THE OLD WINDMILL MT GILEAD
The remains of the old windmill on Mount Gilead form a prominent land mark. They are visable to travellers on the main southern railway line, lying on the eastern side of it a few miles on the Sydney side of Menangle. The woodwork has quite disappeared, and the stonework is in a state of disrepair. The exact year when the windmill was erected is unknown; but it is supposed to have been in the region of 1832, since Thomas Rose, the builder, held this land between 1829 and 1837. Mr Rose was also the owner of the land in Elizabeth Street where the Girls’ High School until a few years ago. He died in 1837, and it is supposed that the windmill was never used afterwards, for with the advent of rust, wheatgrowing passed out of the district to give place to dairy farming. The historical significance of this building lies in the fact that it is one of two remaining windmills in the state, the other being at Nimmitybelle. The land on which it stands was originally granted to Reuben Uther, passed from him to Captain Christmas, and thence to Mr Rose.
SYDNEY MORNING HERALD Saturday July 30 1932
MOUNT GILEAD ESTATE AND WINDMILL, CAMPBELLTOWN
BY JOHN F. MORRIS
From the Journal and Proceedings from the Royal Australian Historical Society, Vol.
XXVII p. 359-366, Mount Gilead Estate and Windmill, Campbelltown by John F. Morris. The copy is not very good.
About four miles from Campbelltown, along the Campbelltown-Appin Road, one may see a weather-worn tower of sandstone standing on a small rise about three-quarters of a mile to the west of the road. This tower – a picturesque memorial to those whose industry and enterprise provided the bread of the infant colony – is all that remains of the once busy windmill which ground a very large proportion of the district’s wheat, in the days when Campbelltown was the veritable granary of the colony.
On August 25, 1812, Reuben Uther received a grant of 400 acres in the district of Appin at a quit rent of eight shillings per annum, which was to become payable after five years. This property he named “Mount Gilead.”
Thomas Rose, the next owner of Mount Gilead, purchased the property from Reuben Uther on October 7, 1818. Several well-known writers have stated that Rose purchased the property from one Colonel Christmas in 1829, but a perusal of the title deeds of the property shows this statement to be fallacious, and that, though Rose did purchase 400 acres of land from Christmas in 1829, this was not the original Mount Gilead.
Thomas Rose arrived in New South Wales as a convict on the ship Barwell in 1798, and soon afterwards started a bakery in Oxford Street, Sydney. Later he became the proprietor of the Rose and Crown Hotel in King Street, and eventually came to own the greater part of the block bounded by King, Castlereagh, Market and Elizabeth Streets.
After purchasing Mound Gilead, Rose made large additions to the property by purchasing several of the adjoining farms, and in 1819 he received a further 400-acre grant south-west of and adjoining Uther’s grant in exchange for part of his city block, upon which Governor Macquarie built the Georgian School, and upon which St James’ Theatre and part of David Jones’ emporium now stands.
Thomas Rose was one of the early advocates of water conservation, and in 1825 he backed up his opinion by building the artificial lake which is still to be seen just below the homestead. This lake, which has a depth of up to eighteen feet, and which in 1888 was advertised as being suitable for swimming or boating, was a source of supply in times of drought to all the settlers of the surrounding district. Rose’s efforts, made in 1835, to obtain a reward for the service which he claimed he had rendered the community by demonstrating the advantages of water conservation, met with no success.
The windmill, the tower of which is now the most picturesque feature of the estate, was built in 1812. In this regard it is at least significant that James Backhouse, who wrote a detailed description of the Campbelltown-Appin Road in 1835, makes no mention of a mill at Mount Gilead, and the the New South Wales Calendar and Post Office Directory for 1837 refer to the mill as having been recently built. The mill tower, which is built from sandstone quarried on the property, is sixty feet in height, comprises four stories, and is reputed to have contained the finest millstones in the colony. A rather remarkable feature of the mill is that no metal was used in its construction, the sails, driving shaft, gearwheels, flooring etc., being made from ironbark timber cut on the property, and parts of the original woodwork may still be seen. Close to the mill there were two water troughs six feet long, two feet wide and nine inches deep, cut from solid blocks of standstone, one of which is now owned by Thomas Rose’s granddaughter, Miss R. Payten, of Campbelltown, who uses it for watering her show ponies.
The rise upon which the mill stands is 500 feet above sea level, and from the top of the tower one may seen Saddleback Mountain which overlooks Kiama, Mount Gibraltar at Bowral, the Carrington Hotel at Katoomba, and Hunter’s Hill, Sydney.
It is claimed that the mill was struck by lightning on the night of August 20, 1857, the night the the Dunbar was wrecked at South Head, though very little damage seems to have been done to the mill.
The charge for grinding wheat at Mount Gilead was one shilling and sixpence per bushel, with an extra charge of threepence per bushal for dressed flour, and thus the settlers of the district were able to have their wheat ground without paying the exorbitant prices which for many years had been so sorely felt. The distinction of being the first to have wheat ground at Mount Gilead was claimed by John Vardy, of “Springfields,” Menangle, who was one of the early grantees in the Airds district. The mill remained in active operation until about 1877, when rust caused the failure of the local wheat crops.
The hills around Mount Gilead yielded as much as 47 bushels of wheat to the acre prior to 1856, when the first rust in the district was noticed in the Mount Gilead crop. The disease was intermitted for many years, but, as there was no William Farrar to give us then a rust-resistant wheat, the crops of the district finally failed after 1877. This was of course, a very severe blow to the district, which for many years had been regarded as the granary of the colony.
