New South Wales: Rotton's Estate Act of 1883 46 Vic (NSW)

New South Wales. ANNO QUADRAGESIMO SEXTO VICTORIA REGIN &. An Act to enable the Trustees of the Will of asiovs gsr. the late Henry Rotton to sell and grant =~ Mining Leases of certain lands devised by the said Will and for the other purposes therein mentioned, [29th March, 1883, | . HEREAS Tenry Retton late of Blackdown in the district of Preamble. Bathurst in the Colony of New South Wales hereinafter called the said testator duly made his last will dated the sixteenth day of July onc thousand eight hundred and seventy-nine and thereby appointed Henry M'Crummin Keightley William Foxton Hayley and Alfred John Pechey executors and trustees of his said will and upon making certain specific devises the said testator devised all the residue of his real and personal estate to be divided in equal shares between his wife and his thirteen children being in all fourteen shares share and share alike (subject as to the share of one daughter to a deduction of one thousand four hundred pounds) And the said testator directed that should any of his children die before attaining majority his or her share should revert to his residuary estate and be divisible equally amongst his surviving children except in the case of a daughter marricd by consent of her guardian or guardians And the said testa- tor further directed that his said wife's share of his said residuary estate and the shares of his infant children should be invested by his trustees in good sound Government sezurities or valuable frechold a properties 46° VIC. rotlon's Estate. 1883. properties and the interest arising therefrom should be paid as fol- lows His said wife's share to herself for her own use and _ benefit so long as by the provisions in that behalf contained in the said will she should be entitled to receive the same and his infant children shares to their guardian or guardians as the case might be for the clothing maintenance education and teaching any trade business or profession till they should be entitled by attaining their majority to receive their full shares except in the case of a daughter married by consent of her guardian or guardians as the case might be before attaining her majority in which case she should be entitled to receive her share in full immediately upon her marriage unsubject as thereinbefore directed to marital control And whereas the testator duly made a codicil to his said will dated the twenty-seventh day of March one thousand eight hundred and cighty whereby he gave cer- tain directions with reference to the share of the said residuary estate of his said will devised and bequeathed to his son Peter Rotton but did not further or otherwise alter his said will And whereas the said testator duly made a second codicil to his said will dated the seven- teenth day of July one thousand eight hundred and eighty-one whereby he gave a certain pecuniary legacy but did not further or otherwise alter his said will And whereas the said testator duly made a third codicil to his said will dated the twenty-fourth day of Septem- ber one thousand eight hundred and cight-one and by the said codicil revoked so much of his said will as gave to his son Gilbert Henry Rotton any share in the division of his property and gave to the said Gilbert Henry Rotton all the said testator's interest in certain con- ditional purchases at Carden in the said Colony but did not further alter or revoke his said will And whereas the said testator died on the eleventh day of Cctober one thousand cight hundred and eighty- one leaving surviving His widow and thirteen children of whom four are infants under the age of twenty-one years and without having revoked or altered his said will save in so far as the same is revoked or altered by his said codicils and without having revoked or altered his said codicils or any of them and the said will and codicils were duly proved by the sa id Henry M'Crummin Keightley William Foxton Hayley and Alfred John Pechey on the tw enty -ninth day of November one thousand cight hundred and eighty-one And whereas the said Alfred John Pechey died on the fifth day of June one thousand eight hundred and eighty-two And whereas the said testator at the time of his death was seized of or entitled to certain lands in the said Colony not specifically devised by the said will which said lands are mentioned and particularly described in the Schedule hereto And whereas it is doubtful whether the provisions of the said will authorize or empower the trustees thereof to sell any part of the said lands And whereas the said will contains no power to lease the said lands or any portion thereof And whereas certain of the said lands are supposed to con- tain valuable deposits of minerals And whereas it is expedient in ie} view of the number of the persons will to shares in the said land and beneficially entitled under the said he disability through infancy and coverture of some of such persons that the trustees of the said will should have power to sell the said 1 ands and it is also expedient that such trustees should have power to grant mining leases of the said lands Be it therefore enacted by the Queen's Most. Iixcellent 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 Henry M'Crummin Keightley - and William Foxton Hayley or the survivors or survivor of them or the heirs or assigns of such survivor or other the trustees or trustee for Trustees empowered to sell and convey. 1883. 46° VIC. 8 Rotton's Estate. for the time being of the said will hereinafter called the said trustees or trustee to scll and dispose of the lands mentioned and particularly described in the Schedule hereto either by public auction or private contract in such lot or lots at such time or times subject to such terms and conditions as to evidence of title time and manner of pay- ment and to such other stipulations as the said trustees or trustee shall in their or his discretion think fit for such price or prices as can be reasonably obtained for the same and when sold to convey the same or any part or parts 'thorcot to the purchaser or purchasers as the case may be his or their heirs and assigns freed and discharged from the trusts of the said will and the recvipt or receipts in writing of the said trustees or trustee shall absolutely discharge the pur- chaser or purchasers of the said lands or any part or parts thereof from the purchase money payable by him or them respectively and shall exonerate him or them from secing to the application of such purchase money or from being liable for any loss non-application or misapplication of the same. 2. It shall be lawful for the said trustees or trustee to give Power to give credit eredit to any purchaser or purchasers of the said lands or of any part t? Punters. or parts thereof for any number of years not exceeding seven years for the payment of so much of the purchase money as shall not exceed two-thirds of the whole upon such terms as to interest as the said trustees or trustee shall deem proper Provided that the lands in