Rotton's Estate Act of 1883 No rea (NSW)

l̂ eSu Sautfr iHliiles.

ANNO QUADIiAGESIMO SEXTO

V I C T O R I i E REGINil^:.

An Act to enable tlie Trustees of the Will of r„ton . estat .

the late Henry Itotton to sell and grant Mining* Leases of certain lands devised by the said Will and for the other purposes therein mentioned. [2S)th March, 1883.J

YTTHEREAS Henry llctton late of Blackdown in tlie district of Preamble.

W Bathurst in the Colony of New South Wales hereinafter called

the said testator duly made his last xvill dated the sixteenth day of July one thousand eight hundred and seventy-nine and thereby appointed Henry M‘Cruminin Ivcightley William Eoxton Hayley and Alfred John Pcchey executors and trustees of his said xvill and upon inaking certain specific devises the said testator devised all the residue of his real and personal estate to he divided in equal shares between his xvife and his thirteen children being in all fourteen shares share and share alike (subject as to the share of one daughter to a deduction of one thousand four hundred pounds) And the said testator directed that should any of his children die before attaining majority his or her share should revert to his residuary estate and be divisible equally amongst his surviving children except in the ease of a daughter married hy consent of her guardian or guardians And the said testa­ tor further directed that his said ivife’s share of his said residuary estate and the shares of his infant children should bo invested by his trustees in good sound Government sceurities or valuable freehold

a properties

46* VIC. 1888.

notion’s Estate.

properties and the interest arising therefrom should he paid as fol­ lows His said wife’s share to herself for her own use and henetit so long as hy the provisions in that behalf contained in the said will she should he entitled to receive the same and his infant children shares to their guardian or guardians as the case might he for the clothing maintenance education and teaching any trade business or profession till they should be entitled by attaining their majority to receive their full shares except in the case of a daughter married by consent of her guardian or guardians as the case might be before attaining her majority in which case she should be entitled to receive her share in full immediately upon her marriage unsubjcct as thereinbefore directed to marital control And whereas the testator duly made a codicil to his said will dated the twenty-seventh day of March one thousand eight hundred and eighty whereby he gave cer­ tain directions with reference to the share of the said residuary estate of his said Avill devised and bequeathed to his son Peter Eotton but did not further or otherwise alter his said will And whereas the said testator duly made a second codicil to his said will dated the seven­ teenth day of July one thousand eight hundred and eighty-one whereby he gave a certain pecuniary legacy but did not further or otherwise alter his said will And whereas the said testator duly made a third codicil to his said will dated the twenty-fourth day of Septem­ ber one thousand eiglit liundred and eight-one and hy the said codicil revoked so much of his said will as gave to his son Gilbert Henry llotton any share in the division of his jn-operty and gave to the said Gilbert Henry Pvotton all the said testator’s interest in certain con­ ditional purchases at Carden in the said Colony but did not further alter or revoke his said will And whereas the said testator died on the eleventh day of October one thousand eight hundred and eighty- one leaving surviving liis widow" and thirteen children of whom four are infants under the age of tw enty"-one years and without having revoked or altered his said will save in so far as the same is revoked or altered by his said codicils and without having revoked or altered his said codicils or any of them and the said will and codicils w ere duly proved by the said Henry iM‘Crummin Keightley William Poxton Hayley and Alfred John Pechey on the twenty-ninth day of November one thousand eight hundred aud eighty-one And whereas the said Alfred John Pechey died on the fifth day of Juno one thousand eight hundred and eighty-tw'O And whereas tlie said testator at the time of his death was seized of or entitled to certain lands in the said Colony not specifically devised hy the said will w hich said lands are mentioned and particularly described in the Schedule hereto And whereas it is doubtful W"hethcr the provisions of the said will authorize or empower the trustees thereof to sell any part of the said lands And whereas the said wall contains no jvower to lease the said lands or any portion thereof And whereas certain of the said lands are supposed to con­ tain valuable dejvosits of minerals And whereas it is expedient in view of the number of the persons beneficially entitled under the said w'ill to shares in the said land and the disability through infancy and coverture of some of such persons that the trustees of the said will should have pow'cr to sell the said lands and it is also expedient that such trustees should have powder to grant mining leases of the said lands Be it therefore enacted hy the Queen’s Most Excellent Majesty by and wfith the advice and consent of the Legislative Council and Legislative Assembly of Aew South Wales in Parliament assembled

‘ and by the authority of the same as follows :—

Trustees empowered	1. It shall bc lawful for the Said Hcnry M‘Crummin Keightley and lAilliam Poxton llaylcy or the surv ivoi’s 01’ survAor of them or the heirs or assigns of such survivor or other the trustees or trustee
to sell and convey,

for

1883. 46̂ VIC. 8

Motion's Estate.

for tlie time being of the said w ill hereinafter called the said trustees or trustee to sell and dispose of the lands mentioned and particularly described in the Sclicdule hereto either by public auction or private contract in such lot or lots at such time or times subject to such terms and conditions as to evidence of title time and manner of pay­ ment and to such other stipulations as the said trustees or trustee shall in their or bis discretion think fit for such price or prices as can be reasonably obtained for the same and when sold to convey the same or any part or parts thereof to the purchaser or purchasers as the case may bc bis or their heirs and assigns freed and discharged from the trusts of the said u ill and the receipt or receipts in writing of the said trustees or trustee shall absolutely discharge the pur­ chaser or purchasers of the said lands or any part or parts thereof from the purchase money payable by him or them respectively and shall exonerate him or them from seeing to the ai^plication of such purchase money or from being liable for any loss non-application or misapplication of the same.

2 . It shall bc lawful for the said trustees or trustee to give rower to give credit

credit to any purchaser or purchasers of the said lands or of any part or parts thereof for any number of years not exceeding seven years for the payment of so much of the purchase money as shall not exceed two-thirds of the whole upon such terms as to interest as the said trustees or trustee shall deem proper Provided that the lands in respect of the sale of which such credit is given as aforesaid shall remain unconveyed or be otherwise rendered a security for so much of the said purchase money as shall remain unpaid together with interest upon the same until the same shall have been wholly paid.

