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Note: ------------------------ There are no records for a divorce between Cyrus Dover and Jane Isabella Liddle. There are also no records found regarding the immigration of Cyrus. He possibly arrived in Victoria or New South Wales around 1861 as records show shares purchased in Ajax Tunnelling Company Spring Hill - 300 shares at 10 pounds per share in that year. In 1867 there was a purchase 200 shares at 3 pounds 10 shillings per share in Wealth of Nations Quartz mining company at Stringers Creek. ------------------------ England, Select Births and Christenings, 1538-1975 Name: Cyrus Dover Gender: Male Baptism Date: 24 Jul 1836 Baptism Place: St. Michael's, Appleby, Westmoreland, England Father: John Dover Mother: Ruth FHL Film Number: 1471684 Reference ID: item 12 p 116 ------------------------ 1841 England Census Ridsdale Ironworks Corsenside John Dover, Age 30, Iron St. Miner, Not born in County Ruth Dover, Age 30, Not born in County George Dover, Age 7, Not born in County Cyras Dover, Age 5, Not born in County Thomas Parker, Age 37, Iron St. Miner, Not born in County Thomas Dowford, Age 35, Iron St. Miner, Not born in County ------------------------ Gippsland Times Tuesday 16 June 1868 ALFRED FALL V. DOVER AND OTHERS This was an action to recover the sum of 58p 13s 6d, contract and damages. Mr Akehurst appeared for the plaintiff, and Mr Emerson for James Fulton, John Flynne, and Dugald Lamond. Alfred Fall, sworn, deposed: I am the complainant. I know the defendants. They owe me 38p 13s 6d, and a further sum of 20p. This is an agreement made between me and the defendants. I had that document in my pocket, and it is the worse for wear. It is an original document; no copy existed. It is a memorandum of agreement with the Wealth of Nations Company and myself to sink a shaft of 110 feet. It was written by me in part, and it was signed by the men, whose names appear, in my presence. The work was done according to agreement. I was paid 50 percent on 81 feet. I received p30 is on account. I have had conversation about it. Dugald Lamond thought I was going to throw up the job. He said he would give me p10, that is, his proportion 2p 10, if I would go on with the shaft. Fulton said the shaft was not done right. The directors said they would not tell me what was the matter with the work. I offered to make anything right if there were anything wrong. They refused to pass the work. I sank the shaft properly, and according to contract. Dover told me the shaft was all right. I am at loss 1 owing to the delay of this payment, perhaps 5p, for example. I have been brought here on a fraud summons, etc. Dover has told me that I should be paid the whole amount as soon as the Wealth of Nations had money. Cross-examined by Mr Emerson: Dover and Fulton were present at the meeting. Lamond was not present. I received some money on account. I did not apply to the mining manager to inspect the shaft. There was a " barney" as to who was manager. There was no mining manager at that time. The shaft may be a little crooked. There is no specification. Dugald Lamond once gave us a new rope. I believe that he is a shareholder in the company. Podesta and others went down the shaft. Lamond was then a director. I was not present when the agreement was drawn up. Have not seen the shaft since it was finished. There is only one bit of a lump on one side. Re-examined by Mr. Akehurst: I have seen many shafts. That lump is no impediment in working the shaft. We gave up the job without knowing that anything was wrong. George Reich, sworn : I know Lamond. I remember the conversation about the shaft. When they were being paid, Lamond said, " I will give you 2p 10s 3d per foot extra, if you continue the work." Cross-examined by Mr. Emerson, through the Bench: I understand that the 2p 10s was part of the contract. Alfred Fall, recalled, to Mr. Akehurst: The 2p 10s referred to the balance of a money due to me. The work was all right, and I was told that I would be paid. John Anderson, sworn, to Mr. Emerson : I am mining manager of the Wealth of Nations Company. I know the ground for working which Alfred Fall claims arrears and damages. It is not a good working shaft. It is 1ft. 6in. out of plumb on one side, and 1ft. out of plump at the other end. To prepare the shaft for timber properly, it would cost 35p. I sank a winze from another level and have driven into this one for air. We wind all our dirt up it. I would not pass it. It was sunk long before I came to the company. It must be rectified, dressed, and squared. It will require slabbing all the way. Cross-examined by Mr. Akehurst: I know nothing about the conditions of the contract. I would have said at the time, it would not do. I have been connected with mining about 17 years. There is a no real difficulty in using it at present, but it must be enlarged to six feet three inch dimensions. To Mr. Emerson: This shaft has been disused. It is not fit for working in. I am not aware if the company