respect of the sale of which such credit is given as aforesaid shall remain unconveyed or be otherwise rendered a security for so much of the said purchase moncy as shall remain unpaid together with interest upon the same until the same shall have been wholly paid. 3. Subject and without prejudice to the reservation and condi- Power to grant tions if any contained in the grants under which the said lands are mining leases. holden it shall be lawful for the said trustees or trustee to grant leases by deed for any term of years not excceding twenty-one years to take effect in possession and not in reversion or by way of future interest of all and every and any of the mines lodes ores quarries veins strata and scams of copper lead iron stone clay and all other mincrals whatsoever in one or more block or blocks unopened as well as opened in under or upon the said lands together with any part of the surface of the said lands which may be thought necessary or convenient to be held for buildings roads or ways or other purposes with such mines quarries or premises together with full liberty and authority for the lessee or lessees to search for work win take use and dispose of all such coal ores and minerals as shall be found therein and to sink and make shafts levels pits drives trenches air-gates way-gates and water-courses and to erect and use any smelting refining or other furnaces or mills fire steam or other engines and machinery workmen's and other houses buildings sheds or other conveniences and to use all other lawful means and ways whatsoever not only for finding separating and cleaning such ores or other minerals but for converting any of them into a manufactured and merchantable condition and also to take and use sufficient ground room heap roomand pit room for placing or manu- facturing any "of such coals ores or other minerals and for laying the waste refuse or rubbish to be from time to time produced from the said mines quarries and premises and also with full and free liberty to use or make and use all proper and convenient railways and other ways for the carriage of materials and articles to such mines quarries or premises and for the carriage or delivery of any of the said coals ores and minerals with horses carts waggons and other carriages and generally upon such terms and with such stipulations as shall be reasonable necessary or usual for the purposes aforesaid so that in every such lease there be reserved and made payable the best yearly rent 4 46 VIC. 1883. Rotton's Estate. rent dues duties tolls or royalties which can be reasonably obtained without taking any fine premium or forfeit for the granting thereof and so that there be contained in every such lease proper and reasonable covenants and agreements by the lessee or lessees for the due payments of the rents dues duties tolls or royalties thereby reserved and for the proper working construction and management of the said mines quarries and works and a power of re- -entry for non-payment of such rents dues duties tolls or royalties and so that every lessce duly execute a duplicate or counterpart of the lease granted to him. Trustees of unsold The said trustees or trustee shall stand seized and possessed lands and of pur- . . ° chase money. of the said lands or of such portion thereof as shall from time to time remain unsold subject to any leases granted under the power hereinbefore contained upon the trusts and subject to the directions and declarations in the said will expressed and declared concerning the same And from and after sale made under the power hereinbefore contained shall stand possessed of the moneys arising from such sale upon trust to pay all costs and expenses of and incidental to the procuring and passing of this Act and also of and incidental to such sale And after such payment as aforesaid to invest the net surplus of such moneys in debentures or Government securities of any kind of the Colony of New South Wales or upon freehold securities in the said Colony or upon deposit at interest at any Bank carrying on business in the said Colony with power from time to time to vary or transpose any such investment or security for others of the kinds hereby authorized. Trasts of invest- 5. The said trustees or trustee shall stand possessed of such ments rents &c, . *y: : +o investments and securities and the interest dividends and annual produce arising therefrom and also of the rents due duties tolls or royalties arising from or paid under any lease made under the authority of this Act upon such trusts and with and subject to such directions and declarations as shall as nearly as possible correspond with the trusts directions and declarations in the said will contained concerning the said lands or such of them as shall be subsisting and 'capable of taking effect. Short title. G. This Act may he cited as the ** Rotton's Estate Act of 1883." SCHEDULE ABOVE REFERRED TO. 1. All those two thousand acres of land situated in the county of Roxburgh and township number four in the Colony of New South Wales bounded on the west side by a line north two bundred and thirty- tivo chains bounding sections one two three and tw enty chains of section four on the north side by the Government reserve bearing cast eighty chains to the western boundary of township number two on the east side by that boundary bearing south two hundred and thirty-six chains and south fifty-five degrees west sixty-six chains to Mac quarie River and on the south side by that river to be called "Blackdown" Except all that piece or parce] of land part and 'parcel thereof compris- ing four hundred and ninety-one acres Commencing from the Macquarie River and bounded on the South by a line running north fifty- five degrees cast twenty one chains ninety links from thence on the east by a line north two hundred and thirty-seven chains on the north by a line west twenty- one chains on the west by a line south two hundred and thirty-two chains and the Macquarie River to the point of commencement which said four hundred and ninety-one acres have been sold by John Savery Rodd to Willian Tfenry Suttor Esquire. All that parcel of land containing by admcasurement sixty-one acres (more or less) situate in the county of Roxburgh parish of Pect being part and parcel of the parcel of twohundred and forty-seven acres three roodsand thirty -four perches of land conveyed to John Busby by Edward Combes by indenture dating twenty ninth August one thousand eight hundred and sev enty-four being lois one two and three on the plan exhibited at the sale tothe said John Bushy Cc ommeneing at the south-west corner of Samuel Terry's grant of eleven hundred and eighty-four acres at its junction with the grant knownas Blackdown thenee 1883. 46' VIC, Rotton's Estate. thence north by a line thirty chains fifty links thence by a line east to the Bathurst and Sofala Road thence by that road to the W. Cox's grant and thence by a line west to the point of commencement. 