transcription of vprs 16626: [colac] court of requests day...

Transcription of VPRS 16626: [Colac] Court of Requests Day Book (1850‐1857)

PAGE 1a

Day Book for

Court of Requests at Colac

Established 1st January, 1850

1850 March 25 John WILLIAMS applied for a Summons against Peter COCKRAN for £1.10.0 – for goods sold and delivered. Granted. William KITTELTY applied for a summons against Christopher CARLEY for £4.0.0 for goods sold and delivered. Granted. Michael LYONS applied for a summons against John GIBBS for £2.1.0 for goods sold and delivered - Granted. Michael LYONS applied for a summons against John GIBBS for £2.10.0. in a case of arbitration - Granted. April 1 Summons drawn out against the above parties and handed over to the Bailiff to be served accordingly.

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PAGE 1b 1850 April 6 Peter COCKRAN filed his defence as follows – that he had paid the plaintiff John WILLIAMS in full for all work done for the said Peter COCKRAN. Christopher CARLEY states that he is not indebted to the plaintiff William KITTELTY. John GIBBS filed his defence as follows – 1st. That he was not indebted to the plaintiff Michael LYONS for liquor in the sum mentioned viz £2.1.0 – 2nd. That the plaintiff was indebted to him more than the amount sued for. John GIBBS filed his defence as follows - 1st. That he did not consider the award for £2.10.0 a legal one. 2nd. That the plaintiff Michael LYONS was indebted to him more than the amount sued for.

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Page 2a 1850 April 8 On this day the first sittings for the Court of Requests at Colac was held before Hugh MURRAY Esquire J.P. John WILLIAMS V. Peter COCKRAN This was an action for goods sold and delivered amounting to £1.10.0 – viz a coffin made and delivered over to Peter COCKRAN according to order, the amount had been owing upwards of 15 months and no payment had been hitherto made. - Evidence heard on both sides. Judgment given for plaintiff in the amount sued for £1.10.0 – and costs 5/6 – 14 days allowed for payment of the same. William KITTELTY v. Christopher CARLEY this was an action for goods sold and delivered amounting to £4.0.0 - viz. both are supplied by order of defendant – Plaintiff being sworn stated the bill produced was for goods made by him and delivered to defendant. The bill was receipted at defendants request, stating the stuff, namely slabs were ready for delivery after evidence had been heard. Judgment was given for [continued]

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Page 2b 1850 April 8 [continued] plaintiff to the amount of 4/- the difference of the bill, defendant having had that here in cash of plaintiff and the bill delivered to plaintiff, No costs allowed. The 4/- were paid in Court. Michael LYONS v. John GIBBS. This was an action for liquor supplied and delivered amounting to £2.1.0. - evidence heard for both sides - claim dismissed under Publicans Act. Michael LYONS v. John GIBBS. This was an action for £2.10.0. under an award in case of arbitration made before Hugh MURRAY and John CALVERT Esquires 10th July, 1848 - evidence heard on both sides & judgment given for plaintiff amounting to £2.10.0 - & costs 5/6, 10 days allowed for payment, defendant produced a bill for board & lodging against plaintiff, but was told by the Bench to bring his action to the next sittings This concluded the 1st sittings of the Court.

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Page 3a 1850 May 1 [No 2] Peter COCKRAN applied for summons against Thomas HILL for goods sold and delivered amounting to £3.11.3 last year. Granted. [No 1] Peter COCKRAN applied for summons, Henry BECK, Carpenter for the sum of £1.3.0 - for labour performed by him of dray and bullocks last February - Granted. May 14 [No 3] John GIBBS applied for a summons against Michael LYONS for the sum of £4.19.3 for board and lodging for the said Michael LYONS and his hired servants during 1848 - Granted. May 18 [No 4] John GIBBS applied for summons against Michael WALLACE for the sum of £1.12.0 the amount of a promissory note drawn by Michael WALLACE payable to John GIBBS and by him endorsed. - Granted. John GIBB also applied for a subpoena for William PAYNTON in the above case - June 13 Received into the record of the Court of Petty Sessions for the District of Colac for the registration of bills of sale and Deeds of Mortgage of chattels property at the hour of half past [continued]

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Page 3b 1850 June 13 [continued] four o’clock of the thirteenth day of June 1850

Thomas MUSPRATT Registrar

June 14 [No 5] Withdrawn Sarah COCKRAN applied for a summons against John BLACKBURN for 6/- for goods sold and delivered within the last 12 months - Granted [No 6] Peter COCKRAN applied for a summons against Patrick BOLAND for Six pounds eleven shillings for work and labour of the said P. COCKRAN by hire of his dray and bullocks and carriage of goods from town. Granted. June 17 Peter COCKRAN applied for a Subpoena for Jane HILL in the above case - No 2 Granted Peter COCKRAN applied for a subpoena for Joseph WILLIAMS also in the above case No 2. Granted. June 18 Peter COCKRAN applied for a subpoena against Thomas QUINN in case No 6. - Granted [No 7] Thomas HILL applied for a summons against John TROTTER for £8.12.0 for rent, drink, lodging and stabling supplied during 1848 and 1849 - Granted [No 8] Thomas HILL applied for a summons against Peter COCKRAN for £7.10.0 for a deficiency in the quality of wheat sold by COCKRAN to HILL. - Granted.

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Page 4a 1850 June 28 Michael WALLACE applied for a subpoena for Frederick ROSE of Colac in case No 4. - Granted. Patrick BOLAND applied for a subpoena for James DUNN of Colac - Granted - case No 6. Michael WALLACE filed his defence this day in case No 4. - GIBBS v. WALLACE. Patrick BOLAND filed his defence this day in case No 6 - COCKRAN v. BOLAND July 1 Michael LYONS applied for a subpoena for Christopher CARLEY of Colac in case No 3. - Granted. July 4 Peter COCKRAN applied for a subpoena for William DOWLING of Colac - in case No 8 – Granted Henry BECK applied for a subpoena for Edward BEDFORD of Colac, in case No 1 - Granted Henry BECK filed his defence this day in case No 1 - COCKRAN v. BECK. Thomas MacCARTHY filed his defence this day in case No 9 - CHAMPION v. MacCARTHY. June 22 [No 9] John McCAIG as agent to Frederick CHAMPION applied for a summons against Thomas MacCARTHY of Colac for Ten pounds the amount of a cheque [continued]

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Page 4b 1850 [continued] unlawfully detained by the said Thomas MacCARTHY - Granted July 4 Thomas HILL filed his defence this day in case No 2 COCKRAN v. HILL. July 5 Thomas HILL applied for a subpoena for Frederick Charles WELLS in case No 8. - Granted July 8 On this day the second sittings for the Court of Requests at Colac was held before D.E. STODART and J CALVERT Esqs. Peter COCKRAN v. Henry BECK. This was an Action for labour by hire of bullocks. Case heard and defendant ordered to pay Plaintiff a balance of 8/- due to him. Peter COCKRAN v. Thomas HILL, this was an action for goods sold & delivered. Plaintiff was ordered to pay defendant balance of 3/9 & costs 2/- John GIBBS v. Michael LYONS, this was an action for board & lodging, evidence proved that the claim had been settled some time previous. Verdict therefore for the defendant. John GIBBS v. Michael WALLACE this was an action for a promissory note. Case proved. Defendant ordered to pay £1.12.0 - amount of note & costs. Sarah COCKRAN v. John BLACKBURN. This case was withdrawn. Peter COCKRAN v. Patrick BOLAND. This was an action for work & labour [continued]

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Page 5a 1850 July 8 [continued] Case proved, and defendant ordered to pay plaintiff balance of 12/- and costs. Thomas HILL v. John TROTTER. This was an action for board & lodging and was withdrawn. Thomas HILL v. Peter COCKRAN. This was an action for a deficiency in or quantity of wheat - case proved and defendant ordered to pay plaintiff £7.10.0 & costs 8/9. Frederick CHAMPION v. Thomas McCARTHY. This was an action for the unlawful detention of cheque - No jurisdiction. This concluded the 2nd sitting of the Court. 1850 August 5 James BLACKWELL applied for a summons against Michael McCORMICK, for £2.19.2. Meat sold and delivered. - Granted. August 9 John WILLIAMS applied for a summons against Phillip BRUM [or BRUMM] - for £10. – work and labour performed - Granted September 12 Michael WALLACE applied for a summons against John GIBBS for costs and damages sustained £3.0.0 - Granted. October 14 P. BRUM [or BRUMM] filed his defence - allowed. October 14 On this day the third sitting for the Court of Requests was held before Hugh MURRAY & D.E. STODART Esqs. James BLACKWELL v. Michael McCORMACK. This was an action for goods sold & delivered – case proved - defendant [continued]

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Page 5b 1850 October 14 [continued] ordered to pay Plaintiff £2.19.2 & costs 5/9. John WILLIAMS v. Phillip BRUM [or BRUMM]. This was an action for work & labour performed, case proved & defendant ordered to pay plaintiff Ten pounds. Michael WALLACE v. John GIBBS. - This case was withdrawn. And a fresh summons ordered to be issued without charge. This concluded the 3rd sitting of the Court. October 16 Michael WALLACE applied for a summons against John GIBBS for £3.0.0. loss & damage – Granted. Also for a subpoena for Frederick ROSE & John WILLIAMS - Granted. John WEST applied for a summons against Phillip BRUM [or BRUMM] for £2.18.0 – balance in payment of a cow sold & delivered - Granted. John GIBBS applied for a subpoena for Richard HARVEY in case No 1. Granted. David HARKER applied for a summons against William TUCKER for £2.11.0 – hire of a dray & bullocks - Granted. David HARKER applied for a summons against John DEWEY for £1.10.0 – on a promissory note - Granted. David HARKER applied for a summons against John ANSON for £3.0.0 - Money lent - Granted. David HARKER applied for a summons against John ANSON for £4.3.6. the [continued]

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Page 6a 1850 October 16 [continued] balance due for a grey horse sold and delivered - Granted. Michael LYONS applied for a summons against John EGAN for the balance due to him for goods sold and delivered - £7.0.0 - Granted November 15 John GIBBS applied for a summons against Michael WALLACE for board & lodging £3.7.0 - Granted. John GIBBS applied for a subpoena for Richard HARVEY - Granted John GIBBS applied for a summons against Michael WALLACE for work & labour etc £1.0.0 - Granted. John GIBBS applied for a subpoena for Richard HARVEY - Granted. Michael WALLACE applied for 4 subpoenas for the following parties, Peter COCKRAN, William RIPPON, Thomas McCARTHY and George LEEK - Granted. November 25 Received into the Record of the Court of Petty Sessions for the District of Colac, for the registration of Bills of Sale and deeds of Mortgage of Chattel property at the hour of three o’clock on the 25th day of November 1850 - Wells D CHAMPION

Thomas MUSPRATT Registrar

December 9 Joseph DONINGTON applied for a summons against Joseph Gardiner MACK for horse hire - £4.16.0 - Granted.

