Indenture made in Sydney on 17th August 1797, between Philip Schaffer of Parramatta and Henry Waterhouse of Sydney for the sale of The Vineyard. Parramatta, "laying on the North side of the Creek leading to Parramatta" containing by estimation 140 acres of land, granted to Philip Schaffer by Crown Grant dated 5th April 1787. [Bearing the original signatures of "John McArthur" and
"William Neale" as witnesses, and of Philip Schaffer and William Waterhouse as vendor and purchaser. [Watermark: "A. Blackwell" on page 1, and a Crown and throne watermark on page 2].
The text of this Indenture is as follows:-
This Indenture made at Sydney in the County of Cumberland in New South Wales this Seventeenth day of August in the year of our Lord One thousand seven hundred and Ninety Seven, Between Philip Schaffer of Parramatta in the County aforesaid of the one part, & Henry Waterhouse Esq. Of Sydney in the County aforesaid of the other part Witnesseth that the said Philip Schaffer in consideration of Five Shillings of lawful Money of Great Britain to him in hand paid by the said Henry Waterhouse Esq. at or before the ensealing & delivery of these Presents, the Receipt whereof is hereby acknowledged & for the good Causes & Considerations him the said Philip Schaffer hereunto specially moving, has bargained & sold & by these presents doth bargain & sell unto the said Henry Waterhouse Esqr. All that the Messuage or Tenement known by the name of The Vineyard laying on the North side of the Creek leading to Parramatta, containing by estimation One Hundred & Forty Acres of land be the same more or less, now in the possession of the said Philip Schaffer, by virtue of a Grant from the Crown bearing date the Twenty Fifth Day of April in the year of Our Lord One thousand Seven Hundred & eighty seven; together with all and singular the Houses, Outhouses, Buildings, Gardens, Lands, Meadows, Commons, Pastures, Feedings, Woods, Underwoods, Hays, Paths, Waters, Watercourses, Privileges, Profits, Easements, Commodities, Advantages, Emoluments, Hereditaments & appurtenances whatsoever to the said One hundred & forty Acres of land belonging or appertaining, or with the same used or enjoyed, or accepted, reputed taken or known, as Part, Parcel or member thereof; or as belonging to the same or any Part thereof, & the Reversion & Reversions, Remainder & Remainders, Yearly & other Rents issues & profits thereof, & of every part & parcel thereof, To have & to hold the said Messuage or Tenement, Lands, Hereditaments & all & Singular other the Premises herein before mentioned or intended to be bargained & sold, & every Part & Parcel thereof, with their every of their Rights, Members, & Appurtenance unto the said Henry Waterhouse Esqr. His Executors,
Administrators & Assigns, from the day next before the day of the Date of these Presents, for and during & until the full end and term of One whole year from thence next ensuing & fully to be compleate & ended Yielding & paying therefore into the said Philip Schaffer His Heirs & Assigns the Yearly Rent of One Pepper Corn at the expiration of the said Term if the same shall be lawfully
demanded, To the Intent & Purpose that by Virtue of these Presents, & of the Statute for transferring uses into Possession, he the said Henry Waterhouse Esqr may be in the actual possession of the Premises, & be thereby enabled to take & accept a grant & Release of the Reversion & Inheritance of the Same Premises to him his Heirs & Assigns, to the uses, Intents & purposes thereof to be declared by another Indenture intended to bear date, the next Day after the Day of the Date hereof. In Witness whereof the Parties to these Presents their Hands and Seals have subscribed & set, the day & year first above written.
Sealed & Delivered (where no stamps are used or can be had) in the Presence of
John McArthur Philip Schaffer [Seal]
Wm. Neale W. Waterhouse [Seal]