Joseph William Ainsworth [15801] 2
- Born: 1868, Bathurst District, New South Wales 3
- Marriage: Kate Hurst [22930] [KHL9-ZFG] in 1893 in Sydney District, New South Wales 1
- Died: 1945 Sep 5, Ryde District, New South Wales, Australia at age 77 4
FamilySearch ID: LHDV-BLY.
Noted events in his life were:
• Registration: Birth, 1868, Bathurst District, New South Wales. 5 6113/1868 AINSWORTH, JOSEPH W JOSEPH EMILY BATHURST
• Court: Police Court, 1896 Dec 23. 6 Police Court. (Before Mesers. W. O. Kelk and J. Simmons, J's.P.) Alleged Breach of Tenants Act. Martha Ainaworth v. Charles Steward.\emdash Complainant sought to recover possession of the Baglan Hotel, Raglan, of which defendant was in occupation, the lease expiring on 20th Oct., last. Mr. McPhillamy appeared for complainant, and Mr. McIntosh (for Mr. Kenny) appeared for defendant. Mr. McPhillamy explained that the house was let to defendant on a yearly lease, but he now refused to quit. The license for the house had been cancelled, but defendant had informed the Bench that he would not put any furniture into the house because he feared the landlord would distrain. He also declined to leave. Daniel Davidson, son of complainant, deposed that Joseph Ainsworth, a step-brother, was agent and let the place, the mother being almost bed ridden ; there was a half year's rent unpaid, but they agreed to let him go without paying this if he gave up possession ; defendant said he could not pay but promised to give up pos-session; when demand was made he said he had altered his mind and would not go ; de- mands have since been made for possesion, but he always refused ; the only rent received was after tbe bailiff had been put in ; defendant's property did not realise the amount due, and other property belonging to Mr, Fitzpatrick was not taken possession of. To Mr. McIntosh : When he would not give up possession we asked him to let us have two rooms ; mother wanted to go and live there ; do not know the 20th October, 1895, falls on a Sun- day; I am not in any way interested inthe property; as soon as Steward leaves I intend to go and live there. To. Mr. McPhillamy : Mother is very old and almost bedridden ; she is dependent on the rent from this plaoe, but as no rent has been paid she has been compelled to live with her son ; I want to go in and take the place for my mother. Martha Ainswarth, an old lady, who was assisted into court by her son, was sworn, and deposed that she was a widow and lived with her son at Raglan ; she was in the house the day Steward came to rent the hotel ; Joseph Ainsworth was her agent and had authority to let it for her ; he told her he had let it very low because business was bad ; witness consented to defendant taking the place ; she had received no rental from defendant and now wanted to go back and live in the place. James Henry Ainsworth deposed that he went in June last with Daniel Davidson to see defendant about the rent; witness had spoken to him several times about the rent due but he said he oould not pay anything ; he said he had taken the plaoe for twelve months at £46 a year ; £5 was to be allowed for improvements, and the rent was to be paid half yearly; asked him if he would de- liver up two rooms so that the party who was going to take the place might have possession ; he agreed to do this ; about two days after de- fendant pulled witness up and said he had altered his mind and would not given up the place. To. Mr. Molntosh : I knew the terms of the lease before I went to see Steward ; cannot say when his tenancy commenced except in Ootober. This was complainant' s case. Mr. Mclntosh moved for a non-suit on the ground that no evidence as to the creation and determination, of the tenancy had been given. It the non-suit was not granted he would call evidence. The Bench preferred to hear evidence for the defence. Charles Steward, defendant, deposed : When I took possession Joseph Ainsworth had the house; Mrs. Ainsworth, senior, referred me to her son,who was her agent ; it was about the 1st or 2nd Ootober, 1895 when I saw Joseph Ainsworth; his son William was there; he agreed to let me have the place at £45 a year for three years with the use of all the furniture ; he promised to give me a lease in writing, but he never did so ; he repeated this agreement be- fore his son in town again subsequently ; soon after I went