New South Wales: The Bulli Coal Mining Company’s Railway Act 26 Vic (NSW)

An Act to enable the Bulli Coal Mining Company 8 cou, mune to construct a Railway from land near Bulli belonging to the said Company and to connect the same with Bellambi Harbour. [80th Sep- tember, 1862. | HEREAS the Bulli Coal Mining Company incorporated by that Preamble. name by virtue of an Act passed i in the twenty-fifth year of the reign of Her present Majesty Queen Victoria and hereinafter designated "the Company " have opened Coal Mines on land situate near Bulli in the County of Camden and are desirous of constructing a Railway from the said Coal Mines to Bellambi Harbour but as part of such proposed Railway is intended to be made upon and to pass through lands in the said County not belonging to the said Company but believed to be the property of George Somerville John Somerville James Holden James Somerville George Organ Robert Campbell William Campbell Patrick Collins Sarah Salter John Cawley Elizabeth Colleary Thonias Hale and the Crown respectively the same cannot be made without Legislative authority And whereas the said Coal Mines are likely to prove > beneficial to the Colony and the public are concerned in promoting such an increase in the facilities for the supply of Coal for local consumption steam navigation and export as would result from the construction of the said proposed Railway it is therefore desirable to authorize by Legislative enactment the construction of the said Railway subject to the provisions hereinafter contained upon pay- ment of compensation to the several parties through whose lands the same shall pass for such portions of their respective lands as may be required to be occupied thereby 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. Authority to con- struct Railway and to connect the same with Bellambi Harbour. Power to continue Railway to deck or harbour works. Lands vested in the Company without conveyance, Railway open to the public. 26° VIC. 1862. Bulli Coal Mining Company's Railway. 1. It shall be lawful for the Company to make and construct a Railway from the land belonging to the Company through lands granted by the Crown to George Somerville Cornelius O'Brien Farrell Cuffe Thomas Wharton Robert Westmacott Alexander Elliott Michael Brennan Patrick Callaghan John Kelly and Harriet Spearing and now believed to be the propertics of the several persons mentioned in the Preamble of this Act and also through Crown Lands and to take and use so much of the said lands as the said Company may require for the purposes of such Railway in the line described in the Schedule hereto not excecding in any part thereof a greater space in breadth than sixty-six fcet including the supports abutments and foundations of the said Railway Provided that the Railway shall be constructed and brought into use within the term of five years from the passing of this Act. 2. It shall be lawful for the Company either in substitution for some portion of the Railway by the first section of this Act authorized to be made or in addition to the said Railway to make and continue a Railway through land known as the Bellambi Estate or Village and believed to be the property of Thomas Hale for the purpose of connect- ing the Railway and works of the Company with any public dock or harbour works which may hereafter be constructed at Bellambi and to take and use so much of the said lands as the said Company may require not exceeding in any part thereof a greater space in breadth than sixty-six feet including the supports abutments and foundations of the said Railway Provided that before such last-mentioned work shall be commenced to be made a plan and section thereof shall be laid before and approved by the Governor and Exccutive Council. 3. So much of the lands of the said owners or other persons as shall be taken or used by the Company under the provisions of this Act for the purpose of the Railway with such right of ingress egress and regress upon the adjacent lands as may be necessary for the making and repair of the said Railway shall by virtue of this Act and without the necessity of any conveyance be vested in the Company Provided that if in the exercise of the powers hereby granted it be found necessary to cross cut through raise sink or use any part of any road whether carriage road or horse road so as to render it impassable for or dangerous or inconvenient to the persons entitled to the use thereof the Company shall before the commencement of any such opera- tions cause a sutficient road to be made instead of any road interfered with and shall at their own expense maintain such substituted road in a state as convenient as the road interfered with or as nearly as may be and the Company before they use the said lands for any of the purposes aforesaid shall if required so to do separate the same by a sufficient fence from the land adjoining thereto with such gates as may be required for the convenient occupation of such land and shall also to all private roads used by them as aforesaid put up fences and gates in like manner in all cases where the same may be necessary to prevent the straying of cattle from or upon the lands traversed by such roads and in case of any difference between the owners or occupiers of such roads and lands and the Company as to the necessity for such fences and gates such fences and gates shall be put up by the Company as any two Justices of the Peace shall deem necessary for the purposes aforesaid on application being made to them. 4. The Railway and locomotive shall be open to public use upon payment of atoll to the Company of three-pence per ton per mile the party seeking transit supplying and loading his own trucks or waggons and all such trucks when emptied shall be conveyed on their return free of cost. 5. 1862. 