• Business, 1887 Feb 10. ⁵ COMMERCIAL TELEGRAMS. (1887, February 10). The Argus (Melbourne, Vic. : 1848-1954), p. 6. Retrieved June 30, 2011, from <http://nla.gov.au/nla.news-article11589617>
COMMERCIAL TELEGRAMS.
(FROM OUR CORRESPONDENTS.)
SYDNEY, WEDNESDAY
Mr. Daniel Davison, grazier, near Bathurst, has surrendered his estate to the Insolvency Court. His liabilities are £13,300, and his assets £11,140.

• Business, 1887 Feb 10. ⁵ Latest Telegrams. (1887, February 10). Bathurst Free Press and Mining Journal (NSW : 1851-1904), p. 2. Retrieved June 30, 2011, from <http://nla.gov.au/nla.news-article62219237>

Latest Telegrams. -
(FROM OUR CORRESPONDENT.)
SYDNEY. Wednesday Evening.
Estates surrended : John Page, carpen- ter, Bathurst ; deficiency about £40; Daniel Davison, grazier, Bathurst ; Liabilities £13,396 Assets £11,140 ; deficiency £2256.

Family Notices. (1860, February 18). Bathurst Free Press and Mining Journal (NSW : 1851-1904), p. 2. Retrieved June 30, 2011, from <http://nla.gov.au/nla.news-article63596183>
MARRIED.
By special license, on Wednesday, the 25th ultimo, by the Rev. W. Lisle, Daniel Davison, to Eliza, third daughter of M. James Rue of Dockheirn.

• Business: Sale, 1887 Feb 17. ⁵ Advertising. (1887, February 17). Bathurst Free Press and Mining Journal (NSW : 1851-1904), p. 3. Retrieved June 30, 2011, from <http://nla.gov.au/nla.news-article62217206>

EXTENSIVE CLEARING OUT FARM SALE (By order of the Mortgagee.) Wednesday, Feb. 23rd, 1887. At 11 o'olock, At Mr. Daniel Davison's Farm, YARRAS. R. & W. OAKES (in conjunction with CROAKER & CO.,) are instructed, as above, to sell by public auction at Yarras on WEDNESDAY NEXT, 23rd instant, all the Farming Implements,
CONSISTING OF
8 Hay Presses
3 Engines
2 Barn works
2 Straw-carriers
3 Chaff cutters
3 Double-furrow Ploughs
5 Single-furrow Ploughs
2 Sets of Harrows
2 Horse Rakes
2 Rollers
4 self-binders
3 Mowers
1 Sulky Plough
10 Tarpaulins
5 Drays
1 Trolly
Horses:
25 Draught Horses, very staunch
15 Saddle and Light Harness Horses.
Harness :
25 Sets of Shaft, Trace, & Plough Harness,
Secured Crops :
Several Stacks of Wheat and Hay.
And other Assets included in the Mortgage.
WITHOUT RESERVE.

• Court, 1887 Jun 2. ⁵ INSOLVENCY COURT.\emdash WEDNESDAY. (1887, June 2). The Sydney Morning Herald (NSW : 1842-1954), p. 4. Retrieved June 30, 2011, from <http://nla.gov.au/nla.news-article13655989>
THIRD MEETINGS.
Re Daniel Davison, a third meeting. One debt was proved and one claim entered; the report of the official assignee was read, and the meeting terminated

• Court: CERTIFICATE APPLICATIONS, 1891 May 16. ⁵ LAW REPORT. SUPREME COURT.\emdash FRIDAY, MAY 15. (1891, May 16). The Sydney Morning Herald (NSW : 1842-1954), p. 7. Retrieved June 30, 2011, from <http://nla.gov.au/nla.news-article13824658>
CERTIFICATE APPLICATIONS.
Re Daniel Davison. This matter was adjourned by consent to Monday, May l8.

