MOTUEKA BOROUGH v. KNAPP.

Motueka Star, Volume V, Issue 244, 22 December 1903, Page 4

MOTUEKA BOROUGH v. KNAPP.

The following is the judgment given on Monday by the Stipendiary Magistrate, Wilson Heaps, Esq., in the above case. The Corporation was represented b} T Mr Johansen, instructed by Messrs Adams and Kingdon, and the defendant, Mr E. A. Knapp, by Mr A. T. Maginnity : —This is an information laid by the Town Clerk of the borough of Motueka against one Edward Arthur Knapp for that he did {interfere with a drainage work in High Stieet in the said Borough by stopping the outflow of the said drainage work contrary- to the form of the Statute in such case made and provided, to wit, Section 285 S.S. [c] of the Municipal Corporations Act 1900. Evidence was led by the Counsel for the Informant to show that years ago in the early days of Motueka there was a considerable flow of water from the west across the road to the east side where it passed through what is now Knapp's, Rankin's and Thoip's land, with a view to establishing that a watercourse existed. At first, when the road was a mere Surveyor's track through the primeval bush, it was crossed by the help of the fallen trrfnk of a tree ; later it was bridged in wood ; this in turn was replaced about thirty or forty years ago by a brick culvert which still remains, but has been .supplemented by a pipe drain running parallel with it, but at a little higher level —the width of the street—and another pipe drain leading from the water-table on the east side of the stieet under the footpath near to the said culvert, and pipe drain. It is the stopping of the outflow from these drainage works that is complained of. The evidence has abundantly satisfied me that there was a considerable watercourse existing, into which the drainage work in question outflowed ; I that the watercourse still exists, but is Li,w., .„o,J-a.l than formei-b:- ««d *.h.*+. .; M any case a prescriptive right to the outflow from these drains has by long enjoyment—extended much overtwenty years—been established. There has been no disuse or neglect shown and no authority to interfere by blocking has been shown to have been obtained by the Defendant. The effect of such blocking is to back water into private land and on to the main street. The counsel for the defence raised the question of jurisdiction, affirming that this was a question of his client asserting his title by his action in stopping the outflow of the drainage work on to what he contends is not a watercourse, but his land. I rule that the question of title is not involved, and that this Court has'jurisdiction to try the information as laid. It appears to me, however, that this action has been entered upon with a view to obtaining a decision of much wider question than is disclosed by the information. All the Court is asked by the information to decide is—did the defendant commit the offence created by the said Statute, namely, "interfere with a drainngework in High Street in the borough of Motueka by stopping the outflow of the said drainage work." He admits that he did cause the outflow of the brick culvert, the pipe drain and the water-cable drain, the drainage work in question, to be blocked. A definition of drain not being given in the Municipal Corporations Act, 1900. I look for it in an allied Act and Section 241 of The Public Works Act, 1894, defines a drain to include every passage or channel on ot under ground through which water flows, whether continuously or intermittently, except a navigable* r'v-?r. Hie evidence has Satisfied me that these drains are a drainage.-work in High Street, in the borough of Motueka. I find, therefore, that the defendant did commit the offence with I which he is charged and has thereby

rendered himself liable to a penalty of ,£2O, but consrdering the circumstances of the case I fine him in the nominal sum of one pound and costs. The costs are as follows :—Court costs 28s, solicitors' 425, witnesses .£3 i6s ; total £7 6s. At the request of Mr Maginnity, the fine was increased to £o Is in order to allow defendant to appeal on matters of fact, as well as law. The Magistrate also sanctioned a deposit of .£lO, in in lieu of recognizance, in each case, i.e., in the case of matters of fact to the District Court, and on matter of law to the Supreme Court.

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Wh.it the active p osecution of the Patea harbor works means is shewn by the leaflet issued by the Agricultural Department, giving details of the export of produce from the various ports of the colony, which shows that for the month of November just passed the butter exported from New Plymouth amounted to 10,171 cwt., of the value of L 45,789, while the export fiom Patea during the same time amounted to 8,719 cwt., of the value of L 40,686. The little harbor pays its own little way without asking any farmer for a rate, and is creeping up fairly close- to the big cannibal at New Plymouth, which half lives on the vitals of those who feed it.— Inglewood Record. ~~*JS£v Herbert .Meyer, formerly of Station Peak, Nelson, died last month at Highfield, Bromley, Kent, in his 74th year. The late Mr Meyer was one oi thh earliest settlers in Nelson, whither he emigrated from England in 1845. He was one of the first to drive sheep through from Nelson to the WaiUki, no light undertaking in the days when roads and bridges were not. During the last few years Mr Myer had been living in England." Mr Tasman Gibbons, late mate of the coastal steamer Aorere, has been appointed chief officer of the new Anchorliner Alexander. Mr Gilbertson, late master of the scow Magic, has been appointed mate of the Aorere. At an aitesian bore on the estate of J. J. Parkinson, near Coonable, New South Wales, a flow of 2,000,000 gals, has been struck. The sea is said to be gradually eating away the French Coast, having within the last five years swallowed up no less than 460 acres. A thief broke into the Salvation Army barracks at Winton, Queensland, and stole 17s, leaving a note, "Enough for the present ; better luck next time." The outside walls of many of the houses in Mexico are from 3ft to 6ft thick, to withstand earthquake shocks. The French Government employ 1550 workmen and 15,000 women in tho State tobacco manufactories, and make a .yearly profit of .£16,000,000. An admiral flies his flag at the main mast, a vice admiral at the fore, and a rea.r admiral at the mizen.

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