The Courts.

Alexandra Herald and Central Otago Gazette, Issue 426, 23 June 1904, Page 5

The Courts.

WARDEN'S COURT, ALEXANDRA. Saturday and Monday, 18th and 20th. (Before F J Burgess Esq Warden) BOIOTJQH Of AUEXAH9KA V. JAMBB Brass. The statement of claim let forth inter-alia:—That covenants were en« tered into between the plaintiffs and the defendant, by deed dated August 23rd, 1902, for the purpose of supplying the burgesses of Alexandra with a supply of pure water; that defendant during the months of February, March, arid April last, broke the said covenants ; in that he failed to keep the water-races continuously supplied with one Government head of water, fit for domestio use j and that he failed to keep the said races in good and substantial repair; that by reason of the covenant by defendant the burgesses have suffered great loss and inconvenience. Wherefore the plaintiffs claimed £2OO damages; an injunction to restrain defendant from further breaches of the said covenants, especially in regard to allowing the races to be, and remain out of good order and repair; the costs of the action and such other relief as the Court shall deem meet. . Mr J B Bartholomew appeared for plaintiffs, and Mr O O Hutton for the defendant. Mr, Bartholomew opened the case for plaintiffs at some length. He contended that defendant had broken the covenants made between himself and the Borough Council; and that the Council, as trustees for the burgesses, could claim damages for the damage suffered by individual ratepayers. He then proceeded to call evidence. L B Qrimstone, manager, of the Bask ff New Zealand, produced the n titles of ihe "irater-races -audi dams affected. " v Frank Young, town clerk, produced a oopy of the agreement made between the Borough and-Mr Rivers. At the beCTJgMg <£ February the supply of water'was intermittent, and for several days the water was off altogether. He visited the race in company with Mr Appkston on February 26th. The water was then short. About 12 chains of the Mt- Campbell race were oat of repair, and no water was coming in bona that source. The race from gpeargrass Creek downward was leaking badly in- numerous places, and •pparently, the leaks were not recent. Be visited the race again on March Sad, in company with. Mr Anderson, when the water was again short. There, then about 10 heads in Mt Campbell Creek, imt.none was ■oiag into the race. He' visited the tace again en April 7th, in company with Messrs Bchatimann, Fattiaen, Anderson, and Symons. Followed the face down to Stockyard dam,'and again saw numerous leaks. For the first three weeks in April there was no water at all in the mains. On his visit to the race, he never saw any men working on the race. The residents of the .town,, suffered severely ' owing to the want of water, and daily he received numerous complaints. The people were* obliged to buy water by . the barrel during the time the water ■ wasoff. i -'-•': • '■'■- « *•*.'". James Travis, Borough dayman, said ft was part-'of his duty to attend to the l«jOTVciE.T%?rpredfle9d a diary, showing that on several days during February, Match, and April, no water was being delivered at the reservoir, while en several other. days the water was ■ fbort. -' - "- g*** 8 : **j» ■'.; Henry Bymdhs said 1 he had had 23 yeara experience in connection with . water races. -He was one of the party 3 who inspected-the sraceon April 7th. TherS'waß heads of water iittlpijEjampbeU"Creek and about four heads were going into the race. The intake was out of order. The water was npt.gtang" into the. dam at Speats ; -4ri one-time,,to his knowledge, it did-if Foilewing the race downfrom Speargrass, he saw numerous leaks which could have \ been easily stopped. He considered that the race... was, not In a good state of repair, and he thought "that there was no difficulty to prevent a head of water from being de livered at the Borough Teservoir. Henry Sehaumann-said he was a member' of the Borough Council, Fad some.experience of. waterless. Was one of '*the; party who inspected the *ace on April 7th. There were seven or eight heads of water in Mt' Campbell Creek. Following the race 4own he saw several bad leaks, which eould have been easily- stopped. Considering the circumstances, he conaidered thsre should be no difficulty in delivering a head of water at the termination of the race. The townspeople were put to a gre%t deal of and expense owing to the water being off. '-,. Tjoujs Anderson said he was a member of the Borough Council. "''' Had had a good deal of experience in . eennsction with water-r 'ess. He visited the race on March 2nd, in company with Mr Young, when he saw the race leaking in many places. He ■■ wee one of the party who inspected the race on April 7th. The rape was out of repair, and again he saw numerous leaks. He could hot- see any difficulty to prevent a head of water from being delivered at the termination of the race, - John Pattison paid he had had considerable experience in connection with Water races. He was one of the party who visited the race on April 7th. H© noticed that, from Speargrass Oreek iownwards the race was leaking in tjumerouß places, and was in a bad fiate of repair. The leaks appear to he old standing. After hie inspection ftt saw no reason why one head of

