TRANSCRIPT
Indenture of Conveyance (No. 183 Book 698)
14 July 1898
This Indenture made 14 July 1898 between William Kite of Kelso in the Colony of NSW,
Esquire of the one part and The Commercial Banking Company of Sydney Limited
hereinafter called the said Bank of the other part Colictcas by Indenture of Mortgage bearing
date 17 November 1883 Registered Number 697 Book 343 and made between the said
William Kite of the first part Thomas Allwright Dibbs of the second part and the Commercial
Banking Company of Sydney of the third part the lands and hereditaments comprised in or
expressed to be conveyed by the deeds and documents particularised in the Schedule thereto
being (inter alia) the land and hereditaments described in the Schedule hereto and intended to
be hereby referred were granted and released unto and to the use of the said Commercial
Banking Company of Sydney their successors and assigns subject nevertheless to the proviso
therein contained for redemption of the said premises __ by the said William
Kite his heirs executors administrators or assigns as therein mentioned of
TRANSCRIPT
Indenture of Conveyance (No. 94 Book 740)
10 July 1903
This Indenture made 10 July 1903 between the Commercial Banking Company of Sydney
Limited (hereinafter called the Bank) of the one part and Edward Charles Cousins of Kelso in
the State of NSW, Grazier (hereinafter called the Purchaser) of the other part Whereas
Thomas Kite late of Kelso in the said State was at the time of his death in fee simple
in possession of a certain portion of eighty acres of land situated in the County of Roxburgh
and Township of Kelso comprised in a certain Crown Grant to the said Thomas Kite in the
said Grant named Thomas Kite dated 13 June 1823 and therein described as “All those
eighty acres of land situate lying and being in the County of Roxburgh and Township of
Kelso bounded on the north by John Blackman’s farm on the east by a line south twenty nine
and a quarter degrees east thirteen chains on the south by a line west thirty degrees south
sixty chains seventy links to the Macquarie River and on the west by that River And whereas
the said Thomas Kite by his Will dated 22 August 1871 after appointing Thomas Kite the
younger William Kite Richard Young Cousins and George Lee Trustees and Executors of his
said Will gave devised and bequeathed to his said Trustees (inter alia) the land and
hereditaments hereinbefore particularly described and comprised in the said Crown Grant by
the description in the said Will of All that parcel of eighty acres more or less of land at Kelso
aforesaid upon which the house and premises wherein I now reside are built”. To hold to the
use of his son George Kite for the term of his natural life and from and immediately after the
decease of the said George Kite to the uses in the said Will mentioned And whereas by a
Codicil to the said Will dated 6 July 1875 the said Thomas Kite revolved the devise of the
before mentioned hereditaments and premises to the said George Kite (he having predeceased
the said Testator) and did thereby devise the same unto the said William Kite absolutely And
whereas the said Thomas Kite died on or about 13 September 1876 without having revoked
or altered his said Will save as appears by the said Codicil and without having revoked the
said Codicil And whereas probate of his said Will and Codicil was on 19 October 1876
granted by the Supreme Court of NSW in its ecclesiastical jurisdiction to the said William
Kite and Richard Young Cousins (the said Thomas Kite the younger having died in the
lifetime of the said Testator and the said George Lee having renounced probate of the said
Will and the trusts thereof) And whereas by an Indenture dated 17 November 1883
Registered Number 697 Book 343 and made between the said William Kite of the first part
Thomas Allwright Dibbs of the second part and the Commercial Banking Company of
Sydney of the third part for the considerations therein mentioned the said William Kite did
grant release and convey unto the said Commercial Banking Company of Sydney
their successors and assigns (inter alia) the parcel of land and hereditaments comprised in the
said Crown Grant of 13 June 1823. Subject to redemption on payment of the moneys therein
and in the Bond of the said William Kite therein __ to respectively mentioned And
whereas by an Indenture dated 16 December 1887 Registered Number 5 Book 378 made
between the said William Kite of the first part, the Commercial Banking Company of Sydney
of the second part and Richard John Oldfield of the third part for the considerations therein
mentioned the said William Kite did thereby grant bargain sell alieu release and con __ and
the said Commercial Banking Company of Sydney did thereby grant alieu release and __
__ the said Richard John Oldfield his heirs and assigns All that piece or parcel of land
situated at Kelso aforesaid being portion 37 of the said 80 acres originally granted to Thomas
Kite and containing 26 perches (more or less) commencing at the South East corner of
