smyth, john kane 1836-1891 references...john kane smyth (1836-1891) references adelaide observer (sa...

JOHN KANE SMYTH (1836-1891) REFERENCES

Adelaide Observer (SA : 1843 - 1904), Saturday 2 July 1853, page 7

AUSTRALIAN AFFAIRS IN NEW YORK — LINE OF STEAMERS — CLIPPERS LAID ON.

[Abridged from the Argus of June 24.)

An interesting letter from a New York correspondent appears in the Boston Past of the 18th February, giving some account of Australian affairs in that city, which to those concerned in the trade of that country with our own will not fail to be acceptable.

Isaac Newton (of Hudson River notoriety), G. Snow, Henry C. Bowen, and Benjamin Howard, are appointed Directors to manage the concerns of a corporation to be called the Australian Steamship Company, with a capital of 300/ 00 dollars, with the liberty to increase it to 4,000,000 dollars. Messrs. Duncan, Sherman, & Co. are the bankers.

The Golden Age is the pioneer ship, and will cost about 300,000 dollars. Her frame was got out for the fifth Collins' liner, the Adriatic. She will accommodate 200 first-class passengers, 200 second ditto, and 800 third ditto. Price of passage, 350 dollars, 200 dollars, and 150 dollars, respectively. She will sail about 1st of May for Australia, and then commence her trips between the ports of the golden land and Panama; and it is expected that thirty eight days will land passengers and specie in New York from Sydney, and that gold-dust can be delivered from Australia via Panama, at the Bank of England, in less that fifty-five days.

Freight on gold dust will be about 3 per cent. This route will be the most popular one with the merchants of Australia—so says Mr. Clarke, United States Consul at Sydney. If the first boat succeeds, three others will follow as soon as they can be brought out. I understand the owners of the Ericsson thinks of sending her to Melbourne!

The Australian fever seems to be raging here as well as at Boston. I notice among the ships up, are the Castillian, Euphrasia, Panama, Resolute (new clipper) American, Canton, Theoxina, Bavaria, Florida, Frigate Bird (clipper), Josephim, and St. Thomas, and several others are under treaty for.

These ships are mostly taking provisions, flour being the dominant part; about 40,000 barrels cleared on ship board, and engaged; the balance of the cargoes are made up with nicknacks.

The City of Norfolk, a 500 ton steamer, was sold a few days since for 45,000 dollars, or thereabouts, to go to Melbourne. She will be put up for passengers

Launceston Examiner (Tas. : 1842 - 1899), Tuesday 31 May 1853, page 5

MISCELLANEOUS. "……….In the beginning of February there were ten ships up in New York for Port Phillip. The Euphrasia, 1200 tons, was to sail from New York for Melbourne February 20.

New York Daily Tribune Wed 2nd March 1853, page 8. Passengers Sailed. [26 Feb 1853] In the ship Euphrasia for Australia â€“ John H. McCaw, D. Galigan, Jr. and lady, P. Wilkinson, H Ryreath, H. Kruger, A. Picket, Jas. Connolloy, J. Waugher, P. Thornton, G.A. Young, J. Berwick, D. Berwick, C. Lagergrow, A. Lovering, M. Smith, B. Williams, T. Skidmore, H. Lyman, J.Quinn, J. Delson, W.M. Dewey, J. Smith, C. Gilmore, S. Allen, J.K. Hanery, S.D. Dyke, W.B. Pratt, Robt. Russ, Mrs. Auskins, A.A. Carleton, D. Pound, B.R. Van Horton, T. Ristedt, George M. James, W. Merker, J. Hawkins, W. Levandale, W.N. Breeden, Jas. Newell, George Johnson, Charles Burt, A. McVean, R. Walker, Joseph Darrah, J. Daniels, E. Carter, W. Davidson, E. Card, J.K. Frazer, C. McMerriom, A. Woods, U. Flemming, C. Taslor, D.C. Cleaveland, D. Ledbeater, J. Vewden, J. Dodge, S.A. Waters, T. Dale, J.C. Catlan, W.F. Custler, W. Blisson, J. Westrey and lady, J.M. Manners, lady and son, J. Pierce, H. Phillips, J. Munds, S Roymer, W. Walturo, A. Crumbugh, J Stoddard, Robert Smith, J.S. Shearer and son, J. McQuin, C. Dickson, J. Casey, lady and two children, J. Eden, W. Tune, I.C. Whitehead, H. Moore, W.A. Jones, W.W. Morrison, Thomas Watts, J. Lawson, J. Newlan and lady, William Kirkpatrick, G. Blackburn, T. Miller and lady, H. Kirkpatrick, lady and child, E.C. Pounce, Thomas W. Moore, T. McGurh, L.J. Smith, S.O. Smith, jr., W.M. Smith, D.M. Ware, A.H. Carey, W.I. Jordon, J.W. Jordon, W. Stephenson, W. Carroll, J. Hewitt, John Kerl, George Henderback, Robert Fodice, M. Moran, J. Kealer, James Walker, Geo. Johnson, H.K. Wood, C.F. Coles, J.K. Smyth, A.I. Holmes and lady, C.W. Cooke, lady and five children, J. Evans, J. Jackson, Mrs. Cooch, J Hilderbrand, E.O. Cole and lady, C.R. Walker, Wm. Craig, J.C. Stoddard, W. Sellers, L.L. Harrisson, Chas. McNu(?), Mr. Jones, W. Fierden, J. McCrea, J. Litchfield, W. Cavenah, G. Winsor, G.E. Livingston, G.H. Depent, Luke Plunkett, G. Secono, G.P. Walker, wife and two children, J. Dailey, J.J. Kennedy, P. McGill, wife and child, U. McQuinn, John Finlayson, E. Walker, J. Hunter, A. Orminston, W.H. Morgan, Peter Connelly, N.S. Heald,, J. Fulton, Walter Anderson, D. Anderson, W. Stewart, Miss J. Steward, J. Myers, J.R. Fober, J.R. Fober, J.G. Haglet, J. Greenaway, Robert Grazier, Chas. Saur, T. Leonard, B.F. Jones, T.M. Steward, M.W. Horton, B. McBlakey, J.W. Green, L.P. Green, J. Carleton, Ed. Billings, H.A. Clark, Thos. Gilmore, Mrs. Skinner, W. Gamble, J. Motley, J. Workman, E.C. Stafford, J. Smith, U. Wilkens, Adam T. Castor, Geo. Tune, D. Doak, M. Creighton, Richmond Rome, S. Richards, J. Richards, John Philips, I. Brooks, T. Bell, A. Penkerton, J. Walker, J. Moon, F.F. Blundell, J.H. Slater, J. Cain, Dr. Hayes.

Argus (Melbourne, Vic. : 1848 - 1957), Saturday 21 May 1853, page 8

The undersigned have established a house in this city, under the firm of Dennistoun, Brothers, and Co., for the transaction of Exchanges, Produce and General Commission Business, in connection with J. and A. Dennistoun, of Glasgow; Alex, Dennistoun and Co., of Liverpool : Dennistoun, Wood, and Co., of New York ; and A. and J. Dennistoun and Co., of New Orleans.

The business of Dennistoun, Brothers, and Co., will be conducted by James McCulloch, formerly of Glasgow, and Robert Sellar, formerly of New York.

ALEX. DENNISTOUN, Glasgow. JOHN DENNISTOUN. London.

WILLIAM WOOD, New York. [This is JKS’ uncle, a Scotsman, who married Harriet Amelia Kane]

WILLIAM C. MYLNE, Liverpool

WILLIAM CRAWFORD, Glasgow.

JAMES McCULLOCH, Melbourne [Later Premier of Victoria]

ROBERT SELLAR, Melbourne [mentioned by Maria de Peyster and sister Molly Smyth in letters to JKS. Chairman of Sands and MacDougall later]

Melbourne. 2nd May, 1853.

Sydney Morning Herald (NSW : 1842 - 1954), Tuesday 9 August 1853, page 4

CAPE OF GOOD HOPE.

TABLE BAY. - Arrivals: June 14. Adela, from London 29th April, bound for Sydney; Indianola, from New York 6th April, to Port Phillip. The following vessels were also laying at the Cape for the colonies :-Durham, Harmony, Euphrasia, and Fortuna, for Port Phillip.

The American emigrant ship Euphrasia was compelled to put into Bahia, on account of a severe gale she encountered, and where she found the American clipper ship Peytonia, which had gone into Bahia from a similar cause. While in port the Peytonia lost six passengers, and the Euphrasia one, from yellow fever. The Euphrasia left on the 29th April, and the Peytonia the day before.

Argus (Melbourne, Vic. : 1848 - 1957), Wednesday 10 August 1853, page 4

SHIPPING INTELLIGENCE.

August 8 - Euphrasia, ship 500 tons, A M M S Smith, from New York, Bahia, and the Cape of Good Hope, June 25th Passengers-cabin Mrs Newland, Mrs Cook and family, Mrs Galliger, Mrs Holmes, Messrs Cook, Holmes, Galliger, Heyler, Kirkpatrick. Hayes, Lawson, Dahrah, Van Housen, Pinkerton, Morrlsson, Blackburn, Roystead, Pratt, and two hundred and twenty-four in the Intermediate and Steerage. McCaw and Co., agents

Sydney Morning Herald (NSW : 1842 - 1954), Wednesday 17 August 1853, page 3


VICTORIA.

MELBOURNE-Arrivals : August ……. 8. Sartelle, from New York May 11th, 4 passengers ; Iron Prince, steamer, from Liverpool April 6 ; Euphrasia, from Cape of Good Hope June 25, 244 passengers ;

Letter 1 Mar 1855 to JKS from his sister Mary Grant Smyth

Addressed: Mr. John K Smyth care of Messrs Dennistoun Bros & Co Melbourne Australia

Letter 1 Mar 1855 to JKS from his sister Mary Grant Smyth

Addressed: Mr. John K Smyth care of Messrs Denistoun Bros and Co Melbourne Australia via England

Letter 22 Oct 1855 to JKS from his aunt Maria de Peyster

Addressed to Melbourne

Sydney Morning Herald (NSW : 1842 - 1954), Monday 11 January 1858, page 1

THE SUSPENSION OF MESSRS. DENNISTOUN' AND CO., OF GLASGOW.

The following notice of the suspension of this large house is taken from the Home News of the 16th November.

The suspension of the latter (Messrs. Dennistoun and Co.) was announced late on November 7, and has occasioned great regret; though the ultimate result is never doubted. The firm is one of the largest connected with the American trade in Great Britain. Their liabilities, it is feared, cannot be much short of £2,000,000. These are spread, however, very extensively, and it may, therefore, be hoped will not fall on any particular district with such force as to cause further heavy disasters, Messrs. Dennistoun have houses in New York and New Orleans, and the almost total cessation of remittances from those points has rendered their stoppage unavoidable. The head establishment is in Glasgow, where it has existed upwards of 70 years, and there are branches in Liverpool and London. At Melbourne, in Australia, they have as correspondents, Messrs. Dennistoun, Brothers, and Co., but happily that firm will not be compromised. The private property of the partners in real estate and other possessions, is known to be of great magnitude, and it seems scarcely possible that even under the worst circumstances their embarrassment can be more than temporary. Although anxiety has been felt with regard to them for several weeks past, their honourable standing has never for a moment been called in question, and there will be on all sides a disposition to promote every arrangement that may be calculated to hasten the possibility of a complete resumption. Subjoined is the circular issued : -

"November 7.-We have the painful duty of informing you that our establishments in this country are obliged, by the almost entire suspension of the usual remittances from the United States, to ask you and their other creditors to allow them time for the payment of their debts. This necessity has arisen so recently out of the monetary crisis in America that it is not in our power to say immediately what indulgence we may require, but while awaiting further advices from abroad we will place our books in the hands of well-known accounts in London and Glasgow with a view to prepare full statements of our affairs, and we propose calling a meeting of our creditors in London on the earliest possible day, when we hope to lay before you such a proposal as will meet with your approbation.

" Our houses of Dennistoun, Wood, and Co , of New York, and A. and J. Dennistoun and Co., of New Orleans, are identical with the houses in Great Britain, but the house of Dennistoun, Brothers, and Co., of Melbourne, is a distinct establishment.-We

are, &c"

" J. and A. DENNISTOUN, of Glasgow. _ .

" ALEXANDER DENNISTOUN and Co., of Liverpool. "DENNISTOUN, CROSS, and Co., of London."

The Age 3 Nov 1858

PATENT for Improvements in Machinery for Crushing Quartz and for Amalgamating. — This is to notify that John Kane Smyth, of Melbourne, in the colony of Victoria, did, on the 29th day of October, deposit at the office of the Chief Secretary, in Melbourne, a specification, or instrument in writing, under his hand and seal, particularly describing and ascertaining the nature of the said invention, and in what manner the same is to be performed ; and that by reason of such deposit the said invention is protected and secured to him exclusively for the term of six calendar months thence next ensuing. And I do further notify that the said John Kane Smyth has given notice in writing, at my Chambers, of his intention to proceed with his application for letters patent for the said invention, and that I have appointed Wednesday, the 1st day of December next, at ten o'clock in the forenoon, at my Chambers, to hear and consider the said application and all objections thereto ; and I do hereby require all persons having an interest in opposing the grant of such letters patent to leave before that day, at my Chambers in Melbourne, particulars in writing of their objections to the said application, otherwise they will be precluded from urging the same. Given under my hand this 30th day of October, 1858. H. S. CHAPMAN, Attorney General.

Colonial Mining Journal, Railway and Share Gazette (Vic. : 1858 - 1859), Thursday 3 February 1859, page 6

A patent has recently been secured here for a new system of crushing quartz and for the amalgamation. The invention, we believe, has been sent from America, it is patented here in the name of Mr. J. K. Smyth, of this city ; from a hasty perusal' we are enabled to lay before our readers the general character of it, although we could do

greater justice to it had we the opportunity of publishing the, drawings at the same time. The crushing power is brought into operation by moving, what may he termed a large pestle working in a mortar, or to those of our readers who are familiar with a Berdan machine, imagine one of these balls with an arm projecting from it, such arm being connected to a crank, and then this ball being set in motion by a steam-engine or other power, the grinding convex surface of the roller works on the concave surface of the basins, and the quartz placed therein coming between these two surfaces, will quickly be reduced to powder. There are two variations of rollers shown, the one being perfectly round and the other of an oblong form. The character of the system of amalgamation appears to be the passing of the crushed quartz through, serpentine tubes, in the lower parts of which- is placed mercury, and then by exhaustion and pressure the earthy matters are forced through. ' Here again two systems are shown by which the earthy matters are forced through the tube; the first by means of an air pump having a connection to the tube through which the earthy matters pass from the pan where it is crushed to the amalgamating tubes, that being worked by its connection to the general machinery, and a partial vacuum being formed in the tube by the pressure of the atmosphere, the earthy matters will be forced through the tubes into the mercury, and will, on its passage, deposit the gold contained therein. There are' arrangements shown for chawing off the amalgam by taps at the bottom of the tubes. In one of the drawings is shown a plan which may be substituted for the air pump ; it consists of an arrangement for forcing the earthy matter through a' flexible tube, which tube leads into the amalgamating tubes; - connected to the working parts of the machine is a wheel , which has a projecting arm, on the end of which is a roller, which is so adjusted, as the wheel revolves, to bring the roller upon a flexible tube behind that part of it, after the earthy matter has entered into it as. the rotation takes place it is caused to press upon and push forward the earthy matter contained therein, while it passes clown into the serpentine tube which contains the mercury as before explained. "We are not aware whether this machine has been brought into operation : probably for the short time that it has been introduced here, there has hardly been time to bring it before the notice of the public; but should the parties interested in it be prepared to bring the subject prominently forward, we shall only be happy to open our columns to the dissemination and advancement of the subject that will elucidate the matter so as to bring it under the notice of the public.

Argus (Melbourne, Vic. : 1848 - 1957), Saturday 8 September 1860, page 4

The annual meeting of the Richmond Cricket Club was held at Elliott's, on Wednesday evening, at which there was a full attendance. The election of office-bearers was proceeded with, and Messrs, P. Johnson, Kirchevall, and Shoo- smith were retained in their respective positions of president, treasurer, and secretary. Messrs. Harrison and Bruce were elected vice-presidents; and the following gentlemen on the committee, viz. :-Messrs, Barter, Busevi, G. Carrick, J. Gillow, G. Marshall, E. Mortimer, J. Smyth, R. Wardill, and S. Woolley, The secretary was empowered to make any matches for the ensuing season; and a sub-committee was appointed to bring up the report of last year on Wednesday, the 19th inst., until which day the meeting adjourned.

Age (Melbourne, Vic. : 1854 - 1954), Monday 22 October 1860, page 6

RICHMOND (THIRD ELEVEN) V. PRAHRAN. Notwithstanding the heavy drafts on the Richmond Club in the two foregoing matches, there was yet a third eleven left, who were found too many for the pick of Prahran. This match took place on the ground of the latter, near the Myall Hotel, Prahran, won the toss and put Richmond in. M'Farlane and Hayes were the first to go to the wicket to the bowling of Downward and Richardson. Hayes was quickly run out. M'Farlane, by some very creditable play, succeeded in placing 40 on the scoring paper when he was caught by the bowler, Dalton. The rest of the Richmond wickets fell pretty fast, and the innings terminated for 81 runs. Downward and Richardson opened the ball on the Prahran side, and by some very steady play they totted up 29 before they parted company. G. Gillett and Smith, the two cracks of the Prahran team, fell victims to M'Farlane's slows, and were well caught in the long field by Runnegar and Barter respectively. The innings closed for 77 runs, Richmond thus winning this, its third match, by 4. Subjoined is the score, with analysis of the bowling : — RICHMOND. M'Farlane, c and b Dalton] t ? 40 Hayes, run out .. ,« . , 2 Barter, b Downward . , . . 7 Moncrieff, c Richardson, b Downward . . . . , , , , 2 Harrison, b Downward , . . , 4 Brind, b Dalton . , . . . . 5 S. Gillett, b Dalton . . . . 9 Hickling, b Dalton . . . . 1 Runnegar, c Ogilvie, b Smith . . 2 J. K. Smyth, not out ., .. 0 J. Hurry, b Dalton , . . . 0 Byes .. ., , , ,, 1 Leg byes , . . , . . . , 2 Wide balls ? 6 81

Argus (Melbourne, Vic. : 1848 - 1957), Saturday 5 October 1861, page 8

NOTICE. - The COPARTNERSHIP carried on in Glasgow under the firm of DENNISTOUN, INGLIS, and Co., and in Melbourne under the firm of DENNISTOUN BROTHERS and Co., as merchants and commission merchants, was this day DISSOLVED, by mutual consent.

The business will be continued by the subscribers, Messrs James M'Culloch, Robert Sellar, and John Inglis (who have had the active management thereof), in conjunction with Messrs. Leishman Brothers and Co., of London.

H. A. DENNISTOUN. JAMES McCULLOCH. ROBERT SELLAR JOHN INGLIS. (By his attorney James M'Culloch ) Anderson Kirkwood, of No. 151 West George-street, Glasgow, solicitor, witness. James Dow, of No. 151 West George street, Glasgow, clerk-at law, witness.

Glasgow, 30th September, 1861.

The undersigned hereby give notice, that the BUSINESS heretofore carried on by Messrs. Dennistoun Brothers and Co., Melbourne and Messrs Dennistoun, Inglis and Co., Glasgow, will be CONTINUED by them under the firms of McCulloch, Sellar, and Co., Melbourne ; and Leishman. Inglis, and Co , London

LEISHMAN BROTHERS and Co., London. JAMES McCULLOCH, Melbourne. ROBERT SELLAR, do. JOHN INGLIS. London.

Melbourne, 1st October. 1861

Age (Melbourne, Vic. : 1854 - 1954), Saturday 9 November 1861, page 4

The first and second elevens of the Richmond Cricket Club are this day to meet the Collingwood Cricket Club, and as the trial match to be played on the Melbourne ground has somewhat weakened the Richmond teams, a tough battle between the two suburban associations may be expected. The following players will constitute the Richmond elevens in the two instances; — First eleven at Richmond : J.Orr, T. Huddleston, Ryan, Kidson, Mortimer, Blanchard, G. Cosstick, Nichols, Ilaines, Shiels, Binney. Second eleven at Collingwood: Bond, Brind, Runnegar, Cochrane, Hurry, Wilson, Gillow, Smyth, Glen, Russell, Shoosmith.

Argus (Melbourne, Vic. : 1848 - 1957), Thursday 18 September 1862, page 4

The annual meeting of the Richmond Cricket Club was held last evening at the Royal Hotel, in the Punt-road. There was a good attendance of members; and Mr. Stillman, the vice-president of the society, was elected to the chair. By the report, which was read by the secretary, it appeared that the club still continued to be in a prosperous position, and that many improvements as regarded the ground had been effected by the committee during the past season. It was stated, however, that owing to the continued wet weather the new ground had not progressed so much as was expected. The balance-Sheet was brought up by the treasurer, and though the club has not a balance to its credit, it has sufficient funds to cover liabilities, with the exception of a sum of £50 due to Mr. George Kirk, which will be paid whEn due. Mr. -J. G. Francis, M.L.A., was elected president; and the Hon. G. Coppin, M.L.C., and Mr. Mortimer, vice-presidents, Mr. J. K. Smythe was elected treasurer, and Mr. J. B. Russell secretary. A ballot was taken for the election of committeemen, and resulted in favour of the following gentlemen :-Messrs. Shoosmith, Nichols, Brodie, Wilson, Hope, Cochrane, M'Farlane, Shields, and M'Combe. The question as to leasing the bars, &c, was postponed for another meeting.

27 Jun 1863 James McCulloch became premier of Victoria

Leader (Melbourne, Vic. : 1862 - 1918), Saturday 16 April 1864, page 15

The Richmond Cricket Club play in the two following matches to-day : — On the Richmond ground against the Malvern Hill Cricket Club, the team consisting of Mortimer, Bryant, Downes, Gibson, Hopldnson, Hewitt, Huddleston, H. Langlands, Bury, M'Kenzie and Rainey. Second eleven against Press Cricket Club, on Press ground, the players being, Thomson, Wilmoth, Cameron, Smyth, Sullivan, Dunkinson, Flanagan, Hollow, Cochrane, J. Langlands, Downer and Shiels.

Age (Melbourne, Vic. : 1854 - 1954), Tuesday 14 June 1864, page 5

A general meeting of the Richmond Cricket Club was held in Bryant's Hotel, last 'night, Mr Philip Johnson in the chair. The minutes of the previous meeting having been read and confirmed, the hon. treasurer, Mr F.K. Smyth, read a financial

statement, from which it appeared that £70 14s 6d had been received as subscriptions, and that the total liabilities exceeded the receipts by the sum of £57 , the principal item being incurred on improvements of the ground. The meeting then resolved itself into a committee of ways and means, when, on the motion of Mr Shiels, seconded by Mr Shoosmith, it was unanimously agreed that a sum not exceeding £70 be raised on a promissory note. It was also agreed, on the motion of Mr Shoosmith, seconded by Mr Smyth, that the hon. secretary be instructed to write to the borough council, soliciting a grant in aid from the borough funds.

