Abattoirs Further Agreement Ratification and Meat Industry Act of 1932 (23 Geo v No. 4) (Qld)

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Abattoirs Further Agreement Ratification and Meat Industry Act of 1932 (23 Geo V No. 4)
23 GEO. V. No. 4,1932. STOCK. Abattoirs Further Agreement, Etc., Act. 14427 STOCK. (1) The Abattoirs Further Agreement Rxtific:ttion and Meat Industry Act of 1932 .. .• (2) The Queensland Meat Inspection Agreement Act of 1923 23 Geo. V. No. 4 23 Geo. V. No. 5 (3) The Abattoirs Agreement Ratification and Meat Industry Act Amendment Act of 1932 . . 23 Geo. V. No. 12 An Act to Approve, Ratify, and Confirm an Agree- 23 Geo. V. ment dated the First day of April, One ~ ~ :. thousand nine hundred and thirty-two, made 1; l: ~ ;: ~ ~ < ; between Swift Australian Oompany, Limited, AIi::! ~~ ~ T the Queensland Meat Industry Board (consti- TI~ ~ ~: D tuted under " The Abattoirs Agreement INDUSTRY Ratification and MeatIndustryActof ACT OF 1932. 1930"), and the Honourable Arthur Edward Moore, Ohief Secretary of the State of Queensland for and on behalf of and autho- rised by the Government of the State of Queensland, having further reference to the Abattoirs in the Oity of Brisbane. [ASSENTED TO 22ND SEP'l'EMBER, 1932.] -BE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows :- 1. This Act may be cited as " The Abattoirs Further Short title Agreement Ratification and Meat Industry Act of 1932," and t and shall be read and construed as one with, and as an ~for: . rue· amendment of *" The Abattoirs Agreement Rat~fication and Meat Industry Acts, 1930 to 1931." 2. The Agreement made on the first day of April, Ratification One thousand nine hundred and thirty-two, between ~ greement. Swift Australian Company Limited, a company duly * 21 Geo. V. No. 13, supra, page 13319, 22 Geo. V. No. 18, supra, page 14051.
14428 STOCK. Abattoirs FurtkerAgreement, Etc., Act. 23 GEO. V. No. 4, Sohedule. incorporated and registered under *" The Oompanies Acts, 1863 to 1909" (hereinafter with its successors called "the Company") of the first part; the Queensland Meat Industry Board, being a corporation constituted under the provisions of t" The Abattoirs Agreement Ratification and Meat Industry Act of 1930" (hereinafter called "the Board") of the second part; and the Honourable Arthur Edward Moore, Chief Secretary of the State of Queensland for and on behalf of and authorised by the Government of the State of Queensland, of the third part, a copy of which Agreement is set forth in the Schedule to this Act, is hereby approved, ratified, and confirmed; and all acts, matters, and things done and performed in accordance with the said Agreement prior to the passing of this Act, or to be done and performed under or pursuant to the said Agreement after the passing of this Act, are approved, ratified, and confirmed and are authorised, and are and shall be valid and effectual for all purposes whatsoever. The Company, the Board, and the Chief Secretary of the State of Queensland, and each of them and their and his successors, are hereby authorised and empowered to carry into execution the said Agreement hereby approved, ratified, and confirmed. THE SCHEDULE. .AN AGREEMENT made this first day of April 1932 BETWEEN SWIFT AUSTRALIAN COMPANY LIMITED a Company duly incorporated and registered under "The Companies Acts, 1863 to 1909" whose registered office for the State of Queensland is situated at Wool Exchange Building 63-71 Eagle Street Brisbane in the said State (hereinafter with its successors called" the Company") of the first part '!'HE QUEENSLAND MEAT INDUSTRY BOARD being a Corporation constituted under the provisions of "The Abattoirs Agreement Rati- fication and Meat Industry Act of 1930" (hereinafter called "the Board") of the second part and '!'HE HONOURABLE ARTHUR EDWARD MOORE Chief Secretary of Queensland for and on behalf of and authorised by the Government of the State of Queensland of the third part WHEREAS the Board is about to issue to the Company the Debentures amounting to Four hundred and ninety thousand pounds * 27 Vie. No. 4 and amending Acts, supra, pages 186 et seq, now repealed. (See" The Oompanies Act of 1931," Seh. XI., page 13693). t 21 Geo. V. No. 13, supra, page 13319.
