Joseph Ainsworth [838] ²

   FamilySearch ID: KLXQ-WBT.

  Christening Notes:

Bathurst, St Stephen's Presberterian Church.

  Noted events in his life were:

• Registration: Birth, 1845, New South Wales. ⁴

• Contract, 1864 Apr 27. ⁵ GOVERNMENT GAZETTE. (1864, April 27). Empire (Sydney, NSW : 1850-1875), p. 5. Retrieved June 9, 2011, from <http://nla.gov.au/nla.news-article60577830>

Joseph Ainsworth-Con-tract No. 7.64, Brown's Hill to Raglan township. Great Southern Boad.-2nd Division-2nd District.

• Occupation: Publican, 1867, Kelso, Roxburgh County, New South Wales. ⁶

• Advertising: GOVERNMENT GAZETTE, 1873 Dec 24. ⁵ GOVERNMENT GAZETTE. (1873, December 24). The Sydney Morning Herald (NSW : 1842-1954), p. 6. Retrieved June 8, 2011, from <http://nla.gov.au/nla.news-article13328931>

TRUSTEES.-The undermentioned gentlemen have been appointed as trustees :- … Of the portions of land at Raglan, dedicated as sites for a Church of England church and parsonage: The Right Rev. the Bishop of Bathurst, the Rev. Arthur Cass, Messrs, Joseph Ainsworth, sen., Joseph Ainsworth, jun., and George Churches. …

• Land: APPROVED CLAIMS FOR UNDEFINED PRE-EMPTIVE LEASES, 1875 Feb 6. ⁵ GOVERNMENT GAZETTE. (1875, February 6). Empire (Sydney, NSW : 1850-1875), p. 4. Retrieved June 9, 2011, from <http://nla.gov.au/nla.news-article61020982>
APPROVED CLAIMS FOR UNDEFINED PRE-EMPTIVE LEASES,
-lt is notified for the information of all persons concerned, that under the provisions of the Crown Lands Occupation Act , of 1861, claims for pre-emptive leases have been made by the persons enumerated in the subjoined list, in right of the several portions of land therein referred to, and have been approved subject to the conditions set forth in the regulations of 1st November, 1861: John George Button, parish of Milla-murra; Joseph Ainsworth, Jesse; Jane Eaton, Blenheim;

• School: Public School Board, 1875 Mar 24. ⁵ GOVERNMENT GAZETTE. (1875, March 24). The Sydney Morning Herald (NSW : 1842-1954), p. 7. Retrieved June 9, 2011, from <http://nla.gov.au/nla.news-article13354079>

The undermentioned gentleman have been appointed to form the Public School Board of the Public school established at the place specified in connection with their names respectively, viz. :-Raglan : Messrs. Charles Richard Chapman Tindale, Joseph Ainsworth, jun., Ben- jamin Cutler, Edward Heaton, and William Kite.

• Licence: Renewal, 1882 Apr 19. ⁵ RENEWAL OF LICENSES. (1882, April 19). Bathurst Free Press and Mining Journal (NSW : 1851-1904), p. 2. Retrieved June 8, 2011, from <http://nla.gov.au/nla.news-article65078145>
RENEWAL OF LICENSES.
The following applications for renewal of licenses were heard and determined. Joseph Ainsworth, Raglan Hotel, The Inspector's report stated that the house did not contain the necessary accommodation. Ap-plicant had filed statutory declaration that the house did contain the accommodation, but he now sought to withdraw it. The Bench granted a directive of the renewal, extending the time for makgin the statuary declaration to November 1st - The Chairman stated that the Court had dealt very liberally in allowing such time for alterations.

• Court, 1887 Jun 20. ⁵ LAW REPORT. (1887, June 20). The Sydney Morning Herald (NSW : 1842-1954), p. 11. Retrieved June 8, 2011, from <http://nla.gov.au/nla.news-article13661258>
Joseph Ainsworth, of Binbenang, near Bathurst, gold miner. Liabilities, £614 18s. Assets, £193. Mr. L. T. Lloyd, official assignee.

• Land: Sale, 1887 Jun 21. ⁵ INSOLVENCY BUSINESS. (1887, September 21). The Sydney Morning Herald (NSW : 1842-1954), p. 4. Retrieved June 9, 2011, from <http://nla.gov.au/nla.news-article13653171>
INSOLVENCY BUSINESS.
Wednesday.-… At 11 a.m.: Joseph Pemberton, Joseph Ainsworth, …

Advertising. (1887, June 21). Bathurst Free Press and Mining Journal (NSW : 1851-1904), p. 3. Retrieved June 9, 2011, from <http://nla.gov.au/nla.news-article62218075>

