The entrance to Harben Vale in the 1990s

The first Warland in Australia - October 1823 - William Henry Warland

William Henry Warland was born in 1795 in Blandford, Dorsetshire, the second child and first son of William Warland (1765 - 1838) and his wife Ann Harbin, who farmed in the Spetisbury area of Dorsetshire, UK.

William Henry Warland was the older brother of the following siblings who migrated to Australia in the late 1830s:

William Henry Warland was the uncle of several siblings who also had an Australian connection through William's brother John Warland:

As we will see below, William Henry Warland was in contact with other second and third cousins from Dorset, and even borrowed money from a third cousin.

Arrival in Australia - First employment

William Henry (W.H.) Warland was the first documented Warland to arrive in Australia. He arrived in October 1823 on board the Mariner, having accompanied Dr David Reid, a Royal Navy Surgeon from Scotland, out from England to be his superintendent of stock and agricultural concerns. In later years, Reid settled in the Bungonia area of New South Wales (NSW), and was known for his compassion to convicts. Reid died in 1840, and was buried at Bungonia (near Canberra).

It appears that Warland did not realise he could be pre-authorised for a Grant of Land as a free settler. In a letter dated 15 February 1828, Warland noted that he 'did not bring with me from England a letter from the Secretary of State authorising me to receive a Grant of Land'.

According to various historical documents, W.H. Warland left the employment of Reid soon after arrival, and began employment with Samuel Hassall.

3 February 1825 - William Warland requests a Grant of Land

On 3 February 1825, William Henry Warland wrote a letter from 'Macquarie Grove, New South Wales' addressed to 'The Right Honorable Earl Bathurst, Downing Street, H M Principal Secretary of State for the Colonies'. The letter read as follows:

My Lord

I have the honor to inform your Lordship that I arrived in this Colony as free settler in the ship Mariner Herbert Master in September 1823 and that owing to my being ignorant of the prescribed regulations I neglected to procure from Your Lordship the proper authority to enable me to obtain a Grant of Land, and have now the honor humbly to request Your Lordship will please to send to me the usual order directed as above. I further beg leave to state that I have been bred to an Agricultural Life and habit of Industry that I am now engaged in the management of an extensive Farming and Grazing concern belonging to a Mr Samuel Hassall of Macquarie Grove, as above, that I am possessed of sufficient capital to enable me fully to carry into effect your Lordship's intentions in granting Lands; and in proof of the veracity of my statements I beg leave to refer Your Lordship to Thomas Grove Esq Fern House Wilts near Shenton Dorset and the Rev James Mayor, Wimbourne Dorsetshire.

I have the honor to be Your Lordship's Most Humble Servant, Wm Henry Warland

(Source: Records of the Colonial Office, mfm PRO 1-5950 (Various)-Records of the Colonial Office (as filmed by the AJCP)/Fonds CO/Series CO 201/Subseries Pieces: 1-629/File 168. AJCP Reel No: 143-144/Individuals, etc., P-Z. File 168. (via Trove))

It appears that Warland was unsuccessful in this first attempt to gain a grant as he did not have the authorisation letter required. Realising he could not obtain a grant without one, Warland wrote to a James Atkinson of (...iny?) in England seeking one. The letter was received sometime in late 1826 or early 1827, based on the chronology below. (Source: Warland's written statement to the Land Board in February 1828, see below).

September 1825 to March 1826 - Warland and Hassall part ways, Warland joins with John Bingle

Warland's employment with Samuel Hassall ended in September 1825 when Warland joined Captain John Bingle in the purchase of a herd of cattle which was subsequently transferred to Bingle’s farm (called Puen Buen) on the Hunter River.

Captain John Bingle was born in Gillingham, Kent, on 15 May 1796. According to an article in the Newcastle Morning Herald and Miner's Advocate of 16 December 1921, Bingle initially went to sea with the East India Company and then joined the Royal Navy. He arrived in Sydney on board the Minerva under Captain Bell bringing 169 male prisoners to the colony. Bingle left the vessel in Sydney and was commissioned by Governor Sir Thomas Brisbane to take command of a cutter HMS Sally to survey the coast. Sometime before or during 1824, Bingle retired from government service and became a squatter on a 2000 acre property he named 'Puen Buen' on the Dartbrook River at Scone.

According to an article in the Scone Advocate dated 3 October 1947 under the title 'Chronicler: John Bingle', 'no sterner disciplinarian, brutally cruel or callous resident of the colony ever became a member of the magistracy', at one point setting up his own (illegal) court on his property to mete out sometimes severe punishments. References to this activity can be found in The New South Wales Magazine, Volume 2, Number 6, of January 1834. No reference to Warland has yet been found in relation to John Bingle's life. The 1921 article noted that Bingle sold his pastoral interests because of drought and started business in Newcastle instead. Bingle died in Newcastle in April 1882.

Bingle and Warland apparently parted company in March 1826. In a letter dated 15 February 1828 to the Land Board, Warland stated that 'on leaving Mr Hassall I entered into partnership with Mr Bingle where we purchased a herd of cattle consisting of about 370 head which we transferred to Mr Bingle's grant at Hunters River, and have them under my management till about six months since we separated and divided our stock. We had previously selected the best of the cattle and sold 150 head the inferior part of them to the Australian Agricultural Company and also a considerable number to other individuals.'

From March 1826 - Warland's location

Warland appears to have had no permanent abode after he separated with Bingle. He stated in a letter to the Land Board February 1828 that he was 'constantly resided in the upper districts of Hunters River' with his stock, adding that 'since I dissolved partnership with Mr Bingle I feel great inconvenience from having no land to depasture my stock upon'. See below from February 1828.

From 1826 - Squatting in the Hunter Valley

By 1826, the Hunter Valley region was 'fully stocked and in danger of being eaten out. Then drought set in, exacerbating the problem. Sheep and cattle were driven up into its northern reaches in the search for grass. But the men who owned them were hemmed in by the Liverpool Range'. Various individuals began to look at ways to cross the Range and reach the Liverpool Plains from the Hunter. The Plains had been reached by Surveyor General John Oxley in 1818 approaching from the west. Henry Dangar 'found the way that was to become the principal permanent access through present day Murrurundi.

Surveyor-General John Oxley sent Henry Dangar to examine the area as a possible site for the London-based Australian Agricultural (AA) Company (of which Oxley was a shareholder), to take up a grant of a million acres of prime land anywhere in New South Wales. Dangar initially recommended the area of Liverpool Plains but this was rejected as being too remote and another area selected. Various stockmen then began to filter via various routes onto the Plains. 'Many of the bluer bloods seldom if ever saw the land usurped in their names. The standard practice was to send an overseer and a couple of assigned convicts up to wander around until they found a suitable unoccupied tract and then build a hut and stockyards'. (Source: Chapter 4 of 'Waterloo Creek: the Australia Day massacre of 1838, George Gipps and the British Conquest of NSW', by Roger Milliss, ISBN 0 86840 3261.)

Around 1826 to 1827 - Partnership with William Dangar and Edward Gostwyck Cory

William Dangar (Henry's brother) owned considerable land in what is now the Scone region. Around 1826, Dangar put cattle east of Tamworth in partnership with two other 'Hunter venturers', Edward Gostwyck Cory and William Henry Warland, on a run they called 'Wollomal and Waldoo', in the area indicated in red in the 1834 map of the area below. (Source: Chapter 4 of 'Waterloo Creek: the Australia Day massacre of 1838, George Gipps and the British Conquest of NSW', by Roger Milliss, ISBN 0 86840 3261.)

Wollomal and Waldoo. Wollomoul may be the present day village of Woolomin.

It is presumed, but not confirmed, that this partnership was where Warland took his stock after separating from John Bingle. Warland was said have had 1,300 cattle on Wollomal or Waldoo. Another source states that Warland's land was used to raise cattle and the partners were depasturing 1,200 head of cattle. (Source: Journal of the Royal Australian Agricultural and Horticultural Society, Vol 8, p. 228). William Danger was eventually displaced from this area by the Australian Agricultural Company and moved to the eastern side of the Peel River along the Cockburn River in an area known as Moonbi (also shown on the 1834 map, see this map by Robert Dixon dated 1841).

This extract from the map by Robert Dixon shows how the Australian Agricultural Company had taken over the area of Wollomal and Waldoo by 1841.

From 1827 until he was granted his own land, Warland was described an unauthorised occupier of Crown Lands beyond the so-called 'limits of location.' (Source: 'Squatting on Crown Lands in NSW', p2). According to the NSW Postal Directory, Warland was listed as living at Darlington (later to become Singleton).

1827 - The convict Joseph Fleming

Joseph should not be confused with another Joseph Fleming (1811-1891), the son of Henry Fleming and his wife Elizabeth Hall (NSW BDM Ref 2375/1811 V18112375 1A), whose life is recorded in the Australian Dictionary of Biography.

The convict Joseph Fleming was born around 1798, and was tried at Paisley in Ireland. He came on the convict ship the Countess Harcourt in 1827. He was described as a 'farmer's man' and was assigned to William Warland upon arrival. See below from May 1832 for a continuation of his story.

February to May 1827 - Warland requests a grant of land, Land Board replies

By February 1827, Warland had identified 960 acres of land at a place known as 'Gullengall' (Surveyor-General’s Report for 1/15 February 1829, No. 29/33). This report has not been sighted to confirm the name of the location but it does not appear to be listed as an Aboriginal place name. The location was said by Warland to be 'twelve miles up the Gerulburn [sic - Goulburn?] River from Mr Grieg's farm and on the same side of the river'.

On 15 February 1827, Warland wrote to the NSW Land Board requesting a grant of 960 acres, stating that he was '... a single man ... bred to Agriculture from my youth, my family having occupied a farm belonging to Sir John Webb in Dorsetshire for upwards of 200 years.’

Who was James Greig and where was his farm?

Greig's farm was almost certainly a reference to 500 acres on the Hunter River granted to James Greig, a native of Kingross Shire in Scotland, who settled on land on the Hunter River in late 1824. A James Greig arrived on the Amity from Scotland in early May 1824 bringing from Scotland two bulls and four cows, 'the property of Mr Ralston and Mr James Greig'. (The Sydney Gazette and New South Wales Advertiser, 6 May 1824). The Sydney Gazette of 3 June 1824 noted that the Amity arrived from Hobart Town 'having previously sailed from Greenock in September last' with various passengers including James Greig and both Matthew and 'R' Ralston.

Based on various notices (see also below from 1836), James Greig was promised 500 acres of land on banks of the Hunter River by Sir Thomas Brisbane on 22 September 1824. The grant was recorded in Book 38 Page 49 of the Grants Register, and was located in Bureen Parish of Hunter County just past where the Hunter River meets the Goulburn River a couple of kilometres south of Denman. A creek running through his property was originally named Greig's Creek. This was later renamed Bureen Creek (by 1921) and is now called Martindale Creek (after one of the property names owned by the Doyles). Greig's grant was bounded on the west, south and east by land granted to James Doyle, JG Doyle and JF Doyle (whose property was known as 'Martindale').

James Greig's 500 acre farm in the Parish of Bureen, County of Hunter, Land District of 'Musclebrook', is visible in this map from 1884.

The New South Wales Government Gazette of 30 March 1836 recorded, under 'Grants of Land' (pages 274 276), recorded that Abraham Pollock had been re-granted the same 500 acres of land along the Hunter River. The notice states that this land was 'Promised by Sir Thomas Brisbane on 22nd September 1824 to James Greig in whose favour the Deed was advertised on 10th February 1836, but at whose request the Deed is now re-advertised for Mr Polack' [sic]. Maps of the Burreen Parish in 1903 show the 500 acres with 'Virginia Farm' crossed out, now owned by Abraham Polack, but clearly marked for further sub-division. Polack would only retain 241 acres of the original 500.

Twelve miles is around twenty kilometres. The location 'Gullengull' has not been located but the name is similar to the Hunter County Parish of Gullongulong, about 20 kilometres south of Greig's property, between the parishes of Tollagong, Putty, Wareng, Kindarun and Myrtle; the 960 acres eventually selected by Warland near present day Blandford was around 77 kms away north 'as the crow flies', so it is not clear if Warland went looking for vacant land further north, or was already aware of and/or eventually found (and accurately measured out) the 960 acres he settled on near Blandford. Early maps appear to indicate that Warland was one of very few land owners in the Blandford area. There is also a similar sounding location called Gungal located around twenty kms away from Greig's farm in in Wickham Parish of Brisbane County; again, perhaps it was Warland's intention to find property there but, unable to do so (there is no single block of 960 acres in that location) he was forced to continue north.

A man by the name of James Greig died as a result of an accidental shooting (intended for someone else) at a property on the Hunters River, by a man by the name of Denis Shea in June 1841. The Sydney Morning Herald of 6 October 1859 published a notice seeking the whereabouts of James Greig, the settler on the Hunter River, with a contact name of Ebenezer G Beveridge, at the Star Office in Ballarat.

May 1827 - The Land Board's letter to Warland is misplaced

The Land Board apparently replied to Warland in May 1827 asking him to present at the Land Board's office in Sydney, but the Board's letter was never received. Consequently, it appears that Warland then likely wrote to several people in Sydney to determine what had happened.

January to February 1828 - The Land Board grants land to Warland

Warland travelled to Sydney in January 1828 carrying a letter dated 31 January 1828 from John Bingle to William Cox, 'The Secty Coy [Secretary, Company?], Sydney'. The letter stated:

WILLIAM WARLAND Dear Sir. The bearer Mr Warland came out a free settler to the Colony some 2 or 3 years since but has not taken his Land Grant having been accumulating his stock so as to enable him to commence on a new farm to a greater advantage. He is a Dorsetshire man and whose ancestry I know very well. I wish you had gone in with him some time since as he is an excellent judge of sheep and a very good forman [sic] in fact I know of no young man better qualified than him for to manage a concern of some magnitude to an advantage would you have the goodness to introduce him to the Land Board on my account and for which I shall feel obliged. (E) Bingle. I remain very truly yours.

While in Sydney in early February, Warland arranged to attend the Land Board.

A letter dated 9 February 1828 (reference 28/1197) under the letterhead of Rapsey and Mitchell, Sydney and addressed to The Honorable A McLear, Colonial Secretary, states the following:

Wm Warland. Having made application some time since for such grant of land as is usually given to immigrants on their arrival in this Colony. It appears that a letter was sent directing me to attend at the Land Board Office but which I did not receive until six months after the date it having I suppose been mislaid as I have been during the whole of the time a considerable distance up the Country. On my presenting myself a day or two since I was informed it would be necessary for me to renew my application. May I therefore beg a favour of your saying this before the Governor in order that his Excellency may give such authorisation as he may deem necessary on the subject. I beg to state that I am waiting in Sydney for the purpose of attending on the (Hon.be?) the Land Board. I have the honor to be, Sir, your obd. svt. (Signed WH Warland).

Warland's assets at the date of his application to the Land Board were listed in a 'Schedule of Capital belong to Mr WH Warland, a settler from England now available within the Colony for Agricultural purposes', as listed below:

Warland wrote a statement, attached to the above schedule, in support of his request. Some of the details in this statement that outline his arrival and partnership with John Bingle have been noted already. The statement also states that, in response to a request in February 1826, he had received a letter of authorisation from England for a grant of land 'in proportion to my means of bringing it into cultivation'. He noted also that he was 'a single man and was bred into agriculture from my youth, my family having occupied a farm belonging to Sir John Webb in Dorsetshire for upwards of 200 years'. He also added that it was his 'intention to reside upon and manage in person such land as his excellency may be pleased to order me'. His referees were David Reid Esq JP and Messrs Rapsey and Mitchell (Sydney merchants).

On 18 February 1828, Dr Reid of Invermein (later renamed Scone) appeared before the Board. He stated that he was '... acquainted with the applicant Mr Warland previous to his leaving England' and that 'his connections reside at Wimborne in Dorsetshire and are highly respectable'. Reid noted that the Warlands were '... very extensive farmers, but suffered severely in the late distresses of the agriculturalists ...'. This may be a reference to the Corn Laws. Reid said that Warland had accompanied him to the Colony as superintendent of agriculture 'having previously selected for me the Spanish sheep which I brought to the Colony. He said that Warland was '... one of the best farmers and judges of live stock in the colony...'. He added that 'I have not the least doubt that his schedule of capital is correct and I have every reason to ...' (rest missing).

Peter Rapsey of Rapsey and Mitchell also appeared before the Board on the same day. His testimony was as follows:

I have been acquainted with Mr Warland for the last 3 years. He had some of my cattle under his care at Hunters' River. I know that he possesses a herd of cattle of a superior breed, I myself paid to him and Mr Bingle when they were in partnership £12 a head for 18 cows which I purchased from them. And I have no doubt the cattle he now possesses are equal to what I purchased, as he made large sales of his inferior stock to the Australian Agricultural Company. I am not exactly aware of the number he possesses but from what Mr Bingle told me when he dissolved partnership with him I should suppose he must at least have 130 - I am also aware that he possesses a mare in foal and 95 sheep. The latter he purchaed from me at £1-2-6 each and paid from them on delivery in December last. I have seen them since their removal up the country and they are much improved that I think them worth at least 30/- each at present, and from my knowledge of the description of his horned cattle, I think the valuation of the in his schedule also moderate. I have had pecuniary transactions with Mr Warland ever since I have been acquainted with him and consider him a very conscientious man. I also know that he has been remarkably steady in his conduct since his arrival in the Coloney and that he has resided constantly in the country. I also believe it to be his intention to reside in person on such land as he may be granted to him and from his knowledge of live stock and agriculture I think he will be a most successful settler. (Signed) PW Rapsey.

The Land Board confirmed the grant of land to William Henry Warland in its report No 212 of 20 February 1828, published on 21 February 1828 (Reference 28/1.504). The left hand margin of the report has a note dated 15 October 1828 from the Surveyor General stating 'Let him receive authority to select one square mile' (640 acres). The report itself is repeated below.

Land Boards Report No 212. 20 February 1828.

