Timeline of Significant Events with Comments Regarding the Special Survey Partners and Property

The following information regarding the Mount Barker Special Survey and the problems and actions of the partners, William Hampden Dutton, Duncan Macfarlane and Captain John Finnis is listed on a chronological basis with relevant references and comments to allow an appreciation of what was involved and when and why it happened.

[Further information to be checked and added.    - AMF  January 2015]

Additional information regarding this Special Survey is available from the following:

4 December 1835 ----

Special Surveys - The Colonization Commissioner for the Province of South Australia made an Order or Regulation for the sale of lands where any person could pay in advance the price of £4,000 to direct a survey to be carried out of any compact district not exceeding fifteen thousand acres from which such person could select and have the right to four thousand acres before any other applicant.

11 January 1839 ----

Province of South Australia, Land Grant: Special Survey - The Mount Barker Special Survey was purchased by William Hampden DUTTON for £4,000   (Signed by George Gawler, Commissioner of Public Lands).

Comments:

  • The Mount Barker Survey was the first of the Special Surveys undertaken.
  • This survey was purchased in William Hampden DUTTON's name but was actually on behalf of himself, Duncan MacFARLANE and John FINNIS as equal partners.
  • Each partner was responsible for funding their individual portion of the overall cost.

22 January 1839 ----

Articles of Agreement (4970) - re Special Survey between the partners' William Hampden DUTTON, Duncan MacFARLANE and John FINNIS.

The Agreement included the following:

  • William Hampden DUTTON on 11 January 1839 paid £4,000 purchase price on behalf of himself and the other parties to the Colonial Treasurer for the Special Survey of 15,000 acres of which 4, 000 acres to be selected by the Parties.
  • The Parties agreed to sell to Osmond Gilles 250 acres for £250 from above 4,000 acres selected, (which sum had already been received).
  • John FINNIS authorised to select the actual 4,000 acres on behalf of the Parties.
  • The Parties undertook that within a period of one calendar month from the delivery of the grant of the land delineated in the Special Survey, to meet together at a specified time and place agreed upon by any two of them for the purpose of dividing the land into sixteen equal portions of 250 acres each.  One such portion of 250 acres was to be set apart to become the sole property of Osmond Gilles, and the remaining 15 portions were to be divided into three equal divisions of 1,250 acres each.
  • The respective values of each of these divisions were to be determined by referee (Richard Newland and George Milner Stephen), and should there be a disparity in value then an adjustment payment would be made within a period of three months from the date of the selection.
  • Custody of the Agreement was committed to George Milner Stephen.

References:

  • Memorandum dated 28 August 1854 re above agreement to partition of 4000 acres of the Mt Barker Special Survey: Registry Office - Received, deposited, and marked No 275 of 1854

Comments:

  • There had been no formal agreement between the three partners up until this Agreement had been signed.

28 January 1839 -----

Hahndorf Agreement - A few weeks after receiving the Special Survey, the Partners came to an Agreement with a group of Lutheran immigrants, from Prussia and East Germany, for them to obtain portion of the land to occupy for farming and to create a village – Hahndorf.

Comments:

  • The Agreement concerning Hahndorf is well documented elsewhere in a number of publications.
  • This Agreement was made prior to the Land Grant or Deed Poll being officially received some 18 months later.

18 March 1840 ----

In an Indenture of May 18th 1840, it  is stated that sections 4002, 4003, 4004, were brought of Messrs - W.H. Dutton, Duncan Macfarlane, and J. Finnis for £2118 by the Lutheran immigrants.

3 July 1840 ----

Land Grant or Deed Poll - Was given under the hands and seal of George Gawler, Commissioner of Public Lands on 3 July 1840.  This Deed, after reciting the Authority of the Commissioner, set out that a sum of £4,000 had been paid in advance to the Treasurer on 11 January 1839.

Thereupon a survey of the 15,000 selected acres had been directed, and from this area was selected 4,000 acres, in fifty 80 acre sections, numbered as follows:

  • Sections numbered: 4002, 4003, 4004, 4005, 4006, 4211, 4212, 4213, 4214, 4216, 4217, 4218, 4010, 4441, 4442, 4447, 4448, 4450, 4449, 4451, 4455, 4456, 4458, 4459, 4460, 4452, 4453, 4454, 4443, 4446, 4461, 4466, 4467, 4468, 4469, 4473, 4472, 4476, 4475, 4474, 4480, 4479, 4477, 4478, 4482, 4481, 4483, 4484, 4485, 4486.