In 1837 a notice on the Mount Gilead gateway read, “To Mill and Ferry.” Prior to 1856 there was no bridge across the Nepean River at Menangle, and the main Southern Road, which had been surveyed by James Meehan in 1817, passed through Mount Gilead to Bird’s-Eye Corner, close to the junction of Menangle Creek and the Nepean River, where a ferry conveyed travellers across the stream. It is interesting to note that the Hume and Hovell expedition forded the river at this point on October 2, 1824.
Thomas Rose, who had done so much to improve the property, died on March 3, 1837, at the age of sixty-four years, and was buried on the estate at a point between the mill and the lake of which he ws so proud: but some years later, at the instigation of Mrs E.H. Woodhouse, his remains were removed to St Peter’s Cemetery, Campbelltown.
After the death of Thomas Rose the estate was managed by his trustees, who in 1838 advertised that self-contained estate of 2000 acres to be sold at the Royal Hotel, George Street, Sydney. The estate however, was not sold, and in 1858 the trustees, with the concurrence of the beneficiaries, made over the property to Thomas Rose’s eldest son, Charles Henry Jacob Rose, the the condition that he should pay his mother a life annuity of £30 per annum.
C.H.J. Rose was not the enterprising farmer that his father had been, and he seems to have raised nothing but mortgages on the property. Thus on September 28, 1859, he mortgaged to Sydney Insurance company for £1000, and then on March 23, 1860, he increased his mortgage by a further £500. It was not long before his crop bore fruit, and the Sydney Insurance Company foreclosed. Then on September 9, 1864, this company took out a land title for Mount Gilead on behalf of Walter Friend, a Sydney ironmonger, though Friend'’ receipt for the purchase price of £1547/14/11 is dated November 24, 1864.
Walter Friend does not seem to have made much use of the property, and on September 16, 1867, he sold the estate to Edmund Hume Woodhouse.
E.H. Woodhouse, a son of George Marriot Woodhouse, was born at Schuldam Farm, adjoining Mount Gilead, on November 4, 1823, and has the distinction of being the first child baptized in St Peter’s Church of England, Campbelltown. He married the daughter of Henry Bingham, Commissioner of Crown Lands, at Cassilis, and prior to purchasing Mount Gilead is reported to have been managing a bank at Ashfield.
While at Mount Gilead, E.H. Woodhouse proved himself a most enterprising farmer, and he did much to improve the methods of agriculture throoughout the district. In fact, the milk and butter industry, which is the back-bone of the district today, probably had its genesis at Mount Gilead when E.H. Woodhouse and his overseer, A.J. Chauval, introduced a pedigreed strain of milkers. E.H. Woodhouse also experimented with sheep bought from the Camden Park flock, and imported various species of deer, alpacas and llamas, but without any measure of success.
As a magistrate, E.H. Woodhouse was much respected throughout the district, and it was during this time that Mount Gilead became one of the social centres of the colony. Balls held at the homestead were attended by Vice-Royalty, and a visitor’s book of the period would contain many of those names which loom large in the history of our country.
E.H. Woodhouse died at Mount Gilead on October 21, 1875, at the age of fifty-one, and is buried in St Peter’s Cemetery, Campbelltown. In 1876, the trustees transferred the estate to E.H. Woodhouse’s eldest son, Edmund Bingham Woodhouse, who mortgaged back to the trustees in 1877, and discharged the mortgage in 1881. In the same year he mortgaged the property to Peter Nicol Russell, whose bronze bust may be seen within the University, for which he did so much; this mortgage was discharged in 1886. Four years later he mortgaged to the Australian Investment Company, who foreclosed on February 12, 1891.
E.B. Wood house had varying success as a farmer. In his early years of Mount Gilead he concentrated on the breeding of store cattle, keeping a small herd of pure Devons to provide milk for his Hereford calves, a venture in which he was quite successful. Then in 1886 he disposed of his cattle, and turned his attention to sheep, a change which caused his ultimate failure.
The property was advertised to be sold on behalf of E.B. Woodhouse on April 12, 1888, and the following extracts taken from the advertisement, which is to be seen in the Mitchell Library, give some idea of this magnificent property as it was in its prime:-
Mount Gilead Estate is situated forty miles from Sydney, four miles from Campbelltown, and two miles from Menangle. Its area is 2,063 acres, 1 rood, with a frontage of two miles to the Nepean River, and one mile to the George’s River, the property being held under Torren’s Title.
The Sydney Water Supply Canal runs through the property for nearly three miles, and it would be possible to irrigate upwards of 100 acres of land from this source. The stone for this portion of the canal was quarried on the property.
The deer park which lies between the carriage drive and the lake is about 12 acres in extent, and contains some fallow deer, alpacas, angoras, etc.
The homestead is of stone and has a double roof, iron over shingle, for the sake of coolnes and in order to conserve purer water. The homestad contains a drawing room, five bedrooms, two dressing rooms, hall, library, office, passages, pantry, store room etc.
The woodwork throughout is of cedar. The verandah is 100 ft. long and is continued round both ends of the house. A verandah at the back of the house gives good shelter to the kitchen, which is of brick, and contains one large room or servant’s hall, and a smaller room for cooking. The bathroom has a plunge bath and a shower, and is supplied by a 10,000 gallon tank. The laundry has a copper and a bake oven, and is supplied by three 400 gallon tanks.
