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Abraham Atkins
(1789-1860)
Elizabeth Langley
(1798-1833)
William Annetts
Mary Moss
Edward Atkins
(1827-1906)
Mary Annetts
(1829-1890)
Edward Atkins
(1852-1942)

 

Family Links

Spouses/Children:
1. Maria Allsop

Edward Atkins

  • Born: 10 Jan 1852, Pennant Hills, NSW, Australia 16
  • Marriage (1): Maria Allsop
  • Died: 3 May 1942, Rozelle, NSW, Australia at age 90 16
  • Buried: 7 May 1942, Field of Mars Cemetery, Anglican J39/40, NSW, Australia 16
picture

bullet  General Notes:

THE prospectus of the New South Wales Nursery and Orchard Company appears in our advertising columns. The company is established primarily for the purchase of the Eulalia Nursery business, at present very profitably carried on by Mr. E. Atkins, jun., at Ermington, on the Parramatta river, which it is proposed to enlarge considerably. On the provisional directorate appear the names of several gentlemen well known in the district, and those desirous of getting into such an investment can do so with the utmost confidence in thpse whose names appear on tho board. Neatly got up plans of the property can be obtained at Mr. J. Thorpe's office, Parramatta.
1888 'Current News.', The Cumberland Argus and Fruitgrowers Advocate (Parramatta, NSW : 1888 - 1950), 13 October, p. 2. , viewed 26 Jul 2017, http://nla.gov.au/nla.news-article86272976

