Proposed sale of land of Thomas William Birch

Proposed Sale of Land Belonging to the Late Thomas William Birch Esquire

Thomas William Birch died in Hobart on 1 December 1821 yet, due to technicalities with his will, attempts to sell his properties were not commenced until 1837. The properties were finally sold in 1839. The following articles were located in Trove.

Important to the Public

STRACEY & BURN,

Have the honour to announce, that a sale of the whole of the property of the late Thomas William Birch, will take place as soon at the proper and necessary surveys and plans of the several properties can be made-for the convenience of purchasers, the property will be Subdivided, and as a further accommodation, a very liberal credit will be given.

AMONG other Lots belonging to this Estate will be sold

The Macquarie Hotel and Grounds

The House, Offices, and beautiful Garden now ocoupied by Gamaliel Butler, esq.

The Brick Built Edifices adjacent thereto

The late Residence, Garden and Grounds, of Thomas Horne, esq. in Collins Street

As also the Gardens lately known at Job Neal's

Also the Grounds on the opposite side

Then all the 100 Acres of Land in Macquarie street, including the Farming Establishment, Tannery, etc

That desirable situation in Macquarie Street, now occupied by Mr. Brunton

ALSO,

That valuable property at the Lovely Banks, as well as several other farms-full particulars of which will be duly advertised, when the plans and surveys are completed.

The Hobart Town Courier Friday 5 January 1838

LORD v. BIRCH.

Before a Special Jury

Mr Simeon Lord, of St. Paul's Plains, brought this action to try the validity of the will of the late Mr. Thomas William Birch. The evidence was of a very conflicting character, some of the witnesses deposing that Mr. Birch was not of sound mind when he made his will. Mr. Lord had married one of Mr. Birch's daughters. The property is said to be worth upwards of £40,000. After a very long trial the jury returned a verdict for the plaintiff, so the property will be divided among the children. Had the verdict gone for the defendant, the whole property would have been locked up, as it is said that the heir-at-law is of imbecile mind, and a ward of the Court.

The Hobart Town Courier Friday 23 March 1838

PURSUANT to a decree of the Supreme

Court of Van Diemen's Land, made in a cause wherein Simeon Lord and others are complainants, and Robert Knopwood and others are defendants, the Creditors of Thomas William Birch, late of Hobart Town, Esquire, deceased, [who died in or about the year one thousand eight hundred and twenty-one] are, on or before the tenth day of November, one thousand eight hundred and thirty-eight, to come in and prove their debts before the Honorable John Lewes Pedder, Esquire, Chief Justice of the said Court, at his Chambers, at the Court House, Hobart Town, aforesaid, or in default thereof, they will be peremptorily excluded tho benefit of the said decree.

The Hobart Town Courier Friday 28 September 1838

Friday November 9

Sale-Estates of the late Thomas William Birch, Esq., Macquarie-street, on the premises-Stracey & Burn.

The Hobart Town Courier Friday 2 November 1838

Birch's Estate.-:By the advertisement which appears 'in another portion of our columns this day, we perceive that the whole of this property is at last announced for peremptory sale in the course of a few days. It is to be hoped that the delay which has occurred may not have been hurtful either to the interests of the family, or to the estate itself.

The Hobart Town Courier Friday 2 November 1838

Macquarie Hotel Walls.

STRACBY & BURN WILL SELL BY AUCTION,

This Day, the 2d instant, on the Premises, at 12 o'clock, in Lots,

ALL those Brick Walls bounding the garden and premises of the Macquarie Hotel, Hobart Town, appertaining to the Estate of the late Thomas William Birch, Esq., fronting on Collins, Harrington, and Macquarie-streets, also forming the boundary fence between the above property and that of Michael Lackey, 'Esq. These Walls were built of the best materials ever produced in the colony, and having had the benefit of nearly half a century's seasoning are now more valuable than ever.

Payment will be required in cash, and the lots must be removed at the expense of the purchaser, within six days from the day of sale.

The Hobart Town Courier Friday 2 November 1838

THE ESTATE OF THE LATE THOMAS WILLIAM BIRCH, Esq.

