SUPREME COURT.

South Canterbury Times, Issue 5024, 4 June 1889, Page 3

SUPREME COURT.

THIS DAY. Silcock v. Gesaldine County Council. His Honor took his scat at 10 30. a.m. On resuming this morning Mr Harper called, James Radford, dork of works, who stated that at the commencement of the job, Silcock had six men with him, horses, plough, and scoops. Witness was always on the works, between 1,2 and 3 contracts. For the first three months Silcock’s. contracts progressed very slowly. Silcock was only occasionally at the works. Up to the middle of November about 10 miles of race were done. Had instructions given him by the engineers. In November the steam plough arrived, and up to December 7 miles of race were done by it. The works wero carried on very slowly, in witness’ opinion, till May. Had a rod and other appliances given him, to measure up with Silcock, but never dids o.—Silccck never made it convenient to him to do so. Knew the race perfectly ; all broken ground was marked out and levelled for him. Bilcook did not stick to the lines; instead of following round U 49 Biddings he

cut from . point to point. This was very noticeable at the zig zag. Ext ra work was entailed by this. Told tho contractor ho was doing wrong. Was present at the_ first measuring up. but took no active part in it. Knew the lines of races as laid down on the plans, and Silcock had never complained to witness of not knowing them. As marked out there was no difficulty,in witness’s opinion, in following the lines. Was with Meaeon when he surveyed the whole of the line of race. Cross-examined by Mr Joynt: Silcock at the start did complain at the work not being laid off properly—he appeared dissatisfied. There were 78 miles of races. All difficult places were marked out, in one day, on No. 2 contract. Afterwards the levels on rough places on No. 3 contract were laid off. Ihe levels were supplied to witness and lie gave them to Silcock. (Document put in). The lines were laid off properly wherever tho ■ ground was at all difficult—in about a dozenplaces. The other parts of tho races were shown by roads and cross sections. Witness marked the lino of the races generally, but not in every place. In many places tho lino was not laid off. as Silcock said ho did not want it. At various times Silcock asked to be given the lines and points he had to'mako for. As a rule the races were laid off along roads or fences. It was not a fact that Silcock had to wait for witness at various limes. Flagged off the lino to oblige Silcock. Witness was not satisfied wilh the work, and continually complained, in a civil way. After he had done a good few miles Silcock said that he expected to get £2OO for extras, or there would bo a law suit over it. Would swear that it was before the 27th April,lßß3. There was a great deal more excavation than witness expected —more than was stated in the schedule. Silcock cut through hummocks and went down gullies, instead of skirting hollows, and thereby gave himself more work. He had, however, shortened tho race very much. In the places where tho fall was Ji to the chain it was quite ample ; there would not lo danger of silling. Had instructions to measure up while the work was in progress —when half the contract No. 2 was completed. Silcock could not go as he had no one to leave in charge, nor could he spare two men to assist witness. Did not propose to measure up in May or June. Mcasou proposed that two men should assist. Witness and Silcock could have done it themselves, if Silcock had been as nimble as witness. Had no experience in watcr-raco measurement, but was used to measuring up railway earthworks. Vtheo out with Meaeon and Marchant met them at different points and saw them measuring. This was done where necessary with rod and tape. Never saw Mea on or Marchant “ taking the distance by stepping ” If the line had been pegged throughout Bilcock’s men could not have got on quicker. Was at tho remeasuring up during last month. The measuring rods wore used very frequently, sometimes at points a chain apart, sometimes two chains. On Ist December about 7 miles of race were cut by the steam plough this was the day the alteration in depth of race was suggested. The steam plough finished work iu January was not sure ; it might be the middle of December. Made no mistake in the division of race at Badham’s ; had flagged it where it had to go from Uadham’s road to Perry’s section. Bilcock had made the mistake there; not witness.

William Balfour, chairman of the Geraldine County Council, was then called, and said he was present at the meeting of the Council on March 14lh. The Council decided to give Silcoek an extension of 6 weeks at the end of the contract lime, but that he be charged £3 10s per week, the wages of the clerk of works, for the balance of the excess time. Nothing was said about an extension for wet weather, The water at that time was greatly required. Had instructed the engineers lately to make a remeasuroment. Cro-s-examined by Mr Joynt : The interview was about penalties, and the contract generally. Cross-examined by Mr Harper : the council had the question of an extension of time before them in January, but when the extension was g’ven, it was not altogether on account of wet weather.

This was the evidence for the defence.

Mr Joynt then asked permission to recall Silcock to give evidence on two points (I) about the race running in the ditch at Mount Peel road, and (2) about the mistake made in the line of race, mentioned for the first time by Radford. His Honour would only allow re-examina-tion on the first point. Plaintiff, recalled, said that by instructions he had cut the race in the ditch mentioned, right along. Mr Harper said now they had only oath against oath, and wished to recall Radford. This was not done and counsel then addressed the court. The remainder of the report is held over.