AKAROA RESIDENT MAGISTRATE'S COURT.

Akaroa Mail and Banks Peninsula Advertiser, Volume 3, Issue 288, 22 April 1879, Page 2

AKAROA RESIDENT MAGISTRATE'S COURT.

Friday, April 18. [ (Before Justin Aylmer, Esq.,. 8.M.) Civil Cases.

Noonan v. Chad wick—This- case had been withdrawn by plaintiff. Mr Nalder, for defendant, applied for costs, which were granted. Thacker v. Keefe—Claim, £10, for damage done to sheep by a dog. Settled out of Court. Ware v. Thacker—This was a claim for £60, damage sustained by plaintiff through the defendant polluting the water in the creek on which plaintiff resided, by allowing sawdust to be discharged into it. Plaintiff deposed that he had resided nearly all his life in Okain's Bay. For the last three summers he had to-fetch water about a mile. Could not use- the water in the creek, as it was polluted by the sawdust from defendant's mill. Prior to that was in the habit of using the water in the creek. In summer the 'einell from the creek was most offensive. By defendant: Spoke to you about three weeks ago on the subject. Had often spoken to j-ou before. You then said that if I would sink a well you would find me a'pump. You did not offer to pay for sinking a well. Gγ. Mason corroborated plaintiff's evidence as to the water in the creek being unfit for drinking purposes. Defendant maintained—First, that by section 165 of the Public Works Act, 1876, every stream i was a public drain, and could be used as such. Secondly, thfft he did not send the sawdust into the creek, but into a paddock. ' Some might get blown in by the wind or washed thither by the rain. Thirdly, that other people polluted the stream as w.ell as he; and, finally, that he carried on an "industry," and should be'protected by Government in doing so. In his evidence he stated that he considered the water in LLu iiieek waa never fit to drink whether or no. In reply to the Bench he stated that I'nf Jour or five years his household had i-.eeii supplied by means of, a well, Prior to that they might ■ have used the creek water. The Bench called attention to the fact that an order had already been made to abate this nuisance, but no notice j had been taken of it Defendant arguod j at some length in support of hia coiiten- ! tions, and the Bench reserved judgment till next Court day. Wiggins and Co. v. Alger.—Claim, £10 ss. -Judgment ■by default for amount claimed and costs. The Court then adjourned.