• Court: Police Court, 1896 Dec 23. ⁷ Police Court.
(Before Mesers. W. O. Kelk and J. Simmons, J's.P.) Alleged Breach of Tenants Act. Martha Ainaworth v. Charles Steward.\emdash Complainant sought to recover possession of the Baglan Hotel, Raglan, of which defendant was in occupation, the lease expiring on 20th Oct., last. Mr. McPhillamy appeared for complainant, and Mr. McIntosh (for Mr. Kenny) appeared for defendant. Mr. McPhillamy explained that the house was let to defendant on a yearly lease, but he now refused to quit. The license for the house had been cancelled, but defendant had informed the Bench that he would not put any furniture into the house because he feared the landlord would distrain. He also declined to leave. Daniel Davidson, son of complainant, deposed that Joseph Ainsworth, a step-brother, was agent and let the place, the mother being almost bed ridden ; there was a half year's rent unpaid, but they agreed to let him go without paying this if he gave up possession ; defendant said he could not pay but promised to give up pos-session; when demand was made he said he had altered his mind and would not go ; de- mands have since been made for possesion, but he always refused ; the only rent received was after tbe bailiff had been put in ; defendant's property did not realise the amount due, and other property belonging to Mr, Fitzpatrick was not taken possession of. To Mr. McIntosh : When he would not give up possession we asked him to let us have two rooms ; mother wanted to go and live there ; do not know the 20th October, 1895, falls on a Sun- day; I am not in any way interested inthe property; as soon as Steward leaves I intend to go and live there. To. Mr. McPhillamy : Mother is very old and almost bedridden ; she is dependent on the rent from this plaoe, but as no rent has been paid she has been compelled to live with her son ; I want to go in and take the place for my mother. Martha Ainswarth, an old lady, who was assisted into court by her son, was sworn, and deposed that she was a widow and lived with her son at Raglan ; she was in the house the day Steward came to rent the hotel ; Joseph Ainsworth was her agent and had authority to let it for her ; he told her he had let it very low because business was bad ; witness consented to defendant taking the place ; she had received no rental from defendant and now wanted to go back and live in the place. James Henry Ainsworth deposed that he went in June last with Daniel Davidson to see defendant about the rent; witness had spoken to him several times about the rent due but he said he oould not pay anything ; he said he had taken the plaoe for twelve months at £46 a year ; £5 was to be allowed for improvements, and the rent was to be paid half yearly; asked him if he would de- liver up two rooms so that the party who was going to take the place might have possession ; he agreed to do this ; about two days after de- fendant pulled witness up and said he had altered his mind and would not given up the place. To. Mr. Molntosh : I knew the terms of the lease before I went to see Steward ; cannot say when his tenancy commenced except in Ootober. This was complainant' s case. Mr. Mclntosh moved for a non-suit on the ground that no evidence as to the creation and determination, of the tenancy had been given. It the non-suit was not granted he would call evidence. The Bench preferred to hear evidence for the defence. Charles Steward, defendant, deposed : When I took possession Joseph Ainsworth had the house; Mrs. Ainsworth, senior, referred me to her son,who was her agent ; it was about the 1st or 2nd Ootober, 1895 when I saw Joseph Ainsworth; his son William was there; he agreed to let me have the place at £45 a year for three years with the use of all the furniture ; he promised to give me a lease in writing, but he never did so ; he repeated this agreement be- fore his son in town again subsequently ; soon after I went into possession an execution was token out against Mrs. Ainsworth, senior, and all the furniture was sold ; Mr. Fitzpatrick bought the furniture ; I had to rent it from him ; the transfer of the license was made on Ootober 22 ; on the 1st July this year I took out a fresh license and it it had not been (or the promise of a lease I would not have taken this out ; in June last Aineworth and Davidson came to me about renting two rooms from me; I told them I would think it over, but I told them afterwards I would not consent to their request ; I had put in my application for a new license before they called te see me ; there is no truth in the state- ment made by Davidson and Ainsworth that they offered to let me move without paying. To Mr. MoPhiliamy : The morning after the transfer was made Joseph Ainsworth left, and and he promised to send a lease but did not do so ; I have had to pay rent to Fitzpatrick for the furniture ; the license has been cancelled because the house has not sufficient furniture ; the case was postposed to enable me to refurnish, but I would not refurnish because Aiasworth would come in and distrain. To the Bench : I cannot afford to pay the two rents; there was no harvest last year and it was a poor winter ; now there is a good harvest that man wants to come in ; he nipped me in the bud and wants to ruin me. To Mr. McIntosh: Joseph Ainsworth, the agent, promised to give me a three years' lease and would send me a written agreement ; on the strength of that promise I went into imme- diate possession. Joseph William Ainsworth deposed that he was the son of Joseph Ainsworth, agent for complainant ; he was managing business for his mother for years; in Ootober, 1895 witness's father brought Steward to witness and intro- duced him as the incoming tenant, that he was letting the place for £45 per year for the house and furniture, £6 to be allowed for repairs ; witness asked him if he had let it for any time, and he said he would let it for three or five years. To Mr. MoPhiliamy : I had some interest in the hotel and had lent father some money to go into business ; that was why he consulted me about Stewart; when speaking of the lease father sadi " If I give five years' lease it would run into expense, but I can make out a lease myself for three years ;" cannot say if the lease was ever mode out. Evidence in reply- Martha Ainsworth was recalled : Stewart did not see me until after he had possession of the place ; never told him to consult my son. Mr. Molntosh argued that under no circum- stances could defendant be other than a yearly tenancy, and that necessitated a notice for six months which must terminate in October, 1897. Mr. Kelk asked under what position the tenant was as he had not paid his rent. Mr. McIntosh said this had nothing whatever to do with it. Under the Act defendant could not be put out but if a provision was inserted in the lease that in the event of non-payment there should be a forfeiture, action must be taken under another section of the Act. Mr. McPhiliamy urged that it was a question of credibility. On one important point Mrs. Ainswworth had contradicted defendant. The Bench retired for a quarter of an hour to consider their verdict. After their return they said the case, to them, was one of im- portance. After carefully thinking about the matter they had decided to consider defendant a tenant on sufferance, and gave a verdict for complainant. Mr. McIntosh gave notice of applying for an order of prohibition. Mr. McPhillamy expressed a hope that such notice would not affect their worship's Christmas dinner. He applied for casts as the defendant had been living rent free for fifteen months.
The Bench decided not to grant this applica- tion, as there had been so muoh exparte evidence given. The order of ejectment to take effect within seven days.

