HAMILTON.—April 7.

Mount Ida Chronicle, Volume V, Issue 267, 18 April 1874, Page 2

HAMILTON.—ApriI 7.

Wabden's Coubt. (Before H. A. Stratford, Esq., Warden.) Wm. Edmonds v. Emma Barber.— Encroachment on a business site by removing the Court House building thereon. The complainant deposed that the disputed ground was included in with, a building purchased by him from Mr. Joseph Bremner in 1872, and that, at a later period, he had permitted the defendant's daughter to use the ground as her garden. In answer to questions put to him by the Court he stated that the ground had" been originally pegged out by Mr. Bremner, and that he had seen pegs at the corner of the site, and that in January, 1873, he hnd scored the corners with a pick, and that, on the 7th October, 1»73, he took out a business license, which referred to the post office in which he lived, and also the disputed ground. The wife of the complainant gave evidence that the complainant had given up the disputed ground to defendant's daughter, to be used as a.garden. IN* either complainant or his witness could find Mr. Bremner's receipt. This closed the case for the complaint. Emma Barber, defendant, stated that the complainant had given her the ground as a garden; that a portion of it had been exposed to the street, and that she had completed fencing it three months before she had put the building on it; that in August last Warden Jiobinson had consented to allow her the use of-the building (when not; required for. publicpurposes) if she would pay half the expenses of its removal to the present site, and that she had previously told Mr. Robinson the site was hers; that by com-, plainant's permission, her daughter had held the ground from the June previous to the time of the removal of the building ; that she did not claim the disputed ground, nor yet the building—that she looked upon both as Government property, that she had contributed towards its removal to have its use when not required by the Warden. John Brown, tor the defence, said that the complainant remonstrated with him when he saw him erecting the Court-House on the disputed ground ; that he heard complainant ask defendant upon what authority she had ordered witness to place the Court House there, and that defendant had replied that as he (Mr. Edmonds) had given her the ground' she thought she could do what she liked with it. This witness then offered' to' stop workV and complainant said he might go on building it, by all means, but the Warden had taken too much upon himself. Judgment reserved until May 12th. Several licenses. were renewed, - and transfers made, which concluded the Business. '■..-.•.-".'■. '..1 '■•,,!'.'="''