STRACEY & BURN Feel great pleasure in announcing that they have at length received instructions to dispose of all the Real Estates of that gentleman, in obedience to which they will Sell by Auction, without any reserve, on the premises, commencing at II o'clock, on Friday, the 9^th instant, in 74 Lots,

ALL those 100 Acres of Land, situated in Hobart Town, fronting on Macquarie, Liverpool, Goulburn, Davey, D'Arcy, Adelaide, and Anglesea-streets; also on Marine and Nile Terraces, intersected by the town rivulet, aqueduct, and other water courses ; in the immediate vicinage of the mansions and residences of J. H. Moore, W. Proctor, Hugh Ross, G. M'Killop, T. Learmonth, E. Hodgson, and J. Hackett, Esquires; also, the lands of Messrs. Harris, Dunkley, and Hurst ; the Glebe and Salvator Rosa Glen.

This very desirable property has been most judiciously divided and subdivided into lots,   varying in size, and presenting very peculiar eligibilities, so that persons seeking sites for private   residences upon the scale of a chateau or a cottage, will find spots to which even the stern sceptic must yield; then of no ordinary description are the natural facilities so fully presenting themselves in varied situations, which nature seems to have specially prepared for the election of mills, breweries, manufactories, and tanneries, (one of the latter, by the bye, long established, will be sold with lot 49).  

THE SOIL is deep and luxuriant, with an even surface, and the Botanist, Horticulturist, and Florist, need hardly be reminded their labours will never elsewhere meet the certain reward here so specially afforded them. Building material abounds, and to be brief, it would be difficult indeed to decide under which head to class the supreme advantage so evident upon each and every lot.

Payment will only be required as follows: Purchasers under £100 shall pay a cash deposit of 25 per cent, on the amount of purchase, and the remainder on the 9th November, 1839, with interest at 10 per cent, per annum; purchasers   above £100 and not exceeding £300, shall pay a cash deposit of £20 per cent , and the remainder by two equal instalments, on the 9th November, 1839, and 9th November, 1840, with interest, payable half-yearly, at the rate of 10 per cent, per annum; purchasers to the amount of £300 and upwards, shall pay a deposit of £15 per cent, and the remainder in four equal instalments, on the 9th November, 1839, 9th November, 1840, 9th November, 1841, and 9th November, 1842, with interest, at 10 per cent, per annum; but any purchaser will be at   liberty to pay the full amount of his purchase, with the interest that may be due thereon, at   any time within the prescribed period.

Printed particulars and conditions are in the press, and will be ready for delivery (gratis) in a few days, on application to Dr. Westbrook, Hobart Town; Simeon Lord, Esq , of Avoca;   Edmund Hodgson, Esq., Hobart Town; Mr. William Birch, Launceston ; Mr. Henry Birch, Mr. George Birch, and Mr. Arthur Sutcliffe, of Hobart Town ; Stracey & Burn, the Auctioneers Elizabeth-street; and Mr. James Thomson,   Surveyor, Liverpool-street, Hobart Town.

Printed particulars and conditions will also be left at the principal Inns throughout the Island.

STRACEY & BURN Are happy in at length being placed in the situation to have the honour to submit to public competition, without the slightest reservation, on Monday, the 12th instant, at 12 o'clock, THAT very valuable portion of the Estate of the Late Thomas William Birch, Esq , situated in the most desirable parts of Hobart Town.

The property to be sold on that day will be divided into sixty-one Lots, among which will be the Macquarie Hotel.

This, it is perhaps unnecessary to state, is a very large, substantial brick-built edifice, comprising numerous elegant, lofty, well-proportioned rooms, with extensive cellarage, out-offices, and buildings, garden grounds, yards, &c; and as a   family hotel, so much required in this metropolis, is in situation and internal arrangement more suitable than any other. But not to confine  these premises to that business alone, the Auctioneers confidently assert such buildings are suitable for any large establishment, either public or private.

Of those Premises in Macquarie and Harrington-streets, many years in the occupation of Galamiel Butler, Esq., sufficient is proclaimed of their extent, convenience, and peculiar comfort, by the veritable circumstance of so lengthened an occupation, by that gentleman.

That centrical and enviable Residence, long tenanted by Thomas Horne, Esq., with the delightful Garden, refreshed at the back by never-failing streams, is a property justly enviable.

