Hack Family Documents

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Contents

John Barton Hack's journal

journalA leather-bound, feint-ruled volume with a brass clasp (now missing), it was sold by J. & J. Mawdsley of Castle Street, Liverpool, successors to Gore & Son, stationers and printers and publishers of the General Advertiser. It was probably purchased by Barton Hack no later than Saturday, 25 June 1836, the day on which he started to record the dates correctly. journal first page

The first entry is dated 1836, 6 mo 18 in Quaker style, i.e., 18 June 1836. The next is 6 mo 20, first day, i.e., Sunday, 20 June, but 20 June 1836 was a Monday, not a Sunday. The following entry makes it clear that the previous day was indeed Sunday, 19 June 1836. This error continues until the entry for 6 mo 25, seventh day, which is correctly Saturday, 25 June 1836. This suggests that journal was purchased the day before and that the entries for earlier dates were added from notes made during their travels in the course of which the dates became confused.

The journal continues with regular, though not daily, entries until Wednesday, 24 May 1837, the day that his final consignment of household goods arrived in Adelaide from England. There is no obvious reason for it to break off at this point; the volume is not half full.

Bridget also kept a journal, which has not survived, and copies were sent back to the family in England. This copy, however, remained in Australia. Barton added an account of the uproar in Adelaide following the spearing of a shepherd in entries for 5 and 11 May 1839.

A transcription of the journal can be read or downloaded as a pdf file.

parnka letterWhen the family moved to the Coorong in 1858, Barton used the journal as a letterbook in which he kept rather scribbled and abbreviated copies of his business letters. These start at the back of the volume and finish on 2 December 1862, when he reached the earlier journal pages in the front half. The business letters start on 17 February 1861, but the earliest are obscured by proof pages of Barton's autobiographical writings being pasted over them. The first readable letters date from 28 May 1861.

The journal was probably given to Theodore, who was close to Barton at the end of his life, and then to Theodore's son Clement.Around 1916, Clement had a typescript of the journal prepared and presented a copy and the original journal to the State Library of South Australia. Copies also exist in the State Libraries of Victoria and New South Wales, as well as the National Library of Australia and the West Sussex Records Office in Chichester, England. The various copies show evidence of retyping as numerous small variants. The transcription on this site has resolved variants by reference to the original journal.

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John Barton Hack's autobiographical writings

Barton Hack wrote several versions of his reminiscences late in life. The first appeared in three instalments in the Methodist Journal in 1877 and covered the period from 1836 until the Victorian gold rush in 1852. It was based heavily on his journal. John Wrathall Bull reproduced part of this account (with some variations) in his Early Experiences of Colonial Life in 1878. Then after his retirement, Barton reworked the material and extended it to cover the whole period up to 1883 for his Reminiscences of a Pioneer which was published in three parts in the South Australian Register in April 1884. The last pages of the journal have what appear to be page proofs pasted in them (obscuring the early Coorong letters); these have handwritten corrections to the published version. These Reminiscences must have been well received because he then produced a fuller account under the title Early Settlement in South Australia. Experiences of a Pioneer. A manuscript draft of fourteen pages is tucked into the journal and the final version was published in five parts by the South Australian Register in July and August 1884. The final part appeared just two months before his death.

Transcriptions of all these documents can be found here as a pdf file.

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Legal Documents

Will of James Hack, 1803

James Hack, the founder of the Chichester branch of the Hack family, died on 17 December 1803. He was survived by his wife, four sons and one daughter and he made provision for them all as well as for his orphaned granddaughter, Mary Burns. The bulk of the estate must have passed to James, William, Daniel and Stephen on his wife's death on 24 May 1815.

This is the last Will and Testament of me James Hack the elder of the City of Chichester in the County of Sussex, merchant. I give and devise my moiety or half part of and in the freehold messuage with the appurtenances wherein I now dwell situate in East Street of the City of Chichester aforesaid unto my dear Wife for and during the term of her natural life and from and immediately after her decease I give and devise the same unto my sons, James, William, Daniel and Stephen, their Heirs and Assigns as Tenants in Common and not as joint Tenants. I also give unto my said sons the sum of two hundred pounds apiece to be paid within three Months after my decease. I constitute and appoint my Sons Executors of this my Will and I direct that my said Executors shall immediately after my decease set apart from my personal Estate the sum of twelve hundred pounds and invest the same in their own Names upon such Securities as they shall think proper and I direct that they shall stand possessed thereof upon the following Trusts, that is to say as to four hundred pounds part thereof upon Trust to pay the annual Interest or Dividends thereof half yearly or quarterly as they shall think proper in to the proper Hands of my daughter Margaret for her sole and separate use, independent of her Husband and not to be in any ways subject to his Debts, Arts, Engagements, Intermeddling or Control and her receipt alone notwithstanding her Coverture to be the only proper and sufficient discharge for the same, and, if my said Daughter shall survive her said Husband, then upon Trust in case my said Executors shall think proper so to do to pay the said four hundred pounds or assign the Securities for the same unto her for her own use and benefit, otherways upon Trust to pay the annual Interest and Dividends thereof unto her for and during the term of her natural life, and, from and immediately after her decease, then upon Trust to pay the Principal unto and equally between all her Children who shall then be living or the Issue of such of them as shall be then dead, with Issue to take no more than his or her parent would have done if living; but in case my Daughter shall die in the lifetime of her said husband, then upon Trust to pay the said Annuity or yearly sum of four hundred pounds unto and equally between all the Children of my said Daughter when and as they shall respectively attain the age of twenty one years and in the meantime to apply the annual Interest thereof for their benefit respectively in such manner as to my said Executors shall seem moot. And as to eight hundred pounds residue of the said sum of twelve hundred pounds upon Trust to pay the annual Interest thereof to my said Wife for an during the term of her natural life, and, from and immediately after her decease, then upon the like Trusts for the sole and separate use and benefit of my said Daughter during her Coverture and with the like discretion of paying the principal to her use in case she shall survive her said Husband, otherways for her benefit during her life and for her Children and Issue afterwards in like manner as I have herein before directed or declared of or concerning the said sum of four hundred pounds, and upon no other Trust whatsoever. Also I give to my Grand Son George Dean the sum of one hundred pounds to be paid to him at the age of twenty one years and the annual Interest thereof in the mean time to be paid and applied by my Executors for his use and benefit. I also give to my cousin Martha Hayllar the sum of twenty pounds to be paid to her within one Month next after my decease. I give to my said Wife all my Household Goods and Furniture, Plate, Silver and China for her own absolute use and benefit. And I direct my said Executors to set apart out of my personal Estate the further sum of one thousand pounds and to invest the same in their joint Names upon such Security as they shall think proper and I direct that they shall stand possessed thereof upon the Trusts following: to wit, upon Trust to pay the annual Interest thereof to my said Wife for and during the term of her natural life, and, from and immediately after her decease, upon further Trust to pay and apply such Interest or so much thereof as shall be requisite or as my Executors shall think proper in and towards the Maintenance and Education of my Grand Daughter Mary Burns during her Minority and, upon her attaining the age of twenty one years of upon the Marriage before that period with the consent of my said Executors, or the major part of them, whichever event shall first happen, then upon Trust to pay the said sum of one thousand pounds, together with the accumulated Interest thereof, if any, unto her, but, in case my said Grand Daughter shall die before attaining the age of twenty one years or before being married with such consent as aforesaid, then upon Trust to pay and divide all such Monies unto and equally between all my Grand Children who shall be then living, share and share alike. And all the rest and residue of my Monies and Securities for Money and other personal Estate whatsoever I give and bequeath unto my said Executors upon Trust for the benefit of my said Wife for and during the term of her natural life, and, from and immediately after her decease, then I give and bequeath the same unto my said Sons equally and to their respective Executors, Admin[istrat]ors and Assigns. And lastly I revoke and annull all former Wills by me made. In witness whereof I, the said James Hack, the Testator, have to this my last Will and Testament contained in this and the preceeding Sheet of paper subscribed my Name to each Sheet thereof and to this Sheet have set my Seal, this sixth day of February in the year of our Lord, one thousand eight hundred and two. James Hack [signature and seal].

Signed, sealed, published and Declared by the said James Hack, the Testator, as and for his last Will and Testament in the presence of us, who in his presence & at his request have hereunto subscribed our Names as Witnesses thereof. Richd D[?]ally, Edwd Box, Richd. Halsted [signatures]

Proved 7 March 1804.

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Will of Stephen Hack, 1823

Stephen Hack, the father of Barton and Stephen, died after a lenghty illness on 9 February 1823. The provisions of his will are greatly complicated by his desire to preserve the currier business for one or more of his sons, all of whom were then under twenty one. So both guardians for the children and executors who could oversee the business had to be appointed. The bulk of his estate was to be invested by the executors. One thousand pounds was to be released to each child on their attaining the age of twenty one, but the residue was not to be distributed until the death of Maria, which did not occur until 1844.

