The turn off to Lacmalac

Run No. 177

Owner: - J C Whitty

Area: - 12,800 Acres

John Charles Whitty,JP

1848 - Run No. 177. Whitty J. C. and H., (now J. C. Whitty,) Name of run, Lacmalack. Estimated area, twelve thousand eight hundred acres. Estimated grazing capabilities, two thousand five hundred sheep. North the estate of the late William Shelly, marked line by Commissioner; south Goberagundera river; east the estate of the late William Shelly and marked lines of Commissioner; west small range leading from J. Terry's creek to junction of the Tumut and Goberangundera rivers. N.B.--This run has been transferred, with the sanction of the Government, to J. C. Whitty, in whose name the lease will accordingly be prepared. - (Ref- The Sydney Morning Herald (NSW : 1842 - 1954)(about) Previous issue Monday 16 October 1848).

appears to be a man of great vision, strength and fore sight. Not only did he hold the Blowering lease on the same page (1376) he is accredited with the leases of two more large tracts of land.

HALL NOTES. - The Lacmaclac Soldiers' Memorial Hall at Tumut has been completed, at a cost of £1000. It was opened by Mr. J. Elliott, chairman of the Tumut Turf Club, which donated over £100 towards the cost. - (Ref- The Sydney Morning Herald (NSW : 1842 - 1954)(about) Previous issue Wednesday 26 October 1927).

Run 177, "Lacmalac" (Lacmalack), estimated Area 12,800 acres, Estimated Grazing Capabilities of 5,500 sheep. Run situated; North of the Estate of the late William Shelly, marked line by Commissioner: south Goberagundera River: east of the Estate of the late William Shelly and marked line lines of Commissioner: west small range leading from J Terry's Creek to junction of the Tumut and Gobergundera Rivers. N.B. - This run has been transferred, with the sanction of the Government, to J A Whitty, in whose name the lease will accordingly be prepared.

1788 - During the storm on Friday a stringy bark tree in Mr. Alexander Piper's paddock, was struck by the lightning and set on fire. Three miles from this spot on the Bombowlee Creek, the electric fluid kindled another tree and burnt several acres of grass. On the same evening four persons on their way home to Lacmalac had a most providential escape from being killed. The party consisted of Mr. George Morton and two others who were travelling in a spring-cart, and Mr Robert Gordon who was following on horseback. When about two miles from Tumut a huge tree growing by the wayside was shivered by the lightning and a heavy limb fell across the road between the cart and the horseman completely blocking up the roadway, and where only a moment before the vechicle with its passengers was passing. Mr. Gordon was considerably startled by the ocurrence, as his first thought was that his friends in front were crushed by the fallen timber, but when he comprehended the scene he thanked God for their deliverance. = (Ref- The Sydney Morning Herald (NSW : 1842 - 1954) Thursday 7 February 1878).

1880 - THE following particulars are given in the Gundagai Times of the death of young Stephen Halloran, biíplly telegraphed on Tuesday :-" A very melancholy event happened at Lacmalac, Tumut, on Saturday afternoon. A young lad named Stephen Halloran was shot dead bv a companion named William Robert Trossider. The two youths were often together, and on Saturday afternoon one of the minors heard them shouting and amusing themselves in the house at the claim. .John Johnson, one of tho tributers, was coming from his work when he heard the report of a gun, and immediately after he met young Trossider deadly palo and trembling liko a leaf. In a few minutes he made Mr Johnson understand that he picked up his gun, and beleaving it was not loaded he in a moment of thoughtlessness held the muzzle quite close to Halloran's head and pulled the trigger. The boy fell dead. The grief of deceased's mother, who was soon on tho spot, can be better imagined than described. The father was away at Blowering at the time. Johnson rode into town and reported the matter to the Police magistrate, and Sergeant Zoellner accompanied him back to Lacmalac. An inquest was held on Monday, when the evidence went to show that the shooting was accidental. - (Ref- The Sydney Morning Herald (NSW : 1842 - 1954) Friday 22 October 1880).