PROSPECTUS
NEW SOUTH WALES NURSERY AND ORCHARD COMPANY,
(Limited.)
To be Registered under the Companies Act.
CAPITAL, £50,000 in 50.000 shares of £1 each. Of which 16,000 will form the first issue.
To be payable as follows : - 2s 6d on application, 2s 6d on allotment, balance by calls of 1s per
month for the first three months, and afterwards by calls of 1s at intervals of not less then three
months.
Provisional Directors :
THOMAS O'NEILL, 'Fairmount,' Field of Mars.
T. T. GRAY, Denman Chambers, Phillip-street.
JOHN THORPE, Macquarie-street, Parramatta.
EDGAR LUCAS, 42 Castlereagh-strect.
EDWARD ATKINS, junior, Euralia Nursery, Ermington.
Solicitor : T. T. GRAY, Esq.
Bankers : BANK OF NEW ZEALAND, Sydney.
BANK OF NEW SOUTH WALES, Ryde.
Registered Offices :
TO BE IN SYDNEY.
The promoters have pleasure in laying before the public one of the best and safest investments which have been placed before them for many months past, as also one which there is no doubt will be a distinct benefit to the colony.
THE Company is established primarily for the purchase of the Eulalia Nursery business, at present very profitably carried on by Mr. Edward Atkins, junior, at Ermington, near Ryde, together with the freehold and leasehold land, plant, etc., by means of which the business is carried on; also to enlarge and extend the business by adding to the Nursery premises a splendid orchard property, 40 acres in extent, adjoining the present Nursery at the rear, and a fine block of land at the side of the present Nursery, and having a frontage to the Kissing Point Road, and containing 10 acres 2 roods 19¼ perches. These blocks have been secured for the purposes of the company. Tho whole freehold of about 57 acres will then be a picked piece of ground admirably adapted for the purposes of the Company, and can be successfully irrigated and converted into one of the most magnificent nurseries in Australia.
The block of over 10 acres is now being placed under cultivation, and an immense dam is in course of completion which will not only make the nursery independent as regards water, but convert very dry seasons into a considerable source of profit.
The 40 acre orchard is well-known as formerly the property of Mr. S. Hague Smith, and is planted with a valuable assortment of healthy fruit trees ; and 115 the speciality of the enlarged nursery will be the production of young fruit trees, this orchard will supply all the wood required for grafting and budding, besides yielding a large revenue from the sale of fruit.
Although power will be taken in the Memorandum of Association to carry on the business of nurserymen, fruitgrowers, gardeners, and farmers generally, and to deal in all kinds of merchandise appertaining thereto, as well as full powers to enable this Company to acquire any other business, nursery, or property generally as may be desirable, the principal business will be
the production and sale of young fruit trees, for which the site oflers great facilities. The large amount of land now being opened up for orchards and vineyards in this and the adjoining colonies, the favour with which the Australian public look upon the fruit farming industry, and the profits derived from this source in the past, have caused an enormous demand for young fruit trees, which it is fair to presume will be constantly increasing.
That the fruit farming aud vineyard industry is only in its infancy in these colonies is evident: and it is apparent that with the knowledge which only comes with experience, Australia is destined to become one of the most productive fruit countries in the world. The great extent of country now being cleared and prepared for fruit culture will be greatly increased year by year by the progress of irrigation, which is now receiving the attention of the authorities.
All the plant and necessaries for carrying on the work of a large nursery and orchard business are on the ground. Thero is a fine business connection, and Mr. Atkins, so well and favourably known as a nurseryman and orchardist, undertakes to manage the business for a period of five years, at a salary graduated to the percentage of dividend paid. Although, so far, the business has been confined to the nursery of only seven acres, the profit have been so good as to justify the anticipation that the dividends will be considerably over ten per cent. per annum.
Eulalia Nursery is well known, its trees and plants are much in request, and it is situated only one mile from the Ryde Railway Station, and about the same distance from the Ermington Wharf.
The premises to be conveyed to the Company are as follows, and the freeholds occupy grand positions in the township of Ermington, and are all under Torrens' Act.
Freehold.
No. 1. - Eulalia Nursery .. .. .. .. 1 acres 3 roods 0 perches,
No. 2.- Lots 8. 9, 17, 18, 19, 20, 32, 33, 34, 35, 36, 37, 38, 39, 40, of
the Eulalia Subdivision .. ., .. 1 ,, 2 ,, 2 ,,
No. 3.- .. .. .. .. .. 10 ,, 2 ,, 19½ „
No. 4.- Orchard .. .. .. .. .. 40 ,, 0 ,, 0 „
Total Freehold ,. .. 56 acres 3 rds. 21½ perches
Leasehold.
No. 5. - 12½ acres, nearly full-bearing Orchard, leased up to November, 1890, at £70 per annum partly used as a nursery.
No.6.- 6 acres, Orchard and Vineyard, leased to the 1st October, 1890, at a rent of £110 per annum, full bearing.
No. 7. - About 1 acre allotment, leased at 1s per annum for Nursery purposes.
On Lots 1 and 2. BUILDINGS.
Six-roomed Weatherboard Cottage, Bath-room, and Wash-house.
A Man's Cottage and a Gardener's Cottage- Store-room, Work-shop, Cart and Buggy Shed,
Stables, Business Office, Packing and Potting Shed, Tool-house. &c, &c. Three Underground
Tanks and Two Iron Tanks. Bush-house, 100 x50 feet, containing over £100 worth of Shrubs
and Plants, two new Propagating Frames, &c,
WORKING STOCK, PLANT, etc.,
Two young Horses, 'Doll and Nell,' two Drays and Harness ; Spring Van, Spring Cart and
Harness, two Force Pumps and Hose, &c., complete ; loose Tools and Implements- Hoes, Mat-
tocks, Axes, Rakes, Plough, Harrows, Roller, Scythes, Pruning Tools, Spades, &c, &c. Besides
a very large Stock of Trees and Plants.
The Capital is required for the following purposes: -
To purchase the above Properties .. .. .. .. £12,693 5 8
Estimated working expenses, first year .. .. .. £1,702 8 0
£14,395 13 8
Of this amount can remain on Mortgage .. ., £5,700 0 0
Mr. Atkins takes 4000 shares paid up to 15s per share as part purchase money .. .. .. 3,000 0 0
8,700 0 0
£5,695 13 8
It is therefore proposed to issue 16,000 shares, of which 4000 paid up to 15s will be taken by Mr. Atkins, in part payment of his interest, and will be deposited with tho directors as a guarantee that the dividend will not be less than 10 per cent, per annum. The remaining 12,000 shares will be called up to 10s per share in the following manner :- 2s 6d on application, 2s 6d on allotment, 1 shilling per Share for the first three months, afterwards 1s per Share at intervals of not less than 3 months. It is intended not to call up more than 10s per Share unless required for the liquidation of mortgages.
Mr. Atkins has every faith that the dividends paid will be much higher than 10 per cent. Per annum, and to secure that a ten percent, per annum dividend will be paid, he will allow the Shares taken up him, viz., 4000 Shares paid up to 15s per share to lie in the Directors' hands as a guarantee against any deficiency in the dividends for a period of four years, and an agreement in accordance with this prospectus can be inspected at the office of the Brokers.
Mr. Atkins accepts £3000 cash and 4000 Shares paid up to 15s per share, as consideration for his interest in the Nursery and Freehold. The amount paid by him to the vendors of the 40 acre orchard and the 10 acres 2 rood 16½ perches, and the money laid out upon the same by him is to be refunded to him, and Mr. Atkins pays all costs of forming and registering the Company in pursuance of an agreement dated 1st October, 1888, which can be inspected at the offices of the Brokers.
THE 'BRITISH AUSTRALIAN LAND AND BANKING COMPANY, LIMITED
Hoffnung's Buildings, 161 Pitt-street, Sydney, and Macquarie-street, Parramatta,
Messrs. WATKIN AND WATKIN, 313 Pitt-street, Sydney and Messrs. CAMPBELL, MITCHELL, AND CO., 417 George-street, Sydney, Where forms of application, plans, and all further information may be obtained.
APPLICATION FORM
To the Directors of
The British Australian Land and Banking Company, Limited,
161 Pitt-street, Sydney.
Gentlemen,- I hereby apply for ...... Shares of £1 each in the NEW SOUTH WALES
NURSERY AND ORCHARD COMPANY, Limited, in respect of which I now enclose my cheque for £........., being application fee at the rate of 2s 6d per share, and I agree to pay a further sum of 2s 6d per share upon allotment, and to pay the balance due on each share allotted to me in terms of annexed prospectus. I further agree to accept such shares or such less number as may be allotted to me, and to sign the Articles of Association when called upon to do so.
I am, Gentlemen,
Yours faithfully,
Signature .......
Address .......
Occupation ........
Date ............
1888 'Advertising', The Cumberland Argus and Fruitgrowers Advocate (Parramatta, NSW : 1888 - 1950), 13 October, p. 5. , viewed 26 Jul 2017, http://nla.gov.au/nla.news-article86272971

