Osborne's Leasing Act 1881 45 Vic (NSW)

An Act to enable the Trustees of the will Of osx: tess. Henry Osborne deceased to grant building = and mining leases for ninety-nine years. [Ath October, 1881.] ITEREAS Henry Osborne late of Marshall Mount in the District Preamble. of Illawarra Esquire being at the time of his death scised and possessed of (amongst other lands) the lands and hereditaments described in the schedule hereto duly made and executed his last will and testament in writing bearing date the thirtieth day of December one thousand eight hundred and fifty-eight whereby after certain bequests and deviscs not matcrial to be here set forth devised unto his sons Henry Till Osborne Patrick Hill Osborne Alick Osborne Benjamin Marshall Osborne and John King Osborne the trustecs of his will all his lands situated in the county of Northumberland in the said Colony containing about two thousand eight hundred acres Also all the moiety or share purchased by him from Mr. Hale in land on the west side of the Bulli road Also the whole of the land containing forty-eight acres situate in the district of Bulli lately purchased by him from Hicks Also the fifty-one acres of land situate in the said district lately purchased by him from Orgam Also the five hundred and fifty-seven acres of land situate in the said district lately purchased by him from Caunt Also the land lately bought by him of Mr. Henning Also all those one hundred and sixty-seven acres two roods and fifteen perches lately purchased by him from James Collins but not then conveyed to him And also all his property on the Bulli Mountain comprising six hundred and fourteen acres purchased by him in several allotments from the Crown all of which parcels of Iand are described in the Schedule to this Bill together with the railways plant machinery and fixtures or parts and shares of railways plant machinery and fixtures thercto belonging And the henefit of all leases of any portions of the said land and the covenants therein contained and the right of pre-emption of the residue of any lands or share or moiety whereof was thereby devised to 45° VIC. 1881. Osborne's Leasing. his said Trustees and particularly with respect to land in which he was jointly interested with Mr. Hale To hold unto and to the use of his said sons Henry Hill Osborne Patrick Hill Osborne Alick Osborne Benjamin Marshall Osborne and John King Osborne their heirs and assigns upon trust that his said sons or the survivors or survivor of them or the heirs of such survivor their or his assigns or other the Trustees or Trustee for the time being of his will should during the lives of all his sons and daughters except his sons James and Francis to whom he had given his Mount Keira property and the lives and life of the survivors and survivor of them demise and lease or join in demising and leasing the said several lands or parts or shares of land thereinbefore devised to his said Trustees or any of the said lands or such part or parts thereof as they might deem advisable for any term or terms of years not exceeding twenty-one years in possession at the best rent that could be obtained and without taking any premium therefor as well for the purposes of mining for coal or other minerals as for farming and other purposes and subject to such conditions and reservations as they or he should think fit And he directed that during the lives of all his sons and daughters (except his said sons James 'and Francis) and the lives and life of the survivors and survivor of them his said Trustees or Trustec should pay the annual rents proceeds dues and profits to arise from the said lands or parts or shares of lands to and amongst all and every his sons and daughters except his said sons James and Francis who should be alive and the executors or administrators of such of them except his said sons James and Francis as should happen to die the representatives of any deceased son or daughter to receive the part or share which such son or daughter if living would be entitled And from and after the decease of all his said sons and daughters except his said sons James and Francis he declared that his said Trustees or Trustec should stand scised of the said several parcels of land and parts and shares of land upon trust to divide the same into as many shares as there should be then families being issue of all his said sons and daughters except of his said sons James and Francis (the whole of the issue of every such son or daughter whether children grandchildren or more remote issue being deemed and considered to be one family) and as to each of such shares in trust for such members or member of one of such families and in such parts and proportions as the son or daughter from whom such family should descend should by writing under his or her hand and if a daughter whether she be covert or sole direct or appoint And in default of any such direction or appointment or so far as any partial direction or appointment should not extend in trust for the child or children of the son or daughter making such default or partial appointment living at his or her decease and the issue then living of his or her child or children then deceased as tenants in common in fee simple but so that such issue should take only the share or shares which the deceased parent or parents would if living have taken And whereas the said Henry Osborne duly made and published a codicil to his said will dated the sixteenth day of February one thousand eight hundred and fifty-nine which did not in any way affect the before-mentioned devise And whereas the said Henry Osborne died on the twenty-ninth day of March one thousand eight hundred and fifty-nine without having altered or revoked his said will so far as the same related to the said devise to the said Tlenry Hill Osborne Patrick Hill Osborne Alick Osborne Ben Marshall Osborne and John King Osborne leaving him surviving the following children Henry Hill Osborne Patrick Hill Osborne Alick Osborne Ben Marshall Osborne John King Osborne George Osborne Hamilton Osborne 1881. 