Family Tree

In 1847 John erected a public house at Moorlands which he named The Plough Inn.  This was erected on what would later become Maria Sophia MAWER's third of the Moorlands property.  John was granted a license for the inn in September of that year.  However, the inn was not well patronised and John was forced to close it after two years. (Ramsay, n.d.)

At 3 am on 21 January 1848, before its closure, The Plough Inn received a visit from bushrangers.  They tied up the house and farm servants and stole two watches, a quantity of liquor, food and blankets.   Ramsay tells the story in his book, With the Pioneers (Ramsay, n.d., pp34-36):

4.  A VISIT OF JOHN RILEY, MICHAEL ROGERS, PETER REYNOLDS, AND PATRICK LYNCH TO MOORLANDS AND PARDOE.

In January, 1848, four bushrangers named John Riley, Michael Rogers, Peter Reynolds, and Patrick Lynch, who were supposed to have absconded from the Fingal depot, made their appearance in the neighbourhood of Port Sorell, their intention no doubt being to seize some vessel and effect their escape from the colony.

Four police constables who were in pursuit of them incautiously entered a hut occupied by a man named Starkey on the 20th, and were immediately fired upon by the bushrangers, who shot one of the constables dead, and wounded another.  The other two constables, after a vain endeavour to discharge their pieces, which were wet, escaped in the bush, and with the wounded man, reached Port Sorell. 

On the 21st at about 3 a.m. these outlaws entered the "Plough Inn" at Moorlands (near Pardoe) which was owned by John Moore [sic], and they stated that they were constables from George Town.  Upon gaining admittance, three of them presented their guns at Mr. Moore, and ordered him to his bedroom, where they tied him up, and they also rounded up both house and farm servants and had them tied up as well.  They ransacked the house, but only got about £3 in money, and after carousing a considerable time, they seized two horses and carried off a quantity of clothing, one gun, two watches, wine, spirits, etc.

They then went to the Rev. John Bishton's farm.  His men were in the fields and were chased by the bushrangers.  Nibbs, the overseer, sent a man off to Moore's and then went towards the house with a fork in his hand.  He was met by a man who told him to lay down the fork, which he did, but went up to the man and seized his gun and tried to take it from him.  He had nearly succeeded when the bushranger pulled out a pistol and told him to let go.  A man named Hart, coming to Nibbs' assistance, was snapped at four times, so he took to his heels and escaped.  The bushrangers entered the house and had tea, and when six men came up from Moore's, they were seized, tied up, and the outlaws swore they would go back and shoot Moore.  After brutally abusing Nibbs and others, they returned to Moore's, but not finding him there they proceeded to Smith's.

While they were drinking at Moore's inn one of the servants effected his escape on horseback, but the bushrangers fired at him and slightly wounded the horse.  He, however, reached Edward Thomas' house at Northdown and gave the alarm, and Mr. Thomas immediately rode off to Port Sorell to report the presence of the bushrangers to Mr. Wheeler, the Police Magistrate.  As soon as he got back to his own house he saddled a fresh horse and rose to the Mersey to remove the boat which was there.  After that he went in search of his brother, Bartholomew William Thomas, and they asked a man named Sprouls to join them.  The three men went in pursuit of the bushrangers, and unexpectedly came upon them at Smith's house, where they had been drinking.  The party approached within twenty yards of the unobserved; but doubting whether four men they saw at the door were the bushrangers, they incautiously spoke and betrayed themselves, when instantly two shots were fired at them.  Edward Thomas and Sprouls then fired, and shot one man through the hand; Bartholomew Thomas ran round the barn and shot at a bushranger, who was in the act of firing at his brother, and the man fell on his back, although he could not have been much hurt.  The bushrangers then retreated from the house into a dense scrub, keeping up a constant fire from tree to tree.  Sprouls fired his last charge, and Edward Thomas' ramrod broke in two when he was forcing down the balls which were stuck fast in the muzzles of both barrels.

Bartholomew Thomas, having only one ball left, joined his brother and Sprouls, and they then decided to go in search of other volunteers, as further pursuit by themselves with their firearms out of action, would be of no purpose.  Having returned to the house, they found the two horses and much of the bushrangers' loot, which they had left behind, and just after a party of men, with pitchforks, and two magistrates, came up, having heard the firing.

