Agricultural Bank Act of 1901 (1 Edw VII No. 24) (Qld)

I. PUBLIO AOTS OF THE PARLIAMENT OF QUEENSLAND, r EDWARDI VII. AGRICULTURAL BANK. An Act to Authorise the Establishment of a Bank for the 1 Edw. VII purpose of promoting the Occupation, Cultivation, and TH N E o. A 2 G 4 R . I- Improvement of Agricultural Lands. CUVl'(;RAL BANK ACT m- [ASSENTED TO 31sT DECEMBER, 1901.J 1901 'BE it enacted by the King's Most Excellent Majesty, , by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. This Act may be cited as " The Agricultural Bank Short title. Act of 1901." 2. In this Act, unless the context otherwise indicates, Illterpretu- the following terms have the meanings set against them tioll. respectively, that is to say : - "Bank"-The Agricultural Bank of Queensland established under the authority of this Act; " Trustees"-The 'frustees for the time being of the Agricultural Bank of Queensland constituted under the provisions of this Act; "Manager"-The Manager of the Bank for the time being appointed under the provisions of this Act; "Agricultural Lands "-Any lands held in fee- simple and used or about to be used bond fide fo), agricultural or dairying purposes; also any lands held under the laws in force for the time being relating to Crown lands as an agri- cultural farm, agricultural homestead, grazing farm, grazing homestead, or unconditional selection, or mining homestead leases held under Part VIII. of" The Mining Act O/18WO";* * 62 Vie. No. 24, supra, page 6609.

8072 AGRICULTURAL BANK. . Agricultural Bank Act. 1 Enw. VII. No. 24, also any other lands whioh the Governor in Council may by Order in Counoil published in the Gazette declare to be agricultural lands. for the purposes of this Act; " Regulations"- Regulations made under the autho- rity of this Act; " Prescribed "-Prescribed by this Act or by the- Regulations. Govemorin 3. The Governor in Council may, subject to the pro- eCsotaubnlciislhmaanyd visions of this Act, establish and maintain an Agricultural maintain Bank for the purpose of promoting the occupation, culti- Bank. vation, and improvement of the agricultural lands of Queensland. Appointment 4. (1.) The Governur in Council may from time to of Trustees. time appoint three persons to be the Trustees of the Bank, who shall have the powers and be charged with the duties. hereinafter specified. He may from time to time appoint a Trustee to fill any vacancy that may arise. He may pay to the Trustees such salaries and allowances as he- thinks fit. (2.) The Trustees, under the name or style of "The Trustees of the Agricultural Bank of Queensland," shall be- a body corporate, with perpetual succession and a common seal, and shall be capable in law of suing and being sued, and of holding and alienating land, and of doing and suffering all such other acts and things as bodies corporate may by law do and suffer. (3.) Every rl'rustee shall hold office during good behaviour, and shall not be removed therefrom unless an Address praying for such removal shall be presented to the Governor by the Legislative Council and Legislative Assembly in the same session of Parliament: Provided that at any time when Parliament is not sitting the Governor in Council may suspend any Trustee- from his office for inability or misbehaviour, in which case a statement of the cause of suspension shall he laid before both Houses of Parliament within seven davs after the commencement of the next session thereof. • A Trustee suspended under this section shall be restored to office unless the Legislative Council and the Legislative Assembly. within twenty-one days from the time when such statement shall have been laid before them respectively~ severally declare by resolution that the said Trustee ought to be removed from office, and, if within