Comments:

  • At this stage, all the above Sections were in the name of William Hampden Dutton only.
  • The Mt. Barker Special Survey was laid out under the supervision of F.R. Nixon, who early in January 1839 with a team of surveyors, laid out the individual Sections of the Survey - some 15,000 acres of Adelaide Hills prime real estate.
  • On 5th November 1839, a plan of the Special Survey was exhibited for public information in the Land Office.

23 & 24 September 1840 -----

Land to Newland and Gwynne - The Partners agreed that the following Sections and Allotments be released and transferred to Richard Francis NEWLAND and Edward Castres GWYNNE upon certain trusts for lease or sale commencing from date of Indenture.

  • Sections numbered - 4002, 4003, 4004 [for Hahndorf] and 4014, 4211, 4212 [for Osmond Gilles].
  • Town Allotments numbered - 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 82, 83, 84, 85, 86, 87, 88, 89, 90, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115.

References:

  • Indenture dated 24 September 1840 (7848) between William Hampden Dutton, Charlotte Da Sylva [Charlotte da Silva Dutton], Duncan Macfarlane and John Finnis, and Richard Francis Newland and Edward Castres Gwynne.
  • Received into Registry Office 29 September 1847, found to be correct and enrolled No 91 Book 2 page 144.
  • Received into Registry Office 9 December 1864, found to be correct and enrolled No 57 Book 45 page 82.

Comments:

  • The Partners had previously arranged for the township of Mount Barker to be laid out into 169 town allotments and 41 suburban allotments of various sizes utilising Sections 4472, 4473, 4467 and 4477 of the survey.  The Partners were desirous of making sale and converting into personal property.
  • This transfer occurred just prior to the Partners rescinding their existing agreement and agreeing to ballot for their individual Sections and Town Allotments.
  • Certification was added on 7 December 1847 to the Indenture dated 24 September 1840 that Charlotte De Sylva [Charlotte da Silva Dutton] had quit any claim she might have had related to this Indenture.

28 September 1840 -----

Ballot for Sections – A ballot for Sections was held by the Partners after agreeing to rescind the 'Articles of Agreement' dated 22 January 1839 which was no longer applicable.

The ballot resulted in the following:

  • William Hampden DUTTON - Appropriated sections numbered 4458, 4478, 4455, 4449, 4460, 4452, 4218, 4216, 4217, 4479, 4485, 4486, 4451, and one third 4006 (being the midmost portion thereof).
  • Duncan MacFARLANE – Appropriated sections numbered 4466, 4453, 4468, 4475, 4474, 4483, 4459, 4442, 4214, 4446, 4443, 4482, 4456, and one third 4006 (being the northern portion thereof).
  • John FINNIS – Appropriated sections numbered 4454, 4476, 4450, 4461, 4484, 4448, 4469, 4447, 4213, 4441, 4480, 4481, 4005, and one third 4006 (being the southern portion thereof).

References:

  • Indenture dated 16 October 1841 - Deed of Partition and Covenant and Release between William Hampden Dutton, Duncan Macfarlane, John Finnis, and Frederick Hansborough Dutton for the purpose of making partition and appropriating such of the sections constituting the special survey..

Comments:

  • The ballot excluded the three sections totalling 240 acres which had in the meantime been conveyed to Osmond Gilles, and four other sections which had been set aside for a township (Mount Barker and suburban allotments), and certain portions of the last mentioned sections which by 'Indentures' dated 23 and 24 September 1840 had been conveyed to Richard Francis Newland and Edward Castres Gwynne upon certain trusts.
  • The Deed of Partition and Covenant and Release (Indenture dated 16 October 1841) between William Hampden DUTTON, Duncan Macfarlane and Capt. John FINNIS included the following:
    • As the period stated in the 'Articles for Agreement' dated 22 January 1839 for the partition of the special survey had long since elapsed and it was deemed expensive, inconvenient and unnecessary to carry out the provisions, particularly the division of the Special Survey into 16 equal portions, it was agreed by the Partners to rescind the 'Articles of Agreement'.
    • In lieu thereof, a ballot for each of the single sections of the eighty-acre sections surveyed was agreed so that they each should ..... have and hold to them and their heirs the several sections and portions of sections and the town and suburban allotment in severalty and not in common, and for an estate of fee simple of inheritance in possession absolutely free and discharge of all tenancies or rights in common, either at law or equity.
    • It was also agreed that William Hampden Dutton would convey their respective portions to the other Partners on demand, and for the further assurance of the said parties it was agreed that a bill on the equity side of the Supreme Court of the Province should pro forma be filed by the said John Finnis against the others praying for the partition of the said special survey in consonance with the tenor of these presents and that the other parties would put in such answers as shall be needed and shall consent to a decree for partitioning of the survey and allotments.
  • The ballot was held in the presence of Charles Mann and George Stevensen.