The board beg leave to acknowledge the receipt of the Colonial Secretary's letter of the 12th instant marked B No 28/8 covering the application herewith returned of Mr W Warland for a primary grant of lands and requiring of them to take the necessary measures for ascertaining the amount of that gentleman's capital which is now available in this Colony for agricultural purposes. The board have accordingly the honour to report that Mr Warland came before them on the 15th instant and favoured them with the accompanying schedule of his capital amounting to £1043-17-6 from his own statement, supported by the testimony of his referee a Dr Reid of Argyle and a Mr Rapsey of the firm of Rapsey and Mitchell merchants and auctioneers in Sydney they have every reason to believe is correct. It appears that Mr Warland who appeared to be about 30 years of age is the son of an extensive farmer near Wimborne in Dorsetshire with whom his referee Dr Reid is acquainted and whom he is also representing as highly respectable.

Mr Warland accompanied Dr Reid to the colony in October 1823 in the capacity of superintendent of his stock an agricultural concerns but shortly afterwards quitted his employment. He then entered the employment of Mr Samuel Hassall in the same capacity, and continued with him about two years, when he joined Mr Bingle in the purchase of a herd of cattle which were transferred to Mr Bingle's farm at Hunters River and continued under the applicant's charge till about six months since when he and Mr Bingle dissolved partnership. The cattle mentioned in the schedule are his share of the herd. But they had previously made large sales of the inferior part of them to the Australian Agricultural company and to several private individuals.

Both the applicants referees considered him to possess superior qualifications as a farmer and a judge of livestock and to be a correct and very conscious man his stock may appear to be rather highly rated but as it is shown in Mr Rapsey's statement, he himself paid £12 for some cows he purchased from Mr Warland's breed, the Board sees no reason to question the correctness of the valuation made. Mr Warland having resided constantly in the upper districts of Hunters River states that he never received the letter from the Land Board which they addressed him on the 27th of May last which was the reason of his not having sooner appeared before them. He represents his determination to reside upon and manage in person any land that may be given him being considered well acquainted with farming generally and having hitherto confined himself to agricultural pursuits the Board can see no objection to his receiving such granted land as may please His Excellency the government to grant.

From February 1828 - Colonial Secretary's letters regarding the land grant

Two almost identical notes were sent by the Colonial Secretary's Office in Sydney to the Collector of Internal Revenue and the Surveyor General after the Land Grant decision. These letters stated:

I am directed by his Excellency the Governor to inform you that Mr W H Warland has this day received permission to take possession of the 640 six hundred and forty acres of land of which a description is subjoined, and which are reported on as No 20/23 in the Surveyor-General's Half Monthly Abstract for 15 February to be held agreeably to the existing Regulations as a Primary Grant but the Quit Rent to commence at the end of seven yearss from the 15th day of May 1829 being the date on which he was requested to call at this office and executive a Bond to reside in the Colony for at least three years situate in a County unnamed, Parish unnamed at a place called Gullengull, twelve miles up the Goulburee River from Mr Grieg's farm and on the same side of the River. (References: (to Internal Revenue) JG 109, 28/1197, /2674, /1752; (to The Surveyor General) SG 109, 28/1007, 2/1504, .W)

The Colonial Secretary's Office wrote to Warland around the same time advising him of the primary grant of land.

The Surveyor General having stated in his report for 1/15 February 1829 number 29/23, that in pursuance of the authority given to you by His Excellency the Governor, you have selected 640 acres of land situated in a county unnamed parish unnamed at a place called Gullengall, twelve miles up the Gerulburn [sic] River from Mr Grieg's farm and on the same side of the river - and you having entered into a Bond that you will reside in the colony for at least three years.

NOTE: Gungal, as noted above, was 12 miles away (as the crow flies) from Greig's farm but it was not on the same side of the (Hunter) River, and as already noted, it appears that Warland was unable to acquire land there so continued north. Note the next sentece that appears to allow him to settle on an unsurveyed and unsettled part of the land.

I am directed to communicate to you His Excellency's sanction to take possession of the said 640 acres of land and to retain the same (if it has been surveyed) until His Majesty's pleasure be made known on the subject or until a regular Deed of Grant be made out in your favour. But if the selection which you have made be in an unsurveyed part of the country, it will not be possible to determine at present whether there are any prior claims or other objections to your obtaining the precise spot applied for, or not. It is presumed however that there will be a sufficiency of land for all purposes and the government will not interfere with your selection if it can be avoided.

If the grant be confirmed, the land is to be held by you in free and common socage [sic] on the following conditions, viz:

I am Sir your obedient servant.

This grant of one square mile or 640 acres in an 'Unselected' district was included in the 'Return of Grants of Land made during the year 1828', was signed by T.L. Mitchell, Surveyor-General of the Surveyor-General’s Office on 10 January 1829. (Source: Historical Records of Australia, page 671/672, Despatch No 27 dated 1 March 1829 from Governor Darling to Sir George Murray, with an enclosure detailing the 'Return of Grants of Land in the Colony of New South Wales in 1828')

May 1829 - Warland authorised to possess 960 (not 640) acres

The following note for 960 acres, with a more specific location shown, appeared in the Government gazette, reference No 39/301 and also 328 (date to be confirmed):

960 Nine hundred and sixty acres County of Brisbane Parish unnamed at Pages River near Mount Wingen. Commencing at the south east corner and bounded on the east by a line north one hundred and thirty chains commencing on Pages River, on the north by a line west eighty chains, on the west by a line south one hundred and one chains to Pages River, and on the south by that river to the south east corner aforesaid.

Authorised in favour of WH Warland, 29th May 1829. Compd H. Order dated 3rd June 1829. Authorised by Sir Ralph Darling on the 3rd June 1829 and possession given on the 16th June 1830 as a Primary Grant. First rent £3. Starting possession commencing 1 June.

June 1829 - Further references to the 960 acres

The following two internal memos that explain why Warland received 960 and not the original 640 acres were created on 4 June 1829, both with the reference 28/1504. Although it is not stated, it appears to indicate that a lot of 960 acres was already marked out in that area. As we will see below, other neighbouring lots for 856 acres (to the west), 660, 640 and 1228 acres (to the east) were later granted. The memos were copied from a transcription obtained many years ago, the originals are being sought.

Memo: The Governor certainly intended that Mr Warland should receive the additional 320 acres on the arms of a Primary Grant and it is therefore desireable that the whole 960 acres should be taken in one place. Signed L i (Cul...). H(?) Carrington Esq.

Mr Warland has not received the authority for taking possession of his Primary Grant yet, as he has not entered into the Residence Bond. Is it not probably that the Governor intends he shall receive the 320 acres also as a Primary Grant, if so should he not now receive authority to select ['the' crossed out] 960 and ('the' crossed out] 320 acres cancelling the previous order for the former quantity.

October 1829 - Warland granted 960 acres

According to a later indenture dated 22 March 1844, Warland was granted 960 acres by Sir George Gipps on 18 October 1829. The internal record of this larger grant has not yet been found. The indenture described the land as follows:

... all that piece or parcel of land situate in the County of Brisbane at Page's River near Mount Wingen containing by admeasurement nine hundred and sixty acres be the same more or less commencing at the south east corner and bounded on the east by a line north one hundred and thirty-six chains commencing on Page's River, on the west by a line south one hundred and one chains to Page's River, and on the south by that river to the south east corner aforesaid ...

Correspondence dated 23 September 1833 (noted below) appears to indicate that he was only granted the full 960 acres after that date (September 1833).

1830 - Warland settles at Harben Vale

By 1830, Warland was noted as '... a resident at 'Harben Vale' (named after his mother Ann Harbin), and had huts and barns erected by 1831' presumably on the 960 acres through which the creek later named Warland's creek ran. (Source: 'Descent' (Society of Australian Genealogists), Volume 8, part 4).

August 1830 - John Onge is granted 640 acres of land

John Onge may be the man by that name who arrived in Sydney in late May 1830 on board the Warrior from England via Hobart Town and Swan River. (Source: The Australian, 4 June 1830). If it is the same man he appears to have quickly sought to acquire property, perhaps via an agent.

John Onge was granted 640 acres of land at 'parish unnamed' at Pages River near Mount Wingen on 18 August 1830, with a quit-rent of £5-6-8 Sterling per annum commencing 1 January 1838. This grant was authorised by Governor Darling and possession given on the 13th of November 1830 as a primary grant. (Source: The Sydney Gazette and New South Wales Advertiser of 4 June 1839, page 4, Government Gazette dated 25 May 1839, which published the details of the grants 'in order that all parties concerned may have an opportunity of correcting any errors or omissions that may have been made inadvertently'. WH Warland's primary grant of 960 acres was also included in the same notice. See below from May 1839).

The land (separated from WH Warland's 960 acres by a 660 acre block granted to Peter Hayden) was defined in other documents and also shown clearly on maps located at Page's River, near Mount Wingen as follows; commencing at the south-east corner, and bounded on the east by a line north 170 chains, commencing on Page's River; on the north by a line west 40 chains; on the west by a line south 119 chains south, to Page's River; and on the south by that river to the south-east corner aforesaid.

Who were the Onges?

There are few details about John Onge. According to his niece's wedding notice (see below), his father was from Hastown, Dublin as his sister's death notice in 1870 states that her (their) father Abel was from there. Abel's wife may have been Catherine Persse (based on a Geni site search). The extent to which he took an interest in the 640 acres of land is not known; the 1841 Court Case regarding this property (see below) states that he had left the Colony. This may not be true or perhaps he returned.

A John Onge with an unnamed wife and child arrived in Port Jackson on the Merlin from Liverpool on 18 September 1852. A John Onge placed an advertisement in the Sydney Morning Herald on 25 November 1854 regarding a request for Mrs MacGregor to 'redeem a box'. Another notice appeared in the same paper on 24 July 1856 regarding money owed by a George B Shaw. A John Onge (presumed to be the same man) aged 84, was found dead in a hut in Copeland, NSW (east of Scone) on 25 September 1879 The NSW BDM record (6750/1879) states that his parents were Abel and Louisa Onge. Onge may have been in the area mining for gold that was first discovered in the Copeland area in 1876.

John had a sister named Louisa Downes Onge, the eldest daughter in the family, who appears to have lived in Maitland. Louisa, who never married, was declared insolvent in July 1863 with an overall deficit of £174-8-1/2 (The Maitland Mercury and Hunter River General Advertiser, 4 July 1863 and New South Wales Government Gazette, 21 August 1863). Louisa died at Hunters Hill or Ryde on 23 July 1870 (NSW BDM Ref 5762/1870, same parents listed as John).

To add to the above, a Louisa Phillips, said to the granddaughter of Abel Onge of Hastown, Dublin, and the eldest daughter of George Phillips of Port Vale, Staffordshire, England, married the Rev William S Byrnes (eldest son of James Byrnes, JP, of Edgeworth Cottage, Parramatta), by special licence at St John's Church in Parramatta on 7 August 1855 (The Sydney Morning Herald 8 August 1855). Louisa Byrnes (nee Phillips) died on 16 April 1907 at Braeside, Lewisham. Her death notice in the Sydney Morning Herald of 17 April 1907 indicates that her husband pre-deceased her. No other family is mentioned.

A Mary Onge (nee Roberts?), the daughter of Robert and Gwen (on the BDM record), died in Sydney in January 1891 (NSW BDM Ref 7/1891). There is no NSW BDM record for either parent. Could this have been John's wife? A John Roberts placed a notice in the Evening News (Sydney) on 3 January 1891 inviting his friends to attended the funeral of his sister, Mrs Onge, late of Fitzroy Street, Moore Park, from his residence at Chester Cottage on the same day.

August 1830 - Warland obtains a Mortgage by Demise for his 960 acre property

On 7 August 1830, William Henry Warland entered into an Indenture of 'Mortgage by Demise' with Daniel Cooper and Solomon Levey of Sydney Merchants. A 'mortage by demise' was 'a temporary transfer of property for a very long time (usually 500 or 1,000 years) in order to secure a loan of money.' This type of mortage was more common between the 17th and 19th centuries in the UK. (Source Mortgage by Demise, University of Nottingham, retrieved 10 September 2023).

The mortgage describes the lands or property conveyed as follows:

All those Nine Hundred and sixty acres of Land mentioned and described in and by a certain Letter under the hand of the Honorable Alexander McLeay Colonial Secretary of New South Wales bearing date the sixteenth day of June one thousand eight hundred and thirty and No. 30/1005 situation as by the said letter is mentioned in the County of Brisbane Parish unnamed eleven miles and a quarter nearly due North from Mr. Little's Northern boundary at the confluence of Page's River with a small creek running from the North but to be measured according to the established regulations and the boundaries to be determined by Section lines Together with all appurtenances thereto belonging'.

To the immediate left of the above paragraph is the handwritten note 'Appn 24643 pI Por58?'.

In the section 'Consideration and how paid', the mortgage states: 'One Thousand two hundred Pounds due and owing to the said Daniel Cooper and Solomon Levey and Ten Shillings of Lawful money of Great Britain in hand paid'.

In the section 'Any other particulars the Case may require', the mortgage states: 'To Hold unto the said Daniel Cooper and Solomon Levey their executors administrators and assignees forever subject to a Proviso in the said Indenture contained for redemption of the same premises upon payment of the said William Henry Warland his heirs executors administrators or assigns unto the said Daniel Cooper and Solomon Levey their executors administrators or assigns of the said sum of One thousand two hundred Pounds and interest as therein mentioned.

The above mortgage was sworn in the Supreme Court by John Lewis Spencer of Sydney, on 21 September 1830.

1830/1832 - The convicts Patrick and Bridget Featherstone/Sheerin

Patrick Sheerin/Shearing/Shearin was a 33 year old (born around 1797) labourer and soldier from County Meath. Patrick was caught stealing clothes, tried on 9 March 1829, and sentenced to 7 years transporation. Patrick Sheerin arrived at Port Jackson on the convict ship James Pattison which left Dublin on 2 October 1829 and arrived at Sydney on 30 January 1830. Patrick was assigned on arrival to Warland at Pages River. As we will see below, his wife Bridget Featherstone was also assigned to Warland. Patrick was given his ticket of leave on 18 November 1834 at Invermein.

Bridget Featherstone/Sheering was born around 1794 in Dublin and was a 'confectioner/laundry worker'. She was married to Patrick Sheerin and they had one daughter, Catherine Shearing/Featherstone. Bridget, aged 35, was sentenced on 21 August 1829 to 7 years transportation for stealing a plate. Bridget (and her daughter) was one of 120 Irish women who were transported on the Forth II, having previously been held in prison in Ireland.

The Forth II departed the Cove of Cork on 3 June 1830 and arrived at Port Jackson on 12 October 1830. After initial checks they were landed as 'fit for service' on 23 October 1830. Bridget was initially assigned to Major Sir Thomas L Mitchell and her daughter Catherine was placed in the Orphan School. At some point Bridget was assigned to the Female Factory in Parramatta from where she was assigned to Warland at Page's River for 'all work' in July 1832. (NSW Government Gazette, 11 July 1832, issue no 19, page 179). It is assumed she was sent there because her husband was there.

What happened to their daughter Catherine? Patrick Shearing placed a notice in several newspapers in August 1847 including the Sydney Morning Herald and the Maitland Mercury and Hunter River General Advertiser stating the following: 'Catherine Featherstone, alias Shearing. The above named came to this colony with her mother, and was placed in the Orphan School at Parramatta in 1830. If this advertisement should meet her eye, she is requested to communicate with her Father, Patrick Shearing, to the care of P Brodie, Esq., Glanalvon, Page's River.' It seems possible that Catherine learned about this notice and eventually moved to Murrurundi by 1848.

Catherine Featherstone married a Luke Lamb in 1848 (NSW Ref 513 1848 V1848513 33B) and had at least three children:

March 1831 - 'Walden's Station'

In March 1831, an area known as Walden’s [sic] Station was marked on maps of NSW (No. 1, State Archives, 4897, drawn by Dixon, March 1831). This was in fact Warland’s property at Harben Vale. (Note: This map needs to be sighted to confirm this detail)

1831 - Warland robbed

On 25 April 1831, Warland's property was robbed. Details of the court case that followed may be found here.

1831 - Warland (and others) seek suspenson of rents

In September 1831, Warland and a number of other settlers in that part of New South Wales petitioned the Governor for the suspension of the collection of rents because of the inability of graziers to pay them. This situation was brought about by a number of factors such as the '... erroneous valuation of the land', but more particularly because of the difficulty of selling produce in distant markets. (Historical Records of Australia, 1, September 1831, pp 342 – 344).

May 1832 - The convict Joseph Fleming absconds

The convict Joseph Fleming (born 1798) absconded from Warland in May 1832. (NSW Government Gazette, 23 May 1832, p.107).

The NSW Government Gazette of 5 September 1832 (page 277) noted that Joseph Fleming, 'per Countess of Harcourt', was to be a police constable at Newcastle and 'act as Scourger, from the 6th July, in the room of Patrick Crinion, [who had been] dismissed for theft on the 13th June'. The Sydney Morning Herald of 26 September 1832 noted that Joseph Fleming and several other convicts from the Countess of Harcourt had been given their certificates of freedom.

In November 1832, Joseph Flemming [sic] applied to marry Bridget Neill, a 25 year old convict servant from Limerick in Ireland who had arrived on the City of Edinburgh in 1828. Permission was refused because Bridget was married. Bridget was imprisoned in Newcastle goal after a riot at the Factory there on 17 November 1832. A request to re-assign her was approved. Joseph and Bridget seemed determined and eventually married at Christ Church in Newcastle in 1833 (NSW BDM Ref 283/1833 V1833283 17). It is not known if they had any children.

The NSW Government Gazette of 9 April 1834, page 213, noted that Jos Flemming, a farm servant, had been transferred from H. [Henry] Flemming of Wilberforce. The Gazette of 11 June 1834, page 392, noted that Jos Flemming was transferred from T Maloney of Wilberforce.

On 5 November 1834, Bridget Flemming (nee Neill) was admitted to Newcastle goal from Maitland Quarter sessions and remanded for trial. A day after, on 6 November 1834, Joseph Flemming [sic], described as a 'shoemaker from Ayreshire' was admitted to Newcastle goal from Maitland Quarter Sessions. Both were sent for trial at the Sessions on 21 January 1835.

On 4 February 1835, Bridget Flemming (nee Neal) was admitted to Newcastle goal from Newcastle district and remanded until the next court day. She was sent to the Police Department for court on 6 February 1835. On 6 February 1835, Bridget was admitted to Newcastle goal under sentence of 10 days in the cells and 2 months in the 3rd Class Factory in the goal. She was returned to her husband on 16 April 1835.

