Title: Port Phillip Indentures
Date: 13th June, 1835
Accession Number: MS13130
Transcript Number: pp0038-001-0


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This Indenture made the thirtieth day of June one thousand eight hundred and thirty five Between John
Batman of Benlomond in Van Diemen's Land Esquire of the first part and Charles - -
Swanston Joseph Tice Gellibrand and James Simpson all of Hobart town Esquires
of the second part Whereas the said John Batman is seized or otherwise well entitled by two certain Deeds of Feoffment
bearing date on or about the sixth day of June instant and made by Jagajaga Jagajaga Jagajaga the principal Chief and also
Cooloolock Bungarie Yanyan Mowhip and Mommamalar Chiefs of the Native tribe called Dutigallar situate at
Port Philip on the South West Coast of New Holland of two several tracts of Land situate at Port Philip and hereafter
more particularly mentioned are called Geelong and containing about one hundred thousand acres of Land and the other
called Dutigallar and containing about five hundred thousand acres of Land And Whereas the said John Batman
is so seized for and on behalf of himself and the said Charles Swanston Joseph Tice Gellibrand James Simpson and also
of Thomas Bannister John Robertson and William Robertson John Thomas Collicott of Hobart town Esquires and also of
Henry Arthur James Hilder Wedge John Sinclair Anthony Cotterell William George Sams and Michael Connolly of
Launceston Esquires and also of George Mercer of the City of Edinburgh Esquire in certain shares and proportions And
whereas by a certain Indenture bearing date the twenty ninth day of June instant and made between the said John Batman
of the one part and the several other persons before mentioned certain stipulations and agreements were made and entered into for
the occupation of the said several tracts of land and for the agistment of Sheep and Cattle thereon and for the establishment
of a Settlement at Port Philip and also for procuring a confirmation or Grant from the Crown of the said tracts of land and
for the future division of the said Land into separate shares and proportions and for the Conveyance of the said tracts
of Land in such shares to the several persons hereafter to be intitled thereto And whereas in order to provide against
any contingency or impediment that may arise by the illness or death of the said John Batman before such Conveyances can
be properly made It hath been proposed and agreed by the said John Batman to convey and assure the said two tracts of
land to the said Charles Swanston Joseph Tice Gellibrand and James Simpson and their heirs and assigns Upon the trusts
and for the ends intents and purposes hereinafter mentioned Now this Indenture witnesseth that for the purposes
aforesaid and in consideration of five shillings of lawful money of Great Britain by the said Charles Swanston Joseph Tice
Gellibrand and James Simpson to the said John Batman in hand well and truly paid at or before the execution of these presents
the receipt whereof is hereby acknowledged He the said John Batman Doth grant bargain sell release and assure unto the
said Charles Swanston Joseph Tice Gellibrand and James Simpson and their heirs All that tract and indented Head of Land
situate lying and being at the Bay of Port Philip in New Holland called or known by the native name of Geelong extending
from Geelong Harbour about due South ten miles to the Heads of Port Philip taking in the whole neck of Land and containing
about one hundred thousand acres of Land be the same more or less And also all that other tract of Land situate and being at
Port Philip running from the branch of the River at the top of the Port about seven miles from the mouth of the River forty miles
North East and from thence West forty miles across Iramoo Downs or plains and from thence South west across Mount Vilamnarnartar
to Geelong Harbour at the head of the same and containing five hundred thousand acres more or less Together with all timber
growing thereon ways rights members and appurtenances to the said several tracts of land belonging or appertaining / all which
said tracts of Land are now in the possession of the said Charles Swanston Joseph Tice Gellibrand and James Simpson by virtue of a bargain and sale for a year made to him thereof by Indenture bearing date the day next before the day of the date of these presents and by force of the statute made for transferring uses into possession To hold
the said tracts of Land with their and every of their rights members and appurtenances / but subject to the payment of
the annual tribute therein respectively reserved and made payable to the Chiefs of the said Tribe for ever / unto and to the
use and behoof of the said Charles Swanston Joseph Tice Gellibrand and James Simpson their heirs and assigns for ever
Upon the Trusts nevertheless and to and for the ends intents and purposes and subject to the several rights shares equities
and interest expressed and declared of and concerning the said tracts of Land in and by the said in part recited
Indenture of the said twenty ninth day of June and for no other trust intent or purpose whatever And the said
Charles Swanston Joseph Tice Gellibrand and James Simpson do and each of them doth hereby covenant to and with
the said John Batman his heirs and assigns that they the said Charles Swanston Joseph Tice Gellibrand and James
Simpson and the survivors and survivor of them and the heirs of such Survivor shall and will make do and execute
from time to time such Conveyances and assurances as shall fully and effectually carry into full effect the trusts and conditions
mentioned and contained in the said recited Indenture 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

J. T. Gellibrand