Land Documents

Book pages 308–325

Land Purchase — 308

59/1744
NEW SOUTH WALES
County :Clarence A LAND PURCHASE
Parish: Unnamed
Date of Purchase: 12th April, 1859.
Area :49 Acres Victoria, by the Grace of God, of the United Kingdom of
Great Britain and Ireland, Queen, Defender of the Faith,
and so forth :-
TO ALL to whom these Presents shall come, Greeting :-
WHERAS in conformity with the Regulations now in force for the Sale of Crown Lands in Our
Territory of NEW SOUTH WALES,
Alexander Beaton of Tenterfield.
Land hereinafter described , for the Sum of One hundred and thirty two pounds six shillings
Sterling; NOW KNOW YE, That for and in consideration of the said Sum for and on Our behalf,
well and truly paid into the Colonial Treasury of Our said Territory, before these Presents are issued,
And in further consideration of the Quit -Rent hereinafter Reserved, We with the ad vice of OUR
EXECUTIVE COUNCIL OF NEW SOUTH WALES, have granted, and for Us, Our Heirs and
Successors, DO HEREBY GRANT unto the said Alexander Beaton. His Heirs and Assigns,
Subject to the several and respective Reservations herinafter mentioned ALL THAT Piece or Parcel
of Land in Our said Territory, containing by Admeasurement Forty nine acres
be the same more or less, situated in the County of Clarence
and Parish unnamed at Smith’s Flats,
Clarence River, portion thirteen, commencing on the North side of a road one chain wide at
the South West corner of portion ten, and bounded thence on the East by the West boundary
line of that bearing North forty one chains to a road one chain wide, on the North by the South
side of that road dividing it from portion nine, bearing West twelve chains to another road
one chain wide, on the West by the East side of that road dividing it from portions fifteen and
sixteen bearing South forty one chains to the first mentioned road, and on the South by the
North side of that road dividing it from portion twelve bearing East twelve chains to the point
of commencement. Being the land sold as Lot in pursuance of the proclamation of 28 th
February , 1859.
With all the Rights and Appurtenances whatsoever thereto belonging TO SOLD unto the said
Alexander Beaton his Heirs and Assigns for ever, Yielding and Paying therefore Yearly unto Us,
Our Heirs and Successors, the Quit-Rent of One Peppercorn for ever , if demanded;
Provided Nevertheless, AND WE DO HEREBY RESERVE Unto Us, Our Heirs and Successors,
all such parts and so much of the said land as may hereafter be required for making Public Ways,
Canals, or Railroads, in, over, and through the same, to be set out by Our Governor for the time
being of Our said Territory, or some person by him authorised in that respect; and also, all sand ,
clay, stone, gravel, and Indigenous Timber, and all other materials, the natural produce of the said
Land, which may be required at any time or times hereafter, for the construction and repair of any
Public Ways, Bridges, Canals, and Railroads, or any Fences, Embankments, Dams, Sewers, or
Drains, necessary for the same, together with the right of taking and removing all such Materials;
AND WE DO HEREBY FURTHER RESERVE unto Us, Our Heirs and Successors, the right of
full and free ingress, egress, and regress, into, out of, and upon the said Land, for the several
purposes aforesaid:
In Testimony Whereof, We have caused this Our Grant to be Sealed with the Seal of Our said
Territory.
Witness our Trusty and Well -beloved Sir William Thomas Denison, Knight Commander of the
Most Honourable Order of the Bath, Governor General in and over all Our Colonies of New South
Wales, Tasmania, Victoria, South Australia, and Western Australia, and Cap tain General and
Governor -in-Chief of Our Territory of New South Wales aforesaid, this Twenty fourth day of
August in the Twenty Third Year of Our Reign; And in the Year of Our Lord One Thousand
eight hundred and fifty nine. Signed W.D.Denison

Land Purchase — 309

59/1745
NEW SOUTH WALES
County :Clarence A LAND PURCHASE
Parish: Unnamed
Date of Purchase: 12th April, 1859.
Area :45 Acres Victoria, by the Grace of God, of the United Kingdom of
Great Britain and Ireland, Queen, Defender of the Faith,
and so forth :-
TO ALL to whom these Presents shall come, Greeting :-
WHERAS in conformity with the Regulations now in force for the Sale of Crown Lands in Our
Territory of NEW SOUTH WALES,
Alexander Beaton of Tenterfield.
Land hereinafter described , for the Sum of One hundred and thirty two pounds ten shillings
Sterling; NOW KNOW YE, That for and in consideration of the said Sum for and on Our behalf,
well and truly paid into the Colonial Treasury of Our said Territory, before these Presents are issued,
And in further consideration of the Quit -Rent hereinafter Reserved, We with the ad vice of OUR
EXECUTIVE COUNCIL OF NEW SOUTH WALES, have granted, and for Us, Our Heirs and
Successors, DO HEREBY GRANT unto the said Alexander Beaton. His Heirs and Assigns,
Subject to the several and respective Reservations herinafter mentioned ALL THAT Piece or Parcel
of Land in Our said Territory, containing by Admeasurement Forty five acres
be the same more or less, situated in the County of Clarence
and Parish unnamed at Smith’s Flats,
Clarence River, portion ten, commencing on the South side of a road one chain wide at the
North West corner of portion seven, and bounded thence on the East by the West boundary
line of that bearing South forty one chains to a road one chain wide, on the South by the North
side of that road dividing it from portion eleven, bearing West eleven chains ; on the West by
the East boundary li ne of portion thirteen bearing North forty one chains to the first
mentioned road; and on the North by the South side of that road dividing it from a Water
Reserve bearing East eleven chains to the point of commencement. Being the land sold as Lot
6 in pursuance of the proclamation of 28th February , 1859.
With all the Rights and Appurtenances whatsoever thereto belonging TO SOLD unto the said
Alexander Beaton his Heirs and Assigns for ever, Yielding and Paying therefore Yearly unto Us,
Our Heirs and Successors, the Quit-Rent of One Peppercorn for ever , if demanded;
Provided Nevertheless, AND WE DO HEREBY RESERVE Unto Us, Our Heirs and Successors,
all such parts and so much of the said land as may hereafter be required for making Public Ways,
Canals, or Railroads, in, over, and through the same, to be set out by Our Governor for the time
being of Our said Territory, or some person by him authorised in that respect; and also, all sand ,
clay, stone, gravel, and Indigenous Timber, and all other materials, the natural produce of the said
Land, which may be required at any time or times hereafter, for the construction and repair of any
Public Ways, Bridges, Canals, and Railroads, or any Fences, Embankments, Dams, Sewers, or
Drains, necessary for the same, together with the right of taking and removing all such Materials;
AND WE DO HEREBY FURTHER RESERVE unto Us, Our Heirs and Successors, the right of
full and free ingress, egress, and regress, into, out of, and upon the said Land, for the several
purposes aforesaid:
In Testimony Whereof, We have caused this Our Grant to be Sealed with the Seal of Our said
Territory.
Witness our Trusty and Well -beloved Sir William Thomas Denison, Knight Commander of the
Most Honourable Order of the Bath, Governor General in and over all Our Colonies of New
South Wales, Tasmania, Victoria, South Australia, and Western Australia, and Captain
General and Governor -in-Chief of Our Territory of New South Wales aforesaid, this Twenty
fourth day of August in the Twenty Third Year of Our Reign; And in the Year of Our Lord
One Thousand eight hundred and fifty nine. Signed W.D.Denison.