1932. STOCK. -- - - - - - - ~ ~ - - - - . - - - - - - - - . - - - . - ~ . Abattoirs Further Agreement, Etc., Act. (£490,000) particulars of which are set forth in Schedule 3 to the Agreement appearing in the Schedules to the above-mentioned Act (which Debentures are hereinafter referred to as "the" A" Series of Debentures") and certain Debentures amounting to Forty two thousand pounds (£42,000) (hereinafter referred to as " the" B" Series of Deben- tures") being the Debentures to be issued to the Company by the Board pursuant to clause 9 of the said Agreement and all of which said Debentures are to rank pari passu as a first charge on the property of the Board AND WHEREAS by the said Agreement it was provided that the" A" Series of Debentures should be issued by the Board to the Company in purchase of the property particularised in Schedule A to the said Agreement and the Company by the said Agreement agreed that it would at its own expense within the time thereby prescribed carry out and effect the alterations and additions to the said property set out in Schedule 1 to the said Agreement which alterations and additions the Company has accordingly effected AND WHEREAS the Company in addition to such said alterations and additions as aforesaid effected further alterations and additions to the said property at the request of the said THE HONOURABLE ARTHUR EDWARD MOORE in such capacity as aforesaid involving additional expenditure (hereinafter referred to as the said additional expenditure) in respect of which the Company has made a claim against the Board for the sum of Eight thousand six hundred and seventy-one pounds (£8,671) the accuracy of which has not yet been determined by the Board AND WHEl~ EAS by the said Agreement it was further provided that the "B" Series of Debentures should be issued by the Board to the Company as the consideration for the erection and construction of saleyards according to plans and specifications to be approved and the erection of agents offices and the Company duly completed the erection and construction thereof AND WHEREAS the Company in addition thereto erected and constructed further works at the request of THE HONOURABLE ARTHUR EmvARD MOORE in such capacity as aforesaid involving further additional expenditure (hereinafter referred to as the said further additional expenditure) in respect of which the Company has made a further claim against the Board for the sum of ]'ive thousand two hundred and twenty-one pounds (£5,221) the accuracy of which has not yet been determined Now IT IS HEREBY AGREED AND DECLARED by and between the parties hereto (subject to the said Government procuring the passage prior to the first day of November 1932 of the Act of Parliament hereinafter mentioned) as follows :- 1. The amount of the said additional expenditure when determined as aforesaid shall be added to the aggregate amount of the said "A" Series of Debentures now about to be issued as aforesaid and the Board shall issue to the Company a fresh" A" Series of Debentures to the aggregate face value of Four hundred and ninety thousand pounds (£490,000) plus the amount of the said additional expenditure in lieu of and in exchange for the" A" Series of Debentures now about to be issued as aforesaid in the denominations set forth in the First Schedule hereto and maturing on the respective dates therein appearing and carrying interest at the rate of Five pounds per. centum per annum as from the twenty-third day of May 1932 provided that if it shall he found that the said additional expenditure shall amount to less H42U
14430 STOCK. Abattoirs Further Agreement, Etc., Act. 23 GEO. V. Xo. 4, than the said sum of Eight thousand six hundred and seventy-one pounds (£8,671) the denominations of the said Debentures shall be reduced accordingly but so that none of the said Debentures shall be for a lesser amount than Five hundred pounds (£500). 2. The Board shall on the issue of the said fresh Debentures mentioned in the preceding clause hereof pay to the Company interest at the rate of Five pounds per centum per annum on the said additional expenditure as from the twenty-third day of November 1931 to the twenty-third day of May 1932. 