CIVIL CASE.

Akaroa Mail and Banks Peninsula Advertiser, Volume 2, Issue 109, 3 August 1877, Page 2

CIVIL CASE.

■BULMMIivV. LEVALLIANT. This was a claim for £G Gs, for medical attendance. ••' . ■ Mr. Nalder appeared for the plaintiff. The defendant pleaded not indebted. Dr. Buhner deposed that he received instructions; and was engaged to attend Mrs Levalliant in her confinement. \ By Mr. Nalder: Had made an entry of the engagement at the time Mrs. Levalliant had instructed him. She had called at h\s house, had had a consultation, and received advice. He had made one visit to her house about a Week before her confinement, when she told him she would send and let him know when he was wanted. After her confinement she sent the letter produced. By Mr. Nalder: It is .the custom for medical men to hold themselves in, readiness to attend' at any .moment,. ..as, if not reatiy : when: WSnteoV and another, medical man was called in, they could be made to pay the balance of fee charged. . By defendant : Mr. Johnston, her father, sent for me to Robinson's Bay ; .he told me I was likely to be wanted. By Mr. Nalder: Six guineas was the price agreed upon. Defendant deposed that bis wife had been sick for about two months. She went for advice to Dr. Buhner, and had paid him for both visit and medicine. His wife had told him all that took , place; he was not there himself. By the Bench; That is not my wife's handwriting, it is some of her relations,. Mrs Levalliant deposed : I did not go to Dr. Buhner's house ; will swear this. Mr. Naldor wished the witness to be cautioned, as there was false 7 swearing somewhere or other. Mrs. Levalliant continued : Was quite sure she did not go to Dr. Buhner's house. By the Bench: I did not write, that letter. My mother wrote it. It was written to stop. Dr. Bulmer bothering my father about me. Dr. Bulmer did not enter our house. I was confined, but not when the doctor came. Will swear I never sent for him. Did not intend having a doctor unless absolutely necessary. Have had eight childrenand never had a doctor. I did not go to Dr. Buhner's house at all. I went ih November last, but that was not the case under discussion. I saw Dr. Buluier opposite Mr. Black's shop. He asked me how I was. He spoke first to me. I made ho engagement, merely asked Ida charges in case his services should be required. The letter to Dr. Bulmer was not written at our house. I knew nothing about it till after it was sent. . By the Bench: Am positive I never made any engagement. I merely asked bis terms, if required. He never came into our house. -He called once about a dog.. He came to the house one day to see Mrs. Malmanche about some money. Tlie'second time he called was after my confinement. I was up and about then.Mr. Nalder" here applied for an adjournment, to allow Mrs. Johnston's evidence to 'be,obtained' with regard to the. writing of the letter. The Beiieh said the letter began with a .forgery. \ ;. The witness said Mrs. Johnston was no scholar—it was probablo she .vould not - know; what she was writing. The Bend) decided to retain the letter, and adjourned the case until 7th August, to allow of Mrs. Johnston's appearing. F. PAVI'IT v. J. E. THACKER. This was a claim for £40 7s. £1,7 17s, with costs, £1 5s having been paid into Court, the case was proceeded with to recover the balance. Mr. Nalder appeared for the plaintiff. Francis Pavitt deposed : 1 met Mr. Farr in Christchurch, sometime in March, I believe. He asked me to write to Thacker, stating what 1-would survey a block of 20 acres for, at Okain's Bay. I knew it would take me five day's to do. It was only for 20 acres of land. I wrote to Thacker, and told him I.would survey tho block for fifteen guineas. This was in March last. 1 received no reply. Saw nothing of Mr. Thacker,:until I- met him . on board the steamer, in Pigeon Bay, at the end of June. -He then asked me if I would come and "lay out a township for him at Okain's Bay •in".£tb acre sections. Nothing was mentioned about terms or charges. I went to ■ Okain's and surveyed the township into • 102 sections. It took.me about a month. This included one week surveying, making the plans, travelling, and waiting in Akaroa for Mr. Thacker to send a horse , for me, as he. had promised. He did not do so, so I hired a horse and went over to Okainsona Saturday, commencing work on the Monday. I. understood I was to lay out a township. Did not know -it referred to the former matter. I charged 7s 6d for surveying each-section, aud two guineas for extra plan. - . Mr. Nalder here handed in a scale of charges of the Canterbury Society of Architects, but the Bench objected to them as being Architects and Building Surveyor's charges, not Land Surveyor's. Mri Pavitt continued : I made the plan, brought it down to Mr. Thacker, .and gave it to him: Ho refused to pay me, and hence the present action. ' By defendant: You apologised to me on the steamer, for not answering my letter. Do not remember what you said—something about having been away. You did not say I could now proceed .with the work. I remember your telling me the proper, plan was. at Matsdn's. Yon told me about the township. There was nothing said about- cbarges, and I made no arrangement. I was a month over the Work. .1 went from Akaroa on a Saturday. By the Bench : I can fix the date. I was ready to go over on Wednesday* 20th June ; waited here till the Saturday, then went over to Okain's, and found-defendant was away. I commenced the work on the Monday, and- finished on Saturday. Left on Saturday or Sunday for Christchurch to make plan, then returned to. alter pegs to their proper places. When I catne : down the secondtime I brought my bill. It was necessary for-me- to alter the pegK I would not have certified to the plan if I