AGRICULTURAL BANK. 8073 1901. A,qricltltural Bank Act, - - - - - - - - - - - - _ .. _ - - - - - - - - - - - - - - - - the said time the Legislativo Council and the Legislative Assembly so declare, the said Trustee shall be removed hy the Governor in Council accordingly. 5. In the case of the illness, suspension, inability, or A.ppointment absence of any Trustee, the Governor in Council may?! Deputy appo . mt some 0 tl ler person to act as t h e D epu t y 0 f sue h .Ll'ustee. 'frustee during such illness, suspension, inability, or absence; and every such person shall, while he acts as such Deputy, have all the powers and perform all the duties of and be subject to the same disa bilities as such Trustee. 6. The Governor in Oouncil may from time to time, A.ppointment upun the recommendation of the ' • frustees, appoint a ~ .\ n Ia d ndaugteire. s of Manager of the Bank, who shall, subject to the Trustees, have the conduct and management of the Bank. The Governor in Council may from time to time, upon Other offil'ers the recommendation of the Trustees, appoint inspectors, valuers, and such other officers as may be necessary for carrying out the provisions of this Act. 7. (1.) No person shall be appointed or hold office Oel-tain as a Trustee or Deputy Trustee or Manager or other ~ l~ ; ~ ~ f: ~ o~ e officer of the Bank who is or becomes an officer of any Trustees, &c. bank, firm, or institution which carries on the business of making advances on the security of agricultural lands in Queensland. (2.) No advance shall be made under the provisions Restriction of this Act to any Trustee Deputy Trustee or Manager on advances '. ' to Trustees, or other officer of the Bank, or m respect of any land, or &c. other security in which any such Trustee, Deputy rfrustee, !fanager, or officer has any interest. 8. The funds necessary for carrying on the Bank and Funds. otherwise administering the provisions of this Act shall consist of such moneys as may be raised by the issue of debentures as hereinafter provided, and such other moneys as may from time to time be appropriated by Parliament for the purpose. 9. The Governor in Council may, for the purposes of Debentures this Act and subject to the provisions hereinafter expressed, m{£be made raise, by the issue; of debentures, any sum or sums Of£ ~ 50~ ~ OO. moneys which, together with all moneys appropriated by Parliament, shall not exceed in the whole the sum of two hundred and fifty thousand pounds.

8074 AGRICULTURAL BANK. Agricultural Bank Act. 1 Enw. VII. No. 24, Such debentures shall be made out at the Treasury in such manner, form, and denominations, and with such checks, indents, and counterfoils, as the Governor in Council shall direct, and shall be signed by the Treasurer, the Auditor-General, and the Under Secretary of the Treasury. Such debentures shall be secured upon the Consoli- dated Revenue of Queensland, and shall bear interest payable half-yearly, at a rate not exceeding four pounds per centum per annum. Such interest shall be and be deemed to be a charge upon all the revenues of Queensland, and the samo when due shall be paid by the Treasurer out of such revenues in priority to all dem,ands thereon, except the charges !md expenses of the collection thereof and the interest upon the sum of forty million six hundred and· three thousand four hundred and seven pounds, borrowed under the authority of the Government Loan Acts of ] 872, 1875, 1876, 1877,1878,1879, 1881, 188i, 1884, 18b9, l89U, 1894, 1896, ] 899, and 1900, "The Treasury Bills Act of 1893," " The Treasu,ry Bills Act of 1901," "The Allricultural Land.'? P'llrchase Act oll~9l<, " "The Savings Bank Stock Act of 1894," and" The Savings Bank (Securities) Act of j 895."* Power to 10. The Governor in Council may authorise the sale tGcooonavtuertarhncotosrrifsoer polracdeisspboesyaol nodfthaneylimsuictsh odfeQbeuneteunrselsanidn, Qanudeemnsalyanadppoor iinnt n&ecg. otiation, aGnoyvaegrnemntenotr. agents to negotiate such sale on behalf' of the Debentures 11. The said debentures shall be made payable on when payable. such day or days not earlier than the first day of January, one thousand nine hundred and twenty-six, nor later than the first day of January, one thousand nine hundred and thirty-one, as the Governor in Council may appoint. Provisions for 12. Upon proof bein~ made, on oath, before a Judge debentures of the Supreme Court that any debenture issued under lost, &c. this Act, the number and sum whereof is specified, has been lost or accidentally burnt, defaced, or otherwise * 36 Vie. No. 24, supra, page 1304; 39 Vie. No. 8, supra, page 1306; 40 Vie. No. 19, . ,lpra, page 1307; 41 Vic. No. 22, .yupra. page 13fl8; 42 Vic. No. 10, supra, page 1310; 43 Vie. No. 6, supra, page 13Ll'; 45 Vie. No. 8, s"pra, page 1313; 46 Vie. No. 16, supra, page 1314; 47.Viu. No. 10, supra, page 1316; 48 Vie. No. 25, supra, po.ge 1317; 53 Vie. No. 16, supra, puge 3772; 54 Vie. No. 25, s'lpra, page 4013; 58 Vie. No. 32, supra, page 4997; 60 Vie. No. 17, supra, page 6013; 63 Vie. No. 14, supra, page 7137; 64 Vie. No. 24, .yupra, page 7362; 57 Vie. No. 20, supl'a, page 4858; 1 Edw. VII. No. 4, infra, title Loans; 58 Vic. No. 27, sup"a, page 4988; 58 Vic. No. 31, supra, page 4924; 59 Vie. No. 20, ~ " pra, page 5600.