45° VIC. Osborne's Leasing. Osborne Janc MacCabe wife of Francis Peter MacCabe Charlotte Reddall wife of Thomas Alexander Reddall and Ann Osborne the first bencficiaries entitled for life to the rents and profits of the said lanc and hereditaments And whereas John King Osborne died on or abou the fifteenth day of April one thousand eight hundred and fifty-nine intestate without having been married And whereas the said will was on the seventh day of June one thousand eight hundred and fifty-nine duly proved in the Supreme Court of New South Wales by the sai Henry Hill Osborne Patrick Hill Osborne Alick Osborne and Ben Marshall Osborne Sarah Osborne the Executrix appointed by the said will having renounced probate thereof And whereas the saic Charlotte Reddall died on the thirticth cight hundred and seventy-five having whereby she appointed that the ren said ands and hereditaments should be eq children and she appointed the said A s and ay of April one thousan previously made her wil profits derived from the ually divided amongst her ick Osborne and George Osborne Trustees and Executors of her will which will was duly proved in the Supreme Court of New Sout 1. Wales on the fourth day of November one thousand eight hundred and seventy-cight And whercas the said land and hereditaments are at present of little value by reason of the limited scope afforded by the power of leasing con- tained in the said will of Ilenry Osborne deceased And whereas the said land and hereditaments are peculiarly adapted for and would become of considerably greater value than they are at present if building and mining leases could be granted for a longer term than twenty-one years and it would be for the benefit of all parties interested in the said lands and hereditaments that there should be a power of granting such longer building and mining leases accordingly 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 Walcs in Parliament assembled and by the authority of the same as follows :— 1. It shall be lawful for the said Henry Till Osborne Patrick General power to Hill Osborne Alick Osborne and Ben Marshall Osborne or other the Trustces of the said will and codicil for the time being to grant leases of all or any of the Jands and hereditaments deseribed in the Schedule hereto or any of them or any part thereof and also all or any part of the lands or real estate of the said Henry Osborne deceased now vested or to become vested in the said Henry Hill Osborne Patrick Hill Osborne Alick Osborne and Ben Marshall Osborne or other the Trustees for the time being of the said will and codicil for building purposes or other purposes of improvement for terms not exceeding ninety-nine years to take effect in possession and not in reversion or by way of future interest so as there be reserved in every such lease the best rent that; can be reasonably obtained for the said lands and hereditaments or any of them or any part thereof withou taking any fine premium or foregift for the granting thereof and so as there be contained in every such lease proper and reasonable covenants and agreements by every such lessee for the due paymen of the rent reserved thereby and a power of re-entry for non-paymen of such rent and so as the respective lessces duly execute a duplicate or counterpart of such lease. 2. Subject to the reservations and conditions if any contained in the grants referred to in this Act and without prejudice to any then existing rights it shall be lawful for the said Henry Hill Osborne Patrick Hill Osborne Alick Osborne and Ben Marshall Osborne or other the Trustees of the said will and codicil for the time being to grant leases by deed for any term of years not exceeding ninety-nine years to take effect in possession and not in reversion or by way of future interest of all grant leases. Power to grant mineral leases, 14: VIC. 1881. Osborne's Leasing. all and every or any of the mines lodes ores quarries veins strata and seams of copper lead iron coal stone clay and all other mincrals and substances whatsoever in one or more block or blocks unopened as well as opened in under or upon the said lands and hereditaments and whether the surface of the lands and hereditaments in or under which the same or any part thereof respectively shall be or shall not have been already leased together with any part of such surface which may be thought necessary or convenient to be held for buildings roads or ways or other purposes with such mines or quarries together with full liberty and authority to search for work win take usc 'and dispose of all such ores coals and minerals as shall be found therein and to sink and make shafts pits levels drifts trenches air-gates way-gates and watercourses and to erect