Brisbane Tramways Act of 1913 (4 Geo v No. 27) (Qld)

• RAILWAYS AND TRAMWAYS. 4 GEO. V. No. 27, 1913. Bri8bane Tramwa.ys Aat. The Corporate Seal of the Council of the Shire of Bungil was affixed hereto by me, in the presence of- THOMAS FERRIER, DON'D. Ross, President. Shire Clerk. 8 6065 An Act to Validate an Agreement entered into 4 Gco. v. between the Honourable Digby Frank Denham, N; ~ : 7. Chief Secretary, for and on behalf of the ' : RR; ~ ~ : : S Government of Queensland, and The Brisbane ACT OF 1913. Tramways Company, Limited, and to Authorise Certain Extensions to the Tramways of the said Company, and to Authorise the Making of Further Agreements for like purposes, and to Make Provision for Matters incidental to these Objects. [ASSENTED TO 26TH N OVEl\ fBEI~ , 1913.J "l"XTHEREAS, on the eighteenth day of October, one Preamble. \'l > thousand nine hundred and thirteen, an Agreement, which is set forth in the Schedule to this Act, was entered into between the Honourable Digby Frank Denham, Chief Secretary, for and on behalf of the Government of Queensland, of the one part, and The Brisbane Tramways Company, Limited, a conlpany duly incorporated and carry- ing on business at Brisbane, in the State of Queensland, and thereinafter and hereinafter referred to as "the Com- pany," of the other part: And whereas it is desirable that the construction of certain extensions to the tramways of the Company should be duly authorised, and that the .said Agreement should be validated by Act of Parliament, and that power RhouM be conferred to make further agreements containing like provisions: Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- I. This Act may be cited as " The Brisbane 1 1 rarn- Short title. ways Act of 1913."

6066 • RULWAYS AND TRAMWAYS. Brisbane T1'a1llwa,Ys Act. -4 GEO. V. No. 27, Agreement validated. [ ~ rhedule.J 2. The Agreement entered into, on the eighteenth day of October, one thousand nine hundred and thirteen, between the Honourable Digby Frank Denham, Chief Secretary, for and on behalf of the Government of Queens- land, and the Company, which is set forth in the Schedule to this Act, is hereby validated. Extensions :3. 'rhe making of the Orders in Council for the aulhorised. extensions specified in the Schedule to the said Agreement is hereby authorised' and approved. Further 4. It shall be lawful for the Chief Secretary of ! !;e~ ~:! ~ Queensland for the time being, and he is hereby authorised, e'subject to the approval of the Governor in Council, from time to time, to enter into an Agreement with the Com- pany containing like terms, conditions, covenants, and stipulations as are contained in the Agreement hereby validated, and having for its object the construction, maintenance, management, and working of further extensions of the tramways of the Company. t Application 5. "The Tralllways Acts, 1882-1890,"* shall be deemed Tramways to be amended so far as may be necessary to give effect to cts. the Agreement hereby validated or any other Agreement made under the authority of this Act, but not otherwise. Application 6. 'rlJis Act and the Agreement hereby va.lidated oAfgArecetmaenndts and every other Agreement made under the authority of to Local this Act shall be binding on each of the Local Authorities Authorities. concerned in respect of the tramways of the Company and all extensions and additions thereto, whether carried out before or after the passing of this Act, jointly and severally, as if the said Local Authorities and each of them bad jointly and severally been parties to the Agreement hereby validated and every other Agreement made under the authority of this Act. 'l'HE SCHEDULE. ARTICLES OF AGREEMENT made this eighteenth day of October one thousand nine hundred and thirteen between THE HONOURABLEl DIGBY FRANK DENHAM Chief Secretary for and on behalf of the Government' of Queensland of the one part and THE BRISBANE TRAMWAYS COMPANY LIMITED a Company duly incorporated and carrying on business at Brisbane in the Sta,te of Queensland and hereinafter refe.rred to as the Company of the other part WHEREAS by an Order in Council of the eighth day of May 1884 published in the Queensland Government Gazette on the tenth day of May 1884 His Excellency the Governor with the advice of the Executive "" 46 Vie. No. 10 and 64 Vie. No. 16, supra, pages 2945 et 8.'1.

