Martha Blackman [709]

   Ancestral File Number: 9SBN-84. FamilySearch ID: LHV7-WL9.

  Burial Notes:

Kelso, Holy Trinity Church of England.

  Noted events in her life were:

• Court: Police Court, 1896 Dec 23. ⁵ Police Court. (1896, December 23). Bathurst Free Press and Mining Journal (NSW : 1851-1904), p. 2. Retrieved June 8, 2011, from <http://nla.gov.au/nla.news-article63939141>

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.

• Court: Police Court, 1897 Jan 19. ⁵ Police Court. (1897, January 19). Bathurst Free Press and Mining Journal (NSW : 1851-1904), p. 2. Retrieved June 8, 2011, from <http://nla.gov.au/nla.news-article62034526>
Police Court.
MONDAY, January 1 8th, 1897. (Before the Police Magistrate. Summons Case. action for ejectment.
Daniel Davidson v. Jamas Parkes. \emdash De- fendant was charged with refusing to de- liver up possession of land held by him at Raglan, the property of Martha Ains- worth.
Mr. McPhillamy applied for complain- ant, Mr. Kenny for defendant. Complainant deposed that defendant rented 31 acres of land at Raglan, for which he paid £2 8s per year in advance ; when witness went to him for possession he said he had paid his rent up and would not give up possession. To the Bench: I made demand for pos- session some few days after the expiration of the year. To Mr. Kenny : I hold no authority in writing making me my mother's agent; cannot say if my brother ever had any. authority ; I merely told defendant I was agent for mother ; I told him in March or April that I was agent ; do not know when mother became possessed of the property ; her son had a life interest in it and. became insolvent and mother bought his interest at auction ; Parkes told me he had paid Joseph Ainsworth another year's rent in advance. James Ainsworth deposed that he acted with complainant as agent for his mother; Parkes told witness he had the land for 12 months ; he spoke to witness about it be- fore taking it ; he never spoke about the renewal ; he promised to give the last half year's rent to mother, but he did not do so ; it was understood that Daniel Davidson would take the paddock at the expiration of his lease ; he did not seem to like it and made no reply ; he told witness he had got a letter from his brother Joe saying be could have it for twelve months. To Mr. Kenny : I took no part in letting it ; my brother Joe let it for the first 12 months and we did not interfere ; mother did not, through me, refer Parkes to Joe about the paddock; never told him to refer to Joe ; mother had reasons for not letting the paddock. Martha Ainsworth deposed, in answer to Mr. Kenny, that she got the property from the Official Assignee, and it was to come to him after her death ; allowed him to let it and take the rent ; told Joe that his brother Daniel would take the paddock. John McPhillamy, solicitor for com- plainant, deposed to receiving a letter from defendant in response to one be had sent him ; the letter stated that the lease expired on the 6th December 1896, and that he held a receipt from complainant for twelve months rent to December, 1897. The Police Magistrate said that there was no evidence as to the creation of a tenancy and the agent who let it was absent, nor was there any evidence of the withdrawal of the appointment. If the owner cancelled the agency and notice was given to the tenant they could then take action. He did not think it necessary to call evidence for the defence, and gave a verdict for defendant. Mr. Kenny applied for costs. Mr. McPhillamy objected to the costs. Here was a man holding land -from an old lady 84 years of age. He was getting it at a cheap rent while the incoming tenant would pay £30 a year and thus furnish something for his mother to live on. Mr. Kenny said the rent was paid until December next. The Police Magistrate said that there was no verbal statement made to Parkes by the young men and he would not allow costs.

• Registration: Death, 1901, Bathurst District, New South Wales, Australia. ⁶ 8535/1901
AINSWORTH, MARTHA
JOHN
ELIZABETH
BATHURST

Martha married Robert Davison [23768] [9V9L-KCX] [MRIN: 17120], son of John Davison [111] [KFLM-Z6V] and Hannah Jackson [114] [9V9L-KC5], on 1832 Jun 26 in Kelso, Roxburgh County, New South Wales.¹ (Robert Davison [23768] [9V9L-KCX] was born in 1806 in Toppesfield, Essex, England, United Kingdom ², christened on 1806 Mar 2 in Toppesfield, Essex, England ⁷ and died in 1843 in New South Wales ⁸.)

  Noted events in their marriage were:

• Application to Marry, 1832 May 1. ⁹ <http://srwww.records.nsw.gov.au/indexsearch/searchhits.aspx?table=Applications> to Marry&ID=68&query=davidson&frm=0

ntblApplications to Marry Items selected:(max 10 items)ntbl Photocopies: The cost varies according to the size/format of the record. A $15.00 Admin fee + postage also applies <http://www.records.nsw.gov.au/state-archives/copy-service/fees-and-charges>.
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Robert Davidson
Marquis of Hastings
Age - 26; Sentence - 7 yrs; Condition - Bond.
Martha Blackman
-
Age - 19; Born in Colony.
11 May 1832
Revd J. E. Keane
Bathurst
NRS 12212 [4/4508; Fiche 780]

  Marriage Notes:

Kelso, Holy Trinity Church of England.

Church records show that Robert Davidson and Martha Blackman were registered to be married 26 April 1832 but this record has been noted "Marriage Disallowed". Further records show that they were married by the Rev George Espey Keane "With the Governor's Consent" on 6 June 1832. Witnesses were George Blackman and Henrietta Merrick.

⁴

Martha next married Joseph Ainsworth [23769] [LCZJ-M12] [MRIN: 17121], son of John Ainsworth [182] [LCRK-BP6] and Mary Ann Butcher [192] [LKXT-7YL], on 1843 Dec 29 in Bathurst, Bathurst County, New South Wales.² (Joseph Ainsworth [23769] [LCZJ-M12] was born on 1808 Oct 18 in England, United Kingdom,² died on 1885 Nov 18 in Raglan, Roxburgh County, New South Wales ¹⁰ and was buried in Kelso Cemetery, Roxburgh County, New South Wales.)

  Noted events in their marriage were:

• Registration: Marriage, 1843, Bathurst, Bathurst County, New South Wales. ¹¹ V18431813 76/1843
AINSWORTH, JOSEPH
DAVIDSON, MARTHA
JI

  Marriage Notes:

Bathurst, St Stephen's Presberterian Church.