AGRICULTURAL BANK. 11)01. Agricultural Bank Act. destroyed before the same has been paid off, and upon such Judge certifying that he is satisfied with such proof; the Treasurer may cause a new debenture to be made out at the Treasury bearing the same number, date, currency, principal sum and rate of interest, as the debenture so lost or destroyed, and to be delivered to the person who was the holder of the debpnture so lost or destroyed upon his giving sufficient security to the Treasurer to indemnify the Treasury against any double payment if the missing debenture should thereafter he presented for payment. 13. A11 debentures issued under this Act., after being Cllncelling of paid off and discharged, shall be cancelled, and shall, ~~ harged together with all checks, indents, and counterfoils belonging e entures. thereto, he burned or otherwise destroyed in the presence of the Auditor-General and the Under Secretary of the Treasury, who shall certify the fact of such destruction to the Treasurer. 14. All moneys raised hy the issue of dehentures, orTrust appropriated hy Parliament for the purposes of this Act Account. shall he placed to the credit of a Trust Account at the rrreasury, and all advances under the provisions of this Act to he made to owners of agricultural lands, or occupiers of land ileld under the laws in force for the time being " relating to Crown lands as an agricultural farm, agri- cultural homestead, grazing farm, g-razing homestead, or unconditional selection, shall be made out of the moneys from time to time standing to the credit of such Account. All interest, instalments, :lnd other moneys received by the manager under the provisions of this Act shall forthwith upon receipt he paid into such Acrlount. Such Account shall he charged with all salaries, allowances, and other charges and expenses incurred in adn,.inistering the provi- sions of this Act, and also with aH sums paid by the Treasurer in respect of the principal and interest moneys secured hy such debentures. The money!'! !'tanding from time to time to the eredit of such Account shall bear interest at ~ rate to be fixed ,bv the Governor in Council not exceeding three pounds p~ r centum per annum. 15. (1.) The "l\f anager, with the approval of the Bank may Trustees, may, upon the application of any owner:or : a~a:ces to occupier of agricultural lands as aforesaid, make adv~ . nces fal'll!-ers and to such owner or occupier on the prescribed security forcultlvators. the purpose of making thll prescribed improvements on4is holding.

8076 AGRICULTURAL BANK. A.9ricultural Bank Act. 1 EDW. VII. No. 24, (2.) Every application for an advance shall be made in the prescribed form, and shall conta.in such particulars as may be prescribed. (3.) No advance shall exceed thirteen shillings in the pound or the fair estimated value of the improvements pro- posed to be made. (4.) At no time shall the advance or advances to any one person exceed the sum of eight hundred pounds. (5.) All applications for advances of amounts not exceeding two hundred pounds shall have priority over those of a greater amount. Duties of 16. (1.) It shall be the duty of the inspectors to inspectors. report upon applications for advances and to inspect from time to time the improvements which are in course of being effected by mean s of such advances; and, if the Trustees so think fit, any advance may be made by the Manager by instalments upon the report of the inspector as the improvements are being effected. When (2.) At any time upon the report of an inspector that ! ~ ~ ~ ~ r~ may any money advanced under the provisions of this Act has payments. not been applied for the purpose for which it was advanced, or has been expended in a careless or extravagant manner, the Manager may refuse to pay any further instalment of the proposed advance, and may at once 'call in. the whole amount already advanced, whereupon the borrower shall jorthwith repay the same, and in default the Manager shall have the same remedies for the recovery of the same as are provided by t,his Act for the recovery of sums pay- able by the borrower. Advances to 17. (1.) l'\ 0 advance shall be madc under the pro- ~o~ ~ :: ~ by visions of this Act except, upon the security of a mortgage or mortgages to the 'l'rustees over the lands and improve- ments with respect to which such advance is made, and upon such other security over real or personal property as to the Governor in Council may seem fit. And any owner or occupier of agricultural lands as ::tforesaid may, notwith- standing any enactment or law to the contrary, lawfully execute such mortgage or other security. (2.) The provisions of "The Bills of Sale Aot of 1891,"* or any Act amending or in substitution for. that Act, shall not apply to any mortg-age or other security executed under the provisions of this Act, or affect the validity or operation of any such mortgage or security in respect of an~ T chattels comprised therein. .. - ~ - - - - - - --- ~-- -.- ~~~ --~ ~- .. 55 Vic. No. 23, supra, page 4171.