and use any smelting refining or other furnaces or mills fire steam or other engines and machinery work- men's and other houses buildings sheds or other conveniences and to use all other lawful ways and means whatsoever not only for finding separating and cleansing any of the said minerals but for converting any of them into a manufactured condition and also to take and use sufficient ground room heap room and pit room for placing or manufacturing any of the said ores coals and minerals and for laying the waste refuse or rubbish to be from time to time produced from the said mines and quarrics and also with free and full 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 or quarries and for the carriage or delivery of any of the said ores coals and mincrals with horses carts waggons and other carriages and generally upon such terms and with such stipulations as shall be reasonable usual or necessary for any of the purposes aforcsaid so that in every such lease there be reserved and made payable the best and most improved yearly rent dues duties tolls or royalties that can be reasonably obtained for the same without taking any fine premium or foregift for the granting thereof and so as that there be contained in every such lcasc proper and reasonable covenants and agreements by every such lessee for the due payment of such rents dues duties tolls or royalties thereby reserved and for the working and management of the said mincs quarries and works and a power of re-entry for non-payment of such rents dues dutics tolls or royalties and so as the respective lessees duly execute a duplicate or counterpart of such leases Provided always that out of the gross income to be derived from such rents dues duties tolls or royalties there shall be set apart (upon the payment thereof from time to time to the said Henry Hill Osborne Patrick Hill Osborne Alick Osborne and Ben Marshall Osborne or other the Trustees of the said will and codicil) by the said Henry Hill Osborne Patrick Hill Osborne Alick Osborne and Ben Marshall Orborne or other the trustees a sum equal to twenty-five per cent. of every such amount so paid to them during the life-time of the said Henry Hill Osborne Patrick Hill Osborne Alick Osborne Ben Marshall Osborne George Osborne Hamilton Osborne Jane MacCabe and Ann Osborne or the survivors or survivor of them And the sums so to be set apart shall with alt accumulations of intercst be invested from time to time in Government securities or on mortgage of real estate in the Colony of New South Wales for the benefit of the person or persons who shall be ultimately cntitled to the said lands and hereditaments with power to the said Henry TIill Osborne Patrick Hill Osborne Alick Osborne and Ben Marshall Osborne or other the Trustees to alter vary and transfer such securitics for others of the like nature And the remaining three-fourths part of such sums so to be derived as aforesaid shall be payable to the parties entitled thereto in the same way 1881. 45° VIC. Osborne's Leasing. way and subject to such conditions and restrictions as income derivable from the said lands and hereditaments under the said will and codicil And after the death of the survivor of them the said Henry Hill Osborne Patrick Ilill Osborne Alick Osborne Ben Marshall Osborne George Osborne Iamilton Osborne Jane MacCabe and Ann Osborne the proceeds of the sums so invested shall be divided and paid in manner as is provided by the said will and codicil in respect to the said lands and hereditaments. 3. It shall be lawful for the said Henry Hill Osborne Patrick Ifill Osborne Alick Osborne and Ben Marshall Osborne or other the Trustees of the said will and codicil for the time being to make lay out and alter and concur in the making laying out and altering of any roads streets or ways on and over any part or parts of the said lands hereditaments and premises and also to undertake and concur in undertaking any works for and to make erect and carry out and concur in making erecting and carrying out any erections sewers drains watercourses lamps lighting or any other works which may in their discretion conduce to the better laying out or letting of the said lands and hereditaments or the convenience and enjoyment of those persons who may have taken on lease any part thereof The cost of any such works on the part of the said person or persons acting under the powers given by this scction or their proportion of such cost shall for the purpose of this Act be held to be costs and expenses of and incidental to leases hereunder and retainable accordingly 'For any of the purposes of this section such person or persons may reserve and dedicate cither absolutcly or upon any condition any part or parts of the said lands hereditaments and premises. SCHEDULE. All that picce or parcel of land situate in the Parish of Ilexham in the county of Northumberland in the Colony of New South Wales containing by admeasurement six hundred and cighty acres be the same more or Jess Commencing at the eastern extreme of the north boundary -line of a surveyed portion of one thousand and seventy acres of land and bounded on the south by eighty-five chains of that boundary-line bearing west on the west by a north line of eighty chains div iding it from a surveyed portion of eight hundred and thirty aeres on the north by cighty- five chains of the south boundary- line of William Sparkes' grant