Simpson's Railway Act of 1893 (NSW)

An Act to authorise the construction of an extension of the Railway commonly known as the jRosehill Railway, in three sections, from a point about nine chains seventy- five links from the northern end of the Rosehill Station Platform, crossing- the Parramatta River, traversing the Districts of Rydalmere, Pennant Hills, Dundas, and Castle Hill , and terminating* at Dural. [13th June, 1893.]

WH E R E A S of N e w S o u t h W a l e s , c iv i l e n g i n e e r , b e i n g t h e p r e s e n t p r o ­

B e n j a m i n C r i s p i n S i m p s o n , of S y d n e y , i n t h e C o l o n y

t h e r e o f

p r i e t o r of t h e r a i l w a y f r o m C l y d e S t a t i o n t o t h e P a r r a m a t t a R i v e r ,

k n o w n a s t h e R o s e h i l l R a i l w a y , is d e s i r o u s of c o n s t r u c t i n g a n

e x t e n s i o n of s u c h r a i l w a y i n t h r e e s e c t i o n s f r o m a p o i n t a b o u t n i n e

c h a i n s s e v e n t y - f i v e l i n k s f r o m t h e n o r t h e r n e n d of t h e R o s e h i l l S t a t i o n

P l a t f o r m ; t h e n c r o s s i n g t h e P a r r a m a t t a R i v e r ; t h e n t r a v e r s i n g t h e

d i s t r i c t s of R y d a l m e r e , P e n n a n t H i l l s t o a p o i n t n o r t h of t h e P e n n a n t

H i l l s B o a d , b e i n g t h r e e m i l e s t w e n t y - e i g h t c h a i n s f r o m t h e s t a r t i n g

p o i n t , a n d b e i n g t h e first s e c t i o n of t h e s a i d e x t e n s i o n ; t h e n c e

t r a v e r s i n g D u n d a s a n d C a s t l e H i l l t o a p o i n t i n t h e d i s t r i c t of C a s t l e

H i l l five m i l e s t w e n t y - f o u r c h a i n s f r o m t h e e n d of t h e first s e c t i o n ,

b e i n g t h e s e c o n d s e c t i o n of t h e s a id e x t e n s i o n ; t h e n c e t o a f u r t h e r p o i n t

i n t h e d i s t r i c t of D u r a l t h r e e m i l e s f o r t y - o n e c h a i n s o r t h e r e a b o u t s

f r o m t h e t e r m i n a t i o n of t h e s e c o n d s e c t i o n , b e i n g t h e t h i r d s e c t i o n

of t h e s a id e x t e n s i o n , s u c h r a i l w a y t o r u n t h r o u g h c e r t a i n p r i v a t e l a n d s

a n d c e r t a i n s t r e e t s d e s c r i b e d i n t h e S c h e d u l e a n n e x e d h e r e t o . A n d

w h e r e a s	i t	is	d e s i r e d	t o	c o n s t r u c t	s u c h	r a i l w a y	e x t e n s i o n	fo r	t h e
p u r p o s e	of	m a k i n g	t h e	R o s e h i l l	R a i l w a y	of	g r e a t e r	u s e , a n d	f o r	t h e

f u r t h e r p u r p o s e of o p e n i n g u p a m o s t f e r t i l e a n d v a l u a b l e d i s t r i c t n o w

w i t h o u t r a i l w a y fac i l i t i e s , a n d of g i v i n g b e t t e r acces s t o t h e i n h a b i t a n t s

t h e r e o f a n d t h e p u b l i c g e n e r a l l y t o S y d n e y a n d s u r r o u n d i n g c o u n t r y :

A n d w h e r e a s t h e i n c r e a s e d f a c i l i t i e s of c o m m u n i c a t i o n a n d traffic

w h i c h	w o u l d	r e s u l t	f r o m	t h e	c o n s t r u c t i o n	of	t h e	sa id	p r o p o s e d	r a i l w a y
e x t e n s i o n	w o u l d	h e	fo r	t h e	p u b l i c	c o n v e n i e n c e	a n d	b e n e f i t .	A n d	i t

is	d e s i r a b l e	t o	a u t h o r i s e	b y	L e g i s l a t i v e	e n a c t m e n t	t h e	c o n s t r u c t i o n	a n d
m a i n t e n a n c e	of	t h e	sa id	p r o p o s e d	r a i l w a y	e x t e n s i o n	s u b j e c t	t o	t h e
p r o v i s i o n s	h e r e i n a f t e r	c o n t a i n e d	:	B e	i t	t h e r e f o r e	e n a c t e d	b y	t h e

Q u e e n ' s M o s t E x c e l l e n t M a j e s t y , b y a n d w i t h t h e a d v i c e a n d c o n s e n t

of t h e L e g i s l a t i v e C o u n c i l a n d L e g i s l a t i v e A s s e m b l y of N e w S o u t h

W a l e s	i n	P a r l i a m e n t	a s s e m b l e d ,	a n d	b y	t h e	a u t h o r i t y	of	t h e	s a m e ,	as
fo l lows	: —

1. I t s h a l l b e l a w f u l fo r t h e s a i d B e n j a m i n C r i s p i n S i m p s o n ,

h i s h e i r s , e x e c u t o r s , a d m i n i s t r a t o r s , o r a s s i g n s , u p o n t h e t e r m s a n d

c o n d i t i o n s , a n d s u b j e c t t o t h e p r o v i s i o n s h e r e i n a f t e r c o n t a i n e d , to

m a k e a n d c o n s t r u c t a r a i l w a y i n e x t e n s i o n of t h e p r e s e n t R o s e h i l l

R a i l w a y	for	c o n v e y i n g	p a s s e n g e r s	a n d	t h e i r	l u g g a g e ,	a n d	o t h e r	g o o d s
a n d	m e r c h a n d i s e	f r o m	a	p o i n t	a b o u t	n i n e	c h a i n s	s e v e n t y - f i v e	l i n k s

f r o m t h e n o r t h e n d of t h e R o s e h i l l S t a t i o n P l a t f o r m ; t h e n c e b y t h e

l i n e s d e s c r i b e d i n t h e f i rs t p a r t of t h e S c h e d u l e t o t h i s A c t t o a p o i n t

n o r t h of t h e P e n n a n t H i l l s R o a d , d i s t a n t t h r e e m i l e s t w e n t y - e i g h t

c h a i n s f r o m t h e s t a r t i n g p o i n t , a n d b e i n g t h e f i rs t s e c t i o n of t h e s a id

e x t e n s i o n .	A n d	u p o n	t h e	c o m p l e t i o n	of	t h e	s a id	f i rs t	s e c t i o n	t o	c o n ­
t i n u e	t h e	sa id	r a i l w a y	b y t h e	l i n e s	d e s c r i b e d	i n t h e	s e c o n d	p a r t	of	t h e