1891 - IN THË SUPREME COURT OF NEW SOUTH WALES - PROBATE JURISDICTION.- In the Goods, Chattels Credit, and the fleets of MARY ANN SOPHIA BUCKLEY late of Lacmalac, in the colony aforesaid wife of William Buckey Deceased, Intestate APPLICATION will be made after fourteen days from the publication hereof that Administration of the Estate of the abovenamed deceased may be granted to WILLIAM BUCKLEY, widower of the said deceased - IBANK TAYIOR, Proctor for the Administrator,Tumut - The Sydney Morning Herald (NSW : 1842 - 1954)(about) Previous issue Monday 29 June 1891). and

1892 - IN THE SUPREME COURT OF NEW SOUTH WALES. PROBATE JURISDICTION.- In tho Will of WILLIAM JONATHAN CARTER ATKINSON, Into of Lacmalac, near Tumut, in the colony of New South Wales, grazier, deceased. APPLICATION will bo made after fourteen days from the publication hereof that Probate of the last Will of the abovenamed deceased may be granted to JAMES ATKINSON, of Tumut Plains, near Tumut, in the colony aforesaid, Farmer, the sole executror named in the said wll. Dated this thirtieth day of May, A.D. 1802. FRANK TAYLOR, solicitor for Executor, Tumut. - The Sydney Morning Herald (NSW : 1842 - 1954)(about) Previous issue Tuesday 31 May 1892).

1892 - Last week Mr. Ben Day, of Lacmalac near Tumut, was grubbing a large tree. After he had proceeded with his task for some time, and the tree did not show any signs of falling, he climbed up the trunk, and was in the'act of tying a rope to one of the upper limbs when the tree fell, bringing the climber with it. Those who witnessed the accident thought Day was killed. He was badly hurt, but is now recovering. - (REf- Australian Town and Country Journal (NSW : 1870 - 1907) Saturday 15 October 1892).

1901 - Death Mr T Healy, 95, of Lacmalac, died on Tuesday from senile decay. - (Ref- The Sydney Morning Herald (NSW : 1842 - 1954) Saturday 23 November 1901).

1906 - Mr. James Kell, an old and respected résident of Lacmalac, in the Tumut district, died suddenly on May 11. - (Ref- Australian Town and Country Journal (NSW : 1870 - 1907) Wednesday 16 May 1906).

1907 - LEGAL NOTICES. - IN THE SUPREME COUUT OF NEW SOUTH WALES -Probate Jurisdiction.-No. 37,-30.-In the Estate of "JAMES KELL, late of Lacmalac, near Tumut, in the State of New South Wales, Grazier, deceased.-* Notice is hereby given that the Flint Account* in tint above Estate have till« day been tiled in my oUlce, Chancery-square, Sidney, and all pernuna having any claim on ll|c said Estate, or being" otherwise lu twisted therein, are hereby required to come in to tare me at my sold o(Ucc, pu or before Ilia twenty eighth day of October next, at 11.46 o'clock, in the forendon, and Inspect ti«. Minc, and if Uley «hall think fit, object thereto, otherwise it the said Ac.» be not objected to the «aunt will ha examined by mo und passed according to law, Dated tills nine- teenth day of September, 1007. T, W, GARRET. (LS,), Rogistiar. TAYLOR »nd TA1ITAKOVER, Hu* sell-strcct, Tumut. By their Agent, UEO. IL TURNER, 7« Pitt street, Sydney._______ N THE SUI'liLME COURT OF NEW SOUTH WALES. - (Ref- The Sydney Morning Herald (NSW : 1842 - 1954)(about) Previous issue Tuesday 24 September 1907).

OBITUARY. Mr. William Buckley. In last issue we gave a brief notice of the death of Mr. William Buckley, which occurred as his son's residence at Lacmalac at 8 p.m. Monday last, at the ripe old age of 81 years. The cause of death was senile decay. The subject of our obituary was born at Parramatta, New South Wales, in 1826, and came to Tumut on the first occasion 69 years ago, remained here for a time, and then went back to Parramatta for about two years. Returning here, he worked for years with the late Mr. Francis Anderson, and it will be remembered by the old hands, the latter, with the late Mr. Francis Foord, built what was termed the 'Old Bridge,' situated at about 300 yards from the base of Transit Hill. The river has since completely changed its course, and the site of the structure is now what might be termed an anabranch in time of flood. Deceased, after a time married Miss Sophia Atkinson, who bore to him two sons Messrs William Buckley and Henry Buckley. The latter predeceased him, as did also his wife, who had been with him at Bendigo, thence to the Ovens diggings, where he did remarkably well, but always being of a sport- ing disposition the money quickly went through his fingers. Returning to Tumut in the sixties, he took advantage of the Robertson Land Act and selected the 50 acres of land now the property of Mr. Henry Anderson. Of late years the old pioneer became very much enfeebled, and previous to his demise he was 5 or 6 weeks in the Tumut Cottage Hospital, where every kindness and attention was shown him ; but Fate decreed that his time had come, and death must indeed have been a happy release. Deceased was a brother of the late Mrs. James Kershaw, another old identity of Tumut. He leaves behind him in Tumut one son, Mr. William Buckley, and one sister in law, Mrs. H. B. Cribb, to mourn their loss. The funeral took place on Tuesday last, Mr. James Elphick was the undertaker and Rev. W. D. Kennedy officiated at the grave. - (Ref- )

~Federal Park~

RMB 738 Goobragandra Road, Lacmalac. via Tumut. NSW ----- This property is located at the southern end of the original Lacmalac Run and has been in the Buckley family ownership for many years.