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Page 6b 1850 December 18 Robert STODART applied for a summons against George COOPER for hire of a dray & bullocks - £4.7.0 - Granted. Henry BAXTER applied for a summons against John WILLIAMS for rent due £2.12.0 - Granted. Henry BAXTER applied for a summons against John WILLIAMS for damage done in removing two window sashes & destroying 12 panes of glass. £1.2.0 - Granted. Henry BAXTER applied for a summons against Thomas KETTLE for the balance due to him for a horse sold & delivered to John SMITH and which Thomas KETTLE agreed to pay £1. – Granted. Henry BAXTER applied for a subpoena for William RIPPIN [or RIPPON] in the case BAXTER v. KETTLE No 14 - Granted. December 21 Henry MITCHELL applied for a summons against Joseph SCOTT for goods sold & delivered £2.8.11 - Granted. Henry MITCHELL applied for a summons against Joseph SCOTT for money lent £8.1.1. - Granted. December 23 Michael GLASSON applied for a summons against John EGAN for balance due of goods sold & delivered - £1.19.0 - Granted. December 30 Donald CAMERON applied for a summons against John McKINNON for the value of a Bullock sold & delivered in or about the month of October 1848. - £4.0.0 - Granted.

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Page 7a 1850 December 30 David HARKER applied for a summons against Joseph CLARKE for goods sold and delivered in the months of September, October, November and December 1849, and in & about the month of January 1850. - £5.19.6 - Granted

Jas. S. FARRER Registrar

December 30 David HARKER applied for a summons against Joseph CLARKE for money lent in or about the month of October, 1849 - 10/- - Granted


December 30 David HARKER applied for a summons against Joseph CLARKE for Horse Service in or about the month of October, 1849 - £2.2.0. - Granted


1851 January 8 John WILLIAMS applied for a defence in the case of BAXTER v. WILLIAMS. And filed the same on account of a sum of £2.10.0 – due from BAXTER to WILLIAMS. Granted.


January 9 John EGAN applied for Defence against Michael GLEESON - in the case of GLEESON v. EGAN on account of a sum of Thirteen Pounds due from the said Michael GLEESON to the said John EGAN - Granted.


January 7 Joshua CLARKE applied for a Defence against David HARKER for the sum of £15.18.6 – due from the said David HARKER to the said Joshua CLARKE - Granted.

Jas. S. FARRER

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Registrar

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Page 7b 1851 January 11 John McKINNON applied for a Defence against Donald CAMERON on account of a sum of £5.0.0 as Balance due of Agistment & Depasturing of the sued Donald CAMERON’s cattle on the Ground of Messrs McKINNON & McNICOL - Granted.


End of January Sittings 1851.

Applications for Summons at

April Sittings 1851

March 15 Charles PRIGG applied for a Summons against Phillip BRUM [or BRUMM] to recover a Bullock unlawfully detained by him in the value thereof being £4.0.0 Sterling. - Granted


March 25 Phillip BRUM [or BRUMM] applied for a summons against George NEW for the sum of £1.8.3. Sterling for goods sold and delivered to him between 1st December 1850 and the 28th of February 1851 – Granted.


March 28 Charles PRIGG applied for a Summons against Phillip BRUM [or BRUMM] for the sum of £1.0.0. Sterling. For the work and labour performed by a Bullock belonging to the said Charles PRIGG and which the said Phillip BRUM [or BRUMM] unlawfully detained at the Rate of 4/- per week from the 19th of February to the 26th March, 1851. - Granted.


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Page 8a 1851 March 28 James BLACKWELL applied for a Summons against Charles MACKDONNEL for the sum of £1.5.2 Sterling. For Beef Mutton and Suet sold and delivered during the period from the 17th of May to the 29th of June 1850. - Granted.


Joshua CLARK applied for a summons against David HARKER for a sum of £10.0.0. for various things. Not Granted as he would not furnish the requisite Bill.


Joshua CLARK applied for a Summons against David HARKER for a sum of £5.18.6. for various goods. Said who sold and delivered - Not Granted. On his neglecting to furnish me with the Requisite Information or Bill.


March 31 David HARKER applied for a Summons against Charles HENRY for £6.0.0 for stabling of 3 horses from 30th May to the 3rd of February 1851 - Granted.


David HARKER applied for a Summons against Charles HENRY for £2.0.0 for him & his servant for Board and lodging from the 20th January to the 3rd of February 1851 - Granted


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Page 8b 1851 March 31 Phillip BRUM [or BRUMM] applied for a subpoena for Charles STEWART in Case No 2. Granted


Charles PRIGG applied for a subpoena for John McCAIG in Case – No 1. Granted.


April 10 Defences were filed in Case Nos. 1 & 2


Monday – 14th April, 1851 Present

John CALVERT Esquire

No 1 April 14 This was a case of Charles PRIGG Plaintiff and Phillip BRUM [or BRUMM] Defendant – The Plaintiff sought to recover a Bullock or the Value the cost £4.0.0 - Case was – dismissed. With a Recommendation from the Bench for the future to furnish Written Agreement in such transactions

No 2

Phillip BRUM [or BRUMM] v. George NEW. This was a Bill for Bread, Wood and Water sold and delivered. Verdict for the Plaintiff and Costs.

No 3

Charles PRIGG v. Phillip BRUM [or BRUMM]. This case for Work of a Bullock and was dismissed

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Page 9a 1851 April 14

No 4

BLACKWELL v. Charles MACDONNELL. There was no appearance of Plaintiff or Defendant - Non suit -

No 5

HARKER v. HENRY There was no appearance - non suit

No 6

HARKER v HENRY No appearance - Non suit. This ended the proceedings of the Court – for the April Sittings


14th July 1851 Sittings

June 1

No 1

Sarah COCKRANE applied for a Summons against William NICHOLS for goods sold and delivered to the said William NICHOLS from July 1850 to January 1851 amounting to £1.5.0 – Granted.


June 9

No 2

William NICHOLS applied for a Summons against John WEBB for the value of an order £10.0.0 drawn by John WEBB on Hugh MURRAY Esquire and dishonoured dated 21st of May 1851. - Granted


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Page 9b 1851 June 11

No 3

William BOXHALL applied for a Summons against Charles PRIGG for Goods Sold and delivered at periods between the 7th of August, 1850 and the 18th of April 1851 – amounting to £2.0.0 Sterling. Granted


June 16

No 4

Michael LYONS applied for a Summons against Peter COCKRANE in favour of an order drawn by the said Peter COCKRANE on David HARKER for £4.10.0 Sterling and dated the 7th day of March, 1851. Granted


June 27

No 5

James BLACKWELL applied for a Summons against James TREFFORD for Butcher Meat, Candles, suet etc. sold and delivered between the 24th of April and the 20th of July, 1851. Granted - £5.7.9.


June 27

No 6

Samuel SYMON applied for a Summons against William BEAT for Charcoal sold and delivered from the 22nd April to the 28th of April, 1851 - Granted - £8.0.0.


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Page 10a 1851 June 28

No 7

William WALSH applied through his Attorney Henry Tahna BOURNE for a Summons against James HILLS for goods sold and delivered during the years 1850 & 1851 – amounting to £8.8.3. Sterling. Granted.


No 8

John WILLIAMS applied through his Attorney Henry Tahna BOURNE for a Summons against Henry PRICE for Goods sold and delivered and for work and labour performed during the Month of September 1850 – amounting to £8.12.2. – Sterling - Granted


No 9

Henry Tahna BOURNE applied on behalf of himself for a Summons against Henry HAYWOOD for work & labour in Issuing a Summons in Supreme Court on behalf of H HAYWOOD against Joseph Gardiner MACK during the Month of March 1851 - amounting to £3.3.0 – Sterling - Granted.


No 10

Henry Tahna applied as Attorney for Plaintiff John WILLIAMS for a Summons against John HANSON for Work and labour done and money paid during [continued]

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Page 10b 1851 June 28 [continued] the Months of December, February and May last amounting to £5.8.0. Sterling. Granted -


No 11

Henry Tahna BOURNE applied on behalf of Robert STODART for a Summons against Charles PRIGG – for Hire of Bullocks and Ploughing performed in or about the Months of January and February last – amounting to £8.0.0. Sterling. Granted.


No 12

Henry Tahna BOURNE applied on behalf of John LATTA for a Summons against John LANE for an Order dated 4th June 1851drawn on Mr Peter McARTHUR for £4.12.0 Sterling and dishonoured. Granted.


No 13

Henry Tahna BOURNE applied for a Summons against John GIBB for balance of work and labour performed during the Month of March 1851. Amounting to £3.0.0. Sterling Granted


No 14

Henry Tahna BOURNE applied for a [continued]

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Page 11a 1851 June 28 [continued] summons against William WALSH on behalf of Peter SMITH for a Balance of amount received by the said William WALSH during the Month of June 1851 – amounting to £6.8.0 Sterling - Granted.