An inquest was held on the 25th on the body of the unfortunate constable who had been shot at Starkey's hut.

Two parties of seven constables were then sent out after the bushrangers, and all the settlers in the district were alerted.  A reward of £100 and a conditional pardon was then offered for the capture of the escaped convicts.

On March 28, they turned up in the Hampshire Hills district, and robbed a hut; then they visited Circular Head, and later made the owner of a boat row them to Hunter's Island where two men named Vickey and Briggs had a good boat.  Here they made these two men take them along the coast, and when a couple of days later they reached Waterhouse Island they saw and American whaler hove-to there.  As the captain had gone ashore, the bushrangers contacted him and asked him to give them a passage to Kangaroo Island, where his ship was bound.  This he agreed to do, and sent them on board.

In his book This Our Fathers Did For Us, Derrick LOANE (1991, p108) talks about the bushrangers and their visit to The Plough Inn:

One evening two bushrangers called into Dewhurst's house on the corner of the road east of Oulton and Ted Williamson was there (they were all ex-convicts).  The bushrangers said they were going over to shoot Moore at the Plough Inn at Pardoe as he had been a warder at Port Arthur and they had a grudge against him.  Williamson said he would have to go and bed his horses down for the night but instead he rode over and warned Moore.  The bushrangers saw Williamson coming back and had a shot at him but hit the tree.  Moore spent the night planted in the bush.  The Thomases were told about the outlaws and went after them, but in the excitement Bat Thomas grabbed his best hat.  They caught up with the bushrangers and while Bat was taking aim from behind a log the bushranger put a bullet through the crown of his hat.

At Moorlands, John used to ship his butter away in sailing vessels in lots of from half to one ton at a time.  The beach at Moorlands was used to load and unload cargo onto trading vessels.  According to Thomas (1975, p.59),

... the flat-bottomed centre-board vessel of the Bass Strait coastal trade would happily run up on a smooth sandy beach on a falling tide, there to sit and load or unload till the next tide floated her off, hoping for calm weather while aground.  It is said that stores for early North Down were sometimes landed from vessels beached in the lee of Moore's Point.

The beach along the front of Moorlands was also used by travellers and the mailman - the old route from Torquay ran "along the beach as far as Moorlands, then over Aul Derrig and North Down, then through the Port Sorell bush, past Pyston house to Burgess" (Thomas, 1975, p.79).  It would have been to catch some of this passing trade that John MAWER established the Plough Inn on his Moorlands property.

On 29 August 1855 John got a grant of land by purchase grant of 500 acres which was situated at Wesley Vale (though Ramsay (n.d.) says he took up this land in 1852).  He named this property Moorfield.  Thomas (1975, pp95-96) writes about this purchase:

John Moore [sic] joined in the land rush of 1851-1853 by buying 500 acres from the crown, lot 390, lying south-west of the crossroads that became the hamlet of Wesley Vale, and named it Moorfield.  Some of the best land in the district lay between the two Moore properties; it went to absentee owners, T. K. Archer and W. T. Noyes.

... The Torquay to Burgess road as first surveyed ran through Moorfield, cutting off about sixty-five acres on its northern edge.  South of the road and fronting on it were five long, narrow blocks of varying acreages for his sons, James, John, Henry, William and Edward - in that order from the west.  Thomas got the sixty-five acres lying north of the road, and, as told, Sam and his two sisters each got one third of Moorlands.

In 1855 John had a sawmill on the property driven by a 12 horsepower steam engine.  The foreman in charge of the mill was Robert DOVER, whose daughter married into the family. In 1858 Moorlands was valued at £150 and Moorfield was valued at only £30 even though it was 174 acres larger most likely because, unlike Moorlands, it was relatively unimproved.

In 1862, thirty acres of Moorlands was rented for six years to Eli CLARK.  It is likely that other parts of the property were also rented out at various times.

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Transportation

John departed Portsmouth per Countess of Harcourt on her first voyage as a convict transport on 19 April 1821, three years after he was sentenced.  

He arrived in Van Diemen’s Land on 27 July 1821 having been at sea for 99 days.  He embarked with 172 male convicts, all of whom disembarked in Van Diemen’s Land.