S c h e d u l e t o t h i s A c t t o a p o i n t i n t h e d i s t r i c t of C a s t l e H i l l , d i s t a n t

five m i l e s t w e n t y - f o u r c h a i n s f r o m t h e t e r m i n a t i o n of t h e sa id first

s e c t i o n ,	a n d	b e i n g	t h e	s e c o n d	s e c t i o n	of	t h e	s a id	e x t e n s i o n .	A n d	u p o n
t h e	c o m p l e t i o n	of	t h e	sa id	s e c o n d	s e c t i o n	t o c o n t i n u e	t h e	sa id	r a i l w a y	b y

t h e l i n e s d e s c r i b e d i n t h e t h i r d p a r t of t h e S c h e d u l e t o t h i s A c t t o a

p o i n t in t h e d i s t r i c t of D u r a l , d i s t a n t t h r e e m i l e s f o r t y - o n e c h a i n s o r

t h e r e a b o u t s f r o m t h e t e r m i n a t i o n of t h e s e c o n d s e c t i o n , a n d b e i n g

t h e

t h i r d

s e c t i o n

of

t h e

sa id

e x t e n s i o n ,

a n d

t o

u s e

so

m u c h

of

t h e

s t r e e t s

a n d

t a k e

a n d

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so

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of

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sa id S c h e d u l e , a s m a y h e n e c e s s a r y fo r t h e p u r p o s e s of s u c h r a i l w a y :

P r o v i d e d t h a t t h e f i rs t s e c t i o n of t h e s a id r a i l w a y s h a l l b e c o m p l e t e l y

c o n s t r u c t e d b e t w e e n t h e p o i n t s a b o v e i n d i c a t e d a n d b r o u g h t i n t o u s e

w i t h i n t h r e e y e a r s , a n d t h a t t h e w h o l e of t h e s a id r a i l w a y s h a l l b e

c o m p l e t e l y c o n s t r u c t e d a n d b r o u g h t i n t o u s e w i t h i n five y e a r s f r o m

t h e p a s s i n g of t h i s A c t . A n d t h e sa id r a i l w a y s h a l l b e c o n s t r u c t e d i n

a p r o p e r i n - C h i e f a n d w o r k m a n l i k e m a n n e r , t o t h e s a t i s f a c t i o n of t h e E n g i n e e r -

for R a i l w a y C o n s t r u c t i o n : P r o v i d e d f u r t h e r t h a t t h e s a i d

B e n j a m i n C r i s p i n S i m p s o n s h a l l w i t h i n f o u r m o n t h s f r o m t h e p a s s i n g

of t h i s A c t , l o d g e t h e s u m of t h r e e t h o u s a n d p o u n d s w i t h t h e C o l o n i a l

T r e a s u r e r , a n d w i t h i n t w e l v e m o n t h s f r o m t h e p a s s i n g of t h i s A c t ,

e x p e n d	a t	l e a s t	t e n	t h o u s a n d	p o u n d s	i n	t h e	a c t u a l	w o r k	of	c o n s t r u c t i o n
t o	t h e	s a t i s f a c t i o n	of t h e	M i n i s t e r .	I n	t h e	e v e n t	of	t h e	l a t t e r	s u m

b e i n g e x p e n d e d a s p r o v i d e d , t h e n t h e sa id s u m of t h r e e t h o u s a n d p o u n d s

s h a l l be r e t u r n e d , b u t i n d e f a u l t of t h e e x p e n d i t u r e of t e n t h o u s a n d

p o u n d s ,	t h e n	t h e	sa id	t h r e e	t h o u s a n d	p o u n d s	s h a l l	b e	fo r f e i t ed	a n d
b e c o m e	p a r t	of	t h e	C o n s o l i d e d	R e v e n u e ,	a n d	a l l	r i g h t s	a n d	p r i v i l e g e s

g r a n t e d u n d e r t h i s A c t s h a l l c e a s e .

2 . I t s h a l l b e l a w f u l for t h e s a id B e n j a m i n C r i s p i n S i m p s o n ,

h i s h e i r s , e x e c u t o r s , a d m i n i s t r a t o r s , o r a s s i g n s , a n d a l l p e r s o n s a c t i n g

u n d e r h i m , t h e m , o r a n y of t h e m t o e n t e r i n t o a n d u p o n t h e s t r e e t s o r

l a n d s h e r e i n b e f o r e r e f e r r e d t o , o r a n y l a n d s a d j o i n i n g or c o n t i g u o u s

t h e r e t o , a n d t o s u r v e y , t a k e l eve l s , a n d s t a k e o r s e t o u t t h e s a m e f o r t h e

p u r p o s e of l a y i n g o u t t h e s a id r a i l w a y e x t e n s i o n a n d a l l o t h e r w o r k s

c o n n e c t e d t h e r e w i t h , a n d s h a l l h a v e a l l s u c h o t h e r r i g h t s a n d p r i v i l e g e s

a s a r e m a i n t e n a n c e r e q u i r e d o r n e c e s s a r y for t h e c o n s t r u c t i o n , r e p a i r , c o m p l e t i o n ,

a n d u s e of t h e s a i d r a i l w a y .

3. The gauge of the said ra i lway extension shall he same gauge

as t h e G o v e r n m e n t Rai lways .

4. The ra i lway shall t h r o u g h o u t i ts course he laid so as to

interfere as l i t t le as possible wi th the general level of t h e said s t reets

and lands , and t h r o u g h o u t t h e whole ex ten t of t h e said extension shal l he laid w i th rails subject to t he approva l of t h e Rai lway Commissioners.

5. "Where t he ra i lway extens ion shall cross any publ ic h ighway ,

parish road on a level, t he said Ben jamin Crispin Simpson, his heirs , executors , adminis t ra tors , or assigns shall erect, and at all t imes ma in ta in , good and sufficient gates across such road on each side of t h e ra i lway where the same shall communica t e therewi th , and shall employ proper persons to open a n d s h u t such gates, and such gates shal l he k e p t cons tan t ly closed across such roads on both sides of t h e ra i lway except du r ing the t ime w h e n horses, cat t le , car ts , or carr iages passing a long the same shall have to cross such rai lway, and such gates shal l be of such dimensions and so const ructed as, w h e n closed, to fence in t h e ra i lway a n d preven t ca t t le or horses passing a long the road from en te r ing upon the ra i lway, and t h e persons en t rus ted wi th t h e care of such gates shal l cause t h e same to be closed as soon as such horses, ca t t le , carts , or carr iages shal l have passed t h r o u g h the same unde r

a pena l ty of forty shill ings for every defaul t there in : Prov ided

always t h a t it shal l be lawful for t h e Secretary for Pub l i c W o r k s or Ra i lway Commissioners in any case in which they shall he satis­ fied t h a t it will he more conducive to t h e publ ic safety t h a t t h e gates on any level crossing oA'er any such road shall he kep t closed across t he ra i lway to order t h a t such gates shal l he kep t so closed instead of across t he road. A n d in such case such gates shall lie k e p t cons tant ly closed across t h e ra i lway except w h e n engines or carr iages pass ing a long the rai lway shall have occasion to cross such road in the same m a n n e r and u n d e r t h e l ike pena l ty as above directed wi th respect to t he gates be ing kep t closed across the road. A n d fur ther provided t h a t t he construct ion of all road crossings whe the r on t he level, overhead, or suhwav shal l be subject to t he provisions of

t he " Puh l ic W o r k s Ac t of 1888!"