AGRICULTURAL BANK. 8077 1901. Agricultural Bank Act. (;3.) No mortgage or other like !'ecurity executed to secure an advance under the provisions of this Act shall be liable to stamp duty, any enactment to the contrary not- withstanding. 18. No advance shall be made with respect to ahy Advanceso~ y land which is encumbered by any previous mortgage or to be made -charge, other than a mortgage or security under the pro- ~ : 1~ ~ ~ ~ e8. visions of this Act. 19. (1.) For the period of five years, from the first Repayment <lay of January or the first day of .July, as the case may be, of advance. following the date on which the advance is made, there shal1 be paid to the Manager by the borrower interest on. the advance at the rate of five pounds per centum per annum. Such interest shall be payable on the first day of J'anuary and the first day of July in each year. (2.) After the expiration of the said period oi five years the advance shall be repaid by the borrower to the Manager within a term of twenty years by payment, on th~ first day of January and the first day of July in each year, of half-yearly instalments of the amount of four pounds and threepence for everyone hundred pounds advanced until the whole advance has been repaid: Provided that the advance may, at the option of the borrower, be repaid at any time sooner than is herein provided, and in larger instalments. If any advance is made by instalments, the date on which the first instalment is advanced shall for the pur- poses of this section be deemed to be the date on which the advance is made. 20. (1.) If default is made by the borrower in the Remedy for payment of any sum of money payable by him to the recovery of Manager under the provisions of this Act, then, although ~ ~ ~ J: : : ; ~ no legal demand has been made for the payment thereof, the Trustees may enter upon and take possession and sell the whole or any part of the land with respect to which the advance has been made, either by private sale or public auction, and subject to such conditions of sale as they think expedient, and after such notice of the time, place, terms, and conditions of sale as they think just and expedient, and may transfer or convey such land to the purchaser, and give a good and valid title thereto:

8078 AGRICULTURAL BANK. Agricultural Barlk Act. 1 EDW. VII. No. 24, Provided that the provisions of this section shall not take effect if the borrower, within ninety days from the date when the said sum became payable, pays the same with the addition of a sum by way of penalty calculated as, follows, that is to say :-If the sum is paid within thirty days, five per centum is to be added; if the sum is paid c within sixty days, seven and a-half per centum is to be added; and if the sum is paid after sixty days, ten per centum is to be added; but unless the whole of the sum together with such penalty is paid within the said ninety days the provisions of this section shall have full force and effect. Application of (2.) The r:l'rustees shall apply the proceeds derived ~ ~~ eed8 of . from such sale in payment, in the first instance, of all moneys due in respect of such land, and in redemption of any amount charged thereon in fayour of the Trustees, or of so much thereof as remains unpaid, and of all expenses incurred bv the Trustees in relation to such sale or other- wise with ;espect to such land, and shall pay the balance (if any) to the person appearing to the Trustees to be entitled to receive the same. In event of no 21. 'Whenever land authorised to be sold by the fa, :~ s: ; ~ ert Trustees under the provisions of this Act is offered for sale to the Crown. by public auction, and the amount of the highest bidding at such sale is not sufficient to satisfy the moneys due to the Trm,tees, together with the costs and expenses of and occasioned by such attempted sale, or there is no bid, the Trustees shall advertise the land for private sale, in the Gazette, and in at least one newspaper circulating in the district where such land is situated, once at least in each of three successive weeks, and shall in such advertisement name a day and time, not less than one month from the date of the first of such advertisements, upon or after which the land shall revert to the Crown, together with all improvements thereon, unless in the interval a sufficient amount has been obtained by the sale of such land to satisfy the moneys due to the rrrustees and all costs and expenses of and occasioned by such sale and proceedings, and upon such reversion the land shall revest in His Majesty~ his heirs and successors accordingly. Mortgagor to 22. Every person who has given a mortgage or other :!:Z!sary security under the provisions of this Act shall, during the repairs. continuance of the same, to t.he satisfaction of t.he Manager or other person authorised in that behalf, keep in good and tenantable repair all fences, fixtures, and improvements

