Japoon Tramway Act of 1916 (7 Geo v No. 22) (Qld)

LOCAL AUTHORITIES.-RAILWAYS AND TRAMWAYS. 7 GEO. V. No. 22, 1916. Japoon Trarmway Act. (g) Sell the whole or any portion of such land in one or more lots by public auction or private contract and on such terms and conditions as the Council may think fit (including power .to take securities for any balance of purchase money or allow such period for payment as the Council may think fit) ; (h) Lease the whole or any portion of such land for such periods and on such terms and conditions as the Council may think fit. + LUCINDA POINT TO HALIFAX ROAD. See ROADS. MOUNT MOLLOY RAILWAY. See RAILWAYS AND TRAMWAYS. RAILWAYS AND TRAMWAYS. Japoon Tramway Act at 1916 Mount Molloy Railway Act at 1917 ., 7 Qeo. V. No. 22 .. 7 Qea. V. No. 29 An Act to Validate an Agreement entered into 7 Geo. ~ between the Corporation of the Treasurer of N; ~: 2. Queensland and the Adelaide Steamship Com - . T~ ~ A pany, Limited, for the Acquirement by the ACT OF 19 6. Treasurer, on behalf of the Government, of the Japoon Tramway with its Appurtenances, and for other consequential purposes. [ASSENTED TO 29TH DECEMBER, 1916.] 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 :- 1. This Act may be cited as "The Japoon Tram- Short title. way Act of 1916." 2. The Agreement entered into on the Seventh day Validation of of December, one th?usand nine hundred and sixteen, ~ ~ : ~ r: : : ~ f between the Corporation of the Treasurer of Queensland Japoon and the Adelaide Steamship Company, Limited, for the Tramway.

7696 RAILWAYS AND TRAMWAYS. Japoon Tramway Act. 7 GEO. V. No. 22, acquirement by the Treasurer from the !,aid company of the Japoon Tramway with its appurtenances, a copy of Schedule I. which Agreement is set forth in the First Schedule t() this Act, and the route of which tramway is delineated Schedule 11. and marked red on the ma,p in the Second Schedule t() this Act, is hereby validated.. Tramway to vest in Treasurer. 3. As from the first day of July, one thousand nine hundred and sixteen, the tramway in the last preceding section mentioned shall be deemed to have been and shall be vested in the said Corporation of the Treasurer of Queensland, and shall be worked and managed by him under and for the purposes of "The Sugar Worles Act of 1911 ,,* and any Act amending or in substitution for that Act. Appropria. . 4. All sums of money which are required for giving tion. effect to thisAct are hereby appropriated for the purpose out of the Consolidated Revenue Fund. SCHEDULE I. THIS INDENTURE made this Seventh day of December One thousand nine hundred and sixteen }3ETWEEN THE ADELAIDE STEAMSHIP COMPANY LIMITED a Joint Stock Company duly incor- porated and registered in Queensland under" The Companies Acts: 1863 to 1909' 't and having its registered office situate at Brisbane in the said State (hereinafter with its successors referred to as " the Company") of the one part and THE CORPORATION OF THE TREASURER OF QUEENSLAND under and for the purpose of " The Sugar Works Act of 1911"* (hereinafter referred to as "the Corporation") of the other part: WHEREAS the Company has for many years past owned and, worked a line of Tramway of a gauge of two feet in the said State known as " The Japoon Tramway" extending from a wharf the property of the Company situated on the northern bank of Maria Creek to the Valley of Liverpool Creek known as Japoon in North Queensland which said line of tramway is constructed partly upon land held by the Company from His Majesty under special leases. numbered respectively 1593 1631 and 1993 and partly upon lands. held by the Company under registered leases numbered respectively N39935 and N57090 and also partly across and upon public roads; under a grant of easements bearing date the fourth day of July One thousand nine hundred and twelve and made by the Council of the Shire of Johnstone a Local Authority duly constituted under "The Local Authorities Act of 1902"t in favour of the Company and has a total length including branches of twelve miles sixty-three chains or thereabouts: * 2 Geo. v. No. 8, supra, page 5211. t 27 Vie. No. 4 and amending Aets,'supra, pages 186 et Beq. t 2 Edw. VII. No. 19, supra, page 1860.