into possession an execution was token out against Mrs. Ainsworth, senior, and all the furniture was sold ; Mr. Fitzpatrick bought the furniture ; I had to rent it from him ; the transfer of the license was made on Ootober 22 ; on the 1st July this year I took out a fresh license and it it had not been (or the promise of a lease I would not have taken this out ; in June last Aineworth and Davidson came to me about renting two rooms from me; I told them I would think it over, but I told them afterwards I would not consent to their request ; I had put in my application for a new license before they called te see me ; there is no truth in the state- ment made by Davidson and Ainsworth that they offered to let me move without paying. To Mr. MoPhiliamy : The morning after the transfer was made Joseph Ainsworth left, and and he promised to send a lease but did not do so ; I have had to pay rent to Fitzpatrick for the furniture ; the license has been cancelled because the house has not sufficient furniture ; the case was postposed to enable me to refurnish, but I would not refurnish because Aiasworth would come in and distrain. To the Bench : I cannot afford to pay the two rents; there was no harvest last year and it was a poor winter ; now there is a good harvest that man wants to come in ; he nipped me in the bud and wants to ruin me. To Mr. McIntosh: Joseph Ainsworth, the agent, promised to give me a three years' lease and would send me a written agreement ; on the strength of that promise I went into imme- diate possession. Joseph William Ainsworth deposed that he was the son of Joseph Ainsworth, agent for complainant ; he was managing business for his mother for years; in Ootober, 1895 witness's father brought Steward to witness and intro- duced him as the incoming tenant, that he was letting the place for £45 per year for the house and furniture, £6 to be allowed for repairs ; witness asked him if he had let it for any time, and he said he would let it for three or five years. To Mr. MoPhiliamy : I had some interest in the hotel and had lent father some money to go into business ; that was why he consulted me about Stewart; when speaking of the lease father sadi " If I give five years' lease it would run into expense, but I can make out a lease myself for three years ;" cannot say if the lease was ever mode out. Evidence in reply- Martha Ainsworth was recalled : Stewart did not see me until after he had possession of the place ; never told him to consult my son. Mr. Molntosh argued that under no circum- stances could defendant be other than a yearly tenancy, and that necessitated a notice for six months which must terminate in October, 1897. Mr. Kelk asked under what position the tenant was as he had not paid his rent. Mr. McIntosh said this had nothing whatever to do with it. Under the Act defendant could not be put out but if a provision was inserted in the lease that in the event of non-payment there should be a forfeiture, action must be taken under another section of the Act. Mr. McPhiliamy urged that it was a question of credibility. On one important point Mrs. Ainswworth had contradicted defendant. The Bench retired for a quarter of an hour to consider their verdict. After their return they said the case, to them, was one of im- portance. After carefully thinking about the matter they had decided to consider defendant a tenant on sufferance, and gave a verdict for complainant. Mr. McIntosh gave notice of applying for an order of prohibition. Mr. McPhillamy expressed a hope that such notice would not affect their worship's Christmas dinner. He applied for casts as the defendant had been living rent free for fifteen months. The Bench decided not to grant this applica- tion, as there had been so muoh exparte evidence given. The order of ejectment to take effect within seven days.
• Newspaper, 1931 Apr 23. 7 BUILDING SLUMP AT RYDE. (1931, April 23). The Sydney Morning Herald (NSW : 1842 - 1954), p. 4. Retrieved August 18, 2011, from <http://nla.gov.au/nla.news-article16771726> BUILDING SLUMP AT RYDE. Mr. J. W. Ainsworth, the Ryde Council's building inspector, reported to the council at the last meeting that the approximate value of building applications for the month of March was £1660. Before the slump in the building trade the estimate of the monthly applications was more than £30,000 on the average.
