Mr Hancock resurveyed and measured the whole block consisting of Marine Lot 184, 185 + 186; the said in his examination, that he had received instructions from the Surveyor General to make "Whitty Street 30 feet wide instead
it seems to have
of 28.
and
"Considered himself justified in assuming
that because Marine
Lot 184 contained more land
than
327 was mentioned in the lease that there must have been at the same time
encroachment.
or
Whitty Street. But there had been no encroachment on Whitty Street. He found that the buildings
of Marine Lot 185 encroached on Marine Lot 184, but he had received instructions not to disturb existing buildings, and he placed the boundary at the buildings
with
respect
thought
he
on the North end to the South end, he
could get the additional width — for Whitty Street, and give
Mr Stephens his lease measurement, by running his line up to the existing buildings on Marine Lot 185, which had been set back by the owner as I have above mentioned.
Mr Hancock discarded Mr Danby's line, and deprived the
Owner
of Marine Lot 185 of the light
and ventilation to secure more than
which