The 
Times
31 May 1880
In order to guard against Imposition, notices of Births, Marriages, and Deaths must be authenticated by some respectable person in Melbourne to ensure their accuracy.
Births.
HYMAN-On 26 May, at Cape Street, WestMelbourne, the wife of A.H. Hyman of a son.
KERMODE-On 21 May, at 5 Hawke Street, Hotham, the wife of the late Thomas Kermode of a daughter.
TERHAM-On 27 May, at ViewHouse, Daylesford, Mrs Topham of a daughter.
VINES-On 29 May, at Latimer cottage, Geelong, the wife of Joshua Vines of a daughter.
Marriages.
NICHOLSON-GILES-On 2 May, at the WesleyanChurchJamestown, South Australia, the Rev Joseph Nicholson,
Mr Joseph Nicholson, bead teacher state school, Casterton, to Miss Sarah Palmer Giles, only daughter of the late Nathaniel P. Giles, Esq., Deptford, Kent, England.
PHILIPS-REID-On 19 May, at the residence of the bride’s brother, Woollahra, Sydney, by the Rev. J. Otley, John Philips, Harrock, Sidney to Jeanie Sinclair second daughter of James Reid, Church Street, Richmond.
Deaths.
ABBOTT.-On 28 May, at her residence, Barkly Street, St Kilda, Sarah Abbott, dearly beloved mother of I. F. and P. Abbott, in her 54th year.
COLLIES.-On 24 May, at Launceston, Tasmania, the infant son of George and Ursula Collins.
COOK-On 8 March, 18S0, at their son-in-law’s residence, 29 Cleveland Street, Darlington, Sydney, NSW, Emma, wife of William C. Cook, pawnbroker, 41 Beach Street, Sandridge, leaving a family of five affectionate children to mourn their irretrievable loss. Deeply regretted by all who knew her.
DONOVAN.—On 29 May, Mr John Donovan, aged 53 years.
GREEN.—On 30 May, at the residence of her brother, Gellibrand Street, Kew, Mary Elisabeth, eldest daughter of the late Thomas Slater Green, of Fitzroy, aged 39 years.
KERR.-On 20 May, at his residence, Little Lonsdale Street West, Melbourne, Matthew Kerr, wood and coal merchant, aged 55 years.
MCCUTCHESON.-On 29 May, at Chapel Street, Balaclava, Arthur Louis, youngest son of John McCutcheson, aged five years and seven months.
MOODY.-On 28 May, at Pedmore villa, St. Georges Road, Fitzroy, Richard Moody, of the Roads and Bridges Department, and Secretary to the Municipal Surveyors Board of Victoria, aged 57.
PATCHING.-On 28 May, at his late residence, 110 York Street, Emerald Hill, James Benjamin Patching, aged 23 years.
WHITE.-On 2 May, at his late residence, 31 Hindley Street, Adelaide, Albert White, restaurant keeper, aged 38.
Railways
MELBOURNE to ADELAIDE, overland, daily, via Hamilton. Passengers leave Spencer Street Station 7 P.M. the night train.
Conveyances.
HAMILTON to MOUNT GAMBIER-Fare £1 5s.
Cobb’s COACHES LEAVE
Hamilton DAILY, connexion with the night train.
WARRNAMBOOL,40s, Belfast 45s. Through return Tickets by Cobb and Co, from Melbourne, coach, and rail.
COUNTRY NEWS.
[BY ELECTRIC TELEGRAPH.]
(From our own Correspondents.)
CHILTERN, Saturday.
The yield of gold from the Chiltern ValleyMines Company was 196 oz. for the week ending today.
A great deal of interest is taken about a find at the top of the Skeleton Lead. The Eustace party, in search of a reef, report finding a nugget of 2oz. 7dwt and one of 1oz. 7dwt, and a number of smaller ones
DUNOLLY Saturday.
The yields for the fortnight from the Queen’s Birthday was from 321 tons, 496oz.19dwt; North Birthday, from 186 tons 71oz. 19dwt; Sydenham (half time), 75 tons, 20oz.,
12½ dwt.
FRYERSTOWN, Saturday.