had not altered the pegs myself. Will ' J swear I put in 3xl battens for pegs. Did * not come down- to. see the letter, but did see it. That is my handwriting. 1 By Mr. Nalder : I do not charge byUhe day-.. .':''■""' * ' \By the Bench : My first offer was nude in March.last. - • By the defendant: Three guineas a-day is the usual price for surveying a block. I do not charge by time. My charge is 7s 6d per section, and three guineas per day. I considered itwould take me five days. Mr. Fenton gave evidence as an expert, that the sum charged was not excessive. *•/ ;— He considered it a fair price. It depended to a great extent on circumstances. If the ground to be surveyed was covered with scrub, lawyers, &c, it would alter the case. By the defendant: If the data were given, calculations, bearings, &c, it would ...•• take 2 to 2| days to survey external boundaries of a'square block. In cutting it up into sections all the bearings of the street lines had to be taken, and every peg chained. Mr. Thacker deposed : I was in Christchurch some time ago. Had occasion to see Mr. Farr-on_hi__ine.S9. I told_Jlim,o£ my idea 'oTe'ittti'ng up aTTtock oflihd iiito a township. He said if I wanted it properly done, I had better go to Mr. Pavitt. ■_•.,*" then asked Mr. Farr to get Pavitt to write to me, stating what he would do it for.. The, letter handed in is Pavitt's reply. I was in Christchurch hist week, and asked * Mr. Farr what directions he had given Mr. Pavitt. He said he did not remember, • thought it was something about cutting up a2O acre block into sections. On the 15th June, I was leaving Christchurch when I met Mr. Pavitt. : I apologised for not answering his letter, and said I was satisfied with his terms. I told him to come over - when he pleased. He said, I will go over now. I told him I had a conveyance that would answer tho purpose of the plan. We arrange*! that I was to send a horse for him to Akaroa on the following Wednesday. Bad weather prevented my doing so. I then went to Christchurch in my vessel, and next saw Mr. Pavitt on the Sunday afternoon. He commenced work on the Monday afternoon, and finished the work on the following Friday. When he was leaving he asked me what he should do with the plan. I told him to leave it at Matson's, and also to make liie out a tracing, and send it through the post. In about a week Pavitt returned, delivered the plan and tracing, (plan produced.) After dinner he gave me his bill. I said there was some mistake about it, and referred to his letter, in which the price agreed upon, - was 15 guineas. As he hesitated about the agreement I showed him the letter. He said that it only referred to a block of land. I offered him that money, with 2 guineas extra, for the tracing, which he declined to take, and endeavoured to make me understand that his letter referred to a block of land. His letter states he would do my work for 15 guineas. ... By Mr. Nalder : I was satisfied with the ' work when done. I did not want him to survey the hlock, as the Government had done that already. T wanted him to cut it up into a township. I Was always under the impression that 15 guineas was the arrangement. Mr. Nalder said the letter handed in had nothing to do with laying out a. piece of land in .actions.

Mr. Fenton. recalled, said he hitd seen the tracing, not the plan. He considered that it would take six or seven days to lay off that ground into 102 sections, fix pegs, &v-. The whole work, that is the field*, work and making calculations, plan, and tracing, would take a fortnight. Three guineas a-day was the usual charge for any small job. Any larger work might be, by arrangement. . i. The Bench, reserved judgment until Friday next.

Wkdnesday, August I. (Before Justin Aylmer, Esq., 8.M.) LAKCKNY FROM THE PKKsON. James Alexander was charged with an offence of this nature. The prosecutor, Thomas Farrelly, gave evidence to the ell Vet that he had been in the prisoner's company on Tuesday last, at Rodrigue's Hotel. He shouted for prisoner and paid for his dinner. ■ In the afternoon, he and the prisoner sat oyer the fire—and he (Farrelly) went to sleep. On awaking, be found that the prisoner had left the room, and that he had been robbed. By Sergeant Ramsay ; He was. tipsy when he went to sleep. The prisoner had no money. A. Rodrigues gave evidence that the men had been sitting, in the front room of his hotel. They had had some beer, which. Farrelly had paid for at dinner time* Farrelly had three one pound notes! They both had dinner, the prisoner saying tluuV Farrelly would pay. He changed a oneV pound note for Farrelly, giving him nine shillings in change. He left them in : the front room, refused to give them more liquor, and went out. When he returned, about four o'clock, Farrelly Was still asleep, but woke up soon afterwards, and asked for a glass of beer. On his putting his hand into his pocket to pay for it he pulled out a. note, and seemed perplexed, then said be had been robbed of a note.

R. Bailey, Wackerles Hotel, W. Adams, Criterion Hotel, and J. Brooks, gave evidence that prisoner had been to their houses, and had expressed himself as having no money.

Farelly, re-called, said he drew £4 15s at the Bank, on Tuesday morning. Had spent a few shillings in the town. Could not account for all the notes. Ramembered giving one note to Rodrigues,: either at dinner or in the eveuing. Had not been playing curds with the prisoner.

A Rodrigues, re-called, said he had only changed one note for Farrelly before he said that he had been robbed^ ; **

The prisoner said the money found on him beionged to him.. Had been saving it up to pay his way to Wellington. Swore he was never a minute alone with the prosecutor. The money was sewn up in his trousers pocket/ Called God to witness that he was innocent?, and asserted himself as of unblemished character.

The police referred to Gazette, shewing previous convictions against the prisoner, one for larceny from the person, and others for drunkeneps. , ,

The Bench considered the robbery was not proved, but that if the prisoner had begri going about begging drink and meal-* 1 with money sewn up in his pocket he was nothing better thaw a vagrant; and as such, sentenced him-to Que month's imprisonment, with hard labour. The monejfr found on him, to be returned.