Land Purchase — 310

59/1746
NEW SOUTH WALES
County :Clarence A LAND PURCHASE
Parish: Unnamed
Date of Purchase: 12th April, 1859.
Area :63 Acres Victoria, by the Grace of God, of the United Kingdom of
Great Britain and Ireland, Queen, Defender of the Faith,
and so forth :-
TO ALL to whom these Presents shall come, Greeting :-
WHERAS in conformity with the Regulations now in force for the Sale of Crown Lands in Our
Territory of NEW SOUTH WALES,
Alexander Beaton of Tenterfield.
Land hereinafter described , for the Sum of Eighty One pounds eighteen shillings Sterling;
NOW KNOW YE, That for and in consideration of the said Sum for and on Our behalf, well and
truly paid into the Colonial Treasury of Our said Territory, before these Presents are issued, And in
further consideration of the Quit -Rent hereinafter Reserved, We with the ad vice of OUR
EXECUTIVE COUNCIL OF NEW SOUTH WALES, have granted, and for Us, Our Heirs and
Successors, DO HEREBY GRANT unto the said Alexander Beaton. His Heirs and Assigns,
Subject to the several and respective Reservations herinafter mentioned ALL THAT Piece or Parcel
of Land in Our said Territory, containing by Admeasurement Sixty three acres
be the same more or less, situated in the County of Clarence
and Parish unnamed at Smith’s Flats,
Clarence River, portion nine, commencing at boundary line of that portion and it’s Northerly
prolongation being a line in all bearing North twenty five chains on the North by a line bearing
West twenty three chains to a road one chain wide on the West by the East side of that road
dividing it from part of portion fourteen bearing South thirty chains to another road one
chain wide, on the South by the North side of that road dividing it from portionfrom a Water
Reserve bearing East eleven chains to the point of commencement. Being the land sold as Lot
5 in pursuance of the proclamation of 28th February , 1859.
With all the Rights and Appurtenances whatsoever thereto belonging TO SOLD unto the said
Alexander Beaton his Heirs and Assigns for ever, Yielding and Paying therefore Yearly unto Us,
Our Heirs and Successors, the Quit-Rent of One Peppercorn for ever , if demanded;
Provided Nevertheless, AND WE DO HEREBY RESERVE Unto Us, Our Heirs and Successors,
all such parts and so much of the said land as may hereafter be required for making Public Ways,
Canals, or Railroads, in, over, and through the same, to be set out by Our Governor for the time
being of Our said Territory, or some person by him authorised in that respect; and also, all sand ,
clay, stone, gravel, and Indigenous Timber, and all other materials, the natural produce of the said
Land, which may be required at any time or times hereafter, for the construction and repair of any
Public Ways, Bridges, Canals, and Railroads, or any Fences, Embankments, Dams, Sewers, or
Drains, necessary for the same, together with the right of taking and removing all such Materials;
AND WE DO HEREBY FURTHER RESERVE unto Us, Our Heirs and Successors, the r ight of
full and free ingress, egress, and regress, into, out of, and upon the said Land, for the several
purposes aforesaid:
In Testimony Whereof, We have caused this Our Grant to be Sealed with the Seal of Our said
Territory.
Witness our Trusty and Well -beloved Sir William Thomas Denison, Knight Commander of the
Most Honourable Order of the Bath, Governor General in and over all Our Colonies of New South
Wales, Tasmania, Victoria, South Australia, and Western Australia, and Cap tain General and
Governor -in-Chief of Our Territory of New South Wales aforesaid, this Twenty fourth day of
August in the Twenty Third Year of Our Reign; And in the Year of Our Lord One Thousand
eight hundred and fifty nine.
Signed W.D.Denison.

Land Purchase — 311

59/1747
NEW SOUTH WALES
County :Clarence A LAND PURCHASE
Parish: Unnamed
Date of Purchase: 12th April, 1859.
Area :41 Acres Victoria, by the Grace of God, of the United Kingdom of
Great Britain and Ireland, Queen, Defender of the Faith,
and so forth :-
TO ALL to whom these Presents shall come, Greeting :-
WHERAS in conformity with the Regulations now in force for the Sale of Crown Lands in Our
Territory of NEW SOUTH WALES,
Alexander Beaton of Tenterfield.
Land hereinafter described , for the Sum of Eighty six pounds two shillings Sterling;
NOW KNOW YE, That for and in consideration of the said Sum for and on Our behalf, well and
truly paid into the Colonial Treasury of Our said Territory, before these Presents are issued, And in
further consideration of the Quit -Rent hereinafter Reserved, We with the ad vice of OUR
EXECUTIVE COUNCIL OF NEW SOUTH WALES, have granted, and for Us, Our Heirs and
Successors, DO HEREBY GRANT unto the said Alexander Beaton. His Heirs and Assigns,
Subject to the several and respective Reservations herinafter mentioned ALL THAT Piece or Parcel
of Land in Our said Territory, containing by Admeasurement Forty one acres
be the same more or less, situated in the County of Clarence
and Parish unnamed at Smith’s Flats,
Clarence River, portion seven , commencing on the North side of a road one chain wide at the
South West corner of portion four, and bounded thence on the East by the West boundary
line of that portion bearing North forty one chains to a road one chain wide, on the North by
that road dividing it from part portion eight, bearing West ten chains ; on the West by the
East boundary line of portion ten bearing South forty one chains to the first mentioned road;
and the South by that road dividing it from portion six, bearing East ten chains to the point
of commencement.
Being the land sold as Lot 6 in pursuance of the proclamation of 28th February , 1859.
With all the Rights and Appurtenances whatsoever thereto belonging TO SOLD unto the said
Alexander Beaton his Heirs and Assigns for ever, Yielding and Paying therefore Yearly unto Us,
Our Heirs and Successors, the Quit-Rent of One Peppercorn for ever , if demanded;
Provided Nevertheless, AND WE DO HEREBY RESERVE Unto Us, Our Heirs and Successors,
all such parts and so much of the said land as may hereafter be required for making Public Ways,
Canals, or Railroads, in, over, and through the same, to be set out by Our Governor for the time
being of Our said Territory, or some person by him authorised in that respect; and also, all sand ,
clay, stone, gravel, and Indigenous Timber, and all other materials, the natural produce of the said
Land, which may be required at any time or times hereafter, for the construction and repair of any
Public Ways, Bridges, Canals, and Railroads, or any Fences, Embankments, Dams, Sewers, or
Drains, necessary for the same, together with the right of taking and removing all such Materials;
AND WE DO HEREBY FURTHER RESERVE unto Us, Our Heirs and Successors, the right of
full and free ingress, egress, and regress, into, out of, and upon the said Land, for the several
purposes aforesaid:
In Testimony Whereof, We have caused this Our Grant to be Sealed with the Seal of Our said
Territory.
Witness our Trusty and Well -beloved Sir William Thomas Denison, Knight Commander of the
Most Honourable Order of the Bath, Governor General in and over all Our Colonies of New South
Wales, Tasmania, Victoria, South Australia, and Western Australia, and Cap tain General and
Governor -in-Chief of Our Territory of New South Wales aforesaid, this Twenty fourth day of
August in the Twenty Third Year of Our Reign; And in the Year of Our Lord One Thousand
eight hundred and fifty nine. Signed W.D.Denison