Age (Melbourne, Vic. : 1854 - 1954), Saturday 17 December 1864, page 4

Several cricket matches are announced for this afternoon, amongst which may be noticed : — On the Richmond cricket ground, the local team will play fifteen of the Collingwood Commercial Club. Richmond will be represented by Mortimer, Bryant, Gibson, Downes, Symonds, F. M'Donald, Thornton, Ashton, Hewitt, Bury, Wills and Hope. The second elevens of Richmond and North Melbourne meet on the ground of the latter. The Richmond team is as follows : — Flannagan, King, Smythe, Sullivan, Gough, Johnson, Stewart, Butt, Blackham, Collier, Wilmotb, Oddy.

Australasian (Melbourne, Vic. : 1864 - 1946), Saturday 23 September 1865, page 5

RICHMOND CLUB.

The annual meeting or the Richmond Cricket Club was held at the Cricketers' Arms Hotel, Punt-road, on the 20th. Mr. P, Johnson in the chair. The report congratulated the members on the superior quality of the play for the past year, the majority of the matches to which both elevens had been engaged having been decided in favour of the club. The ground committee had, in consequence of want of funds, been unable to effect all the Improvements they had con templated, but part of the ground had received a top-dressing of loam, and had been re sown with grass. A tender for a new pavilion had been accepted, of which the estimated cost was £230.. To meet this expenditure about £100 had been already obtained, and it was intended to hold an athletic sports meeting on the ground, on the 14th prox., with the view of taking the balance. The financial statement exhibited debt doe by the club to the amount of £64. The office-bearers elected for the ensuing year were—President, the Hon. J.G. Francis: vice-presidents, Messrs. P. Johnson and G. J. Shoosmith; treasurer, J. K. Smyth; and secretary, Mr. J. Shiels. The committee appointed were—Messrs. Mortimer, Bond, Simmonds. Dalrymple. Lough. Greenwood, Hardcastle. Oddy, and Ashton.

1866

Series title: Civil Case Files Description: 1866/3002

The Lower Huntly Dep Lead Company v John Kane Smyth Date range: 1866 - Public access: Open Format: Physical Location: North Melbourne

Series number: VPRS 267

Consignment number: P0007

Unit number: 112

Writ issued 14 Jul 1866 by Huntly Deep Lead Coy against JKS for recovery of a debt of £8

Australasian (Melbourne, Vic. : 1864 - 1946), Saturday 28 September 1867, page 12

Richmond Cricket Club.

The annual meeting of the Richmond Cricket Club was held on Saturday last, at the pavilion; Mr. P. Johnson, one of the vice-presidents, occupying the chair. The usual practice of presenting a written report to the members was not followed on this occasion, but Mr. Shoosmith, the hon. treasurer, made a verbal statement, from which it appeared that the affairs of the club were not in a very satisfactory condition. Besides a the debt of £100 on the pavilion, the club has now other liabilities amounting to £100. These consist chiefly of overdue water-rates, accounts for laying on water to the grounds, and sums due for cricket materials, &c. One of the creditors, Mr. Marshall, has recovered judgment for his debt from the late secretary of the club, but whether the amount had been paid Mr. Shoosmith was not in a position to state. He remarked, however, that if the secretary had paid the money, the members were bound in honour to make it up to him. A good deal of conversation took place, and it transpired that the financial difficulties of the club arose from non-payment of subscriptions. There were no means, however, of ascertaining who had paid and who had not, and on the motion of Mr. Mortimer, Messrs. Isaacs and Downe were appointed as auditors to examine the accounts, and bring up a report on Saturday '-next, to which day the meeting was adjourned. Before the adjournment took place. The following office-bearers were elected: President, the. Hon. J. G. Francis; vice presidents, Mr. G. Coppin and Mr. Philip Johnson; hon. treasurer, Mr. Shoosmith; hon, sec., Mr. Wilmott; committee, Messrs. Gough, Simmonds, Mortimer, W. Wood, R. Johnston, Smyth, Greenwood, Cotter, and Turcer. Mr. Shoosmith stated that an offer had been made of a sum of money for the privilege of catering for the club for a term of years, and the committee were authorised 'to enter into any arrangement which they might consider satisfactory

The Age 4 Jun 1868 MR JOHN KANE SMYTH has been this day admitted as a PARTNER in our firm, CUNINGHAM & MACREDIE. Melbourne, 1st June, 1868

Argus (Melbourne, Vic. : 1848 - 1957), Tuesday 23 June 1868, page 7

Public Notices.

THE business heretofore carried on by me under the style of Cuningham and Macredie. will be conducted from this date by myself and Mr John Kane Smyth, under the firm of " Hastings Cuningham and Co "

HASTINGS CUNINGHAM

Australasia Wool Stores, Melbourne,

June 1,1868

Gippsland Guardian (Vic. : 1855 - 1868), Thursday 20 August 1868, page 2

The hon. the Chief Secretary [James McCulloch] took occasion, in the Legislative Assembly, to vindicate himself from the charge brought against him of having profited by the remission of duties in connection with the alteration of the tariff. Mr McCulloch read a statement made by Mr Smyth, the salesman of the firm of McCulloch, Sellars, and Co., to the same effect. The House appeared thoroughly satisfied with the explanation made.

Sands Directory 1869 and 1870

John K Smyth (of Cuningham and Co.) private residence St Kilda

Cuningham and Co, (Hastings Cuningham and John K Smyth), wool brokers and stock and station agents, wool stores, 144 Collins St West and Little Flinders West.

Illustrated Australian News for Home Readers (Melbourne, Vic. : 1867 - 1875), Monday 29 March 1869, page 2

PRINCE ALFRED HOSPITAL BALL.

A fancy ball, in connection with the Prince's visit, was held at the Exhibition Building on the 5th March. Admission was by ticket, and the proceeds were given to the funds of the hospital as a thankful commemoration of Prince Alfred's escape from death by the assassin's bullet. A fancy ball is always popular, for three, reasons — it costs money, it gratifies the most powerful of all 'human 'passions, vanity, and it is uncommon.

The following is a list of the company : — ………. ; J. K. Smyth, Fabien del Franchi ;

From the biography of Hastings Cuningham

http://adb.anu.edu.au/biography/cuningham-hastings-276 From April 1869 to March 1873 he held Murrabit station with his business partner, John Kane Smyth. He also owned land in the Mount Gambier and Mallee districts.

Queanbeyan Age (NSW : 1867 - 1904), Thursday 17 June 1869, page 4

AUSTRALIAN BANKING. Some-of the oldest Australian banks have lately been lectured in our leading journals for their alleged departure from sound banking principles and practices. The accusation is that they have, allowed colonial produce (and especially wool) to be consigned to their agents in London, and the shareholders are warned of the disastrous consequences likely to ensue from such transactions. A

letter from a writer in the Economist places the subject in a different light, and attempts to show that the business of a bank having its chief clients in the colonies, with branches far in the interior, among squatters and sheep farmers, must of necessity differ materially from the restricted form of banking proper to the London and Westminster and similar establishments. Still, if the warning inspires caution, it will not be a matter of regret. The squatter must be assisted during the clipping season, and consignments may be not imprudently made to the local banks' London agents; but it was insinuated in the Times that some of the banks had gone deeply into wool speculations. Were there any truth in this assertion, it would indeed be time for the shareholders to interpose their emphatic veto; but no evidence has yet been adduced calculated to justify so damaging an inference. On the 18th instant, however, a- meeting of London merchants was held at the offices of Messrs. Robert Brooks and Co., to take the matter into consideration; and a series of resolutions, protesting against the practice complained of, were passed, and being signed by nineteen firms were printed and forwarded to the Australian banks in London and in the colonies. The following is a list of the firms who joined in the protest:--Robert Brooks and Co., Dalgety, Duernz, and Co., Stephen Kennard and Co., A. L. Elder, William Jackson and Co., James Morrison and Co., Donaldson, Lambert, and Co., the Australian Mortgage, Land, and Finance Company (limited), per Richard Gibbs, managing director, Atkins and Co., Leishman, Inglis, and Co., Moses Levi and Co., P. W. Farrell and Co., John Young, Elers and Co., William Fanning and Co., Miles, Brothers, and Co., Redfern, Alexander, and Co., Richardson, Brothers, and Co., Sharp and Terry, Johnson and Archer

Riverine Herald (Echuca, Vic. : Moama, NSW : 1869 - 1954), Wednesday 14 July 1869, page 3

MEAT preserving company.

A public meeting' of persons interested in the projected Echuca Preserving Company convened by advertisement, was held yesterday afternoon at the Bridge Hotel. Mr. R. J. Glass was voted to the chair, and stated that the object proposed was one of the utmost importance to this place, and to the surrounding districts. There was no locality better suited for the purposes of meat preserving- he believed in the colonies, and he felt quite certain that a sounder and better article could be produced here than in Melbourne. As the only squatter present he had felt some reluctance in taking the chair, but rather than such an excellent and desirable undertaking should have any risk of falling through, or being hindered in the progress of its initiation, be had accepted that position on the present occasion. He could only say further that he would do everything in his power to forward the establishment of the company, and to promote its success. He sincerely hoped the movement would be carried through promptly and satisfactorily. He would now call upon the secretary to read the prospectus, and to make any statement he might have to lay before the meeting. After reading the prospectus, Mr Coghill stated that a recent public writer in England had stated that it would take seven millions of sheep to give the people of England a moderate amount of food, independent of the present supply. He then stated be had made a calculation of the cost of 1000 sheep from Echuca to Melbourne, and that it amounted to £58 6s 8d—this being the government charge alone, at 1s 2d per head. Assuming that every sheep yielded between meat and tallow 251b per sheep, the carriage down to Melbourne of this at the government charge of 40s per ton is about. £22; tins and

casks up, and occasionally filbs more in weight down, £7 3s 4d—£29 3s 4d. It therefore amounts to one-half the cost, exclusive of all Melbourne charges. He might say that Messrs. Leonard and Symington and Mr Claughton were by no means desirious that their plants should be taken by the company. They were certain of very profitable returns if they kept it in their own hands. With a view to entering on meat preserving operations themselves, be might state that they had been in communication with an expert, but of course he was not at liberty to give any information which had been obtained by them privately. Mr Shackell said he considered it was most desirable that such a company as that proposed should be established. The undertaking was, in fact, one of vital importance, not only to the town of Echuca, but to the whole of that enormous territory known as the Riverine districts, and to the colony of Victoria. He could conceive of no project of greater interest or bearing promise of more generally important results. There was no class that would not be benefitted by it; and while we were studying our own advantage and profit, it was gratifying to be able to reflect that we were conferring incalculable benefits on thousands of poor persons in the mother country, to whom good and wholesome meat was a luxury, in which the dearness of the article forbad them to indulge. At the same time that he held these views of the project before them, he would say that he thought such preliminary steps bad not been taken as was desirable in order to place the matter in its best and most satisfactory light before the public. It was not for one moment to be supposed that he wished to throw any damper on the undertaking. On the contrary, it had his sincere wishes for its success, and should receive his hearty support. He thought then that in the first place a prospectus should be drawn up to be submitted to a future meeting for adoption, by which it would be shewn that the price asked, for the plant and premises was a fair amount. He would like to see Messrs Leonard and Symington fairly paid, but we had no assurance the figure they were asking was a fair one, and as a matter of necessity this must be clearly shewn in going to the public for the purpose of floating the shares. There ought to have been a preliminary meeting, at which all this would have been settled, and generally to arrange matters so as to prevent the risk of any hitch or hindrance. However, with a view of advancing matters a stage, he would move— " That, in the opinion of this meeting, it is highly desirable that a meat preserving company be established in this district." The resolution was briefly seconded by Mr Coghill and carried. Mr J. L. Archer then proposed that " a committee be formed for the purpose of drawing up a prospectus to consist of Messrs George Maunsell, J. K. Smythe, Robert J. Glass. James Shackell, J. A. Anderson, R. Parker, F. Hogarth, and the mover." Seconded by Mr J. M'Culloch and carried.

Argus (Melbourne, Vic. : 1848 - 1957), Saturday 31 July 1869, page 6

PROSPECTUS;

Of the ECHUCA MEAT-PRESERVING COMPANY (Limited).

Nominal Capital, £10,000, in 2000 Shares of £5 each.

£1 per share to be paid upon application, £1 per share upon allotment, the balance by calls not to exceed 1 £1 per share, to be made at Intervals of not less than two months.

Operations will be commenced as soon as 1000 shares are subscribed for.

PROVISIONAL DIRECTORS.

H. P. Palmer, Esq (Paterson, Ray, Palmer, and Co ). F. Hogarth, Esq., Echuca. J. K. Smyth, Esq (Hastings Cuningham and Co ). D. Masterton, Esq (D. Masterton and Co ) Robert J. Glass, Esq., J.F., Wharparilla. J. Loe Archer, Esq, Manager Bank of Victoria, Echuca. Hugh Porkon Esq. (B, Goldshrough and Co ). W. Hogarth, Esq. (Connell, Watson, and Hogarth) G. Maunsell, Esq , P.M., Moama. J. Shackell, Esq., J.P., Echuca. Vita. M'Culloch (W. M'Culloch and Co ).

Solicitor-H. P. Taylor, Esq. Bankers-Bank of Victoria.

Secretary, pro tem - D. J. Coghill. Manager, pro tem. - O. A. Wylie.

BROKERS.

Messrs. W. Clarke and Sons, Melbourne. Messrs. Macpherson and Co., Sandhurst. Messrs. Forsyth and Loughnan, Hay. Mr. James Mann, Deniliquin. Messrs Geo. Forsyth and Co , Wagga Wagga. Mr. Robert Lowe, Walgunyah.

Prospectuses may be had at the offices of the brokers for the company, Messrs. Clarke and Co., Elizabeth street

1870


Hastings Cunningham John Kane Smyth v John Frederick Comins Date range: 1870 - Public access: Open Format: Physical Location: North Melbourne Series number: VPRS 267


Unit number: 202

Writ issued by Hastings Cuningham for recovery of £475 + costs from J F Comins. Judgement for Hastings Cuningham for £386 + 5 gns costs

1870


Hastings Cunningham and John Kane Smyth v James Farrell Date range: 1870 - Public access: Open Format: Physical Location: North Melbourne Series number: VPRS 267


Unit number: 215

Writ filed by Hastings Cunningham against James Farrell for recovery of £505/4/11 + costs. Farrell defended. Appearance only 13 Jun 1870.

1870


Hastings Cunningham And John Kane Smythe v The Echuca Meat Preserving Company Limited

Date range: 1870 - Public access: Open Format: Physical Location: North Melbourne Series number: VPRS 267


Unit number: 234

Age (Melbourne, Vic. : 1854 - 1954), Monday 26 September 1870, page 1

THE MUTUAL ASSURANCE SOCIETY of VICTORIA (For Life Assurance Only). To be Registered under the Companies Statute, 1855, The following gentlemen have agreed to take foundation policies : — Geo. Martin (Geo. Martin and Co.), Treasurer. H. Selwyn Smith, merchant. J. H. White (J. H. White and Co.) W. E. Lempriere (Tondeur and Co.) S. M Gibbs (R. and S. Gibbs and Co.) C. Croaker (Croaker, Scott and Co.) James Smith, editor Australasian. G. H. F. Webb, barrister-at-law. Alfred J. Agg, Commissioner of Audit. . Chas. Watson (Connell, Watson and Hogarth). J. Wilberforce Stephen, Barrister-at-law. H. J. Langdon (Henry Langdon and Co.) Henry S. Shaw, official assignee. H. A. Coffey, Market-square. P. Langwill (P. Langwill and Co.) John Strachan (John Strachan and Co.) C. G. Casey, surgeon. Hugh J. Chambers, solicitor. C. Warburton Carr, P.M. and Warden, Avoca. Henry Box (H. Box and Son.) Adam Burnes, General Manager, Colonial Bank. W. Hogarth (Connell, Watson and Hogarth.) B. Walker, merchant. E. D. Greig (Greig and Murray.) The Hon. Wm. Bayles. The Hon. Thos. Loader. George Gilmore, St. Kilda. J. C. Tyler, Assistant-Commissioner of Customs. Wm Hammill (Fraser and Co.) M. Elliott, Manager Bank of Australasia. W. Browne, Jun., St. Kilda. Samuel Amess, Mayor of Melbourne. Robert McDougal (Briscoe and Co.) J. K. Smythe (Hastings Cuningham and Co.) D. McDougall (Sands and McDougall.) Alfred Priestly. National Bank, Henry Scott (Croaker, Scott and Co.) Geo. E. Tolhurst, National Bank, Prahran. John P. Lloyd, squatter, Terang. George Dill, Fitzroy-square, East Melbourne. A. W. Cunningham, National Bank, Coleraine. Jas. Fergusson (Fergusson and Mitchell). Alexander Cunningham, Collins-street. James Lawrence, Collins-street. Edward England (Malleson, England and Stewart). R. Goldsborough (R. Goldsbrough and Co). Septimus Martin (D. S. Campbell and Co) Wm. J. Williams, Railway contractor. The hon. John Macpherson, Minister for Lands. Joseph Liddle, Bank place, solicitor. W. J. M. Larnach, Manager Bank of Otago. J. Balharry (Alfred Woolley and Co). W. K. Thomson (Jas. McEwan and Co). Jas. Lorimer (Lorimer, Marwood and Rome). Saml. Renwick (Jas. McEwen and Co). Thos. Black, M.D., Cintra, St. Kilda. The projectors have determined on the formation of this society, being convinced that in no port of the world Is there a better field for the extension of the business contemplated than in

Victoria and the neigh boring colonies. It has been the study of the projectors to constitute the society upon such a broad popular and sound basis as must commend itself to all persons desirous of making provision for their families : and in order to secure the confidence of the public, it has been determined to commence operations with a paid-up fund of £10,000, to be raised by the issue of FOUNDA TION POLICIES. These policies will be for a sum in accordance with the table prepared by Professor Wilson (which includes a bonus of 50 percent.), and will, like the ordinary policies, participate in the profits of the society. The gentlemen above-named have agreed to sub scribe £100 each for the purchase of foundation policies. The list will be closed as soon as the balance of the £10,000 is fully subscribed. On completion of the list, the foundation policy holders will proceed to the election of directors, who will appoint the officers of the society, and commence the general business of Mutual Life Assurance, based upon tables in course of preparation. Forms of the memo, of foundation membership can be obtained, on application, at the temporary offices of the society, where all further information will be given. HUGH J. CHAMBERS. Temporary Offices, No. 3 Elizabeth-street south, near the Railway Station.

1871


Hastings Cunningham John Kane Smyth v John Matthews Date range: 1871 - Public access: Open Format: Physical Location: North Melbourne Series number: VPRS 267


Unit number: 244

Writ issued by Hastings Cuningham to recover debt of £477/10/00 + costs from John Matthews.

1871


Hastings Cunningham John Kane Smyth Hastings Cunningham and Company v R A Mcbrea



Unit number: 245

Writ issued and served 13 Apr 1871 by Hastings Cuningham against R A Mybrea for recovery of £253/6/7 + costs, on a promissory note dated 4 Feb 1871 due to be repaid 7 Mar 1871.

Argus (Melbourne, Vic. : 1848 - 1957), Tuesday 11 April 1871, page 6

VICTORIA MEAT-PRESERVING COMPANY.

In accordance with the articles of association, the second ordinary general meeting of the Victoria Meat-preserving Company was held yesterday, at the offices, 10 Market buildings. There were l8 shareholders present, representing 693 shares. Mr. Geo. Dill, chairman of the board of directors, presided, The report and balance-sheet (which were published in the Argus of April 4) having been read and adopted,

Mr. CAUSON moved a resolution to the effect that the number of directors be reduced from 6 to 5.

Mr. MILLEU seconded the motion, which was adopted.

The next business brought forward was the consideration of a letter from the auditors, Messrs. "W. H. Tuckett and Thos. Dickson, asking that their present allowance of £10103. each per annum might be increased to £21. They pointed out that their duties were very considerable, and that they received larger remuneration from other companies for per-forming a similar amount of work. They hoped that, in case they were re-elected, their request would be favourably considered. The application gave rise to some discussion, but the majority of the shareholders present were of opinion that the company was not at present in a position to increase the allowance. In the end, it was decided to re-elect the auditors for 12 months at the same rate of remuneration, leaving it in the power of the shareholders at the next half-yearly mooting, to increase the allowance it they thought proper.

The meeting now proceeded to the election of two directors in place of Messrs. K. Caldwell, H. Mawbey, and J. K. Smyth. There were originally three vacancies, but the resolution previously adopted on the motion «f Mr. Carson reduced the number to two. The candidates were Messrs. J. C. Lloyd, Charles Watson, and J. K. Smyth. A ballot was taken, with the following result :--Lloyd, 336; Watson, 274 ; Smyth, 120. Messrs. Lloyd and Watson were therefore elected.

Australasian (Melbourne, Vic. : 1864 - 1946), Saturday 10 June 1871, page 21

An elderly man named John Young alias Yuille was charged, on remand, at the City' Court yesterday with forging and uttering; various cheques. The evidence showed that on the 24th April he purchased a pair of boots for 17s. 6d. from Alex. Horsburgh, a boot and shoe dealer in Swanston-street, and gave in payment a cheque on the Commercial Bank for £315s. purporting to be signed by Messrs. M'Meckan, Blackwood, and Co. It was a bank: holiday, and he said he had just come from Castlemaine and spent all his money except the cheque, which he had just got from Blackwood and Co. He gave his name as William Robertson and Horsburgh took the cheque, giving : him the boots and £2 17s. 6d. change. Next -day the cheque was presented and dishonoured. Mr. Blackwood stated that the firm had no account at the Commercial Bank, and that the cheque was a forgery, there being no other firm . of the name in Melbourne. On the 23rd Slay ' the prisoner went to an outfitting establishment in Bourke-street, said he had come from Geelong, and obtained various articles to the value of £1 13s. 6d. which he paid for by a cheque for £4 15s., receiving the goods and £3 Is. 6d. change. The cheque, which purported to be signed by Messrs. Francis and M'Pherson, was presented at the -London Chartered Bank of Australasia

and dishonoured, no firm of that name having an account on that bank. The managing clerk of Messrs. Francis and M'Pherson,. merchants, of Melbourne, deposed that the cheque in, question was not signed by any of: the firm. The third case was one in which the forger bad made a poor imitation of the signature of J. K. Smyth, partner in the firm of Hastings Cuningham and Co., woolbrokers, Melbourne, to a cheque for £4 7s. on the Union Bank of Australasia. The poisoner was once a fellow-clerk at Denistoun Brothers and Co.'a with Mr. Smyth, who had known him for 17 years.

1872


Hastings Cunningham John Kane Smyth v John McKellar Date range: 1872 - Public access: Open Format: Physical Location: North Melbourne Series number: VPRS 267


Unit number: 290

Writ issued by Hastings Cuningham against John McKellar for payment of £200 + interest by 28 Jan 1873

1872




Unit number: 290

Writ issued 21 Dec 1872 by Hastings Cuningham for recovery of debt of £186/2/2 + costs from John Mackellar. Promissory note dated 10 Aug 1872 for £200 repayable by 13 Dec 1872.

Argus (Melbourne, Vic. : 1848 - 1957), Saturday 5 October 1872, page 4

SATURDAY, OOTOBER 5, 1872.