This is the last will and testament of me Stephen Hack of Chichester in the Country of Sussex currier and leather cutter I nominate and appoint my brothers James Hack and William Hack and my brother-in-law John Barton of Chichester aforesaid merchant and my friends Edward Janson and Halsey Janson of London warehousemen executors and trustees for the purposes of this my last will and testament and I appoint my dear wife and the said John Barton and Halsey Janson and the survivors and survivor of them guardians and guardian of my children during their respective minorities and I request my said executors within one calendar month after my interment to have a separate inventory taken of all my general property and effects not employed in my trade or business hereinafter mentioned to be carried on by them and a copy be made for every of the said executors I hereby direct that all my just debts and funeral and testamentary expenses shall be paid and satisfied as soon as conveniently may be after my decease and as I think it would be most advantageous to my family that the trade of a currier and leather cutter which I now carry on should be continued after my decease and preserved for such one or more of my sons as my said executors may think proper to bring up to the same trade or business now I give and bequeath all my capital stock in trade cash debts and effects which shall be employed in or about or belonging to the said trade or business at the time of my decease and also my messuage and other buildings and premises in Chichester aforesaid where my said business is carried on unto my said executors and trustees their heirs executors and administrators upon the trusts and to and for the intents and purposes hereinafter mentioned expressed and declared of and concerning the same that is to say upon trust that they my said executors and trustees and the survivors and survivor of them [added in margin: and the executors and administrators of such survivor shall] and do if they or he shall deem it adviseable carry on the said trade or business until such one or more of my sons as they shall bring up to my said trade or business shall attain his or their age or respective ages of twenty one years And my will is and I hereby direct that they my said executors and trustees and the survivors and survivor of them and the executors or administrators of such survivor do and shall immediately after my decease cause a full true and just account in writing to be made and taken of all the capital stock and cash employed in the said trade or business and all debts and things which shall then belonging due and owing to the said trade or business and of all such debts as shall be due or owing from or by reason of the said trade or business to any person or persons and shall and do cause a just valuation and appraisement to be made of all the particulars in the said account in order that the net amount of the capital then employed in the said trade or business may clearly appear and shall and do on the first day of January next after my decease or within one calendar month then next following and so yearly and every year whilst my said trade or business shall be carried on by them my said executors and trustees in pursuance of the powers herein for that purpose contained on the same day or within one calendar month next afterwards cause to be made up and stated a full and accurate account statement and adjustment of the accounts of the said trade or business and shall and do cause to be made and taken a like account in writing of all stock monies debts and other things which shall be then belonging due or owing to the said trade or business and of all such debts as shall be due and owing from or by the said trade or business and of all such debts as shall be due or owing from or by the said trade or business to any person or persons whomsoever and do and shall cause a just valuation and appraisement to be made of all the particulars included in such account And my will is and I do hereby direct that the net gains and profits arising or to be made from the said trade or business shall be applied in the manner hereinafter mentioned and as to for and concerning all the rest residue and remainder of my estate and effects whatsoever and wheresoever and of what nature quality or kind soever the same may be both real and personal which I shall be seized or possessed of or interested in or in any manner entitled unto in possession reversion remainder or expectancy at the time of my decease I give devise and bequeath the same unto my said executors and trustees their heirs executors administrators and assigns according to the nature and quality thereof upon trust to sell and dispose of such parts thereof as shall be in their nature saleable either by public sale or private contract and convert the same into money as soon as may be after my decease and to collect get in and receive all such parts thereof as shall not be in their nature saleable and I do hereby declare my will to be and direct that my said executors and trustees and the survivors and survivor of them and the executors and administrators of such survivor shall and do from time to time place out and invest the monies which shall arise by sale as aforesaid and also such monies as shall be collected got in and received as aforesaid in the stock of the Bank of England or on real or government securities or in some of the public funds in the names of my said executors or trustees or in the names or name of the survivors or survivor of them or the executors or administrators of such survivor which securities and funds and all other securities and funds in or upon which all or any of the trust monies which shall come to their or any of their hands under and by virtue of this my will or the trusts or powers herein expressed shall be invested it shall and may be lawful to and for my said executors and trustees and the survivors and survivor of them his executors or administrators to alter and transpose at discretion and shall and do stand possessed of and interested in the stocks funds and securities in or upon which the money to be collected got in and received and to arise by sale as aforesaid shall be invested upon the trusts and to and for the intents and purposes hereinafter expressed or declared of and concerning the same and for facilitating the sale of my estate and effects hereinbefore and hereinafter by me directed to be sold I do hereby direct that the receipt and receipts of my said executors and trustees or the survivors or survivor of them or of the heirs executors administrators of such survivor shall from time to time be a good and sufficient discharge and good and sufficient discharges to the purchaser or purchasers of the estate and effects hereinbefore and hereinafter directed to be sold or any of them or any part or parts thereof to any person or persons paying to them any sum or sums of money under the trusts of this my will and to his or their respective heirs executors and administrators for so much money as shall therein be acknowledged or expressed to have been received and that such purchaser or purchasers or other person or persons his or their heirs executors administrators or assigns shall not afterwards be answerable or accountable for any loss misapplication or nonapplication thereof or any part thereof and I do hereby declare my will to be and direct that the net annual gains and profits arising from the said trade or business and the dividends interest and annual proceed of the funds and securities in or upon which the money to arise by sale and to be collected got in and received as aforesaid is hereinbefore directed to be invested and the intermediate rents issues profits dividends interest and annual proceed of such part of my estate and effects as shall from time to time remain unsold or not be collected and got in as aforesaid shall be paid to my said wife during her widowhood or until such one or more of my sons as shall be brought up to my said trade or business shall have attained his or their age or respective ages of twenty one years in case the annual amount thereof in the whole shall not exceed the sum of one thousand pounds for the maintenance of herself and the maintenance and education of my children and that in case the same shall exceed in the whole the annual sum of one thousand pounds then the annual sum of one thousand pounds only shall be paid to my said wife for the purposes aforesaid and the residue of such net gains and profits dividends interest and annual proceed shall be from time to time laid out and invested in or upon such funds and securities as aforesaid and be considered as part of the principal arising from my estate and effects so directed to be sold collected and got in as aforesaid and together with the dividends interest and annual proceed thereof be applied accordingly provided always that in case my said wife shall marry again before all and every such son or sons so brought up to the said trade or business as aforesaid shall attain the age of twenty one years then and in such case the annual sum of five hundred pounds shall be paid to her my said wife for her own sole and separate use and benefit notwithstanding coverture and without being subject to any anticipation to be made or attempted to be made thereof by her out of the said net gains and profits dividends interests and annual proceed in the event of my said wife marrying again or dying before such son or sons as aforesaid shall have attained the age of twenty one years pay and apply such competent part or parts of the said net gains and profits dividends interest and annual proceed as they or the survivors or survivor of them or the executors or administrators of such survivor shall think proper for the maintenance and education or otherwise for the benefit and advantage of my children and that the residue of such net gains dividends interest and annual proceed shall be from time to time laid out and invested in or upon such funds and securities as aforesaid and be considered as part of the principal arising from my estate and effects so directed to be sold collected got in and received as aforesaid and together with the dividends interest and annual proceed thereof be applied accordingly provided always and I do hereby declare my will to be and direct that in case that more than one of my sons shall be brought up to my said trade or business then and in such case it shall and may be lawful to and for my said executors and trustees or the survivors or survivor of them his executors or administrators if they or he shall think proper to admit any son or sons attaining the age of twenty one years as a partner or partners in the said trade or business on his or their attaining the age of twenty one years notwithstanding any other son or sons brought up to the said business shall not have attained the age of twenty one years and also that it shall and may be lawful for my said executors and trustees and the survivors and survivor of them his executors or administrators if they or he shall deem it expedient and which I leave entirely to their or his discretion to admit into the said trade or business a younger son before an older son and also without admitting such son or sons as a partner or partners to allow to such son or sons such annual income out of the net gains and profits of the said business as they my said trustees and executors or the survivors or survivor of them or the executors or administrators of such survivor may think proper provided always and I do hereby declare my will to be that when and so soon as all my sons who shall be brought up to the said trade or business shall have attained the age of twenty one years or in case only one such son shall be brought up to the said trade or business then as soon as such son shall have attained the age of twenty one years they my said trustees and executors shall make up state and settle a full and general account in writing of all the stock monies debts and effects which shall be belonging due or owing to the said trade or business and shall and do make sale and dispose of such parts thereof as are in their nature saleable and also make sale of the said messuage or tenement and premises which the said business shall be carried on yet nevertheless that such son or sons as shall conduct and carry on the said business shall have the option of purchasing the said messuage or tenement and premises last mentioned at a valuation to be made by two indifferent persons one of them to be chosen by such son or sons and the other by my executors or trustees executor or trustee for the time being and if such two persons cannot agree in such valuation then by a third person to be named by such two persons so first chosen and I do hereby direct that the monies to arise by such sale or sales and to be collected got in and received as last hereinbefore mentioned shall be laid out and invested in such funds and securities as aforesaid and that they my said executors and trustees or the survivors or survivor of them or the executors or administrators of such survivor shall do by and out of the funds and securities last mentioned and of the funds and securities in or upon which the money arising by sale of and to be collected got in and received from the residue of my estate and effects hereinbefore given and bequeathed as aforesaid shall be invested and set apart and appropriate during the life of my said wife if she shall be living at the time when such son or sons as shall be brought up to the trade or business aforesaid shall have attained the age of twenty one years such funds and securities as will produce a net annual income of five hundred pounds in case my said wife shall be then unmarried to be paid to her during her widowhood or in case my said wife shall be then married or shall afterwards marry then shall and do set apart and appropriate such part of the said funds and securities as will produce a net annual income of three hundred pounds and shall and do pay the same annual income of three hundred pounds to my said wife for her own sole and separate use and benefit notwithstanding her coverture and without being subject to any anticipation to be made or attempted to be made thereof by her during the then residue of her natural life and subject and without prejudice to the annuity which shall from time to time be payable to her my said wife My will is that my said trustees and executors for the time being shall stand and be possessed of and interested in the funds and securities so set apart and appropriate upon such trusts as are hereinafter declared of and concerning the residue of the several funds and securities aforesaid or as near thereto as circumstances will admit and my will is and I do hereby direct that my said trustees and executors and the survivors and survivor of them and the executors administrators and assigns of such survivor shall stand and be possessed of and interested in the residue of all and singular the funds and securities aforesaid after making such provision for my said wife as aforesaid or the whole thereof in case no such provision shall become necessary in trust for all my children living at my decease or born afterwards who shall live to attain the age of twenty one years in equal shares and proportions, as tenants in common and not as joint tenants and if only one such child shall live to attain the age of twenty one years then in trust for such one child and I hereby direct that no division of the funds and securities aforesaid shall take place until my youngest child for the time being shall have attained the age of twenty one years and that the dividends in trust and annual proceed thereof shall in the meantime be applied for the maintenance and education or benefit and advantage of my said children respectively in proportion to their respective shares and parts or presumptive or expectant shares or parts in the principal provided always and I do hereby direct that in case any one or more of my children shall die under the age of twenty one years leaving issue then and in such case the issue of every such child so dying shall be entitled in equal proportions if more than one to such share or shares of the funds and securities aforesaid as the parent or respective parents of such issue respectively would have become intitled to if such parent or parents had lived to attain the age of twenty one years provided nevertheless and I hereby authorize and empower my said executors and trustees and the survivors and survivor of them and the executors administrators and assigns of such survivor if they or he shall think it proper to raise for each and every of my said [added in margin: sons who shall attain the age of twenty one years and for each and every of my said] daughters who shall attain that age or be married with the consent of her guardians or the major part of them or of an only guardian if the other two shall be then dead any sum of money not exceeding one thousand pounds in part of the portion or fortune which each and every of such sons and daughters will be intitled to on the division of my property as aforesaid provided also and I do hereby authorize and empower my said trustees and executors and the survivors and survivor of them and the executors and administrators of such survivor if they or he think proper to levy and raise and advance a competent part or competent parts of the portion share or shares or presumptive or expectant portion and share or shares of all or any one or more of my children of and in this said trust monies funds and securities for or towards the bringing up of such child or children to any profession or the putting out any such child or children apprentice or apprentices to any trade or business or otherwise for the benefit of any such child or children notwithstanding the minority or minorities of such child or children respectively so as not more than the sum of three hundred pounds be advanced for the benefit of any one child under the power last mentioned provided also that in case none of my sons shall be brought up to my said trade or business or from any cause or circumstance whatsoever my executors and trustees for the time being shall at my decease or at any time afterwards deem it adviseable to decline or discontinue the said trade or business then and in such case my will is and I do hereby direct that the whole of my estate and effects of what nature or kind soever shall immediately upon such event happening be sold and disposed of collected got in and received by my said executors and trustees and that the monies to arise by such sales and to be collected got in and received as aforesaid shall be laid out and invested in or upon such funds and securities as aforesaid and that they my said trustees and executors shall by and out of the dividends interest and annual proceed thereof and of the intermediate rents issues and profits of such part of my estate and effects as shall from time to time remain unsold or not be collected and got in pay unto my said wife during her widowhood or until my youngest child for the time being shall attain the age of twenty one years one clear annuity or yearly sum of seven hundred pounds of lawful british money by actual quarterly payments or portions the first quarterly payment to be made at the expiration of three calendar months after my decease for the maintenance of herself and the maintenance and education of my children and that the residue of such dividends interest and annual proceed shall be from time to time laid out and invested in or upon such funds and securities as aforesaid and be considered as part of the principal arising from my estate and effects and, together with the dividends interest and annual proceed thereof be applied accordingly provided always that in case my said wife shall marry again before my youngest child for the time being shall have attained the age of twenty one years then and in such case the annual sum of four hundred pounds shall be paid to her my said wife for her own sole and separate use and benefit until my youngest child for the time being shall attain the age of twenty one years and that my said trustees and executors shall in the event of my said wife marrying again or dying during the minority of my youngest child for the time being pay and apply the whole or such competent part or parts of the said dividends interest and annual proceed as they or the survivors or survivor of them or the executors or administrators of such survivor shall think proper for the maintenance and education or benefit and advantage of my said children and that the residue of any such dividends interests and annual proceed shall from time to time during the minority of my youngest child for the time being be laid out and invested in or upon such funds and securities as aforesaid and be considered as part of the principal arising from my estate and effects so directed to be sold collected got in and received as aforesaid and together with the dividends interest and annual proceed thereof be applied accordingly and my will is and I do hereby direct that from and immediately after my youngest child for the time being shall have attained the age of twenty one years that my said executors and trustees or the survivors or survivor of them or the executors or administrators of such survivor shall set apart and appropriate during the life of my said wife, in case she shall then be living such part or parts of the said funds or securities as will produce a net annual income of five hundred pounds in case my said wife shall be then unmarried to be paid unto her my said wife during her widowhood or in case my said wife shall then be married or shall afterwards marry then only such part or parts of the said funds or securities shall be set apart and appropriated as will produce a net annual income of three hundred pounds to be paid to her my said wife for her own sole and separate use notwithstanding her coverture and without being subject to any anticipation to be made or attempted to be made thereof by her during the then residue of her natural life and subject and without prejudice to the annuity which shall from time to time be payable to her my said wife My will is that my said trustees and executors for the time being shall stand and be possessed of and interested in the funds and securities so set and appropriated upon such trusts as are hereinafter declared of and concerning the residue of the funds and securities aforesaid, or as near thereto as circumstances will permit and that my said trustees and executors and the survivors and survivor of them and the executors administrators and assigns of such survivo, shall stand and be possessed of and interested in the residue of all and singular the funds and securities aforesaid after making such appropriation as aforesaid or the whole thereof in case no such appropriation shall become necessary upon such trusts for the benefit of my children who shall live to attain the age of twenty one years and the issue of such of them as shall die under that age leaving issue and under and subject to such powers of advancement and other powers provisors declarations and directions as are hereinbefore by me declared or expressed of and concerning the funds and securities in or upon which the money to arise by sale of and to be collected got in and received from my estate and effects is hereinbefore directed to be invested in the event of my said trade or business being carried on by my said executors and trustees until any one or more of my sons shall be brought up to my said trade or business should have attained the age of twenty one years or as near thereto as circumstances will admit provided always and I do hereby declare my will to be that it shall and may be lawful to and for my said trustees and executors or the survivors or survivor of them or the executors or administrators of such survivor with the consent in writing of my said wife during her life whether she be sole or married to make sale and dispose of any part of the funds and securities so directed to be appropriated and set apart for the benefit of my said wife as aforesaid and to lend and advance the money arising by such sale unto all or any one or more of my said sons taking his or their bonds or bond only as a security for the repayment thereof with interest at five pounds per centum per annum so that in no event the sum or sums lent or advanced to any such son or sons exceed in the whole the sum of six thousand pounds provided always and I do hereby declare that the provisions hereinbefore made for my said wife shall be and are intended to be in full bar and satisfaction of all dower and thirds at the common law or by custom or otherwise which she can or may or otherwise could or might claim or challenge of in to or out of any messuages lands or hereditaments whereof I now am or at any time hereafter shall be seized for any estate of inheritance provided also and I do hereby further declare that it shall and may be lawful to and for my said executors and trustees to take any other dwellinghouse shop or shops warehouse or warehouses or other premises at such rent or rents as they shall think proper for the carrying on of the said trade or business and to hire and employ any foreman or foremen servant or servants clerk or clerks or any person or persons whomsoever for the purposes of the said business at such salary or wages as they my said executors and trustees for the time being shall think proper and to repose in such foreman or foremen servant or servants clerk or clerks or other person or persons so much and such confidence trust power or authority in the conducting carrying on the same trade or business and in the management care and disposal of the stock employed or to be employed therein and in the receipt of any debt or debts to be contracted in or by the carrying on the trade hereby directed to be carried on as they my said executors or trustees for the time being shall in their discretion think fit and also to adjust settle compromise and compound all accounts reckonings transactions matters and things in which I shall be concerned or intrusted at the time of my decease or which shall be opened or transacted or shall arise after my decease and to pay on any evidence that they shall think proper any debts claimed from my estate and also to dismiss any such foreman or foremen servant or servants clerk or clerks or other person or persons and to hire and employ any other or others in his or their stead and that from time to time and as often as my said executors shall think proper and I do hereby direct and declare that in all cases when my said executors and trustee for the time being shall differ in opinion the matter of such difference shall be decided by the major part or number of them my said executors or trustees for the time being and be acted upon accordingly and I do hereby declare my will to be that they, my said executors and trustees and their respective heirs executors and administrators shall not be answerable or attainable for any loss or damage which shall come or happen to the stock or capital to be employed in the said trade or business by bad debts decay of goods suit or action or suits or actions in any court or courts of law or equity or any other casualties or accidents whatsoever or by reason of the trust or confidence which they or any of them shall or may place or repose in any foreman or foremen servant or servants clerk or clerks banker or broker or other person or persons with whom any part of the said trust monies or effects shall or may be deposited or lodged for safe custody or otherwise or for any other loss or damage which may happen about the execution of this my will or any of the trusts hereby in them reposed and that my said executors and trustees and their respective heirs executors and administrators shall not be charged or chargeable with or for any sum or sums of money other than such as shall actually and respectively come to his or their hands by virtue of this my will and my will is and I do hereby further direct that it shall and may be lawful to and for my said executors and trustees and each and every of them by and out of all or any of the monies which shall come to their or any of their hands by virtue of this my will to deduct retain and reimburse themselves respectively and to allow their respective cotrustee or cotrustees all such costs charges and expenses as they respectively may sustain expend or be put unto in or about the execution of all or any of the trusts hereby in them reposed or in anywise relating thereto and I do hereby revoke and make void all former and other wills by me at any time made and do declare this to be my last will and testament In witness thereof I the said Stephen Hack the testator have to this my last will and testament written upon this and the fourteen preceding sheets of paper set my hand and seal that is to say I have to each sheet subscribed my name and to this last sheet and also at the fastening of the whole together at the top affixed my seal this twenty third day of May in the year of our Lord one thousand eight hundred and twelve

