. 
* 
175 
more proper that the parties should agree to send it for arbitra- 
tion; and this advice was accepted by the litigants. 
The dispute arose between two mining proprietors, whom 
we will call, for convenience, No. 1 and No. 2, the former 
claiming under the Dean Forest Mining Award all the iron-ore 
mineral from a certain defined water line drainage level, or 
Horse Road, in the Parkhill Iron Mine, situated in the South- 
Western part of the Forest, up to a similar water drainage line 
in the Lower Oakwood Mill Level Iron Mine, 220 perpendicular 
feet above the former, No. 2 proprietor claiming all the iron-ore 
mineral under the same Award from the last-mentioned drainage 
line upon the inclination of the strata up to the surface (see 
diagram) No. 1 upon which the outcroppings of the Underedge 
and lid-stone are represented. In each case the drainage level 
tunnel becomes the working road by which the extracted mineral 
was transported to the surface. 
In a technical, or mining engineering sense, No. 1 pro- 
prietor had, under the said Award, absolute right to extract 
the mineral from his deep boundary line, 7.e., the Level, or 
Horse Road in Parkhill Iron Mine, for 220 perpendicular feet, 
up to the level water drainage line, or Horse Ruad in Oakwood 
Iron Mine. 
Diagram No. 1 represents a lateral or cross section of the 
iron-ore measures, taken from the Western outcroppings to- 
wards the East, or in the deep, and supposing that the iron-ore 
measures existing between the Underedge and Lid-stone were 
full of deposits of mineral, all such deposits of iron-ore would 
be exhausted by extracting the triangular area of mineral 
marked A, corresponding to each deposit, but this would result 
in the destruction of that part of the Level Horse Road belong- 
ing to proprietor No. 2 resting upon each mineral deposit. 
Consequently a serious impediment would arise, interfering 
with the rights of No. 2 proprietor in the transport of his mineral 
to the surface, and bring about an action for damages. 
This being the case, very able, ingenious, and long legal 
arguments were advanced, and a number of technical witnesses 
called in to prove that both sides were right. 