• Organizations: Treasurer - Ryde District Soldiers Memorial Hospital, 1934 May 14. 8 RYDE MEMORIAL HOSPITAL. (1934, May 14). The Sydney Morning Herald (NSW : 1842 - 1954), p. 8. Retrieved August 18, 2011, from RYDE MEMORIAL HOSPITAL. Official Opening Ceremony. The Ryde District Soldiers Memorial Hos-pital was officially opened on Saturday by the Minister for Local Government (Mr Spooner). After the president of the Rjde Hospital board had presented a golden key to Mr. Spooner and the door was opened, Major General Sir Charles Rosenthal, representing the returned soldiers, was the first to enter the building. "It is difficult" said Mr. Spooner, in his address, "to draw comparison between the wonderful monuments that have been erected in Australia to the memory of the soldiers and sailors. There is no more fitting monument, no more beautiful thought than, is represented by this hospital. Their memory will not only be perpetuated by the buildings that are erected, but by the works of faith and loyalty performed therein. The buildings are but an outward and visible sign of an inward and spiritual grace. Men and women will serve in this hospital in the memory of the greatest sacrifice the world has known." The Minister for Commerce (Mr. Stewart) said that while it might be claimed that memorials to soldiers and sailors glorified war, this one could not be classed as such for the hospital was established to save life and not to take it. Mr W. A. Holman, M.P., said that he was surprised on entering St Paul's, in London to observe that no monument had been erected to that great architect, Sir Christopher Wren, Merely his name appeared on a tablet and inscribed underneath were these words in Latin: If you desire to see his monument, look about you." Here in Austialia, he said, we have a happy and prosperous country and so I say: "If you wish to see a monument to the Australian soldlers who fought, and many of whom died, look about you." Sir Charles Rosenthal suggested that a tablet bearing the names of the men who had enlisted in the district should be erected in the hospital. Mr. D. M. Anderson president of the hos-pital board, explained that the building, which was constructed by the building section of the Public Works Department, contained 56 beds, but utilisation of verandah space could in- crease the accommodation to 80 or 90 beds. A sum of £20,000 had been granted by the Government, and £14,000 of the amount the committee had in hand was added. The cost of the building complete could not yet be given, but £5000 or £0000 still in hand would be needed for supplying an X-ray plant, modern laundry, and heating system. The board estimated that the cost of upkeep would be about £10,000 a year. The hospital would serve districts from Gladesville to Epping. Mr. Anderson warmly praised the services of Mr. J. Redshaw, hon. secretary, and Mr. J. W. Ainsworth, hon. Treasurer.
• Registration: Death, 1945, Ryde District, New South Wales, Australia. 9 21009/1945 AINSWORTH, JOSEPH WILLIAM JOSEPH EMILY RYDE
• Family Notices, 1945 Sep 6. 10 Family Notices. (1945, September 6). The Sydney Morning Herald (NSW : 1842 - 1954), p. 14. Retrieved August 18, 2011, from <http://nla.gov.au/nla.news-article27920583> AINSWORTH.-September 5, 1943, at Ryde District Soldiers' Memorial- Hospital, Joseph William (late president of the above hos-pital), dearly beloved husband of Kate and loving father of Ronald. Keith -(deceased, P.O.W.). and Madge, father-in-law of Leath and grandfather of Lois, aged 77 years. AINSWORTH .-The Relatives and Friends of Mrs. Kate Ainsworth. Mr. and Mrs. Ron. Ainsworth and Family, Mr. K. Ainsworth (de-ceased, P.O.W.), and Miss Madge Ainsworth are invited, to attend the Funeral of her dearly beloved Husband and their loving Father, Father-in-law, and Grandfather, Joseph Wil-liam Ainsworth: to leave the Methodist Church, Ryde, This Day, after service commencing at 3 p.m., for the Crematorium. Northern Suburbs. Floral tributes direct to church. T. J. Andrews, A.F.D.A.. . 21-25 Enmore Road, Newtown, 'Phones. LA2373. etc. AINSWORTH.-Masonic Lodge Hunter's Hill. No. 139 U.G.L. of N.S.W.-The Officers and Brethren of the above Lodge and sister Lodges are requested to attend the Funeral of their late highly-esteemed Wor. Bro., Joseph William Ainsworth.- Regalia at Crematorium. For further particulars see family notice. H. G.Wise; W.M.; H. L. Farthing, P.M., Sec.
• Probate, 1945 Nov 13. 11 tem number or control symbol: Series 4-307272 Title: Joseph William Ainsworth - Date of Death 05/09/1945, Granted on 13/11/1945 Start date:
End date:
Record series containing this item: 13660 Probate packets starts by 01 Apr 1817 Access directions: 359 Effect: Early; Duration: 5 years from grant of probate Item control status: Electronic Item Lists available for part of holdings (Series 1, 2 and 3 and part of Series 4). Please contact reading rooms for assistance. Images:
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Joseph married Kate Hurst [22930] [KHL9-ZFG] [MRIN: 8313], daughter of Martin Hurst [34921] [LHQD-4K4] and Jane [34922] [KH6X-4PR], in 1893 in Sydney District, New South Wales.1 (Kate Hurst [22930] [KHL9-ZFG] was born about 1875, died on 1952 Nov 7 in Ryde District, New South Wales, Australia and was buried in Northern Suburbs Crematorium, Sydney, New South Wales, Australia.)
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