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MONDAY, MAY 22.
[Before His Honor Mr. Commissioner Macdonald.] In RED. DITRICH, of Mount Gambler, famer? Final hearing. Mr. Bonpin for the insolvent; and Messrs. Ingleby and
Hatcbett for creditors. Tbe Accountant's report mi read SB follows: — "The debts in the schedule amount to ... — £306 4 7 Against which ? dividend has been paid of 3s. 3d. in the pound, amounting to £43 8 6 Bent creditor was paid by distress -36 1J 0 And the proceeds of a horse and two cattle are now due to the estate _ 22 10 0 • 101 16 6 Djflciency _ ... ...... .- £203 9 o ••The Insolvent was adjudicated on the 20 th January, 1662, having left his residence lor Mount Gambier about the sth of that month. No books or papers have teen produoed since bis surander, and I have no information as to hii affaire before his insolvency. Tue iasolrent himself states that he left more than sufficient property to pay his debts, and according to hli valuation there was a ampins of £84 us. 6d. He farther states that since his insolvency he has been working at Mount Gambier, and that bis earnings h?ve avenged about 30s. a week; that be had con tracted no fresh debts, but had saved a horse and two head of cattle and that he had also paid £ie log. on aooount of the purchase of five acres or land. He sold his interest in the land for£2o to pay the expenses of his application to this Court. The horse and cattle were sold under a judgment obtained In the Uount Gambler Local Court on a debt proved under the insolvency." Before tbe case prooeeded Mr. Ingleby drew attention to an Irregularity in permitting the insolvent to come in and surrender without notioe being given to the assignees, which prevented action being taken by them to declare him sub ject to the penal clauses of the Act His Honor. However, although admitting an irregularity, did not feel it bis duty to alter the papers Sled. Tbe insolvent, in answer to Mr. Ingieby. said he left Oilles Plains in January. 1862, and'went to MacDonnell Bay, wheuoe he proceeded to Mount Gambier. He tried to borrow some money there to meet the bills, as some of his hay, which he grew on Salisbury Plains, was spoilt by the rain. Could not borrow any money. Took the leases ofhis four sections at Gilles Plains, which he rented from Wm. Bigot and Teddy Reid, to Mount Gambier, and tried to raise money on them. The leases were, however, burnt at Mount Gambier. Took a lease of 13 aores at Monnt Gambier for two years from Mr. Bunge. Gave up this land, and after wards took a piece of land on right of purchase, which he sold to come to town. When he was at Mount Gambler he heard by the newspaper that he was made insolvent. He was in Mount Gambler six months or more before he wrote to Mr Manuka, one of his creditors. He was sued on a bill tor £51 by a person named Voge in the Local Court at Mount Gambier. He defended the action, and judgement was given against him, when the bailiff seized bis goods. This induceahimtocometotheConrt. This case was then, on the application of Sir. Ingleby, ad journed till April a. at 11 o'clock. In be Jno. Kibitan. Adjourned final hearing. In this case Mr. Martin appeared for the insolvent, who is shepherding in the bush. He pleaded his inability to afford the expense of coming in to the Court, and asked tor a long adjournment. The case was then adjourned for three months. In be A. McKimnok, of AUandale, firmer. A first hearing. Mr. Parker attended for the insolvent. The Official Assignee examined the insolvent with refe rence to several head of cattle which had been in his posses sion for fonr yean, but which he asserted belonged to his brother-in-law, a Mr. Haobean. and were taken by him be fore tbe insolvency; also with respect to a horse which he had claimed aa his son's. The Official Assignee then applied for an order to obtain these cattle. His Honor remarked that the circumstances were sus picious, and where creditors were oonceraed he must talc* notice of this little amicable arrangement. He could not, however, give tbe order asked for, although he would hive done so if the Act gave him such authority. He thought, however, tbe cattle would have to be recovered by an action in trover. In be George Potter. Adjourned final hearing. Mr. Bruce appeared for the assignees, and Mr. Way for tbe insolvent. Mr. Way addressed the Court at considerable length upon the charges which had been made against his rflwit." ' !!P His Honor gave It as his opinion that the statements made by the insolvent when giving bis evidence were inoor rect, and be would only award him a third-class certificate. . The sentence was deferred.