bearing cast and on the east by a south line of eighty chains to the eastern extreme of the north bound: ary-line of the "aforesaid surveyed portion of one thousand and seventy acres Being the land sold as lot five pursuant to advertise- ment of twenty-sixth July one thousand cight hundred and thirty-six. All that piece or parcel of land containing by admeasurement fifty acres of land be the same more or less situate lyiug and being in the County of Northamberland and Parish of Alnwick in the said Colony of New South Wales Commencing at the south extreme of the cast boundary-line of Cummins' one thousand acres gr ant and bounded on the west by sixty chains of that boundary-line beari ing north on 'the north by eight chains and fifty links of the south boundary-line of Eales! grant bearing east on the east by a south line of sixty chains and on the south by eight chains and "lifty links of the north boundary-line of Sparkes' grant bearing west to the south extreme of the east boundary-line of Cummins' grant aforesaid. Being the land promised to James Nowlan of which he was authorized to take possession on sixth December one thousand cight hundred and thirty as a small grant in licu of the like quantity of which he received possession on sixth September one thousand cight hundred and thirty but now granted to the said John Terry Hughes and John Hosking in accordance with the report on memorial number seven hundred and fifty made on the tenth day of November one thousand cight hundred and thirty-five by the Commissioners appointed under the Act of the Colonial Legislature fourth Wi Tian Fourth number nine. All that picce or parcel of land in the said Colony containing by admeasurc- ment six hundred and forty acres be the same more or less situated in the County of Northumberland and Parish of Stockrington Commencing on a line eighty chains south by compass of the south-west corner of the Parish of Alnwick and bounded on the cast by'a south line by compass of eighty chains on the south by a west line by compass of eighty chains and on the north by a west line by compass of cighty chains to the point of commencement Being the land promised to Thomas Luscombe and of which he was authorized to take possession on twelfth March one thousand eight hundred and thirty Power as to roads. 45° VIC. 1881. Osborne's Leasing. thirty as a primary grant Being also the land advertised in favour of the said John Terry Hughes at the request of the promisee as number seventy-six in the Government notice dated tenth September one thousand cight hundred and forty-one and the deed now prepared in his name in pursuance thereof. All that piece or parcel of land in the said Colony containing by admeasure- ment sixty-one acres be the same more or less situated in the County of Northumber- land and Parish of Maitland Commencing at the north-west corner of a measured portion of sixty-one acres and bounded on the south by the north boundary-line of that land bearing cast thirty-three chains on the east by a road one chain wide dividing it from a measured portion of forty-six acres one rood and S. Clift's sixty acres bearing north eighteen chains fifty links on the north by a road one chain wide dividing it from a measured portion of sixty-one acres bearing west thirty-three chains and on the west by a line bearing south eighteen chains fifty links to the north-west corner of the sixty- one acres aforesaid. Being the land sold as lot eight in pursuance of the Proclamation of twenty-seventh February one thousand eight hundred and fifty-five. All that piece or parcel of land in the said Colony containing by admeasurement sixty-one acres be the same more or less situated in the County of Northumberland and Parish of Maitland Commencing at the south-west corner of a measured portion of sixty-one acres and bounded on the north by the south boundary-line of that land bearing east thirty-three chains on the east by a road one chain wide dividing it from a measured portion of forty-six acres one rood bearing south eighteen chains fifty links on the south by a line bearing west thirty-three chains and on the west by a line bearing north cighteen chains fifty links to the south-west corner of the sixty-one acres aforesaid Being the land sold as lot nine in pursuance of the Proclamation of twenty- seventh February one thousand eight hundred and fifty-five. All that piece or parcel of land in the said Colony containing by admeasurement sixty-one aeres be the same more or less situated in the County of Northumberland and Parish of Maitland Commencing at a point one chain west of the south-east corner of J. A. Browne's sixty acres and bounded on the north by the south boundary-line of that land and its westerly prolongation being a line in all bearing west thirty-three chains on the west by a line bearing south cighteen chains fifty links to a road on the south by that road one chain wide dividing it from a measured portion of sixty-one acres bearing east thirty-three chains and on the east by a road one chain wide dividing it from Samuel Clift's sixty acres and part of John Stewart's sixty-seven acres bearing north eighteen chains fifty links tv the point one chain west from J. A. Browne's sixty acres portion aforesaid Being the land sold as lot seven in pursuance of the Proclamation of twenty- seventh February one thousand eight hundred and fifty-five. All that piece