No 15

Thomas HILL applied for a Summons against (through his Attorney Henry Tahna BOURNE) Thomas JORDAN for Principal and Interest due on a Promissory Note during the Month of September 1850 – Amounting to £5.19.2 - Granted. –


No 16

Henry Tahna BOURNE applied on behalf of Phillip BRUM [or BRUMM] for a Summons against John WILLIAMS for Bread, Rent Board & Lodging on or about the Months of April and June 1851. Amounting to £5.6.8. Granted.


June 30

(No 16)

John WILLIAMS applied for a Defence 1st Because the said Phillip BRUM [or BRUMM] had imposed 4/- extra on the rent without giving due notice thereof. 2nd. Because Phillip BRUM [or BRUMM] did [continued]

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Page 11b 1851 June 30 [continued] unlawfully detain my tools for the space of three days truly occasioning me great loss of time and money. 3rd. because the said Phillip BRUM [or BRUMM] is indebted to me in the sum of £3.13.0


July 2

(No 7)

James HILLS applied for a Defence against William WALSH. No Bill – case settled.


July 5

(No 14)

William WALSH applied for a Defence on off set against Peter SMITH on the Grounds that the said Peter SMITH is indebted to him in the sum of £10.8.1. instead of £4.2.0 as represented by said Peter SMITH in his Plaint. In side column Copy of Bill attached to Defence


No 8

Henry PRICE applied for a Defence against John WILLIAMS, on the Grounds following viz. 1st. In January last the Plaintiff promised me 10/- for attending Court in case BAXTER v. WILLIAMS. - 2nd. Because I gave the Plaintiff last March an Order for £7. On Mr David HARKER which order the said Plaintiff accepted as part payment of his account. 3rd. That the Bed Stead charged for in his account £1.5.0 [continued]

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Page 12a 1851 July 5 [continued] was to have been made with a Head Board, Foot Board and Top - instead of which the said Bedstead has neither Head Board, Foot Board nor Top. - Granted


July 7

No 11

Charles PRIGG applied for Defence against Robert STODART. 1st Because during the periods stated I was working for Mr WELLS and never had the Bullocks mentioned in the Bill attached to the Plaint. 2nd Because I was working 12 days about the month of March at 3/- per day. 3rd. to sowing ten acres at 1/- per acre 10.0. 4th. 4 days labour of my servant John PINK at 3/- per diem - Granted -


In side Column same date Charles PRIGG applied for Defence in No 3 as he had no dealings with the Plaintiff as described in the Plaint. Charles PRIGG applied for 2 Subpoenas Granted


July 8

No 15

Thomas JORDAN applied for a Defence against Thomas HILL on the grounds 1st. That the said Thomas HILL is indebted to me in the sum of £1.6.0 Sterling for work and labour performed by his wife Mary JORDAN. 2nd. That the said Thomas HILL has made no application to the said Thomas JORDAN for payment of the said Promissory Note - Granted -


No 10

John HANSON applied for a Defence against John WILLIAMS that the said John WILLIAMS is indebted to John HANSON in the sum of £3.8.9 – for goods sold and delivered - Granted.

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Page 12b 1851 July 9 Henry Tahna BOURNE on behalf of his client applied for Subpoena. - Granted. James BLACKWELL applied for Subpoena. Granted

No 5

James TREFFORD applied for Defence against James BLACKWELL because the said James BLACKWELL is indebted to him in the sum of for two days and a half hire of Horse and Dray during the Month of May Last. - Granted.

No 13

John GIBB applied for a Defence against Henry Tahna BOURNE that the said John GIBB is not indebted to the said Plaintiff – but that what he agreed with the said Plaintiff he paid him at the time of the trial. - Granted.


July 10

No 6

William BEAT applied for a Defence against Samuel SYMONS because the said Samuel SYMONS had only sold him 264 bushels instead 320 as mentioned in the Plaintiffs Bill – Granted. and for a Subpoena also - Granted.


No 4

Michael LYONS applied for 2 Subpoenas - Granted.


July 11

No 2

Henry Tahna BOURNE filed a Defence on the part of John WEBB. 1ST. Because Defendant never gave an Order for £10 on Hugh MURRAY Esq. - 2nd That the order in question was never delivered to Plaintiff [continued]

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Page 13a 1851 July 11 [continued] or to Plaintiffs use. 3rd. That Plaintiff is indebted to Defendant £7.8.0. as specified in Bill of Plaint & Particulars. The said Henry Tahna BOURNE also applied for a Subpoena - Granted


Monday – 14th July, 1851

Present John CALVERT & Alexander DENNIS Esquires.

No 1 COCKRANE v. NICHOLS - there was no appearance in this case. No 2 NICHOLS v. WEBB - Case of on a Order for £11.- £1 having been given up by Plaintiff - Verdict for Judgment for Plaintiff with costs. No 3 BOXHALL v. PRIGG - No appearance No 4 LYONS v. COCKRANE - Judgment for Plaintiff and costs – the sum sued for was on an Order for £4.10.0. No 5 BLACKWELL v TREFFORD. Case of Goods sold and delivered amounting £5.7.9. Offset allowed 5/- - Plaintiff & Costs. No 6 SYMONS v. BEAT - No appearance No 7 WALSH v HILLS - No appearance No 8 WILLIAMS v. PRICE - for goods sold and delivered - Offset allowed Judgment for Defendant £2.10.0 with costs. No 9 BOURNE V HEYWOOD - No appearance

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Page 13b 1851 July 14 No 10 WILLIAMS v, HANSON – Goods sold and delivered £5.8.0 - Setoff - £3.8.9. – proved – Judgment for Plaintiff £1.19.3 & costs. No 11 STODART v. PRIGG - Case dismissed. No 12 LATTA v. LANE - No appearance. No 13 BOURNE v. GIBB - adjourned to the 30th July – to allow – BOURNE since decd. To appear by his brother. No 14 SMITH v. WALSH - No appearance No 15 HILL v JORDAN - Promissory Note and Interest £5.19.2 - offset admitted by Plaintiff £1.6.0 – Judgment for Plaintiff £4.10.0 & costs. No 16 BRUM [or BRUMM] v. WILLIAMS - Case of Goods sold and delivered to the amount of £5.6.8. – Offset proved - £3.13.0 . Plaintiff £1.19.8 and costs.


Special Court of Request 30th July, 1851 Present

Hugh MURRAY & Alex. DENNIS

An adjourned Case - BOURNE v. GIBB. No appearance - No suit entered accordingly.


October Sittings. 1851

1851 August 23 No 1 Phillip BRUM [or BRUMM] applied for a Summons against Lachlan DOWLING for Bread sold and delivered from December 1850 to June 1851 - Granted -


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Page 14a 1851 September 4 No 2 Sarah COCKRANE applied for a Summons against William NICHOLS for money due on a Promissory Note drawn by him in favour of her – about the Month of July 1851. Granted £1.10.0. No 3 Richard Morras McCUTCHEON applied for a Summons against James TREFFORD for money due on Work Labour performed by Plaintiff about the month of July for Defendant. - Granted - £10.0.0


No 3 Richard Morras McCUTCHEON applied for a Subpoena for William REAY. Granted.


September 16 No 4 R. ROBINSON applied by his Agent Duncan McANDREW for a Summons against Henry BECK for goods sold and delivered between 22nd March and 23rd July, 1851. Granted. £9.12.7


September 19 No 5 Thomas BUTCHER applied for a Summons against Henry PRICE for butter - sold and delivered by Thomas BUTCHER amounting to £1.7.3. during about the Months of January, February, March, April and May. Thomas BUTCHER applied for a Subpoena for Henry PRICE - Granted. £1.7.3


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Page 14b 1851 September 19

(2)

Sarah COCKRANE applied for a Subpoena for Henry SMITH - Granted.


September 22

(6)

William KETTLETY applied for a Summons against A.O. HILL for £33.0.0. for Boots, Shoes, Slippers and Straps, sold and delivered by the said William KETTLETY to the said A.O. HILL in about the period from 1st of April to the 30th of August 1851. - Granted.


September 24

(7)

Michael LYONS applied for a Summons against M.W. BOURNE for board Lodging Stabling and Funeral Expenses of his brother Henry Tahna BOURNE amounting to £9.19.0 during the Month of June last - Granted.


September 27

(8)

James BLACKWELL applied for a Summons against A.O. HILL for Butcher Meat sold and delivered during the months of July and August 1851 – amounting to £2.6.9½. Granted.


(9)

Duncan McANDREW on behalf of Robert ROBINSON applied for a Summons for A.O. HILL for Balance of account - 12/3

(10)

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Duncan McANDREW applied for a Summons on behalf of R. ROBINSON for an Order £1.13.0 drawn by the said A. O. HILL on Mr NEW in favour of the said Duncan McANDREW as aforesaid dated June 9th 1851 - Granted


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Page 15a 1851 September 27

No 11

Duncan McANDREW applied for a Summons against A.O.HILL for an Order drawn by him on one Mr. GAMBALL payable to said Duncan McANDREW and dated June 9th 1851 12/6 – Granted.


No 12

Duncan McANDREW applied for a Summons against A.O. HILL for an order drawn by him on one Mr PRICE £1.0.0 payable to said Duncan McANDREW and dated June 9th 1851 - Granted


October 9

No 3

Mrs TREFFORD on behalf of her husband applied for Defence against Richard Morras McCUTCHEON on the ground that she had paid the said McCUTCHEON £8.0.0 in September last - Granted.


Monday the 13th day of October, 1851 Present

Hugh MURRAY Esquire. No 1 BRUM [or BRUMM] v. DOWLING - the Plaintiff was nonsuited – No 2 COCKRANE v. NICHOLS - the Plaintiff was nonsuited. No 3 McCUTCHEON v TREFFORD - this case was adjourned as requiring two Magistrates

32


Page 15b 1851 October 13 No 4 McANDREW v. BECK - this case was adjourned – requiring two Magistrates No 5 BUTCHER v. PRICE - Palintiff was nonsuited. No 6 KETTLETY v. HILL - Nonsuit. No 7 LYONS v. BOURNE - adjourned, requiring two Majistrates. No 8 BLACKWELL v. HILL - Judgment for Plaintiff and Costs. No 9 ROBINSON v. HILL - Judgment for Plaintiff and Costs No 10 ROBINSON v. HILL - Judgment for Plaintiff and Costs. No 11 ROBINSON v. HILL - Judgment for Plaintiff and Costs. No 12 ROBINSON v. HILL - Judgment for Plaintiff and Costs.