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Trials

John was tried in Lincolnshire in the borough of Boston on 30 March 1818.  He was tried and convicted, along with Septimus HILL, of stealing, taking and carrying away 4 fish and 4 sandlings of the value of 10 pence the property of Bennet SWAIN.  Both John and Septimus pleaded guilty. 

Septimus HILL was sentenced and reconveyed to the House of Correction at Boston for three months imprisonment.  He was to be discharged at the end of the three months.

John was sentenced to be transported for seven years and to be conveyed by William VAUX, gaoler of the borough of Boston, "to the County Gaol at Lincoln there to be kept in safe custody until he is transported pursuant and according to his said sentence.  And it is also further ordered that John Merryweather keeper of the said Gaol at Lincoln do receive the said John Mawer into his custody accordingly."

It is likely that John received a harsher sentence than Septimus due to previous convictions.

Bennet SWAIN, a fisherman of Boston, was a witness at the trial and made a sworn statement before the Mayor, John Skymer Baily on 17 March 1818 as follows:

Yesterday afternoon he this complainant lost from a boat lying in the river at the back of the fishmarket a quantity of fish commonly called sandlings and hath good cause to suspect and doth suspect that the same were feloniously stolen taken and carried away by John Mawer and Septimus Hill and therefrom he prayeth justice.

The jurors found that John MAWER, labourer, and Septimus HILL, yeoman, both of Boston, did, on 17 March 1818 (the 58th year of the reign of King George III), with force and arms steal, take and carry away four fish and four sandlings of the value of ten pence, the goods and chattels of Bennet SWAIN.  Witnesses were Bennet SWAIN and William STACEY(?).

An article about the trial in the Lincoln, Stamford and Rutland Mercury of 3 April 1818 (p3 c1), under the headline "Quarter Sessions" reads:

At the Quarter Sessions for the Borough of Boston held on Monday ... John Mawer & Septimus Hill, both boys of about 12 years of age, pleaded guilty to an indictment charging them with having feloniously stolen a quantity of fish, called sandlings, the property of Bennett Swain, fishmonger, and were sentenced; Hill, who was supposed to have been inveigled by Mawer, to 3 months imprisonment, and Mawer who, though young, is an old offender, to transportation for 7 years.

From 1819 until 1821 John was held on board prison hulks awaiting transportation.  His hulk report indicated he was a well-behaved boy who worked well with his needle.

Reference:  BB 3/A/2/2/3 (vol)

On 11 and 12 October 1825 John was tried in the Supreme Court, with Chief Justice PEDDER presiding, for breaking into and robbing the store of Captain BRIGGS in Bathurst Street.  Thomas WARD (per Guildford) and John DRAPER (per Sir William Bentley), both still serving their sentence, were also tried for the same offence.  They were charged with stealing 50 gallons of wine to the value of £30 and 20 bags of sugar to the value of £20.  (SC 41/1 p.27)

In addition, Thomas JOHNSON (per Surrey), free by servitude, and John CAMM (per Active), holding a ticket of leave, were tried for receiving some of these stolen goods – Thomas for receiving 5 bags of sugar and 20 gallons of wine and James for receiving 20 gallons of wine.  What happened to the other 10 gallons of wine and 15 bags of sugar is pure speculation!

All five of them pleaded not guilty.  William FULLER and William STEVENSON were admitted as evidence for the Crown.  The jury for the case was composed of Mr Joseph MARSH (Lordman), Captain Humphrey Robert HARTLEY, Captain Henry Frederick LOCKYER, Lieutenant James PIGGOTT, Lieutenant Joseph CURTIN, Lieutenant Leonard Charles GUNNING and Ensign Archibald ROBERTSON.  (SC 32/1)

An account of the burglary was given in the Hobart Town Gazette on 15 October 1825.  The account says that “a man suspected to be Moir [sic], who had his face concealed with two black handkerchiefs tied over it” assisted Draper carry away the goods.  The trial lasted two days, the verdicts being read on the second day.

Thomas WARD was found not guilty, but held in prison and sentenced for another offence in 1826 after being released to the Prisoners' Barracks on 14 December 1825.  James CAMM was discharged on 12 December 1825.

