ARMSTRONG AND PARTY'S CASE.

Kumara Times, Issue 815, 12 May 1879, Page 2

ARMSTRONG AND PARTY'S CASE.

The inquiry into the case of Armstrong and party v. the Government, in which a claim of £4OO was made by the complainants iu August 1877, for damages occasioned to their claim through the construction of the Government water-race was heard at the Court House, on Saturday last. The Hon. J. A. Bonm* presided as Chairman, in conjunction with Messrs Price and Giles, Wardens. Mr Perkins appeared for the complainants, and the Crown Prosecutor (Mr South) with Messrs Guinness and Purkiss appeared on behalf of the Government. Before commencing the case, however, the counsel on behalf of the Government were withdrawn, with the exception of Mr South, The following is a summary of the whole case in dispute. In August, 1876, Armstrong and party took up a claim on Rourke's Terrace, where they remained undisturbed until March, 1877. At this time the Government commenced a branch waterrace to Larrikins, which went through the claim of the complainants. The complainants allege that they were unaware in the first instance that the race came through their claim, as it was worked by a tunnel in front of the terrace. They did not however, ol ject, until it was seen that the water coming through, the race would affect them. Iu March of the following year the water commenced to leak through compelling them to cease work in their claim. Notice was then tiven to the manager of the race, and an examination made, when a crack was discovered in a seam of drift which shortly after enlarged aud let the water in the workings

causing the complainents to loose the faces they were working. Representation of the damage having been made to, the (Government through their officials, and no satisfactory redness being obtained, the complainants brought the matter into the Warden's Coopt** the Government at first agreeirfjfto this course, but subsequently compelled the complainants to take the case into the Supreme Court. In the meantime Armstrong and paity petitioned the House of Representatives, and the question wits referred to the Gdldfleldd Committee, the Chairman of whi.h (Mr C. A. de Latifcdttr, M.H.B; reported as follows: Petition of .James Armstrong mid idttr" others, Miners, Kumara, Westland. I am directed td recommend that the Government refer the petition txv the Warden and two other residents in the locality, desiring them to report upon the ease forthwith, and assess the damage, if any, sustained by the petitioners*, by reason of the construction or usitage of the Waimea Race, with the object of reconimending an appropriation of the sura so assessed. 25th September, 1878.' The inquiry on Saturday last was in consequence of.thi°. recommendation, and tlie Government, on the othef hand, admit some damages, but claim to have priority.of right. to the ground through which the race was constructed* In accordance with the report of the Ooldfields Committee, we presume that the amount of damages, if any, will be assessed by the Commission, and will shortly be made public.

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