WESTPORT DISTRICT COURT

Westport Times, Volume II, Issue 269, 11 June 1868, Page 2

WESTPORT DISTRICT COURT

Wednesday June 10, (Before his Honor Judge Clark.) When the Court opened it was occupied with an assessment of plaintiffs costs in the case of Leach v. Jolliffie, and the agreed amount was set down at £12.10.6. MINING APPEALS. O'BRIEN AND ANOTHER, APPELLANTS V. SCOTT AND MITCHELL, RESPONDENTS. Mr Tyler appeared for the appellant. Mr Pitt for the respondent. •feThis was an appeal against a decision, of Charles Broad Esqr., Warden at Brighton, in reference to a right of water. His Honor asked for the production of the notice of appeal. Mr Tyler said, it was not necessary. The respondents appeared and that was sufficient proof that they had been served with notice. His Honor considered it absolutely

necessary, as ho had no jurisdiction without it.

Mr Tyler said that it had not yet been the practice in that Court. His Honor said, that might be in cases where all was admitted, but not otherwise. Mr Pitt had been about to take that objection, if his Honor had not pointed it out. Mr Tyler did not care, ho would prove it without. "" He then called Thomas Mitchell who admitted that he had received anotice of appeal which was in writing. Mr Pitt objected to this course and his Honor concurred, observing that there had undoubtedly been some mistake in the case; if however the witness produced the notice of appeal, that would be sufficient. In this however the learned counsel failed, and a rather warm discussion between his Honor and Mr Tyler arose, in consequence of the latter insisting that in the previous practice of the Court, this notice had not been required to be proved. His Honor at last said that Mr Tyler was insulting him, by persisting in the repetition of the statement. Mr Tyler explained, that he had no desire to insult the Court; his own stupidity might have misled him, as to the previous practice of the Court. After a long consultation, His Honor in order to allow the matter to be remedied, adjourned the Court till two o'clock

On the Court resuming at two o'clock, the above Mining appeal case was adjourned till Friday next, in order to allow evidence of the notice of appeal to be furnished. Subsequently Mr Tyler said that he was prepared with the necessary proof, and after some conversation it was arranged that the subject might be mentioned to-day with a view to its being proceeded with at once.

INSOLVENCY. The proceedings were destitute of the slightest public interest, as only those cases where no opposition was offered, were heard. Final orders of discharge were granted in the cases of Win. Courtney, King and Cowley, Alcorn and Co., Ehrenfried Bros., 11. L, Kennedy, Peter Bossard, Wm. Nahr. The hearings of 11. E. Campbell and James Godfrey were adjourned t ; ll 11 o'clock this morning. On the motion of Mr Pitt the cases of G. If. Clutsam and Henry AVright were adjourned till the next sittings on the 18th of August. T :e Court then adjourned till to-day at 11 o'clock.