• Court: Police Court, 1897 Jan 19. ⁷ Police Court. (1897, January 19). Bathurst Free Press and Mining Journal (NSW : 1851-1904), p. 2. Retrieved June 8, 2011, from <http://nla.gov.au/nla.news-article62034526>
Police Court.
MONDAY, January 1 8th, 1897. (Before the Police Magistrate. Summons Case. action for ejectment.
Daniel Davidson v. Jamas Parkes. \emdash De- fendant was charged with refusing to de- liver up possession of land held by him at Raglan, the property of Martha Ains- worth.
Mr. McPhillamy applied for complain- ant, Mr. Kenny for defendant. Complainant deposed that defendant rented 31 acres of land at Raglan, for which he paid £2 8s per year in advance ; when witness went to him for possession he said he had paid his rent up and would not give up possession. To the Bench: I made demand for pos- session some few days after the expiration of the year. To Mr. Kenny : I hold no authority in writing making me my mother's agent; cannot say if my brother ever had any. authority ; I merely told defendant I was agent for mother ; I told him in March or April that I was agent ; do not know when mother became possessed of the property ; her son had a life interest in it and. became insolvent and mother bought his interest at auction ; Parkes told me he had paid Joseph Ainsworth another year's rent in advance. James Ainsworth deposed that he acted with complainant as agent for his mother; Parkes told witness he had the land for 12 months ; he spoke to witness about it be- fore taking it ; he never spoke about the renewal ; he promised to give the last half year's rent to mother, but he did not do so ; it was understood that Daniel Davidson would take the paddock at the expiration of his lease ; he did not seem to like it and made no reply ; he told witness he had got a letter from his brother Joe saying be could have it for twelve months. To Mr. Kenny : I took no part in letting it ; my brother Joe let it for the first 12 months and we did not interfere ; mother did not, through me, refer Parkes to Joe about the paddock; never told him to refer to Joe ; mother had reasons for not letting the paddock. Martha Ainsworth deposed, in answer to Mr. Kenny, that she got the property from the Official Assignee, and it was to come to him after her death ; allowed him to let it and take the rent ; told Joe that his brother Daniel would take the paddock. John McPhillamy, solicitor for com- plainant, deposed to receiving a letter from defendant in response to one be had sent him ; the letter stated that the lease expired on the 6th December 1896, and that he held a receipt from complainant for twelve months rent to December, 1897. The Police Magistrate said that there was no evidence as to the creation of a tenancy and the agent who let it was absent, nor was there any evidence of the withdrawal of the appointment. If the owner cancelled the agency and notice was given to the tenant they could then take action. He did not think it necessary to call evidence for the defence, and gave a verdict for defendant. Mr. Kenny applied for costs. Mr. McPhillamy objected to the costs. Here was a man holding land -from an old lady 84 years of age. He was getting it at a cheap rent while the incoming tenant would pay £30 a year and thus furnish something for his mother to live on. Mr. Kenny said the rent was paid until December next. The Police Magistrate said that there was no verbal statement made to Parkes by the young men and he would not allow costs.