Stephen Hack

Signed sealed published and declared by the above named Stephen Hack the testator as and for his last will and testament in the presence of us who in his presence and at his request have hereunder subscribed our names as witnesses thereto

J.B Freeland, John Jardine, E. Kirkpatrick

This is a codicil to the last will and Testament of me Stephen Hack of the City of Chichester currier and leather cutter bearing date the twenty third day of May one thousand eight hundred and twelve that is to say whereas I have lately purchased of and from the trustees and mortgagees of William Dearling Esquire all that capital messuages and farm called Kingsham Farm situate lying and being in or near the parish of Saint Pancras in the County of Sussex and containing about one hundred and thirty four acres customary measure with the rights members and appurtenances thereunto belonging and I have also purchased of and from the said trustees a piece of arable land in Whyke Common Field and containing about one acre and a meadow called Crowthers containing about seven acres respectively situate lying and being in the parish of Rumboldswhyke in the County aforesaid with the appurtenances thereunto belonging and I have also lately purchased of and from Thomas Sandon of the said city Doctor of Physic certain freehold and leasehold lands and heriditaments situate lying and being in Saint Pancras aforesaid and the parish of Saint Peter the Great otherwise Subdeanry in the County aforesaid with the appurtenances thereunto respectively belonging now I the said Stephen Hack do by this my said codicil give and devise all and singular the said capital messuage farm lands and hereditaments so respectively purchased by me as aforesaid and every part and parcel thereof with the rights members and appurtenances thereunto respectively belonging and also all and singular other messuages lands and hereditaments whatsoever purchased by me since the date and execution of my said will unto and to the use of my brothers James Hack and William Hack and my brother-in-law John Barton of Chichester aforesaid Esquires and my friend Halsey Janson their heirs and assigns but upon trust and confidence that they the said James Hack William Hack John Barton and Halsey Janson or the survivors or survivor of them or the heirs or assigns of such survivor shall and do when and as soon as such time or times after my decease as they or he shall think proper make sale and absolutely dispose of the said capital messuage farm lands hereditaments and premises respectively either together or in parcels and by public auction or private contract in such way and manner as to them my said trustees or trustee shall seem most expedient for the most money that can be reasonably had or taken [?] for the same [the copy has a large blot on this page, rendering it only partially legible] unto any person or persons who may think proper to become the purchaser or purchasers thereof with full liberty to buy in any of the said premises at any public sale or auction and again to put up or offer the same premises [?] by public sale or private contract without incurring any responsibility on account or by reason thereof and I will and declare that the receipt or receipts of my said trustees or the survivors or survivor of them or the heirs of assigns of such survivor shall from time to time be a sufficient discharge or sufficient discharges to the purchaser or purchasers of the said several hereditaments and premises hereinbefore made saleable or any part or parts thereof for his her or their purchase money or for so much thereof as shall therein be acknowledged or expressed to have been received and that such purchaser or purchasers his her or their heirs, executors, administrators or assigns or any of them shall not afterwards be answerable or accountable for any loss misapplication or nonapplication of such purchase money or any part or parts thereof and my further will is that the monies which shall arise by or from such sale or sales as aforesaid shall be deemed to be part of my personal estate and that the clear yearly rents and profits of the said hereditaments and premises in the mean time and until the same shall be sold or of so much thereof as shall from time to time be remaining unsold, shall be deemed to be part of the annual income of my personal estate and that the same monies and rents and profits shall be subject to the dispositions made and contained in and by my before mentioned will concerning my personal estate and the annual income of the same and I do hereby ratify and confirm my said will and every clause and article therein contained In witness whereof I the said Stephen Hack have to this my said codicil written upon this and the preceding sheet of paper set my hand and seal that is to say I have to each sheet subscribed my name and to this last sheet and also to the fastening the whole together at the top I have set my seal this second day of November in the year of our Lord one thousand eight hundred and twenty one

Stephen Hack

Signed sealed published and declared by the said Stephen Hack as and for a codicil to his last will and testament in the presence of us who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses thereunto

John Price, Rt. Raper, P. Binstead

This is a second codicil to the last will and testament of me Stephen Hack of the City of Chichester currier and leather Cutter bearing date the twenty third day of May one thousand eight hundred and twelve that is to say first I do hereby give and bequeath unto my dear wife all and every my household goods and furniture boots plate linen china wines and wearing apparel of every sort and kind to and for her own absolute use and benefit whereas I have in and by my said will directed that the messuage or tenement and premises wherein I now carry on my trade or business shall be sold and disposed of as soon as my son or sons who should be brought up to the said trade or business shall have attained the age of twenty one years and I have directed that such son or sons shall have the option of purchasing the same at a valuation now I do hereby authorize and empower my trustees and executors acting under and for the purposes of my said will to postpone the sale of my said messuage or tenement and premises for and during so long time as they may think proper and if in the judgement or opinion of my said trustees and executors it would be adviseable to let the said messuage or tenement and premises or any part or parts thereof unto my said son or sons shall be brought up to the said trade or business, then I do hereby give them full power and authority to let the same or any part or parts thereof accordingly from and for such time and upon such terms and conditions as they in their uncontrouled discretion shall think proper provided always and my will is that in the meantime and until my said messuage or tenement with the garden and appurtenances thereunto belonging shall be sold or let under or by virtue of the powers or authorities in my said will and this my codicil contained in that behalf my said dear wife she continuing my widow but not otherwise shall be at full liberty to use and occupy my said messuage or tenement with the garden and appurtenances thereunto belonging but not to include any part of the said premises in which my said business is carried on without paying rent or making compensation for such use and occupation she my said wife keeping the said messuage or tenement with the appurtenances in good an tenantable repair and condition and paying all taxes in respect thereof and my further will is that when and from the time that my said messuage or tenement and premises shall be so sold or let as aforesaid my said wife shall be entitled to receive and shall be paid by my said trustees and executors from and out of the income of my general personal estate the annual sum of fifty pounds in lieu of the use and occupation of the said messuage and tenement and premises during the remainder of her natural life she continuing my widow and unmarried but not otherwise the said annual sum to be paid by two equal portions and the first payment thereof to commence and be made at the expiration of six calendar months from such sale or letting as aforesaid and I do by this my said codicil also will and direct that when and from time to time that my said wife shall under and by virtue of my said will become entitled to receive the annual income of five hundred pounds thereby provided for her on certain events therein mentioned they my said trustees and executors shall over and above and in addition to the said annual income of five hundred pounds shall pay unto or by the appropriation of such funds or securities as may be necessary for that purpose provide for my said wife a further annual income of one hundred pounds to be paid to her my said wife during her widowhood but no longer and I give to my said trustees and executors full power and authority to pay and provide in manner aforesaid for her my said wife during her widowhood a further annual income of one hundred pounds if they at any time shall think it expedient so to do, and which I leave wholly to their discretion and I do hereby ratify and confirm my said will and every clause and article therein contained save and except so far as the same is or may be altered by this or my first codicil thereto In witness whereof I the said Stephen Hack have to this my second codicil written upon this and the preceding sheet of paper set my hand and seal that is to say I have to each sheet subscribed my name and to this last sheet and also to the fastening the whole together at the top I have set my seal this fourth day of November in the year of our Lord one thousand eight hundred and twenty two

Stephen Hack

Sealed published and declared by the said Stephen Hack as and for a second codicil to his last will and testament in the presence of us who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses thereunto

John Price, Henry Stringer, Elizabeth Atkinson

Proved at London with 2 Codicils 7th March 1823 before the Judge by James Hack and William Hack the Bro[the]rs and John Barton and Halsey Janson the surv[ivin]g ex[ecut]ors to whom adm[inistrati]on was granted having first made a solemn and sincere declaration or affirmation according to Act of Parliament by Com[missi]on duly to adm[iniste]r

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Deed of Copartnership, 1827

This deed set out the terms by which Thomas Smith entered into partnership with Barton in the currier business, including the conditions and specified dates under which one partner could dissolve it. This was the issue when Barton decided to emigrate in 1836. An endorsement dated 30 August 1836 notes an agreement to dissolve as laid down in the deed. It was, however, quickly superceded after Barton left England.

Deed of CopartnershipDated 1 April 1827

Mr John Barton Hack and Mr Thomas Smith, deed of copartnership for fourteen years from 1 January 1827 determinable at the end of the first four, eight or twelve years.

Mem. 8 mo 30, 1836. On this day a deed of dissolution was agreed by the above-named J B Hack and T Smith, by which it was provided that their co-partnership should expire at the next coming term for which by the terms of the written deed notice of dissolution could be given---that is to say on the first of first month 1839---until which time J B H being out of the country is to receive £200 per annum from the business and Thomas Smith undertaking the [sole?] charge of the business is to receive £400 per annum---& equal division of profits is to take place at the said time of 1 mo 1 1839 & JBH is then to be paid out his capital in [periods?] provided for by the [illegible] articles of partnership J B Hack leaves Thomas Gates Darton his attorney to act on his behalf & the Deed of Dissolution abovementioned provides that TGD may inspect the partnership books at any time & be present at the Annual Stocktaking. (Signed T G Darton.)

This indenture Made the first day of April in the year of our Lord one thousand eight hundred and twenty seven between John Barton Hack of the City of Chichester Currier and Leather-Seller of the one part and Thomas Smith now or late of Bermondsey in the County of Surrey Currier and Leather-Seller of the other part Whereas the said John Barton Hack hath from the first day of January last carried on and conducted the Business of a Currier and Leather-Seller in and upon a certain Counting Room Warehouses Workshops and Buildings in the City of Chichester aforesaid which are rented by him as the yearly tenant of the Divisees in Trust and Executors of the Will of his late Father Stephen Hack deceased And the said John Barton Hack hath agreed to admit the said Thomas Smith in Copartnership with him in the said business for and during the Term of fourteen years (to be computed from the first day of January last) under and subject to the Provisoes Stipulations and Agreements hereinafter inserted and contained And for effectuating the Objects Views and Intentions of the said Parties hereto they have consented and agreed to enter into the Covenants and Agreements hereinafter inserted and contained on their respective parts and behalfs Now this Indenture witnesseth that in Consideration of the Premises and of the mutual Trust and Confidence which they the said Parties hereto repose in each other and in order to augment their respective Fortunes and for divers other good causes and considerations them hereunto respectively moving It is hereby declared and agreed by and between the said John Barton Hack and Thomas Smith and each of them for himself his Heirs Executors and Administrators doth covenant promise and agree to and with the other of them his Executors and Administrators by these Present that they the said John Barton Hack and Thomas Smith shall and will become and continue Copartners together in equal Shares and Proportions in the trade or business of a Currier and Leather-Seller and in all things belonging or relating thereto for during and unto the full end and term of fourteen years to commence and be computed from the said first day of January last subject to the Proviso hereinafter contained for determining the said Partnership and under and subject to the several other Provisoes Conditions Regulations Restrictions and Terms of Agreement hereinafter mentioned expressed and declared touching or concerning such intended Partnership and the Business Conduct and Management thereof, that is to say, That the said Copartnership and the Trade or Business thereof and all Transactions and Dealings relating thereto shall be managed exercised and carried on by and in the joint names of the said John Barton Hack and Thomas Smith under the Firm of "Hack and Smith" in and upon the said Counting Room Warehouses Workshops and other Buildings situate in the City of Chichester aforesaid or in such other place or places as the said Parties shall from time to time during the said Copartnership by mutual Consent and Agreement provide for that purpose.

