Rutland Flux Tramway Act of 1891 (1892 No rft) (NSW)

1892.   5^ ̂VIC.

Hutland Flux Tramicay.

An Act to authorize Rol)crt Stewart, of k̂̂tland fhx

Broken Hill, in the Colony of New South Wales, mine owner, his heirs, executors, administrators, and assigns, to construct and maintain a Tramway from his Flux Quarries, in the i)arish of Eohe, comity of Yancoivinna, in the Colony of New South Wales, and to nse horse, steam, or othei* motive power ii])on the said Tramway, and to carry all flnx, fuel, and other material to and trom his said (luMi’i'ies, in the parish of Bohe aforesaid, to a point near Broken Hill, in the Colony aforesaid, connecting with the Tramway system of the Broken Hill Mines, \20tli February, 1892.]

T 'TT IIEIaEA'S lai’"c quantities of flux, fuel, and otlier material exist

at the aforesaid flux quarries, in the jiarisli of Itobe, as also along the line of traimvay : And uhereas for the purpose of facilitating the carriage of the said flux, fuel, and other material from the said localities the said Eohert Stewart is desirous of constructing a single or doul)le tramway, for horse, steam, or other traction, over, across, and along the lands descriljcd in the Schedule hereto, from the said localities to a point near Broken Hill, in tlu ̂ said Colony: And whereas such traiuAvay cannot he made without Legislative authority : And wherc'as the construction of the said pro])oscd tramway would he largely for the hcnellt of the mining public by materially assisting to lessen tlu; expense of developing the great silver and lead mining industry in the Barrier Ilauges, and it is therefore advisable to authorize, by Legis­ lative enactment, the construction of the said proposed traniAvay, subject to the provisions hereinafter contained : Be it therefore enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Xew South H'alcs in Parliament assembled, and by the authority of the same, as follows :—

V V

1.                I t shall be lawful for the said Bobert Stewart, his heirs. Authority to

executors, administrators, and assigns, upon the terms and conditions and subject to the provisions hereinafter contained, to make and con- stnud a tramway for the carrying of the said flux, fuel, and other material obtained from the said (puirries in the said parish of llobe aforesaid, as also along the lint? of tramway by the route, and along and over the roads, streets, htnds, and reserves, both public and ])iivate, described in the Schedule hereto, and to take and use so much of the said roads, streets, lands, and reserves, both public and private, as may be required for the purposes of such tramway, but so that the same shall not occupy in part thereof on private lands a greater space in breadth than sixteen feet, and on public lands in breadth sixty-six feet, including the support and foundations thereof: Provided that it shall bo lawful to deviate from the line of tranway described in tlie Schedule to this Act, on either side thereof, at any part thereof to a distance not exceeding one mile.

b 2.

55̂ ̂VIC. 1892.

Itiilland Flux Tramway.

Levels of line.

2. Tlie gauge of the said tramway shall he three feet six inches, and wlicrc it traverses public thoroughfares shall be laid at about the general level of such thoroughfares and so that the rails shall not pro­ ject above the surface thereof; and the said llohert Stewart, his heirs, executors, administrators, or assigns shall maintain in perfect order and repair the said tramway, and the pavements of the same hetAveen the rails of the said traniAAay, and for the space of one foot six inches on each side of the said rails, and furthermore shall erect and mainiain all necessary canscAAnys in connection Avith the said tram.