The stable contains five stalls, harness room, saddle room, and coach-man’s room, and there is a loft over the entire building which has a shingle roof. At the back of the stable is a milking yard with six bails, calf pens, etc.
The granary near the house is built of dressed stone, and has walls eighteen inches thick. On the ground floor is a coach house for three vehicles, a three stall stable, a harness rom, and a farrier’s shop. On the upper floor is a billiard room, complete with table and fittings, also two rooms used as store rooms.
The large granary is built of dressed stone with walls two feet thick, and is three stories high. It was originally built as a steam mill, and now contains a four horse power, circular saw. The ground floor has been used as a shearing shed.
The cattle steading is 180 ft. long by 56 ft. wide in part, and 16 ft. wide over the remainder, and accommodates 100 head of stock. In the centre is a cooking house with a 75 gallon and two 50 gallon boilers. There are also men’s rooms, loose boxes, storeoom, etc., and an underground tank of 15,000 gallon capacity. This steading is probably unequalled in the colony.
Such was Mount Gilead estate in its heyday, but little now remains to remind us of its former glory, and cannot even trace the site of many of the buildings mentioned above.
As has been already stated, the Australian Investment Company took over the property from E.B. Woodhouse on February 12, 1891. This company held the property until March 17, 1910, when they sold to Dr William Henry Harris, who in turn sold to John Thomas Barnett on July 20, 1920. Barnett sold to Patrick Michael McGirr on July 7, 1927.
The old mill tower, still a district landmark, and a favourite study for artists and photographers, forms a romantic link with the spacious days of last century. Built in the days of convict labour, it now seems a most fitting memorial to those who, by foresight, toil and enterprise, built a nation out of a penal settlement.
Sydney Morning Herald:July 30, 1932; August 20, 1932
Centenary of Campbelltown: J.P. McGuanne (Mitchell Library).
Mt Gilead, 1888: Mills and Pile (Mitchell Library).
History of Menangle: J.J. Moloney.
Title Deeds of Mount Gilead.
Diaries, scrap books, and personal reminiscences of old Campbelltown residents.
[Since this M.S. was written,
the Mount Gilead estate has been sold to Andrew Macarthur Onslow,
great-great-grandson of John Macarthur, who is at present serving with the
R.A.A.F. as Flying Officer.-EDITOR]
THE MOUNT GILEAD MILL AS IT APPEARED FORTY YEARS AGO
The Mill was erected by Thomas Rose, who purchased the Mount Gilead Estate in 1829. It was used for grinding all the corn of the District.
An article titled: Mount Gilead
Windmill Mill. A Campbelltown Relic. Written by T Crampton was attached to this
photo. It was reproduced again on 5th January 1935.
The Telegraph, Saturday 5th, 1935
By Gayfield Shaw,
A few miles outside Campbelltown towards Menangle stands what appears to be a well built round tower tapering symmetrically from the base. This is all that remains of the historic Mount Gilead Windmill, shown in our picture, taken about forty years ago, (ie.1895, the article was written in Jan1935). The records show that Thomas Rose, one of the early free settlers, purchased Mt Gilead Estate from Colonel Christmas about 1829 and considerably improved the property. He built the windmill with convict labour, and formed a large dam, which was deemed to be the first of its kind in Australia. The dam proved to be of great use to the district in times of drought. And as Rose considered it to be an object lesson for all other settlers, he applied to the authorities for some recognition of this pioneer work; but he asked in vain.
Rose and the surrounding settlers were wheat farmers, and the mill was used for the purpose of grinding by wind power all the grain grown in the district. The mill is built of cut stone, and the woodwork of the structure, the four floors, the mill shaft, and the various gear wheels, are all or locally grown iron-bark.
This was not Mr. Rose's first venture. In 1809 he received from Lieutenant Governor Paterson a lease of the land at the corner
Of King and Castlereagh streets (the site of the "Daily Telqraph' Building, late Savoy Hotel) for a term of 14 years, at the rental of 6/- (six shillings) per annum. The land was described as having a frontage of 125 feet to Chapel Row -- as Castlereagh Street was then called -- bounded on the north by I cross (now called King Street). On this block his house was built facing Chapel Row. This he used as a Bakery, and as time went on built another structure adjoining it, for which he obtained a spirit licence, calling the inn (somewhat whimsically perhaps) "The Rose and Crown Hotel."
WHEAT-RUST AND RUIN.
Rose may have made money out of his city businesses, but he did
not do so well in the Mt Gilead property, as rust attacked the wheat and the
mill became silent. Nearly all the farmers of the district were ruined,and there was no Farrar of that time to discover rust-proof
a private secretary to Macquarie. His son Edward Hume married at the Gilmore Mill, Tumut, and the daughter of Henry Bingham the Commissioner of Crown Lands, Cassillis, in Governor Bourke's time. A well bound volume at the Mitchell Library contains only a sale pamphlet of Mills and Pile, Auctioneers, prepared for sale day, 12th April 1888, for the owner, Edmund B Woodhouse, son of the above, Edmund died in 1908.
About fifteen years ago (this would be 1920) Mr. J H Rose, then residing at Burwood, stated that his mother was the first to discover rust upon her dress when she was walking amid the wheat crop. The same gentleman is the authority for the statement that the old mill was struck by lighting on the night that the Dunbar was wrecked at the Gap, on August 20th 1857.
