Great Southern Railway Purchase Act (1896) (WA)
Meotern qusitratia.
ANNO SEX AGESIMO
VICTORLE REGINA].
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No. XLIII.
AN ACT for the Purchase by the Government of Western Australia of the whole of the Interests of the West Australian Land Company, Limited, in Western Australia, including the Railway from Beverley to Albany, commonly .called the Great Southern Railway.
[Assented to, 27th October, 1896.]
| with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in this present Parlia- | BE it enacted by the Queen's Most Excellent Majesty, by and |
| ment assembled, and by the authority of the same, as follows:- | |
| 1. THIS Act may be cited as the Great Southern Railway Purchase Act. |
60" VICTORLE, No. 43.
Great Southern Railway Purchase Act.
| Interpretation. | 2. IN this Act, unless the context otherwise requires,- |
" The Concession " means the Indenture bearing date the 25th day of October, 1884, made between Sir Frederick Napier Broome, K.C.M.G., Governor and Commander-in-Chief in and over the Colony of Western Australia and its dependencies, acting for and on behalf of the Government of Western Australia of the one part, and Anthony Hordern, of Toksowa House, Dulwich, in the county of Surrey, esquire (thereinafter called the Contractor), of the other part, which Indenture was ratified by the Legis- lature of Western Australia by the Act of the Forty-eighth year of Her present Majesty, numbered twenty-one.
" The Company " means the -West Australian Land Company, Limited, registered in England, and winch by assignment, dated 30th day of June, 1885, from the said Anthony Hordern has become proprietor of all his rights under the concession and of the Railway constructed thereunder, which assignment was confirmed by the Legislature of Western Australia by the Act of the Fifty-first year of Her present Majesty, numbered thirty.
" The Railway " means-
!. The railway from Beverley to Albany, including the permanent way thereof, together with all works, buildings, stations, erections, and things built thereon or affixed thereto ; and
2. All lands on which the same are constructed, built,
Or erected, or to which the same are affixed ; all
lands used in connection therewith ; all lands vested in or belonging to the Company, and all and every interest of the Company in any lease- hold lands in Western Australia ; and
3. All the rights of the said Anthony Hordern, and of the Company under the concession, and all moneys due or coming due to the Company for the purchase, leasing, or occupation of any of its lands or any interest therein ; and
4. All plant, locomotives, tenders, carriages, trucks, rolling stock, steam engines, machinery, or any parts of the same ; all furniture, tools, imple- ments and appliances of every kind whatsoever ; all stores and railway material belonging to the Company ; all such rolling stock as is under order or on the way to Western Australia for the Company.
60° VICTORI2E No. 43.
Great Southern Railway Purchase Act
| 3. THE Governor may purchase, for and on behalf of the | Governor may pur- |
| Colony of Western Australia, at the price of One million one | chase railway. |
| hundred thousand pounds, the Railway, together with all rights, privileges, powers, and advantages appurtenant thereto, which are vested in, conferred on, or enjoyed by the Company, or any person or body claiming through or under the same ; and such purchase shall constitute and be a complete settlement of all matters in dispute between the Colony and the Company. |
| 4. UPON the payment by the Governor of the purchase money | The railway and all |
| aforesaid, the Railway and all the appurtenances thereof in the last | rights, etc., appur- |
| preceding section mentioned shall, without the necessity of any | hi the Crown on pay-tenant thereto to vest |
| transfer, release, or connecting title other than this Act, be trans- | ment of the purchase |
| ferred and released to, and vested in Her Majesty the Queen, | money, |
| discharged from all claims and demands on the part of the shareholders of the Company and all other persons whomsoever. |
| 5. ALL land purchased by the Governor under this Act | Lands not required |
| shall be revested in Her Majesty the Queen as of her former | for proposes of rail- |
| estate, and, except such part thereof as may be required for | way to revest in theCrown as waste |
| railway purposes, may be dealt with as waste lands of the Crown. | lands. |
6. IF the Governor purchases the Railway under the powers by
this Act conferred upon him
| (a.) The Governor, if he shall see fit, may make such a | Power to make settle- |
| settlement with the Company as he may deem expedient | ment as to the com- |
| in regard to ally contracts entered into by the Company | pany's contracts. |
| relating to the maintenance, construction, and working of the Railway ; |
| (b.) No sum of money shall he payable or paid by the | Governor not to com- |
