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Edward Higginbotham

CONSULTANT ARCHAEOLOGICAL SERVICES

119 Denison Street. Camperdown. N.S.W. 2050 Telephone: 5162726.

I I I I I I I I I I I I I I I I I I I I I

79, GEORGE STREET, PARRAMATTA, NSW.

HISTORICAL AND ARCHAEOLOGICAL ASSESSMENT.

Report prepared by Edward Higginbotham Consultant Archaeological Services 119 Denison Street CAMPERDOWN NSW 2050 (02) 516-2726

For Portfolio Projects Pty. Ltd.

September 1987.

www.higginbotham.com.au

Dr. Edward Higginbotham. Edward Higginbotham & Associates Pty Ltd.

Phone: +612 9716 5154. Fax: +612 9716 8547.

I

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CONTENTS

1. Introduction.

2.1. Historical background.

2.2. Sequence of buildings.

2.3. Owners and occupiers.

3.1. Further research.

3.2. Thomas Clowers.

3.3. Nathaniel Pay ten.

3.3.1. His farming and pastoral interests.

3.3.2. His public house named the "Babes in the Wood", and other trading activities.

3.3.3. His building career.

3.3.4. Establishing a family home.

3.3.5. Investing in town allotments.

3.3.6. "Perth House", a new family home.

3.3.7. A business partnership with James Houison.

3.3.8. The 1840s Depression.

3.3.9. Converting leasehold to freehold title.

3.3.10. Further important purchases.

3.3.11. Other property transactions.

3.3.12. Retirement.

3.3.13. Social and economic status of Nathaniel Pay ten.

3.4. Research issues relating to Nathaniel Pay ten.

4. Survival of the evidence.

5. Statement of cultural significance.

6. Recommendations.

Appendix. Summary of the property transactions of Nathaniel Pay ten , 1826-1864.

--------------------------------------------------------------------------------------


1. INTRODUCTION

On 29 July 1987 Edward Higginbotham was commissioned

by Mr. Merill Whitehead of Portfolio Projects Pty. Ltd. to undertake an historical and archaeological

assessment of the site of a proposed development at 79

George street, Parramatta (figure 1.1) •

The site is bounded on the north by George Street, and

on the east by Barrack Lane. At present there is a

two-storey brick and concrete building occupying the

majority of the allotment, except for a small yard at

the rear (figure 1.2).

The purpose of this report is to assess the

archaeological potential of the site from the

historical documentation, and to recommend appropriate

conservation measures should any archaeological

remains be considered to survive.

1

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Figure 1.1. Plan showing the location of the site, 79 George Street, Parrarnatta (Detail at Parrarnatta City Council, 1985. The City of Parramatta. Draft Local Environment Plan).

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Figure 1.2. Plan of 79 George Strteet, Parramatta, showing the standing buildings on the allotment. (DP552982. LTO).


2.1.

2.2.

HISTORICAL BACKGROUND

Sequence of buildings

The site of 79 George street, Parramatta originally

formed part of Section 17, Allotment 22 of the Town of

Parramatta, Parish of st. John, County of Cumberland. The allotment is recorded as Parramatta Central,

Inventory No. 72 in the forthcoming Archaeological Zoning Plan of Parramatta. l

The site contains one or part of two allotments,

measuring 100 (frontage) by 200 feet (30.48 by 60.96

metres), laid out at the foundation of the town in

1790. A convict hut, measuring 12 by 24 feet (3.65 by

7.31 metres), was erected central to the frontage of

each allotment by c.1792. George Street was originally

an avenue 205 feet wide (62.48 metres), so these

convict huts are located well behind the present

street frontage (approximately 13.8 metres).2 Both

the c.1792 and the c.1804 map of Par~amatta show these original town allotments. At this point on George

Street the maps do not agree in that the boundaries

between the allotments are shown in slightly different

positions. The c.1792 map suggests that there are

parts of two allotments on the site, so that one convict hut is on the neighbouring property, 77 George

Street, while the other is on the eastern boundary of

the site, and partly under Barrack Lane. On the other

hand the c.1804 map indicates that only one allotment

is involved, and that a single convict hut was located completely within the site (figure 2.1) .3

The 1823 map of Parramatta indicates a building on or

near the site shown on the c.1804 map. Whether it is

the same building or another cannot at present be

assessed. By 1823 the original width of George Street

2


GEORGE SI

2 1844 1895

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Figure 2.1. Plan of 79 George Street, Parrarnatta, sketching the location of the various archaeological sites revealed by historical research.

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Figure 2.2. Detail of the cadastral map of the town of Parramatta, showing the configuration of allotments on Section 17 of the town, as laid out in 1823 (Department of Lands, 1961, Map of the Town of Parramatta).

I I I I 1 I I I I I I I I I I I I I. 1 I I

2.3.

had been abandoned in favour of the present street dimensions. In addition many of the original

allotments had changed beyond all recognition. The

1823 survey however formed the basis for the present system of sections and allotments (figure 2.2) •

The 1823 map of Parramatta shows the same building as

on the 1823 map,4 but by 1844 it had been replaced by

a masonry structure closer to the George Street and

Barrack Lane frontage (figure 2.1).5 This latter

building was still standing by 1895, and probably well into this century (figure 2.3).

Owners and occupants

Having established the sequence of buildings, it is

necessary also to research the sequence of land title

for the allotment. From 1790 onwards the hut or huts

were occupied by convicts. There is no evidence of any

formal lease prior to 1823, but the allotment was

clearly occupied prior to that date by "permissive

occupancy", for the 1823 Return of Allotments

indicates that a Thomas Clowers is in residence. 6

Thomas Clowers was also issued the formal lease of the

allotment on 30 June 1823. 7

These formal leases were convertible into freehold title, or grants, by two methods, either by the payment

of twenty one years quit-rent in advance, or by

erecting buildings to the value of 1000 pounds

sterling or more. 8 Quit rent was the money paid to

the Crown to compensate it for waiving or quitting its rights over a property.

Thomas Clowers chose neither of these methods but

continued to pay the annual rental, if it was actually

demanded. He died by drowning in c.1829 leaving no

3

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Figure 2.3. Detail of a map of Parramatta, showing the various buildings on part of Section 17 in 1895 (ML.M.Ser.4. 811/1801/-). Note that the masonry building at 79 George Street is the one erected in c.1837.

I I I I

I I I I I I I I I I I I I

NOTES

1.

2.

3.

4.

5.

6.

7.

8.

will, so that his estate had to be administered by

John Edye Manning, the Registrar of the Supreme Court of NSW. Manning sold the allotment to Nathaniel

Pay ten on 4 November 1830 for an undisclosed sum. 9

Nathaniel Pay ten was only buying the lease of the

property. As a twenty-one year lease, issued in 1823,

it only had fourteen years remaining. Pay ten chose to

convert his lease to a freehold title by paying

twenty-one years quit rent in advance, and his grant

was finally issued on 18 June 1840, probably after some delay.lO

The allotment remained the property of Nathaniel

Pay ten until his death. His widow retained it until she also died, when it was finally sold, in its

present configuration as lot 1 of the Pay ten

Subdivision, to a surgeon by the name of Isaac Waugh,

of Smith Street, Parramatta, for 1800 pounds sterling

on 31 January 1881. At this date the house on lot 1

was called "Perth House", not to be mistaken with its

present namesake at 85 George Street. ll

E. Higginbotham, P. Johnson, forthcoming, The Future of Parramattals past, an archaeological zoning plan, 1788 to 1844, Department of Environment and Planning, NSW.

ibid.

ibid.

Johnstone, 1836. AD Map 4799.

E. Higginbotham, P. Johnson, forthcoming.

ibid.

LTD. Book 25. No. 11.


4


9.

10.

11.

CSRL. 2/7827. Thomas C1owers, John Edye Manning, 22 June 1831; Court of Claims case no. 523, 18 November 1839.

LTO. Se r. 51, P., 57.

LTO. Book 213. No. 714.

5

I I I !I I 'I I I I I I I I I I I I I I I I

3.1. FURTHER RESEARCH

To fully assess the archaeological potential of the

buildings and other structures on the allotment, further research has been undertaken into various

aspects of the historical development of 79 George street.