As a matter of speculation and profit those Two Brick Cottages, at the comer of Hartington and Collins-streets, present irresistible inducement.    

For building, with a certain security of tenancey, the Premises now occupied by Mr. Brunton, In Macquarie Street, which will be sold in two lots, stand altogether unequalled.     

Those Large Allotments taken off the Macquarie Garden, fronting on Victoria, Collins, Macquarie, and Durham-streets, from their advantageous locality, either as residences for private gentlemen, bankers, merchants, professional men, for chambers or offices, unspeakably recommend themselves.

That Allotment between the Macquarie Hotel and the property of Michael Lackey, Esq., is a situation of all others most eligible for a Wine and Spirit Merchant.

The corner of Mr Butler's beautiful Garden, fronting on Macquarie and Harrington- streets, offers from its numerous local advantages, the best situation in town for a Gin Palace on the London Principle.

The Two Blocks of Land, between Collins Street and the Hobart Town Rivulet, hitherto known as Job Neal's Garden, come under that class of property deserving general and individual scrutiny. So densly is Hobart Town now studded with buildings that it is impossible a similar centrical extent of land can again be found for A Market: and the severe reproach of after ages would be avoided by this selection for that purpose. As a mere matter of private speculation it would prove A Mine of Wealth If however sold, as divided in 28 lots, the ingenuity of description gets at fault, in attempt- ing to discover which is the most valuable of the number, either public or private.

Payment will be required from purchasers under £100, in cash at the rate of £25 per cent., the residue to be paid on the 9th November, 1839, with interest at 10 per cent, per an- num. Purchasers of £100 and not exceeding £300 will be required to pay a deposit of £20 per centum, and the remainder in equal proportions on the 9th November, 1839, and on the 9th November, 1840, with interest at the rate of 10 per cent, per annum. From purchasers to the amount of £300 and upwards a deposit of £15 per cent cash will be required, the residue in equal proportions payable on the 9th November, 1839, 9th November, 1840, 9th November, 1841, and 9th November, 1842, with interest at 10 per cent, per annum.

But !! any purchaser may pay the whole of   his purchase on the day of sale or at any other time most convenient, with the interest that may be due thereon.

Printed particulars and conditions of sale are in the press, and may be had (gratis), in a few days, on application to Dr. Westbrook, Hobart Town ; Simeon Lord, Esq., of Avoca;   Edmund Hodgson, Esq., Hobart Town; Mr. William Birch, Launceston; Mr. Henry Birch,   Mr George Birch, and Mr. Sutcliffe, Hobart Town; Messrs. Stracey & Burn, the Auctioneers, Elizabeth-street ; and Mr. James Thomson, Liverpool-street, Hobart Town ; also at all the Inns and places of public resort through- out the Island.

Agriculturists in General, And particularly those gentlemen who have so repeatedly inquired when the Sale of the valuable Farms of the late THOMAS WILLIAM BIRCH, Esq , would take place, are now respectfully informed, by STACEY & BURN, that at their Mart, on Friday, the I6th inst., at one o'clock, they are instructed to submit to the Hammer, positively to the highest bidders, THE following FOUR VALUABLE ESTATES: -

Lot I.

Fifteen Hundred Acres of Land, most appropriately called The Lovely Banks, with the dwelling-houses, barns, stabling, out- building, farm yards, &c.

The Auctioneers feel it would be a waste of time to enter into detailed particulars in an advertisement, those general and minute advantages of which it is impossible to divest this Estate. The situation on the main road, from the earliest formation of the colony, having rendered its value and beauties a topic of the utmost notoriety; the agreeable distance from   Hobart Town, the opening it affords for an Inn, the extent and value of the grazing land for sheep, the fertility of the soil, are only to be considered among a few advantages wholly unalienable from this Estate.

Lot II.

Two Thousand Acres of Land, situated at the Hollow-Tree Bottom, with all the buildings, yards, and erections thereon. This Estate is equally well known as lot one, and will prove to those unacquainted with it, one of the best farms in the colony. The soil is of the luxuriant and most valuable description, and to be its possessor alone, is to have the command of an independence.