Pleople named as living in the Lacmalac Area in 1872 - Reference - Greville's 1872 Directory).

BEALE, John carrier Lucmiluc Tumut - (Note spelling of the original record) - (Ref- Greville's 1872 Post Office Directory).

HALLORAN Francis farmer Lucmiluc Tumut - (Note spelling of the original record) - (Ref- Greville's 1872 Post Office Directory).

HALLORAN Patrick farmer Lucmiluc Tumut - (Note spelling of the original record) - (Ref- Greville's 1872 Post Office Directory).

HALLORAN Thomas farmer Lucmiluc Tumut - (Note spelling of the original record) - (Ref- Greville's 1872 Post Office Directory).

HEALY Thomas farmer Lucmiluc Tumut - (Note spelling of the original record) - (Ref- Greville's 1872 Post Office Directory).

KELL James farmer Lucmiluc Tumut - (Note spelling of the original record) - (Ref- Greville's 1872 Post Office Directory).

KENNELLY Jeremiah farmer Lucmiluc Tumut - (Note spelling of the original record) - (Ref- Greville's 1872 Post Office Directory).

MALONEY Michael teacher Lucmiluc Tumut - (Note spelling of the original record) - (Ref- Greville's 1872 Post Office Directory).

1929 - LACMALAC SETTLERS. - MINISTER'S CONCESSIONS. - On Thursday, October 24, Mr. Hoad, M.L.A., moved the adjournment of the House to discuss the position of soldier settle;, at Lacmalac. He complained that if the action threatened by the Lands Department was I taken it would force many of the men to abandon their holdings.

Referring to this subject yesterday the Minister for Lands (Mr. Ball) pointed out that the settlers on Lacmalac Estate entered into an agreement with the vendor to purchase it at £15 an acre under the provisions of the Closer Settlement Promotion Act. The department was then approached to finance the purchase for the particular soldier settlers. After negotiations the property was purchased by the department for £13/19/, or a reduction of a guinea an acre on the price agreed to by the settlers, to which extent they benefited. The property comprised rich alluvial flats, 3 to 7 miles from Tumut, with frontages to the Goobarragandra River.

The nine men who entered into the contract to purchase went into occupation in 1920. Three of them are not now using their farms personally, but are either leasing or share farming them, one only with the consent of the department. Five of them have paid the department less than £25 each since they went into occupation, and one less than £55. The remaining three have paid respectively £452, £440, and £435.

The properties that are leased are for rents exceeding the ordinary annual dues to the department, and if a lessee can pay the rents, the Minister considers, the settlers could surely have paid them. Of the three settlers not using their farms personally only the one who is leasing with consent is paying any proportion of the money received to the department. Concessions averaging £435 a settler have already been made. Mr. Ball added he was sure that it would be agreed the department had been most sympathetic in dealing with these men. - (Ref- The Sydney Morning Herald (NSW : 1842 - 1954) Thursday 7 November 1929).

1929 - LACMALAC SOLDIER SETTLERS. - Replying to statements made by the Minister for Lands (Mr. Ball) indicating the concessions made to the settlers on Lacmalac, a long letter has been received from Mr. M. R. Archer, president of the Tumut sub-branch of the R S and S IL A , on behalf of the Lacmalac soldier settlers This states (in part) -

(1) It Is pointed out that none of the settlers entered into any agreement with the vendor for the purchase of his land at £15 per acre because this property had been already earmarked by the then Director of Soldier Settlement (Mr Bryant) as a group settlement ostensibly for tobacco culture. Later lndividual applications were made to purchase the farms comprised in the settlement the applicants had no knowledge of the purchase price nor of the individual valuations made by the department until the farms were gazetted - therefore as no price was agreed to by the applicants there could be no saving as suggested of the original applicants three withdrew and other applicants had to be found for the vacant farms by tho vendors agent.

(2) The statement which says the proposition comprises rich alluvial flats makes it appear that the total areas are of this nature As a fair estimate about B per cent of this estite could be termed rich alluvial flats about 19 per cent second rate cultivation land and the balance from good grating to good forest lands. It must be remembered further that when the settlers went into occupation of this propertj-these rich flats and a great proportion of the forest country were thickly covered with briars to remove which and to keep them in check has cost the settler anything from £1 on the higher lands and £3 on the flats per acre.

(3) These farms nore not gazetted till December 20 1920 and while some of the settlers by the consent of the vendor were in occupation a while befor to this others did not go into occupation until late In 1921. The published statement makes, it appear as though 1920 was a full years occupation.

