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under his house.
2.
He alleged, and Colonel Stuart, then a Member of the Executive Council and Commanding Royal Engineer, agreed with him that this arose from the fact that a new drain had been made by the Survey Department which caused an accumulation of sand and ultimately excessive pressure from conveying a body of water larger than the old drain had been constructed to take.
3.
Price alleged. On the other hand, Mr. that Mr. Bouthrie's servants had been in the habit of removing large stones from the top of the old drain to throw down the night soil into it; and that this was the main cause of the accident.
4.
The application came before the 2nd of July, 1880, and was referred to the Attorney General and then to the Executive Council. Owing to some delays in the Survey Department in dealing with the papers, I was unable to bring the question to a final decision till this year.
5.
The Executive Council recommended that the question of fact in dispute between Mr. Price and Mr. Bouthrie should be referred to some independent person to take evidence and report upon. This was done.