WATER-POWER RIGHTS.

New Zealand Herald, Volume LX, Issue 18461, 26 July 1923, Page 5

WATER-POWER RIGHTS.

UNUSED PUKEKOHE MILL. CLAIM FOR COMPENSATION COURT AWARDS MILLER £72. The claim in respect of certain waterpower rights at Pukekohe was concluded by Mr. Justice Herdman, sitting, with J Mr. D, Harvey/ of Auckland, and Mr. D. Fulton, of Tuakau, as assessors, as a compensation Court yesterday. Richard Edward r Pilgrim (Mr. . Leary), a miller/ sought to recover .£BOO from the Pukekohe Borough Council (Mr.- Endean) ox,, the ground that the taking over by proclamation, in April, 1920, of certain lands adjacent to his property, over which ho j had an easement, had deprived him of j water power derived from a dam and mill-race. ' V" ■:}'}} !fhe defence 1 was that (1) plaintiff had. no right to dam the water (2) if he ever had any such right it had been abandoned; and (3) if he had'" any right and it had not been abandoned it had - »Jo value in law. , . ! .. Andrew Murray Bell, secretary of Bycroft's, Ltd., of Auckland, said that 1 , local wheat was unsuitable for milling at: Pukekohe, as the climate was too moist. The cost of bringing southern grain to plaintiff's mill would be about 32s 6d per ton. Five horse-power would produce one sack per hour and eight horse-power 1£ sacks per hour. His company would not entertain, for a moment a proposition to estabhsn a mill at Pukekohe. To His Honor, witness said he did not consider a man could establish a mill at Pukekohe, run it himself with the' help of a boy, with power such as plaintiff had, and make it a profitable venture. ■ Joseph Adams, who had , farmed at ] Pukekohe, said that when' the mill was erected .. the settlers thought it a fine thing as they could then grow wheat. Witness helped to build the dam, without being paid for his labour. When tfce mill was closed down no wheat was grown in the district. 'During the last 30 years the mill-race had been practically covered with weeds. James Chalmers, a retired farmer, residing at Waiuku, stated that a mill which was operating there 23 years ago, was closed and then pulled down. They grew no wheat there now; it did. not yield good flour. It would not pay to grow wheat. ' : Thomas Ralph Gulliver, •• civil engineer, of Auckland, and retainedby : the ; Pukekohe Borough Council, said that under the deed plaintiff had the right to cover one chain square, and a further right to cover a ouarter-chain square on payment of a further sum. Plaintiff was covering too much ground now. 1 Assuming he had the rieht to dam the water over Spring's Road he could not have put in a ; dam which would have enabled water to flow into the race without covering more area than he was entitled to. , Mrs. Pilgrim, recalled,' said, from her recollection, _ plaintiff did all the work of the mill himself. Sometimes he": had worked 24 hours without stopping, when people had brought grain from great distances; ' ■ ; '• The Court awarded as compensation to claimant on all counts. £72. Th assessors' fees were firod at £26 5s each, the Court directing that each party pay its own assessor, and costs. Ni .