THE DRAINAGE DEADLOCK.

Thames Star, Volume xxx, Issue 8381, 26 June 1899, Page 4

THE DRAINAGE DEADLOCK.

In" view of the deadlock between! the Thames Drainage Board and the Thames Hauraki Co., it may prove of interest to our readers to learn the precise nature of the agreement drawn up by Mr Hesketh, solicitor, and one of the attorneys of the Thames - Hauraki Co., and submitted to the Board. . The company were quite willing to sign this agreement, which, after, the usual formal recital, says:—

1. The company shall eater into possession of the said property on the day of ,18 and as from that date and until 31st day of December, 1899, will at its own cost and expense work the Big Pump erected upon the said property and carry out the drainage operations which have hitherto been carried out by the Board within the said area.

2. The company will retain the services of and employ one Brokenshire at present in the employ of the Board as pitman in charge of the pumping operations in a like capacity, and the said Brokenshire though instructed by the company as to fulure operations and paid by the company shall nevertheless remain the servant of and in the employ of the Board.

3. The company shall bear the expense of and be liable for all usual and customary repairs of and to the said pump and machicery, but shall not be liable for any reparations or repairs in the event of the collapse or partial collapse of the said pump or the machinery connected therewith, nor for any consequences arising therefrom unless such collapse or partial collapse be caused by the wilful negligence or default of the company, and otherwise the company will keep and maintain the said pump and Tmachinery in the same condition of repair as at present, fair wear and tear and damage by fire, tempest, earthquake or unforeseen accident excepted. 4. If necessary for the purpose of preventing the rise of water above the 500 feet level in the Big Pump shaft the company will work the said pump continuously, but will not drive the pump at a higher pressure or rate of speed than 4£ strokes per minute un leas with the written consent of the Board. ■ ■ 5. The Board by its members, officers, or servants specially authorised in writing by the Board so to do, may at all reasonable times enter upon the said lands and premises for the purpose of inspecting the said pump and machinery and the working thereof by the company. 6. The Board will collect and get in all drainage rates payable to the Boarc} under the present assessment (less a rebate of 12£ per cent when allowed) and will pay over to the company all such rates less the actual cost of collection and the expenses of management of the Board, such deduction for cost and expenses, however, not to exceed the sum of £250 per annum. 7. The Board will preserve all licenses and titles under which the said lands, premises, and machinery are now held*and will not do or suffer to be done any act or thing whereby the Etame or their title thereto may be prejudicially affected or endangered.

8. The company as from the_said day of^ will take over and assume the liability under all existing con tracts made by the Board for the supply of coal,fuel,or oil in connection with tho Board's past pumping opera tions, and will take over and purchase from the Board all coal, fuel and oil then owned by the Board for the same ,purpos6S at the price paid therefor by the Board.

9. Every dispute or difference w'aich shall arise between the parties hereto as to the construction or application of these presents or as to anything con tamed herein or made, done, or omitted in respect thereof or otherwise in relation to the premises shall be referred to" two arbitrators or their umpire to be appointed in the usual way, and every such reference shall as to its mode and consequences conform in all respects to the provisions in that behalf contained in " The Arbitration Act 1890 " or any statutoiy modification thereof for the time being subsisting.

10. The terms (2) « the Trustees," (2) « the Board." aad (3) » the Company " used herein shall in all cases where not inconsistent with the context and subject matter hereof be deemed to mean, include, and bind (1) the Trustees and their successors and assigns, (2) the Board and its successors, and in case from any cause whatsoever the constitution of the Board be altered or the Board itself be abolished, shall include and bind its successors or other persons or body fulfilling or intended to fulfil and perform functions ' similar to or corresponding with those hitherto •performed by the Board, and {3) the Company and its assigns.* * ♦ *