RA1LWAYS AND TIUMWAYS. 1913. Brisbane Tramwa.1fs Act. Council approved of the plans and specifications for the Metropolitan Tramway and authorised the coostruction of the same by The Metro- politan Tramway and Investment Company Limited in terms of "The Tramways Act of 1882 ". * AND WHEREAS by further Orders in Council the construction of certain extensions. and additions to. the said Tramway by t;he said last mentioned Company was duly authorised the latest whereof being the Cornwall Street Extension which was authorised by Order in Council dated 10th :March 1910 and WaB completed on 4th April 1911 AND WHEREAS by an Order in Council of the first day of October 1895 published in the Queensland Government Gazette of the fifth day of October 1895 His Excellency the Governor by and with the advice of the Executive Council did by virtue of the power and authority vested in him by section 12 of "The Tramways Act of 1882 Amendment Act of 1890 "t order that (subject to the proviso thereinaft,er coIitained and not necessary toO be herein referred te) the time limited by the eighty- fourth section .of "The Tramways Act of 1882" * for the compulsory purchase of the said Tramway in a.ccordance with the provisions of the said Acts should be and the same was thereby postponed to the tweptieth day of September 1920 AND WHEREAS on the sixth day of February 1896 His Excellency the Lieutenant-Governor with the advice of the Executive Council approved .of the purchase of the. Tramways (being the Tramway and extension. and additions hereinbefore mentioned) owned by the MetropoHtan Tram- way and Investment Company Limited by the Company in accordance with the provisions of section 11 of "The Tramways Act of 1882 Amendment Act of lS'110 ".t AND WHEREAS since such purchase the Company has from time to time constructed extensions and. additions to the said Tramway under and by virtue and in pursuance of further Orders in Council ANT> WHEREAS the Company is desirous of constructing the further extensions specified in the Schedule hereto and has applied for Orders in Council to authorise four of such extensions and intends to apply for a further Order in Council te authorise the construction of the fifth known as the Ipswich Road Extension AND WHEREAS the Governor in Council is willing subject to the provisions of " The Tramways Acts 1882-1890 "t to make the Orders in Council a.pplied for and also the Order.in Council to authorise the construction of the Ipswich Road Extension upoo the execution by the Company of these presents and upon ratification thereof by Act of the Parliament of Queensland as hereinafter mentioned. Now THESE PRES&....TS WITNESS that in pursuance of the premises it is hereby mutually agreed by and between each and every of the parties hereto as follows- 1. That the Company shall forthwith apply for the· Order in Council to authorise the construction of the Ipswich Road Extension and shall upon the making of the Orders in Council for the extensions specified ill the Schedule her~ to with all reasonable despatch construct the said extensions to the said Tramway and the works comprised in the said Orders in Council. .. 46 Vic. No. 10, supra, page 2945. t 54 Vie. No. 16, supra, page 2964. t 46 Vie. No. 10 and 54. Vic. No. 16, Bupr"-, pages 2945 et Beq. 6067

