MIZEN SAWMILL STUDY
Copyright       David Mizen  2021
Images Added & Published by Gordon Freegard 2021

JOSEPH SHAW 1882 - 1888

Joseph Shaw gained control of the enterprise in February 1882 (Slee & Shaw, 1979, p. 38). There are numerous problems with Slee and Shaw’s account of this phase of the mill’s history. Lands Department (now Landgate) records confirm that there was a Release (entry 1411) lodged dated 13th July 1882 and a Conveyance (entry 1412) lodged at the same time as the Release. The conveyance transferred ownership of the land in Canning Locations 5 and 75 to Shaw. It appears that there was a purchase and the purchase price was 3,800 pounds (Lands Department, Accumulation, p. 353).

There was a follow up application to bring the two Locations under the modern “Certificate of Title” (Torrens) land transaction registration system. The new Certificate of Title (Volume 9 Folio 360) shows that Shaw was entered on to the Title for Location 75 on 27th September 1882. It appears that the business was operational in 1883.

The Inquirer and Commercial News report an incident that took place at Shaw’s concession in 1883 the report reads:

At half past five o’clock Monday afternoon the City Police received a letter from Mr W F Stevens of Cannington informing them that a fatal accident had occurred that morning at a spot three miles from Shaw’s Timber Station. It seems that a man named Henry Collard found the body of a teamster named Joseph Dart lying in the bush and it was evident that the unfortunate man had been killed by the fall of a tree. The police at once sent a vehicle to convey the remains to the city where they arrived yesterday. The inquest will be held today (Unknown, News in Brief, 1883, p. 5).

What roll W. F. Stevens played in the management of the mill is not apparent. However, W. F. Stevens reappears later. Slee and Shaw refer to various dates in their description of the acquisition and disposal of the mill, these dates do not accord with advertisements relating to the sale located in contemporary newspapers.

On the 15th November Shaw advertises calling for tenders to take on the mill. The advertisement refers to the fact that Shaw had now been granted a 42-year lease over 100,000 acres, with the lease to commence 1st January 1883 (Shaw, 1882). The advertisement infers that the tramway at this point was as constructed by Mason and Bird. The addition of the extra area and an increase in the duration of the lease does not seem to have been sufficient to induce a buyer.
 

Section of Lands Department Map Sourced from State Records Office item No 506237 (Department of Lands and Surveys)
 

In May 1884 Shaw instructed James Morrison to sell the mill (Morrison, Those seeking sound investments in Western Australia, 1884, p. 3). This advertisement tends to confirm that the additional tramways that appear in the map referred to by Freegard (2019, p. 26) (and SRO items 506237 (above) and item No 506547 (below)) were constructed by Shaw between the first advertisement in November 1882 and the second round of advertisements starting May 1884. There is a further survey of these tram lines in a report compiled by Forrest and Angove in 1883, however this report was not published until 1885 (see Waldeck Smith below). The mill did not sell.
 

Section of Lands Department Map Sourced from State Records Office item No 506547  (Department of Lands and Surveys)
 

Shaw advertised in July 1884 that he had let his mill and called in all accounts for payment (Unknown, Canning Timber Station, 1884, p. 1). The Certificate of Title reveals that there was a substantial mortgage, Shaw to George Leake, the mortgage was transferred a number of times, Leake to the Bank of New South Wales, Shaw to parties from the United Kingdom (the names on the title are not clear, possibly this was a second mortgage), Bank of New South Wales back to Leake. A writ of Fi Fa (order to the Sheriff to sell the property) is entered on the title on 30th August 1884. The presence of Leake is interesting, the title does not record whether Leake is acting in his personal capacity or as Crown Solicitor. It seems likely Keane was an associate of Leake (Slee & Shaw, 1979, p. 59). Leake’s presence may also go some way to explain the next phase.

Given the ongoing difficulty selling the business and possibly as a result of Leake being the mortgage holder, the government threw in some further sweeteners in an attempt to flush out a buyer. On the 20th September 1884 the Certificates of Title for Locations 160,161,162 and 164 (Registrar of Titles, 1884) (Registrar of titles, 1884) (Registrar of Titles, 1884) (Registrar of titles, 1884) (Registrar of Titles, 1884) (and presumably 163, 165 and 166) were issued to Shaw. It seems that he owned the property for 2 days. On 22n September 1884 a writ of Fi Fa was entered onto all of the titles (a direction to the Sheriff to sell the property to pay the owners creditor or creditors). The writ appears to have sat dormant for several years. The reason for the writ probably relates to non-payment of the mortgage, but any of the creditors may have been in a position to lodge the writ. Locations 161, 162, 163 and 164 (and presumably Locations 165 and 166) were mortgaged by Shaw on 8th February 1884 (Registrar of Titles, 1884). Slee states that Shaw spent money on “improvements to the plant” (Slee & Shaw, 1979, p. 38). It is not clear what Slee is referring to. Below is section of Lands Department map South West. Note the tramways running from west to east, it is likely these were constructed by Shaw. Freegard reproduces a map section very similar to the section below however the words “Perth Water Supply” are not present and the name “J Shaw” is included in the shaded area (2019, p. 26). The inclusion of Shaw’s name implies that the extended tram ways were constructed by Shaw.

Where the tramway crosses Location 161 is very close to what is now the intersection of the Brookton Highway and Canning Road. Lands department Plan OP Canning 155 suggests that the “old Beverley Road” (now Brookton Highway) at that location follows the alignment of the ‘tramway’.

The area shaded pink should also be noted together with the script “Bank N.S.W.” this implies that the mortgage held by the bank was more extensive than suggested by the information on the titles to Locations 160 to 166. The shaded area implies that the bank held a mortgage over the whole of the shaded area, the only interpretation that can be applied is that Shaw mortgaged his license to cut the timber in this area together with his interest in the land (Locations 161 to 166 to the Bank of N.S.W. and separately his interest in the land at Location 75 to Leake). It also suggests a date of between 1885 (Shaw’s Bankruptcy) and the promoting of the Victoria Reservoir in about 1889.

In 1885 Shaw as charged with embezzlement and prosecuted (Unknown, Supreme Court, 1885, p. 3). Foreclosure orders were entered on Locations 161, 162, 163 and 164 (and presumably 165 and 166) on 2nd October 1889. Following foreclosure, the Bank of New South Wales was entered onto the titles as the registered proprietor (owner) on the 2nd October 1889 (Registrar of Titles, 1884) (Registrar of titles, 1884), (Registrar of Titles, 1884) (Registrar of Titles, 1884).

The Certificate of Titles for Locations 160-164 reveals that the mortgagee bank (Bank of New South Wales) remained in possession of the land until the transfer to the Canning Jarrah Timber Company was registered on 28th July 1891 (Registrar of Titles, 1884). In addition to all of the above it is apparent that Shaw leased his property and the mill associated with his timber lease to a Mr Stevens (Unknown, General News, 1884). While Shaw was dealing with his problems the tenants where having their own issues.

References:     Article:      David Mizen

Copyright : Gordon Freegard      2008 - 2021