The archaeological potential of sites in Parramatta

has already been assessed elsewhere in general terms.

Research themes were discussed under several headings, including the following:

1. Agricultural settlement, 1788 to 1790.

2. "Gaol Town", 1790 to 1790 (Public Buildings, 1788 onwards) •

3. From convict occupation to free enterprise, 1790

to 1823.

4. The development of the town by free persons, 1823 onwards .1

More specifically an archaeological excavation on this

site would be expected to provide evidence relating to

the following questions:

1. When did the allotment cease to be occupied by

convicts?

2. What is the correct position of the convict hut or

huts?

3. Is the building depicted on the 1823 map the same

as that on the c.1792 and c.1804 maps or another building? Or in other words, what is the sequence

6


3.2.

of buildings on the site?

4. At what date did free occupation of the site commence? Which buildings did free persons occupy?

Because the archaeological potential of pre 1823 sites

in Parramatta is so well established at this stage,

there was no need for detailed research into the identi ty of Thomas Clowers. However the abundance of

historical documentation for sites of a later date

diminishes the need to resort to archaeological investigation. It was therefore necessary to research

Nathaniel Pay ten in greater detail to establish whether

there were any issues which required the archaeological

investigation of buildings associated with him.

Thomas Clowers

Thomas Clowers (Clower, Flowers) was born in c.1773.

He was sentenced to 14 years transportation and arrived

in New South Wales on the "Barwell" in 1798. 2

By 1818 he had obtained his freedom, for he was granted

50 acres on the Windsor Road in that year.3 In 1823 he

claimed three allotments in Parramatta, namely Section

17, Allotment 22 (79 George Street), and in North

Parramatta, Section 5, Allotment 6, and Section 4,

Allotment 3. 4 On the 30 June 1823 he was granted

leases on two of these, namely the first, and second,

but not the third allotment mentioned above. 5 All

three allotments had buildings on them by 1823. 6

In the 1828 census Thomas Clower is recorded as a

stockholder, residing at Parramatta. He was married to

Eleanor Clower (maiden name unknown), born in c.1783,

who herself had been transported for seven years arriving in New South Wales on the "Earl Cornwallis" in

7

I I I I I I' , I I I I I I I I I I I I I I

3.3

1801. They are not recorded as having any children.

Also in 1828 Thomas Clowers held 100 acres, of which 40 acres were cleared and cUltivated. He possessed four

horses and sixty catt1e. 7

In c.1829 Thomas C10wers died by drowning. He had died

intestate so that his estate had to be administered by

John Edye Manning, the Registrar of the Supreme Court

of New South Wales. In 1831 J.E. Manning was moved to

write to the Colonial Secretary pointing out that

Thomas C10wers had owned two farms of 110 and 50 acres

each in the Field of Mars, originally granted to

Michae1 Fitzgera1d. Since the farms were separated by

a small piece of government waste land he requested to

purchase 50 acres to unite them for the benefit of the

family of the late Thomas C10wers. 7

The amount of property recorded in the 1828 census

appears to differ form the evidence obtained from other

sources. Further research may resolve this issue. In

addition it is not known on which town allotment or

farm he resided, or what activities were undertaken on each property. The archaeological excavation of Section

17, Allotment 22 may provide evidence relating to these

issues, and if so further detailed research will be

undertaken at that stage.

Nathaniel Pay ten

Nathanie1 Pay ten (Pay ton, Peyton) was born in c.1800 in

New South Wales. As such, he was one of the first generation of native born, or "currency 1ads".8 His

father, Isaac Peyten (Pay ton) , born in c.1755, was

sentenced to transportation and arrived in New South

Wales in 1798 on the "Barwe1l". By trade, Isaac Peyton

was a stonemason or builder, but unfortunately he did

not get off to a good start in the colony, for on the

8


deed granting him a fourteen year town lease in Sydney on 11 August 1804, Governor King had written:

"This lease was promised to Isaac Pay ton in case he built the Bridge but it was so badly done that a

great part of it fell down. I have therefore cancelled the lease".lO

His affairs improved, for on 13 April 1818 he

successfully tendered with William Watkins for the

construction of the Female Factory at Parramatta, for

4,778 pounds sterling. By 1828 Isaac Peyton, then aged 73, had retired and was a pensioner living at the Benevolent Asylum in Sydney.

As he approached maturity, Nathaniel Pay ten assessed

the opportunities available to him within the colony.

Unlike free settlers emigrating to Australia, who were

granted large tracts of land according to their

capital, with which to establish themselves as

pastoralists and landholders, the native born or

"currency lads" were not given this opportunity by

government. At most they were only allowed a few

acres. Therefore for many persons within the colony,

the opportunities at this time were few. The most

common choice for the unskilled was to become small

farmers, or alternatively innkeepers. ll Nathaniel Pay ten had the advantage of his trade as a builder,

for which he must have served an apprenticeship with

his father.

While the historical evidence is unequivocal in

indicating that Nathaniel Pay ten chose the building

trade as his principal occupation, it suggests that he

also participated in other activities as a farmer,

pastoralist, innkeeper and merchant or trader.

9

,I I .1 I I I I I I I I I I. a I I I I I I I

3.3.1. His farming and pastoral interests.

Nathaniel Pay ten made three unsuccessful attempts to

obtain land from government, "being anxious to improve a farm". His first application was dated 8 June

1820. 12 While 60 acres may have been approved, for

whatever reason, no grant was ever formally issued. 13

Having bought about 40 cattle from government in

c.1826, he made a second application, this time to rent

1280 acres near Bathurst on Campbell's River. On 25 July 1827 the government replied that under the

regulations less than 1920 acres could not be rented, and sent him a printed form on which to re-apply.15

Finally on 5 May 1829, having amassed sheep, cattle and

several horses, he made his final application for a

grant of land on which to depasture them. The

government made the following note on his memorial:

"No persons of this description can be allowed

grants - he has already received a town allotment

or one would have been allowed him".17

Thus his status as a "currency lad", and perhaps as the

son of a former convict, acted to prejudice his chances

against obtaining a free grant from government. However with the new regulations for the sale of crown

land proclaimed in 1831, the situation changed

dramatically. Any person, no matter what social class,

could buy crown land at auction, providing they had the

money.

Nathaniel Pay ten did not immediately purchase any crown

land, thus indicating that he did not have the

available capital, or was not prepared at this time to put funds into farming and grazing. However by 1835 he

10


was in a position to put up half of the total purchase

money of 504 pounds 9 shillings with Joseph Pye for 1180 acres on Campbell's River, just south of Rockley, N.S.W. (GEORGIANA, MOUNT LAWSON, 50) .18 This is the

first hint in the historical documentation of a

possible business relationship with Joseph and Thomas

Pye, of Eastern Creek, in the District of Bathurst (on

the Windsor Road, of ten referred to as Bathurst Less) in the County of Cumberland.

In 1837 Nathaniel Pay ten successfully applied for an

annual license to depasture stock on land neighbouring

the Campbell's River land. 19 By the l840s Thomas Pye was living here, and managing the farming and pastoral

activities. However on 26 June 1847 Nathaniel Pay ten

bought up the other half share for 252 pounds 4

shillings and 6 pence to gain outright ownership of the

1180 acres. 20 He kept the property for a number of

years only selling it on 9 February 1860 for a total of

550 pounds. 2l To extend his pastoral pursuits in this

area, Nathaniel Pay ten had also applied to lease 2

sections of land (a section equals 1 sq. mile, or 640 acres) on the Mudgee or Cudgegong River on 8 January

1844. 22

Other transactions which may relate to the farming and

pastoral activities of Nathaniel Pay ten include the

purchase of 40 acres (CUMBERLAND, ST. JOHN,?) beside

the Dog Trap Road (Woodville Road) for 25 pounds on 3

and 4 January 1840. 23 On 31 August 1843 he and James

Houison, his partner in the building trade, bought in

equal half shares a 200 acre farm near Castle Hill for

500 pounds. This farm was next to one belonging to the pye family.24 It was sold on 27 January 1854 for 1000

pounds. 25 Finally Nathaniel Pay ten came into

possession of another farm in the Hunter Valley (HUNTER, HUNTER, ? , 500 acres) before 1863 for he sold

11


it for 600 pounds on 10 July 1863. 26

The use to which these various blocks of land were put

can only be surmised. It was an established pattern to graze stock beyond the Cumberland Plain, and then

transfer it to the market place via pasture nearer

Sydney upon which it would regain its condition and be

fattened up. It is quite likely that Nathaniel Pay ten and his business partners were doing this since they

held the various blocks of land for a number of years.