Tuesday the 14th October, 1851

Present Hugh MURRAY & Alexander DENNIS Esquires

No 3 McCUTCHEON v. TREFFORD - an adjourned case - Nonsuit. No 4 ROBINSON v. BECK - an adjourned Case Nonsuit. No 7 LYONS v. BOURNE - Judgment for Plaintiff and Costs


Duncan McANDREW applied for an execution on A.O.HILL on affidavit of defeating the Court nisi - Granted


33


Page 16a

January Sittings.

1851 October 22

(1)

Sarah COCKRANE applied for a Summons against William NICHOLS for an Order drawn by said NICHOLS in favour of said S.COCKRANE.

(1)

Sarah COCKRANE applied for a Subpoena for Henry SMITH - Granted


November 17

(2)

Sarah COCKRANE applied for a Summons against John HANSON for keeping a Cart belonging to the said Sarah COCKRANE and hired of the said Sarah COCKRANE for 3 days for the consideration of £2.0.0 Sterling. Which cart the said John HANSON kept for 6 days – she therefore has demanded of the said John HANSON the sum of £2.0.0 for the three days detention. Granted.


November 23

(3)

Sarah COCKRANE applied for a Summons against Thomas RYMER for the value of a mare sold and delivered to him on or about the Month of July last. £9.0.0 - Granted


(4)

Sarah COCKRANE applied for a Summons against Thomas RYMER for the value of 3 cwt. weight of Potatoes sold and delivered about the Month of July last – value £1.1.0 - Granted


(5)

34


Sarah COCKRANE applied for a Summons against Thomas RYMER for 8 weeks loss [continued]

35


Page 16b 1851 November 23 [continued] of time occasioned by the unlawful detention of her dray by the said RYMER from the 23rd September to the 18th November at £1.5.0. amount £10.0.0. Granted.


December 20

(6)

Thomas RYMER applied for a Summons against Peter COCKRANE for value of goods sold and delivered £1.5.0. in or about the months of August and September 1851 - Granted


December 26

(7)

James BLACKWELL applied for a Summons against GAMBOL for goods sold and delivered during the Months of August and September 1851 amounting to £1.16.9½ - Granted.


(8)

James BLACKWELL applied for a Summons against Timothy O’ROURKE for goods sold and delivered during the months of July and August, 1851. - Granted


(9)

William DOWSLEY on behalf of Frederic CHAMPION applied for a Summons against Peter COCKRANE for the value of an order purporting to be drawn by one Ewen CAMERON on John CALDER in favour of James WHITE bearer - which order is for [continued]

36


Page 17a 1851 December 26 [continued] £10.9.2. the said Wm. DOWSLEY consenting to waive the 9/2 now sues for £10.0.0 Sterling – Granted.


(10)

William DOWSLEY on behalf of Frederic CHAMPION applied for a Summons against John McCAIG for a Balance of account of some Hay delivered into the Charge of the said John McCAIG then being Agent to the said Frederic CHAMPION by Frederic Charles WELLS to be placed to the account of the said Frederic CHAMPION and amounting to the value of £15.0.0 in or about the month of December 1850 which Balance the said John McCAIG has refused to pay. Granted.


1852 January 8

(No 7) GAMBOL applied for a Defence against James BLACKWELL – on the grounds that he never bought any meat of James BLACKWELL during the period mentioned in the Bill - Granted


January 9

No 10

John McCAIG applied for a Defence against Frederic CHAMPION for on the grounds that the hay as alleged to have been damaged was used for his own purposes - Granted.


No 9

Peter COCKRANE applied for a Defence against Frederic CHAMPION on the ground that he never saw the order or passed it - Granted.


37


38


Page 17b 1851 December 9 [or January 9, 1852?]

No 8.

Timothy O’ROURKE applied for a defence against James BLACKWELL on the ground that John BELLUS received ½ of the meat charged in the Bill annexed to the Plaint. Granted


Monday 12th January, 1852

Present Hugh MURRAY & John CALVERT Esquires.

No 1

No appearance of Defendant – Verdict for the Plaintiff & Costs.

No 2

No appearance of Defendant, Verdict for the Plaintiff & Costs.

No 3, 4, 5, 6

With drawn.

No 7

Case proved - Verdict for Plaintiff & Costs

No 8

Case proved - Verdict for Plaintiff & Costs.

No 9

Case not proved - Verdict for Defendant & Costs.

No 10

Case not proved - Verdict for Defendant & Costs. This ended the business of the Court.


Executions issued in Nos. 1 & 2 of January Sittings 1852.

Jas. S. FARRER

39


Registrar

40


Page 18a 1852

April Sittings

January 30

No 1

Thomas LARKINS applied for a Summons against Peter COCKRANE for a sum of £1.12.0 For 1 days hire of Horse 12/- For 1 days work of a man 10/- For 1 days work of himself 10/- In or about the month of October 1851. Granted


Thomas LARKINS also applied for a Subpoena for Thomas RICKHUSS. Granted


March 1

No 2

Dr. Thomas Davy SCOTT applied for a Summons against Charles MERION [or MERRIN] for Medical Attendance on him in or about the Month of December 1852 for £3.0.0 - Granted


March 6

No 3

Stephen FITZGERALD applied for a Summons against James DUNN for Cash Lent on or about the 1st of April 1849 amounting to £7.10.0 About the 6th of August 1849 1 Bag of Flour £1.15.0 and Lace £9. 5.0 Granted

(4)

Stephen FITZGERALD applied for a Summons against James DUNN for Work and labour at 7 weeks Fencing at 10/- per week in or about the period from 6th August to 24th September, 1849. Amounting to £3.10.0 Granted.

41


Page 18b 1852 March 6

(5)

Stephen FITZGERALD applied for a Summons against James DUNN for One pair of Boots of the value of 13/- and One Hat of the value of 10/- = £1.3.0. paid for in or about the month of July 1850. Granted.

(6)

Stephen FITZGERALD applied for a Summons against James DUNN for 3 weeks work and labour performed by him for James DUNN from about the 17th July to September 1851 at 10/- per week amounting to £1.10.0 Granted


Stephen FITZGERALD applied for 2 Subpoenas in No 3 One Subpoena in No 4 and One Subpoena in No 6. Granted


(7)

Dr. Thomas Davy SCOTT applied for a Summons against John GIBB for £2.10.0 for Medical Attendance on yourself and child, about the Month of November 1851. Granted


March 25

(8)

James CALCOTT applied for a Summons for Michael GLEESON for Damages sustained to his wheat by reason of trespass of cattle belonging to Michael GLEESON in or about November 1851 - Granted £1.3.6


42


Page 19a 1852 March 26

(9)

Charles PRIGG applied for a Summons against Frederic Charles WELLS for Damage by Fire in or about March 1852 to sundry Slabs, Rafters, Batons Bark Paling & Post & Rail the property of the said Charles PRIGG as also four expenses attending the employment of four men in extinguishing the said Fire in all amounting to £10.0.0. Granted.


Charles PRIGG applied for two Subpoenas for William HELT and William WELFORD in the above case. Granted


March 27

(10)

Dr. Thomas Davy SCOTT applied for a Summons against Richard PARSONS for Medical Attendance in him in or about the Month of December, 1851, amounting to £1.10.0. Granted


(11)

Dr. Thomas Davy SCOTT applied for a Summons against James TREFFORD for Medical Attendance on his child about the Month of November amounting to £1.1.0 Granted


(12)

Dr. Thomas Davy SCOTT applied for a Summons against Charles PRIGG for Medical Attendance on himself and child in or about the month of February and March 1852. Amounting to £2.2.0. - Granted


43


Page 19b 1852 March 27

(13)

William KETTLETY applied for a Summons against John ROW for 14/- for a pair of Boots made in or about the Month of August 1851. Granted.


April 6

(8)

James CALCOTT applied for a Subpoena for Thomas RICKHUSS. Granted


April 7

(8)

Michael GLEESON applied for a Subpoena for Thomas McCARTHY. Also for a Defence against James CALCOTT on the ground that he does not owe him the sum mentioned. Granted


April 8

(9)

Frederic Charles WELLS applied for a Defence against Charles PRIGG on the Ground that he does not owe him the sum sued for. Granted -


(9)

Frederic Charles WELLS applied for a Subpoena Alexander McKAY. Granted -


Frederic Charles WELLS also applied for a Subpoena for Michael LYONS Granted

Jas. S. FARRER

44


Registrar

45


Page 20a

Monday the 12th April, 1852 Present

D. E. STODART Esquire.

(1)

Nonsuit.

(2)

Nonsuit

(3)

Nonsuit

(4)

Nonsuit

(5)

Nonsuit

(6)

Nonsuit

(7)

Settled out of court

(8)

Verdict for the Plaintiff & Costs. No appearance of Defendant

(9) Nonsuit

(10)

Settled – out of court.

(11)

Nonsuit

(12)

Settled out of Court.

(13)

46


Settled out of Court. This concluded the business of the Session


47


Page 20b

July Sittings 1852

June 7

(1)

Charles BEAL applied by his Agent John McCAIG for a Summons against Thomas ORCHARD for £10.0.0 as alleged damages sustained by the said Charles BEAL on account of the said Thomas ORCHARD not fulfilling his contract in carting Goods from Geelong. - Granted


12th July, 1852

Present No Bench (and no appearance of Plaintiff or Defendant).

October Sittings, 1852

No Business

Jas. S. FARRER

Registrar

January Sittings, 1853

1852 October 19 Dr I RULE applied for a Summons against John EGAN for Medical Attendance in September 1852 - Granted


This entry has “No Appearance” written across it.