38. All that piece or pareel of land containing by admeasurement one hundred acres be the same more or less situated in the county, of Roxburgh and parish of Jed- burgh near Kelloshiel Commencing at the north-eastern corner 'of a measured portion of forty- seven acres and bounded on the south by the north boundary of that land being a line bearing west twenty chains on the west by the east boundary of a measured por- tion of one hundred and four acres being a line bearing north fifty chains north by a line bearing east twenty chains on the cast by a line bearing south fifty chains to the point of commencement being the Jand proclaimed as lot thirty on the nineteenth August one thousand eight hundred and fifty-seven and selected by the said Henry Rotton under the eleventh paragraph of the regulations of first March one thousand eight hundred and forty-three. £ All that piece or parcel of land containing by admeasurement one hundred and four acres be the same more or less, situated in the county of Roxburgh and parish of Jedburgh near Kelloshicl Commencing at the north-western corner of a measured portion of one hundred aeres and bounded on the east by the west boundary of that land being a, line bearing south fifty chains on the south by the north boundary of a measured portion of fifty acres being a line bearing west twenty chains eighty-one links on the west by a line bearing north. fifty chains and on the north by a line bearing east twenty chains eighty-one links to the point of commencement being the land sold as lot twenty-nine in pursuance of the proclamation of eightcenth August one thousand eight hundred and fifty-seven. 5. All that picee or parcel of land containing by admeasurement fifty acres be the same more or less situated in the county of Roxburgh and parish of Jedburgh near Kelloshicl Commencing at the north-western corner of H. Perrier's six hundred and forty acres and bounded on the south by part of the north boundary-line of that land bearing east twenty chains eighty-one links on the east by the west boundary-line of a measured portion of forty-seven acres bearing north twenty-five chains on the north by the south boundary-line of a measured portion of one hundred and four acres bearing west twenty chains eighty-one links on the west by a line bearing south twenty-five chains to the point of commencement exclusively of an existing road one chain wide from Bathurst down to Maequaric River passing through this land in aw esterly direction the area of which has been deducted from the total area being the land sold as lot thirty-one in pursuance of the proclamation of cighteenth August one thousand eight hundred and fifty-seven. G6. All that piece or parcel of land containing by admeasurement forty-seven acres be the same more or less situated in the county of Roxburgh and parish of Jedburgh near Kelloshicl Commencing at the south-castern corner of a measured portion of fifty acres and bounded on the west by the east boundary of that land being a line bearing north twenty-five chains on the north by the south boundary of a measured portion of one hun- dred acres being a line bearing east twenty chains on the east by a road one chain wide dividing it from a measured portion of forty-five acres two roods bearing south twenty- five chains on the south by part of the north boundary-line of H. Perrier' s six hundred and forty acres bearing west twenty chains to the point of commencement exclusively of an existing road one chain wide from Bathurst down the Macquarie River passing through this Tand in aw esterly direction the area of which has been deducted from the total area being the land sold as lot thirty-two in pursuance of the proclamation of the eighteenth August one thousand eight hundred and fifty-seven. Also all that piece or parcel of land in the parish of Jedburgh county of Roxburgh containing two hundred and two acres more or less Commeneing being the land comprised in Crown grant register vol. nxxvz folio 31. 8. Also all that piece or parcel of land containing twenty-five acres of land situated in the county of Roxburgh parish of Yetholme at Badger Brush Creek Commencing forty-seven chains seven links south from the north-west corner of West's three hundred acres and bounded on the north by a line west twenty chains on the west by aline south twelve chains fifty links on the south by a line east twenty chains to West's west boun- dary and on the east by part of the said West's west boundary being a line north twelve chains fifty links being, the land sold as lot one in pursuance of advertisement of nine- teenth May one thousand cight hundred and thirty-five. 9. All that piece or parcel of land situated in the parish of Yetholme in the county of Roxburgh containing by admeasurement one hundred acres be the same more or Jess at the Stony Range and 'about midway between the farm of J. Long and the village reserve on the north side of the new line of road to Bathurst bounded on the east by a line north Commencing at a marked tree by the road side forty chains on the north by a line west twenty- -three ¢ chains on the west by a line south fifty-six chains twenty links to the road and on the south by the new line of road to Bathurst to the marked tree aforesaid being the land sold as lot ninety-four in pursuance of the advertisement of fourth December one thousand eight hundred and thirty-seven. 10. All that piece or parcel of land containing by admeasurement seventy acres be the same more or less situated in the county of Cook and parish of Farmer's Creek near Tambie's Hill Commencing on Farmer's Creek at the north-east corner of S. G. Dalgety's one hundred acres and bounded on the west by a line south forty-four chains dividing it from 46° VIC. 1883, Rotton's Estate. from part of that one hundred acres on the south by a line east twenty-three chains on the east by a line north twenty-eight chains to Farmer's Creek and northerly by that creck downwards to the north-east corner of Dalgety's one hundred acres as aforesaid being the land sold as lot thirty-four in pursuance of the advertisement of the tenth December one thousand eight hundred and thirty-nine. 11. All that piece or parcel, of land containing by admeasurement thirty-two acres be the same more or less situated in the county of Cook and parish near Bowenfels Commencing on a road leading from Bathurst to Sydney at the south-east corner of S, G. Dalgety's one hundred acres and bounded on the west by part of the east boundary of that land bearing north nine chains to the south-west corner rot Hughes and Hoskings' seventy acres on the north by the southern boundary of that land bene a line bearing east twenty-two chains on the east by a line dividing if from a measured portion of twenty. eight acres bearing southtwenty chains to the road aforesaid leading from Bathurst to Sydney and onthe south by that road north. westerly to the south- east corner of S. G. Dagety's one hundred acres aforesaid being the land sold as lot sixteen in pur- suance of the proclamation of sixth May one thousand cight hundred and fifty-seven. 