2 October 1840 -----

Ballot for Mt Barker Township Allotments - A second meeting was held with the Partners balloting for the Mount Barker township and suburban allotments.

The ballot resulted in the following:

  • William Hampden DUTTON - Suburban allotments 200, 196, 184, 172, 195, 206, 194, 175, 178, 187, 193, 186, 209. Town allotments 3, 68, 95, 73, 117, 1, 125, 152, 55, 62, 90, 41, 156, 120, 44, 135, 127, 136, 110, 59, 17, 34, 158, 33, 133, 19, 145, 161, 12, 140, 57, 38, 143, 67, 146, 24, 118, 70, 29, 138, 61, 21, 23, 27, 43, 121, 52, 113, 72.
  • Duncan MacFARLANE - Suburban allotments 170, 171, 197, 180, 179, 198, 204, 201, 190, 189, 177, 173, 183. Town allotments - 5, 97, 130, 78, 157, 154, 47, 123, 32, 164, 58, 76, 46, 129, 15, 10, 74, 69, 54, 162, 142, 151, 11, 36, 2, 18, 56, 167, 128, 92, 13, 45, 144, 63, 149, 77, 116, 76, 141, 91, 64, 31, 50, 165, 28, 122, 166, 147, 42.
  • John FINNIS - Suburban allotments 185, 202, 174, 208, 182, 199, 176, 205, 188, 207, 181, 203. Town allotments - 132, 168, 107, 22, 79, 153, 88, 26, 30, 20, 14, 81, 25, 134, 126, 114, 65, 82, 75, 150, 48, 155, 169, 37, 35, 66, 119, 148, 160, 80, 99, 94, 39, 108, 93, 98, 129, 49, 53, 51, 159, 96, 124, 131, 71, 163, 89, 4, 16, 40, 60, 137, 109.

References:

  • Indenture dated 16 October 1841 - Deed of Partition and Covenent and Release between William Hampden Dutton, Duncan Macfarlane, John Finnis, and Frederick Hansborough Dutton for the purpose of making partition and appropriating such of the sections constituting the special survey.

Comments:

  • By agreement of the Partners, the township had been previously laid out into 169 town allotments and 41 suburban allotments of various sizes with certain portions appropriated for roads.

  • William Hampden Dutton was absent at this meeting due to his having relocated to Melbourne.  This meant that the 'conveyance of the legal estate of the several sections …. 'could not therefore be readily made', and so an agreement was adopted …. 'for the purpose of carrying out the partition'.  William Hampton Dutton's brother Frederick Hansborough Dutton acted as Attorney for him to enable the ballot to proceed.

  • The ballot excluded certain allotments which had previously been set aside and conveyed to Richard Francis Newland and Edward Castres Gwynne upon certain trusts (refer Indentures dated 23 and 24 September 1840).

23 December 1840 ----

WH Dutton Insolvency - William Hampden DUTTON, as a result of severe financial difficulties, appointed trustees (Gordon, Sandeman and others of Sydney and Melbourne) under a Deed of Assignment to administer his estate real and personal ... for the general benefit of his creditors.