Land Purchase — 312

59/1748
NEW SOUTH WALES
County :Clarence A LAND PURCHASE
Parish: Unnamed
Date of Purchase: 12th April, 1859.
Area :38 Acres 3 Roods Victoria, by the Grace of God, of the United Kingdom of
Great Britain and Ireland, Queen, Defender of the Faith,
and so forth :-
TO ALL to whom these Presents shall come, Greeting :-
WHERAS in conformity with the Regulations now in force for the Sale of Crown Lands in Our
Territory of NEW SOUTH WALES,
Alexander Beaton of Tenterfield.
Land hereinafter described , for the Sum of One hundred and sixteen pounds five shillings
Sterling; NOW KNOW YE, That for and in consideration of the said Sum for and on Our behalf,
well and truly paid into the Colonial Treasury of Our said Territory, before these Presents are issued,
And in further consideration of the Quit -Rent hereinafter Reserved, We with the ad vice of OUR
EXECUTIVE COUNCIL OF NEW SOUTH WALES, have granted, and for Us, Our Heirs and
Successors, DO HEREBY GRANT unto the said Alexander Be aton. His Heirs and
Assigns,Subject to the several and respective Reservations herinafter mentioned ALL THAT Piece
or Parcel of Land in Our said Territory, containing by Admeasurement Thirty eight acres , three
roods be the same more or less, situated in the County of Clarence
and Parish unnamed at Smith’s Flats, Clarence River, portion four, commencing on the South
side of a road one chain wide at the North East corner of portion seven, and bounded thence
on the North by that road dividing it from part of portion eight, bearing East ten chains; on
the East by a line forming partly the West side of a road one chain wide dividing it from
portion three, bearing South forty one chains to another road one chain wide; on the South
by that road dividing it from portion five bearing West ten chains; and on the West by the
East boundary line of portion seven aforesaid bearing North forty one chains to the point of
commencement.
Exclusively of a road fifty links wide from Grafton to the Upper Clarence passing through
this land in a North Westerly direction from the South East to the North West corner thereof,
the area of which has been deducted from the total area.
Being the land sold as Lot 1 in pursuance of the proclamation of 28th February , 1859.
With all the Rights and Appurtenances whatsoever thereto belonging TO SOLD unto the said
Alexander Beaton his Heirs and Assigns for ever, Yielding and Paying therefore Yearly unto Us,
Our Heirs and Successors, the Quit-Rent of One Peppercorn for ever , if demanded;
Provided Nevertheless, AND WE DO HEREBY RESERVE Unto Us, Our Heirs and Successors,
all such parts and so much of the said land as may hereafter be required for making Public Ways,
Canals, or Railroads, in, over, and through the same, to be set out by Our Governor for the time
being of Our said Territory, or some person by him authorised in that respect; and also, all sand ,
clay, stone, gravel, and Indigenous Timber, and all other materials, the natural produce of the said
Land, which may be required at any time or times hereafter, for the construction and repair of any
Public Ways, Bridges, Canals, and Railroads, or any Fences, Embankments, Dams, Sewers, or
Drains, necessary for the same, together with the right of taking and removing all such Materials;
AND WE DO HEREBY FURTHER RESERVE unto Us, Our Heirs and Successors, the right of
full and free ingress, egress, and regress, into, out of, and upon the said Land, for the several
purposes aforesaid: In Testimony Whereof, We have caused this Our Grant to be Sealed with the
Seal of Our said Territory.
Witness our Trusty and Well -beloved Sir William Thomas Denison, Knight Commander of the Most
Honourable Order of the Bath, Governor General in and over all Our Colonies of New South Wales,
Tasmania, Victoria, South Australia, and Western Australia, and Captain General and Governor -in-Chief of
Our Territory of New South Wales aforesaid, this Twenty fourth day of August in the Twenty Third Year
of Our Reign; And in the Year of Our Lord One Thousand eight hundred and fifty nine. Signed
W.D.Denison.

Land Purchase — 313

61/1093 NEW SOUTH WALES
County :Clarence A LAND PURCHASE
Parish: Unnamed
Date of Purchase:18th Dec.1860.
Area :59 Acres 2 Roods Victoria, by the Grace of God, of the United
Kingdom of
Great Britain and Ireland, Queen, Defender of the Faith,
and so forth :-
TO ALL to whom these Presents shall come, Greeting :-
WHERAS in conformity with the Regulations now in force for the Sale of Crown Lands in Our
Territory of NEW SOUTH WALES,
Alexander Beaton of Smith’s Flats
Land hereinafter described , for the Sum of Sixty six pounds eighteen shillings and ninepence
Sterling;
NOW KNOW YE, That for and in consideration of the said Sum for and on Our behalf, well and
truly paid into the Colonial Treasury of Our said Territory, before these Presents are issued, And in
further consideration of the Quit -Rent hereinafter Reserved, We with the advice of OUR
EXECUTIVE COUNCIL OF NEW SOUTH WALES, have granted, and for Us, Our Heirs and
Successors, DO HEREBY GRANT unto the said Alexander Beaton. His Heirs and Assigns,
Subject to the several and respective Reservations herinafter mentioned ALL THAT Piece or Parcel
of Land in Our said Territory, containing by Admeasurement Fifty nine acres two roods be the
same more or less, situated in the County of Clarence
and Parish unnamed at Smith’s Flats,
Clarence River, portion Fourteen, commencing on the West side of a road one chain wide at
the East corner of portion fifteen, and bounded there on the East by the side of that road
dividing it from portion nine bearing North one chain, on the North by a line bearing next
twenty chains by the East boundary of portion twenty and part of the boundary of portion
nineteen being in all a line bearing South one chain, and on the South by the North boundary
line of lot fifteen aforesaid bearing East twenty chains to the point commenced. Exclusively of
the existing road one chain wide Grafton to the Upper Clarence passing through this land in
a North direction the area of which has been deducted from the Lot 1 area.
The land proclaimed as Lot 10 on the 28 th February , 1859 and selected to said Alexander
Beaton under the 123 Paragraph of the Registrations 182/3
With all the Rights and Appurtenances whatsoever thereto belonging TO SOLD unto the said
Alexander Beaton his Heirs and Assigns for ever, Yielding and Paying therefore Yearly unto Us,
Our Heirs and Successors, the Quit-Rent of One Peppercorn for ever , if demanded;
Provided Nevertheless, AND WE DO HEREBY RESERVE Unto Us, Our Heirs and Successors,
all such parts and so much of the said land as may hereafter be required for making Public Ways,
Canals, or Railroads, in, over, and through the same, to be set out by Our Governor for the time
being of Our said Territory, or some person by him authorised in that respect; and also, all sand ,
clay, stone, gravel, and Indigenous Timber, and all other materials, the natural produce of the said
Land, which may be required at any time or times hereafter, for the construction and repair of any
Public Ways, Bridges, Canals, and Railroads, or any Fences, Embankments, Dams, Sewers, or
Drains, necessary for the same, together with the right of taking and removing all such Materials;
AND WE DO HEREBY FURTHER RESERVE unto Us, Our Heirs and Successors, the right of
full and free ingress, egress, and regress, into, out of, and upon the said Land, for the several
purposes aforesaid: In Testimony Whereof, We have caused this Our Grant to be Sealed with the Seal of
Our said Territory.
Witness our Trusty and Well-beloved SirJohn Young, Baronet, Knight Commander of the Most Honourable
Order of the Bath, Knight Grand Cross of our Most Distinguished Order of St.Michael and St George, Our
Captain General and Governor -in-Chief of Our Territory of New South Wales aforesaid,
this Twenty fourth day of July in the Twenty Fifth Year of Our Reign; And in the Year of Our Lord
One Thousand eight hundred and sixty one. Signed John Young

Conveyance — 314

494 Book 70 Conveyance
This Indenture made the Seventh day of one thousand eight hundred and sixty between Alexander
Beaton of Smith’s Flat Clarence River Farmer (hereinafter called Vendor) of the one part Kenneth
Matheson of the same place Farmer (hereinafter called purchaser) of the other part.
Whereas the said vendor hath contracted and agreed with the said Purchaser for the absolute ….
Him of the hereditaments hereinafter described and the freehold and inheritance thereof in fee …..
in possession free from incumbrances for the sum of Two hundre d and eighty four pounds five
shillings …. Said vendor - paid by the said Purchaser - on or immediately before the execution of
these …… (the receipt whereof the said Vendor doth hereby acknowledge) He the said vendor doth
by these presents grant bargain s ell alien and release unto the said Purchaser his heirs and assigns
..and singular the hereditaments described and set forth in the Schedule hereunder written Together
with all buildings yards gardens ways watercourses rights easements commodities and
appurtenances ….ever to the said hereditaments and premises belonging or in anywise aooertaining
or with the …. Or any part thereof now or heretofore held used or enjoyed And all the estate and
interest … said Vendor in the said hereditaments and premises and every part ….
To hold the said hereditaments and premises unto the said Purchaser his heirs and assigns To the
use of the said Purchaser his heirs and Assigns for ever It being hereby declared by the said
Purchaser that his widow shall not be entitled ….ower in or out o f the said premises or any part
thereof.
….. the said Vendor doth hereby for himself his heirs ….. and administrators covenant with the said
Purchaser his heirs and assigns .. not withstanding any act or thing by the said Vendor done or ……
or willingly suffered to the contrary the said Vendor now hath full power to release and convey the
said hereditaments and premises unto and ….. use of the said Purchaser his heirs and assigns in
manner aforesaid that ir shall be lawful for the said Purchaser his heirs and assigns at all times
hereafter ….. to hold and enjoy the said hereditaments and premises and to receive the rents and
profits …… and of every part thereof for his and their own use and benefit without any claim or
demand of the said Vendor or his heirs or any person or persons claiming under or in trust for him
them or any of them. And that free from all incumbrances And that the said Vendor his heirs and
all persons claiming any estate right title or interest at law or in Equity in the said hereditaments
and premises or any of them under or in trust for him or them will at all times upon the request and
at the costs of the said Purchaser his heirs do execute and perfect all such further acts and assurances
for the further and more perfect the said hereditaments and premises unto the said Purch aser his
heirs or assigns as or them or his or their Counsel shall be required or advised. In Witness whereof
the said parties to these presents have hereunto set their hands and seals the day month year first
before written.
Signed Sealed and Delivered in the presence of H.Barker Solicitor Grafton. Signed: Alexr Beaton.
Schedule above referred to