3 . Subject and withont prejudice to the reservation and c o n d i - g^ant

tions if any contained in the grants under Avhich the said lands are mining louses, authority for the lessee or lessees to search for AA ork Avin take use and dispose of all such coal ores and minerals as shall bc found therein and to sink and make shafts levels pits drives trenches air-gates Avay-gates and water-courses and to erect and use any smelting refining or other furnaces or mills fire steam or other engines and machinery Avorkmen’s and other houses buildings sheds or other conveniences and to use all other laAvful means and Avays AvhatsooA'cr not onlyfor finding separating and cleaning such ores or other minerals but for conA'orting any of them into a manufactured and nn'rchantablc condition and also to take and use sufficient ground room heap room and pit room for placing or manu­ facturing any of such coals ores or other minerals and for laying the waste refuse or rubbish to bc from time to time produced from the said mines quarries and premises and also Avitli full and free liberty to use or make and use all j)roper and convenient railAA ays and other Avays for the carriage of materials and articles to such mines quarries or premises and for the carriage or delh'cry of any of the said coals ores and minerals Avith horses carts AAaggons and other carriages and generally upon such terms and Avith such stipulations as shall be reasonable necessary or usual for the purposes aforesaid so that in every such lease there bc reseivcd and made payable the best yearly

bolden it shall bc laAvful for the said trustees or trustee to grant

leases by deed for any term of years not exceeding twenty-one years to

take effect in possession and not in reversion or by Avay of future

interest of all and every and any of the mines lodes ores quarries

veins strata and scams of copper lead iron stone clay and all other

minerals AAdiatsoever in one or more block or blocks iinopcncd as well

as opened in under or upon the said lands together Avith any ]>art of

the surface of the said lands Avhich may be thought necessary or

convenient to be held for buildings roads or Avays or other purposes

rent

46 VIC. 1883.

Holton's Estate.

rent dues duties tolls or royalties wliich can bc reasonably obtained without taking any fine premium or forfeit for the granting thereof and so that there be contained in every such lease proper and reasonable covenants and agreements by the lessee or lessees for the due payments of the rents dues duties tolls or royalties therchy reserved and for tlie proper working construction and management of the said mines quarries and works and a power of re-entry for non-payment of such rents dues duties tolls or royalties and so that eveiy lessee duly execute a duplicate or counterpart of the lease granted to him.

Trustees of unsold	4,. q̂ pe said ti’ustecs or trustee shall stand seized and possessed
lands and of pur*

chase m onej.	of the said lands or of such portion thereof as shall from time to time remain unsold subject to any leases granted under the power hereinbefore contained upon the trusts and subject to the directions and declarations in the said will expressed and declared concerning the same And from and after sale made under the power hereinbefore contained shall stand possessed of the moneys arising from such sale upon trust to pay all costs and expenses of and incidental to the procuring and passing of this Act and also of and incidental to such sale And after such payment as aforesaid to invest the net sniqilus of such moneys in debentures or Government securities of any kind of the Colony of New South Wales or upon freehold securities in the said Colony or upon deposit at interest at any Bank carrying on business in the said Colony with j:)Ower from time to time to vary or transpose any such investment or security for others of the kinds hereby authorized.
Trusts of invest­
ments renJs &c.	5. The said trustees or trustee shall stand possessed of such investments and securities and the interest dividends and annual produce arising therefrom and also of the rents due duties tolls or
1‘oyalties arising from or paid under any lease made under the
authority of this Act upon such trusts and with and subject to such directions and declarations as shall as nearly as possible correspond with the trusts directions and declarations in the said will contained concerning the said lands or snch of them as shall be subsisting and capable of taking effect.

Short title. 0. This Act may he cited as the Ilotton’s Estate Act of 1883.”

SCHEDULE ABOVE EEFEEEED TO.

1. All those two thousand acres of land situated in the county of Eoxburgh and township number four in the Colony of New South Wales bounded on the west side by a line north two hundred .and thirty-two chains boundinp; sections one two three and tweiity chains of seclion four on the north side by the Government reserve bearing cast eighty chains to the western boundary of township number two on the east side by that boundary be.aring south two hundred and thirty-six chains .and south fifty-five degrees west sixty-six chains to IMacaiuarie Eiver and on the south side by that river to be called “ Blackdown” Except all that jiiece or parcel of land part and parcel thereof compris­ ing four hundred and ninetv-onc acres Commencing from the Macquarie Eiver and bounded on the South by a line running north fifty-five degrees east twenty one chains ninety links from thence on the east bv a line north two hundred and thirty-seven chains on the north by a line west twenty-one chains on the west by a line south two hundred and thirty-two chains and the Macquarie Eiver to the point of commencement which said four hundred and ninety-one acres have been sold by John Savery Eoild to AVilliam Henry Suttor Esquire.

'2 . All that parcel of land containing by .admca.surement sixty-ono acres (more or

loss) situate in the county of Eoxburgh parish of Peel being part and parcel of the parcel of twohundred.andfortv-sevcn acres three roods and thirty-four pcrchesof landconveyed to .John Busby by Edward Combes by indenture d.ating twenty ninth August one thousand eight hundred and seventy-four being lots one two .and three on the plan exhibited at the sale tothe said .lohnBusby Commencingat the south-west corner of flamucl Terry’s grant of eleven hundred and eighty-four acres at its junction with tlm grant known as Blackdown

thence

1883.   46“ VIC.

Rotton’s Estate.

thence north hy a line thirty chains fifty links thence hy a line east to the Bathurst and Sofala Itoad thence hy that road to the W. Cox’s grant and thence by a lino west to the point of commencement.