Other storms have wrecked this mill since then, ripped off the sails, and smashed the dome. But it still stands as an evidence of the good works into its construction by the builder a century ago.
NB (Photos could not be reproduce satisfactorily, someone needs to get copies from the archives)
Jan 5th, 1935
THE OLD MENANGLE MILL, depicted in the above etching, is all that remains of one of the state's first flour mills now crumbling into the past.
Jan 12th, 1935.
THESE OUTBUILDINGS of the old MENANGLE MILL (depicted in last Saturday's issue), stated to have been built by convict labor, are reminiscent of the vanishing past.
NB (Photos could not be reproduce satisfactorily, someone needs
copies from the archives)
SYDNEY GAZETTE – SALE OF ‘Mt GILEAD’
COPY OF SYDNEY GAZETTE, 16TH MAY 1818, p2, SHOWING SALE OF ‘GILEAD FARMBY MR BEVAN AT HIS ROOMS IN GEORGE STEET
BY MR BEVAN
At his Rooms in George-street, on Wednesday the 27th
Instant, without Reserve,
One of the most valuable ESTATES in the Colony, situate in the District of Appin, known by the Name of Gilead Farm, and joining that of Mr Woodhouse; comprising 400 Acres, 50 of which are cleared, and 50 more fell there – lies a good House and Skelling, erected on a highly pleasant Hill, commanding a view of the Cow Pastures for many miles; a good Barn, & c. – The Ground is unexceptionable, having been cultivated for these 4-years past, producing wonder Crops, and has been let for £50 per year: adjoining, there is one of the best Stock Runs in the Colony, and is well worthy the Attention of any Persons having a large Stock, or included to follow agricultural pursuits. – Prompt Payment.
Further Particulars may be had at No. 78, Pitt Street.
Book 82 No. 455- CONVEYANCE
This Indenture made the twenty-fifth day of February eighteen hundred and sixty three between the Sydney Insurance Company Incorporated, by an act of the Governor and Legislative Council of the Colony of New South Wales pafoed? in the nineteenth year of the reign of Her Present Majesty of the first part. Charles Henry Jacob Rose of Mount Gilead near Appin in the said Colony Esquire of the second part and Richard Stewart of Mount Gilead aforesaid farmer of the third part. Whereas by indenture bearing date the twenty eighth day of September One Thousand Eight Hundred and Fifty Nine, made between the said Charles Henry Jacob Rose (I herein designate Mortgagor) of the one part and the said Sydney Insurance Company (therein designated Mortgagees) of the other part. All those the several lands and hereditamonds and therein ouserited of which the lands and hereditaments hereafter described form part were granted and conveyed by the said Mortgagor to the said Mortgagees by way of mortgage to secure the repayment by the said Mortgagor his heirs executors administrators or assigns to the said Mortgagees of the sum of two thousand pounds on the twenty eighth day of September One Thousand Eight Hundred and Sixty Two and interest thereupon in the meantime at the rate of Eight Pounds Per Centum per annum payable quarterly as therein mentioned and it was by the said Indenture noveri? neatal? declared and agreed has it default it should be made in payment of the said sum of two thousand pounds or of the interest hereof or of any other sum or sums of money herein covenanted to be paid or intended to be thereby secured or of any part of the same sums respectively at or upon any or either of the several days or times thereinbefore exprefoed? for payment thereof respectively it should be lawful for the said Mortgagees their successors and assigns or any or either of these immediately thereupon or at any time thereafter to enter into possession of the said herediments or any part or parts thereof for such time and upon such terms as they should deem reasonable. And also (whether in or and out of possession or receipt – as aforesaid) without the necessity of any consent on the part of the said Mortgagor his heirs executors administrators of assigns and notwithstanding his or their dissent -absolutely to sell and dispose of the said herediments and premises or any part or parts thereofin one lot or in several parcels by public auction for cash or on credit and subject to such special or other conditions and stipulations as they should think fit with liberty to buy in the said herediments and premises or any part thereof and to resell the same at any future auction and to rescind and vary the terms of any contract which should have been entered into without being answerable for any loss or expenses which should be consequent. Thereunfrom and for all or any of the purposes aforesaid to original and execute all such deeds conveyances leases and assurances in the law as to them should seem proper and it is thereby also declared that every receipt which should be given by the said Mortgagees their successors assigns or their agent or agents for any sum or sums of money payable to them by virtue of the now reciting indenture should effectually discharge persons paying the same from all responsibility as to the appreciation thereof and that such person should not be obliged to enquire whether any such default as aforesaid had been made or into any matters or thing connected with the propriety or regularity of any such sale or sales and should not be affected by express notice that any such sale or sales was or were unnecessary and improper. AND WHEREAS by Indenture bearing date the twenty third day of March One Thousand Eight Hundred and Sixty made between the said Mortgagor or the one part and the said Mortgagees of the other part. The said Mortgagor did thereby said? and declare that the said lands and herediments comprised in the above recited mortgage should stand charged and chargable with the payment as well of the sum of five hundred pounds and interest as of the
END OF PAGE, SIGNED BY CHARLES HENRY JACOB ROSE