 Lot III

Will comprise Two Hundred Acres, called The Duck Holes, situated near Richmond, on which is a Dwelling-house, yards, &c, a considerable portion is in cultivation, and securely fenced. Any per- son satisfied with ease and competency, will find this property exactly meet their views and wishes.

Lot IV

Will be a small Farm of Thirty Acres, called LYNCH'S, with a neat cottage and buildings, all securely fenced and cultivated, situated at Kangaroo Point. The contiguity of this little property to Hobart Town, renders it of incalculable value to any person desirous of relief after the fatigues of business in town, independent of which, for the extent, it is productive in an extraordinary degree.

Payment will be requested by a cash deposit at the rate of 15 per cent, on the day of sale, the residue to be paid in four equal instalments, on the 16th November, 1839, 16th November, 1840, 16th November, 1841, 16th November, 1842, with interest at the rate of 10 per cent, per annum, payable half-yearly, unless any purchaser prefers paying cash, which he may do on the day of sale, or at any subsequent period, with the interest due.

Printed particulars and conditions of sale are in the press, and may be had (gratis) in a few days, on application to Dr. Westbrook, Hobart Town; Simeon Lord, Esq., Avoca; Edmund Hodgson, Esq., Hobart Town; Mr. William Birch, Launceston; Mr. Henry Birch, Mr. George Birch, and Mr. Sutcliffe, Hobart Town;   Messrs. Stracey & Burn, Auctioneers, Elizabeth-street, and Mr. James Thomson, Liver pool-street, Hobart Town.

The above information is taken from The Hobart Courier Friday 2 November 1838 page 3.

Similar information was also in The Hobart Courier Friday 9 November 1838 page 3

However in The Hobart Courier Friday 16November 1838 page 3 the following notice appeared:

Particular Notice

MESSRS. STRACEY & BURN beg to state, the sale of BIRCH'S ESTATE is postponed.

1839

In the Supreme Court of Van Diemen's Land-in Equity, TO BE SOLD IN LOTS, PURSUANT to a Decree of the Supreme Court of Van Diemen's Land, made in a cause of Lord and others v. Knopwood, since deceased, and others, with the approbation of His Honor the Chief Justice, on the premises, sometime in the month of January, 1839, of which due notice will be given, certain PREMISES situate in and near Hobart Town, late the property of Thomas William Birch, Esquire, deceased.

Particulars whereof may in a short time be had, (gratis), at the office of the clerks of the Supreme Court; of Messrs. Cartwright and Allport; Mr.Stanley; Messrs.Butler and Son; and at the offices of Messrs. Horne and Wynne.

The Hobart Town Courier Friday 4 January 1839 page 3

Monday February 25

Sale-Land in Macquarie-street, Davey-street, and Liverpool-street, the property of Thomas William Birch, Esq -Mr, Stracey

The Hobart Town Courier Friday 22 February 1839 page 2

To be Peremptorily Sold, Pursuant to a decree of the Supreme Court of Van Diemen's Land, in equity, made in a case Lord versus Knopwood, with the approbation of the Hon. John Lewes Pedder, Esq., the Chief Justice of the said Court, on the premises, on Monday, 25th day of February, 1839, at 11 o'clock in the fore- noon, in seventy-five lots, BY MR. STRACEY, The Person appointed by His Honor, ALL those several pieces or parcels of Land, save and except lot fifty-seven, situate in and near Macquarie-street, Davey-street, and Liverpool-street, in Hobart-town, late the property of Thomas William Birch, Esq.

Printed particulars and conditions of sale whereof may be had (gratis) at the office of the Clerks of the Supreme Court; of Messrs. Cartwright and Allport; Messrs. Horne and   Wynne; Messrs. Butler and Son; and Mr. Stanley, solicitors, Hobart-town ; and of Messrs. Stracey and Burn, auctioneers, Eliza- beth-street ; and of Mr. James Thomson, surveyor, Liverpool-street, Hobart-town,

(Signed) J. L. Pedder, C. J. February 13.

