A conditional purchase application

Conditional Purchases were introduced in 1862 as a way of getting small landholders on the land. They selected a portion of land, paid an initial deposit of %10 of the value, and then had to pay it off. The conditions were that they had to reside on the property, and they had to improve it – build a house, fences, etc. They could select land before it was surveyed, so by the time the surveyor came around there was often some improvements already built, which the surveyor often described and marked on the plan.

My ancestor Richard Eason (1829-1922) selected some land near Blayney in 1871. The land is Portion 199: 40 acres in the Parish of Graham, County of Bathurst, which is just north of the town of Blayney in New South Wales.

The Conditional Purchase number and Richard’s name was recorded on an old parish map:

Graham Parish map 1884 detail

NSW Lands Department, Historical Parish Maps. Bathurst County, Graham Parish, 1884. Detail showing Portion 199.

Historical parish maps can be viewed on the Parish Map Preservation Project website. The names that appear on the maps are those of the first title holders. Conditional purchasers could take 30-40 years to finish paying the land off, and if there was a mortgage involved then the bank became the first title holder. Later maps of this parish show the City Bank of Sydney on this portion.

Once I had the Conditional Purchase number, CP71.252, I could go to State Records NSW at Kingswood and ask to see the Conditional Purchase Register for that year:

Conditional Purchase Register 1871

State Records NSW: NSW Lands Department, Conditional Sales Branch, Conditional Purchase Register 1871.

The register gives a summary of the history of the purchase up until the title was issued by the Registrar General. Transfers of ownership to mortgagees can be seen, as well as the transfers back to Richard when he discharged the mortgage. Each of these transfers required a separate form to be filled in, and these forms are part of the correspondence for the purchase.

You can get quite a bit of information from the register, but if you want the actual documents you have to go further and trace the correspondence through the Correspondence Registers. It sounds easy but it is quite time consuming, and easy to make mistakes and lose your way. You must write down each document number recorded in this register, and then find each one in the relevant Correspondence Register to find out what happened to the document. It was either put away or filed with another document. If you are lucky, all the documents will be filed together and you will eventually find where they are. If not, you have to find and retrieve each one separately. If you are very unlucky, you may lose the trail and be unable to find the document, or the document may have been misplaced.

The documents I eventually found included this one – the original application form:

Conditional Purchase application form

State Records NSW: NSW Lands Department, Conditional Sales Branch, Correspondence files 1877-1951, NRS8103. Letter no. 71/5977.

I am inclined to think that Richard filled out this form himself, product of the Irish Education system as he was. He said he could read and write when he arrived in the colony in 1850, as did most of the people on the Oriental with him. The handwriting looks similar throughout, except for the signatures of others.

There are many other documents for this purchase, including:

  • 1871 – a letter from the surveyor in which he describes the improvements made by the applicant and the land contained an extra 6 acres and 3 roods, which the applicant had agreed to pay for.
  • 1871 – a list of deposits paid, with £1.13.9 against Richard’s name
  • 1874 – the Declaration of the Conditional Purchaser, where Richard declares that he has been in contonuous residence and made £50 worth of improvements
  • 1897 – Notification of Alienation of the land to Richard Chambers (his older sister’s nephew). I believe this to be the result of a mortgage.
  • 1885 – Transfer of Conditional Purchase returning ownership of the land from Richard Chambers to Richard Eason
  • 1891 – Transfer of Conditional Purchase to the City Bank of Sydney in consideration of the sum of £450
  • 1904 – Transfer of Conditional Purchase back to Richard Eason
  • and so on

The title was eventually issued in 1916, at which point the entries in the Conditional Purchase Register end, as control was passed from the Conditional Sales Branch to the Registrar General.

On the map you can see many other names of the people that Richard must have known. Robert and William Ewin were his brothers-in-law. A sister-in-law married a Thornberry. The Easons, Ewins and Thornberrys all came from the same couple of parishes in County Tyrone in northern Ireland.

Richard built a house on this land and raised his family in it, even though his wife died not long afterwards. His son John raised his own family there. John’s son Richard, my grandfather, sold the land and took the materials for his own building.

A couple of years ago I visited this land and saw the remains of the house. I have written about this previously. I met the current owner of the property, who gave me a photo of Richard’s son John Eason, my great-grandfather, that I had never seen before.

Fernside

I’ve traced many conditional purchases since then, but none have been as exciting as this first one for my great-great-grandfather!

Further information:
State Records NSW Archives in Brief No 93 – Background to conditional purchase of Crown land

This post is based on a post previously published for Australia Day 2011 on my blog Carole’s Canvas.

NSW Lands Department Research

This is a very brief summary of a talk to be given at the Society of Australian Genealogists on Saturday 22 January 2011, showing links to all the websites mentioned.