12. All that piece or parcel of land situate in the parish at Grabine near the confluence of the Abercrombie and Lachlan Rivers in the county of King containing by admeasurement one thousand one hundred and thirteen acres be the same more or less bounded on the east by a line bearing south one hundred and thirteen chains Commencing on the Lachlan River at the north-east corner on the south by a line bearing west ninety- -four chains to the Lachlan River and on the west and north by that river upwards to the north-east corner aforesaid being the land sold as lot one in pursuance of the advertisement of twenty-seventh May one thousand eight hundred and thirty-seven. 13. All that piece or parcel of land containing by admeasurement eight hundred and eighty acres be the same more or less situated in the county of Bathurst and parish of at Grabine Commencing at the north-west corner of the village reserve of Grabine and bounded on the west by: a line north one hundred and ten chains on the north by a line east cighty chains on the east by a line south one hundred and ten chains and on the south bya line west eighty chains dividing it from the village reserve of Grabine to the north-west corner of the same aw aforesaid being the land sold as lot sixteen i. ante of the advertisement of tenth September one thousand eight hundred and thirty-eight, y 1h. Also all those thirty-three acres be the same more or less situated iu the parish of Bracbridge in the county of Bathurst being the land comprised in Crown Grant registered vol. xxv folio 5 15. All that allotment or parcel of land containing by admeasurement one rood thirty-five perches be the same more or less situated in the county of Wellington parish of Orange and town of Orange being allotment number sixteen of section number thirty- three Commencing on the northern side of March-street at the south-western corner of allotment seventeen and bounded thence on the south by that strect westerly one chain on the west by the eastern boundary-line of allotment fifteen northerly at right angles to March-strect four chains and seventy links to a lane on the north by that lane easterly parallel with March-strect one chain and on the east by the western boundary-line of allotment seventeen aforesaid southerly at right angles to March-street four chains and seventy linksto the pointof commencement being theall otmentsold as lot thirty in pursuance of the proclamation of twenty-fifth May one thousand eight hundred and fifty-eight. 16, All that allotment or parcel of land containing by admeasurement one rood thirty-five perches be the same more or less situated in the county of Wellington parish of Orange and town of Orange being allotment number seventeen of section number thirty-three Commencing at the south-eastern corner of the section and bounded thence on the south by March- street westerly one chain on the west by the eastern boundary- line of allotment sixteen northerly at right angles to March-street 'four chains and sev enty links to a lane on the north by that lane easterly parallel with March-strect one chain to Sampson-strect and on the east by that street southerly four chains and seyenty links to the point of commencement being the allotment sold as lot thirty-one in pursuance of the proclamation of twenty-fifth May one thousand eight hundred and fifty-eight. 17. All that piece or parcel of land containing by admeasurement forty-three acres thirteen perches more or less situated in the parish and county of Bathurst aforesaid being portions of allotments numbers four and five of the allotments in Queen Charlotte's Vale Commencing at a point in a road called Gorman's Hill Road leading from Bathurst aforesaid to Camp bell's River in the said Colony at the south-east corner of a piece of land belonging to Francis Lord and bounded on the east by the said road by a line southerly twenty-three chains ninety-four links to a reserved 'road dividing the land now being described from land belonging to Henry Butler on the south by the last- mentioned road by a line westerly to Queen Charlotte's Vale Creek on the west "by Queen Charlotte's Vale Creek to the south-west corner of the said allotment number four and on the north by the said land belonging to the said Francis Lord by a line easterly to ihe commencing point aforesaid subject nevertheless to a certain indenture of mortgage bearing date the fourth day of April one thousand eight hundred and fifty-five mado between the said Samuel Benny Sergeant and Ki enneth Price therein described of the one part and John Savery Rodd of the other part All that piece or parcel of land situated in the county of Bathurst in the said Colony being part or parcel of that part of the Walmer Estate conveyed to James Horne Stewart David Kennedy and Wirpatrick Dickson Sinythe 1883, 46° VIC. Rotton's Estate. Smythe by a certain indenture of the twenty-fifth day of November one thousand eight hundred and fifty-three and by them conveyed to the said Samuel Benny Sergeant by a certain indenture dated the thirtieth day of September one thousand eight hundred and fifty- four Commencing at a point on the western side of a road called Macquarie-strect fifty chains forty-eight links from the Ophir Road and bounded on the east by Macquarie- street aforesaid bya linc south five chains twenty-nine links on the south bya line west nine chains sixty-five links dividing it from land purchased by Mr. Pyne on the west by aline north five chains twenty-nine links dividing it from Mount Pleasant Estate and on the north by a line east nine chains sixty-five links dividing it from the land purchased by the said Samuel Benny Sergeant next hereinafter described to the commencing point afore- said All that piece or parcel of land containing by admeasurement ten acres more or less situate in the county of Bathurst in the said Colony being also part and parcel of that part of the Walmer Estate conveyed to the said James Horne Stewart David Kennedy and Kirkpatrick Dixon Smythe as aforesaid and so conveyed to the said Samuel Benny Sergeant as aforesaid Commencing at a point on the western side of the road called Macquarie-street thirty-nine chains ninety links from the Ophir Road and bounded on the cast by Macquarie-strect aforesaid by a line south ten chains fifty-eight links on the south by a line west nine chains sixty -five links dividing it from the land lastly herem- before described on the west by a line north ten chains fifty- -cight links dividing it from the Mount Pleasant Estate and on the north by a line cast nine chains sixty- five links by lands of the said James Morne Stewart Kirkpatrick Dixon Smythe and David Kennedy part of the said purchased landsso conveyed as aforesaid to the commencing point aforesaid, All that piece or parecl cf land containing by admeasurement five acres be the same more or less situated in the county of Bathurst in the said Colony being part and parcel of that part of the Walmer Estate conveyed to the said James Hore Stewart David Kennedy and Kirkpatrick Dixon Smythe and which ultimately was vested in the said Samucl Benny Sergeant Commencing at a point on the western side of a road called Macquarie- street fifty-five chains seventy- seven links from the Ophir Road and bounded on the east by Macquarie-strect aforesaid by a line south five chains twenty-nine Inks on the south by a line west nine chains sixty-five links by the land purchased by Mr. Robert Rac on the west by a line north five chains twenty-nine links dividing it from the Mount Pleasant Estate and on the north by a line east nine chains sixty- five links dividing it from land purehased by Mr. Kenneth Price to the commencing point aforesaid. 