That all the net Profits and Gains of or to arise or result from the said Copartnership Concern and all the Expenses Losses Debts and Outgoings which shall from time to time be incurred by or happen in or to the said Copartnership or the Trade thereof shall belong to and be paid and borne by the said said Parties in equal Moieties and that they shall both take an Active part in the said Concern.

That all the Goods Wares and Merchandizes Monies Payments and Securities bought sold received and paid given and taken and all other Transactions and Dealings relating to the said joint Trade shall be charged and entered by the said Parties or one of them or by the person or persons to be employed in their Service in proper Books to be provided for that purpose out of the said Joint Stock in such manner as other persons of the same business usually do or ought to do whereby the plain and clear amount of the said Trade and the true State thereof may appear and in particular that one or more Books shall be kept for the Entry or Entries of the amount of Cash to be received and paid for or on account of the said Copartnership or the Business thereof and that all such Books of Account and all Bonds Bills Notes and Securities and all Accounts Evidences and Writings relating to this Copartnership shall be kept in some Convenient place or places to be mutually agreed upon by the said parties whereto each of the said parties shall be at liberty to resort at all times and have the sight perusal and examination thereof and take copies or extracts of all or any part thereof without any Interruption or Denial and that neither of the said Parties shall or will secrete or remove any of such Books Accounts Evidences or Writings as aforesaid.

That neither of the said Parties shall in anywise deal in the Trade or Business of a Currier or Leather-Seller or in any other Trade or Business whatsoever during this Copartnership other than for their mutual Benefit and Advantage But that each of them shall and will from time to time and at all times during the Continuance thereof be just true and faithful to the other in all Transactions Accounts and Dealings concerning or relating to the said Partnership And shall and will endeavour by his utmost skill care diligence and attendance to advance and promote the same.

That neither of the said Parties shall or will without the Consent of the other of them take out or employ for his own particular use any Money Security or Goods belonging to the said Copartnership or the joint Stock thereof at any time during the Continuance of the said Copartnership other than and except as hereinafter mentioned And in case either of the said Parties shall at any time or times without the Consent of the other of them take out of the said joint Stock any other Money Security or Goods than as aforesaid then the party so taking out the same shall forfeit and immediately pay to the other of them the amount of such Money or the value of such Security or Goods.

That neither of the said Parties shall at any time during the continuance of this Copartnership enter into any Speculation or buy or purchase or sell or deliver or make or enter into any Contract Bargain or Agreement for the purchase or for the Sale or Delivery of any Goods Wares Merchandizes or Effects for or on account of or belonging to the said Copartnership or the Trade thereof or hire or employ any Servant or Workman against the Consent of the other of the said Parties nor shall or will sell or deliver upon credit or lend any Money Securities Goods or Wares belonging to the said Partnership Estate to any person or persons whomsoever whom either of them shall by writing under his Hand forewarn the other of them not to trust and that if after any such warning given either of the said Copartners shall lend on credit any of the said joint Stock Moneys Securities or Goods as aforesaid contrary to such Warning or Caution then the Debt or Debts so made thereby shall be charged in the said Partnership Books upon the Party so trusting or lending the same who shall bear the Loss (if any happened thereby) and make good the same to the said joint Stock within two Calendar Months next after the delivering lending or trusting thereof But nevertheless if any Profit shall result therefrom the same shall be accounted for and considered as belonging to this Copartnership. Nor shall either of them the said Parties compound with any Person or Persons whomsoever for any Debt or Debts which shall or may at any time or times during the continuance of the said Copartnership arise or grow due to the same or the trade thereof or do any Act Matter or Thing whatsoever whereby any such Debt or Debts may be lessened delayed in payment or discharged without the consent of the other of the said parties first had and obtained (usual and reasonable Discounts Abatements or other Allowance only accepted)

That neither of the said Parties shall at any time during the Continuance of this Copartnership or before a final Account or Partition shall be made and prepared become bail or Security for with or to any person or persons by Bond Bill Note Promise or otherwise without the Consent in writing of the other of them thereto first had and obtained and if either of them shall so become Bail or Security as aforesaid he shall forfeit and pay double the Sum for which such Bond Note Security or Bail shall be given or entered into such Forfeiture or Forfeitures shall be paid to the said joint Stock as an Addition thereto within three Calendar Months next after such Bail or Security shall be given as aforesaid

That neither of the said Parties shall or will at any time during the Continuance of this Copartnership on any pretence whatsoever separately make give or accept sign or execute any Bond Bill of Exchange Promissory Note or other Instrument in Writing whereby the said Partnership or the Estate thereof may be affected or liable to pay any Sum or Sums of Money for which the joint Stock thereof shall not have received a valuable consideration without the Leave of the other of them in writing first had and obtained for that purpose And that if either of them shall so separately make give accept sign or execute any such Bond Bill Note or other Instrument in Writing as aforesaid the Party so making giving accepting signing or executing same shall forfeit and pay to the other of them so much money as every such Bond Bill or other Instrument shall be made for payment of

That if either of the said Copartners shall make or commit any breach or default of or in the four last preceding Clauses or Articles or any or either of them then and in such Case the other Copartner shall thenceforth have Power by any Instrument in Writing under his Hand and Seal to dissolve the Copartnership hereby created and the same shall from the date and Delivery of such Instrument of Dissolution stand absolutely dissolved as if the same Instrument of Dissolution had been executed by both the said Parties or as if the said Term of Fourteen years had completely elapsed and expired

That it shall and may be lawful for each of the said Copartners respectively to have receive and take quarterly in every year during this Copartnership out of the said joint Stock and the Increase Profits and Produce thereof to and for his own and particular and private use and expenditure such Sum of Money as they shall from time to time mutually agree upon and no more

That upon the first day of January one thousand eight hundred and twenty eight and so afterwards annually on the first day of January in every year during this Copartnership or within the space of ten days then next following a general account shall be taken stated and settled by and between the said Parties touching or concerning the said Copartnership and the Trade stock increase and profits value and Loss thereof and likewise of all debts and Sums of Money owing or payable to or by the said Copartners in respect of the said joint Trade and the Value or Amount of each Parties' Share or Interest in the said Copartnership Stock or Estate and that all and every such account and accounts or the Extracts therefrom shall from time to time be fairly written and entered in a Book for that Purpose in such manner as that such Accounts may appear clear and intelligible At the Close of which Extracts or Entries in such several last mentioned Books the said Parties shall severally subscribe their names signifying their Approbation and Consent to the stating of such Accounts and which said Accounts so passed and subscribed shall be binding and conclusive and shall not be called in question or unravelled unless within six calendar months after the same shall be so passed and subscribed as aforesaid some Error shall be discovered and certified in Writing by the Party so discovering the same to the other Copartner or unless such error shall appear in the face of such accounts so passed and subscribed as aforesaid and that upon balancing and settling every such annual account the net Profits appearing to be gained by the said Capital Stock and by the said Copartnership Trade shall be applied by them the said Parties towards increasing the said Capital Stock in the said Copartnership Trade or otherwise as they shall from time to time mutually agree upon or think proper

That if either of the said Parties shall depart this life during this Copartnership then and in such Case a final general account and valuation shall with all convenient speed be made up to the time of his death and the surviving partner and the Executors or Administrators of the deceased Partner shall sell and dispose of the Stock in Trade and other Partnership Effects and call in and collect the Debts due to the Concern and the net produce of the same respectively shall be forthwith divided and paid in due proportions Provided always that if the surviving partner shall be willing and desirous to continue to carry on the said Business on his sole account then and in such case he shall and will take to the whole of such Stock in trade debts and effects at a fair value and pay one moiety of the amount or value thereof unto the Executors or Administrators of the deceased Partner by three equal Instalments at the end of three calendar months six calendar months & nine calendar months after the death of such deceased partner and that the surviving Partner shall and will indemnify and save harmless the Executors or Administrators of such deceased Partner from and against all the Debts and Engagements which shall be then due owing or depending by from or in respect of the said Copartnership Estate and that the Executors or Administrators of such deceased Party shall and will at the same time assign transfer and release to the Survivor of the said Parties all such Estate and Effects as shall appertain and belong to the said Copartnership

That if either of the said Parties to these Presents shall be desirous of dissolving and determining the said Copartnership on the first day of January one thousand eight hundred and thirty one the first day of January one thousand eight hundred and thirty five or the first day of January one thousand eight hundred and thirty nine and of such his Desire shall give notice in Writing to the other party six calendar Months previous to such first day of January then and in such case the said term of fourteen years shall on the same first day of January cease and determine in like manner as if the whole Term of fourteen years had actually run out and expired

That the said Parties to these Presents or their respective Executors or Administrators shall and will at the Expiration or sooner Determination of the said Copartnership Term of fourteen years or within thirty days next afterwards meet together and join in making up and perfecting in Writing a final account of all the joint Stock Money Goods Effects and other Things then belonging to the said joint Trade or Copartnership or the said Parties hereto on account thereof and of all Debts then due and owing unto and from the same and after paying and satisfying or providing for the Payment and Satisfaction of all the Debts that shall be then due and owing by and from the said Copartnership or the said Parties hereto on account thereof and such Moneys as either of them shall have lent to the said Partnership Stock and the Interest for the same the clear Residue thereof shall be divided between the said Parties or their respective Executors or Administrators in equal Moieties

That if at any time or times hereafter any Difference or Controversy shall arise or happen between the said Parties or between their respective Executors or Administrators touching the said Copartnership or the Trade or Proceeds thereof or any other matter or Thing touching the said Copartnership or the Construction or true Exposition of these Presents or any Clause Article Matter or Thing herein contained Then and so often all such Differences shall be from time to time referred to the Award and Determination of two indifferent Persons whereof each party shall nominate one And if the said Persons shall not agree it shall be in the power of the said Arbitrators to nominate a Third Person to act as Umpire between them who shall have Power to determine all such matters in Difference between them And that the said Parties in Difference and their respective Executors or Administrators shall attend such Arbitrators or Umpire and acquaint them or him of the Matters in Difference and of their several Allegations thereon at such time and Place as the said Arbitrators or Umpire shall appoint and in every such case each of them the said Parties and each of their Executors and Administrators shall and will from time to time on their and each of their Parts and Behalves well and truly obey abide by and perform such Award Order and determination of and upon or respecting or concerning the Premises to be referred as the said Arbitrators or Umpire shall make or set down in Writing under their or his Hands and Seals or Hand or Seal for that Purpose And after such Arbitrators shall be so nominated and appointed as aforesaid the Submission of the said Parties to the Award so to be made by them or the Umpire as aforesaid shall be made a Rule of His Majesty's Court of Kings Bench at Westminster (if the said Court shall think fit) And lastly for the true performance of all the Clauses Articles and Agreements herein contained according to the true Intent and Meaning of these Presents each of the said parties doth hereby bind himself his Heirs Executors and Administrators unto the other of them and his Executors and Administrators in the penal Sum of two thousand pounds of lawful Money of Great Britain In witness whereof the said parties to these presents have hereunto set their hands and seals the day and year first above written.

(Signed John Barton Hack and seal and Thomas Smith and seal)

Signed, sealed and delivered by both the said Parties in the presence of (signed Jn Barton.)

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Power of Attorney from Stephen Hack to Thomas Gates Darton, 1837

Stephen turned twenty one on 16 January 1837 and on that day he was first able to make his own appointments of power of attorney. This he did in Launceston on the way to South Australia.