(4) With reference to the Individual payments made to the department se thom lu this was a private matter between the Individual and the department Still settlers cannot rcconc le tHe amounts with payments made, for nhlch no c-cdlt has been gl\en-and no credit whatever has been given the settlers for the vilue of improveme its put on them over which the department holds full security These Improvements are at least double the settlers Indebtedness to the department As the Minister ha« given such Mde publicity to our private affairs we ask that he publish the special report made by the District Surveyor as It applies to the value of the improvements on the farm

(5) Regarding rent paid by lessees in excess of amounts due to the department it Is remarkable that the Minister does not recognise that the Improvements effected by the settler have made it possible to make the farms rent producing and the margin paid by the tenants in excess of instalments will not permit of a return of 1 per cent on the improvements effected and the capital invested without taking into consideratios five years of war and eight years of worry. The further statement that only one of the settlers leasing his farm is paying any proportion of the rent is also incorrect. Referring to concessions spoken of by the Minister it is admitted that amounts nee waived This ne understood was made possible by a grant from the Federal Government aided by the Soldiers Settlement Amcndlnt, Bill framed by Mr P Loughlin Minister for Lands at the time this bill gave the Minister power to dcil with and grant concertons to individual settlers on the merits of his case. Since that time no concessions have been made with the exception perhaps of a postponement of rent on which interest is charged so we cannot recognise the concessions mentioned by the present Minister Regarding the special reference to an Individual settler this could mean any one of the nine settlers concerned and without making riglt inquiries into the matter, v.e have reason to believe this statement is grossly exaggerated and untrue and its publication more than anything else has been most dimarlng to the settlers and Ins already cTiis»d con-idcrablc embarrassment to them ind their families and the settlers intend to go further with this matter. In conclusion v.c wish to stress the fact that the settlers pin most of the Improvements on from the limited returns from the farms The land stock plant building material fencing and all necessities had to be purchased at Indited prices ' and within a very short time primary promues I fell approximately two thirds in value while dairy cattle fell at least two thirds below the purchase price. - (Ref- The Sydney Morning Herald (NSW : 1842 - 1954) Wednesday 27 November 1929).

1919 - IN EQUITY. (Before Mr. Justice Street.) - LEASE OF LACMALAC LANDS. - Kell v Harris and others. This was a suit instituted by Stanley Kell against Alfred Harris, James Kenneally, and Michael McNamara, in which he prayed, among other things, that the defendants, their servants, and agents may be restrained during plaintiff's term of an alleged lease of certain lands at Lacmalac, in the Tumut district, from interfering in any way with his possession, occupation, and enjoyment of the lands.

Mr. Bonney, instructed by Messrs. Boyce and Magney, agents for Messrs. Emanuel and Emanuel, of Tumut, appeared for the plain- tiff; Mr. Clive Teece, instructed by Mr. G. H. Turner, agent for Messrs. Turner and MacKenzie, of Tumut, for the defendant, Harris; Mr. Parker, instructed by Mr. G. H. Turner, agent for Messrs. Taylor and MacKenzie, of Tumut, for the defendant, Kenneally; and Mr. Flannery, instructed by Messrs. Murphy and Moloney, for the defendant, McNamara, to submit to any order the Court might make.

The defendant, Harris, had been in occupation of the Lacmalac lands as lessee from the defendant, James Kenneally, under a tenancy, which expired In September, 1914. By an agreement, made In July, 1913, the defendant, James Kenneally, leased the lands to plaintiff for 10 years from September 1, 1914, at a rental of £90 a year; and in the following month, Kenneally purported to give Harris, who, it was alleged, was well aware of the lease to plaintiff, a lease of the property for three years at a rental of £100 a year. The agreement between plaintiff and James Kenneally was duly registered on September 5, 1913, but the purported agreement between Kenneally and Harris had not been registered. Plaintiff submitted that since September 1, 1914, he had been entitled to an equitable estate or interest, and exclusive possession and occupation of the lands for 10 years. Since the last mentioned date, the defendant, Harris, by his servants and agents, and the defendant, James Kenneally, by Harris, as his purported tenant, had been wrongfully in possession of the property, and had excluded him from the same.

Plaintiff also prayed that the defendant, Harris, be ordered to vacate the lands, and deliver up possession to him; an inquiry may be held to ascertain the loss and damage he had sustained by reason of Harris's possession and occupation of the property since September, 1914; that the defendants, Harris and James Kenneally, be ordered to pay the amount found to be due to him on the inquiry within 14 days after service of the Master's certificate; and that they be ordered to pay his costs of the suit, and those of the defendant McNamara.

