AKAROA RESIDENT MAGISTRATE'S COURT.

Akaroa Mail and Banks Peninsula Advertiser, Volume VI, Issue 601, 18 April 1882, Page 2

AKAROA RESIDENT MAGISTRATE'S COURT.

Friday, April 14. Before W. B. Tosswill and T. Adams, Esqs., J.P's.

DRUNK AND DISORDERLY,

Richard David Freeman was charged with the above offence, and fined ss, or in default 24 houre imprisonment.

CIVIL CASES.

Alfred Hawthorn v. Francois Lelievre. Mr Henning for defendant. This was a claim for £3 15s, balance due for logging up 7 acres bush. Plaintiff said, that defendant refused to pay because he said his (plaintiff's) fire had done great barm, and also that he had not fulfilled his contract in the propsr time. Defendant's sons had turned him off before he could finish the work.

By Mr Henning—l have not finished my contract. I have done it all but about a day's work. I should have finished it, but Mr Lelievre's sons ordered me off. Should have finished on the 15th March, time agreed on, but was turned off on 14th. Was not in Akaroa when the fire complained of took place, and never heard of it tM three days after. Had pigned no agreement as to when I would finish. Believe the agreement produced is one I refused to sign.

James Bray, sworn, said: He was plaintiff's mate, and they were ordered off the place when they were finishing the work. Augnste Lelievre said they would not pay for the logging till witness and his mate had paid for the damage done by fire. The work could be finished in one day. It could have been done by 4 p.m. on the 15th.

Defendant said the agreement with the plaintiff was that he should fail and log up the bush for 30s per acre by the Ist March. Plaintiff refused to sign the first agreement, wanting the time extended to 15th March. Hawthorne, however, though it was presented to him, refused to sign it. The work had not been well done, and it would take 4or 5 days to finish it. He would have had to sow another two bags of seed if he had let Hawthorne finish the work, as the young grass was up about an inch. He had seen Hawthorne after he had felled the bush, and arranged with him to let him know when he fired the bush, so that he could send up two men to preserve the fences.

By Piaintiff~On the day you were paid for the falling of th« bush, I showed you the agreement and j'ou refused to sign. Jules Lelievre, sjivorn said ; That he had ordered plaintiff eff the ground, and had asked him to sign the agreement, which he refused. The grass was so far advanced at the time plain jii ft was ordered off, that it would have been ruined.

Bray, recalled, swore positively, that hey returned tp finish the job on March

13, and could have finished it by 4 p.m. on March 15.

The Bench said they must give judgment for amount claimed, as even supposing the agreement was signed, the men should not have been turned off till after the 15th.

The Court then rose,