18. All that allotment or parecl of land in the said Colony containing by admeasurement two rocds and situated in the town parish and county of Bathurst aforesaid allotment number twelve of section number eighteen Commencing at the south-cast corner of allotment number thirteen and bounded "northerly by a line dividing it from that allotment bearing west forty-one and a half degrees south two chains fifty rinks w esterly by a line dividing it from part of allotment number ten bearing south forty. eight and a half degrees east two chains southerly by a line dividing it from allotment number eleven bearing east forty-one and a half degrees north two chains fifty links and easterly by a line dividing it from Durham-strect 'bea wing north forty-eight and a half degrees west two chains to the south-cast corner of allotment number thirteen aforesaid "being the allotment sold as lot twelve in pursuance of the advertisement of the twenty-eighth day of March one thousand cight hundred and forty. 19, All that piece or parcel of land being part and parcel of allotment number cleven of section number eighteen containing by admeasurement thirty- two pere ches more or less situated in the town "parish and county of Bathurst aforesaid Commencing at the south-cast corner of allotment number twelve and bounded southerly by a line dividing it from that allotment bearing west forty-one and a half degrees south two chains filty links westerly by a line dividing it from part of allotment number ten bearing south Sorty-cight and a half degrees east one chain fifteen links southerly by a line dividing it from part of allotment mumbe 'y eleven bearing cast forty-seven degrees north two chains fifty-three links to Durham-strect being distant from Rankin-strect w esterly along Durham-street aforesaid one chain fifty-five links and casterly by a line dividing it from Durham-strect bearing north forty-eight and a half degrees west forty-five links to the south-cast corner of allotment number twelve as aforesaid, 20. All that picee or parcel of land siiuate in the town parish and county of Bathurst aforesaid Commencing at the south-west corner of allotment number eleven of section number thirty-one and bounded easterly by a line bearing north one hundred and thirty-two feet dividmg it from that allotment northerly bya line bearing west forty-one fect and six inches dividing it from part of allotment number twelve westerly by a line bearing south one hundred and thirty-two feet dividing it from part of allotment number ten and southerly by a line bearing cast forty-one fect and six inches dividing it from George-street to the commencing point aforesaid. 21. All that allotment or parcel of land containing by admeasurement two roods De the same more or less situated in the town of Bathur st parish. of Bathurst and county of Bathurst being allotment number ten of section number sixty-nine Commencing on the north-castern side of Lambert-strect at the south corner of allotment number nine and bounded on the north-west by the south-castern boundary of that allotment being a line north-easterly at right angles to Lambert-strect five chains on the north-east by a line south-casterly parallel to Lambert-street one chain on the south-east by a Vine south- westerly at right angles to the north-eastern boundary five chains to Lambert-strect and on 46' VIC. 1883, Rotton's Estate. on the south-west by one chain of the north-eastern side of Lambert-strect north-westerly to the south corner of allotment number nine aforesaid being the land sold as lot thirty- one in pursuance of the proclamation of the twenty-seventh July one thousand eight hundred and fifty-five. 22. All that allotment or parcel of land containing by admeasurement two roods be the same more or less situated in the town of Bathurst parish of Bathurst and county of Bathurst being allotment number sixteen of section number sixty-nine Commencing on the south-western side of Piper-street at the north corner of allotment number fifteen and bounded on the south-east by the north-western boundary of that allotment being a line south-westerly at right angles to Piper-street five chains on the south-west by a line north- westerly parallel to Piper-street one chain on the north-west by a line north-easterly at right angles to the south-western boundary five chains to Piper-street and on the north- east by one chain of the south-west side of Piper-street south-easterly to the north corner of allotment number fifteen aforesaid being the land sold as lot thirty-two in pursuance of the proclamation of the twenty-seventh of July one thousand eight hundred and fifty-five. 23. All that piece or parcel of land containing by admeasurement two roods thirty-two perches situated in the town of Bathurst vol. xxvrit folio 84. 24, All that piece or parcel of land containing by admeasurement one acre and thirty perches town of Bathurst vol. cxcr folio 247. 25. All that piece or parcel of land containing by admeasurement one acre and thirty-one perches town of Bathurst vol. rx11 folio 64. 26, All that piece or parcel of land containing by admeasurement two hundred and two acres be the same more or less situated in the parish of Jedburgh county of Roxburgh vol. cxxvi folio 31. 27. All that piece or parcel of land containing by admeasurement thirty-three acres be the same more or less situated in the parish of Bracebridge county of Bathurst vol. xiv folio 5. 28. Also all that picce or parcel of land containing by admeasurement one hundred acres be the same more or less situated in the parish of Malmsbury county of Bathurst being the land comprised in Crown Grant vol. ccccixxxvit folio 71. 29, All that piece or parcei of land containing by admeasurement forty acres be the same more or less situated in the parish of Parfleet county of Bathurst portion thirteen being the land described in Crown Grant vol. cccxce folio 40. 30. All that piece or parcel of land containing by admeasurement sixty acres parish of Parfleet county of Bathurst portion fourteen being the land described in Crown Grant vol. pxxviri folio 180. 31. All that piece or parcel of land containing by admeasurement one hundred acres parish of Winburn county of Roxburgh 244/89. 32. All that piece or parcel of land containing by admeasurement two acres situated in the county of Westmoreland parish of Irene portion thirty described in Crown Grant vol. coccx1 folio 108. 