3. The amount of the said further additional expenditure shall be added to the aggregate amount of the said" B " Series of Debentures now about to be issued as aforesaid and the Board shall issue to the Company a fresh "B" Series of Debentures to the aggregate face value of Forty-two thousand pounds (£42,000) plus the amount of the said further additional expenditure in lieu of and exchange for the " B" Series of Debentures now about to be issued as aforesaid in the denominations set forth in the Second Schedule hereto and maturing on the dates therein appearing and carrying interest at the rate of Five pounds per centum per annum as from the twenty-third day of May 1932 in lieu of at the rate of Six pounds per centum per annum as provided by the said Agreement and the" B" Series of Debentures now about to be issued as aforesaid provided that if it shall be found that the said further additional expenditure shall amount to less than the sum of Five thousand two hundred and twenty-one pounds (£5,221) the denominations of the said Debentures shall be reduced accordingly but so that none of the said Debentures shall be for a less amount than Five hundred pounds (£500). 4. The Board shall on the issue of the said fresh Debentures mentioned in the preceding clause hereof pay to the Company interest at the rate of Five pounds per centum per annum on the items comprised in the said further additional expenditure computed from the respective dates of the expenditure of the sums represented by such items to the twenty-third day of May 1932. 5. The said fresh "A" Series of Debentures shall be in the form set out in the Fifth Schedule hereto or as near thereto as circum- stances will admit but so that the date which shall be inserted in clause three thereof shall be a date corresponding to five years from the issue of the "A" Series of Debentures now about to be issued as aforesaid and the fresh" B " Series of Debentures shall be in t,he form set out in the Sixth Schedule hereto or as near thereto as circumstances will admit and none of such fresh Debentures shall confer any charge over any of the property of the Board. 6. The Company undertakes on the issue of the said fresh Deben- tures as aforesaid to surrender to the Board all the Debentures now about to be issued to the Company by the Board as aforesaid in order that they may be cancelled.
STOCK. 1932. Abattoirs Further Agreement, Etc., Act. 7. The Company undertakes that on the issue of the fresh" B " Series of Debentures it will refund to the Board so much of the interest ()n the said "B" Series of Debentures as shall have been paid by the Board in excess of the rate of Five pounds per centum per annum. 8. All such fresh Debentures as aforesaid shall be guaranteed by the Treasurer on behalf of the said State AND IT IS HEREBY AGREED by and between the said Board and the said THE HONOURABLE AR"rHUR EDWARD MOORE that the Board shall execute in favour of such Treasurer a Bill of Mortgage over the whole of its freehold lands and a Bill of Sale over the whole of its remaining assets for securing to the said Treasurer the due payment of all moneys which he shall be called upon to pay under or by reason of the said Guarantee such Bill of Mortgage and Bill of Sale to be in such forms and to contain such covenants provisions and stipulations as the parties thereto may mutually agree upon. 9. The Government will use its utmost endeavours to procure the passing at the first session of the Legislative Assembly of Queensland and before the first day of November 1932 of an Act of Parliament authorising and directing the carrying into effect of the provisions of this Agreement or such modifications or variations thereof as shall before the passing of the said Act be mutually agreed upon by and between the parties hereto and directing the guaranteeing by the Treasurer on behalf of the said State of the said fresh Debentures. 10. This Agreement shall be deemed to be provisional only and shall have no force and effect until the passing of such Act as aforesaid and in case such Act is not so passed before the said first day of November 1932 it shall be deemed to be void and at an end except as to clauses 11 and 12 hereof but without prejudice however to the rights of the Company to recovery of amount of the said additional expenditure when determined with interest thereon at the rate of Five pounds per centum per annum from the twenty-third day of November 1931 to the date of payment and the amount of the said further additional expenditure when determined with interest thereon at the rate of Six pounds per centum per annum from the respective times when the items which represent such sum were respectively expended up to the date of payment. 