A Visit to Ermington.
It was my good fortune to have had an opportunity on Tuesday last of visiting the celebrated Eulalia Nursery, which has recently become the property of a company styled 'The N.S.W. Nursery Co. (Limited).' Having found the genial manager, Mr. E. Atkins, jun., I experienced no difficulty in persuading that gentleman to accompany me on my tour of inspection. On entering the nursery we were immediately confronted by some forty thousand (40,000) peach, nectarine and apricot trees - all quite young and of beautiful formation, some of them being fully seven foot high. Beyond these were some seventy-five thousand orange and lemon stock, now being budded; the healthy appearance of the entire lot being the most noticeable feature. The next surprise in this home of natural and artistic beauty consisted of a most choice collection of the famous 'Jacaraudah' (Mimosa Folia). Some of these measured nearly two feet in height, and I feel confident no connoisseur could pass them by without being charmed by their exceedingly pretty appearance. Seedling palms of every variety, and, further along, a pretty batch of 'Camphor Laurels,' next called forth admiration. Keeping on our course in the direction of the orchard, which is of itself well worth a visit, we were shown a grand specimen of the 'Hoya Parnossa Variegata,' and, further along, the famous 'Japanese Persimmons,' of which there are here nine (9) different varieties. One tree in particular - of the 'Persimmon Gospo' species - struck me as being the most beautiful I had ever seen. This tree is four years old, and at the present moment is laden with ten dozen of the most luscious fruit, averaging 1lb. each. Passion-fruit plants are very abundant, and may be had in boxes at the rate of ten shillings per hundred. To the right and left stretch pines and ornamental shrubs of every description; whilst a special hot-house, 45 feet by 14 feet, has just been erected for the propagation and growth of tropical plants. I observed a choice specimen of the 'Arduina Bispinosa ' (Port Natal Plum), and, close by, some hundred or so 'Cumquot' trees, all quite young and vigorous. What seems to me to be a very remunerative fruit is the late nectarine, of which there are some lovely specimens. A splendid young fence of 'African Box' surrounds the nursery. This box is very tenacious and in a few years forms an impenetrable fence. In answer to my enquiry, Mr. Atkins stated that about thirty (30) men are constantly employed in connection with the nursery. The present company contemplate some grand improvements, and I believe a site has actually been selected for a future jam factory. It seems to me that this is the spirit required for our district, and men like these are wanted, to demonstrate the truly magnificent results to be derived from an intelligent adoption of the most approved methods of plant and fruit culture.