Extensive additions have been recently made to the Australasian Wool Stores, Collins-street west, the completion of which was celebrated yesterday by a luncheon given by the proprietors, Messrs. Hastings Cuningham and Co., to their friends and constituents. The guests numbered upwards of 520, amongst them being the Hon. E. Langton, M.L.A., Hon. R. Simson, M.L.C., Hon. W. Campbell, M.L.C., Hon. J. A.

Macpherson, M.L.A., Hon. W. Wilson, M.L.A., Mr. J. MacBain, M.L.A., the Mayor of Melbourne, Mr. E. P. S. Sturt, P.M., Mr, Ireland, Q.C., and numerous representatives of the pastoral and mercantile interests. Before sitting down to lunch, the company inspected the promises, and expressed their surprise at the immense accommodation provided for carrying on the business of the firm. The old stores were capable of receiving 4,000 bales of wool, but the recent additions have doubled the storage capacity of the premises. The new building is a large three-storied bluestone structure, 150ft. in length by 43ft. in width. A new saleroom and showroom have also been added. The total cost has exceeded £4,500. Mr. A. Purchas was the architect, and Mr. P. Cunningham the contractor. The work was carried out with extraordinary expedition. The collation, which was pro-vided by Mr. C. J. Hughes, was excellent. After the usual loyal toasts, the chairman (Mr. Hastings Cuningham) proposed "The Ministry of Victoria," which was responded to by Mr. Langton, who on rising was greeted with so much applause that he laughingly remarked that he almost felt inclined to take the suggestion of Mr. Ireland, Q.C., who had advised him if he spoke to accept the banquet as a demonstration in favour of the Ministry. Mr. Ireland proposed "The Parliament of Victoria," which was responded to by Mr, Simson on behalf of the Legislative Council, and Mr. Macpherson on behalf of the Legislative Assembly. Mr. Langton then proposed, amid loud cheers, the health of proposed, amid load cheers, the health of "Messrs. H. Cuningham and Co." He remarked that all must rejoice at the indications of enterprise and prosperity which the erection of the additional buildings, the opening of which they were celebrating, showed. Occasions like these went to prove that Melbourne was rapidly becoming what our 'friends on the other side of the Pacific would call a "big place." He paid a warm tribute to the enterprise, perseverance, and integrity of the firm whose guests they were, and concluded amidst loud applause by wishing them every prosperity. Mr. Sturt said a few words in ' eulogy of his old friend, Mr. H. Cuningham, after which the toast was drunk with all the honours. Mr. Cuningham, in acknowledging the toast, thanked the constituents of the firm for the support they had given them, and said that experience had shown him that the wool buyers of Melbourne conducted their business in such a courteous straightforward way that it was more pleasant to deal with them than any men he had ever met. Mr. J. K. Smyth, the other member of the firm, also responded. In proposing "The Pastoral Interest," Mr. I. G. Reeves stated that not-withstanding the many vicissitudes to which the wool trade was liable, there was a fascination about it that would keep him connected with it to the end of his days. The company separated about 3 o'clock

1873




Unit number: 291

Writ issued 8 Jan 1873 by Hastings Cuningham to recover

£186/2/2 + costs from John McKellar under contract. No verdict here.

1873


David Mellor Parker John Kane Smyth v Joseph OToole Date range: 1873 - Public access: Open Format: Physical Location: North Melbourne Series number: VPRS 267


Unit number: 295

Writ by Parker and JKS to recover £6/14/0 from Joseph O’Toole. Verdict not here.

1873


Hastings Cunningham John Kane Smyth v Joseph Cohen Date range: 1873 - Public access: Open Format: Physical Location: North Melbourne

This Item is part of Series number: VPRS 267


Unit number: 290

Hastings Cuningham issued a writ to recover £307/11/00 + interest for dishonoured cheque of Joseph Cohen by 8 Jan 1873

Argus (Melbourne, Vic. : 1848 - 1957), Friday 28 March 1873, page 5

A complimentary dinner was given last evening at the Union Club Hotel, Collins street, by gentlemen connected with the wool, mercantile, and squatting interests, to Mr. John Kane Smyth, a member of the firm of Hastings Cuningham and Co. Mr. Smyth is about to visit Europe for a short period, and leaves by the mail steamer to day, and the occasion was taken advantage of by his friends and business connexions to show their appreciation of him. The chair was occupied by Mr. Robert Sellar, of the firm of M'Culloch, Sellar, and Co. The chairman proposed the toast of the evening, which was the health of Mr, P. Smyth. In doing so, he referred to the fact that he had known Mr. Smyth for more than 20 years, and could testify to his sterling business talents, to his thorough integrity, and also to his genial disposition. The toast was duly honoured and responded to, after which a pleasant evening was passed, the proceedings being diversified by remarks from gentlemen who proposed the toasts of the woollen, pastoral, mercantile, stock, and shipping interests.

Sydney Morning Herald (NSW : 1842 - 1954), Wednesday 2 April 1873, page 4

MELBOURNE.

DEPARTURES.

March 28.- Bangalore (s.), for Galle,

The R.M.S. Bangalore, after taking on board mails, passengers, and cargo, left the bay about 3pm yesterday for King George's Sound and Point de Galle. The following is her list of passengers from this port :-King George's Sound : Mr. W M Alexander, Mr. Harris. Point de Galle : Mr. II It. Smith, Mr. Avohorberg, Mr. R. Brown, Mr. C. Thompson, Mr. Cavanagh, 1 groom. Bombay: Captain Rreies, Mr. J. Wil«on. Suez : Mr. and Mrs. Richard Schlesinger, Miss Schlesinger, Mhb 0. L. £. Schlesinger, Muster II. E. Schlesinger, Mr Neilson, Mr. Mills, Mr. Peacook, Mr. J P. Bear Brindisi:- Mr. D. Clarkson, Mr. C K. Martin ; Mr. and Mrs Alexander Vt ilEOn, Miss and Master Wilson, three children, and servant ; Mr. and Mrs, D'Archy, Miss D'Archy, Mr. and Mrs. L. L. Lewis, Mr. and Mrs. M'Neill, Mr. Scoulur, Mrs. J. Wilson, two Misses and Master Wilson, Mr. W. Hick, Mr. J. K Smyth,

Leader (Melbourne, Vic. : 1862 - 1918), Saturday 20 December 1873, page 14

SHIPPING AND COMMERCE.

ARRIVED.— December 13.

Nubia. R.M.S., 2035, W. H. Hall. from Galle 21st November, King George's Sound 8th December. Passengers— cabin : For Melbourne— …… J. Smyth, Goddefroy, and W. Roach. F. R. Kendall, agent

1874


Hastings Cuningham John Kane Smyth v John Doherty Date range: 1874 - Public access: Open Format: Physical Location: North Melbourne Series number: VPRS 267


Unit number: 322

Writ issued 23 Apr 1874 by Hastings Cuningham to recover £177/11/6 + costs from John Doherty for promissory note. No verdict given

Australian Town and Country Journal (Sydney, NSW : 1870 - 1907), Saturday 25 April 1874, page 35

Government Gazette.

IMPROVED LANDS.- It is notified that the persons mentioned in the subjoined list will be permitted to purchase, under the 8th clause of the Crown Lands Alienation Act of 1861, the portions of improved land specified against their respective names ; Thomas Crawford, parish of Sofala ; H. Cunningham and J. K. Smyth, on the North Goonambil run ; [Goonambil is about 25km south of Urana NSW]

1875


Hastings Cunningham John Kane Smyth v J H McColl Date range: 1875 - Public access: Open Format: Physical Location: North Melbourne Series number: VPRS 267


Unit number: 365

Writ issued 19 Feb 1875 by Hastings Cuningham to recover £231/16/4 + costs from J H McColl for promissory note. Noe verdict recorded.

1875


Hastings Cunningham John Kane Smyth v John Wesley Scorse Date range: 1875 - Public access: Open Format: Physical Location: North Melbourne Series number: VPRS 267


Unit number: 337

Writ by Hastings Cuningham 5 Apr 1875 to recover £50/0/0 + costs. Judgement to HC with costs

1875 Series title: Civil Case Files Description: 1875/1533

Ellen McCarthy v Hastings Cunningham John Kane Smyth Date range: 1875 - Public access: Open Format: Physical Location: North Melbourne



Unit number: 333

Writ issued 22 Apr 1895 by Ellen McCarthy for [unspecified]

damages of £1000. No judgement appears here.


Hastings Cunningham John Kane Smyth v Henry Arthur Hough Date range: 1875 - Public access: Open Format: Physical Location: North Melbourne Series number: VPRS 267


Unit number: 333

Writ by Hastings Cuningham to recover £189/16/10 + costs from H A Hough. Defended. No verdict given here.


Hastings Cunningham and John Kane Smyth v John Macdonald Date range: 1875 - Public access: Open Format: Physical Location: North Melbourne Series number: VPRS 267


Unit number: 342

Writ by Hastings Cuningham 9 Aug 1875 to recover £507/0/3 + costs from John Macdonald. No verdict here.


Hastings Cunningham John Kane Smyth v John Ferris William Steel Date range: 1876 - Public access: Open Format: Physical Location: North Melbourne Series number: VPRS 267


Unit number: 373

Writ dated Hastings Cuningham to recover £119/1/11 +costs from John Ferris and William Steel. Judgement for plaintiff. Sherriff could not recover any of the money.


Hastings Cunningham John Kane Smyth trading as Hastings Cunningham and Company v John Macleod



Unit number: 379

Writ dated 23 May 1876 by Hastings Cuningham to recover £67/1/3 from John Macleod for a promissory note dated 23 May 1876. No verdict given here.

The Riverine Grazier 6 Sep 1876 Permission's to purchase under 2nd clause of Crown Lands Act Amendment Act Hastings Cunningham and John Kane Smyth, 2 lots, Goonambil run.

Argus (Melbourne, Vic. : 1848 - 1957), Tuesday 19 September 1876, page 6

THE FREE-TRADE LEAGUE.

A meeting of the council of the Free-trade League was held yesterday afternoon at the Criterion Hotel, Mr H R Reid presiding. The following gentlemen were appointed additional members of the council of the league - Messrs Cuningham J. K Smythe, A. M'Donald G L Griffiths K E Brodribb, H G Langdon, F.T. W Ford, E. P. S. Sturt, Simeon Cohen, H W Luigan, R A Wright, - Daish, R A Billing, James Gill, E G Robinson J A Horsfall, and Captain W. H. Smith The council then proceeded to the consideration of the rules which had been adopted by the committee and printed. The rules were gone through seriatim, and all of those submitted were adopted with slight alterations in one or two of them. Two new rules were also agreed to, and the whole were then adopted as the rules of the league The most important of the rules were those defining the policy of the league They were as follow -"1. The league shall be called 'The Free-trade League of Victoria.' 2 The objects of the league shall be to obtain by all legal and constitutional means the abolition of all taxes levied through the Custom-house for the benefit of one part of the community at the expense of the bulk of the population , and the removal of every existing obstacle to the unrestricted employment of industry and capital ' 3. A subscriber of 1s and upwards per annum may, with the consent of the council of the league or branch league to which he desires to belong, be enrolled as a member of the league, and a card of member-ship shall be issued to each member. 4 Every person by becoming a member of the Free trade League of Victoria, thereby under-takes- (a) To have his name registered on all electoral rolls, when and where he possesses the necessary qualifications (b) To vote at all elections where the interests of the cause are at stake, (c) To support whether as elector or candidate, united action in the election of free trade candidates 5. That whenever free trade candidates are nominated for any electorate in excess of the number to be elected, the committee shall immediately convene a meeting of the members of the league in such electorate, to decide which candidate shall receive their support 29 Branches of the league bearing the name of the branch of the Free trade League of Victoria, and adopting the second, fourth, and fifth of these rules, may be from time to time established or affiliated with the authority of the executive committee. 30. Such branches shall fix their own minimum rate of subscriptions

respectively, and shall have respectively the sole control of the funds raised by them, and of their mode of conducting business. 31. They shall respectively elect a correspondent and such other officers as they shall see fit, who shall be ex officio members of the council, and the members of such branches shall be members of the league

Before the meeting separated Mr Sargood stated that Mr Lyell and he had continued the work of soliciting subscriptions towards the £1000 required to be provided as a kind of sustentation fund, before the general meeting to be held next month, and he was glad to say they had already received promises to the amount of £500

The Argus 16 Nov 1876 CHARGE OF FORGERY: At the City Police Court yesterday, before Mr. James Paterson (the mayor), Mr. Sturt, PM, Messrs. A. K. Smith, Wilton, Fairchild, Noonan, Ball, Prince and Sutherland, J P's, a man named John James Main, from the Bacchus Marsh district, was charged with forgery, by means of which he obtained the sum of £60 from Messrs. Hastings Cuningham and Co, wool merchants, Melbourne. Mr J. C Stewart (of the firm of Malleson, England, and Stewart) conducted the prosecution, and Mr. A. Read appeared for the defence. Mr. Stewart, in opening the case, said that the prisoner, under the name of John James MAIN, had had dealings with Messrs Hastings Cunningham and Co, who had to sue him for money, and that immediately afterwards, he addressed a letter to the company requesting an advance of £60 upon the clip of 600 sheep, but instead of signing it (the cheque) "John James Main," he signed it "John McLEOD ," and subsequently executed certain documents in the latter name, by which he got the money from the prosecutors who had assumed that John McLeod was a genuine man. The following evidence was then adduced: John Kane Smyth said, - I am one of the firm of Hastings, Cuningham and Co., I do not know the prisoner, and cannot identify him. We had dealings with a John James MAIN at Bacchus Marsh. Our firm received three letters (now produced, (marked A, B, and C) from that person by post. I produce a letter , dated 'Greendale, 6th March, 1865", and signed John McLEOD which was sent to our firm. It reads as follows :- "I beg that you will make an advance of £60 on the ensuing clip of wool from 600 crossbred ewes now in my possession, and run on lands held by licence under the 19th section of the Land Act 1869". In reply to a communication from our firm, he further wrote that there were no encumbrances on his sheep or the land, the latter being Crown land. We again wrote on the 17th, enclosing for signature a promissory note and cheque for an advance of £60. The cheque has been paid by our Bankers. I gave John James MAIN no cheque about this time for any sum, nor to any other person at that time for £60, except to the supposed McLEOD. On comparing the letters I received from MAIN with those from McLEOD, I believe all were written by the same person. Cross-examined - I never saw MAIN write. I wont swear the 600 sheep mentioned in McLEOD’S letter were not at "Greendale" at that time. Re-examined :- I have made search for months, but cannot find any such person at the place, or the sheep either. Riverine Herald 19 Dec 1876 GAZETTE NOTICES

Licenses approved:- Hastings, Cunningham, and John Kane Smyth, 128,000a., Merrijig run.

1877


Ellen McCarthy Thomas McCarthy v Hastings Cunningham John Kane Smyth



Unit number: 391

This case concerns damages for the estate of Thomas McCarthy over a right of way between Collins St and Flinders Way where HC had built a wool store. Writ dated 5 Jan 1877 claimed damages of £5000. Original judgement went against HC, who appealed to the Privy Council as value of property exceeded £500. 20 Aug 1877 judgement again in favour of plaintiff, but stayed pending jury trial.

1877


Hastings Cunningham John Kane Smyth v William Casey Date range: 1877 - Public access: Open Format: Physical Location: North Melbourne Series number: VPRS 267


Unit number: 392

Writ by Hastings Cuningham 27 Jan 1877 to recover £62/5/6 from William Casey.

1877

Series title: Equity Case Files Description: 2050

William Tomkins versus Hastings Cunningham John Kane Smyth Hastings Cuningham and Company Limited The Australasian Mortgage and Agency Company Limited and others

Date range: 1877 - Public access: Open Format: Physical Location: North Melbourne

Series number: VPRS 259


Unit number: 231

Sydney Morning Herald (NSW : 1842 - 1954), Wednesday 2 May 1877, page 6

THE INTERCOLONIAL EXHIBITION.

The weather yesterday was altogether such as to preclude any attendance at the Exhibition, either in the morning or the afternoon. The evening’s performances were attractive, but the rain necessarily prevented what otherwise would have been a large attendance. in the way of amusements, a good performance is presented, and one which, in itself, and under the circumstances, would prove most attractive A trial of fire-engines was to have' taken place yesterday afternoon ; but this year, as last, the weather prevented it.

At the last moment, accredited commissioners from the sister colony of Victoria have arrived. It seems, so far as we can at present gather, that the original invitation to Victoria was misunderstood. How this could be, is another question, seeing that the refusal to send commissioners was based not on a misunderstanding of the nature of the Exhibition, but on the statement chiefly that no arrangements had been made for the representation of the colony here. However that may be, here they are- Mr. Rome, of the firm of Lorimer, Rome, and Co., and Messrs. J. Harper, and J. K. Smythe- just arrived from Victoria. - One of their principal objects is to examine the Canadian exhibits ; but these, unfortunately for them, have been packed up, and the American exhibits, for the reasons mentioned yesterday, are now not on view.

Argus (Melbourne, Vic. : 1848 - 1957), Monday 10 September 1877, page 6

LAW REPORT.

SUPREME COURT.

OLD COURT HOUSE-SATURDAY, SEPT. 8

SITTINGS IN BANCO - MICHAELMAS TERM (Before their Honours the Chief Justice and Mr Justice Fellows )

EXPARTE CUNINGHAM V THE TRANSFER OF LAND STATUTE.

Rule nisi to restrain the registrar of titles from bringing under the operation of the Transfer of Land Statute a piece of land in Little Flinders street with a frontage to Cross street, and belonging to a Mrs. M'Carthy.

Mr. Billing, Mr. Webb, and Mr. Box showed cause against the rule, Mr. Higginbotham Mr. Holroyd, Mr. A'Dockett, and Mr. Williams supported the rule.

The applicant sought to have the land registered with a right of way over Cross street between Little Flinders street and Collins street. Messrs. H. Cuningham and J. K Smyth who had built a wool store over the Collins street frontage, opposed the

registration of the right-of-way over the whole of Cross street, but were willing to concede the right-of-way between Little Flinders street and the property. The block (about an acre in extent) had belonged to the Melbourne Gas Company, and in 1855 the trustees of the company sold the land by auction through Mr. Stubbs. The plan at the sale showed Cross street running between Little Flinders street (then Flinders lane) and Collins street. Mrs. M'Carthy's husband (since deceased) purchased at this sale allotments 3 and 4 which it was now sought to have registered, and the deed of conveyance gave him a right of way over the reserved portion shown on the plan. It was contended on behalf of Mrs M'Carthy that the reference in the deed sufficiently identified the plan, and made it part of the contract, and that therefore she was entitled to have the right of way over the whole street. On the other hand, it was argued that the right of way merely meant a right of passage to the nearest street, that the nearest street was Little Flinders street, and that Mrs. M Carthy could not claim more than that ; that a plan formed no part of the contract, except as an intimation that the vendor intended to sell the land in three lots, and that the expressions in the deed merely meant that the lot was bounded on the west side by Cross street. This point was not decided by the Court, as a preliminary question was raised on behalf of Messrs. Cuningham and Smyth, namely, that the registrar had no power under the statute to register a right of way over land which had not been brought under the statute. Sect 4, which defined what was "land' within the meaning of the act, said "The word 'land' shall include messuages, tenements, and hereditaments, corporeal and incorporeal, and in every certificate of title, transfer, and lease issued or made under this act shall also include all easements and appurtenances appertaining to the land therein described or reputed to be part thereof or appurtenant thereto. ' It was sub-mitted that a right of-way was not an easement of this description, and it had been so decided in Johnston v. Whyte 5 W W & A'B , where the Court refused to permit registration of a right of way over land not under the act. Sec 64 it was argued, supported that view - "A memorial of any transfer or lease creating any easement over or upon or affecting any land under the operation of this act, shall be entered upon the column of the register book constituted by the grant or existing certificate of title of such land in addition to any other entry concerning such instrument required by this act. ' No in cumbrance, it was therefore argued, could be registered upon other land as was sought to be done here. If Mrs McCarthy had any claim to this right of-way, the refusal to permit this registration would not deprive her of the opportunity, as she could bring an action of trespass, and could then establish her claim in a court of law. In reply to this it was argued that the words "corporeal and incorporeal hereditaments" in Sect 4 must include rights-of-way The object of the act was to give a Parliamentary title to land. What was the use of registering the land without the right-of-way that belonged to it, which was quite as important as the land itself. In Johnston v Whyte, the application was to register a right-of-way merely in gross. In this case the right of way was appurtenant to the land sought to be brought under the operation of the act. In giving judgment in Johnston v Whyte the Chief Justice expressly said that such a right-of-way could be registered. (Mr Justice Fellows remarked that, with all respect for that dictum, it was not essential to the decision of that case, and he could not agree with it), It was further pointed out that no injury could be done to the owner of the land over which the right-of-way was claimed inasmuch as he had the opportunity to appear before the registrar and prove that no right-of-way existed.

The Chief Justice in giving the judgement of the Court, said -This was a motion for an order restraining the Registrar of Titles from bringing land, together with a right of

way over certain other land, called Cross street, under the Transfer of Land Statute. The word " land," when used in the act, is to include corporeal and incorporeal hereditaments, and when used in any certificate of title is to include all easements appertaining to it, or reputed to be part thereof or appurtenant thereto. As regards the land called Cross street, the caveator objects that a certificate of title ought not to be issued which will in any way affect that street or the caveator's title to the soil of it free from all servitude as a right-of-way. He bases his objection on two grounds, first, that there is no right of way further north than 84ft from Little Flinders street, and secondly, that as the land called Cross street has not been brought under the act, there is no power to subject it by means of the act to this kind of servitude or incumbrance. Whether the road or right of way which is admitted by the caveator to exist as far as 84ft, north from Little Flinders-street extends beyond that point, so as to entitle the applicant for registration to use it as a means of access to Collins street is the only point in dispute between the parties for there is no objection whatever to the issue of a certificate in respect of the land on the east side of Cross, street. On the one hand it is contended that as in case of a "right of way of necessity,"

Cross street is only to be used as a means or access to the nearest public highway that is Little Flinders street and. Randall v. Hall was relied upon in support of that view, for which perhaps it may be an authority On the other hand it was contended that a right of way had been granted along the whole length of Cross street, and that the grantee was consequently not limited to the use of that part which would give him access to Little Flinders street, but was entitled also to traverse it northwards and so gain access to Collins street. Which of these two views is the correct one it is at present unnecessary to determine, for in neither event is it allowable to place on the register or in the certificate of title any easement over, upon, or affecting land which has not been brought under the act. There is one mode of indicting an easement, and so far as we can see only one mode pointed out by the act. Sec 64 prescribes that when any easement is created over or upon or affecting any land under the operation of the act, a memorial is to be entered upon the folium constituting the title to such land, or in other words, a blot is to be made in the register on the title to the servient tenement There is no provision for showing on the title of the dominant tenement any easement which may be appurtenant to it, though, as we have already seen, the use of the word "land" will carry with it any easement to which its owner can be proved by evidence external to the register to be entitled to enjoy in respect of his ownership of such land. The Legislature having thus expressly provided a mode of indicating easements over land which has been brought under the act, and having been silent as regards land which has not been brought under the act, the Court cannot, without usurping the functions of the Legislature, apply to the latter the mode of procedure which has been prescribed only for the former, even if there had been, as in our opinion there is not, any reason for supposing that the Legislature would have done it had their attention been directed to the matter. An order must therefore be made restraining the registrar from bringing the right-of-way under the act It must not be supposed that this decision lays down a rule that all incorporeal hereditaments are incapable of registration. We do not, for example, hold that a rent charge issuing out of land not brought under the act, cannot be made the subject of a certificate of title. Our judgment applies only to those incorporeal hereditaments which consist of mere easements as distinguished from actual estates in the land.