Conveyance — 315

All that parcel of land containing by admeasurement thirty eight acres three roods be the same more
or less situated in the County of Clarence and Parish …. At Smith’s Flats Clarence River Portion
four commencing on the South Side road one chain wide at the North East corner of Portion Seven
and bounded then on the North by that road dividing it from part of Portion eight bearing East ten
chains …the East by a line forming partly the West side of a road one chain wide dividing ….Portion
three bearing South forty one chains to another road one chain wide on the South that road dividing
it from Portion Five bearing West ten chains and on the West by …boundary line of Portion seven
aforesaid bearing North forty one chains to the point of commencement exclusively of a road fifty
links wide from Grafton to the Upper Clarence passing through this land in a North Westerly
direction from the South East….. North West corners thereof the area of which has been deducted
from the total …… Also all that parcel of land containing by admeasurement forty one acres being
more or less situ ated in the County and Parish aforesaid at Smith’s Flats Clarence River Portion
seven commencing on the North side of a road one chain wide at the South West corner of Portion
four and bounded thence on the East by West boundary line of that portion bearing North forty one
chains to a road one chain wide on the North by that road dividing it from part of Portion eight
bearing West ….. on the West by the East boundary line of Portion ten bearing South forty one
chains … the first mentioned road and on the South by that road dividing it from portion … bearing
East ten chains to the point of commencement Also all that parcel of land containing by
admeasurement sixty three acres be the same more or less situated in County and Parish aforesaid
at Smith’s Flats Cl arence River Portion nine commencing on the left bank of a creek at a point
bearing North and distant five chains from the West corner of Portion eight and bounded thence on
the East by part of the West …. In line of that portion and its Northerly prolongation being a line in
all bearing North twenty five chains on the North by a line bearing West twenty three chains to ….
Road one chain wide on the West by the East side of that road dividing it from part of Portion
fourteen bearing South thirty chains to another road one chain wide on the South by the North side
of that road dividing it from Portion thirteen at least twelve chains to a Water Reserve again on
the East by the West boundary reserve and its Northerly continuation across the creek by the West
boundary of reserve and its Northerly continuation across the creek aforesaid being in all a …
bearing North five chains and thence again on the South by that creek downward to the point of
commencement. Alexr Beaton
Received the day and year first within written from the within named Kenneth Matheson the sum
of Two hundred and eighty four pounds five shillings being the consideration within expressed
to be paid to me 284.5.0 Witness H.Barker Signed by Alexr Beaton.
Grafton to wit.
On the seventh day of December one thousand eight hundred and sixty Thomas Sanders
Swindells of Grafton being duly sworn maketh and saith as follows the above and preceding
page contain a true copy of the original Deed. The signature “Alexr Beaton” at the foot of the
preceeding page is proper handwriting of Alexander Beaton one of the parties to the said
Deed.
Sworn by the De.. onent on the day first above mentioned at Grafton before me
Thos.S.Swindells
H.Barker
A Commissioner for Affidavits.
Received into the office for Registry of Deeds at Sydney the 18th day of December A D1860 at
10 minutes past 12 o’clock in the after noon from Hugh Barker of Grafton Solicitor.

Mortgage — 316

Morgage Book 103 No 494
This Indenture made the seventh day of May in the year of Our Lord one thousand eight hundred and
sixty seven Between Alexander Beaton of Copmanhurst Clarence River in the colony of New South
Wales. Farmer (hereinafter called the Mortagor) of the one part and Stephen Buchan o f Eatonswill
near Grafton Clarence River aforesaid Gentleman (hereinafter called the mortgagee) of the other part.
Witnesseth that for and in consideration of the sum of four hundred pounds of lawful English money by
the said Mortagee to the said Mortgagor in hand and advanced and paid in the execution hereof (the receipt
whereof is hereby acknowledged) He the said Mortgagor Doth hereby grant bargain sell alien transfer and
release unto the said Mortagee and his heirs All that piece or parcel of land in the colony aforesaid containing
by admeasurement forty five acres be the same more or less situated in the County of Clarence at Smith’s
Flat Clarence River Portion ten , commencing on the South side of a road one chain wide at the North West
corner of portion seven, and bounded thence on the East by the West boundary line of that bearing South
forty one chains to a road one chain wide, on the South by the North side of that road dividing it from portion
eleven, bearing West eleven chains ; on the West by the East boundary line of portion thirteen bearing North
forty one chains to the first mentioned road; and on the North by the South side of that road dividing it from
a Water Reserve bearing East eleven chains to the point of commencement.
And also that piece or parcel of land in the colony all that piece or parcel of land in our said territory,
containing by admeasurement forty nine acres be the same more or less, situated in the County of Clarence
and Parish unnamed at Smith’s Flats, Clarence River, portion thirteen, commencing on the North side of a
road one chain wide at the South West corner of portion ten, and bounded thence on the East by the West
boundary line of that bearing North forty one chains to a road one chain wide, on the North by the South side
of that road dividing it from portion nine, bearing West twelve chains to another road one chain wide, on the
West by the East side of that road dividing it from portions fifteen and sixteen bearing South forty one chains
to the first mentioned road, and on the South by the North side of that road dividing it from portion twelve
bearing East twelve chains to the point of commencement.
And also all that Piece or Parcel of Land in Our said Territory, containing by Admeasurement Fifty nine
acres two roods
be the same more or less, situated in the County of Clarence and Parish unnamed at Smith’s Flats, Clarence
River, portion Fourteen, commencing on the West side of a road one chain wide at the East corner of
portion fifteen, and bounded there on the East by the side of that road dividing it from portion nine bearing
North one chain, on the North by a line bearing next twenty chains b y the East boundary of portion twenty
and part of the east boundary of portion nineteen being in all a line bearing South one chain, and on the South
by the North boundary line of lot fifteen aforesaid bearing East twenty chains to the point commenced.
Exclusively of the existing road one chain wide Grafton to the Upper Clarence passing through this land in
a North westerly direc tion the area of which has been deducted from the total area together with the
…….tenements buildings and erections thereon erected and built. And together also with all houses,
buildings …… fences ways waters watercourses rights easements commodities privileges and appurtenances
whatsoever. In the said here ……… or any part thereof in any way belonging or appertaining or therewith
here before at any time held lived or enjoyed. And all the estate and interest of him the said Mortgagor in
law or in equity of in or to the said heredilaments and every part thereof. To hold the said heredilaments and
premises and every part thereof with the appurtenances unto the said Mortagee his heirs and assigns for ever.
Subject Nevertheless to the provision or condition for the redemption of the said heredilaments and premises
hereinafter contained that is to say provided always and it is hereby declared and agreed by and between the
said parties to these present that it the said Mortgagor his heirs executors administrato rs or assigns shall on
the seventh day of May in the year one thousand eight hundred and seventy one pay or cause to be paid
, unto the said Mortgagee his executors administrators or assigns the principal sum of four hundred pounds
with interest for the sa me in the meantime after the rate of fourteen pounds per centum per annum
payable in advance on the seventh day of May in each year (the first payment having been made on the
day of the date of these presents) without any deduction or abatement whatsoever then the said Mortgagee
his heirs or assigns shall and will at the request costs and charges of the said Mortgagor his heirs execut or
administrator or assigns reconvey and measure the said heredilaments and premises with the appurtenances
( free from all ….. or incumbrances by the said Mortgagee his heirs executors administrators or assigns)
unto, and to the use of the said Mortgagor his heirs and assigns or as he or they may direct Provided also and
it is hereby further declared and agreed that in case default shall be made in payment of the said sum for four
hundred pounds or the interest thereof or any part thereof at the times and in manner hereinbefore mentioned
it shall be lawful for the said mortgagee his executors administrators or assigns immediately thereupon or at
any time after such default as aforesaid (without the necessity of any consent or concurrence of the person