26° VIC. 5 Bulli Coal Mining Company's Railway. 5. It shall be lawful for the owners or occupiers of the lands Branch Railways. traversed by the said Railway to lay down upon their own lands any collateral branches of Railway to communicate with the said Railway for the purpose of bringing carriages to or from or upon the said Railway and the Company shall if required at the expense of such owncrs or occupiers make openings in the rails and such additional lines of Railway as may be neccessary for effecting such communication in places where the communication can be made with safety to the public and without injury to the said Railway and without incon- venience to the traffic thereupon and the Company shall not take any rate or toll or other moneys for the passing of any passengers goods or other things along any branch so to be made by any such owner or occeupicr or other person but this enactment shall be subject to the following restrictions and conditions (that is to say)— No such Railway shall run parallel to the said Railway the Company shall not be bound to make any such openings in any place which they shall have set apart for any specific purpose with which such communication would interfere nor upon any inclined plane or bridge nor in any tunnel. The persons making or using such branch Railways shall be subject to all by-laws and regulations of the Company from time to time made with respect to passing upon or crossing the Railway and otherwise and the persons making or using such branch Railways shall be bound to construct and from time to time as need may require to renew the off-set plates and switches according to the most approved plan adopted by the Company under the direction of their Engineer. 6. For the purposes and subject to the provisions hercinafter Power to divert or contained it shall be lawful for the Company their deputies agents "74s. servants and workmen and all other persons by them authorized and empowered to divert or alter the course of any road or way crossing the Railway or to raise or sink any road or way in order the more conveniently to carry the same over or under or by the side of the Railway. 7. If the Company do not cause another sufficient road to be Penalty for not sub- so made before they interfere with any such cxisting road as aforesaid stittting a road. they shall forfeit twenty pounds for every day during which such substituted road shall not be made after the existing road shall have been interrupted and such penalty shall be paid to the trustees com- missioners surveyor or other persons having the management of such road if a public road and shall be applied for the purposes thereof or in case of a private road the same shall be paid to the owner thereof and every such penalty shall be recoverable with costs by action in any of the superior Courts. 8. If in the course of making the Railway the Company shall Road repairs. use or interfere with any road they shall from time to time make good all damage done by them to such road and if aay question shall arise as to the damage done to any such road by the Company or as to the repair thereof by them such question shall be referred to the deter- mination of two Justices and such Justices may direct such repairs to be made in the state of such road in respect of damage done by the Company and within such period as they may think reasonable and may impose on the Company for not carrying into effect such repairs any penalty not exceeding ten pounds per day as to such Justices shall scem fit and any such penalty shall be paid to the surveyor or other person having the management of the road interfered with by the Company if a public road and be applied for the purposes of such youd or if a private road the same shall be paid to the owner thereof Provided Bridges to be con- structed where Rail- way crosses high- Owners and occupiers crossing. Provisions in cases where roads or tramways are crossed on a level. Power to enter upon adjoining lands to repair accidents sul ject to certain res- trictions. 26° VIC. 1862. Bulli Coal Mining Company's Railway. Provided always the said Justices shall have regard to and shall make full allowance for any tolls that may have been paid by the Company on such road in the course of the using thereof. 9. If the line of Railway cross any public highway or parish road then either such road shall be carried over the Railway or the Railway shall be carried over such road by means of a bridge of the height and width and with the ascent or descent by this Act in that behalf hereinafter provided and such bridge with the immediate approaches and all other necessary works connected therewith shall be executed by and be at all times thereafter maintained at the expense of the Company Provided that with the consent of the Governor with the advice of the Executive Council it shall be lawful for the Company to carry the Railway across any highway on the level. 10. Until the Company shall have made the bridges or other proper communications which they shall under the provisions herein contained have been required to make between lands intersected by the Railway and no longer the owners and occupiers of such lands and any other persons whose right of way shall be affected by the want of such communications and their respective servants may at all times freely pass and repass with carriages horses and other animals directly but not otherwise across any part of the Railway made in or through their respective lands solely for the purpose of occupying the same lands or for the exercise of such right of way and so as not to obstruct the passage along the Railway or to damage the same nevertheless if the owner or occupier of any such lands have in his arrangements with the Company received or agreed to receive compensation for or on account of any such communications instead of the same being formed such owner or occupier or those claiming under him shall not be entitled so to cross the Railway. 