1878


Hastings Cunningham John Kane Smyth Hastings Cunningham and Company v Anne Gentles



Unit number: 438

Bendigo Advertiser (Vic. : 1855 - 1918), Tuesday 26 March 1878, page 2


PORT OF MELBOURNE.

ARRIVED HOBSON'S BAY.

March 23.— Derwent. T.S.X. Co.'-* s.s., 352 tons A. T. Woods, from Launceston 22nd instant. Passengers—saloon: Messrs. "W. Ivonnan, J. K, Smyth,

Wagga Wagga Advertiser (NSW : 1875 - 1910), Wednesday 15 May 1878, page 4

LAND NOTES.

CONDITIONAL PURCHASES as follow were made at the several Land Offices on Thursday last :—

ALBURY. — …… H. Cuningham and J. K. Smyth, 270a, Cumberoona ;

Riverine Grazier (Hay, NSW : 1873 - 1954), Saturday 6 July 1878, page 2

HAY MUNICIPAL COUNCIL.

Thursday, July 4th.

The fortnightly meeting of the council was attended by six aldermen.

The persons mentioned in the subjoined list will be permitted to purchase, under the '2nd clause of the Lands Acts Amendment Act, the portions of improved land specified against their names:— H. . Cuningham and J. K. Smyth.' 040a, North Gogeldrie' run ; Australian Joint Stock Bank, 60a, county Waradgery, Book Book run;

Australasian (Melbourne, Vic. : 1864 - 1946), Saturday 3 August 1878, page 15

LATE ADVERTISEMENTS.

Prospectus Of

HASTINGS CUNINGHAM and COMPANY (Limited);

Capital, £750,000, in 150,000-shares of £5 each

. (With power to increase),

5s. to be paid on application and 15s. on allotment.

N.B.-It is not anticipated that any further calls will be made.

Directors :

Sir JAMES MCCULLOCH, K.C.M.G.

J. L. CURRIE, Esq.

ARCHD. FISKEN, Esq.

THOS. SHAW, Esq.

Managing- Directors:

HASTINGS CUNINGHAM, Esq. J. K. SMYTH, Esq.

Bankers:

The LONDON CHARTERED BANK of AUSTRALIA.

London Agents:

Messrs. LEISHMAN, INGLIS, and Co. Solicitors

Messrs. MALLESON, ENGLAND, and STEWART.

Wool Valuer:

JONATHAN SHAW, Esq.

This company has been formed for the purchase of the warehouses of Messrs. Hastings Cuningham and Co., and the old-established business of that firm, which will be carried on as heretofore, under the management of the present partners, Messrs. Hastings Cuningham and J. K. Smyth, in connexion with the Board of Directors.

The business will be taken over on payment of a bonus equivalent to the profits of the past year, and the warehouses at an agreed valuation. The whole of purchase money to be paid in the £5 shares of the company, £1 paid.

It is proposed for the present to limit the issue of shares to 100,000.

Forms of application for shares may be obtained at the Australasian Wool Stores, Collins-street west.

Application having been received for nearly the whole of the shares the subscription-list will be closed on the 8th August, and the allotment will be made on the following day.

Ballarat Courier (Vic. : 1869 - 1880; 1914 - 1918), Saturday 14 September 1878, page 2

Melbourne.

The Queen v Cunningham, which came before the Full Court to-day, was a special case stated, by consent, to try the question of the liability of partners under the Land Tax Act. Mr Cunningham is the part proprietor of two stations, his partners being respectively Mr J K. Smyth and Sir James M'Culloch. The commissioners exempted a portion of the first estate from taxation, and in assessing the value of the second it appears that in fixing Mr Cuningham's liability they did so without recognising the first exemption. The court reserved its decision.,

Geelong Advertiser (Vic. : 1859 - 1929), Monday 16 September 1878, page 3

IMPORTANT CASE UNDER THE LAND TAX

A special case under the Land Act was argued in the Supreme Court on Friday, in the matter of the Queen v. Cuningham and another. It appears that the defendants Mr, Hastings Cuningham and Sir James M'Culloch - are owners of the Mount Battery estate, and that Mr Hastings Cuningham and Mr John Kane Smyth are owners of the Fairlie estate. The land valuators under the Act assessed the Fairlie estate at £650 for taxation, after deducting the sum of £2500 in accordance with section 3; and they assessed - the Mount Battery estate at £43,474 for taxation - the whole capital value. The question for the opinion of the Court was, were the defendants entitled to have the capital value of the Mount Battery estate reduced by £2500, seeing that a reduction of £2500 had been already allowed in estimating the capital value for taxation of the Fairlie estate belonging to the defendants, Mr Hastings Cuningham and Mr J. K. Smyth ? The contention on behalf of the Crown was that section 7 makes a part owner a sole owner, and that Mr Cuningham could not claim exemption of the £2500 a second time. On the other side it was urged that the tax is on the estate, not the individual, and that the duty of the valuators was to reduce the capital value of the Mount, Battery estate by £2500, as well as the Fairlie estate, notwithstanding that Mr Cuningham is part owner of both. The Court reserved judgment on the point

Australasian (Melbourne, Vic. : 1864 - 1946), Saturday 26 October 1878, page 25 [THIS ADD RAN FROM JUL 1869 TO DEC 1880 IN MANY PAPERS]

ADVERTISEMENTS.

HASTINGS CUNINGHAM and COMPANY (Limited).

Capital, £760,000, With power to increase.

DIRECTORS.

Sir James M'Culloch, K.C.M.G. J. L. Currie, Esq., Thomas Shaw, Esq., Archd. Fisken, Esq.,

Managing Directors.

H. CUNINGHAM, Esq. J. K. SMYTH, Esq.

liberal CASH ADVANCES made on the ensuing clip, and upon approved station securities.

W. S. MACKENZIE, Secretary. The Australasian Wool Stores.

Collins-street west, Melbourne

1879


Hastings Cunningham John Kane Smyth Hastings Cunningham and Company v P J Kelly



Unit number: 440

1879


Hastings Cunningham and John Kane Smyth v Francis Jenkins Date range: 1879 - Public access: Open Format: Physical Location: North Melbourne Series number: VPRS 267


Unit number: 459

1879


Harding Cunningham John Kane Smyth Harding Cunningham and Company v Anne Gentles

Date range: 1879 -

Public access: Open Format: Physical Location: North Melbourne



Unit number: 464

1879

Series title: Land Selection And Correspondence Files Description: C18249

HASTINGS CUNINGHAM AND JOHN KANE SMYTH MOLKA 27B 31 33 45A 48 49

Date range: 1879 - 1879 Public access: Open Format: Physical Location: North Melbourne Series number: VPRS 5357


Unit number: 5192

Wagga Wagga Express (NSW : 1879 - 1917), Wednesday 25 June 1879, page 4

IMPORTANT PASTORAL CASE.

PARKER V. CUNINGHAM AND ANOTHER.

(Argus.)

This was an action by Mr. F. L. Parker against Mr. H. Cuningham and Mr. J. K. Smyth, members of the firm of Hastings Cuningham and Co. The first count was for money had and received to the plaintiff's use, and the second count was for breach of an agreement to carry on the plaintiff in his squatting operations for a year from December, 1876. On the first count the defendants paid £75 into Court; as to the second count the principal pleas were that it had been mutually rescinded, that the defendants had not broken the agreement, that the agreement was made on the understanding that the plaintiff was to give security for the advances made. Mr. A'Beckett and Mr. Purves for the plaintiff ; Mr. Webb, Q.C., and Mr. Higinbotham for the defendants. Mr. Parker, the plaintiff, said that in 1873 he owned the Quiamong and another station in New South Wales. He had dealings with the defendants, who acted as agents for him. In March of that year he owed them £2666 1s. 9d„ and they agreed to advance .£5000 on receiving a mortgage to secure £8000 and further advances. By a mistake his indebtedness was made out to be £7866 1s. 9d., but this mistake was afterwards rectified. The defendants were to charge 9 per cent, interest from the date of the mortgage till the date of payment without any deduction, and as to all and every other sums that may have been advanced in respect of bills and notes

that may be discounted, or in respect of any other loans for account or at the request of the mortgagor ; the interest was to be compound, at half yearly rests. The accounts were sent to him sometimes accompanied by a promissory note for the advances made. He would sign the note and return it, and it would be discounted. On one occasion he asked one of the defendants if he was sure he was only charging 9 per cent, and the reply was that that was all. In December, 1876, the indebtedness had increased to about £17,000, ' and the defendants spoke several times to him about reducing it. The increase arose principally from his having purchased a number of acres from the Crown. Mr. Smyth told him to purchase as much as he could at every opportunity. The accounts were produced, and he (Parker) then objected to several of the items charged against him, including £327 for commission on advances. The defendants asserted that they were perfectly legitimate charges. The plaintiff then said if they would carry him on for a year without bother he would assent to it. This was agreed to, and the arrangement was reduced to writing. The defendants wrote a letter dated 22nd December, 1876, to plaintiff: — 'The following we understand to be the arrangement as verbally agreed upon this day for the carrying on your business for the next 12 months. The amount of your debit balance, as per account rendered, is now settled between us as £16,441 10s 6d. (after deduction of certain amounts named), and any further advances we may give during the currency of the year 1877 to bear interest at the rate of 9 per cent, per annum. All sums for which you may be credited also to bear interest at the same rate. We are to charge 1 1/2 per cent upon all amounts debited to your account less the amount of proceeds arising from the sales of wools, skins, and tallow, due notice to be given to you for the advances you require, which, with the debit balance already stated, are to be fully covered by securities to our satisfaction. Upon any sales of stock you yourself negotiate we to have a commission at the rate of 1 1/2 per cent.' The plaintiff continued to draw on the defendants, and in June, 1877, his account stood at £21,911. Mr. Smyth, in one note to him about that date, wrote that his drawings for the last six months had been on a liberal scale, about £5400. Mr. Smyth afterwards explained that this was a hint to him not to draw so heavily. On the 22nd June Mr. Smyth again wrote that the advances were altogether £21,911, and it was therefore absolutely necessary that the firm should be made aware of the amount that he (Mr. Parker) expected them to provide to the end of the year, and that the lowest possible figure should be stated. Mr. Parker came to town and saw Mr. Cuningham, who said his account was getting very big again. Parker replied he could not help that. Cuningham said that he would be in a splendid position if he sold off one of the stations known as the D Block, and then he would have the other free. Parker replied, ' Why should I?' It was, however, at last agreed that the D Block should be put up, but there was only one bid for it, and it was not sold. A day after the attempted sale he saw defendants again. Cuningham said the station was not sold. Parker said it was a good job. Cuningham said the account must be reduced considerably. Parker replied it was too bad to bring him to town after the arrangement that had been made. Cuningham said it was too big, and it must be reduced ; that they could not have so much money in one man's name. Parker then asked whether, if he got his brother's guarantee for three years, they would carry him on for that time. Defendant replied that if he got it for six months he would consider the question. To this plaintiff rejoined, ' Do you want to get rid of my account ?' Cuningham replied, ' You must pay us off.' Plaintiff then went and saw Messrs. Dalgety, Blackwood, and Co., and they agreed to take over his account, and paid defendant £24,699 10s. 9d. A few days before the transfer of the securities was made, Mr. Smyth wrote to him, asking what amount he required to carry on ; but in cross examination, Mr. Smyth

said that at that time he knew the plaintiff was negotiating to take the account elsewhere. The case as put for the plaintiff was, that the defendants had no right to charge 1 1/2 per cent, commission on the advances ; that as regarded the £8000 lent in March, 1874, they were not entitled to charge compound interest, but only simple interest ; that as regarded the other advances, the defendants should have charged discount instead of interest. After the account had been transferred, plaintiff's attorneys wrote submitting that plaintiff was entitled to a refund of £1304 on the whole account. Defendant's attorneys replied that the account had been carefully gone over, and an error of only £23 was discovered, which was not large considering the length of time the transactions covered and the amounts advanced. This amount was paid to plaintiff's attorneys. It was contended for the plaintiff that the real error was £1087, and that the defendants ought either to return that amount on the count for money had and received, or give compensation under the second count for failure to carry him on for the whole 12 months, as it was in consideration of that agreement he had abandoned his objections to the overcharges. He also claimed a sum of about £250 expenses in connection with the transfer of the account from defendants to Dalgety, Blackwood, and Co. Mr. Smyth, who was examined for the defence, said that the accounts furnished after the mortgage of March, 1874, were after the same manner as they had been supplied before that date. They had always been in the habit of getting promissory notes from him for the advances. These they discounted at their own bank, and charged him only a small advance on the rate they had themselves to pay. Parker complained of their charging too much interest, but he (Smyth) pointed out that it was done on exactly the same principle as he was charged in another place. Afterwards plaintiff complained of the charge of 1 1/2 per cent, for the advances. He (Smyth) said he was entitled to charge it, as they were out of their money, and if they had lent it to other squatters, they would have got the commission in the sale of the wool. In December, 1876, when the arrangement was made to carry on, Parker estimated the station expenses for the year at £5000, but in June he had drawn £5400, and he therefore wrote to him it was absolutely necessary to be told what more was wanted and for what purpose. He denied that there was any agreement to carry him on absolutely for 12 months. In cross examination, Mr. Smyth said they charged 5 per cent, on the sale of one property in which plaintiff was interested with another person named Tomkins, and of which they received part of the proceeds, because it was usual to make such charges. Parker refused to pay it, and they charged it to Tomkins. They got a return commission of per cent on sales of stock ; that also was usual. (This charge was not among those objected to). Mr. W. S. Mackenzie, accountant to the defendants, swore that the accounts as made up were correct, and, if anything, the plaintiff had been overpaid. Mr. Cuningham was absent from the colony, but his evidence was taken on commission, and was substantially the same as Mr. Smyth's. His Honour expressed an opinion that the first count could not be sustained, as an action for money had and received could only lie where there was a total failure of consideration, and here the defendants had carried on the plaintiff for 10 months after the agreement of December, 1876. If the jury thought the plaintiff had given reasonable security for the advances the defendants were not at liberty to break the contract, but as regarded the damages the question was whether he sustained any loss by having to make the transfer of the account. He reserved the defendants leave to move the Court on any of the items as to the construction of the mortgage of 1876 or otherwise. The jury, after deliberating three hours, came into Court, and, by a majority of three-fourths, gave a verdict for the plaintiff on the second count, damages £953 ; and a unanimous verdict for the defendants on the first count

The Argus 13 Sep 1879 Mr John Kane Smyth has been nominated vice Consul General of the United States at Melbourne, and His Excellency the Governor has been pleased to recognise Mr Smyth in that capacity provisionally, pending the arrival of the exequatur. Congressional Directory 29 Jan 1880 COMPILED FOR THE USE OF CONGRESS By F. A. RICHARDSON, CLERK OF PRINTING RECORD*. EDITION. CORRECTED TO JANUARY 29, 1880. Melbourne Australia: John Kane Smyth Vice Consul General. Leader 7 Feb 1880 GOVERNMENT GAZETTE John Kane Smyth has been definitely recognised as Vice-Consul-General for the United States at Melbourne. Riverine Grazier 5 May 1880- Department of Lands Sydney 26 April 1880 ERRORS IN DEEDS. NOTICE is hereby given that the Deeds of Grants mentioned in the Schedule hereunder written being erroneous in the particulars therein set forth, His Excellency the Governor will, in pursuance of the provision of the titles to Land Act. 1858, at the expiration of three months from the date hereof, under his hand and the Seal of the Colony, describe the names of the intended grantees to the intent that by force of the Act aforesaid they shall be taken to have been inserted in the grants and in every deed containing the erroneous names, and each such grant and every such deed shall operate and be construed accordingly! JAMES HOSKINS SCHEDULE ABOVE REFERRED TO. Date of grant— 20th May, 1870. Name of grantees— Hasting Cunningham and John Kane Smyth. Description of land granted — All that piece or parcel of land in the Colony of New South Wales, containing by admeasurement twenty-six acres, be the same more or less, situated in the county of Nicholson, and parish of Redbank, portion 17a; Commencing at the north eastern corner of portion ten, of one hundred and eighty five acres and bounded thence on the north by a road bearing south eighty-nine degrees thirty one minutes east nine chains ninety-four links ; on the east by a line bearing south twenty-six chains sixteen links ; on the south by a line bearing west nine chains ninety four links ; and on the west by the eastern boundary of portion ten aforesaid bearing north twenty-six chains twenty-four links and a half a link, to the point of commencement,— being the land sold as lot D under the advertisement dated the 12th day of April, 1878. Nature of misnomer — The names of the grantees having been erroneously inserted in the grant as Hastings Cunningham and John Vane Smyth,' instead of Hastings Cunningham and John Kane Smyth. Names of intended grantees— Hastings Cunningham and John Kane Smyth. Names of parties applying for instrument — Hastings Cunningham and John Kane Smyth. Date of grant— 10th June, 1879. Name of grantees— Hastings Cunningham and John Vane Smyth. Description of land granted— All that piece or parcel of land in the colony aforesaid, containing by admeasurement forty acres two roods, be the same move or less, situated in the county of Nicholson and parish of Redbank, portion

twenty-seven : Commencing at the south-eastern corner of portion twenty-one of eighty five acres ; and bounded thence on the west by part 'of the eastern boundary of that portion bearing north twenty minutes east twelve chains seventeen links ; on the north by part of a southern boundary of portion twenty acres to the east twenty-eight chains and sixty-seven links ; on the east by the western boundary of two acres two roods for a Church of England Burial ground bearing south five chains; again on the north by the southern boundary of that burial ground and the southern boundary of one acre two roods for a Roman Catholic Burial-ground, in all bearing east eight chains ; again on the east by a road one chain wide bearing south seven chains seventeen links; and on the south by a line hearing west thirty-six chains and seventy-four links, to the point of commencement,—being the land sold as lot EE under the advertisement dated the 12th day of March, 1878. Nature of misnomer— 1 The: names of the grantees having been erroneously inserted in the grant as' Hastings Cunningham and John Kane Smyth,' instead of 'Hastings Cunningham and John Kane Smyth.' Names of intended grantees— Hastings Cunningham and John Kane Smyth. Names of parties applying for instrument— Hastings Cunningham and John Kane Smyth.

Aberdeen Journal 2 Jun 1880

THE AUSTRALASIAN MORTGAGE AND AGENCY COMPANY, LIMITED. CAPITAL, £1,000,000 (divided into l00,000 Shares of £10 each of which 10s per Share will be payable on application, 10s on allotment, and £1 upon lst October next. - It is not intended to call up more than £2 per share. The amount already subscribed in Australia is £500,000, the remaining £500,000 is now offered for Subscription in this country. DIRECTORS IN GREAT BRITAIN.- JAMES COWAN, Esq., M.P., Edinburgh. JOHN INGLIS, Esq. (of Leishman, Inglis, & Co., 115 Cannba Street, London). H. MACDUFF-DUNCAN, Esq., Linkfield House, Greenhill Gardens, Edinburgh. CHARLES FARQUHAR M'KINNON, Esq. (of Messrs RobertjljMlesworth' & Co., Cowl Cowl Station, New South Wales), Bilston Lodge, Loanhead. W. J. MIENZIES, Esq., Writer to the Signet, Edinburgh. E. EIS1KIN2 SCOTT, Esq., Chartered Accountant, Edinburgh. DIRECTORS' IN AUSTRALIA., SIR JAMES M'CULLOCH, K C.M.G., J. L. CURRIE, Esq . ARCHIBALD FISKEN, Esq. THOMAS SHAW, Esq. MANAGING DIRECTORS IN AUSTRALIA. HASTINGS CUNINGHAM, Esq. & JOHN KANE SMYTH, Esq. WOOL VALUER-JONATHAN SHAW, Esq. BANKERS THE ROYAL BANK OF SCOTLAND, EDINBURG, LONDON, and BRANCHES. : THE LONDON CHARTERED BANK OF AUSTRALIA. : SOLICITORS ; Messrs MENZIES, COVENTRY; & SOOTE, in Edinburgh. Messrs MALLESON, ENGLAND, & STEWART, in Melbourne. SECRETARY IN THE COLONY-W. S. MACKENZIE, Esq., Melbourne. AUDITORS-Messrs C. & D. PEARSON, C.A., Edinburgh. HEAD OFFICE -No. 10 CASTLE STREET, EDINBURGH. SECRETARIES--Messrs R. & E. SCOTT, C.A., Edinburgh. OFFICE IN MELBOURNE. THE AUSTRALASIAN WOOL STORES, COLLINS STREET WEST. AGENTS IN LONDON-Messrs LEISHMAN, INGLIS, &z CO., 115 Cannon Street. Messrs TORRIE, BRODIE, & MACLAGAN, 88 George Street, Edinburgh. M Messrs J. C. & J. LEE~ SMITH, 62 St Vincent Street, Glasgow. ABRIDGED PROSPECTUS. THIS COMPANY has been incorporated for the purpose of taking over and extending the old-established business of Hastings Cuningham & Co. (Limited), of Melbourne, Australia, which has a paid-up capital of

£100,000 held in the colony. This business comprises the making of advances upon freehold land, stock, stations, growing wool, and other securities, and the realisation on commission of pastoral and agricultural produce either in the colonies or after shipment to England. It has been thought desirable to incorporate the Company in this country with the view of borrowing money here for investment at the high rates prevailing in the Colonies, and it Is to be carefully noted that the Capital, when subscribed, can be immediately employed in taking up an existing and profitable business which admits of almost indefinite extension The operations of Hastings Cuningham & Co. (Limited), for the year ending on the 30th September, 1879, resulted in a net profit of £11,855, after paying expenses of management and the interest on money borrowed at Colonial rates, notwithstanding that the period embraced in the accounts was one of almost unparalleled commercial depression. That the profits for the current year will be considerably in excess of the last admits of little doubt as £14,000 has already beer realised for the half- year from the 30th September to 31st March last; this, however, is the period within which the season's clip of wool comes to market, and the profits from its sale are brought into account. It is provided by legislative enactment in all the Australian Colonies that advances made upon the security of a growing clip of wool may be registered, so as to give the party making the advances an indefeasible right to-take the wool after shearing, and to follow it into whosoever hands it may go. In his way a title is obtained as complete as the title to land whilst the commodity over which the security is taken is portable, has a regular marketable value, and can be realised without delay. Advances upon such liens are, therefore, as well secured as leans upon land; but there is no possibility, as in the latter case, of an indefinite lockup of money. No promotion-money has been or will be paid for establishing the Company, and the preliminary expenses will be limited to actual outlay. Full Prospectuses and Forms of Application for Shares may be had either from the COMPANY's BRANCHES, or at the OFFICE of the COMPANY. Edinburgh, 10 Castle Street, 31st May, 1880. Edinburgh,

Age (Melbourne, Vic. : 1854 - 1954), Friday 20 August 1880, page 3

THE POULTRY SHOW, .