Tramway (o remain

property of Kobert 3. The tramway and the material thereof shall not cease to ho

Stewart, liis lieirs,	the property of the said Eohert SteAvart, his heirs, executors, adminis­
exceutors, adminis­
trators, and assigns.	trators, and assigns hy reason of the same being laid as aforesaid.
Authorized persons	4. The said Eohert StcAA art, his heirs, executors, administrators, necessary rights over the roads, streets, and lands described in the Schedule to this Act as arc required for tlic construction, repair, completion, and nse of the said trauiAAny : Provided that tlierc shall be no interference Avith ordinary traffic beyond AAdiat is reasonable and necessary for such purpose.
to have rights over	and assigns, and all other persons duly anthorized, shall have all
streets.
Carriage.	5. The traniAvay shall he for the use of persons engaged in the said industry only, and shall he confined to the conveyance of sucli flux, fuel, and other material as aforesaid from the quarries of the said Eohert SteAAurt aforesaid, as also along the line of tramway, and of stores and material required in connection AAdth the said quarries and tramAvay.
To employ horse,
steam, or other	6. I t shall he laAvful for the persons using the said tramway to employ horses, steam, or other motive poAver, and carriages, Avaggons, or trucks to be draAvn thereby, and to carry flux, fuel, stores, and other material upon the said traiuAvay.
motive power.
Power to enter upon
adjoining lands to	7. In case of accidents or slips happening or being apjn’clicndcd it shall he laAvful for the said Eohert SteAA'art, his heirs, executors, administrators, and assigns, and his or their Avorkmen and scrAnnts, to enter upon the lands adjoining thereto at any time Avhatsoever for the purpose of repairing or preventing such accidents, and to do such Avorks as may he necessary for the purpose; but in every such case the said Eohert StcAvart, his heirs, executors, administrators, or assigns, shall, w ithin fourteen days after such entry, make a report to the Secretary for Pnldic "Works s]>ccifying the nature of such accident or apprehended accident and of the Avorks necessary to be done, and such poAvers shall cease and determine if the said Secretary shall, after considering the said report, certify th a t their exercise is not necessary for the public safety : Provided also th a t such Avorks shall be as little injurious to the said adjoining lands as tlic nature of the accident or apprehended accident Avill admit of, and shall he executed Avith all possible despatch, and full compensation shall be made to the OAvners and occupiers of such lands for the loss or in jury or inconA'cnicncc sustained hy them respectively hy reason of such Avorks, the am ount of which compensation, in case of any dispute aborrt the same, shall be settled hy arbitrators in the m anner hereinafter mentioned : And provided also th a t no land shall he taken permanently for any such Avorks otherwise than is herein provided Avith respect to the lands originally taken for the purpose of making the said traniAvay.
repair aceidents	to tlie cuttings, embankments, or other Avorks of the said traniAvay,
subject to certain
vestrictions.
Robert Stewart,
liis heirs, executors,	8. The said Eohert 8teAvart, liis heirs, executors, administrators, other minerals under any land wherooP the surface is A'csted in him or them l)y virtue of this Act, excejh only such parts thereof as shall be necessary to be dug or carried aAvay in tiic construction of the AA’orks hereby authorized, and such mines shall not he deemed to vest in tlui
administrators, and	and assigns shall not he entitled to any mines of coal, iron, slate or
assigns not entitled
to minerals.

. said

1892.   55̂ VIC.

Rutlcmd Flux Trcmmai/.

said Hobcrt Stewart, liis Iioirs, executors, administrators, and assigns : Provided that 'where snch tramway passes over Crown Lands, the said Pohert Stewart, his licirs, executors, administrators, and assigns shall pay to the Crown such annual rent, not exceeding two shillings per acre, for snch Crown Lands passed over hy such traniAvay, as the ]\linistcr for Lands may direct.

9. If within sixty days of the passing of this Act the said jiersons through whose land tlie tramway shall pass, or any of them, tYon!''̂	to im
and the said Ptohert StcAvart, his heirs, executors, administrators, and
assigns shall not agree as to the amount of compensation to he paid hy
him or them for the said lands belonging to Ihc said parties, or any of
them, or for any damage that may be sustained by them or him, by
reason of the execution of the works, or if any other question as to
{‘ompensation shall arise under this Act, the amount of such compensa­
tion shall bo settled by arliitrators in manner hercinafti'r mentioned
(that is to say), unless both, parties concur in the appointment of a
single arbitrator, each party on the request of the other shall nominate
and appoint an arbitrator to whom such dispute or otlu'r matter shall be
ri'ferred; and any ajipointment of an arbitrator shall be under the band
and seal of such person or persons respectively; and such ajipointmcnt
shall be delivered to the arbitrator or arbitrators, and shall be deemed
a submission to arbitration on the part of the ])arty by whom the same
shall be made ; and after any such ap]iointment shall have hecn madi',
iK'ither party shall have power to reA'okc the same without the consent
of the othei-, nor shall the death of either party operate as a revocation ;
and if for the space of fourteen days after such dispute or other matter
shall have arisen, and after a request in writing shall have hcen served
by the one party on the other party to apiioint an arbitrator, such last-
mentioned party shall fail to appoint such arliitrator, tlu-n iqion such

failure it shall be lawful for the Attorney-General for the time being	.
of the said Colony, on the application of the party who has himself apjiointed an arbitrator, to appoint such arbitrator to act on bcbalf of botli parties, and sucb arbitrator may jirocc'cd to bear and determine the matters whicb shall be in dispute, and in such case the award or determination of such single arbitrator shall be final and conclusive.