11. If the Railway cross any public highway parish road or tramway on a level the Company shall erect and at all times maintain good and sufficient gates across such road or tramway on each side of the Railway where the same shall communicate therewith and shall employ proper persons to open and shut such gates and such gates shall be kept constantly closed across such road or tramway on both sides of the Railway except during the time when horses cattle carts or carriages passing along the same shall have to cross such Railway and such gates shall be of such dimensions and so constructed as when closed to fence in the Railway and prevent cattle or horses passing along the road or tramway from entering upon the Railway and the person intrusted with the care of such gates shall cause the same to be closed as soon as such horses cattle carts or carriages shall have passed through the same under a penalty of forty shillings for every default therein Provided always that it shall be lawful for the Secretary for Public Works in any case in which he shall be satisfied that it will be more conducive to the public safety that the gates on any level crossing over any such road or tramway shall be kept closed across the Railway to order that such gates shall be kept so closed instead of across the road or tramway and in such case such gates shall be kept constantly closed across the Railway except when engines or carriages passing along the Railway shall have occasion to cross such road or tramway in the same manner and under the like penalty as above directed with respect to the gates being kept closed across the road or tramway. 12. In case of accidents or slips happening or being apprehended p- to the cuttings embankments or other works of the said Railway it shall be lawful for the Company and their workmen and servants to enter upon the land adjoining thereto at any time whatsoever for the purpose of repairing or preventing such accidents and to do such works as may be necessary for the purpose but in every case the Company shall within forty-eight hours after such entry make a report to the Secretary for 1862. 26° VIC. Bulli Coal Mining Company's Railway. for Public Works specifying the nature of such accident or apprehended accident and of the works 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 adjoining lands as the nature of the accident or apprehended acci- dent will admit of and shall be executed with all possible despatch and full compensation shall be made to the owners and occupiers of such lands for the loss or injury or inconvenience sustained by them respec- tively by reason of such works the amount of which compensation in case of any dispute about the same shall be settled by arbitrators in the manner hereinafter mentioned And provided also that no land shall be taken permanently for any such works otherwise than is herein provided with respect to the lands originally taken for the purpose of making the said Railway. 13. Every bridge to be erected for the purpose of carrying the Railway over any road shall be built in conformity with the following regulations (that is to say)— The width of the arch shall be such as to leave thereunder a elear space of not less than thirty feet if the arch be over a public highway and of twenty fect if over a parish road and of twelve feet if over a private road. The clear height of the arch from the surface of the road shall not be less than sixteen feet for a space of twelve feet if the arch be over a turnpike road and fifteen feet for a spacc of ten feet if over a public carriage road and in each of such cases the clear height at the springing of the arch shall not be less than twelve feet the clear height of the arch for a space of nine feet shall not be less than fourteen feet over a private road. The descent made in the road in order to carry the same under the bridge shall not be more than one foot in thirty fect if the bridge be over a public highway one foot in twenty feet if over a parish road and one foot in sixteen if over a private road not being a tramroad or railroad or if the same be a tramroad or railroad the descent shall not be greater than the ruling gradient of such tramroad or railroad. 14. Every bridge erected for carrying any road over the Rail- way shall be built in conformity with the following regulations (that is to say)— There shall be a good and sufficient fence on each side of the bridge of not less height than four fect and on each side of the immediate approaches of such bridge of not less than three feet. The road over the bridge shall have a clear space between the fences thereof of thirty-five feet if the road be a public highway and twenty-five feet if a parish road and twelve feet if a private road. The ascent shall not be more than one foot in thirty feet if the road be a turnpike road one foot in twenty feet if a parish road and one foot in sixteen feet if a private road not being a tramroad or railroad or if the same be a tramroad or railroad the ascent. shall not be greater than the ruling gradient of such tramroad or railroad. 15. Provided always that in all cases where the average avail- able width for the passing of carriages of any existing road within fifty yards of the points of crossing the same is less than the width hereinbe- Construction of bridges over roads. Construction of bridges over Railroad. The width of the bridges need not exceed the width of the road in certain fore prescribed for bridges over or under the Railway the width of such °*** bridges need not be greater than such average available width of such roads Existing inclination of roads crossed or diverted need not be improved. Works for benefit of owners. Gates bridges &e. Fences. Drains, Watering places. 