3. All that piece or 2)arcel of land containing by admeasurement one hundred acres be the same more or loss situated in the county of lioxburgh and parish of Jed­ burgh near Kelloshiel Commencing at the north-eastern corner of a measured portion of forty-seven acres and bounded on the south by the north boundary of that land being a line bearing west twenty chains on the west by the cast boundary of a measured por­ tion of one hundred and four acres being a line bearing north fifty chains north by aline bearing east twenty chains on tho east by a line bearing south fifty chains to the point of commencement being the land proclaimed as lot thirty on the nineteenth August one thousand eight hundred and fifty-seven and selected by the said Henry Itotton under tho eleventh paragraph of tho regulations of first March one thousand eight hundred and forty-three.

4. All that piece or j)arccl of land containing by admeasurement one hundred and four acres be the same more or less, situated in the county of Eoxburgh and parish of Jedburgh near Kelloshiel Commencing at tho north-western corner of a measured portion of ono hundred acres and bounded on the east by the west boundary of that land being a line bearing south fifty chains on the south by the north boundary of a measured portion of fifty acres being a line bearing west twenty chains eighty-one links on the west by a line bearing north fifty chains and on tho north by a line bearing east twenty chains eighty-one links to tho point of commencement being tho land sold as lot twenty-nine in jmrsuance of the proclamation of eighteenth August one thousand eight hundred and fifty-seven.

5. All that piece or parcel of land containing by admeasurement fifty acres bc the same more or less situated in the county of Eoxburgh and parish of Jedburgh near Kelloshiel Commencing at the north-western corner of H. Perrier’s six hundred and forty acres and bounded on the south by part of the north boundary-lino of that land bearing east twenty chains eighty-one links on the east by the west boundary-line of a measured portion of forty-seven acres bearing north twenty-five chains on tho north by tho south boundary-lino of a measured portion of one hundred and four acres bearing west twenty chains eighty-one links on the west by a lino bearing south twenty-five chains to the point of commencement exclusively of an existing road one chain wide from Bathurst down to Macquarie Eiver passing through this land in a westerly direction the area of which has been deducted from tho total area being the land sold as lot thirty-one in pursuance of the proclamation of eighteenth August one thousand eight hundred and fifty-seven.

G. All that piece or parcel of land containing by admeasurement forty-seven acres bc the same more or less situated in the county of Eoxburgh and parish of Jedburgh near .Kelloshiel Commencing at the south-eastern corner of a measured portion of fifty acres and bounded on tho west by the cast boundary of that land being a line bearing north twenty-five chains on tho north by the south boundary of a measured portion of one hun­ dred acres being a line bearing east twenty chains on the cast by a road one chain wide dividing it from a measured portion of forty-five acres two roods bearing south twenty- five chains on the south by part of the nortb boundary-line of H. Perrier’s six hundred and forty acres bearing west twenty chains to the point of commencement exclusively of an existing road one chain wide from Bathurst down the Macquarie Eiver passing through this land in a westerly direction tho area of which has been deducted from tho total area being the land sold as lot thirty-two in pursuance of the proclamation of tho eighteenth August one thousand eight hundred and fifty-seven.

7. Also all that piece or parcel of land in the parish of Jedburgh county of

Eo.xburgh containing two hundred and two acres more or less	Commencing being tho
land comprised in Crown grant register vol. nxxvi folio 31.

8. Also all that piece or parcel of land containing twenty-five acres of land situated in the county of Eoxburgh parish of Yetholme at Badger Brush Creek Commencing forty-seven chains seven links south from tho north--west corner of W est’s three hundred acres and bounded on the north by a lino west twenty chains on the west by aline south tw'elvo chains fifty links on tho south by a line east twenty chains to W est’s west boun­ dary and on tho east by part of tho said W est’s west boundary being a lino north twelve chains fifty links being tho land sold as lot one in pursuance of advertisement of nine­ teenth May ono thousand eight hundred and thirty-five.

9. All that piece or parcel of land situated in the parish of Yetholme in the county of Eoxburgh containing by admeasurement one hundred acres be the same more or less at tho Stony Eango and about midway betw^een the farm of J. Long and tho village reserve on the north side of the now line of road to Bathurst bounded on tho east by a line north Commencing at a marked tree by tho road side forty chains on the north by a lino west twenty-three chains on the west by a line south fifty-six chains twenty links to the road and on the south by the new lino of road to Bathurst to tho marked tree aforesaid being tho land sold as lot ninety-four in pursuance of the advertisement of fourth December one thousand eight hundred and thirty-seven.

10. All that piece or parcel of land containing by admeasurement seventy acres be the same more or less situated in the county of Cook and parish of Parmer’s Creek near Lambie’s Hill Commencing on Parmer’s Creek at the north-east corner of S. Gr. Dalgety’s one hundred acres and bounded on the west by a line south forty-four chains dividing it

from

46° YIC.	1883.
Motion's Estate.

from part of that one hundred acres on the south by a line east twenty-three chains on the east by a line north twenty-eight chains to Parmer’s Creek and northerly by that creek downwards to the north-east corner of Dalgety’s one hundred acres as aforesaid being the land sold as lot thirty-four in pursuance of the advertisement of the tenth December one thousand eight hundred and thirty-nine.

11. All that piece or parcel of land containing by admeasurement thirty-two acres be the same more or less situated in the county of Cook and parish near

Bowenfels Commencing on a road leading from Bathurst to Sydney at tho south-east comer of S. G-. Dalgety’s one hundred acres and bounded on the west by part of tho east boundary of that land bearing north nine chains to the south-west corner of Hughes and Hoskings’ seventy acres on the north by the southern boundary of that land being a line bearing east twenty-two chains on the east by a line dividing it from a measured portion of twenty-eight acres bearing south twenty chains to the road aforesaid leading from Bathurst to Sydney and on the south by that road north westerly to the south-east corner of S. Gr. Dagety’s one hundred acres aforesaid being the land sold as lot sixteen in pur­ suance of the proclamation of sixth May one thousand eight hundred and fifty-seven.

