PICTON & BLENHEIM RAILWAY.

Marlborough Express, Volume VIII, Issue 501, 21 May 1873, Page 4

PICTON & BLENHEIM RAILWAY.

Ox Friday last an Arbitration Court was held at the Court House, before S. L Muller, Esq., R.M., assisted by James E. Horlson, Esq., J.P., and H. Dodson, Esq. as Assessors. The proceedings were hold under the provisions of the Immigration and Public "Works Act, 1873, whereby i' is provided that if no agreement be come to between the Government, and tlr owners of lands required or injuriously affected by the "Railway, such questions .shall be settled by the E.M., and two Assessors appointed by him. Mr Barley man opened the proceedings on behalf of the Government, and stated tha 1 ) m order to facilitate the business all formal notices had been waived by both sides m each case, and would be m the light of a friendly suit. REDWOOD BROTHERS. In this case Mr Barleyman shewed that an agreement had been made with the parties for .£4OO, which sum was to cover cost of land, severance, damage, fencing, and approaches to' crossing. The question m dispute whs a claim of £100 for being deprived of the use of the old-voce-cour.se as a training ground for racehorses. It was purely a claim for specialdamages to the course by reason of the railway passing through ib. Mr Joseph Redwood stated that the agreement was for £25 ppr acre, and at the rate of £80 a mile for fencing, but besides this they claimed £100 for the racecourse. They were connected with a lot of race-hoi'ses which rendered a course necessary ; the present one is only fit for summer, being wet m winter, and it would cost £100 to make another. The present course had a public road running through it, and it was now wanted. They intended making a new course on another part of their property, but it would not be m as advantageous position ; had not used the old ground for three years, and it had been ploughed up, but its natural formation enabled it to be used at once. The propose 'l

1 -nurse was full of hollows and creeks which would have to bo filled 'Hip. The public road goes right through the centre of the course lately used, it would be necessary to put a division fence across it this winter. Had roughly estimated the expense of making a new course at £100. It would be farther up ■ the road near to the scrub. Had it not been taken up for the Railway they should have used the old course this winter. We have a right to use as a course the land formerly used ; the original road alluded to by Mr Barleyman was exchanged with Mr Redwood by the Superintendent for the present road by the mill to Phillips' corner. His Honor Mr Seymour being called, said such a change was contemplated years ago, but he had no knowledge of it being effected, either officially or otherwise. If such was the case he was satisfied that tho change was a good one, and as Superintendent was quite willing that it should be carried out. In respect of the present action, would consider the exchange as made. * Mr J. Redwood said the road originally laid out by the surveyors was quite im practicable, requiring no less than three, bridges m a few chains. After some further remarks from Mr Barleyman relative to the absence of any legal exchange, the Court gave it as its opinion that Messrs Redwood had substantiated their claim, and the award would be for £100. FRANCIS PARISH. Mr B-irleyman said the amount claimed was £130 for 35 perches of land at the Bush. It included a piece of branch road or approach, which was to be made and metalled m order to give Parish access from the road upon his Jand. Mr Rogers, of Adams & Kingdon's, for the claimant, said he claimed for the loss of frontage to the road, the line taking off the whole of it, and nearly a quarter of his land ; for loss of road on to it, necessitating 9 chains of road to be made ; the . entire acre was- of clay for brickma.king, and it would take half of the remaining clay ; the cost of removing the brick-kiln to a new scene of operations would be" £40, and for having to travel further m 1 carrying bricks, £20, besides an outlay for making the present approach. R Parish said he owned one acre for brickmaking purposes having a kiln on it ; the line would take £-acre, leaving about -J-acre available for bricks ; valued the whole acre at £300 as now situated ; had worked it for last ten years, and could do so for the next 30 years ; had about 6 ffc.before coming to the quick sand, but did not go so deep ; gave £30 for land originally m its raw' state ; the kiln was about 7 feet from road; the clay was not better than any 1 m the neighborhood ; would have to move kiln to a fresh piece of land if he bought any to replace that taken by the line ; it was formed of 30,000 bricks built as a casing, and would cost £40 to make the bricks nnd lay them on a new site ; have only had to remove fire-holes three times since starting; old bricks would not stand moving ; have been burning m it 8 or 9 yc.u-s, and would last as much longer; have not used |-acre, and the line would take i-acrc ; with repairs the kiln would last 20 years ; the land adjoining me belonging to Shepherd might bo of same quality as mine ; that between mine and the Bush road is good clay. P. Rush said the ground was fair for brickmaking; knew adjoining land, but thought it doubtful if there was another - lacre of good clay, it might be a quick■snnrl ; clay taken for line might be worth £50. There is a similarity between Shepherd's land and Parish's ; had found that a low suface indicated quick-sands ; the ditch m front does not show quicksands all the w.-iyalnng; know the road Leading into ■■ avish's land, it would have cost £15 to ;n;;ke at various times; tho portion taken by the line is fie for brick-making. John Shepherd said he had sold the land adjoining claimant's for £25, there was 48 perches, which was a fair price for it ; he thought he would let them have it cheap m order to get the Railway along ; it was about the same character and clay as Parish's, and had no reason to think there is any difference between them ; Parish has laid out a deal of trouble m making his road into his land good, that and his trade makes it more valuable. Mr Barleyman m replying said there was 27-J- perches taken by the line, and at the same rate as paid to Shepherd he computed the value at £18 ss. The Court said it was of opinion that the value of the claim was £GO. JOHX JEItMYN. Mr Rogets appeared also m this case, and elicited from Mr Jerruyn that his land cost £110 or £30 a quarter-acre sec-

fcion; Lad since surrounded tLe portion to be taken with a live fence, which with otLer improvements Lad cost him £60, tesides the stable which cost £60, and was now -worth £20 ; he considered his land was now worth £50 the quarter-acre ; it had increased m value through the floods now coming to Blenheim ; there has not been any land sold at the Bush lately,'because there had not been any to sell ; the corner section opposite the hotel was very valuable ; had been offered £150 for the first section, and considered £200 too little. By Mr Barleyinan : Gave £80 an acre 10 years ago; had .planted 7 chains with a live fence, which will keep m cattle without any other fence, worth £5 a chain ; land had been m grass, which cost £2 10s putting clown ; yes, he had had the benefit m the meantime ; the land on which the stable stands is valuable, but the line took half-an-acre out of f-acre m the section. John Shepherd said he valued the corner, section at £150, and the remainder at £100, m all £250. After Mr Barleyman had addressed the Court, the award was £110 as against £200 claimed.