26° VIC. 1862. Bulli Coal Mining Company's Railway. roads but so nevertheless that such bridges be not of less width in case of a public highway or parish road than twenty feet Provided also that if at any time after the construction of the Railway the average available width of any such road shall be increased beyond the width of such bridge on either side thereof the Company shall be bound at their own expense to increase the width of the said bridge to such extent as they may be required by the trustees or surveyors of such road not exceeding the width of such road as so widened or the maximum width herein prescribed for a bridge in the like case over or under the Railway. 16. Provided also that if the mesne inclination of any road within two hundred and fifty yards of the point of crossing the same or the inclination of such portion of any road as may be required to be altered or for which another road shall be substituted shall be steeper than the inclination hereinbefore required to be preserved by the Company then the Company may carry any such road over or under the Railway or may construct such altered or substituted road at any inclination not steeper than the said mesne inclination of the road so to be crossed or of the road so requiring to be altered or for which another road shall be substituted. 17. The Company shall make and at all times thereafter main- tain the following works for the accommodation of the owners and occupiers of lands adjoining the Railway (that is to say)— Such and so many convenient gates bridges arches culverts and passages over under or by the sides of or leading to or from the Railway as shall be necessary for the purpose of making good any interruptions caused by the Railway to the use of the lands or any streets not diverted under the powers herein contained through which the Railway shall be made and such works shall be made forthwith after the part of the Railway passing over such lands shall have been laid out or formed or during the formation thereof. All sufficient posts rails hedges ditches mounds or other fences for separating the land taken for the use of the Railway from the adjoining lands not taken and protecting such lands from trespass or the cattle of the owners or occupiers thereof from straying thereon by reason of the Railway together with all necessary gates made to open towards such adjoining lands and not towards the Railway and all necessary stiles and such posts rails and other fences shall be made forthwith after the taking of any such lands if the owners thereof shall so require and the said other works as soon as conveniently may be. Also all necessary arches tunnels culverts drains or other pas- sages either over or under or by the sides of the Railway of such dimensions as will be sufficient at all times to con- vey the water as clearly from the lands lying near or affected by the Railway as before the making of the Rail- way or as nearly so as may be and such works shall be made from time to time as the Railway works proceed. Also proper watering places for cattle or compensation in lieu thereof where by reason of the Railway the cattle of any person occupying any lands lying near thereto shall be deprived of access to their former watering places and such watering places shall be so made as to be at all times sufficiently supplied with water as theretofore and as if the Railway had not been made or as nearly so as may be and the said Company shall make all necessary water- courses and drains for the purpose of conveying water to the 1862. 26° VIC. 9 Bulli Coal Mining Company's Railway. the said watering places Provided always that the Com- pany shall not be required to make such accommodation. works in such a manner as would prevent or obstruct the working or using of the Railway nor to make any accom- modation works with respect to which the owners and occupiers of the lands shall have agreed. to receive and shall have been paid compensation instead of the making them. 18. If any person omit to shut and fasten any gate set up at Penalty on persons either side of the Railway for the accommodation of the owners or cates fo Tasten occupiers of the adjoining lands so soon as he and the carriage cattle or other animals under his care have passed through the same he shall forfeit for every such offence any sum not exceeding ten pounds. 19. The Company shall not be entitled to any mines of coal Minerals not to pass, ironstone slate or other minerals under any land vested in them by virtue of this Act except only such parts thereof as shail be necessary to be dug or carried away in the construction of the works hereby authorized. 20. If within tw énty- eight days after the passing of this Act Compensation the persons through whose 'lands the Railway shall pass or any of "*"** them and the Company shall not agree as to the amount of compen- sation to be paid by the Company 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 hercin- after mentioned (that is to say) Unless both parties shall concur in the appointment of a single Appointment of arbitrator cach party on the request of the other par rty arbitrators. shall nominate and appoint an arbitrator to whom such dispute or other matter shall be referred and every appointment of an arbitrator shall be-executed by such party and such appointment shall be delivered to the arbitrator or arbitrators and shall be deemed a submission to arbitration on the part of the party by whom the same shall be made and atter any such appointment shall have been made neither party shall have power to revoke the same without the consent of the other nor shall the death of either party operate as a revocation and if for the space of fourteen days after any such dispute or other matter shall have arisen and after a request in writing shall have been served by the onc party on the other party to appoint an arbitrator such last-mentioned party 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 party who has himself appointed an arbitrator to appoint such arbitrator to act: on behalf of both 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. 