(106S RAILWAYS AND TRAMWAYS. Brisbane Tramwn.1js .-1 cf. 4 GEO. V. So. 27,1913. 2. That the power of compulsory purchase conferred upon the Council by "The Tramways Acts 1882-1890"* shall be exerciseable and shall -only be exercised with respect to the said Tramway and all extensions :and additions thereto including the extensions specified in the Schedule hereto as one tramway and at one and the same time and in all respects ;as if the same had been constructed from time to time under the authority of one Order in Council and shall not be exercised a,t any time with respect to any separate part. or part.s or portion or portions only 0'£ the said Tramway extensions and additions. 3. That the 'said power of compulsory purchase may be so exercised at. any time after the t.wentieth day of September 1920. 4. That nothing herein contained shaH in any way modify alter or prejudice the rights of any parties hereto or of the Council or of the Councils of the Local Authorities concerned in respect 0'£ the amount of pvrcha,se money payable upon such compulsory purchase from the Company and the basis or principle upon which the same shan be detennined but that the amount of such purchase money shall be ascer- tained and determined in all respects as if this Agreement had not been entered into and as if the Extensions mentioned in the Schedule hereto had been included in the said Order in Council of the tenth day of March 1910 and had been completed on the fourth day of April 1911. 5. That this Agreement shall be subject to ratification by the Parliament of Queensland during the present Session thereof and that unless the same be so ratified it shall be void and of no effect. IN WITNESS WHEREOF the parties hereto have hereunto 'set their hands and seals the day and year first above written. 'fHE SCHEDULE HEREINBEFORE REFERRED TO. (i) The Logan Road Extension-From the terminus of the' existing tramway system at the junction of the main Logan Road with Cleveland Road along Cleveland Road to its intersection with Cavendish Road, within the Shire of Coorparoo, a distance of one mile and forty links: (ii) The Coorparoo B.l'tension-From the terminus of the existing tramway system at Logan Road along Logan Road and Chatsworth Street to Cornwall Street, within the Shires of Coorparoo and Stephens, a distance of one mile one chain: (iii) The ]{ed'ron Park Extension-From the terminus of the existing tramway system at Bowen Bridge to Kedron Park by way of Lutwyche Road, within the Town of vYindsor, a distance of two miles fifteen and three-quarter chains: (iv) JYIerthyr Road E.xtension-From the existing terminus on Merthyr Road along Macquarie Street to the gateway of the Brisbane Stevedoring and Wool Dumping Company's Wharf, within the City of Brisbane, a distance of fifteen chains: * 46 Vie. No. 10 and 54 Vie. No. 16, supra, pages 2945 et seq.

RELIGION. 4 GEO. V., 1913. Roman Oatholic Ohurch Land Sales Act. (v) The Ipswich Road Extension-From the terminus of the existing tramwa~ system in Ipswich Road, along Ipswich Road, within the Shire of Stephens, a distance of sixty-four chains Signed Sealed and 'Delivered by the"') r said the Honourable Digby Frank I Denham Obief Secretary for and D. DENHAM. on behalf of the Government of I 8 L.S. Queensland in the presence of J A. H. BARLow, A Justice of the Peace for the State of Queensland. G I I r Signed Sealed and Delivered by the"') The Brisb~ n~ Tramways. Oom- Brisbane Tramway Company pany Llmlted by theIr At- Limited by their duly constituted L . torney Attorney Joseph Stillmau Badger in the presence of J. S. BADGER. L.S. WILT,YAM F. LALOII, Solicitor, Brisbane. ) 6069 RELIGION. An Act to Enable the Trustees of an Allotment of 4 Geo. V. L and I·n the She Ire 0 f Coorparoo, gi.ven and TH CA E TRHOOMLIACN devised as a Site for the Erection of a Roman L~ ~U~ ~~ ES • ACT OF 1913. Cathohc Church, to Sell the Same and Apply the Proceeds towards the Purchase of another Site in a more convenient situation. [ASSENTED TO 15TH SEPTEMBER, 1913.] W HEREAS by the Will of James Toohey, late ofPre1mble. Mount Galway, Logan road, South Brisbane, in the State of Queensland, dated the twentieth day of November, one thousand eight hundred and eighty-three, the said .James 'l'oohey devised to the Roman Catholic Bishop for the time bein~ of the Diocese of Brisbane and the officiating Catholic Priest for the time being for the Parish of South Brisbane one acre of land, being part of portion one hundred and seventy-four, Parish of South Brisbane and county of Stanley, to be held by them as Trustees upon trust as a site for a Roman Catholic Church, such portion of land to be described and the site selected by Anne Toohey, Thomas Bm'ke, and William Smith, the 'rrustees of his Will :