10. If before the matter so referred shall be determined any rroccedmgs in caee

arbitrator appointed by either party shall die, or become incapable or

refuse, or for fourteen days neglect to act as arbitrator, tbe party by wbom such arbitrator Avas appointed may nominate and appoint in AATiting some other person to act in his place, and if for the space of scAmn days after notice in Avritingfrom the other party for that purpose he fail to do so, the remaining or other arbitrator may ])rocecd alone ; and every arbitrator so to be. substituted as aforesaid shall liaA'c tlie same poAvi-rs and authorities as Avere vested in the former arbitrator at the time of such his death, refusal, neglect, or disability as aforesaid.

11. Wberc more tban one arbitrator shall have hc'cn appointed, Aiipointment of

after such death, refusal, or neglect appoint another umpire in his place, and the decision of every such umpire upon the m atters so referred to him shall be final.

such arbitrators sball, before they enter upon the matters referred to ““'P'™-

them, nominate and appoint in Avriting under their hands an umpire,

to decide any m atters on Avhich they shall differ, or Avhich shall be

referred to them under the proAusions of this Act, and if such umpire

shall die, or refuse, or for seven days neglect to act after being called

12. If in eitber of tbe cases aforesaid tbe arbitrators shrill Neglect to appoint

refuse, or for sevt'u days after request of eitlun- party to such arbitrators

neglect to aj))K)int an umpire, it shall bo lawful for the Attorney- '

General for the time being, on the application of cither party to such - • ' ■ • ■

................ . arbitratioji

20 55« VIC. 1892.

Rutland 'Fliix\Tramway.

arbitration to appoint an umpire, and the decision of sucb umpire on the matters on ‘wliicli the arbitrators differ or Avliich shall he referred to him under this Act shall he linal.

In c<asc of disability

of single arbitrator. 13. If, Avhen a single arbitrator shall liaA’e been appointed, such arbitrator shall die or become incapable, or shall refuse, or for fourteen days neglect to act before he shall have made his award, the matters referred to him shall be determined by arbitration under the provisions of this Act, in the same manner as if such arbitrator had not been appointed.

Arbitrators failing tD	14.	If, Avhen more than one arbitrator shall have been appointed,
make their award,

matters referred to	and Avhen neither of them shall die, become incapable, refuse, or
umpire.	neglect to act as aforesaid, such arbitrators shall fail to make their award within fourteen days after the day on which the last of such arbitrators shall have been appointed, or within such extended term (if any) as shall have been appointed for that purpose by both of such arbitrators, under their hands, the matters referred to them shall be determined by the umpire to bo appointed as aforesaid.
Arbitrators may
order production of	15. The said arbitrator or arbitrators, or his or their umpire, may call for the production of any documents in the possession or power of either party, Avhich they or he may think necessary for deter­ mining the question in dispute, and may examine the parties or their Avitnesses on oath, and administer the oaths necessary for that purpose.
documents, &c.
Declaration by
arbitrators or	16. Before any arbitrator or umpire shall enter upon the con­ sideration of any matter referred to him he shall, in the presence of a Justice of the Peace, make and subscribe the folloAving declaration,
umpire.
that is to say,— "

I, A.B., do solemnly and sincerely declare that I Avill faithfully and honestly and to the best of my skill and ability hear and determine the matters referred to me under the provisions of the “ Hutland Plux TraniAvay Act.”

Made and subscribed in the presence of

. C.D.

And sucb declaration shall be annexed to the aAA’ard when made, and if any arbitrator or umpire having made such declaration shall wilfully act contrary thereto he shall be guilty of a misdemeanour.

Cost of arbitration,

Low to be borne. 17. All the costs of any such arbitration and incident thereto shall be in the discretion of the arbitrators, and the costs of the arbitrators shall be borne by the parties in equal proportions, unless the amount awarded shall be one-fourth or more less tlian the amount Avhich shall have been offered by the said Eobert StcAvart, his heirs, executors, administrators, and assigns, in which case the whole costs of the arbitration, and also the costs of and incident to the said arbi-

Costs w.as be taicci. ti'ation, sliall bc paid by the c laim ant: Ih’OA’ided that, if either party

shall be dissatisfied Avith the costs alloAved by the said arbitrators as aforesaid, the costs may b e lax ed by the Prothonotary, or other proper officer of the Suprmne Court, and the am ount alloAAnd by such officer shall be the amount of costs to be paid.