16 January 1837

Mr Stephen Hack to Mr Thomas Gates Darton or Mr Thomas Sanden Hack General Letter of Attorney

To all to whom these Presents shall come I Stephen Hack late of the City of Chichester but now of the town of Launceston Van Diemans Land, Gentleman, send Greeting Whereas under the Will of my late Father Stephen Hack deceased I am or shall be entitled to a share or shares of or in the residuary Trust estate of my said Father and to a share or shares in the Trust estates of my late Brother Edward Janson Hack and my late Sister Gulielma Hack respectively deceased and to a Legacy or Sum of Five hundred pounds with considerable accumulations of Interest under the Will of my late Uncle William Hack deceased And whereas I am desirous of appointing a proper person as my Attorney with such powers and authorities as hereinafter contained Now therefore for effectuating the purpose aforesaid Know ye that I the said Stephen Hack Do by these presents make ordain constitute and appoint my Brother-in-Law Thomas Gates Darton of the City of London Bookseller my Attorney and Agent for me and in my name to inspect and examine the several Trust accounts of the executors administrators or Trustees of the said Stephen Hack, Edward Janson Hack, Gulielma Hack and William Hack respectively and to investigate and inquire into all their and each of their transactions in reference to the several valuations sales purchases matters and things made done performed and executed by them or any or either of them and if and when such accounts or any of them shall be found satisfactory then to demand and receive the said several Shares and the said Legacy and accumulations to which I am or shall be so entitled as aforesaid together with any Interest which may be due for the same respective shares and upon payment of the said several shares and the said Legacy with its accumulations to execute and deliver one or more effectual releases and discharges for the same and upon non-payment of the said Shares or the said Legacy and accumulations or any of them or any part thereof respectively for me and in my name to commence file and prosecute any such Suit or Bill in Equity or other proceedings in any court of law or equity whatsoever for recovering enforcing and obtaining payment of the said Shares or the said Legacy and accumulations or any of them or any part thereof respectively as the said Thomas Gates Darton shall think proper And also to appear for me to any Bill or Bills that may be filed or any suit or suits or other proceedings that shall or may be instituted touching the Administration of the said Trust estates or any or either of them or on any other account whatsoever in which I shall be made Defendant and to put in an Answer or Answers thereto and generally to take and concur in such proceedings in regard to any such Suit as the said Thomas Gates Darton shall deem expedient And in the meantime before my Share or Shares of or in the said Trust estate of my said late Father Stephen Hack deceased shall become payable I authorise and empower my said Attorney to execute and deliver to the Trustees and Executors of his said Will for their satisfaction such Deed or Deeds of Allowance and Ratification of the Trust Account or Accounts as my said Attorney shall think reasonable and proper And also to compound or compromise and submit to arbitration and conclude and adjust any dispute difference or controversy subsisting or depending or to arise between me and the Executors Administrators or Trustees of the aforesaid Stephen Hack, Edward Janson Hack, Gulielma Hack and William Hack or either of them or between me and any other person or persons whomsoever And I hereby expressly authorise my said Attorney for me and in my name and on my behalf to indorse Bills of Exchange promissory Notes and other negociable Instruments and to do perform and execute every other act deed matter and thing which he shall think necessary or propose to be done in about or concerning my Estates property debts concerns or engagements as fully and effectually to all intents and purposes as I might or could do if I were personally present It being my intention and meaning and all matters and things whatsoever respecting the same shall be under the full and sole management of the said Thomas Gates Darton And for the more effectually executing the several matters aforesaid I do hereby give to my said Attorney full power from time to time to appoint one or more Attorneys or Substitutes under or for him and as my or his Attorney or Attorneys to execute all or any of the powers and authorities hereby vested in or given to him the said Thomas Gates Darton as aforesaid and from time to time the same Attorney at pleasure to remove and the powers or authorities given to him or them to revoke and to appoint another in his place and to invest him with the same or any other powers or authorities And generally to do perform and execute all acts deeds and things which shall be necessary or expedient to be done in or about the premises as fully and effectually to all intents and purposes as I might or could do if I were personally present I hereby ratifying and confirming and agreeing to ratify and confirm all and whatsoever my said Attorney or his substitute or substitutes shall lawfully do or cause to be done in or about the same by virtue hereof And whereas the said Thomas Gates Darton may happen to depart this life or become unable or unwilling to act as my Attorney In consideration whereof and to prevent the inconvenience and detriment which might result therefrom to my affairs I have determined to appoint my Brother Thomas Sanden Hack of the City of Gloucester Merchant to be my Attorney in the place and stead of the said Thomas Gates Darton in either of such events Now therefore further know ye that I the said Stephen Hack do by these presents make ordain constitute and appoint the said Thomas Sanden Hack to be my true and lawful Attorney and Agent if the said Thomas Gates Darton shall die or become unable or unwilling to act as aforesaid for me and in my name and on my behalf to do perform and execute all the several acts deeds matters and things herein before mentioned as fully and effectually and in like manner in all respects as he the said Thomas Gates Darton could or might have done And for this purpose I hereby give and grant to and vest in him the said Thomas Sanden Hack all such and the same or the like powers and authorities in or concerning the premises as are hereinbefore given and granted to or vested in the said Thomas Gates Darton and as if the name of the said Thomas Sanden Hack had been inserted in these presents instead of the name of the said Thomas Gates Darton I hereby ratifying and confirming and agreeing to ratify and confirm all and whatsoever the said Thomas Sanden Hack or any substitute or substitutes to be appointed by him shall lawfully do or cause to be done in or about the premises by virtue hereof And in case of my death these presents as to all matters and things which after my decease shall be done by either of my said Attorneys or the substitute or substitutes of either of them by virtue or in pursuance hereof shall be as binding upon my Executors and Administrators as the same would have been upon me if living unless Notice in writing of my death shall have been previously given by my Executors or Administrators or by some person or persons interested in the property to which these presents refer In witness thereof I the said Stephen Hack have hereunto set my hand and seal the sixteenth day of January in the year of our Lord One thousand eight hundred and thirty seven. Signed, sealed and delivered by the said Stephen Hack on the sixteenth day of January One thousand eight hundred and thirty seven in the presence of Jno Ashman Clk to W.G. Sams and John Barton Hack Late of Chichester Sussex now of Launceston V. D. Land.

Document signed and sealed by Stephen Hack.

John Ashman of Launceston in the Island of Van Diemens Land Clerk to William Gardner Sams of the same place Notary Public maketh Oath and saith that he was present at the time of signing and sealing the power of Attorney above written and that Stephen Hack of Launceston in the said Island Gentleman therein mentioned did duly sign seal and as his act and deed deliver the said power of Attorney in the presence of this deponent and that the name Stephen Hack set and duly subscribed to the said power of Attorney is of the proper hand writing of the said Stephen Hack

Jno Ashman, clk to W G Sams sworn at Launceston this seventeenth day of January One thousand eight hundred and thirty seven before me

Signed John Clark Police Magistrate.

I William Gardner Sams of Launceston in the Island of Van Diemens Land Notary Public by Royal Authority duly admitted and sworn to hereby certify and attest that the signature Stephen Hack signed to the above written power of Attorney is of the proper hand writing of the said Stephen Hack signed in my presence and that the signature John Clark is of the proper hand writing of the said John Clark also signed in my presence and that the said John Clark is a Justice of the Peace of the said Island and Police Magistrate of Town of Launceston

Witnesses to the signature of William Gardner Sams H Duniam [?] and Jno Ashman

Quod in testimonium veritatis attestam signed W G Sams Notary Public

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Will of Maria Hack, 1842

Mary (Maria) Hack died at Bevois Hill, South Stoneham, Hampshire, on 4 January 1844. Her will left essentially her whole estate to her son Thomas Sanden Hack. Barton and Stephen would only benefit on his death, which did not occur until 1865.

I Mary Hack now residing at Bevois Hill near Southampton widow declare my last will & testament to be as follows that is to say I will and bequeath unto my three daughters Elizabeth Barton Bliss Ellen Maria Knott and Margaret Emily Darton all my shares& interest in copyrights I also will & bequeath my furniture& household effects to my son Thomas Sanden Hack And as to the residue of my estate or effects whether in cash or monies out at interest I direct that after payment of my just debts and funeral and testamentary expenses the said residue and remainder shall be invested in good securities and that the income arising therefrom shall be received by my son Thomas Sanden Hack during his life time to and for his own absolute use and benefit And on his decease I will and bequeath the said residue to my above mentioned three daughters and to my sons John Barton Hack and Stephen Hack to be equally divided between them or between such of them as may then be living And I hereby nominate & appoint my daughter Eliz. Barton Bliss my son Thomas Sanden Hack and my son in law Thomas Gates Darton Executrix & Executors for carrying this my last will & testament into effect In witness whereof I have hereunto set my hand and seal this twenty second day of March 1842

Mary Hack LD [?]

Signed sealed & declared by the said testatrix as and for her last will & testament in our presence who have in her presence and at her request witnessed the same

Joseph Metford Jr Esther Metford

Proved at London 27th March 1843 before the Judge by Thomas Sanden Hack the son and Thomas Gates Darton two of the Executors to whom Admon [administration] was granted the said Thomas Sanden Hack having been first sworn before the worshipful John Daubeny Doctor of Laws and Surrogate and the said Thomas Gates Darton having first made a solemn and sincere declaration or affirmation according to act of Parliament by Com[m]on only to administer. Power reserved of making the like grant to Elizabeth Barton Bliss wife of the Revd. George Bliss & the daughter the other Executor when she shall apply for the same.

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Mortgage, 2 March 1842

This mortgage signed by Barton while Stephen was in England transferred Barton's half interest in all the sections of the Three Brothers Survey owned jointly by Barton and Stephen to Jacob Hagen as security for a loan. It was complicated by the fact that some of the sections had already been mortgaged to Fisher, Brown and Morphett (these sections are identified in the table and plan at the foot of the document).

Mortgage 1 first pageThis Indenture made the second day of March in the year of our Lord one thousand eight hundred and forty two Between John Barton Hack of Mount Barker near Adelaide in the Province of South Australia Esquire of the one part and Jacob Hagen of Adelaide aforesaid Esquire of the other part Witnesseth that in consideration of five shillings of lawful british money paid by the said Jacob Hagen to the said John Barton Hack on the execution hereof the receipt whether is hereby acknowledged the said John Barton Hack Hath bargained and sold and by these presents Doth bargain and unto the said Jacob Hagen his executors and administrators and assigns All those the lands hereditaments and premises in the within written Indenture of release particularly mentioned and described together with their appurtenances belonging or appertaining To have and to hold the same hereditaments and premises hereby bargained and sold or intended so to be with their appurtenances unto the said Jacob Hagen his executors administrators and assigns from the day next before the day of the date of these presents for the term of one year to the intent that by force of the statute made for transferring uses into possession the said Jacob Hagen may be in the actual possession of the said hereditaments and premises and be enabled to accept the release intended to be made to him of the immediate reversion in fee simple of the said hereditaments and premises by the within written Indenture In Witness whereof the parties aforesaid to these presents their hands and seals have hereunto set the day and year first above written John Barton Hack Signed sealed and delivered by the within named John Barton Hack in presence of Charles Fenn