11. In case the said Act is not so passed as aforesaid before the first day of November 1932 thereupon the Board shall issue to the Company a fresh" A " Series of Debentures in the denominations set forth in the Third Schedule hereto and a fresh "B" Series of Debentures in the denominations set forth in the Fourth Schedule hereto which said fresh Debentures shall be in the like form respectively as the "A" and "B" Series of Debentures now about to be issued in lieu of and in exchange for the Debentures now about to be issued and such fresh Debentures shall be guaranteed by the Treasurer on behalf of the said State and upon the issue of such fresh Debentures the Company shall surrender to the Board the said Debentures now about to be issued in order that they may be cancelled. No Debentures other than as are hereinbefore provided for shall be issued by the Board without the consent of the Governor in Council 14431
14432 STOCK. ---------------- Abattoirs Further Agreement, Etc., Act. 23 GEO. V. No. 4, . _ - - - - - - - - - - - 12. Nothing herein shall be deemed to impose any personal obligation or liability on the said THE HONOURABLE ARTHUR EDWARD MOORE. IN WITNESS WHEREOF the parties hereto have executed these presents the day and year first hereinbefore written. THE FIRST SCHEDULE HEREINBEFORE REFERRED TO. Total. 29-£500 Debentures due 23rd November 1932 £14,500 5556566747444333333111111111111111111112518074481531197542- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 755859855755578559555985555557743855567890090510080008207008003195000001090005181705050041000901041057006300000060340 " " " " " " " " " " " " " " " " " " " " " : " " " " " " " ~ " " " " " " " n " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " 111111111111111111111111111111111111111999999999999999999999999999999999999999444444444444444444555453333333433333333745657641398389111220002377955963084864 796 15,500 531 16,000 803 17,000 613 17,500 964 18,500 857 19,500 796 20,500 781 21,500 815 22,500 901 24,000 541 25,000 738 26,000 99.5 27,500 815 29,000 801 30,500 757 32,000 784 33,500 889 35,500 574 37,000 920 986 £498,671 - ~ ; - ; ; ; ; ; ; ;
STOCK. --- ---.- --- ---,,------------ .------ --- -------- 1932. Abattoirs Further Agreement, Etc., Act. 14433 THE SECOND SCHEDULE HEREINBEFORE REFERRED TO. 1 Debenture for £500 due 23rd ~overnber 1932 13 " 2 1 2 ~ " , 211 " " 2 431 " " 333111 " " " " " 1 445411 " " " " " 559585556975560000000000000000000000000000 " " " " " " " " " " " " " " " " " " " " " " " 1111111111111H9999999999999l3333333333334323577654699840 700 1940 556859500000000000000 " " " " " " " 111111H999999l44444441124324 750000 " 11994455 500 1946 1 55 451111 u " " " " " " " " 5 ,> 850000 " 1946 1947 900 1947 500 1948 550 1948 .. 575565000500000 " " " " " " " " 11111999995554410909 I :) 871 " ., 1951 Total. £500 900 1,500 1,000 600 1,000 700 1,000 800 1,000 900 2,000 1,500 600 1,500 700 1,500 800 1,500 900 2,500 2,000 600 2,000 700 2,000 800 2,000 900 2,500 550 2,500 650 2,500 750 2,500 871 86 £47,221 = ~ -- -
14434 STOOK. -.------ - ~ - - - - - - - - ~" - ~- - - - - - - - - - - - - - --- - - - ---- - - - - - ~ - - . - - - - A.battoirs Further Agreement, Etc., Act. 23 GEO. V. No. 4, --------- - -- - - - - - - - - --- - - - -- - - - ---- THE THIRD SCHEDULE HEREINBEFORE REFERRED TO. Number Deben- Denomination. turos. £ Date due. ,--- "-- Month. Yoar " . Total. £ 28 500 23rd November 1932 1 896 30 500 1 631 31 500 1 903 33 500 " " " " " 1932 1933 1933 1934 1934 1935 1 713 35 500 1 564 36 500 1 957 " " " " 1935 1936 1936 1937 1937 38 500 1 896 40 500 " " 1938 1938 1939 1 881 1939 42 500 1 915 45 500 1 501 47 500 1 64] 49 500 1 838 52 500 " " " " " " " " 1940 1940 1941 1941 1942 1942 1943 1943 1944 1 595 1944 54 500 1 915 57 500 1 801 60 500 1 757 63 500 1 784 66 500 I 889 70 500 1 574 73 500 I 849 " " " " " " " " " " " " " " 1945 1945 1946 1946 1947 1947 1948 1948 1949 1949 1950 1950 1951 1951 14,000 896 15,000 631 15,500 903 16,500 713 17,500 564 18,000 957 19,000 896 20,000 881 21,000 915 22,500 501 23,500 641 24,500 838 26,000 595 27,000 915 28,500 801 30,000 757 31,500 784 33,000 889 35,000 574 36,500 849 969 £490,000 =--
