TEMUKA ROAD BOARD.

Temuka Leader, Issue 1375, 6 August 1885, Page 2

TEMUKA ROAD BOARD.

The usual monthly meeting of the above was held last Tuesday. Present— Messrs Talbot (Chairman), Quinn, Smith, and Brown. MINUTES. The minutes of the previous meeting were read and confirmed. chairman’s statement. The Chairman said that in reference to the local Bills, the County Council did not meet for a|week later than usual, and consequently he did not think It of any use to call a meeting, of the Council to discuss the local Bills as agreed to last meeting. There bad been some floods since last meeting but no serious damage hod been done except what had been done at the Oxford bridge. People |were in the habit of taking limber from the riverbed and some was taken away which had come from the Oxford bridge. He did not, however, like to take action in the matter because it was too serious an affair. If an information were laid against these people there was nothing

less than imprisonment for taking this timber, and he did not like to take that step a& no doubt they did not know it was so serious. Mr Quinn ; The persons who took the timber did not know they were committing a larceny ? Mr Smith : They think they have a right to anything they find in the river. The Chairman : That is a mistake. They could be imprisoned for it. MR MALARKY’S CLAIM. The Chairman read the following report on Mr Malarky’a claim : Report of Sub-Committee appointed at a meeting of the Road Board, held om Ju'y 7, 1885, to inspect Malarky'a drain, and report on the claim for damages made in respect thereto :

“ In accordance with resolution of the Board, we, the undersigned, accompanied by the .Overseer, visited Mr Malarky’s farm at Milford for the purpose of ascertaining, as far as possible, whether his claim for compensation for damages, alleged to have been caused through neglect on the part of the Board to keep 8 certain drain (known as Malarky’s) properly clean, is a just and reasonable one or otherwise. The damage for which compensation is claimed is stated to have taken place about twelve months ago, and consisted, Mr Malarky (the claimant) says, in the perishing of 20 acres of wheat caused by the overflow of the'said drain. The principal act of neglect is said to have been allowing the drain to become dammed up at a spot some distance outside of Mr Malarky’s land thus throwing the water back on to Mr Malarky’s wheat paddock, submerging and destroying the wheat grovring thereon. “ The first point to be considered is, of course, the Board’s responsibility for keeping the drain clean. There is a rscord that Mr Malarky and others gave permission tor the drain to be made, but no conditions as to cleaning are mentioned, and having inspected the place, wo are of opinion that no reason exists to load us to suppose that such a condition was implied or intended. The drain appears to have been made solely for Mr Malarky’a benefit, because the whole of the water that flows in it, or very nearly so comes from his own land, and it is manifestly better for him to have the drain cut through his land than taken alongside his fence on the roadside, considering that when if was allowed to go that way, viz., along the roadside, it caused damage to his fence, and, also, further considering that the drain was cut as nearly as possible in the natural direction that the water would have taken. We are of opinion that Mr Malarky has sustained no damage whatever at the bands of the Board. Even assuming the Board was responsible for keephg the drain clean, and that it neglected to do so (which, however, we do not admit), Mr Malarky has also shown contributory negligence ; Firstly, by not informing the Board that the drain required cleaning ; and, secondly, by not making any claim until twelve months after the alleged damage occurred, thus rendering it a matter of impossibility to assess amount of damage satisfactory. Wo do not say that the crop suffered no damage, but if it did, it was doubtless due to the naturally swampy nature of the land in a wet season. In any case, were the drain choked up altogether it could not have affected one* third of the area claimed for. There is no evidence that the drain was choked up, and the evidence leads in the other direction. The dam on which Mr Malarky laid so much stress could hardly have affactod him at all. “Under the foregoing circumstances we cannot, in justice to the ratepayers, advise the Board to admit any claim for damages. “ John Talbot. “ M. Quinn.” On the motion of Mr Brown, the report was adopted. ACCOUNTS, Accounts to the amount of £77 3s were passed for payment. INTERVIEW. Mr J. F. Douglass waited on the Board in reference to a creek that overflows his garden. For three seasons he had lost a crop in hia garden. Ho also asked whether there was any chance of hia getting any work from the Board. Mr Douglass then retired. In reply to the Chairman, the Overseer said Manning got £1 for doing the place before. The place had been improved by what Manning did. The overflow wag from flood. The Chairman said that in that case it w>B no fault of 'he Board. The land was low. If they did that, they would hive to raise all the low lands in the country subject to floods. As regards the other application the Overseer appeared to be dividing the work very fairly between tire working men. The Board decided to leave to the Overseer the selection of the workmen. Mr Mclnness waited on the Board to complain of one of the Hoad Board cottages near his bouse. The cottage was in a disgraceful state, and the resort of vagrants, one of whom set tire to some straw there recently. Only that he put out the fiie it might have burned his own house down. It was a meeting home for all the cats in the country; it was a filthy, ugly eyesore, and ought to be either repaired or pulled down.—lt was decided to board up the doors and windows of the cottage. Mr O. P. McGallum waited on the Board in reference to the crossing at Smithfield.—After the matter had been discussed, it was decided that Messrs Brown and Quinn, with the Overseer, should meet some of the landowners interested and arrange as to what should be done, the landowners to contribute a share of the cost.

