Title: Port Phillip Indentures
Date: 29th June, 1835
Accession Number: MS13130
Transcript Number: pp0037-003-0


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John Batman Charles Swanston Thomas Bannister James Simpson Joseph Tice Gellibrand John and William Robertson Henry Arthur
John Helder Wedge John Sinclar John Thomas Collicott Anthony Cottrell William Gardner Sams and Michael Connolly have
transmitted full power and authority to the said George Mercer to negociate with the British Government for a Confirmation
on the part of the Crown of its rights to the said Land or a Grant from the Crown of the Land as may be considered
most advisable and upon such terms as the said George Mercer may be able to obtain And whereas the said George Mercer will have to expend a considerable sum of Money in
procuring from the Crown such confirmation or Grant and the said several parties last mentioned have agreed with the said George Mercer to repay him all such sum or sums of Money
as he may so advance in proportion to the aforesaid undivided Interests in the said Land And whereas it is expedient that possession should be forthwith taken of the said tracts of
Land and that Stock should be with all convenient speed placed thereon and that the same should be placed for the next Twelve Months under the general Superintendence of the said
John Batman and John Hilder Wedge and such person or persons parties hereto of the second part as may think fit to proceed there during that period and it is also expedient that certain
Rules and Regulations should be drawn up and defined for the management of such Stock and the Affairs of the said Association until a complete Survey of the Land and division takes place
as hereinafter is mentioned Now this Indenture witnesseth And It is hereby declared and Agreed by and between the said several persons parties hereto and
each of them Doth hereby bind himself his heirs executors and Administrators to the others and other of them for the full complete and perfect fulfilment and performance of the several Conditions -
Stipulations and Agreements hereinafter mentioned (that is to say)

That each of the said parties shall and will at his own expense well and truly deliver at Port Philip to the said John Batman or to a competent Authority there on his behalf within
Six Months from the date hereof five hundred good and improved breeding Ewes and five hundred more within twelve Months from the date hereof that all Overseers Servants and others
requisite for carrying on the Establishment at Port Philip shall be hired by the said John Batman or the said John Helder Wedge And that each party on whose Account such Servants
may be hired shall pay such Wages as the said John Batman or John Helder Wedge shall agree for and for which they may give an Order to the Servants so employed upon the Party
hereto for whose benefit he may be employed and that the said John Batman and John Hilder Wedge or one of them shall have the superintendence of the several Flocks and herds which
may be so delivered for and on account of the several persons who may have so shipped and delivered the Stock rendering to such person a just and faithful account of the same and of the
Increase thereof.

That accounts shall be kept by the said John Batman and John Helder Wedge of all Supplies furnished to the Servants of each party having Stock and of other expences connected
therewith which shall be duly paid by such person party hereto on whose account such Outlay shall have been incurred.

That the tracts of Land shall be with all convenient speed properly Surveyed and charted and that the Grant of Geelong shall be divided into Seventeen Shares and the other Grant -
Dutigallar into Seventeen Shares.

That all expences to be incurred by the said John Batman during the said term which shall be for the benefit of the General Concern shall be repaid according to the proportions aforesaid.

That during the period aforesaid no Liquor of any description shall be landed on the Settlement for Sale or distribution amongst the Servants excepting only Wine for Family use or -
medicinal purposes.

That the management and arrangements with the Natives of every description and also the distribution of Tribute shall be vested solely in the said John Batman.

That all the Servants shall be of good Character and if possible be married Men and proceed with their Wives and families in order to prevent the possibility of any Injury
being inflicted upon the Natives.

That the actual expense of surveying the Lands and all expences of procuring the Grant or Confirmation by the Crown either by way of purchase or quit Rent shall be borne and paid
rateably and in the proportions aforesaid.

That so soon as the Grant or Confirmation shall be obtained from the Crown or other Act made Known equivalent thereto or intimation given that the Crown will not interfere then
that the said John Batman his heirs or Assigns or such other person party hereto or any person In trust for them or him as may have any legal Interest or Title under the Crown shall
and will make execute and convey all his or their right title or Interest of in and to the said two several tracts of Land and all other Lands which may be comprised in any new Grant
unto and amongst the several other persons parties hereto in the proportions aforesaid to the use of them their heirs and Assigns in fee Simple and Subject only to the Conditions and reservations
which may be in such Grants contained.

That in order to determine the portion or share of each party in the Land It is hereby declared and Agreed that the said John Batman in consideration of his personal services and
exertions shall be entitled to make the first Selection of one Share not only of the Land at Geelong Point but in the other tract of Land called Dutigallar and that the remaining Sixteen Shares -
to each tract shall be determined by Lot.

That no proprietor shall sell or dispose of his Estate and Interest in the Lands or any part thereof for the space of five years to any person or persons except a Co Proprietor on pain of
thereby forfeiting all his right title and Interest to his Share in the said lands and every part thereof and the same shall then become a forfeited Share to be divided amongst the other proprietors.

That for the purpose of protecting the Native Tribes and also of enforcing due Order and Morals a Medical Attendant and a Catechist shall be provided at the expense of the
Establishment and shall form an Item of general expense to be charged in the said John Batmans General Account.

That a Committee consisting of the said Charles Swanston Joseph Tice Gellibrand and James Simpson shall have power to make further arrangements for the purpose of carrying the Objects of
these presents into execution And also to correspond with the Agent in England respecting the Grants and other matters relating thereto. And that a Committee consisting of the Said Michael Connolly John
Sinclair and Henry Arthur shall have power to superintend arrange contract for and direct the Shipment of Stock and the periods and method of completing the same And also to purchase Supplies
for the use of the Establishment when required it being understood and agreed that each party shall pay the expence of shipping and delivering his Stock at Port Philip.

That although the Stock shall be under the general management and control of the said John Batman or the said John Helder Wedge during the period of twelve months
it is Nevertheless distinctly Agreed and understood that nothing herein contained shall extend or be construed to extend as created a Partnership or Community of Interest but each person
shall have a separate Interest in his own Flock and the Increase and returns thereof the said John Batman or John Helder Wedge being paid by each party entrusting him with their Stock
a Commission beyond all expences of actual Outlay of ten pounds per Cent upon the net Gains and profits after deducting losses and Casualties as a compensation for his or their trouble in
the Superintendence and which Commission shall be paid within one month after the expiration of the said term.

That in case of any dispute between all or any of the said parties arising out of these presents or connected therewith the same shall be submitted to the Arbitration of three persons
one to be named by each party and the other by the two Arbitrators and the decision of any two of them shall be binding and final so as to avoid all litigation and cement the parties in
the Bond of Union.

That at the expiration of the said term of twelve Months and before any Conveyance of the Shares shall be made the several persons parties hereto shall and will subscribe
and agree to a Code of Rules and Regulations for the better Government of the said Settlement based upon the principles hereinbefore mentioned and declared together with such others as the
State of the then Settlement shall in the Judgment of the major part of the Proprietors render requisite for the extension of the two principle objects namely Civilization of the Native
Tribes and pastoral pursuits In witness whereof the said parties to these presents have hereunto set their hands and Seals the day and year first above written // . ------------

John Batman
C Swanston
Thomas Bannister
J. T. Gellibrand
John Robertson

Wm. Robertson
Jno. Thos. Collicott
George Mercer by C Swanston
his attorney
James Simpson
Jno. H. Wedge

Anthy Cottrell
William Gardner Sams
Henry Arthur
Michael Connolly
Jno. Sinclair