Mortgage — 317

or persons to whom the equity of redemtion of the said heredilaments and premises shall for the time belong
to enter into the possession of the said heredilaments and premises or into the receipt of the annual rents and
profits thereof and the arrears (if any) of the said rents and to retain such possession or continue in such
receipt so long as he or they shall think fit or in his or their discretion to waive or relinguish the same he or
they giving due notice to the said Mortgagor his heirs or assigns of such relinguishment and during such
possession or receipt as aforesaid to adjust and ….. with the tenant and occupier of the said heredilaments
and premises all accounts respecting their past and accruing rents and to make any reasonable allowances
for or on account thereof and if deemed expedient to accept .. ……… for the same ……………..either
from year to year or for any period not exceeding twenty one years to be completed from the time of such
telling and upon such terms and conditions as the person or persons for the time being letting the same shall
deem reasonable, the whole or any part of the said heredilaments and premises Provided also and it is hereby
further declared and agreed that in case such default shall be made as aforesaid it shall be lawful for the said
Mortgagee his executors administrators or assigns (without the necessity of any consent or occurrence as
aforesaid and not withstanding the Acceptance of interest and whether he or they shall not have entered into
the possession or receipt of the rents and profits or demised or let the said heredilaments and premises or any
part (thereof as aforesaid ) to sell the said heredilaments and premises or any part thereof either together or
in parcels and either by public auction or private con tract and for such price or prices and subject to such
conditions or stipulations relative to the title or to the mode or time of the payment of the purchase money
and other matters and things relating to the said heredilaments and premises or to the sale thereof as the said
Mortgagee his executors administrators or assigns shall in his or their absolute discretion judge expedient
and with full power to buy in the said heredilaments and premises or any part thereof at any auction or
auctions.
And also to rescind or alter the terms of any contract for sale and afterwards to resell the said heredilaments
and premises or any part thereof by public auction or private contract without being answerable for any loss
or diminution in the price or value of the premises so resold. And to convey and assure the said heredilaments
and premises so to be sold aforesaid or as the case may require cause the same to be conveyed and assigned
to the purchaser or purchaser thereof his her or their heirs and assigns or as he she or they shall direct And
shall receive the monies so to arise from any such sale and shall stand possessed thereof, and also of the
monies to arise from such demising and letting as aforesaid and also of the rents and profits which shall come
to his or their hands by virtue of the presents UPON Trust in the first place to pay or retain and satisfy unto
himself and themselves all costs and expenses of and attending ant such sale or such demising or letting as
aforesaid or the receipt or recovery of such rents and profits as aforesaid or which shall have been incurred
by him or them in obtaining the possession of or any contract for sale of the said heredilaments and premises
and all other expenses incurred or arising in the execution of the powers hereinbefore contained or otherwise
in relation thereto or to these presents And in the next place to pay or retain and satisfy all monies then due
or owing or secured (whether actually due or not) by virtue of these presents rendering the residue or surplus
(if any) to the said Mortgagor his heirs executors administrators or assigns And it is hereby further declared
and agreed and the said Mortgagor expressly directs that every receipt which shall be given by the said
Mortgagee his executive administrator or assigns to any purchaser lessee or tenant his her or their respective
heirs executors administrators or assigns shall exempt such purchaser lessee or tenant his her or their
respective heirs executors administrators or assigns from all liability in r espect of the application of such
monies respectively and such purchasers lessees and tenants respectively his her or their respective heirs
executors administrators or assigns shall not be obliged or concerned to enquire whether any such default
has been made as aforesaid not be affected by any irregularity in such sale or sales demising or letting
whether he she or they shall or shall not have had notice of such irregularity And the said Mortgagor for
himself his heirs executors and administrators doth he reby covenant with the said Mortagee his heirs and
assigns That the said mortgagor his heirs executors or administrators will pay to the said Mortgagee his
executors administrators or assigns the sum of four hundred pounds and interest after the rate at the times
and in manner aforesaid And that he has good right to convey and assure the said heredilaments and premises
with the appurtances in manner aforesaid And that the said heredilaments and premises and every part
thereof shall at all times after such default as aforesaid be peaceably held and enjoyed by the said Mortgagee
his said heirs and assigns without any interruption or demise whatsoever And that free from all former and
other estates rights titles and incumbrances whatsoever And further tha t he the said Mortgagor and every
person whomsoever claiming any estate right title or interest at law or in equity into or out of the said
heredilaments and premises or any part thereof will at all times hereafter at the request of the Mortgagee his
heirs executors administrators or assigns (until the said heredilaments and premises shall be sold and
conveyed under the power of sale hereinbefore contained or the equity of redemption thereof absolutely
foreclosed and afterwards as to the premises sold at the cost of the purchaser or purchasers thereof his her or

Mortgage — 318

their heirs and assigns)make do execute and perfect every such ad deed conveyance or assurance for more
effectually assuring the said premises unto and to the use of the said Mortgagee his heirs and assigns subject
as aforesaid or unto the purchaser or purchasers of the several premises or any part thereof under the power
of sale hereinbefore contained his her or their heirs and assigns freed and discharged from all right or equity
of redemption whatsoever or otherwise as by the said Mortagagee his heirs ex ecutors administrators or
assigns or by such purchasers or purchaser as aforesaid his her or their heirs or assigns or their respective or
any of their-counsel in the law shall be reasonably devised or advised and required And moreover that the
said Mortgagor his heirs executors administrators or assigns shall and will at his or their own costs during
the continuance of this security keep all messages and other buildings for the time being comprised in this
security in good and tenantable repair in all respects and in case default shall be made in performance of the
covenant and lastly hereinbefore contained as regards repairs and if the said Mortgagee his heirs executors
administrators or assigns shall make the said repairs then the said Mortgagor his heirs executors
administrators or assigns shall and will on demand thereof repay to the said Mortgagee his heirs executors
administrators or assigns such monies as he or they shall have expended in or about such repairs with interest
for the same after the rate aforesaid for the time or respective times of saying out or expending the same and
all such monies and interest shall if not paid on demand be a charge upon the said premises and be recoverable
in the same manner as the principal monies and interest hereb y incurred. Provided always that in the
meantime until default shall be made in the observance of any of the covenants and agreements hereinbefore
contained it shall be lawful for the said Mortgagor his heirs and assigns to hold and enjoy the said
heredilaments and premises without any interruption from the said Mortgagee his heirs executors
administrators or assigns or any person claiming under him or them But no purchaser or lessee shall be
affected by this provision
In witness whereof the said parties to these presents have hereunto subscribed and set their hands
and seals the day and year first above written. Signed sealed and delivered by the said Alexander
Beaton in the Presence of MHolberton Alexr Beaton
Received on the day first within mentioned to and from the within named Mortgagee the sum of four
hundred pounds being the consideration within expressed to be paid by him to me. ABeaton Witness
M Holberton.
On the fourteenth day of May in the year one thousand eight hundred and sixty seven William Beer
Holberton of Grafton Clarence river in the colony of New South Wales Writing Clerk being duly
sworn makes oath and saith as follows-
1. This and the foregoing page contain and are a true copy of the original Indenture of Mortgage of
which they purport to contain and be a copy.
2. The name or signature “Alexr Beaton” set or subscribed to the foregoing page is of the proper
handwriting of Alexander Beaton one of the parties to the said original indenture.
Sworn by the deponent on the day first herein mentioned at Grafton aforesaid before me. James L
Michael Commissioner for Affidavits
Received into the office for the registration of Deeds at Sydney this twentieth day of May A.D. 1867 at
five minutes to one o’clock in the afternoon from Henry Levy of Sydney. E.Ward Deputy Registrar
General.
597 Book 144 Conveyance
This indenture made the twentieth day of August in the year of our Lord one thousand eight hundred and
seventy four Patrick Riddle Donaldson Grafton in the Colony of New South Wales Surveyor of the first