Bridget Flemming (nee Neill) was granted her certificate of freedom on 5 May 1835 (NSW Government Gazette, 6 May 1835, page 277).

A Joseph Flemming married a Jane McConnell in 1842 in 'CJ' (NSW BDM Ref 192/1842). There do not appear to be any children from this marriage.

It is not known what became of the younger Joseph Fleming/Flemming after he was given his certificate of freedom, but he should not be confused with his namesake. Bridget Fleming may be the woman with that name, the daughter of James and Margeret, who died at West Maitland in 1893 (NSW BDM Ref 8769).

September 1832 - The convict Wilbee Cornilius/Cornelius

Wilbee Cornilius/Cornelius was born in Northamptonshire in 1804. He was convicted in March 1826, along with John King, Thomas Jakeman and Charles Hudson, of stealing linen cloth valued at £3 6s at the Quarter Sessions for the City of Oxford. They were sentenced to seven years transportation but were transported separately. Wilbee left England on 16 October 1826 onboard the Midas II, arriving on 15 February 1827. He absconded from a farm in July 1828 and, after being captured, was sentenced to three years at the penal colony of Moreton Bay from where he absconded again in August 1829.

In September 1832, Cornelius was assigned to Warland. (NSW Government Gazette, 26 September 1832, issue no 30, page 314). He was granted his Certificate of Freedom on 23 May 1833. He married the widow Mary Melanophy at West Maitland in 1847 and they had a daughter Amelia Flora Wilbee who later married George Thorn and had 15 children of her own. Cornelius died at the Macquarie Street Asylum in Parramatta on 3 April 1844.

November 1832 - Two more convicts assigned to Warland

The Government Gazette of 28 November 1832 recorded that two more convicts were assigned to William Henry Warland. The convicts were William White (a sweep) and William Wilson (a keeler), who both arrived on the Lady Harewood.

Early 1830s - Warland concentrates on his own holdings

Warland appears to have decided to concentrate on the development of Harben Value, and to increase his holdings in the area. To assist him, Warland formed a partnership in 1832/33 with Peter Haydon, then a Sydney-based businessman, and his partner Peter Brodie. Brodie subsequently travelled to the Page’s River Valley to help manage the partners’ affairs. In the map of the area showing Warland's 960 acres, we can see that Peter Hayden owned 660 acres between Warland's 960 and Onge's 640 acre holdings.

September 1833 - Warland returns to the UK

A (poorly so unclear) letter to the Colonial Secretary dated 23 September 1833 at Sydney stated the following:

Sir. As apro to Mr Warland. I have the honour to reply to your communication of 25th June last relative to a grant of land 960 acres at Pages River and described in the Govt Gazette of 25 May as No 328. Mr Warland does lay claim to the above land. His Christian names is [sic] William Henry Warland; he's residing at present in London when in the Colony is at Page's River. There is no name to the property - nor are the deeds required in any other than Mr Warland's name. Mr Warland's absence in England and the consequent detention of your communication to him.

September 1833 - Convicts assigned to Warland

The Government Gazette of 6 November 1833 carried a notice under the subject 'Return of Assignments of Male Convicts made in the Month of September 1833' (pages 459 - 463). On page 462, it notes 'Warland, WH, Page's River, a farm servant and a labourer'.

November 1833 - Letters to Warland remain unclaimed

The Government Gazette of 6 November 1833 noted on page 465 that the General Post Office had one unclaimed letter for Mr WH Warland, possibly because he was in England at the time.

End 1834 - Warland back home, assigned more convicts

By the end of 1834, Warland had erected a substantial stone homestead at Harben Vale, just by the banks of a small creek named after (or by) him. According to Mr A McLellan of Scone, NSW, Warland’s wife lived in the homestead from 1835; in fact, Warland did not marry until 1841.

By 1834, Warland had 25 employees, the majority of whom were convicts. Warland was assigned an additional two convicts in that year. (Government Gazette, 1834, p. 905).

1834 - Death on the farm on Christmas Day

On 25 December 1834, Mr Robert Scott and Mr James Scott visited Harben Vale. The following story is related by Mr A.F. Smith, writing in the Scone and Upper Hunter Historical Society Journal. (Volume 2). The following occurred on that day:

Scotts Creek in the same locality it is surmised derived its name from this family. The Squire had treated his servants to a supply of grog, a number of whom were becoming obstreperous under its influence. Mr Warland and his visitors went for a stroll down one of the paddocks the first named remarking that the men were annoying him in their quest for more grog. It was during the party's absence that a disturbance arose among the men, two of whom came into fisticuffs.

The fight had been in progress about ten minutes when one of the contestants fell and, when picked up, it was found that life was extinct. On Mr Warland’s return, the second party to the affair was apprehended and forwarded to Redbank where he stood trial on an indictment of murder. When the case came for hearing, evidence was given to the effect that the dead man was the aggressor, the prisoner only fighting in self defense. The prisoner was committed to the Supreme Court of Sydney.

Mr McLellan of Scone, NSW, commented, in relation to this story that '... according to Mr Peter Haydon, who was Mr Warland’s partner at the time, the party was given to celebrate the completion of the first Harben Vale homestead, a stone building. Mr Smith has confused the two Scotts – Robert’s brother was Helenus Scott. The Creek was named after Lieutenant J.L. Scott, who sold his land to Mr Warland in 1834. Redbank was the forerunner to Scone.'

August 1835 - 1000 acres for sale east of Onge's 640 acre grant

The New South Wales Government Gazette of Wednesday 5 May 1835 carried details (on page 538) of land to be auctioned on 11 November 1835. It included the following parcel of land:

The above description appear to be the same as the 1228 acres acquired by Warland on 11 November 1835 - see confirmation below. It seems possible that the actual amount of acres was adjusted after or around the time of the sale.

September 1835 - 1000 acres for sale next to Warland's 960 acre grant

The New South Wales Government Gazette of Wednesday 9 September 1835 carried details of land to be auctioned on 14 October 1835 and 9 December 1835. Sales for the latter date (from page 637) included the following parcel of land (on page 638):

Based on details noted below, it appears that Warland acquired this land - but 856 acres not 1000 acres. Again, this may be a post-sale adjustment.

1835 - Warland said to partner with Marsden and Co, Sydney

Marsden and Flower was a Sydney based import/export business established by Thomas Marsden, the son of the Rev Samuel Marsden (1764, Horsforth, Leeds, UK - 1838, Windsor, Parramatta) who arrived in Australia with his wife Elizabeth in 1794, appointed by King George III as Chaplain to the Colony. Thomas Marsden's son, also Samuel Marsden and a member of the church. According to a letter from A MaClellan of Scone dated in the 1980s, (Warland) 'must have arrived with considerable capital. This is illustrated by the fact that he became a partner in a considerable Sydney business, Marsden and Co, which in 1835 had 120 Pitt Street as their address'. This detail has yet to be confirmed but as someone who needed to import and export stock and other items, it is very likely that Warland had some relationship - business or personal - with the Marsdens.

1836 - Warland lends money to Peter Brodie and Peter Haydon

According to a legal case that took place on 20 May 1845, William Henry Warland lent money in 1836 to Peter Brodie and Peter Haydon. The case notes that, as Warland was 'absent from the Colony' in 1840, an agreement was entered into between Peter Brodie and a Philip William Flower. The wording of the agreement is recorded in the 1845 case - see below. Peter Brodie died before the debt was repaid.

January/February 1836 - Warland's seeks to acquire land

Two records dated January and February 1836 refer to Warland's land acquisitions.

36/1 Ent 3 A.W. 5th Jany (1836): Application of William Henry Warland of Pages River Co Brisbane for permission to purchase land.

(Addressed to the Surveyor General). 36/003 3 February 1836 dated 1 January 1836: Sir, being desirous to purchase the following piece of land, I request you will obtain the Governor's authority that it may be put up for sale at the minimum price determined by the Government, agreeably to the Regulations of 1st August 1831 and 1st November 1833 viz - 960 acres County of Brisbane, bounded on the south by Page's River, on the east by J Onge's grant, on the west by WH Warland's grant [of 960 acres], on the north by a line to include the quantity. Signed WH Warland. I am free and arrived in the Colony by the ship Mariner from London in the month October of the Year 1823. I have the honor to be, Sir, your obedient humble servant. Signed WH Warland.

The land described above appears to be that acquired by Peter Hayden (660 acres) and possibly all or part of the lot containing 320 acres adjoining that land on the north that was acquired by Frederick R White.

A letter dated 21 January 1836 from the Internal Revenue Office, Sydney, to the Colonial Secretary (Reference A No 36/80), states the following:

Sir. Referring to my letter of the 9th ultimo A No 35/2932 transmitting a report of the first of June that day due to Lot 31 of that report which states William Henry Warland of Pages River Esquire to be the purchaser of that Lot including eight hundred and fifty six acres sitate in the County of Brisbane on Pages River for the sum of two hundred and fourteen pounds which amounts he has paid. I have the honor to request that you will please to cause a deed of Grant in his favour tof the land above mentioned to be prepared and transmitted to me through (the usual channels?).

The above letter appears to have the following on the front or margin (the original has not been examined, this is from a transcription): WH Warland deed herewith 856. Paid 9th December 1835 £21-8-0. Paid 9 January 1836 £192-12-0. £214-0-0.

Another letter probably also from the Internal Revenue Office to the Colonial Secretary (Reference A No 36/80) states the following in relation to the acquisition of 1228 acres:

Replying to your letter of the 11th ultimo A No 35/2424 (...) thing in a Report of the Sale of Land that day and [...] Lot 62 of that Report which states William Henry Warland of Pages River paid to me the purchase of that Lot containing twelve hundred and twenty eight acres situated in the county of Brisbane on Pages River for the sum of three hundred and seven pounds which amount he has paid. I have the honour to request that you will please to cause a Deed of Grant in his favor of the Land above mentioned to be prepared and transmitted to me through the usual channel as early as convenient. I have the honor to be, Sir, Your most obedient servant. Signed Wm MacPherson, Collector Internal Revenue.

The above letter notes: Paid 11th November 1835 £30-14-0, Paid 14 December (1835) £276-6-0. (Total) £307-0-0. Deed executed 28th January 1836, Dispatched 10th March 1836.

February 1836 - Warland seeks another 1200 acres, receives deed for 1228 acres

The Government Gazettes of 10 February 1836 (page 113), 30 March 1836 and again on 27 April 1836 (page 335) carried the same notice from the Colonial Secretary's Office dated 9 February 1836 under the subject 'Sale of Land', to be sold on 11 May 1836. The notice reads: '24. Brisbane, 1200. Twelve hundred acres on Page's River, bounded on the east by Ouge's [sic] grant; on the south by Page's River; on the west by WH Warland's grant; and on the north by the section line. Applied for by William Henry Warland. Price 5s per acre'.

This land appears to be what became several parcels of land - 660 recorded against Peter Hayden, and 320 and 302 acres recorded against Frederick R White. *As can be seen in the map above, the land was bounded on the west by Onge's grant of 640 acres. The text in the Gazette appears to be a misreading of the following text that appeared in the 1844 indenture: '... bounded on the west by the eastern boundary of Johns Onge's Grant ...'

The second notice in the form of a two page table (pages 115 - 116) summarised land sales sold by auction on 11 November 1835, with the price paid. It records that William Henry Warland purchased Lot 62, 1228 acres, in Brisbane County for £307. Deeds were granted on 28 January 1836 (page 238) as indicated above.

This land was described in the 1844 indenture (see below) as follows:

All that piece or parcel of land situate in the County of Brisbane on Pages River near Mount Wingen containing one thousand two hundred and twenty eight acres bounded on the west by the eastern boundary of John Onge's Grant being a line north seventy five chains commencing on Page's River at the south east corner of the said John Onge's Grant, On the north by a line east ninety-eight chains, On the east by a line south one hundred and sixty four chains to Page's River, and on the south by that river to the south east corner of John Onge's six hundred and forty acres grant aforesaid ...

The Government Gazette of 16 March 1836 carried a four page notice (pages 237 to 240) from the Colonial Secretary's Office dated 10 March 1836 under the subject 'Title Deeds'. The notice records the delivery of title deeds to various people including William Henry Warland (page 238) as follows: 'Advertisement of 3rd August 1835, 121. William Henry Warland, 1228 acres, Brisbane, lot 62.'

This map of Parish of Murulla, County of Brisbane dated 1892 shows the four largest land areas acquired by 1836 (although the 640 acre property would only be possessed in 1841). It is believed the area of 1228 acres was known as his 'lower farm' (based on newspaper reports in 1856, see below). Also note the number of smaller blocks directly above the 1,228 acres and alongside the 640 acres. As noted above, these were sold by Scott (after whom the creek was named) to Warland in 1834 as noted above.

March 1836 - Warland confirmed to possess 856 acres

Warland was confirmed to have acquired a further 856 acres (Lot 31, County Brisbane) on 29 March 1836 for £214. The location of this area of 856 acres of land was described in the 1844 indenture as follows:

... all that piece or parcel of land situate in the County of Brisbane aforesaid on Page's River near the Rock containing eight hundred and fifty six acres bounded on the east by the western boundary of Warland's Grant [of 960 acres] being a line north one hundred and one chains commencing on Page's River, on the north by a line west one hundred and two chains, on the west by a line south seventy four chains to Page's River, and on the south by that river ...

This description aligns with the 856 acres indicated in the above map. The southern part of this property, as well as the south western part of the 960 acres property, both with running along the Pages River, would later be subdivided and sold to become part of the private township of Blandford (as can be seen on the map above). Part of this new private township would be directly across the river from the proposed village of Murulla - see below.

April 1836 - Gazette references to land acquired by Warland

The Government Gazette of 27 April 1836 carried several further notices relating to Warland's property acquisitions.

Under the notice 'Sale of Land' dated 25 January 1836, it states that various portions of land near Warland's land would be auctioned on 11 May 1836. These portions included the following on pages 334 and 335:

In the same Gazette, under the notice 'Title Deeds' dated 25 April 1836 (page 339), a number of Deeds of Grant were said to have been transmitted to the Registrar of the Supreme Court 'to be by him forwarded through the Surveyor General to the Collector of Internal Revenue, by whom notification of their receipt at his Office will be made to the Grantees by letter, after which they will be delivered on application'. The 'purchases under the existing regulations' included Warland's acquisition of 356 acres under 'Advertisement of 8th September 1835:

It seems possible that the typesetter misread 856 for 356. There does not seem to be any other obvious explanation as the land area was definitely 856 acres. See the next entry below.

May 1836 - Gazette reference to 856 acres acquired by Warland

The Government Gazette of 4 May 1836 carried a notice (on pages 369 - 370) from the Colonial Secretary's Office dated 2 May 1836 that advised in table form of the sale of land previously advertised in the Gazette on various dates. It states 'Lot 31 - Brisbane - 856 (acres) - Wm H Warland - £214/0/0. Peter Brodie's acquisition of 1036 acres at Lot 30 is directly above this line in the notice.

By mid-1836, Warland possessed 3,044 acres of land in three main parcels: 960 (original primary grant), 856, and 1228 acres.

July 1836 - More convicts assigned to Warland

The Government Gazette of 20 July 1836 (pages 548, 549) contains references under the subject 'List of male prisoners assigned during the month of February 1836' to the allocation of four convicts to 'Warnand [sic], WH, Page's River: 3 laborers and 1 shoemaker.

The Government Gazette of 27 July 1836 (pages 576, 577) contains references under the subject 'A list of male prisoners assigned during the month of March 1836' to the allocation of two convicts to Warland: 1 weaver and 1 labourer. The latter was assigned to 'Wealand. WH [sic], Page's River'.

1836 - Sheep to South Africa? - 1836

In March 1836, Warland travelled from Newcastle on a ship apparently carrying a load of the partner’s sheep, to be sold at Capetown, South Africa. This story is corroborated by an article in the Sydney Gazette 12 Mar 1836, describing William Warland shipping on the 'Leda' 315 merino sheep and 2 cashmere goats for sale in Cape Town. Another report that suggests he went to South Africa to buy sheep, but perhaps he brought some stock back and the stories are confused; there are later references to Frederick White (who bought the land after Warland died) getting rid of these imported sheep. Warland then travelled onto the UK. The ship was possibly the barque Leda, which was apparently part-owned by Warland from 1835 – 1836 [further research into this is required to confirm]. Messrs Haydon and Brodie were left in charge of all the properties.

Warland wrote the following letter to Peter Haydon in Sydney from Two Fold Bay on 31 March 1836.

My dear Sir, I have no doubt you will be a little astonished to find that we are here we left Newcastle on the 19th March with a fair wind but immediately we got out to sea the wind shifted around to the southward and has continued so almost ever since. We have not had more than six hours fair wind since we started. Last saturday we were to the southward and westward of Cape Howe but it blew so tremendously hard that we were obliged to lay the ship to, and in 48 hours we had drifted 60 or 70 miles to leeward. Several ships have suffered very much in the late gales. We found several vessels here when we came in.

I am happy to inform you that we have met with no accident either to the ship or sheep. Our sheep are all living and looking remarkably well with the exception of one ram that came from Port Stephens which I expect will soon die. You can form no idea of the trouble we had with them all through the bad weather. You would have laughed to have seen me on shore yesterday with all the crew cutting grass. I had to show them all the way to reap it, I was all the day cutting away without my coat neckcloth on, we have the whole of the crew on shore again this day at it and Mr Le Grande the Superintendent who is the most useful fellow I have ever met with for a thing of this kind. I cannot tell what I should have done without him he is amongst the sheep near all day it takes five hands almost continually looking after them if I can get this cargo safe to the Cape I think it will be the last I shall ever take no one knows the trouble except those who have experienced it I would rather manage ten thousand sheep at Liverpool Plains than one shipload at sea particularly in such bad weather as we have had since we left Newcastle. I told you several times it was a great risk for one person to undertake, not that I am funking at it, but I think we shall have a long passage and you can form no idea of the quantity of food so many sheep requires. When we left Newcastle every part of the ship was as full as it could hold one after cabin was full of bran and oats and the ships sides covered with hay and the whole of the between decks as full as it could hold.

