RESIDENT MAGISTRATE’S COURT.

Kumara Times, Issue 1094, 2 April 1880, Page 2

RESIDENT MAGISTRATE’S COURT.

Thursday, 31st March. [Before J. Mackayj Esq., R.M.]

MURPHY V. BLEWMAN AND OTHERS.

This was a clairn for £IOO damages sustained by plaintiff through the water from the tail races of defendants running over his freehold property at Westbrook.

Mr Perkins appeared for the plaintiff, and Mr Seddon was allowed by the Court to appear on behalf of the defendants.

Prior to the opening of the <sUsb tile Magistrate with the parties interested visited the ground, and oil their return the following evidence was taken : James Wylde, sworn, deposed : larh - a civil engineer. I made a survey of Murphy’s ground at Westbrook, of which I produce a plan, I saw the course of an old creek on the ground, but now the Whole country around is covered with.tailings. The ground opposite Murphy’s property was formerly low and swampy, as I know it well; but now it is a heap of tailings and all signs of any creek that might have been there are now obliterated. The stop bank shown oia the plan is erected on the road to keep back the tailings. I have known Mr Murphy’s property for the last ten years. There was a fall originally into the swamp, but the

fall now is frbm the terrace to Murphy’s ground. This haS rendered the drainage more difficult, and the laud likely to be flooded - . i I should say a, drain is required bn the south side oC the road to prevent the property being flooded. This would cbst about £3O. If a drain was carried to life water-hole shewn in plan, it \vould cost about £lO ; but if it was taken to the Givenstone Creek, it would feosfc £so—assuming that it was a box-drain.

Tb Mr Seddon : Mr Murphy showed nib the boundaries bf his ground I did not see the 'title dbeds. He pointed out the section, and I made the survey. There is no creek to be traced up the terrace. There is no natural creek there near it. When I knew the ground ten years ag’6 there wak nb road or signs of cultivation. There was a piece of dry ground between the Greenstone Creek and tlie terrace. There was a fall from the dry groilnd to the swamp there. Sluicing \Vbs been carried on there previous to duly Ist; 18/9, but there was not so many tailings then as there are now. I could nbt say if the swamp was filled up at that date.

To the Magistrate ; I could not say since Mr Murphy had the house there where the drainage came from into the hollow ground, or how it got away. lii heavy floods the Greenstone Creek Overflows and finds its way through swampy channels-, funning parallel with tho creek to lower levels in the Same creek. The hollow place in the ground nOar Murphy’s house is completely darrimed-up by the road. Mr Murphy pointed out the site of the crilVert I have shewn on the plan. Daniel Murphy, sworn, deposed : I aril the plaintiff in this actiriri, afid a dairyman living at Westbrook, neM the Greenstone Greek. I am Owri'el 1 of section 1297, which I purchased from the Crown in 1871; It is freehold property, but the Crown grant Is not issued yet, although I have repeatedly applied for it to the Land Registrar. I have been iiv possession Of the gtound for nearly ten yeafs. My land has been surveyed-, I pointed out ray property to Mr Wylde, as near as I could by the first survey pegs placed by Mr Cooper, one of the Goverriihent surveyors. When I purchased the ground; the land on the other side was low and swampy. No tfathr ever came front the terrace side on to my groririd before the tailings were there. The water that lodged in a hollow in rhy property crossed under the road by a small culvert and ran down on the opposite side; The ctllVert, T fancy has been covered up with tailings. The men who choked It Were Evaml and pkfty, and also a previous party that Evans was associated With. The first party who hegali it Were M‘GUI rind Ecketfc. The natural water-course on the side of the road ih filled up with t tailings. The culvert is noW risrilesS' tri drain my ground, td sdiri'e parts thrife are eight to ten feet ol tailings and in others not quite so much. M‘Gili and. Eckel,t first erected a drirti nearly bpposite ray door, in the Water-edurse; and as I objected to the Watef coming over my paddock, tliey broke the darn down. After this they purchased some ground from Keech and Malloy; and since that have been rurinirig their tailings on that ground. Blewinan and Sheedy’s party have been running their tailings also. A stop-bank was erected opposite my door by three of the parties; who have filled Up the ground opposite my house with tailings. The effect of (his daring the last nine months has been to create a lagoon on my property, containing a depth of about three feet of water in it. They have been sluicing during the last fortnight. During the late dry Weather the lagoon has dried up; My garden has been spoiled by the water from the tail-races. I consider the water has damaged my property to the extent of about £2O during the last twelve months, and unless a drain is crit my property is always liable to be flooded. I deferred bringing the case before the Court until I had first tried to dispose of my property, but I could not get a satisfactory offef.' The' ground" cost me £BO an acre, and the house cost me £6OO. I only received an offer of a little over £4OO for the Jot, as people said I should be flooded out. If there had been a water-course in front of my house, I should have been .the last person to fill