Conveyance — 319

part Alexander Beaton of Copmanhurst Clarence River in the said Colony Farmer of the second part and
William Morrison of Copmanhurst aforesaid Farmer of the other part Wheras by an Indenture dated the
Twenty Third day of October one thousand eight hundred and seventy two made between the said Alexander
Beaton thereinafter designated Mortgagor of the one part the said Patrick Riddle Donaldson (thereinafter
designated Mortgagee) of the part the land and heralditaments therein and hereafter described were
Consideration of Two hundred pounds by the said Mortgagee advances to the said Mortgagor granted and
otherwise assured by the said Mortgagor unto and to the use of the said Mortgagee his heirs and assigns
subject to a proviso therein contained for Redemption a nd Reconveyance of the said heraditaments and
premises upon payment by the said Mortgagor his heirs executors administrators and assigns unto the said
Mortgagee his executors administrators or assigns of the said sum of Two hundred pounds with interest
thereon after the rate and at times therein mentioned.
And Wheras the said sum of Two hundred pounds with twenty pounds for interest still owing on the
hereinbefore recited Indenture And Whereas the said Alexander Beaton has contracted and agreed with the
said William Morrison for the absolute sale to him of the said land and hereditaments and the inheritance in
fee simple in possession free from incumbrances at or for the price of sum of two hundred and twenty pounds
And Wheres upon the treaty for the said sale it was agreed that the said sum of Two hundred an d twenty
pounds should be paid to the said Patrick Riddle Donaldson in satisfaction of the said Mortgage debt Now
this Indenture witnesseth that in pursuance of the said agreement and in consideration of the sum of Two
hundred and twenty pounds sterling this day paid to the said Patrick Riddle Donaldson by the said William
Morrison at the request and by the direction of the said Alexander Beaton testified by his being a party to
and executing these presents (the receipt whereof is hereby acknowledged) The s aid Patrick Riddle
Donaldson at the request and by the direction of the said
Alexander Beaton (testified as aforesaid) doth hereby grant alein and release and the said Alexander Beaton
doth bargain sell and release unto the said William Morrison and his heirs All that peice of parcel of land in
the said Colony containing by admeasu rement forty nine acres be the same more or less situated in the
County of Clarence Parish unnamed at Smith’s Flats.
Clarence River Portion thirteen commencing on the North side of a road one chain wide at the South West
corner of Portion and bounded thence on the East by the West boundary line of that portion bewiring doth
forty one chains to a Road one chain wide on th e North by the South side of that Road dividing it from
Portion Nine bewiring West twelve chains to another Road one chain wide on the West by the East side of
that road dividing it from Portions fifteen and sixteen bearing South Forty one chains to the first mentioned
Road and on the South by the North side of that Road dividing it from portion twelve bearing East twelve
chains to the point of Commencement Together with all Buildings fences …. Rights of way rights mem
casements and appurtenance thereunto belonging and all the Estate right title and interest both at law and
Equity of the said Patrick Riddle Donaldson and Alexander Beaton into and out of the said herediament and
premises and every part hereof To have To hold the hereditaments and premises h ereby assured and
expressed so to be with the appurtenances unto and To the use of the said William Morrison his heirs and
assigns forever absolutely discharged from the said Mortgage debt of Two hundred and twenty pounds and
the interest for the same and all Claims and demands on account thereof And the said Patrick Riddle
Donaldson doth hereby for himself his heirs executors and administrators Covenant with the said William
Morrison his heirs executors administrators and assigns That he the said Patrick Riddle Donaldson hath not
at any time heretofore made done or committed or knowingly suffered or been party or privy to any act deed
matter or whereby the said hereditiments and premises or any part hereof are is on shall or may be
incumbered or prejudicially affected in any manner howsoever And the said Alexander Beaton doth hereby
for himself his heirs executors administrators Covenant with the said William Morrison his heirs executors
administrators and assigns That notwithstanding any act deed or thing by the said Alexander Beaton and the
said Patrick Riddle Donaldson now have or one of the hath good right to grant and release the hereditments
and premises hereby granted and released or expressed so to be unto and to the use of the said William
Morrison his heirs and assigns in manner aforesaid And that the same are free from all charges and
incumbrances whatsoever made or occasioned by the said Alexander Beaton and Patrick Riddle Donaldson
or either of their or either their heirs or any person claiming a ny estate or interest in the said hereditaments
and premises through under or in trust for them or him And that the said William Morrison his heirs
executors administrators and assigns shall and may at all times hereafter peaceably hold and enjoy the said
hereditaments and premises and receive the rents and profits hereof without any eviction claim or demand
from or by the said Alexander Beaton or Patrick Riddle Donaldson And also that the said Alexander Beaton
his heirs executors or administrators and all other persons having or lawfully equitably claiming any estate
or interest in the said hereditaments and premises or any part thereof from under or in trust for the said
Alexander Beaton or Patrick Riddle Donaldson or either of them shall and will at all times hereafter at the

Conveyance — 320

request and Cost of the said William Morrison his heirs executors administrators or assigns do and execute
or cause to be done and executed all such acts deeds Assurances and things for further and more satisfactory
assigning the said land and premises and every part thereof unto and to the use of the said William Morrison
and his heirs as shall or may be reasonably required.
In Witness whereof the said parties to these presents have hereunto set their hands and seals the day and
year first above written
Signed sealed and delivered by the said
Patrick Riddle Donaldson in the presence
Of
Signed sealed and delivered by the said
Alexander Beaton in the presence
Of
Received on the day and year first before written from the said William Morrison the sum of Two hundred
and twenty pounds sterling being the Consideration money before expressed to be paid by him to me -
(Signature) P.R.Donaldson.
In the Colony of New South Wales
On this twenty eight day of August in the year one thousand eight hundred and seventy four Edward John
Laman of Grafton in the Colony of New South Wales Attorneys Articled Clerk being duly sworn maketh
oath and saith:-
1. The writing contained on this and the two preceeding pages is a true copy of the
original deed of which it purporte to be copy.
2. The (signature) “P.R.Donaldson” inscribed at the foot of the first page hereof is of the
proper handwriting of Patrick Riddle Donaldson one of the parties to the said original
deed
Sworn by the Deponent on day first above mentioned (Signature)
At Grafton aforesaid before me. (Signature) A Commissioner for Affidavits
612 Book 124 Mortgage
This Indenture made the twentieth day of April in the year of our Lord One Thousand eight hundred
and seventy one. Between Alexander Beaton of Smith’s Flats in the colony of New South Wales
Farmer herein after throughout designated “The said Mortgagor” of the one part and George William
Neal of South Grafton in said colony Store Keeper hereinafter throughout designated “The said
Mortgagee”of the other part witnesseth that in consideration of the sum of Five Hundred and Fifty
pounds by the said Mortgagee advanced to the said Mortgagor before the execution hereof the recipt
whereif he doth hereby acknowledge He the said Motgagor Doth hereby for himself his heirs executors
and administrators covenant with the said mortgagee his executors administrators or assi gns will on
the twentieth day of July next pay to the ….. Motgagee his executors administrators or assigns the sum
of Five hundred and fifty pounds Sterling without any deduction and this Indenture further witnesseth
that in consideration of the premises a foresaid the said Mortgagor Doth hereby grant bargain sell
assign clear and confirm unto the said Mortgagee his heirs and assigns all and singular the Lands
hereditaments and premises respectively mentioned and described in the schedule hereto annexed or
hereunder written Together with all houses buildings ways waters watercourses caxments timber and
timber tree powers privileges rights members and ………….. whatsoever to the said hereditaments
and premises or any ….. thereof or to the said Mortgagor in respect thereof respectively belong in or
now or at any time herebefore held and enjoyed therewith or as …… ……… Thereto. And all the
estate and interest of the said Mortgagor therein and thereto respectively To have hold use and enjoy
the said lands hereditaments and premises hereinbefore expressed to be hereby granted and assured
unto the said Mortgagee his heirs and assigns To the use of the said Mortgagee his heirs and assigns
subject nevertheless to the proviso for redemption hereinwith contained. Provided always and it is
hereby agreed and declared that if the said Mortgagor his heirs and executors or administrators shall
on the Twentieth of July next pay unto the said Motgagee his heirs or assigns the sum of Five hundred
and fifty pounds without any deduction then the said Mortgagee his heirs executors administrators or
assigns shall any time thereafter upon the request and at the cost of the said Mortgagor his executors
administrators or assigns recover and reassign the said premises hereinbefore respectively expressed