6. The said ra i lway extension shal l he open to pub l i c use upon

p a y m e n t of the tolls or charges folloAAring, t h a t is to say :—

F o r passengers , a s u m not exceeding twopence per head per mile . P o r goods and merchandise , r a tes and o ther charges not exceeding

those charged on the Governmen t ra i lways :

Provided t h a t t h e said tolls or charges m a y be increased wi th t he
approval of t h e Ra i lway	Commissioners.
7. The said Ben jamin Crispin Simpson, his heirs , executors , and adminis t ra tors , and assigns shal l make , a n d a t all t imes	thereaf ter

ma in t a in for the accommodat ion of t h e owners a n d occupiers of lands adjoining the said rai lway, such and so m a n y convenient gates , bridges, arches , cu lver t s , and passages over, under , or by t he sides of, or lead ing to or from t h e ra i lway extens ion as shall be necessary for t h e purpose of m a k i n g good a n y in te r rup t ions caused b y tin; ra i lway to t h e use of t h e lands t h r o u g h which t h e ra i lway extens ion shall be made , and such works shall be made fo r thwi th after t h e p a r t of t h e rai lway passing over such lands shall have been laid out or formed, or du r ing the formation thereof. Sufficient posts, rails, hedges, di tches, mounds , or other fences for sejiarating the land t aken for t h e use of t h e ra i lway extension from the adjoining lands not t aken and pro tec t ing such lands from trespass or t h e horses or ca t t le of t h e owners or occupiers thereof from s t raying thereout by reason of t he railway, toge ther w i th all necessary gates made to open towards such adjoining lands and not towards the rai lway, and all necessary stiles, and such posts, rails, and o ther fences shall be made forthwith after t he t ak ing of anv such lands,

if

if t he owners thereof shal l so requ i re , and the said o ther works as soon as convenient ly m a y he . Also all necessary arches , t unne l s , culver ts , drains , or other passages ei ther over or unde r or hy t h e sides of t h e rai lway of such dimensions as will he sufficient a t all t imes to convey t h e water as clearly f rom the lands ly ing near or affected hy the ra i lway as before t h e m a k i n g of t h e ra i lway or as near ly so as m a y he , and such works shal l he m a d e from t ime to t ime as t he ra i lway works p roceed : 1 Provided a lways t h a t t he said Ben jamin Crispin Simpson,

his heirs , executors , adminis t ra tors , or assigns shall no t he requi red	to
m a k e such accommodat ion works in such a m a n n e r as would	p reven t

or obs t ruct t h e work ing or us ing of t h e ra i lway, nor to m a k e any accommodat ion works wi th respect to which the owners or occupiers of t he lands shall have agreed to receive and shal l have been paid

compensat ion instead of m a k i n g t h e m .

8. I f any person omit to shu t and fasten any gate set u p a t e i ther side of t h e ra i lway for t h e accommodat ion of t he owners or occupiers of t he adjoining lands so soon as h e and t h e carriages, ca t t le , or o ther an imals unde r his care have passed t h r o u g h t h e same, he shall forfeit for every such offence any s u m no t exceeding ten pounds .

0. W h e n t h e said ra i lway crosses any road on the level, t h e said Ben jamin Crispin Simpson, his heirs, executors , adminis t ra tors , and assigns shal l ma in t a in in 2>erfcct order and repair t h e said ra i lway a n d t h e meta l l ing or roadway be tween t h e rails thereof a n d to t h e boundary fence on e i ther side.
10. T h e said Ben jamin Crispin Simpson, his heirs , executors , adminis t ra tors , and assigns shal l in t h e exercise of t h e powers conferred u p o n h i m or t h e m by th is Act do as l i t t le damage as possible and immedia te ly repair and m a k e good a n y d a m a g e which m a y du r ing or by reason of t h e const ruct ion of t h e said ra i lway be occasioned to any sewer or drain, or gas or wate r -main , or o ther proper ty , and shal l also repai r and m a k e good al l damages which m a y be occasioned by the work ing of t he said ra i lway.

1 1 . I t shall be lawful for t h e said Ben jamin Crispin Simpson,

his heirs, executors , adminis t ra tors , and assigns, subject as aforesaid, to provide, use, and employ locomotive engines or o ther motivb power, and carriages and waggons to be d r a w n or propel led thereby, a n d to ca r ry and convey upon the said ra i lway extens ion all such passengers and goods as shal l be offered for t h a t purpose, a n d to charge t h e tolls a n d charges in respect thereof as above specified : Prov ided t h a t all

rol l ing stock before and du r ing use shall be subject to t h e approval of

t h e Ra i lway Commissioners .

12. The Rai lway Commissioners shall a t all t imes hereafter ,

upon forty-eight hours ' not ice in wr i t ing to the said Ben jamin Crispin

Simpson, his he i rs , executors , adminis t ra tors , and assigns, h a v e t he

r igh t to r u n such locomotives, carriages, and t rucks , w h e t h e r loaded or unloaded, on and along t h e said ra i lway extension, a n d for such period or periods or a t such t ime or t imes as t he said Rai lway Com­ missioners shall in t he said notice specify : Provided a lways t h a t the said Rai lway Commissioners shall no t seriously interfere w i th t h e ord inary traffic of t he said rai lway extension, nor deprive the publ ic of t h e use thereof, and shall pay to t he said Benjamin Crispin Simpson, his heirs , executors , adminis t ra tors , or assigns such ra tes or tolls for t h e exercise of such r igh t as aforesaid as m a y be agreed upon be tween the said Ra i lway Commissioners and t h e said Ben jamin Crispin Simpson, his heirs, executors , adminis t ra tors , or assigns, a n d in case of disagree­ m e n t such ra tes or tolls shall be referred to arb i t ra t ion in t he m a n n e r

hereinafter provided respect ing quest ions of compensat ion.

13 . The Ra i lway Commissioners may , from t ime to t ime,

appoint any person for t he purpose of inspec t ing t h e condition of the

said

said ra i lway, and of m a k i n g any inqu i ry they shal l deem necessary

wi th respect there to , or in to the cause of a n y acc ident to a n y rol l ing stock of t h e said Commissioners r u n n i n g u p o n the said ra i lway, and every such person appointed as aforesaid shal l have t he power to enter upon and inspect t he said ra i lway extension : Provided t h a t no person so appoin ted shal l interfere wi th t h e ord inary traffic of the said ra i lway extension, no r depr ive t h e said Ben jamin Crispin Simpson, his heirs , executors , adminis t ra tors , or assigns, or t h e publ ic of t he use thereof.

