THE LATE ARBITRATION CASE.

Lyttelton Times, Volume XVII, Issue 961, 25 January 1862, Page 5

THE LATE ARBITRATION CASE.

iTo the Editor of the Lyttelton Times. || i Sib, —My attention has been called to some remarks in e|j I tout paper of the 22nd instant, on an arbitration respect- pfj I ing damage to some land of mine by a Government drain. §11 ! These remarks appear to be based on a misapprehension wM |as to facts, which perhaps you will allow me to correct. «j You assume that the drain in question is an ordinary cl road drain, required for the drainage of the Ferry"Road, S| I but that it also serves to remove the surface water from E§ !my section. If this had really been the case, I should gf have been ready to contribute to the cost of the work; pj j instead of claiming compensation for the injury it lias Big j done to me. The natural drainage of my land, however, b£ \is in quite a different direction from the Ferry Road; E| ; and the drain is rather an arterial than a road drain, pf! having been made for the purpose of carrying' off the tpjj surface water from a large extent of the Town Eeserve, k|j formerly known as- a Saupo Swamp. It was made in Kja i the first instance of far larger dimensions than would El | hare been required for an ordinary road drain, and has K9 I been still further enlarged by carrying away a portion of Rl | the most valuable part of my land. . ; E|j It will surely not be denied that -if my property is Kgi seriously injured by a government, or by any other work, IjH not connected with it, and from which it derives nolij benefit, I am entitled either to have the damage repaired, mm or to reasonable.compensation for the injury. Km I have been content to leave the question to impartial £9 arbitrators,- if their decision is to go for nothing, I shall ffa be equally .satisfied to leave it to a jury, in whose fairness Ha and impartiality I have perfect confidence. In the mean-I|l time I trust you will acknowledge the propriety of nofclta endeavouring to prejudice the public mind on a question Bl 1 which has now become the subject of judicial pro-I|| ceedings. ||| I am, Sir, your obedient servant, k|| JOHN HALL. || P.S.—You are pleased to state that I appear subject to gl the "weakness which disposes most men to a vigorous El attack on the public purse." I fear I have displayed BjS some weakness in this case, but it is in having, at the RS request of successive governments, and in consideration KB of the financial condition of the Province, forborne for Ea three years to press my claim, and in having deferred it 89 until a period when I thought the Provincial Government HI could well afford to do me justice. B To the Editor of the Lyttelton Times. B Sic, —You will oblige me by correcting one or twoßß errors which your reporter has made in the remarks at- H tributed to me upon the arbitration award to Mr. Hall. First, he should have said that I believed the land had H been bought by Mr. Hall after the drain was cut, but H " that was unimportant, asia buying the land he acquired Hj the original owners rights." WM Secondly, I did not suggest that access should be given by a foot bridge to the section, but "by such al bridge as at present spanned the cutting at the TownH Thirdly, I believe I said, or at least I intended to say, H that "it was during Mr. Hall's Secretaryship that theßH scheme for cutting the ditch along the Ferry Road was Si proposed and agreed to." The construction of the ditch Wk was not begun till some time aftei*, I think in 1856. H Several meetings were held on this subject in Christ- Wk church by the owners and occupiers of land along the ttl Creek and the Ferry Road, a large number assrv'ing that El the proper course for the drain was by way of the Creek; Wk 3lr. Dobson, however, insisted upon the Ferry Itoad lineßa being the better course. The last of these meetings took Wk place, I find, by reference to the file of the ' Lyttelton H Times,' on the Oth of Oct., 1856, and not as I supposed H while Mr. Hall held the office of Provincial Secretary. H I am in error, I find, in attributing to Mr.. Hall a par- J ticipation in the present course of that drain. It seems Wk that what he assented to, as the proposition of Mr. Dob- H son, was a drain along the north side of the Ferry lioad, H and not the south. ' H I shall feel obliged by your allowing me space in your columns to correct this mistake, which, as it is reported, H is an injustice to Mr. HaU. .. H I am, Sir, your obedient servant, Wk J. OLLIVIER. M Christckurch, Jan. 23,1862. H To the Editor of the Lyttelton Times. B Sic, —In the letter from myself you were kind enough M io insert in your last issue, an important error has occurred. Eg Instead of "10 ewes were decided by his overseer, to n belong to him," it Khould be, " decided by his overseer Kg ''lotto belong to him, but which Mi\ Acton has no moral ff| '.loubt belonged to us." In the latter part of my letter, HI instead of " Mr. Acton, Mr. Lee, and my own present D partner," it should be, "Mr. Acton, Mr. Lee's, and myH| ; own jnx-Ecnt partner." H| I You would oblige me by inserting these few lines. El I I am, yours, &c., B| j■. LAWJEtENOE KENNAWAY.Kj