Mortgage — 321

to be hereby granted and assured unto the said Mortgagor his heirs and assigns or other person or
persons entitled hereto according to his and their rights and interests therein respectively or as he or
they shall direct And the said Mortgagor Doth hereby for himself his heirs executors administrators
or assigns that if the said sum of Five hundred and fifty pounds or any part thereof shall remain unpaid
after the said Twentieth day of July next he the said Mortgagor his heirs executors administrators will
so long as the same sum or any part hereof shall remain unpaid pay to the said Mortgagee his heirs
executors administrators interest in advance for the said sum of Five hundred and fifty pounds or for
so much thereof as shall for the time remain unpaid at the rate of Twelve pounds per centum per
annum by equal quarterly payments on the Twentieth day of July the Twentieth day of October the
Twentieth day of January the Twentieth day of April in each and every year without any deduction
and will make the first of such payments on the Twentieth day of July next Also that the said Motgagor
his heirs and assigns shall and will during the continuance of this security preserve maintain and keep
the hereditaments and premises expressed to be hereby granted and assured and all buildings fences
and improvements now …… or to be erected thereon in good order repair and condition And that it
shall be lawful for the said Mortgagee his heirs executors administrators or assigns or his or their
Agents at all reasonable times during the continuance of the present security to enter into and upon
the said premises or any part thereof to view the state of the same and to give to the said Mortgagor
his heirs or assigns or lease on the said premises a notice in writing of any want of repair dilapidation
or other matter to be made remedied or set right and thereupon any repair is hereby declared and
agreed that it shall be lawful for the said Mortgagee his heirs executors administrators or assigns at
any time or times without any further consent of the said Mortgagor or of any other person to sell the
said hereditaments and premises expressed to be hereby granted and assured for the time being
subject to the present security or any part or parts thereof either together or in parcels and either by
public auction or private contract with power upon any such sale to make any stipulations as to title
or evidence thereof or otherwise which the said Mortgagee his executors administrators or assigns
shall think proper and also with power bein g in or rescind or vary any contract for sale and to sell
without being responsible for any loss occasioned thereby and fot the purposes aforesaid and any of
them to execute and do all such acts deeds matter and ….. As he or they shall think fit Provided always
and it is hereby agreed and declared that if the said Mortgagor his heirs executors administrators and
assigns shall in the mean time perform observe and keep the several covenants and agreements herein
contained and on his or their part to be performed observed and kept the said Mortgagee his executors
administrators or assigns shall not exercise the power of sale hereinbefore contained unless and until
default shall have been made in payment of the said sum of Five hundred and fifty pounds on the
Twentieth day of July next. Provided also and it id hereby further agreed and declared that if the said
Mortgagor his heirs executors or administrators shall on Twentieth day of July Twentieth day of
October Twentieth day of January Twentieth day of January Twentieth day of April in each and every
year until Twentieth day of …... April which will be in the year One thousand eight hundred seventy
seven pay to the said Mortgagee his executors administrators or assigns interest for the said principal
sum of Five hundred and fifty pounds at the rate and in the manner hereinbefore mentioned without
any deduction and shall in the meantime perform observe fulfil and keep all the covenants and
agreements hereinbefore contained and on the part of the said Mortgagor hi s heirs executors and
administrators to be performed observed fulfilled and ….. then the said Mortgagee his executors
administrators or assigns will not exercise the power of sale hereinbefore contained or otherwise
proceed to call in or enforce payment of the said principal sum of Five hundred and fifty pounds until
the said Twentieth April which will be in the said year One thousand eight hundred seventy seven
Provided also and it is hereby further agreed and declared valid shall not be lawful for the sa id
Mortgagor his heirs executors administrators or assigns to exercise the power of redemption
hereinbefore contained ot to institute any suit or proceeding for the redemption thereof or otherwise
to redeem the said mortgaged premises nor shall the said Mo rtgagee his executors administrators or
assigns to compellable to accept payment of the said principal sum of Five hundred and fifty pounds
or any part hereof or to reconvey the said Mortgaged premises or any part thereof until the said
Twentieth day of April One thousand eight hundred and seventy seven Provided also and it is hereby
further agreed and declared that upon any sale purporting to be made in persuance of the power
hereinbefore in that behalf contained the purchaser or purchasers shall not be bound to enquire into
the regularity or propriety of any such sale or whether any money remains due and owing on the
security of these presents or as to the necessity or expendience of the stipulations subject to which sale
shall have been made or otherwise as to the propriety or regularity in any such sale the same shall as
far as regards the safety and protection of the purchaser or purchasers be deemed to be within the

Mortgage — 322

aforesaif power in that behalf and be valid and effectual accordingly and the remedy of the said
Mortgagor his heirs executors administrators or assigns in respect of any breach of the clause or
proviso last hereinbefore contained or of any impropriety or irregularity whatsoever in ant such sale
shall be damages only And it is hereby also agreed and declared that upon any such sale or aforesaid
the receipt of the said Mortgagee his executors administrators or assigns for the purchase monies of
the premises sold shall effectually discharge the purchaser or purchasers therefrom or from being
concerned to see to the application or being answerable for any loss or misapplication thereof And it
is hereby further agreed and declared that the monies which shall be held upon trust in the first place
by and out of the same monies to pay all the costs and expenses in or about such sale or otherwise in
respect of the premises and in the next place to apply such monies or towards satisfaction of the monies
for the time b eing owing on the account these presents and to pay the surplus if any of such monies
which shall arise from such sale to the said Mortgagor or other person or persons entitled thereto
……… to his or their rights and interests is therein respectively Provided Also and it is hereby agreed
and declared that the said Mortgagee his executors administrators and assigns shall not be answerable
or accountable for any monies except what he or they shall actually receive or for any involuntary
losses which may happen in or about the exercise of the aforesaid power and trusts or any of them and
the said Mortgagor doth hereby for himself his heirs executors and administrators covenant with the
said Mortgagee his heirs executors and administrators and assigns that he the said Mortgagor now
has power to grant and assure the premises expressed to be hereby granted and assured unto the said
Mortgagee his heirs and assigns according to the true intent and meaning of these present Also that if
default shall be made in payment in principal sum hereby expressed to be secured or the interest for
the same or any part thereof respectively contrary to the true intent and meaning hereof it shall be
lawful for the said Mortgagee his heirs and assigns to enter into and upon all or any o f the said
premises and the same henceforth or any other person And that free and discharged from or otherwise
by the said Mortgagor his heirs and assigns to enter into and upon all or any of the said premises and
the same henceforth to hold and enjoy and to receive the rents issues and profits thereof respectively
without any interruption or disturbance by the said Mortgagor or any other person And that free and
discharged from or otherwise by the said Mortgagor his heirs executors or administrators ….. an d
against all estates incumbrances claims and demands whatsoever And further shall that said
Mortgagor and every person having …… any estate right title or interest in or to the said premises or
any of them will at all times hereafter at the costs of the said Mortgagor his heirs and assigns until sale
or foreclosure and afterwards of the person or persons requiring the same execute and do every such
assurances and thing for the further perfection and more assuring all or any of the said premises unto
the said Mortgagee his heirs or assigns according to the true meaning hereof as by him or them shall
be reasonably required In witness whereof the said parties to these presents have hereunto set their
hands and seals this day and year above written.
The Schedule to which the forgoing Deed refers.
All that piece or parcel of land in the Colony of New South Wales containing by admeasurement Forty
five acres be the same more or less situated in the County of Clarence and Parish unnamed at Smith’s
Flats Clarence River Portion ten commencing on the south side of a road one chain wide at the North
West corner of portion seven and bounded thence on the East by the west boundary line of that
portion bearing South forty one chains to a road one chain wide On the South ….. the North side of
that road dividing it from portion eleven bearing west eleven ch ains on the the west by the east