The wind is shifting around to the northward of east I hope it will continue if so we shall be off at daylight tomorrow morning. I should feel obliged by your writing by the first ship by the way of the Isle of France and let me know all the news of Sydney and send me papers. Oh by the by have you (words missing) the monitor if not he will (word/s missing) my name in the papers. I am in a great hurry I'm going onshore to dine with doctor Emly and two other more gentlemen which I hope will be the last dinner I shall have in Australia for some few or five months. Give my kind respects to Hayden and all my old friends. And believe in haste yours truly, WH Warland. Give my best respects to the Mr Marsden and tell him I will write him if we touch at the Isle of France. (Note folded sealed four seals addressed to Peter Hayden Esquire Sydney NSW. Large figure 3 and a small number 157 along postmark most of the letter is unreadable but the word Sydney is discernible)

On his return to Australia, the partnership was dissolved, and Warland managed the properties by himself, assisted by his 'nephews' [William Warland] and his niece [Emma Hayles] and her husband [Alfred Hayles]. (Source: Scone and Upper Hunter Historical Society Journal, Volume 3, part 2, page 5). This information may not be correct as William Warland did not arrive until at least 1851 and Emma and Alfred Hayles who were recorded in marrying in England in December 1852 only arrived in 1853 possibly together with William. [Further research is required to confirm arrival dates]. Peter Haydon’s brother Thomas also had some involvement until 1845.

1837 - Post Office established at Murrurundi

According to pages 140 to 143 of Volume XXXIX of the Journal of the Royal Historical Society (quoted below again as 'the Journal of the RHS'), a post office was established at Murrurundi in 1837, and this formed the nucleus of a settlement.

December 1837 - Warland enters into a lease and release agreement for a Sydney-based property

William Henry Warland entered into a 'lease and release' instrument dated 9/10 December 1837 with William Bland and himself (of the first part), Peter Haydon (of the second part), and Elizabeth Haydon (of the third part). Witnesses to the agreement were Henry John Richardson and Randolph John Want. (Source: NSW Land Registry Services)

A 'lease and release' agreement was 'a popular and widespread way to record simple sales of property from the seventeenth century until 1845'. The 'lease' and the 'release' are meant to be two separate documents that often became separated. By 1841 in the UK, it became possible to convey land by release only. Releases were abolished in 1845 and replaced by a simple 'grant' or 'conveyance'. (Source Lease and Release, University of Nottingham, retrieved 10 September 2023).

The lease and release instrument contained the following 'Description of the lands or property conveyed', in present day Surry Hills just south of the present City of Sydney:

All that piece or parcel of land situate on the Surry Hills in the District of Sydney aforesead containing by admeasurement two roods and twenty nine perches more or less bounded on the West by a Road leading to the South Head Road [possibly now Fitzroy Street that leads to Moore Park Road] one chain thirty links on the North by the land next thereinafter described three chains forty four links on the East by a line dividing the same from the Land of Thomas Waters two chains twenty one links and on the South by a line to the commencing corner And also all that piece of parcel of land or ground containing by admeasurement one rood and fifteen perches more or less situate on the Surry Hills aforessaid bounded on the West by a line of New Road leading from the South Head Road one chain on the North by an Easterly line three chains forty four links on the East by a Southery line of one chain and on the South by the land above described three chains forty four links to the line of road before mentioned And also all that parcel of Land containing by admeasurement thirty perches more or less situate lying and being on the Surry Hills aforesaid bounded on the North east by part of Riley's Estate eighty feet more or less on the East South East by a parcel of land belonging to Thomas Bodenham [a Sydney-based land auctioneer until 1834] eight six feet more or less on the South South West by eighty feet of a newly formed Public Street or High way and on the West North West by land of ... Flood one hundred and seventeen feet'.

In the section 'Consideration and how paid', the document states 'An annuity of three hundred pounds per annum being secured by the said Peter Haydon to the said Elizabeth Haydon and of ten shillings to the said William Bland and William Henry Warland in hand paid'.

So far no further reference has been found regarding this property or Warland's connection with it.

1838 - William Warland's father dies

Warland's father William died on 12 June 1838. William Henry Warland may have returned to the UK to manage his father's estate. His younger brothers George and James left England for Australia in July 1838. Brother Edward Warland left in December 1838 - could he have accompanied his older brother on his return journey?

May 1839 - Warland confirmed to have been granted land

The Government Gazette of 25 May 1839 carried a notice from the Colonial Secretary's Office dated 25 May 1839 under the subject 'Grants of Land' (pages 627 - 634). The notice begins with the following words: 'The following Descriptions of GRANTS OF LAND, with the names of the persons to whom they were originally promised, or by whom they are now claimed, are published for general information, in order that all parties concerned may have an opportunity of correcting any errors or omissions that may have been made inadvertently.'

Pages 628/629 state: '328. William Henry Warland, 960, Nine hundred and sixty acres, parish unnamed, at Page's River, near Mount Wingen, commencing at the south east corner; bounded on the east by a line north 136 chains, commencing at Page's River; on the north by a line west 80 chains; on the west by a line south 101 chains to Page's River; and on the south by that river to the south east corner aforesaid. Authorised by Sir Ralph Darling on the 3rd June 1829 and possession given on 16th June 1830, as a primary grant. Quit-rent, 3 sterling per annum, commencing 1st January 1838.'

Note that item before the above refers to 560 acres taken up by John Bingle, while the item following refers to 640 acres granted to John Onge.

The Government Gazette of 29 January 1840 carried a notice on page 87 of 'Grant of Land - Deeds' dated 18 October 1839. The notice reads: '41. William Henry Warland, 960 acres, Brisbane, promised to the Grantee.

June 1839 - John Onge's 640 acres of land

The New South Wales Government Gazette of 25 May 1839, also published in The Sydney Gazette and New South Wales Advertiser of 4 June 1839, published a notice under the title of 'Grants of Land', noting descriptions of grants of land 'with the names of the persons to whom they were originally promised, or by whom they are now claimed' ... 'in order that all parties concerned may have an opportunity of correcting any errors or omissions that may have been made inadvertently'. The notice stated that individuals had three months to confirm this information (and their personal details and grounds of the claim witnessed by a Magistrate or a Solicitor of the Supreme Court). If the required information was 'duly furnished and satisfactory, and if no caveat be lodged or other cause of uncertainty appear, the deeds will be prepared accordingly as soon as possible after the expiration of the stated period of three months'. After this date, 'the case will be referred to the Commissioners of Claims'. (The items below are extracts from a very lengthy list):

Warland must have seen this notice as an opportunity to acquire the 640 acres granted to John Onge especially if he knew or felt that Onge would not respond to the request for whatever reason. It would take another two years for the claims process to be completed - see below.

The relevant items in the Gazette were as follows:

1839 to 1841 - Murrurundi becomes a village

According to the Journal of the RHS:

In July 1839, the Colonial Secretary informed the Surveyor-General that the Governor requested that 'measures for the laying out of a village at Murrurundi' should be taken. Referring to the locality in the issue of May 25, 1841, the Australasian Chronicle wrote : — 'This is now becoming a very popular district, as there are several very fine buildings in a state of forwardness. The Township of Murrurundi is considered by every person acquainted with its situation likely to be a very flourishing place. It does a great credit to the judgment of the Assistant Surveyor General, Captain Perry, as a more eligible site could not be selected'.

In May, 1841, the Rev. Father Lynch, Roman Catholic chaplain of Maitland, visited Murrurundi and laid the foundation stone of St Joseph's chapel on land given by Mr Thomas Haydon.

March 1841 - Warland borrows money

William Henry Warland appears to have borrowed £510 from John Brown of George Street, Sydney before March 1841. According to an indenture dated 22 March 1841 (Book 6 No 610), Warland borrowed a further £400 - a total of £910 owing. Interestingly, the indenture refers to Susannah Warland as the wife of William Henry Warland; it is not known if they were actually married at that point or if Warland wanted to ensure that the indenture would bar and extinguish 'all or any claim or right to dower which she now hath of hereafter might have in to or out of the said lands and hereditaments'; the indenture also noted that 'she the said Susannah Warland hath remised released relinquished and forever quitted claim and by these presents doth remise release relinquish and forever quit claim all her Estate might title interest of claim to dower ... unto the said John Brown'.

The indenture refers to the following land holdings:

It is interesting to see that Warland was confident of the outcome of the Land Court's review to include Onge's 640 acres. The above mortgage was re-paid on 5 March 1856.

April 1841 - Further details on John Onge's 640 acres

The New South Wales Government Gazette of 9 April 1841 carried a notice on page 499, under the title Court of Claims, stating that 'notice is hereby given that the following claims for Deeds of Grant of Lands and Town Allotments will be ready for examination by the Commissioners appointed for the purpose (under the Act etc) at the expiration of two months from this date, before which any Caveat or Counter Claim must be entered at this Office.' The first item on the list related to John Onge's 640 acres:

Case No. 925. John Onge, of Mount Wingen, representatives or assigns of. Six hundred and forty acres, County of Brisbane, parish unnamed, at Page's River, near Mount Wingen; commencing at the south-east corner, and bounded on the east by a tine north 170 chains, commencing on Page's River ; on the north by a line west 40 chains ; on the west by a linel south 119 chains south, to Page's River ; and on the south by that river to the south-east corner aforesaid. This land was located on an order of Governor Darling, dated 18th August, 1830, in favour of John Onge, who has left the Colony. His representatives or assigns are to shew to whom a deed of grant should issue. The description was inserted in the Gazette notice of 25th May, 1839, page 629, in the name of the promisee.

One must assume that neither John Onge nor his sister were aware of this or were in a position to respond for whatever reason.

May 1841 - Warland acquires the 640 acres of land

The Sydney Herald of 7 June 1841 carried an article titled 'Court of Claims' in which it noted that the several claims to Grants of Lands and Town Allotments were investigated by the Commissioners on 31 May 1841 and determined in favour of the respective parties named:

Case No. 925. Claimed by representatives, or assigns, of John Onge, 640 acres, on Page's River, near Mount Wingen, was decided in favour of William Henry Warland'.

It would seem that Onge's inability to respond or perhaps his departure or absence from New South Wales at the time may have had a bearing on this outcome.

The Government Gazette of 21 September 1841 carried a notice under the title 'Title Deeds' which confirmed the transfer of deeds in a three-page table (Pages 1279 - 1281). The last page of the notice (1281) notes that Deed 64, Case 925, was decided on 19 June 1841 in favour of the Grantee William Henry Warland from the Original Donee John Onge, 640 acres in Brisbane County in the Parish or District of Page's River. The 'Date of Promise' was 18 August 1830, with an annual quit-rent of £5/6/8.

William Henry Warland had acquired these additional 640 acres of land, previously posesseed by John Onge, by July 1841. The 1844 indenture (see below) describes this land as follows:

And also all that piece or parcel of land ... containing by admeasurement six hundred and forty acres commencing at the south east corner and bounded on the east by a line, north one hundred and seventy chains commencing on Page's River, on the north by a line west forty chains, on the west by a line South one hundred and nineteen chains to Page's River, and on the south by that river to the South East corner aforesaid.

By November 1841 - Warland returns to the UK

From 1837 to 1841, the colony had drifted from relative prosperity into a severe depression.

The 1841 census shows that, apart from his nephew and niece (and her husband), Warland also had three other senior employees, nine shepherds, and seven domestics. He was then running around 8,000 sheep.

From the evidence it appears that Warland returned to the UK, perhaps leaving around July/August 1841. While in England he married Susannah Clark (1806 - 1888) in 1841 in Farnham, Surrey and arranged to obtain a mortgage for his original 960 acres for £1,200 from his third cousin, the businessman Henry Warland, a silk manufacturer based in Macclesfield. See below for a document dated 1844 referring to this mortgage. The mortgage, dated 14 November 1841, was eventually re-paid on 13 August 1857 (See below).

William and Susannah Warland left England on board the Royal George which departed England on 28 October 1841. Possibly on this trip (although the ages don't seem correct; needs further research), were Warland's nephew William Warland (Abt 1822 - 1893) and his niece Emma Ann Warland (born 1827), and the latter’s husband Mr Alfred Hayle. Emma Ann and William were the children of William's brother John Warland (1798 - 1865), the only brother to remain in the UK (the rest were already in South Australia).

The group arrived in New South Wales on 3 March 1842.

Perhaps thanks to his cousin's funds, Warland was able to weather the economic storms of the 1840’s and, by the 1850’s, was still consolidating his land holdings.

(As a sidenote, the businessman Henry Warland (1797 - 1881) had four sons and a daughter Anne/Annie (1831 - 1891). Their eldest son, also Henry Warland (1830 - 1876), followed in his father's business and married Elizabeth Dodson. The silk business was in depression and Henry Warland (junior) moved with his family to Bourton-On-The-Water. Henry and Elizabeth Warland had four sons, one of which died as an infant. Unfortunately, Elizabeth died in 1871 likely as a result of a terminated pregnancy and then Henry died in 1876 leaving their three sons orphans who went to live with their grandfather Henry - the same man who lent the money to William Henry Warland and Henry's daughter Annie who was caring for her father. Henry's brother Edward Warland (1835 - 1913) migrated to NSW in 1853 and lived in the Armidale area. Henry's youngest brother Philip Christopher Warland migrated to Melbourne in 1867. In 1884, Philip Christopher Warland brought the youngest of his orphaned nephews, Albert John Warland (1869 - 1936) to Melbourne, Australia. Another brother, William Edward Warland (1865 - 1955) also migrated to Melbourne, Australia in the late 1880s but returned a few years later (but HIS son Herbert Warland [the grandfather of the owner of this website, Andrew Warland] migrated in 1913). It is not known if the family in Melbourne Australia was aware of the financial connection between William Henry Warland and his third cousin Henry Warland.)

Early 1842 - Events at Murrurundi

According to the Journal of the RHS:

Early in 1842 Henry Dangar began the erection of an inn, and several stores and dwellings were also built. Bishop Broughton visited Murrurundi in 1842 and preached in the court house. This was the first occasion when an Anglican service had been held in the town; the site for a church to be erected as soon as funds would permit was also decided upon.

1843 - Court of Petty Sessions established at Murrurundi

According to the Journal of the RHS:

It was reported early in 1843 that the Court of Petty Sessions previously held at Scone was to be removed to Murrurundi. Murrurundi has, owing to its remote position, become the resort of a gang of cattle stealers and other loose characters.

March 1844 - Warland mortgages land to John Brown

On 22 March 1844, Warland entered into an indenture with John Brown of George Street in Sydney to borrow an additional £400 on top of the £510 already borrowed from him. The handwritten indenture, reference 6-610, provides a useful summary of Warland's land acquisition over the years - 3,684 acres in total by March 1844.

The above mortgage was re-paid on 5 March 1856 (details TBA).

May 1844 - Warland's loan from his cousin in England

On 24 May 1844, Warland signed a document, referring to a loan from his third cousin Henry Warland (1797 - 1881), a silk manufacturer based in Macclesfield, England. The letter, reference 6-812, states as follows:

Know all men by these presents that I, William Henry Warland at present residing in Norfolk Street in the Parish of Saint Clement Dane in the County of Middlesex, Merchant but shortly about to proceed to New South Wales am held and firmly bound to Henry Warland of Macclesfield in the County of Chester Silk Manufacturer in the (final?) sum of one thousand two hundred pounds of good and lawful money of Great Britain to be paid to the said Henry Warland or his certain attorney executors administrators or assigns for which payment to be (well?) and faithfully made. I bind myself my heirs executors and administrators firmly by these presents sealed with my seal dated this nineteenth day of October in the fifth year of the reign of Our Sovereign Lady Victoria by the Grace of God of the United Kingdom of Great Britain and Ireland, Queen by the Grace of God Defender of the Faith and in the year of our Lord one thousand eight hundred and forty one [1841].

The condition of this obligation is such that if the above (bounder?) William Henry Warland his heirs executors or administrators shall and do well and truly pay or cause to be paid unto the above named Henry Warland his executors administrators or assigns the full sum of six hundred pounds of lawful money of Great Britain with lawful interest for the same after the rate of five pounds per centium per annum or the nineteenth day or April one thousand eight hundred and forty two [1842] then this obligation to be void or else to be and remain in full force and virtue and by way of further security the said William Henry Warland doth hereby charge his lands and hereditaments in Brisbane County in New South Wales with this payment of the said principal sum and interest and doth hereby declare that the said Henry Warland his executors administrators and assigns shall be considered as an equitable mortgage therefore and doth hereby engage that upon demand by the said Henry Warland his executors administrators or assigns they will execute to him or them a legal mortgage of the said lands and hereditaments with all usual powers of sale (etc?) and make do and perfect all such acts and deeds matters and things as the said Henry Warland his executors administrators or assigns may required for the purpose aforesaid.

Signed sealed and delivered by the above (bounder?) William Henry Warland in the presence of J Norton, 24 May 1844, Sydney, in the Colony of New South Wales.

James Norton the Younger of Sydney in the Coloney of New South Wales gentleman and James Norton the Elder of the same place gentleman severally make oath and say and (first?) this Deponent the said James Norton original deed the same having been carefully examined by this Deponent and this Deponent the said James Norton the elder for himself saith that the signature of 'WH Warland' is of the proper hand writing of the said William Henry Warland above named. Sworn at Sydney aforesaid this twenty ninth day of May AD1844 (Signed J Norton), before me William Cartenr, Registrar General

This loan was repaid by William Henry Warland in August 1857 - see below for details.

May 1845 - Warland vs Brodie

The Australian on 22 May 1845 published the outcome of a case in the Supreme Court involving Sittings in Equity.

Warland vs. Brodie.— His Honor delivered judgment in this matter, which was a general demurrer for want of equity, to a bill filed by the plaintiff, William Henry Warland, praying that the defendant, Peter Brodie, may be decreed to execute a deed of mortgage for securing to tho plaintiff a debt due to him for money lent to the defendant and his partner, Peter Haydon, since dead. The money was lent in 1836, and a memorandum of agreement was entered into, in 1840, between the defendant and one Phillip William Flower, on the part of the plaintiff, who was at that time in England, wherein the defendant, acknowledging the debt, agrees to execute a deed of mortgage on an estate called Glenalvon, at Page's River, to secure the payment of the said debt of £2000, and interest. His Honor, after reviewing all the circumstances of the case, was of opinion that the objection taken by the demurrer was good, as no consideration had been shown for the defendant's undertaking, and that the bill must be dismissed with costs.

