Yongaleatha Marble, Flag, and Flux Company Act of 1891 (NSW)

Aii Act to authorise the "Yongaleatha Marble, Flag*, and Flux Company (Limited)," and their assigns, to construct and maintain a tramway from their flux quarries and properties, in the parish of Gairdner's Creek, county of Moot wingie, in the Colony of New South Wales; and to use horse, steam, or other motive power upon the said tramway; and to carry fuel and timber, and also all marble, flagging', and fluxing* material, and also all plant or material necessary for the development or working of the quarries, properties, and tramways to and from their said flux quarries and properties, in the parish of Gairdner's Creek aforesaid, to a point at Broken Hill, in the Colony aforesaid, connecting" with the tramway system of the Broken Hill mines. [30th December, 1891.]

company duly incorporated in the Colony of South Australia, under the " Companies Act, 186A," for the purposes of inter alia working the whole or such part or parts of their properties situate in the counties of Mootwingie and Yancowinna, and which properties are known as the Yongaleatha Quarries, as marble and flag quarries, or for ironstone or other fluxes, or for silver, lead, and other materials, and supplying the district of Broken Hill, the Barrier Mines, and other places with the marble, flagging, flux, or other material obtained therefrom:

\ \ J 1IEREAS the " Yongaleatha Marble, Flag, and Flux Company :

H (Limited)," hereinafter called the said Company, is a

therefrom : And whereas large quantities of marble, nagging, and fluxing material exist and are being won at the quarries of the said Company, in the parishes of Gairdner's Creek and Yancowinna Creek North: And whereas large quantities of timber suitable for fuel exist upon the said properties of the said Company, situate in the parishes and counties aforesaid : And whereas for the purpose of facilitating the carriage of fuel and timber and the products thereof as aforesaid, and also of the said marble, flagging, and fluxing material to and from the said quarries and properties as aforesaid, the said Company are desirous of constructing a single or double tramway for horse, steam, or other traction, over, across, and along the lands described in the First Schedule hereto, from the said quarries and proper­ ties, in the said parish of Gairdner's Creek, to the point at Broken Hill, in the said Colony, set out in the said Schedule: And whereas such tramway cannot be made without Legislative authority : And whereas the construction of the said proposed tramway would be largely for the benefit of the mining public by materially assisting to lessen the expense of developing the silver, lead, and other mining and commercial industries in the Barrier Ranges, and also would be the means of supplying the district of Broken Hill with cheap fuel, and it is therefore advisable to authorize, by Legislative enactment, the construction, maintenance, and working of the said proposed tramway, 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 New South Wales in Parliament assembled, and by the authority of the same, as follows :—

1. It shall be lawful for the said Company or their assigns, upon the terms and conditions, and subject to the provisions hereinafter contained, to make, form, lay down, construct, maintain, and work a tramway for the carrying of fuel, timber, marble, flagging, and fluxing materials, and of all persons engaged, and all goods and plant and materials necessary in and about the working thereof from and to the said quarries and properties in the said parishes of Gairdner's Creek and Yancowinna Creek North by the route and along and over the roads, streets, lands, and reserves, both public and private, described in the said 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 lauds in breadth sixty-six feet,	including the support and foundations thereof.
2. The gauge of the said tramway shall be three feet six inches, and where it traverses public thoroughfares shall be laid at about the general level of such thoroughfares, and so that the rails shall not project above the surface thereof; and the said Company or their assigns shall maintain in perfect order and repair the said tramway; and where the said tramway traverses public thoroughfares shall maintain perfect and keep in order and repair the pavements of the same between the rails of the said tramway, and for the space of one foot six inches on each side of the said rails; and furthermore shall erect and maintain all necessary causeways in connection with the said tramway.
3. The tramway and the material thereof shall not cease to be the property of the said Company or their assigns by reason of the same being laid as aforesaid.
4. The said Company and their assigns, and all other persons duly authorized, shall have all necessary rights over such portion of the roads, streets, and lands described in the First Schedule to this

Act

Act as are required for the construction, forming, laying down, main­ tenance, repair, "working, completion, and use of the said tramway: Provided that there shall he no interference with ordinary traffic beyond what is reasonable and necessary for such purpose.