principal sum of two thousand pounds secured by the said sealed Indenture and that the powers of leasing and sale and all others the powers and provisions of the said Indenture of mortgage should we? lend and be applicable as a security for the said sum of five hundred pounds then advanced and interest as if the same had been therein repeated AND WHEREAS default having been made in payment of the interest and principal sums secured by said recited indentures the said Sydney Insurance Company caused the the said lands to be put up for sale by public auction by Messieurs? Richardson and French? of Sydney, auctioneers when the said Richard Stewart having attended the said sale was declared the purchaser of the lands and herediments hereinafter described at the price or sum of one thousand one hundred and eleven pounds ten shillings NOW THIS INDENTURE WITNESSETH that in consideration of the sum of one thousand one hundred and eleven pounds ten shillings by the said Richard Stewart paid to the said Sydney Insurance Company and also in consideration of the sum of ten shillings by the said Richard Stewart paid to the said Charles Henry Jacob Rose upon the execution hereof the receipt of which said sums are hereby respectively acknowledged. THE said Sydney Insurance Company DOTH grant bargain sell then enscoss and release and the said Charles Henry Jacob Rose doth grant release ratify and confirm unto the said Richard Stewart and his heirs ALL THAT piece or parcel of land containing by admeasurement one hundred and six acres lying and being situated within the district of Airds in the County of Cumberland and Colony of New South Wales being a portion of the Mount Gilead Estate known as Inverness commencing on the north side of the Menangle Creek at the southwest corner of Woodhouse’s Grant and bounded on the east by a line dividing it from the said Grant bearing north forty seven chains on the north by a line bearing west twenty chains on the west by a line dividing it from Lewis’s Grant bearing south to the Menangle Creek fifty nine chains and on the south east by that creek to the point of commencement be the said contents or dimensions a little more or less ALSO ALL THAT piece or parcel of land containing by admeasurement fifty acres lying and being situated in the District of Appin in the County of Cumberland and Colony of New South Wales being portion of the Mount Gilead Estate commencing on the west side of the road from Campbelltown to Appin at the south east corner of Blackman’s fifty acre grant and bounded on the north by a line dividing it from Blackman’s and part of hins grants bearing east to Woodhouses grant on the west by a line dividing it from the said grant bearing south eleven chains fifty links on the south by a line dividing it from John Bradford’s fifty acres bearing east to the aforesaid Appin Road and on the east by the said road bearing northerly eleven chains fifty links to the corner of commencement be the said contents or dimensions a little more or less ALSO ALL THAT piece or parcel of land containing by admeasurement fifty acres lying and being situated within the District of Appin in the County of Cumberland Colony of New South Wales being a portion of the Mount Gilead Estate commencing from the west side of the road from Campbelltown to Appin and the north east corner of William Sell’s Grant and bounded on the south by a line dividing it from the said Grant bearing west forty nine chains eighty five links to Reuben Uther’s Grant on the west by a line dividing it from part of that Grant and G.M. Woodhouse’s bearing north eleven chains fifty links on the north by a line dividing it from James Dearing’s Grant bearing east to the aforesaid road and on the east by that road bearing south eleven chains fifty links to the commencing corner be the said contents or dimensions a little more or less AND ALSO ALL THAT piece or parcel of land containing by admeasurement sixty three acres in three roods lying and being situated in or about the District of Appin in the County of Cumberland in the Colony of New South Wales being portion of the Mount Gilead Estate commencing on the west side of the road from Campbelltown to Appin at a point one chain north from the north east corner of Woodhouse Grant and bounded on the south by a reserved road dividing it from the said Grant bearing west forty nine chains eighty five links to the eastern boundary of Reuben Uther’s Grant on the west by a line dividing it from the said Grant bearing north twelve chains eighty links on the north by a line dividing it from Bradford’s Grant bearing east forty nine chains eighty links five links to the Appin Road and on the east by that road to the point of commencement be the said contents and dimensions a little more or less or howsoever otherwise the said several lands is are or maybe bounded described or distinguished TOGETHER with all houses or houses’ yards gardens fences tree ways waters watercourses rights members and appurtenances to the same belonging or appertaining and ALL reversions and remainders rents issues and profits thereof AND all the Estateright Title and interest of the said Sydney Insurance Company and the said Charles Henry Jacob Rose into or concerning the same TO HAVE AND TO HOLD the said several lands herediments and premises with the appurtenances unto the said Richard Stewart and his heirs to such uses as the said Richard Stewart shall from time to time or at any time by any deed or deeds or by his Last Will and Testiment or any Codicil or Codicils thereto appoint and in default of and subject to every such appointment To the use of the said Richard Stewart his heirs and assigns forever AND the said Sydney Insurance Company for theirselves their successors heirs executors and administrators DOTH hereby covenant with the said Richard Stewart his appointees heirs and assigns that the said Sydney Insurance Company have notsofaras related the said lands and herediments herefore described and granted and released or intended to be therefore exercised the said reated paves of sale nor made done executed commited or suffered or been party or privy to an act deed matter or thing whereby or by means whereof the said several lands hereinbefore described or either or any of them are is can shall or may be impeached charged inaunbred or prejudically affected in any manner however AND ALSO that the said Sydney Insurance Company their successors heirs and assigns or some or are of them whilst the deeds hereinafter mentioned or referred to shall be in their custody or possession and unless prevented by fire or other inevitable accidents will at all times hereafter upon every reasonable request in writing and at the costs of the said Richard Stewart his appointees heirs or assigns produce and show forth or cause to be prejudiced and shown forth in any part of the Colony of New