The Sydney Morning Herald of 21 May 1845 published an article under the general title 'Law Intelligence' referring to an 'Equity Jurisdiction' case before the Supreme Court between William Henry Warland and Brodie. This version contained considerably more detail including the text of the actual memorandum.

"Memorandum this eighteenth day of January, 1840, between Mr. Peter Brodie, and Philip William Flower, Esquire, as follows: Whereas, the said Peter Brodie and Peter Haydon, are indebted to the said Philip William Flower, as the agent of William Henry Warland, Esq., in the sum of two thousand pounds sterling, for money lent and advanced by the said W. H. Warland to them in the year 1830, and also for the current interest thereon ; and whereas the said Peter Brodie is seized of an estate called Glenalvon, situated at Page's River, containing 2030 acres, and which is mortgaged to Mr. John Malcolm for four hundred and fifty pounds, and interest; and whereas the said Peter Haydon has proposed to the said Peter Brodie to discharge the said debt and interest so due to the said W. H. Warland out of the proceeds of his real and personal estate, but inasmuch as doubts are entertained by the said Philip W. Flower of the sufficiency of the said P. Haydon's estate for that purpose, he, the said Peter Brodie, doth hereby promise and agree, and bind and oblige himself, whenever he shall be called upon or required so to do by the said Philip William Flower, to execute, complete, and perfect, to the said William Henry Warland, his heirs, executors, and administrators, or to the said P. W. Flower, in trust for him and them, a good and effectual mortgage of the said estate, for the purpose of securing to him and them the said debt of £2000 and interest, as aforesaid; or of such part or parts thereof as at the time of the execution of such mortgage shall be found to be due, and owing to the said William H Warland, as aforesaid, to be paid together with interest on such sum, at such time as the said W. H. Warland or the said P. W. Flower shall appoint; and the said P. W. Flower hereby agrees to use all lawful means in his power, for obtaining out of the estate of the said Peter Haydon, the said debt and interest. As witness the hands of the said "parties." This memorandum is signed by the defendant alone.

1845 - Warland creates the village of Blandford

In 1845, Warland decided to starting selling blocks of land on the southwestern section of his land holdings along the Pages River to create the private township of Blandford. The proposed township was almost certainly named after the town where he went to school in Dorset. Thee lands were eagerly sought, and by 1857, the majority of the farms and village allotments had been sold at very good prices, most of the farm lands bringing in £10 per acre. See below for details of each sale.

September 1845 - Warland becomes a magistrate

The Government Gazette of 9 September 1845 recorded on page 967 that the Governor had appointed William Henry Warland a 'Magistrate of the Territories and its Dependencies'. This appointment was also recorded in The Sydney Morning Herald of 10 September 1845 and The Maitland Mercury and Hunter River General Advertiser on 13 September 1845. He was not sworn in the following year, as noted in The Sydney Morning Herald of 5 September 1846, recording the fact that Warland was sworn in as a magistrate by the Chief Justice the day before.

1846 - Murrurundi population

According to the Journal of the RHS: Murrurundi had a population of 52 in 1846, and there were eleven houses in the town. Haydonton, a private town adjoining Murrurundi, had twenty-two houses. (Source TBA)

February 1846 - Warland takes out another mortgage for all four major landholdings

As noted above, Warland had borrowed £910 from John Brown on 22 March 1844 with all four properties as collateral. It was also noted above that this loan was not repaid until 1856. The following describes new borrowings against the same properties; it is not clear if he used one to pay the other or if he had two mortgages on the same lands. Note that this mortgage appears to have been re-paid by borrowing the same amount in 1849.

On 21 February 1846, William Henry Warland took out third mortgage via an indenture with the Commercial Banking Company of Sydney Ltd, to secure £1,500. The Indenture, reference 10-480, states the following.

This Indenture made the twenty seventh year of Our Lord one thousand eight hundred and forty six between William Henry Warland of Pages River in the County of Brisbane in the Colony of New South Wales Grazier of the one part and Lesslie Duguid of the City of Sydney in the Colony aforesaid Esquire Manager Director of the Commercial Banking Company of Sydney of the other part witnesseth that in consideration of the sum of one thousand five hundred pounds paid on the execution hereof by the said Lesslie Duguid out of the funds of the said Banking company to the said William Henry Warland (who hereby acknowledges the recepit thereof), he the said William Henry Warland doth appooint grant bargain sell and release unto the said Lesslie Duguid and his heirs all and singular the hereditaments comprised in the documents particularized in the Schedule hereunder written together with the appurtenances thereunto belong and all the estate right title and interest of the said William Henry Warland therein and thereto to have and to hold the hereditaments hereby assured with their appurtenances unto and to the use of the said Lesslie Duguid his heirs and assigns provided always that the said hereditaments shall be liable in equity to be reconveyed upon repayment of the said sum of one thousand five hundred pounds with interest thereon after the rate of six pounds per centium per annum at the expiration of six calendar months from the day of the date hereof, and the said William Henry Warland for himself his heirs and executors and administrators hereby covenant with the said Lesslie Duguid that he the said William Henry Warland his heirs executors or administrators will pay unto the said Lesslie Duguid the sum of one thousand five hundred pounds with interest thereon after the rate of six pounds per centum per annum at the expiration of six calendar months from the day of the date hereof and that if he shall fail so to do then he the said William Henry Warland or his heirs will on request execute unto the Managing Director for the time being of the said Banking Company a Mortgage (word unclear) of the said hereditaments to secure the payment on demand of the said sum of one thoussand five hundred pounds and the interest therefore which shall contain a full power of sale and all usual and proper clauses. In witness whereof the said parties to these presents have hereunto set their uands and seals the day and year first above written. WH Warland. Signed Sealed and Delivered by the said William Henry Warland in the presence of William Carr - Resigned resealed and redelivered by the said William Henry Warland on the seventh day of March in the year of Our Lord one thousand eight hundred and forty four in the presence of Ed Sandford Cleark to Messrs Carr, Rogers and Owen, Solicitors Sydney. The schedule to which the above written indenture refers

The schedule referred to is written as a table with four columns and four rows, created as four dot points below:

The above loan appears to have been re-paid when Warland borrowed a like sum from Donald McIntyre on 7 August 1849 - see below. The last sum was re-paid on 13 August 1853. (Source TBA)

1847 - Warland a local magistrate

According to the 1847 Legislative Assembly report on Police (Select Committee on Police, pp 39 – 40), Warland was the local resident Magistrate (and the only one), but had not been able to attend court for three months because of an unspecified illness. According to the report, Warland resided five miles from the Court House.

1847 - Description of Murrurundi

The following is from the Journal of the RHS (Source TBA):

J. P. Townsend, who visited New South Wales in 1847, described Murrurundi: — 'As Murrurundi affords a fair specimen of an inland town I will endeavour to sketch it. We have two inns, both well built. There is a slab built Roman Catholic Chapel, with broken windows and otherwise much out of repair, and behind it an open graveyard. .... There are two or three brick cottages, and a tolerable sprinkling of bark huts, and at a little distance in the bush is the court house. Here divine service is performed once a month by a clergyman of the Church of England, who travels twenty five miles for the purpose, and the magistrate's clerk gives the responses. A Roman Catholic priest comes from Maitland four times a year to shrive his flock at the slab built chapel. He also catches every stray drunkard of whatever denomination he can lay his hands on and insists on his becoming a tee-totaller. There is a large store, where everything that can possibly be required in the bush is to be bought. In one of the bush huts you would find a good-natured, intelligent and comfortable looking medical man, who came out in charge of emigrants, and who has not exactly made up his mind when he shall return. .... The river Page runs, or rather lingers in the rear of the town. The people seem harppy and contented, and as all of them have cattle running on the waste land, they are at no loss for meat.

1848 - Warland assaulted in Murrurundi

According to The Maitland Mercury and Hunter River General Advertiser of 12 April 1848 (and also the website 'Free Settler or Felon'), in April of 1848, four men were tried in Maitland for the assault of a Constable at Murrurundi in the previous February. A violent encounter occurred when a half drunken William Wilsdon 'grossly abused' Magistrate William Henry Warland as he rode through the town. According to the Maitland Mercury article:

Mr. Warland gave Wilsdon in charge to constable McDonald, and afterwards called on constable Doyle, and chief constable Berkeley, to assist. Wilsdon resisted and a crowd gathered, obstructing the constables in taking him to the lockup, although, as Berkeley deposed, more by words and gestures than by deeds. The three defendants, Cole, Whelan, and Ross, were in the crowd, but Berkeley deposed that the only blow he received was from a man named Wood; Wilsdon also kicked him while he was down and struggling to escape. Mr. Warland deposed that all four defendants were kicking at the constables, but he only saw Wilsdon attempt to kick Berkeley. Barnum, a trooper of the Mounted Police, who also assisted the constables, deposed that the defendants were all active in kicking and striking the constables, and particularly Mr. Berkeley, who was terribly bruised and hurt. Berkeley being called on, deposed that Barnum was not sober at the time. The jury returned a verdict of not guilty, and the defendants were discharged. The Court was then adjourned till ten o'clock this morning.

The web link 'Free Settler or Felon' noted that 'Despite this the men accused were found not guilty as Constable Berkely, remaining loyal to the townsfolk and reluctant to betray them, had stated that the only blows received were from a man named Wood, not one of the defendants. One of the magistrates hearing this case was Edward Denny Day. He could be forgiven for thinking that the rough little town had improved little since the days of the bushranging Jew Boy Gang.

1848 - Murrurundi village

The Wells Gazetteer of 1848 noted that Murrurundi was listed as having 52 inhabitants and 11 houses.

August 1849 - Warland borrows money - again

As noted above, Warland borrowed £1,500 from the Commercial Bank on 21 February 1846, noting all four main landholdings as collateral for the loan. On 7 August 1849, Warland borrowed a further £1,000 from Donald McIntyre of Hunters River using the same four properties as security, but also noting the following two points:

This loan was repaid in August 1853 as noted in a Release (Book 30 No 671) between Warland and Donald McIntyre, which refers to 'the Original Articles of Agreement bearing date the seventh day of August one thousand eight hundred and forty nine made between William Henry Warland and Donald McIntyre and numbered 82 eighty two Book 17 seventeen in the Office for the Registration of Deeds'.

1849 to 1851 - Developments at Murrurundi

According to the Journal of the RHS:

In November, 1849, a meeting was held in connexion with a proposal to erect a Presbyterian church on land given by T. Haydon.

A press item in June, 1850, stated that a brewery was to be erected. A National schoolhouse was built in 1851.

It was stated in April, 1851, that the Presbyterians were occupying a 'neat little house as a temporary place of worship', and that a committee had been formed to obtain land on which to erect a church. A Presbyterian church was opened in 1856.

October 1851 - Warland appointed a Commissioner of the Peace

The New South Wales Government Gazette of 25 October 1851 (pages 1721 to 1726) records that William Henry Warland (and quite a few others, 5 pages in total of names) was appointed a Commissioner of the Peace by the Governor Sir Charles Fitz Roy. This news was carried in several newspapers around the same time, including The Maitland Mercury and Hunter River General Advertiser of 20 October 1851.

October/November 1851 - Warland acquires 640 acres of land

The New South Wales Government Gazette of 13 February 1852 (page 290) listed the result of sales of Crown Lands for the six months from 1 July 1851, advertised on 6 October 1851 and auctioned on 13 November 1851. William Henry Warland is recorded as acquiring (or having acquired) 640 acres of land with a rent of £0-5-0. (Given other information it would appear that this is a reference to his ownership of the land from John Ouge)

March 1853 - NSW Gazette erroneously notes Warland's property size

A notice dated 14 March 1853 under the title 'Crown Lands within the Settled Districts' (Leases by Auction) published in the New South Wales Government Gazette of 18 March 1853 stated that 'leases of the herunder described portions of land which have not been renewed or otherwise disposed of under the Regulations of the 29th March 1848 will be put up to auciton [sic] ... on 29th day of April next. The notice stated the following on page 536:

COUNTY OF BRISBANE (At the Police Office, Murrurundi). 1. 640, six hundred and forty acres, parish unnamed, near the Liverpool Range; bounded on the south by the fourth section line north of W.H. Warland's 960 acres; on the east and west by the northerly continuation of the east and west boundaries of that land; and on the north by a section line (51-286).

The description of this parcel of land actually refers to the 856 acres of land granted to William Henry Warland purchased by him as Lot 31 in pursuance of advertisements on 8th September 1835, as noted in the 20 January 1861 indenture for the sale of that land after his death - see below.

August 1853 - Warland again noted to own 640 acres of land

Confusingly, a further report of the result of Sales of leases of Crown Lands for twelve months from 1 January 1853 held by auction on 20 April last, under the Government notice of 14 March 1853 published in New South Wales Government Gazette of 12 August 1853 (page 1385) stated that Warland had acquired 640 acres of land with rent set at £0-1-0 per acre in the County of Brisbane. It is not clear if this report is indicating that the rent on the 640 acres was reduced, as it is understood that Warland did not acquire a further 640 acres.

September/October 1853 - Warland purchases two new lots

The New South Wales Government Gazette published an official Proclamation on 9 September 1853, for the sale of lots of land in various locations including Murulla along the Page's River.

IN pursuance of the authority in me vested by a certain Act of the Imperial Parliament of Great Britain and Ireland, passed in the 5th and 6th year of Her Majesty's Reign, intituled, "An Act for regulating the sale of Waste Land belonging to the Crown in the Australian Colonies" and in accordance with the Regulations of 8th March, 1853, respecting the establishment of Local Land Offices, I do hereby notify and proclaim, that at Eleven o'clock of Tuesday, the 11th day of October, next, the following Town, Suburban, and Country Lots of land will be offered for sale, by public auction, at the several places hereunder mentioned, and at the upset price affixed to each lot respectively, on the terms and conditions and under the provisions of the above recited Act. (Deposit 10 per cent.)

The two properties acquired by Warland are marked in red.

Warland purchased two parcels of land in this sale, which would both be sold, separately, in 1856 and 1857, see below:

October 1853 - Confirmation of land purchases?

The Government Gazette of 24 March 1854 (page 642) listed the result of sales of Crown lands sold at auction on 11 October 1853. The notice confirms that Warland acquired 38 acres at £1 per acre, and another 32 acres at 1/2 per acre. [Detailed to be confirmed]

December 1853 - Chinese shepherds on Warland's property

According to an article in the Empire (Sydney) of 29 December 1853, William Henry Warland engaged five Chinese shepherds at one of his stations. According to the article, Warland gave one of them authority over the rest. The article states: 'This overseer treated his fellow-countrymen with great severity, frequently beating them without reason. A conspiracy to revenge these injuries was formed among them; and yesterday morning the unhappy overseer was found almost in a dying state covered with wounds. His skull fractured with a hammer, his ribs broken, a deep penknife wound behind the ear, and slashes across his face, bear witness that he had a very narrow escape from death'.

The article goes on to state that 'Surely it is time that we were convinced by the very frequent recurrence of such scenes, and even worse, of the folly and injustice of introducing these unhappy foreigners to situations where they cannot make known their grievances or escape from galling incitements to crime'.

January 1854 - Warland sells land to Daniel and John Mullins

Warland sold parcels of land to Daniel Mullins and John Mullins on 3 January 1854 via two separate indentures.

May/October 1854 - Warland acquires 38 acres

The Government Gazette of 17 October 1854 records that William Henry Warland acquired 38 acres via a deed dated 11 May 1854. 'The deeds specified have been transmitted from the Colonial Secretary's Office to the Supreme Court for enrolment ... to be forwarded to the Colonial Treasurer by whom they will be delivered to the Grantees on application'.

November 1854 - Warland sells separate parcels of land to William Britton and Thomas Greer

Warland sold a parcel of 30 acres to William Britton for £196-10-0 via an indenture/conveyance on 7 November 1854. This lot was bounded by Dr Thompson's grant on the north.

Warland sold another parcel of 31 acres via an indenture/release (Book 37, No 702) to Thomas Greer for £435 on 14 November 1854. This particular indenture is extremely hard to read as the ink has faded over time. The most that can be made out is that the land was bounded by the Pages River and allotment number 8.

November/December 1854 - Warland acquires 38 acres

The Government Gazette of 1 December 1854 records that William Henry Warland was granted 38 acres by the Registrar of Deeds. This is assumed to be the same 38 acres listed in the previous points.

October 1854 - Warland's niece's husband Alfred Hayles - Postmaster, Hanging Rock

The Maitland Mercury and Hunter River General Advertiser of 7 October 1854 included a notice by John Cross 'care of Mr A. W. Hayles, Postmaster, Hanging Rock' (believed to be not far from Blandford).

January 1855 - Warland sells separate parcels of land to Thomas Greer and William Teys

In two separate indentures dated 31 January 1855, Warland sold parcels of land to Thomas Greer and William Teys. Curiously, although they are both dated the same, the indentures were recorded in different books, have completely different writing and were witnessed by different people.

The indenture/release with Thomas Greer, a farmer, is recorded in Book 45, number 556, and was for two adjacent lots 70 (2 roods) and 71 (2 roods) bounded on the west side by Salisbury Street and on the east by lots 61 and 60 that would be sold (along with a number of other lots) to Milner in 1858. The price paid for these two lots was £19-16-0.

The indenture/release with William Teys, a farmer, is recorded in Book 52, number 417, and was for lots 33, 34, and 35. The price paid was £61-8-6. The size of these lots was not stated in the indenture. The boundaries of lot 33 are not yet clear as they appear to be similar to the land acquired by Luke Lamb in 1858 - see below, details to be confirmed. Lot 33 is described as follows:

All that part or parcel of land being Lot No 33 of the said Estate situated in the town of Blandford Parish unnamed County of Brisbane commencing at the River Page at the south west corner of allotment No 32 and bounded on the east by the west boundary of that allotment being a line bearing north thirty three degrees thirty minutes west nine chains ten links to Mill Street, on the north by three chains fifty links on the south side of Mill Street bearing west thirty three degrees thirty minutes south to Salisbury Street, on the west by twelve chains of the east side of Salisbury Street bearing south thirty three degree thirty minutes east to the River Page, and on the south by the River Page in a north easterly direction to the south west corner of allotment No 32 aforesaid

February 1855 - Warland acquires more land

According to the indenture for the sale of his lands after his death, Warland acquired additional blocks of land adjacent to Scott's Creek in February 1855 (proclamation dated 27 February 1855): 49 acres, 55 acres, 41 acres, 42 acres, 42 acres, 42 acres, 39 acres, 43 acres. The acquisition of these lands provided Warland with extended access to Scott's Creek.

