RAILWAY ARBITRATION COURT.

Nelson Evening Mail, Volume IX, Issue 308, 14 September 1874, Page 2

RAILWAY ARBITRATION COURT.

[Before L. Froad, E?q., R.M., J. W. Babnicoat, »nd J. SHAar, Bsqs., Assessors under the " Immigration and Public Works Act, 1871." This wag a claim for compensation for damage to the property of Mr H. Stafford at Stoke, by the Nelson and Foxbill Railway. Mr Fell appeared for the claimant, and Mr H. Adams for the respondents. The particulars of the claim were as follows:—- --£ Value of land taken, 4| acres, at £70 per acre „. 315 Injaries to four paddocks from being cat off from water supply 780 Injury and inconvenience from water being cut off from bath-room, washhouse, &c , including costs of removal of buildings 150 Loss of water power 500 General depreciation in value of the whole estate from severance, injury to prospect, damage to property as a residence, &c, at 7 per cent oa total value of estate ... .. 749 £2494 (1.) The claimant also demands that a sufficient care bridge be erected at the expense of the Government over the line, to connect the stables and cart road with the house and entrance gate, the estimated cost of which is £200, and also that (wo level cro&singa be made to connect other portions of the land severed, or as an alternative, to one of these crossings. (2 ) That a cart bridge be built over the creek near Foy's slaughter house, or (3.) That about three acres rendered inaccessible by the railway be purchased at the price of £70 per acre. Each crossing to be fitted with sufficient iron gates. The total amount offered by Mr Mr Mackay, the land purchase officer, was £1065 or £915 and the Government to make the cart bridge. The value of the four acres at £70 per acre was addmitted by the Government. Mr Fell having addressed the Bench in explanation of the various items, called Charles Canning, who stated that at Mr Stafford's request he hud examined his property with a view to ascertaining the damage done to it by the railway passing through it. The loss of water to four paddocks, would entail tne employment of an extra man which he valued at £100 a year. This capitalised, he set down at £1500. That was exclusive of injury to the stock by being driven about. The iDJury and inconvenience arisiog from being cut off from the bathroom and washhouse, he calculated at £130, With regard to the general depreciation he estimated the damages at £1050. He had arrived at this by valuing the property at £15,000, and reckoned the damage done as being equal to 7 per cent. The injury to stock by being constantly disturbed, as was bis own experience at Richmond, was very great. Cross-examined: I think it would take a man's whole time to keep the stock watered. A bridge would considerably reduce the damage of two of the paddocks. William Rout : I have examined Mr Stafford's property, and estimate damages as follows :— lnjuries to four paddocks £800, reckoning that each paddock is injured to the extent of £20 a year. Capitalising this by reckoning the value at (en years' purchase, I arrive at £200 for each paddock. Injury to bath-room; &c : buildings £50, and loss of water £100. Damage by severance I value at £500, and general depreciation at £400. I arrived at (his by valuing the property at £10,000 and estimating the former at five, and the latter at four per cent. I think the valuation I have arrived at is the lowest possible. Cross-examined : It is the most valuable part of the properly that is injured. The whole estate is depreciated. I reckon that the general depreciation from a purchaser's point of view would be at least four per cent on the whole property. Water might be brought to the wash-house by means of pipes. If the property were cut up for sale in small lots I think the railway would still injure it greatly. W. C. Hodgson: I have estimated the damage dooe to Mr Stafford's property. The result of my calculation is: damage (o four paddocks, one man's wages at 30d a week, which, capitalised at the total for ten years, would amount to £780. Special damage to bath house and wash house £150. General depreciation £749, that is 7 per cent on £10,700, namely, buildings £2000, land £8 700. Cross-examined : A bridge would matei tally affect the question of damages. The Court then adjourned until this day week, and the land will in the meantime be visited by the assessors.

A. most disgraceful transaction was brought to light recently in the Ade-

iaide Police Court, before which tribunal Henry Rath, Arthur Johns, and Geo. Britcher were charged with conspiring, at the Adelaide races, to defraud Samuel T. C. Getting of £25, by falsely pretending to run the horse Nannygoat against Touch-Me-Not in a fair and honest manner, whereas Nannygoat was purposely ridden inside a post on the course, and became thereby disqualified — the going inside the post being done with intent to defraud S. T. C. Getting, la the course of the hearing, the following evidence was elicted from Geo. | AlforJ, the jockey who rode Nanny- I goat: — "Ha<? instructions from Mr. Johns as to how the mare was to be ridden ; they were — * I was to go inside the post, and to como in firs*,' because he knew the mare was much faster than the other one Got between £4 and £5 altogether. Mentioned the riding to others. Did not call it unfair riding to go inside a post when ordered to do so. Told Mr Dickson all about it when asked. Knew that a jockey waa not liable if he rode to order. Did not think it dishonest. Could have kept the horse straight if be had chosen. Of course he knocked his leg against the post. He waa ordered to do it as neatly as he could, so he made as neat a shave as he could. (Laughter.) There wera plenty of people looking, and they | no doubt eavv how it was done, When ; Johns first spoke to witness he told him to go inside the post. The other two defendants had spoken about the runniog inside the post before the race came off. Rath told witness to be quiet until it was all over ; that was said outside the course before the race. After the race Britcher spoke to witness about going inside the post, and aaked him, after the decision, to come and have a drink. Be gave witness ss, and said, 'You did it well.' John a never asked him to ride to win.'* The defendants were committed to the Supreme Court for trial. The rank and population of the principal cities or towns of Victoria are given thus :— Melbourne, with suburbs, 206,780 ; Ballarat. 47,201 ; Sandhutst, 28,577 ; Geelong, 21,459 ; Castlemaine, 9,322 ; Clunes, 6,058.