it up. To Mr Seddon: 'f he license to occupy my property is in the Registrar of Lands’ Office, Hokitika. Mr made the first survey, and Mr Price the secondj of my land. The house stands on my groundnut the verandah, I believe* stands oh‘the road i*eserve. The first survey pegs I claim my land by, as the second surveyor, Mr Price, confirmed the survey made by Mr Cooper. The road was made when I bought the land but there was no drain on either side of it j there were holes

liere and there. From my house (he water would drain down the road. The water running through the culvert would go into the swAAip. The culvert was put in when the road was formed. No water lodged iA rtjy paddock before the sluicing begaA, which 1 believe commenced about two years ago. To the best of my knowledge the culvert was open when sluicing first, commenced. The cutting on the side ■of the rood is deeper than my paddock, *bnt not deeper than the hollow part of the ground.. There wote tailings there a long time before Blewrnan and party came. There were other parties slui'cing on the upper side besides Evans and party. The water soaked through tW stop-bank, and flowed over the road into my ground. It is daily running into the low ground near the house, when any sluicing is going on. In February of the present year the water of Blewrnan and party, as also Evans and party, came into my ground, I cpnld not say anything about Shaw br M'GVegor and party’s water coming in since the Ist of July last. The damage they have chiefly done is in filling-up the watercourse. I can swear there was originally a natural watercourse. Pi’evioiisly to Blewrnan and other parties sluicing, there was a heap of tailings, but they were close into the terrace. Eckett and M‘Gill were the first I sustained any damage from previous to the Ist of July last. I spoke to Brogan and party about their failings, but could not say if it Was before July. 1 made no threat of proceedings against ■any party. I spoke to Brogan in chaff one day, and said he was lucky that I had not taken any proceedings against him. The channel outside my fence was cut previous to the Ist of July. Brogan and party, I believe, cut the (channel, about twelve months ago. I f** t * e O filled the holes Up in front ot iriy house, but the water could still get through, As they were fitted purposely with wood and gravel for that purpose. When I bought my property, it was not a swamp. On two occasions in ten years I have seen the Greenstone Creek flood tire ground from terrace to terrace. The creek in a heavy flood comes over .the road. The creek may have overflowed since Christmas, but no water has come near my house. The watercourse to which I allude was well defined before thO WOrO ftln ml to the ground. The water-course in some places was three or four feet deep, but there were no signs of it visible in its natural state in July last. > Re-examined by Mr Perkins ; The water of the Greenstone Creek has never overflowed and came down the lAad Apposite my house since July last. When it rains heavily tile water comes on niy ground from the terrace side, which would not occur if this watercourse had not been filled up. To the Magistrate: There are some abandoned tail-races on the terrace, and the water coming through them would assist in flooding my ground. The troughs at my house are for the purpose of conveying slops from the kitchen-, The bed of the Greenstone Greek is higher now than it was ten years ago, when I bought the land. The fillirig-np of the creek would tend to make the water hibre liable to go over my ground than Formerly. The Water from the spouting of my house kuna in an opposite direction to the hollow in the ground. [This concluded the plaintiffs evidence. The remainder of the case will appear in Our next issue.]