The fourth annual show of poultry, pigeons and canaries was opened at the Town Hall yesterday.

Australian and Other Birds.— Ring-necked or Indian parrot: 1st, J. K. Smythe.

The Argus 2 Oct 1880 THE COMMISSIONERS AND EXECUTIVE OFFICERS UNITED STATES Mr John K. Smyth, Vice Consul General

Age (Melbourne, Vic. : 1854 - 1954), Saturday 9 October 1880, page 5

GOVERNMENT GAZETTE. '

The following notifications appear in last night's issue of the Gazette : — His Excellency has recognised John Ferguson as honorary commissioner for Queensland, at the Exhibition; and J. K. Smyth, vice-consul for the United States, as honorary commissioner for the United States.

Weekly Times (Melbourne, Vic. : 1869 - 1954), Saturday 6 November 1880, page 8

Special Advertisements. "NOTICE to FARMERS and CONSIGNORS of GRAIN, Etc. The Undersigned have decided to ABOLISH the CHARGE of one per cent. GUARANTEE on Sales of Grain other produce on and from the 1st of November. (Signed) , I R. GOLDSBROUGH and Co. THE AUSTRALASIAN MORTGAGE and AGENCY Co. . John K. Smyth, Managing Director. THE NEW ZEALAND LOAN and MERCANTILE AGENCY Co., Limited. David Elder, Manager. ; MONCKTON D. SYNNOT BROTHERS. ; Melbourne, 3rd November, 1880.

Sydney Morning Herald (NSW : 1842 - 1954), Monday 28 February 1881, page 7

DEPARTURES FOR FOREIGN PORTS.

February 24. — R. M. S. City of New York, 3400 tons, Captain W. B. Seabury, for San Francisco, via Auckland and Honolulu. Passengers. — Saloon to San Francisco; Mr and Mrs Gayland and 2 children, Mrs Wilson, Mrs. M'Allister, Dr. Christopher Gunn, Mr. and Mrs. T. P. Webb and son, Mrs. Harvie, Misses Austin (2), Miss Nicholson. Miss Stobart, Dr. Weddell, Messrs. R. G. Mudge, J K Smythe, G. A. Passingham, W. Williams, G. Tutell J Christian, H. G. Mansell, F. Clayton, G. Verny, J C Lindsay, J. A. Lindsay, J. Whitehead, George H. Whitehead, W. Gardner, W. Easton, C. Lowell, T. Phelps, H. Harwell, R. F. Carpenter, G. Markham, W. J. Cruger, H. G. Case, R. Sinclair, H. Alexander, J. M'Illwraith, J. H. Hoole and servant, A. Curtin, R. M. Perkes, J. L. Adams, R. P Mansfield, Satcliffe Peridges, M. Chadwick, E. Harrow, and 37 in the steerage.

Argus (Melbourne, Vic. : 1848 - 1957), Tuesday 8 March 1881, page 6

THE GOVERNMENT GAZETTE.

Mr O A Spencer having been provisionally designated acting vice consul general for the United States at Melbourne, during the absence of Mr J K. Smyth on leave, His Excellency has been pleased to recognise Mr Spencer accordingly [In July 1881 JKS was in Bar Harbour, Maine, USA – see photo]

Evening News (Sydney, NSW : 1869 - 1931), Friday 1 April 1881, page 2

CABLE MESSAGES.

The Mail Steamer City of New York overdue at San Francisco. A WAR VESSEL SENT IN SEARCH

LONDON, March 31 — The R.M.S.S. Co.'s steamer City of New York, which left Sydney for San Francisco on the 24th February last, and due at San Francisco on the

24th March, has not arrived. As she carries a large number of passengers, great anxiety is felt at her non arrival, and the United States Government have dis patched a man-of-war to search for her, and if required, render assistance. [The steamer City of New York is a screw vessel of 3400 tons, and commanded by Captain Seabury, who was now on his second homeward trip. The following is a list of passengers who left Sydney in her : — Saloon to San Francisco : Mr. and Mrs. Gay land and 2 children, Mrs. Wilson, Mrs. McAlister, Dr. Christopher Gunn, Mr. and Mrs. T P. Webb and son. Mrs. Harvie, Miss Nicholson, Miss Stobart, Dr Weddell, Messrs. R. G. Muge, J. K. Smythe, G. A.. Passingham, J. Christian, H. G. Mansell, F. Clayton G. Verav, J. C. Lindsay, J. A. Lindsay, J. White head, George H. Whitehead, W. Gardener, W. Easton, C. Lovell, T. Phelps, H. Harwell, R. F, Carpenter, G. Markham, W. J. Cruger, H. C. Case, E. Sinclair, H. Alexander, J. M'llwraith, J. H. Poole and servant, A. Curtin. E. M. Perkes, J. L. Adams. E. P. Mansfield, Stacliffe Peridges, M. Chad wick, E. Harrow, and 37 in the steerage.]

March 1881 - Telegraph (Brisbane, Qld. : 1872 - 1947), Thursday 2 October 1930, page 11

Mishap to Tahiti

Old Time Memories

Story of Modern "Jonah"

The loss of the Union Steamship Company's liner Tahiti has reminded Mr. George Markham, an ' old-time Queenslander, of a narrow escape which the steamship City ot New York had nearly 50 years ago. One of the passengers on board Mr. Markham shows might be classed as a modern Jonah. Indeed he outdid Jonah In the number of the mishaps in which he figured, although he lacked Jonah's submarine experience. Mr. Markham now lives at - 30 BeIlaupoint Road, Balmain, Sydney. I thought It probable (writes Mr, Markham) that the sad mishap to the Tahiti might have brought to mind a somewhat similar one nearly fifty years' ago. The City of New York, Captain Seabury In command, took the running of the Zealandia for the voyage from San Francisco to Sydney early In 1881. I forget the exact date of our leaving Sydney, but we had a very rough passage to Auckland. Only six out of seventy saloon passengers appeared at meals In the saloon. They were. Drs. Gunn and Weddell. who were returning to England after bringing two shiploads of emigrants to Queensland, Mr. J. K. Smyth; Vice Consul for the United States in Melbourne, and general manager of the Australian Wool Stores, M Chauncey Cruger, sugar planter, Bundaberg, Queensland, myself, also from Bundaberg, and Captain Wyke, We occupied the ship's doctor's table — Dr. Trask, a splendid old gentleman. Possibly Captain Trash, chief officer of the Ventura, which took off the Tahiti's passengers, is a connection.

UNTOWARD EXPERIENCES. ' Captain Wyke had been chief officer In the P and O. Line, but had retired from the sea because of his unfortunate experiences with It; He was an officer in the Rangoon when she dragged her anchors and went to pieces In a hurricane at Point de Galle, Ceylon. On a voyage to Calcutta he was talking to one of the engineers when an explosion took place, seriously Injuring his companion without hurting him. On another voyage homeward bound in the Red Sea, he was on

night watch when a passenger clad in pyjamas, came on to the bridge, wished him good-bye, jumped overboard, and was never seen again.-

FROM SEA TO LAW. " He left the sea on arrival In England, studied for the bar, and; was admitted at Lincoln Inn. He married a wealthy French lady. She had a very serious Illness and when convalescent was ordered a sea voyage. Ill-luck continues. They took passage for Australia in a sailing vessel the Hydaspes. Within thirty hours, after leaving Gravesend the Hydaspes was run down in. a collision off Dungeness. Nothing daunted they again booked their passage for Australia in the sailing ship Herefordshire. They had a splendid passage until they reached Port Adelaide when the ship went ashore and became a total wreck. They booked their passage for England in the City of New York. Having such a Jonah on board, it was only to be expected that we might meet with some misadventure.

SERIOUS BREAK DOWN. Four or five days after leaving Auckland In splendid smooth weather, there was a crash and immediately the engine slopped. The crank pin of the shaft had broken and, but for the engineer being at the throttle valve and shutting off steam on the instant, another revolution of the propeller, so the engineer said, probably would have made a hole In the ship's bottom.-Marconi had not then appeared on the horizon so that no S.O.S, was possible and there was little hope of any-passing ship;. The mainsail was set to keep the ship steady, and the engineers commenced to chisel out the broken crank pin. It was discovered then that that which should have been a duplicate was over an Inch In diameter larger than the broken one. Engineers and firemen were hard at work in relays of-30 minutes, chiselling the red hot steel. I forget exactly, how many days It took to effect the repairs, but we arrived at Honolulu thirteen days behind time. We heard that special prayers, were offered at Church services In Australia, England, and the United. States' for our safety and that British and United States men of war were looking for us,

TROUBLE AT HONOLULU. Captain Seabury prior to coming to Sydney, had been running to South America, Mexico, and Texas ports for yours and attempted to rule Britishers and Americans in the same bombastic fashion that he had adopted to the other races. Thus friction developed at Honolulu. As 'Smallpox prevailed on the island, we were forbidden to land, but were permitted to go on the wharf. Captain Wyke, who had a former ship mate, who then was practising as a doctor In Honolulu, wished to ascertain whether he was In town. If so he would break his passage. The captain told him that If he went ashore he would not be allowed back on board. A quartermaster just then reported that the American flag had been hauled down and was floating astern. The passengers were taxed with attempting a mutiny and Captain Wyke was threatened to be put In Irons. The fat was In the fire, however, when we were told that sixty second-class passengers were to come on board for San Francisco. A round robin was signed and was handed to the captain. Mr. J. K. Smyth. Vice-Constul for the United States in Melbourne, was the first to sign and Mr.' Justice Webb, of Melbourne, was the next. This document declared that the company would be held liable should disease break out or for any quarantine delay on arrival at 'Frisco, Nothing happened, however. But Dr." Trash, who was the guest of his shipmates at the Palace Hotel on the evening of our arrival (April 3, 1881); Informed us that Captain Seabury and the chief engineer had both been dismissed, the chief engineer for carelessness in not having shipped a proper duplicate of the crankpin. Captain, and Mrs. Wyke visited Salt-lake. City,. I stayed at Sacramento. We were to

meet at Chicago, but they were ahead of me and when I got there a span of the railway bridge over the Missouri had been knocked out by ice floes, necessitating ferrying across to get trains for New York, where I arrived on April 14

SMH 21 Apr 1881 THE AUSTRALASIAN MORTGAGE AND AGENCY COMPANY (LIMITED), With which is Incorporated HASTINGS CUNINGHAM and COMPANY (LIMITED.) CAPITAL £1,000,000, (with power to increase.) SYDNEY OFFICE : 318, GEORGE-STREET SYDNEY, near the Post-Office and Bank of New South Wales. AUSTRALIAN DIRECTORS : Sir JAMES M'CULLOCH, K.C.M.G. ARCHIBALD FISKEN, Esq. J. L. CURRIE, Esq. THOMAS SHAW. Esq. HASTINGS CUNINGHAM. Esq. Managing. JOHN KANE SMYTH, Esq. Managing. Liberal Cash Advances made upon the ensuing clip of Wool, whether for Sale in Sydney, Melbourne, or London, and upon approved station securities . W.H. MACKENZIE. Secretary. Sydney April 14th 1881. This ad ran in many papers until Jul 1881

From the biography of Mary Grant Smyth Squires

In 1867 Mr. Smyth took his family to St. Paul, Minnesota, where his five daughters received their education. Mrs. Squires, having completed her course at the St. Paul High School, enjoyed also the advantages of a thorough musical training. During this period she studied singing under Francis Korbay in New York City. When she was about twenty-two years old [ie c.1881], she spent a year in Melbourne, Australia, with her uncle, John Kane Smyth, and also visited the Hawaiian Islands. Since then she has traveled extensively in Europe. On April 29, 1886, she was married in St. Paul, Minnesota, to George Clarke Squires, a lawyer. They are the parents of two sons, Cameron Squires of Portland, Oregon, and George Squires, First Lieutenant in the 17th Aero Squadron, United States Army (killed in action May 18, 1918), and one daughter, Mary Rebecca Squires (Mrs. Mackey Thompson).

The Argus 5 Aug 1881 THE COMMERCIAL UNION ASSURANCE COMPANY (of London) FIRE and MARINE AUSTRALIAN BRANCH Province of Victoria LOCAL BOARD John Benn Esq , Chairman Thos. J Finlay, Esq (Messrs Powers, Rutherford, and Co ) Wm Peterson, Esq (Messrs Wm Paterson and Co) Wm Howard Smith, Esq (Messrs W Howard Smith and Sons)

John Kane Smyth, Esq (Australasian Mortgage and Agency Company) The above named gentlemen have this day assumed office as Directors of this company in the colony of Victoria W H JARRETT, Resident General Manager for Australia and Tasmania August 4, 1881_ NSW Unassisted immigrant passengers lists 1822-1926 (Ancestry.com)

Name: J K Smyth

Port of Departure: San Francisco, California, United States

Port of Arrival: Sydney, New South Wales

Voyage Arrival Date: 30 Aug 1881

Vessel Name: City Of New York

Argus (Melbourne, Vic. : 1848 - 1957), Friday 2 September 1881, page 5

OVERLAND PASSENGERS TO AND FROM SYDNEY.

The following is the list of passengers for Melbourne and Sydney passing through Albury, as forwarded by our correspondent :

ALBURY, THURSDAY.

For Melbourne - ……… J K. Smyth,

Sydney Mail and New South Wales Advertiser (NSW : 1871 - 1912), Saturday 3 September 1881, page 428

ARRIVALS. August 29.

City of New York (s.), 3020 tons, Captain Cobb, from San Francisco July 31, Honolulu August 8, Auckland August 24. Passengers—From San Francisco : Mrs. W. A. Nichols, Mrs. W. Stuart, Mrs. S. Wieencr, Miss Miller, Miss Johnston, Air. and Mrs. A. L. Thomas, Dr. Pringle Hughes, Lieutenant Plant, Messrs. P. J Fitzpatrick, n. D. Abbot, J. R. Manes, J. Conlinsk, A. C. Shuffler , -J B. M. Collyns, R. Allen, B. A. Robertson, J. K. Smythe, R. te Kloot, C. F. Hendce, A. Younge, and 21 steerage ; from Honolulu : Messrs. S. fitaincs, C. F. Eastman, and 1 steerage ; from- M New Zealand: Mrs. Shepherd, Miss Montefiore, and 24 steerage-, 3 Gilchrist, Watt, and Co., agents.

The Argus 22 Sep 1881 THE COMMERCIAL UNION ASSURANCE COMPANY (Of London), FIRE and MARINE. CAPITAL .. ..£2,500,000. Paid up, £260,000. Accumulated Funds, £2,056,090

Annual Revenue (nearly), £1,000,000. AUSTRALIAN" BRANCH. Province of Victoria Chief Offices-80 COLLINS-STREET WEST, MELBOURNE LOCAL BOARD :JOHN BENN, Esq (Chairman). THOS J. FINLAY, Esq (Messrs Powers, Rutherford, and Co ) J. S. HORSFAW , Esq (Messrs R Goldsbrough and Co) WM. PETERSON, Esq (Messrs. Wm Peterson and Co ) WM. HOWARD SMITH, Esq. (Messrs. W. Howard Smith and Sons) JOHN KANE SMYTH, Esq (Australasian Mortgage and Agency Company) FIRE RISKS of all classes, town and country, accepted at current rates. Dwellings and non tariff risks on exceptionally favourable terms. MARINE RISKS on goods, hulls, and other descriptions of insurable interest, at reduced rates Wool insured from sheep's hack to London, Including all risks by fire and flood. The RATES of PREMIUM charged by this company have been set ¿sod, so as to place all its constituents upon the most favourable forms procurable without the undefined liability attaching to membership of the so-called "mutual" offices. W. H. JARRETT, Resident General Manager for Australia and Tasmania. This ad (and similar ones) ran in many papers until

Sydney Morning Herald (NSW : 1842 - 1954), Monday 26 September 1881, page 5

OVERLAND PASSENGER TRAFFIC.

ALBURY; FRIDAY.

The following leave for Melbourne on Monday :

……… J. K. Smyth

Sydney Morning Herald (NSW : 1842 - 1954), Thursday 6 July 1882, page 7

BANQUET TO SIR HENRY PARKES.

(From the Argus.)

A preliminary meeting of gentlemen desirous of tendering a welcome to Sir Henry Parkes on his arrival in Melbourne was held in the Mayor's room in the Town Hall, on Monday afternoon. The Mayor (Mr. C. J. Ham) presided, and about 20 gentlemen were present. Mr. W. G. Sprigg, who acted as secretary, stated that the gentlemen present ware desirous of offering some recognition to Sir Henry Parkes on his arrival in Melbourne, for his able representation of the colonies in Europe and the United States. It was thought that it would be a graceful thing to invite him to some demonstration. A banquet had been suggested, but it was in the hands of the meeting to decide what form the compliment should take.

Mr. A. Rowan was of opinion that the best thing to be done was to tender a banquet to Sir Henry Parkes. Taking his actions and his utterances in England and America into consideration, he must be regarded as an Australian more than as a New South Welshman. His speeches showed that his sympathies were not confined to New South Wales, but that they embraced Now Zealand as well as the whole of Australia. In the speech which he recently delivered at a banquet, he clubbed the colonies all together, and showed that in 30 years their population had increased from 300,000 to 3,000,000, and their trade from £6,000,000 to £90,000,000. Melbourne being the first place of importance which he would call at, he thought some token of gratitude should be tendered to him for his services. He (Mr. Rowan) would move,-" That a public banquet be tendered to Sir Henry Parkes on his passing through Melbourne."

Mr. J. J. Morrow seconded the motion, which was carried unanimously.

On the motion of Mr. H. Fraser, seconded by Mr. G. Griffiths, a committee was formed of the gentlemen present, together with those who had asked that their names should be included, with power to add to their number. The following names were then enrolled:-Messrs. J. Blyth, A. Rowan, J. J. Morrow, C. Smith, A. Fraser, G. Griffiths, William M'Culloch, Calder, William Dean, J. ZeveDboom, Wvnno, F. B. Clapp, T. P. Derham. A. W. Robertson, W. Cain, J. Collier, E. F. M'Georgo, Samuel Baird, O. F. Brind, D. Willder, George Coppin, F. Ormond, Phipps Turnbull, D. A. Ormond, Richard Goldsbrough, J. A. Horsfall, Thomas Loader, A. R. Blackwood, E. T renennrd (of Richard Gibson and Co.), F. S. Grimwade, William M'Leau, W. K. Thomson, S. Renwick, J. K. Smyth, Hastings Cuningham, and G. H. Mann

Banking in Australasia, from a London Official's Point of View. 1883. Reprint. London: Forgotten Books, 2013. 141-2.

THE COMMERCIAL UNION ASSURANCE COMPANY.

AUSTRALIAN BRANCHES, 80, COLLINS STREET WEST, MELBOURNE.

(Fire and Marine.) Local Board.

David G. E. Alsop, Esq. (Harbottle, Biddulph and Alsop.), John Benn. Esq. (Grice, Sumner and Co.) T. J. FlNLAY, Esq. (Powers, llutherford and Co.) J. S. HORSFALL, Esq. K. Goldsbrough and Co.) William Peterson, TCsq. (W. Peterson and Co.) Wm. Howard Smith, Esq. (W. Howard Smith and Sons.) John Kane Smyth, Esq. (Australian Mortgage and Agency Co.) Resident Manager and Underwriter " Wm. Hy. Jarrett.

The Argus 14 May 1883 In the Matter of HASTINGS CUNINGHAM and COMPANY (Limited).-The business of the above named company having been absorbed into "The Australasian Mortgage and Agency Company (Limited)," and with a view to the voluntary winding up of Hastings Cuningham and Company (Limited), under the provisions of the Companies Statute 1864, notice is hereby given that the creditors of Hastings Cuningham and Company (Limited), if any, are required, on or before the thirty-first day of May next, to SEND their names and addresses and the PARTICULARS of their DEBTS or CLAIMS, and addresses of their solicitors, if any, to Hastings Cuningham and John Kane Smyth, at the Australasian Wool Stores. Collins-street west, Melbourne, the liquidators of Hastings Cuningham and Company (Limited), and

if so required, by notice in writing from the said liquidators, are by their solicitors to come in and prove their said debts or claims at such time and place as shall be specified in such notice, or In default thereof they shall be excluded from the benefit of any distribution made before such debts are proved. Dated this twentieth day of April, one thousand eight hundred and eighty three MALLESON, ENGLAND, and STEWART, Solicitors to the abovenamed liquidators. The Argus 9 Jun 1883 TRANSFER of LAND STATUTE.-No 16,145. DUNCAN MACPHERSON, of New hall, Toorak, in the county of Bourke, Esquire, by his attorneys, John Kane Smyth and Harry J G Cattanach, has applied to bring the land described at the foot hereof under the above statute; and the Commissioner of Titles has directed notice of the application to be advertised in " The Argus " newspaper, and has appointed fourteen days from such advertisement, after which time the land will be brought under the operation of the Statute, unless a caveat shall be lodged forbidding the same, Dated 31st day of May, 1883 ......................

Tasmanian (Launceston, Tas. : 1881 - 1895), Saturday 18 August 1883, page 19

MINING MEETINGS. .. : .

Asia T. M. Co.— A meeting of promoters was held at the Union Hotel, Moorina, on Saturday, 11th inst., at 8 p.m., when all the shareholders were present, Mr. Alexander Young, of Launceston, occupying the chair. , Proposed by, Mr. Sergent, and seconded by Mr. Coclough Lette; that a, Company be formed under the No Liability Act, to be called the Asia Tin Mining Company No Liability, with a capital of £600 in 2400 share at 5s each. Proposed by Mr. J. . J. , O'Shanassy, and seconded by Mr. J. Walker, that Mr. J.K. Smyth be appointed secretary pro tem. . , Proposed by Mr. R. Davey,. and seconded by Mr J. Walker, that Messrs Palliser, Young, Davey, Sergent, and Letto, act as directors to the Company. It was resolved that the rules and regulations _ of the Moorina Tin Mining Company, with the necessary alterations, be adopted, and that the scale voting be one vote per share. Six of the shareholders who had visited the mine the previous day spoke very highly of the Company's property and the prospects that they had obtained, and' believed the venture would prove a giant success. The area of ground the Company holds is 100 acres, and as much as three pounds of tin ore was obtained to the dish. The meeting which was very enthusiastic throughout, closed with a vote of thanks to the Chairman. .-,,,...

The Argus 3 Mar 1884 At Scott's Hotel, on Friday evening, the office staff of the Australasian Mortgage and Agency Company gave a complimentary dinner to Mr. Alexander McCracken, who has for several years filled the post of cashier in that establishment and is now leaving it to join the firm of Messrs R McCracken and Co. Tue chair and vice chair were filled respectively by Mr Jonathan Shaw, wool salesman and valuator, connected with the business since its inception, and Mr John Kane Smyth, one of the managing directors. Numerous and cordial expressions of the high estimation in which Mr McCracken has been held, and of regret at the loss of his companionship, were interspersed with some excellent songs. A very pleasant evening was spent

Argus (Melbourne, Vic. : 1848 - 1957), Saturday 5 April 1884, page 8


HOBSON'S BAY.

