ENCROACHMENT OF WATER.

Wairarapa Daily Times, Volume XII, Issue 3855, 11 July 1891, Page 2

ENCROACHMENT OF WATER.

acuob lor i/amaßou. Tayler 7 ReaallFRIDAY. On resuming at two o'clock— Mr Beethara was examined and cross examined at some length. Mr Frazi, re-called, stated : Since I gave my evidence yesterday I have inspected the river, and find there is no current at tbe by-wash near the junction of Mr Benall's race. I Lave also inspected Taylor's property, and find that about one acre is nine inches lower than the bank of the race. I find that the overflow or the river can he attributed to nothing else but the water irom the race. I wish to express myself strongly on this point. I do not look upon the race ns a drain, but as a diversion of the Waipouar to drive a mill. The only way to abate the nuisance would be to enclose the water in a box drain, or by other means confine it to its own limits. By Mr Bunny : There is not sufficient water in tbe swamp to injure the property.

Thomas Mackay, sworn, stated : I know Mrs Tayler's property, which I recently visited with Mr Beetham. I have known il for several years. The ground was fairly dry originally, excepting what I should call a small raupo creek. The land is good, and I should fix the rental value at £lO or £l2 per acre for garden purposes. If there was no water race, very little drainage would be required for Tay-

ler's property. Without a sluice gate there would be a danger of a large body cf water coming into Masterton. Mr Mackay was cross-examined at some length by Mr Bunny. T. P. Lett deposed to having seen the property and found it unfit for cultivation owing to its excessive moisture. J. C. Ingram, sworn, stated that in his capacity of Inspector of Nuisances he had inspected the creeks in the neighbourhood, The College creek was free from obstruction, whilst Mr Renall's water race was obstructed in several places. The Court then adjourned till noxt day. SATURDAY. Mr Frazi was again called and examined at some length. Edward Tayler gave evidence as to

the damage sustained through the ■/] overflow of water, and stated it was • - j quite impossible to cultivate the land -J adjoining the water race. He was 4fl being cross-examined when the OourJ 1 adjourned till Monday. . 1