Comments:

  • This created significant problems not only for the Special Survey partnership of DUTTON, MacFARLANE and FINNIS, but also the separate stock dealings and financial transactions carried out in partnership by FINNIS and DUTTON.
  • As reported in The Cornwall Chronicle, Launceston, Tasmania on Saturday 26 September 1846 .......  New Insolvent — William Hampton Dutton, formerly of Sydney, merchant, but now of Melbourne.  Liabilities, £74,772 17s. 10d. Assets, personal property £10.  Balance deficiency, £74,762, 17s. 10d.   Mr. Dutton, in accounting for the deficiency exhibited by the schedule, stated that his insolvency arose from the depreciation of stock and property in the colony; that in the year 1840, he assigned all his estate real and personal to Gordon, Sandeman and others of Sydney and Melbourne, in trust for the general benefit of his creditors; that the trusts of the deed of assignment were not carried out, nor was he discharged from his debts under the provisions of the then act under which the assignment was made; that he still continues liable to his creditors and is unable to pay them.
  • The Chief Commissioner, Insolvent Court - District of Port Phillip, issued a Certificate of Insolvency for William Hampton Dutton on 15 December 1846.

6 August 1841 ----

A very substantial joint sheep speculation venture entered into by John FINNIS and William Hampden DUTTON was terminated on 6 August 1841 due to WH DUTTON's insolvency.  As a result a legal dispute arose between the two partners which had financial ramifications which subsequently had an effect on the Special Survey property.  It also involved WH DUTTON's brother, Frederick Hansborough DUTTON.

2 September 1841 ----

J Finnis and WH Dutton Dispute - Fortunately, before they were involved in ruinous litigation, the matter was referred to arbitration and a settlement dated 2 September 1841 was agreed upon which also involved Frederick Hansborough DUTTON, and was filed in the Equity side of the Supreme Court.

The basis of the settlement included:

  • One section of land to be sold to the Germans to be the property absolutely of the said John Finnis.

  • One other section of land agreed to be sold to the Germans to be conveyed or otherwise held in trust to secure the outstanding liabilities of the firm of Finnis and Dutton.

  • 1500 ewes, 30 rams and 500 wethers to be delivered to John Finnis, with the remainder of the flocks belonging to Dutton and Finnis to be taken by Frederick Hansborough Dutton, he indemnifying John Finnis against all outstanding claims against the firm of Dutton and Finnis.

  • Frederick Hansborough Dutton shall deliver to the said John Finnis £500 of good discountable bills.

  • The money still due by the Germans for the provisions and stock not including the land to be received by John Finnis.

Comments:

  • It should be noted that this agreement only partly solved the financial side of the dispute as it was subsequently shown that there was no evidence of payment by WH DUTTON of several promisory notes involved and were therefore presumed to be outstanding.

16 October 1841 ----

Deed of Partition and Covenant and Release (Indenture dated 16 October 1841) Agreement between partners William Hampden DUTTON, Duncan MacFARLANE and Capt John FINNIS, and Frederick Hansborough DUTTON to rescind the 'Articles of Agreement' dated 22 January 1939, and to legally appropriate the Sections and Allotments in accordance with the ballots held on 28 September 1840 and 2 October 1840 at Mount Barker.

References:

  • Indenture dated 16 October 1841 between William Hampden Dutton, Duncan Macfarlane and Capt John Finnis, and Frederick Hansborough Dutton.
  • Memorandum dated 21 February 1844: Registry Office - Received, deposited, and registered No 336 Book 3.
  • A duplicate copy of this Indenture was registered Book 17 No 268, and enrolled Book 6 No 27 page 34.
  • Some years later, on the 1 October 1849, a Memorial of the above Indenture was submitted to the Deputy Registrar, GH Barnard, of the Registry Office for the Province of South Australia and after being found to be correct was registered under number 266 book 17.  After certification by the Deputy Registrar on 16 November 1849, the document was received by the Registry Office and enrolled under number 27 book 6 page 34.

Comments:

  • This Deed enabled each of the Partners to legally hold their respective Sections and Allotments as alloted in severance and not as tenants in common.
  • Refer to Partnership ballots held on 28 September 1840 and 2 October 1840 to which this Indenture involves.

29 & 30 October 1841 ----

Transfer of Sections from WH Dutton to J Finnis - William Hampden DUTTON and John FINNIS had carried out diverse dealings and transactions which resulted in an amount due to John FINNIS of £6,543 6s 9d which sum was acknowledged by William Hampden DUTTON.

