RESIDENT MAGISTRATES' COURT, WESTPORT.

Westport Times, Volume II, Issue 202, 24 March 1868, Page 2

RESIDENT MAGISTRATES' COURT, WESTPORT.

Monday, March 23. Before J. Giles, Esq., M.D., E.M. DRUNKENNESS. Mary Smith, charged with this offence, having been in the lock-up since Saturday, wasjlischarged with a caution. INTERPLEADER' Some time ago Messrs King and Cowley obtained judgment against Christian Eolfe, a packer, and the pailiff, in execution of such judgment had seized two horses, formerly the property of Eolfe, but in the possession of Alexander Patrick. Patrick had applied to Court to stay the sale of such horses, which he claimed as his property, and in evidence of which produced a receipt from Eolfe; the present interpleader summons was therefore issued by the bailiff against Messrs King and Cowley and Mr Patrick, to get judgment as to whose property the horses were. Mr Pitt appeared for King and Cowley, and Mr Tyler for Patrick. Mr Pitt argued that although Patrick had produced a receipt purporting to give him possession of Eolle's horses he believed such document to be a sham one, and made for the purpose of defeating the execution against Eolfe, who had left the district since the judgment had been obtained against him. He hoped the Magistrate would not allow the ends of justice to be defeated by an arrangement of the sort, and asked that the seizure of the horses in execution of judgment might hold goocb Mr Tylei contended that King and Cowley's proceedings were most unusual, and were only intended by them as a try on to harras his client; and to obtain goods, legally his clients own, in payment for a debt owed them by Eolfe, and in support of which try on they had failed to produce a tittle of evidence. The Magistrate said no evidence had been brought forward to impugn the document held by Patrick, by which the houses were said to be his property, and dismissed the case with costs against King and Cowley. The horses were ordered to be given up to Patrick. The Court then adjourned until 10 a.m. this day. In the afternoon several first meetings of creditors took place before Mr Harris.