Mortgage — 323

boundary line of portion thirteen bearing North forty one chains to the first mentioned road and on
the North by the southside of that road dividing it from a water reserve bearing east eleven chains to
the point of commencement And also all that piece or parcel of land in said colony containing by
admeasurement fifty nine acres two roods be the same more or less situated in the County and Parish
aforesaid at Smith’s Flats Clarence River Portion fourteen Commencing on the West side of a road
one chain wide at the North East corner of Portion fifteen and bounded thence in the east by the west
side of that road dividing it from Portion nine bearing North thirty one chains on the North by a line
bearing West twenty chains On the West by the East boundary of Portion twenty and part of the east
boundary of portion nineteen being in all a line bearing South thirty one chains and on the South by
the North boundary line of Portion fifteen aforesaid bearing East twenty chains to the point of
commencement Exclusively of the existing road one chain wide from Grafton to the Upper Clarence
passing through this land in a North Westerly direction the area of which has been deducted from the
total area.
Signed sealed and delivered Alexr Beaton
by the said Alexander Beaton in the
presence of J.B.Holbertson
Received on the day and year first above mentioned of and from the
above mentioned George William Neal the sum of Five hundred and fifty pounds
Sterling being the consideration above referred to be paid by him to ……..
Witness J.R.Holbertson A. Beaton.
On the twenty sixth day of April in the year of our Lord One thousand eight hundred and seventy one
William Beer Holbertson of Grafton in the colony of New South Wales being duly sworn maketh oath
and saith as follows.
This and the foregoing page contain and are a true copy of the original Indenture of Mortgage of
which they purport to contain and be a copy.
Sworn by the deponent on the day first
above mentioned at Grafton aforesaid
before me.
James Page
A Commissioner for Affidavits
Received in the office of the Registrar General at Sydney this 10 th day of May A.D. 1871 at 10 mins
past 11 o’clock in the Forenoon from Eugene Gregory Flynn of Sydney.
Signed by Deputy Registrar.
924 Book 144 Conveyance
This Indenture made the twentieth day of April in the year of Our Lord one thousand eight hundred
and seventy four Between John Trepleton Wade of Solferino near Grafton in the Colony of New South
Wales ………………………… Alexander Beaton of Copmanhurst Clarence Ri ver in the Colony of
New South Wales ………………………..
part and William Morrison of the same place Farmer of the Third part Whereas ……..

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Indenture dated the twentieth day of April one thousand eight hundred and seventy four made
between the said Alexander Beaton (thereinafter designated Mortgagor) of the one part and George
William Neale (thereinafter designated Mortagee) of the other part the lands and ………. Therein and
hereinafter described were in consideration of Five hundred and Fifty pounds …..
the said Mortgagee advanced to the said Mortgagor granted and otherwise assured by the said
Mortgagor Unto and to the use of the said Mortgagee his heirs and assigns Subject to a Proviso therein
contained for redemption and Reconveyance of the said heredit aments upon ………… by the said
Mortgagor his heirs Executors administrators or assigns to the said Mortgagee his executors
administrators or assigns of the said sum of Five hundred and fifty pounds on the twentieth day of
July then next with interest thereo n after the rate and at the times therein mentioned And Whereas
by an Indenture dated the nineteenth day of October one thousand eight hundred and seventy two
and made between the said George William Neale of the one part and the said John Trepleton Wade
of the other part the said George William Neale in consideration of the sum of Five hundred and fifty
pounds paid to him by the said
John Trepleton Wade did thereby assign …… the said John Trepleton Wade his executors
administrators and assigns All that the said principal sum of Five hundred and fifty pounds secured
by the thereinbefore recited Indenture as aforesaid and all interest th enceforth to become due in
respect of the same and did also for the consideration aforesaid grant release and otherwise assure the
said lands and hereditaments Unto and to the use of the said John Trepleton Wade his heirs and
assigns for ever Subject to such right or equity of redemption as is now subsisting in the said premises
under or by ………. Of the hereinbefore recited Indenture And Whereas the said sum of Five hundred
and fifty pounds together with a further sum for interest and expenses is still owing one the
hereinbefore recited Indenture And Whereas the said Alexander Beaton has contracted and agreed
with the said William Morrison for the absolute sale to him the said land and hereditaments and the
inheritance thereof in .. …… in possession free from incumbrances at or for the price or sum of Five
hundred and fifty five pounds And Whereas upon the treaty for the said sale it was agreed that the
said sum of Five hundred and fifty five pounds should be paid to the said John Trepleton Wade NOW
This Indenture witnesseth that in pursuance of the said agreement and in consideration of the sum of
Five hundred and fifty five pounds this day paid to the said John Trepleton Wade by the said William
Morrison at the request and by the direction of the said Alexander Beaton testified by his being a party
to and executing these presents the receipt whereof is hereby acknowledged The said John Trepleton
Wade at the request and by the direction of the said Alexander Beaton (testified as aforesaid) Doth
hereby grant b argain sell and release And the said Alexander Beaton doth grant bargain sell and
release unto the said William Morrison and his heirs All that ….. or parcel of land in the said Colony
containing by admeasurement forty four acres be the ………….. more or less situated in the County
of Clarence and Parish unnamed at Smith’s Flats ……… portion ten (Commencing on the South side
of a road one chain wide at the North ……… of portion seven and bounded thence on the East by the
West boundary line of that portion bear ing South forty one chains to a road one chain wide On the
South by the North side of the road dividing it from portion eleven bearing West eleven chains On the
West by the East boundary line of portion thirteen bearing North forty one chains to the first
mentioned Road and on the …… by the South side of that road dividing it from a Water Reserve
bearing East eleven chains to point of commencement And Also All That piece or parcel of land in the
said Colony containing by admeasurement
Fifty nine acres two roods be the same more or less situated in the County of Clarence Parish unnamed
at Smith’s Flats Clarence River portion 14 Commencing on the West side of a road one chain wide at
the North East corner of portion fifteen and bounded on the East by the West side of that road dividing
it from portion nine bearing North thirty- one chains On the North by a line bearing West twenty one
chains On the West by the East boundary of portion twenty and part of the East bounary of portion
nineteen being …. In a line bearing South thirty one chains On the South by the North boundary line
of portion fifteen aforesaid bearing East twenty chains to the point of commencement Exclusively of
the existing … Read one chain wide from Grafton to the Upper Clarence passing through this land in
a North Westerly direction the area which has been deducted from the total area Together with all
buildings fences ways rights of way members casements and appurtenances therein belonging And all
the Estate right title an d interest both at Law and in Equity of them the said John Trepleton Wade
and Alexander Beaton into and out of the said hereditaments and premises and every part thereof To
have and hold the hereditaments and premises hereby granted and otherwise assured or expressed to
be with the appurtenances Unto and To the use of the said William Morrison his heirs and assigns
forever absolutely discharged from the said Mortgage debt of Five hundred and fifty pounds and the

Land Documents — 325

interest for the same and all claims and demands on accounts thereof And the said John Trepleton
Wade doth hereby for himself his heirs executors administrators and assigns covenant with the said
William Morrison his heirs executors administrators and assi gns That he the said John Trepleton
Wade hath not at any time heretofore made done or committed or known suffered or been party or
privy to any act deed matter or thing whereby the said hereditaments and premises or any part thereof
are is can shall or may be encumbered or prejudicially affected in any manner howsoever And the
said Alexander Beaton doth hereby for himself his heirs executors and administrators covenant with
the said William Morrison his heirs executors administrators and assigns That notwit hstanding any
act deed or thing by the said Alexander Beaton done or executed or knowingly suffered to the contrary
the said Alexander Beaton and the said John Trepleton Wade now have or one of them hath good right
to grant and release the hereditaments and premises hereby granted and released or express so to be
Unto and to the use of the said William Morrison his heirs and assigns for ever in manner aforesaid
And that the same are free from all charges and encumbrances whatsoever made or occasioned by the
said Alexander Beaton and John Trepleton Wade either of them their or either of their heirs or any
person claiming any estate or interest in the said hereditaments and premises through under or in
trust for them or him And that the said William Morrison his heirs executors administrators or assigns
Shall and may at all times hereafter peaceably hold and enjoy the said hereditaments and premises
and receive the rents and profits thereof without eviction claim or demand from or by the said
Alexander Beaton or John Trepleton Wade And Also that he the said Alexander Beaton his heirs
executors or administrators and all other persons having or lawfully or equitably claiming any estate
or interest in the said hereditaments and premises or any part thereof from un der or in trust for the
said Alexander Beaton or John Trepleton Wade or either of them shall and will at all times hereafter
at the request and cost of said William Morrison his heirs executors administrators or assigns do and
execute or cause be done and executed all such acts deeds assurances and things for further and more
satisfaction during the said hereditaments and premises and every part thereof Unto and to the use of
the said William Morrison his heirs or assigns as shall or may be reasonably required
In witness whereof the said parties to the presents have here unto set their hands and seals
John T. Wade Alexr Beaton
Signed Sealed and delivered by the said John Trepleton Wade and Alexander Beaton in the presence
of E.H.Allingham. Grafton
Received on the day and year first within written of and from the within named William Morrison the
sum of Five hundred and fifty five pounds being the consideration money above expressed to be paid
by him to me Signed by John T.Wade Witness E.Hallingham
Signed on 10th September 1874 as being a true copy : Joseph Meillon A.Comm