ASSESSMENT COURT.

Otago Daily Times, Issue 5671, 23 April 1880, Page 5

ASSESSMENT COURT.

Thubsday, 22nd Apbic.

(Before Mr Justice Williams (chairman), Francis Eulton, EBq., and K. A. Lawson, Eg., •asesors.)

JOHN JLLVES V. THE CORPORATION OF DUNEDIN. Claim L 50,000, in respect of lands taken and injuriously affected by the respondents by the construction of the Silveratream water-race.

Mr Stout appeared for the claimant, and Mr James Smith for the respondents. The action was brought ia accordance with the following notice previously served on the Corporation:—

To the City of Dunedin. ?■• .roas» l<v notice datod 22nd October, 1878, and publicly notified in the New Zealand Gazette of NoeS er. Jth' 1878> the lands specified below, being parts of sections 5 and 6, block VII, Dunedin and East iaien district, were taken for the purposes of a waterraee or aqueduct for obtaining: a supply of water for the inhabitants of the city of Dunedin and its suburbs S. i m'f,' called the silvcrstream and its tribuHm, fh ot lcr SI"aU st"«nH flowing through portions of the lands which the said race or aqueduct would intersect, and wore vested in fee simple in the ln« n Dune(J'"', an<l * have an interest in such land as lessee under deed dated 7th October, 1878, in, firstlymin™ c? a,""-" ne al"! s, eams ot coal- aB wcU °>lonetl <» unopened, lying, and being within and under and which can, shall, or way be sought for, won, wrought, obtained or gotten within, forth, or out of (inter aha) the said land. Secondly-all that gravelbed and seams of gravel and sand, as well opened as unopened, lying and being upon indViider the said lands. Thirdly, such parts of the said lands thereinbefore described not exceeding in extent three acres, either in one or two lots adjacent to andconveniKnt for the working of the coal-mine Sf" ! aforesaid, A3 a site or sites for heaproom and building ground m connection with the colliery ana works, and the miners and persons employed S°fl « • S\ mf- Fifaily-Such portions of the said, lands thereinbefore described as might be required br the lessee for toe purpose of constructing suspension tramways, and conveying the coal and gravel from the coUiery sites as aforesaid to the delivery depot, together with the right from time to time during the term w J l (rrantf upo" a"!'P«t of the said lands to un£r , f t eertiun ««° to& of the seams of coal there--5™ A «mst™=t one or more air-shafts for the Sri e. nt.llat"»' of the said mines, together, also, with right of access, egress, and regress with or without horses and carriages, and all other rights, ease-foT-Ul'™ ap l)ul: te"ces t0 a»*e aforsaid premises for all purposes in connection with the said colliery and works contemplated by the said lease for the term IK7S y»Th1 *° ?? computed from the first day of June, Elvea™ « "Kh.t of renewal for the further term of saidi^ -T-^t^ the J c?™'ants and conditions in the eaid lease contained and implied. And whereas certain SecMn lt ° ' a"n S S° tftkon of the width o£ W ,^? t ? St °'» Cltuer side tliereof, in which I have an interest as such lessee as aforesaid will be in?l^ lSl}l aiffected b s'the said work by r^son that the I sol! and c" ? ql^ed the roPP««* of the adjacent I bewort-^U^ ?'" G-)SCams of Sl^! and sand can-1 works ™i th? i lnjUl:y ,t0 the saW water-race and k°, !l aml thSs oa1 ' gravel, and sand thereunder will «ndfa o°tl" le Wo,^™™*), and the coal, gravel, and S' n°J eJ Portions of the said colliery will be more costly and troublesome to work. This is to give I notice that I claim the sum of £50,000 as compensation thefiiriT^ da>? aSedoneto mo arising out of taking rLVo^aq^dSct the COnStrUctioa °f the said waters dfStowi 11^'at Duncdin' thu *waßth day

John Alves, Claimant. Mr Smith salted for an adjournment, «a the Corporation had not had suflijfcnt time to pre para a complete answer to the *ase. He read affidavit* which had been Bied, including one from Mr Thomas O.lo.utt, assessor, in which he stated that, acti n? for tht Corporation, he had visited the land in qnestioti, and after V^S I*"*1 *"* the Kr"und had offeied the claimant IAMO as a set«len3fnt of his claim; and another from Messrs D.L.Simpson aud Coyie, engineers, that they had not completed thor bonnge in order to enable them to ascertain the amouDt of coal there was in the mm« Mr Stout opposed a;len ß tb.<ned adj mrnment. me land in question was taken in 1878 by the Oorporatiorj, and they ought then to have made an mvogtigati.a as to the quality of the coal &0- T° P<-°*e that th« CO&1 was of good ?u^i y^, he mt(- nded to show that it was used by the Corporation officers. Mr Smith: Then yonr Honir admits that the merits of the case are before the Court f His Honor: Oh, dear no. Would you be prepared by ntxb Monday week ? Mr Smith: No, your Honor. I cannot undertake to prepare my c»Re by then. I may mention that my friend Mr Hajrgitt is with P*. aad owing to tha press of public business lfttejy he has not had time to prepare either His Honor: Mr Smith, the Court has decidfd to adsourn till Thuisday, the 24:h June at 11 o clock: that beins; about the earliest date at which we flhall be abla to me*t. First, there is the Bitting of the Conrt of Appeal, and tben the aEsjza Httmg at InvercargiU, and I have allowed sufficient time that the Bittinzs at InvercaTgill will probably take Tha Court also wish to state that when they give their award they will take into consideration the delay es against the Corporation, and will probably give inteiest for the period of delay so that there will be at ground for a complaint by the other sida (hat they have bien kept out of their money for that period. Mr Stout aß&ed for coals of the day. His Honor: I suppose the costa of the day will be part of the c-b^b of the cause. I will take a note that the question of costs of the day will be reserved until the h-aring.