Arbitrators or

lunpiro to cleliTor 18. The arbitrator, arbitrators, or umpire shall deliver their or

award to Robert his award in Avriting to the said Eobert Stewart, his heirs, executors,

Stevvart, Lis heirs,	executors, ndiuinisadministrators, and assigns, who shall retain the same, and shall forth-
trators, and assigns, witli. O il (lemaiul, at tlieir oAvu cxponse, furnish a copy thereof to the

other party, and shall at all times, on demand, produce the said aivard,

Coinponsation to be and alloAv the same to be inspected or examined by such party or any

daj'lrtterpubiioation pei’sou appointed by him for tha t purpose, and the am ount aivarded

of‘award. shall 1)0 paid Avithin sixty days after the publication of the aAvard.

r n a d T submissioii to aiiy such arbitration may be made a rule

Supreine Court. of tlic Supreiiic Coui't Oil tlio application of either of the parties.

Award not to be set 20. Xo awai'd made with respect to any question referred to aside for irregularity. p]3i^^,ation uiidei' tlic provisious of tMs Act shall be set aside for

irregularity or error in matter of form. 21.

1892.   55° VIC.

Hutland Flux Tramioay.

21. The said Eohert Stewart, his heirs, executors, administrators. Compensation in

and assigns shall make compensation and satisfaction, to he ascertained	negligence,
and recovered in case of difference in the manner hereby proAuded, for temporary, permanent, or recurring injury, and all other damage, loss,
costs, charges, and inconvenience Avhich may in anywise he occasioned to the oAvners and occupiers of the lands through Avhich the said tram-
Avay shall pass hy the non-performance or negligent performance hy
the said Eohert StcAvart, his heirs, executors, administrators, and assigns of any of the m atters or things hereby required or authorised to he performed hy them.

22. In every case AAdiere the said Eohert SteAvart, his heirs. Compensation in

executors, administrators, and assigns shall take temporary possession poTses°Ln’"̂ °™’'̂

of lands hy virtue of the poAvers hereby granted, it shall he incumbent

on him or them, Avithin three months after entry upon such land, upon being required so to do, to pay to the occupier of said lands the value of any crop or dressing that may he thereon, and damaged or injured hy such entry, as Avell as full compensation for any other damage of a temporary nature Avhich he may sustain hy reason of such entry, and shall also from time to time during their occupation of the said lands pay half-yearly to such occupier, or to the OAvner of the lands, as the case may require, a rent, to he fixed hy tAvo Justices in case the parties differ; and shall also, AAnthin tAveEe months after such entry, pay to such owners and occupiers, or deposit in the hank for the benefit of all parties interested, as the case may require, compensation for all permanent or other loss, damage, or injury that may have been sustained hy them hy reason of the exercise as regards the said lands of the poAvers hereby granted, including the full value of all clay, stone, graA'cl, sand, and other things taken from such lands.

23. If the OAvner of any lands required to ho taken for the con- Proceedings in

struction of the said traniAvay is absent from the Colony, or cannot upon	o"’!!®!--
diligent inquiry he found, or is under disability, or if any such lands
are Ansted in persons aaT io have respectively only limited or qualified interests therein, and who cannot enter into binding agreements Avith the said Eohert StcAvart, his heirs, executors, administrators, and assigns for the purchase of such lands, or join in subm itting their claims for com­ pensation to arbitration as hereinbefore provided, the purchase money or comjAensation payable hy the said Eohert Stewart, his heirs, executors, administrators, and assigns, in respect of such lands shall he determined hy the valuation of a surveyor, to he nominated as hereinafter mentioned.

24.    Upon application hy the said Eohert SteAvart,his heirs, cxecu- Justices to appoint

tors, administrators, and assigns to tAVO Justices, and upon such proof as may he satisfactory to them th a t there is no person in the Colony or to he found Avho can enter into a binding contract Avith the said Eohert StcAvart, his heirs, executors, administrators, and assigns, or join AAuth the said E ohert StcAAnrt, his heirs, executors, administrators, and assigns in subm itting his claims for compensation to arbitration in respect of any lands required to ho taken for the construction of the said traniAvay, such elusticcs shall hy AA riting under their hands nominate a licensed surveyor for determining such compensation as aforesaid, and such sur- A'eyor shall determine the same accordingly, and shall annex to his valua­ tion a declaration in Avriting subscribed hy him of the correctness thereof.