RAILWAYS AND TRAMWAYS. 1916. J apoon Tramway Act. AND WHEREAS the Company has entered into with Japoon Sawmills Limited three Agreements dated the Seventeenth day of April One thousand nine hundred and twelve and a further Agreement dated the eighteenth day of October One thousand nine hundred and twelve which Agreements provide inter alia for- (a) The haulage of timber from the mill of the said Japoon Sawmills Limited to the wharf aforesaid; (b) The haulage of log timber over the said tramway and branches thereof to the said mill; (c) The haulage of gOQds on the said tramway and on a branch tramway constructed from the said tramway by the said Japoon Sawmills Limited; (d) The loading' and transportation of timber at and from the said wharf: AND WHEREAS the Company has agreed to sell to the Corpora- tion and the Corporation has agreed to purchase from the Company at or for the price of Seventeen thousand pounds (£17,000) the said tramway and all appurtenances thereto and all lines rights of way buildings bridges structures sidings tramlines accommodation works wharves appliances rolling-stock equipment and other property whatsoever being chattels real or personal corporeal or incorporeal of the Company or enjoyed by it for or in connection with or appurtenant to the said tramway and all rights claims and demands whatsoever of or by the Company in to or in respect of the said tramway or property AND all rights powers and privi- leges that may belong to or be vested in or exercisable by the Company by reason of or in connection with the said recited leases agreements and grants of easements or in or in connection with any other leases agreements and grants of easements which may be held or enjoyed by the Company in connection with the tramway all of which premises hereinbefore recited are hereinafter collectively referred to as " the tramway": AND WHEREAS on the first day of July One thousand nine hundred and sixteen the Corporation with the concurrence of the Company took possession of the tramway and has since that date worked the same for his own benefit and has agreed to pay all expenses in connection with the working thereof and to repair and maintain the tramway and (in the event of the Enabling Act hereinafter mentioned not being passed by the Parliament of Queensland) to redeliver to the Company the tramway in manner hereinafter set forth: Now THIS INDENTURE WITNESSETH that in consideration of the premises and of the respective terms conditions stipulations covenants and agreements hereinafter contained the said parties do and each of them doth mutually covenant and agree with the other of them in manner following that is to say- (1.) Subject to and conditionally upon the passing by the Parliament of the State of Queensland of an Act (hereinafter called " the Enabling Act") ratifying this Agreement or conferring upon the Corporation the power to enter into this Agreement the Company will assign and transfer. and doth hereby assign and transfer to the Corporation all the right title and interest whatsoever of the v

RAILWAYS AND TRAMWAYS. Japoon Tramway Act. 7 GEO. V. No. 22, Company in or to the tramway such assignment and transfer to take effect from the first day of July One thousand nine hundred and sixteen and this Agreement shall be read and construed to the intent that (subject as aforesaid) on and after that date the tramway shall be and be deemed to be vested in the Corporation and the said special leases registered leases grant of easements and other tenancies of lands over which the tramway is constructed and the said agreements with Japoon Sawmills Limited shall be deemed to be transferred to the Corporation NEVERTHELESS the Corporation may at any time require such formal transfer or surrender of the said leases grant of easements tenancies and agreements or any of them as he may desire The Company will give to the Corporation a good and clear title to the tramway and peaceable possession thereof. (2.) The Corporation shall upon the passing by the Parliament of Queensland of the said Enabling Act and upon the executing and procuring the execution of and the delivery to the Corporation of all such transfers surrenders assignments releases instruments assurances agreements and undertakings as the Minister shall reasonably require and upon the transfer or surrender by the Company to the Corporation of the said leases and upon the assignment of the said agreements with the said Japoon Sawmills Limited and the said grant of easements held by the Company from the said Council of the Shire of Johnstone and upon the transfer surrender or assignment by the Company of all other deeds leases agreements and grants of easements held or enjoyed by the Company in connection with the tramway pay to the Company the said sum of Seventeen thousand pounds (£17;000) in manner following that is to say-the sum of Two thousand pounds in cash and the balance of Fifteen thousand pounds .in and represented by Queensland Government four and one-half per centum debentures which debentures shall be taken to be of that value and shall be free from all income tax imposed or to be imposed by the said State of Queensland Such debentures shall be issued in the name of the Company and shall have a currency of ten years from the first day of July One thousand nine hundred and sixteen and shall not be negotiable for a period of five years from that date The interest on such debentures shall be payable half-yearly on the first day of July and the first day of January in each year at the registered office of the Company in Queensland the first of such payments being payable on the first day of January One thousand nine hundred and seventeen The said debentures shall be redeemable at any time by the Queensland Government .upon giving to the registered holders thereof for the time being respectively three months' previous notice in writing of its intention so to do. (3.) The Company will at all times at the cost and expense of the Corporation execute and do every such lawful agreement transfer aRsignment release instrument assurance or thing as the Corporation may reasonably require for the more effectually transferring to the Corporation the tramway free of all claims mortgages or encumbrances and discharged from all rights claims and demands whatsoever of the Company or of any other Corpora- tion or person whatsoever AND for the more effectually enabling the Corporation to obtain the full benefit of this Agreement the