September 1855 - Warland sells land to John Ross

According to an indenture dated 23 September 1855, Warland sold two parcels of land to John Ross for the sum of £134-13-0. The two parcels were 30 acres and 33 acres. The exact location of these two blocks is yet to be confirmed but it appears to be a similar location to the 30 acres acquired by Britton in 1854. The 30-acres block is described as follows:

All that part or parcel of land situate in the District of Murrurundi in the County of Brisbane in the said Colony of New South Eales being a portion of land in the said Grant described and containing thirty acres more or less and bounded as follows that is to say commencing at a stake at the south extreme of the east boundary line of allotment number eleven, on the north side by the High Western Road and bounded on the west by that boundary line bearing north thirty chains, on the north by an east line of ten chains dividing it from William Henry Warland's land, on the east by the west boundary line of allotment number thirteen bearing south thirty chains to the north side of the High Northern Western Road, and on the south by ten chains of that side of the road the road one chain wide dividing it from allotment number four bearing west to the stake at the south extreme of the east boundary line of allotment number eleven as set forth on the plan of the said estate

The location of the 33-acre block is unclear as the indenture contains very small writing, and is also yet to be determined. The location appears to be as follows:

Also all that piece or parcel of land containing thirty three acres more or less bounded on the north by government land, on the east by land of (James Grant Mackey?), on the south by (Ropey and farmer .. Eliase?), and on the west by land of James Jameliaw?)

September 1855 - Alfred Hayles is given property by Warland

In 1859, Alfred Hayles published a noticed with the following text, indicating he was given land by Warland in 1855.

True Copy. Harben Vale Sept. 17, 1855. This is to certify that I have this day given to William Warland and Alfred William Hayles, as a free gift forever, for the purpose of erecting a Steam Flour Mill on the same, all that piece of land, being a suburban allotment, situation in the township of Blandford, near Harben Valle, No. 31, containing by admeasurement 2 acres, 2 roods 18 perches, bounded on the north by Debenham-street, and on the west by Mill-street. (Signed) W.H. Warland. Witness - W. Warland, A.W. Hayles.

October 1855 - Warland sells land to George Evans

According to an indenture/conveyance dated 24 October 1855, Warland sold lot number 72 containing two roods to George Evans for the sum of £9-10-0.

October 1855 - Warland offers to sell land and sheep

The Maitland Mercury and Hunter River General Advertiser of 24 October 1855 carried the following notice. Note the reference to White, the Surveyor - see below for further information:

FOR SALE, by Private Contract, Two Thousand Four Hundred and Forty-five Acres of LAND, with or without Four Thousand SHEEP, as may be agreed upon. The land is situated upon Page's River, within a few miles of the rising town of Murrurundi - it has considerable frontage to the River - possesses some of the richest alluvial soil of the district - a district famed for its successful agriculture. The back land is of the first order for grazing purposes, well watered by two creeks passing through it, and commands an extensive run, suited either for cattle or sheep. Application to be made to W. H. Warland, Esq., Harben Vale, Murrurundi; or at the office of Mr. G. B. White, Surveyor, Maitland. If this property is not disposed of before the 1st of December next, the land will be sub-divided into lots for sale, particulars of which will appear in a future advertisement.

November 1855 - Warland sells land to John Small

According to an indenture/conveyance dated 9 November 1855, Warland sold lots number 42 (two roods) and 64 (two roods) to John Small for the sum of £19.

December 1855 - Warland sells land to James Hussey

According to an indenture/release dated 29 December 1855, Warland sold five parcels of land to James Hussey for the sum of £57. These parcels were as follows:

The area showing the additional blocks acquired by Warland from 1855

December 1855/February 1856 - Warland selects land

The Government Gazette of 29 February 1856 carried a notice (pages 746 - 752) of the list of lands selected from 1 January to 31 December 1855. Warland is listed five times 24 September 1855 with the following acreages: 43.3 acres, 63 acres, 42 acres, 35 acres, 40 acres all directly adjoining his holdings of 1228 and 640 acres between Scotts and Splitter's Creek as can be seen in the above map.

January 1856 - Warland sells land to William Picton and Alexander McDougall

Warland sold separate parcels of land to William Picton and Alexander McDougall via separate indentures both dated 1 January 1856.

The indenture/conveyance for the sale of two separate parcels of land to William Picton, a farmer, for £445 (Book 52, Number 510). The two parcels were 22 acres, and 22 acres 2 roods. The exact location of these two parcels of land has not yet been confirmed (but it could potentially be lot 4). They are described as follows:

The indenture/conyeyance for the sale of a single parcel of land containing 29 acres was to Alexander McDougall, a farmer, for £290 (Book 52, Number 513). The exact location of this parcel has not yet been confirmed but is described as follows:

January 1856 - Warland and niece's husband Alfred Hayles building a Steam Flour Mill

The Maitland Mercury and Hunter River General Advertiser of 2 January 1856 carried the following advertisement:

To Builders and Others. Tenders are required (during the month of December) for the Erection of a RUBBLE STONE BUILDING for a Steam Flour Mill, at Blandford, Page's River, 36 x 24, inside measurement; also, for making 50,000 BRICKS. Plans and specifications to be seen on application to WARLAND & HAYLES, Harben Vale, Dec. 17, 1855.

The blocks of land sold to Alfred Hayles are shown in this map

January 1856 - Warland sells land to Alfred William Hayles and William Warland

According to an indenture dated 8 January 1856, William Henry Warland sold several parcels of land to his niece's husband Alfred William Hayles for £164. The parcels of land were allotment numbers 22, 24, 25 and 26 between Debenham Street and Warland's Creek and an additional 9 acres, as can be seen on the sketch map included in the indenture above. The name on block 23 is not clear.

Lots 27 to 30 were sold to his nephew William Warland (as shown in the plan). An indenture for this sale has not yet been located.

January 1856 - Anglican church opens at Murrurundi

Warland was said to have actively supported the establishment of an Anglican Church in the Blandford/Murrurundi area.

According to the Journal of the RHS:

An Anglican church was opened on January 27, 1856; it was a wooden building [location not known]. The Rev. Child, of Scone, performed service every lour weeks after a ride of twenty-five miles. The building was not quite complete. Mr Warland gave a piece of land to help the church. The population of Murrurundi in 1856 was 88, and the town had thirteen houses.

The piece of land 'given' to help the church may be connected with the sale of land via indenture by Warland to the Anglican Bishop of Newcastle in October 1856 - see below. It is not the parcel of land where the current St Luke's church is located, although that particular parcel was sold by Warland - but not to the church.

March 1856 - Warland and niece's husband seek a brickmaker

The Maitland Mercury and Hunter River General Advertiser of 29 March 1856 and again on 10 April 1856 carried the following advertisement:

Notice: Wanted immediately, a BRICKMAKER to make and burn 50,000 Bricks. Good brick earth and water on the ground. Apply to WARLAND and HAYLES, Blandford, via Murrurundi'

July 1856 - Warland warns trespassers

Perhaps connected with his new land holdings, Warland (via TS Hawkins) published the following notice in The Maitland Mercury and Hunter River General Advertiser on 24 (and 29) July 1856:

Caution. NOTICE IS HEREBY GIVEN, that all CATTLE, horses, &c. found TRESPASSING on any of the lands belonging to Mr. William Henry Warland, on and after the first day of August Next will be Impounded. It is therefore hoped that any person or persons having horses, cattle, &c., now running on any of the said lands will immediately remove the same, in order to save further trouble and expense. And Notice is hereby further given, that any person or persons found Cutting or Carrying Away Timber, Riding, Driving, or otherwise Trespassing on the said lands, will be dealt with acoording to law.

August 1856 - Warland and Hayles advertise the Steam Flour Mill for sale

The Maitland Mercury and Hunter River General Advertiser of 23 August 1856 carried the following notice. Note the reference to White, the Surveyor - see below for further information:

To Capitalists and Others. TO BE SOLD immediately, by private contract, the STONE BUILDING, now in the course of erection for a Steam Flour Mill, at Blandford, Page's River. The walls of the building and the bssement of the chimney will be completed in a few days. Also, a ten-horse power, high pressure, STEAM ENGINE, with smutting and dressing machines, and everything complete for a Steam Flour Mill, manufactured by P. N. Russell and Co., Sydney. The whole of the machinery and mill work have arrived. The building for the mill stands on 2 acres, 2 roods, and 18 perches of land, and is situated near the great northern road. There are also 25 acres of rich alluvial land, with river frontage, adjoining the mill, and which will be sold with it. The valley of the Page is a thriving and increasing agricultural district, and large tracts of land have been cleared and put into wheat this season. The purchase of this property is a desirable investment for capital, and will when in working order insure a fortune in a few years. The TP brand of splendid mixed CATTLE, about 120 head, will be sold a decided bargain. Apply to WM. WARLAND & HAYLES. Blandford, near Murrurundi.

August 1856 - Warland sells land to Thomas McDonald

On the same day as the steam flour mill was advertised, 23 August 1856, Warland sold three connected parcels of land, allotment numbers 8, 9 and 10 totalling 3 acres, via an indenture/release to Thomas McDonald for £20. These three blocks were bounded on (and accessed from) the north by Clarke Street, and on the south by the allotment acquired by Hussey in December 1855 noted above.

October 1856 - Indenture between Warland and the Bishop of Newcastle

William Henry Warland entered into an indenture with William Tyrell, Bishop of Newcastle, on 24 October 1856. The Indenture is viewable on the website of the NSW Land Registry Services, General Registers of Deeds (Old System Deeds), reference 86-828. Key parts of the indenture are noted below.

... Whereas the said William Henry Warland being seized in fee and well entitled to the piece or parcel of land hereinafter and intended to be hereby conveyed is desirous for the cause of the Religion of the United Church of England and Ireland to grant and convey the piece or parcel of land upon the trusts and for the purposes thereinafter declared. Now this indenture witnesseth that in consideration of the premises and of ten shillings in hand paid to the said William Henry Warland before the exdecutive of these presents the receipt whereof and that the same is in full for the purchase of the fee simple of the piece or parcel of land hereinafter described and intended to be hereby granted and released, He the said William Henry Warland under and by virtue of the provisions of an Act of the Governor and Council of the said Colon making valid a release without a preceeding lease hath given granted bargained aliened and released and by these presents doth give grant bargain alien and rlease all that piece or parcel more particularly described in the schedule herunder written together with all the rights members and appurtenances thereunto belonging or in (anywise? or pertaining) to have and to hold the said piece or parcel of land hereby granted and assured unto the Right Reverend William Tyrell and his successors for ever as a site for a building for religious worship according to the Rights of the United Church of England and Ireland as by law ... etc'

The Schedule referred to: All that piece of parcel or land containing by admeasurement thirty acres be the same more or less situated in the County of Brisbane and Parish unnamed near Murulla on Pages River commencing on Pages River and on the west by the eastern boundary of Francis Little's eight hundred and seventy five acre purchase bearing south thirty one chains sixty links on the south by a line bearing east then chains sixty two links on the east by a line bearing north thirty chains to Pages River and on all other sides by Pages River upwards to the point of commencement at the north east corner of Francis Little's eight hundred and seventy five acres aforesaid being the land sold as lot seventy one in pursuance of the proclamation of ninth September one thousand eight hundred and fifty three. (Signed WH Warland)

The 30 acres sold by Warland to the Church of England

The above 30 acres can be seen in the maps above, to the bottom left of Warland's 856 acres across the Page's River.

October 1856 - Warland sells land to James Lowe

On the same date as the indenture for the sale of land to William Tyrrell, Warland signed an indenture/release (Book 53, number 616) for the sale of three connected parcels of land, allotments 14, 15 and 16 (a total of two acres and five perches) to James Lowe, a farmer, for £25-8-6. These parcels run between Salisbury Street and Warland's Creek.

October 1856 - Warland acquires additional blocks of land

According to the indenture for the sale of his lands after his death, Warland acquired additional blocks of land visible in the map above during October 1856 (proclamation dated 23 October 1856): 31 acres, 44 acres.

The same indenture describes other blocks of lands around Warland's creek that do not appear to be identifiable on the map but *may* be, or be in the area of, the 'Permanent Common' as shown directly above his holding of 856 acres, based on descriptions: 74 acres, 82 acres, 51 acres, 72 acres, 53 acres.

November 1856 - Warland sells land to John Cooper

On 10 November 1856, Warland sold four parcels of land via an indenture/release to John Cooper, a farmer, for £45-19-0. These parcels were: allotment number 23 (1 acre, 1 rood and 13 perches), allotment number 55 (2 roods), allotment number 54 (2 roods), and allotment number 73 (2 roods). The last three lots are next to each other, bounded on two sides by Salisbury Street and Moore Street, on the north by allotments 72 acquired by Evans in 1855, and on the east by allotments 56 and 58, being part of the parcels later acquired by Milner in 1858.

November 1856 - Warland sells more land to Alfred Hayles

According to an indenture dated 28 November 1856, Warland sold several parcels of land to his niece's husband Alfred Hayles for £100. The parcels were allotments 27 (1 acre 2 roods 35 perches), allotment 28 (1 acre 3 roods 24 perches), allotment 29 (2 acres thirteen perches), allotment 30 (4 acres).

The blocks of land sold to Alfred Hayles are shown in this map

Note that the map above does not appear to exactly correspond to current lot maps unlike most of the other allotments sold.

November/December 1856 - Warland advertises his 'lower farm'

The Maitland Mercury and Hunter River General Advertiser of 25 November and again on 13 December 1856 carried the following notice.

Dodds and CO have received instructions from W.H. Warland Esq to sell by auction, at the Northumberland Hotel, West Maitland, at Twelve o'clock on Monday the 15th December 1856, all that Valuable ESTATE, on the Page River, well known as WARLAND's LOWER FARM. Comprises upwards of two thousand five hundred acres, which, with the pre-emptive right, is capable of depasturing 6,000 sheep in average seasons. It is most abundantly watered, and fifteen hundred acres of which is not surpassed, as first-rate wheat growing land, by any part of the Northern Districts.

The situation and excellence of the soil for all farming and agricultural purposes points it out as eminently suitable as a Homestead. Within one mile and a half distance is in course of erection an extensive Steam Flour Mill, which when complete will offer incalculable advantages to all the agriculturalists of the neighbourhood, and especially to the fortunate owner of this splendid property, which only awaits the hand of industry to yield a princely fortune, ther ebeing a capital sale for any quantity of flour, nearly the whole supply at present having to be consigned up on the drays from Maitland. Terms - One third cash, residue by instalments over five years. The above property wil be open to an offer by private contract, until the end of November.

January 1857 - Warland acquires additional land

According to the indenture for the sale of his lands after his death, Warland acquired two additional blocks of land in January 1857 (proclamation dated 13 January 1857): 40 acres on the Liverpool Range and another 40 acres on the Liverpool range 'from the south west corner of a measured portion of fifty one acres on Warland's Creek'. It seems likely that these blocks were adjacent but their exact location has not yet been determined.

March 1857 - Warland sells land to William Prizeman

Warland sold two connected parcels of land in Blandford village, allotment numbers 43 and 48, for £18 via a indenture/conveyance (Book 53, Number 104) to William Prizeman on 1 January 1856. These two parcels were bounded on the west by Salisbury Street, on the east by Debenham Street, on the north by allotments 44 to 47, and on the south by allotments 42 and 49.

April 1857 - Warland sells land to Alexander Black and Bernard Keenan

Warland sold two parcels of land, allotment 10 (30 acres) and allotment 2 (10 acres 2 roods) to Alexander Black for the sum of $434-30-0, via an indenture/conveyance on 1 April 1857 (Book 54, Number 592). Both of these properties were bounded on either side of the 'High North Western Road' (now the New England Highway), the smaller of which (on the south) was bounded by the Pages River.

Eight days later, on 9 April 1857, Warland sold a parcel of land, allotment 70 (38 acres) via an indenture/release (Book 51, Number 801) to Bernard Keenan, a farmer, for £110. This block was bounded on the north by Pages River and on the west by the 30 acres sold to William Tyrrell (Church of England) in 1856. Both of these parcels are intersected by the train line.

July 1857 - Warland a Justice of the Peace

The Government Gazette of 1 July 1857 (page 1357) noted that Warland was appointed Justice of the Peace and thereafter was an active local magistrate. (see also Murrurundi Petty Sessions Records).

From July 1857 - Luke Lamb and Catherine Featherstone

As noted above from 1830, Catherine Featherstone was the daughter of a convict couple Patrick Shearing and Bridget Featherstone who arrived separately and were both assigned to William Henry Warland, but Catherine was placed in a factory. Eventually Catherine seems to have made her way to Murrurundi where she married Luke Lamb who bought land from William Henry Warland - see below.

Catherine's father Patrick Shearing died sometime before July 1857; the exact date and details has not yet been found. The NSW Government Gazette of 24 July 1857 carried the following article under the heading 'Ecclesiastical Jurisdiction':

In the Goods of Patrick Shearing, late of Murrurundi, in the Colony of New South Wales, deceased, intestate. NOTICE is hereby given, that after the expiration of fourteen days from the publication hereof, Catherine Lamb, the only daughter and next of kin of the abovenamed Patrick Shearing, intends, with the consent of Luke Lamb, her husband, to apply to this Honorable Court, in its Ecclesiastical Jurisdiction, that Letters of Administration be granted to the said Catherine Lamb, with such consent as aforesaid, of the goods, chattels, credits, and effects of the said Patrick Shearing—Dated the 22nd day of July, A.D. 1857. WILLIAM HENRY MULLEN, Proctor for the said Catherine Lamb, By Iceton and Pownall, his Agents.

Perhaps related to the death of her father (and inheritance?), Luke would acquire land from William Henry Warland in June 1858 - see below.

