FARMER'S CLAIM

Evening Post, Volume CVII, Issue 149, 28 June 1929, Page 14

FARMER'S CLAIM

MAINTENANCE OF DRAINS

Questions of law removed from tho Nelson Supreme Court for argument occupied the attention of the Court of Appeal, consisting of the Chief Justice, the Hon. M. Myers, Mr. Justice Herdmari,' Mr. Justice, Adams, Mr. Justice Blair, and Mr. Justice Smith, yesterday afternoon. ' The plaintiff was Walter Douglas Thompson, farmer, of Wakapuaka, and the v defendant, was the Wakapuaka Drainage Board. The board had the' management of three drains adjoining and intersecting the plaintiff's land. Since its incorporation, the board had kept tho drains cleared and in proper prdei', but recently, owing to insufficient funds, 't notified the plaintiff that it proposed to discontinue the work, arid intended, under section 7 of the Land Drainage Amendment Act, 1913, to order the plaintiff and the other occupiers of land in the- drainage district to remove all obstructions calculated to impede a free flow of water. The plaintiff notified the board that he intended to claim damages under section 25 of tho Act if it failed to keep the drains in prope* order, and claimed that the board had no authority to order him, to do the work. Ho acknowledged that the general rate did not produce sufficient revenue to keep the drains in proper order. Argument was mainly directed on the question whether the plaintiff could compel the board to do the work, and could claim damages if it did not do so. or whether the board could discontinue the work wholly or in part, and order the plaintiff and others in the district to maintain the drains. Mr. C. E. Fell appeared for the plaintiff, and Mr. J. Glasgow for the board. ! The Court reserved its decision.