14. N o t h i n g in th i s A c t conta ined shal l ex t end to charge or

m a k e liable the said B e n j a m i n Crispin Simpson, his heirs, executors ,

adminis t ra tors , and assigns, fu r ther , or in a n y other case t h a n where; accord ing to t he laws of th is Colony, s tage-coach propr ie tors and common carr iers would be liable, nor shall ex tend in any degree to deprive t h e said Benjamin Crispin Simpson, his heirs , executors , adminis t ra tors , a n d assigns of any protec t ion or pr ivi lege which common carr iers or s tage-coach propr ie tors m a y be ent i t led to, b u t on t h e cont rary , t he said Benjamin Crispin Simpson, his heirs , executors , adminis t ra tors , a n d assigns shall a t all t imes be ent i t led to t he benefit of every such pi 'oteetion a n d pr ivi lege.

15. The tolls shall be paid to such persons a n d a t such places u p o n or near to t he rai lway, and in such m a n n e r and unde r such regu­ lat ions as t h e said Benjamin Crispin Simpson, his heirs, executors , adminis t ra tors , or assigns shall appoint , subject to ajqiroval of t he

Hai l way Commissioners.

16 . I t shall be lawful for t he said Ben jamin Crispin Simpson,

his heirs , executors , adminis t ra tors , or assigns from t ime to t ime,

subject to t h e approval of t he E a i l w a y Commissioners, and subject to t he provisions and restr ict ions in th is Act conta ined to m a k e by-laws for t he following purposes, t h a t is to say :—

F o r r egu la t i ng t he t imes of t h e arr ival and depar ture of t h e

carriages a n d t ra ins and the n u m b e r of persons	to be carried
there in .

F o r r egu la t i ng t he loading or un load ing of carr iages.

F o r p reven t ing t h e smoking of tobacco and the commission of any

nuisance in or upon such carr iages or any of t h e ra i lway

s tat ions, wai t ing-rooms, or premises.

A n d	general ly for issuing t icke ts r egu la t i ng t h e t ravel l ing upon and work ing t h e said rai lway extension or any section thereof, and for t h e ma in t enance of good order, and for r egu l a t i ng the
conduct of t he ra i lway officers and servants , and for provid ing
for t he due m a n a g e m e n t of t h e said ra i lway extension or any
section thereof, and t h e pro tec t ion thereof, and the carr iages and wai t ing-rooms, offices, and premises from t respass and in ju ry .

B u t no such by- law shall author ise t h e closing of t he said ra i lway extens ion or anv section thereof between sunr ise and sunset, except a t any t ime when, in consequence of any of t he works be ing out of repair or from any other sufficient cause, i t shal l be necessary to close t h e said rai lway extension or any section thereof : Provided t h a t such by-laws be no t r e p u g n a n t to t h e laws of t he Colony or to t he provisions of th i s A c t ; and a copy of such by-krws shall be given to every officer and servant of t he said Ben jamin Crispin Simpson, his heirs , executors , adminis t ra tors , or assigns employed on t h e said rai lway extension or any section thereof, or affected by such by-laws, and such by-laws shall specify penal t ies which shall in no case exceed the s u m of t en pounds : Provided always t h a t t he said Ben jamin Crispin Simpson, his heirs , executors , adminis t ra tors , or assigns, or his or thei r employees

or

or servants shall, w h e n us ing or w h e n upon t h e premises of the said rai lway extens ion or any section thereof, be l iable and subject to t h e Governmen t rai lway by-laws.

17. The product ion of a copy of the N e w South Wales Government

Gazette conta in ing such by- laws shal l be sufficient evidence of such

by-laws in all proceedings unde r t he same.

18.    Before proceeding wi th t h e const ruct ion of t h e said ra i lway

extension or any section thereof, t h e said Ben jamin Crispin Simpson, his heirs, executors , adminis t ra tors , or assigns shal l give not ice of t he lands t a k e n or requi red for t he said ra i lway to all the part ies in teres ted in tin; said land, or to such of t h e m as shall be k n o w n to t h e said Benjamin Crispin Simpson, his heirs, executors , adminis t ra tors , or assigns. E v e r y such not ice shall s ta te t h e pa r t i cu la r s of the lands so t a k e n or required as aforesaid. T h a t t h e said Benjamin Crispin Simpson, his heirs, executors , adminis t ra tors , or assigns is or are wil l ing to t reat as to t he compensat ion to be made to all par t ies for t he lands taken or to be t aken , and the d a m a g e sustained or to be sus ta ined by t h e m by the exercise of the powers conferred by the Act , and shall demand in t h e said notice from such part ies , and t h e said part ies are hereby required to deliver for thwi th to t he said Benjamin Crispin Simpson, his heirs, executors , adminis t ra tors , or assigns t h e par t icu la rs of the i r estate and interest in such lands, and of t he claims m a d e by t h e m in respect thereof, and such other par t iculars in such form as m a y be prescribed together with an abs t rac t of the i r t i t le to such land, and if they claim in respect of damage; t h e na tu re of t he damage which t hey have sustained or will sus ta in by reason of t he t ak ing of such lands .
19. Al l notices required to be served upon or given by the said Benjamin Crispin Simpson, his heirs, executors , adminis t ra tors , or assigns for t h e part ies interested in or ent i t led to sell a n y such lands shall ei ther be served personally on such par t ies or affixed in a con­ spicuous position upon the said land, and a copy of t he said notice shall be publ ished once a week for four consecutive weeks in a Sydney

newspaper and similarly in the Government Gazette.

20. If for twenty-e igh t days after t he service of such not ice the persons t h r o u g h whose lands t he rai lway shall pass or any of t h e m omit to s ta te t he par t icu lars of the i r or his c laim in respect of such land, or fail to agree as to the a m o u n t of compensat ion to be paid by t h e said Ben jamin Crispin Simpson, his heirs , executors , adminis t ra tors , or assigns for t he in teres t in t he said lands of such persons or any of

t h e m , or for any damage t h a t m a y be sus ta ined by t h e m or h im by

reason of t he execut ion of t h e works, or if a n y o ther quest ion as to compensat ion shall arise unde r this Act , t h e a m o u n t of such compen­

sation shal l be set t led by arbi t ra tors in m a n n e r hereinaf ter ment ioned,

b u t the persons or person c la iming compensat ion shal l no t be a t l iber ty to ins t i tu te any proceeding for t he recovery of t he a m o u n t of his c la im u n t i l after t he expi ra t ion of fourteen days from the delivery of t he par t iculars required by this A c t to be furnished by t h e m or h i m : Provided t h a t if no claim be made wi th in two years after personal service of such not ice as aforesaid or seven years after not ice has been affixed upon the land as hereinbefore provided by t h e pa r ty ent i t led to m a k e such claim the same shall be deemed to have been abandoned.