South Wales to the said Richard Stewart his appointees heirs or assigns or to his or their solicitor attorneys council or agent before any court of indicature or any arbitrators or umpire lawfully appointed to be inspected pleaded or given in evidence the several deeds evidences and writings mentioned and specified in the schedule hereunder written for the support proof of defense of the estate title and profession of the said Richard Stewart his appointed heirs or assigns and at the ??request and costs furnish attested or other copies or extracts or the said deeds evidences and writings and permits such copies or extracts to be compared and examined with the said original deeds evidences and writings and shall and will in the meantime keep the said deeds safe whole until cancelled and undefaced PROVIDED ALWAYS that if the said Sydney Insurance Company their successors heirs or assigns as all as any time part with the custody of the said deeds evidences and writings to any person or persons entitled to the nossessoun these of and shall at their expense and cost procure such person or persons to enter into and deliver a covenant with and to the said Richard Stewart his appointees heirs and assigns or similar to that lastly hereinbefore contained then the said convenant shall cease and determined and the said Charles Henry Jacob Rose for himself his heirs executors and administrators as to for and concerning the acts and defaults only of himself or any person or persons claiming or to claim through under or in trust for him doth hereby convenant with the said Richard Stewart his appointees heirs and assigns that the said Sydney Insurance Company and the said Charles Henry Jacob Rose have in themselves or one of them hath in himself or itself full power and authority hereby to convey the said several lands and hereby grants? unto the said Richard Stewart his appointees heirs and assigns in manner aforesaid free from encumberances and that the said hereditaments shall henceforth be held and enjoyed accordingly and shall at any time or times at the cost of the person or persons requiring the same be further and more effectually assured to the uses and in the manner aforesaid by such acts deeds or other assurances as the said Richard Stewart his appointees heirs or assigns shall be reasonably advised or require or tender to be done executed and made And lastly that the said (?) Charles Henry Jacob Rose his heirs or assigns from and immediately after the said Sydney Insurance Company shall have parted with the permanent custody of the said deeds evidence and writings specified in the schedule hereunder written and unless prevented by inevitable accident and at all times hereafter upon every reasonable request in writing and at the cost of the said Richard Stewart his appointees heirs and assigns produce and show forth or cause to be produced and shown forth in every part of the colony of New South Wales and the said Richard Stewart his appointees heirs assigns or to his or their solicitor agent or (?) or any other person or persons or before any competent court of predicature (?) or any arbitrators or umpire the several deeds evidence and writings specified in the schedule hereunder written for the proof of evidence of the estate title and possession of the said Richard Stewart his heirs appointees and assigns in and to the said several hereditaments and at the live (?) request and costs furnished attested or other copies or extracts of the said original deeds evidences and writings and permit such copies or extracts to be examined and compared with the said originals In Witness thereoff the said Sydney Insurance Company has hereunto affixed their common seal and the said parties have hereunder set their hands and seals the day and year first before written
The Schedule above referred to
5th November 1833 Copy Will of Thomas Rose of this date ………………………….
2nd March 1837 Copy codicil thereto ……………………………………………...
12th April 1843 Conveyance under decree James Hannibal Rose and James Hendersen first part Sarah Rose second part and James Pye and Edward Smith third part ……………………………………
7th September 1859 Declaration of Sarah Rose of this date …………………………...
1st February 1858 Indenture of Partition of this date James Pye first part Charles Henry Jacob Rose second part The said Charles Henry Jacob Rose and Alfred Mason Nash Rose of the third part Edward Payten and Hannah Rebecca Pye Payten of the fourth part The said Alfred Mason Nash Rose of the fifth part Rueben Uther Bartlett Rose of the sixth part Sarah Elizabeth Jane Rose of the seventh part Sarah Rose of the eighth part and Squire Mason of the ninth part ……………………………………………………..
23rd September 1859 Release of Annuity the said Sarah Rose the said Charles Henry Jacob Rose ……………………………………………………….
28th September 1859 Indenture of Mortgage of this date made between the said Charles Henry Jacob Rose of the one part and the said Sydney Insurance Company of the other part …………………………….
23rd March 1860 Indenture of further charge endorsed on said mortgage …………
The Seal of the Sydney Insurance Company was fixed to this
deed by Joseph Dyer the Secretary of the said Company duly appointed by the
Directors of the said Company in that behalf in the presence of the undersigned
Director and we the said Secretary and Director hereby attest to the said affixing
Joseph Dyer Secretary (seal) Charles Henry Jacob Rose
M E Massin Director
Signed sealed and delivered by the
said Charles Henry Jacob Rose in the
presence of George White Sol.
Received on the day and year first above written from the within named Richard Stewart the sum of one thousand one hundred and eleven pounds and ten shillings £1111.10.00
Being the consideration money within deed mentioned
(Signed by Witness) Joseph Dyer
In the Colony of New South Wales
Christopher William Campion Hatton of Sydney being duly sworn
Marketh and saith that the foregoing writing contained in this and three preceeding pages is a true copy of the original indenture between the Sydney Insurance Company on the first part and Henry Jacob Rose of the second part and Richard Stewart of the third part and that the signature Charles Henry Jacob Rose as at the foot of the first page hereof is the signature of and is the proper handwriting of the said Charles Henry Jacob Rose one of the parties to the said original indenture …………………………….
