WAIOTAHI HIGHWAY DISTRICT BOARD.

Thames Guardian and Mining Record, Volume I, Issue 182, 9 May 1872, Page 3

WAIOTAHI HIGHWAY DISTRICT BOARD.

A meeting of the Waiotahi District Board was held yesterday afternoon at Mr Simpson’s office. Present—Mr Dairo in the chair, and Messrs Anthony, Dowden, Gudgeon, Dean (Secretary), Simpson [Engineer). The minutes of the previous meeting were read and confirmed. encroachment by the CALEDONIaN g.m.c. The Chairman reported that lie laid intended to see Mr Tyler relative to an encroachment by the above company on Pollen street, and of their covering the creek within their own ground. The Secretary said lie had been with Mr Tyler to ' .sit tiie ground, and read the following memorandum : “ Chained the with of the road in Pollen street with Mr Simpson, and found that the fence of the Caledonian Battery was on the road about 5 ft., and the stone wall being erected by them considerably more. Mr Severn, the manager of the battery, told me he intended to have an iron grating at that part where the creek enters the company’s ground (where, at the present ’moment, there are two swing doors) to prevent mullock entering the company’s ground.” The following letter from Mr Tyler was read : “ Grahamstown, May 7, 1872. “ Sir, —Having seen the works that have been and are being performed by the Caledonian Company, 1 beg to inform you that 1 cannot pretend to give any opinion as to whether those works are or will he an obstruction to the Waiotahi Creek. An engineer, I apprehend, is a more fitting person to give an opinion upon such matters. With respect to matters more immediately within my province, 1 will offer a few observations which may be of some use to the Board in discussing the subject referred to by you this morning. I take it that the Waiotahi Creek is a watei-coursc within the boundaries of the goldfield. By Regulation 32 of the Goldfields Rules and Regulations now in force, ‘ No person shall deposit any earth, &c., in the bed of any watercourse, so as to obstruct the How of tho water therein.’ Any person infringing this Regulation is liable to a penalty not exceeding £lO for a first offence, and £2O for a second or subsequent offence. It is the duty of the Mining Inspector to see that the provisions of the Regulations are complied with and carried out ; so that if the Caledonian Company is depositing anj- substance in the creek so as to obstruct the flow of the water therein, I feel assured, if tiie matter were brought within the cognisance of the Mining Inspector, he would at once take action in the most effectual way. The Warden’s Court, I think, has power to grant an injunction to restrain future obstructions of a like character. If the Caledonian Company are wilfully destroying or damaging- the water-course, they are liable to a penalty not exceeding £2O. (See the Auckland Municipal Police Act, 1860, sec. 12). The creek being part of the road, if the company place or leave, without tho permission of the local authority, any earth, &e\, in the creek, so as to obstruct the same, they would lie liable to a penalty not exceeding £lO. (See Auckland Municipal Police Act, sec. 5, clause 2.) Should any person sustain any damage through any obstruction (in the creek) made by the company, the company in my opinion would he liable for such damage—such obstruction being an unlawful act. But the imposition of fines would probably not he a sufficiently satisfactory remedy so far as the Board is concerned.. It seems to me, therefore, that the best course to pursue in the event of the company persistently obstructing tlie flow of water in the creek, would he to communicate with tiie Mining Inspector upon the subject, and insist upon proceedings being taken as above-mentioned, and at the same time applying for an injunction against future obstructions. Should the part of the creek passing through the laud of tho Caledonian Company choke up, I would refer the Board to secs. 3,4,

86, of the “Weeds anti Wntei courses Act, 1866,” which by the “ Highways Act, 1871,” sec. 25, the Board can enforce. I may also inform the Board that if by the action of the company it is found that it is necessary to make or maintain a watercourse through the land of the company, the Board has power to do so (see sec. 25). I should think the company would prefer listening to any suggestion made, by the Board whereby the llow of the water in the creek during lloods might be secured, and the interests of the public protected, than to coining into collision with the Board and thereby possibly having to submit to such drains and watercourses being taken through their lands as the Board might think fit.—Faithfully yours, E. K. Tiler. The members of the Board,accompanied by the Engiueer and Secretary, visited the site in question, and on resuming the Secretary was instructed to give notice to the Caledonian G.MjCo. that they have encroached on Polien-street, under the control of the Board, and to request the removal of such encroachment ; and also that the covering they have put over the Waiotahi Creek, within the battery ground, will have a tendency to get choked and to cause an overflow to Hood the creek. That the two swing doors now standing must be removed, and no obstacle be placed in the creek to prevent the free course of the water or debris brought down by the fresh. Further, that the Board will hold the company responsible for all damage arising from their altering the creek. CORRESPONDENCE, &C. The Secretary informed the Board that the Provincial Accountant staled that, he had seen in on ■ of the local papers that he had been blamed for not answering a

lester sent on the 19!h April, which had been answered on the 30lh. Such letter, Mr Lusk said, had not been received until the 4th May, having been detained for insufficient postage by the Auckland postmaster for 14 days. The Secretary brought this forward with a view of showing that no blame was attached to Mr Lusk. If any one was to blame it was himself ; but he had been to the Postmaster here, soon after the letter was sent, and asked if the letter had been detained, and was told it had not; and therefore he supposed it was all right. In reference to Mr Mulligan’s letter, received last week, relative to the state of the road opposite his hotel in Pollen-street, the Engineer reported that it would cost £l2 or £ls to get the water off the street. He would recommend that nothing he done until the street be formed and metalled. ALBERT AND POLLEN-STREETS. It was resolved that Albert and Pollenstreets be repaired from the Karaka Creek to the Wharf, and the hole at the corner of Camphell-street filled in. The Secretary was directed to call for tenders for cartage of metal and boulders. The Engineer was instructed to employ labour for carting and spreading. ALBERT-STREET. A letter was read from Mr E. Binney, requesting permission to place gravel on Albert-street, so as to form a crossing, which was granted. BELLA-STREET. The Engineer and Secretary were instructed to inspect Bella-slreet, to see what was wanted towards improving it, and if any more money in the way of subscriptions could ho obtained from the residents in the locality. STREET CROSSINGS. Mr Simpson was instructed to ascertain what crossings of dressed stone would cost. FINANCE. Several accounts were laid before the Board, amounting to £244, and were ordered to be paid. The Chairman suggested that steps should be taken to take up the bill for £2OO now lying at the bank, which was agreed to. FIRE RATE BUSINESS. Accounts amounting to £62 under this head were ordered to be paid.