John DRAPER and Thomas JOHNSON were sentenced on 30 December 1825, but their judgements were arrested and they were discharged from gaol on 20 March 1827.

Even though free by servitude, John MAWER was held in gaol for another court hearing on 20 December 1825, when he was found guilty in the Hobart Town Supreme Court of stealing a loaf of bread to the value of 5d from Isaac MARGETTS on 14 December 1825.  He was found guilty and sentenced to 7 years at Macquarie Harbour on 26 January 1826.  Once again, Chief Justice PEDDER was presiding and once again John pleaded not guilty.  The jury this time composed three of the same members - Captain Humphrey Robert HARTLEY, Lieutenant James PIGGOTT and Lieutenant Joseph CURTIN - and four different members - Captain Robert MOROW, Lieutenant James SIMMONS, Cornet John O'GAGE and Ensign R^d FLORES.

An extract from the Colonial Times of Friday, 23 December 1825 reads:

One of the most lamentable sights which can be exhibited in any country, took place this morning, in the placing at the Bar of the Criminal Court, seventy-one human-beings, to receive their sentences, for crimes of every degree of turpitude, committed in a country where the population is so comparatively small, and where the inducements to crime are so few.  Of these unhappy men twenty-five received sentence of DEATH! many of whom will most probably suffer this awful doom. …  The following is a list of the prisoners sentenced, with their sentences:- …  7 Years … John Mawer …

A similar story in the Hobart Town Gazette of 24 December 1825 reads:

SUPREME COURT Tuesday, Dec. 20, 1825.
The several prisoners who had been tried and found guilty, during the Session, were this morning brought into Court to receive the sentence of the law.  Twenty-eight, who had been convicted of the heaviest offences were first brought into Court.  They were manacled two by two, and the clanging of their chains along the ground as they took their stand and ranged themselves at the bar, and within the rails, presented a scene truly abhorrent to those not accustomed to sights of human depravity ...

All but three of these prisoners were sentenced to death, the other three to transportation for 14 years.  John was in the next lot of 22 prisoners sentenced to transportation for 7 years.

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Will

After finding out he was dying of cancer, John made out his will on 17 September 1864.  He left Moorlands in equal divisions between his two daughters and youngest son.  The Moorfield property he left in various blocks to his six remaining sons and his Thistle Street property to his two daughters.  It is believed that although he could read and write, but owing to his illness, he signed his mark with his thumb print (visible on the will) and in the presence of Marcus LOANE and Rodger WINSPEAR, his executors.  His will reads:

Know all Christian people by these presents dated the 17^th seventeenth day of September, one thousand eight hundred and sixty four.
This is the last will and testament of me John Mawer of Moorlands, District of Port Sorell, County of Devon, in the island of Tasmania, Landholder.  In the first place I direct the payment of all my just debts (if any) and funeral and testamentary expenses. I give and bequeath to my dear wife, Maria Mawer, all my household goods and furniture, also the house and garden and out buildings attached to the same, with right of road to the sea beach, and to the water for domestick use of the house.  And I further give unto my dear wife during her life the sum of two pounds sterling money per week out of the rents of the Moorlands and Moorfield Estates. 
If it should happen that no rents are coming in to the above mentioned estates of Moorlands and Moorefield then I give and bequeath the whole of the estate of Moorlands and that part of the estate of Moorfield, now leased to John Conroy, belonging to Thomas Mawer, now a miner unto my dear wife to manage the same for the benefit of herself, and the minor children, during her life, and then the estate, shall be divided, between my eldest daughter and youngest daughter, and my youngest son, each leaving a frontage on Bass Straits of thirteen chains and one third of a chain.  And I further direct that all cattle and other stock on belonging to the Moorlands estate, shall be for the benefit of my dear wife and minor children for their use and that my wife, Maria Mawer, shall have the management of the same, for the benefit of the estate of Moorlands, and all other property belonging to me on the estate of Moorlands for her use and benefit. 
And I further direct that the estate of Moorlands shall be divided in the following manner, after the death of my beloved wife Maria Mawer.  That is to say, that Henrietta Mawer or now Kaye shall have thirteen chains and one third of a chain, commencing from the north angle on Bass Straits adjoining Mr Thomas Laud, during her lifetime and then the land shall belong to the eldest male child lawfully begotten – entail male and so on in succession for ever.  And I further direct that Maria Mawer the younger now Stevenson shall have thirteen chains and one third of a chain on Bass Straits, being the center piece of land to have and to hold during her lifetime.  And then to belong to the eldest male child lawfully begotten – entail male and so on in succession for ever.  And I further direct that Samuel Henry Mawer shall have thirteen chains and one third of a chain on Bass Straits, this piece of land is to the westward of the other two mentioned lots, to have and to hold during his lifetime and then to belong to the eldest male child lawfully begotten – entail  male and so on in succession for ever.  If no male issue from the above named Henerette Mawer Maria Mawer or Samuel Henery Mawer then I direct that the nearest of kindred shall have the land, being entailed male and so on in succesion for ever.  And I further direct that my daughter Henerette Mawer shall have all that allotment of land situate in Thistle Street Launceston in Tasmania bounded on the east by Mr George Witcombe, on the front by Thistle Street 60 feet, on the west by Mr Daniel O’Neil 75 feet to have and to hold for ever.  And I further direct that my daughter Maria Mawer shall have all that allotment of land situate in Thistle Street Launceston in the island of Tasmania bounded on the east by Cheeseman on the front by Thistle Street 43 feet, on the west by land belonging to R C Gunn 75 feet 6 inches to have and to hold for ever.  The said land being a portion of land purchased by the said testator from Joseph Stere Brown later Deputy A C General at Launceston. 
And I further direct that I have given unto John Mawer my eldest son all that piece of land being part of lot 390 now known as Moorfield.  Bounded as follows commencing 12 chains distant from the south west corner that is to say running 12 chains in a easterly direction, and then running north and south by a line to the Torquay and Burgess Road about sixty acres to have and to hold for ever. 
And I further direct that I have given unto Henery Mawer my second eldest son all that piece of land adjoining to the east of John Mawer lot being 12 chains on the southern boundary line running east and then by a line running north and south to the Torquay and Burgess Road about 60 acres to have and to hold for ever. 
And I further direct that I have given unto James Mawer my third eldest son all that piece of land being part of lot 390 known as Moorfield bounded by the south west angle and land belonging to Roger Winspear on the west running 12 chains from the southern corner pin to John Mawer’s lot and along that lot to the Torquay and Burgess Road, and along that road to Mr R Winspear’s land, to have and to hold for ever – about 60 acres. 
And I further direct that I have given unto William Mawer my fourth eldest son all that piece of land being part of lot 390 now known as Moorfield bounded by Henry Mawer’s lot on the east running fifteen chains on the east from Henery Mawer’s lot and then running north and south to the Torquay and Burgess Road and then running fifteen chains along that road, to have and to hold for ever about one hundred acres of land. 
And I further direct that I have given unto Edward Mawer my fifth eldest son, all that piece of land being part of lot 390 now known as Moorfield, bounded by William Mawer’s lot on the east running twenty chains seventy five links from William Mawer’s lot to the south eastern boundary corner pin, and then running north and south to the Torquay and Burgess Road to have and to hold for ever about one hundred and fifty acres of land. 
And I further direct that I have given unto Thomas Mawer my sixth eldest son all that piece of land being part of lot 390 now known as Moorfield and rented by John Conroy, commencing from the north west corner pin and running south, about sixteen chains to the Torquay and Burgess Road, and along that road to the north eastern boundary pin being seventy nine chains and seventy five links, to have and to hold for ever, about sixty five acres of land.

I now revoke all other wills testamentary deeds or codocils that has been made and I wish my executors to see this last will and testament carried out faithfully according to their several divisions of property. 
And I hereby appoint Mr Roger Winspear of Torquay butcher and Marcus Walpole Loane farmer of Old Derrio in the District of Port Sorell in the island of Tasmania to be and act as my executors and carry out this my last will and testament according to my request – dated on the seventeenth 17^th day of September one thousand eight hundred and sixty four 1864 – This my last will and testatment is contained in five pages.

Signed and acknowledged by the said John Mawer the testator as and for his last will and testament in the presence of us, being present at the same time who at his request, in his presence, and in the presence of each other have hereunto subscribed our names as witnesses.