Sworn at Sydney in the Colony aforesaid this
Second day of April AD 1863 Before me C.W.C. Hatton
Deputy Registrar General
Received into the Office of the Registration of Deeds at Sydney this 2nd day of April AD 1869 at half past twelve – o’clock in the afternoon from Christopher William Campion Hatton of Syney Theo J. Jaques
Deputy Registrar General
No.44 Book 83 Conveyance
This Indenture made the twenty-first day of March in the year of Our Lord One thousand eight hundred and sixty three Between the Sydney Insurance Company (incorporated by an Act of the Governor and Legislative Council of New South Wales passed in the nineteenth year of the reign of Her present Majesty) of the first part Charles Henry Jacob Rose of Campbelltown in the said Colony Esquire of the second part and Patrick Gilmore of Sydney in the Colony aforesaid Gentleman of the third part Whereas by Indenture of Mortgage bearing date the twenty eighth day of September One thousand eight hundred and fifty nine and made between the said Charles Henry Jacob Rose of the one part and the said Sydney Insurance Company of the other part the hereditaments hereinafter particularly described and intended to be hereby assured were (inter alia) granted by the said Charles Henry Jacob Rose unto and to the use of the said Sydney Insurance Company their heirs and successors Subject never-the-less to the proviso for redemption therein contained of the said hereditaments on payment by the said Charles Henry Jacob Rose his heirs executors or administrators unto the said Sydney Insurance Company their executors administrators and assigns of the sum of Two Thousand pounds together with interest thereon after the rate of eight pounds per centum on the twenty eighth day of September One thousand eight hundred and sixty two And the Indenture now in recital contains a proviso that in case default should be made in payment of the said sum of Two Thousand pounds or of the interest thereof or of any other sum or sums of money therein covenanted to be paid or intended to be thereby secured or if any part of the same as serves respectively at or upon any or either of the several days or times hereinbefore appointed for payment thereof respectively it should be lawful for the said Sydney Insurance Company their successors or assigns or any or either of them immediately thereupon or at any time thereafter to enter into possession of the said hereditaments or any part or parts thereof for such time and upon such terms as they should deem reasonable And also (whether in or out of possession or receipt as aforesaid ) without the necessity of any consent on the part of the said Charles Henry Jacob Rose his heirs executors administrators or assigns and notwithstanding his or their dissent absolutely to sell and dispose of the said hereditaments and premises or any part or parts thereof in one lot or in several parcels by publication for cash or in credit and subject to such special or other conditions and stipulations as they should think fit with liberty to buy in the said hereditaments and premises or any part thereof and to resell the same at any future auction and to rescind or vary the terms of any contact which should have been entered into without being answerable for any loss or expenses which should be consequent thereupon and for all or any of the purposes aforesaid to sign seal and execute all such deeds conveyances leases and assurances in the law as to them should seem proper And whereas by an Indorsement on the said Mortgage bearing date the twenty third day of March One Thousand eight hundred and sixty the hereditaments comprised in the said recited Mortgage were further charged with the payment of the additional sum of Five hundred pounds and interest And whereas default has been made in the payment of the said principal sum of Two thousand pounds and five hundred pounds in and of the interest thereof respectively And whereas pursuant to the power for this purpose for this purpose reserved to them by the hereinbefore recited Indenture as hereinbefore is mentioned they the said Sydney Insurance Company have contracted and agreed with the said Patrick Gilmore for the sale to him of the hereditaments hereinafter particularly described and intended to be hereby assured and the appurtances and the freehold and inheritance thereof in fee simple in possession free from encumbrances at or for the price or sum of Six hundred and forty one pounds seven shillings and sixpence
Now this Indenture Witnesseth that in pursuance of the aforesaid agreement and in pursuance and exercise of the power for this purpose reserved to them the said Sydney Insurance Company by the said recited Indenture as hereinbefore mentioned and in consideration of the sum of Six hundred and forty one pounds seven shillings and six pence to the said Sydney Insurance Company paid by the said Patrick Gilmore on or immediately before the execution of these presents (the receipt of which said sum of Six hundred and forty one pounds seven shillings and six pence they the said Sydney Insurance Company do hereby admit and acknowledge and of and from the same and every part thereof do acquit and release and discharge the said Patrick Gilmore his heirs executors administrators and assigns forever by these presents) They the said Sydney Insurance Company by these presents do grant enteroff and convey unto the said Patrick Gilmore and his heirs All that piece or parcel of land containing by admeasurement Three hundred and fifteen acres lying and being suitated within the District of Appin in the County of Cumberland and Colony of New South Wales being portion of the Mount Gilead Estates commencing at the North West corner of Crossley’s grant of the East side of the Nepean River and bounded in the South by a fence dividing it from part of the said grant bearing Easterly fifty two chains eighty one links. On the East by a line dividing it from Raven Coghlan and Pendergast’s grants bearing Northerly fifty seven chains seventy links on the North by a line dividing it from Appletree and Rushton’s grants bearing West sixty two chains sixty links to the Nepean River and in the West by that River bearing Southerly sixty chains to the corner of commencement be the said contents and dimensions a little more or less And also All that piece or parcel of land containing by admeasurement
(end of page, signed by Patrick Gilmore)