2 1 .    W h e n a n y quest ion of disputed compensat ion or any o ther

d ispute shall have arisen, then , unless bo th part ies shall concur in t he a p p o i n t m e n t of a single arbi t ra tor , each pa r ty on the reques t of the

other pa r ty shall nomina te and appoin t an arb i t ra tor to w h o m such

dispute or o ther m a t t e r shal l be referred, and every appo in tmen t of a n a rb i t ra tor shall be executed by such pa r ty , and such appo in tmen t shall

be

be delivered to t he arb i t ra tor or a rb i t ra tors and shall be deemed a sub­ mission to a rb i t ra t ion on t h e pa r t of t h e p a r t y by w h o m t h e same shall be made , a n d after any such appo in tmen t shal l have been m a d e ne i ther pa r ty shall have power to revoke t h e same wi thou t t h e consent of t h e

other, nor shal l t h e dea th of e i ther p a r t y operate as a revocat ion, and

t h e award of such a rb i t ra tor or a rb i t ra tors or umpi re , if appoin ted as

hereinaf ter provided, shal l be final.

22. I f after any such dispute or other m a t t e r shall have ar isen,

and after a request in wr i t ing se t t ing for th t he m a t t e r to be referred

to a rb i t ra t ion shall have been	served	by	t h e	one pa r ty	on t h e	o the r
p a r t y to appoint	an	arbi t ra tor , such	las t -ment ioned	pa r ty	fail for	a

period of four teen	days to appoint	such arbi t ra tor , t h e n u p o n	such
fai lure i t shall be lawful for the p a r t y	m a k i n g	such	request w ho has

himself appointed	an a rb i t r a to r to appoint	such arbi t ra tor	to ac t	on
behalf of both par t ies , a n d	such	a rb i t ra tor	m a y proceed to hear	and

de t e rmine t h e m a t t e r wh ich shall be in d ispute , and in such case t he

award or de te rmina t ion of such single a rb i t ra to r shall be	final	and
conclusive.

23 . If before t h e m a t t e r so referred shal l be de termined any

a rb i t ra tor appointed by ei ther pa r ty shal l die, or become incapable , or

refuse, or for four teen days neglect to ac t as a rb i t ra tor , t h e pa r ty b y

w h o m such a rb i t ra tor was appointed m a y nomina te and appoin t in wr i t ing some other person to act in his place, and if for t h e space of seven days after notice in wr i t ing in t h a t behalf from the o ther p a r t y

h e fails to do so t he r ema in ing or o ther a rb i t ra tor may proceed alone,

and every a rb i t ra tor so to be subs t i tu ted as aforesaid shall have t h e

same powers and author i t ies as were vested in the former a rb i t ra to r	a t
t he t ime of such his dea th , refusal, neglect , or disabil i ty as aforesaid.

24. W h e n more t h a n one arb i t ra tor shall have been appointed,

such arbi t ra tors shall before t hey en te r u p o n the ma t t e r s referred to

t h e m nomina t e and appoin t b y wr i t i ng u n d e r the i r hands a n u m p i r e to decide a n y m a t t e r s on which t hey shal l difi'er, or which shal l be referred to t h e m unde r t he provisions of th is Act , a n d if such u m p i r e shall die, or refuse, or for seven days neglect to act af ter be ing called upon to do so by the arbi t ra tors , t h e y shal l fo r thwi th after such death ,

refusal, or neglect appoin t ano ther u m p i r e in his place, and t h e

decision of	every such	u m p i r e on t h e ma t t e r s so referred to h i m	shall
be final.

25. If in e i ther of t h e cases aforesaid t h e a rb i t ra tor or

a rb i t ra to rs shall refuse, or for seven days after reques t of e i ther p a r t y

to such arb i t ra t ion neglect to appoin t an umpi re , i t shall be lawful for

a n y J u d g e of t he Supreme Court , on t he appl icat ion of e i ther p a r t y

to such a rb i t ra t ion , to appoint an umpi re , and t h e decision of such

ump i r e on the ma t t e r s on which the a rb i t ra tors shal l differ, or which

shal l be referred to h i m u n d e r th i s Act , shal l be final.

26. If where a single arbi t ra tor shal l have been appointed, such a rb i t ra to r shal l die, or become incapable , or shall refuse, or for fourteen days neglect to act before he shall have made his award , t h e ma t t e r s referred to h i m shal l be de te rmined b y a rb i t ra t ion unde r t h e provisions

of th is Ac t in t h e same m a n n e r	as if such a rb i t ra tor had not been
appointed .

27. I f where more t h a n one a rb i t r a to r shal l have been

appointed , e i ther of t he arb i t ra tors shal l refuse, or for fourteen days neglect to act , t he o ther a rb i t ra tor m a y proceed alone, and the decision of such o ther a rb i t ra tor shall be as effectual as if he had been a single

a rb i t r a to r appointed by bo th par t ies .

28. If where more t h a n one a rb i t ra tor shall have been appo in ted

and where ne i the r of t h e m shall refuse or neglect to act as aforesaid such arbi t ra tors shall fail to m a k e the i r award wi th in twen ty -one days

after

after t h e day on which t h e last of such arb i t ra tors shal l have been appoin ted for t h a t purpose b y b o t h of such arbi t ra tors unde r the i r

1 lands t he m a t t e r referred to t h e m shal l he de te rmined	by the	u m p i r e
to be appoin ted as aforesaid.

29. T h e said a rb i t ra tors or the i r u m p i r e m a y call for t he pro­

duct ion of any documen t s in t h e possession or power of e i ther	pa r ty
which they or he m a y t h i n k necessary for de t e rmin ing t h e quest ion	i n
dispute, and m a y examine t h e par t ies or the i r Avitnesses on oath	and
adminis ter t h e oaths necessary for t h a t	purpose .

30. Before any arbi t ra tor or umpi re shal l en ter into t he con­

sideration of a n y m a t t e r s referred to h i m he shall in t h e presence of	a
Jus t i ce of t he Peace m a k e and subscribe t he following declaration,	t h a t
is to say :—

I , A .B . , do solemnly a n d sincerely declare t h a t I will fa i thful ly

and hones t ly and to t h e best of m y skill and abi l i ty here in de te rmine t h e ma t t e r s referred to m e under t he provisions of

" S impson 's Ra i lway A c t . " Made a n d subscribed in t h e

presence of A . B .

and such declarat ion shall be annexed to t he award w h e n m a d e , and if a n y a rb i t ra to r or u m p i r e h a v i n g m a d e such declara t ion shall wilful ly act con t ra ry there to he shall be gui l ty of a misdemeanour .