It is difficult to fit the 500 acres in the Hunter

Valley into this pattern of husbandry without first

identifying its location, and the date and

circumstances whereby it came into his possession.

3.2.2. His public house, named the "Babes in the Wood" and

other trading activities.

As early as 1825 Nathaniel Pay ten received a license to

sell liquor,27 however the name of his public house,

the "Babes in the Wood", is first revealed in 1829. 28

This building was located on the corner of Smith and

George Streets, Parramatta, on Section 17, Allotment

22, purchased by Nathaniel Pay ten on 7 and 8 February

1826. 29

As with his agricultural activities, Nathaniel Pay ten

may have allowed others to manage his interests in the

"Babes in the Wood", for on 27 June 1837 he leased it

for five years to James Bridges of Parramatta for 100

pounds for the first three years, and 150 pounds for

the final two. 30

The only other indication of other trading activities

that Nathaniel Pay ten may have carried on are the

frequent notices in the newspapers for 1827 referring to his yard at Parramatta, and in one instance to the

12


sale of goods from Pay ten's Building in 1844. 31

3.3.3. His building career.

Had Nathaniel Pay ten not been trained as a stonemason

and builder by his father, his achievements may have

been no more than those described above. Many persons

of limited but independent means, who chose to be small

farmers or innkeepers, never improved their lot.

However Nathaniel Pay ten became a very successful

stonemason and builder, and used the profits derived

from his trade to purchase land and invest in property. The Reverend Samuel Marsden, Senior Chaplain in

Parramatta, stated in 1829 that Nathaniel Pay ten "has

done much labour in my Parish for different persons, from which he has acquired property".32

Only a few of the buildings erected by Nathaniel Pay ten

are known. He undoubtedly served part of his

apprenticeship with his father and William Watkins

constructing the Female Factory at Parramatta, and

stated that he worked as a stonemason on several other

public works. 33 In 1825 he commenced legal action

against William Howe to recoup damages and losses

incurred in the building of "Glenlee",

Road, near Campbelltown (figure '3.1) •

was contracted to build the Steam Mill

on the Menangle

Also in 1825 he for John Raine

on the Windsor Road (CUMBERLAND, FIELD OF MARS, 12, 20 acres). (Figures 3.2 and 3.3).35

While Nathaniel Pay ten was gaining a name for himself in

the building trade, he was also taking action to

provide not only for himself, but for his growing

family. While he had been unsuccessful in applying to

government for land grants, he was successful in his

first application for a town allotment. He sent in his

memorial on 16 June 1825 requesting such an allotment

13


, .. . . 11

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Figure 3.2. Front elevation and plan of the Darling Mills, erected between July 1825 and June 1826 by Nathaniel Pay ten for John Raine (also known as the Steam Mill). (ML.811.1318/1835/1).

I I I I I

I I I I I I I I I I I

Figure 3.3. A view of the Darling Mills or Steam Mill, taken in 1911 from the Bridge over the Parramatta River on the Windsor Road or Church Street (ML. SPF).


3.3.4.

near Mr. Raine's Steam Mill, which he was contracted to build. Due to bureaucratic delays in the Surveyor

General's Office the deeds to his allotment (Section

29, Allotment 1) were not issued until 19 July 1841, although he had possession of it at least from 1828. 36

One weatherboard cottage was erected on the allotment by l8?6. 37

Establishing a family home.

It is unlikely that he lived on this allotment in North

Parramatta, because on 8 February 1826 he bought three leasehold town allotments from William Watkins. (This

was the same person who had contracted with Nathaniel's

father, Isaac Pay ten, to build the Female Factory).

These were all located on the east side of Smith

Street, between George and Macquarie Streets, and

contained the public house, named the "Babes in the Wood" (Section 17, Allotments 3, 4, 21) .38 His address

is given as this public house when he was appointed a

Justice of the Peace in 1829. 39 In future years

Nathaniel Pay ten was to consolidate his holdings in

Section 17, until he possessed all the land bounded by

George, Smith and Macquarie Streets and Barrack Lane,

including Section 17, Allotment 22 on which 79 George

Street is located.

3.3.5. Investment in town allotments.

In the meantime, Nathaniel Pay ten must have considered

the purchase of vacant town allotments a good

investment. He probably held the view that he could erect buildings upon them at some future date, and

profit by sale or rental, either way recouping his

small initial outlay. He purchased a vacant leasehold

allotment on Campbell Street on 15 July 1826 (Section 3, Allotment 27) .90 A weatherboard house was erected

14


on this allotment only between 1836 and 1844. 41

His next opportunity was to purchase on 4 November 1830

the leasehold town allotment, with the building upon it, neighbour ing the "Babes in the Wood". (Section 17, Allotment 22, now 79 George Street) .42

He followed this up with the purchase of several

parcels of land on the subdivision of Joseph Seville's

50 acres in North Parramatta (CUMBERLAND, FIELD OF

MARS, 138). Between 10 December 1835 and 5 September

1836 he spent a total of 116 pounds 17 shillings and 6

pence on these allotments. 43 On none of them was any

building erected prior to 1844. 44

On 22 May and 1 November 1837 he purchase another four

leasehold town allotments, on this occasion from Isaac

Howarth. They made up the end of the block bounded by

Ross, Brickfield and Pennant (Victoria Road) Streets

(Section 6, Allotments 8,9,11,12) .45 One building had

been erected on the allotments fronting Pennant Street

by 1823, an additional weatherboard building by 1836,

but by 1844 the earlier building had been demolished. 46

3.3.6. "Perth House-, a new family home.

Since Nathaniel Pay ten leased the "Babes in the Wood"

to James Bridges for five years on 27 June 1837, it is likely that he had moved into a new house by that

date. 47 "Perth House", a masonry building erected

between 1836 and 1841, became the family home. 48 It

was located on the corner of George Street and Barrack

Lane, on the allotment that Nathaniel Pay ten had

purchased in 1830. (Section 17, Allotment 22. Now 79

George Street) .49 This "Perth House" should not be

confused with its namesake at 85 George Street. It remained the family home until Nathaniel Pay ten's widow

15


died in July 1877, whereupon the whole block was subdivided as Pay ten's Subdivision and sold in separate lots at auction (figure 3.4) .50

3.3.7. A business partnership with James Houison.

Throughout 1838, presumably on the proceeds of his

business activities, Nathaniel Pay ten continued to

purchase town allotments from the Crown in North

Parramatta. They were located on Clifford Street

(Section 29, Allotments 89, 90, 91), Albert Street

(Section 25, Allotment 1, and Section 24, Allotment

10), Harold Street (Section 24, Allotment 11), Fennel

Street (Section 18, Allotment 6), and Grose Street

(Section 18, Allotments 13, 14). He used a total of

143 pounds 19 shillings and 6 pence on this spending spree. 51

But most important of all in 1838 Nathaniel Pay ten

entered into a business relationship with James

Houison, a builder and architect, then residing in

Parramatta. They commenced by buying five town allotments from the Crown in North Parramatta, three on

Church Street, and two on Clifford Street, near the

site of the proposed Gaol (Section 27, Allotments 59 to

61, and 67, and Section 28, Allotment 74). They paid a

total of 85 pounds and 13 shillings for this land, the

deeds being issued on 22 November 1838, and 18 April 1839 respectively.52 By August 1846 they had built ten

semi-detached cottages on the three allotments facing

Church Street, sharing equally in all expenses. 53 They

no doubt intended to reap the benefit of the growing

demand for rental accommodation adjacent to the newly

completed Gaol.

