RESIDENT MAGISTRATE COURT.

Westport Times, Volume V, Issue 854, 26 August 1871, Page 2

RESIDENT MAGISTRATE COURT.

Friday, August 25. (Before J. Giles, Esq., E.M.) TEMPEBLEY (BAILIFE) V. BEAITHWAITE. This was an interpleader case arising out of a judgment obtainod by Braithl waite against a miner named Eodden. Braithwaite had obtained a distress warrant, and the bailiff levied upon a certain mining dam, the alleged property of Eodden. The above summons was taken out on the application of Thomas Wardrop who claimed the dam as his property.

Mr Home appeared for Wardrop, and Mr Pitt defended.

Mr Home admitted that Braithwaite had obtained judgment, had levied on the dam, and that he was still in possession.

Mr Home then called the claimant "Wardrop, who stated that he knew John Rodden, and had bought a dam from him recently. The dam was transferred to him. Claimant was a butcher. He produced the transfer and the sale note. Claimant gave John Rodden a clear receipt for £9 10s. 6d, in consideration of getting the transfer. He had a party working the ground.

By Mr Pitt: Mrs Eodden represents my interest, and I pay her £1 per week. 1 have paid her two weeks' wages up to the present time. I believe the case of Braithwaite v. Rodden was first heard on August 1. I knew on July 29 that Braithwaite was suing Rodden. J did not want to be bothered about the claim, as it does not pay a man to be continually running to the "Warden's Court for registrations, transfers, &c: I have received gold to the value of £3 4s 6d out of the claim. 1 said that I would let the claim go back, if they could get Braithwaite to arrange. The defendant Braithwaite stated that the property seized consisted of a dam and tail boxes, worth £SO or £SO.

By Mr Home: I sold Rodden a flood box some time ago for £7 10s. That carried with it the right to use the water in the creek.

By the Court: The property now in dispute is a dam full of tailings. The lower part of the tailings is valuable, and will yield, I believe, £lO per week.

By Mr Home: I speak of the property from my own knowledge of the locality, and from what Eodden told me. He said that he expected to get £2OO worth of gold clear out of the tailings in the dam. I will give £SO or £6O for the dam.

By the Court: Eodden did not say in what length of time he would get the £2OO worth of gold out of the dam.

Counsel addressed the Court, and his Worship stated that judgment would be reserved until the following day. The point he should require to consider being as to how far the admission of Wardrop that the claim was to go back would prejudice the absolute transfer to him by Eodden.