CLYDE WATER QUESTION.

Dunstan Times, Issue 1089, 13 April 1883, Page 3

CLYDE WATER QUESTION.

At the last meeting of the Vincent County Council, Or Maogiimis, member for Earn sole ugh. from the chair, referred to the Clyde Water Supply, in the course of his remarks, quoting from two deeds, the first between the old Borough of Clyde and Mr James Holt, in reference to the sale by the latter to the former of a right to one sluice head of water, heading from the W aik rikeri Creek, and the terms on which Mr Holt was to deliver into Clyde the said head of water perfectly clean ; the second being the deed of merger of the old Borough into the County, whereby, the County took upon itself the responsibilities of the Borough. He said, as both the Council and the general body ot ratepayers appeared to be entirely ignqrxnt of the substance of the deeds it would be well they should make themselves acquainted with them. With the view of affording full information, and by way of giving every one the opportunity, we publish both deeds below : This deed is made the tenth day February, one thousand eight hundred and sixty nine, between James Holt, of Clyde, in the Province of Otago, and the Colony of New Zealand, coal merchant, of the one part,and the Mayor and Council of the Incorporated Town of Clyde aforesaid, hereinafter called “ the said Corporation ” of the other part. Whereas by a certificate, numbered six hundred and twenty-one -621), and bearing date the seventh day of July, one thousand eight hundred and sixty-six, granted to the said James Holt, in accordance with the “Goldfields Act amendment Act, 1865,” which said certificate was duly renewed on the twenty-third day of Mai eh, one thousand eight hundred and sixty-seven, under number one thousand three hundred and twenty two (1322), and again,on the twentysixth day of March, one thousand eight hundred and sixty-eight, under number one thousand three hundred and fortyeight (1348), the said J’lnes Holt is the registered owner of a certain water race, known as “Holt’s Water Race,” commencing at a point about a quarter of a mile above the gorge of the Wax Keri Keri Valley, and terminating at the coal reserve at Clyde aforesaid ; and whereas, the said James Holt is entitled toiun two sluice heads of water through the said race, subject to certain conditions upon the original certificate endorsed ; and whereas, the said James Holt has agreed with the said Corporation for the absolute sale to the said Corporation of a right to one sluice head of the said water for the use of the town of Clyde aforesaid for domestic atm other purposes, sir jeot nevertheless to certain terms and conditions as hereinafter mentioned. Now this deed witnesseth that in consideration of the sum of one hundred and twenty pounds sterling to him, the said Janies Holt, paid by the said Corporation, the receipt whereof he, the said James Holt, doth hereby acknowledge. He, the said James Holt, doth hereby bargain, sell, assign, and grant into the said Corporation its successors and assigns full right to one sluice head of the said water; to have, hold, use. and enjoy the said right to one sluice head of water as aforesaid, hereby assigned and granted or expressed or intended so to be, unto and to the use of said Corporation, its successors and assigns for ever ; and the said James Holt, for himself, his heirs, executors, and administrators, doth hereby covenant wi r h the said Corporation, its successors, and assigns, that he, the said James Holt, his heirs, executors, administrators, and assigns, shall and will, upon payment to him or them by the said Corporation of the sum of thirty pounds sterling per annum by t\bx equal half-yearly payments upon the first day of February, and the, first day of August in every year, the first ot such payments to bo made on the first day of August, one thousand eight hundred and sixty-nine from time to time, and at alt times hereafter maintain and keep the said water race in good and sufficient repair, the water therein as clear as possible, and the certificate for the said water race duly renewed without requiring any further satisfaction for the same from the said Corporation, its successors, and assigns, or any person or persons claiming from, through, or under them, provided always, and it is hereby declared and agreed by and between the said patties hereto that the said sluice head ot water shall be used;(exclusivcly tor domestic purposes, for watering the streets and for extinguishing fires within the boundary of the town of Clyde aforesaid, and that unless, as hereinafter mentioned, the water in the said race shall not nor shall any part thereof be diverted, provided nevertheless that in the event of the said Corporation, its successors or assigns being desirous at anv time or times hereafter of changing the direction of the said water race within the boundary of the said town it shall be 'awful for the said Corporation, its successors, or assigns, so to do upon giving notice thereof in writing to the said James Holt, his executors, administrators, or assigns, all the costs, charges, and expenses of any such alterations as aforesaid, being oorne by the said Corporation, its successors, and assigns. Provided also, and it is hereby further declared and agreed by and between the said parties hereto, that the said James Holt shall also be at liberty to alter or vary the direction of the said water race upon receiving from the said Corporation, its successors, or assigns, a consent thereto in willing, the whole expense of any such alteration or variation so assented to as aforesaid, being borne by the said James Holt, liis executors, administrators, or assigns. Provided also, and it is hereby lastly declared and agreed, that notwithstanding anything hereinbefore contained, it shall be lawful for any person or persons having previously obtained permission in writing from the said Corporation so to do to use the said water for the purpose of watering his or their land by sinking casks or tanks containing not more than five hundred gallons each by the side or otherwise ot the said water race, and filling snob casks or tanks with the said water by means of pipes or hose, or by auy means whatsoever, save and except by cutting or diverting the said water race. And the said James Holt doth hereby for himself, his heirs, executors, administrators, and assigns, covenant with the said Corporation, its successors, and assigns, that he, the said James Holt now hath in himself good right and absolute authority to grant the premises hereby granted or expressed or intended so to be in manner aforesaid according to Iho true intent and meaning of these presents. And that all and singular the premises hereby granted or expressed or intended so to be shall at all times hereafter bo peace ably and quietly enjoyed by the said Cor poration, its successors, and assigns, without any lawful interruption or disturbance whatever of from or by the said James Holt, bis heirs, executors, administrators, or assigns, or any other person or persons lawfully claiming under him or them. And moreover that the said James Holt, bis heirs, executors, administrators, and asahms, and all persons claiming or to