RAILWAYS AND TRAMWAYS. 1916. Japoon Tramway Act. Company doth hereby by these presents irrevocably nominate constitute and appoint EDWARD GRANVILLE THEODORE the Treasurer of the State of Queensland and his successors in office the true and lawful attorney of the Company at the cost and charges of the Corporation to make and effect any assignment transfer and delivery of the said premises hereinbefore expressed to be hereby assigned and transferred and not passing by law by the effect of the assignment and transfer hereinbefore contained and for that purpose to do and execute all such agreements transfers assign- ments releases instruments assurances and things in that behalf as may be required to perfect this Agreement as aforesaid AND the Company hereby agrees to ratify and confirm all such acts matters and things which the said attorney shall lawfully do in th2 premises by virtue hereof. (4.) The Company will in pursuance of and in conformity in every respect with the agreement for wharfage entered into with the said J apoon Sawmills Limited by the Company in that behalf send a steamer to the wharf at Maria Creek aforesaid at least once in the course of every two weeks from the date of this Agreement l1ntil the Seventh day of April One thousand nine hundred and seventeen and will indemnify and save harmless the Corporation from and against all actions claims demands costs damages expenses and losses which may be made against or incurred by the Corpora- tion by reason or in respect of any breach by the Company of this clause of this Agreement it being the intention of the parties hereto that the obligations and liabilities of the Company under the said agreement for wharfage to send 'a steamer to the said wharf shall remain and be the same in all respects as if this Agree- ment had not been executed. (5.) All rent rates taxes expenses and outgoings due accrued or payable in respect of the tramway shall be paid by the Company up to and including the Thirtieth day of June One thousa-nd nine hundred and sixteen and the Company will indemnify and save harmless the Corporation against all such rent taxes rates expenses and outgoings. (6.) The Company will pay to Arthur John Markwick and George Stopani McDonald trading together as Markwick and MeDonald the sum of Two hundred and fifty pounds for the purchase of certain machinery plant and chattels the property of the said Arthur John Markwick and George Stopani McDonald and now used in connection with the said tramway and as con- sideration for the cancellation by them on the First day of July One thousand nine hundred and sixteen of their agency in connec- tion with the said tramway AND IT IS EXPRESSLY AGREED that the said machinery plant and chattels are included in the property hereinbe'fore set out and expressed to be assigned and transferred as aforesaid AND the Company will at the expense of the Cor- poration perform all such acts matters and things as the Corporation shall reasonably require to have the property of the said machinery plant and chattels vested in the Corporation AND IT IS HEREBY AGREED that the Corporation shall not as against the Company or any other Corporation or person being a successor in interest to the Company ,be bound to fence or otherwise enclose the tram- way or any part thereof or any land O(!cupied or used by the Corporation in connection therewith. 7699