5 . The tramway shall be for the use of the Company and their (

assigns, and of all persons engaged by them in and about the carriage of fuel and timber and the said marble, flagging, fluxing, or other commercial industries, and for the carriage of all plant, goods, and things necessary in and about the same, and shall be confined to the conveyance of such marble, flagging, and fluxing material, and fuel, timber, and plant as aforesaid, and of all goods and things necessary in and about the same, and of all persons engaged in and about the same as aforesaid to and from the said quarries and properties of the said Company.
6. It shall be lawful for the said Company and their assigns and any company or persons using or working the said tramway to employ horses, steam, or other motive power, and carriages, waggons, trucks, or other vehicles to be drawn thereby, and to carry fuel, timber, plant, marble, flagging, and fluxing materials, and all other necessary things therewith appertaining upon the said tramway, and all persons engaged in and about the same.
7. In case of accidents or slips happening or being apprehended to the cuttings, embankments, or other works of the said tramway, it shall be lawful for the said Company and their assigns, and their agents, workmen, and servants to enter upon the land adjoining thereto at any time whatsoever for the purpose of repairing or pre­ venting such accidents, and to do such works as may be necessary for the purpose; but in every such case the said Company or their assigns or their agents shall within fourteen days after such entry make a report to the Secretary for Public Works specifying the nature of such accident or apprehended accident, and of the works done or necessary to be done, and such powers shall cease and determine if the said Secretary shall, after considering the said report, certify that their exercise is not necessary for the public safety : Provided also that such works shall be as little injurious to the said adjoining lands as the nature of the accident or apprehended accident will admit of, and shall be executed with all possible despatch, and full compensation shall bo made to the owners and occupiers of such lands for the loss or injury or inconvenience sustained by them respectively by reason of such works, the amount of which compensation in case of any dispute about the

2>ermanently for any such works otherwise than is herein provided	mentioned : And provided, also, that no land shall be taken same shall be settled by arbitrators in the manner hereinafter
with respect to the lands originally taken for the purpose of making the said tramway.
8. The said Company or their assigns shall not be entitled to any mines of coal, iron, slate, or other minerals under any land whereof the surface is vested in the said Company or their assigns by virtue of this Act, except only such parts thereof as shall be necessary to be dug or carried away in the construction of the works hereby authorised, and such mines shall not be deemed to vest in the said Company and their assigns : Provided that where such tramway passes over Crown lands the said Company and their assigns shall pay to the Crown such annual rent not exceeding two shillings per acre for such Crown lands passed over by such tramway as the Minister for Lands may direct.
9. If within twenty-eight days of the passing of this Act the said persons through whose lands the tramway shall pass, or any of them, and the said Company or their assigns shall not agree as to the

amount

amount of compensation to be paid by them for the said lands belonging to the 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 compensation shall arise under this Act, the amount of such compensation shall be settled by arbitrators in manner hereinafter mentioned, that is to say, unless the Company or their assigns and the said persons concur in the appoint­ ment of a single arbitrator the Company or their assigns and the said person or persons on the request of the other shall nominate and appoint an arbitrator to whom such dispute or other matter shall be referred, and any appointment of an arbitrator shall be under the seal of the Company, or the hand or hands, seal or seals of their assigns, and the hand and seal of such person or persons respectively, and such appoint­ ment shall be delivered to the arbitrator or arbitrators, and shall be deemed a submission to arbitration on the part of the Company or their assigns or party by whom the same shall be made; and after any such appointment shall have been made neither the Company or their assigns, or the party or parties shall have power to revoke the same without the consent of the other, nor shall the death of the party or parties operate as a revocation; and if for the space of fourteen clays after such dispute or other matter shall have arisen, and after a request in writing shall have been served by the Company or their assigns or party on the party or Company or their assigns to appoint an arbitrator, the Company or their assigns or the last-mentioned party shall fail to appoint such arbitrator, then upon such failure it shall be lawful for the Attorney-General for the time being of the said Colony, on the application of the Company or their assigns, or the party who has appointed an arbitrator, to appoint such arbitrator to act on behalf of the Company or their assigns or party or parties, and such arbitrator may proceed to hear and determine the matters which 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 arbitrator appointed by the Company or their assigns or the party or parties shall die, or become incapable, or refuse, or for fourteen days neglect to act as arbitrator, the Company or their assigns or the party or parties by whom such arbitrator was appointed may nominate and appoint in writing some other person to act in his place ; and if for the space of seven days after notice in writing from the Company or their assigns or party for that purpose he fail to do so, the remaining or

other arbitrator may proceed alone, and every arbitrator so to be
substituted as aforesaid shall have the same powers and authorities as
were vested in the former arbitrator at the time of such, his death,

refusal, neglect, or disability as aforesaid.