portion 38 of the said subdivision and bounded thence on the South by the road from Bathurst
to Sydney bearing Easterly 43 feet on the East by Ethel Street bearing Northerly 193 feet 7 inches on the North by Woolstone Street the West by a line bearing Southerly at right angles
to Woolstone Street 175 feet 2 inches to the point of commencement. And also all that piece
or parcel of land at Kelso aforesaid being portion 38 of the subdivision aforesaid and
containing 23 perches (more or less) commencing at the South East corner of portion 39 of
the said subdivision and bounded thence on the South by the road from Bathurst to Sydney
bearing Easterly 43 feet on the East by a line bearing Northerly 175 feet 2 inches being the
Western boundary line of Lot 37 aforesaid on the North by a line at right angles to the East
mentioned boundary line bearing Westerly 38 feet 10 l;4 inches and on the West by a line at
right angles to the Northern boundary bearing Southerly 156 feet 9 inches to the point of
commencement And whereas by Indenture dated 11 July 1893 Registered Number 942 Book
518 made between the said Commercial Banking Company of Sydney and the said Thomas
Allright Dibbs the Official Liquidator of the said Commercial Banking Company of Sydney
of the one part and the Bank of the other part. All money debts dues accounts bonds
obligations and claims which were then due owing belonging or payable or which should or
might at any time thereafter accrue or become due owing or payable or belong to or be
claimable or claimed by the said Commercial Banking Company of Sydney or the Official
Liquidator thereof and all mortgages and other charges and securities of every kind and
description and all lands tenements hereditaments and real estate including chattel and
conditionally purchased lands and leasehold lands which were comprised or described or
referred to or any and every the Mortgages and other the securities which the said
Commercial Banking Company of Sydney or the said Thomas Allwright Dibbs as such
Official Liquidator held or was _ to claim were respectively granted released _
transferred assigned and assured onto the Bank and their assigns for all the estate term and
interest that the said Commercial Banking Company of Sydney and the said Thomas
Allwright Dibbs as such Official Liquidator or either of them had therein subject to such right
or equity of redemption as the same premises were their subject to by virtue of any such
Mortgages and securities And whereas by an Indenture dated 14 July 1898 Registered
Number 183 Book 698 made between the said William Kite of the one part and the Bank of
the other part for the considerations therein mentioned the said William Kite did thereby
grant bargain sell release and confirm unto and to the use of the Bank and their assigns (inter
alia) all those 80 acres of land comprised and described in the said Crown Grant to the said
Thomas Kite save and except out the said 80 acres the lands following that is to say: – one
quarter of an acre conveyed to Her Majesty the Queen by Conveyance of the 8 September
1843 Registered Number 423 Book B, 2 acres two roads conveyed to the Council of
Education by Conveyance of6 September 1879 Registered Number 71 Book 196 and one
road nine perches conveyed to Richard John Oldfield by the hereinbefore recited Indenture of
16 December 1887 And whereas by divers mesne assurances in the law and ultimately by
Indenture of Conveyance dated 9 July 1903 Registered Number 6 Book 740 made between
the said Thomas Allwright Dibbs of the one part and the Bank of the other part all and
singular the lands and hereditaments comprised in and assured by the hereinbefore recited
Indenture of 16 December 1887 with the appurtenances became vested in the Bank for an
estate in fee simple And whereas the Bank have contracted and agreed with the Purchaser for
the absolute sale to him of the lands and hereditaments hereinafter more particularly in the
first Schedule hereunder written described and intended to be hereby assured (and which said
lands and hereditaments form part of the land and hereditaments hereinbefore described and
comprised in the hereinbefore recited Indentures of the 14 July 1898 and 16 December 1887)
and of all the state right title and interest (if any) of the Bank of in and to the lands and
hereditaments described in the Second Schedule hereunder written at or for the price or sum
of £1,600 Now this Indenture witnesseth that in pursuance of the said Agreement and in
consideration of the sum of £1,600 to the Bank paid by the Purchaser (the receipt whereof is hereby acknowledged) The Bank do hereby grant bargain sell alieu release __ and
confirm unto the Purchaser and his heirs All those pieces or parcels of land mentioned and
described in the First Schedule hereunder written Together with all buildings fixtures fences
ways rights of way waters watercourses rights privileges easements and appurtenances
whatsoever to the right title interest property possession claim and demand whatsoever both
at law and in equity of the Bank therein and thereto To have and to hold the said parcels and
