Albert River, Burketown, and Lilydale Tramway Act Amendment Act of 1905 (5 Edw VII No. 14) (Qld)

PARKS AND PUBLIC LANDS-RAILWAYS AND TRAMWAYS. 9027 5 EDW. VII. No. 14, 1905. A. l~ ert River, Burketown, /fe., Tramway .tl:mendt. t· Ime 4 t . o · I ra t Issehaalnlybesulmawofrulsufomrs t 0 h f e mtrounseteye, snfortomextcieme d em ' tgo Pmoowrtegragtoe. the sum of eight hundred pounds, and for that purpose to mortgage the show grounds or any part thereof to secure repayment of the moneys so raised with interest thereon : Provided tbat any moneys so raised shall be applied, firstly, in payment of any existing liabilities incurred in erecting buildings and making improvements in or upon the show grounds, and, in the next place, in and towards the -erection of other buildings and making further improve- ments therein or thereon: Provided further that any mortgagee of the show grounds shall not be called upon to see to the application of the mortgage moneys. RAILWAYS AND TRAMWAYS. An Act to Amend "The Albert River, Burketown, 5 E N d o w . . 1 V 4. II. and Lilydale Tramway Act of 1900." THE ALBERT RIVER, BvRKETOWN, [ASSENTED TO 24TH NOVEMBER, 1905.1 AND LILYDALll TRAMWAY ACT W 7HEREAS by "l'he Albert Ri'ver , Burketown ' A an C d TAMENODFM 1 E 9 N 05 T . Lilydale l"ramwoy Act cif 1900"* the Queensland Preamble. 'Silver Lead Mines, Limited, its assigns and successors in interest, therein called "the Company," for the purpose ·of connecting Burketown and also certain valuable mineral lands at Lilydale with a port on or near the mouth of the Albert River, was authorised and required, subject to the provisions of that Act, within five years from the date of the passing of that Act, to construct and thereafter main- tain a main line of tramway one hundred and twenty miles or thereabouts in length, commencing at the Ballast Ground, -on or near the mouth of the Albert River, and thence pro- -ceeding by way of Burketown to the Lilydale Mine by a route delineated in the Schedule to the said Act in accord- .ance with plans, sections, and book of reference to be deposited in the office of the Commissioner for Railways, in the said Act and hereinafter called the "Commissioner, ' ~ at Brisbane, and to be approved as in the said Act provided: And whereas the Company has duly made the money .deposit of two thousand five hundred pounds required by .the said Act, and the said deposit still remains in the name "" 64 Vie. No. 19, aupra, page 7400.

9028 RAILWAYS AND TRAMWAYS. Albert River, Burketown, ~c. , Tramway Amendt. 5 EDW. VII. No. 14, of the Commissioner, and has in like manner made a further money deposit of two thousand five hundred pounds, which said deposit is, on the passing of this Act,. to be held by the Commissioner as security under and for the purposes of this Act, as hereinafter provided: And whereas the Company has expended considerable sums of money in connection "with the said undertaking and the said mineral lands, but has hitherto been pre- vented from entering upon the construction of the said tramway: And whereas the period of five years hereinbefore mentioned will expire on the twenty-first day of December~ one thousand nine hundred and :ft. ve : And whereas the Company will be able to enter upon the construction of and to complete the said tramway in accordance with the provisions of the said Act if the time for such completion is extended until the thirty-first day of December, one thousand nine hundred and seven: And whereas it is expedient that the time for the completion of the said tramway should be so extended, subject to the conditions and stipulations hereinafter- mentioned: Be it therefore 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 :- Short title 1. This Act may be cited as "The A lbert Biver~ t ~ i o d n. construe- Burketown, and Lilydale Tramway Aat Amendment dct of 1905," and shall be read as one with "The Albert River, Burketown,and Lilydale Tramway Aat of 1900,"· herein called the Principal Act. The said Act and this. Act may together be cited as " The Albe10t River, Burke- town, and Lilydale Tramway Acts, 1900 to 1905." Conditional 2. The limit of time prescribed by section three of etixmteenfsoiorn of the Principal Act for the construction of the tramway is construction hereby extended until the thirty-first day of December, one of tramway. thousand nine hundred and seven, subject, however, to the following conditions and stipulations :- (i.) The Company shall commence to construct the tramway before the first day of July, one thousand nine hundred and six, and shall wholly 64 Vie. No. 19, 8upra, page 7400.

1905. RAILWAYS AND TRAMWAY~ . Albert River, Burketown, q-c., Tramway Amendt. construct and complete the tramway before the first day of January, one thousand nine hundred and eight; (ii.) The sum of two thousand five hundred pounds deposited by the Company under section five of the Principal Act, and now remaining in the name of the Commissioner in the Queens- land National Bank, together with the further deposit hereinbefore mentioned of two thousand five hundred pounds in the same bank deposited by the Company in the name of the Commis- sioner, shall be held by the Commissioner as security for the due commencement and con- struction and completion of the tramway within the respective times hereinbefore mentioned. The Company shall be entitled to the interest on the said deposits during the period for which the same shall be held by the Commissioner as such security; (iii.) If the Company has not commenced to construct the tramway before the first day of July, one thousand nine hundred and six, or, having duly commenced to construct the tramway, has not wholly constructed and completed the tramway before the first day of January, one thousand nine hundred and eight, then the whole amount of five thousand pounds deposited by the Com- pany and held as security by the Commissioner shall be absolutely forfeited to and shall become the property of His Majesty: :Moreover, the Governor in Council may, by Order in Council published in the Gazette, declare- (a) That each and every lease of the mineral lands theretofore granted to the Company under the Principal Act and then subsisting is forfeited to His Majesty; and (b) That the tramway is forfeited to His Majesty_ 9029