STOCK. 19B2. Abatto'irs Ihlrther Agreement, Etc., Act. THE FOURTH SCHEDULE HEltEINBEFORE REFERRED TO. NDuembebne-r Denomination. tures. £ 5 500 1 716 5 500 1 909 6 500 1 613 6 500 1 830 7 500 1 561 7 500 1 805 8 500 1 562 8 500 1 836 11 500 I 626 9 500 1 542 80 Date due. , ~ _ _ _ _ _ _ ~ A~ _ _ _ _ _ _ _ ~ Month. Year. 23 November " " " " " " " " " " " " " " " " 1932 1932 1933 1933 1934 1934 1935 1935 1936 1936 1937 1937 1938 1938 1939 1939 1940 1940 1941 1941 Total. £ 2,500 716 2,500 909 3,000 613 3,000 830 3,500 561 3,500 805 4,000 562 4,000 836 4,500 626 4,500 542 £42,000 14435 THE FIFTH SCHEDCLE HEREINBEFORE REFERRED TO. THE QUEENSLAND MEAT INDUSTRY BOARD. Issue of £ FIRST DEBENTURES. The issue is made under the provisions of " The Abattoirs Agree- ment Ratification and lrleat Industry Acts, 1930 to " DEBENTURE. Series No. £ 1. The Queensland Meat Industry Board (hereinafter called " the Board ") hereby undertakes to pay to or other the registered holder of this Debenture on the day of 19 the sum of £ and until payment of the said sum of £ to pay interest thereon at the rate of £ per centum per annum by equal half-yearly payments on the day of and the day of in each year. 2. This Debenture is one of the" A" Series of Debentures issued, or about to be issued, by the Board, for a total sum of not exceeding £ . All the Debentures of the said Series, and of Series " B" issued, or about to be issued, by the Board for a total sum of £ are payable pari passu.
14436 STOCK. Abattoirs Further Agreement, Etc., Act. 23 GEO. V. No. 4, Date of 3. This Debenture shall not be negotiated or the possession Disseubeenotfures thereof parted ~ th by the holder to wh?m it shall have been iss~ ed under the (save as a deposIt by way of security wIth any bank or banks wIth existing Act. which the said holder has or shall have an account or by delivery up to the Board upon payment of the amount of the Debenture) until after the . day of 1937. 4. This Debenture may be redeemed by the Board at any time by payment of a sum equal to the face value thereof and interest to the date of such redemption. 5. A register of Debentures will be kept at the Office of the Board, and there will be entered therein the names, addresses, and descriptions of the registered holders and particulars of the Debentures held by them. 6. The registered holder will be regarded as exclusively entitled to the benefit of this Debenture. No notice of any trust will be entered on the register or recognised. 7. Every transfer of this Debenture must be in writing under the hand of the registered holder or holders. In case of death of a single registered holder the transfer must be under the hand of his legal personal representative; in case of joint registered holders under the hand of the survivor. 8. The transfer must be delivered to the Office of the Board with a fee of two shillings and sixpence and such evidence of identity or title as the Board may require. The register of Debentures will be closed for fourteen days next before the days by this Debenture fixed for the payment of interest, and no transfers will, during that period, be registered. 9. The principal moneys and interest hereby secured will be paid without regard to any equities between the Board and the original or any intermediate holder hereof, and the receipt of the registered holder for such principal moneys and interest shall be a good discharge to the Board for the same. lV. The principal moneys and interest hereby secured will be paid at the Office of the Board. 11. A notice sent through the post in a prepaid letter addressed to a Debenture holder at his registered address shall be deemed due service of such notice on the Debenture holder at the expiration of twenty-four hours from the time of posting. Given under the Corporate Seal of THE QUEENSLAND MEAT INDUSTRY BOARD this day of 193 THE CORPORATE SEAL of THE QUEENSLANDl MEAT INDUSTRY BOARD was hereto affixed by the Secretary to the said THE QUEENSLAND MEAT INDUSTRY BOARD in the 1 presence of J The payment of both principal and interest secured by this Debenture are guaranteed by THE TREASURER OF QUEENSLAND for and on behalf of the Government of the said State. Witness: Treasurer of Queensland.