16


=-

i I" v-- ' ... I ! "'.t. I I \J'l I>

I

[I, 'P 1

CJ-l\

'2.5538 '," .. ;;

". e·

:~, A"'~ 1\. pp , "

.," ,'2,\ •. 1 •••

I\;}' 1 . ,--\I_J ""; \ ._< '" ,:,,0»

\ , . ,... ,;.-g

, 0\

I.

A ,~,V" , ,.

t r - _----1-_

.\0 .,

!'l'.i 10' G"

I ~

N

G.G, .'

'" 0

'" ~

, r:;p l::k ,

i~ I QJ I ,...

.. ."i~ o 0>1

" I

~, , i I

- . 'w

0 --.

-0 aI .., t"'"

0 -~ (/)

~ .1 1\ ~ \\

t);) \ ' .. ..... ~ < • ~ (:0,

'" :c:-c l :.;)

~ ~ :S' -1

" .~.

~ ~

"-

G"' ~:

Figure 3.4. 'Pay ten's Subdivision' of part of Section 17, bounded by George, Smith, and Macquarie Streets, and Barrack Lane, sold as various lots between 1878 and 1882. (FP. 979404. LTO) •

/'I) ('l :3

--J

"0 QI .., .., Cl'

:3 QI

t"'" t"'" aI

)-od

>-~ ,..; ~ ~ . 1fl

tP <:::: ~ ~-=z


.. ~ -4" \

V'~-'~ ... ~~\ , ,.

/I •. • .. .....-...

, .. ., .,. ..

I •

, ....

"

.-

Figure 3.5. Detail of a map of North Parramatta in August 1846, showing the buildings constructed jointly by Nathaniel Pay ten, and James Houison in front of the Gaol on Windsor Road or Church Street. (AONSW. Map 4804).


3.3.8. The 1840s Depression.

The 1840s depression in woollen industry deeply

affected New South Wales, and land speculation, which had been rife in the 1830s; now collapsed. Many

people, who had mortgaged themselves heavily on the

security of their land and stock, went bankrupt.

Nathaniel Pay ten, in all his life, never took out a

mortgage over any of his property. It is unlikely

that he had a strongly held belief against borrowing in

this manner, for his many sons were not loath to do so.54 With an income derived from his many business

interests he may never have required a mortgage, and

this factor removed him from a possibly vulnerable

position. It is certain that he came through the 1840s

depression unscathed, obviously benefitting from his

building skills, the rental value of his properties,

and other interests which remained unaffected by ,depressed economic activity.

Nathaniel Pay ten did benefit from the misfortune of

others during these years. On 4 January 1840 he bought

40 acres on the Dogtrap Road (Woodville Road) south of

Parramatta, probably as a result of the forced sale of

property belonging to a person who had defaulted on

his mortgage. 55 Henry Harvey and his wife, Sarah, were

also forced to mortgage 160 acres in the Field of Mars, (CUMBERLAND, FIELD OF MARS, ?, ?, 130 and 30 acres) to

Nathaniel Pay ten on 14 August 1843 to cover a total

debt of 2725 pounds 10 shillings and 10 pence, due but

one year later. 56 They were eventually able to discharge themselves from this debt on 16 March 1855,

well after the depression had ended. 57 It was also

Henry Harvey who sold the Castle Hill farm of 200 acres

to James Houison and Nathaniel Pay ten on 31 August

1843, again the result of a mortgage default. 58

17


John Phillips, a yeoman residing in Parramatta, also

defaulted on his mortgage owing 200 pounds to Nathaniel

Pay ten, and on 24 February 1844 was forced to sign over

to him the title of his town allotment on Pitt Street with two weatherboard buildings upon it (Section 5, Allotment 1) .59

On 7 September 1841 George Sherwin and his wife, Mary,

had mortgaged to Nathaniel Pay ten and James Houison

several leasehold and freehold allotments in

Parramatta, and one in Melbourne for 1000 pounds. He became insolvent in 1844, and on 20 August 1847 the

trustees of his insolvent estate conveyed the

allotments to Nathaniel Pay ten and James Houison. This

was a great benefit to the former because it further

consolidated his holdings on the block containing his

family home by adding four more allotments to it (Section 17, Allotments 68, 69, 70 and 71) .60 Also

during the depression Nathaniel Pay ten secured in two

further purchases the only remaining allotment on this

block (Section 17, Allotment 2) for 345 pounds on 2 April 1840, and 9 October 1841 respectively.6l Thus he

now had, in part with James Houison, all the block

bounded by George, Smith and Macquarie Streets and Barrack Lane.

The only other mortgage default by which Nathaniel

Pay ten gained property concerned James Bridges, and his wife Catherine, to whom he had previously leased the

"Babes in the Wood". James Bridges had mortgaged his

allotment including two weatherboard buildings on

Macquarie Street to Nathaniel Pay ten on 15 June 1843

for 400 pounds at ten per cent interest for two years

(Section 13, Allotment 90). Upon default Nathaniel

Pay ten sold the property to his son, also Nathaniel

Pay ten Junior, for 125 pounds on 20 December 1847, but by some arrangement it subsequently reverted to

18


Nathanie1 Pay ten senior's ownership.62

Other debts to Nathanie1 Pay ten and James Houison incurred during the depression, for example Edward Drinkwater's 50 pounds debt, were settled in later years without involving the transfer of property.63

Nathanie1 Pay ten may also have chosen during these

years to assist those who were his business associates.

In 1844 he had applied to lease 2 sections on the

Cudgegong or Mudgee River, while in 1847 he bought up

the remaining half share of the 1180 acres jointly

owned by Thomas Pye and himself, his motive being

possibly to benefit both parties in this pastoral enterprise. 64

3.3.9. Converting leasehold to freehold title.

Nathanie1 Pay ten must have benefitted substantially

from the depression in terms of increasing his holdings

in property, even if he had lost sums of money through

those defaulting on his mortgages. As if to confirm

that he did benefit during these years he chose to

convert most of his leasehold allotments in Parramatta

to freehold title by paying the twenty one years

reduced quit rent in advance according to the

regulations of 25 August 1834. These included the four

allotments on Ross, Brickfie1d and Pennant Streets (Victoria Road) (Section 6, Allotments 8,9,11,12),

and the one on Church Street, in North Parramatta

(Section 17, Allotment 18), which he had bought from

Joseph Phi11ips on 5 May 1839. He also secured the

freehold title on three of the allotments adjoining

his family home (Section 17, Allotments 3, 4 and 22),

and one on Campbe11 Street (Section 3, Allotment 27).

The deeds to these were issued between 30 May and 30

November 1840, Nathanie1 Pay ten having paid a total of

19


244 pounds and 13 shillings. 65

In addition James Houison and Nathaniel Pay ten

converted one property on Aird Street to freehold title for 16 pounds 16 shillings, the deed being issued on 16

December 1842 (Section 3, Allotment 4)66. The three

remaining jointly held leasehold allotments were

allowed to run to the end of their twenty-one year

leases before they purchased the freehold title. They

were all adjoining Nathaniel Pay ten's family home, and

were purchased for a total of 16 pounds 3 shillings and 4 pence on 11 February, and 11 May 1854 respectively.67

3.3.10 Further important purchases.

Further confirmation that both Nathaniel Pay ten and

James Houison came through the l840s depression

unscathed is found in their two joint purchases on

Church and Marsden Streets in the town centre. They

purchased the Church Street allotment (Section 20, Allotment 9), with the buildings upon it, for 850

pounds on 13 December 1841. 68 The second allotment on Marsden Street they purchased on 4 January 1843 for 540 pounds (Section 24. Allotment 54) .69

These two purchases were the most expensive

acquisitions of their business partnership. allotments were vacant in 1836, but by 1844

Both

had buildings erected upon each. On the Church Street

allotment three masonry buildings were erected by 1844,

while on the other block of land two weatherboard buildings, one serving as a Presbyterian Chapel, and

one masonry building were present by that date. 70 By

the time Nathaniel Pay ten and James Houison ended their

partnership in 1860, a shop, a house, and the premises

of a boot and shoemaker were located on the Church

Street block, while six dwellings were located on the

20


Marsden Street property. Most of the buildings were

occupied by tenants, the owners receiving the rental income. 71

3.3.11. Other property transactions.

Prior to his retirement, Nathaniel Pay ten made a number

of other property transactions. These included the

purchase of yet another town allotment, fronting

Factory Street in North Parramatta, for 7 pounds and 2

shillings, title deeds issuing on 22 July 1853 (Section 25, Allotment 2A) .72

On 10 March 1855 he purchased the three brick cottages

still standing on Barrack Lane, Parramatta for 350 pounds (Section 17, Allotment 6, part).73

