COUNCIL NON-SUITEL

Sun (Auckland), Volume IV, Issue 1020, 10 July 1930, Page 13

COUNCIL NON-SUITEL

CLEANING OF WATERCOURSE From Our Own Correspondent PUKBKOHE, Wednesday. Stating that the evidence had to bo conclusive that the drain was blocked and had not been cleaned, and that such evidence had not been offered, Mr. F. H. Levien, S.M., non-suited the Franklin County Council today on a claim for £ 2 7s lOd made against R. G. Nelmes for clearing a drain. Evidence was given by the county engineer, J. F. McArthur, that he inspected the drain in May, 1927, and found it in a choked condition. The council ordered that it be cleaned and work was commenced by the council. There was no sign of the work having been undertaken by the defendant. The assistant county engineer, J. N. Anderson, said he found water of a depth of three feet when he inspected the drain. An employee was engaged for 25 h hours at Is 10£d an hour. Defendant claimed that- he and a neighbour cleaned the drain, which was one foot in width and one foot in depth, in April, 1927. It had also been cleaned in March, 1926. After the magistrate said he had not received conclusive evidence, Mr. M. R. Grierson, who appeared for the council, asked that judgment be held over until other witnesses were called, but the magistrate refused to accede to the request. “The council has slept on this: there is nothing short of it,’’ said Mr. Levien. Plaintiff was non-suited and defendant was allowed £1 9s 6d costs. Decision in connection with*the recent claim of the Franklin County Council against W. H. Andrews for cleaning .a . portion of the Springs .Creek., Mauku, was given. The magistrate gave judgment for tho plaintiff and intimated he would fix the amount the council should receive at a later date.