Mortgage 1 last pageThis Indenture made the second day of March in the year of our Lord one thousand eight hundred and forty two Between John Barton Hack of Mount Barker near Adelaide in the Province of South Australia Esquire and Bridget his wife of the first part Jacob Hagen of Adelaide aforesaid Esquire of the second part and John Hart of Adelaide aforesaid Esquire and William James of the same place Gentlemen of the third part Whereas by Land Grant bearing date the twenty fourth day of December one thousand eight hundred and forty under the hand and seal of office of George Gawler Esquire Commissioner of public lands resident in the Province of South Australia the said George Gawler for the considerations therein mentioned did grant unto the said John Barton Hack (inter alia) all those thirty five sections of land containing in the whole three thousand and ninety one acres set forth in the first schedule written and delineated at the foot of the thin skin of these presents Together with all timber minerals and appurtenances thereto belonging To hold unto the said John Barton Hack his heirs and assigns for ever And whereas the said land is part of the special survey called The three Brothers and situate at Mount Barker And whereas by Indentures of Lease and release bearing date respectively the eighth and ninth days of March in the year of our Lord one thousand eight hundred and forty one the release made between the said John Barton Hack and Bridget his wife of the one part and James Hurtle Fisher John Brown and John Morphett all therein described of the other part the said John Barton Hack did grant bargain sell alien release and confirm and the said Bridget his wife (with his privity) did remise release and quit claim unto the said James Hurtle Fisher John Brown and John Morphett and their heirs All those one thousand five hundred and eight acres of land part and parcel of the above mentioned lands and which one thousand five hundred and eight acres of land are particularly set forth and described in the second schedule written at the foot of these presents together with all houses outhouses and appurtenances whatsoever thereto belonging or appertaining To hold the said last mentioned lands and hereditaments with their appurtenances (discharged from the title to dower of the said Bridget Hack) unto the use of the said James Hurtle Fisher John Brown and John Morphett their heirs and assigns for ever Subject to a proviso for reassurance of the said last mentioned lands and hereditaments unto the said John Barton Hack his heirs and assigns for ever free from encumbrances on payment by the said John Barton Hack his heirs executors administrators or assigns unto the said James Hurtle Fisher John Brown and John Morphett or the survivor or survivors of them or the executors or administrators of such survivor of the sum of two thousand pounds and in the mean time interest for the same at the rate of fifteen pounds per centum per annum at the time and in the manner therein mentioned And whereas by a certain Indenture of declaration of trust bearing date the twenty third day of September in the year of our Lord one thousand eight hundred and forty one and made between the said John Barton Hack of the one part and Stephen Hack therein described of the other part It was witnessed that the said John Barton Hack did acknowledge and declare that the consideration for the land and hereditaments mentioned and contained in the above recited land grant were the proper and joint monies and property of the said John Barton Hack and Stephen Hack in equal shares and that the name of John Barton Hack was made use of as concerning one undivided moiety or equal half part of the said land and hereditaments In trust only for the said Stephen Hack his heirs and assigns and that the said John Barton Hack did renounce any beneficial interest in the said undivided moiety and in the said reciting Indenture are contained covenants by the said John Barton Hack to convey the said undivided moiety at any time at the request and costs of the said Stephen Hack to him his heirs and assigns subject to the above recited mortgage to James Hurtle Fisher John Brown and John Morphett and that until such conveyance should be executed the said John Barton Hack would stand seized of the said undivided moiety in trust only for the said Stephen Hack his heirs and assigns And whereas the said sum of two thousand pounds is still due to the said James Hurtle Fisher John Brown and John Morphett on the security of the said recited Indentures of the eighth and ninth days of March one thousand eight hundred and forty one but all interest for the same has been paid up to and inclusive of the day of the date hereof And whereas the said John Barton Hack with one Henry Watson late his copartner in trade are and indebted to the said Jacob Hagen in the sum of three thousand five hundred pounds and it not being convenient to the said John Barton Hack and Henry Watson to pay the same the said Jacob Hagen has agreed to allow the same to remain unpaid on having the security hereinafter provided Now this Indenture Witnesseth that in consideration of the premises and of the sum of five shillings paid by the said Jacob Hagen to the said John Barton Hack on the execution of these presents the said John Barton Hack by these presents Doth grant bargain sell release and confirm unto the said Jacob Hagen his heirs and assigns (in his actual possession now being by virtue of a bargain and sale for a year [words obscured: from the?] date herewith and of the statute for transferring uses into possession) And the said Bridget his wife with his privity Doth remise release and quit claim unto the said Jacob Hagan his heirs and assigns All that the undivided moiety or equal half part of him the said John Barton Hack of and in all those thirty five sections of land containing three thousand and ninety one acres being part and parcel of the special survey called “The Three Brothers” situate at Mount Barker near Adelaide in the Province of South Australia and which said thirty five sections with the quantity of land they respectively contain are set forth in the first schedule written and delineated in the plan drawn at the foot of these presents Together with all the rights members and appurtenances to the said undivided moiety belonging And also all the estate right title and interest of the said John Barton Hack of in and to the said undivided moiety or equal half part of and in the said three thousand and ninety one acres of land hereditaments and premises To have and to hold the said hereditaments and premises hereby released or intended so to be with their and every of their rights members and appurtenances (discharged from title to dower of the said Bridget Hack) unto the said Jacob Hagen his heirs and assigns To the use of the said Jacob Hagen his executors administrators and assigns for the term of five hundred years to be computed from the date of these presents without impeachment of waste and subject to the said term to the use of the said John Hart and William James their heirs and assigns in trust for the said Jacob Hagen his heirs and assigns Nevertheless it is hereby declared that the use hereinbefore limited to the said Jacob Hagen his executors administrators and assigns and their use hereinbefore limited to the said John Hart and William James their heirs and assigns shall be deemed in Equity to be so limited by way of mortgage only for securing to the said Jacob Hagen his executors administrators and assigns the payment of the said sum of three thousand and five hundred pounds on the twentieth day of September now next ensuing and of interest for the same after the rate of twelve pounds and ten shillings per centum per annum half yearly on the twentieth day of March next and the twentieth day of September (as said it being agreed that the interest shall commence running from the twentieth day of September last past) without deduction and that if default shall be made in payment of the same sum or interest accordingly it shall be lawful for the said Jacob Hagen his executors administrators or assigns to foreclose the equity of redemption of the fee simple in possession of the said hereditaments but that until such default the person or persons for the time being entitled to the equity of redemption shall be permitted to enjoy the said hereditaments and retain the rents thereof without interruption from the said Jacob Hagen or the said John Hart and William James or any of them or any person or persons claiming under them or any of them and in order to facilitate the reconveyance of the said hereditaments on or after the redemption thereof the said John Barton Hack hereby empowers the said Jacob Hagen his executors administrators and assigns on or after such redemption whether the debt and interest shall be paid at that time hereinbefore appointed or not by Deed attested by one or more than one witness to appoint the use of the said hereditaments in such manner as shall be requisite for effecting the purposes of such reconveyance and as a further and concurrent security for the payment of the said sum of three thousand and five hundred pounds and interest the said John Barton Hack hereby empowers the said John Hart and William James and the survivor of them and his heirs at any time after the expiration of six calendar months from the said twentieth day of September one thousand eight hundred and forty two at the request in writing of the said Jacob Hagen his executors administrators or assigns and notwithstanding the dissent of the said John Barton Hack his heirs or assigns to sell the said undivided moiety or half part of him the said John Barton Hack of and in the said three thousand and ninety one acres of land hereditaments and premises hereby released or intended to be by public auction or private contract subject to such conditions as to title and the evidence of title and the mode and time of payments of the purchase money and other matters relating to the sale as the said John Hart and William James or the survivor of them or his heirs shall in their or his discretion think expedient And the said John Barton Hack also empowers the said Jacob Hagen his executors administrators and assigns thereupon by Deed attested by one or more than one witness to appoint the use of the hereditaments so sold (discharged from the limitations hereinbefore contained and from all right and equity of redemption under these presents) in such manner as shall be requisite or expedient for completing the sale And the said John Barton Hack hereby declares that the said Jacob Hagen his executors administrators or assigns making such request as aforesaid shall be at liberty to purchase the said hereditaments or any part thereof at any sale by public auction under the preceding power And the said John Barton Hack hereby directs that the said John Hart and William James or the survivor of them his executors or administrators shall receive the money to arise from the sale of the said hereditaments and shall in the first place defray thereout the expenses incident to the sale (including the expenses of making out and perfecting the title) and in the next place satisfy the principal money interest and costs which shall be then due upon this security and shall dispose of the surplus according to the ownership of the Equity of redemption And the said John Barton Hack hereby declares that the receipt of the said John Hart and William James or the survivor of them his executors or administrators for the money to arise as aforesaid shall exempt the person or persons paying the same from all liability in respect to the application thereof And the said John Barton Hack hereby empowers the said Jacob Hagen his executors administrators and assigns when and so often as he and they shall see fit by deed attested by one or more than one witness to appoint any person or persons to be a trustee or trustees for the purpose of the trusts and powers hereinbefore vested in the said John Hart and William James in the place of the trustee or trustees or of any trustee for the time being (which trustees or trustee shall by the effect of such appointment be discharged) or in the place of any deceased trustees or trustee and hereby declares that on every such appointment and as a legal consequence thereof the use of the fee simple hereinbefore limited to the said John Hart and William James their heirs and assigns shall shift to and be vested in the trustees so appointed solely or (as the case may be) the trustees so appointed conjointly with the surviving or continuing trustee and it is hereby declared that the powers hereinbefore given to the said Jacob Hagen his executors administrators at assigns are so given in respect of and as annexed to the said term of five hundred years and that the continuance of such powers shall so far as the same are capable of effect at law be confined to the life of the said Jacob Hagen and twenty one years to be computed from his death And the said John Barton Hack for himself his heirs executors and administrators hereby covenants with the said Jacob Hagen his executors administrators and assigns that the said John Barton Hack his heirs executors administrators or assigns will pay unto the said Jacob Hagen his executors administrators or assigns the said sum of three thousand five hundred pounds and interest thereof after the rate aforesaid at the respective time and in manner aforesaid And the said John Barton Hack for himself his heirs executors and administrators hereby further covenants with the said Jacob Hagen his executors and administrators and assigns and also hereby covenants (as a separate covenant) with the said John Hart and William James their heirs and assigns that the said hereditaments shall or may be enjoyed and disposed of according to the limitations and provisions hereinbefore contained without any interruption or denial and free from all charges and encumbrances whatsoever except the mortgage to the said James Hurtle Fisher John Brown and John Morphett of the said one thousand five hundred and eight acres of land hereditaments premises recited by the said recited Indentures of Lease and release of the eighth and ninth days of March one thousand eight hundred and forty-one And also that the said John Barton Hack and every person rightfully claiming any Estate or interest in the said hereditaments (save and except the person or persons claiming in respect of the said hereinbefore excepted mortgage) will at the request of the said Jacob Hagen his executors administrators or assigns or of the said John Hart and William James their heirs or assigns but at the costs (until the absolute foreclosure of the Equity of redemption or the sale of the said hereditaments) of the said John Barton Hack his heirs executors administrators or assigns execute such further conveyances of the said hereditaments or any part thereof (but subject nevertheless to the said hereinbefore excepted mortgage) as the said Jacob Hagen his executors administrators or assigns or the said John Hart and William James their heirs or assigns shall reasonably require And also that he the said John Barton Hack his heirs or assigns shall and will from time to time and at all times hereinafter whilst the said sum of two thousand pounds secured by the said hereinbefore mentioned mortgage and also the said sum of three thousand five hundred pounds hereby secured or any part thereof shall remain due and owing upon the security of the aforesaid lands and hereditaments at his and their own costs and charges procure make and give to the said Jacob Hagen his executors administrators and assigns whensoever required thereto by him or them true copies of all the deeds evidences and writings appertaining or relating to the title of the said lands and hereditaments and further that if the said sum of two thousand pounds and all interest for the said shall be paid off and discharged during the time that the said sum of three thousand five hundred pounds or any part thereof shall remain due and owing then the said John Barton Hack his heirs or assigns shall and will immediately thereupon deliver or cause to be delivered unto the hands of the said Jacob Hagen his executors and administrators or assigns all and singular the same deeds evidences and writings for the better evidencing maintaining defending and proving the right and title of him the said John Barton Hack his heirs executors administrators or assigns in and to the said lands and hereditaments hereby mortgaged as aforesaid And the said John Barton Hack for himself his heirs executors and administrators also hereby covenants to and with the said Jacob Hagen his executors administrators and assigns that if the said sum of three thousand five hundred pounds or any part thereof shall not be paid on the said twentieth day of September next and if the said Jacob Hagen his executors administrators or assigns or the said John Hart and William James or the survivor of them or his heirs shall not cause the said lands and hereditaments to be sold under the power hereinbefore contained that then and in such case and for so long as the said Jacob Hagen shall permit and suffer the same to remain unsold the said sum of three thousand five hundred pounds or such part thereof as shall so remain unpaid shall bear interest at and after the rate of fifteen pounds per centum and the said John Barton Hack his heirs executors administrators and assigns shall pay interest for the same at and after the rate of fifteen pounds per centum per annum and the said John Barton Hack his heirs executors administrators and assigns shall pay interest for the same at and after the rate of fifteen pounds per centum per annum for so long time as the said lands and hereditaments shall remain unsold as aforesaid Provided nevertheless that if the said lands and hereditaments or any part thereof shall be unsold under the power of sale hereinbefore contained and the said John Barton Hack his heirs or assigns shall join in the conveyance to the purchaser and thereby enter into such qualified covenants for title quiet enjoyment freedom from encumbrances (except the above recited mortgage to the said James Hurtle Fisher John Brown and John Morphett) and further assurance as the purchaser shall be entitled to require then the absolute covenants hereinbefore entered into by the said John Barton Hack in relation to the lands and hereditaments so sold shall thenceforth be void Provided also that if the said Jacob Hagen his executors administrators or assigns shall cause the power of sale hereinbefore contained to be exercised either after payment or tender of all principal money interest and costs due on this security or before the expiration of six calendar months from the giving or leaving notice in writing under his or their hand or hands of his or their intention to cause a sale of the said hereditaments such notice to be given to the person or persons or some or one of them or some or one of the persons for the time being entitled to redeem the said hereditaments or left at his or their usual or last known place of places of abode in South Australia then the said Jacob Hagen his executors and administrators or assigns causing the said power to be executed shall be answerable as for a breach of trust in Equity and also in damages as for a breach of contract at law And for enabling the said Jacob Hagen his executors administrators and assigns to pursue the remedy of distress in regard to such of the said lands and hereditaments as are now in the occupation of the said John Barton Hack he the said John Barton Hack hereby admits himself to be tenant thereof from year to year to the said Jacob Hagen his executors administrators and assigns at the yearly rent of six hundred pounds payable half yearly on the twentieth day of March and twentieth day of September In witness whereof the Parties aforesaid to these Presents their hands and seals have here unto set the day and year first above written

John Barton Hack Bridget Hack

signed sealed and delivered by the within named JB Hack in the presence of Charles Fenn clerk to Mr E C Gwynne Gawler place

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Mortgage, 8/9 March 1843

This document rationalised the separate mortgages that Barton and Stephen had entered into with Jacob Hagen. By the brothers agreeing to divide up The Three Brothers estate so that each had full title to their own sections and only Barton having title to those he had already mortgaged to Fisher, Brown and Morphett, each brother could reach a separate accommodation with Hagen. The division of the sections is tabulated at the foot of the document. It paved the way for Hagen to foreclose on each brother.