|j§ intending competitors to send in tlioir names on or beforo i M the 20th March next, to the senior officor of tho corps 6 II *° wlnc' l "wy belong, who shall forthwith cause lists to f fcp be compiled from the names sont in, but if ho considers I M that any such person shrill not hayo .attended, whon ro- f H quired, sulliciently regularly at drills, parados, training I j^jj or exercise, ho is authorised to prevent such person from ** firing for tlio prizes. M 4. A list giving each competitor a number only, to bo 'I given to the o/lieor and marker, another list to bo made H out with each competitor's name and corresponding num-L \l bor on it to be kept by the officor commanding and officor f| stationed at tho spot whoro tho competitors fire from. | 5. Should auy competitor absent himself without leave (jj when his turn comes to fire, he is to forfeit his chance, ■j and a shot is to bo fired in the ah- (which the marker will iscoro as a miss), in order to keep the numbers on the lists correct. C. llifies and ammunition supplied by the Government. ST.B.—Spare rifles will be furnished on the days of firing to thoso who may require them. 7. Without artificial rest. Ist range, standing j 2nd range, kneeling; 3rd range, in any position.

Wooden targets when required to be ordered by the officer commanding, to be made at the different stations. 6 feet by 2 feet, painted as shown at the end. 9. Ties to fire five rounds at four hundred yards at one target. In this case, shots to be measured from the centre of the bull's eye. Ties to be fired for and decided previous to forwarding the lists, and names to be placed on the lists, in their proper order according to the number of points made. 10. Competitors to have the benefit of any shot on the King. 11; Any shots which touch the ground before hitting the target (ricochets) to be noted R in the column for misses. 12. All hits to count according to where the bullet " first" strikes the target. 13. All differences as to points, &c, to be decided by the officer commanding the corps at the station, before any returns of the firing are finally made up. 14. Officers commanding corps to be on the ground. One officer to be appointed to call the names of competitors at the place of Jiving, and another to remain near the target. 15. A marker to be appointed by the officer commanding fit each station, who willbe under the officer appointed to remain near the target. 16. The medical officer to attend. Where there are no surgeons of militia appointed, a medical practitioner to be employed. . 17. A return of the names of all competitors, with the number of points scored by each, to be forwarded by the officer commanding at each station, to the Deputy Adjutant General at Auckland, according to the accompanying form, as soon as possible after the fire has ceased. 18. The attention of commanding officers is particularly ealledto the following rules to prevent accidents :■ — No competitor is to cap or cock his rifle before coming to the spot from which he is to fire. Wo competitor is to let the cock of his rifle down when an unexploded cap is on the nipple, but to keep it at half-cock. ' Competitors before firing are to take a few paces in front of all lookers on, and to see that no objects are in the line of fire. H. C. Balneavis, Deputy Adjutant General of Militia and Volunteers. Auckland, Ist January, 1862.

18. Target sevei a to be used at •al distances. Valu< of Mi die )inj is at itani loirits each Distances at wliich to fire. No of rounds to be fired at each dstnce. Sizi a of to I I I 6 no Si ! "§ O 100,200, and 300 yards. 5 rnds at each dstnce. One. 8 in. 2 feet diamtr 3 .- 1