The defendant, Harris, claimed that, as lessee to James Kenneally, he was in rightful possession of the property. The defendant, Kenneally, pleaded that, if he gave any lease to the plaintiff, he was ill at the time, and did not understand what he was doing.

Mr. Teece demurred to the statement of claim on the ground that if plaintiff considered he had a legal right to possession of the property, his proper course was to have taken proceedings in common law, and not in Equity.

His Honor reserved his decision in respect of the demurrer until after the hearing of evidence.

Mr. Bonney applied to amend the pleadings in the statement of claim, which his Honor granted. Mr. Teece then objected that in the amended pleadings the suit was defective for want of parties, and the objection was upheld.

The matter was adjourned till the following afternoon to enable the other necessary party (Thomas Kenneally) to appear. - (Ref- The Sydney Morning Herald (NSW : 1842 - 1954) Wednesday 8 September 1915).

1915 - IN EQUITY. (Before Mr. Justice Street.) - LEASE OF LACMALAC LANDS. - Kell v Harris and others.

The matter remains part heard. - (Before Mr. Justice Harvey.)


Spott and another v Eckford and others.

This was a suit instituted by Aithur John Scott and Jessie Eckford, trustees of the will of Arthur George Eckford, deceased, against Leslie Francis Eckford, Susan Ann Eckford, and others, in which plaintiffs prayed, among other things, for certain accounts to be taken and inquiries held in respect of the personal estate (not specifically bequeathed) of Robert Francis Maitland Eckford, grazier, deceased, late of Randwick, that I had come into the hands of the, surviving ' trustees of his will, or into the hands of anyone on their behalf, and as to whether there had been' any appropriation made to answer certain legacies, including one of £1000 bequeathed by R. F. M. Etkford to his widow, tho defendant, S. A. Eckford. . . . Mr. Langer Owen, K.C., and Mr. Parker, instructed by Messrs. J. Stuart Thom and Co., appeared for the plaintiffs; Mr. Maughan and Mr. Milner Stephen, instructed by Messrs. Stephen, Jaques, and Stephen, for the defendants, Lisle Francis Eckford, Clive William Eckford, and Robert Valentine Eckford; and Mr. Leonard Stephen, of Messrs. Stephen, Jaques, and Stephen, for the defendant, Susan Ann Eckford.

The testator, Robert Francis Maitland EckTord, who died in September, 1907, by his last will (appointed his widow, the datendant, Susan Ann Eckford, and his sons, the defendant, Lisle Francis Eckford, and Arthur George Eckford, executrix, executors, and trustees of his estate. Arthur George Eckford died on August 27, 1011, having by his will appointed his wife, the plaintiff, Jessie Eckford, his brother, tho defendant, Lisle Francis Eckford, and the plaintiff, Arthur John Scott, his executors and trustees. His Honor was Informed that a settlement had been arrived at, the terms of which had been signed by counsel and filed in court. - (Ref- The Sydney Morning Herald (NSW : 1842 - 1954) Friday 10 September 1915).

1915 - LEASE OF LACMALAC LANDS - Kell v Harris and others - Judgment was delivered in the matter of the suit in which Stanley Kell prayed, among other things that the defendants Alfred Harris, James Kenneally, Michael McNamara and Thomas Kenneally, their servants, and agents might be restrained during plaintiff's term of an alleged lease of certain lands at Lacmalac in the Tumut district from interfering in any way with his possession, occupa- tion and enjoyment of the lands.

After reviewing the evidence, his Honor said that he thought all the objections taken to the plaintiff's claim had failed and that he was entitled to relief. As he had only an agreement for a lease, the suit was in effect one for specific performance of that agreement; that was for the execution of a lease in accordance with the terms agreed upon. But as the terms of the agreement were clear, he saw no reason why, in order to avoid expense and multiplicity of actions, he should not not now give the plaintiff the relief to which he would be entitled if a lease had in fact been executed. He ordered, the defendant Harris to deliver up possession of the land to the plaintiff within three weeks after service upon him of a copy of the decree. The plaintiff must pay the costs of the defendants, McNamara and Thomas Kenneally, as submitting defendants; and the defendants, James Kenneally and Harris, must pay the plaintiff's costs, including those paid to the other defendants under the order.

Mr Bonney, instructed by Messrs. Boyce and Magnay, agents for Messrs. Emanuel and Emanuel, of Tumut, appeared for the plaintiff: Mr. Clive Teece, instructed by Mr. G. H. Turner agent for Messrs Taylor and MacKenzie of Tumut, for the defendant Harris; Mr. Parker, instructed by Mr. G. H. Turner, agent for Messrs Taylor and Mackenzie, for the defendant, James Kenneally; and Mr. Flannery, instructed by Messrs. Murphy and Moloney, for the defendants McNamara and Thomas Kenneally submitted to any order the Court might make.- (Ref- The Sydney Morning Herald (NSW : 1842 - 1954) Saturday 25 September 1915).