We next strolled through a forty-acre orchard, from which the lovely scions I had been admiring are procured; and here, as everywhere else, we were surprised by the grand appearance of the heavily-laden trees. From the highest point in the orchard a most comprehensive view is obtained; it embraces Sydney and suburbs, Homebush, and even Granville; whilst the immediate surroundings are undulating slopes, thickly planted with vines, orange and lemon trees, and every variety of summer fruit - charming the most fastidious eye, and affording convincing proof of the splendid capabilities of this unrivalled district.

Before my departure Mr. Atkins pointed out to me a most ingenious contrivance for irrigation. This was an ordinary tank on wheels, fitted with a hand-pump, which performs the double function of filling and distributing. Mr. Atkins explained that the contrivance was his own invention (except the actual pump), and I consider it a very valuable one, indeed.

There are many rare specimens which I have necessarily overlooked, but any one desirous of seeing plants and shrubs and fruit trees of every description in a most healthy and attractive state, cannot do better than visit this beautiful nursery.
1889 'A Visit to Ermington.', The Cumberland Argus and Fruitgrowers Advocate (Parramatta, NSW : 1888 - 1950), 6 April, p. 3. , viewed 26 Jul 2017, http://nla.gov.au/nla.news-article86273598

Flourishing Orchards and Nurseries.
EULALIA.
THE N.S.W. NURSERY AND ORCHARD CO., LIMITED,
GROUNDS AT ERMINGTON. WITH PORTRAIT OF MR. E. ATKINS, THE MANAGER.

Australia is not rich in indigenous fruits, but no country of the world will produce introduced fruits more prolificly, or of better quality. In most other countries species are confined to certain localities, but here, so favorable is our climate, and so fertile our soil, that we find all classes of fruit from the apples, cherries, and walnuts of England; the oranges of Brazil, Spain, China, and Japan ; the figs of Ischia and of Spain ; the olives of Italy and France ; the citrons, limes, and shaddocks of India; the pine apples, bananas, mangos, guavas, and cherimoyers of the tropics, and apricots, peaches, nectarines, &c., of all nations, all grow and mature side by side in the same orchard, showing at once a harmonious and variegated picture of foliage and fruits, only possible in Australia. This is peculiarly true of the coast regions of New South Wales, for it would seem to be hard to find a fruit or an economic product in the whole world, which under our favorable conditions cannot be brought to perfection in the open air.

No better instance of this fact can be adduced than that which has been accomplished by Mr. Edward Atkins, jun., whose portrait we give above, at the N.S.W. Nursery and Orchard Grounds, Eulalia, Ermington. Mr. Atkins has been most successful in his business, and his career is open to any young energetic man in Australia. Born at Thornleigh, Pennant Hills, and educated at the Public School of the same district, he early took a deep interest in propagating plants in a small nursery of his own and in fruit-growing. At the age of 16 he entered into partnership with his father, and carried on a small nursery at Ermington. About six years ago he started out on his own account and planted one acre of land to a nursery, which was so successful that he soon after purchased five acres of the famous Brush Farm, and enlarged his nursery to that extent, and carried it on under the name of the Eulalia Nursery. About eighteen months ago this property was floated into a company (the New South Wales Nursery and Orchard Company, Limited). Since then sixty or seventy acres of orchard and nursery have been added to the Eulalia property. The first year the company was formed was a dry season, and fifteen acres of new land had to be cleared and planted out as a nursery. About 20,000 young trees are planted per acre. A profit of about 25 per cent, was obtained the first year, which Mr. Atkins hopes to double in a short time. The orders for trees for this season so far is 40,000, and 60,000 more trees are still for sale, the average price of which is £60 per 1000. Mr. Atkins has been an alderman of the municipality of Ryde for two-and-a-half years, and is a business man all round. The position of the nursery and orchards is exceedingly well chosen. The land has a gentle slope towards the Parramatta River, from which it is distant a few hundred yards. It is surrounded by hills and indigenous timber, so that it is well sheltered. It has a fair depth of surface loam, and a subsoil of clay and shale; some portions of it are underlaid by blue stone. The conformation of the land favors the easy construction of dams for irrigation purposes. Several of these have already been constructed, and the nursery irrigated therefrom, when necessary, by means of an iron tank mounted on a wagon, and a pump.