The Ferrons Company, a new venture, cleaned up today with a yield of 12dwt perton. Mining generally is steadily improving.
HORSHAM, Saturday.
At the polling today for the vacancy in the representation of the South Riding of the Wimmera Shire, the gross returns were-
John Carter, 258; WilliamDrummond, 200. Mr Carteris, therefore, returned by a majority
of 58. Carter polled a majority in every subdivision. The issues involved were mainly of local interest only.
KILMORE, Saturday
The Crown Claim, Reedy Creek, washed up this evening, and from 56 loads of stone, yielded 527oz. of retorted gold, nearly 9½ oz. to the load.
SALE, Sunday
It has been raining incessantly for three days, with every probability of a general flood. Equally, bad weather is being reported from Bairnsdale.
WOOD’SPOINT, Saturday
LAW REPORT.
SUPREME COURT.
SITTINGS IN EQUITY.
Friday, 28 May.
(Before His Honour Mr. Justice Molesworth.)
RE THOMAS HEARTY.
This was an appeal against a decision of judge Noel suspending for six months the certificate of discharge of Thomas Hearty, of
Melbourne, and also refusing to dispense with payment of the 7s in the £1.
Sir Bryan O’Loghlen for the appellant, Mr McFarland for respondent.
His Honour said: This case comes before me on an appeal by an insolvent, Mr. Heartyfrom an order of the learned judge of the Insolvent Court, Melbourne suspending the certificate for six months and refusing to dispense with the payment of 7s in the £. In his reasons, the learned judge says that with regard to the objection of not keeping proper books, there was no
evidence that the books disclosed entries of money expended that was borrowed from Mr. Wilson, and he, therefore, held that objection proved.
He dismisses an objection as to omitting a statement at a meeting of creditors. As to an objection that the insolvent had not delivered up all his books to the assignee intending thereby to defraud the creditors, he holds that he had not delivered up the books and gave an insufficient excuse for it, but that the intent to defraud the creditors had not been proved.
As to the charge that the insolvent had obtained credit by false pretences, he considers it not proved. He also dismisses objections that the insolvent had made away with his property by means of a settlement on his wife and that he had made a false entry relating to his affairs.
The learned judge then proceeds to say that the ease was one in which he was not at all satisfied with the conduct of the insolvent, which he thinks had not been careful or proper, and says that he should therefore suspend the certificate under the the139th section known as the “conduct section”.
He says, further, there was no reason to show why he should dispense with the payment of7s in the £ to creditors. The operative judgment is that “the insolvent has been guilty of the offense following, that is to say, that his conduct before sequestration was fraudulent and culpably negligent, and the application for a certificate be suspended for six months and that a certificate of discharge should not issue until 7s in the £ has been paid. The words of section 139 are-“Conduct fraudulent,or culpably negligent”-two distinct offences. The same act may be both, but then I think distinct convictions should be expressed, not a conviction for both in the conjunctive. In his observations, the learned judge did not appear to regard the not keeping books as to Wilson loan as fraudulent. The 139th section is intended to deal with misconduct not distinctly specified in the act, but I think convictions should state what the misconduct is and whether fraud or neglect.
The present one leaves it in total uncertainty. There is distinct evidence in the matter that the insolvent got over £3,000 from Wilson, and there is no attempt to prove that the insolvent’s books show what became of it.I have no reason to say that this was fraudulent, and therefore adopt the minor imputation culpably negligent, and think a conviction for it would support the six months suspension.I have heard no reason for dispensing with the payment of7s in the £. Order that the order of the 2nd day of April,1880 be varied, and that the insolvent Thomas Hearty be adjudged to have been guilty of the offence following before the sequestration-being culpably negligent in not keeping proper accounts of the disposal of money received by him from PeterJohn Wilson, and order
that for the reason
aforesaid the application for a certificate be suspended for six months from the 2nd day of April last Otherwise affirm the said order of 2 April without costs
GEELONG.
(FROM OUR OWN CORRESPONDENT.)
Saturday Evening.