The Hobart Town Courier Friday 22 February 1839 page 3

Tuesday March 5

Sale-Premises of the late Thomas William Birch, Esq., in Macquarie, Harrington, and Collins-streets-Mr. Stracey

The Hobart Town Courier Friday 1 March 1839 page 2

To be Peremptorily Sold, Pursuant to a Decree of the Supreme Court of Van Diemen's Land, in Equity, Made in a Cause of Lord v. Knopwood, With the appropriation of the Hon. John Lewes Pedder, Esq , the Chief Justice of the said Court, On the Premises, on Tuesday, the 5th day of March, 1839, at 11 o'clock in the fore- noon, in sixty-one lots, BY Mr. STRACEY, The person appointed by His Honor, ALL THAT MESSUAGE OR TENEMENT, called and known by the name of the MACQUARIE HOTEL In Macquarie Street, Hobart Town, with the Garden thereunto belonging, and also all that Messuage or Tenement, Situate and being in Harrington Street, Hobart Town, with the Garden thereto be longing, now in the occupation of GAMALIEL BUTLER, ESQUIRE.

AND ALSO, ALL THOSE Two Messuages or Cottages, In Harrington Street, in Hobart Town, with the Garden thereto belonging, now or Late in the occupation of Mr. Edgar and Mr. Cooke.

AND ALSO, ALL THAT Messuage or cottage, Situate and being in Collins Street, Hobart Town, with the Garden thereto belonging, late in the occupation of THOMAS HORNE, ESQUIRE.

AND ALSO, ALL THAT MESSUAGE OR COTTAGE, With the Workshops and Garden thereto adjoining, in Macquarie Street, in Hobart Town, now in the occupation of Mr. BRUNTON

AND ALSO, ALL THOSE GARDENS AND PIECES OF LAND, in and near Collins Street, Harrington

Street, and Macquarie Street, lately in the occupation of JOB NEALE AND OTHERS, Late the Property of Thomas William Birch, Esquire

Printed Particulars, and Conditions of Sale, whereof may be had (gratis) at the office of the Clerks of the Supreme Court; or at the offices of Messrs. Cartwright and Allport, Messrs. Horne and Wynne, Messrs Butler and Son, and Mr. Stanley, Solicitors; Messrs Stracey and Burn, Auctioneers; and Mr. James Thomson, Surveyor, Hobart Town.  

(Signed) J. L. PEDDER, C. J. Feb. 13, 1839

The Hobart Town Courier Friday 1 March 1839 page 3

[NB: A messuage is a dwelling]

To be Peremptorily Sold, Pursuant to a Decree of the Supreme Court of Van Diemen's Land, in Equity, made in a cause Lord v. Knopwood, with the approbation of the Honorable John Lewes Pedder, Esq., the Chief Justice of the said Court,  AT THE ROOMS OF STRACEY & BURN, In Elizabeth Street, Hobart Town, On Saturday, the 11th of May, at one o'clock In Four Lots, BY MR. STRACEY, The Person appointed by His Honor, ALL that Messuage or Tenement, commonly called and known by the name of the Lovely Banks, together with the land thereunto belonging, and the barns, stables, sheds, and other out-buildings thereon, containing 1,900 Acres of Land, situate, lying, and being in the district of Green Ponds, Van Diemen's Land.

And also, all those 2,000 Acres of land, situate, lying, and being in the district of Bath, in Van Diemen's Land, with the house, sheep, and cattle yards thereon, and now commonly called and known by the name of the Hollow Tree Bottom

And all that Estate called and known by the name of Duck Hole Farm, Containing 200 Acres of land.

And all that Piece or Parcel of Land, containing Thirty Acres, situate, lying, and being at or near Kangaroo Point, Richmond, in the district of Clarence Plains, Van Diemen's Land, commonly called and known by the name of  Lynch's Farm, Late the Property of Thomas William Birch, Esq.

Printed particulars and conditions of Sale may be had (gratis) at the office of the Clerks of the Supreme Court, or at the offices of Messrs. Cartwright and Allport, Mr. Blizard Stanley, Messrs. Horne and Wynne, Messrs. Butler and Sons, Solicitors; Messrs. Stracey and Burn, Auctioneers ; and Mr. James Thom- son, Surveyor, Liverpool-street, Hobart Town.

(Signed) J. L. PEDDER, C.J.

The Hobart Town Courier Friday 26 April 1839 page 3