SUPREME COURT.

South Canterbury Times, Issue 5023, 3 June 1889, Page 3

SUPREME COURT.

THIS DAY. Silcock v. Geraldine County Council. His Worship took his seat at 10.30 a.m. On opening, Mr Joynt put in a letter, written by Mr Silcjck to the engineers, in April, concerning No 3 Contract and the width of the race at Badhara’s. Mr Harper then called the first witness for the defence

F. W. Merchant, who with Mr Meason, was engineer to the Geraldine County Council. Recollected calling for tenders for races and Mr Silcock tendering. Saw Silcock at his office previous to the tender being sent in, and explained to him all the details of races ; read through the whole of the specifications and explained the plans ; and wrote out for Silcock’s guidance a schedule of the quantities. Silcock informed witness that he had not been over the ground and desired to be given a description of it, and witness gave him a description. Silcock made up his tender, sent it to the council, and it was accepted. Previous to the tender being accepted Mr Meason made a survey, witness assisting for a day or two. Knew the ground himself, but had not been all over it. Generally wi'ness attended to the office work and correspondence, and Mr Meason to the field work. The contract for the race had nothing to do with the headworks, which were in course of construction when lenders were called for the races. Water was turned in immediately after the races were completed. After his tender was accepted Silcock came to witness’s office, and asked if the plans and specifications were ready. They were not, and ho left. Saw him again, but the contract was not signed ; it was ready for him to sign. Went vi ith Meason to Rangitata, taking the plans, and met Silcock. Silcock informed them that ho had constructed part of the Ashburton races. Some discussion followed about pegging out the races and Silcock said that Mr Baxter, engineer for Ashburton, had merely showed him the ground and left him to work out details. Witness and Meason then adjusted the size of the races, in Silcock’s presence, as the sizes had not been adjusted on the plans. They marked on the plans the size of each section of tho race The tments were marked on the contractor’s plan. In regard to the 850 chains of 3ft races, witness and Meason adjusted it, making 44 chains of 4ft., 396 of 3ft.. and the balance, marked on tho plan originally as Ift. 3in. was made Ift. Din. Nothing was then said of the Ift races, they were adjusted afterwards. On tho following day they all went on to the groudd for tho purpose of pegging it out. They went to where the 4ft race was to be, and there showed Silcock the level pegs that had been driven in. Here tho regular sectional levels bad been' taken, the whole of (he race having been “flagged.’’ Described the race and put in other pegs; marked out crossings on roads; showed the lines right on until they came to the 3ft race. At this point Mr Meason pointed to a hollow, and a fence, and indicated the course of the race. Bode along the roads and, as the race crossed them they indicated Jto Mr Silcock where it ran. This went on until they came to the main Peel Forest road, when they walked across the ground, until they came to where the race had to be zig zagged. They fixed up the ground, and told Silcock ho had better go through and have all details explained. This was done, and pegs were put in on Mr Meason’s survev, tho depth of cut being marked on the pegs. Followed the ground, which was very uneven, by the survey pegs, and gave the contractor particular instructions as to the cuttings. 'Jibe race.had to bo taken down a zigzag terrace : it was not to be taken straight; it was to be contoured according to the survey. This piece of work was taken as a specimen of the way the work was to follow tho hollows and circle round the spurs. Silcock told them that he knew exactly how to do it; that he had had largo experience in such work. They completed the beginning of this section, arid after finishing, Silcock expressed himself as being very much disappointed with the character of the ground. After this they went along other parts of the race, till getting to the riverbed, when Silcock said ho understood exactly, and they need not peg any more. They then parted. Witness and Mr Meason went out that day prepared to go on with the pegging and were not anxious, as Silcock said in his evidence, to get back to town. Was not on the race when Silcock actually commenced his contract. A progress payment was made to him in 1 October of £l3O. Eadford was in charge of the works, and reported to witness from time to time. Tho letter of 10th November 1887 was written from " information received.” Witness went up in December. Previous to this had a letter dated November 17th, from Silcock, asking "to bo allowed to alter the Ift 3in races to Ift Din. (Letter put in ) Did not know whether Silcock had any Ift Sin scoops. When witness went out in December the steam plough was at work, and also four or five men. Had a conversation with Silcock about tho depth of the races, finding fault with tho way they were being ploughed out. Was up again on 9th and 10th January; saw Radford, who-had reported but without referring to reports could not say if witness had complained. Reported, (o the council on January llth, recommending un extension of lime for G weeks, but that as the water was much needed for stock a penalty bo inflicted for further excess of lime. Silcock did not ask for an extension of time previous to this. On Feb. 20th went up to the works again for the purpose of general inspection. After this wrote a loiter (24th February) complaining of the bad work in several sections of the race. Was at the council meeting when Silcock was present, but did not remember whether he was present when the council decided to charge Silcock the wages of the clerk of works. Was again at tho race on 19lh and 20th April, but did not remember seeing Silcock. The contract wes not then completed. Remembered being present at the council meeting on 9ih May and seeing Silcock after the meeting, when he refused to give a guarantee not to take legal proceedinge if the council compromised the matter of penalties. Went up to measure No, 3 contract on 29th May, Meason and Eadford being there also. They agreed upon a common system and measured one part together, and then separated, Radford driving the horse and trap to various points. Stopped on tho ground at various places, each having a measuring rod. After separating Meason measured up tho earth-, works, etc., on one part and witness on the ether. On No. 3 contract they were engaged three days each, and on to 2 Mr Meason was engaged four clays, and witness three days. There was very little discrepancy in the length of tho races as measured by witness and his partner, and ns measured by Mr Fooks ; only 11 chains. In getting at the extra depth in the excavations they had deducted the cubic contents of the normal race from the gross measurement. As to tho embankments witness produced a sketch of them and explained that there was I no necessity for many of tho Silcock had made. He had erred in th-k" Ae did not contour round as instructed but had gone in a straight course ; he had put in the earth from the side cuttings. Witness could have condemned the “whole of tho embankments, but after deducting the material used contrary to instructions, allowed him the contract pic.\ Witness had studied Mr Fooks’ tables, and agreed that their system of computation was tho correct one, but they had not followed it throughout. ( Witness then proceeded to show this, but as it was likely to take up much time His Honour suggested that witness should work it out at lunch time.) Mr Fooks had taken tho depth of tho race as 9 inches and on that had based his computations. Ho was wrong in this; ho ought to have measured the whole of tho gross area, aud from it deducted the normal size of tho race. Witness contended that Mr Fooks had deducted the wrong piece from the race, and that this was not fair or in accordance with the terms of contract. Witness had also measured the gauges, weirs, etc., and found that certain fords were omitted. The court then adjourned fjr lunch.