A meeting of persona interested in the scheme of sending a colonial ploughing team to England was held at the Prince of Wales Hotel today Mr Jacob Webber was voted to the chair Mr Dalley explained the project at considerable length, speaking in favour of the superiority of the colonial over Englishploughmen, and contending that for mathematical precision in ploughing the colonials could not be beaten in the world. Other speakers followed, who expressed themselves anxious to see a scheme formulated that would be beneficial to the colony but did not think the project referred to would be so.
Some thought it would be better to send a challenge home to English ploughmen to come to Australia, and others that it would be unfair to send colonial men to England, as the ploughing in the two countries were so dissimilar. Eventually, the meeting broke up without any decision being arrived at.
At a meeting of the Executive Committee of the Industrial and Juvenile Exhibition, held last evening, Mr G.M. Hitchcock in the chair, a balance sheet was submitted by the secretary, the final consideration of which was deferred till next Friday.
It was shown that during the time the exhibition was opened, 2,691 persons had paid for admission at the door, that donations and special prizes amounted to over £900, and that the sale of season tickets amounted to £400.
It was also mentioned that the cash balance would be between £400 and £500 and that this amount, with the building and the fittings, should be handed over to the town council. The cost of the extra building and materials thus to be handed over were valued at £1,112
EUROPEAN TELEGRAMS.
[BY SUBMARINE CABLE.]
(REUTER’S TELEGRAMS.)
THE QUEEN’S BIRTHDAY
HONOURS.
LONDON, 23 May.
The Government Gazette contains the following list of appointments to the Order of St Michael and St. George Major G.C. Strahan, R.A., the newly appointed Governor of Tasmania, to be a Knight Commander of the Order.
The Hon Charles Domett, late of Now Zealand, to be a Companion of the Order.The Hon John Baton Thurston, Colonial Secretary of Fiji, to be a Companion of the Older.
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THE BOTANIC-GARDENS.
Active preparations have been commenced with a view to having a creditable display of vegetable extracts, He, at the forthcoming International Exhibition. Several fiber-producing plants have been divested of a portion of their leaves and branches that have to undergo a retting process before they are in a fit state for converting into flax, etc.
The opinion formed some time ago, and which was given expression to in notes of 8 March, as to the olive crop in the gardens this season is a most prolific one, has proved correct, but the unusually wet and cold weather has materially interfered with the ripening process.
Samples from no lessthan 11 new varieties have been gatheredduring the past week for preserves, namely-Picholine, a small, round-fruited variety,maturing towards the end of May;banquet,a beautiful oblong berried variety, yieldingagood oil, and ripening about the middle ofJune;Verdale, bearing a dark violet roundishfruit, yieldinga superior table oil, and ripeningin May; deMalte, a fine, large, ovalfruited variety, very free bearer, ripens aboutthe end of June; cornichon (a poor bearer asyet), having large, oval fruit, ripening aboutthe middle of June; deNyons, a splendid olive, bearing an oblong elliptic fruitas large as in Orleans plum, veryprolific, ripening during the earlier part ofJune;Benevay, largeroundish fruit, shybearer as yet, ripens about the middle ofJune;“Sauren a feuilles desaules,” with finelarge oval berries, a very prolific bearer,ripens towards the end of June;Boutignan,producing small round berries, rather shybearer,a good pickling variety, ripens duringlatter part of June;caillon, a beautiful ovalfruit, free bearer, ripening towards end ofJune, and de Crimeo, round fruited variety,as large as the common damson whichripens about the end of June.
Of the above-named varieties, eight have come into bearing for the first time this year, viz., Verdale, Blanquet, Picholine, Caillon, deCrimée, cornichon, Benevay, andBoutignan. The other three, viz.,Sauren aFeuilles desaule, deNyons, and deMaltefruit last year, and the increase in the second year’s crop is very great; so much so that samples of oil will do available from each of them. Of course, the remarks as to the quality, bearing capabilities, etc., of the new varieties given here in detail are based on observations made during the present and last seasons and must not be taken as an indication of the real merits of the kinds.A double row of ulmus campestris purpuren,“the purple elm,” has been planted along the raised walk leading to the bridge over the Yarra The avenue is to be continued along the Andereon Street walk with the Grevillea robusta, the“silky oak.”