12. All that piece or p.ircel of land situate in the parish at Glrabino

near the confluence of the Abercrombie and Lachlan Eivers in the county of King containing by admeasurement one thousand one hundred and thirteen acres be the same more or less bounded on the east by a line bearing south one hundred and thirteen chains Commencing on the Lachlan Eiver at the north-east corner on the south by a line bearing west ninety-four chains to the Lachlan Eiver and on tho west and north by that river upwards to the north-east corner aforesaid being the land sold as lot one iu pursuance of the advertisement of twenty-seventh May one thousand eight hundred and thirty-seven.

13. All that piece or parcel of land containing by admeasurement eight hundred and eighty acres be the same more or less situated in the county of Bathurst and parish of at Grabine Commencing at the north-west corner of the village reserve of Grabine .and bounded on the west by a line north ono hundred and ten chains on the north by a line e.ast eighty chains on the oast by a line south ono hundred and ton chains and on tho south by a line west eight\' ch.ains dividing it from the village reserve of Gr.abine to the north-west corner of the same a.s aforesaid being tho land sold as lot sixteen in pursuance of the advertisement of tenth September one thousand eight hundred and thirty-eight.

14. Also all tho.se thirty-three acres be the same more or less situated iu the parish of Bracbridge in the county of Bathurst being the land comprised in Crown Grant registered vol. x l t folio 5.

15. All that allotment or parcel of land containing by admeasurement one rood thirty-five perches be the same more or less situated in tho county of Wellington parish of Orange and town of Orange being allotment number sixteen of section number thirty- three Commencing on the northern side of March-street at the south-western corner of allotment seventeen and bounded thence on the south by that street westerly one chain on the west by the eastern boundary-line of allotment fifteen northerly at right angles to March-street four chains and seventy links to a lane on the north by that lane easterly parallel with March-street one chain and on the east by the western boundary-line of allotment seventeen aforesaid southerly at right angles to March-street four chains and seventy links to the point of commencement being the allotment sold as lot thirty in pursuance of the proclamation of twenty-fifth May one thousand eight hundred and fifty-eight.

1(5. All that allotment or parcel of land containing by admeasurement one rood thirty-five perches be the same more or less situated in the county of Wellington parish of Orange and town of Orange being allotment number seventeen of section number thirty-three Commencing at the south-eastern corner of the section and bounded thence on the south by March-street westerly one chain on the west by the eastern boundary­ line of allotment sixteen northerly at right .angles to March-street four ch.ains and seventy links to a lane on the north by that lane easterly parallel with M.arch-street ono chain to Sampson-street and on the east by th.at street southerly four chains and seventy links to the point of commencement being the .allotment sold as lot thirty-one in pursu.ance of the proclamation of twenty-fifth May one thousand eight hundred and fifty-eight.

17.                 All that piece or parcel of land containing by admeasurement forty-three

acres thirteen perches more or less situated in the parish and county of Bathurst aforesaid being portions of allotments numbers four and five of the allotments in Queen Charlotte’s Vale Commencing at a point in a road called Gorman’s Hill Eoad leading from Bathurst aforesaid to Campbell’s Eiver iu the said Colony at the south-east corner of a piece of land belonging to Francis Lord and bounded on the east by the said road by a line southerly twenty-three chains ninety-four links to a reserved road dividing the land now being described from land belonging to Henry Butler on the south by the last- mentioned road by a line westerly to Queen Charlotte’s Yale Creek on the west by Queen Charlotte’s Vale Creek to the south-west corner of the said allotment number four and on the north by the said land belonging to the said Francis Lord by a line easterly to the commencing point .afore.said subject nevertheless to a certain indenture of mortgage bearing date the fourth day of April one thousand eight hundred and fifty-five made between the said Samuel Benny Sergeant and Kenneth Price therein described of the one p.art and John Savery Eodd of the other part All that piece or parcel of land situated in the county of Bathurst in the said Colony being part or parcel of that part of the M'almer Estate conveyed to James Horne Srewart David Kennedy and Kirpatrick Dickson

■ Smythe

1883.   46̂ ̂VIC.

notion's Estate.

Smythe hy a certain imlenturo ot the twenty-fifth clay of iSiovemher one thousand eight hundred and fifty-three and by them conveyed to the said Samuel Benny Sergeant by a certain indenture dated tlie tliirtieth day of September one thousand eight hundred and fif t y- four Commencing at a point on tlie western side of a road called Macquarie-street fifty chains forty-eight links from the Ophir Eoad and bounded on the east by Macquarie- street aforesaid by a lino south five chains twenty-nine links on the south by a line west nine chains sixty-five links dividing it from land purchased by Mr. Pyne on the west by aline north five chains twenly-nine links dividing it from M ount Pleasant Estate and on the north by a line east nine chains sixty-five links dividing it from the land purchased by the said Samuel Benny Sergeant next hereinafter described to the commencing point afore­ said All that piece or parcel of land containing by admeasurement ten acres more or less situate in the county of Bathurst in the said Colony being also part and parcel of that part of tho AValmcr Estate conveyed to the said James Horne Stewart David Kennedy and Kirkpatrick Dixon Smythe as aforesaid and so conveyed to the said Samuel Benny Sergeant as aforesaid Commencing at a point on the western side of the road called Macquarie-street thirty-nine chains ninety links from the Ophir Eoad and bounded on the east by Macquarie-street aforesaid by a lino south ten chains fifty-eight links on the south by a lino west nine chains sixty-five links dividing it from the land lastly herein­ before described on tho west by a tine north ten chains fifty-eight links dividing it from the IMount Pleasant Estate and on the north by a line cast nine chains sixty-five links by lands of the said James Horne Stewart Kirkpatrick Dixon Smythe and David Kennedy part of the said purchased lands so conveyed as aforesaid to the commencing point aforesaid_

All that piece or parcel of land containing by admeasurement five acres be the same more or less situated in the county of Bathurst in the said Colony being part and parcel of that part of the Waliner Estate conveyed to the said James Horne Stewart ])avid Kennedy and Kirkpatrick Dixon Smythe and which ultimately was vested iu the said Samuel Benny Sergeant Commencing at a point on tho western side of a road called iUacquaric-strect fifty-five chains seventy-seven links from tho Ophir Eoad and bounded on the east by Macquarie-street aforesaid by aline south five chains twenty-niuo links oil tho south by a line west nine chains sixty-five links by the land purchased by Mr. Eobert Eac on tlio west by a line north five chains twenty-nine links dividing it from the Mount Pleasant Estate and on the north by a line east nine chains sixty-five links dividing it from land purchased by' Mr. Kenneth Price to the commencing point aforesaid.