John Mawer
Samuel H Thomas, North Down
W F Wright, North Down

(Deceased died 7^th February 1865)

The will was presented to Charles OLDAKER of the Supreme Court and passed for probate in 1878.  Probate of the last Will and Testament of John MAWER, in the Supreme Court of Tasmania (no. 1105):

Bet it known unto all men by these presents that on the seventeenth day of April in the year of our Lord one thousand eight hundred and sixty five in Tasmania, landowner deceased (a true copy of which will is hereunto annexed) was exhibited and proved before this Honorable Court and that administration of all and singular the goods chattels rights credits and effects of the said deceased within the island of Tasmania and the dependencies thereof was and is hereby committed unto Roger Winspear of Torquay in Tasmania butcher and Marcus Walpole Loane of Port Sorell in Tasmania aforesaid farmer the executors in the said will named they the said Roger Winspear and Marcus Walpole Loane having been first duly sworn well and truly to perform the said will by paying first the debts of the said deceased and then the legacies herein bequeathed so far as the estate shall thereunto extend and the law bind them and to make and exhibit unto this Honorable Court a true and perfect inventory of all and every the goods chattels rights credits and effects of the said deceased on or before the first day of October now next and to render a just and true account of their executorship when they shall be lawfully called thereunto.  And further that they believe the said goods chattels rights credits and effects of the said deceased at the time of his death did not exceed in value the sum of two hundred pounds in Tasmania and the dependencies thereof.

Given under my hand and the seal of the Supreme Court of Van Diemens Land (now called Tasmania) the twenty-sixth day of April one thousand eight hundred and sixty five.  By the Court John Aston Watkins Registrar

There is a note in the margin which refers to Allanby Proctor (the lawyers).

Fourteen years later, after the death of John's wife, Maria, a conveyance of the Moorlands property was made and signed by the heirs to Moorlands as per John's will (Maria Sophia, Henrietta and Samuel Henry), the husbands of Maria Sophia and Henrietta, and the executors of the will, Roger WINSPEAR and Marcus LOANE.  It reads (with punctuation added for clarity):