AGRICULTURAL BANK. 8079 1901. Agricultural Bank Act. upon the land comprised in such mortgage or other security; and if after the expiration of two months' notice in writing by the Manager such person has not complied with the requirements of this section, the like conse- quences shall follow as are provided by the last two preceding sections in case of default made in the payment of any sum of ;money payable under the provisions of this Act. 23. As between the Trustees and the owner or Conditions occupier for the time being of any land with respect to fn~xe~.lt~ which an advance under the provisions of this Act has s~ ~ je: t ~ ; been made, the foilowing conditions shall be imposed so advances. long as such land is subject to any charge in respect of any half-yearly payment in favour of the 'l'rustees, namely:- (i.) Such land shall not be subdivided or let by such owner or occupier without the consent of the Trustees ; Every agreement for letting contrary to the provisions of this subsection shall be void and of no effect; If the owner or occupier subdivides or lets such land, or any part thereof, in contra- vention of the provisions of this subsection, the Trustees may cause the land to be sold; (ii.) When the title to the land is divested from the owner or occupier, under any law relating to insolvency, the Trustees may cause the land to be sold; (iii.) When on the decease of the owner or occupier the land would by reason of any devise, bequest, intestacv, or otherwise become subdivided, the Trustee; may require the land to be sold within twelve. months after the death of the" owner or occupier to some one person, and if default is made in se~ ling the same the Trustees may cause the same to be sold. 'rhe provisions of the last two preceding sections but one, as to sale and application of the proceeds of sale, shall apply to every sale made under the provisions of this section. 24. No judgment, order, or decree of any court of Judgment law shall in any way affect the security for any advance ~ f c~u~ not made under the provisions of this Act; and until all s~ c~ r~ ~ .

.8080 AGRICULTURAL BANK-ANIMALS. Animals Protection Act. 1 EDW. VII. No. 26, interest and instalments payable in respect of the advance have been paid, no process of law shall interfere with the security for the same. ~ eport to be laid before 25. In every year the 'rrustees shall furnish a report Parliament. to the Secretary for Agriculture upon the operation of this Act, and every such report shall be laid before both Houses of Parliament. Governor in Council mav 26. The Governor in Council may from time to time make • make Regulations for all or any of the following pur- lieg,.iations. poses, namely,- Ci.) Prescribing the mode in which applications for advances are to be made; (ii.) Prescribing what works shall be improvements for the purposes of this Act; (iii.) The mode in which the value of improvements shall be determined; (iv.) The forms of mortgage or security to be taken by the Trustees; (v.) Generally for carrying out the objects and pl'O- visions of this Act. All such Regulations, when published in the Gazette, shall have the same effect as if they were enacted in this Act, and shall be laid before Parliament within fourteen days after such publication, if Parliament is then sitting, and if not, then within fourteen days after the beginning of the next session of Parliament. AGRICULTURAL LANDS PURCHASE. See LA.NDS. ANIMALS. 1 Edw. VII. An Act for the More Effectual. Prevention of Cruelty to No. 26. THE ANUIALH Animals. PROTECTION ACT OF 1901. [ASSENTED TO 31ST DECEMBER, 1901.J B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows : - l:ihol't title. 1 This Act may be cited as " The Animals Protection Act of 1901."