18. All that allolineut or parcel of land in tho said Colony containing by admeasurement two roods and situated in the town parish and county of Bathurst aforesaid allotment number twelve of section number eighteen Commencing at the south-east corner of allotment number thirteen and bounded northerly' by a lino dividing it from that allotment bearing west forty-one and a half degrees south two chains fifty links westerly by a line dividing it from part of allotment number ton bearing south forty-eight and a half degrees east two chains southerly by a line dividing it from allotment number eleven bearing east forty-one and a half degrees north two chains fifty links and easterly by a line dividing it from t)urham-strcct bearing north forty-eight aud a half degrees west two chains to tho south-east corner of allotment number thirteen aforesaid being the allotment sold as lot twelve in juirsuance of the advertisement of the twenty-eighth day of March ono thousand eight hundred and forty.

19. All that piece or parcel of land being part and parcel of allotment number eleven of section number eighteen containing by' admeasurement thirty-two perches more or less situated in the town parish and county' of Bathurst aforesaid Commencing at the south-east corner of allotment number twelve and bounded southerly by a lino dividing it from that allotment bearing west forty'-onc and a half degrees south two chains fifty links we.sterly by a lino dividing it from part of allotment number ten bearing south forty-eight and a half degrees east one chain fifteen links southerly by a line dividing it from ]iart of allotment number eleven bearing cast forty-seven degrees north two chains fifty-three links to Durham-sircct being distant from Eankin-strect westerly along Durham-street aforesaid one chain fifty-five links and easterly by a lino dividing it from Durham-strect bearing nortli forty'-eight and a half degrees west forty-five links to the south-east corner of allotment luimber twelve as aforesaid.

20. All that piece or parcel of land situate in the town pari.sh and county of Bathurst aforesaid Commencing at the south-west corner of allotment number eleven of section number thirty-one and bounded easterly by a lino bearing north one hundred and thirty-two feet dividing it from that allotment northerly by a line bearing west forty-one feet and six inches dividing it from part of allotment number twelve westerly by a line bearing south ono hundred and thirty-two feet dividing it from part of allotment number ten and southerly by a lino bearing cast forty-one feet aud six inches dividing it from George-street to tho commeucing point aforesaid.

21. All that allotment or parcel of land containing by admeasurement two roods bo the same more or less situated in the town of Bathurst ])arish of Bathurst and county of Bathurst being allotment number ten of section number sixty-nine Commencing on the north-eastern side of Lambcrt-strcct at tho south corner of allotment number nine and bounded on the north-west by the south-eastern boundary of that allotment being a line north-easterly at right angles to Lambert-street five chains on the north-east by a lino south-easterly parallel to Jiambert-street one chain on the south-east by a line south­ westerly at right angles to the north-eastern boundary live chains to Lambert-street and

on

8 46 VIC. 1883.

Botton’s Estate.

oa the south-west hy one chain of the north-eastern side of Lamhert-strcct north-westerly to the south corner of allotment number nine aforesaid being the land sold as lot thirty- one in pursuance of the proclamation of the twenty-seventh July one thousand eight hundred and fifty-five.

22. All that allotment or parcel of land containing by admeasurement two roods bo the same more or less situated in the town of Bathurst parish of Bathurst and county of Bathurst being allotment number sixteen of section number sixty-nine Commencing on the south-western side of Piper-street at the north corner of allotment number fifteen and bounded on the south-east by tho north-western boundary of that allotment being a line south-westerly at right angles to Piper-street five chains on the south-west by a line north­ westerly parallel to Piper-street one chain on the north-west by a line north-easterly at right angles to the south-western boundary five chains to Piper-street and on the north­ east by one chain of the south-west side of Piper-street south-easterly to tho north corner of allotment number fifteen aforesaid being tho land sold as lot thirty-two in pursuance of the proclamation of the twenty-seventh of July one thousand eight hundred and fifty-five.

23. All that piece or parcel of land containing by admeasurement two roods

thirty-two perches situated in the town of Bathurst vol. x x v iii folio 8-1.

24. All that piece or parcel of land containing by admeasurement one acre and

thirty perches town of Bathnrst vol. cxci folio 247.

25. All that piece or parcel of land containing by admeasurement ono aero and

thirty-one perches town of Bathurst vol. l x : i folio 64.

26. All that piece or parcel of land containing by admeasurement two hundred and two acres be the same more or less situated iu the parish of Jedburgh county of Eoxburgh vol. lxxvi folio 31.

27. All that piece or parcel of land containing by admeasurement thirty-three acres be the same more or less situated iu the parish of Bracebridge county of Bathurst vol. XLT folio 5.

28.    Also all that piece or parcel of land containing by admeasurement one hundred

acres be the same more or less situated in the parish of Malmsbury county of Bathurst

being the land comprised iu Crown Grant vol. cccclxxxvii folio 71.

29. All that piece or parcel of land containing by admeasurement forty acres bo the same more or less situated in the pari.sh of Parfleet county of Bathurst portion thirteen being the land described in Crown Grant vol. cccxc folio 40.

30. All that piece or parcel of land containing by admeasurement sixty acres parish of Parfleet county of Bathurst portion fourteen being the land described in Crow'n Grant vol. nxxviii folio 180.