THE ORCHARD
contains about 40 acres of land, planted principally to orange, lemon, and summer fruits. Mr. Atkins has had possession of the citrous portion of this orchard only about eighteen months, and during that short period he has completely renovated it. When he took possession the trees were in a sadly neglected condition, their leaves were a sickly yellow, and otherwise showed unmistakable signs of decay. His first care was to thoroughly plough the land. Four shallow furrows were first run on each side of each row of trees, while the land in the centre of the rows was ploughed 1ft deep. In performing this operation numerous of the roots of the trees were torn up or other wise disturbed, and some people said the trees were irretrievably ruined; but experience has proved quite the contrary, as the trees are now in a most healthy condition. After this ploughing a large quantity of soil, scrapings from the bush, &c, were hauled on the land, and spread over it, and it received a small quantity of bone dust, and was limed last year. The result has been as if the plants had been touched with a magician's wand, as indeed they have been in the shape of the plough and the fertiliser. The trees are now as healthy as it is desirable for them to be, and this has been brought about by such means as are at the command of every fruit grower. In the citrus orchard are a numerous variety of the orange tribe, all of which do well. The siletta is a peculiarly profitable variety. The Pernambucana, a new variety, large and well developed, thrives exceedingly well. The Canton mandarin is also very noticeable, while the thorny mandarin is also very good. A newly introduced citron, something resembling the navel orange, also promises to be very valuable, as it is a prolific bearer and is excellent for flavoring jams and jellies, and will also answer admirably for candied fruit. In theorchard is a tree of the so-called Washington navel orange, one of the first imported into the colony. I was unable to discover any difference in either its foliage or fruit from that of the Australian navel. The tree does not appear to great advantage, and is certainly not an improvement on the old navel in its present condition, as it appears alongside of some of the choice Australian varieties. Lisbon lemons thrive well and the trees look the very picture of health. The trees in this orchard are now about 6 years of age, and after being neglected for a time, they at present yield an average of about three cases of fruit per tree per annum, at a low computation of 5s per tree.
There are a large number of peach and nectarine trees in the orchard, and they appear in excellent condition, free from diseases, and well cultivated and well pruned. Last year the yield from 5 years old nectarine trees was five cases of fruit each; and the peach trees yield on an average of 10s each tree; and as the trees are 18ft apart, and there are consequently 134 trees per acre, there is a good return for the money invested. Mr. Atkins is of opinion that apricots, peaches, and nectarines are about the most profitable trees to plant.
Japanese persimmons do well, and some of the trees of 3 years of age are loaded with fruit. One tree, this season bore 110 fruits, and as much as £7 10s has been obtained for the fruit of one tree.
There are no leas than twenty-five varieties of this plant on the ground, and all yield splendid large and luscious fruits. The trees suffer from no disease, and will grow most luxuriantly on either the poorest or richest soil. The fruits are excellent for jam or jelly making; but when they become more plentiful, as from the ease with which they are propagated and the prolific yields they bear, they soon will, drying and preserving the fruits like figs will be the most profitable way of preparing this product for market.

THE NURSERY
contains thirty acres planted, and five acres more will be added this year. Clearing is still proceeding, and it is the intention of the company to still further increase this area. There is in the nursery at present about 600,000 young trees of various descriptions. Of these a large number are Japanese plums or persimmons, and about twenty different varieties of oranges; and prunes have been recently imported from Japan, which, when propagated, promise to be a valuable addition to the fruits of the colony. Every attention is paid to the propagation of young citrus trees, and no less than eleven acres have been sown this year in new land. The young plants have just been planted out, and appear exceedingly vigorous. The Limetta trifoliata is used for a stock upon which to graft citrus trees, but the various varieties of the orange are most commonly grafted or budded on the lemon stock. The company does an immense business in trees. No less than 28,800 citrus trees have been disposed of to the Chaffey Brothers alone this year.
In addition to fruit trees, ornamental trees, shrubs, and flowers are largely propagated. For these there are extensive bush and glass houses all replete with the choicest specimens of the art of the horticulturist and florist. About thirty men are constantly kept employed in the various departments of the business, and it must be remembered that this valuable industry has been commenced and established on a remunerative basis in the short period of six years; and that, too, by the energy of one man, who, until recently, had but a small command of capital. Indeed, Mr. Atkins's record in connection with this industry is a most creditable one to him as a man; and he does not hesitate to say that his phenomenal success is in no small measure due to the prominence his business received by advertising in the TOWN AND COUNTRY JOURNAL.
In connection with the orchard, there are several acres of a vineyard, containing all the choice and well-known grapes suitable to the colony.