1 1 . Where more than one arbitrator shall have been appointed

such arbitrators shall before they enter upon the matters referred to them nominate and appoint in writing under their hands an umpire to decide any matters on which they shall differ, or which shall be referred to them under the provisions of the Act; and if such umpire shall die, or refuse, or for seven clays neglect to act, after being called upon so to do by the arbitrators or either of them, they shall forth­ with, after such death, refusal, or neglect appoint another umpire in his place, and the decision of every such umpire upon the matters so referred to him shall be final.

12. If in either of the cases aforesaid the arbitrators shall refuse, or for seven days after request of the Company or their assigns or party or parties to such arbitrators, neglect to appoint an umpire, it shall be lawful for the Attorney-General for the time being of the said Colony, on the application of the Company or their assigns,

or

or pa r ty to such arbi t ra t ion, to appoin t an u m p i r e , and the decision or

such u m p i r e on the ma t t e r s on w h i c h the a rb i t ra tors differ or which

shall be referred to h i m unde r this A c t shal l be final.

13. If when a single arb i t ra tor shal l have been appointed such a rb i t ra tor shall die, or become incapable , or shal l refuse, or for fourteen days neglect to act , before he shall have m a d e his award , the ma t t e r s referred to h i m shall be de te rmined by arb i t ra t ion u n d e r the

provisions of th is A c t in t h e same m a n n e r as if such arb i t ra tor h a d

no t been appointed.

14. If w h e n more t h a n one a rb i t ra to r shal l have been

appointed, and w h e n ne i ther of t h e m shal l die, become incapable , refuse or neg lec t to ac t as aforesaid, such a rb i t ra tors shal l fail to m a k e the i r award w i th in four teen days after t h e day on wh ich the last of such a rb i t ra tors shal l have been appointed , or wi th in such ex tended t e r m (if any) as shal l have been appointed for t h a t purpose b y both of such arbi t ra tors u n d e r the i r hands , t he ma t t e r s referred to

t h e m shal l be de te rmined by the u m p i r e to be appointed as aforesaid.

15. The said a rb i t ra tor or a rb i t ra tors or t he said ump i r e

m a y call for t h e produc t ion of any documents in t he possession or power of t he Company or the i r assigns, or pa r ty or par t ies , which they or he m a y t h i n k necessary for de te rmin ing the quest ion in dispute , and m a y e x a m i n e the Company ' s or thei r assigns ' witnesses, and the p a r t y or par t ies or his or the i r witnesses on oath, and

adminis ter t h e oaths necessary for t h a t purpose .

16. Before a n y a rb i t ra to r or ump i r e shal l en ter upon t h e

considerat ion of a n y m a t t e r referred	to him, he shall , in t he presence
of a Ju s t i ce of t he Peace , m a k e and subscribe t h e following	declarat ion
( tha t is to say) :—

I , A .B . , do solemnly and sincerely declare t h a t I will fai thfully

and honest ly , and to the best of m y skill and abil i ty, hea r a n d determine t he ma t t e r s referred to me u n d e r t he provisions of

t he " Yonga lea tha Marb le , M a g , and F lux Company A c t . "

Made and suhscrihed a t this day of in t h e

year of our Lord one thousand eight hundred and ninety-

Before m e , —

CD.

A n d such declarat ion shall be annexed to t h e award w h e n m a d e ;

and if any a rb i t ra to r or ump i r e hav ing m a d e such declarat ion shall

wilfully act cont rary there to , h e shall be gui l ty of a misdemeanour .

17. Al l the costs of a n y such arb i t ra t ion and incident the re to

shall be in the discret ion	of	t he	a rb i t ra to r	or arbi t ra tors	or	ump i r e ,
and the costs of	t h e	a rb i t ra tor ,	a rb i t ra tors , or u m p i r e	shal l	be	borne

b y t h e Company or thei r assigns, or p a r t y or par t ies in equal propor­ t ions unless t h e a m o u n t awarded shall be one-four th or more less t h a n t h e a m o u n t which shall have been offered by the said Company or the i r assigns, in w h i c h case t h e whole costs of t h e a rb i t ra t ion , and also t h e costs of and incidental to t h e said arb i t ra t ion shal l be paid by the c la imant or c la imants : Provided t h a t if e i ther t he Company or

thei r assigns or t he pa r ty or part ies shal l be dissatisfied w i t h t he costs

allowed by the said a rb i t ra to r or a rb i t ra tors or umpi re as aforesaid, t he costs shall be t axed by the P ro thono ta ry of t he Supreme Court of the Colony of N e w South M a l e s , or o ther proper officer of t he said

Supreme Court , and t h e a m o u n t allowed by such officer	shal l be t h e
amount of costs to be paid.

