LAND DRAINAGE CASE.-

Press, Volume LVII, Issue 10764, 18 September 1900, Page 2

LAND DRAINAGE CASE.-

AN APPEAL,

At the Kaiapoi Magistrate's Court yester* day, before Mr H. W. Bishop, S.M., an appeal was heard from J. Mathers, Saltwater Creek (Mr Harper) against an order of the Kowai Road Board (Mr Russell and Mr Johnston), made on August 2nd of this year under the Land Drainage Act, 1894, requiring the present appellant to remove willows, weeds, and mud from the watercourse to the centre of the same on land between Mathers and W. Bell, on R.S., 1455, also to remove willows, weeds, and mud obstructing the natural course of the same water-course at its outlet.

Mr Harper said it was admitted by the Board now that the order did not apply to part of the and the appeal was on the grounds in-section 9 that the Magistrate might decide on the necessity for cleaning the course. He would argue the law.gave the Board no power to remove the obstructions under that section, and could not enforce the order.

J. Mathers said be had owned the 80 acres, section 1455, fourteen years, and knew it twenty-eight years. The creek in question formed the boundary fence, as it were, for the land. The opposite side of the creek waa pared but witness declined to do anything, as the creek was taking all the water, and there was no overflow, except from heavy rain at the Ashley, which would flood the place, however, much it was cleared. On a supposed road an artificial drain was made, which carried the flowing water. T. Wyliie said the creek would be better for a ckan out. Considered tihe artificial drain on the road provided drainage for Bella land. The only proper way to clear a creek was from both sides.

G. Slater, licensed surveyor, said the creek was carrying away the ordinary drainage, the artificial cut taking as much as would go by the natural loop. D. Cameron, W. BeH, W. Thompson, R. Ligget, and H. Gorrie gave evidence. The latter stated the Road Board were requiring the road to he opened, and the artificial drain would have to be ahut up. . 6. A. "Wornall, Chairman of the Kowai Road Board, said the proceedings were taken to give relief to Thompson and Bell, who complained the creek was blocked, and a deputation viewed it, and the report waa the cut must be enlarged or the water taken out by the natural channel The Board objected to enlarge the drain as persons were asking to have the road" formed, and, therefore, made the order to clear tire water course and the loop referred to.

At tbis stage the case was adjourned, Bine die, the Magistrate to inspect the locus in quo, and argument to be taken in Christchurch.