He bought two further town allotments on Clifford

Street, near the Gaol in North Parramatta, for 37

pounds, the title deed issuing on 5 March 1837 (Section 79, Allotments 5, 6) .74

On 7 August 1858 he purchased another allotment on

George Street, near Parra~atta Park for 237 pounds (Section 13, Allotment 3) .75

His last major purchases were five suburban portions in the Parish of st. John on land that had formed part of

the Government Domain at Parramatta. In all he bought

53 acres 2 roods and 27 perches for a total of 492

pounds 16 shillings and 11 pence. The deeds were issued on 12 April 1859 and 6 May 1861 (CUMBERLAND,

) 76 ST. JOHN. 109, 288, 305, 318, 319 •

The only aspect of Nathaniel Pay ten's property

transactions, which has not been thoroughly researched

as yet, concern his purchase of various portions in the

21

I I I,

I I I I I I I I I 'I' I I I I I I I I

subdivision of the Newland Estate in North Parramatta,

and of one portion in the subdivision of James Meehan's 100 acre farm, south of the town (CUMBERLAND, FIELD OF

MARS, 33, 112 acres, and CUMBERLAND, ST. JOHN, 194, 100 acres respectively) .77

The Newland Estate was sold off probably from the l840s onwards. Between them Nathaniel Pay ten and James

Houison purchased twelve portions (lots 18, 20-24, 40, 41,43,47-49).78

In the meantime Nathaniel Pay ten still had sufficient

capital to lend in the form of mortgages. One of these was reconveyed on 20 July 1859, for 400 pounds and

interest, to be distributed between himself and two

others, namely George Oakes and James Byrnes of Parramatta. 79

3.3.12. Retirement.

Historical documentation indicated that Nathaniel

Pay ten was concluding his affairs prior to retirement

during the l850s. In 1853 he no longer styled himself

in property transactions as a builder, instead titling

himself a gentleman, a landholder or as esquire. 80 In

addition he sold off the 1180 acres on Campbell's River in 1860, and the Castle Hill farm in 1854.

The close of his affairs is finally indicated by the

deed of partition to which both Nathaniel Pay ten and

James Houison were signatories. By this instrument,

dated 21 November 1860, they divided their jointly held property interests between them. Significantly

Nathaniel Pay ten retained his interest in the block

bounded by George, Smith, and Macquarie Streets and

Barrack Lane (Section 17, Allotments 68-70), and half

the property and buildings on the Church Street

22


allotment. 81 He subsequently sold the latter on 18

April 1864 for the handsome sum of 1250 pounds to James Gregg, a storekeeper of Parramatta. (Section 20, Allotment 9, part) .82

To finalise his affair he also sold off other

unnecessary holdings, one of the Newland estate

portions on 18 April 1861 for 500 pounds,83 one of the

suburban portions in the former Domain on 14 August

1862 for 140 pounds,84 and the 500 acres in the Hunter

Valley on 10 July 1863 for 600 pounds. 8S

In his retirement he was also concerned to assist his

children, for together with his son, Andrew, he gave his son, Edward, a substantial loan of 2000 pounds on

21 June 1860 to help him in his farming and pastoral

interests near Berrima. 86 Furthermore on 14 November

1862 he gave to his son, William Isaac, lot 18 of the Newland Estate, together with the house and other

buildings erected upon it. 87

Nathaniel Pay ten died on 2 December 1864, leaving to

survive him his widow, Susannah, and nine children,

William (b.1823), Nathaniel (b.182S), Andrew (b.1827),

Edward (b.1829), Susannah (b.1833), James (b.1834),

Henry (b.1837), Samuel (b.1841) and Joseph (b.1843).

Only one son, Thomas J., born in 1831, had died as a baby in 1832. 88

He was able to leave the majority of the land,

buildings and other property that he had acquired

during his life to his wi~ow and children. While he

had disposed of these properties associated with his

pastoral and farming interests, he had been very

sparing of his holdings in and around Parramatta. He

obviously left to his children the income from a large

number of rental properties, for he had disposed of

23


only a few of these during his lifetime. 89

3.3.13. Social and economic status of Nathaniel Pay ten.

The previous sections have sought to establish the

economic status of Nathaniel Pay ten, by thoroughly researching all available historical documentation.

However archaeology is concerned not only with his

career but also the careers of others to build up a

picture of life in N'ew South Wales in this period. The

only way to achieve this goal is by comparative means.

Thus before the economic position of Nathaniel Pay ten

can be established, substantial comparative research

will have to be undertaken, a commitment which is

certainly outside the scope of this report.

with regard to his social position, there is much

evidence that Nathaniel Pay ten had thrown off the

convict taint of his father to become a well respected,

and probably a leading citizen in the town of Parramatta.

The government's refusal to give him a land grant in

addition to his town allotment should not necessarily

be construed as prejudice against the offspring of an

emancipated convict, but rather as government policy which in general disadvantaged the "currency lads" or

native born youth.

The first evidence that others regarded Nathaniel

Pay ten with respect is found in the referees he was

able to obtain for his application for a land grant on

5 May 1829. They were the Reverend Samuel Marsden,

Archibald Innes, the Superintendent of Police, and John

and George Thomas Palmer, both Justices of the Peace. 90

In fact, Nathaniel Pay ten was made a Justice of the Peace in the same year.9l He had also subscribed to

24


3.4

the School of Industry in Parramatta. 92

During the 1840s Nathaniel Pay ten was requested by a

number of individuals to become a trustee for the equitable settlement of their property affairs, and in

one case was trustee of the insolvent estate of William

Newton. 93 In 1845 he was elected a member of the

Parramatta Mutual Protection Association. 94

The fact that his widow, Susannah Pay ten, was able to

ask James Byrne, the mayor of Parramatta, and James

Houison, her late husband's business partner, to

equitably divide the estate amongst her children in

1865 is a clear indication of her continuing social position after her husband's death. 95

Research issues relating to Nathaniel Pay ten.

The above biography of Nathaniel Pay ten (1800-1864) has

assisted in answering several issues, including:

1. the status of the allotment now forming 79 George

Street (Section 17, Allotment 22). From 1830

onwards it served a domestic purpose, namely as the

family home of Nathaniel Pay ten.

2. the absence of any industrial sites on the allotment in the nineteenth century, during his

occupation.

3. the social and economic status of Nathaniel Pay ten.

What further research issue can be usefully addressed

through archaeological excavation? Such an

investigation would reveal the detailed layout of the

house, its outbuildings, the sequence of alterations,

and additions, and perhaps the nature of the services

25


3.5.

provided (sewer connection, water reticulation, gas connection, etc.)

The house layout and the artifacts within it would provide a useful confirmation of the historical record

concerning the social and economic status of Nathaniel Pay ten. This contribution is made the more important

because it could be compared with sites concerning

which the social and economic status of the occupants

is unknown. The application of this comparative method

would be reduced by three considerations, namely the

number of comparative examples in the form of standing

buildings, the date range for Pay ten's house, c.1837 onwards, and finally the extent of historical

documentation available in other cases.

Thus, were it not for the more pressing need to

excavate for archaeological remains predating the

erection of Pay ten's house in c.1837, then the remains

of the house itself would not be sufficiently important

to justify the expense of excavation. In this case,

because of the need to excavate for earlier remains,

the investigation of the house may become an additional item for inspection.

The brick barrel drain.