Daniel married Ellen Strugnell [34717] [MRIN: 13056] in 1859 in Bathurst District, New South Wales. (Ellen Strugnell [34717] was born before 1844.)

  Noted events in their marriage were:

• Registration: Marriage, 1859, Bathurst District, New South Wales. ⁸ 1310/1859
DAVIS, DANIEL
STRUGNELL
ELLEN
BATHURST

• Court, 1859 Jun 6. ⁵ BATHURST. (1859, June 6). Empire (Sydney, NSW : 1850-1875), p. 5. Retrieved June 30, 2011, from<http://nla.gov.au/nla.news-article60405372>
The Times correspondent at Sofala says :- "A case of consider-able public interest was initiated here to-day, before the Police Magistrate. One Daniel Davison was charged with having, in December 1857, "wilfully made a false statement to one Thomas Corbett, Assistant District Registrar at Sofala, for the purpose of being inserted in the Register of Births," in respect of his marriage, the said Daniel Davison, having subsequently married at Bathurst. Mr. Corbett, Assistant District Registrar of Sofala, was called to prove the false statement and Mr. Bruze-ville, District Registrar of Bathurst, the subsequent marriage at Bathurst, under the name of Davis. Davison was committed to take his trial at the next Quarter Sessions, to be held at Bathurst, on June 6th, and the witnesses were bound over to appear.

• Court, 1859 Jun 9. ⁵ SYDNEY NEWS. (1859, June 9). The Maitland Mercury & Hunter River General Advertiser (NSW : 1843-1893), p. 3. Retrieved June 30, 2011, from <http://nla.gov.au/nla.news-article18652997>

One Daniel Davison was committed to take his trial at the next Quarter Sessions, Bathurst, for having wilfully made a false statement to one Thomas Corbett, Assistant District Registrar at Sofala, for the purpose of being inserted in the register of births.

Daniel next married Eliza Rue [834] [KJZK-KMJ] [MRIN: 91], daughter of James Rue [2658] [KLZY-FJB] and Mary A May [2659] [LK6Z-M41], on 1860 Jan 25 in Barraba, Darling County, New South Wales.¹ (Eliza Rue [834] [KJZK-KMJ] was born on 1838 Oct 3 in Orange, Wellington County, New South Wales ⁹, christened on 1839 Jun 4 in Bathurst, Bathurst County, New South Wales,⁴ died on 1913 Jan 16 in Bathurst, Bathurst County, New South Wales, Australia ¹⁰ and was buried on 1913 Jan 18 in Kelso, Roxburgh County, New South Wales, Australia ⁴.)

  Noted events in their marriage were:

• Marriage Notice: DAVISON-RUE, 1860 Feb 25. ⁵ Family Notices. (1860, February 25). Empire (Sydney, NSW : 1850-1875), p. 10. Retrieved June 30, 2011, from<http://nla.gov.au/nla.news-article64097856>
DAVISON-RUE-By special license, on Wednesday, the 25^th January, by the Rev. W. Lisle, Daniel Davison, to Eliza, third daughter of Mr James Rue, of Dockheirn.