intend to take proceedings, to cause the shaft to be properly made. Dugald Lamond, sworn: I reside at Pleiades Range. I know plaintiff and the shaft now in dispute. At that time I was a director and chairman of the company. They asked me to come and measure it. I did so, and refused to pass it, as it was not properly sunk. I told them the dimensions were not correct it ought to have been three feet by six feet all the way down. Those conditions were not observed. I was not a party to that contract. I told Dover and Fulton I that I would not have anything to do with it as a contractor. I had power to pass the work, being a director. Cross-examined by Mr. Akehurst: Dover was then a partner of mine. I have never given authority to put my name to that document. I refused to enter into any contract about this, and had nothing to do with it. I swear this distinctly. I said that if they got the contract for 17s. 6d., I would have a share in it. James Fulton, sworn: I know the shaft in dispute. It is not properly sunk. To deepen it, it ought to be squared down. It is eighteen inches out of plumb. It would be hard work to get a bucket up. It must be rectified before it can be a good shaft. Dugald Lamond ought to have been in it, but he did not sign the contract. I swear that a bucket cannot be lowered without striking the side if lowered steadily. If I were a manager, I would pass the shaft according to agreement, I have no document to show that the work is passed. They have passed 81 feet. The work was finished nine months since. I have not applied because they had no money in the bank. Fulton and Cyrus Dover told me that D. Lamond was a contractor. Lamond afterwards told me that he had nothing to do with the contract. Dover wrote out the document. Richard Codd, sworn: I am legal manager of the Wealth of Nations Company. That is a document entered into by the parties to empty a shaft about 100 feet. I understand that the four men would work the shaft. I do not remember having any conversation with Dugald Lamond respecting this contract until yesterday. After the 100 feet were sunk, it was repeated to me that the work was unsatisfactory. I do not know anything about the plaintiff in this matter. I have not the minute book of the company here. Cross-examined by Mr. Emerson: I have never been down the shaft. The mining manager has said that the work is out of shape. The 30p paid to Cyrus Dover was for the payment of these men, and I have given them notice that if the shaft was not properly finished, they would not be paid. Dugald Lamond has not been recognised as a contractor to the company. Cross-examined by Mr. Akehurst.-The shaft is now used by the company. We are and have been for some time working the shaft. Nothing has been done to it since. To the Bench: 30p 3s. 8d. has been paid in all. We first used the shaft for fresh air. We now use it as a working shaft. Edward Reisley, sworn - To Mr. Akehurst: I was present at a conversation between the parties. I heard Lamond say to Fall, that if he did not give up the contract, he would give up his share of 10p to continue the work. The work was to be done to the satisfaction of the Manager, it is not correct in dimensions, and is out of plumb. No money has been passed through my hands. The company does not require the work and will not pay for it. Richard Codd, recalled by the Bench: I got information that it was sunk 100 feet. I received instructions to take no notice of it, as it was improperly done. The 30p 3s. 8d. was a progress payment. I paid Dover 50 per cent on the amount. I received notice that the shaft was not done in a workmanlike manner. Since then the shaft has been used as an air shaft. We did not want the shaft until lately. To Mr. Emerson: All payment comes from the directors. To Mr. Akehurst: Mr. Fulton is one of the directors. Warden's decision - Lamond's name to be struck out, he's not being legally liable, that it is not a case for damages, but order in favor of plaintiff for 28p 13s. 6d.; costs, 4p 3s. 6d. ------------------------ New South Wales State Records - Insolvency Index DOVER Cyrus; Occupation: Miner; Sequestration: 24/09/1874; File No: 12089; Remarks: Late of Tambaroora DOVER Cyrus; Locality: Richmond; Occupation: Labourer; Sequestration: 5/04/1882; File No: 17128 (Microfilm Reel 38) ------------------------ The Sydney Morning Herald (NSW : 1842 - 1954), Friday 25 September 1874, page 2 SURRENDER Cyrus Dover, of Chambers Creek, late of Tambaroora, miner. Liabilities, 63p 18s. 8d., of which 10p 17s. is secured. Assets, 30p. Mr. Mackenzie, official assignee. ------------------------ The Maitland Mercury & Hunter River General Advertiser, Tuesday 29 September 1874 INSOLVENCY PROCEEDINGS NEW INSOLVENTS Sept. 24 - Cyrus Dover, of Chambers Creek, late of Tambaroora, miner. Liabilities, 63p 18s, 8d, of which 10p 17s is secured. Assets, 30p, Mr. Mackenzie, official assignee. ------------------------ Evening News (Sydney, NSW : 1869 - 1931), Thursday 6 April 1882, page 2 Insolvency