| Governor to any officer or servant of the Company by | pensate officers of company or discharge |
| way of compensation for any loss of office or employment | its liabilities. |
| suffered by such officer or servant by reason of the purchase of the Railway, or to any person or body for any debts or liabilities of the Company. |
| 7. THE Governor is authorised for the purposes of this Act, | The Governor may |
| and in the manner provided by The General Loan and Inscribed | cause Stock to be |
| Stock Act, 1884, to cause to be issued Inscribed Stock of the | issued. |
| Colony of Western Australia, for the sum of One million One hundred thousand pounds. |
| 8. THE payment for the purchase of the said railway shall be | Defrayment of cost |
| made in Inscribed Stock of the Colony of Western Australia valued | of purchase. |
| at par, and such Stock shall be issued on or after the first day of December, 1896, to such person or persons as shall be duly authorised |
60" VICTORLX, No. 43
Great Southern Railway Purchase Act
by the Company to receive the same ; and the inscription of such Stock in the register kept in London by the Bank which shall be
Evidence of comple-authorised to inscribe such Stock, shall be conclusive evidence of the tion of purchase and completion of the purchase of the railway and of the payment of the
| payment in full of all | , |
| demands. | pm chase price thereof by the Governor, and shall also be conclusive evidence that all matters in dispute between the Colony and the Company have been finally settled, and that all claims and demands on the part of the Company against the Colony, and on the part of the Colony against the Company, have been duly paid and satisfied. Provided that nothing in this Section contained shall affect or prevent the settlement of the usual current traffic accounts between the Colony and the Company. |
| Proof of Inscription | 9. THE Governor, on receipt of intelligence from the said |
| of Stock. | Bank of the inscription of such Stock, shall, by Proclamation pub- lished in the Government Gazette, notify that such Stock has been inscribed in the register kept in London as aforesaid, and such Proclamation shall be received in all Courts of the Colony as con- clusive evidence of the inscription of such Stock in accordance with the provisions of the Act, and judicial notice shall be taken of such Proclamation. |
10. THE stock issued under the provisions of this Act shall be
Redemption of In- redeemable not later than the first day of December, 1936, and shall
scribed Stock.
| Rate of interest. | bear interest at the rate of Three pounds per centum per annum, payable half-yearly on the first day of June and the first day of December in every year: provided that it shall be optional with the Government of Western Australia to redeem the said Stock on or |
Redemption optionalafter the first day of December, 1916, on giving twelve calendar after 1st December, months notice by advertisement in the London Gazette and in the
1910. Times newspaper, or by post to the then stock-holders at their registered addresses.
Contribution to11. NOTWITHSTANDING anything contained in the Sinking Fund. General Loan and Inscribed Stock Act, 1884, the contributions
to the Sinking Fund for the repayment of the sum by this Act authorised to be paid, shall be One pound ten shillings per centum per annum, payable half-yearly, and shall commence from the date of the first issue of the Inscribed Stock.
| Principal and | 12. | THE principal moneys and interest secured by the Stock |
| interest charged on | to be created, under the authority of this Act, shall rank parr passe |
| Revenue. | with the principal moneys and interest raised and secured by the |
| Stock created and sold under the Loan Act, 1891, and all subsequent Loan Acts, and are hereby charged upon and shall be payable out of the Consolidated Revenue Fund and Assets of the Government |
60" VICTORLE No. 43.
Great Southern Railway Purchase Act.
of Western Australia, and shall constitute a charge thereon, sub- ject to the prior charges mentioned in the fourth section of the Loan Act, 1891.
| THE Governor may from time to time appoint any person or persons in his name, and for and on behalf of the Colony to | Governor may dele- |
| gate his powers. | |
| execute any of the powers vested in the Governor by this Act, and for that purpose to enter into negotiations for and to sign and execute all such agreements, contracts, discharges, and other 'docu- ments as may be necessary or expedient in or about the purchase of the Railway under the provisions of this Act, and everything done by such person or persons shall be binding upon the Colony. |
13.
14.
| NOTHING contained in this Act shall render the Governor personally liable for anything done or omitted to be done by him under this Act. | Governor not liable. |
In the name and on behalf of the Queen I hereby assent
to this Act.
ALEX. C. ONSLOW, Governor's Deputy.
By Authority : RICHARD PETITE% Government Printer, Perth.
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