  • Being unable to pay, William Hampden DUTTON agreed to and released to John FINNIS for the sum of £3,300 (being reduction only of the larger sum due) the following Sections Numbered - 4458, 4478, 4455, 4449, 4460, 4452, 4218, 4217, 4216, 4479, 4485, 4486, 4451 and one third 4006.

References:

  • Indentures dated 29 and 30 October 1841 and Release dated 30 October 1841 between William Hampden Dutton and John FInnis, and George Stevensen (dower trustee).
  • Memorandum dated 28 August 1854 between William Hampden Dutton and John FInnis, and George Stevensen (dower trustee):  Registry Office - Received, deposited, and marked No 276 of 1854.

Comments:

  • These Sections were all of those originally balloted to William Hampden DUTTON, and were transferred to John FINNIS in consideration of £3,300 being part-payment of an overall debt of £6,543 6s 9d.
  • It appears that the remainder of this debt was never paid.

5 March 1842 -----

Mortgage of Sections Transferred to J Finnis - Mortgage of thirteen Sections and one third of another to secure Frederick Hansborough Dutton to the tune of £7,784 9s 4d. for outstanding debts.

Between: John FINNIS and Frederick Hansborough DUTTON, and Edward Castres GWYNNE and Charles MANN

From: John FINNIS by direction of Frederick Hansborough DUTTON and conveyed and assured to: Edward Castres GWYNN and Charles MANN

  • Mortgage of Sections - 4458, 4478, 4455, 4449, 4460, 4452, 4218, 4217, 4216, 4479, 4485, 4486, 4451 and one third 4006.

References:

  • Indenture (4972) dated 5 March 1842 between John Finnis and Frederick Hansborough Dutton, and Edward Castres Gwynne and Charles Mann.
  • Memorandum dated 28 August 1854: Registry Office - Received, deposited, and marked No 277 of 1854.

Comments:

  • These Sections were those originally balloted to William Hampden DUTTON and subsequently transferred to John Finnis on 29 & 30 October 1841.

[*** Need to check add further financial details ***]

Captain Finnis being liable to various outstanding debts due from the joint concern.  In consideration of £3,300, part of the balance, Mr. F. H. Dutton conveyed Mr. W H. Duttons' one-third to Captain Finnis, and that gentleman by the deed of lease and re-lease (No. 5) have as you will see conveyed them to trustees upon certain conditions for the explanation (?) of their creditors, and among others Mr. F. H Dutton to the tune of £7,784 9s 4d.  On Mr. F. H. Dutton will devolve the task of explaining this matter to Mr. W. H. Dutton, and of  showing the absolute necessity of it as a means of preventing a litigation ruinous to all parties.

22 & 23 April 1842 ----

Release of Sections to J Finnis - William Hampden DUTTON with consent of Duncan MacFARLANE, Leased and Released the following Sections to John FINNIS in accordance with ballot held 28 September 1840:

  • Numbers 4454, 4476, 4450, 4461, 4484, 4448, 4469, 4447, 4213, 4441, 4480, 4481, 4005 and one third of 4006.

References:

  • Indenture/s (certified copy 5064) dated 22 and 23 April 1842 from William Hampden Dutton with consent of Duncan Macfarlane to John Finnis.
  • Memorandum dated 11 October 1854: Registry Office - Received, deposited, and marked No 411 of 1854.

Comments:

  • This action finalised the legal transfer of the above Special Survey Sections from WH DUTTON to John FINNIS in accordance with the ballot held 28 September 1840.  (It did not however include the transfer of Mount Barker township allotments appropriated by John FINNIS in the ballot held 2 October 1840)

23 and 25 April 1842 ----

Release of Sections to D Macfarlane (certified copy 4973) - William Hampdon DUTTON with consent of John FINNIS, Lease and Release of the following Sections to Duncan MacFARLANE in accordance with ballot held 28 September 1840:

  • Numbers 4466, 4453, 4468, 4475, 4474, 4483, 4459, 4442, 4214, 4446, 4443, 4482, 4456, and one third 4006.

References:

  • Indentures dated 23 and 25 April 1842 between William Hampden Dutton, John Finnis and Duncan Macfarlane.
  • Some years later, on the 1 October 1849, a Memorial of the above Indenture was submitted to the Deputy Registrar, GH Barnard, of the Registry Office for the Province of South Australia and after being found to be correct was registered under number 266 book 17.  After certification by the Deputy Registrar on 16 November 1849, the document was received by the Registry Office and enrolled under number 27 book 6 page 34.
  • Memorandum dated 28 August 1854: Registry Office - Received, deposited, and marked No 278 of 1854.