This Indenture made the First day of November one thousand eight hundred and seventy nine between Roger Winspear of Torquay in Tasmania, Butcher and Marcus Walpole Loane of Old Derrig in the District of Port Sorell in Tasmania, Farmer of the first part; James Stephenson of the District of Breadalbane in Tasmania, Farmer and Maria Stephenson his Wife of the second part; Joseph Kaye of Deddington in Tasmania, Farmer and Henrietta Kaye his Wife, the said James Stephenson and Maria Stephenson his Wife and Samuel Henry Mawer of Moorlands in the District of Port Sorell aforesaid, Farmer of the third part; and George Thomas Collins of Launceston in Tasmania, Solicitor of the fourth part. 
Whereas by Letters Patent dated the third day of April in the fourth year of the reign of Her Majesty Queen Victoria and enrolled in the Supreme Court of Van Diemens Land on the twenty fifth day of August one thousand eight hundred and forty one under the hand of Sir John Franklin Lieutenant Governor of Van Diemens Land aforesaid for the consideration therein mentioned.  All those three hundred and twenty six acres of land situate and being in the County of Devon in Van Diemens Land aforesaid and bounded as follows (that is to say) on the East by a location to the Reverend R. B. Claiborne commencing at the Crown Reservation of one hundred feet wide from high water mark on the edge of Bass's Straits and extending Southerly eighty two chains seventy three links on the South by forty chains, Westerly along Crown Land to Lot 707 on the West by seventy six chains fifteen links along that Lot, Northerly to the aforesaid Crown Reservation along Bass's Straits and thence on the Northern side by that Reservation to the point of commencement, Together with the appurtenances, were granted unto and to the use of James Walbourn his heirs and assigns for ever. 
And whereas by an Indenture dated the thirty first day of December one thousand eight hundred and forty one and registered the first day of February one thousand eight hundred and forty two and made between the said James Walbourn (therein described as of Launceston in Van Diemens Land, Draper) and Sarah Frances his Wife of the one part; and John Mawer (therein described as of Talisker in Van Diemens Land aforesaid, Farmer) of the other part, for the consideration therein mentioned the said three hundred and twenty six acres of land were granted unto the said John Mawer and his heirs To the use of the said James Walbourn his executors administrators and assigns for the term of one thousand years to be computed from the day next before the day of the date of the now reciting Indenture with remainder To the use of the said John Mawer his heirs and assigns for ever with proviso for cesser(?) of the said term on payment by the said John Mawer to the said James Walbourn of the sum of Five hundred and twenty five pounds and interest as therein mentioned. 
And whereas all principal and interest moneys secured by the last recited Indenture have been duly paid and satisfied as appears by a receipt in writing signed by the said James Walbourn and dated the twenty eighth day of April one thousand eight hundred and forty five.
And whereas the said John Mawer duly made and executed his last Will and Testament (in which he is described as of Moorlands District of Port Sorell County of Devon in the Island of Tasmania Landholder) bearing date the seventeenth day of September one thousand eight hundred and sixty four whereby (amongst other things) he gave and bequeathed to his Wife Maria Mawer his house and garden and outbuildings attached to the same with right of road to the sea beach and to the water for domestic use of the house.  And he further gave unto his said Wife during her life the sum of Two pounds sterling money per week out of the rents of the Moorlands and Moorfield Estates.  And if it should happen that no rents were coming in to the above mentioned Estates of Moorlands and Moorfield Then the Testator gave and bequeathed the whole of the Estate of Moorlands and that part of the Estate of Moorfield then leased to John Conroy belonging to Thomas Mawer, then a minor, unto his said Wife to manage the same for the benefit of herself and the minor children during her life.  And then the Estate should be divided between his eldest daughter and youngest daughter and his youngest son each having a frontage on Bass' Straits of thirteen chains and one third of a chain.  And after disposing of certain cattle and other stock belonging to the Moorlands Estate and all other property belonging to the Testator on the Estate of Moorlands as therein mentioned The Testator further directed that the Estate of Moorlands should be divided in the following manner after the death of his said Wife (that was to say) That Henerette Mawer, or then Kaye, should have thirteen chains and one third of a chain commencing from the North angle on Bass' Straits adjoining Mr Thomas' land during her life time and then the land should belong to the eldest male child lawfully begotten entail male and so on in succession for ever.  And the Testator further directed that Maria Mawer the younger, then Steveson, should have thirteen chains and one third of a chain on Bass' Straits being the centre piece of land to have and to hold during her life time and then to belong to the eldest male child lawfully begotten entail male and so on in succession for ever.  And the Testator further directed that Samuel Henry Mawer should have thirteen chains and one third of a chain on Bass' Straits that piece of land being to the Westward of the other two mentioned Lots to have and to hold during his life time and then to belong to the eldest male child lawfully begotten entail male and so on in succession for ever.  If no male issue from the above named Henerette Mawer, Maria Mawer or Samuel Henry Mawer then the Testator directed that the nearest of kindred should have the land being entailed male and so on in succession for ever.  And the Testator thereby expressed a wish that his Executors should see that last Will and Testament carried out faithfully according to their several divisions of property.  And he thereby appointed the said Roger Winspear and Marcus Walpole Loane to be and act as his Excecutors and carry out that his last Will and Testament according to his request.
