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His calculations of the delivery power of the "smaller" drain trace out the area of that drainage available for the passage of water. Mr. Coughtrie is prepared to prove that when the drain was opened it was found to be, to a great extent, choked with sand. He is also prepared to prove that this sand must have been brought into the Belmont drain through and by the larger drain which the Surveyor General's Department led into it, the proof being that the old Belmont drains take off the surface waters of the terraces and slopes of the houses above, and that the incipient drains in question take the water from the roads and the hillside above. The Belmont drain, therefore, having been choked with sand, could not deliver anything like the amount of water stated by the Surveyor General, and hence the inferences which he leaves to be drawn from his facts and figures are incorrect.

(3)

But even the case set up by the Surveyor General's Department, if it were not challenged, is insufficient to account for what occurred. He alleged tampering with the Belmont drains, at a point in it higher up than where the accident took place, as the cause of the flooding of the garden.

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