eighty acres lying and being situated within the district of Appin in the County of Cumberland and Colony of New South Wales portion of the Mount Gilead Estate commencing at the North West corner of Thomas’ grant on the East side of the Nepean River and bounded on the South by a line dividing it from part of the said grant bearing Easterly thirty eight chains to a reserved road one chain in width dividing it from the Western boundary of Richard Appletree’s grant On the East by that road running parallel to the West boundary of the said grant bearing North seventeen chains In the North by another reserved road dividing it from Edward Rileys grant bearing West fifty eight chains to the Nepean River and in the South West by that River bearing South Easterly twenty six chains to corner of commencement be the said contents or dimensions a little more or less
Together with all houses outhouses edifices buildings ways waters watercourses rights members and appurtenances whatsoever to the said hereditaments and premises belonging or in comprise appertaining And all the Estate right title interest property possesssion benefit claim and demand whatsoever both at law and in Equity of them the said Sydney Insurance Company in to and of or upon the same premises and every part thereof To hold the said hereditaments and premises hereby granted and enteroffed or otherwise assured or expressed and intended as to be unto the said Patrick Gilmore his heirs and assigns To the use of the said Patrick Gilmore his heirs and assigns forever And the said Sydney Insurance Company do hereby for themselves and their successors covenant with the said Patrick Gilmore his heirs and assigns that they the said Sydney Insurance Company have not at any time or times herebefore made done committed or executed or knowingly or willingly permitted or suffered or been party or privy to any act deed matter or thing whatsoever whereby or by reason or means whereof the said hereditaments hereby granted and conveyed or otherwise assured or expressed and intended so to be or any of them or any part or parts thereof are is can shall or may be in anywise impeached changed affected or incumbered in title Estate or otherwise howsoever And the said Sydney Insurance Company for themselves and their successors and the said Charles Henry Jacob Rose for himself his heirs executors and administrators do hereby respectively covenant with the said Patrick Gilmore his heirs and assigns in manner following that is to say that the said Sydney Insurance Company will unless prevented by fire or other inevitable accident whilst the deeds evidences and writings specified in the Schedule hereunder written shall remain in their custody possession or power And the said Charles Henry Jacob Rose will as soon as the said Sydney Insurance Company shall part shall part with the said deeds evidences and writings unless prevented as aforesaid from time to time and at all times hereafter upon every reasonable request and at the proper costs and charges of the said Patrick Gilmore his heirs and assigns produce and show forth or cause to be produced and shown forth unto the said Patrick Gilmore his heirs and assigns or to the Counsel attornies agents or Solicitors of him them or any of them or at any trial or hearing in any Court of law or Equity or at any commission or examination or otherwise as occasion shall require all and every or any of the said deeds evidences and writings specified in the schedule hereunder written for the better manifesting maintaining defending and proving of the Estate interest title or property of the said Patrick Gilmore his heirs and assigns or any person or persons in trust for him them or any of them in and to the said hereditaments hereinbefore conveyed or any part or parcel thereof And also shall and will from time to time and at all times hereafter at the request costs and charges of the said Patrick Gilmore his heirs or assigns or any other person or persons as aforesaid deliver or cause unto be delivered to the said Patrick Gilmore his heirs or assigns or any other person or persons such true and attested copies or true copies unattested or abstracts of or extracts from the said deeds evidences and writings or any of them as he or they may require And also shall or will in the meantime keep the same deeds evidences or writings safe unobliterated uncancelled and undefaced.
Schedule hereinbefore referred to
12th April 1843 – James Hannibal Rose John Henderson and Sarah Rose to James Pye and Edward Smith – Conveyance
1st January 1858 – James Pye, Charles Henry Jacob Rose, Alfred Marson Nash Rose, Edward Payten and Hannah Rebecca Pye Payten his wife, Reuben Uther Bartlett Rose, Sarah Elizabeth Jane Rose and Sarah Rose to Squire Mason – Conveyance
28th September 1859 – Charles Henry Jacob Rose to the Sydney Insurance Company – Mortage
23rd March 1860 – Same to Same – Further Charge
In Witness whereof the said parties to these presents have hereinto set their hands and seals the day and year first above written And the said Sydney Insurance Company have hereunto affixed their common seal the day and year aforesaid
The Seal of the Sydney Insurance Company was put and affixed to)
this deed by Joseph Dyer the Secretary of the said Company duly )
appointed by the Directors of the said Company in that behalf in )
the presence of me the undersigned Director and we the said )
Secretary and Director hereby attest the said affixing - ) LS
Joseph Dyer Secretary M.E. Minnim Director
Signed Sealed and Delivered to the said )
Charles Henry Jacob Rose in the presence)
of Witness Alfred Rose ) Charles Henry Jacob Rose (LS)
Received on the day and year first above written of and from the above named Patrick Gilmore the sum of six hundred and forty one pounds seven shillings and six pence being the full consideration money within expressed to be paid by him to us £641-7-6 Joseph Dyer Secretary – Witness
On the sixteenth day of May in the year of Our Lord One thousand eight hundred and sixty three Edward Benedict Phelan of Sydney in the Colony of New South Wales Gentleman being duly sworn maketh oath and saith as follows: The above and preceding page of writing contain a true copy of the original deed Sworn by the Deponent on the day and year first above written at Sydney aforesaid Before me
Theo J. Jacques Deputy Registrar General
Received into the office for the Registration of Deeds etc. at Sydney this sixteenth day of May AD. 1863 at ten minutes to twelve o’clock in the forenoon from Edward Benedict Phelan of Sydney aforesaid.
Theo J. Jacques
Deputy Registrar General
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