August 1857 - Warland repays the loan to Henry Warland

The following is the text of a 'Release' document (Book 51, Number 797) stating that William Henry Warland paid back his third cousin Henry Warland in August 1857. (Source: NSW Land Registry Services, General Registers of Deeds (Old System Deeds))

To all to whom these presents shall come, I Henry Warland late of No 26 Brighton Terrace Buxton Hill in the County of Surrey Gentleman send greetings. Whereas the sum of six hundred pounts mentioned in the within Bond with all interest for the same hath been paid and satisified unto me the said Henry Warland in full discharge of the said Bond or Obligation. Now know ye that I the said Henry Warland for the considerations aforesaid do dhereby remise release and quit claim unto the said William Henry Warland his heirs executors and administrators as well the said within written Bond or Obligation as all such sums of money as are therein mentioned to be due and payable unto me the said Henry Warland my executors administrators or assigns and all interest in respect therefore. And further for the considerations aforesaid I do hereby also release and quit claim unto William Henry Warland his heirs appointees executors administrators and assigns all and every charge lien or interest which I have or have had upon or in the within mentioned lands and herditaments in Brisbane County in New South Wales aforesaid and also all actions suits accounts reckonings and demands whatsoever for or on account or in respect of the within written Bond or Obligation or the monies intended to have been thereby secured. (Word) my hand and seal the twelfth day or August one thousand eight hundred and fifty seven.

Signed sealed and delivered by the above named Henry Warland in the presence of Laundy Walters, Solicitor, 36 Basinghall Street, London.

Sydney in the Colony of New South Wales. To wit: Edward Wise McKenny of Redfern near the City of Sydney clear to Messieurs Allen and Bowden Solicitors being duly sworn maketh oath and saith that the above is a true copy of the original Release endorsed on a Bond or Obligation and Equitable Mortgage made between the same persons as are parties hereto bearing date the ninth day of October one thousand eight hundred and forty one and registered on the ... month ... day of 1841 (words crossed out) And that the name H Warland lastly above written is the signature of William Henry Warland one of the parties to the said original release sworn at Sydney this twenty first day of October AD 1857 before me Edward W McKenny. Thomas James Jaques Deputy Registrar of Deeds.

Received into the Office of the Registrar General at Sydney this 21st day of October AD1857 at 10 minutes to four o'clock in the afternoon from Edward Wise McKenny (Signed Thos Jas Jaques Deputy Registrar).

August 1857 - Warland sells land to William Hutton

On 5 August 1857, Warland sold 28 acres of land (allotment number 8) to William Hutton, via an indenture/conveyance (Book 57, Number 42), for £280. It is believed (to be confirmed) that this triangular parcel of land was bounded on the west by parcel 7 and on the east by Salisbury Street (in the indenture described as 'the High North Western Road'.

September 1857 - Warland sells land to James Grant Mackay and John McGivney

On 6 September 1857, Warland sold a parcel of land, allotment number 18, to James Grant Mackay via an indenture/conveyance (Book 57, Number 821) for £16-10-0.

15 days later, on 21 September 1857, Warland sold six parcels of land described below to John McGivney via an indenture/conveyance (Book 303 Number 42 or Book 57 Number 303) for £500. McGivney would appear soon after in relation to a legal case - see below.

The exact location of some of these allotments is not clear.

October 1857 - Warland sells land to Abraham Wild and William McClelland

Warland sold seventeen acres to Abraham Wild, a farmer, via indenture/conveyance (Book 52, Number 512) on 21 October 1857 for £175. Based on the description, this parcel was bounded on the north by the High Northern Road (now New England Highway), on the south by Pages River, on the west by Black's land (acquired April 1857), and on the west by block 4.

Three days later, on 24 October 1857, Warland sold three parcels of land via indenture/conveyance (Book 57, Number 824) to William McClelland for £30. One of these allotments, number 66 was bounded by Hayles Street, lots 67 and 65, and part of lot 68. The other two parcels were further south along Salisbury Street and bounded by that street, lots 51 and 35, and lots 38 and 39.

1857 - Warland heads back to the UK?

Sometime in 1857, Warland and his wife Susannah apparently returned to the U.K. leaving his nephew and niece’s husband in charge. (Source: McLellan). One of the reasons for his return may have been to give his relative Henry Warland back the money he had borrowed in 1841 (see above). The exact date of this travel is yet to be confirmed.

March 1858 - Warland sells land to Thomas Avard

On 12 March 1858, Warland sold four adjoining parcels land, allotments 41, 42, 49 and 50, via an indenture/conveyance (Book 57, Number 17) to Thomas Avard for £40. These blocks were bounded on the west by Salisbury Street, on the west by Debenham Street, and on the north and south by other allotments.

March 1858 - Warland versus Hawkins

In March 1858, Warland was the defendant in a court case brought against him by Thomas Sampson Hawkins, a former employee. This was an action for the recovery of money due under an agreement, and of damages for an assault.

The lengthy case was covered in The Maitland Mercury and General Advertiser from 20 to 24 March 1858 under the title 'Warland versus Hawkins'.

The declaration stated in effect that an agreement bid been entered into between the plaintiff (Hawkins) and the defendant (Warland), under which the plaintiff was to serve the defendant for seven years from the 12th May, 1856, as manager and overseer of his stations at Harben Vale. The defendant was to pay him £20 a year, in half-yearly payment, and in addition 7 percent of the gross yearly proceeds of the produce of the station that was disposed of, and of the market value in Sydney of the wool and other produce not disposed of.

The defendant agreed to employ the plaintiff until the expiration of one month after notice given at the end of the fifth year, or until the payment of an additional sum of £250. The plaintiff did become manager, and continued for some time, but the defendant did not employ him till the time specified, but had discharged him, and had not paid the £250.

A second count was for work and labour done, for goods sold by the plaintiff to the defendant, and for money paid by the plaintiff for the defendant. A third count was for an assault committed upon the plaintiff, and for ejecting him from a building in which it was lawful for him to remain. A fourth count was for carrying away the plaintiffs boxes, and other property, and throwing them on a dunghill.

In total, Hawkins claimed damages of £1000.

Warland lost the case. The jury decisions were: on the 1st count for the plaintiff (loss of employment), £250 damages; on the 2nd, 3rd, 4th, and 5th counts, for the plaintiff, £72; and on the 6th and 7th counts, for the plaintiff, £30.

This link contains a transcript of the three day trial.

April - May 1858 - Warland visits Sydney, stays at the Royal Hotel, returns

William Henry Warland was a regular visitor to Sydney, sometimes with his wife.

George Boyle White, a navigator who arrived in Sydney Cove in 1826, learned the skills of a land surveyor in the Colonial Secretary's office. He was appointed assistant surveyor in the Surveyor General's Department and spent most of his time in the Hunter Valley region, including where Warland was living. According to his diary of 1858 (source George Boyle White Diary 1858), he appears to have been quite close to Warland and his wife and sympathised with his situation. His diary provides clues as to the reason why Warland decided to quit the land. In the diary Warland is often referred to simply as 'W.H.W.'.

On 24 April 1858, White noted that he took an affidavit on the value of Warland's land before Mr Wise, the Barrister. He noted 'Poor W.H.W. (Warland) has been sorely cheated so much for being fond of law - supped with him and Young Spark (not further identified) - then went to Newtown (suburb of Sydney).' He also noted that he 'must get away from the Royal' as he was spending too much money there. A few days later he noted that the Royal was beyond his means. On 29 April 1858 he said he met 'Harban Vale' (that is, Warland) at the Royal and noted that 'the poor old man seems to be in low spirits and well he may be for the lawyers are fleecing him'.

White had dinner with Warland on Saturday 8 May 1858. On Tuesday 11 May he met Warland regarding his mortgage deed for £1500. He noted 'It is right enough but there is no necessity for Mrs W’s name in the instrument. Called on Mr Wise the barrister and gave evidence as to Warland’s land.' He had dinner again with Warland also Henry Dangar and others on Saturday 15 May 1858.

May 1858 - Warland obtains a mortgage

On 14 May 1858 during his visit to Sydney, Warland obtained the mortgage noted by White on 11 May 1858, for £1500. The mortgage noted that money was lent by The Honorable George Allen of Toxteth Park near Sydney, and Hutchinson Hothersall Browne of the North Shore near Sydney. As suggested by White on 11 May, any reference to Susannah Warland was struck out in the mortgage deed. The following properties were included in the mortgage:

Note that the three adjoining 42 acre parcels in the second point appear to stop at a road. Below that road (south) are two more blocks of 35 acres and then 42 acres and three other parcels all of which (except the 35 acre parcel) adjoin Warland's 1,228 acre property.

The mortgage deed also excludes two other parcels of 31 and 44 acres north east of the 49 acre lot noted above. These two parcels are also along Scott's Creek. The reason for this exclusion is not yet known.

May - June 1858 - Warland again meets George White

On 19 May 1958 White again met Warland stating 'he has had a his lawyers account - it makes a large hole in £1000'. He then notes that Warland disappears for a period of time and is hard to find. But on Thursday 3 June 1858 he found Warland at the Royal Hotel, noting that he was 'in trouble again - a lawyer's letter from M.U.N. (not identified) has put him in the fidgets'. [This may be a reference to the case against Hawkins that Warland lost in March that year]. White advised Warland to ignore it. A few days later, on a cold and wet Saturday, he met Warland again for coffee.

On 9 June 1858, White had a chat with Warland about a survey that would cost £125 to £150. He met Warland several time again in the following fortnight. On Friday 18 June he went with Warland to the Survey Office to find out the number of allotments he has purchased at the Page (Pages River)(22). He noted that 'He is off for the Hunter to night and it is time he was. Left the Assembly to see him and Mrs W. off.'

White travelled to Newcastle via the steamer William on 20 June 1858 and then went on to Maitland by railway and was taken by dog cart to Mullen. On the Monday, White dropped in to see Warland and found he was unwell and the medics had been called for. He added 'had some talk with Warland and a German or two relative to the capabilities and rental of Habarn (Harben Vale) - the old gentleman has been very ill all day and the medics think seriously of it.' Before leaving back for Maitland the next day, Tuesday 22 June 1858, he stated that Warland was very ill but still hoped to be in Singleton on the Thursday (which White doubted).

Aside from reference to correspondence to Warland in October 1858, White appears to have had no further contact with Warland for the rest of the year, even on a visit to the area in November 1858. There is no reference in his diaries in 1859 to Warland or to W.H.W.

June 1858 - Warland sells land to Robert Gillon

On 4 June 1858, Warland sold two parcels of land, allotments number 77 and 78, to Robert Gillon, a yeoman, via an indenture/release (Book 55, Number 855) for £20. These two parcels were bounded by Hayles Street on the south side, and lots 76 and 79.

June 1858 - Warland sells land to Luke Lamb

Luke Lamb, the husband of the daughter of a former convict on Warland's land (see above), entered into an indenture on 23 June 1858 for the purchase of three parcels of land from William Henry Warland for the sum of £45-3-7. The land, in the new 'village' of Blandford' was as follows:

Unfortunately, Luke Lamb died soon after. He was mentioned in the Maitland Mercury and Hunter River General Advertiser on 25 May 1861, having absorbed animal poison at Murrurundi. The article noted that a 'very poor but honest labourer named Luke Lamb, who has a very large and helpless family' was given sheep that had been poisoned. Luke skinned the sheep and rendered down the fat. A few days later he realised he had a splinter in his finger and, using the knife he had used to skin the sheep, extracted the splinter. However, this caused a major infection. A doctor told him he had to have his arm amputated, which he refused to do. In the end, Luke managed to survive. Luke was noted as a shepherd in a legal case in The Armidale Express and New England General Advertiser of 29 October 1864.

Luke and Catherine Lamb had at least one more child, Albert Lamb, born in 1868 in Wee Waa. Luke Lamb, then residing at Spring Station, Wee Waa, died of chronic diarrhoea on 29 April 1869, aged 50 (NSW BDM Ref 6906, also the Maitland Mercury of 12 May 1868), the same year Albert was born.

Catherine Lamb may then have married Samuel Boden at Tamworth in 1871 (NSW BDM Ref 3569). Boden may have been a former convict who obtained his ticket of leave in October 1849 at Bathurst (NSW Government Gazette 12 October 1849). Samuel Boden died in 1877; at his death he was described as 'an old resident of the town [Gunnedah] who left this life in a sudden manner very recently' (Source: Australian Town and Country Journal, 4 August 1877). His will gave his assets to Catherine Boden of Gunnedah 'widow of the said deceased' (NSW Government Gazette 23 August 1878).

It is not known exactly what happened to Catherine Boden (nee Lamb). She may be the person of that name, the daughter of Patrick (no surname shown) who died at Glebe in 1881 (NSW BDM Ref 3055/1881).

August 1858 - Warland sells land to James Milner

On 26 August 1858, Warland sold nine adjoining parcels of land, allotments number 56 to 64 (excluding 64 which was sold to Small in 1855), to James Milner of Petwyn Valley Creek, via an indenture/conveyance (Book 60, Number 224) for £69. The lots were bounded by Debenham Street on the east, Moore Street on the south and lot 65 was bounded by Hayles Street and also by lots 63 (Small) and 66 (McClelland 1857).

September 1858 - Warland sells land to William Nicholl

On 20 September 1858, Warland sold two parcels of land to William Nicholl, a yeoman, via an indenture/conveyance (Book 57, Number 468) for £16. The two parcels were adjoining lots number 79 and 80 bounded on one side by Hayles Street, on either side by lots 78 and 81, and lot 20.

October 1858 - Warland sells land to Alexander Johnstone

On 20 October 1858, Warland sold a single parcel of land, allotment number 44, to Alexaner Johnstone, a yeoman, via an indenture/conveyance (Book 58, Number 214) for £8. This lot contained two roods and was on the corner of Moore Street and Debenham Street, and bounded by lots 43 and 45.

From 1859 - Developments at Murrurundi

According to the Journal of the RHS:

In 1858 houses were scarce and tradesmen wishing to settle could not procure one, so it was decided to build more cottages. A contract was let for a stone church for the Roman Catholics, and a residence for the Anglican clergyman was also to be built in 1858. The Roman Catholic church was dedicated on February 19, 1860, by Archbishop Folding.

A new hospital was begun in 1860, and the first pile of a bridge over the Page River was driven in October. It was reported in 1861 that the Benevolent Society had erected the hospital structure, which was not furnished at that period.^^^ The bridge referred to above was opened in September, 1861, and named the 'Arnold Bridge'.

Meetings were held in 1861 to consider the establishment of a Mechanics' Institute.

November 1859 - William advertises his farm

Possibly due to illness or older age making farm life more difficult, Warland advertised the Harben Vale property in the Maitland Mercury of 17 November 1859.

December 1859 - Warland dies unexpectedly

William Henry Warland died suddenly on 11 December 1859 at the Royal Hotel in George St, Sydney. According a brief note in the Armidale Express and New England General Advertiser of 24 December 1859, '... after Mr Warland had been a short time in the hotel he felt very ill, and requested a hansom to be sent for. On taking a chair he suddenly dropped his cane, and fell back, gasping. Dr Ballamy speedily arrived, but Mr Warland was already dead.'

The notice of his death in the Sydney Morning Herald read 'WARLAND - December 11th, suddenly, in Sydney, in the 65th year of his age, William Henry Warland, Esq., J.P. of Harbon Vale, Murrurundi. The deceased was a native of Dorsetshire, England, and one of the first settlers on the Page River, in this colony.' His death certificate stated that he had died from 'water on the chest'. He was buried the following day at Camperdown Cemetery. (Note, Warland's grave almost certainly no longer exists, the land having been reclaimed as a park).

1859 - Alfred Hayles of Rocky River warns the public not to purchase property given by Warland - 1859

The Maitland Mercury and Hunter River General Advertiser of Saturday 17 December 1859 carried two notices, the first referring to the second:

CAUTION. The public are hereby cautioned not to PURCHASE without my sanction the undermentioned ALLOTMENT OF LAND, on which I have a Building in the course of erection for a Steam Flour Mill. The following is a true copy of a document I hold in my possession. ALFRED W. HAYLES. Rocky River. December 10, 1859.

True Copy. Harben Vale Sept. 17, 1855. This is to certify that I have this day given to William Warland and Alfred William Hayles, as a free gift forever, for the purpose of erecting a Steam Flour Mill on the same, all that piece of land, being a suburban allotment, situation in the township of Blandford, near Harben Valle, No. 31, containing by admeasurement 2 acres, 2 roods 18 perches, bounded on the north by Debenham-street, and on the west by Mill-street. (Signed) W.H. Warland. Witness - W. Warland, A.W. Hayles.

The description of this lot appears to be in the area of land for which the lots are not yet clear, possibly containing lots 31 to 33. Further details to be confirmed.

1860 - William Henry Warland's Probate and will

The New South Wales Government Gazette dated 20 January 1860 included a notice under the heading 'ECCLESIASTICAL JURISDICTION', that stated: In the Will of William Henry Warland, late of Harden [sic] Vale, Page's River, in the Colony of New South Wales, Esquire, deceased. Notice is hereby given, that after the expriation [sic] of fourteen days from the publication of this notice, application will be made to the Honorable the Supreme Court, of New South Wales, in its Ecclesiastical Jurisdiction, that probate of the last Will and Testament of the above-named deceased, with the Codicil thereto, may be garanted [sic] to Susannah Warland, the widow of the said deceased, and the Executrix in the said Will named. - Dated this 19th day of January, A.D. 1860.'

Warland's niece Emma and husband Alfred Hayles appear to have moved to Uralla/Rocky River by March 1860 (and possibly before 1855). The Empire (Sydney) ran an article on 13 March 1860 stating that their young daughter Clara Ann Hayles, died aged 14 month 'suddently of brain fever'. In February 1863 Emma gave birth to a son in the same location. In November 1863, Alfred was recorded in Uralla as the Agent for the Maitland Mercury.

On 28 March 1860, Warland’s wife Susannah was referred to as the executrix of the Will and Codicil (No 4637/1). It is assumed that the husband of Warland's niece Emma, Alfred Hayles, and his nephew William Warland helped Susannah after the death of Warland; his younger brother Edward Warland was living not far away in the Scone area but he does not appear to have had any children. Other siblings and their children were living in South Australia at the time.

April 1860 - Riot at Maitland - Susannah Warland injured

The Clarence and Richmond Examiner and New England Advertiser of Tuesday 17 April 1860 ran an article titled 'The Riot at Maitland', from the Empire newspaper on 3 April the same year. The article makes reference to Susannah Warland.

