SUPREME COURT.

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

SUPREME COURT.

SPECIAL CIVIL SITTING. TIMARU—MONDAY, June 3ed. Before His Honour Judge Denniston and a special jury, consisting of Messrs E. G. Stericker (foreman), E. Olissold, C. R. Shaw, R. Foster, S. Clissold, W. A. Rose, M. White, C. G. Vogeler, James Campbell, W. Ferrier, and W. J. Huggins, W. J. Silcock v. Geraldine County Council, claim £754 12s sd, balance due to plaintiff as contractor for the construction of the contraois Nos. 2 and 3 of the Orari-Sangitata water races. Mr Joynt, with him Mr Hay, for plaintiff; Mr George Harper, with him Mr White, for defendants. On resuming at 2 o’clock Mr Marchant’s cross-examination was continued : —The instructions with reference to the zig-zag applied to wherever the ground was rough. Measured No. 2 contract on the 7th, Bth, and 9th of June, and in most of the places Meason and witness were separate. At the zig-zag there was only a fall of li inches to the chain—an ample fall for all purposes. It would have been possible for him to contour and still get sufficient fall. The contract fall of li inches did not bind the engineers, only the contractor. The contours would not have lengthened the race materially—only about JO feet in a chain. Took measurements very often, never more than one chain apart. Measurements were worked out as they went along, on a table previously compiled, showing yards and decimals of yards, giving the cubic contents of excavations and embankments. Witness and Meason took 6 days to go over 40 miles of race. (Field books and ledger put in, showing results of the original and remeasureinents.) As to Fooks’ tables, witness was prepared to state positively that all the measurements were incorrectly worked ont. He had no business to deduct the bottom 9 inches of the race, but the top 9 inches. Witness was not prepared to go on Fooks senior’s figures, nor to say whether Fooks, junior, was qualified or not to make a survey for bis father to work out. In some places the race was too narrow, and the batter was wrong generally. The first 9 inches of the races were all right, but at the bot- ) tom, where the water flows, the batter was not in a ! l places correct. Where the race was 9 inches in depth the batter had to be 2 to 1, and where the races were 3 feet or so deep, the batter was ito 1. In the races that were of 18 inches in depth, no uniform depth was observed. No matter to what depth the contractor had to go, the top 9 inches was per'the contract. Nine-tenths of the whole were taken out by the steam plough. The three foot race was 18 inches too narrow at the top, but right at the bottom. It should have been 6 feet wide at the top, but in reality was only 4 feet 6 inches. Taking an instance from Fooks’ tables, witness found that he had deducted 3011 yards for the contract depth, it should have been 3233. He observed that Fooks had allowed 32.72 chains of embankment, but was not at present prepared to swear that Fooks was a foot out. In making his first measurement witness inadvertently omitted certain fords. On the main Mount Feel road there was a ditch 12 chains 20 links long and another 560 links long, which he told the contractor he could take advantage of. Silcock really did nothing at all to these ditches, but in measuring up for him Fooks had taken them in—so he interred from the total length given. Did not consider that what Silcoek claimed as “ extra” work was such. In his opinion the work could all have been done in the same time as was originally specified for the approximate quantities given in the specifications. The original contract price was £BOO, but was increased in the amended statement to £965. Witness would swear that this amount of work could be done in the same time as the contractor could earn £BOO. There were 62 fords. The embankments were to be made from side cuttings. They were not made in this way, and on getting to the zig-zag witness condemned the hit. They also found the same thing going on at Moody and Ziesler’s land. They afterwards relented, and as engineers were too soft-hearted. They had found the race good throughout on remeasuring 12 months afterwards. On the first measurement 772 yards were deducted from the embankments in contract No. 2, and 702 in No. 3. In the second measurement they had deducted more, but in reality were prepared to pay the contractor more than they had originally made up as due on the contracts.

Re-examined by Mr Harper : Was never informed that Fooka was about to measure the race. It was entirely an ex parte measurement on his part. It was done solely for Si'cock. The latter in making the embankments in the way in which he had, had given himself extra work, requiring extra labour and time.