2.5. Before such surveyor shall enter upon the duty of making Declaration by

such valuation as aforesaid he shall in the presence of such Justices or one of them make and subscribe the folloAving declaration at the foot of such nomination, th a t is to say :—

I, A.B., do solemnly and sincerely declare that I Avill faithfully, impartially, and honestly, according to the best of my skill and ability, execute the duty of making the A-aluation hereby referred to me.

Made and subscribed in the presence of	A.	B.
And

55*̂ VIC. 1892.

Hutland Flux Tramiomj.

And if any sucli surveyor shall corruptly make such declaration, or having made such declaration shall wilfully act contrary thereto, he shall be guilty of a misdemeanour.

Production of	20. Tlic said nomination and declaration shall he annexed to the valuation to he madehy snch surveyor, and shall be preserved together therewith hy the said llohert StcAvart, his heirs, executors, adminis­ trators, and assigns ; and they sliall at all times produce the said valuation and documents on demand to all parties interested in the lands comprised in snch valuation.
valuation, etc.

Cost of Taluation 27. All the expenses of and incident to any snch valuation shall

Iiow borne.

he borne hy the said llohert Stewart, his heirs, executors, adminis­

trators, and assigns.

Compensation not

exceeding £50 liow

28. If the amount of comjiensation determined hy any such surveyor does not exceed the sum of fifty pounds, it shall, except in the cases wliei’c the owner is absent from the Colony, or cannot be found, he paid hy tbe said llohert Stewart, his heirs, executors, adminis­ trators, and assigns to the person or persons for the time being entitled to the rents and profits of lands in respect whereof the same shall he payable for their own use and henefit, or in the case of the coverture, infancy, idiotcy, lunacy, or otlier incapacity of any such persons, then such money shall he paid for their use to their respective liushands, guardians, committees, or trustees of snch persons.

to be dealt witli.

Compensation liow

29. If the amount of compensation determined hy any such surveyor as aforesaid exceeds the sum of fifty pounds, or in the cases where the owner is absent from the Colony, or cannot he found, whether it exceeds the sum of fifty pounds or not, it shall he paid hy the said llohert Stewart, his heirs, executors, administrators, and assigns into tlic hands of the Master in Equity of the Supreme Court in tlic matter of this Act, in trust for the parties interested in the lands in respect of Avhich it is paid in ; and a certificate from the Master of the fact of the money being so paid in shall be a sufficient discharge to the said llohert Stewart, his lieirs, executors, administrators, and assigns, for the money so paid : Provided that all moneys so paid in shall he dealt with hy the Supreme Court in the same manner in all respects as moneys paid in under an Act passed in the twenty-first year of Her present Majesty, and entitled “ A n A ct fo r better securing Trust Funds, and for the relief o f Trustees.” And shall be suliject, in all respects, to the provisions of the said Act, and all rules of the said Court made tliereuiider.

dealt with in absence

of owner.

Cases of dispute

30. If in any case in which, according to the provisions of the Princi]ial Act or of this Act, the said llohert Stewart, his heirs, executors, administrators, and assigns is authorized to enter upon and take possession of any lands required for the purposes of the said traiUAvay, the owner or occupier of any such lands, or any other person, shall rc'fnsc to give up possession thereof, or hinder the said llohert Stewart, his heirs, executors, administrators, and assigns from entering upon or taking possession of the same, it shall he lawful for the said llohert Stewart, his heirs, executors, administrators, and assigns to issue his or their Avarrant to the Sheriff to deliver possession of the same to tlic persons appointed hy the said Piohert StcAvart, Ids heirs, executors, administrators, and assigns in such Avarrant to receive the same, and irpon receipt of snch Avairant the Sherilf sliall deliver possession of any such lands accordingly, and the costs accruing hy reason of the issuing and execution of such Avarrant to he settled hy the Sherilf shall he paid liy the party so refusing to giAW possession, and the amount of such costs sliall lie deducted and retained hy the said llohert StcAA'art, Ids lieirs, executors, administrators, and assigns from the compensation, if any, then payable to siudi person refusing to give possession, or if no such compensation shad he payable to snch

ShorilV may issue

warrant.

person,

1892.   55« V]:c.

Rutland Flux Tramway.

person, or if tlic same be less than the amount of such costs, then such costs, or the excess thereof beyond the amount of such com^^ensation, if not paid on demand, shall he levied hy distress, and upon applica­ tion to any Justice of the Peace for that purpose he shall issue his warrant accordingly.