48


Page 21a July Sittings 1853

1853 June 25

(No 1)

Humphrey HEARN [or HEARNE] applied for a Summons against Thomas GAMBLE for carting Wool amounting to £7.10.0. - Granted


(No 2)

John McGONIGAL applied for a summons against Charles HENRY for Goods sold and delivered in 1850 - £5.18.6. Granted


July 1

No 1

Defendant in this case applied and filed Defence on the Ground that he did not owe sum mentioned


In the Court of Requests

11th July, 1853. Present

Hugh MURRAY & John CALVERT Esquires.

No 1 Adjourned - No 2 Verdict for Plaintiff with Costs No 1 Adjourned - Verdict for Plaintiff.

49


Page 21b 1853

October Sittings 1853.

August 17 No 1 William JOHNSTONE applied for a Summons against James WOOD for carting from Geelong in the Month of August 1853. To the Amount of £3.13.8. - Granted


No. 2 John McCAIG Senior applied for a Summons against John BATCHELOR for £9.0.0. - Balance of payment made by said Plaintiff to said Defendant. - Granted.


September 24 No 3 Thomas COLLINS applied for a Summons against Donald CAMERON for Four Pounds for a Bag of Flour, sold and delivered by said Thomas COLLINS to said Donald CAMERON in or about March 1851. - Granted


No 4 John CONNOR applied for a Summons against John GIBB for Goods sold and delivered about the Months of May & June [continued]

50


Page 22a 1853 September 24 [continued] Value £2.16.0. - Granted


No 5 John CONNOR applied for a Summons against Thomas HILL for goods sold and delivered in the period from March to June, 1853 £8.19.5. - Granted


No 6 John CONNOR applied for a Summons against John GIBB for Balance pf account rendered. - £6.12.11. - Granted


No 7 John CONNOR as Agent to Frederic CHAMPION applied for a summons against Lachlan DOWLING for Goods sold and delivered in November, 1851 June, July, August & September 1852. - Granted.


No 8 John CONNOR applied for a Summons against Thomas GAMBLE for Goods sold and delivered from April to July, 1853. £10.0.0. - Granted.


No 9 David HARKER applied for a Summons against William RAE for a Note of hand dated 30th July, 1851 for £8.13.0 - Granted


No 10

51


David HARKER applied for a Summons against William RAE for a Promissory Note [continued]

52


Page 22b 1853 September 24 [continued] dated 9th September, 1851. For £6.0.0. - Granted


September 24 No 11 David HARKER applied for a Summons against William RAE for £5.15.0 on a Promissory Note dated 9th September, 1851. - Granted


No 12 John McGONIGAL applied for a Summons against Moses AARON for Balance of account due - £3.15.7. - Granted


October 1 No 2 John BATCHELOR applied for a Defence against Plaintiff in the case on the Grounds of “Nil Debit”. - Granted


October 7 No 3 Donald CAMERON by his Attorney Mr Edward DOYLE applied for a Set Off against Plaintiff to the Amount of £5.10.0. - Granted


53


Page 23a

In the Court of Requests.

District of Colac.

Monday 10th October 1853.

Present

Alexr. DENNIS Esquire.

No. 1 William JOHNSTONE v James WOODS.

No. 3 Thomas COLLINS v Donald CAMERON. Dismissed.

No. 4 John CONNOR v John GIBB. Verdict for Plaintiff with costs.

No. 5 John CONNOR v Thomas HILL. Settled out of Court.

No. 6 John CONNOR & F CHAMPION v John GIBB. Verdict for Plaintiff and costs.

No. 7 John CONNOR v Lachlan DOWLING. Settled.

No. 8 John CONNOR v Thomas GAMBLE. Verdict for Plaintiff.

No. 9, 10 & 11 HARKER v RAE. Settled.

No. 12 McGONIGAL v AARON. Summons not served.


54


Page 23b

Summary Sittings. 1854.

John GIBB applied for a summons against David RICE for washing done for Mrs. RICE, wife to said David RICE by Mrs. GIBB, wife of Plaintiff during the months of October and November 1853 amounting to £3.13.6.

Settled.

Granted.


April Sittings 1854.

No. 1 John CONNOR applied for a summons against Mr. Frederic CASTLES for goods sold and delivered from October 25th inclusive to 12th November 1853. £7.5.11.

Granted.


No. 2 John BATCHELOR applied for a summons against Mrs. PARSONS for goods sold and delivered from June 2nd 1853 to July 2nd 1853.

Granted.


Both the above cases were settled out of Court.

No sittings.


July Sittings 1854.

No Court, No Business.


55


Page 24a

October Sittings. 1854.

1854

September 20

No. 1 John McGONIGAL applied for a summons against Charles GOODHALL for Nine Pounds, three shillings and ten pence, £9.3.10 – being balance of account rendered.

Granted.


September 22

No. 2 John BATCHELOR applied for a summons against William WALTON for two Pounds, fifteen shillings and nine pence, £2.15.9 being amount of account rendered.

Granted.


October 6

No. 1 Charles GOODHALL applied for defence against John McGONIGAL because Defendant does not owe the sum mentioned or any part thereof.

Granted.


Monday 9th October 1854,

Present

Hugh MURRAY Esquire.

No. 1 McGONICAL v GOODHALL. Goods sold and delivered for £8.16.4, tried before one magistrate with common consent.

Verdict for Plaintiff with costs.

No. 2 BATCHELOR v WALTON. No appearance. £2.15.9.

This concluded the business.


56


57


Page 24b

January Sittings. 1855.

1854

December 18

No. 1 William DOWSLEY applied for a summons against Thomas GAMBLE for £8.12.10 for balance of goods sold and delivered, bill tendered.

Granted.


No. 2 William DOWSLEY applied for a summons against Humphrey HEARN [or HEARNE] for £2.0.0 for a pair of boots sold and delivered in May 1854.

Granted.


No. 3 William DOWSLEY applied for a summons against Mrs. BURNIP for £2.18.0 for balance of account & c.

Granted.


No. 4 William DOWSLEY applied for a summons against John CHAPMAN for £1.15.6 for goods sold and delivered in 1854.

Granted.


No. 5 William DOWSLEY applied for a summons against Thomas LARKINS for £5.12.8 for goods sold and delivered in 1854.

Granted.


No. 6 William DOWSLEY applied for a summons against Robert LUCAS for £9.18.3 for goods sold and delivered in 1854.

Granted.


No. 7 William DOWSLEY applied for a summons against James WOODS for £9.4.2 for goods sold and delivered in 1854.

Granted.

58



No. 8 William DOWSLEY applied for a summons against Samuel BELLAMY for £3.15.0 for goods sold and delivered in 1854.

Granted.


59


Page 25a

January Sittings 1855.

1854

December 18

No. 9 William DOWSLEY applied for a summons against Thomas KING for £6.7.5 for goods sold and delivered in 1854.

Granted.


December 20

No. 10 John BATCHELOR applied for a summons against Thomas GAMBLE for £4.7.0 for meat sold and delivered in 1854.

Granted.


December 23

No. 11 John BATCHELOR applied for a summons against Mrs. ARMYTAGE of Butcher St. for £6.17.3 for goods sold and delivered in 1854.

Granted.


No. 12 John CONNOR applied for a summons against Hugh Grant McDONALD for £10 for ninety six bushels of lime owing by said H. G. McDONALD to said John CONNOR and the said debt contracted in one box December 1854.

No. 13 John CONNOR applied for a summons against Samuel BELLAMY for £10.0.0 for by said John CONNOR to said Samuel BELLAMY in about December 1854.

Granted.


60


Page 25b Monday 8th January 1855.

Present


No. 1 Verdict for Plaintiff and costs.

No. 2 Settled before Court.

No. 3 Verdict for Plaintiff.


No. 5 Verdict for Plaintiff with costs.


No. 7 Verdict for Defendant.



No. 10 Settled.

No. 11 Settled.

No. 12 Verdict for Plaintiff £8.10.0 with costs.



April 1855.

No business, no Court.


July Sittings 1855

1855

June 23

No. 1 John CONNOR of Colac, applied for a summons against Thomas LARKINS of the same place for amount of account rendered and pair of boots – in all £10.0.0 in September and December 1854.

Granted.

61



62


Page 26a 1855

June 23

No. 2 John CONNOR of Colac applied for a summons against William NEEDHAM of same place for goods sold and delivered to him in period from September to December 1854 inclusive. £8.11.7.

Granted.


No. 3 John CONNOR of Colac applied for a summons against John SELL for goods sold and delivered in or about August and September 1854. £6.14.8.

Granted.


No. 4 John CONNOR of Colac applied for a summons against William WALFORD of the same place for goods sold and delivered in July and August 1854. £9.1.0.

Granted.


No. 5 John McGONIGAL of Colac applied for a summons against Robert LUCAS of the same place for balance of account rendered for goods in May and June 1854 £9.0.0.

Granted.


No. 6 John CONNOR of Colac applied for a summons against James HILLS of the same place for Note of Hand accepted by him at one months date drawn on 22nd January 1855.

Granted.


63


Page 26b 1855

June 23

No. 7 John CONNOR of Colac applied for a summons against Charles PRIGG of the same place for balance due on Bill of Exchange. £5.19.7.

Granted.


No. 8 Frederic CHAMPION per John CONNOR applied for a summons against Charles PRIGG for I.O.U. dated 8th August 1853. £2.14.7.

Granted.


June 25

No. 4 William WALFORD applied for an Off Set against John CONNOR for cartage done from March to August 1854. £18.10.0.

Granted.


July 4

No. 6 James HILLS filed Plea of Defence in this action “Nil debt.”


July 6

No. 5 Robert LUCAS defends in this action Off Set of £18.0.0 for work and labour done for McCAIG of the firm McCAIG & McGONIGAL.


No. 6, 7 & 8 Charles PRIGG defen former on promise of “Nil debt.” And latter on the same ground.


64


Page 27a Monday the 9th July 1855.

