It is requested that the following 
number be quoted in reply to this 
letter. 
gtttmroii- dtettml'a (rtflice. 
Gardens 15/1911* 
2 8th:Pebruary . jQ n 
§ 
Sir, 
* 
In reply to your letter of the 18th: instant asking for 
/ 
information as to the requirements to prevent a right of way 
being acquired by user over the roads in the Botanical Gardeni 
I have the honour to advise you as follows 
1. The Prescription Act does not apply to this Colony ai.d 
i 
so far as the aequsition of a right of way by prescription 
under the common law is concerned it is doubtful if such a 
right can be acquired here,by reason of the nature of the • 
» 
fiction of the law upon which such a right rests \ namely, 
the presumption^arising from long enjoyment of the righ^of 
a grant made and lost in modern times. I has been held by the 
Chief Justice that in-as-much as it would be always possible 
I , ' 
here to show an extinguishment of the right by unity of owner- 
S' * * 
-ship of the dominant and servient tenements within the time 
of legal memory the presumption of a lost grant would be 
* ^ * ♦ 
inapplicable to claims to such easements as.right of way m 
"this Colony 
'•5 
Henry R.Ridley Esquire* 
2.. Assuming, 
Director of Gardens* 
S • S • 
8 . 3 ; ?/x 
A 
m 
is, 
_ 
■Hi 