MANURE.
Mr. Atkins ia a firm believer in taking advantage of the resources nature has placed within his reach for manuring his soil. He is considerably troubled with couch grass and weeds ; but instead of burning them, as most people do their refuse of this kind, and drawing many of the most valuable fertilising elements they contain off in the air, he makes a compost of all the grass and weeds he can scrape up. In fact, as he expresses it himself, he burns nothing that will rot. His plan for making a compost heap is this: After gathering up the grass, it is placed in heaps, and permitted to wilt and decay for two or three weeks. Then it is spread on the soil in a layer about 1ft deep, then spread quicklime 2in or 3in deep on the top of the grass, upon which is placed a stratum of soil 1ft deep. After it has lain about two or three months, according to the weather and temperature, and decayed well, it is turned over by trenching, and all thoroughly mixed up. After one month it is ready for use, and makes one of the best manures for young trees imaginable. This compost has been largely used in the Eulalia Nurseries, and the health, growth, and general appearance of the plants bear ample evidence to its value and power.
The Eulalia Orchards and Nurseries are within easy reach of Sydney by either steamer or train, and a visit to them in the spring would be a most agreeable outing to city folks.

Information provided by cauncej1 on Ancestry.com
Information originally shared by cauncej1 1 Feb 2016

Change.\emdash Several portions of the Eulalia Nursery have recently changed hands. Among others Mr. J. Spurway and Mr. Gregson have made purchases, the former having purchased for £400 some six acres of the estate, containing between 40 and 50 thousand young trees. This is about the best nursery site in Ermington and Mr. Spurway got a bargain. Mr. Allsopp has also purchased a 20-acre block of the Eulalia Nursery orchard for £1020. This is a first-class property.

A Sell\emdash What was called a sale was held at Eulalia Nursery here on Wednesday. A large number of buyers attended, some coming many miles, especially dealers in the suburbs and Sydney. Their chagrin was most
acute when the furniture and plants were put up in one line and purchased by Mr. Allsopp for £100. Mr. A. L. Hinton, of Parramatta, was the auctioneer; but he could not help the way the sale was conducted, as he received his instructions from the owner of the property.
When it is intended to sell in one line, notification to that effect should be put in the advertisements.
1894 'Ermington', The Cumberland Argus and Fruitgrowers Advocate (Parramatta, NSW : 1888 - 1950), 15 September, p. 8. , viewed 26 Jul 2017, http://nla.gov.au/nla.news-article85643549


There is a headstone for an Edward Atkins who died on 18 Jul 1927 in the churchyard at St Paul's, Kincumber.
According to Swancott, this Edward was a nurseryman at "Eulalia" (The Brisbane Water Story, Part 3, 1961).

The Edward Atkins who died in 1942 had parents "Edward and Susan", which should be "Edward and Mary",
but he is buried in the Field of Mars Cemetery (Anglican J39 & 40) with Maria Allsop, daughter of Francis
and Rachael.
At the time of his wife's death (1925), Edward was living in Hampden Road, Drummoyne. When his son
Arthur died in 1963, Arthur was living in Atkins Ave, Five Dock, which is a cul-de-sac off Hampden Ave.
Arthur and his wife Agnes are also buried in J39/40.
(Ryde Historical Society)