land and hereditaments and all and singular other the premises hereinbefore expressed to be
hereby granted released and with the appurtenances unto the To the use of the
Purchaser his heirs and assigns for ever And this Indenture also witnesseth that in pursuance
of the said Agreement and in consideration of the premises the Bank do hereby grant bargain
sell alieu release __ and confirm unto the Purchaser and his heirs of the estate right title
interest property possession benefit claim and demand (if any) of the Bank of in and to the
lands and hereditaments mentioned and described in the Second Schedule hereunder written
To hold the same unto and to the use of the Purchaser his heirs and assigns forever And the
Bank doth hereby covenant with the Purchaser his heirs and assigns That notwithstanding
any act deed matter or thing by the Bank done or executed or knowingly suffered to the
contrary the Bank now has good right to grand and __ the lands hereditaments and
premises hereby granted and __ or expressed so to be to the use of the Purchaser his heirs
and assigns in manner aforesaid And that the Purchaser his heirs and assigns shall and may at
all times hereafter peaceably and quietly enter upon possess and enjoy the said land
hereditaments and premises and receive the rents and profits thereof without any lawful
eviction interruption claim or demand whatsoever from or by the Bank or any person or
persons lawfully or equitably claiming from under or in trust for the Bank And that free from
all encumbrances whatsoever made or suffered by the Bank or any person or persons lawfully
or equitably claiming as aforesaid And further that the Bank and all persons having or
lawfully or equitably claiming any estate or interest in the said lands hereditaments and
premises or any of __ or any part thereof from under or in trust for the Bank shall and will
from time to time and at all times hereafter at the request in writing and cost of the Purchaser
his heirs or assigns do and execute or cause to be done and executed all such acts deeds and
things whatsoever for further and more perfectly assuring the said lands hereditaments and
premises and every party thereof to the use of the Purchaser his heirs and assigns in manner
aforesaid as shall or may be reasonably required And the Bank but so as to bind themselves
only while having the actual custody of the deeds and documents into whosesoever hands the
same may come and not so as to bind the Bank or incur any liability in relation thereto further
or otherwise do herby covenant with the Purchaser his heirs executors administrators and
assigns That they the Bank and their assigns unless prevented by fire or other insuperable
accident will upon every reasonable request in writing by the Purchaser his heirs executors
administrators or assigns or any person lawfully or equitably claiming through him any estate
or interest in the said premises or any part thereof at the cost of the person or persons
requiring the same produce and show t such times in such places within the State of NSW
and to such persons as he or they shall require every or any of the deeds and documents
specified in the Third Schedule hereunder written for the manifestation defence and support
of the estate title and possession of the Purchaser his heirs executors administrators and
assigns and every or any such other person as aforesaid And will at the like request and cost
unless prevented as aforesaid make and furnish to the Purchaser his heirs executors
administrators or assigns or any such other person as aforesaid such have copies attested or
unattested of and such abstracts of and extracts from all or any of the same deeds and
documents as he or they may require And will in the meantime unless prevented as aforesaid
keep the same deeds and documents safe whole un-cancelled and un-defaced. In witness whereof the Common Seal of the Bank: hath been hereunto affixed and the other
parties hereto have hereunto set their hands and seals the day and year first above written
The First Schedule hereinbefore referred to
Firstly all that piece or parcel of land containing 80 acres Portion Number 13 in the Parish of
Kelso County of Roxburgh commencing at the Eastern corner of Portion Number 12 and
bounded thence on the North East by a line bearing South 30 degrees 27 minutes East 14
chains thence on part of the South East by a line bearing South 59 degrees 30 minutes and 8
chains 18 links thence on part of the South West by a line bearing North 30 degrees 15
minutes West 3 chains 67 links again on the remainder of the South East by a line bearing
South 60 degrees West 7 chains 17 links to the road from Peel to O’Connell and thence on
the remainder of the South West by part of the North East boundary of the aforesaid road
being lines bearing North 22 degrees 18 minutes ‘Vest 2 chains 73 links and North 28 degrees
30 minutes West 7 chains 69 links and thence on the North West by a line bearing North 60
degrees East 14 chains 70 links to the point of commencement.