18. The arbi t ra tor , a rb i t ra tors , or umpi re shal l deliver his or

the i r award in wr i t ing to t h e said Company or the i r assigns who shall re ta in t h e same, and shall fo r thwi th on demand, a t thei r own expense, furnish a copy thereof to t he o ther pa r ty ; and shal l a t all t imes on

demand

demand produce t he said award , and allow t h e same to he inspected and examined by such pa r ty or any person appointed by h im for t h a t purpose, and the a m o u n t awarded shall he paid wi th in sixty days after

t he publ ica t ion of t he award .

19. The submission to any such arb i t ra t ion m a y be made a

ru le of t he Supreme Cour t of t h e Colony of New South W a l e s	on	the
appl ica t ion	of e i ther of the	parl ies .

20. No award m a d e wi th respect to any quest ion referred to

arb i t ra t ion u n d e r t h e provisions of th i s A c t shal l be set aside for

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

2 1 . The said Company or the i r assigns shall m a k e compensa­

t ion and satisfaction to be ascertained and recovered in case of difference in the m a n n e r hereby provided, for t emporary , pe rmanen t , or r ecu r r ing in jury , or for any o ther damage, loss , costs, charges which may in anywise be occasioned to t h e owners and occupiers of the lands t h r o u g h which t h e said t r a m w a y shall pass by the non-per formance or neg l igen t performance b y t h e said Company or thei r assigns of any of t h e mat te r s or t h ings he reby required or author ized to be performed

by t h e m .

22. I n every case where t he said Company or the i r assigns shall t a k e t empora ry possession of lands by v i r tue of t he powers hereby granted , i t shal l be i n c u m b e n t on t h e m wi th in th ree m o n t h s after e n t r y upon such land, upon being requi red so to do, to pay to t h e occupier or occupiers of said lands the va lue of a n y crop or dressing t h a t m a y be thereon, and damaged or in jured by such en t ry , as well as full compensat ion for any o ther damage of a t empora ry n a t u r e which he m a y sustain by reason of such e n t r y ; and shall also from t ime to t i m e dur ing the i r occupat ion of t h e said lands pay half-yearly to such occupier or occupiers , or to the owner or owners of t h e lands , as t he case m a y require , a r en t to be fixed by two Jus t ices , in case t he Company or the i r assigns and the pa r ty or part ies differ; and shall also w i th in twelve m o n t h s after such en t ry pay to such owners or occupiers, or deposit in t he b a n k for t h e benefit of all part ies interested, as the case m a y requi re , compensat ion for all pe rmanen t or o ther loss, damage , or in ju ry t h a t m a y have been sustained by t h e m by reason of t he exercise, as regards t he said lands, of t he powers hereby granted , inc lud ing t h e full va lue of all clay, stone, gravel , sand, and o ther

th ings t a k e n from such lands .

23 . I f t he owner or owners of any lands requi red to be t a k e n

for t he cons t ruc t ion of the said t r a m w a y is absent from	t h e Colony, or
cannot u p o n dil igent inqui ry be found, or is u n d e r disability, or if any	such lands are vested in persons who have respectively only l imited or
qualified in teres ts there in , and who cannot enter in to b ind ing agree­ men t s wi th t h e said Company or their assigns for t he acquisi t ion of such lands, or jo in in s u b m i t t i n g the i r claims for compensat ion to a rb i t ra t ion as hereinbefore provided, t he purchase money or com­ pensa t ion payable b y the said Company or the i r assigns in respect of such lands shall be de te rmined by the va lua t ion of a surveyor to be
nomina t ed as hereinaf ter ment ioned .
24. U p o n appl ica t ion by the said Company or their assigns to two Jus t i ces , and upon such proof as m a y be satisfactory to t h e m , t h a t t he re is no person in t h e Colony or to be found who can enter in to a b ind ing cont rac t wi th t he said Company or the i r assigns, or join w i th t h e said Company or the i r assigns in submi t t i ng his c laims for compensat ion to a rb i t ra t ion in respect of any lands required to be t aken for t he cons t ruc t ion of t h e said t r a m w a y , such Jus t i ces shall by wr i t i ng unde r the i r hands n o m i n a t e a l icensed surveyor for de te rmin ing such compensat ion as aforesaid, and such surveyor shall de te rmine t h e same accordingly, a n d shall a n n e x to his va lua t ion a declarat ion in
wr i t i ng subscribed b y h i m of t h e correctness thereof. 25.