3 1 . F o r t he purpose of ascer ta in ing t h e a m o u n t of compensat ion

to lie paid by t h e said Ben jamin Crispin Simpson, his heirs , executors , adminis t ra tors , and assigns regard shal l in every case be had by the arb i t ra tors or the i r ump i r e (as t he case m a y be) , no t only to t h e value of t h e land to be t a k e n b u t also to t he damage (if any) to be sus­ta ined by the 1 owner of t h e lands by reason of t he severing of the lands

t a k e n from other lands of such OAvner, or otherwise injuriously affecting such other lands by the exercise of any of t h e powers unde r th i s A c t by t he said Ben jamin Crispin Simpson, his heirs , executors , adminis ­ t ra tors , a n d assigns, and they shal l assess t he same according to w h a t t hey shall find to have been the va lue of such lands, estate, or in teres t a t t h e t ime notice Avas given of such lands be ing requi red or h a v i n g

been t aken :  Provided a lways t h a t in ascer ta in ing t h e a m o u n t of such

compensat ion, the arbi t ra tors or the i r u m p i r e shall t a k e in to con­ siderat ion by Avay of set off or a b a t e m e n t any en la rgemen t in t he A'alue of any l and be longing to such OAvner, a n d so severed as aforesaid by t h e cons t ruc t ion of t he ra i lway extens ion or any section thereof.

32. Al l costs of any such arb i t ra t ion and inc ident the re to to be

set t led by t h e a rb i t ra tors shall be borne b y t h e said Benjamin Crispin

Simpson, his heirs, executors , adminis t ra tors , or assigns, unless t h e arb i t ra tors shall aAvard t he same or a less s u m t h a n shal l have been offered by the said Benjamin Crispin Simpson, his heirs , executors , adminis t ra tors , or assigns, in w h i c h case each pa r ty shall bear his OAAU costs incident to t he arb i t ra t ion , and t h e cost of t h e arbi t ra tors shal l be borne by the par t ies in equal proport ions , unless t he a m o u n t awarded shall be one-fourth less t h a n the a m o u n t claimed, in Avhich case t he Avhole costs shall lie paid by the c la imant , and the a rb i t ra tors

shal l direct t he paymen t thereof accordingly : Provided tha t if e i ther

p a r t y shal l be dissatisfied wi th t he costs allowed by t h e arb i t ra tors as

aforesaid, t h e costs m a y be t axed by t h e P r o t h o n o t a r y or o ther proper

officer of t he Sup reme Court , and the a m o u n t	al lowed by such officer
shall be t h e a m o u n t of costs to be paid.

33 . The arbi t ra tors shall deliver thei r award in wr i t ing to t h e

said Benjamin Crispin Simpson, his heirs , executors , adminis t ra tors , or assigns, AVIIO shal l re ta in t he same, and shal l forthwith on demand furnish a copy thereof to the other par ty , and shall a t all t imes on demand produce t h e said aAAard, and alloAv the same to be inspected or

examined

examined b y such pa r ty or any person appointed by h i m for t h a t purpose , and t h e a m o u n t awarded shal l be pa id wi thin s ixty days after t he publ ica t ion of such award.

34. The submission to a n y such arbi t ra t ion m a y be m a d e a

ru le of t he Supreme Cour t on t h e appl icat ion of e i ther of t h e par t ies .

35. N o award m a d e wi th respect to any quest ion referred to

a rb i t r a t ion u n d e r t h e provisions of th is A c t shall be set aside for

i r regu la r i ty or error in m a t t e r of form.

36. T h e said Ben jamin Crispin Simpson, his heirs , executors ,

adminis t ra tors , or assigns shal l m a k e compensat ion and sat isfaction to

be ascer ta ined and recovered in case of difference in t he m a n n e r hereby

provided for t emporary , p e r m a n e n t , or r ecur r ing injury, and all o ther damage , loss, costs, charges , and inconvenience wh ich m a y in anywise be occasioned to t h e said owners or occupiers by t h e non­ performance by the said Ben jamin Crispin Simpson, his heirs , executors , adminis t ra tors , or assigns of a n y of t he ma t t e r s or th ings he reby required to be performed by t h e m or otherwise.

37. I t shall be lawful for t h e Governor, w i t h t h e advice of t h e

Execu t ive Council , a t any t ime after t h e purchase b y t h e Governmen t

of t h e R o s e h i l l Ra i lway , u n d e r t h e powers in t h a t behalf vested in h im

by " B e n n e t t ' s Ra i lway Act of 1886 , " by not ice in wr i t ing addressed

to t h e said Benjamin Crispin Simpson, or u p o n pub l ica t ion of a

notification in t e rms of section t w e n t y of t he " Pub l i c W o r k s A c t , " to r e q u h e the said Ben jamin Crispin Simpson, his heirs, executors , adminis t ra tors , or assigns to sell, and the reupon t h e said Ben jamin Crispin Simpson, his heirs , executors , adminis t ra tors , or assigns shall sell to t he Government , as t he case m a y be, t h e said ra i lway extension u p o n the t e r m s of pay ing t h e t h e n va lue (inclusive of compensat ion for compulsory Sale not exceeding ten per cen tum) of the said ra i lway extension, and all lands, bui ld ings , works , mater ia ls , a n d p l a n t of t he said Ben jamin Crispin Simpson, his heirs, executors , adminis t ra tors , or assigns su i table to , and used by h im or t h e m for t he purposes of t h e said ra i lway, such va lue in case of difference to be ascer ta ined by a rb i t ra t ion in t h e m a n n e r provided by t h e forty-second and o ther

sections subsequent the re to of t h e " P u b l i c W o r k s Ac t of 1888 ,"

fifty-first Victoria n u m b e r th i r ty-seven , for set t l ing cases of d isputed compensat ion, and subject to t he t e rms and condit ions the re in contained. A n d w h e n any such sale shall have been made to t he said Government , t h e said ra i lway, lands, bui ld ings , works , mater ia ls , p lan t , and premises

shal l fo r thwi th vest in t h e Ra i lway Commissioners in t he said A c t

ment ioned , who shall have all t he r igh t s , powers, and au thor i t ies of

t h e said Benjamin Crispin Simpson, his heirs , executors , adminis t ra tors ,

a n d assigns in respect of t he said ra i lway so sold. I f t h e ra i lway hereby author ised shal l cease to be worked as a ra i lway for t he convey­ ance of passengers and goods by the said Ben jamin Crispin Simpson, his heirs , executors , adminis t ra tors , or assigns, for twelve calendar m o n t h s , t h e land, site and p e r m a n e n t way the re shall , on p roc lamat ion by the Governor , wi th t h e advice of t h e Execu t ive Council , vest in and become the absolute p roper ty of t he Crown, w i t h o u t m a k i n g any al lowance or compensat ion, or pay ing any considerat ion in respect thereof to t he Company , i t s successors or assigns.

38 . Al l penal t ies imposed u n d e r t h i s A c t or u n d e r any by-laws

made in pu r suance thereof, shal l be recoverable in a s u m m a r y way before any St ipendiary or Police Magis t r a t e or any two Just ices of t he Peace.