LAND AT RAGLAN (4 Miles from Bathurst.) COMPRISING- Town Lots in the Village of Raglan, Near the Railway Station. And will be submitted to auction as folloinwg : \emdash LOT 1. \emdash Block of Land, being the whole of Section 13, containing 11 acres and 21 perches enclosed, and close to the Railway Station, LOT 2.\emdash Block of Land, being portion of Section 6, containing five acres two roods, enclosed. LOT 8.\emdash One Half- Acre Lot in Section No, 4, unenclosed.
Under the Will of the late Mr. Jos. Ainsworth. MONDAY NEXT, 27th JUNE. AT THE ROYAL HOTEL, BATHURST, At 3 o'clock sharp. R. and W. OAKES are in- structed by Messrs. JOSEPH and JAMES HENRY AINSWORTH (Executors in the Will of the late Joseph Ainsworth) to sell by public auction at the Royal Hotel, Bathurst, on MONDAY, 27th June, 1887, at 3 o'clock sharp, THE ABOVE PORTIONS OF LAND, in the Village of Raglan, improved, and having, frontages to Main Streets. TERMS AT SALE. For further particulars apply to the Auctioneers.

Advertising. (1886, April 20). Bathurst Free Press and Mining Journal (NSW : 1851-1904), p. 3. Retrieved June 9, 2011, from <http://nla.gov.au/nla.news-article62017465>
OPHIR HEIGHTS, TWO ORIGINAL HALF-ACRE ALLOT- MENTS IN WILLIAM-STREET, Having a frontage in all of 132 feet to that street, with a depth of 330 feet ; being Lots Nos. 14 and 15 of Section 79 Plan of Bathurst. Thursday, 22nd April, 1886, ON THE GROUND, At 8 o'clock. R. &. W. OAKES ARE instructed by the Trustees of the late Mr. Joseph Ainsworth to sell by public auction, on the ground, on THURSDAY, 22nd APRIL, at 3 o'clock, The above Very Valuable Block of Land, IN THE MAIN STREET OF BATHURST, Being, without exception, the BEST AVAILABLE BUILDING SITE On the Heights of the City, Commanding Splendid Views of the District, and within Five Minutes' Walk of the Business Centre of the Town. FOR ABSOLUTE SALE, TERMS\emdash CASH.

Advertising. (1851, August 2). Bathurst Free Press and Mining Journal (NSW : 1851-1904), p. 8. Retrieved June 9, 2011, from <http://nla.gov.au/nla.news-article62517625>
Strayed.
FROM Macquarie Plains a bay Horse, black points, star in the forehead, branded E near shoulder with two small letters above not very le- gible. Any person will receive a reward of TEN shillings upon delivery to the Undersigned, if strayed, or £5 if stolen, upon conviction of the thief. JOSEPH AINSWORTH. Macquarie Plains.

• Court: Insolvency Court, 1887 Jul 23. ⁵ Insolvency Court. (1887, July 23). Bathurst Free Press and Mining Journal (NSW : 1851-1904), p. 2. Retrieved June 8, 2011, from <http://nla.gov.au/nla.news-article62216685>
Insolvency Court.
FRIDAY, July 22nd, 1887. (Before the Distriot Commissioner.)
In the estate of Joseph. Ainsworth, farmer, of Ranglan, first meeting for proof of debt. \emdash Mr. Thompson appeared on Insolvent's behalf \emdash Insolvent did not appear. \emdash One debt was proved, Proon and Smith, grocers, of William street, for £24: 15s. \emdash The meeting then ter- minated.

• Court: Insolvency Court, 1887 Aug 2. ⁵ Insolvency Court. (1887, August 2). Bathurst Free Press and Mining Journal (NSW : 1851-1904), p. 2. Retrieved June 8, 2011, from <http://nla.gov.au/nla.news-article62218509>
Insolvency Court.
FRIDAY, July 29th, 1887. (Before the District Commissioner, Mr. B. Lee, P.M.)
In the insolvent estate of Joseph Ainsworth, gold miner, of Bimbenang, near Bathurst, second meeting. \emdash Mr. Thompson for insolvent. \emdash Insolvent's schedule showed that his liabilities amounted to £614 18s., of which £120 was secured on mortgage ; his assets amounted to £193, leaving a deficiency of £421 18s.\emdash One proof was made by J. C. Howard, of £110, £90 of which was for money lent, the remainder for shares in mines.\emdash Joseph Ainsworth deposed that he wished to amend his schedule by insert- ing in his assets an interest in expectancy in a house and land at Raglan : he did not know what value this would be ; he became entitled to it only on the death of his mother ; the rents now are £50 a year : he accounted for his insolvency through the insolvency of Daniel Davidson, of Yarras, to whom he had lent money, and given accommodation bills ; his loss in this way was over £650 ; he had received several letters from the Bank of New South Wales, which hold an accommodation bill in Davidson's estate, and which recently fell due ; during the last 15 months insolvent has been engaged in mining ; he had been put to considerable expense, but had had no returns. \emdash No order was made, and the meeting closed.