The allotment now forming 79 George street is traversed

by part of the brick barrel drain formerly excavated on

the site of the Macpherson Centre, as well as on 83

George Street, Parramatta. 96 Using historical documentation and physical evidence, the drain was dated to between 1822 and 1828 (figure 3.6) .97

It is important to investigate the section of drain on

79 George Street in order to obtain further evidence on

construction techniques, dating and the use of the

26


/' ..-E

PARRAMATTA 18205 (, above 12 m AHD hill SOli

S-12m alluvium

below Sm

0 400m

Figure 3.6 Plan of the course of the brick barrel drain, from near Church Street, crossing the Market and Pound (B), and traversing 79 George Street immediately to the north of the Convict Barracks and Lumber Yard (D), finally to drain into the Parramatta River, north of Phillip Street. (E. Higginbotham, 1983) •


NOTES

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

drain since its completion. Dne of the most useful aspects of such an investigation would be the assessment of the relationship of the drain to the

various structures on this site (figure 2.1).


Mr. R. Sainty, and K.A. Johnson, 1980. Census of New South Wales, November 1828: c.1488.

LTD. Ser. 6. P.200, 13 January 1818.

Surveyor General, 1823. General return of allotments in the town of Parramatta, AD. 4/7576. George Street, no. 22: N. Parramatta, nos. 6, 17.

LTD. Bk. 25. Nos. 11, 265.


CSRL. AD. 2/7827. Thomas Clowers, John Edye Manning, 22 June 1831.

M.R. Sainty, and K.A. Johnson, 1980: P.389.

ibid: P.700.

LTD. Ser. 3C. P.154.

CSRL: passim. AD.

Memorials, 1820, no. 610. AD. 4/1825.

CSRL. AD. 2/7947. N. Pay ten, 5 May 1829.

14. ibid.

15.

16.

17.

18.

ibid: 18 July 1827.

M.R. Sainty, K.A. Johnson, 1980: P.389.

CSRL. AD. 2/7947. N. Pay ten, 5 May 1829.


19. Government Gazette, N.S.W., 1837: 202.

20.

21.



27


22.

23.

24.

25.

26.

27.

28.

29.

30.

31.

32.

33.

34.

35.

36.

37.

CSRL. AD. 2/7947. N. Pay ten, 8 January 1844.

LTO. Book Q. No. 469.

LTO. Book 4. No. 818.



Australian, 24 March 1825.

S.G. , 12 March 1829.

LTO. Book 176, No. 629.

LTO. Book M. No. 133.

S.G., 22 March, 12, 15, 19 October, 12, 14 to 31 December 1827; 5MB, 12 October 1844.

CSRL. AO. 2/7947. N. Pay ten, 5 May 1829.

Memorials, 1825, No. 634. AO. 4/1843.

ML. Ap.: 56; W.C. Wentworth, Legal letter book, A1440, P.69, 102-3.

Memorials, 1825, No. 634. AO. 4/1843.

ibid; LTO. Ser. 52, P.108. Quit rent was due from 1 July 1828 indicating possession.

Johnstone, 1836. AO. Map. 4799; W.B'. Meadows, 1844. ML. M4.811.1823/1844/1.

38. LTO. Ser. 51. P.58, 59; LTO. Book 176. No. 629.

39.

40.

41.

42.

43.

S.G., 12 March 1829.

Court of Claims, Case No. 668. AO. 2/7647.

Johnstone, 1836. W.B. Meadows, 1844.

Court of Claims, Case No. 523. AO. 2/7646.

LTO. Book J. No. 227; LTO. Book K. Nos. 300, 311, 312,313.

44. W.B. Meadows, 1844.

47.

46.

Court of Claims. Cases Nos. 266, 267, 268 and 269. AO. 2/7945.

G.C. Stewart, 1823. AO. Map 4907; Johnstone, 1836; W.B. Meadows, 1844.

28

I I I 47. LTO. Book M. No. 133.

I 48. Johnstone, 1836; W.B. Meadows, 1844; LTO. Book 213. No. 714; 1841 Census, Parramatta. No. 335. AO.

I 49. Court of Claims, Case No. 523. AO. 2/7646.

50. LTO. Book 176. Nos. 625, 628, 629, 630, 631, 983, 988; LTO. Book 204. No. 334; LTO. Book 213. No. 714 ; LTO.

I Book 216. No. 306; LTO. Book 217. No. 933; LTO. Book 220, No. 430; LTO. Book 249, No. 463.

I 51. LTO. Ser. 203. P.201; LTO. Ser. 204. P.13, 136, 143,

144, 227, 228, 232, 233.

I 52. LTO. Ser. 204, P.229, 230, 231; LTO. Ser. 206, P.72, 73.

53. J.J. Galloway, August 1846. AO. Map 4808; LTO. Book 14. No. 239.

I 54. LTO. Vendors Index, Pay ten, 1826 onwards.

I 55. LTO. Book Q. No. 469.

56. LTO. Book 4. No. 700.

I 57. LTO. Book 36. No. 709.

58. LTO. Book 4. No. 828.

I 59. LTO. Book 6. No. 429; W.B. Meadows, 1844.

I 60. LTO. Book 13. No. 287.

61. LTO. Book T. No. 14; LTO. Book X, No. 733.

I 62. LTO. Book 13. No. 986; LTO. Book 93. No. 352.

63. LTO. Book 14. No. 243; LTO. Book 20. No. 655.

I 64. CSRL. AO. 2/7947 • No. Pay ten, 8 January 1844; LTO. Book 17. No. 829, 830.

I 65. LTO. Ser. 50. P.241, 242, 243; LTO. Ser. 51. P.56-60, 123.

I 66. LTO. Ser. 53. P.38.

67. LTO. Ser. 238. P.165-167.

I 68. LTO. Book z. No. 748.

69. LTO. Book No. 3. No. 956.

I 70. Johnstone, 1836; W.B. Meadows, 1844.

I 29

I


71.

72.

73.

74.


LTO. Ser. 235. P.197.


LTO. Ser. 283. P.1013, 1014.

75. LTO. Book 56. No. 616.

76.

77.

78.

79.

80.

81.

82.

83.

LTO. Ser. 152. P.1115-1117; LTO. Ser. 173, P.1186, 1191.


ibid.


The change in his occupation or style occurs first on 17 September 1853. LTO. Book 28. No. 409.




84. LTO. Book 79. No. 241.

85.

86.

87.

88.

89.

90.

91.

92.

93.


LTO. Book 69, No. 131.


New South Wales Registry of Births, Deaths, and Marriages, Various Entries under Pay ten, Pay ton, and Peyten; M.R. Sainty and K.A. Johnson, 1980; LTO. Book 93. No. 350.

LTO. Book 93. No. 351-353, 377, 378, 821, 507. These allotments and buildings which were sold include the following: LTO. Book V. No. 471; LTO. Book 28. No. 409; LTO. Book 42. No. 748; LTO. Book 47. No. 448; LTO. Book 50. No. 202.

CSRL. AO. 2/7947. N. Pay ten, 5 May 1829.

S.G., 12 March 1829: 2.

S.G., 3 February 1829: 2.

LTO. Ser. 52. P.178, 186, 245; LTO. Ser. 236. P.42. Bk. 9, No. 38.

30


94.

95.

96.

S.M.H., 9 January 1845: 2.

LTO. Book. 93. No. 350.

E. Higginbotham, 1983. The excavation of a brick barrel-drain at Parramatta, N.S.W., in AJHA, Vol. 1: 35-39.

97. ibid: 37.

31


4.

NOTES.

SURVIVAL OF THE EVIDENCE.

The site of 79 George Street is presently occupied by

a two storey brick and concrete building, with a small

yard at the rear, adjoining Barrack Lane (figure 1.2) •

The remains of the c.1837 masonry building may have

been disturbed by the construction of the present

building. In turn both these developments may have

disturbed the archaeological remains of any previous

timber structures. It may be predicted therefore that

the earlier archaeological sites only remain intact in

subsoil, rather than topsoil. This was the situation

on the site of the only previous excavation of an early

building in Parramatta, but still the increase in

knowledge and the contribution of this excavation

largely offset the disadvantage of disturbed topsoil. l

In conclusion the sequence of development on 79 George

Street indicates that the archaeological remains of

early structures should survive.

1. E. Higginbotham, 1987 (forthcoming). The excavation of buildings in the early township of Parramatta, New South Wales, 1790 to 1820s, in AJHA, Vol. 5.