1919 - IN THE SUPREME COURT OF NEW SOUTh WALES.-Probate Jurisdiction.-In the Estate with the Will anuened of CHARLES GILBERT LONG late of Lacmalac near Tumut in the State of New South Wales, Grazier deceased.- Application will be made after fourteen days from the publication hereof, tint administration with the Will annexed of the Estate of the abovenamed deceased may be granted to the PUBMO TRUSTEE; the Executors named in the said Will having renounced Probate and all persons having claims against the said Estate must reader the same in detail to the PUBLIC TRUSTEE/ on or before th'e Ihirty-flrst diy of October 1919. TAYLOR and MACKENZIE Proctors for the Public Trustee, Wynyard street; Tumut. By G. H. TURNER 26 Hunter-street Sydney. - (Ref- The Sydney Morning Herald (NSW : 1842 - 1954)(about) Previous issue Friday 17 October 1919).

1929 - IN EQUITY. (Before Mr. Justice Street) LEASE OF LACMALAC LANDS. - Kell v Harris and others. - The matter remains part heard. - (Before Mr. Justico Harvey.) - A PEARL INDUSTRY AGREEMENT. - Burns, Philp, and Co., Ltd., v" Celebes Trading Company, Ltd., and others.

Final judgment was delivered in the orginating Summons instituted by Burns, Philp, and Company, Ltd., for the determination of certain questions arising out of an agreement entered into between the plaintiff company and various companies, firms, and individuals Interested In tho pearl-fishing Industry.

His Honor, after reviewing the facts of the case, said that at the present time Burns, Philp, and Co. had in their charge about 210 tons of shell from Thursday Island consignors, against which they had advanced, prior to the outbreak of the war, £32,683; and 173 tons of shell from Broome consignors, against which they had advanced £3S,411. The question he was asked to decide was whether Burns, Philp, and Co., had to remain out of that money so long as the war lasted, or whether there were not some means by which the charge, which they undoubtedly had over the shell, could be realised, either by the company or the Court, on its behalf.

His Honor held that in his opinion Burns, Philp, and Co. had no right to recover the amount of their advances by a sale of the shell, either by themselves or the Court Whether the company had a remedy outside the contract for money lout did not ariao before him. He had not considered the question, and, therefore, expressed no opinion on the point. With respect to the incidental expenses that the company had incurred in connection with the shell since August 8, 1914, the date on which tho contract became in abeyance, the position appeared to him to bo different. The company's position was that it held the shell as trustees for tho consignors, and, clearly, they had a duty to the consignors to safeguard it, and take all reasonable steps to preserve it against the time when the contract again comes into active force. That was not a duty which was cast upon them by the contract, which was in abeyance, but a duty cast upon them by the fact of their being trustees of the shell for the consignors. He thought Burns, Philp, and Co. were en titled to a charge on the Blioll for all their incidental expenses, such as storage, and. in default, the consignors paying them on demand. The Court should order a sufllciont portion of each consignor's shell to bo sold in order to refund the company their expenses. He, therefore, declared that in default of the consignors paying, within 14 days after demand, their respective shares of the expenses properly incurred by the plaintiff. company in respect of the shell in their hands belonging to the respectivo consignors,- Burns, Philp, and Co. were at liberty to sell a sufficient portion of the shell belonging to any defaulting consignor to pay his portion of expenses. Leave was given the parties or any of the consignors to apply to the Court in tho event of any dispute arising In tho carrying out of the order of the Court. .

Mr. Langer Owen, K.C., and Mr. Jordan, instructed by Messrs. W. A. GUdor, McMAster, and Co,, appeared on behalf of, the plaintiff company; and Mr. Mackell, Instructed by Messrs. Shipway and Berne, for the defendants, the Celebes Trading Company, Ltd., Wy Iben Pearling Company, Ltd., J. B. Carpenter and Sons., Ltd., Waltor Randolph Carpenter, Ernest Warner Cleveland, Thomas Josoph Farquhar, Ernest Julian Hennessey, and others. - (Ref- The Sydney Morning Herald (NSW : 1842 - 1954) Saturday 11 September 1915).

TUMUT (NSW) Monday - Andrew Kell of Lacmalac, is unconscious in the Tumut Hospital as a result of the over turning of a motor car he was driving to Adelong. A number of footballers were in the car. Kell received injuries to the side of the head and one of his ears was almost torn off. The other occupants of the car received injuries ranging from severe shock to cuts and abrasions. The accident happened on a good road about four miles out. Practically only the hood of the car was damaged. - (Ref- The Argus (Melbourne, Vic. : 1848 - 1956) Tuesday 16 July 1929).