water should not be delivered at tor? minus of the race. Edward Terry, caretaker of the Borough's Obatto Greek race, said he had, had a good deal of experience regarding water-races, and previously he had been employed on Mr Rivers' race. He visited the race on April Bth, and saw a series of leaks from end to end, from which a lot of water escaped. He himself stopped a number of leaks. He considered that there should be no difficulty in supplying one head of water at the terminus of the race. So far as his experience went, he would sooner undertake to look after Rivers' race than the Ohatto Creek race.

H P Pocock, manager of the Otago Central Foundry, gave evidence as to the loss sustained by the Company owing to the water being off. He was obliged to carry water from the river, and during the time mentioned in the statement of claim he estimated the Company's loss at £22. E Marslin, butcher, and A L Boldero, livery-stable keeper, gave evidence as to the loss sustained by them owing to the water being off in February, March, and April. The loss sustained by witnesses was estimated at £7 10s and £5 2s respectively.

Joseph Young, carter, said that during the month of February, March, and April, he carted a great deal of water to residents of the town. Two other carters, were also engaged, and witness could not supply the orders given to him. He supplied as much as 17 barrels per day for three succesive days. The charge per barrel was Is 6d past the school; and Is in the main portion of the town, hotels being charged at the rate of 9d per barrel on account of the greater quantity taken by them, Frederick Jeffery, mining registrar, produced the titles for the water races and dams alluded to in the statement of elaim, with all transfers down to the present holders. The right from Mt Campbell Creek was subject to the right of Robert Campbell and Sons to take four heads from December Ist to the following May 31st in each year, for irrigation and wool-washing pur« poses. An order, made by Mr Warden Wood, was in existence, in favor of Robert Campbell and Sons, giving the latter the prior right to two heads from Speargrass Creek. No permission to carry foreign water in the Speargrass race had ever been granted. This closed the case for plaintiffs. Owing to pressure on our space we are obliged to omit our report of the evidence for the defence. After hearing evidence pro and ton, and the,summingMup of learned counsel on both sides, His Worship said that he would reserve his judgement until next Court-day.; WARDEN'S COURT, ALEXANDRA. SATURDAY, JUNE 18th. Adjourned from previous Courts. Last Chance Co., amalgamation speoial claims at Bald Hill Flat—Adjourned to July 11th B Davis, special claim near mouth of Chatto Creek—Adjourned pending compleHon of survey Enterprise G D Coy., special claim, section 14, block VII, Le»ning Rock districtForm of license for" 42 years to be submit-! ted to the Minister for his consent Same surrender absolute, special claim IC9a —Adjourned j Opposed Applications. ' In respect to the following applications,, the Warden decided that the form of license should be submitted to the Minister of ; Mines for bis consent: — Edwin Appleton, special alluvial claim block VIII. Tiger Hill J C Thomson, special claim, section 2 block VIIL Tiger Bill Robert Lee, special claim,, section 3, block Vin, Tiger Hill Henry F Normin, special claim, section 61, block 1, Tiger Hill R T Wheeler, special claim, sectioa 52, block )X, Tiger Hill The above applications have been before the Court for some months, having been opposed by petition on pubiio grounds. Mr I L Ryan appeared tor the applicant ia each ' case'- p ■ % " ''" '.', -New Business; ' New Golden RiverG D Coy./special claim, sections 60, block 11, and 23, block 111, Cairnhill, (certificate of abandonment asked in respeefc of license—Preliminary hearing disposed of;. final hearing fixed for July 11th. Certificate of abandonment granted. Kobftrt Campbell * and Sons, renewal of water race lioense 385 D—Granted Robert T Gray and another* renewal of wafcSjrvrace license 4^49-r i Granted for fifteen years" .'.;_-/ -< V."".v . A'ii'^.zii Wallace Carr, extended claim. 1 acre French'W'an's Beach—Granted fpr. 15 years William Thompson an! another, extended olaira, 2acres Manorburn—Granted for 42 years :_. pt~ '■ C'" '~ .S-< ' ■ •? Chas Thompson (Mr Ryan) extended claim of 4 acres in Camp Qully— Granted John Thompson,'surrender absolutely of special alia vial claim No 798 a—Surrender aocopted J. ..-.■■. Eaurence Ryan,- duplicate of residence area certificate, water race license 1717. and water race 6199—Duplicates to issue.