Comments:

  • This action finalised the legal transfer of the above Special Survey Sections from WH DUTTON to Duncan Macfarlane in accordance with the ballot held 28 September 1840.

6 and 7 February 1844 ----

Release of Sections from J Finnis to A Walker – Bargain and sale of the following Sections by John FINNIS to Archibald WALKER:

  • Numbers 4458, 4478, 4455, 4449, 4460, 4452, 4218, 4217, 4216, 4479, 4485, 4486, 4451, and one third 4006.

Between: Charles MANN, Edward Castres GWYNN, John FINNIS, and Archibald WALKER.

References:

  • Indenture dated 6 February 1844 (4976) between Charles Mann, Edward Castres Gwynn, John Finnis and Archibald Walker.
  • Indenture dated 7 February 1844 between Charles Mann, Edward Castres Gwynn, John Finnis, Frederick Hansborough Dutton, and Archibald Walker.
  • Memorandum dated 7 February 1844: Registry Office 12 February 1844 - Memorial found to be correct and registered No 327 book 3.
  • Memorandum dated 28 August 1854: Registry Office - Received, deposited, and marked No 281 of 1854.

Comments:

  • These Sections were those originally balloted to William Hampden Dutton and released to John Finnis on 29 & 30 October 1841 as part payment of debt, and which were subsequently transferred to Charles Mann and Edwared Castres Gwynn to indemnify Frederick Dutton.

*** CHECK THIS - 455.jpg onwards – more info refer copy ***

10 May 1847 ----

Purchase of Allotments by A Walker from D Macfarlane - Absolute purchase by Archibald WALKER (of London, late Sydney) for sum of £400 to Duncan MacFARLANE of the following Mount Barker Suburban and Town allotments:

  • Numbers - 170, 171, 173, 177, 179, 180, 183, 189, 190, 197, 198, 201 and 204, plus suburban allotments 2, 10, 11, 18, 28, 31, 32, 36, 42, 45, 46, 47, 50, 54, 56, 58, 63, 64, 69, 74, 76, 77, 78, 91, 92, 97,116, 122, 123, 128, 130, 139, 141, 142, 144, 147,149, 151, 154, 157, 162, 164, 165, 166 and 167 (all of which form part of Sections originally numbered - 4472, 4473, 4467 and 4477).

References:

  • Indenture and Release both dated 10 May 1847 between William Hampden Dutton, Duncan Macfarlane, and Archibald Walker.
  • Registry Office – No 424, book 11.
  • Release dated 10 May 1847 (4978).
  • A Memorial, dated 1 October 1849, of the above Indenture was submitted to the Deputy Registrar, GH Barnard, of the Registry Office for the Province of South Australia and after being found to be correct was registered under number 266 book 17.  After certification by the Deputy Registrar on 16 November 1849, the document was received by the Registry Office and enrolled under number 27 book 6 page 34.
  • Memorandum dated 28 August 1854: Registry Office - Received, deposited, and marked No 283 of 1854.

Comments:

  • This Indenture released the Mount Barker township allotments appropriated in the ballot held on 2 October from Willam Hampden DUTTON to Duncan MacFARLANE and then transferred them to Archibald WALKER.
  • Archibald WALKER apparently foreclosed on loans given to Duncan MacFARLANE for the Special Survey and this transaction was in final settlement.
  • The £400 purchase price represented the difference between the property value and the residual loan amount outstanding.

21 November 1849 ----

William Hampden DUTTON died intestate.  William Broughton DUTTON (aged 13) eldest son became Trustee of Legal Estate.

Comments:

  • Correspondence between William Broughton DUTTON and his uncle Frederick DUTTON indicates that there was considerable confusion as to what actual Mount Barker sections and allotments were included in the estate.  It was not until later legal advice had been obtained that the estate claims were clarified.