33. And all that piece or parcel of land containing by admeasurement two acres county of Westmoreland parish of Irene portion number thirty-one being land deseribed in Crown Grant vol. cccext folio 109. 34, All that parcel of land at Kelso in the county of Roxburgh part and parcel of the parcel of land known as Read's grant and containing by admeasurement thirteen acres and three roods more or less and described as follows that is to say Commencing on the east bank of the Macquarie River and bounded on the north-west by a line easterly twelvo chains and eighty-eight links on the north-east by a line southerly eleven chains fifty- eight links on the south-east by a line westerly nine chains and eighty-two links to the Macquarie River and by that river downwards to the point of commencement. 35. All that allotment or parcel of land containing by admeasurement two roods be the same more or less situated in the town of Wellington parish of Wellington county of Wellington being allotment number nine of section number eleven Commencing at the north-west corner of allotment number eight and bounded on the north by a live bearing west one chain dividing it from Swift-strect on the west by a line bearing south five chains dividing it from allotment number ten on the south by a line bearing east one chain dividing it from allotment number sixteen and on the east by a line bearing north five chains dividing it from allotment number eight to the north-west corner of the same as aforesaid Being the allotment sold as lot ninety-five in pursuance of the proclamation of the third August one thousand cight hundred and forty-eight. 36. All that piece or parcel of land containing by admeasurement two roods be the same more or less situated in the town of Wellington parish of Wellington county of Wellington being allotment number two of section number eleven Commencing at the south-east corner of allotment number three and bounded on the north by a line bearing west two chains dividing it from that allotment on the west by a line bearing south two chains fifty links dividing it from part of allotment number twenty on the south by a line bearing east two chains dividing it from allotment number one And on the east by a line bearing north two chains fifty links dividing it from Arthur-street to the south- east corner of allotment number three as aforesaid being the allotment sold as lot number ninety-one in pursuance of the proclamatior of third August one thousand eight hundred and forty-cight. 37. All that allotment or parcel of land containing by adineasurement two roods be the same more or less situated in the town of Wellington parish of Wellington county of 1883. 46° VIC. Rotton's s Estate. of Wellington being allotment number three of section eleven Commencing at the south- cast corner of allotment number four and bounded on the north bya line bearing west two chains dividing it from that allotment on the west bya line bearing south two chains fifty links dividing | it from part of allotment number five on the south 'by a line bearing east two chains div iding it from allotment number two and on the east by a line bearing north two chains fifty Nuks dividing it from Arthur-street to the south-east corner of allotment number four as aforesaid being the allotment sold as lot ninety-two in' pursu- ance of the proclamation of third August one thousand cight hundred and forty-cight. 38. All that allotment or parcel of land containing by admeasurement two roods be the same more or less situated in the village of Careoar parish of Errol county of Bathurst being allotment number twelve of section number eixteen Commencing at the north-east corner of allotment number seven and bounded on the east by a line bearing north five chains dividing it from allotments numbers ten and eleven on the north by a line bearing west one ch: vin dividing it from Rodd-street on the west by a line bearing south five chains dividing it from allotment number thirteen and on the routh hy a line bearing east one chain divi ding it from allotment numbcr seven to the north-cast corner of the same as aforesaid being the allotment sold as lot seventy-three in pursuance of the proclamation of twelfth May one thousand cight hundred and forty-seven. 39. All that allotment or parcel of land containing by admeasurement two roods be the same more or less situated in the village of Careoar parish of Errol county of Bathurst being allotment number thirteen of section number sisteen Commencing at the north- cast corner of allotment number six and bounded on the east by a line bearing north five chains dividing it from allotment number twelve on the north by a line bearing west one chain dividing it from Rodd-street on the west by a line bearing south five chains dividing it from allotment number fourteen and on the south by a line bearing east one chain dividing it from allotment number six to the north-east corner of the same as aforesaid being the allotment sold as lot seventy-four in pursuance of the proclamation of the twelfth May one thousand eight hundred and forty-seven. 40. All that allotment or parcel of land containing by admeasurement two roods more or less situated in the village of Carcoar parish of Errol county of Bathurst being allotment number sixteen of section number sixteen Commencing at the'north-east corner of allotment number three and bounded on the east by a line bearing north five chains dividing it from allotment number fifteen on the north by a line bearing west one chain diy iding it from Rodd-street on the west by a line bearing south five chains dividing it from allotment number seventeen and on 'the south by a line bearing east one chain dividing it from allotment number three to the north-east corner of the same as aforesaid Being the allotment sold as lot seventy-seven in pursuance of the proclamation of twelfth May ¢ oue thousand eight hundred and forty-seven. 41. All that allotment or parcel of land containing by admeasurement two roods be the saine more or Jess situated in the village of Carcoar parish of Errol county of Bathurst being allotment numberscventeen of section number sixteen Commencingat the north-east corner of allotment number two and bounded on the east by a line bearing north five chains dividing it from allotment number sixteen on the north by aline bearing west one chain dividing it from Rodd-street on the west by a line bearing south five chains dividing it from. allotments numbers eighteen and nineteen and on the south by a line bearing: east one chain dividing it from "allotment number two to the north-east corner of the same as aforesaid Bemg the allotment sold as lot seventy-eight in pur- suance of the proclamation of twelfth "May one thousand cight hundred and forty-seven, 42. All that parcel of land portion of the said Saltram Estate containing by almeasurement two roods or thereabouts being allotment number three of section two in the township of Eglinton Commencing at the north-cast corner of allotment number two in the same seetion and bounded on the north by a line running easterly one chain along Wellington-street