21. If before the matter so referred shall be determined ANY Vacancy in arbi- arbitrator appointed by cithcr party shall die or become incapable or 'tion tobesupplied. refuse or for fourteen days neglect to act as arbitrator the party 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 other party for that purpose he fail to do so the remaining or other arbitrators may proceed alone and every arbitrator so to be substituted as aforesaid shall hare the same powers and authorities as were vested in the former arbi- trator at the time of such his death refusal neglect or disability as aforesaid. 22. b Appointment of - umpire. Attorney General to appoint umpire on neglect. In case of death of single'arbitrator the matter to begin de novo, If either arbitrator refuse to act the other to proceed ex parte. If arbitrators fail to make their award within twenty-one days the matter to go to the umpire. Powers of arbitrators to call for books &e. Arbitrator or umpire to make a declara- tion for faithful dis- charge of duty. Penalty for mis- conduct. Cost of arbitration how to be borne. 26° VIC. 1862. Bulli Coal Mining Company's Railway. 22. Where more than one arbitrator shall have been appointed such arbitrators shall before they enter upon the matters referred to them nominate and appoint by 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 this Act and if such umpire shall die or refuse or for seven days neglect to act after being called upon to do so by the arbitrators they shall forthwith after such death refusal or neglect appoint another umpire in his place and the decision of every such umpire on the matters so referred to him shall be final. 23. If in either of the cases aforesaid the arbitrator shall refuse or for seven days after request of either party to such arbitration neglect to appoint an umpire it shall be lawful for the Attorney General for the time being on the application of either party to such arbitration to appoint an umpire and the decision of such umpire on the matters on which the arbitrators shall differ or which shall be referred to him under this Act shall be final. 24. If when a single arbitrator shall-have been appointed such arbitrator shall die or become incapable or shall refuse or for fourteen days neglect to act before he shall have made his award the matters referred to him shall be determined by arbitration under the provisions of this Act in the same manner as if such arbitrator had not been appointed. 25. If where more than one arbitrator shall have been appointed either of the arbitrators shall refuse or for seven days neglect to act the other arbitrator may proceed alone and the decision of such other arbitrator shall be as effectual as if he had been a single arbitrator appointed by both parties. 26. If where more than one arbitrator shall have been appointed and where neither of them shall refuse or neglect to act as aforesaid such arbitrators shall fail to make their award within twenty-one days after the day on which the last of such arbitrators shall have been appointed or within such extended time (if any) as shall have been appointed for that purpose by both of such arbitrators under their hands the matters referred to them shall be determined by the umpire to be appointed as aforesaid. 27. The said arbitrators or their umpire may call for the pro- duction of any documents in the possession or power of either party which they or he may think necessary for determining the question in dispute and may examine the parties or their witnesses on oath and administer the oaths necessary for that purpose. 28. Before any arbitrator or umpire shall enter into the con- sideration of any matters referred to him he shall in the presence of a Justice of the Peace make and subscribe the following declaration (that is to say)— I A. B. do solemnly and sincerely declare that I will faithfully and honestly and to the best of my skill and ability hear and determine the matters referred to me under the provisions of the Bulli Coal Company's Railway Act. Made and subscribed A.B in the presence of —_ and such declaration shall be annexed to the award when made and if any arbitrator or umpire having made such declaration shall wilfully act contrary thereto he shall be guilty of a misdemeanor. 29. All costs of any such arbitration and incident thereto to be settled by the arbitrators shall be borne by the Company unless the arbitrators shall award the same or a less sum than shall have been offered by the Company in which case each party shall bear his own costs incident to the arbitration and the cost of the arbitrators shall be borne by the parties in equal proportions unless the amount awarded shall 1862. 26° VIC. 11 Bulli Coal Hining Company's Railway. shall be one-fourth less than the amount claimed in which case the whole costs shall be paid by the claimant Provided that if either party shall be dissatisfied with the costs allowed by the arbitrators as aforesaid the costs may be taxed by the Prothonotary or other proper officer of the Supreme Court and the amount allowed by such officer shall be the amount of costs to be paid. , 30. The arbitrators shall deliver their award in writing to the Award to be deliver- Company who shall retain the same and shall forthwith on demand at ° tthe Company. their own expense furnish a copy thereof to the other party and shall at all times on demand produce the said award and allow the same to be inspected or examined by such party or any person appointed by him for that purpose and the amount awarded shall be paid within sixty days after the publication of such award. 