Secondly all that piece or parcel of land containing 39 acres 3 roads (more or less) forming
part of Thomas Kite’s 80 acres Portion Number 13 aforesaid in the Parish ofKelso County of
Roxburgh commencing at a point situated at the intersection of the South Western side of the
road from Peel to O’Connell with the South East boundary of J Blackman’s 80 acres Portion
Number 12 in the Parish of Kelso County of Roxburgh and bearing South 60 degrees West 15
chains 70 links from the Easternmost corner of that land and bounded thence on the North
East by the South West side of the road from Peel to O’Connell bearing South 28 degrees 30
minutes East 7 chains 59 links and South 22 degrees 18 minutes East 6 chains 55 links to the
North West boundary of George Cheshire’s 80 acres Portion Number 14 bearing South 60
degrees West 13 chains 65 links to the Northern side of the Main Western Road. On the
South by the Northern side of the Main Western Road bearing South 85 degrees 20 minutes
West 21 chains 72 links North 83 degrees 27 minutes West 1 chain 59 links. North 72
degrees 25 minutes “Vest 2 chains 61 links and North 56 degrees 20 minutes West 2 chains
10 links to the South East boundary of J Blackman’s 80 acres Portion Number 12 and on the
North West by part of the South East boundary of the said J Blackman’s 80 acres Portion
Number 12 bearing North 60 degrees East 38 chains 31 links to the point of commencement
and which said pieces or parcels of land firstly and secondly above described are delineated
on the plan hereon and therein coloured red.
The Second Schedule hereinbefore referred to
All that piece or parcel of land containing 1 acre 12 perches (more or less) forming part of G
Cheshire’s 80 acres Portion Number 14 in the Parish of Kelso County of Roxburgh
commencing at a point on the South East boundary of Thomas Kite’s 80 acres Portion
Number 13 in the Parish of Kelso County of Roxburgh bearing South 59 degrees 47 minutes
West and distant 23 chains 48 links from the Easternmost corner of that land. And bounded
thence on the North East by a line dividing it from other part of G Cheshire’s 80 acres and
bearing South 20 degrees 20 minutes East 3 chains 13 links to the Northern side of the Main
Western Road. On the South by that side of that road bearing South 85 degrees 20 minutes
West 7 chains 21 links to the South Eastern boundary of Thomas Kite’s 80 acres. And on the
North West by part of the South Eastern boundary of Thomas Kite’s 80 acres bearing North
60 degrees East 7 chains 4 links to the point of commencement and which said parcel of land
is delineated on the plan hereon and therein coloured red.
The Third Schedule hereinbefore referred to
1823 June 30 The hereinbefore recited Crown Grant to Thomas Kite of this date
1883 November 17 The hereinbefore recited Indenture of Mortgage of this date
(No. 697 Book 343)
1893 July 11 The hereinbefore recited Indenture of this date
(No. 942 Book 597)
1898 July 14 The hereinbefore recited Indenture of Conveyance of this date
(No. 183 Book 698)
The Seal of the Commercial Banking Company of Sydney Limited
Was hereto affixed by the authority of the Directors previously given and in the presence of
four directors of the Company and such Directors together with the General Manager of the
Company thereupon signed these presents in the presence ofT.B. Gaden.
H.E. Kater, Henry Moses, T.T. Humphrey, R Jones, TA. Dibbs
Received on the day and year first before written from the above names Edward Charles
Cousins the sum of one thousand six hundred pounds being the consideration money above
expressed to be paid by him to the Bank.
TRANSCRIPT
Indenture of Conveyance (No. 91 Book 766)
29 August 1904
This Indenture made 29 August 1904 between Edward Charles Cousins of “Woolstone”,
Kelso in the State of NSW Commonwealth of Australia, Grazier, hereinafter called the
Vendor of the one part and Arthur Joseph Brownlow of “Briar Park” near Rockley in the said
State, Grazier, hereinafter called the Purchaser of the other part Whereas