on the cast by a line running southerly along the western boundary of the parcel of land next hereinafter particularly described five chains thenee on the south by a line running westerly along the northern boundary of allotment number cighteen in the same section one chain thence on the west by a line running northerly along the eastern boundary of the said allotment number two to the point of commencement. All that parcel of land other portion of the said Saltram Estate in the township of Eglinton aforesaid containing by admeasurement two roods or thereabouts being allotment number four of scetion number two aforesaid Commencing at the north-east corner of the allotment lastly hereinbefore particularly described and bounded on the north by a line running easterly along Wellington-strect aforesaid one chain thence on the east by a line running southerly 'along the western boundary of allotment number five in the same scction five chains thence on the south by a line running westerly along the northern boundary of allotment number seventeen in "the same section one chain and thence on the west by a lin» running northerly along the castern boundary of the pareel of land lastly hereinbefore described five chains to the point of commencement. All that parcel of land other portion of the said Saltram Estate in the said town- ship of Eglinton containing by admeasurement two roods or thereabouts being allotment number seven of scetion number two aforesaid Commencing at the south-cast corner of allotment number six in the same section and bounded on the east by a lino running southerly along Rankiu-street one chain thence on the south by a line running westerly 46° VIC, 1883. Rotton' s Estate. westerly along the northern boundary of the parcel of land next hereinafter particularly described five chaing thence on the west by a line running northerly along a part of ithe eastern boundary of allotment five in the same section one chain thence on the north by a line running easterly along the southern boundary of the said allotment number six of the same section five chains to the point of commencement. All that parcel of land other portion of the said Saltram Estate containing by admeasurement two roods or thereabouts being allotment number eight of section number two in the township of Eglinton aforesaid Commencing at the south-east corner of the parcel of land lastly hereinbefore particularly described and bounded on the cast by a line running southerly along Rankin-street aforesaid one chain thence on the south by a line running westerly along' the northern boundary of allotment number nine in the same section five chains thence on the west by a line running northerly along » part of the eastern boundary of the said allotment number five in the same section one chain thence on the north by a line running easterly along the western boundary of the parcel of Jand lastly hereinbefore particularly described five chains to the point of commencement. All that parcel of land other portion of the said Saltram Estate containing by admeasurement two roods or thereabouts being allotment number nine of section number eight in the said township Commencing at the south-west corncr of allotment number eight i in the same section and bounded on the south ,by a line running westerly along Wellington- street one chain thence on the west by a line running northerly along the eastern boundary of the parcel of land next hereinafter particularly described five chains thence on the north bya line running easterly along the southern boundary of allotment number two one chain thence on the east by a line running southerly along the western boundary of allotment number eight in the same section five chains to the point of commencement. All that parcel of land other portion of the said Saltram Estate containing by admeasurement two roods or thereabouts being allotment number ten of section number eight in the township aforesaid Commencing at the south-west corner of the parcel of land lastly hereinhefore particularly deseribed and bounded on the south by a line running westerly along Wellington-street one chain thence on the west bya line running nor therly along Rankin-street five chains thence on the north by a line running easterly along the southern boundary of allotment number cne in the same section one chain and thenee on the east by a line running southerly along the western boundary of the pareel of land lastly hereinbefore particularly described five chains to the point of commencement. 43, All that piece or parcel of land containing by admeasurement forty acres be the same more or less situated in the county of Roxburgh and parish of Eusdale at the Dairy Station near the head of Eusdale Creek ommeneing at the north-west corner at Eusdale Creck at a point bearing south thirteen degrees ten "minutes west and distant twenty-four chains sixty-five links from the south-west corner of William Lawson's eight hundred and forty-eight acres purchase and bounded on the north by a line bearing cast eighteen chains eighty- five links on the cast by a line bearing south thirty-three chains ten links on the south by a line bearing west eleven chains for ty-five links on the west in part by a line bearing north thirteen chains ten links to a marked gum-tree and thence on the west and south-west by the said creek upwards to the north-west corner aforesaid Being the land sold as lot thirty-tive in pursuance of the proclamation of cighteenth August one thousand eight hundred and fifty-three. 44. All that allotment or parcel of land situate in the township of Hastings South parish of county of Macquarie in the Colony of New South Wales being allotment number thirty-four of section number forty-three Commencing at a point on the shore of the Hastings River being the most southerly point of allotment number thirty-three and bounded on the north- "east by that allotment being a line bearing north- westerly two hundred and ninety feet on the north-west by Hastings-street being a lino bearing south-westerly thirty-two feet On the south-west by allotment number thirty- five being a line bearing south-casterly two hundred and ninety feet and on the south- east by the river Hastings aforesaid to the point of commencement. 45. All that allotment or parcel of land situate in the township of Hastings East parish of county of Macquarie in the Colony of New South Wales being allot- ment number forty of section number twenty-seven Commencing in Fitz- Roy-street at the south-west corner of allotusent number thirty- nine and bounded on the east by that allotment being a line bearing north two hundred and ninety fect On the north by a reserved lane being a line bearing west thirty-two feet On the west by a reserve being a line bearing south two hundred and ninety-feet to the said street and on the south by the said street being a line bearing east thirty- two feet to the point of commencement. 