Agricultural Settlers' Relief Act of 1915 (6 Geo v No. 18) (Qld)

LAND, CROWN. 6 GEO. V. No. 18, 1915. Agricultural Settlers' Relief Act. 6941 LAND, CROWN. An Act to Afford Relief to certain Agricultural 6 Geo. V. Settlers who have suffered Losses owing to TH~ O~ ~ ~ I_ , a B d S easons, CULTURAL I SETTLERS' I . RELIEF ACT i [ASSENTED TO 13TH DECEMBER, 1915.J OF 1915. 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 farliament assembled, and by the authority of the samt, 4s follows : ~- . 1. This Act may be cited as "The Agricultural Short title. Settlers' Relief Act of 1915," and shall be read as one 'fith "The Closer Settlement Act of 1906,"* herein referrer ~ o as the Principal Act. I 2. Notwithstanding anything contained in "The Relief to Closer Settlement Acts, 1906-1913," i- the following provisions JirbtOur sihall apply to every selector of a selection on the .JimbO,r se eo ors. Ilepurchased estate which has been' taken up under t e jrovisions of the Principal Act- I (i.) The rent payable in respect of the selection for r each of the years one tho.usand nine hundred and fifteen, qne thousand nine hundred and sixteen, and one thousan r}ine hundred and seventeen shall be deemed to have bee ~ nd shall be a peppercorn only if demanded. (ii.) The lease of the selection, if issued at the passing of this Act, shall be deemed to have been sur- ~ ndered on the first d,ay of .January, one tho,usand ni~ :q.undred and fifteen, and the selector shall be entitle ~ oa fresh lease of the land for a term which with t expired portion of the surrendered term shall be equal to forty-three years. i If the lease has not been issued at the passing of t~s 4tct, such lease when the selector becomes entitled to ~ h s~ me shall be for a term of forty-three years, commenCl g on the same date on which the lease would have com- menced if this Act had not been passed. ! (iii.) If the surrendered lease commenced on or befo e ~ he first day of July, one thousand nine hundred and te , I I * 6 Edw. VII. No. 32, supra, page 1678. t 6 Edw. VII. No. 32 and 4 Geo. V. No. 21, 8upra. pages 1678 and 5908. '.,.".

6948 • LAND, CROWN. Agrt:cultural Settlers' Relief Act. 6 GEO. V. No. 18, the payments of annual rent in respect of the year one thousand nine hundred and eighteen and subsequent years shall be in accordance with the Second Schedule of "TheOloser Settlement Act Amendment Acto! 1913";* and the rent so payable shall be at the rate in the third column of the said Second Schedule which is set opposite to the statement in the first column of the period which has elapsed from the commencement of the term until the first day of January, one thousand nine hundred and fifteen. (iv.) If the surrendered lease commenced after the first day of July, one thousand nine hundred and ten, or if the lease had not been issued at the passing of this Act, the payments of annual rent in respect of the year one thousand nine hundred and eighteen and subsequent years shall be in accordance with the First Schedule of "The Closer Settlement Act Amendment Act of 1913": * Provided that in applying the said First Schedule to every such selection the years of the term comprising the years one thousand nine hundred and fifteen, one thou- sand nine hundred and sixteen, and one thousand nine hundred and seventeen shall be deemed to be omitted, so that the year one thousand nine hundred and eighteen of the term shall be deemed to follow immediately after the year one thousand nine hundred and fourteen of the term. (v.) Every new lease shall be deemed to have been granted under the Principal Act and this Act. (vi.) The amount to be paid by the lessee upon acquir- ing the fee-simple of the selection at any time before the expiration of the term of the lease shall be a sum equal to the amount then remaining unpaid in respect of the principal of the purchasing price, which sum shall be fixed by the Minister. (vii.) Subsection three of section thirty-two of the Principal Act shall not apply to the selection, but the following provision shall apply:- If the selection is forfeited before the eighth year of the term, the Crown shall be entitled to have recourse against any improvements upon the selection for the amount of interest at the rate of five pounds per centum per annum on the purchasing price from the commence- ment of the term (exclusive of the years one thousand nine * 4 Geo. V. No. 21,8upra,pa,gfl 5908.