• Court: BANKRUPTCY COURT, 1888 Aug 17. ⁵ BANKRUPTCY COURT.\emdash THURSDAY. (1888, August 17). The Sydney Morning Herald (NSW : 1842-1954), p. 3. Retrieved June 8, 2011, from <http://nla.gov.au/nla.news-article13693541>
ACCOUNTS AND PLANS.
Accounts and plans were confirmed in the following estates :-…, re Joseph Ainsworth, …

• Court: Small Debts' Court, 1893 Aug 21. ⁵ Small Debts' Court. (1893, August 21). Bathurst Free Press and Mining Journal (NSW : 1851-1904), p. 3. Retrieved June 9, 2011, from <http://nla.gov.au/nla.news-article62181171>
Joseph Ainsworth, deposed that he had formerly been a sheep owner ; on the Monday after these sheep had been killed ; he saw three which were skeletons, and the animals had evidently been dead about a month ; four were torn about but had been dead several days ; one sheep was whole and had not been torn ; it was impossible for these sheep to be so well cleaned unless by a pack of hounds.

• Court: Supreme Court of NSW, 1894 May 12. ⁵ LAW REPORT. SUPREME COURT.\emdash FRIDAY, MAY 11. (1894, May 12). The Sydney Morning Herald (NSW : 1842-1954), p. 13. Retrieved June 9, 2011, from <http://nla.gov.au/nla.news-article13951054>

AINSWORTH V. BATES
Mr. L. Owen, instructed by Mr. H. White, ap- peared for the plaintiffs, Joseph Ainsworth and James Henry Ainsworth; Mr. A. H. Simpson, in- structed by Messrs. Iceton and Faithfull, as agents for Mr M'Phillamy, of Bathurst for the defen- dant William Bates; and Dr. Cullen instructed by Messrs. Dibbs and Gibson, for Ernest Victor Bates.
This was an application to determine whether the executors of the will of the late Joseph Ainsworth should pay the whole of the £800 left under the will to Ernest Victor Bates or whether they would be justified in paying half of the said sum to William Bates as administrator. Joseph Ainsworth, of Raglan, by his will, dated November 30, 1883, devised to his executors, in trust for his daughter, Martha Jane Ainsworth £800, to be placed at interest which she was to receive during her life, her children, if she had any, to receive the £800 at her death. If she died without issue the money was to be divided amongst any of his children living. He died on 19th November 1885, and his daughter having married William Bates the defendant died on 26th March 1892, leaving two children Ernest Victor Bates and William Cecil Bates, the latter of whom died on 11th October, 1892. Defendant William Bates on 12th October last obtained letters of administration of the estate and effects of William Cecil Bates and now claimed to be paid by plaintiffs an half of the £800.
His Honor determined that Ernest Victor Bates was entitled to the whole of the £800.

• Licence: Transfer of License, 1895 Apr 30. ⁵ Local and General. (1895, April 30). Bathurst Free Press and Mining Journal (NSW : 1851-1904), p. 2. Retrieved June 8, 2011, from <http://nla.gov.au/nla.news-article62734485>

Transfer of License. \emdash This morning an application was made by W. H. Tinker, of the Raglan Hotel, through Mr. Mcln- tosh, for a transfer of his publican's license to Joseph Ainsworth, for whom Mr. Thompson appeared. Mr. Thompson produced testimonials giving Mr. Ains- worth a very high character. Senior Sergeant Morris said he was quite satis- fied with the testimonials produced, and the application was thereupon granted.

• Licence, 1895 Jun 24. ⁵ Licensing Court. (1895, June 24). Bathurst Free Press and Mining Journal (NSW : 1851-1904), p. 3. Retrieved June 8, 2011, from <http://nla.gov.au/nla.news-article62743402>
Licensing Court.
MONDAY, June 24TH, 1895. (Before the Police Magistrate, Dr. Bassett, and Mr. J. Jago Smith, J's.P.) The annual meeting of the Licensing Bench was held for the purpose of grant- ing renewals of licenses falling due on June 30th. The Inspector had not made objections in any one case and the appli-cations were all granted in the following order :\emdash Joseph Ainsworth, Raglan ; …

• Court: Police Court, 1896 Dec 23. ⁵ 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.

Joseph married Emily Rue [839] [KJZK-G32] [MRIN: 93], daughter of James Rue [2658] [KLZY-FJB] and Mary A May [2659] [LK6Z-M41], on 1867 Oct 22 in Bathurst, Bathurst County, New South Wales.¹ (Emily Rue [839] [KJZK-G32] was born in 1849 in Bathurst, Bathurst County, New South Wales,¹ died on 1930 Jul 16 in Kensington, Cumberland County, New South Wales, Australia and was buried on 1930 Jul 18 in Rookwood, Cumberland County, New South Wales, Australia.)

  Noted events in their marriage were:

• Registration: Marriage, 1867, Bathurst District, New South Wales. ⁷

• Marriage Notice, 1867 Nov 1. ⁵ Family Notices. (1867, November 1). Empire (Sydney, NSW : 1850-1875), p. 1. Retrieved June 8, 2011, from <http://nla.gov.au/nla.news-article60846572>

On the 22nd October, by special license, at Trinity Church, Kelso, by the Rev. W. Lisle, Joseph, oldest son of Mr. Joseph Ainsworth, of Raglan., of Emily, sixth daughter of Mr. James Rue, of Dockaine.