ID:-l2. STOCK. A~ battoirs Further Agreement, Etc., Act. THE SIXTH SCHEDULE HEREINBEFORE REFERRED TO. THE QUEENSLAND MEAT INDUSTRY BOARD. Issue of £ FIRST DEBENTURES. The issue is made under the provisions of "The Abattoirs Agreement Ratification and l'Ieat Ind~ lstry Acts, 1930 to " DEBENTURE. Series No. £ 1. The Queensland Meat Industrv Board (hereinafter called H the Board") hereby undertakes to pay "to or other the registered holder of this Debenture on the day of 19 the sum of £ and until payment of the said sum of £ to pay interest thereon at the rate of £ per centum per annum by equal half-yearly payments all the day of and the day of in each year. . 2. This Debenture is one of the" B" Series of Debentures issued or about to be issued by the Board for a total sum of not exceeding £ . All the Debentures of the said Scries, and of Series "A" issued, or about to be issued, by the Board for a total sum of £ are payable pari passu. 3. This Debenture may be redeemed by the Board at any time by payment of a sum equal to the face value thereof and interest to the date of such redemption. 4. A register of Debentures will be kept at the Office of the Board and there will be entered therein the names addresses and descriptions of the registered holders and particulars of the Debentures held by them. 5. The registered holder will be regarded as exclusively entitled to the benefit of this Debenture. No notice of any trust will be entered on the register or recognised. 6. Every transfer of this Debenture must be in writing under the hand of the registered holdcr or holders. In case of death of a single registered holder the transfer must bc under the hand of his legal personal representative; in case of joint registered holders under the hand of the survivor. 7. The transfer must be delivered to the Office of the Board with a fee of two shillings and sixpence and such evidence of identity or title as the Board may require. The register of Debentures will be closed for fourteen days next before the days by this Debenture fixed for the payment of interest, and no transfers will, during that period, be registered. 8. The principal moneys and interest hereby secured will be paid without regard to any equities between the Board and the original or any intermediate holder hereof and the receipt of the registered holder for such principal moneys and interest shall be a good discharge to the Board for the same. 14437
14438 STOCK. Abattoirs Further Agreement, Etc., Act. 23 GEO. V. No. 4, 1932. 9. The principal moneys and interest hereby secured will be paid at the Office of the Board. 10. A notice sent through the post in a prepaid letter addressed to a Debenture holder at his registered address shall be deemed due service of such notice on the Debenture holder at the expiration of twenty-four hours from the time of posting. Given under the Corporate Seal of THE QUEENSLAND :MEAT INDUSTRY BOARD this day of 193 THE CORPORATE SEAL of THE QUEENSLAND I MEAT INDUSTRY BOARD was hereto I affixed by the ~ Secretary to the said THE QUEENSLAND I MEAT INDUSTRY BOARD in the I presence of ) The payment of both principal and interest secured by this Debenture are guaranteed by THE TREASURER OF QUEENSLAND for and on behalf of the Government of the said State. Witness: Treasurer of Queensland. THE COMMON SEAL of SWIFT AUSTRALIANl COMPANY LIMITED was hereunto affixed J by William Herbert Symmons Secre- tary of the Company and the signatures of Wallace Charles Watkins Managing W. C. WATKINS. Director and of the said Secretary were hereunto subscribed in the presence of GEO. H. BRITTAIN Countersigned by me and I certify that the said Common Sea} was hereunto affixed in pursuance of a resolution of the Directors. W. H. SYMMONS, Secretary. THE CORPORATE SEAL of THE QUEENSLAND} MEAT INDUSTRY BOARD was hereto affixed by John Simpson the Secretary to the said The Queensland Meat Industry Board in the presence of [THE SEAL.] G. F. COLLINGWOOD SIGNED by the said THE HONOURABLE} ARTHUR EDWARD MOORE in the tJresence of E. LITTLER. A. E. l\WORE.
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