1915; LAND, CROWN. Agricultural Settlers' Relief Act. 6949 hundred and fifteen, one thousand nine hundred nd sixteen, and one thousand nine hundred and sevente n) to the date of forfeiture, less any payments made by he selector for rent of the selection. 3. Notwithstanding anything contained in" he Fu;ther Oloser Settlement Acts, 1906-1913,"* the following pr vi- ~ : ~ ~ f: here sions shall also apply to every selector of a selection on he arrear. Jimbour repurchased estate which has been taken up under the provisions of the Principal Act who- (a) Ha.d made default in the payment of rent or such seleotion prior to the passing of" he Closer Settlement Act Amendment Act of 1913 "f. and whether he has or has not taken adv n- tage of the relief afforded by the last-mentio ed Act, and whether he has or has not m de further default in the payment of rent such selection in respect of the year thousand nine hundred and fourteen; or (b) Has only made default in the payment of r nt for such selection in respect of the year ne thousand nine hundred ~ md fourteen. (i.) If the selector has taken advantage of the re ief afforded by " The Closer Settlement Act Amendment Ac of 1913,"tthe p~ ssing of this Act shall operate as a substi u- tion of the relief afforded by this Act for the relief affor ed by that Act, and from and after the passing of this ct section five of that Act shall cease to have effect w'th respect to such selector or selection. (ii.) Whether the selector has .or has .not ta en advantage of the relief afforded by "The Closer Set le- ment Act Amendment Act of 1913,"t the passing of this ct shall operate as a waiver of forfeiture with respeot to ev ry suoh selection, but so far only as the non-payment of r nt. for any year prior to the year one thousand nine hund ed and fifteen is concerned. (iii.) No sum by way of penalty shall be added to a y rent in arrear prior to the rent for the year one thous d nine hundred and fifteen or be payable by the less e, but the amount of such rent in arrear shall bear sim le interest at the rate of five pounds per oentum per ann m from the thirty-first day of March in the year when e same became payable until the thirty-first day of Mar h, I ~ o. * 6 Edw. VII. No. 32 and 4 Geo. V. 21, supra, pages 1678 and 590 • t 4 Geo. V. No. 21, supra, page 5908. •

6950 LAND, CROWN. Agricultural Settlers' Relief Act. 6 GEO. V. No. 18, 1915. one thousand nine hundred and eighteen, exclusive of the period from the first day of January, one thousand nine hundred and fifteen, until the first day of January, one thousand nine hundred and eighteen, and such interest shall be added to and be deemed to be part of the rent in arrear. (iv.) The total amount of rent in arrear, inclusive of interest as aforesaid, is hereinafter referred to as "the rent in arrear," and shall be payable as follows :- If at the passing' of this Act the rent was in arrear- in respect of one year only, the same shall be paid in five yearly instalments at the ra.te of twenty-three pounds. two shillings per annum for every one hundred pounds of the rent in arrear. . If at the passing of this Act the rent was in a.rrear in respect of two years but not more, the same shall be paid in ten yearly instalments at the rate of twelve pounds. nineteen shillings per annum for everyone hundred pounds of the rent in arrear. If at the passing of this Act the rent was in arrear in respect of three years but not more, the same shall be paid in fifteen yearly instalments at the rate of nine pounds twelve shillings and eight pence per annum for- everyone hundred pounds of the rent in arrear. If at the passing of this Act the rent was. in arrear in respect of four years or more, the same shall be paid in twenty yearly instalments at the rate of eight pounds ?,nd six pence for everyone hundred pounds of the rent In arrear. In each of the above cases the first yearly instalment of the rent in arrear shall be payable not later than the thirty-first day of March, one thousand nine hundred and nineteen. If default is made bv the lessee in the payment of any instalment of the r~ nt in arrear, the sameconse- que.nces shall ensue as upon a default made by him in the payment of rent under the Principal Act. .