45, All that allotment or parecl of land situate in the township of Hastings South parish of county of Macquarie in the Colony of New South Wales being dlotment number fifty-six of 'section number tw enty-seven Commencing in Bligh- street at the north-cast corner of allotment number fifty-five and bounded on the west by that allotment being a line bearing south two hundred and ninety feet On the south by a reserved lane being a line bearing cast thirty-two feet On the east by allotment number fifty-seven being a line bearing north two hundred and ninety fect to the said street and on the north by the said street being a Iine bearing west thirty-two feet to the point of commencement. 47. 1883. 46° VIC. Rotton's Estate. 47, All that allotment or parcel of land situate in the township of Iasitngs East parish of county of Macquarie in the Colony of New South Wales being allotment number eighteen of section number thirty-two Commencing in Victoria-strect at the south-west corner of allotment number seventeen and bounded on the east by that allotment being a line bearing north two hundred and ninety feet On the north by a reserved lane being a line bearing west thirty-two feet on the west by allotment number nineteen being = a line bearing south two hundred and ninety feet to the said strect and on the south by the said street being a line bearing cast thirty-two feet to the point of commencement. 48. All that piece or parcel of land containing by admeasurement two hundred acres be the same more or less situated in the county of Westmoreland and parish of at Blaxland's Swamp and bounded on the north by Cox's River on the east by part of Marsden's six hundred acres being a line south forty-seven chains from Cox's River on the south by a line west forty. -five chains to Blaxland's Sw: amp and on the west by the water-course of the swamp being the land promised to the late William Orel on or before the date above mentioned and granted to John Ford in accordance with the report on case number five hundred and five made on the fifth day of December one thousand eight hundred and_ thirty-nine by the Commissioners appointed under the Act of the Colonial Legislature fifth W 'illiam Fourth number twenty-one. 49. All that piece or parcel of land containing by admeasurement six acres and one rood be the same more or less situated in the county of Roxburgh and parish of Kelso town of Kelso allotment number seven of land formerly Blackman' 8 cishty acres Commencing at the southernmost corner of allotment number five and bounded southerly by a line bearing west thirty degrees south ten chains dividing it from a road of fifty links wide westerley by a "line" bearing north twenty-nine and a half degrees west six chains twenty-five Jinks dividing it from allotment number nine northerly by a line bearing cast thirty degrees north ten chains dividing it from Jand originally promised to Abbott casterly by a Tine bearing south twenty-nine and a half degrees cast six chains twenty five links dividing it from allotment number five to the southernmost corner of the same as aforesaid being the land sold as lot fourteen in pursuance of the proclama- tion of twelfth December one thousand eight hundred and forty-six. 50. All that piece or parcel of land situate lying and being in the county of Roxburgh and township of Kelso in the Colony of New South W: ales and abutted and bounded as follows that is to sayon the west by the Macquarie River five chains and two perches on the north by Stephen. strect on the east by lands of the said John Ford and on the south by lands of the Reverend John Espie Keene reserving to the said Sydney Stephen his 'heirs and assigns a road to be ealled Ford-street through the said land of two perches in width from. Stephen-street to the land of the said John Espie Keene so as to form a communication between the last-mentioned street and the public road leading to Bathurst. 51. All that piece or parcel of land containing by admeasurement ten acres be the same more or less situated in the county of Cook and parish of at Solitary Creek and bounded on the south by a lme west ten chains fifty links from the new Bathurst Road to Solitary Creek on the west by that ereek to the yond and on the north-east by the road being the land promised to John Ford on or before the eleventh day of March one thousand cight hundred and thirty-one and of which he was authorized to take possession on twenty-third April one thousand eight hundred and thirty-one as a special grant for the purpose of creeting an inn 'thereon being also the land advertis cd in his name as number five hundred and thirty-three in "the Government notice dated first August onc thousand cight hundred and thirty-nine. 52. All that allotment or piece of land in our said territory containing by admeasurement two roods be the stme more or less situated in the town of Bathurst parish of Bathurst county of Bathurst being allotment number three of section number thirty-nine Commencing on the south-cast side of Stewart-street at the westernmost corner of allotment number two and bounded on the north-cast by the south-western boundary of that allotment being a line south-easterly at right angles to Stewart-strect two chains on the south-east by a line south-westerly parallel to Stewart-strect two chains fifty links on the south-w est by a line north-westerley at right angles to the south- eastern boundary two chains to Stewart-strect and on the north- west by two chains fifty links of the south-east side of Stewart-strect north-casterly to the Wwesternmost corner of allotment number two aforesaid being the allotment sold as lot number forty- three in pursuance of the proclamation of tw entieth July one thousand eight hundred and fifty-four with all the rights and appurtenances whatsoever thereto belonging. 53. All that allotment or parecl of land in our said territory containing by admeasurement two roods be the same more or less situated in the town of Bathurst parish of Bathurst county of Bathurst being allotment number two of section number thirty-nine Commencing on the south-east side of Stewart-strect at the westernmost corner of allotment number one and bounded on the north-cast by the south-western boundary of that allotment being a line south-casterly at right angles to Stewart-street two chains on the south-cast by a Tine south-westerly parallel to Stewart-street two chains fifty links on the south-west by a line north. westerly at right angles to the south- eastern boundary two chains to Stewart-street and on the north-west by two chains fifty il 4.6° VIC. 1883. Kiama Tramway. fifty links of the south-east side of Stewart-street north-easterly to the westernmost corner of allotment number one aforesaid being the allotment sold as lot forty-two in pursuance of the proclamation of twentieth July one thousand eight hundred and fifty-four with all the rights and appurtenances whatever thereto belonging Also all other lands belonging to the estate of the said Henry Rotton which are not hereinbefore specially mentioned except a frechold estate near Moruya known as Mynora devised by the said Henry Rotton to his daughter Caroline Mary Keightley.