20 January 1851 ----

Supreme Court (Equitable Jurisdiction) - A Petition submitted by John FINNIS related to the estate of William Hampden DUTTON and Legal Estate of certain Suburban and Town Allotments in the Township of Mount Barker.  This stated that William Hampden DUTTON died 21 November 1849 intestate leaving his eldest son William Broughton DUTTON, an infant under the age of 21, as a Trustee of the Legal Estate, which included certain Suburban and Town Allotments which had not been transferred to John FINNIS in accordance with the requirements of the 'Indenture' dated 16 October 1841.

The matter was referred to the Master of the Supreme Court for judgement, and whose decision and subsequent order dated 13 January 1851 was:  That the infant do convey the Legal Estate of and in certain Suburban and Town Allotments in the Township of Mount Barker to John FINNIS, his heirs and assigns as follows:

  • Suburban allotments 185, 202, 174, 208, 182, 199, 176, 205, 188, 207, 181, 203.
  • Town allotments - 132, 168, 79, 153, 81, 134, 126, 75, 150, 155, 169, 66, 119, 148, 160, 80, 99, 94, 93, 129, 49, 53, 51, 159, 96, 124, 131, 71, 163, 60, 137, and 67

These instructions as ordered by the Master of the Supreme Court were issued on 20 January 1851.

References:

  • Indenture dated 10 May 1851 between William Broughton DUTTON, Duncan MacFARLANE and John FINNIS.

Comments:

  • Although John FINNIS had his balloted Sections legally transferred to him from WH DUTTON on 22 & 23 April 1842, he had not done the same for his balloted Mount Barker township allotments prior to the death of WH Dutton.  This meant that he had to apply to the Supreme Court to enable this transfer to be carried out by the Legal Estate of WH DUTTON.
  • The Town allotments which were transferred by the Partners upon certain trusts to Richard Francis NEWLAND and Edward Castres GWYNNE on 24 September 1840, just prior to the Partnership ballots being carried out and which were included in those conveyed to John FINNIS, were not included in the Supreme Court order.  These were Town allotments - 107, 22, 88, 26, 30, 20, 14, 25, 114, 82, 48, 37, 35, 99, 39, 108, 98, 89, 4, 16, 40, 109.
  • Last Town allotment shown as 67 in Supreme Court list, and 65 in Indenture list dated 10 May 1851 below.  Believed it should be allotment 65 as that was balloted to John Finnis (67 was balloted to WH Dutton).

10 May 1851 ----

Indenture dated 10 May 1851 - An agreement between William Broughton DUTTON (an infant under age 21), Duncan MacFARLANE, and John FINNIS for the release of certain Township of Mount Barker town and suburban allotments from William Hampden DUTTON's estate by William Broughton DUTTON, a Trustee of the Legal Estate, to John FINNIS in accordance with instructions ordered by the Master of the Supreme Court, 20 January 1851 as follows:

  • Suburban allotments - 185, 202, 174, 208, 182, 199, 176, 205, 188, 207, 181, 203.
  • Town allotments - 132, 168, 79, 153, 81, 134, 126, 75, 150, 155, 169, 66, 119, 148, 160, 80, 99, 94, 93, 129, 49, 53, 51, 159, 96, 124, 131, 71, 163, 60, 137, and 65

References:

  • Indenture dated 10 May 1851 between William Broughton Dutton (an infant under age 21), Duncan Macfarlane and John Finnis.
  • Registry Office 11 August 1851 No 380 book 34.
  • Memorandum dated 7 May 1852: Registry Office - Received, found to be correct, and enrolled No 56 book 12 page 86.

Comments:

  • Refer to Comments related to Supreme Court Order dated 20 January 1851 above.

27 October 1856 ----

Duncan MacFARLANE Esquire Glen Osmond died 27/10/1856.  Executors - John TAYLOR Esquire Urrbrae and John HECTOR Esquire Adelaide.  He died a wealthy man leaving a considerable estate.

1 July 1858 ----

Torrens Land Title Act – This system of property management introduced into South Australia by Sir Robert Richard Torrens, The Registrar-General of Deeds through the Real Property Act 1858.  This simple new system of land ownership became effective in South Australia from 1 July 1858.

27 June 1863 ----

William Broughton DUTTON died aged 25.  Executors - Robert Waters Moore surgeon Adelaide and John Taylor Esq., Ryelands.  He left all of his estate to his mother Charlotte da Silva DUTTON including lots at Mt Barker.

