RESIDENT MAGISTRATE'S COURT.

Press, Volume XIII, Issue 1717, 25 August 1868, Page 2

RESIDENT MAGISTRATE'S COURT.

Chbistchubch—August 24. [Before C. C. Bowen, Esq., E.M] DEUNKENNESa. William Cowper pleaded guilty to a charge of having been drunk and incapable, and was fined ss. • John Sweeney pleaded guilty to a similar charge, but ifc being his first offence, was discharged with a caution. , . ! CITIL CASES. Avon Eoad Board vJ. ]?, Hill—ln this case an interpleader had been put in by the bailiff to obtain the Court's decision as to the ownership of some furnituro, which had been seized by him on account of £4 6s rent due by defendant. The furnituro was claimed by Mr J. Jonee who on Friday last when the case first came befcre the Court, stated that in July, 1867, he purchased the furniture for £13, giving £3 in cash, and allowing a debt of £10 owing to him by Hill to go as a eet-ofl"against the remainder of the. purohrise money. He did not remove the furniuire from Hill's hous.-, Hill undertaking to pay three shillings a week for the use of it* This, however, had never been paid, as Hill hacl , taken charge of witness's son. Witness's wife lived in the same house. The case wa3 adjourned for the proJuctioD cf evidenco, and Jones now put Hill into the witness box, who stated that at tho time lie sold (he furniture he was perfectly solvent, and able to pay 40a in the pound. Hid Worsbip, in giving judgment, said it ■would be a Very dangerous doctrine to admit that property could be sold without a transfer of possession faking place ; and it was laid down moat distinctly that a bona fide sale required tho passing of possession. This had not been shown, and ho must theroforo allow the gooda to be distrained upon.