And whereas the said Testator died on or about the seventh day of February one thousand eight hundred and sixty five.
And whereas the said Will of the said Testator was duly proved in the Supreme Court of Tasmania by the Executors therein named on the seventeenth day of April one thousand eight hundred and sixty five and registered on the twenty second day of August one thousand eight hundred and seventy eight.
And whereas the said Maria Mawer the Wife of the said Testator died on or about the sixteenth day of September one thousand eight hundred and seventy eight.
And whereas in accordance with the directions contained in the Testators said Will the said Roger Winspear and Marcus Walpole Loane have caused the said Estate of Moorlands to be divided into three parts or shares having respectively the frontage and extent mentioned in the said Will (or as near thereto as practicable); one part or share thereof for the said Henrietta Kaye (in the said Will called Henerette Mawer, or then Kaye), one part or share thereof being the hereditaments hereinafter described and intended to be hereby granted for the said Maria Stephenson (in the said Will called Maria Mawer the younger, then Steveson) and the remaining part of share thereof for the said Samuel Henry Mawer.
And whereas for the purpose of performing the said Will and effectuating the intention of the said Testator it hath been agreed that the said Roger Winspear and Marcus Walpole Loane shall convey the hereditaments hereinafter described and intended to be hereby granted to the uses and in manner hereinafter expressed.
From this Indenture witnesseth(?) that the purpose aforesaid and in consideration of the premises the said Roger Winspear and Marcus Walpole Loane Do with the consent and approbation of the said Joseph Kaye and Henrietta Kaye, James Stephenson and Maria Stephenson and Samuel Henry Mawer (testified by their respectively being parties to and executing these presents) hereby grant unto the said George Thomas Collins and his heirs all that piece or parcel of land situate in the Parish of Templeton in the County of Devon in Tasmania containing one hundred and ten acres (being part of the said Estate of Moorlands which Estate comprises the whole of Lot 706 containing three hundred and twenty six acres grated to the said James Walbourn as aforesaid) and bounded on the East by eighty one chains commencing at the North West corner of other portion of the said Estate of Moorlands Willed to Henrietta Kaye as aforesaid on the Crown Reserve on Bass' Straits and extending Southerly along the last mentioned land of Henrietta Kaye to Lot 398 purchased from the Crown by W T Noyes on the South by thirteen chains and thirty three and one third links extending Westerly along the last mentioned Lot to other portion of the said Estate of Moorlands Willed to Samuel Henry Mawer as aforesaid on the West by eighty chains extending Northerly along the last mentioned land to the Crown Reserve on Bass' Straits aforesaid and on the North by the said Crown Reserve to the point of commencement as the said piece or parcel of land is delineated and described in the diagram or plan endorsed on these presents and therein distinguished by red boundary lines Together with all houses buildings fences ways waters watercourses rights easements and appurtenances thereto belonging or therewith usually held occupied or enjoyed.  And all the estate right title interest property claim and demand whatsoever of the said Roger Winspear and Marcus Walpole Loane therein or thereto to have and to hold the hereditaments and premises hereby granted or expressed to be unto the said George Thomas Collins and his heirs To the use of the said Maria Stephenson and her assigns during her life without impeachment of waste with remainder To the use of the first son of the said Maria Stephenson and the heirs male of the body of such first son issuing.  And for default of such issue To the use of the second and other sons of the said Maria Stephenson severally successively and in remainder one after another in order and course as they shall respectively be in priority of birth and the heirs male of their respective bodies the elder of such sons and the heirs male of his body being always to take before and be preferred to the younger of such sons and heirs male of his and their body and respective bodies.  And for default of such issue To the use of the right heirs of the said Maria Stephenson successively in tail male. 
And each of them the said Roger Winspear and Marcus Walpole Loane as to his own acts and deeds only doth hereby for himself his heirs executors and administrators covenant with the said George Thomas Collins his heirs and assigns That they they said covenanting parties respectively have not done or knowingly suffered or been party or privy to any act deed or thing whereby they are prevented from granting the said hereditaments to the uses and in manner aforesaid or whereby the same or any part thereof are is can or may be encumbered.
To witness whereof the said parties to these presents have hereunto set their hands and seals the day and year first above written.

[Signed by Roger WINSPEAR, Marcus W LOANE, James STEVENSON, Maria STEVENSON, Joseph KAYE, Henrietta KAYE and Samuel Henry MAWER.]

This is to certify that in pursuance of the provisions of an Act of the Island of Tasmania for rendering Conveyances by married women effectual without fine or recovery Maria Stephenson the Wife of James Stephenson in the above written Deed mentioned came before me on this twelfth day of November one thousand eight hundred and seventy nine and acknowledged the same to be her act and deed.  And I certify that the said Maria Stephenson being then examined by me privately and apart from her said husband did confess and declare that she was acquainted with the nature and object of the said Deed And that she executed the same freely and voluntary and without any violence threat or compulsion either on the part of her said husband or of any other person.  Witness my hand at Launceston in Tasmania the day and year above mentioned.

[signature illegible]

The front page of the conveyance states that George Thomas COLLINS Esquire became the grantee to uses of the Moorlands property for Maria Sophia STEVENSON and others.

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