We have been informed by a gentleman, who was in Maitland at the time of the riot on Thursday night, that the affair was a much more serious one than the account, in a local journal - the Mercury - represents it. The violence and excitement of the mob were extreme; and it is really extraordinary that no lives were lost. Several persons escaped almost miraculously. Mr. Pierce, the miller, who had rendered himself particularly obnoxious to the rioters by having consented to take the chair on the occasion, had a very narrow escape, and is probably indebted for the preservation of his life to the courageous interference of Mr. Dee, who being a Roman Catholic had much more influence with the mob than any person not of that persuasion could have had. He deserves all praise for the way in which he exerted himself to prevent injury to Mr. Pierce. Mrs. Warland, (widow of the late W. H. Warland, Esq.,) who was stopping at Mr. Davidson's hotel, received a very severe wound in the head from one of the stones thrown through the window of the room in which she had taken refuge.

(Middle of article omitted, refers to the cause of the rioting, an 'inflammatory speech' given by Rev Dean Lynch on the 'Heathenism of Popery to his Free Church congregation, which upset the Catholics of the area)

Detached parties, either about this time or subsequently (for the accounts vary), broke some windows in Mr. J. Scoble's house, in Mr. Heugh's house, Mr. Davidson's hotel, in Mr. Alderson's, and in Mr. Pearce's. A few stones were also thrown at the windows in other houses. At Mr. Davidson's a lady, Mrs. Warland, was unhappily struck on the head by a large bone, which came through the window. On enquiring yesterday, we were happy to find that all the injured persons were doing well. Mr. Donald McIntyre, the only one seriously hurt (and his head was a complete mass of bruises and wounds when he escaped from his assailants), being reported as progressing well'.

November 1860 - William Warland sells his land to Dennis Shanahan

William Warland, the nephew of William Henry Warland, appears to have decided to leave the area to move to Queensland. He sold adjoining allotment numbers 27, 28, 29 and 30, via an indenture/conveyance (Book 70, Number 330) dated 29 November 1860, to Dennis Shannahan for £105. These four allotments were located in between the allotments (22 to 26, and a 9 acre parcel) sold to Alfred Hayles previously.

1861 - Frederick White enters into possesson of Harben Vale

Most of Warland's land was sold in 1861 to Frederick Robert White for £7,433-4-0 via an indenture between White and Susannah Warland. White was said to have 'at once' set about disposing of Cape Sheep and all other 'foreigners' (Source not known).

The 12-page detailed indenture, dated 20 January 1861 is accessible on the website of the NSW Land Registry Services, General Registers of Deeds (Old System Deeds), reference 71-231. Link to transcribed PDF version.

The indenture documents all the land held by William Henry Warland - less parcels of the properties already sold, or a total of 4,101 acres - bought by White for seven thousand four hundred and thirty-three pounds nine shillings.

The indenture refers to Warland's largest holdings: 1,228, 960, 856 and 640 acres as well as 23 other properties ranging in size from 35 to 82 acres.

The property listed totalled 5,420 acres. However, Warland had sold off parts of his original holdings of 960 and 856 acres, as listed in the schedule attached to the indenture. The schedule showed that

The schedule also refers to a 'Goveney' acquiring 30 acres and a 'McGoverney' acquiring 32 acres. This may the same John McGivney who appears below.

November 1862 - Supreme Court Case - McGivney v Warland

Various newspapers ran the following article on the above court case on Saturday 22 November 1862.

The trial of this case, which commenced on Monday, and had occupied the whole of that and of the three following days, was now resumed and concluded. It was an action by John McGivney against Susannah Warland, widow and executrix of the late William Henry Warland of Harben Vale, Murrurundi, to recover certain sums said to have been paid by plaintiff to Warland in August 1847, on account of a purchase of land which Warland had never conveyed to him. Plaintiff claimed £1220, and interest thereon. The defence was a total denial that any such payments had ever been made. Mr. Broadhurst, Q.C., and Mr. Faucett appeared for the plaintiff and Sir William Manning, Q.C., Mr. Martin, Q.C., and Mr. Stephen for the defendant. According to plaintiff this payment had been made on the 26th of August, 1857, and consisted of the following items :- cash, £200; promissory note for £120 retired at Maitland on the 15th of March, 1858; promissory note for £300 also retired at Maitland on the 15th of March, 1858; promissory note for £120 retired at Blandford, near Murrurundi, on the 5th of June, 1858; promissory note for £350 retired et Murrurundi on the 2nd of August, 1859. Total, £1220. This money and these bills were said to have been given for the purchase of 93 1/2 acres of land, part of the Harben Vale Estate.

The plaintiff swore positively to having made the purchase, paid the money, and handed over the bills to Warland at his (plaintiff's) own place at Blanford, on the day in question, when, as he declared, a document, of which the following is a copy, was drawn up and signed by Warland : - Harben Vale, 26th August, 1857. I have this day sold to Mr. John McGiveny, that portion of land adjoining his former purchase, in the bend of the creek, containing 93 1/4 acres, at £12 per acre, and have this day received £200 in part payment of the same. W. H. Warland. Two witnesses named Burrowes and McBride declared that they were present, at McGivney's place, when the purchase was made, the money paid, and the above document signed, McGivney further declared that he paid all the notes in due course as alleged, but that in Marah 1858, fearing he should not be able to do so, he obtained an allowance of two more years for that purpose, conditional upon his paying 20 per cent interest. Nevertheless, he did not really need this time, but paid each bill on the days already stated, each payment being made to Warland himself. Secrecy was observed, it was stated, at Warland's own request. He did not, it was alleged, wish it to be known to any that be had sold this land, and received this money, and had even made especial mention of his wish to keep the matter from his wife. The transaction remained open, although, according to the plaintiff, instructions had been given by Warland for the preparation of a conveyance. Warland died on the llth December, 1859.

After his death, Mrs Warland was proceeding to sell the residue of the Harben Vale Estate, when McGlvney, for the first time, made his claim. It was at first treated as an absurdity, but being pressed, waa examined into by the attorney of Mrs. Warland, Mr. Chambers, and a friend, Mr. White. To these gentlemen was exhibited the document already quoted, as also another document, of which the following is a copy:- 'Harben Vale, March 17th. 185B. I promise to allow Mr. McGivney two years to pay for the ninety three and a half acres ** 93 acres 1/2 ** perches by Mr McGivney ** allowing 20 per cent. W. H. Warland.' Where asterisks have boen placed in the above copy there were obliterations by the action of fire in the original, which was pasted on to another piece of paper. According to plaintiff's statement be was taking it off a file to see whether it might not be of service, when it was blown into the fire. It was only rescued with difficulty and in a slightly burnt condition. McGivney had made (as he himself, indeed, admitted) many purchases of allotments of the Harben Vale Estate, and the conclusion arrived at was that the document alluded to had referenee to a purchase of 3 1/2 acres, which McGivney had made, and had been altered to suit his present claim had in fact, been forged. That claim having been consequently disregarded, and the land disposed of, the present action was commenced. McGivney's evidence was positive, and that of his two witnesses, Burrowes and McBride, equally so. On the other hand it was alleged that the introduction of these two witnesses was an afterthought, at variance with M cGivney's first assertion that the transaction was known but to himself and to Warland.

A good deal of evidence was gone into to show that McGivney's claim was rebutted by the whole course of events. That Warland could scarcely have had such transactions without the knowledge of his wife, or of any one else; that no trace of it had over been found otherwise than in the evidence adduced by M'Givney; that Warland was not in the place where McGivney said he had paid the bills at the times of such payments; that from the nature of the property such a purchase of 93 1/2 acres - as was here described, was in the highest degree improbable, although the sale note, if taken as one for 3 1/2 acres, would quite fit a purchase usually made by McGivney; that in the sale note the figure 9 must have been inserted before the 3, the 0 after the £20, and the document otherwise altered, to meet the plaintiff's case. The burns on the face of the other document were, it was contended, made wilfully and for a similar purpose. The promissory notes and other documents were alleged to have been tampered with in like manner. The notes, it was contended, must have been some given for other purchases, altered to make them present evidence. Skilled evidence (by Mr. Green, of the Bank of New South Wales), based upon examination with a powerful magnifier was adduced in support of this assertion. It was further shown that McGivney was formerly chief constable at Murrurundi, and had been convicted of having taken a bribe and let a prisoner escape, but according to his acoount he had simply allowed the prisoner to see his friends on the former leaving a deposit of £50, which, when the prisoner came back, as he did, was returned to him; and it was proved that McGivney had borne a high character in the army and in the old mounted police. The character of McBride, who had been a constable, was also impeached.

A great many collateral circumstances were gone into on either side as illustrative of the question of probabilities. His Honor pointed out that this was either a plain claim plainly established most or one of the abominable frauds ever attempted in a court of justice. The plaintiff might, in the opinion of the jury, be entitled to succeed upon the direct and positive testimony of himself and his witnesses, but his success would be in the teeth of a mass of improbabilities; for every circumstance in the case, as well as the general character of the documents, were against him. His Honor then proceeded to analyse the evidence, pointing out to the jury that it was their duty to devote their closest attention to sifting out the truth, giving due weight to the positive testimony, but looking with equal care at all the rebutting circumstances and improbabilities. The jury, after about fifteen minutes' consideration, found a verdict for the defendant. His Honor committed the witness McBride to take his trial for perjury. Plaintiff, and the witness Burrowes, had left. Had Burrowes been tbere, his Honor stated he would have been committed both for perjury and forgery. As it was, the papers would be sent to the Attorney-General, for it would be a disgrace to the country if such a matter could rest there.

This was not the end of the case however. On the 4th and 5th of March 1863, in the Maitland Circuit Court, John McGivney was indicted for having forged 'a certain acquittance of receipt with intention to defraud'. Susannah Warland gave evidence at this trial. McGivney was found guilty and sentenced to 10 years hard labour on the roads.

July 1863 - Indenture for release

An indenture for release of funds was made between Susannah Warland and Frederick Robert White on 14 July 1863. The document is viewable on the website of the NSW Land Registry Services, General Registers of Deeds (Old System Deeds), reference 83-982.

The indenture noted the payment by White to Warland of three thousand, nine hundred and twenty two pounds twelve shillings and 9d, apparently in final payment for the indenture of mortgage of 21 January 1861 (noted above), noting that Susannah Warland 'hath not made done or committed any act deed matter or thing whereby the said lands hereditaments and premises or any part thereof so comprized in said mortgage are is can or may be charged incumbered or (..?..) affected in malice or otherwise'

October 1863 - Indenture for transfer of land from Susannah Warland to Alfred William Hayles and William Warland

By an indenture dated 7 October 1863, Susannah Warland, shown as the executrix of her late husband's will, conveyed two acres two roods and eighteen perches to Alfred William Hayles and Alfred's wife's brother William Warland. The location of this land was described as follows:

... commencing at the south east corner at a point where the west side of Debenham Street touches on the River Page and bounded on the east by nine chains ten links to the west side of Debenham Street bearing north thirty three degrees thirty minutes west to Mill Street, on the north by three chains of the south side of Mill Street bearing west thirty three degrees thirty minutes south, on the west by a line bearing south thirty three degrees thirty minutes east eight chains fifty to the River Page, and on the south by the River Page in an easterly direction to the south east corner aforesaid

The land described above appears to be located just to the left of the number '195' near the bottom right in the red boxed area as shown in this extract from a 1933 map of the area.

The location of Warland's private town showing Debenham and other streets (in the red box). The area in the green box 'above' Page's River was also sold as separate lots.

1864 - Gooby vs Warland

Some time after the death of William Henry Warland, his younger sister Elizabeth Gooby instituted a case in the High Court in the UK (Warland vs Gooby 1864, W., No 161), possibly in an attempt to access some of the proceedings from the sale of the properties.

1864 to 1867 - Developments at Murrurundi

According to the Journal of the RHS:

A branch of the Australian Joint Stock Bank was opened in temporary premises in 1864. In the following year a bank building was erected. By 1866 the population had increased to 322 persons. A news item in 1867 said 'It may be truly said that this town has gone ahead in the last four years'. Murrurundi then had four churches, a Mechanics' Institute, a gaol, court house, hospital, four hotels and eight stores. A private settlement, the village of Haydonton, had been established across the Page River, in which stood the Roman Catholic church referred to above as well as other buildings.

1865/1866 - The Hayles back in London

The Sydney Morning Herald ran a notice on 23 January 1865 stating that the wife of Alfred W Hayles, of 2, Sydney Place, Onslow Square, London, gave birth to a daughter. On 23 July 1866, the same newspaper ran an article stating that Mrs Alfred William Hales, of Uralla Villa, Edith Grove, West Brompton, London, gave birth to a 'posthumous daughter' on 27 March 1866.

1871 and 1881 UK census - Susannah Warland back in England

Susannah Warland appears to vanish from Australian records at this point. It is believed she returned to England. A Susannah Warland, aged 65, appears in the 1871 census in Hampshire, and again (aged 75 and born in 1806) at Poole, Dorset in the 1881 census. This was probably the same Susannah Warland, who had returned to her birthplace, quite possibly with the Hayles. Susannah died in 1888.

1870 to 1873 - Developments at Murrurundi

According to the Journal of the RHS:

Like most country towns of the time, Murrurundi had its mill, owned in 1870 by A. Brodie, and another storekeeper. J. L. Tebbutt also had a mill. Private houses in that year were said to be few, and chiefly built of wood. The Anglican church was described as 'a rickety old wooden erection likely to give way to a brick or stone church ere long'. The Methodist church was a wooden building also. The foundation stone of a new stone Anglican church called St Paul's was laid on April 24, 1873. The building was opened in July, 1874, and a School of Arts was completed in the same year.

After 1863 - What happened to Warland's nephew William Warland?

Sometime after 1863, William Warland left the Blandford area and headed to Queensland. He stopped at Ipswich where he established a farm and married Mary Ann Carter (1834 - 1878). They had three children (Melinda, Frederick and Arthur). For further information on William and family, click on this page.

1880s - St Lukes Church, Blandford

St Lukes, Blandford, in 2016

As noted above in 1856, Warland had sold (for 10s) a 30 acre block to the Anglican Bishop of Newcastle in October 1856. This block may have been the location of the original wooden church house, but this is only speculation.

As also noted above, Warland sold many blocks of land between Pages River and Warland's Creek in the 1850s. One of these was sold to Thomas Greer; the two adjoining blocks were sold to Daniel and John Mullins.

It is understood that the original St Luke's Church was built on one or three blocks of land on Salisbury Street between Hayles Street and Moore Street. The current St. Luke's church (photo above) was built in the 1880s a hundred metres or so further west along Salisbury Street, on four blocks in the then private village of Button Town (references to which town, on the Page's River, may be found as far back as 1853). The church's address is 90 Salisbury Street Blandford.

The four lots of 3.43 acres were:

See this Austlii link for confirmation that lots 17 - 20 are where St Luke's is located.

Austlii reference

From 1889 - Ongoing issues with William's will

In June 1889, advertisements appeared in the South Australian newspapers asking people claiming to be the brothers and sisters of the deceased, or their descendants, and in need of pecuniary aid, to present themselves to the Chambers of Mr Justice Stirling at the Royal Courts of Justice, Strand, London, or to make application thereto.

A deed in 1890 referred to Emma A. Elmes, Edwin Elmes presumed to be Emma’s second husband, and possibly a relative of her sister), T.J. Burroughs (not further identified), and William Henry Warland. Another conveyance after the reference to E.A. and Edwin Elmes refers to Thomas John Burroughs, and the Reverand John Henry Cram. The exact meaning of this deed is not known.

On 8 June 1891, court hearings about this matter referred to Albert Warland, of Port Darwin Camp (NT), a miner; Robert Frederick Warland, of Balhannah, a gardener; George Warland of Harben Vale, near Balhannah, a farmer; James Warland of Echunga, a farmer; and Ellen, Warland’s niece. All the men listed were nephews of Warland, who died without any children.

A profile of William Warland

According to Harold McKenzie, writing in the Maitland Mercury on 4 January 1896 (after his death):

Mr Warland was conspicuous as the owner of Harben Vale. He was what might be termed an ordinary, peaceful, country squire, living and letting live.

Again on 18 January 1896, McKenzie wrote:

One of the first grants to settlers in this district was the property known as Harben Vale, (now) owned by Mr Fred White. The range close by, known as Warland’s Range, took the name from that gentleman who was the first to establish himself at Harben Vale, and who showed some enterprise in the pursuit of sheep breeding. This gentleman went himself to the Cape and brought back a consignment of his Hunter River flocks. ‘Why the Cape?’ is a natural question for anyone to ask, when we can breed a superior stamp of animal in the colonies.

From what we can learn of the South African sheep, they are neither remarkable for blood nor beauty, and numbers of the flocks are decimated with the terrible scourge – scab. The only reason assignable for Mr Warland’s pilgrimage was to secure a cheaper lot of studs than he could possibly have bought at the same price here in the early days. The Cape sheep, however, have never set the Thames on fire, and it would be rather a difficult matter to find anyone now importing rams from the Transvaal.

Warland's legacy

Warland’s name lives on in many respects, through Warland Creek and the Warland ranges, near his Harben Vale property (see the Warland places page for photos and maps). He also has a street named after him in the Canberra suburb of Charnwood, and a road in the Corfe Mullen area of County Dorset, U.K. The original homestead built at Harben Vale was demolished by Fred White, and a much grander house built nearby. The property is still known as Harben Vale.

The Warland Charity

William Henry Warland's will, proved on 28 March 1860, included funding for a charity. The charity scheme was established on 10 November 1891, with its stated object being 'for the relief of poor persons resident in the area of benefit either in gifts in kind or grants of money: provided that income shall not be applied directly in relief of rates, taxes or other public funds but may be applied in supplementing relief or assistance provided out of public funds'. Later the charity distributed money primarily to elderly and old people to assist them with their heating purposes. The area of benefit was stated to be the Parish of Corfe Mullen as constituted on 30 March 1930.

The Warland Charity (Charity 204041) operated from 1891 to 23 March 1962 (standard registration). A new scheme was established on 30 November 1973. The charity operated as the Warland & Churchill Charity until 9 August 2014 when it ceased and was removed from the list of charities. As at 31 December 2011, the charity's total income was £116, its total expenditure £102.

(Source: Charity of William Henry Warland on the website of the Charity Commission for England and Wales. Physical records relating to the charity are also available form the Dorset History Centre - see this record)

Page originally created 1985, last updated 16 January 2024 (Added details of the Warland Charity). Copyright © Andrew Warland. (andrewwarland(at)gmail.com)