Ferran

speaking for the Court, said:

*309 Judgment reversed and cause remanded, with direction to annul the order of November 5, 1873.

The most serious ground with me is the one last spoken of by counsel, that each tract and the ownership thereof in the land which has to bear the burden of reclamation should be described. It should appear distinctly whether these tracts of land and their owners are described before the Board. And unless the tracts of land are described in such a way that they may be fully known aud identified, there i's nothing upon which the Board could act. It' is not enough to say that there are so many acres, nor to say that the land is in a particular survey; but the legal subdivisions should be given, together with the portion held by each owner. I have doubts, also, about the sufficiency of the publication. But my strong ground is the one I have just stated.

I agree with the Chief Justice, and also with Mr. Justice Rhodes, that the petition should state on the face of it the name of the owner of each piece or tract disposed of or affected. Also, that the petition as filed should be published, to give the Board jurisdiction. Speaking for myself alone, I am also…