1932 - DEATH OF MR. J. AUCKLAND. - TUMUT, Monday. - The death has occurred of Mr. John Auckland , of Lacmalac, at the age of 87 years He was born at Yass, coming to Tumut in 1869. He was one of the first settlers to select land under Sir John Robertson's Land Act He leaves a family of eight. - (Ref- The Sydney Morning Herald (NSW : 1842 - 1954) Tuesday 2 February 1932).

1936 - A wedding of interest in the Tumut district was celebrated recently when Miss Bonney Teece Kell, only daughter of Mr. and Mrs.Stanley A Bundock-Kell, of Lacmalac, Tumut, was married at All Saints' Church of England, Tumut, to Mr.Thomas Lancelot (Peter) Wilkinson, eldest son of Mr. Thomas Wilkinson, of Springfield, Tumut. Both bride and bridegroom belong to pioneering families of the district. A frock of white self-spotted crinkle organdie was worn by the bride, and her veil had been worn by the late Mrs. Charles Bundock at her wedding sixty years ago. The Misses Betty Holloway (cousin) and Audrey Morris, who were bridesmaids, wore blue organdie stitched with silver, with matching hats trimmed with flowers. Mr. W. McLeod was best man, and Mr. John Wilkinson (brother) groomsman. After the ceremony, which was performed by the Rev. F. W. Rettie, the guests were entertained at the Royal Hotel. - (Ref- The Sydney Morning Herald (NSW : 1842 - 1954) Thursday 27 February 1936).

1939 - SEVERELY BURNT BY PETROL FLAMES TUMUT, Saturday. - While Thomas Harris was syphoning petrol from a motor car at Lacmalac and transferring it to a tractor the spirit was ignited by the flame of a hurricane lamp. There was an explosion which enveloped Harris in flames, and he was severely burned. - (Ref- Barrier Miner (Broken Hill, NSW : 1888 - 1954) Saturday 21 January 1939).

1929 - MINISTERIAL VISIT TO TUMUT. TUMUT, Sunday. The Minister for Lanas lair. ii. 1. uatti, accompanied by Mr. A. H. Chesterman (chairman of Closer Settlement Advisory Boardl, Mr, W. J. Roper Under-Secretary for Lands), Mr, J. J. Baker (district surveyor at Wagga), and Mr. John Ross, M.L.A. for Albury, arrived in Tumut on Friday, en route from Cooma, Kiandra, and Yarrangobilly Caves. The visitors were met by Mr. T. P. Arrangon (Tumut Shire president), Councillor L. Cusack, members of the Tumut Tourist and Progress League, and Lacmalac Soldiers' Settlement. The Tourist League asked that the local Police paddock, on the Tumut River, serving now no further use to the Police Department, due to horses being supplanted by motors, should be rededicated as a tourists' and recreation ground, vested in the shire council. Mr. Ball promised support. Mr. D. L. Herihy asked that facilities should be provided on seven stock routes in the district, to prevent collisions, and the holding up of motor cars for hours when penetrating mobs of sheep and cattle. The Minister promised to refer the question to the Main Roads Board and shire council.

Soldier settlers' deputation enquired as to what action the department was taking to afford relief at the Lacmalac settlement, as detailed by the annual conference of the R.S.S.I.L.A. recently. Mr. Ball advised that it was impossible to apply a flat rule to meet all cases, and the financial position needed careful handling by the Government. - (Ref- The Sydney Morning Herald (NSW : 1842 - 1954) Monday 11 February 1929).

1930 - OBITUARY. MR. JOHN BEALE. - Mr. John Beale, who died at Randwick on Tuesday in his 90th year, had an interesting career on the goldfields of New South Wales; He came to Sydney from Liverpool by the steamer Annie Wilson in 1859 For a time he was engaged in mining near Kiandra. He then proceeded to Broken Cart diggings, where he and two mates struck a rich pocket yielding 7 lb of gold in two days. Later he went to Lambing Flat (Young), and then to Lacmalac, near Tumut, where he was engaged in farm work Later he purchased a dray and three horses and commenced dealing in produce. Buying corn locally at 1/6 a bushel, he took it to Grenfell and Lambing Flat, where he sold It at £ I a bushel with little difficulty. With a large outfit he hauled merchandise from Sydney to Wagga, Tumut Adelong, and Intermediate settlements along the Great Southern Road. On one occasion when carrying spirits for an Adelong merchant. Beale and a mate were boiled up by three bushrangers at Black Springs between Jugiong and Gundagai, but all the bushrangers took was a quantity of brandy.