Notice of Application for a Certificate of Discharge
In the Supreme Court of New South Wales
IN BANKRUPTCY
Re Edward Atkins, junior, of Ermington, near Sydney.
To the Official Assignee and Creditors.
TAKE NOTICE that I, Edward Atkins (the younger), intend to apply to His Honor the Judge in Bankruptcy, at the Court, Chancery-square, Sydney, on Thursday, the 28th day of March instant, at 11am, or as soon afterwards as the course of business will admit, that a certificate of discharge be granted to me, under and according to the provisions of the Act 51 Victoria no. 19.- Dated this 4th day of March, 1895.
EDWARD ATKINS, Jun.
By his Attorney,- W. H. PIGOTT
28 Castlereagh street, Sydney
New South Wales, Australia, Government Gazettes, 1853-1899, Ancestry.com, Ancestry.com Operations, Inc. Provo, UT, USA. Ancestry.com

Court Cases

All the following were reported in the Cumberland Argus on the dates noted.
22 Apr 1893
An action had been launched by Edward to recover £800 of a promissory note made by David M Foulds in favour of Edward. Foulds had pleaded that the note had been placed in the bank and thus the bank was the holder. Edward entered a motion to set aside that plea on the grounds that he deposited it in the Bank of NSW in Ryde and drew £200 - £300 out. However the bank notified him that the note had been dishonoured and Edward said he paid the bank back and got the note back. His Honour said that the whole case was for the jury in the full court to decide and set aside the motion with costs.

24 Mar 1894
Edward Atkins sued Arthur Scouce for rent and for removing furniture with £3.15.0 owing. However the renter was actually Arthur's mother-in-law, Mrs Mobbs who had removed to the Richmond River district. Dismissed.
21 Apr 1894
Edward Atkins took an action against John Constable for trespass. Edward claimed that he had been losing fruit and plants for a while and wished to make an example of John. John lived near Edward. Witnesses placed John and his father on the premises on the night of the 20th and nobody had given either John or his father permission to be there.
Mr Keys held himself morally responsible for John's presence. He claimed that Constable Snr had been in his employ and he took John with him as he was "following property which had been taken away from land in which (he was) interested". There was also a suit pending in the Supreme Court between Atkins and Keys, but it had nothing to do with the present matter.
John Constable said that Keys asked him to carry a set of Harness over to Atkins for him to put on his horse.
His Honour said that it was clear that Constable was employed by Keys so the case was dismissed but disallowed costs.

6 Oct 1894
Small claims Court. G Fitzgerald £26.19.0 for balance of account. Verdict for the amount with costs.


24 Nov 1894
A Little Game that did not work.
An action in the Small Claims Court by Little and Co to recover £16.18.0 from Edward Atkins Jnr had not been settled so they had tried to seize property (furniture) but the Bailiff had given up possession when Joseph Allsopp claimed that it was his property. Now the case revolved around how Joseph Allsopp came into possession.
There had been an auction in distraint of rent on Edward Atkins' property by John Gregson (an orchardist). Edward owed £130 and could only offer £80 which Gregson would not accept, but he was willing to settle for £100. After the sale he had been paid £100.
Joseph purchased the goods at the auction for £100 and had paid for them in cash and gold, but later had given a crossed cheque and received the notes and gold back. In cross examination he said the cash and gold came from Mrs Atkins (Maria Allsopp) who had raided the children's money boxes for the extra £20. Maria had a separate estate and Joseph had given the use of the goods to her.
His Honour found in the favour of Little and Company and ordered the execution with Joseph Allsopp to pay costs.

29 Aug 1902
Edward Atkins Jnr Vs Alex Milling. Edward sued for 85.17.5 as the cost of repairing his property at Victoria Rd, Rydalmere that Milling had leased from him. The property was 1 acre with house, built 1896, with three glasshouses and stables. Edward left the property on 22 May 1899, but did not take all his stock with him. Milling claimed it was impossible for him to use the property as he would wish because of the number of plants left behind. There were witnesses to swear that the property had been in good repair before Milling and others to swear that the house had been left dirty and there was a piano case full of rubbish left behind. His Honour awarded £40 to Edward.
Information provided by cauncej1 on Ancestry.com
Information originally shared by cauncej1 3 Feb 2016


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Edward married Maria Allsop, daughter of Francis Allsop and Racheal. (Maria Allsop was christened in 1852 in Wesleyan, Parramatta, NSW, Australia,542 died in 1925 in Drummoyne, NSW, Australia 543 and was buried on 16 Aug 1925 in Field of Mars Anglican J39/40, NSW, Australia 543.)




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