Mr Sfcengar, contractor for keeping the Uangitata fords in repair, waited on the Board in reference to a month’s salary having been stopped from him. He had worked nine days “ successfully,” and it was not fair that he should not be paid.—The Overseer explained that the ford* had to be done, and the contractor was not doing them. He had to take men with him and do the work, and the cost of doing the work had been deducted from Stengar’s salary. This was done inaccordance with agreement.—As the matter was referred to in the Overseer’s report further consideration was deferred, and Mr Stengar retired. Mr Owen Oarr waited on the Board in reference to a fence on the road near his house. —The fence was ordered to be taken down. The Kev. Mr Hamilton, as Secretary of Benevolent Society, wait«d on the Board.

He said there were men in the town whose families wanted food and they COuld get HO work. The Benevolent Society proposed that as they were distributing public money, they should get public work done for it. If the Board gave these men work the Benevolent Society would pay them on the Overseer giving his certificate that the work have been done. The object in view was that the men should feel that they had worked for what they were getting.— After a good deal of discussion the Board decided to provide work for men recommended by the Benevolent Society and paid by them. CORRESPONDENCE. From the Geraldine Road Board in reference to boundary road, and enclosing the following proposals : —“ That the Geraldine Road Board are of opinion that the whole of the cost of the boundary road should be equally borne by the two Boards, and that a statement of expenditure should be rendered annually for settlement by each Board. The Geraldine Board is agreeable to accept the maintenance of the Winchester end of the road. That any expenditure amounting to £2OO should be sanctioned by both Boards.”—-It was decided to forward to the Geraldine Board the following reply : —Resolved—“ That this Board are at a loss to understand why the Geraldine Board object to the conditions submitted to them re the maintenance of the boundary ro«d, and desire to point out the arrangements proposed by the Temuka Board is calculated to work more smoothly than their counter proposals, leas much as were their proposals adopted either Board might demur to paying its share of any heavy unauthorised expenditure. Our proposals are that the cost of certain specified works shall be shared, provided both Boards have agreed to their being requisite, and that for purposes of ordinary maintenance the length of the road be equally divided between each Board ; this Board being indifferent as to which end they take over. If the cost of all works are to be shared, this Board would prefer to follow the Act in its entirety ; each Board, however, taking a length of the road for supervision of works only. The object this Board had in view was to draft proposals which would avoid future misunderstandings, and would allow of ordinary maintenance being carried out without the trouble and delay of first referring to each other, and that would necessarily act fairly. We are of opinion that these objects would be secured by the adoption of our proposals, and we therefore ask the Geraldine Board to reconsider their decision on the matter,”