Present

Hugh MURRAY & Alexr. DENNIS Esquires.

No. 1 John CONNOR against Thomas LARKINS. Plaintiff sued for £10.0.0 for goods sold and delivered – no appearance of Plaintiff – verdict for Defendant with costs.

No. 2 John CONNOR v William NEEDHAM for £8.11.7. No appearance of Defendant. Verdict for Plaintiff & costs.

No. 3 John CONNOR v John SELL. Settled before Court. £6.14.8.

No. 4 John CONNOR v William WALFORD for £4.1.0. Verdict for plaintiff and costs.

No. 5 John McGONIGAL v Robert LUCAS for £9.0.0 & costs – defended £18.0.0 Off Set. Verdict £9.0.0 for Defendant.

No. 6 John CONNOR v James HILLS £2.5.0. Judgment for Plaintiff and costs.

No. 7 John CONNOR v Charles PRIGG & costs. £5.19.7. Verdict for Plaintiff & costs for £5.15.5.

No. 8 John CONNOR v Charles PRIGG. Bill or I.O.U for £2.14.7. Judgment for Plaintiff & costs.

Finis.


65


Page 27b October 1855.

1855

September 20

No. 1 Henry KENYON applied for a £7.0.0 summons for John HARTSHORN for a balance due. Bullock sold by Plaintiff’s wife to Defendant.

Granted.


No. 2 Henry KENYON applied for subpoena for James REID of Colac.

Granted.


September 22

No. 3 Henry KENYON applied for a summons against Dr. John BELL for meat bill £5.9.9.

No. 4 John CONNOR obtained a summons against Thomas RHYMER for goods sold and delivered £8.1.2.

No. 5 John CONNOR against Thomas RHYMER for £7.12.8 for balance due on goods.

No. 6 John CONNOR against Roderic McCRAE for goods £10.0.0

The above summonses all granted.


66


Page 28a 1855

September 29

No. 1 John HARTSHORN applied for a Defence and a subpoena to back it out for W. ARMYTAGE.

Granted.

Thomas RHYMER Applied for an Off Set.

Granted.


Cause List Monday the 8th October 1855.

Present


No. 1 Henry KENYON v John HARTSHORN on the mutual consent of both parties the case altho’ above £5.0.0 was heard before one Magistrate alone. £7.0.0.

In No. 2,3,4,5 & 6 there was no appearance of Plaintiff. No suit.



1855

December 14

No. 1 Samuel BELLAMY applied for a summons against Patrick BOLAN for £10.0.0 – for goods sold and delivered the prods being sawn stuff. Granted. £10.0.0


67


Page 28b 1855

December 14

No. 2 George LEEK applied for a summons against James BURNIP for £6 being the amount of a certain promissory note drawn by said James BURNIP in favour of said George LEEK and dated the 24th day of June 1855 at six weeks date and now overdue.

Granted.


No. 3 Same as above except 25th June 1855. £10.0.9 Crossed out



No. 3 George LEEK applied for a summons against James BURNIP to recover Ten Pounds being the amount of a certain promissory note at six weeks dated 25th June 1855 & drawn in favour of said George LEEK by said James BURNIP and now overdue.

Granted


No. 4 George LEEK applied for a summons against James BURNIP to recover Ten Pounds being the amount of a certain promissory note at six weeks dated 26th June 1855 and drawn in favour of the said George LEEK by the said James BURNIP and now overdue.

Granted


68


Page 29a 1855

December 14

No. 5 George LEEK applied for a summons against James BURNIP to recover Ten Pounds £10.0.0 as being the amount of a certain Promissory note at six weeks dated 27th June 1855 and drawn in favour of the said George LEEK by the same James BURNIP and now overdue.

Granted.


George LEEK applied for a subpoena for George LESLIE in cases No. 2, 3, 4 & 5.

Granted.


December 17

No. 6 Charles PRIGG applied for a summons against Henry KENYON to recover Five Pounds two shillings £5.2.0 being the amount of a certain order drawn by Hannah KENYON his wife – at sight dated 25th August 1855 on John HARTSHORN in favour of said Charles PRIGG duly presented and dishonoured by said John HARTSHORN.

Granted.


No. 7 Charles PRIGG applied for a summons £3.0.0 against John GIBB for work and labour performed in February 1855 by three men then [continued]

69


Page 29b 1855

December 17

[continued] employed by said Charles PRIGG. Labour amounting to £3.

Granted.


December 19

No. 8 John SMITH applied for a summons against Charles PRIGG for £9.0.0 which sum said Charles PRIGG is indebted to him for Split Staff furnished by said John SMITH during the year 1855.

Granted.


December 21

No. 9 John BATCHELOR of Colac applied for a summons against Mr. HOLMES of same place to recover £1.0.0 for butcher meat sold and delivered to him during the month of September 1855.

Granted.


No. 10 John BATCHELOR applied for a summons against George NEW of the same place to recover £3.18.4, balance of account rendered for butchers meat sold and delivered to him in 1854 and 1855.

Granted.


No. 11 John BATCHELOR applied for a summons against John BELL of the same place to recover £2.2.9 for butchers meat sold and delivered to him in September 1855.

Granted.


70


Page 30a 1855

December 21

No. 12 John BATCHELOR applied for a summons against William NEEDHAM of the Larpent Section to recover £3.14.7 for butchers meat sold and delivered to him from July to December 1855.

Granted.


December 29

No. 13 George BAYLIS applied for a summons against Thomas GAMBLE to recover Ten Pounds £10.0.0 for a horse cart sold and delivered to him in or about January 1854.

Granted.


No. 14 John ARELETT applied for a summons against Edward JOHNSTONE for balance of account £4.1.6 due for goods purchased in 1854.

Granted.


No. 15 John CONNOR applied for a summons against Thomas RHYMER for balance of account £7.12.8 due to John CONNOR for goods sold and delivered.

Granted.


No. 16 John CONNOR applied for a summons against Josiah CLARK to recover Two Pounds eight shillings £2.8.0 being amount due for cash and goods sold and delivered in April & June 1854.

Granted.


71


Page 30b 1855

December 29

No. 17 John CONNOR applied for a summons against Edward LLOYD of Colac to recover Four Pounds fifteen shillings and sixpence £4.15.6 for balance of account furnished.

Granted.


No. 18 John CONNOR applied for a summons against Thomas RHYMER To recover £8.1.2 account of amount furnished 1855.

Granted.


1856

January 4

No. 8 John SMITH applied for a subpoena for Samuel DUCK.

No. 1 Patrick BOLAN applied for a Defence against BELLAMY that the sawn stuff was not according to agreement.

Also for subpoena for William McGARVIE.

All these granted.


January 10

No. 17 Edward LLOYD applied for a Defence against John CONNOR on the ground of Defendant not owing the amount specified in the summons.

Granted.


72


Page 31a 1856

January 10

No. 8 Charles PRIGG applied for a Defence against John SMITH on the ground that the Defendant does not owe Plaintiff any money.

Granted.


Charles PRIGG applied for a subpoena for Jonathan ARMSTRONG.

Granted.


No. 7 John GIBB applied for a Defence against Charles PRIGG on the ground that the Plaintiff is indebted to Defendant £4.10.0.

Granted.


January 11

No. 13 Thomas GAMBLE applied for a Defence against BAYLIS on the ground that Defendant does not owe any money.

Granted.


Thomas GAMBLE applied for a subpoena for John McGONIGAL.

Granted.


Monday the 14th day of January 1856.

Present

Alexander DENNIS Esquire.

73


Page 31b 1856

January 14

No. 1 BELLAMY v BOLAN. This was an action to recover £10.0.0 for sawn stuff sold and delivered. Defendant alleged that in his defence that the stuff was not such as he intended for, but on the evidence it appeared there had been no specific agreement as to the particular quality and dimension of stuff and the verdict for the amount of the stuff £9.6.8 was awarded to Plaintiff.

No. 2 LEEK v BURNIP. Nonsuit.




No. 6 PRIGG v KENYON. Case not defended. Verdict for Plaintiff for £5.2.0 and costs.

No. 7 PRIGG v GIBB. Defended. Suit for £3.10.0 – Offset £4.10.0 – the evidence being conflicting on both sides. Dismissed.

No. 8 SMITH v PRIGG. This was an action to recover £9.0.0 for split stuff. Case defended, and the Magistrate decided on awarding £2.2.3 for Plaintiff.

No. 9 BATCHELOR v HOLMES. This case was not defended. Verdict for Plaintiff for £1.0.0 and costs for butchers meat sold and delivered.

74


Page 32a 1856

January 14

No. 10 BATCHELOR v NEW. Nonsuit.

No. 11 BATCHELOR v BELL. An action to recover £2.2.9 for butchers meat sold and delivered. Verdict for Plaintiff and costs.

No. 12 BATCHELOR v NEEDHAM. This was an action to recover £3.14.7 for butchers meat sold and delivered. Not defended. Verdict given in favour of Plaintiff with costs.

No. 13 BAYLIS v GAMBLE. Defended. Verdict for Plaintiff for £10.0.0 for a horse cart sold and delivered.

No. 14 ARELETT v JOHNSTONE. Nonsuit.

No. 15 CONNOR v RHYMER. Nonsuit.

No. 16 CONNOR v CLARKE. An action to recover £2.8.0 for cash and goods sold and delivered. Not defended. Verdict for Plaintiff and costs.

No. 17 CONNOR v LLOYD. Nonsuit.

No. 18 CONNOR v RHYMER. Nonsuit.

This finished the proceedings for this Sitting.

75


Page 32b 1856

NOTE. The whole of the cases were heard before one Magistrate and in those exceeding in amount £5.0.0, the Magistrate before going into them did so in the mentioned consent of Plaintiff and Defendant to have them tried before one Magistrate alone.


April Sittings. 1856.

1856

March 1

No. 1 George BROWNE applied for a summons against John BELL for potatoes sold and delivered to him amounting to £1.5.0.

Granted.