31. All that piece or parcel of land containing by admeasurement one hundred

acres parish of "Winburn county of Eoxburgh 244/89.

32. All that piece or parcel of land containing by admeasurement two acres situated in the county of AVestmoreland parish of Irene portion thirty described in Crown Grant vol. ccccxii folio 108.

33. And all that piece or parcel of land containing by admeasurement two acres county of Westmoreland parish of Irene ijortion number thirty-one b(;ing land described in Crown Grant vol. ccccxii folio 109.

34. All that parcel of land at Kelso iu the county of Eoxburgh part and parcel of the parcel of land kno wn as Head’s grant and containing by admeasurement thirteen acres and three roods more or less and described as follows that is to say Commencing on the east bank of the Macquarie Eiver and bounded on the north-west by a line easterly twelve chains and eighty-eight links on the north-east b}' a line southerly eleven chains fifty- eight links on the south-east by a line westerly nine chains and eighty-two links to tho Macquarie Eiver and by that river downwards to the point of commencement.

35. All that allotmeut or parcel of land containing by admeasurement two roods bo the same more or less situated in the town of Wellington parish of Wellington county of Wellington being allotment number nine of section number eleven Commencing at the north-west corner of allotmeut number eight and bounded on the north by a line bearing west one chain dividing it from Swift-street on the west by a line bearing south five chains dividing it from allotment number ten on the south by a line bearing east one chain dividing it from allotment number sixteen and on the east by a line bearing north five chains dividing it from allotment number eight to the north-w^est corner of the same as aforesaid Being the allotment sold as lot ninety-five in pursuance of the proclamation of the third August ono thousand eight hundred and forty-eight.

36. All that piece or parcel of laud containing by admeasurement two roods bc the same more or less situated in the town of Wellington parish of Wellington county of Wellington being allotment number two of section number eleven Commencing at the south-east corner of allotment number three and bounded on the north by a line bearing west two chains dividing it from that allotment on the west by a line bearing south two chains fifty links dividing it from part of allotment number twenty on the south by a line bearing east two chains dividing it from allotment number one And on tho east by a line bearing north two chains fifty links dividing it from Arthur-street to the south­ east corner of allotment number three as aforesaid being the allotment sold as lot number ninety-one in pursuance of the proclamation of third August one thousand eight hundred and forty-eight.

37. All that allotment or parcel of land containing by admeasurement two roods

be the same more or less situated in the town of Wellington parish of AWllington county

of

1883.   46“ VIC.

Motion's Estate.

of Wellington being allotment number tlircc of section cloven Commencing at tbo south­ east corner of allotment number four and bounded on tho north by a line bearing west two chains dividing it from that allotment on tho west by a line bearing soulh two chains fifty links dividing it from ])art of allotment number live on the south by a line bearing cast two chains dividing it from allotment number two and on the east by a lino bearing north two chains fifty links dividing it from Artlurr-sl root to the south-east corner of allotment number four as aforesaid being the allotment sold as lot ninety-two iu pursu­ ance of the ])roclamatiou of third August ono thousand eight hundred and forty-eight.

38. All that allotment or pai’cel of land containing by admeasurement two roods be tho same more or less situated in tho village of Carcoar parish of Errol county of Bathurst being allotment number twelve of section number sixteen Commencingat tho north-east corner of allotment number seven and bounded on the east by a line bearing north five chains dividing it from allotments numbers ten and eleven on the north by a line bearing west one chain dividing it from Itodd-street on the west by a line bearing south five chains dividing it from allotmejit number thirteen and on the eouth by a line, bearing east one chain dividing it from allotment number seven to the north-east corner of the same as aforesaid being tho allotment sold as lot seventy-three in pursuance of tho proclamation of twelfth May one thousand eight hundred and fortv-seven.

39. All that allotment or parcel of land containing by admeasurement two roods be

the same more or less situated in the village of Carcoar parish of Em d county of Bathurst

being allotment number thirteen of section number sixteen Commencing at the north­ east corner of allotment number six aud bounded on the east by a line bearing north five chains dividing it from allotment number twelve on tho north by a line bearing west ono chain dividing it from Eodd-street on the west by a lino bearing south five chains dividing it from allotment number fourteen and on tho soulh by a line bearing east one chain diiidingit from allotment number si.x to the north-cast corner of tho same as aforesaid being the allotment sold as lot seventy-four in pursuance of the proclamation of the twelfth May one thousand eiglit hundred and forty-seven.

•10. All tliat allotment or parcel of land containing by admeasurement two roods more or loss situated in the village of Carcoar parish of Errol county of Bathurst being allotment number sixteen of section number sixteen Commencing at thc’north-east corner of allotment number three and bounded on the east by a line bearing north live chains dividing it from allotment number fifteen on the north by a line bearing west one chain dividing it from Kodd-street on the west by a lino bearing south five chains dividing it from allotment number seventeen and on tho south by a lino bearing east one chain dividing it from allotment number three to the north-east corner of the same as aforesaid Being the allotment sohl as lot seventy-seven in juirsuance of tho proclamation of twelfth IMay one thousand eight hundred and forty-seven.

41. All that allotment or parcel of land containing by admeasurement two roods bc the same more or less situated in the village of Carcoar parish of Errol county of B.ithurstbeingallotincnt number seventeen of section number sixteen Commencingat tho north-east corner of allotment number two and bounded on tho east by a line bearing north five chains dividing it from allotment number sixteen on the north by a line bearing west one chain dividing it from Kodd-street on the west by a line bearing south five chains dividing it from allotments numbers eighteen and nineteen and on the south by a lino bearing cast one chain dividing it from allotment number two to tho north-east corner of the same as aforesaid Being the allotment sold as lot seventy-eight iu pur­ suance of tho proclamation of twelfth May ono thousand eight hundred and forty-seven.