From the Property Tax Department, forwarding a circular giving information as to the steps to be taken to obtain payment of rates on native lands. —There being rates outstanding on such lands, the Chairman was asked to act in accordance with the circular. from Mr R. A. Barker, in reference to a dam which had been cut away, which let the water on to his land, and suggesting a drain should be cut. In reply to the Chairman, the Overseer reminded him that Mrs Johnston had sent a lawyer’s letter some time ago on the subject. No notice was taken of it, and probably that was the reason the dam was cut. -It was decided that the Surveyoi should sea to the matter. From Messrs Meason and Marchant, stating that they had entered into partnership as civil engineers, etc. From Mr D. Taylor (private letter to Mr Talbot) in reference to the School Road, Eangitata, and stating that after a shower the children could not go to school, owing the the water lying on the road.—The Chairman said he had brought the matter up again, but after some discussion it was decided that owing to ths heavy expenditure required the work could not bo done at present. From Messrs Whitcombe and Tombs, asking for information for their Almanac. From Mr Baxter, on behalf of the Waimate County Council, asking for the receipt for poisoning wheat, and any information on the subject which might prove useful, —The Clerk was authorised to reply that the receipt was not the properly of the Board. From Mr Yallender and several other asking the Board to continue the formation of footpath on the north side of Denmark street, as they were almost impassable.—The Overseer reported favorably on the subject and the work was ordered to be done. overseer’s report. The Overseer’s report was read as follows : “ The recent flood having eaused considerable damage to the fords in various parts of the district, I had them made passable as soon as possible, and steps ars now being taken to hare them put in good order. Some of the shingle was scoured off the Geraldine road. Part of it has been replaced and the worst holes filled. While the flood water is allowed to run over this road as it is at present, it will be scoured *very flood. 'Jhe shingle has also been scoured off about 4 chains of the Kakahu Road, and what could be got has been put back again. This piece of road will require about 60 yards of ehingls. I do not see how the scour can be prevented without a deal of expense. The cutting at the TemukA river on the road leading to Palmer’* having been washed away, a fresh one has been made. The bank of the river at this place is now about 75 feet from the footbridge. It would require three *pane on to the end of the bridge to connect it with the bank. The crossing made at Milford to give access to Mr Ackroyd’a land was to a slight extent scoured by tha late flood. I think this place should be made substantial, as the only other ford across the river below Temukn is too deep (even when the water is low) to cross. There is about six chains of road near Eangitata river that requires to be shingled, on the way from Badham’s to Eangitata Island. The next three months being a good time for shingling, I would recommend that this end of the Eakahu road, about 80 chains, and 60 chains of the Boiling Down road be shingled next month. The Boiling Down road would require 10 yards to the chain, the and Eakahu road from 12 to 15 yards to the chain. About nine chains of Denmark street footpath requires forming. I would recommend that fresh tenders be invited for keeping the Rangitata fords in repair, “ (Signed) F. Archer, Overseer.” The following resolutions re Overseer’s report were passed :—The Overseer to shingle the Kakuliu road ; also to carry out the suggestion with regard to giving access to Mr Ackroyd’a land ; the shingling on Badham’s road, Eangitata, to be done ; tenders to be called for shingling this end of the Kakahu road; fresh tenders to be culled for keeping the Eangitata fords in repair.

MISCELLANEOUS. Mr Quin a said Mr Grant was bringing some cattle down from the Mackenaie Country to sell tliem, and asked for the use of the Pound for the sale.—The request was granted. Mr Quinn said the road from Winchester to Paterson’s road was badly in want of shingling.—Tl e Chairman said the Overseer would make out a list of all the roads that needed repairing, and this could bo reported on at the same time. The Chairman said the road near Mrs McKenzie's house was kept constantly wet by willows which wore drooping over it. He thought the willows should be cut,—lt was decided to give notice to the owners of the land to cut the willows. The Overseer said the embankment at the Rangitata made by the Board of Conservators was throwing up water on the road. He spoke to Mr Barker about it, and Mr Barker suggested that a hole should be cut through the embankment, and a flood-gate put in it, so that the water could be let out after a flood. Mr Barker promised to try to get the Board of Conservators to agree to this. —The matter was left in the bands of the Overseer to see to. TENDERS. Tenders were opened as follows ; Contract No. 27—Clearing drain : C. McAuliffe, £3 9s (accepted); G. Hobbs, £3 10s; J. Daily, £3 17s; P. Francis, £4 2s ; H. Lynch, £4 12s ; J. Morgan, £5 ]4s; F. Colville, £7 12s; T. Egan, £ll 8s ; R. Flanagan, £9 3s 8d; T. Burke, £l2. The Board then adjourned.