31. All notices rc(|uired to he served hy the said Eohert Stewart, Sei-vicc of notieo on

his heirs, executors, administrators, and assigns upon the parties interested in or entitled to sell any such lands sliall cither he served personally on such jiarties or left at their last usual place of abode (if any such can after diligent inquiry he found), and in case any such ]iartics shall ho absent from the Colony, or cannot he found after diligent inquiry, shall ho left with tlic occupier of such lands, or if there ho no such occupier shall he affixed upon some conspicuous part of such lands.

32. At any time the Governor, with the advice of the Executive Power of purciiaso

Council, may, if he think fit, purchase such tramway, upon giving to aoTcrmncnL

the said Eohert Stewart, his heirs, executors, administrators, and

assigns, three months’ notice, in writing, of his intention to do so. If

the amount tendered for the purchase of the property be considered

inadequate hy the said Eohert Stewart, his heirs, executors, adminis­

trators, and assigns, the amounts shall he ascertained by assessment

in terms of the “ Public Lands Acquisition Act.”

33. I t shall he laAvful for the said Eohert Stewart, his heirs. Power to assign,

executors, administrators, and assigns at any time, hy any deed or instrument in Avriting, to assign and transfer all the rights, poA ers, privileges, benefits, and adA untages conferred upon him or them hy this Act to any person or persons or to any duly incorporated company, and upon any such transfer or assignment being signed or executed the person or persons or duly incorporated company in Avhosc fa our such transfer or assignment is made shall then stand in the place of the said Eohert SteAvart, his heirs, executors, administrators, and assigns, and shall have all the rights, powers, benefits, privileges, and advantages conferred iqion the said Eohert StcA art, Ids heirs, executors,

administrators, and assigns by this Act. .

31. The sakl Eohert Stewart, Ids heirs, executors, administrators, Commencomont and

and assigns shall not he entitled to any of the rights and privileges of woik.

conferri'd upon them hv this Act unless they shall have commenced J . t, V

the said traniAvay Avithin the period of six months, and completed the

same Avilhin tlie period of two years from the passing of this Act.

35. This Act may for all purposes he cited as the “ E utland suort title.

Elux TramAvay Act of 1891.”

SCHEDULE.

Coininciicing on tlie Silverton Tramway, at about tlio tliirty-four miles twenty cliain iicg ; and tlicncc norlh-westcrly about one lumdred and five chains ; thence north­ easterly about one lumdred and twenty-two chain.s thirty-five links; thence nortli- westerly about one hundred and fifty-seven chains, passing through measured portion numlier thirt}^ parish of Hai’adin, county of Yancowinna ; thence north-easterly^ about four hundred and tilty-live chains, passing through measured jiortions numbered forty- nine and sixty-four, parish of Yaradiii aforesaid ; thence north-westerly about throe hundred and eighty chains, jiassing through measured portions numbered one hundred and eighteen and two hundred and sixty-sixg parish of Stephen, county of Yancowinna ; thence northerly about forty-live chains, passing through measured portions numbered two hundred and seven and forty'-six, parish of Lends, in the county aforesaid ; thence westerly about twenty-five chains, passing through measured portions numbered two hundred and twenty and fifty, parish of Lends aforesaid; thence north-westerly about seven hundred and forty chains, passing through measured portion numbered two hundred and ninety, parish of Lewis aforesaid, and measured portion two hundred and forty-seven, parish of Purnamoota and county aforesaid, and measured portions numbered seventy-five and seventy-six, reserve numbered nine thousand three hundred

and

55̂ ̂YIC. 1892.

Saint John's College Relieving and Enabling.

iind tliirty-six, uioastiroiJ jinrtions iiQinlierod ciglity-foni', two limiclred and thirteen, one hnndi'cd and tlirec. one hundred and four, and two hundred and two, parish of ]{obe and eonnty aforesaid; thence easforlv ahoiit sixtt chains to the western boundary of liie dfutland r in x Company's mineral lease, heine rae.asiired ]Kndion nuinhercd one hnndrod and ei"ht ; thence throufrh tlie s.aid Company’s mineral leases, bcitip measured jMrtious nnmbcrcd one lumdred and ten, one hundred and eleven, and llfty-nine, parish of Hobe, emintv of Vancowinna aforesaid,—a total distance <if about ta'cntv-six miles ten chains.