32

I I I I I I I I I I I I I

5. STATEMENT OF CULTURAL SIGNIFICANCE.

In accordance with the various conservation guidelines

for assessing the importance of archaeological sites, various concise statements are made concerning the

cultural significance of 79 George street and the

archaeological sites it includes. l It is upon this

summary statement that the recommendations for the conservation of the site depends.

The archaeological sites located on 79 George Street (figure 2.1) are significant because:

1. they possess the potential to contribute evidence,

not available from other sites, or by historical

research, on the development of the town of Parramatta.

2. Parramatta is one of only a small number of sites

which may reveal evidence on the early settlement

of New South Wales as a penal colony, and as a

unique experiment in the history of the British Empire.

3. Parramatta is one of two urban sites in Australia

I which can contribute evidence of urban development from the 1790s onwards.

I I I I I I I

NOTES.

1.

4. it is probable that they survive in good condition.

Australia ICOMOS. 1981. The Burra Charter; J.S. Kerr, 1982. The Conservation Plan, National Trust of Australia (NSW).

33


6. RECOMMENDATIONS.

This report has indicated that the archaeological sites

on 79 George Street are sufficiently important to

demand excavation prior to redevelopment. These sites include:

1. all buildings erected prior to 1823;

2. the brick barren drain;

3. the masonry building erected c.1837.

The latter archaeological site is in a subordinate

position to the others.

It is therefore recommended that:

1. The whole site should be subject to archaeological

excavation prior to redevelopment.

2. The following procedures should be adopted for

scheduling the development and archaeological

excavation timetables.

Before archaeological excavation

3. The archaeologist should apply to the Heritage

Council of N.S.W. for an excavation permit, first

having obtained the consent of the owner (by

signing the application) to excavate the site.

4. All standing buildings on the site should be

demolished to ground level, and the debris removed

from site, taking care not to disturb

archaeological remains, and leaving concrete slab

floors in place.

34


5. All services should be turned off, or notice drawn

to their location. Provision should be made to have water supply made available during the excavation.

6. The site should be fenced, sufficient to secure the

site (manproof fencing) while allowing access for

excavation equipment. For the security of the

archaeological excavation the site should not be visible from the street.

7. The archaeologist should be given two weeks, from

the date of commission for the excavation, to

assemble a team of archaeologists and to prepare equipment for the excavation.

8. The excavation should be scheduled sufficiently in

advance of development to allow for up to six weeks uninterrupted archaeological work.

During archaeological excavation

9. The excavation should commence by mechanical

excavation of the overburden from the site to open

up a single large area, leaving sections at the

edge of the site, and leaving sufficient

unexcavated space at the George Street front of the site for a site hut, parking, and archaeological

equipment.

10. The debris removed by mechanical excavation should

be dumped off site, to facilitate the rapid

completion of the excavation.

11. Once mechanical excavation is completed, the archaeological remains should be excavated manually

35


by a small team of professional archaeologists and others.

12. There may be a need to hire skips for the removal of debris from the manual excavation of the site.

After archaeological excavation.

13. Depending on the extent of excavation, or the

requirements of the developer which may limit

excavation, the archaeologist may recommend a

watching brief during the bulk excavation, once the

archaeological excavation is completed.

The watching brief involves an archaeologist being

on site during bulk excavation, either to record

and excavate a specified item, or record

archaeological remains in general. The latter is

unlikely in this case due to the prior

archaeological excavation of the site. In this

case the watching brief, if recommended, is likely

to be of short duration, of little cost, and is unlikely to delay bulk excavation machinery.

14. With the completion of the archaeological

excavation, sufficient time should be allowed for

the processing and conservation of objects

recovered from the site, the preparation of other

specialist reports, and finally the preparation of

a final report for publication.

15. Once the excavation is completed, appropriate

recommendations can be made for the storage, and/or

display of the objects recovered from the site

16. All objects recovered from the site are the

property of the owner.

36

I I I I I I I I I I I I I I I I I I I I

17. The most appropriate place for the long term

storage of archaeological relics is the Museum of Applied Arts and Sciences, in Sydney.

37


APPENDIX: SUMMARY OF THE PROPERTY TRANSACTIONS OF NATHANIEL PAYTEN, lS26-1S64.

Description

S.J.Sec.17.Allt.3.

S.J.Sec.17.Allt.4.

S.J.Sec.17.Allt.21.

S.J.Sec.3.Allt.27.

F.M.Sec.29.Allt.l

S.J.Sec.17.Allt.22.

GEORGIANA, MT. LAWSON. 50. 11S0 acres

CUMB.F.M.13S. part.

CUMB.F.M.13S. part

CUMB.F.M.13S. part

CUMB.F.M.13S. part.

CUMB.F.M.13S. part.

S.J.Sec.17.Allt.21. 5 year lease "Babes in the Wood", Public House

F.M.Sec.6.Allt.S

F.M.Sec.6.Allt.ll.

F.M.Sec.6.Allt.12.

F.M.Sec.6.Allt.9.

Acquisition (Debit)

8-2-1826

8-2-1826

8-2-1826

15-7-1826

1-7-1828(QR) FG

4-11-1830

12-8-1835 504. 9. O(M)

9/10-12-1835 37.7.6.

9/10-12-1835 8.0.0.

9/10-12-1835 9.10.0.

9/10-12-1835 10.10.0.

315-9-1836 52.10.0.

22-5-1837

22-5-1837

22-5-1837

1-11-1837

38

Proposal (Credit)

27-6-1837 100.0.0. 100.0.0 100.0.0 150.0.0 150.0.0

Reference

Case 521.

Case 522.

Bk.176.No.629.

Case 668.

Ser.52.P.I05.

Case 523.

Bk.17.No.829.

Bk.J.No.227.

Bk.K.No.311.

Bk.K.No.312.

Bk.K.No.313.

Bk.K.No.300. (Bk.M.No.145) •

Bk.M.No.133.

Case 268.

Case 266.

Case 267.

Case 269.

I I I Description Acquisition Proposal Reference

(Debit) (Credit)

I F.M.Sec.29.A11t.90. 19-5-1838 Ser.203.P.201. 27.6.0.

I F.M.Sec.29.A11t.91. lS-11-1838 Ser.204.p.137.

7.16.0.

F.M.Sec.2S.A11t.1. 17-11-1838 Ser.204.P.144.

I 19.10.0.

F.M.Sec.24.Allt.l0. 17-11-1838 Ser.204.P.136.

I 7.19.3.

F.M.Sec.24.A11t.11. 17-11-1838 Ser.204.P.143.

I 19.12.0.

F.M.Sec.18.Allt.6. 22-11-1838 Ser.204.P.227. IS.18.6.

I F.M.Sec.18.A11t.13. 22-11-1838 Ser.204.P.228. 17.3.0.

I F.M.Sec.18.Al1t.14. 22-11-1838 Ser.204.P.233. 18.19.9.

I F.M.Sec.27.A11t.S9. 22-11-1838 Ser.204.P.230. 17.1.3(M) (Bk.14.No.239) •

I F.M.Sec.27.Al1t.60. 22-11-1838 Ser.204.P.229. 20.12.6(M) (Bk.14.No.239)

I F.M.Sec.27.A11t.61. 22-11-1838 Ser.204.P.231.

18.7.6(M) <Bk.14.No.239) •

F.M.Sec.29.A11t.89. 22-11-1838 Ser.204.P.232.

I 9.1S.0.

F.M.Sec.17.A11t.16. 4/S-4-1839 Case S28.

I F.M.Sec.27.Allt.67. 18-4-1839 Ser.206.P.73. 12.7.0(M) (Bk.14.No.239) •

I F.M.Sec.28.A11t.74. 18-4-1839 Ser.206.P.72. 17.3.0. (M) <Bk.14.No.239) •

I CUMB.S.J.- 3/9-1-1840 Bk.Q.No.469. 40.0.0. 2S0.0.0.

I S.J.Sec.17.A11t.2. 1/2-1-1840 Bk.T.No.14.

I part 220.0.0.

I 39

I

I I I I I I I I I I I I I I I I I I I I J

Description

F.M.Sec.6.Allt.8.

F.M.Sec.6.Allt.9

F.M.Sec.6.Allt.ll.