No. 2 George BROWNE applied for a summons against Francis DOYLE of Colac for cash advanced amounting to £2.10.0.

Granted.


March 13

No. 3 Mrs. REAY [or WRAY?] on behalf of her husband William REAY [or WRAY?] applied for a summons against Mrs. GARDINER to recover £7.0.0 for a side saddle lent to her in or about the 26th November 1855 and not returned.

Granted.


76


Page 33a 1856

March 19

No 4 Richard WILLIS applied for a summons against Robert LUCAS of Birregurra to recover Five Pounds seven shillings £5.7.0 being the amount of butchers meat sold and delivered to him during 1855.

Granted.


No. 5 Richard WILLIS applied for a summons against John CHAPMAN of Colac to recover a sum of Two Pounds ten shillings being a balance of account rendered for butchers meat sold and delivered.

Granted.


March 29

No. 6 Hugh MURRAY Esquire applied for a summons against Thomas HILLS of Colac for neglecting to pay to the Presbyterian Church Committee at Colac the sum of Five Pounds £5.0.0 having been duly demanded.

Granted.


No. 7 Hugh MURRAY Esquire applied for a summons against James WOODS to recover £5.0.0 which he neglected to pay to the Presbyterian Church Committee at Colac.

Granted.


77


Page 33b 1856

March 29

No. 8 Hugh MURRAY Esquire applied for a summons William ILETT to recover £2.10.0 which he had neglected to pay to the Presbyterian Church Committee although he promised to do so.

Granted.


No. 9 Hugh MURRAY Esquire applied on behalf of the Presbyterian Church Committee for a summons against William WALFORD for Two Pounds £2.0.0 which he had promised to the said committee.

Granted.


No. 10 Hugh MURRAY Esquire on behalf of the Presbyterian Church Committee applied for a summons against Thomas KETTLE for £2.0.0 an amount of subscription promised.

Granted.

Settled.


No. 11 Hugh MURRAY Esquire applied for a summons against John BATCHELOR on a certain promissory note at 31 months date – dated 3rd November 1855, not paid as agreed £9.0.0.

Granted.

Settled.


No. 12 William ARCHER applied for a summons against Francis BULLEN to recover £8.8.0 – amount of [?] paid by his order by P. W. [?]

Granted.


78


Page 34a

April Sittings.

1856

April 11

No. 1 John BELL of Colac applied for a Defence against George BROWNE as he has an account for medicine and attendance in October 1853 and January and February 1854 and as the potatoes in question were never ordered by me.

I also applied for a subpoena for John BELL my son.

Granted.


Monday 14th April 1856.

Present


N. B. Hugh MURRAY Esquire left the Bench whenever his cases were before the Court.

No. 1 BROWNE v BELL. An action brought to recover £1.5.0 for potatoes. Defended.

Verdict for Plaintiff and costs.

No. 2 BROWNE v DOYLE. An action brought to recover £2.10.0 for cash advanced by Plaintiff and costs.

No. 3 REAY [or WRAY?] v GARDINER. Settled.

No. 4 WILLIS v LUCAS. Settled.

No. 5 WILLIS v CHAPMAN. Settled.

No. 6 MURRAY v HILLS. £5.0.0 for subscription promised by Defendant putting his signature to a list for the Presbyterian Church Aid, also the following cases which were of a similar nature and for which Mr. MURRAY as Trustee acted [continued]

79


Page 34b 1856

April 14

[continued] on behalf of.

No. 7 MURRAY v WOODS. Settled.

No. 8 MURRAY v ILETT. For £2.10.0. Verdict for Plaintiff and costs.

No. 9 MURRAY v WALFORD. Settled.

No. 10 MURRAY v KETTLE. Settled.

No. 11 MURRAY v BATCHELOR. Settled.

No. 12 ARCHER v BULLEN. £8.8.0 cash advanced by Plaintiff. No verdict given as Plaintiff wished to withdraw the case.


July Sittings 1856.

1856

May 22

No. 1 Patrick BOLAN applied for a summons against Charles PRIGG for £6.19.6 amount of account for sundries as per bill – [?] to plant.

Granted.


No. 2 Patrick BOLAN applied for a summons against Charles PRIGG for balance due for a bullock sold to him in February 1855.

Granted.


June 9

G. BROWNE applied for execution in case no. 1. April Sittings 1856.

Granted.


No. 3 Mrs. GARDINER applied for a summons against Thomas WARNER to recover £7.0.0 for a saddle destroyed whilst it was lent to him by said Mrs. GARDINER.

Granted.

Jas. S. FARRER

80


Registrar

81


Page 35a July Sittings.

1856

June 11

No. 4 Mrs. WILLIAMS of Colac applied for a summons against John HARRISON of same place for £6.0.0 being balance due on a certain promissory note dated February 22nd 1855.

Granted.


June 23

No. 5 George LEEK applied for a summons against USHER of Colac to recover £8.2.3 being amount of account due for butter and potatoes sold to him in or about period from 1st September to 15th December 1855.

Granted.


No. 6 George LEEK applied for a summons against USHER to recover £2.0.0 being balance of account due up to the 18th February 1856.

Granted.


June 28

No. 7 John CONNOR applied for a summons against John BELL for balance of account due up to the 15th September 1855.

Left column £10.0.0.

Left column £13.8.9 waived.

Granted.


No. 8 John CONNOR applied for a summons against Frederic WILSON for balance of account due £4.7.5. for goods sold and delivered up to 29th February 1854 to the 28th February 1856.

Granted.


82


Page 35b 1856

June 28

No. 9 John CONNOR applied for a summons against Roderic McCRAE for £5.12.0 balance of account.

Granted.



August 26

No. 1 Arthur WEMYSS applied for a summons against Frederic WILSON for £4.6.0 being amount due to being for sundries work performed by him.

Granted.


August 30

No. 2 John WILLIS applied for a summons against William COLLIER for £8.0.0 being the balance of rent due for my grass paddock rented to him for two months at the rate of 30/- per week.


September 15

No. 3 Robert CHRISTIE applied for a summons against John GIBB for £9.3.6 being amount of my share in partnership in splitting in the forest with him about the months of February and March 1856.


83


Page 36a 1856

September 27

No. 4 John BELL applied for a summons against Charles BEAL for balance of account rendered for medical visits and being £4.12.6 in 1856.

Granted.


No. 5 John BELL applied for a summons against Malcolm WILLIAMSON for balance of account rendered in 1856 for medical attendance amounting to £3.0.0.

Granted.


No. 6 John BELL applied for a summons against John CHAPMAN for money lent and interest in May 1855 and interest up to present time in all £4.19.0.

Granted.


No. 7 John BELL against Patrick BOLAN for medical visits, advice and medicines for firm and family for two years coming 1st March 1853 and interest thereon at £5 per [?]

Side column £7.10.0.


84


Page 36b 1856

September 27

No. 8 John BELL applied for a summons against Charles McDONALD for balance of account rendered for medicines, visits and advice rendered in 1854 and 1855 £9.19.0.

Granted.


No. 9 John BELL applied for a summons against John GIBB for £8.19.6 being balance of account due for medical advice, attendance and medicines in 1854 & 1855.

Granted.


No. 10 John BELL against James SILK for medical visits, advice and medicines for £3.13.0 as per account rendered in kind from January to April 1854.3

Granted.


No. 11 John BELL against William KEMP Senr. – professional visits, advice and medicines for £5.11.6 as per account rendered for 1853, 1854 and 1855.

Granted.


85


Page 37a 1856

September 27

No. 12 Richard WILLIS applied for a summons against William BURNIP £6.6.8 for bill delivered for money due up to this time for butchers meat.

Granted.


October 3

No. 7 Patrick BOLAND applied for a Defence against John BELL for that he John BELL owes Patrick BOLAND £7.2.6.

Granted.


October 6

No. 10 James SILK applied for a Defence against John BELL with grounds of his having no right to charge for the certificate.


October 7

No. 6 John CHAPMAN applied for a Defence against John BELL on the ground that he John BELL owes him £19.10.0 being balance of account for shingles.

Granted.


John CHAPMAN applied for a subpoena for Archibald Charles CHAPMAN.

Granted.


86


Page 37b 1856

October 8

No. 1 Frederic WILSON applied for an Offset against Arthur WEMYSS amounting to £7.14.0.

Granted.


No. 9 John GIBB applied for an Offset of £7.12.6 for work.

Granted.


No. 3 John GIBB applied for a Defence against Robert CHRISTIE as he would not allow him to remove the split stuff.

Granted.


October 10

No. 2 Hugh Grant McDONALD for William COLLINS applied for Defence on ground that he holds Willis’ accounts.

Granted.


No. 8 Charles McDONALD applied for a Defence against BELL and Offset amounting to £18.5.0.

Granted.


87


Page 38a 1856

October 10

No. 11 William KEMP applied for a Defence against John BELL who owes him £2.5.10 and has charged 10/6 in his bill for vaccination not received.

Granted.


No. 12 James BURNIP on behalf of Mrs. BURNIP applied for Defence against R. WILLIS or Offset £5.3.6.

Granted.


Monday 13th October 1857 [should be 1856].

Present


No. 1 WEMYSS v WILSON. Sundries £4.6.0 – Offset £7.14.0. Defendant £3.5.6 & costs.

No. 2 WILLIS v COLLIER. Use of paddock £8. Defended. Verdict for Plaintiff & costs.

No. 3 CHRISTIE v GIBB. £9.3.6. Defended. Verdict for Defendant.

No. 4 BELL v BEAL. £4.12.6. Settled before Court.

No. 5 BELL v WILLIAMSON. Medical balance £3. Verdict for Plaintiff & costs.

No. 6 BELL v John CHAPMAN. Medical £4.14.0 Offset £19.10.0. Verdict for Plaintiff & costs.

No. 7 BELL v BOLAND. £7.10.0 Offset £7.2.6. Verdict £6.12.6 & costs for Plaintiff.

No. 8 BELL v McDONALD. Medical £9.19.6 Offset. Verdict for Plaintiff & costs.