28 April 1865 (7932) ----

Memorandum Re Map or Plan of Township of Mount Barker - As subdivided by William Hampden DUTTON, Duncan MacFARLANE, and John FINNIS and dated 30 November 1864.

Purported to be signed by Charlotte De Silva DUTTON, devizee in fee of the Will of William Broughton DUTTON, Heirs at Law of William Hampden DUTTON, John TAYLOR, Devizee in trust of the Will of Duncan MacFARLANE deceased, and the said John FINNIS dated 30 November 1864.

References:

  • Registry Office: 28 April 1865 - Received, found to be correct, and marked No 81 of 1865.

7 September 1865 ----

The following allotments in township Mount Barker transferred to Charlotte da Silva DUTTON widow North Adelaide in accordance with Will of her son, William Broughton Dutton:

  • Suburban Allotments - 172, 186, 187, 193, 194.
  • Town Allotments - 1, 12, 17, 19, 21, 23, 24, 27, 29, 33, 34, 38, 41, 43, 44, 52, 55, 57, 59, 61, 62, 67, 70, 72, 90, 101, one third of allotment 102, 104, 110, 113, 118, 120, 121, 125, 127, 133, 135, 136, 138, 146, 156, 158, 161.

Comments:

  • These allotments were those remaining unsold from those appropriated on behalf of William Hampden DUTTON by his brother, Frederick Hansborough Dutton, at the original ballot carried out by the Partners on 2 October 1840.
  • The allotments consisted of ‘pieces or parcels and allotments of land situate lying and being in the township of Mt Barker’ and ‘all those pieces or parcels of land situate lying and being near the township of Mt Barker and the lands suburban thereto numbered as in the second schedule’ and had been transferred on 10 January 1865 by Gordon Sandeman merchant Sydney, George Ward Cole merchant Melbourne and Jones Agnew Smith Esquire Pt Stephens (sole surviving trustees of WH Dutton’s estate) to Ewen Wallace Cameron esquire (Charlotte da Silva Dutton's brother) Sydney for £200.  The allotments had then subsequently been transferred on 7 September 1865 by Ewen Wallace Cameron esquire Sydney to Charlotte da Silva Dutton widow North Adelaide for £200.

13 August 1872 ----

John FINNIS died.  Executor, Mary Ann FINNIS (wife) in trust for John Mercer FINNIS (son).

Comments:

  • He died a reasonably wealthy man.
  • Sections still held by John FINNIS at time of death were: Nos 4442, 4443 and 4447.  (He had previously obtained sections 4442 and 4443 from Duncan Macfarlane - Check details and when).
  • These sections remained in the family until they were sold by the Executors of the Estate of John Finnis' son, John Mercer FINNIS, on his death in 1909.

 

References

The above was compiled by AM Finnis mainly from information obtained from the following:

  • 'The First Special Survey by HJ Finnis' - (Extract from proceedings of the Royal Geographical Society, South Australian Branch, Session 1950-51, Vol. 52)
  • 'Captain John Finnis 1802-1872, A Brief Biographical Sketch' - by Harold J. Finnis 1958  (published by 'The Pioneers' Association of South Australia')

  • 'The Expansion of the Pastoral Industry in South Australia' - by Sean C. Dawes  (published in the 'Journal of the Historical Society of South Australia' - No 12, 1984)

  • 'Pastoral Pioneers of South Australia - Vol 1 & 2'  (Gould Genealogy CD)

  • 'Account of the Colony of South Australia'  (Gould Genealogy CD)

  • 'Aldine History of South Australia'  (Gould Genealogy CD)

  • 'South Australia - An Agricultural and Pastoral State in the Making 1836-46'  (Gould Genealogy CD)

  • 'Mostly Mount Barker - in South Australia - Aspects of the early history of the district, including Blakiston', by Vivien S. Martin 1982.

  • 'Mount Barker - Mountain Upon the Plain', by Bob Schmidt.

  • Miscellaneous newspaper articles and reports.

  • State Library of South Australia - PRG 368 (Autobiographical/Biographical Harold Jack Finnis)

  • State Library of South Australia - PRG 396 (Papers relating to Dutton family property at Mount Barker).  Accessed by permission of family representative.

  • Finnis family document on Captain John Finnis and his Letters by Harold J Finnis (55 pages); File also available from National Library of Australia.