25. Before such surveyor shal l en te r upon t h e d u t y of m a k i n g

such va lua t ion as aforesaid, he shall, in t he presence of such Jus t ices , or one of them, m a k e and subscribe t he following declarat ion a t t h e foot

of such nominat ion , t h a t is to s ay :

I , A .B . , do solemnly and sincerly declare t h a t I will faithfully,

impart ia l ly , and honest ly, according to t h e best of m y skill

a n d abi l i ty , execu te	the	d u t y	of	m a k i n g	the	va lua t ion	hereby
referred to me .

M a d e and subscribed a t th i s clay of in t h e

year of our Lord one thousand e ight h u n d r e d and n ine ty-

Before m e , —

CD.

A n d if any such surveyor shal l co r rup t ly m a k e such declarat ion, or

h a v i n g made such declarat ion shall wilfully	act cont rary there to , he
shall be gui l ty of a misdemeanour .

20. The said nomina t ion and declarat ion shal l be annexed to

t he va lua t ion to be m a d e by such surveyor, and shal l be preserved

toge ther t he r ewi th by t h e said Company or the i r a s s igns ; and t h e y shall a t all t imes produce the said va luat ion and documents on demand to all par t ies in teres ted in t h e said lands comprised in such va lua t ion .

27. Al l t he expenses of and incident to any such valuat ion

shall be borne by t h e said Company or the i r assigns.

28. I f t h e a m o u n t of compensat ion de te rmined by any such

surveyor does not exceed the s u m of fifty pounds , it shall , except in t he case where t he owner is absent from t h e Colony or cannot be found, be paid by the said Company or thei r assigns to t h e person or persons for t h e t ime be ing ent i t led to t h e ren t s and profits of lands in respect whereof t he same shall be payable for his or the i r own use and benefit, or in the case of t h e coverture , infancy, idiotcy, lunacy , or o ther incapaci ty of any such person or persons, t h e n such money shal l bo paid for thei r use to the i r respective husbands , guard ians , com­ mit tees , or t rus tees of such persons.

29. If t he a m o u n t of compensat ion de termined by any such surveyor as aforesaid exceeds t h e s u m of fifty pounds , or in t he case where the owner is absent from t h e Colony or canno t be found, w h e t h e r it exceeds t he s u m of fifty pounds or not, i t shall he paid by t h e said Company or the i r assigns in to t he hands of t h e Mas te r in E q u i t y of t he said Supreme Cour t in t h e m a t t e r of th i s Act , in t r u s t for the par t ies interested in t h e lands in respect of which i t is paid in ; and a certificate from t h e said Mas te r in E q u i t y of t h e fact of t h e

money being so paid in shall be a sufficient d ischarge to t he said

Company or thei r assigns for t h e money so paid : Provided t h a t all moneys so paid in shall be deal t w i th by the said Supreme Cour t in t h e same m a n n e r in all respects as moneys pa id in unde r an A c t passed in t h e twenty-first year of H e r present Majes ty , a n d in t i tu led

"An Act for heller securing Trust Funds, and for the relief of

Trustees"':  A n d shal l he subject in all respects to t h e provisions of

t h e said Act , and all rules of t he said Cour t made the reunde r .