claim any estate or interest in the premises hereby grants') or expressed or intended so to bo under him or them, shall upon the request and at ihe expense of the said Corpoirtion, its successors or assigns, make and execute, or cause to be made and executed,' such grants, conveyances, and assurances for the further and better assuring the premises hereby granted or expressed or intended so to be with the sar l Corporation, its successors, and assigns, as by it or them or its or their counsel in the law, shall be reasonably advised and required. In witness whereof the said James Holt hath hereunto set his hand and seal, and the said Corp hath caused to be hereunder affixed the common seal of the said Corporation, the day and year just before written. (Signed) JAMES HOLT. The Common Seal of the Corporation. James Hazlett, Mayor. George Clark, Councillor. Jambs Patterson, Councillor. Articles of Agreement made and entered into this twenty-ninth day of May, one thousand eight hundred and seventy-eight, between the Coporation of the town of Clyde, in Vincent County, New Zealand (hereinafter called “ the Corporation”) of the out part, and the Vincent County Council (hereinafter called “.the County”) of the other part. Whereas the Corporation is desirious of being dissolved as provided by part XLV of “ The Municipal Corporations Act 1870” and the County is willing to join with ti.e Corporation in a petition to His Excellency the Governor of New Zealand, upon the terms Jand conditions which are hereby mutually agreed upon as follows, namely : 1. All public reserves, estates, properties, and interests held by the Corporation in trust or otherwise, which in their inception respectively were given or granted by the General Government of New Zealand or the Provincial Government of Otago, shall follow the statutory provisions contained in Part XIV aforesaid. 2. All lands bought by the Corporation out of its fuuds, and all improvements made thereon shall not pass to the County, but shall be transferred by the Corporation to such persons xn such manner and for sneh trusts as the said Corporation shall think fit. 3. The County having on such dissolution the right by law to collect and recover all Municipal rates and arrears of rates, shall place the same to a separate fund, and the cash in hand, the said rates, and all subsidies thereon, and all licence fees, to the thirty-first day of March, one thousand eight hundred and seventy-nine (less fifty pounds to be deducted from license fees theretofore received and to bo retained by the County as of its own proper moneys) shall be expended solely within the limits of the said town, and the balance thereof handed to such trust (if any) as may have been constituted for the town of Clyde. 4. That the water right now existing in Holt’s race shall be transferred to such trust as aforesaid (if any). 5. That on sneb dissolution any rent payable by the County for the use of the offices occupied by it shall cc-ase and any further occupation shall be rent free. 6. The County shall have the right to levy special rates on the inhabitants of the Town of Clyde to defray any legal liability that may be discovered, or which may become a burden on the County in consequence of such dissolution. As witness the seal of the Corporation and the signatures of two members of the Council on behalf and by direction of the Council.