Mortgage 2 first pageThis Indenture made the eighth day of March in the year of our Lord one thousand eight hundred and forty three Between John Hart late of Adelaide in the Province of South Australia Esquire by Jacob Hagen and John Baker both of Adelaide aforesaid Esquires his legally constituted attornies William James of Adelaide aforesaid Gentleman John Barton Hack of Echunga in the Mount Barker district in the said Province Esquire and Stephen Hack of the same place Esquire of the one part and Peter Peachey of Adelaide aforesaid Esquire of the other part Witnesseth that in consideration of five shillings of lawful British money paid by the said Peter Peachey to each of the said John Hart William James John Barton Hack and Stephen Hack on the execution of these presents the receipt whereof they do hereby respectively acknowledge They the said John Hart William James John Barton Hack and Stephen Hack have bargained and sold and by these presents according to their respective interests to bargain and sell unto the said Peter Peachey his executors administrators and assigns All and singular the several sections of land and hereditaments respectively comprised in the first and second schedules and annexed to the within written indenture and which are delineated in the map or plan endorsed thereon Together with all and singular the houses outhouses edifices buildings yards gardens dairies stock yards barns stables vineyards orchards ways waters trees woods underwoods fences rights members privileges advantages and appurtenances whatsoever to the said several sections of land and hereditaments belonging or in any wise appertaining And the reversion and reversions remainder and remainders rents issues and profits thereof  To have and to hold the said hereditaments and premises hereby bargained and sold or intended to be with their appurtenances unto the said Peter Peachey his executors administrators assigns from the day next before the day of the date of these presents for the term of one year to the intent that by force of the statute made for transferring uses into possession the said Peter Peachey may be in the actual possession of the said hereditaments and premises and be enabled to accept and take the release intended to be made to him of the immediate reversion in fee simple of the said hereditaments and premises by the within written Indenture In Witness whereof the parties to these presents their hands and seals have hereunto set the day and year first above written John Hart by Jacob Hagen and John Baker his attornies William James signed sealed and delivered by the above named John Hart by Jacob Hagen and John Baker his attornies William James John Barton Hack and Stephen Hack in the presence of Edward Thornton

Mortgage 2 last pageThis Indenture made the ninth day of March in the year of our Lord one thousand eight hundred and forty three Between John Barton Hack of Echunga in the Mount Barker district in the province of South Australia Esquire and Bridget his wife of the first part Stephen Hack of the same place Esquire of the second part John Hart late of Adelaide in the Province of South Australia Esquire and William James of the same place Gentleman of the third part Jacob Hagen of Adelaide aforesaid Esquire of the fourth part the said Jacob Hagen of the fifth part Peter Peachey of Adelaide aforesaid Esquire of the sixth part the said Jacob Hagen of the seventh part and the said John Hart and William James of the eighth part Whereas by a Land Grant bearing date the twentieth day of December one thousand eight hundred and forty under the hand and seal of office of George Gawler Esquire Commissioner of public lands resident in the Province of South Australia the said George Gawler for the considerations therein mentioned did grant unto the said John Barton Hack (inter alia) All those thirty five sections of land containing in the whole three thousand and ninety one acres set forth in the first and second schedules hereunder written and delineated in the plan annexed to these  presents Together with all timber minerals and appurtenances To hold unto the said John Barton Hack his heirs and assigns for ever And whereas the said land is part of the special survey called the three Brothers situate at Mount Barker aforesaid And whereas by Indentures of Lease and release dated respectively the eighth and ninth days of March one thousand eight hundred and forty one the release made between the said John Barton Hack and Bridget his wife of the one part and James Hurtle Fisher John Brown and John Morphett all therein described of the other part the said John Barton Hack did grant bargain sell alien release and confirm and the said Bridget his wife (with his privity) did remise release and quit claim unto the said James Hurtle Fisher John Brown and John Morphett and their heirs All those one thousand five hundred and eight acres of land part and parcel of the above mentioned lands and which said sections are numbered and contain the several quantities hereinafter mentioned namely section numbered 3715 containing sixty acres section numbered 3716 containing eighty acres section numbered 3718 containing eighty acres section numbered 3719 containing eighty acres of section numbered 3720 containing eighty acres section numbered 3721 containing sixty six acres section number 3722 containing eighty acres section 3723 containing eighty acres section 3724 containing fifty four acres section 3725 containing eighty acres let to W G Field Esquire section 3726 containing ninety three acres section 3727 containing eighty acres section 3728 containing eighty nine acres section 3861 containing eighty acres section 3862 containing eighty acres section 3866 containing one hundred and six acres section 3867 containing eighty acres section 3868 containing eighty acres section 3869 containing eighty acres Together with all houses outhouses and appurtenances whatsoever belonging or appertaining To hold the said last mentioned lands and hereditaments with their appurtenances discharged from the title to dower of the said Bridget Hack unto and to the use of the said James Hurtle Fisher John Brown and John Morphett their heirs and assigns for ever subject to a proviso for reassurance of the said last mentioned lands and hereditaments unto the said John Barton Hack his heirs and assigns free from encumbrances on payment by the said John Barton Hack his heirs executors administrators or assigns unto the said James Hurtle Fisher John Brown and John Morphett or the survivors or survivor of them or the executors or administrators of such survivor of the sum of two thousand pounds and in the mean time interest for the same at the rate of fifteen pounds per centum per annum at the time and in the manner therein mentioned And whereas by Indenture of declaration of trust bearing date the twenty third day of September one thousand eight hundred and forty one and made between the said John Barton Hack of the one part and the said Stephen Hack of the other part It is witnessed that the said John Barton Hack did acknowledge and declare that the consideration for the said three thousand and ninety one acres of lands and hereditaments mentioned and contained in the above recited land grant were the proper and joint monies and property of the said John Barton Hack and Stephen Hack in equal shares and that the name of John Barton Hack was made use of as concerning one moiety or equal half part of the said lands and hereditaments in trust only for the said Stephen Hack his heirs and assigns and that the said John Barton Hack did renounce any beneficial interest in the said undivided moiety And in the now recited Indenture is contained covenants by the said John Barton Hack to convey the said undivided moiety at any time at the request and costs of the said Stephen Hack to him his heirs and assigns subject to the said recited mortgage to James Hurtle Fisher John Brown and John Morphett and that until such conveyance should be executed the said John Barton Hack would stand seized of the said undivided moiety in trust only for the said Stephen Hack his heirs and assigns And whereas the said sum of two thousand pounds is still due to the said James Hurtle Fisher John Brown and John Morphett on the security of the said recited Indentures of the eighth and ninth days of March one thousand eight hundred and forty one but all interest for the same has been paid up to and inclusive of the day of the date hereof And whereas by Indentures of Lease and release made respectively the thirtieth day of July and the first day of August last past the release made between the said John Barton Hack and Bridget his wife of the first part the said Stephen Hack of the second part and the said William James of the third part It is witnessed that for the consideration therein mentioned the said John Barton Hack did grant bargain sell and release and the said Bridget his wife did with his privity remise release and quit claim unto the said Stephen Hack his heirs and assigns All that undivided moiety or half part to which the said Stephen Hack was entitled of and in the said three thousand and ninety one acres of land hereditaments and premises granted by the above recited Deed poll or land grant of the twentieth day of December one thousand eight hundred and forty with their appurtenances To hold the same discharged from the title to dower of the said Bridget Hack to the uses in the said Indenture mentioned and contained And whereas by certain Indentures of Lease and release bearing date respectively the first and second days of March one thousand eight hundred and forty two the release made between the said John Barton Hack and Bridget his wife of the first part the said Jacob Hagen of the second part and the said John Hart and William James of the third part after reciting that the said John Barton Hack and Henry Watson his late copartner in trade was indebted to the said Jacob Hagen in the sum of three thousand five hundred pounds and it not being convenient to the said John Barton Hack and Henry Watson to pay the same the said Jacob Hagen had agreed to allow the same to remain unpaid on having the security thereinafter provided It is witnessed that in consideration of the premises the said John Barton Hack did grant bargain sell release and confirm and the said Bridget his wife with his privity did remise release and quit claim unto the said Jacob Hagen his heirs and assigns All the undivided moiety or equal half part of him the said John Barton Hack of and in all those thirty five sections of land containing three thousand and ninety one acres and being part and parcel of the said special survey situate at Mount Barker aforesaid To hold the same unto the said Jacob Hagen his heirs and assigns for the term of five hundred years to be computed from the date thereof and subject to the said term to the use of the said John Hart and William James their heirs and assigns in trust for the said Jacob Hagen his heirs and assigns subject to a declaration that the use limited to the said Jacob Hagen his executors administrators and assigns and the use limited to the said John Hart and William James their heirs and assigns should be deemed in equity to be so limited by way of mortgage only for securing the payment of the said sum of three thousand five hundred pounds on the twentieth day of September then next and of interest for the same after the rate of twelve pounds and ten shillings per centum per annum half yearly on the twentieth day of March then next and on the twentieth day of September aforesaid And by the said Indenture as a further and concurrent security for the payment of the said sum of three thousand five hundred pounds and interest power was given to the said John Hart and William James and the survivor of them his executors and administrators after the expiration of three calendar months from the second day of August then next at the request in writing of the said Jacob Hagen his executors and administrators or assigns to sell the said hereditaments and power was also given to the said Jacob Hagen his executors administrators and assigns to appoint the use of the hereditaments so sold in such manner as should be requisite or expedient for completing the said sale And by the same Indenture a power was given to the said Jacob Hagen to appoint new trustees in the place of the trustees for the time being with a declaration that in every such appointment the use of the fee simple should shift to and be vested in the trustees so appointed And whereas the said sum of three thousand five hundred pounds still remains due and owing from the said John Barton Hack to the said Jacob Hagen on the security of the lastly hereinbefore recited Indentures but all interest for the same has been paid up to the day of the date hereof as the said John Barton Hack and Jacob Hagen to hereby respectively declare And whereas by certain Indentures of Lease and release dated respectively the first and second days of August last past the release made between the said Stephen Hack of the first part the said Jacob Hagen of the second part and the said John Hart and William James of the third part in consideration of the sum of six hundred pounds due from the said Stephen Hack to the said Jacob Hagen and of the sum of four hundred pounds lent by the said Jacob Hagen to the said Stephen Hack on the execution of the reciting Indenture the said Stephen Hack did grant bargain sell release and confirm unto the said Jacob Hagen the undivided moiety and half part of him the said Stephen Hack of and in all those thirty five sections containing three thousand and ninety one acres of land hereditaments and premises being part and parcel of the said special survey called The Three Brothers situate at Mount Barker near Adelaide and delineated in a plan drawn in the margin of the reciting Indenture To hold the same unto the said Jacob Hagen his heirs and assigns to the use of the said Jacob Hagen his executors administrators and assigns for the term of five hundred years to be computed from the date of these presents and subject thereto To the use of the said John Hart and William James their heirs and assigns in trust for the said Jacob Hagen his heirs and assigns subject to a declaration that the use limited to the said Jacob Hagen his executors administrators and assigns and the use limited to the said John Hart and William James their heirs and assigns should be deemed in equity to be so limited by way of mortgage only for securing to the said Jacob Hagen his executors administrators and assigns the payment of the said sum of one thousand pounds on the second day of August then next ensuing and of interest for the same after the rate of twelve pounds and ten shillings per centum per annum half yearly And by the same Indenture as a further and concurrent security for the payment of the said sum of one thousand pounds and interest power was given to the said John Hart and William James and the survivor of them his executors and administrators after the expiration of three calendar months from the second day of August then next at the request in writing of the said Jacob Hagen his executors administrators and assigns to sell the said hereditaments and power was also given to the said Jacob Hagen his executors and administrators and assigns to appoint the use of the hereditaments so sold in such manner as should be requisite for completing the said sale and by the same Indenture power was given to the said Jacob Hagen to appoint new trustees in place of the trustees for the time being with a declaration that on every such appointment the use of the fee simple should shift to and be vested in the trustees so appointed And whereas the said sum of one thousand pounds still remains due and owing from the said Stephen Hack to the said Jacob Hagen but all interest for the same has been paid up to the day of the date hereof as the said Stephen Hack and Jacob Hagen do hereby respectively declare And whereas the said John Barton Hack and Stephen Hack are desirous of making a partition of the several sections of land and hereditaments so held by them as aforesaid and they have agreed that the several sections pieces or parcels of land and hereditaments comprised in the first schedule to these presents shall be taken and enjoyed by the said John Barton Hack in severalty in lieu of his undivided share of the entirety of the before mentioned thirty five sections of land and hereditaments granted by the above recited Land Grant of the twentieth day of December one thousand eight hundred and forty and that the several sections pieces or parcels of land and hereditaments comprised in the second schedule shall be taken and enjoyed by the said Stephen Hack in severalty in lieu of his undivided share of the entirety of the before mentioned thirty five sections of land and hereditaments And whereas upon the treaty for the said partition it was agreed between the said John Barton Hack and Stephen Hack that the said John Barton Hack should take upon himself the payment of the sum of sixteen hundred pounds part of the said sum of two thousand pounds advanced by the said James Hurtle Fisher John Brown John Morphett as aforesaid together with all interest that may accrue due for the same from the date hereof and that the said Stephen Hack should take upon himself the payment of the sum of four hundred pounds being the remainder of the said sum of two thousand pounds advanced by the said James Hurtle Fisher John Brown and John Morphett as aforesaid together with all interest that may accrue due for the same from the date hereof And whereas the said Jacob Hagen has at the request of the said John Barton Hack and Stephen Hack agreed to join in these presents in the manner hereinafter contained upon the respective sections of land and hereditaments so agreed to be taken by the said John Barton Hack and Stephen Hack being the sections of land and hereditaments comprised in the first and second schedule to these presents being limited and assured to the same uses upon the same trusts for the same intents and purposes and subject to the same powers provisos and declarations as the respective undivided moieties or equal half parts of them the said John Barton Hack and Stephen Hack of and in the said thirty five sections of land containing three thousand and ninety one acres part of the said special survey were and stood immediately before the execution of these presents respectively limited and subject to under or by virtue of the hereinbefore recited Indentures of the first and second days of March one thousand eight hundred and forty two and the first and second days of August last past for securing the repayment of the respective sums of three thousand five hundred pounds and interest and one thousand pounds and interest And whereas the said John Hart and William James have at the request of the said John Barton Hack and Stephen Hack and also of the said Jacob Hagen agreed to join in these presents in the manner hereinafter contained Now this Indenture witnesseth that in pursuance of the said Agreement and in consideration of the premises and also in consideration of the sum of ten shillings sterling paid by the said Peter Peachey to the said John Barton Hack Stephen Hack Jacob Hagen John Hart and William James at or immediately before the execution of these presents the receipt whereof is hereby acknowledged They the said John Hart and William James (at the request and by the direction of the said Jacob Hagen and with the privity and approbation of the said John Barton Hack and Stephen Hack testified by their severally executing these presents according to their respective estates and interests in the premises and not further or otherwise Have and each of them Hath granted bargained sold and released and by these presents Do and each of them Doth grant bargain sell and release And the said Jacob Hagen according to his estate and interest in the premises and in order to merge the said terms of five hundred years and five hundred years created by the several before recited Indentures of the second day of March one thousand eight hundred and forty two and second day of August last Hath remised released and quitted claim surrendered and yielded up ratified and confirmed and by these presents Doth remise release and quit claim surrender and yield up ratify and confirm and the said John Barton Hack and Stephen Hack according to their respective shares and interests in the premises Have and each of them Hath granted bargained sold and released and by these presents Do and each of them Doth grant bargain sell and release and the said Bridget the wife of the said John Barton Hack in order to extinguish her title to dower out of the hereditaments and premises hereinafter described and released or intended so to be with the privity and consent of the said John Barton Hack testified by his being a party to and sealing and delivering these presents Doth by these presents remise release and quit claim unto the said Peter Peachey (in his actual possession now being by virtue of a bargain and sale for a year to him thereof made by the said John Hart William James John Barton Hack and Stephen Hack by Indenture bearing date the day next before the day of the date of these presents for the term of one year commencing from the day next before the day of the date of the said Indenture of bargain and sale and by force of the statute made for transferring uses into possession) and to his heirs All and singular the several sections of land and hereditaments respectively comprised in the first and second schedules to these presents and which are delineated in the map or plan endorsed on these presents Together with all and singular houses outhouses edifices buildings yards gardens dairies stockyards barns stables vineyards orchards ways waters trees woods underwoods fences rights members privileges advantages and appurtenances whatsoever to the said several sections of land and hereditaments belonging or in any wise appertaining and the reversion and reversions remainder and remainders rents issues and profits thereof And all the estate right title interest property claim and demand whatsoever of them the said John Hart William James Jacob Hagen John Barton Hack and Bridget his wife and Stephen Hack of in and to the said hereditaments and premises To have and to hold the said hereditaments and premises hereby released or intended so to be with their and every of their rights members and appurtenances unto the said Peter Peachey and his heirs to the use is following (that is to say) As to for any concerning the several sections pieces or parcels of land particularly mentioned and described in the first schedule hereunder written and in the map or plan indorsed on these presents colored red subject nevertheless as to such portion of the said lands and hereditaments as are comprised in the above in part recited Indentures of Lease and release of the eighth and ninth days of March one thousand eight hundred and forty one to the payment of the sum of sixteen hundred pounds part of the sum of two thousand pounds secured by the same Indentures and to the powers and remedies thereby given for obtaining payment thereof with interest on the said sum of sixteen hundred pounds from the date hereof after the rate mentioned in the said Indentures but freed and entirely discharged from the payment of the said sum of one thousand pounds and all interest due or to accrue due in respect thereof secured to the said Jacob Hagen of the above recited Indentures of Lease and release of the first and second days of August last past and from the power and remedies thereby given for obtaining payment thereof and from all other powers and authorities contained in the same Indentures To the use of the said Jacob Hagen his executors administrators and assigns for the term of five hundred years to be computed from the date of these presents without impeachment of waste and subject to the said term to the use of the said John Hart and William James their heirs and assigns in trust for the said Jacob Hagen his heirs and assigns to the use nevertheless for such intents and purposes and with under and subject to such and the same powers provisos and declarations and agreements rights and remedies at law and in equity in all respects as under and by virtue of the hereinbefore recited Indentures of Lease and release of the first and second days of March one thousand eight hundred and forty two the undivided moiety or equal half part of him the said John Barton Hack of and in the said three thousand and ninety one acres of land and hereditaments hereinbefore described was and stood immediately before the execution of these presents limited and subject and liable to for securing the repayment of the said sum of three thousand five hundred pounds and interest Subject nevertheless to the right or equity of redemption subsisting in the said John Barton Hack his heirs and assigns by virtue of the said recited Indentures And as to for and concerning the several sections pieces or parcels of land particularly mentioned and described in the second schedule hereunder written and in the map or plan indorsed on these presents colored green subject nevertheless as to such portion of the said land and hereditaments as are comprised in the above in part recited indentures of Lease and release of the eighth and ninth days of March one thousand eight hundred and forty one to the payment of the sum of four hundred pounds part of the sum of two thousand pounds secured by the same Indentures and to the powers and remedies thereby given for obtaining payment thereof with interest on the said sum of four hundred pounds from the date hereof after the rate mentioned in the said Indenture of release but freed and entirely discharged from payment of the said sum of three thousand five hundred pounds and all interest due or to accrue due in respect thereof secured to the said Jacob Hagen by the above recited Indentures of the first and second days of March one thousand eight hundred and forty two and from the powers and remedies thereby given for obtaining payment thereof and from all other powers and authorities contained in the same Indenture to the use of the said Jacob Hagen his executors administrators and assigns for the term of five hundred years to be computed from the date of these presents without impeachment of waste and subject to the said term to the use of the said John Hart and William James their heirs and assigns in trust for the said Jacob Hagen his heirs and assigns Nevertheless for such interests and purposes and with under and subject to such and the same powers provisos declarations and agreements rights and remedies at law and in equity in all respects as under and by virtue of the hereinbefore recited Indentures of Lease and release of the first and second days of August last past the undivided moiety or equal half part of him the said Stephen Hack of and in the said three thousand and ninety one acres of land and hereditaments hereinbefore described were and stood immediately before the execution of these presents limited and subject and liable to for securing the repayment of the said sum of one thousand pounds and interest Subject nevertheless to the right of the equity of redemption subsisting in the said Stephen Hack by virtue of the said recited Indenture And each of them the said John Hart William James and Jacob Hagen so far as respects the several undivided moieties limited and assured by the above recited Indentures of Lease and release of the first and second days of March one thousand eight hundred and forty two and the first and second days of August last past and hereinbefore assured so far only as concerns his own acts and defaults for himself and his heirs executors and administrators hereby severally covenants with the said Peter Peachey his heirs and assigns that he the covenanting party has not at any time or times heretofore made done executed or committed or knowingly suffered any act deed matter or thing whatsoever whereby or by means whereof the said hereditaments and premises or any part thereof are or is or may be impeached charged encumbered or in any wise affected in title charge estate or otherwise howsoever And the said John Barton Hack so far as respects one undivided moiety or equal half part of the said lands and hereditaments hereby released or intended so to be and so far as respects the acts deeds and defaults of himself the said John Barton Hack And the said Stephen Hack so far as respects the other undivided moiety or half part of the said lands and hereditaments hereby released and so far as respects the acts deeds and defaults of him the said Stephen Hack respectively for themselves the said John Barton Hack and Stephen Hack respectively and their respective heirs executors and administrators Do hereby severally covenant with the said Peter Peachey and his heirs in manner following that is to say that notwithstanding any thing made done or suffered by them the said John Barton Hack and Stephen Hack respectively they the said John Barton Hack and Stephen Hack have good right to release the premises hereinbefore described in manner aforesaid and according to the true intent of these presents And also that the said hereditaments and premises hereby released shall at all times hereafter remain to the several uses hereinbefore declared concerning the same and be peaceably held and enjoyed without any interruption or disturbance from the said John Barton Hack and Stephen Hack or any person or persons lawfully and equitably claiming through under or in trust for them or their heirs and that free from all other interests titles liens or other encumbrances occasioned or suffered by the said John Barton Hack and Stephen Hack or any person or persons rightfully claiming or to claim the same at law or in equity in or upon the said premises or any part thereof through under or in trust for them or either of them all by their or either of their means or default except as appears by these presents And also that they the said John Barton Hack and Stephen Hack and every person rightfully claiming or to claim any interest at law or in equity in the said premises or any part thereof under or in trust for them or either of them their or either of their heirs shall at all times hereafter on every reasonable request of the said Peter Peachey his heirs or assigns but at the expense of the said John Barton Hack and Stephen Hack respectively their respective heirs and assigns make and do or cause to be made and done all such further acts and assurances in the law for more satisfactorily assuring the said premises with the appurtenances unto the said Peter Peachey his heirs and assigns to the uses and in manner aforesaid and according to the true intents of these presents as by him or them or by the said John Hart and William James or either of them their or either of their heirs or assigns or their or either of their counsel in the law shall be lawfully and reasonably advised and required And the said John Barton Hack for himself and his heirs executors administrators and assigns doth hereby covenant with the said Stephen Hack his heirs executors administrators and assigns that he the said John Barton Hack his heirs executors administrators and assigns shall and will well and truly pay or cause to be paid unto the said James Hurtle Fisher John Brown and John Morphett their executors administrators or assigns as and when payment thereof shall be required the said sum of sixteen hundred pounds with interest for the same in the mean time after the rate of fifteen pounds per centum per annum And also shall and will effectually save harmless and keep indemnified the said Stephen Hack his heirs executors administrators and assigns of and from all evictions suits at law and in equity costs losses charges damages and expenses whatsoever by reason of the non payment of the said sum of sixteen hundred pounds and interest And the said Stephen Hack doth hereby for himself his heirs executors administrators and assigns covenant with the said John Barton Hack his heirs executors administrators and assigns that he the said Stephen Hack his heirs executors administrators and assigns shall and will well and truly pay or cause to be paid unto the said James Hurtle Fisher John Brown and John Morphett their executors administrators or assigns as and when payment thereof shall be required the said sum of four hundred pounds with interest for the same in the mean time after the rate of fifteen pounds per centum per annum And also shall and will save harmless and keep indemnified the said John Barton Hack his heirs executors administrators and assigns of and from all evictions suits at law and in equity costs losses charges damages and expenses whatsoever by reason of the non payment of the said sum of four hundred pounds and interest In Witness whereof the parties to these presents their hands and seals have hereunto set the day and year first above written