CLEARED OUT - April 4

Pateena ss 550 tons H Clinch for Launceston

Passengers- saloon ………… J K Smyth,

Argus (Melbourne, Vic. : 1848 - 1957), Monday 12 May 1884, page 4

ARRIVED. - May 10.

Flinders, T.S.N. Co.'s s.s.s., 948 tons, A. Drysdale from Launceston 9th inst. Passengers - saloon : Mr. and Mrs. Roberts and two children, Mrs. Peyton-Jones, Mrs. Swanstom, Mrs. Cundy, Misses Savigny, McCreery, Stevenson, Brewer, Stewart, and Cundy ; Masters Jones (2) and Webster ; Rev. J. Barber, Messrs. Scott, Webster, Stewart, Coombs, Gahan, Horner, Howard, Smyth, Collins, Ackley, Haynes, Hanstein, Meyer, Morrish, Lakeman, Tankard, Beaver, Richards, Atkinson, Gardner, Prescott, Davey, Cates, Ingleton, Michie, Maddon , and 46 in the steerage.

Weekly Times (Melbourne, Vic. : 1869 - 1954), Saturday 5 July 1884, page 8

ANSWERS TO CORRESPONDENTS.

J. Porritt, Loyola. — The present Consul-General for the United States is Mr. O. M. Spencer, Imperial Chambers, 77 Collins street west, and the Vice-Consul-General Mr. J. K. Smyth, 126 Collins street west.

Maitland Mercury and Hunter River General Advertiser (NSW : 1843 - 1893), Tuesday 29 July 1884, page 5

District Telegrams.

GUNNEDAH;

Monday evening

A well-attended and thoroughly representative public meeting was held at the School of Arts, on Saturday evening, to consider the proposed railway extension via Narrabri to Walgett. The Police Magistrate, Mr; Lawton, was in the chair. It was unanimously resolved to support the movement initiated by the Walgett league. The meeting was ably addressed by Messrs. E. W. Turner, D. F. Evans, R. P. Brock, J. Kirkpatrick, W. L. Douglas, A. Bacon, and J. Wilkins. The arguments adduced show that the proposed line to Newcastle would mean a saving of seventy-five miles to the sea-board, as compared with the route via Coonamble and Dubbo. Mr. J. K. Smyth has been appointed delegate to represent Gunnedah, and accompany the deputation on

Wednesday. The petition is now being prepared embodying the views of the meeting for presentation through the Hon. J. P, Abbott to the Assembly.

The Argus 2 Aug 1884

LADY LOCH'S RECEPTION. Lady Loch held her second reception at Government-house yesterday, and the attendance of visitors was again very large. The arrangements, which were found to be so admirable on Wednesday, again conduced much to the comfort of the visitors and the gathering was a very enjoyable one. The reception began at 3 o'clock and closed at 5. The presentations were made in the drawing room, and after Lady Loch had shaken hands with the ladies introduced to her they passed into the ballroom and partook of refreshments. Sir Henry Loch, his daughters, Miss Edith and Miss Evelyn, and Master Douglas Loch were also present at the reception. The members of the viceregal staff, Captain Traill, private secretary; Lord Castlerosse, and Captain Seymour Hughes, aides de camp, accompanied His Excellency. The rooms which were used on the occasion were again elegantly decorated by Mr Guilfoyle, curator of the Botanical gardens, who supplied a profusion of cut plants and ornamental foliage. Herr Plock's efficient string band again played most pleasingly, and fully sustained the favourable impression they made at the first reception on Wednesday. We give below a complete list of the presentations at the two receptions held by Lady Loch during the week. The names of the ladies and gentlemen who attended the reception on Wednesday, or left cards, are as follows:— Miss Mary Grant Smyth, [this must be JKS’ niece visiting from America. JKS’ daughter MGS was not born until 1887] Mr J. K. and the Misses Smyth Miss Mary Grant Smyth, Mr. and Mrs. C. A. Smyth, John K. Smyth, Mr and Mrs Hastings Cuningham Robert Sellar Sir James and Lady McCulloch Mr and Mrs D McDougall and Miss McDougall

Sydney Morning Herald (NSW : 1842 - 1954), Saturday 13 September 1884, page 14


ALBURY, Friday.

The following have passed through to-dav :- .

For Melbourne (by express): ………..J. K. Smyth,

Argus (Melbourne, Vic. : 1848 - 1957), Monday 29 September 1884, page 9

MINING MEETINGS.

CHIEF OF HOWQUA - A numerously attended meeting of the shareholders of the above company was held at Scotts Hotel, Melbourne, on the 26th inst, Mr J K Smyth in the chair. It was explained that the company had obtained a mining lease of 56a. 2r 20p , situated immediately south of and adjoining the Howqua United Gold mining Company's claim, upon which about £10 000 had been expended In erecting plant, machinery, &c. The Howqua United, it was expected, would begin crushing in the course of two or three weeks. It was resolved to register the Chief of Howqua claim as a no liability company, with a capital of 25,000 shares of 10s each, of which 20,000 shares had been already subscribed, 5,000 being retained by the company for future issue. The following directors were appointed - Messrs J K Smyth Alexander Dick, Robert Huston, of Melbourne, and T K Knuckey and James Morris, of Shepparton. Mr Alfred Meadway, of 60 Queen street, Melbourne, was appointed legal manager.

Horsham Times (Vic. : 1882 - 1954), Tuesday 7 October 1884, page 1

THE COMMERCIAL UNION Assurance Company of London CAPITAL £2,500,000. Australian Branch Office, 80 Collins-street West Melbourne. Directors: JOHN BENN, Esq., Chairman. T. I. FINLEY, Esq. T. S. HORSFOLL, Esq. WM. PETERSON, Esq. WM. HOWARD SMITH, Esq. JOHN KANE SMYTH, Esq.

Sydney Morning Herald (NSW : 1842 - 1954), Monday 13 October 1884, page 7


ALBURY, Sunday.

The following have passed through:

For Sydney (by express on Friday night) : "Messrs. J. K. Smyth, ………

Daily Telegraph (Sydney, NSW : 1883 - 1923), Wednesday 15 October 1884, page 1

Overland Passenger Traffic.

Albury, Tuesday. —Passengers for Melbourne by express : Messrs J. K, Smyth,

Daily Telegraph (Sydney, NSW : 1883 - 1923), Monday 27 October 1884, page 1

PERSONAL.


ALBURY, Sunday. — Passengers for Sydney by express, on Friday night: ………. J. K- Smyth,

Sydney Morning Herald (NSW : 1842 - 1954), Wednesday 29 October 1884, page 10

OVERLAND PASSENGER TRAFFIC

ALBURY, Tuesday.

The following passed through to-day:

For Melbourne (by express) : …….. J, K. Smyth,

Evening News (Sydney, NSW : 1869 - 1931), Saturday 15 November 1884, page 4

Shipping.

CLEARANCES, November 15. … Rodondo, steamer, 715 tons Captain W. Hammer, for Queensland ports. Passengers — Mr and Mrs W. Blanchard and S children, Mrs Thompson, L-r Fitzgerald, Messrs G. Stupard, J. K. Smyth, J. M'Ara, Hicks, A. Wilkinson, Hicks, and 17 in the steerage.

The Argus 1 Jan 1885

Marriages.

SMYTH—SANDS.—On the 31st ult., at Marmion, Waverley, Sydney, by the Rev. Robert Steel, John Kane Smyth, formerly of Albany, New York, to Ada Mary, only daughter of the late John Sands, Sydney. Australian Marriage Index 1788-1950 (Ancestry.com)

Name: John K Smyth

Spouse Name: Ada M Sands

Marriage Date: 1885

Marriage Place: New South Wales

Registration Place: Waverley, New South Wales

Registration Year: 1885

Registration Number: 3093

Daily Telegraph (Sydney, NSW : 1883 - 1923), Friday 2 January 1885, page 1


Albury, Thursdav. —

Passengers for Melbourne by express : ……… Mr and Mrs J. K. Smyth,

Argus (Melbourne, Vic. : 1848 - 1957), Tuesday 27 January 1885, page 10

NOTICE is hereby given, that after the expiration of fourteen day from the publication hereof application will be made to the Supreme Court of the colony of Victoria, in its Probate Jurisdiction that PROBATE of the LAST WILL and TESTAMENT of DUGALD MCDOUGALL, late of Hawthorn, In the colony of

Victoria, stationer deceased, may be granted to Mary Allott McDougall, of Hawthorn aforesaid the widow of the said deceased, John Kane Smyth, of the city of Melbourne in the said colony, wool broker and Robert Elias Mallon, of Weinberg road, Hawthorn aforesaid, stock and sharebroker, the executrix and two of the Australian executors named in and appointed by the said will, Duncan Love, of the said city of Melbourne, warehouseman, the other Australian executor named in and appointed by the said will, renouncing probate and execution thereof

Dated this 27th day of January, 1885

19 Mar 1885 PROV Named as executor in Will of Dugald McDougall

29/675

VPRS 7591/P2 unit 101, item 29/675

Dugald MCDOUGALL. Date of grant: 19 Mar 1885; Date of death: 18 Jan 1885; Occupation: Stationer; Residence: Hawthorn.,

Wills

Master of the Supreme Court

Age (Melbourne, Vic. : 1854 - 1954), Tuesday 7 April 1885, page 3

MINING MEETINGS

Wilcot Freehold Quartz.—' The first half yearly meeting of shareholders was held at the offices of the company on Tuesday, the 31st ult. There was a good attendance; Mr. J. K. Smyth in the chair. The directors and mining manager's reports were received and adopted, and the proceedings of directors confirmed. The reports expressed great satisfaction with the prospects of the mine. The reef, a saddle formation, with cap 15 feet wide, had been proved on eastern and western legs, each of which averaged from 2 to 3 feet in thickness and making strong underfoot, the stone showing good gold The shaft is down 125 feet. At 60 feet a drive south has been put in and a winze sunk 30 feet on the reef and connection made with the workings of the Federal' the adjoining claim. In the bottom level drives are being continued south towards the Federal boundary on the east and west legs, and winzes are being sunk on each leg. Drives are also being made north on the reef, which runs through the company's claim for a quarter of a mile. At present 70 feet of backs have been developed. Calculations made by the directors and mining manager showed that, considering the great body of stone and the easy nature of the country' a yield of 10 dwt. of gold per ton would suffice to pay all expenses, and enable the directors to declare monthly dividends. The directors were having 25 tons of stone from each leg crushed at the Aroopa? battery as a test, and should same be satisfactory a battery of 20 heads, with engine power to drive up to 40 heads, would at once be erected. The directors report expressed satisfaction with the work done by the mining manager, Mr. John Treverton, which they considered would compare favorably, considering amount expended, with any mine in the colony. Messrs. James Currie, Robert Beeston and Thomas Williams were re-elected directors , and Messrs. Aitken (J. M. Smith and Emmerton) and D.

M'lntyre. accountant, were appointed auditors. A vote of thanks to the chairman concluded the meeting

Sydney Morning Herald (NSW : 1842 - 1954), Monday 4 May 1885, page 8


ALBURY, SUNDAY.

The following have passed through :

For Sydney (by express on Friday night) : ……… Mr. and Mrs. J. K. Smyth, Mrs. Sands,

The Argus 31 Jul 1885 DUGALD McDOUGALL. Deceased.-Statutory Notice to Creditors and Others.-Pursuant to the 60th section of the Statute of Trusts 1864, notice is hereby given, that all creditors and other persons having any CLAIMS or demands upon or against the estate of Dugald McDougall, late of Hawthorn, In the colony of Victoria, stationer, deceased (who died on the 18th day of January, 1885, and probate of whose will was granted by the Supreme Court of the said colony, In Its Probate jurisdiction, on the 10th day of March last, to Mary Allott McDougall [Chisholm], of Hawthorn aforesaid, widow ; John Kane Smyth, of the city of Melbourne, in the said colony, wool broker; and Robert Elias Wallen, of Weinberg road, Hawthorn aforesaid, stock and sharebroker; the executrix and executors named in and appointed by the said will; Duncan Love, another executor named in and appointed by the said will, having renounced probate and execution thereof, are hereby requested to SEND the PARTICULARS of such claims to the said Mary Allott McDougall, John Kane Smyth, and Robert Elias Wallen, at the office of Messieurs Malleson, England, and Stewart, 24 Queen street, Melbourne, on or before the 8th day of August next; and notice is hereby also given, that at the expiration of the last mentioned day the said Mary Allott McDougall, John Kane Smyth, and Robert Elias Wallen will be at liberty to distribute the assets of the said Dugald McDougall, or any part thereof, amongst the parties entitled thereto, having regard only to the claims and demands of which they shall then have had notice ; and that the said Mary Allott McDougall, John Kane Smyth, and Robert Elias Wallen will not be liable for the assets, or any part thereof, so paid, applied, or distributed to any person of whose claim they shall not have had notice at the time of such distribution. Dated this 7th day of July, 1835. MALLESON ENGLAND, and STEWART, 21 Queens street, Melbourne, proctors for the said executrix and executors._

Weekly Times (Melbourne, Vic. : 1869 - 1954), Saturday 15 August 1885, page 4

The Wool Warehouses.

in Victoria wool is no longer king, but divides its old supremacy with the agricultural and manufacturing interests, it is, nevertheless, the foundation of one of the most flourishing branches of trade in the City of Melbourne. The massive stores which

adorn the western end of the town indicate the importance of the industry which they represent. It is interesting to remark that these buildings, erected for the sale and storage of wool and grain, started from the humblest of beginnings, yet now they are the largest of any in the world utilised for a similar purpose. Inside them the business carried on is astounding. The operations are not confined merely to the colony, or even to the continent they are in, but extend to the most remote portions of the world, and it may be truly said that their fame is world wide.

THE AUSTRALASIAN MORTGAGE AND AGENCY COMPANY LIMITED. This company owes its origin to the firm of Cuningham and Macredie, which commenced business in 1862, and continued for six years, when Mr. Hastings Cuningham was joined by Mr. J. K. Smyth, and a large and increasing business in wool broking and storing was carried on for ten years. About that time the formation of joint stock companies became very popular in the colony, and the firm of Hastings Cuningham and Co. as it was then known, was one of the first to join the movement. By the employment of English capital, which they obtained at a lower rate of interest than it could be procured in the colony, these companies were enabled to afford great facilities to woolgrowers desirous of extending their operations. Messrs. Cuningham and Smyth, in taking advantage of the movement, formed in August, 1878, their business into a limited company, with a subscribed capital of £750,000, in 150,000 shares of £5 each. In two or three days after the announcement of the project, the whole number of shares reserved for allotment in the colony (100,000) were subscribed for. It was desirable, however, to secure loans of British capital on the debentures of the company, and accordingly Mr. Cuningham paid a visit to England, where he established a head office. The warehouses are situated in Collins street west, and it is claimed that, if they are not as massive or capacious as those of some of the older organisations, they are equally convenient, and as well suited for the display of wool, grain, hides, and the other products in which the company traffics. In the season the show rooms, which are especially well lighted, are much frequented by the buyers, and the sates are very popular. The extensive floors are also in great demand for the sale of sheep. Some of the finest bred animals have been sold under the company's roof, and the highest prices are always obtained there. Sales of wool are held weekly in the season, and of other station produce four times a week throughout the year. The Australasian Mortgage and Agency Company have in contemplation the extension of their establishment over nearly an acre of land adjoining. This course has been necessitated by the increasing growth of the business, and the demands made upon the managers for space. The management in Melbourne, controlled by the board of directors, is in the hands of Mr. Cuningham, whose long experience has given him a valued insight into the requirements of station owners.

Age (Melbourne, Vic. : 1854 - 1954), Wednesday 26 August 1885, page 5

AUSTRALIAN SHEEP BREEDERS’ ASSOCIATION. :

The annual meeting of the members of the Australian Sheep breeders' Association was held last night at Scott's Hotel ; the president, Mr. Robert Hood, occupying the chair, and there being a fair attendance. Mr. John Finlay, the treasurer of the association, made his usual financial statement, which was of a satisfactory character, and showed that the members' roll was gradually increasing, and was now larger than ever before. A lengthy discussion took place on a motion proposed by Mr. J. L. Currie

in favor of ail inspector being appointed by the association to see that the judging of show sheep was fairly conducted, and ultimately an amendment, proposed by Mr. T. F. Cumming, M.L.C., was carried, as follows : — That entries of sheep at future shows must be accompanied with a certificate from two competent persons that the sheep to be exhibited have been well and fairly shorn. Mr. Bailey, of Torinallnm, proposed another amendment to the effect that both the motion and amendment be disagreed with, but a majority of those present were against this. The election of office bearers for the ensuing year resulted in Mr. William Robertson, M.L.A., being chosen as president, his place in the list of vice-presidents being tilled by the election of Mr. S. M'Cuughey, of Coouong, New South Wales. The alterations on the committee were unimportant, and Messrs. J. K. Smyth and J:ts. Aitken as auditors, John Finlay as treasurer and L. Henderson as secretary were unanimously re-elected.

Sydney Morning Herald (NSW : 1842 - 1954), Tuesday 13 October 1885, page 12


ALBURY, Monday.

The following passed through to-day :- For Melbourne : …….J. K. Smyth,

The Argus 16 Nov 1885 SMYTH.—On the 15th inst., at Redan-street, St. Kilda, the wife of John K. Smyth, of a son. [John Sands Smyth] Australia Birth Index 1788-1922 (Ancestry.com)

Name: John Sands Smyth

Father's name: John Kane Smyth

Mother's name: Ada Mary Sands

Birth Place: St Kilda, Victoria

Registration Year: 1885 [15 Nov 1885]

Registration Place: Victoria


Post Office Edinburgh and Leith Directory 1886-1887 THE Australasian Mortgage and Agency Company Limited. HEAD OFFICE-IO CASTLE STREET, EDINBURGH. CAPITAL, £1,500,000. Subscribed Capital, £1,250,000. Whereof called up, £250,000. Reserve Fund, £50,000. DIRECTORS IN GREAT BRITAIN. Sir JAMES H. GIBSON-CRAIG of Riccarton, Baronet, Chairman. Hon. F. J. MONCREIFF, Chartered Accountant, Edinburgh. JOHN P. WRIGHT, Esq., Writer to the Signet, Edinburgh. E. ERSKINE SCOTT, Esq., Chartered Accountant, Edinburgh. JOHN INGLIS, Esq., of Leishman, Inglis, & Co., 31 Abchurch Lane, London. H. MACDUFF-DUNCAN, Esq., Linkfield House, Greenhill Gardens, Edinburgh.

DIRECTORS IN AUSTRALIA. Sir JAMES M'CULLOCH, K.C.M.G. WILLIAM SMITH, Esq. GEORGE FAIRBAIRN, Esq. J. L. CURRIE, Esq. ARCHIBALD FISKEN, Esq. ROBERT SELLAR, Esq. Managing Directors in Australia. HASTINGS CUNINGHAM, Esq. ; JOHN KANE SMYTH, Esq. Bankers. THE ROYAL BANK OF SCOTLAND, EDINBURGH, LONDON, and BRANCHES. THE BANK OF AUSTRALASIA, AUSTRALIA. Solicitors. Messrs. MENZIES, COVENTRY, & BLACK, W.S., in Edinburgh. Messrs. MALLESON, ENGLAND, & STEWART, in Melbourne. Auditors. Messrs. C. & D. PEARSON, C.A., Edinburgh. THE COMPANY issues Debentures free of expense for amounts of £100 or upwards, in such sums as may suit lenders. Coupons for the interest are attached to the Bonds, and these are payable half-yearly, on loth May and 11th November, at the Royal Bank of Scotland, in Edinburgh or London, and can be cashed anywhere free of charge. In addition to the general Assets of the Company, Debenture-holders have the security of the Subscribed and Uncalled Capital, which is the limit of the borrowing power. This Capital has been subscribed by upward? of 500 Shareholders. There being an influential body of Shareholders resident in the Colony, secures careful management there. The Investments of the Company consist of Mortgages on Land, and on other Securities on which a valid Mortgage can be obtained by the laws of the Australian Colonies. The Loans by the Company are chiefly for short periods, and the Capital is thus readily available for repayment of Debentures falling due. R. & E. SCOTT, Secretaries. Edinburgh, 10 Castle Street," April 1886.

Australian Town and Country Journal (Sydney, NSW : 1870 - 1907), Saturday 16 January 1886, page 22

Woolgrowers' Association.

A general meeting of the members of the Woolgrowers' Association of Australasia was held in Melbourne on Wednesday week, the 6th instant. Mr. C. M. Officer, M.L.A., presided. Rules were submitted and agreed to. By these the objects of the association have been somewhat enlarged, and are set forth as follow :-"This association has been established with a view to the development of fresh channels for trade in our staple produce. First: The development of a trade in wool between China, Japan, British India, and such countries as may be hereinafter mentioned, and the cultivation of more intimate relations with consumers in other countries. Secondly : To farther as far as possible without the expenditure of capital any other industry appertaining to pastoral pursuits, such as that of moat (both refrigerated and tinned). Thirdly : The careful consideration of all matters relating to the introduction of wool into foreign markets." The annual subscription for membership is £1 ls. The council have power to elect corresponding and honorary members, and the chairman of any society formed for the purpose of promoting the interests of the pastoral industry in

any of the colonies may become an honorary member. The chairman said the committee was endeavoring to obtain information of a reliable nature appertaining to pastoral pursuits, more especially with regard to the best method of developing the wool trade in China. It had been suggested that they should erect machinery and start wool manufactories in China, but the committee considered that it would be exceedingly injudicious to rush into a largo expense with an indefinite object.

It was decided that the host plan would be to communicate with old-established firms in England who have had business connections with China for years, and who would be able to give information as to the best steps to be taken. Accordingly the secretary had put himself in communication with some of the leading firms in the old country, and, no doubt, very valuable information would be thereby obtained. The committee had issued about 7000 circulars inviting gentlemen to become members of the association; 1900 being distributed in Victoria, 1200 in New South Wales, 2100 in Queensland, 500 in South Australia, 400 in New Zealand, and 500 in Tasmania. About 250 new members had, so far, been obtained by that moans. The election of officers resulted as follows : President, Sir W. J. Clarke ; vice-presidents, Mr. J. L. Currie and Mr. C. M. Officer, M.L.A. ; council; Messrs. E. W. Armytage, P. R. Godfrey, A. Loughnan, J. M. Bruce, J. Grice, A. Rowan, M. Synnot, R. W. Synnot, J. K. Smythe, and G, Fairbain, sen,

Horsham Times (Vic. : 1882 - 1954), Friday 5 February 1886, page 3

VERMIN BOARD ELECTIONS. The election of a local committee for the Western Vermin Board was held at Nhill Tuesday, Mr. E. J. Nnzmn acting as returning officer. The retiring members were-Messrs. J. Anderson, Affleek, Champ-ness, Pannan, and Taylor. Six nominations were received-Messrs. James M'Ilwrath, James Keyte, John Taylor, John Henry Champnees, John Aflleck, Thomas Peter Pannan. John Anderson--and the polling was as under-Champness 61,Keyte 54,Taylor 52, Aflleck 49, Pannan 360. M'llwrath 35, Anderson 5, the first mentioned five being successful. For the Middle Vermin District, Messrs. R. Donohue, John Miller, Thos. Connellan, W.A. Cooper, and James A. Bennett, being the only candidates nominated, were declared duly elected at Donald, where the election took place. Messrs. S. Carter, W. M'Donald, A. Scott, D. Elder and J. K. Smyth have been elected for the North. Western board.