In 1878 Mr Beale acquired Sander's Tumut brewery, which he extended and directed until 1911, when he retired from the business. He was a prominent Oddfellow and Freemason, and is survived by Mrs Beale three sons, and two daughters. A service preceding the interment will be held this morning at St Stephen's Church, Randwick.- (Ref- The Sydney Morning Herald (NSW : 1842 - 1954) Thursday 15 May 1930).

DAIRY FARMING INCREASED COSTS IMPOSSIBLE. That the dairying industry is on anything but a satisfactory basis can hardly be denied. In Tasmania the majority of dairy farmers are up against it. From N.S.W. comes a report of evidence submitted to the cost of living commission, in Sydney it says: Dairy farmers rallied before the Cost of Living Commission at Sydney to emphasise that any increase in the basie wage could not be met by them.

G. W. Gordon, a dairy. farmer of Raleigh, on the north coast of New South WVales, for as years, said he and his two sons managed 300 acres with 70 cows. When single labour was employed the wage paid was £2 5s a week and keep. On an occasion when a married man was employed the pay was £3 a week. The average wage in`the district for single men was 30s a week. and keep. Most of the married men working on the dairy farms worked on the share system. He and his sons divided equally, and practically the farm returned them the equivalent of the basic wage, without any allowance for interest on capital. This year north coast farmers were "up against" the worst drought is their experience,- which meant that returns would be much less than formerly. His own monthly return showed a drop of nearly 50 per cent.

1927 - THE SOLDIER SETTLEMENT. A. McAdamn, a dairy farmer on the Lacmalac soldier settlement, in the Tumut district, said he had a selection of 139 acres. He took up his block in 1920, and was a married man with two young children. They came under the group settlement scheme, and if paymenlts were kept up could get their freehold titles in 31 years. He had 42 cows and milked 30. The average wage Paid in the district was 30s and keep. "But," added the witness, one farmer who was there claimed that the dairy farmer could not afford to pay wages." His farm had not been a paying proposition, and all of the farmers on the settlement were behind in their rent to the Government.

Patrica Grant, president of the Primary Producers' Union, and a dairy farmer on the Nambucca River, said he owned .34- acres, and his return last year was £1000 gross. Under an agreement with his sons 110 drew an allow ance of-£50, and the four' boys divided anything between £60 and £100 a year each. The three girls drew from. £10 to £20 less than the boys. In his opinion, the dairy industry on the north coast could not pay any increase on the present wage of 30s a week and keep,

PRIMIARY PRODUCERS' COSTS. A. P. Dunlop, general secretary of the Primary Producers' Union, and one time dairy farmer, said conditlons to day on dairy farms were infinitely worse than in 1921, due to lower prices, climatic influences, and increased costs. Returns which his union were procuring indicated that numbers of adult workers were employed in rural pur suits, and that the average wage 'for single men was 30s a week and keep. Witness tendered a return showing the drop in the returns to dairy farmers from butter factories since 1921. An other roeurn showed how the prices of commodities used by farmers had advanced between 1901 mid 1924. Any increase in existing wage rates would, he was convinced, mean the dismissal of a great number of men now employed on farms. This would retard production. - (Ref- Examiner (Launceston, Tas. : 1900 - 1954) Saturday 1 January 1927).

1930 - TUMUT. - Mrs. Mary Ann Harris, widow of Mr. Alfred Harris, of Lacmalac, died on Friday after a short illness, aged 79. Both Mr. and Mrs. Harris belonged to the early pioneers of the district. — (Ref- The Sydney Morning Herald (NSW : 1842 - 1954) Monday 1 September 1930).

1954 - DAIRY CLEARANCE SALE - Account I. A. Ferguson, Esq., Lacmalac.

Outstanding A.I.S. Herd - Dairy and Farming Plant. Friday, 28th May, 1954 at 1.30 p.m. - Make a noté of date and time.

26 Special AIS Cows mostly 3/5 jeais Joined AIS Bull to calve June/Iuly

13 2 year old AIS Herfers-Joined AIS Bull to calve July/August ~ . 10 Yearling AIS Helfers

The herd has a strong influence of Dudgeon blood and are heavy producérs. Most have been treated with Strain 19 Complete dairy and farming Plant

Also account Various Owners

10 Jersey Helfeirs 2 years Strain 19 to calve July Jersey

Bull one bland

25 Yearling: Jersey Heifers Number of pigs

HERRON WEBB & HOLMES, TUMUT, - Australian Mercantile Land & Finance Co Ltd , Wagga. - Agents in Conjunction - (Ref- The Canberra Times (ACT : 1926 - 1954) Friday 21 May 1954).

This report is submitted in good faith. All endeavours have been made to make all entries authentic and correct. For any corrections and additional valuable information, maps and photos you may have please contact John

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