39. This A c t m a v be cited for all pui'poses as " Simpson 's Ra i l ­

way A c t of 1 8 9 3 . "

T H E

T H E S C H E D U L E .

FIBST PABT.

Commencing on tho Eosehil l rai lway a t a po in t about n i n e chains seventy-five

l inks from the nor thern end of t he Rosehill s ta t ion platform ; thence in a nor th-eas te r ly direction across the land enclosed for the said rai lway and belonging to ihe said Benjamin Crispin 'Simpson ; thence bear ing nor th-eas te r ly th rough the p roper ty believed to belong to the Rosehill Racecourse Company to a road called South Avenue ; thence across t h a t road bear ing nor th-eas te r ly to t he sou the rn boundary of land believed to belong to Sept imus Alfred S tephen , and believed to be leased to Charles Edward . leanneret for a t r amway line ; t hence across the said leased land bear ing nor th-eas ter ly to a road called N o r t h Avenue ; thence across the said road bear ing nor th-eas te r ly to lands believed to belong to R o b e r t H u d s o n bear ing nor ther ly to t he western bounda ry of a reserved road ; thence curving to a nor th-eas te r ly direct ion along such road to t he south-wes tern boundary of lands believed to be long to Wil l iam I. F e r r i s and I . F e r r i s ; thence in a nor th-eas ter ly direction across the said binds to the southern bank of the Pa r r an i a t t a River ; thence in a nor th-eas ter ly direction across the said P a r r a m a t t t a River to the southern boundary of lands believed to be dedicated by the Gove rnmen t for an asylum for the insane ; thence across t h e said lands in a nor th-eas te r ly direction to the i r eastern b o u n d a r y ; thence in a nor th-eas te r ly di rect ion th rough lands believed to belong to the t rus tees of Subiaco Convent to the sou thern bounda ry of a s t ree t called Vic to r ia - s t ree t ; thence in a nor ther ly direct ion across t h e said s t ree t t o i ts nor thern boundary ; thence in a nor ther ly and nor th-eas ter ly direction t h r o u g h lands believed to belong to the t rus tees of Subiaco Convent to t he western boundary of land believed to belong to J o n a t h a n "Wooster; thence in a nor th-eas te r ly direction across the said lands to t h e sou thern boundary of a road called Kiss ing Point Road ; thence in a nor th-eas ter ly direction across t h e said road to its n o r t h e r n boundary ; thence in a nor th-eas ter ly direct ion across land believed to belong to R o b e r t M ' O a n n to i t s eas te rn boundary ; thence in a nor th -eas te r ly direct ion th rough land believed to belong to (J. M 'Ki l l op to the wes tern boundary of a reserved road : thence in a nor th-eas te r ly direc­ t ion across t he said road to its eas tern boundary ; thence in a nor th-eas te r ly (curving to a nor the r ly and nor th -wes te r ly ) direct ion th rough lands believed to belong to Ne i l H a r p e r to t he western boundary of a road believed to be called Adder ton Road ; thence in a nor ther ly direction across the said road to its eas tern boundary ; thence in a nor ther ly di rect ion th rough land believed to belong to George H o d g e to i ts eas tern boundary ; t hence in a nor ther ly direct ion th rough lands believed to belong to Char les R. Mobbs to t h e eas te rn side of a road ; thence curv ing to a nor th-eas ter ly direction along the said road and th rough land believed to belong to Ne i l H a r p e r , and also th rough land believed to belong to Enoch Smith, to t he eastern boundary of t he said road ; thence curving to nor ther ly and nor th-wes ter ly direct ions t h rough land believed to belong to Charles W . Mills to its n o r t h e r n boundary ; thence in a nor ther ly and nor th-wes ter ly direct ion th rough lands believed to belong to F rede r i ck C. Cox to i ts eas te rn boundary ; thence in a nor th-eas ter ly direction across land believed to belong to Wi l l i am Cox to t he sou the rn boundary of a road called Pennan t Hi l l s Road ; thence in a nor th-eas te r ly direction across t he said road to its n o r t h e r n boundary ; thence still in a nor th -eas te r ly di rect ion across land believed to belong to Frederick C. Cox to the sou thern boundary of a r o a d ; t hence across the said road in a nor th-eas ter ly direction to its no r the rn boundary ; thence bear ing nor th -eas te r ly across land believed to belong to Edwin Har r i s , and t e r m i n a t i n g a t a po in t in the said land th ree miles twenty-e igh t chains d i s tan t from t h e point of commencement of the first section hereinbefore described.

SECOND PART.

Commencing at a point on the land of t h e said Edwin H a r r i s hereinbefore described as t he te rminat ion of the first section, t ravers ing the said land in a nor th ­ eas ter ly direction, also t ravers ing t h e south-eastern corner of land believed to belong to Ber t ram H o p e , and con t inu ing in a nor th-eas te r ly direction across t he land of t he said Edwin H a r r i s to the no r the rn b o u n d a r y ; thence in a nor th-eas ter ly direct ion across t h e land believed to belong to Ber t ram H o p e to t he sou the rn boundary of a lane, and t r ave r s ing the said lane in a nor th-eas ter ly direct ion to its n o r t h e r n b o u n d a r y ; thence bear ing nor th -eas te r ly across land believed to belong to George Mobbs , senior, to i ts eas te rn boundary, and t ravers ing the nor th-wes t corner of land believed to belong to Captain George H a r r i e t t ; thence curving to a nor ther ly direction a n d crossing l and believed to belong to Thomas F. Mackenzie to the southern boundary of a lane crossing t h e said lane in a nor the r ly direction to its no r the rn boundary bear ing nor ther ly across land believed to belong to t he Carl ingford Church of Eng land or t he t rus tees thereof, Freder ick C. Cox, C. 8. Gow. .1 . Francis , and W . Spurway to i ts nor thern b o u n d a r y ; thence bear ing nor the r ly across land believed to belong to Mrs . Sarah Allen to i ts nor the rn b o u n d a r y ; thence bear ing nor ther ly across land believed to belong to the

Reverend Freder ick H ibbe rd to its no r the rn bounda ry ;	thence bear ing nor ther ly	th rough
l and believed	to belong to Phi l l ip	Hockley to i ts nor the rn b o u n d a n - ; thence bear ing

nor th-wester ly th rough land believed to belong to J a m e s Smith, j u n i o r to t he sou the rn boundary of a road called t h e N o r t h Rocks Road, crossing the said road in a nor ther ly direction to its nor the rn b o u n d a r y ; thence crossing in a nor th-eas te r ly direct ion across

land believed to belong to Edward M a r r to its nor the rn b o u n d a r y ; thence bear ing

nor ther ly

nor the r ly across land believed to belong to Wi l l i am Moseley, and believed to be leased to Phi l l ip Hockley , to i t s n o r t h e r n bounda ry ; thence crossing a road in a no r the r ly direction

to its n o r t h e r n b o u n d a r y ; thence bear ing no r the r ly across land believed to belong to