or parcel of land in the said Colony containing by admeasurement twenty acres be the same more or less situated in the County of Northumberland and Parish of Maitland Commencing at the north-west corner of a measured portion of twenty-two acres and bounded on the east by the west boundary-line of that land bearing south twenty-one chains on the south bya road one chain wide dividing it from a measured portion of twenty-two acres and a measured portion of twenty-one acres bearing north forty-three degrees west twenty-nine chains and on the north by part of the south boundary-line of a measured portion of fifty-six acres bearing east nineteen chains sixty links to the north-west corner of the twenty-two acres aforesaid Being the land sold as lot five in pursuance of the Proclamation of twenty-seventh February one thousand eight hundred and fifty-five. All that piece or parcel of land in the said Colony containing by admeasurement twenty-two acres be the same more or less situated in the County of Northumberland and Parish of Maitland Commencing at the south-east corner of a measured portion of fifty-six acres and bounded on the north by part of the south boundary of that land being a line bearing west nine chains sixty links on the west by the east boundary-line of a measured portion of twenty acres bearing south twenty-one chains on the south by a road one chain wide dividing from a measured portion of twenty-two acres bearing south sixty-two and a-half degrees east ten chains seventy-five links on the east by a line bearing north twenty-five chains eighty links to the south-east corner of the fifty-six acres aforesaid Being the land sold as lot six in pursuance of the Proclamation of the twenty- seventh February one thousand cight hundred and fifty-five. All that piece or parcel of land in the said Colony containing by admeasurement fifty-six acres be the same more or less situate in the County of Northumberland and Parish of Maitland Commencing at the north-east corner of a measured portion of twenty-two acres and bounded on south by the north boundary-line of that land and the north boundary-line of a measured portion of twenty acres bearing west twenty-nine chains twenty links on the west by a road one chain wide dividing it from George Weller's sixty acres bearing north nineteen chains thirty links on the north by part of the south boundary-line of Edward Ferraby's one thousand and eighty acres bearing east twenty- nine chains twenty links and on the east by a line bearing south nineteen chains thirty links to the north-east corner of the twenty-two acres aforesaid Being the land sold as lot fifteen in pursuance of the Proclamation of twenty-seventh February one thousand eight hundred and fifty-five. All that piece or parcel of land in the said Colony containing by admeasurement forty-six acres and one rood be the same more or less situated in the County of Northumberland and Parish of Maitland Commencing at the south-west corner of a measured 1881. 45° VIC. Osborne's Leasing. measured portion of forty-seven acres and bounded on the east by the west boundary- line of that land bearing north twenty-nine chains on the north by a road one cham wide dividing it from Samuel Cliff's sixty aercs bearing west sixteen chains on the west by a road one chain wide dividing it from two measured portions of sixty-one acres cach bearing south twenty-nine chains and on the south by a line bearing east sixteen chains to the south-west corner of the forty-seven acres aforesaid Being the land sold as lot ten in pursuance of the Proclamation of iwenty-seventh February one thousand cight hundred and fifty-five. All that piece or parcel of Jand containing by admeaxurement one thousand and ciehty acres of land be the same more or less situate lying and being in the County of Northumberland and Parish of Maitland in the said Colony of New South Wales Commencing at the south-east corner of 1', Wickham's six hundred and forty-acre farm and bounded on the east by eighty chains of the west boundary-line of the Parish of Alnwick bearing south by compass on the south by a west line by compass of one hundred and thirty-five chains on the west by a north linc by compass of eighty chains and on the north by an cast line by compass of one hundred and thirty-five chains to the south-east corner of Wickham's farm as aforesaid Being a portion of the one thousand two hundred and eighty acres of land promised to the said Edward Ferraby and of which said portion he was authorized to take possession on sixteenth December one thousand eight hundred and twenty-nine as a primary grant being also the land advertised as number thirty-six in the Government notice dated eighth January one thousand cight hundred and thirty-eight. All that piece of land situated at Bellambi in the Parish of Wonona County of Camden and Colony of New South Wales containing twenty-six acres two roods or thereabouts Commencing on the northern side of Bellambi Road at its intersection with a road one chain wide and bounded thence on the south by Bellambi Road bearing casterly ten chains to another road one chain wide on the east by that road bearing northerly twenty-seven chains sixty-seven links to Bellambi Creek on the north by that ereck bearing westerly to the first-mentioned road one chain wide and on the west by that road bearing southerly twenty-six chains thirty links to the. point