Marine lot 1871. Apart altogether from the legal question he could not have even a moral claim on the costs incurred in defending the action, which was taken against him in consequence of this proceeding.
Mr. Stephens may have obtained assistance from the Offices of the Survey Department, who maintain the line given by them; but they did so at the express request of Mr. Stephens, who had taken a peculiar view of the case, and expressed his determination to fight the case to the bitter end.
All that it was ever intended to do was to grant Mr. Stephens title for land of which he was in possession. The Eastern boundary of his lot he has not been deprived of any land which he or his predecessor had ever been in possession of; in fact, his boundary on that side is 2 feet, 4 or 8 inches beyond the line of buildings created by the withdrawal of this slip of land, and no reasonable man would have fought out the case.
I submit that Mr. Stephens be informed that Government, having very carefully considered his claim in all its aspects, does not admit that he has any claim or right for any compensation for the loss of the land mentioned in his letter.
That with respect to the costs, Mr. Stephens' attention be called to the fact that they were incurred, not in supporting or proving his title, but in defence of certain acts of his, which nothing in his lease justifies him in doing.