31. The submission to any such arbitration may be made a rule Submission may be of the Supreme Court on the application of either of the parties. made a rale of Court. 32. No award made with respect to any question referred to Award not void arbitration under the provisions of this Act shail be set aside for {mush crrerin irregularity or error in matter of form. 33. The Company shall make compensation and satisfaction to Compensation for be ascertained and recovered in case of difference in the manner nent or necbesine. hereby provided for temporary permanent or recurring injury and all injuries. other damage loss costs charges and inconvenience which may in any wise be occasioned to the said owners or occupiers by the non-per- formance by the said Company of any of the matters and things hereby required to be performed by them or otherwise. 34. In every case where the Company shall take temporary Compensation io be possession of lands by virtue of the powers hereby granted it shall be coarato Oey incumbent on them within one month after their entry upon such lands : upon being required so to do to pay to the occupier of the said lands the value of any crop or dressing that may be thereon as well as full compensation for any other damage of a temporary nature which he may sustain by reason of their so taking possession of their lands and they shall also from time to time during their ocewpation of the said lands pay half-yearly to such occupier or to the owner of the lands as the case may require a rent to be fixed by two Justices in case the parties differ and shall also within six months after the completion of the Railway pay to such owner and occupier or deposit in the Bank for the benefit of all parties interested as the case may require com- pensation for all permanent or other loss damage or injury that may have been sustained by them by reason of the exercise as regards the said lands of the powers hereby granted including the full value of all clay stone gravel sand and other things taken from such lands. 35. The following words and expressions in this Act shall have Interpretation the meaning hereby assigned to them unless there be something either in the subject or context repugnant to such construction The word * Railway" shall mean the Railway hereby authorized to be constructed the word "Justice" shall mean Justice of the Peace in and for the territory of New South Wales and where any matter shall be authorized or required to be done by "two Justices" the expression " two Justices"? shall mean two Justices assembled and acting together in Petty Sessions and where under the provisions of this Act any notice shall be required to be given to the owner of any land or where any Act shall be authorized or required to be done with the consent of any such owner the word " Owner"' shall be understood to mean any person or corporation who under the provisions of this Act would be able to sell land to the Company. 36. This Act shall be styled and cited as the " Bulli Coal Short title. Mining Company's Railway Act." The 26° VIC. 1862. Newcastle Church Land Sale. The SCHEDULE hereinbefore referred to. Commencing at a point on the eastern boundary of the Company's property and proceeding thence in an easterly direction through lands belicved to belong to George and John Somerville a distance of nineteen chains eighty-five links or thereabouts to the eastern boundary of the said lands thence in a south-casterly direction through open swampy land believed to belong to John Somerville a distance of thirty chains seventy-five links or there- abouts where it crosses the Parish road from Bulli to Wollongong thence in the same direction a further distance of six chains forty-five links or thereabouts to the southern boundary of the said John Somerville's property thence in the same direction through lands believed to belong to James Holden a distance of nineteen chains ninety links or thereabouts to the southern boundary of the said lands thence in the same direction through land believed to belong to James Somerville a distance of twenty-nine chains twenty-five links or thereabouts to the southern boundary of the said lands thence in the same direction through land believed to belong to George Organ a distance of thirteen chains seventy-five links or thereabouts to the southern boundary of the said lands thence in a southerly direction through land believed to belong to Robert Campbell and William Campbell a distance of twenty-one chains sixty- five links or thereabouts to the southern boundary of the said land thence in the same direction through land believed to belong to Patrick Collins a distance of twenty-five chains eighty-five links or thereabouts to the southern boundary of the said lands thence in the same direction through lands believed to belong to Sarah Salter a distance of twenty-six chains or thereabouts to the southern boundary of the said land thence in the same direction through land believed to belong to John Cawley a distance of fifteen chains forty links or thereabouts to the southern boundary of said land thence in the same direction crossing Hale's tramway through land believed to belong to Elizabeth Colleary to the southern boundary of the said lands thence in a similar direction through Jands believed to belong to John Carley to Bellambi Creck the southern boundary of said lands thence in an easterly direction twice crossing Hale's tramway a distance of forty-four chaips fifty links or there- abouts through lands believed to belong to Thomas Hale to the waters of Beilambi Harbour thence in a northerly dircction a distance of nine chains fifty links or thereabouts into Bellambi Harbour.