42. All that parcel of land portion of tho said Naltram Estate containing by a Imeasurement two roods or thereabouts being allotment number three of section two in the township of Eglinton Commencing at the north-cast corner of allotment number two in the same section and boundi'd on the north by a line running easterly ono chain along AV^ellington-strect on the east by a line running southerly along tho western boundary of the parcel of land next hereinafter particidarly described five chains thence on the south by a line running westerly along the northern boundarx' of allotment number eighteen in the same section ono chain thence on the west by a line running northerly along the eastern boundary of tho said allotment number two to the ])oint of commencement.

All that parc(d of land other portion of the said Saltram Estate in the township of Eglinton aforesaid containing by admeasurement two roods or thereabouts being allotment number four of section number two aforesaiil tkmimencing at the north-east corner of the allotment lastly hereinbefore part icnlarly described and bounded on tho north by a lino running easterly along AV^clIington-streot aforesaid ono chain thence on tho east by a lino running southerly along the western boundary of allotment number five in the same section live chains thence on the south by a line running westerly along tlû northern boundary of allotment number seventeen in the same section one chain ami thence on the west by a line running nortberh^ along the eastern boundary of the parcel of land lastly hereinbi I’orc described five chains to the ])oint of commencement.

All that parcel ol' land other ])ortion of the said ISaltram Estate in the said town­ ship of Eglinton containing by admeasurement two roods or thereabouts being allotment number seven of section number two aforesaid (''ommencing at the south-east corner of allotment number six in the same section and bounded on the east by a lino niiining southerly along Kankin-sireet ono chain thence on the south by a line running

westerly

46“ VIC.	1883.
Holton's Estate.

westerly along the northern boundary of the parcel of hand next hereinafter particularly described five chains thence on the west by aline running northerly along a part of the e.astern boundary of allotment five in the same section one chain thence on the north by a line running easterly along the southern boundary of the said allotment number six of the same section five chains to the point of commencement.

All that parcel of land other portion of the said Saltram Estate containing by admeasurement two roods or thereabouts being allotment number eight of section number two in the township of Eglinton aforesaid Commencing at the south-east corner of the parcel of land lastly hereinbefore particularly described and bounded on the cast by a lino running southerly along Hankin-stroet aforesaid ono chain thence on the south by a lino running westerly along the northern boundary of allotmeut number nine in the same section five chains thence on the west by a line running northerly along a part of the eastern boundary of the said allotment number five in the same section one chain thence on the north by a lino running easterly along the western boundary of the parcel of land lastly hereinbefore particularly described five chains to the point of commencement.

All that parcel of land other portion of the said Saltram Estate containing by admeasurement two roods or thereabouts being allotment number nine of section number eight in the said town.ship Commencing at the south-west corner of allotment number eight in the same section and bounded on the south .by a line running westerly along Wellington-street ono chain thence on tho west by a line running northerly along the eastern boundary of the parcel of land next hereinafter particularly described five chains thence on the north by a line running easterly along the southern boundary of allotment number two one chain thence on tho east by a line running southerly along the western boundary of allotment number eight in the same section five chains to the point of commencement.

All that parcel of land other portion of the said Saltram Estate containing by admeasurement two roods or thereabouts being allotment number ten of section number eight in the township aforesaid Commencing at the south-west corner of tho parcel of land lastly hereinhefore particularh' described and bounded on the south by a line running westerly along AVellington-strcet one chain thence on the west by a line running northerly along Kankin-street five chains thence on the north by a line running easterly along tho southern bo\indary of allotment number c ne in the same section one chain and thence on the east by a line running southerly along the western boundary of the parcel of land lastly hereinbefore particularly described five chains to the point of commencement.

43. All that piece or parcel of land containing by admeasurement forty acres bo the same more or less situated in the county of Eoxburgh and parish of Eusdale .at tho D.airy Station near the head of Eusdale Creek Commencingat tho north-we.st corner at Eusdale Creek at a point bearing south thirteen degrees ten minutes west aud distant twenty-four chains sixtv-five links from the south-west corner of William Lawson’s eight hundred and forty-eight acres purchase and bounded on the north by a line bearing oast eighteen chains eighty-five links on the cast by a line bearing south thirty-three chains ten links on the south by a line bearing west eleven chains forty-five links on the west in part by a lino bearing north thirteen chains ten links to a marked gum-tree and thence on the west and south-west by the said creek upwards to the north-west corner aforesaid Being the land sold as lot thirty-five in inirsuancc of the proclamation of eighteenth August one thousand eight hundred and fifty-three.

44. All that allotment or parcel of land situate m the township of Hastings South

parish of county of Macquarie in the Colony of New South AValo.s being

allotment number thirty-four of section number forty-three Commencing at a point on the shore of tho Hastings Eix'er being the most southerly point of allotment number thirty-three and bounded on the north-east by that allotment being a line bearing north- xvesterly two hundred and ninety feet on the north-west by llastings-street being a lino bearing south-westerly thirty-two feet On the south-west by alloiment number thirty- five being a line bearing south-easterly two hundred aud ninety feet and on the south­ east by tho river Hastings aforesaid to the point of commencement.

45. All that allotment or parcel of land situate iu the township of Hastings East

parish of county of Macquarie in the Colony of hiew .South Wales being allot­

ment number forty of section number twenty-seven Commencing in Fitz-Koy-street at the south-west corner of allotment number thirty-nine and bounded on the e.ast by that allotment being a line beaiing north two hundred and ninety feet On the north by a reserved lane being a line bearing west thirtv-two feet On tho west by a reserve being a line bearing south two hundred and ninety-feet to the said street and on the south by the said street being a line bearing east thirty-two feet to the point of commencement.

46. All that allotment or parcel of land situ.ato in the townshij) of Hastings

South parish of county of Macquarie in the Colony of New South AVales

being allotment number fifty-six of section number twenty-seven Commencing in Bligh- street at tho north-east corner of allotment number fifty-five and bounded on the west by that allotment being a line bearing south txvo hundred aud ninety feet On the south by a reserved lane being a line be.aring east thirty-two feet On tho east by allotment number fifty-seven being a line bearing north two hundred and ninety feet to the said street and on the north by the said street being a lino bearing west thirty-two feet to the point of commencement.