OKAIN'S DISTRICT ROAD BOARD. «, Saturday, April 19. A meeting of this Board was, held on the above date, in the Library, Okain's Bay. . ' ■■■ . . ' ' > , Present — Messrs Barker ( (Chairman), Barnett, Boleyn, and Callaghan. : . CHAIBMAN'S STATEMENT* " The Chairman said that the business to be brought before the Board would not be very considerable, so far as he was aware. There was a letter from the Chairman of the Avon Road Board, asking for the Board's share of costs in the case of " Avon Road Board v. Colonial Treasurer." f . There was from Mr Fentpn-f i complaining that J certain. alteration's had, 5 been made in the* specifications on Mr Cotton's line, and declining further responsibility in the matter. £571 had been paid to the credit of the Board as their share of the 20 per cent of the land fund, and a further sura of £59 9s 4d, being their second.. moiety of subsidy on account of rates to June 30,1879. MINUTES. The minutes of the previous meeting were read and confirmed. CORRESPONDENCE. ' ' : ' On the letter of the Chairman of the, Avon Road Board being read, the amount he askgd for as share of costs, £1 10s 4d, *<vas ordered to be paid. The Clerk read the letter written by instruction of the Board to the Akaroa and Wainui Road { Bonrdon the subject of'the Summit road. .'■■•\': : . .■'■ !•: / ' " The, Chairman reported .that he had interviewed that Board on the subject, and they had promised to undertake the-work- , as soon. as they received the requisite plans. A letter was read from Mr J. Daly, asking that the Board would open the Ridge track between Lβ Bon's and Waikerakikari, as it was the boundary of several holdings, and the most convenient route for access to a large acreage in their i district. • Mr , Eenton's. letter was received, and it was'agreed that "he was'exonerated from any responsibility "ia tho-i matter of the specifications. On Mr Daly's letter being taken into consideration, Mr Barnett B.aid he thought it was a very necessary worki" It would not cost much, and it was an exceedingly useful road to a great many persons. The Chairman thought they liiuat consider the state of the funds. , . Mr Callaghan proposed that the Ridge road from Libeau's peak to Smith's road be opened ten feet wide. Mr Barnett seconded the Motion, which was carried. SUMMIT ROAD. ' The Chairman suggested that the Clerk should be instructed to write to the Pigeon Bay Road Board, asking them to form the portion of this road between the old and new Pigeon Bay roads. The portions about to be constructed would be useless unless this was done. Agreed to. RIDGE ROAD, LAVERICK'S BAY. Mr Joseph Knight, of Laverick's Bay, waited on the Board to ask some assistance from them towards a road which he had cleared. It appeared from Mr Knight's statement that he had waited on the Board on a previous occasion with reference to the road in question, and he had understood that the Board would send someone over to report on it, which they had not done. The road was a public benefit, and he thought it only fair that the Board should contribute something towards its cost. The portion of the road which bounded or went through his property he had done at his own expense. Mr Callaghan moved that' Mr Knight should receive one-third of the cost of the work done, as he seemed to have had some encouragement, and such things had been paid for before.. For the .future, he thought no unauthorized work should be paid for. The Chairman the two.things being mixed up in one resolution. It was aom'e months since Mr Kii|gßt\ had done this work. ..Since then several'others had done works under similar- cireumetances, and he thought if. they paid' one they should payall. ■ . Mr Barnett declined to have anything to to say in the matter, as he had not been on the Board at the time the work was undertaken. : j • On the minutes being referred to, ! it appeared that on the 21st December the Board had passed a resolution declining to entertain the same claim. The Chairman said they must first rescind the former resolution before .they could entertain the present proposition. The motion did not meet with >n seconder, and therefore fell to the ground. , Mr Callaghan then moved—'• That from this date no money be paid to any, individual for any unauthorized expenditure." Seconded by Mr Barnett, and carried. ROAD TO LITTLE HILL. ~"~:' ' Mr James, waited upon the. .Board-in reference to this road. It appeared that Mr Thacker had promised some land for the purpose, if the Board would fence it. The Board informed Mr James that they were prepared to fence as soon as Mr Thacker conveyed the land, and the Clerk was. instructed to write to Mr Thacker,. asking him if he wire prepared tv execute the conveyance. LE BUN'S ROAD TO DALGLISH'S MILL. Mr Aldridge asked whether {he Board had authorized any diversion of this road. The reply was in the negative. MR FENION'S ACCOUNT. This account for work done on the Waikerakikari road, was then taken into consideration. The two accounts amounted to £98 10s and £70 13s, or a total of £169 3s. The Chairman thought that the Akaroa and Wainui Board ought to pay the whole of the first account. He would, however, suggest that they should pay haJf of the total amount. After consultation with Mr Fenton, it was agreed to pay Mr Fenton £100, that .gentleman undertaking on--that condition to give the Okain's Board a clean receipt for their shaie. ' " ' ;. MR KENNY'S CONTRACT. Mr Kenny reported that he should have finished hia work in about a week, and he wished the Board to appoint some one to j inspect tlie work and take it off. his hands, i The (Jhairuian was authorized to pay the balance of the contract on the work being satisfactorily completed. MR HARRIS' ACCOUNT. ... This account had been before the; last meeting. It amounted to £21, and the expenditure had been 'incurred by Mr. Callaghan. . It appeared that Mr Callaghan

had been authorized to expend £10, but he had exceeded that amount. The Board finally agreed to pay the money, at the same timo opinions were expressed that Mr Gallaghan had aoted,t very imprudently in the matter. TENDERS FOR BUSHFALLINO, LE BON'B BAY. ". P. Hetningson, 4 months, £56. ] [ I O. Evans, 3 months, £64. ' , L; Christensen, 4 months, £60. P: Hemingsen's tender was accepted. PAYMENTS. , \ ' The following accounts were passed-for payment:— Fenton and Wilkine ... £100 0 0. T. Pawson, second progress * payment ... 160 0 0 Harris, work on Valley . road 21 0 0 T. Ware, horse feed.... .... & 2.10-0 K. James, clearing trees and ' repairing fences... •;.".; ; - 3:'0 1 0 P. Hemingaon, progress pay* : • '■■; r.- T mentfor pound ... 30 0 0 With regard to: the piece of] land requiredby the Board from Mr Callaghan, it was agreed to pay ;him; £10 for it, and to shift the fencing, JVlr, Callaghan agreeing the contractor was authorized to i proceed .with the/work at ■ once. ■;•,. •; ;,-. ■:■■•■• •• i . Mr J. Kniglit returned to the charge again about his olaim for clearing'■&' road, and thj§ time was more jSuccessfulu the Board 'agreeing to jky hini £12 for the' work. . c p The Board then adjourned tllf Saturday, IMayflT,:;. j;"!" '•' i <j> r / ."' / ;rx v. r ;: