EXTRACTION

See Taylor, Arthur

John Makinnon, who had been remanded from last Circuit Court on a charged of fraudulent insolvency, was at Ballarat again remanded on Thursday, his bail being enlarged.

In the case Birch v Young and others, in the Circuit Court on Friday, the plaintiff sought damages for trespass and wrongful conversion by the agents of the official assignee in the insolvent estate of John Makinnon, lately remanded on a charge of fraudulent insolvency. John Makinnon was a lessee of the plaintiff, and his brother and son subsequently took the farm, the insolvent remaining on the premises also. The plaintiff loaned money and produce to the brother and son, and took a mortgage of the cattle and implements as security. The defendants seized the securities and trespassed, but pleaded that the mortgage was colorable and void. A verdict of £ 60 damages was found. Star

The mortal remains of Mr Mark, farmer Forest Hill, lessee of the Creswick Race-course, were committed to the ground at the Creswick Cemetery, on Sunday last. About 200 persons mostly in vehicles and on horseback attended the funeral.

See Mark, Thomas

Tuesday’s Age reports several certificate meetings of insolvents held on Monday last, before His Honor the Chief Commissioner.- In re Thomas Mark. - This insolvent had formerly been the landlord of the Kent Hotel, Fraser street, Clunes. He was examined by Mr McGregor, who appeared for the assignee and some creditors. The insolvent stated that he had been in the premises for about four years, and they at first belonged to his brother Pattinson Mark, but were subsequently sold to him for the sum of £ 908, to be paid in bills, which however were not tendered. His brother drew all the money as it came into the house, and was in a manner a mortgagee over the premises. Mr Potter, a mail contractor, afterwards took up a mortgage, and had since been in receipt of money from the house. A creditor named James Dickson, a butcher of Clunes, subsequently sold out the insolvent, and Potter became the purchaser. The business was , however, carried on by the insolvent till last week, when he left. The meeting was further adjourned till the 8^th December.

See Ronalds, A

Mason, the squatter, was tried on Wednesday for the murder of McDougall, the squatter, of Gipps Land. He was found guilty of manslaughter, and sentenced to 12 years on the roads.

See McIlvenna, Patrick

See Service, James

The following schedule has been filed at the Sheriff’s Office, Ballarat - James May, storekeeper, Spring Hills. Liabilities, £231 8s 5d; assets, £23 9s; deficiency, £207 19s. Mr Randall, solicitor.

See Oliver, John Duncalf

See Mason

See Service, James

See Grant, Donald

See Mark, Thomas

Insolvent Court. - (Before Wriothesley Baptist Noel, Esq., Chief Commissioner of Insolvent Estates.) - In the Estate of Patrick McIlvenna. - Mr Wisewold appeared for the official assignee, and examined the insolvent as to certain farming operations carried on by him at Burrumbeet, four years since, and subsequently, in 1860, at Bullarook, with 146 acres of land. It appeared that he was in difficulties at the time of his quitting Burrumbeet, and commenced at Bullarook in May, 1860, without any capital of his own. He had, however, £10 in borrowed money, and farming implements to the value of £30,. From 64 acres of wheat he obtained 600 bushels, and from 14 acres of oats also 600 bushels. He had also all sorts of green crops. Paid his landlord no rent, but paid a deposit of £10 on taking the ground. Paid wages, but could not say to what amount, between May, 1860, and March 1861, when he filed his schedule. The Schedule contained in all £300 paid for wages. Kept no book of accounts. Could not say if his debts of £1069 were all incurred at Bullarook. About £600 was so incurred. Could not say if it was not within a fortnight of hes insolvency that he sent 70 bushels of wheat to a Mr Fry of Ascot Mills, on account of a debt. Never consulted any lawyer about preparing his schedule before the wheat was sent. With the money arising from the sale of the wheat paid for wages, timber, and several bills. A Mr Mather, a publican at Smeaton, took 200 bushels off the ground a few days before the insolvency. Agreed with Mather that he should have the wheat about the early part of January, just before the crop was cut. Mather was to advance 3s a bushel on 300 bushels. The agreement was in writing. The meeting was adjourned to the 8^th May. - Argus

Insolvent.- Patrick McIlvenna, of Bullarook, farmer. Causes of insolvency: Bad crops and the pressure of creditors. Debts, £1069 8s 4d; assets, £58; deficiency, £1011 8s 4d. Official Assignee, Mr Shaw.

See Service, James

We learn from the Star that John McKennan, formerly a farmer at Spring Hill, Creswick, surrendered to the police at Ballarat on Thursday last to answer a charge of fraudulent insolvency advanced against him by the agent of the official assignee in the insolvent’s estate. The case was postponed for a week.

See Morris, John

New Insolvents.- Andrew McKissock, of Bungaree, butcher. Liabilities, £ 169; assets, £ 65; deficiency, £ 104.

See Service, James

See Service, James

See Cooley, Henry

New Insolvent. - Tuesday’s Gazette furnishing a list of insolvent estates, Geelong district, for the week ending 8^th June, includes Aeneas Ross McLeod, draper, date of sequestration 6^th June.

In the Insolvent Court, on Monday last, before the Chief Commissioner, a certificate was granted without opposition to Aeneas Ross McLeod.

Insolvents. - Aeneas Ross McLeod, of Creswick, draper. Debts £7113 17s 5d, assets £4792 3s 3d, balance deficiency £2321 14s 2d. Causes of insolvency - loss by fire, depreciation of property, inability to realise, and pressure of creditors.

Insolvent Court

Third Meeting in re Aeneas Ross McLeod.

Mr Billing for the official assignee; Mr C Faussett for a creditor; Mr Hines also for creditors; Sir George Stephen for the insolvent.

Mr Faussett tendered a claim for £300, for proof, on behalf of Thomas Durose, which was opposed on behalf of the assignee and some of the other creditors.

Thomas Durose was examined at some length as to the claim put forward, and stated that it represented the balance due to him for salary and commission as traveller and manager from April, 1856, to March, 1858, for which he held insolvent’s I O Y, given at about the time of ascertaining the balance. Had received salary and commission since, and had also charged interest on the £300, as agreed between himself and the insolvent. The books had regular entries of matters of account between them, and the ledger showed the balance due. Had also lent the insolvent sums of money from time to time, which had been repaid, and those repayments would account for the various sums shown in the bank-book as being paid to witness. Had no memoranda of these.

The insolvent was examined as to the claim, and he admitted its correctness.

Mr Billing addressed the Court against allowing this claim to b proved, and contended that it was most improbable that the witness would have had such a sum owing to him.

Mr Faussett was heard in support of the proof and

The Chief Commissioner said he would give judgment on Monday.

The creditors agreed to allow the insolvent to retain furniture of the value of £50, and the meeting closed.

The Court then rose until the following day.

INSOLVENT COURT MELBOURNE,

In Re Aeneas Ross McLeod

Billing appeared for the official and trade assignees; Sir G Stephen for the insolvent.

Ten debts were proved, amounting to nearly £3000, and other claims were rejected.

The insolvent, who had been a general linen-draper in a large way of business at Creswick, was examined by Mr Billing as to the course of his dealings, and as to the state of his affairs at different periods of his trading. The insolvent stated that he began business in Creswick on 5^th June, 1854. Had not been in that business in Victoria before that time, but had been mining, and had saved a little money. Arrived in this colony in July, 1853, and had carried on business at Cromarty and Tain, in Scotland, for three years prior, at first in partnership with one Munro, and afterwards alone. The firm were in difficulties in 1850, and Munro retired, when insolvent took the business, and gave security to the creditors. Subsequently, also, the business was unsuccessful, and insolvent gave up everything by assignment to his creditors, whose claims were not thereby altogether discharged. Did not bring any capital here. His books were partly kept by himself and partly by a young man, Durose, employed by him. First had a partner of the name of Grant, who retired from the firm leaving assets sufficient to meet all liabilities. Business was flourishing for the first two or three years,, but in February, 1860, a fire broke out in the neighbourhood which reached insolvent’s premises, and burned a great portion of the stock, which, although worth about £3800, was, with the premises, worth over £1500, insured for only £1900. In January, 1861, called a meeting of his creditors in Melbourne, and laid before them a statement of his affairs, and asked for time - two, four, six and eight months. At that meeting showed a surplus of £2793. Called a second meeting on the 20^th of May, when, in the statement he then laid before the creditors, there appeared only a surplus of £8 1s 5d; but this was accounted for by the over-valuation of a stock in another store (Lewers’s stock, bought by the insolvent), and an over-estimate of the value of the freehold property. Had a third meeting on the 31^st May, when it appeared in the statement then produced that there was a deficiency of £2287 2s 2d. That last statement was more accurate, being made out from actual measurement, and ascertaining correctly the quantity and condition of the goods in the store. The accounts produced would show the mode in which the amounts then in hand, and since received (from May 16 to June 6, the date of the sequestration) had been disbursed.

At the request of Mr Billing, the further examination of the insolvent was adjourned to the 20^th September. - Argus, August 25.

On Monday last the Chief Commissioner of Insolvent Estates admitted Mr Durose’s claim of £300 in re Ae R McLeod.

See Service, James

New Insolvent. - Julius Meyer, of Melbourne, jeweller. Debts £ 293 1s, assets £ 33. Causes of insolvency. Robbery of his store at Clunes and bad debts.

Mr Wm Miller, late of Airdrie, Scotland, son of Mr Wm Miller, Grocer, Whifflet, will hear something interesting to him by corresponding with the subscriber.

M McCulloch,

Tinsmith and Ironmonger.

Creswick

The following schedules were filed in the Sheriff’s office on Saturday :- Robert Mitchell, Clunes, carter, causes of insolvency, losses in building and pressure of creditors, liabilities £ 244 0s 9d; assets, £ 91 8s; deficiency, £ 152 12s 9d. …. Lynn & Stavely solicitors.

See Bateman, Edward

See Chambers Bros

See Langford, Samuel

See Sanders

By the order of the N.G.

James McKinnon, Sec.

Tuesday, May 13^th, 1862.

The Friends of the late Mr John Morris are invited to accompany his remains to the Creswick Cemetery This Day. The Procession will move from his late residence, Albert-street, at Half-past Two o’clock.

Tuesday, May 13^th.

Morris

John

We regret to announce the death of Mr John Morris, builder, Albert-street, who after several months’ suffering, died on Sunday evening last. Mr Morris, attracted by the once favorable reports, went to New Zealand, to try his luck at the gold-fields, but he was prostrated by sickness, and returned to Creswick to breathe his last. The deceased, who leaves a wife and family, was an active member and N.G. of the Loyal Prince of Wales Lodge. The officers and brethren, and a great number of our townspeople will follow his remains to their last resting-place this day. (This is the first death of a Creswick tradesman which has occurred for the last three and a half years.)

The funeral of Mr John Morris, on Tuesday last, was numerously attended. In addition to the public in general, there were 104 members of the Prince of Wales Lodge who followed their departed brother to the grave. The Rev G. Pollard read the beautiful service of the Church of England, and the Prov Grand Master, Brother W. L. Jones, delivered an appropriate address. At the request of the deceased, Mrs Morris joined the procession. We understand that Mrs Anthony, of the American Hotel, is willing to receive subscriptions for the widow and children.

New Insolvent. - Thomas Morris, of Creswick, butcher. Debts £223, assets £8, deficiency £215. Causes - Losses in business, bad debts, and pressure of two creditors.

See Service, James

See McLeod, Aeneas Ross

Abraham Murcott, Ballarat, carter. Causes of insolvency - Pressure of creditors, one of whom is proceeding against insolvent in the Police Court, Ballarat; bad debts, and sickness in family, and death of wife. Debts, £ 235 16s 11d ; assets, £ 96 6s 3d; deficiency, £ 139 10s 8d.

See Trevan, William

New Insolvent.- Carl Nees, of Ballarat, cabinet maker. Causes of insolvency - Bad debts, losses in trade, and by having an execution put into his house by Christian Lange and Emil Thoneman for £ 165; debts, £ 1322 6s; assets, £ 2021 5s; surplus, £ 705 19s.

See Pleasents, James

See Service, James

See Langford, Samuel

Wriothesley Baptist

Wriothesley Baptist

New Insolvent.- James M O’Toole, storekeeper. Causes of Insolvency - Losses in mining and pressure of Creditors; debts, £ 502 14s 6d; assets, £ 116 8s 10d; deficiency, £ 386 5s 8d.

Friday’s Geelong Advertiser announces the death of Mr Thomas Ogilivie, a well-known colonist.

See Service, James

New Insolvent.- John Duncalf Oliver, of Mount Bolton, miller. Debts £ 3982.11s 5d; assets, £ 2929 7s 11d; deficiency, £ 1953 3s 6d. Causes of insolvency - High price of wheat and labor, and depreciation in the value of flour. Solicitor - Mr W H McCormick, Geelong.

See Syme, Ebenezer

New Insolvent. - Thomas Oyerst, of the Springs, in the county of Grenville, farmer. Debts £1969 16s, assets £1221 8s 6d, deficiency, £748 7s 6d. Causes - Pressure of creditors, sickness, and depreciation in the value of property.

New Insolvent. - Samuel Paull, of Bullarook, storekeeper. Causes of insolvency - Losses in business, depression of trade, and pressure of creditors. Liabilities, £ 118 2s 9d; assets, £ 14 14s; deficiency. £ 103 8s 9d. Mr Courtney, official assignee.

See Huston, Dr

The Supreme court, in its appellate jurisdiction, on Friday reversed the decision of Mr Justice Chapman in the case of William Perry, insolvent. The Chief Commissioner had refused the certificate, on the ground that the insolvent had appropriated to his own use property, or moneys, entrusted to him as "a trustee or agent only," he having sold bricks for the Government, and paid the money into his own general account at his bankers, at a time when he was insolvent, but still "in hopes of carrying on." Mr Justice Chapman reversed the decision of the Chief Commissioner. He held that an auctioneer who receives the proceeds of goods entrusted to him for sale and pays them into a general account into which he pays also all his own moneys, and out of which he pays his own debts as well as repays the proceeds of sales due from him to customers, and who is known by his customers to do this, does not come within the meaning of the Insolvent Act, if his inability to repay all the moneys he has received as proceeds has come about merely by the dwindling away of his funds, and not by any specific misappropriation of any specific sum trusted to him as agent only. The Appeal Court held that an auctioneer, who is simply employed as such, is merely an agent to sell and to hand over the proceeds; that a person so employed has no right to deal with the proceeds as his own; that his safer course is to keep a separate deposit account, and that if he does deal with such moneys, as his own, though he may be safe so long as he is not detected, yet, if he becomes insolvent, he falls within the scope of the act, and his certificate must be refused.

December 9, 1861

Obituary - To endorse the regret that is generally felt and acknowledged at the mournful event that occurred at half-past two a.m. on Saturday last - the death of Mr James Pleasents - has unfortunately, fallen to the lot of your correspondent. Bearing in mind the injunction - "of the dead nothing but what is true," I can fearlessly testify to the memory of the deceased being generally respected and revered for that probity of character which raised him when living to the standard that would bear high criticism. For the last two years he had at intervals to make a retreat to suburban and distant places in the hope of recruiting declining health and alleviating the great pain he had to endure from disease of the heart - for that was the principal cause of his death. Apparent restoration alternated with relapses during the time above-mentioned, when, on Tuesday evening last, he was so seriously ill that confinement to his bedroom was at once rendered indispensable, and on the day and hour above mentioned "the silver cord was loosed," and he resigned his life to Him who gave it, in the thirty-sixth year of his age. The deceased was born in Norwich, in the county of Norfolk. A widow and four children are left to mourn their loss. For upwards of six years he has been a resident at Clunes, and with the mining interest he was all along more or less, identified, and was a shareholder in the Yankee Company’s rich claim. On Saturday the Chairman of the Municipality convoked a special meeting of the Council (of which body he was a member) and it was unanimously resolved that the whole of them should evince their respect to his memory by attending and joining in the obsequies on Monday. The Oddfellows, too, called a meeting and resolved to join the cortege and pay similar respects to the worth of one who belonged to that honourable fraternity. At the hour named for the funeral to move, the whole of the shops were closed, and a large cavalcade attended the mournful procession.

Funeral of the late James Pleasents. - The hurry in returning to Creswick was the cause, I presume, of forgetfulness, on the part of a gentleman, to be the bearer, as he had promised, of the following account of the funeral:- At a quarter past two on Monday, the tolling of St. Paul’s bell was the signal that the mortal remains of our late highly respected townsman were about to be removed from his late residence to the Cemetery, and in a quarter of an hour afterwards the long, respectful, mourning train was set in motion, proceeding along Fraser Street and Service Street, nearly in the following order:-

Loyal Clunes Lodge, IOOF, MU

The Officers and Members wearing scarfs and hatbands, and bearing the Funeral Regalia of the Lodge,

And

Visiting Officers and Members of other Lodges.

Undertaker - Mr Wallace

(Of the firm of Nichol and Wallace)

Pall Bearers - The Body - Pall Bearers

Mourners:

Widow & Children

The other members of the Family

The Council

Inhabitants of the Town & Neighbourhood.

Horsemen -- Vehicles

Arrived at the Cemetery, the funeral service was read by the Rev G Pollard in an impressive manner, after which the burial ceremonies of the order were gone through by Past N.G. Stewart , of the Loyal Clunes Lodge, each Member dropping a sprig of thyme - the "herb of grace" - on the coffin, and thus ended the last tribute of respect to memory of James Pleasents. Resquieseat in Pace.

See Felstead

See Hepburn, Thomas

See Pleasents, James

New Insolvents.- William Pomroy, miner, Clunes; official assignee, Laing, Melbourne.

See Foxton, John Greenlaw.

See Mark, Thomas

See Thompson, Alex Prindle

See May, James

If John Rawlings , of Goulburne street, Tasmania, will call at the Old House Inn, Creswick, he will hear of this friends. Supposed to be at Creswick or Inglewood.

Relf

Mrs John

Case of Real Distress. - The Assistance of the Charitable is solicited on behalf of Mrs John Relf, of Spring Hill, who, in consequence of the recent decease of her husband, is left with a family of four children totally unprovided for.

Mrs Relf has resided on Creswick for nearly seven years, and is now in an advanced state of pregnancy. Her late husband was afflicted with total blindness for six months prior to his decease.

Subscriptions will be received by Charles Whiffen, blacksmith, of White Hills, and Alfred Smith, miner, Spring hills, who will canvass the township on Monday next for subscriptions.

Martin Rice, convicted of the murder of Mr Anthony Green, was executed in Melbourne on Monday last.

See Buchan, Wm

See Langford, Samuel

See Tringrove, Samuel

Inquest &

Dr Glendinning held an inquest on Monday, on the remains of Mr A Ronalds, late a nurseryman residing at the Swamp, who expired suddenly early on the same morning. The evidence showed that he had gone to bed at ten o’clock the previous evening in his usual health, and awoke about four o’clock, and again at five when he spoke to Mrs Ronalds, but immediately after he commenced snoring and did not answer when he was roused. Assistance was immediately sent for, but he died immediately. The jury returned a verdict of death from apoplexy in accordance with the medical evidence.

The late Mr Ronalds, whose death is recorded in the above paragraph, was an old resident on the gold-fields, having lived under the Adelaide Hill, Forest Creek, in Dec. 1851, whence he removed to Eagle Hawk in 1852, and thence to Bendigo itself. He subsequently became a resident on Creswick, and settled down on Ballarat in 1853. The deceased was the first to start the surfacing west of and near to the Ballarat Cemetery, with which he persevered until a rush surrounded him, depriving him of some really good ground, almost within his grasp. Mr Ronalds shortly after purchased the land for that nursery which he cultivated with so much taste and skill, and produce of which met with encomiums at the recent Ballarat Show. The deceased gentleman possessed considerable and varied talent, combined with indomitable perseverance. As a proof, he was a self-taught engraver, copper-plate printer, medallist, and lithographer. As an ardent lover of his adopted country, and conceiving that the separation of Victoria from New South Wales deserved some permanent record, he designed and struck a medal commemorative of the event. One of the medals is now in our possession. But the people of Geelong were not so enthusiastic as the artist, who used to say that he gave away nineteen medals in order to sell the twentieth. In the old country, Mr Ronalds was an ardent follower of Izaak Walton. His work on Fly Fishing (published by Longman & Co) still maintains its ground, and for some years the profits from its sale, he said, averaged £ 50 per annum. Lucky author! The deceased gentleman, who was twice married, has left a large family to deplore their loss. Mr Ronalds was closely related to the celebrated Martineau family.

Ballarat Star - Tuesday

New Insolvent.- John Ross, farmer, Hollowback, near Creswick. Mr Courtney, official assignee.

If Mr Rowe, Gingerbeer Manufacturer, does not remove his Spring Cart within seven days from this date, it will be sold to defray expenses.

William Symons, Maiden Hill, Oct 13, 1862

See Bragg

See Tannahill, Andrew

New Insolvent - James Ryan, of Glendareul, farmer. Causes of insolvency - Failure of crops. Liabilities £ 132, assets £ 29; deficiency £ 103.