The case of James Stein, of the Wakefield River, Sheep farmer, again came before the Commissioner. This case much resembled the former, except that the insolvent was not absent from the Colony, and the petition had emanated from himself. He had not, however, surrendered to the Fiat, filed any Schedule, or in any way conformed to the Ordinances. A deposition was made of the due service of summons to surrender. No person attended on his behalf. At three o’clock, the Messenger of the Court read aloud a proclamation, warning the parties in this and the previous case to come before the Commissioner. The letter sat till half past three o’clock, but there was no appearance.
We understand that, in addition to any penalty incurred for nonconformity, all the property which may be hereafter acquired by the parties will go to the Assignee, and the petitioner will derive no benefit from the proceeding, but will still remain liable to his creditors. We doubt whether he would be allowed to petition, de novo.