George M a r r to its n o r t h e r n b o u n d a r y ; thence bear ing nor ther ly across land believed to

be long to George Smith to its n o r t h e r n boundary ; thence bear ing no r the r ly and no r th ­

wes ter ly across land believed to belong to Edwin Smith to i ts no r the rn b o u n d a r y ; thence, curving to a nor the r ly direct ion across land believed to belong to J ames Smith, j un io r to t h e sou thern bounda ry of a road ; thence crossing the said road in a northerly- direction to i ts n o r t h e r n boundary : thence bear ing nor ther ly and nor th -wes te r ly

t h r o u g h l and believed to belong to J a m e s Smith, senior, to i ts no r the rn b o u n d a r y ;

thence bear ing no r the r ly and curving nor th-wes ter ly and wester ly across land believed

to belong to Alber t Bond to its wes te rn b o u n d a r y ; thence bear ing wes ter ly t h r o u g h

land believed to belong to Bobe r t Shepherd to i ts wes tern b o u n d a r y ; thence bear ing

wester ly and nor th-wes te r ly th rough land believed to belong to J a m e s Bel lamy to the,

s o u t h e r n bounda ry of a road called t he Cast le Hi l l E o a d ; thence bear ing nor th -wes te r ly

across t he said road to i ts no r the rn boundary ; thence bear ing nor th -wes te r ly across

land believed to belong to J o h n H o p k i n s to i t s wes tern boundary ; t hence bear ing nor th -wes te r ly across land believed to belong to Edward Ebswor th to its wes te rn boundary ; thence bearing nor th-wes te r ly t h rough land believed to belong to J . D . E r a s e r t o its no r the rn boundary ; thence bear ing nor th-wes te r ly across l and believed to be long

to Alber t Edward A n e l e y a r k ; thence bear ing nor th -wes te r ly across land believed to

belong to E o b e r t Gal lard to t he eas te rn boundary of a road called David E o a d ; thence i n a nor th-wes ter ly direct ion across t h e said road to i ts western bounda ry ; t hence bear ing nor th-wes ter ly across land believed to belong to t he Excelsior L a n d and I n v e s t m e n t

Company to i ts wes t e rn	b o u n d a r y ; thence curving wester ly across land believed	to
belong to J ames E . Black to i t s wes te rn b o u n d a r y ;	thence bear ing wester ly across	land

believed to be long to J o h n P r a t t t o i ts sou the rn b o u n d a r y ; t hence bear ing wester ly across land believed to belong to E d w a r d Moore to its sou thern boundary , and land believed to belong to Joseph Pu l l e r to i ts wes tern boundary ; t hense across t he sou th ­ wes te rn corner of land believed to belong to C. J . Moore , and across t h e wes te rn end of a road believed to belong to J o h n P r a t t and Chr i s topher J . M o o r e ; t hence bear ing

nor th-wes te r ly across a road called the D u r a l E o a d to its wes te rn boundary ; thence

bear ing no r the r ly across land believed to belong to t h e Eeverend J o h n B e n n e t t to i ts no r the rn boundary ; thence bear ing nor the r ly across glebe land believed to belong to t he L o r d Bishop of Sydney, and t e rmina t ing a t a po in t two chains from its sou the rn boundary and live miles twenty- four chains from the commencement of t he second section here inbefore described.

THIRD PART.

Commencing at a point in the said land believed to belong to the Lord Bishop of Sydney, hereinbefore described as t he t e rmina t ion of t h e second section, and t ravers ing

t h e said land in a nor the r ly d i rec t ion to i ts n o r t h e r n boundary ; thence bear ing nor the r lv across land believed to belong to Thomas Wi l l i ams to t h e sou thern boundary of a road called t he Dura l E o a d ; thence bear ing nor the r ly across t he said road to its n o r t h e r n bounda ry ; thence bear ing nor th-wester ly across land believed to be long to Thomas Wi l l i ams to its wes te rn boundary ; t hence b e a r i n g nor th -wes te r ly across land believed to belong to Geo rge Newlands to its wes te rn boundary ; thence bear ing nor th -wes te r ly across land believed to belong to Alfred P u l l e r to t he eas t e rn boun­ dary of a road called t he D u r a l E o a d ; thence bear ing nor th -wes te r ly across t he said road to its wes tern boundary ; thence by a curved line bear ing nor th-wes te r ly across l and believed to belong to Thomas P u l l e r to i ts n o r t h e r n bounda ry ; thence by a

curved line bear ing nor th-wes ter ly and no r the r ly across land believed to belong to the

City a n d County I n v e s t m e n t Bui ld ing Company to t h e sou thern boundary of a road ;

thence bear ing no r the r ly across t h e said road to its n o r t h e r n boundary ; t hence by a

curved l ine bear ing nor th-eas te r ly across l and believed to belong to Edward Swannel l

t o i ts n o r t h e r n b o u n d a r y ; thence bear ing nor th-eas te r ly across land believed to be long

to Alfred Fu l l e r to its n o r t h e r n boundary ; t hence bea r ing nor th-eas te r ly and curv ing across land believed to belong to W . E. Wil l iams to t h e wes te rn boundary of a road called t he D u r a l E o a d ; thence bear ing nor the r ly across t he said road to its eas tern boundary ; t hence by a curved line bearing nor th-eas ter ly , nor ther ly , and eas ter ly across land believed to belong to W . E . Wi l l i ams to t he sou the rn bounda ry of a road called t h e D u r a l E o a d ; thence in an easter ly direct ion across t he said road to its nor the rn boundary ; thence bear ing eas ter ly across land believed to belong to W . E. Wil l iams to its n o r t h e r n bounda ry ; t hence bear ing eas ter ly across land believed to belong to H e n r y Cusbe r t to i ts no r the rn boundary ; t hence by a curved l ine bear ing easterly to nor ther ly and nor th-wester ly across land believed to belong to George Mowels to i ts n o r t h e r n boundary ; thence by a curved l ine bear ing nor th -wes te r ly to nor the r ly across land believed to belong to S. J . Moore to i t s nor thern bounda ry ; t hence bear ing nor ther lv across land believed to be long to Edwin Fu l l e r to the south-western bounda ry of a road called t h e D u r a l Eoad ; thence bear ing nor ther ly across the said road to i ts nor th-eas te rn b o u n d a r y ; thence bear ing no r the r ly and curving nor th-wes ter ly across lands believed to belong to S. J . Moore to its wes te rn and nor thern boundar ies ; t hence bear ing nor th-wes ter ly across lands believed to belong to . 1 . E. Jeus t i l ius and to t he Lord Bishop of Sydney to the t e rminus a t t he eas te rn boundary of t he Dura l Eoad .

A n