F.M.Sec.6.Allt.12.

F.M.Sec.17.Allt.16.

S.J.Sec.17.Allt.3.

S.J.Sec.17.Allt.4.

S.J.Sec.17.Allt.22.

Acquisition (Debit)

30-5-1840 2.17.6. (C)

30-5-1840 22.11.6(C)

30-5-1840 32.0.6.(C)

30-5-1840 32.0.6.(C)

17-6-1840 24.3.0(C)

18-6-1840 13.2.6(C)

18-6-1840 15.9.9(C)

18-6-1840 39.18.0(C)

S.J.Sec.3.Allt.27. 30.11.1840 36.9.9(C)

F.M.Sec.18.Allt.3. It 18." 14 , pt

F.M.Sec.29.Allt.l. 19-7-1841

F.M.Sec.16.Allt.l0. Reconveyance

S.J.Sec.17.Allt.2 pt 819-10-1841 125.0.0.

S.J.Sec.20.Allt.9. 13-12-1841 850.0.0(M)

S.J.Sec.3.Allt.40 16-12-1842

S.J.Sec.24.Allt.54.

S.J.Sec.13.Allt.90.

16.6.(C)

4-1-1843 540.0.0(M)

15-6-1843 400.0.0. 10% interest

40

Proposal (Credit)

24-12-1840 25.0.0.

24-9-1841 116.0.0.

Reference

Ser.50.P.243.

Ser.51.P.60.

Ser.50.P.241.

Ser.50.P.242.

Ser.51.P.56.

Ser.51.P.58.

Ser.51.P.59

Ser.51.P.57.

Ser.51.P.123.

Bk.V.No.471.

Ser.52.P.I08.

Bk.Y.No.993.

Bk.X.No.733.

Bk.Z.No.748.

Ser.53.P.38.

Bk.3.No.956.

Bk.13.No.986.

"

I I I I I I I I I I I I I I I I I I I I

Description Acquisition (Debit)

CUMB.F.M.- 14-8-1843 2 portions,130 acres

30 acres mortgage

CUMB. •• 31-8-1843 200 acres 500.0.0(M)

S.J.Sec.5.A11t.1. 24-2-1844 Conveyance of equity 200.0.0. of redemption. Default on mortgage of -

GEORGIANA, MT. 24-6-1847 LAWSON. 50 252.4.6. 1180 acres

S.J.Sec.17.A11t.68 20-8-1847 " 17." 69 1000.0.0(M) " 17." 70 " 17." 71

Melbourne Sec.31. A11t.13. Conveyance of equity of redemption. Default on mortgage of -

Mortgage 7-10-1847 150.16.7.

S.J.Sec.13.A11t.90 Sale, caused by default on mortgage of -

Reconveyance

F.M.Sec.25.A11t.2A.

F.M.Sec.27.A11t.61. part

CUMB. -. -. 200 acres

22-7-1853 7.2.0.

S.J.Sec.17. A11t. 68. 11-2-1854. 4.16.8(C)

S.J.Sec.17.A11t.69 11-5-1854 2.6.8(C)

41

Proposal (Credit)

20-12-1847 125.0.0.

1-3-1851 150.16.7.

17-9-1853 240.0.0(M)

27-1-1854 1000.0.0(M)

Reference

Bk.4.No.700.

Bk.4.No.818.

Bk.6.No.429.

Bk.17.NOS.829, 830.

Bk.13.No.287.

Bk.14.No.243.

Bk.13.No.986.

Bk.20.No.658.

Ser.235.P.197.

Bk.28.No.409.

Bk.30.No.594.

Ser.238.P.165.

Ser.238.P.166.

r

l I I I I I I I I I I I I I I I I I I I ,I

---------------------------------------

Description

S.J.Sec.17.A11t.70

Acquisition (Debit)

11-5-1854 9.0.0(C)

S.J.Sec.17.A11t.6. 10-3-1855

CUMB.F.M.-2 portions,130 acres

30 acres Reconveyance

F.M.Sec.25.A11t.1. " 25 " 2A.

F.M.Sec.27.A11t.67.

F.M.Sec.79.A11t.5.

F.M.Sec.79.A11t.6.

F.M.Sec.28.A11t.74.

S.J.Sec.13.A11t.3.

CUMB.S.J.305

CU MB • S. J • 318

CUMB.S.J.319

CUMB.F.M.33.part lot 40

Newcastle, land in -Reconveyance

GEORGIANA,MT.LAWSON, 50. 1180 acres

Argy1e, land in -Mortgage

350.0.0.

5-3-1857 14.0.0.

5-3-1857 23.0.0.

7-8-1858 237.0.0.

12-4-1859 112.10.0.

12-4-1859 83.0.0.

12-4-1859 132.0.0.

21-6-1860 2000.0.0.? 7% interest.

42

Proposal (Credit)

16-3-1855 2725.10.10?

12-4-1856 100.0.0.

9-1-1857 50.0.0(M)

20-7-1857 30.0.0(M)

Reference

Ser.238.P.167

Bk.36.No.726.

Bk.36.No.709.

Bk.42.No.748.

Bk.47.No.448

Ser.283.P.1013.

Ser.283.P.1014.

Bk.50.No.202.

Bk.56.No.616.

Ser.152.P.1117.

Ser.152.P.1116.

Ser.152.P.1115.

13-7-1859 Bk.62.No.573. 130.0.0.

20-7-1859 Bk.62.No.292. 1/3? of 400.0.0

9-2-1860 550.0.0.

Bk.65.No.523.

Bk.69.No.131.


Description Acquisition Proposal Reference (Debit) (Credit)

CUMB.F.M.33.part 21-11-1860 Bk.70.No.100. lots 18,40,41,43 S.J.Sec.20.Allt.9,pt

n 24. n 54. F.M. n 13. " 9. CUMB.S.J.194,part. F.M.Sec.27.Allt.60,pt

" 27 " 61,pt Deed of Partition to J.Houison

CUMB.F.M.33,part 21-11-1860 Bk.70.No.100 lots 20-24,47-49 S.J.Sec.20.Allt.9,pt

" 17. " 68 " 17. n 69 n 17. n 70 " 17. n 71 n 3. " 40 " 5. " 1

F.M. " 27. " 59,pt " 27. " 60,pt

Deed of Partition to N. Pay ten

CUMB.F.M.33,part 18-40-1861 Bk.72.No.304. lot? 500.0.0

CUMB.S.J.I09 6-5-1861 18-40-1861 Ser.173,P.1191 96.5.0.

CUMB.S.J.288 6-5-1861 Ser.173.P.1186 69.1.11.

CUMB.S.J.305 14-8-1862 Bk.79.No.241. 140.0.0.

CUMB.F.M.33,part 14-11-1862 Bk.80.No.708. lot 18 Gift

HUNTER,HUNTER,- 10-7-1863 Bk.83.No.784. 500 acres 600.0.0

S.J.Sec.20.Allt.9,pt 18-8-1864 Bk.89.No.344. 1250.0.0.

Nathaniel Pay ten died on 2 December 1864. His property was distributed by deeds dated 6 May, 5,6 and 7 June 1865. (Bk.93, Nos. 350-353,377,378,507,821), and subsequently by deeds dated 15 November 1877,17,19,20,24, and 25 January 1878, 30 June 1880, 31 January, 23 March, 5 April, 19 May 1881, and 14 July 1882 (Bk.176.Nos.625,628,983,988,Bk.204,No.334: Bk.213,No.714: Bk.216.No. 306: Bk.217.No.933: Bk.220.No.430: Bk.249.No.463).

43


Explanation

Description

F .M. S.J. Sec. Allt.

= = = =

Parish, Field of Mars. Parish, St. John. Section. Allotment.

Other entries are in the form of COUNTY, PARISH, Portion No., acreage.

Acquisition (Debit), Disposal (Credit)

FG M QR Sums

= = =

of

free grant. moiety or half share of total price shown. date from which quit rent is charged.

money shown in pounds, shillings, pence.

Reference

Case = Court of Claims Case No. Ser. P = Series and page no. in grant register at the Land

Titles Office. Bk. No. = Book and Number in register books at the Land Titles

Office.

44

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