30. If in any case in which, according to t h e provisions of this A c t or of any subsequent A c t in respect of th is Act , t h e said Company or thei r assigns are au thor ized to enter upon and t ake possession of any lands requi red for t he purposes of t he said t r amway , t h e owner or owners , or occupier or occupiers of any such lands, or any other person or persons shal l refuse to give u p possession thereof, or h inder t h e said Company or the i r assigns from en te r ing u p o n or t ak ing possession of t he same i t shal l be lawful for t h e said Company or the i r assigns to issue their wa r r an t to t he Sheriff to deliver possession of the same to t he person or persons appointed by the said Company or the i r assigns in such w a r r a n t to receive t he same, and upon receipt of such war ran t t h e Sheriff shall deliver possession of any such lands accordingly

to

to such person or persons, and the costs acc ru ing by reason of t he i ssuing and execut ion of such war ran t , and which said costs shal l be sett led by the Sheriff, shall be paid by t h e par ty or par t ies so refus ing to give possession, and the a m o u n t of such costs shall be deduc ted and re ta ined by the said Company or thei r assigns from the compensat ion, it' any , t hen payable to such person or persons refusing to give possession, or if no such compensat ion shal l be payable to such person, or it' t he same be less t h a n the a m o u n t of such costs, then such costs or t he excess thereof beyond the a m o u n t of such compensa t ion if not paid on d e m a n d shall be levied by distress, and upon appl icat ion to any Jus t i ce of t h e

Peace for t h a t purpose he shal l issue his w a r r a n t accordingly.

3 1 . AH notices required to be served by the said Company or

the i r assigns upon t h e p a r t y or par t ies interested in or ent i t led to sell any such l ands shal l e i ther be served personal ly on such pa r ty or part ies or left at his or thei r u sua l place of abode (if any such can after di l igent i nqu i ry be found) , and in case any such pa r ty or par t ies shall be absent from t h e Colony, or cannot be found after di l igent inquiry, shall be left w i th t he occupier of such lands, or if there be no such occupier shall be affixed upon some conspicious pa r t of such lands .

32. A t any t ime t h e Governor, wi th t he advice of t h e E x e c u t i v e

Council , may , if he t h i n k lit, purchase such t r a m w a y upon giving to

t h e said Company or the i r assigns three m o n t h s ' not ice in wr i t ing of his

in t en t ion to do so. I f the a m o u n t tendered for t he purchase of t h e p roper ty be considered inadequa te by the said Company or the i r assigns, t h e amoun t shall be ascer ta ined by assessment in t e rms of the

" Pub l i c Lands Acquis i t ion A c t . "

33 . I t shall be lawful for the said Company a t any t ime , by any i n s t r u m e n t or deed in wri t ing , to assign and transfer all t h e r igh ts , powers , privileges, benefits, and advantages conferred upon t h e m by th is A c t to any person or persons, or to any duly incorpora ted company or companies , and upon any such ass ignment or t ransfer be ing executed t he person or persons or duly incorporated company or companies in whose favour such ass ignment or t ransfer is made shall t h e n s tand in t he place of t he said Company , and shal l have all the r ights , powers , benefits, pr ivi leges, and advantages conferred upon t h e said Company by this Ac t .

3 1 . The works in connect ion wi th t he construct ion of the said

t r a m w a y hereby authorized mus t be commenced wi th in twelve m o n t h s from the pass ing of this Act , and the said t r a m w a y m u s t be completed within two years from the da te of t he pass ing of this Act .

35.   This Act may for all purposes be cited as the " Yongaleatha

Marb le , F l ag , and F lux Company Ac t of 1 8 9 1 . "

THE FIRST SCHEDULE H E R E I N B E F O R E REFERRED TO.

Commencing at a point oil the extensions of the Silverton Tramway to be deter­ mined on mineral lease number thirty-nine, parish of Picton, county of Yaneowinna ; Ihence north-easterly through mineral leases numbers forty, sixty-eight, seventy-seven, twenty-eight, and forty-five about one mile: thence through Mount (Jipps leasehold area twenty-five chains ; thence north-easterly through special leases numbers 88/12, and 88/24 thirty chains ; thence north-easterly through Mount Gipps leasehold area about two and three-quarter miles: thence north-easterly through improvement pur­ chase number fifty-two. parish of Bolairo, thirty chains ; thence north-easterly through Mount Gipps leasehold area about two and a half miles ; thence north-easterly through improvement purchase number one, parish of Bolairo, thirty-five chains ; thence north­ easterly through Mount Gipps leasehold area about six and a quarter miles; thence through improvement purchase number one, parish of Moorkaie, forty-chains; thence north-easterly through Mount Gipps leasehold area about fifteen miles ; thence north­ easterly through the parish of Gairduer's Creek about four and a half miles to mineral lease number twenty, parish of Gairduer's Creek, county of Tancowinna—making a total distance from Broken Hill to the Yongaleatha Flux Quarry of about thirty-three and a half miles.

A n