Gilbert Laing-Moason, partner of last witness, said that he surveyed the race, marked it out where the ground was broken, and carefully graded it. Assisted Marchant to prepare the plans. It would be necessary to point out to the contractor how the races ran. Corroborated evidence as' to an interview at the Rangitata Hotel and on the race. Was in no hurry to" get back to town. Made an inspection of the race from time to time, and gave instructions in writing, both to Radford and Silcock, as to how the races should be carried out. Made an arrangement with Radford and Silcock to have the work mea-

sured up from time to time. Silcock agreed to it, but the measurement had not been done. After October, was up at the race again on the 28th November. The steam plough had then arrived, but previous to this should say that barely 10 miles of work had been done. Was there in December, and the work was not even then going on speedily. Was at the council meeting on March 14th, when Silcock had an interview with them. After this it was agreed that if the work was done in five weeks no penalty would be inflicted. Silcock said he would try and do this. After this, again visited the race. Was not present at the council meeting on May 9th. Assisted to measure up the race, and on his own individual work was occupied about 7 days. (Corroborated evidence given by Merchant on measurements and accounts.) In measuring witness took the total depth of cuttings, from that deducting the contract amount of the earthwork—the size of the race as per conditions. In computing the embankments, got at the figures by measuring the back from where the 1 stuff had been taken—from the side cuttings. Did not know that Fooks was about to measure the race. Witness had taken 6 days to do hia share of the measuring. All entries had been made in their field books, in which everything was carried out in results. These he believed to be correct. Silcock had ample time to complete his contract by November. Was not present at the meeting of the council on 15th June. Saw the ditches on Mount Peel road that were utilised. In the remeasurement stated everything that was fair. Believed his measurement to be quite correct.

Cross-examined by Mr Hay; The irregular ground pegged out ran into several miles, about 10* altogether. Badford went over all the ground with witness, and knew exactly where the race was to go. Witness left it to the contractor to take his instructions from Badford. The contractor did not follow the contour in all places, deviating as much, in one place, as two chains. When Silcock went out with witness, the former had plenty of pegs, but they discontinued pegging "because Silcock said that he was quite satisfied and could manage himself. He was eager to get back to Ashburton, and said so, whereas witness and partner were prepared to stay on the spot all night. On coming to the zigzag, Silcock complained of the nature of the ground, but said nothing about throwing up the contract, Silcock was busy on both contracts at one time. After the council meeting understood that Silcock agreed to accept the extension of time, and the proposal of the council. Witness then gave details of the measurements made, similar in effect to those enumerated by the previous witness. The expense of fords was not so great as mentioned by Shiers and Quigley. They must have referred to other than race fords. In the second measurement none of the embankments had been measured. This measurement was made after the lapse of a year. They had not " guessed ” the amount taken from the sidelings. Generally the races were the right width at the bottom, but were too narrow at the top. Had told , Silcock that he was not carrying out his contract properly. The 1 foot 9 inch races were on an average 6 inches too narrow all through. He never took top measurements except here and there. There was a difference in the accounts as first put in, and as now before the court. In the former there were shown 700 cubic yards of excavations and 150 cubic yards of embankments, against 3431 cubic yards of excavations and 1184 cubic yards of embankments, as shown in the amended account. It would certainly take more time to do the larger works than the smaller ones, but had he then this information before him he would not have given a longer time for carrying them out, than was stated in the specifications. Two digressions were made by Silcock, one near Best’s and the other on the big terrace ; in the latter case he “ dived ” right down the terrace instead of following the curve along. By this increases were made to excavations. The enlarging of the 3 feet race to 4 feet would entail extra labour. Where extra work was necessitated, extra time would be taken up. Gave instructions to carry the water down the ditch at Mount Peel road ; and gave pencil sketches of it. The surface of the country between the finger post and Reid’s was fairly smooth.

Re-examined by Mr Harper: After the March meeting of the counail nothing was said by witness to Silcock about the extension being given for wet weather. At this stage, 5.10 p.m., the court adjourned till 10.30 this morning,