88


Page 38b January Sittings 1857.

1856

November 12

No. 1 James AUSTIN applied for a summons against Patrick DANAHER for Five Pounds fifteen shillings £5.15.0 for fencing put up on his default after giving him due notice to put the same up.

Granted.


James AUSTIN applied for a subpoena for Joseph LONG of Colac.

Granted.


December 22

No. 2 Richard WILLIS applied for a summons against William BOTT of Colac, labourer, for butchers meat sold and delivered in 1855. 11/6.

Granted.


No. 2 Richard WILLIS applied for a subpoena in this case for Edward SMITH.

Granted.


No. 3 Richard WILLIS applied for a summons against John MOORE, farmer of Colac for £2.9.7 for butchers meat sold and delivered in or about October and November 1856.

Granted.


No. 4 Richard WILLIS applied for a summons against William GOOD of Colac for balance of account £5.2.8 for butchers meat sold and delivered in 1856.

Granted.


No. 9 BELL v GIBB. Medical. £8.19.6 Offset £7.12.6. Verdict for Plaintiff £8.9.6 & costs.

No. 10 BELL v J. SILK. Medical. £3.13.0 Offset 7/6. Verdict for Plaintiff & costs.

No. 11 BELL v W. KEMP. Medical. £5.11.6 Offset £2.15.6. Verdict for Plaintiff & costs.

89


No. 12 WILLIS v BURNIP. Meat. £6.8.0 Offset £5.3.6. Verdict for Plaintiff. £4.18.2 & costs. Boiler to be returned.


90


Page 39a 1856

October 20

No. 1 Frederic WILSON applied for an execution against the goods and chattels of WEMYSS.

Granted.



No. 5 John McGONIGAL per McCAIG & McGONIGAL applied for a summons against Moses AARON of Colac for £10.0.0 being on balance of accounts rendered.

Granted.


December 31

No. 3 John MOON applied for Defence against Richard WILLIS.

Granted.


No. 2 William BOTT applied for a Defence against Richard WILLIS on the ground nil debt.

Granted.



1857

January 6

No. 2 John WILLIS applied for an execution against W. COLLIER.


91


Page 39b 1857

January 7

Moses AARON applied for Defence against McCAIG & McGONIGAL on the ground that he Moses AARON does not owe £10.

Granted.


No. 5 Moses AARON applied for a subpoena for Francis BULLEN.

Granted.


January 9

No. 4 William GOODWOOD applied for a Defence against Richard WILLIS on the ground that he does not owe the amount specified.

Granted.


12 January 1857.

Present


No. 1 James Austin v William DANAHER – Fencing £5.15.0. Nonsuit.

No. 2 Richard WILLIS v William BOTT – Butchers meat sold and delivered 11/6. Verdict for Defendant with costs. Defended.

No. 3 Richard WILLIS v John MOORE – Butchers meat sold and delivered £2.9.7. Defended Offset of 14/- which was allowed and verdict for Plaintiff with costs and minus the 14/-

No. 4 Richard WILLIS v William GOOD – Butchers meat £5.2.8. Defended. Verdict for Plaintiff with costs.

No. 5 John McGONIGAL v Moses AARON-£10.0.0 Offset £15.0.0- adjourned to the 14th when there was one Magistrate. Lapsed.


92


Page 40a April Sittings 1857.

1857

January 31

No. 1 John SELL applied for a summons against John McDONALD formerly of Sky N.B. now of Colac for 16 weeks rent at 4/- per week in 1855. £3.4.0.

Granted.


No. 2 John SELL applied against John McDONALD for £1.10.0 for ton firewood and water cask.

Granted.


March 17

No. 3. Mrs. Jane GIBB applied for a summons against Thomas RING for three pounds and ten shillings £3.10.0 for nursing during confinement for his wife.

Granted.


March 18

No. 4 George BROWN applied for a summons against David RICE for £10.0.0 being principal and interest due on a certain promissory note dated 8th April 1857 drawn by said David RICE at 14 days and now overdue.

Granted.


March 19

No. 5 James AUSTIN applied for a summons against Robert CHRISTIE for Two Pounds four shillings £2.4.0 for potatoes sold and delivered in November 1856.

Granted.


March 20

No. 6 Thomas VAUGHAN has applied for a summons against James BURNIP for £5.0.0 for one bag of flour sold in or about November 1855 [continued]

93


Page 40b 1857

March 20

[continued] and for which he has neglected to pay.

Granted.


March 21

No. 7 Edward BELSAY applied for a summons against Thomas GAMBLE for the amount £9.5.0 of a certain order drawn on McCAIG & McGONIGAL dated 14 Feb. 1857 given by said Thomas GAMBLE to said Edward BELSAY as cash and dishonoured.

Granted.


March 24

No. 8 Dr. D. E. STODART applied for a summons against Charles HICKFORD for £10. Balance due on a certain promissory note drawn by David Charles HICKFORD in favour of said Dr. STODART dated 24th October 1854.

Granted.


No. 9 Dr. D. E. STODART applied for a summons against David RICE for £10.0.0 being balance due for certain sheep purchased by said David RICE from said Dr. D. E. STODART on or about 24th July 1855.

Granted.


March 28

No. 10 Mary GREEN applied for a summons against George LEEK for £5.5.0 being the amount of Deed of Conveyance which said George LEEK was the cause of bringing about by buying a certain allotment containing 12 acres & 3 roods – more or less in his own name instead of the name of Mary GREEN in whose name he undertook [continued]

94


Page 41a 1857

March 28

[continued] to buy it in the presence of Edward BELSAY.

Granted.


No. 11 Edward BELSAY applied for a summons against George LEEK for £5.5.0 being costs of a conveyance which said George LEEK was the cause of bringing about by buying a certain allotment containing 7 acres more or less in his own name instead of the name of Edward BELSAY in whose name he undertook to buy the said land in the presence of Mary GREEN.

Granted.


No. 12 John CONNOR applied for a summons against Andrew RUTHERFORD Esquire for balance of account due amounting to Two Pounds and nineteen shillings £2.19.0 26th March 1857.

Granted.


No. 13 John McGONIGAL re McCAIG & McGONIGAL applied for a summons against William NEEDHAM of Colac for £10 for account rendered several times due on 26th March 1857.

Granted.

Side column. Real acc. £16.10.7.


95


Page 41b July Sittings 1857.

1857

June 19

No. 1 Hugh MURRAY Esquire applied for a summons against James INGLIS for allowing a dog to destroy six sheep with their lambs to the value of six pounds.

Granted.

G. DUNDERDALE Registrar

No. 2 James HILLS applied for a summons against David RICE for two pounds £2 being amount of a promissory note due 15th April 1857.

Granted.


No. 3 James AUSTIN of Colac complains of William HAMILTON of the same place that the said William HAMILTON is indebted to him in the sum of £3.7.6 for goods sold and delivered which sum the said James AUSTIN prays that the said William HAMILTON may be adjudged to pay and prays a summons.

Granted.


No. 4 Simon CAMPBELL applied for a summons against John BELL for four pounds eight shillings £4.8.0 being balance of December 18th and £3.10.0 for ringing wheels.

Granted.


96


Page 42a July Sittings 1857.

1857

June 27

No. 5 Patrick BOLAND applied for a summons against John McDONALD for the sum of five pounds £5.0.0 damages for shooting a dog belonging to said Patrick BOLAND.

Granted.


June 30

No. 6 James HASSETT applied for a summons against John HASSETT for the sum of Ten Pounds £10 for losses sustained by the said James HASSETT in coming from Sydney to Colac with his family at the request of the said John HASSETT.

Granted.


No. 7 William HOLMES applied for a summons against Thomas GAMBLE for the sum of £3 due on an order for Adam REA, given by said Thomas GAMBLE to said William HOLMES and which said order was acknowledged by said Thomas GAMBLE in presence of John CONNOR.

Granted.


97


Page 42b 1857

June 29

No. 8 John CONNOR applied for a summons against William HAMILTON for the sum of £10.0.0 due for goods sold and delivered.

Granted.


No. 9 George LEEK applied for a summons against Thomas GAMBLE for £6.5.0 for goods sold and delivered on or about 14th July 1855.

Granted.


98


Page 43a October 1857.

1857

September 15

No. 1 Edward USHER of Colac complains of Daniel WHITE of the same place that the said Daniel WHITE is indebted to him in the sum of six pounds sterling £6.0.0 for two thousand bricks at three pounds per thousand £3 sold and delivered by the said Edward USHER to the said Daniel WHITE, which sum the said Edward USHER prays that the said Daniel WHITE may be adjudged to pay and prays a summons.

Summons granted.


September 23

No. 2 William PITTS of Colac complains of Thomas HILL of the same place that the said Thomas HILL is indebted to him in the sum of five pounds two shillings sterling £5.2.0 for 51 bags at 2/- each delivered by the said William PITTS to the said Thomas HILL which sum the said William PITTS prays that the said Thomas HILL may be adjudged to pay and prays a summons to pay.

Summons granted.


September 26

No. 3 John GIBBS of Colac complains of Arthur WEMYSS of the same place that the said Arthur WEMYSS is indebted to him in the sum of one pound sterling £1, money lent in July last and prays a summons.

Granted.


99


Page 43b 1857 Sittings.

1857

September 26

No. 4 Patrick BOLAND applied for a summons against John McDONALD for the sum of five pounds sterling £5.0.0 damages for shooting a dog the property of the said Patrick BOLAND.

Granted.


September 28

Plaint No. 5.

100


101

Page 44a January Sitting

1857

Plaint No. 1.

Francis BULLEN of Colac complains of John WILLIS of the same place that the said John WILLIS is indebted to him in the sum of ten pounds sterling £10.0.0 for a tarpaulin lent by the said Francis BULLEN to the said John WILLIS in or about June 1855 which sum the said Francis BULLEN prays that the said John WILLIS may be adjudged to pay.

Summons granted.


transcription of vprs 16626: [colac] court of requests day...

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