RESIDENT MAGISTRATE'S COURT

Mount Ida Chronicle, Volume VI, Issue 330, 2 July 1875, Page 2

RESIDENT MAGISTRATE'S COURT

' ' ... —--■-/r MX7JF 'a', ■ ' ,; June 25. , „, v (Before H. Wi BobinsonVEsq'., B"J[!)~ ";_ L. W. Bus<ft,v\'William "Letterick. —Claim, £2'l9s. 6d... -«[udgmgat fpiv £ V 17s. 6d., .and cost's', TOV." " ','/ Botting v. Xait. —In. thiscase, a portion, of the property seizedAinSe'r'warrarii o r distress' had been claimed by John Creigh" ton —namely, thejgoklra a'tail lacelowned by him.' An- interpleader summons had been-granted upon application-of 7 the bailiff, which was now "John Creighton gave evidence to the effect that the tail race in which the gold was-seized, as aho the' gblcl.therein, was his property: Certificate .of Lregiatraiion- of' taiLrace'produced. He farther, deposed'that, although he had given permission to defendant, Taif, to use a portion of the tail face in question, and to .claim -the .therein, ithe portion in which the gold was seized was. specially exempted >from such permission,,' affd was his property, ,'lji" the defence it'jvas argued,£y_ JNlr.'Rpwlatt that the agreement alleged by Creighton to be in existence between himself -was a" mere cloak to save the"defendant's (Tait) property frorn'being sold in satisfaction of. .the warrant," and that'no miner would have been to entertain any sudV'aprangemerii/as- that' Worn' to by Creighton,' a* the part *-bf,tKe' tail' race inrwhich"Xdefehdant was allowed r to tbo,£hort.tojenable,him : totake, his gold*-v .Mrrtßowlatt pressed thej Md-* gistrate-'to-view the*ground, "which -was* near at hand, iri ; order that hemightjorm. 1 an opinion as to ,the c probability* of Ihere being any rgreemeiit of the nature. stated Iby Creighton* upon t oath.'; The'- Magistrate said that the present? was not a'Waf-' I den's Court case, and that it was not cus- • , tomai'y in as the piesent fur the ' 1 Magistrate to view the ground , nor, in-' dued, could he see any good which- could 1 result were he to do so. The' utmost*he 1 could do would be to form s an opinion of

his own upon sight, whie nothing as against Creighton, which remained butted Judgment for plain in eflfret that Creighton's c sustained. Possession of gold was ordered to be giver June 30. j (P efore L - "W". Busclr, E Police v. J. Cockcroft.^ Fined 10s., oJ Jorjtjieight hours' iraprisoi "filfalabor.