Geelong Advertiser (Vic. : 1859 - 1929), Friday 5 February 1886, page 3

At a meeting of lessees of mallee country which was held at the Lands department on Tuesday, the election of the vermin boards for the Northern, North-Eastern, and North-Western districts for the ensuing year took place. The meeting appointed Messrs A. H. Pegler, A. Crozier, W. M. Patterson, ft. A. Rae, and Septimus Miller as members of the Northern board ; Messrs A. Macready, K. H. Lascelles, Wm. Hood, W. Cumminq, M.L.C., and A. Anderson for the North-Eastern ; and Messrs S. Cai t;r, W. M'Donald, A. Scott, D. Elder, and J. K. Smyth to constitute the North-Western board

Sydney Morning Herald (NSW : 1842 - 1954), Monday 3 May 1886, page 8


ALBURY. SUNDAY.


For Melbourne (by ordinary train on Saturday) : E. T. Barnard, C. T. Wilson, Mr. and Mrs. J. K. Smyth, infant and nurse,

The Argus 5 May 1886 AUSTRALASIAN MORTGAGE and AGENCY COMPANY LIMITED, With which is Incorporated HASTINGS CUNINGHAM and COMPANY LIMITED. Capital, £1,600,000. Subscribed Capital, £1,000,000; ' Called up, £200,000. Reserve Fund, £60,000, which is Invested in Consols. DIRECTORS In GREAT BRITAIN : Sir James Gibson Craig, I E. Erskine Scott, Esq, Bart., Chairman John Inglis, Esq. H. Macduff-Duncan, Esq. John Patrick Wright, Hon. F. J, Moncrieff Esq. Secretaries-R. and E. Scott, O.A. DIRECTORS In AUSTRALIA : Sir James M'Culloch, K.C.M.G, Chairman; Archibald Fisken, Esq. George Fairbairn, Esq, J. L. Currie, Esq. William Smith, Esq. Robert Seller, Esq. . Hastings Cuningham, Esq. Managing Directors John Kane Smyth, Esq. Liberal Advances made against the ensuing wool clip and upon approved station securities Riverine Grazier 4 Jun 1886 GOVERNMENT GAZETTE. June 1. Permitted to purchase under the 2nd clause of the Lands Act Amendment Act of 1876 : — The Australasian Mortgage and Agency Company (Limited), 80a, parish of Oxley North, county of Cunningham, Mombill Run, Condobolin, £101. Hastings Cunningham and John Kane Smyth, 400a, parish of. Cookenmabourne. county of Mossgiel, Tibora (late Yallock North, Block B), Hillston, £501. Australian Mortgage, Land and Finance Company (Limited), 100a, parish of Rutland, county of Dowling,' North Malonga Run, Hillston, £126. Australasian Mortgage and Agency Company (Limited), 640a, parish of Livingston, county of Sturt, Belliogerambil. 'Block C, Hay, £801.

Leader (Melbourne, Vic. : 1862 - 1918), Saturday 28 August 1886, page 13

VICTORIAN SHEEP BREEDERS ASSOCIATION.

The annual meeting at the Victorian Sheep Breeders' Association was held on Tuesday at Scott's Hotel; Mr. \V. Robertson, M.L.C., in the chair, and a fair attendance present.

Election of Officers. Mr. J. Finlay was elected hon. treasurer for the ensuing year. Messrs. Ct. Russell, J. L. Currlo, jun., R. Simsou, F. Y. Armytage, and A. Wynne were elected new members of committee in the places of Messrs. J. Aitken, T. Armstrong, W. Rutledge, It. Ifug-gett and W. Winter. The remaining members of the old committee were re-elected. Messrs. J. K, Smyth and W. R. M'Comas were elected auditors.

Bacchus Marsh Express (Vic. : 1866 - 1918), Saturday 18 September 1886, page 4

BACCHUS MARSH AGRICULTURAL AND PASTORAL. SOCIETY. The following is the Prize list for the Show to be held on Thursday, 7th October next. Entries close on Thursday, 30th September :

CHAMPION PRIZE. Best Long-woolled Ram of any age exhibited at the show-£2 2s., presented by J. K Smythe, Esq., of Australian Mortgage and Agency Co., Melbourne.

Sydney Morning Herald (NSW : 1842 - 1954), Monday 20 September 1886, page 7

OVERLAND PASSENGER TRAFFIC. ALBURY, SUNDAY.


For Sydney (by express on Friday) : ……………. J. K. Smyth,

Sydney Morning Herald (NSW : 1842 - 1954), Wednesday 6 October 1886, page 10


ALBURY, TUESDAY.

The following passed through -

For Melbourne by express on Tuesday; Mr and Mrs. J K Smyth, child and nurse

3 Mar 1887 PROV Appointed executor of will of James R Fairchild

33/469

VPRS 7591/P2 unit 119, item 33/469

James R. FAIRCHILD. Date of grant: 03 Mar 1887; Date of death: 25 Jan 1887; Occupation: Merchant; Residence: Melbourne.,

Wills


1887


Jesse Fairchild Stephen George Slaughton John Kane Smyth Emma Australia Fairchild v Daniel Grant



Unit number: 705


Jesse Fairchild Stephen George Staughton John Kane Smyth Emma Australia Fairchild v The New York Life Insurance Company



Unit number: 714

The Argus 12 Mar 1887 SMYTH.-On the 8th inst., at Redan-street, St. Kilda, the wife of John K. Smyth - a daughter. [Mary Grant Smyth]

Daily Telegraph (Sydney, NSW : 1883 - 1923), Saturday 11 June 1887, page 5


ALBURY, Friday Night. — For Sydney, by express, Friday : ……… J. K. Smyth,

Sydney Morning Herald (NSW : 1842 - 1954), Wednesday 15 June 1887, page 10


ALBURY, Tuesday.

The following have passed through ..

For Melbourne (by express on Tuesday) : ……. J. K. Smyth.

Evening Journal (Adelaide, SA : 1869 - 1912), Tuesday 5 July 1887, page 3

VICTORIA. Melbourne, July 4.

To-day being the anniversary of the declaration of independence of the United States of America, the event was celebrated by the display of the national flag of the country over several buildings in the city. The Vice-Consul for the United States, Mr. J. K. Smyth, in the absence of the Consul-General, Colonel Morgan, now on a visit to Adelaide, held a reception at the Consulate Offices in Collins-street, which was attended by about 200 citizens, among whom were the Premier and the Chief Secretary.

The Advocate (Melb) 9 Jul 1887 MONDAY, being the anniversary of the United States Declaration of Independence, was loyally celebrated by the American residents in the city. As usual, a reception was held at the American Consulate, 77 Collins-street. In the absence of the Consul-General (Colonel Morgan) in Adelaide, Mr. John K. Smyth, the Vice-Consul, received the guests. About 190 gentlemen attended, including members of the Ministry, Parliament, and the City Council; also representative merchants and the Consular Corps.

Australasian (Melbourne, Vic. : 1864 - 1946), Saturday 27 August 1887, page 11

THE ANNUAL MEETING.

The annual meeting of the members of the Australian Sheepbreeders' Association was held at Scott's Hotel on Tuesday. The president (Mr. James Aitken) occupied the chair. There was a good attendance of the members. Mr. Thomas; F. Gumming moved that the president, Mr. Thomas Cowling, Mr. W. Armstrong, and himself be appointed a committee to draw up a letter of condolence to the widow of their old friend, the late Mr. John Finlay. The motion was seconded by He. A. Tobin, and carried unanimously. On the motion of Mr. Tbos. F. Gumming, seconded by Mr. Charles Dowling, a cordial vote of thanks was given to the judges for their services during the past show. Sir James MacBain was unanimously elected president of the association for the ensuing year. The following office bearers were elected:—Vice-presidents, Mr. C. Ayrey, Sir W. J. Clarke, Mr. Thoa. F. Camming, Mr. Thos. Dowling, Messrs. Robert Hood, Thomas Millear, S. M'Canghey, and P. M'Farland ; committee, Messrs. J. H. Angas, A. Austin, W. Bailey, T. Bath, W. Murray, G. Camming, W. B. Camming, J. L. Carrie, J. L. Carrie, jun., C. W. Dowling, A. L. Gilbert, Hon. W. Halliday, T. P. Hines, Jos. Mack, F. L. Parker, J. Raleigh, James Russell, G. Russell, Robert Sanson, A. Tobin, If. H. Wettenhall, A. Wynne, J. & Horsfall, W. Hay, and A. Armstrong; treasurer, Mr. J. Aitken ; auditors, Messrs. W. R. M'Comas and J. K. Smythe.

Table Talk (Melbourne, Vic. : 1885 - 1939), Friday 30 September 1887, page 10

The Mayor’s Ball.

A very enjoyable ball was given by Mr. and Mrs, Cain at the Melbourne Town Hall on Wednesday last, September 28. Zelman's band supplied good music, and the refreshments were provided by Mr. Skinner, and gave great satisfaction to those who did not expect " a sit-down supper."

The following is a list of the guests who were present, with a description of the most noticeable dresses . ……….Mr and Mrs J.K. Smyth

South Bourke and Mornington Journal 23 Nov 1887 The Bank of Victoria brought an action in the Banco Court on Wednesday,-before the Chief Justice without a jury, to recover some twenty acres of land at Mulgrave that are in the occupation of one Duncan Forbes. The Crown grant was issued on the 2nd of December, 1883, and the land was successively transferred from Matthew O'Sullivan to Thomas Crump, John Renwick and John Matthews. The last named sequestrated his estate on the 5thFebruary 1873, and it was placed in the hands of Henry steel, one of the assignees. David Mellor Parker, since died, and John Kane Smyth were appointed trustees in his stead, and in 1876 conveyed the land to the bank in satisfaction of a debt due to it. The defendant contended that the land not being held in the name of trustees, and not for reimbursement only, but profit, the bank was acting in contravention of the Act by which it was incorporated. His donor reserved his decision.

Sydney Morning Herald (NSW : 1842 - 1954), Wednesday 21 December 1887, page 10


ALBURY, TUESDAY.


For Melbourne (by express) : ………, J. K. Smyth,

1888

Series title: Land Selection And Correspondence Files Description: 7123/198

LESLIE WILLIAM MILNE ANNIE ISABELLB GOODWIN JOHN SANDERS FRANK PAYNE EDWARDS THOMAS RIDLEY CHARLES BERRY JOHN HANISCH CHARLES EDWARD BARTON EDWIN GOTTLICK ZIMMERMAN EDWARD WILLIAM SMALL ROBERT SANDS ALFRED WALTER JOHNSON JOHN KANE SMYTH HINDMARSH 25 799--2--10

Date range: 1888 - 1959 Public access: Open Format: Physical Location: North Melbourne Series number: VPRS 5357


Unit number: 2818

Sydney Morning Herald (NSW : 1842 - 1954), Wednesday 28 March 1888, page 10



ALBURY, Tuesday.

For Sydney (by express on Tuesday) : ……… J. K. Smythe,

Argus (Melbourne, Vic. : 1848 - 1957), Saturday 7 April 1888, page 9

THE GOVERNMENT GAZETTE.

The following appointments are gazetted : -Mr. J H Bush, to be deputy consul General for the United States at Melbourne during the absence of Mr. J K Smyth, vice consul general,

Argus (Melbourne, Vic. : 1848 - 1957), Monday 16 April 1888, page 8

OVERLAND PASSENGERS TO AND FROM SYDNEY.

The following is a list of passengers to and from Sydney passing through Albury, as forwarded by our correspondent -

ALBURY, Sunday.

For Melbourne (Express) Saturday - ….. Mr and Mrs J K Smythe two children and nurse

The Argus 27 Apr 1888 A cable message, bearing the date of the 24th march, was received last night, stating that Mr. John K. Smyth, vice consul General for the United Mates, and Mr. Samuel P. Lord, have been appointed honorary commissioners for that country at the Melbourne Centennial exhibition. Colonel Morgan, the Consul-General, was appointed as a commissioner some time ago, and early notification is expected of the appointment of an executive commissioner. Horsham Times 6 May 1888 WIRE NETTING LOAN. A loan of £4,191 5s has been granted to the shire of Dimboola under the Vermin Destruction Act to enable the following ratepayers to purchase wire netting :- John Kane Smythe, 5000a, Dimboola, £80

Age (Melbourne, Vic. : 1854 - 1954), Friday 25 May 1888, page 5

THE GOVERNOR'S LEVEE.

Official recognition was, as usual, given to the fact that yesterday was the Queen's birthday by the holding of a levee at Government House. About 1000 gentlemen attended. Carriages commenced to arrive within the grounds shortly before 10 o'clock, and all the principal drives were soon crowded. The procession to the portico moved slowly. As the morning was cold and overcast, the prelude to the ceremonies was not very cheery but once inside the luxurious gubernatorial residence visitors found that observation of the brilliant scene which was there presented, and the influence of a courteous welcome, caused their drooping spirits to revive. Bearers of special invitation cards, including the Premier, the Chief Justice, members of the Ministry, the Anglican bishops and Supreme Court judges, were received in the yellow drawing room. At about 11.15 his Excellency the Governor proceeded to the large ball room to welcome the bulk of his guests. A dais had been placed at the upper end of the apartment, in front of which a number of ferns, dwarf gums and exotic plants were tastefully grouped. Upon this platform the Governor took up a central position, and around him those gentlemen who had been previously presented disposed themselves. Lady Loch and her daughters were seated in the stone gallery over the entrance to the room, embowered in flowering plants and fancy drapery. The walls were skilfully garnished with flags and armory, and when the visitors were all admitted the effect was vividly impressive. ……………………

The following is a list of the cards of entree presented by the guests at the levee : — ……….. Mr. J. K. Smyth, vice-consul for the United States of America;

Argus (Melbourne, Vic. : 1848 - 1957), Wednesday 6 June 1888, page 9

THE CENTENNIAL INTERNATIONAL EXHIBITION.

MEETING OF THE EXECUTIVE COMMISSION.

REPRESENTATION OF THE UNITED STATES

A letter was received from Colonel Morgan Consul General for the United States notifying the appointment of the following gentlemen as a commission to represent the United States at the Exhibition, viz.: Messrs F. Coppin (chief commissioner) F.B. Wheeler, R.L. Miller, Alex Campbell, J. K. Smyth, S.P. Lord and Colonel Morgan

Riverine Grazier (Hay, NSW : 1873 - 1954), Tuesday 19 June 1888, page 2

GOVERNMENT GAZETTE.

Notice is given that leases, as hereunder specified, were sold in accordance with the provisions of the 85th section of the Crown Lands Act of 1884 : —

H. Cunningham and J. K. Smyth, parish Redbank, county Nicholson, 357, 330, 190, 330, 280, 185 acres; £6, £5 10s, £3 10s, £5 10s, £114, £20. [Hillston area]

Age (Melbourne, Vic. : 1854 - 1954), Tuesday 26 June 1888, page 6

THE MELBOURNE CENTENNIAL EXHIBITION.

THE WOOL COURT. Yesterday Messrs. T. F. Camming, D. Elder and J. K. Smyth, gentlemen who are experts in wool, had an interview at the Exhibition with Mr. R, Burdett Smith. M.L.A., the New South Wales executive commissioner, in reference to the design for the wool court. The result of the interview was that the lines upon which the court should be arranged were agreed upon, and it is expected that the exposition of wool will be made a very interesting part of the Exhibition. The cost of the court will be borne by the three chief colonies exhibiting, those being New South Wales, South Australia and Victoria.

The Argus 14 Jul 1888 NOTICE is hereby given that the PARTNERSHIP heretofore existing between the undersigned HASTINGS CUNINGHAM and JOHN KANE SMYTH, under the style or firm of "Hastings Cuningham and Company," has expired by effluxion of time. Dated the tenth day of July, one thousand eight hundred and eighty eight H. CUNINGHAM. JOHN K. SMYTH Witness - A. B. Malleson, notary public, Melbourne. The Argus 6 Sep 1888 SMYTH. —On the 4th inst., at Minnesota, Redan-street, St. Kilda, the wife of John K. Smyth —a daughter. [Marjorie Kane Smyth]

Australasian (Melbourne, Vic. : 1864 - 1946), Saturday 22 December 1888, page 30

ARRIVAL OF THE AMERICAN BASEBALL PLAYERS.

The two American baseball teams, the Chicago club and All-America Nines, arrived in Melbourne on Thursday by special train from Sydney, and were very cordially received. Reception committees had been appointed by both the resident Americans in Melbourne and the Victorian Cricketers' Association, and these two uniting their efforts, the result was a large gathering at Spencer-street, where four drags were in waiting to take the teams and their friends, composing altogether quite a large company, to the Grand Hotel, where they remain while in Melbourne. Amongst those on the platform were Mr. Charles, Smith, M.L.A., the president of the Victorian Cricketers' Association, and many members of that body; Mr. Patterson and Mr. Gammon, M.L.A.'s ; Mr. F. M'Coppin, president of the United States Commission at the Centennial Exhibition : Mr. J. K. Smyth, vice-consul for the United States; Councillor J. Garton, and many gentlemen associated with the kindred sports of cricket and football. When the train came in, the team were received with cheers, and after the members had been introduced to the reception committees they were driven to the Town hall. The visitors having been shown to the large hall, where the city organist, Mr David Lee, played selections on the organ, they were afterwards taken to the Mayor's room and formally welcomed to Melbourne.

[According to his death certificate, around this time JKS had some sort of stroke and was mentally handicapped, although still physically able. He resigned from all his

business positions etc and moved to Sydney with Ada and the family to live at Marmion, Waverley]

Sydney Morning Herald (NSW : 1842 - 1954), Thursday 21 March 1889, page 6

CLEARANCES. - MARCH 20.

R.M S Alameda, 1939 tons, Captain R G Morse, for San Francisco via Auckland and Honolulu Passengers- For San Francisco ……… Mr and Mrs J K Smyth

Riverine Grazier (Hay, NSW : 1873 - 1954), Friday 19 July 1889, page 2

An Argus cablegram states that Mr Hastings Cunningham has issued a circular to the shareholders in the Australasian Mortgage and Agency Company Limited, stating that it is detrimental to the company that members of the firms of Messrs M'Culloch, Sellar, and Co., and Messrs Leishman, Inglis, and Co., who are agents for the company, should also act as directors; and condemning the Melbourne board of directors for sending their own produce to rival companies, . The Argus further says that it understands that Mr Hastings Cuningham voluntarily resigned his position as one of the managing directors of the Australasian Mortgage and Agency Company in , December last, and that his resignation was unanimously accepted by the board.

Argus (Melbourne, Vic. : 1848 - 1957), Wednesday 21 August 1889, page 8

THE AUSTRALIAN SHEEP BREEDERS' ASSOCIATION.

The annual meeting of the Australian Sheepbreeders' Association was held last night at Scotts Hotel, Mr J S Hotelall, the president being In the chair

ELECTION OF OFFICERS

The election of office bearers for the ensuing year resulted as follows -Patron, His Excellencv the Governor, president Mr John b Horsfall vice presidents Mr Tames Russell, bir W J Clarke Bart, M L C , Mr Hits Dowling, Mr Robert lionel, Mr, Thomas Milleur, fair James MucBain, Mr P M Tarland Mr Wm Oliver , ……………auditors J J Falconer and .J K Smyth;


ANNUAL MEETING.

The annual meeting at the Australian Sheep Breeders' Association was held at Scott's Hotel on 20th inst. ; ………. Messrs. J. J. Falconer and J. K. Smyth were elected auditors;


The bouleversement in the affairs of the Australasian Mortgage and Agency Company is exercising the minds of the shareholders in this country, if not in Australia.' It appears that the action of the Melbourne board has forced Mr. Hastings Cuningham

into an unpleasant position in regard to the company. I find in a circular addressed by him to the English shareholders quite recently the following case stated : —On the formation of the company," says Mr. Cuningham, it was agreed that by the taking over of the business founded by Hastings Cuningham and Co. the agents then employed by my firm should continue agents of the company for a period of at least two years." However, it appears according to the statement that Sir James McCulloch, chairman of the Melbourne board, carried on a similar business to that of the company, and, consequently, that the interests clashed. This did not seem right to Mr. Cuningham, who endeavored to make a change after the two years, but without avail, nor has he ever since succeeded in carrying his point. He maintains, and has maintained, that the influence which the agents had in the arrangement was highly detrimental, and in laying this argument before the Melbourne board he had instanced the fact that although four out of five of the directors are large woolgrowers not a single bale is received from them ; that, on the contrary, they send their produce to rival companies." Mr. Cuningham further states that three years ago the chairman of the' London board, Sir James Gibson Craig, expressed his approval of the course he was taking. He persisted in it, therefore, and was finally asked to submit his views as to the management. This he did in October last year, and the treatment he received was such as to induce him to resign his position as managing director, with the view of coming home and laying the matter before the London board. Mr. Cuningham arrived here in February, and immediately communicated with the board, but was informed that the directors here could not enter into the subject until the arrival of Mr. Smith, chairman of the Melbourne board. Mr. Smith arrived in May, and," says Mr. Cuningham, the board have fully heard him. They have, however, absolutely and finally declined to listen to any explanation from me, and to the many important matters which I proposed to place before them." This is Mr. Hastings Cuningham's statement as contained in the circular issued to the English shareholders. The result of the issue was that within a week the shares dropped 9s., making a total loss of £70,000 on the capital. This is very significant, and should certainly make the shareholders insist upon an immediate inquiry. If Mr. Cuningham's statements are correct, and he says that Sir James Craig was convinced of their truth when he was in correspondence with him, then the whole business of the company is being horribly bungled and mismanaged. It must of course be borne in mind that Mr. Cuningham founded the business, and has raised it to its present position of financial soundness. "When a man who has so inthnato an iutercat in and knowledge of the company's affairs puts forward a case against the management the mere fact is surely sufficient to warrant an investigation. Nor, indeed, is it fair play to hear an exparte statement, as the London board would appear to have done, and to refuse to listen to the other aide. Whatever be the rights of the question, the sudden and great fall in the shares upon the issue of the circular must force on some inquiry by the shareholders.

NSW Unassisted immigrant passengers lists 1822-1926 (Ancestry.com)

Name: John K Smyth

Port of Departure: San Francisco, California, United States

Port of Arrival: Sydney, New South Wales

Voyage Arrival Date: 9 Feb 1890

Vessel Name: Alameda

Travelling with Mrs Smyth

Sydney Mail 15 Feb 1890 ARRIVALS. 9 Feb. R.M.S. Alameda (s.), 8200 tons, Captain H. G. Horse, from' San Francisco January 15, . Honolulu January 23, Tutuila (Samoa) January 29, Auckland February 5. Passengers—From Auckland : His Excellency Lord Carrington, Captain, Trench. AJDC, Messrs. F. Lees, A. P. West. From San Francisco, Mr. and Mrs. John K. Smythe, ..............

Sydney Morning Herald (NSW : 1842 - 1954), Wednesday 12 March 1890, page 8

OVERLAND PASSENGER TRAFFIC. .

ALBURY. TUESDAY.