You can find land titles, deeds, plans and other records at the NSW Lands Department, now known as the NSW Land & Property Management Authority. Some of these records are available to purchase online, others must be inspected and copied at the Land and Property Information office in Queens Square, opposite St Mary’s Cathedral and Hyde Park.

References

First you need to find the references. When searching an index, map or other document copy down everything you see, even if you don’t know what it means. It may be that crucial reference that you will need later on.

References to look for:

Volume and Folio – Torrens Title reference   eg. Vol 1234 Fol 123, also written as 1234-123 (manual title) or 123/12345 or 12/3/45678 (computerised, after 1989)

Book and Registration Number – Old System deeds   eg. Bk 2345 No. 321, or Reg 321 Bk 2345

Primary Application Number eg. PA 12345, or Appn 12345

Deposited Plan eg. DP12345

Crown Plan eg. B123.4567

Where to find references

Parish maps

Lands online inquiries

Index volumes at Queens Square

Where to purchase copies of documents

Digital copies

Paper copies

  • Queens Square Basement Wing

Where to learn more

NSW Land & Property Management Authority http://www.lpma.nsw.gov.au/home

Research Guides http://www.baseline.nsw.gov.au/guides.html

A letter from a grieving father

I have previously written about the service file Douglas James Stewart (1899-1918), downloaded from the National Archives of Australia’s website. The file is 61 pages long, and I was unable to do it justice in a single post.

The file contains correspondence to and from Douglas’ father, James Simpson Stewart of Holbrook, New South Wales; a small town near Albury. Some of it has to do with the medals that his son was entitled to, and I have written about those in a previous post. Then there is the correspondence about Douglas’ grave.

Douglas was killed in action on 8 August 1918 in France. In October General Pau of the French Army visited Australia, and even visited Albury in southern New South Wales, by train, where he was “accorded a hearty welcome by several hundred representative residents” (Sydney Morning Herald, 12 Oct 1918, p13).

James, who was quite possibly one of those residents, was moved to write to the General:

NAA: Base Records Office Australian Imperial Force; B2455, First Australian Imperial Force Personnel Dossiers. 1914-1920; 3013311, Stewart Douglas James : SERN 3718. Letter from J.S. Stewart to General Pau.

He wanted a photo of the grave where his son was buried.

The joy to the Mother especially would be great were she to get a Carte of that Grave 12000 Miles away.

James says that he wears a ‘Reject Badge’. I had never heard of such a thing. A quick search in Google tells me that Reject Badges were issued to those who were rejected for military service on medical grounds, and perhaps other grounds as well. James himself was over 50 by this time, and his son was only 17 by the end of the War.

With my minimal knowledge of French I can only guess that this is a translation of James’ letter into French:

NAA: Base Records Office Australian Imperial Force; B2455, First Australian Imperial Force Personnel Dossiers. 1914-1920; 3013311, Stewart Douglas James : SERN 3718. French translation of letter from J.S. Stewart to General Pau.

The General replied through the AIF Base Office a few days later:

NAA: Base Records Office Australian Imperial Force; B2455, First Australian Imperial Force Personnel Dossiers. 1914-1920; 3013311, Stewart Douglas James : SERN 3718. Copy of reply to J.S. Stewart from General Pau.

The Base Office replied to James on 10 January 1919:

NAA: Base Records Office Australian Imperial Force; B2455, First Australian Imperial Force Personnel Dossiers. 1914-1920; 3013311, Stewart Douglas James : SERN 3718. Reply to J.S. Stewart on nehalf of General Pau.

Photographs were being taken of all graves “as rapidly as the conditions obtaining in the late theatre of war will admit.”

I can only assume that James was sent a photograph eventually. I have no knowledge of such a photograph being in the family, but then the descendants are my distant cousins. I can only try to imagine the feelings of the family when it arrived, showing a hastily-built grave with a cross stuck in the top in what had recently been a field of battle.

I do not know if anyone in this family ever travelled to France to see the grave. I imagine not – it was not easy in the years after the war, and not done lightly, as it is today.

Douglas is now recorded by the Commonwealth War Graves Commission as being buried in Heath Cemetery, Harbonnieres:

Commonwealth War Graves Commission

Harbonnieres was captured by French troops in the summer of 1916. It was retaken by the Germans on 27 April 1918, and regained by the Australian Corps on 8 August 1918. Heath Cemetery, so called from the wide expanse of open country on which it stands, was made after the Armistice, next to a French Military Cemetery, now removed. Graves were brought into it from the battlefields between Bray and Harbonnieres and from other burial grounds in the area…

– Commonwealth War Graves Commission, Heath Cemetery, Harbonnieres.

It looks a peaceful place now. It’s a shame that Douglas’ family couldn’t see what I am seeing now so easily on the internet.