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Will of John Barton Hack, 1884

Barton died at Semaphore on 4 October 1884. His will left his Semaphore properties to Annie Brooks, the wife of his son Charles, and the rest of effects were to be divided between his other sons (his daughters then all being dead).

John Barton Hack (deceased)

South Australia, In the Supreme Court, Testamentary Causes Jurisdiction

Be it known that on the sixteenth day of October one thousand eight hundred and eighty four the last will and testament a copy whereof is hereunder written of John Barton Hack late of the Semaphore in the Province of South Australia Gentleman formerly Comptroller of Accounts in the Government Railways deceased who died on the fourth day of October one thousand eight hundred and eighty four at the Semaphore aforesaid was proved and registered in the Supreme Court of the said Province and that administration of all and singular the personal estate and effects of the said deceased was granted by the aforesaid Court to Theodore Hack of the Semaphore aforesaid Timber Merchant and Charles Hack of the Semaphore aforesaid Agent two of the natural and lawful sons of the said deceased and the executors named in his said will they having been first sworn well and faithfully to administer the same by paying the just debts of the said deceased and the legacies contained in his said will and to exhibit a true and perfect inventory of all and singular the said estate [Marginal note: Sworn under £1050:0:0.] and effects and render a just and true account thereof whenever required by law so to do.

Given at Adelaide under the Seal of the Supreme Court of the Province of South Australia,

Aug Stow LS [?], Registrar of Probates

This is the last Will and Testament of me John Barton Hack of the Semaphore in the Province of South Australia Gentleman formerly Comptroller of Accounts in the Government Railways I give devise and bequeath unto Annie Brooks Hack the wife of my son Charles Hack of the Semaphore aforesaid Agent for her sole and separate use and free from the debts control and engagements of her present or any future husband all my real property situated at the Semaphore aforesaid now consisting of a house and land in Coppin Street and a house and land on the Parade together with all my personal property and effects which may be in upon or about the said real properties situated at the Semaphore as aforesaid I devise all the rest and remainder of my real and personal estate not hereinbefore disposed of to my sons William Hack of the River Murray Wood Merchant Edward Hack of Adelaide Porter Alfred Hack of Aldinga Farmer Bedford Hack of Aldinga Inspector of Rangers Theodore Hack of Port and [A]delaide Timber Merchant Francis Hack of Adelaide Agent and George Bliss Hack of Adelaide Laborer in equal shares subject nevertheless to the payment thereout of all my just debts funeral and testamentary expenses And I declare that if any of my said sons shall die before me leaving a child or children him surviving such sons share shall not lapse but shall be divided equally amongst such children or if only one child then to that child alone And I declare that the share of my said son George Bliss Hack shall be retained by my executors to hold the same in trust for the said George Bliss Hack for his life to pay to him such sum or sums at such time or times as shall to them seem best in their absolute discretion and after his death to pay all such moneys as they have not already given or paid to the said George Bliss Hack to any child or children of the said George Bliss Hack as may survive him share and share alike and if there shall be only one child then the whole to such child I appoint my sons Theodore Hack of the Semaphore aforesaid Timber Merchant and Charles Hack of the Semaphore aforesaid Agent executors of this my will I revoke all former or other wills In witness whereof I have hereunto signed my name this twenty second day of March one thousand eight hundred and eighty four

JBHack

Signed by the Testator John Barton Hack as and for his last will and testament in the presence of us present at the same time who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses

Jos [Joseph Yates] Ashton, Sol[icito]r Adelaide, AWPiper, His Clerk

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