1100 , RAILWAYS AND TRAMWAYS. Japoon Tramway Act. 7 GEO. V. No. 22, (7.) Nothing in this Agreement contained shall be construed to give or confer on the Company or any other Corporation or person any right title or claim to retain have or make any connec- tion or junction with or to retain have construct use or work any siding in connection with the tramway hereby expressed to be transferred to the Corporation or in case the Corporation shall at any time hereafter deviate or alter the route of or remove or discon- tinue the said tramway or any part thereof to give or confer upon the Company or any other Corporation or person any right title or claim to compensation for or in respect of any loss damage injury whatsoever thereby occasioned or alleged so to be. (8.) From and after the said First day of July One thousand nine hundred and sixteen and until the Corporation shall have paid to the Company the said sum of Two thousand pounds and shall have issued and delivered to the Company the said debentures for the said sum of Fifteen thousand pounds in manner herein- before set forth or until the Corporation shall have redelivered to the Company the possession of the tramway in manner hereinafter set forth the Corporation shall pay all expenses and outgoings in connection with the tramway and shall duly and properly repair and maintain the tramway and keep the same in an efficient state of repair AND in the event of the Parliament of Queensland failing to pass the said Enabling Act before the Thirty-first day of December One thousand nine hundred and sixteen or such further date as shall be mutually agreed between the parties the Corporation shall redeliver to the Company the possession of the tramway in good repair and condition and equal in every respect to the con- dition in which the same was on the said First day of July One thousand nine hundred and sixteen. (9.) The Corporation hereby covenants with the Company that from and including the First day of July One thousand nine hundred and sixteen and until the Corporation shall have paid to the Company the said sum of Two thousand pounds and shall have delivered over to the Company the said debentures in manner aforesaid or shall have redelivered to the Company the possession of the tramway as hereinbefore provided and from and after the date of the passing of the said Enabling Act and during the con- tinuance of the term or the respective terms of the said leases agreements and grant of easements the Corporation shall pay the rents reserved by and perform and observe the terms conditions stipulations covenants and agreements contained in the said leases agreements and grant of easements and each of them and on the part of the Company to be performed or observed AND the Cor- poration shall indemnify and save harmless the Company from and against all actions claims demands costs damages expenses and losses which may be made against or incurred by the Company by reason or in respect of the breach by the Corporation of any of the terms conditions stipulations covenants or agreements contained in the hereinbefore recited leases agreements and grant of easements hereinbefore agreed to be assigned or transferred by the Company to the Corporation save and except such parts thereof as do not relate to the tramway that is to say such parts thereof as relate only to the loading of goods from the Maria Creek Wharf to the Company's ships and the carriage thereof on such ships.

RAILWAYS AND TRAMWAYS. 1916. J apoon Tramway Act. (10.) The Corporation shall pay all stamp duty (if any) payable on this agreement. (11.) PROVIDED ALWAYS that save and except the provisions of clauses 8 9 and 10 hereof this Agreement shall have no force Ol" effect whatsoever unless and until the passing by the Parliament of Queensland of the said Enabling Act and it is hereby agreed that if such Act be not passed by the said Parliament no compensa- tion shall be payable by the Company for any outlay incurred by the Corporation in maintaining or improving the tramway. Ilf WITNESS WHEREOF the Common Seal of The Adelaide Steamship Company Limited and the Corporate Seal of The Cor- poration of the Treasurer of Queensland were hereto affixed on the day and year first above written. GIVEN under the Common Seal of the Adelaide Steamship Company Limited this Twenty- eighth day of November in the year 1916 by Minute of the DirectOls of the same day- J. LANCELOT STIRLING, LEONARD W. BAKEWELD, 0) Directors. L. s. ! T. D. HAGGART, _ ~ Secretary. . THE CORPORATE SEAL of) The Corporation of the Trea.surer of Queensland was hereto affixed this Seventh day of December in the yea.r 1916 by EDWARD GRANVILLE THEODORE the Treasurer of Queensland who has also subscribed his name thereto in the presence of- 8 EDWARD G. THEODORE. W. L. FOWLES. 7701