ENCROACHMENT OF WATER.

Wairarapa Daily Times, Volume XII, Issue 3858, 15 July 1891, Page 2

ENCROACHMENT OF WATER.

Action for Daaazos. Taylor v Ronall. TUESDAY. On resuming at two o'clock— C. E. Bremner was cross-examined at considerable length. Alfred William Renal], defendant, deposed: lam the owner of sections 59, 60, 61, and 62. Sections 60 and 61 adjoin the College Reserve. I have been thirty-one years in the district. Mr Beard: Perhaps the defendant will now produce the title deeds of sections 60 and 61. Mr. Bunny: The defendant is in possession. It is not necessary to produce the deeds. Mr Beard maintained that it was essential to produce the deeds. His Honor said lie was disposed to think Mr Bunny was right. He would, however, reserve his decision. Mr Renall, continuing: I have been in possession of the section since 1863.

Mr Beard : What section ? Witness: I was in possession of tbe whole of Masterton.

Mr Beard: Ob, thank you, I quite understand.

Witness: Tbe sections form a part of a small farm block handed over to me and foui others by Sir George Grey. Two of these are dead and three survive. We were to make such regulations as we considered necessary. The owner of the sections, Mr Hewitt, was an absentee, and he could not be given a Crown Grant.

Mr Beard: Wliao nonsense, there is a Crown Grant for Uie whole of Masterton. Witness : In whose name ? Mr Beard: I don't care a snap of the finger in whose name it is. Witness : I- bought section 00 in 1868 from Mr Skipper and entered iiito possessior of it. Two or three years after I made an exchange of a portion ot section 60 with Mr A dams for a portion of section 61. I afterwards cut the channel from the boundary of section 58 up to the junction of the lead with College creek. Mr Beard: But that's all been filled up ? Witness : No, that's what you've been talking about for the past week. Mr Beard: Well, I'm sure I don't

understand what you mean. Perhaps His Honor does. His Honor: I don't think I can understand without a map.

The witness then illustrated his remarks by means of a map. Witness, continuing : Section 110, the Bishop's reserve, belonged to Bishop Selwyn, and was held by the Rev Mr itonaldson. There was some difficulty in finding a boundary, as we had to travel over the land up to our knees in water. When I wished to cut my present lead I waited upon Mr Rcnaldson and we went to see the land in a cart. Our expedition was like Noah's Ark on Mount Ararat (laughter).

Mr Beard : But there is a differ ence between a cart and an ark.

Witness: Yes, the ark was pitched and ours was not. I don't think Ronaldson will ever forget it. The water came into the back of the cart and he got his feet wet (laughter). We came to an agreement as to the line of the lead \?hich lias been the subject of the present case. It was then all under water. We agreed upon a fence four feet from the lead and I began work. As we went along with the ltad we carried the fence along. Mr Ronaldson paid for half the fence, which was put up in 186864. I might say that I came here myself in 1859. 1 continued the lead very nearly up to the present Akura road. I had previously opened by the lead fro m the present Akura road to the culverts near the cottage, where the sluice is at present. I was then a member of the Provincial Council, and we were granted fifty pounds. At that time Hall street was not in existence, the land being all swamp and flax, j I formed the first Rondßoard of which I was Chairman and Engineer I (laughter). My next work was to form Renall street. Mr Wrigley then fenced us out and we were not allowed to g3 across his land (laughter). This led to my constructing the sluice about which there has been so much talK. In taking the mill lead towards the Waipoua I mad 9 a deviation oa account of the springs, of which there are numbers about. When the lead was put through sections 60 and 61 the water was up to your knees, and there was some of the best flax I have seen in New Zealand. To go across it was like going up the Thames Tunnel (laughter). In October, 1868, Mr Bannister took a lease of tli6 Bishop's reserve for twenty one years. He and I had a difficulty, and I got hold of section 62. In 1869 my lead was finished, and I tapped a stream from the river to scour it out. I took my water for the mill from the by-wash. I put the sluice gate in in about 1870. On September 2nd, 1884, we had a flood, a very heavy one,which carried all before it. It did not carry away my culvert, though, Mr Beard (laughter). After this we went on comfortably up to the present time. The lead was cut nine feet wide with a five feet floor, giving a considerable batter to the floor to prevent the banks collapsing. The water running down then hardly ever exceeded a foot. The mill received water from three other streams. We used very little water from the Waipoua. Some few years after the death of Mr Bannister the Akura was cut up into sections. A portion was bought by Mr Shute. There was some spleniid firewood which used to be cut and sold for firewood, and a lot of it was felled into my mill lead for my special benefit. The whole of the expenses of clearing these drains have, up to the present time, been borne by myself. I always kept the drain clear. After the flood of 1884 the river deviated, and I erected the first portion of tha dam to prevent the scour. The weir was erected in 1885, but not to supply the mill. It was strengthened year after year. I then put in three groins. Since they have been put in I have not lost two cart loads of my bank. lam only taking the same amount of water down the lead as I have been doing for the past twenty years. Last year a man named Buckingham, a well known man, a captain of the Salvation Army until he transgressed (laugh* ter) did the affair some injury. My own stakes were drawn out. Mr Reynolds afterwards put in the present piles, which did not increase the flow of water down the mill lead. Some little water might have gone over the banks of the channel, but it had not risen two feet. I have always brought a uniform supply of water down my mill Ijad. This has been the wettest summer we have had for many years, and consequently a bigger stream of water has been coming down than in previous years. The flooding of Tayler's property is certainly caused by the blocking up of the water above my property. At this stage the Court adjourned to ten o'clock next day.

WEDNESDAY. The examination of Mr A.W. Renall was continued. Tlie witness was cross-examined at considerable length by Mr Beard.