1883.   46^ VIC.

notion's Estate.

47. All tliat allotment or parcel of land situate in the township of Ilasitngs East ])arish of county of Macquarie in tho Colony of Now South Wales being alhitmcnt number eighteen of section number tliirty-two Commencing in Victoria-street at the south-west corner of allotment number seventeen and bounded on the east by that allotment being a line bearing north two hundred and ninety feet On the north by a reserved lane being a lino bearing west thirty-two feet on the west by allotment number nineteen being a line bearing south two hundred and ninety feet to the said street and on the south hy the said street being a lino bearing cast thirty-tw'o feet to the point of commencement.

48. All that piece or parcel of land containing by admeasuroinont two hundred

acres be the same more or loss situated in tho county of Westmoreland and parish of

at lllaxland’s Swamp and bounded on tho north by Cox’s Kiver

on the east by part of hlarsden’s six hundred acres being a lino south forty-seven chains

from Cox’s Kiver on the south by a line west forty-five chains to Blaxland’s Swamp and

on the west by the water-course of the swamp being the land promised to the late

William Orrel on or before tho date above mentioned and granted to .lohn Ford in

accordance with tho report on case number five hundred and five made on tho fifth day

of December one thousand eight hundred and thirty-nine by tho Commissioners

appointed under tho Act of tho Colonial Legislature fifth AV'illiam Fourth number

twenty-one.

49. All that piece or jiarcol of land containing by admeasurement six acres and one rood be the same more or less situated in the county of Koxburgh and parish of Kelso town of Kelso allotment number seven of land formerly Blac'kman’s eighty acres Commencing at the southernmost corner of allotment number five and hounded southerly by a line bearing west thirty degrees south ten chains dividing it from a road of fifty links wddc westerley by a line hearing north twenty-nine and a h.alf degrees west six chains twenty-five links dividing it from allotment number nine northerly by a liTie bearing east thirty degrees north ten chains dividing it from land originally ])romised to Abbott easterly by a line hearing south twenty-nine and a half degrees east six chains twenty five links dividing it IVom allotment number five to the southernmost corner of tho same as aforesaid being the land sold as lot fourteen in pursuance of the proclama­

tion of twelfth December one thousand eight hundred aud forty-six. .

50. All that piece or ])arccl of land situate lying and being in the county of Koxburgh and township of Kelso in tho Colony of New South AVhiles and abutted and bounded as follows th.at is to s.ay on tlie west by the Macquarie Kiver five chains and two perches on the north by Sto[)hcn-street on the east hy lands of the s.aid John Ford and on tho south by lands of tho Kevorend .John Espie Keene reserving to the said Sidney .Stephen his heirs and assigns a road to bo called Ford-street through the said laud of two perches in width from Stephon-street to the land of tho said John Espie Keene so as to form a communication between the last-mentioned street and the jiublic road leading to Bathnrst.

51. All that jiicee or parcel of land containing by admeasurement ten acres be tho same more or less situated in tho county of Cook and parish of at Solitary Creek and bounded on the south by a Imo west ten chains fifty links from tho new Bathurst Koad to Solitary Creek oil tho west by that creek to the road and on the north-cast hy the road being the land ]iromiscd to John I’ord on or before tho eleventh day of March one thous.and eiuht hundred and thirtv-one and of which he was authorized to take possession on twcnly-third April one thousand eight hundred and thirtv-one as a special grant for the ])urpnso of erecting an inn thereon being also the land advertised in his name as number five liundred and tliirty-threc in tlie Covernment notice dated first August one thousand eight hundred and thirty-nine.

52. All that allotment or piece of land in our said territory containing hy admo.asnrcment twm roods bo tho same more or less situated in the town of Bathurst jiarish of Bathurst county of Bathurst being allotment number three of section number thirty-nine Commencing on tho south-east side of Stewart-street at tho westernmost corner of allotment number two and bounded on tho north-cast by tho south-w estern boundary of that allotment being a lino south-easterly at right angles to Stewart-street two chains on tho south-east by a lino south-westerly parallel to .Stewart-street two chains fifty links on the south-west by a Hue iiorth-westerley at right angles to the south­ eastern boundary two chains to Stewart-street and on tho north-west by two chains iifty links of tho south-east side of .Stew.Trt-street north-easterly to the westernmost corner of allotment nnmher two aforesaid being the allotment sold as lot number forty- three in pursuance of the ])roclaination of twentieth .July one thousand eight hundred and fifty-four with all tho rights and appurtenances wdiatsocvcr thereto belonging.

53. All that allotment or jiareel of land in our said territory containing by admeasurement tw'o roods bo the same more or less situated iu tlie town of Bathurst p.arish of Bathnrst county of Bathurst being allotment number two of section number thirty-nine Commencing on the soutli-east side of Stewart-street at tho westernmost corner of allotment number one and bounded on the north-east by tho soulh-western boundary of that allotment being a lino south-easterly at right angles to Stewart-street two chains on the south-east by a lino south-westerly parallel to Stewart-street two chains fifty links on the south-west by a lino north-westerly at right angles to tho south­ eastern boundary tw'O chain.s to Stewart-street and on the north-west hy two chains

fifty

46« VIC. 1883.

Kiama Tramioay.

fifty links of the south-east side of Stewart-street north-easterly to the westernmost corner of allotment number one aforesaid being the allotment sold as lot forty-two in pursuance of the proclamation of twentieth July ono thousand eight hundred and fifty-four with all the rights and appurtenances whatever thereto belonging Also all other lands belonging to the estate of the said Henry Eotton which are not hereinbefore specially mentioned except a freehold estate near Moruya known as Mynora devised by the said Henry Eotton to his daughter Caroline Mary Keightley.