of commencement. Also that other picce of land situated as aforesaid containing fifty acres or thereabouts Commencing on the northern side of Bellambi Road at its intersection with Thomas-street and bounded thence on the south by that road bearing westerly twenty-one chains to a road one chain wide on the west by that road bearing northerly twenty-eight chains seven links to Bellambi Creek on the north-east by that creck and Bellambi Haven bearing south-casterly to Bay-strect on the south-east by that strect bearing south-westerly five chains to Thomas-street aforesaid and on the east by that street bearing southerly ten chains thirty links to the point of commencement. Also that other picce of land situated as aforesaid containing eleven aeres three roods seven perches or thereabouts Commencing on the northern side of Bellambi Road at its intersection with Thomas-strect and bounded thenee on the south by that road bearing easterly seven chains seventy-three links to land of A. Lorking on the east by that land bearing northerly four chains fifty-cight links on the south-west by that land a continued line and land of Mr, Dunlop beinz a curved line bearing south- easterly and easterly to the Wharf Reserve again on the cast by that reserve bearing northerly five chains twenty-three links to Bellambi Haven on the north-east by that haven bearing north-westerly to Bay-street on the north-west by that street bearing south-westerly five chains to Thomas-strect aforesaid and on the west by that strect bearing southerly nine chains fifty links to the point of commencement. Also that other piece of land situated as aforesaid containing ten acres or there- abouts Commencing on the northern side of Bellambi Road at its intersection with the Wharf Reserve and bounded thence on the west by that reserve bearing north cight chains four links to Bellambi Haven on the north-east by that haven bearing north- easterly to land of Mrs. Miller on the north-east again on the north-west and on the south-west by that land bearing south-easterly a curved line bearing north-casterly and a line bearing north-westerly to Bellambi Haven aforesaid again on the north-west and on the cast by that haven and the South Pacific Oecan bearing north-casterly and southerly to Bellambi Road aforesaid and on the south by that road bearing westerly seven chains eighty links to the point of commencement. Also all that other picee of land situated as aforesaid containing forty-five acres two roods ten perches or thereabouts Commencing on the southern side of Bellambi Road at its intersection with Thomas-street and bounded thence on the west by that street bearing southerly six chains to a water reserve on the south again on the west and on the north by that reserve bearing easterly five chains southerly two chains and westerly five chains to Thomas-strect aforesaid again on the west by that strect bearing southerly twenty-six chains thirty links to the South Pacifie Ocean on the south-east by that ocean bearing north-casterly to Bellambi-road aforesaid and again on the north by that road bearing westerly twenty-four chains fifty links to the point of commencement. Also that other piece of land situated as aforesaid containing thirty-six acres three roods or thereabouts Commencing on southern side of Bellambi-road at its intersection with Thomas-street and bounded thence on the north by that road bearing westerly twenty-one chains to a road one chain wide on the west by that road bearing southerly twelve chains eighty links to a creek on the south by that creck downwards to Bellambi Lake on the east on the south on the west on the north-west and on the south-west by ce that 45° VIC. 1881. Osborne's Leasing. that lake bearing northerly easterly southerly south-westerly and south-easterly to the South Pacific Ocean on the south-east by that ocean bearing north-easterly to Thomas- street aforesaid and again on the east by that street bearing northerly thirty-five chains thirty links to the point of commencement. Also that other picce of land situated as aforesaid containing fourtcen acres two roods or thereabouts Commencing on the southern side of Bellambi-road at its inter- section with a road one chain wide and bounded thence on the north by Bellambi-road bearing westerly ten chains to another road once chain wide on the west by that road bearing southerly seventeen chains forty links to a creck on the south-cast by that creck downwards to the first-mentioned road one chain wide and on the east by that road bearing northerly twelve chains twenty links to the point of commencement. Also that other piece of land situated as aforesaid containing forty-three acres or thereabouts. Commencing on the eastern side of a road fifty links wide at its inter- section with another road fifty links wide and bounded thence on the west by the first- mentioned road bearing southerly fourteen chains fifty links to a creek on the south-west and on the north-west by that creek downwards to Towradgi Creek on the south and on the south-east by that creek downwards to the South Pacific Ocean again on the south- east by that ocean bearing north-easterly to the other road fifty links wide and on the north by that road bearing westerly twenty-four chains to the point of commencement. Also that other piece of land situated as aforesaid containing thirty-four acres or thereabouts Commencing on the n