Court. Thursday, April 6. Surrenders. Cyrus Dover, of Chapel-street, Richmond, labourer, Liabilities 38p 2s 5d, assets 3p 13s. Mr. E. M. Stephen, official assignee. ------------------------ The Sydney Morning Herald, Wednesday 17 May 1882 INSOLVENCY BUSINESS Wednesday - Charles Josiah Stewart and George Stewart, third meeting; Walter Underwood Harris, Joseph Asprey, Frederick Reach, Cyrus Dover, and Robert Condell, single meetings; George Priestman, special for proof. ------------------------ Index to Insolvency records Hawkesbury insolvents 1842-1887 This index is available to search on the State Records website at www.records.nsw.gov.au The records to date (August 2004) cover the Insolvency Records 1842-1887. It was complied from the Records at CGS 13654, Insolvency files [2/8650-10411] A-H of this index was compiled by Heather Garnsey and Martyn Killion of the Society of Australian Genealogists. This list has been compiled on selected records of the Hawkesbury district, courtesy of State Records NSW index. From the State Records website it states "Insolvency is the inability to pay your debts or meet your expenses. Under early colonial law insolvency was treated as a different concept to bankruptcy. Bankruptcy involved an insolvents assets being administered and distributed to creditors. The jurisdiction of insolvency was recognised in New South Wales in 1823 with the Act to Provide for the better Administration of Justice in New South Wales. The Act allowed the Supreme Court to examine the affairs of those unable to pay creditors. The Act did not stop people continuing to be imprisoned for debt. In 1830 the two concepts of insolvency and bankruptcy were combined in the Act for the Relief of Debtors and for an Equal Distribution of their Estates and Effects amongst Creditors. In 1887 the Bankruptcy jurisdiction of the Supreme Court was established under the Act to amend and consolidate the law relating to insolvency and bankruptcy. This Act provided clear guidelines on the process from insolvency to bankruptcy. That is, from the inability to meet creditors to the distribution of assets. From 1888 insolvency records were combined with bankruptcy records. For further details on insolvency records see the Archives in Brief No. 58." Note : Sequestration Order means the order which was made by the court and it gave the trustee control of the debtor's property. The sequestration date is the official date when the debtor is declared bankrupt. Surname: DOVER First name: Cyrus Business: - Street Address: - Locality: Richmond Occupation: Labourer Sequestration: 5/04/1882 FileNo: 17128 Date certificate issued: - ------------------------ Australian Star (Sydney, NSW : 1887 - 1909), Monday 30 August 1897, page 5 DIVORCE COURT. Hearing of Causes. The hearing of causes was continued before Mr. Justice G. B. Simpson this morning. DOVER V. DOVER. Sarah Dover (formerly London) petitioned for a divorce from Cyrus Dover, a miner, on the ground of desertion for three years and upwards. Mr. R. W. W. M'Coy appeared for the petitioner. There was no appearance of the respondent. The parties were married on June 6, 1872, at Orange, according to the rites of the Church of England. She said her husband was a drunkard. The decree nisi was granted, returnable in a month, petitioner to have custody of the child, costs out of pocket to be paid by the respondent. ------------------------ The Sydney Morning Herald, Tuesday 31 August 1897, page 3 SARAH DOVER v CYRUS DOVER The petitioner for whom Mr R W W M'Coy appeared, applied for a divorce on the ground of desertion. Her maiden name was London. The marriage took place at Ophir on June 6, 1872 The parties lived together till 1893, and had nine children, of whom three are living. Decree nisi, returnable in one month; petitioner to have custody of the youngest child; costs out of pocket to be paid by respondent. ------------------------ The Sydney Morning Herald, Wednesday 20 October 1897, page 4 DECREES ABSOLUTE In the following suits the decrees were made absolute - Sarah Dover v Cyrus Dover, with custody of child; Mary Ann Wanstall v Henry Wanstall. ------------------------ The Tamworth Daily Observer (NSW : 1911 - 1916), Tuesday 3 September 1912, page 4 The death is recorded of another lnverell resident of long standing, in the person of Mr. Cyrus Dover. Mr. Dover was 70 years of age, and came to lnverell from Richmond in the Hawkesbury district, between 30 and 40 years ago. Death occurred on Tuesday last at the residence of Mrs. McDonald, in Byron street, and was due to bronchitis. ------------------------ The Inverell Times (NSW : 1899 - 1954), Tuesday 26 August 1913, page 7 The Inverell Times (NSW : 1899 - 1954), Friday 28 August 1914, page 7 IN MEMORIAM. In sad and loving memory of my dear father and our grandfather, Cyrus Dover, who departed this life on the 27th day of August, 1912, aged 76. (Inserted by his loving daughter and grandchildren, Ethel Ellis.) ------------------------
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