For Melbourne (by express) to-day : …….. Mr. and Mrs. J. K. Smyth,

Australasian 31 May 1890 BIRTHS. SMITH.- On the 26th inst. at Marmion, Waverley, Sydney, the wife of John K. Smyth- a daughter. [Sybil Rosamund Smyth]

Riverine Grazier (Hay, NSW : 1873 - 1954), Tuesday 19 August 1890, page 3

LAND NOTICES.

ANNUAL LEASES CANCELLED. Hillston District. *No. 7 335 and 7,340. H. Cunningham and J. K. Smyth, county Nicholson, parish Redbank, 1662 acres.

NOTIFICATION OF PROPOSED ROAD. Road from Hillston, via Camp Plain towards Carrathool, viz.;—To the Gunba, and Rankin's Springs road, at the north-west corner of G. Brown's 1,920 acres, C.L. No I 2,338, parish of Wycheproof, county of Nicholson. The occupiers of land affected by the road are Messrs. H. Cunningham and J. K. Smyth, Benjamin Varcoe,' W, S. Hook, Poter Pole, J. Hutchison, 6on., George Sides. Objections to the action proposed to be taken must be lodged with the Minister before the 29th August.

State of Wisconsin Blue Book, 1891

US Government. Melbourne Consular Office. John Kane Smyth Vice Consul-general

Age (Melbourne, Vic. : 1854 - 1954), Thursday 1 January 1891, page 5

DESTRUCTION OF A HOTEL AT MANSFIELD.

MANSFIELD, Wednesday.

A fire, involving the destruction of Payne's Delatite Hotel, occurred at 12.30 this morning. The building was one of the oldest land marks of the township, and the property of Mr. J. K. Smyth, of Melbourne. It was insured in the Commercial Union for £700, and the furniture and stock for a like amount. The origin is a mystery. Mr. Payne and family just managed to escape, and have lost everything. A change of licensees was to have been inaugurated tomorrow

Evening News (Sydney) 14 Apr 1891 DEATHS. SMYTH,— April 14, at Marmion, Waverley, John Kane Smyth, late of Melbourne, in his 54th year. Australian Death Index 1787-1985 (Ancestry.com)

Name: John K Smyth

Death Date: 1891

Death Place: New South Wales

Registration Year: 1891

Registration Place: Waverley, New South Wales


The Argus 15 Apr 1891 SMITH.—On the 14th inst., at Marmion, Waverley, Sydney, John Kane Smyth, formerly managing director of the Australasian Mortgage and Agency Company Limited, and vice-Consul-General of the United States of America. SMYTH.—On the 14th inst., at Marmion, Waverley, Sydney, John Kane Smyth, late of Melbourne, in his 54th year. The Argus 16 Apr 1891 The death is announced of Mr. John Kane Smyth, the managing director of the Australasian Mortgage and Agency Company. His funeral, which took place to-day, was largely attended, amongst those present being Mr. Higginson, the Melbourne manager of the Australasian Mortgage and Agency Company, who came over specially to attend the funeral. The service was conducted by the Rev. Dr. Steel. The Australasian 18 Apr 1891 It is with regret that we notice the death of Mr. John Kane Smyth after a somewhat protracted illness. The melancholy event occurred on the 14th inst. at Sydney. Mr. Smyth has been identified with the wool trade for the past 23 years, formerly as partner in the firm of Messrs. Hastings Cuningham and Co., and, when that firm was incorporated with the Australasian Mortgage and Agency Company Limited, as one of the managing directors of that company. Mr. Smyth was born at Albany, in New York, and came to Australia about 35 years ago. He was at one time connected in business with the firm of Messrs. McCulloch, Sellar, and Co. For many years he was vice consul-general in Melbourne for the United States, and he relinquished that office on account of ill-health. He was one of the honorary commissioners for the United States at the Melbourne Exhibitions of 1880 and1888, on which occasions he rendered

good service. He was highly esteemed in commercial circles. The flags at the various wool warehouses in the city were at half-mast yesterday as a mark of respect for the deceased gentleman. SMH 29 May 1891 In the Will of JOHN KANE SMYTH, late of Melbourne, in the colony of Victoria, Gentleman, deceased. APPLICATION will be made after fourteen days from the publication hereof that probate of the last will of the abovenamed deceased may be granted to ROBERT SANDS, one of the executors named in the said will. JOSEPH THOMPSON, Proctor for the Executor, Vickery's-chambers, Pitt street, Sydney.

Evening News 3 Jul 1891

Probates and Administrations. In the Ecclesiastical Court on Thursday, before his Honor Mr. Justice Manning, probate was granted in the estates of Sarah Cooper, John Kane Smyth, .................. 18 Sep 1891 PROV JKS Will and Probate

46/464

VPRS 28/P0 unit 584, item 46/464

John K SMYTH. Date of grant: 18 Sep 1891; Date of death: 14 Apr 1891; Occupation: Gent; Residence: Melbourne.,

Probate and Administration Files


The Australasian 26 Sep 1891 PROBATES AND LETTERS OF ADMINISTRATION. In the Supreme Court on Thursday, Sept.24, probate was granted of the wills of the following: The registrar has sealed probate of the wills of John Kane Smyth, £14,587, granted in New South Wales ; .............

Table Talk (Melbourne, Vic. : 1885 - 1939), Friday 25 March 1892, page 9

The Australian Deposit and Mortgage Bank, Limited.

The sudden suspension of this financial institution on Tuesday evening, March 22, created considerable sensation on Wednesday. There had been rumours since Monday that the company was suffering from heavy withdrawals, but the shares were barely mentioned on the Stock Exchange, and no one thought the company was being so hard pressed. "Withdrawals, it is said, commenced suddenly last Friday, and the rush

increased until .£110,000 was paid out on Tuesday, the total amount withdrawn during the four days being £80,000, To attribute the withdrawals to a sudden panic is absurd,- for deposits are mostly for fixed periods, or notice of withdrawal must be given. The fact that depositors were giving notice would enable the directors to make special provision to meet the demand, but the bulk of withdrawals appear to have been from current accounts. Such a continued loss of confidence could not be sustained by any bank, and the wisest course was adopted by the directors, The company was established 18 years ago, and the capital has been twice increased, in 1877 and in 1888, the shares being held by about 450 people, a large number of them are clergymen, widows, or civil servants, The subscribed capital is' £575,000 in 45,000 shares of .£25 each paid up to .£215,000, 5,000 shares being paid up to ,£25 and 40,000 to £5, …………………

The following is a list of shareholders registered on February 28, 1892

R. Wallen, M. M'Dougall and J. K. Smyth, Melbourne ... ... ... ... ... 148

Horsham Times (Vic. : 1882 - 1954), Friday 30 June 1893, page 2

GAZETTE. FRIDAY, June 23. …… TRANSFER OF LEASES of PORTIONS of MALLEE ALLOTMENTS. - J. K. Smyth (by his executor R. Sands) to F. L. Martin, 634a, Borung;

John Kane Smyth : 14-July-2012

Photographs supplied by Peter Gray

A stained glass window commemorates John Kane Smyth. 4 Chapel Street, St George’s Uniting Church, St Kilda East, 3183 “In memory of John Kane Smyth” In a short biography of his son John Sands Smyth, John Kane Smyth is described as an “American-born wool broker”

Horsham Times (Vic. : 1882 - 1954), Tuesday 16 May 1893, page 4

GAZETTE. FRIDAY, MAY 12.

TRANSFER OF LEASE OF PORTION OF MALLEE ALLOTMENT. -J. K. Smyth (by his executor) to J. Balker, 1 sq. m. 90a, Borung

Horsham Times (Vic. : 1882 - 1954), Tuesday 19 September 1893, page 4

GAZETTE EXTRACTS. ……… TRANSFER OF LEASES of portion of mallee allotments in Borung.-…. executors of late J. K. Smyth to C. Freeman, 1 sq. m. 143a


GAZETTE. Transfers of Leases of Portions of Mallee Allotments in Borung- ; J. K. Smyth (by his executor, R. Sands) to It. Robinson, 626a; same to J. Handley, 1 sq. m. a ; same to W. Lampard, jun., 340a.

Horsham Times (Vic. : 1882 - 1954), Tuesday 21 April 1896, page 3

GAZETTE. --- Transfer of Lease of Portion of Mallee Allotment-Executor of J. K. Smyth to R. Johns, 1 eq. nm. 75a, Borung.

Sydney Mail and New South Wales Advertiser (NSW : 1871 - 1912), Saturday 12 September 1896, page 544

A MODEL HOME. Manhattan Villa, as it is locally known, is situated in Macauley -street, Albury, and the private residence of Mr. V.H.L.Wood, [see below] who, with his wife and daughter, live in retirement, being surrounded in their lovely home with every comfort that wealth and good taste can provide. Mr. Wood is a native of New York city, U.S.A., and the son of Mr. William Wood, LL.D., one of the founders of the well-known firm of Denniston Brothers and Co., bankers, Melbourne. He was also related to the late Mr. J. K. Smythe, who held the position of managing director of the Australasian Mortgage and Agency Company of Melbourne and Sydney, and Vice-Consul General U.S.A. Being in search of health, Mr. Wood toured the whole of America, and failing to secure that valued boon in his native country he decided to see what Australia could do for him. Nearly 14 years' rambling throughout the colonies was brought to a close by his selection of Albury as his future home, he being much impressed with the salubrity of its climate and the similarity of the local scenery to that of New York State. His cottage, Manhattan Villa, which, by the way, commands a picturesque view of the surrounding hills, is named after the island on which Mr. Wood's birthplace stands. The subject of this notice is a great cover of birds and floriculture, and a visit to his aviary and beds of choice flowers is exceedingly interesting. There may be seen a beautiful collection of Australian and foreign talking birds, comprising the corella, rosella, cockatoo, Ceylon and Amazon parrots, and a number of singing canaries, satin birds, and galahs. The well-kept garden plots surrounding the house likewise give evidence of Mr. Wood's excellent taste in floriculture, as there are over 100 different varieties of roses, five ditto of violets, the latter growing in great profusion, and a large number of chrysanthemums and bulb plants. The three illustrations which we give elsewhere of Mr. Wood's residence show— first, a view of the house from Macauley street ; second, the front garden ; third, rear of house, showing aviary and a number of valuable pot plants. Mr. Wood, who is one of the official judges of the local exhibition, has had considerable experience in public affairs elsewhere, and he is likely to offer himself as a candidate for aldermanic honours at the next municipal elections. His world-gained experience should prove of value in local politics.

[Van Horn Lawrence Wood, b 1860, is the son of William Wood by his second wife Margaret Lawrence. He is not a blood relative of JKS, but JKS was very close to his uncle William Wood. JKS would have known Margaret Lawrence before he came out to Australia.]

Horsham Times (Vic. : 1882 - 1954), Tuesday 2 February 1897, page 3

GAZETTE. ………. Transfer of Lease of Portion of Mallee Allotment : Registered. Executors of the late J. K. Smyth to W. I. Eddy, 632, Borang.

Albury Banner and Wodonga Express (NSW : 1896 - 1938), Friday 17 June 1898, page 39

FORFEITED CONDITIONAL PURCHASES

The undermentioned portions of Crown lands, conditionally purchased under the Crown Lands Acts, as well as any conditional leases made in virtue thereof, and all rights attached to such purchases or leases, are declared forfeited, but such forfeiture shall not take effect ' until the expiration of 30 clear days after 8th June ir— …….A. P. Blake and J. K. Smyth, 440a and 359a, Beaumont and Burra

Albury Banner and Wodonga Express (NSW : 1896 - 1938), Friday 8 July 1898, page 39

JULY 1. Inquiry Section 39 Act 1884 (improvements), also application for suspension of improvement condition. (Section 39 cases not proceeded with ) A. P. Blake and J. K. Smyth, cl 20,046, 640a. ??— Application far suspension of improvement conditions granted A. P. Blake and J. K. Smyth, cl 20,052, 480a. —Same decision y A. P. Blake and J. K. Smyth, cl 20,053, 640a, — Same decision A. P. Blake and J. K, Smyth, cl 20,054, 640a. - -Same decision ? .. A. P.'Blake and J. K. Smyth, cl 22.168, 640a. ' —Same decision .

Albury Banner and Wodonga Express (NSW : 1896 - 1938), Friday 21 October 1898, page 39

October 12

Inquiry Under Section 39 O L. Act 1884.

J K Smyth and A P Blake, cp 90-180 160a. — Improvement condition not fulfilled within the prescribed time, but has since been fulfilled ; . waiver of forfeiture recommended. J K Smyth and A. P. Blake, cp 90 181 330a, cp 90-182 240a, cp 90-217 302a, and cp 90-219 490a — Improvement conditions not fulfilled; waiver of forfeiture recommended provided that it be found on re-inspection that the improvements have now been made as alleged ; £1 1s coat of re-inspection to be paid

Horsham Times (Vic. : 1882 - 1954), Friday 4 November 1898, page 1

GAZETTE EXTRACTS. …… Transfer of Lease of Portion of Mallee Allotment Registered--J. K. Smyth to H. S. Gibbs,. 281a, Borang

Albury Banner and Wodonga Express (NSW : 1896 - 1938), Friday 31 March 1899, page 39

Tumbarumba local land board.

(Before Messrs, Wm. Orr, acting chairman, A. M'Pherson, and B. Levis.) March 20.

Inquiry Section 36 C.L. Act 1884, …….. A. P. Blake and J. K. Smyth, cp 90-180, 160a A. P. Blake' and J. K. Smyth, cp 90-182, 240a A. P. Blake and J. K. Smyth, cp 90-217, 303a. The Board found that all conditions, except payment of balance, had been fulfilled on the above, and directed issue of certificates of conformity. Application for Fresh Certificate, A. P. Blake and J. K. Smyth, cp 90-241, 160a. — Refused, on the ground that the missing certificate had been found. A. P. Blake and J. K. Smyth, cp 92-7, 303a,— Same decision. Application for Suspension Conditions. A. P. Blake and J.K. Smyth, cl 20046; 640a.— Application granted A. P. Blake and J.K. Smyth, cl 20051, 640a.— Case was not properly before Board, as no action can be taken until after 27th August, 1899.

Inquiry Section 39 CL. Act 1884. A. P. Blake and J. K. Smyth, cp 90-178, 440a. — Improvement conditions fulfilled A. P. Blake and J. K. Smyth, cl 20052, 480*.— Improvement conditions fulfilled …………. Inquiry Section 3 of Sub-section N O. L. Act 1891. A P. Blake and J. K. Smyth, cp 90-179, 359a. — Condition of improvement fulfilled ; reversal of forfeiture recommended.

Albury Banner and Wodonga Express (NSW : 1896 - 1938), Friday 7 July 1899, page 39

July 26. Inquiry Section 36, O.L. Ac'tlSSi. A. P. Blake and J. K. Smyth, cp 90-179. 440a A. P. Blake and J. K. Smyth, cp 90-179, 359a A. P. Blake and J. K. Smyth, c p 90-219, 490a

Argus (Melbourne, Vic. : 1848 - 1957), Thursday 6 September 1900, page 5

DEATH OF MR. ROBERT SELLAR.

One of the diminishing band of pioneers of Melbourne commerce, Mr. Robert Sellar, was removed by death yesterday, after a long illness. Mr, Sellar, who for many years has been a partner in the firm of McCulloch, Sellar and Co., has been a well- known figure in Melbourne business circles since 1853. He was born in 1928, and was one of a large family of sons, his father holding the position of factor to the Duke of Sutherland. One of the sons, Mr William Sellar, afterwards became professor of classics at the Edinburgh University; and another, Mr Alexander Craig Sellar, was a member of the House of Commons. The deceased gentleman was educated at the Aberdeen University, and afterwards left for Rio de Janeiro, as a representative of an English firm. Thence he went to New York in the employ of Messrs Dennistoun Wood and Company, one of the largest trading companies in the world. Mr. Sellar was sent out to Melbourne in 1853 to open a branch of the firm in this city, and arrived here with the late Sir James McCulloch in 1853 in the Harbinger. They managed for the firm till 1861, when the present partner-ship of McCulloch, Sellar, and Company was established. Mr Sellar took an active share in business matters outside those of the firm, and was director of the Australasian Mortgage and Agency Company of Australasia. He was also adviser of the Scottish Provident Insurance Company, which has large sums invested in the colony, and was chairman of the directorate of Sands, McDougall, and Co. In the early fifties Mr Sellar went through the exciting period following the opening of the gold-fields of Victoria. During the past four months his health completely broke up, and he was under the care of Mr. Hamilton Russell, F.R.C.S., and of Dr. Stawell. He died yesterday morning at his

residence, Malvern, in the midst of his family, and leaves a large circle of friends to deplore his loss.

Albury Banner and Wodonga Express (NSW : 1896 - 1938), Friday 4 August 1899, page 39

July 26.

Consideration.

Inquiry Section 36, O.L. Act 1884. A. P. Blake and J. K. Smyth, cp 90-179, 440a. —Conditions fulfilled – A.P. Blake and J. K. Smyth, cp 90-179, 359a. ..-.Conditions fulfilled A. P. Blake and J. K. Smyth, cp 90-219, 490a. —Conditions fulfilled


GAZETTE EXTRACTS.

Transfer of Leases of Portions of Mallee Allotments Registered.- J. K. Smythe to W. Chapein, 12q. m, 140a, Borung

Horsham Times (Vic. : 1882 - 1954), Tuesday 22 September 1903, page 1

GAZETTE EXTRACTS. ……… Transfers of Leases of Mallee Allotments Registered.- J. K. Smyth to E. G. T. Zimmermann, 2 sq. m. 540-, Borung

The Australasian 7 Nov 1903 WHEREAS HASTINGS CUNNINGHAM and JOHN KANE SMYTH, sometime of Melbourne, in the colony of Victoria, wool brokers and co-partners, hereinafter called the caveators, did, by a caveat verified by the affidavit of Robert Robertson, then manager of Henry Cave and Company, late of Levuka, in the colony of Fiji, sworn the 4th day of June, 1885, forbid the registration of any dealings with certain land known as "Tauarau," situate in the colony aforesaid, and the Crown grant whereof is registered in the Register of Titles in the colony aforesaid. And whereas in the said caveat the caveators are expressed to claim £122/12/2 in Connection with the said lands known as "Tauarau," and did so forbid registration of any dealings with the same until (amongst other contingencies) after the lapse of twenty-one days from the date of the service of notice by the caveatee on the said Henry Cave and Company, at Levuka aforesaid. And whereas the said Henry Cave and Company no longer carry on business in Levuka aforesaid, nor have any address therein. And whereas Thomas Webb Ware was, in the said year 1885, and still is, the caveatee of the said caveat. Notice is hereby given, that at the expiration of thirty days from the day of the date whereon this notice and the schedule hereto shall be published in "The Australasian" newspaper, published at Melbourne, In the state of Victoria, the said CAVEAT will be REMOVED, unless in the meantime good cause be shown against such removably the said caveators, or either of them, or by a person or persons lawfully representing them in the premises. Dated the twentieth day of October, 1903. By order and direction of the Supreme Court of Fiji.

Albury Banner and Wodonga Express (NSW : 1896 - 1938), Friday 25 September 1908, page 43

Death of Mr. Hastings Cuningham

One of the oldest Victorian pioneers, Mr. Hastings Cuningham, died on Saturday at his residence, 5 Fulton-street, East St. Kilda. Mr. Cuningham, who had reached the age of 83 years, had long been connected with pastoral interests. He was the originator of the Australasian Mortgage and Agency Co. Ltd., having first established, in 1862. the firm of Cuningham and Macredie, which was joined by Mr. J. K. Smyth in 1868, when the title of the firm was altered to Hastings Cuningham and Co. In August, 1878, the business was formed into a limited company, with a capital of £750,000, in 150.000 shares of £5 each. Mr. Cuningham visited England in 1880. and a head office was established there for the company, which was registered as the Australasian Mortgage and Agency Co. Ltd

The Argus 6 Mar 1912 SMYTH-CROUCH. —On the 20th February, 1912 at St. Jude's, Randwick by the Rev. G. V. Portus and Canon Hough, Dr. John S. Smyth, only son of the late John K. Smyth, of Melbourne, and of Mrs. Smythe, Marmion, Waverley, to Nellie Beatrice, second daughter if Mr. and Mrs. H. A. Crouch, of Orange, N.S.W. WHITING—SMYTH. —On the 22nd November, 1911, at Grahame Memorial Church Waverley, by the Rev John Macauley, Dr. Keith M. Whiting of Parramatta, to Mary Grant, eldest daughter of the late John K. Smyth of Melbourne, and of Mrs. Smyth, "Marmion" Waverley, N.S.W. Indianapolis Star 4 Aug 1912 Mrs. John Kane Smyth and the Misses Marjorie and Sybil Smyth are the guests of Mrs. Edwin Glenn. Mrs. Smyth and the Misses Smyth landed in New York in April from Sydney, Australia. The Argus 29 Nov 1917 MARRIAGES. HORE-SMYTH. - On November 17, 1917, at London Major Reginald Mitchell, third son of the late John J. Hore "Cumberoona," Bowna, Newstreet, St. Kilda, Victoria, to Sybil Rosamond, youngest daughter of the late John Kane Smyth, Melbourne and Mrs. Smyth, 374 George street, Sydney. (By cable.) Daily Advertiser (Wagga) 30 Nov 1917 John J. Hore, 'Cumberoona,' Bowna, New South Wales, to Miss Sybil Smyth, the pretty daughter of Mrs. John Kane Smyth, of this city. For the past three years Miss Smyth has been doing strenuous V.A.D. work in Egypt, France, and London, and has helped to brighten the sufferings of many of our boys.

The Mirror 1 Dec 1917 V.A.D. Married. The news by cable has just arrived of the marriage of Major Reginald Mitchell Hore, third son of the late Mr. John Hore, of Cumberoona, Bowna, N.S.W., and of Mrs. Hore, Elenara, St. Kilda, Victoria. The fair lady was Miss Sybil Rosamund Smyth,

youngest daughter of the late Mr. John Kane Smyth, of Melbourne and of Mrs. Smyth, now of Sydney. Miss Smyth renewed acquaintance with Major Hore in Egypt; where she was doing V.A.D. work. Later she took up farming in England, where she had a very strenuous time. The bride's sister is Mrs. Keith Whiting, of Parramatta, whose husband, Dr. Keith Whiting, is on active service, and was at the ceremony. Dr. Jack Smyth is a brother. Punch 6 Dec 1917 WEDDING. MAJOR, R. M. HORE TO MISS SYBIL R. SMYTH. A cable has been received from London announcing the marriage, on 17th November, of Major R. Mitchell Hore, who is on active service, with the 1st Anzac Mounted Troops, and Miss Sybil R. Smyth. Miss Smyth, with her sister, Marjorie, has been doing V.A.D. work for the last three years in Egypt, France, und England. Major Mitchell Hore is a grandson of Mrs. James Mitchell, of Tabletop. SMH 14 Aug 1946 SMYTH - Ada Mary, only daughter of the late John Sands of Sydney, widow of the late John Kane Smyth of Melbourne and Albany, New York. Privately Interred on 13th instant. American and Canadian papers please copy.

smyth, john kane 1836-1891 references...john kane smyth (1836-1891) references adelaide observer (sa...

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