Mossman Tramway Act of 1960 (9 Eliz Ii No. 25) (Qld)

O^ueettslanb 103 ANNO NONO ELIZABETHAE SECUNDAE REGINAE. No. 25. An Act to Validate an Agreement entered into between the Council of the Shire of Douglas and The Mossman Central Mill Company Limited for the Acquirement by the said Company from the said Council of a Line of Tramway with certain of its appurtenances, and for other consequential purposes. [A ssented to 28 th N ovember , I960.] E it enacted by the Queen’s Most Excellent Majesty, B by and with the advice and consent of the Legis­ lative Assembly of Queensland in Parliamentassembled, and by the authority of the same, as follows:— 1. This Act may be cited as “ The Mossman Short Tramway Act of 1960.” 2. In this Act— Definitions. (a) the Agreement means the Indenture made on the twenty-eighth day of July, one thousand nine hundred and sixty, between the Council and the Company for the acquirement by the Company from the

104 Mossman Tramway Act. 9 E liz . II. No. 25, Council of the Mossman Tramway with certain of its appurtenances, a copy of which Agreement is set forth in the Schedule to this Act; (6) the Company means The Mossman Central Mill Company Limited, a company incorporated under “ The Companies Acts, 1931 to 1955 ” ; (c) the Council means the Council of the Shire of Douglas, a Local Authority constituted under “ The Local Government Acts, 1936 to 1959 ” ; and (d) the Mossman Tramway means the line of tramway, with the branch lines therefrom, described in the Agreement. Validation of Agreement. 3. The Agreement is hereby validated. Mossman 4. (1.) As from the first day of January, one Tversatmedwiany thousand nine hundred and fifty-nine— Company, and power c Company to manage, &c., the (а) the Mossman Tramway shall be deemed to have been and shall be vested in the Company; and same. (б) the Company shall be deemed to have been and is hereby authorised and empowered to manage, maintain and work the Mossman Tramway. (2.) This section applies so as not to limit or prejudice the power or authority of the Company to manage, maintain or work the Mossman Tramway in accordance with the powers and authorities conferred upon it as the owner of a sugar mill under “ The Regulation of Sugar Cane Prices Acts, 1915 to 1954,” or any other powers or authorities thereunto enabling it. Easements. 5. As from the first day of January, one thousand nine hundred and fifty-nine, the Company shall be deemed to have had and shall have an easement for tramway purposes for a distance of eight feet on either side from the centre of the tram rails over and across all lands on which the Mossman Tramway or any part thereof is situated.

1960. Mossman Tramway Act. 105 6. With respect to any part of the Mossman Application Tramway which is in, along, across, under, or oyer any Goteri^ent road or bridge under the control of the Council, the Acts, provisions of “ The Local Government Acts , 1936 to 1959,” shall apply subject to this Act and the Agreement. 7. With respect to any part of the Mossman Application Tramway which is in, along, across, under, or over^^^JJJj any declared road or any bridge pertaining to any declared road under and within the meaning of “ The Main Roads Acts9 1920 to 1959,” this Act and the Agreement shall apply subject to “ The Main Roads Acts , 1920 to 1959.” SCHEDULE. Schedule. T his I ndenture is made the. twenty-eighth day of July, One thousand nine hundred and sixty, between T he C ouncil of the S hire of D ouglas a Local Authority duly constituted under the Local Government Acts of Queensland and having its public office at Mossman in the State of Queensland (hereinafter with its successors referred to as “ the Council ”) of the O ne part, and T he M ossman C entral M ill C ompany L imited a Company duly incorporated and registered under the Companies Acts and having its registered office at Mossman aforesaid (hereinafter with its successors referred to as “ the Company ”) of the O ther part: W hereas the Council has for many years past owned and worked a line of tramway of a gauge of two feet in the Shire of Douglas known generally as the “ Council Tramway Undertaking ” extending from a wharf the property of the Council situated on the southern bank of Dickson Inlet at Port Douglas to the point at which the said Council Tramway connects with the Company’s tramline at the points known as “ Pringle’s Points ” situate on Portion 135, County of Solander, Parish of Victory, with branch lines therefrom known as (a) the Mowbray Branch Line running from a point on the said Council Tramway known as “ Thompson’s Angle ”, to and through the Mowbray cane-growing area and (b) the Cassowary Branch Line running from a point on the said Council Tramway known as the “ Cassowary Angle ” and running to and through the Cassowary cane-growing area which said line of tramway is constructed (along the route marked in red on the Plan set out in the First Schedule hereinafter appearing) partly upon and across public roads, partly upon and across Crown Lands, and partly upon and across lands held by various owners in fee simple, in the Parishes of Salisbury, Mowbray, and Victory, and has a total length (including branches) of twenty miles or thereabouts :

106 Mossman Tramway Ad. 9 E liz . II. No. 25, A nd W hereas as a part of, and incidental to the working of, such Tramway Undertaking, the Council is the owner, in addition to the said wharf, of a workshop and machinery therein at Port Douglas aforesaid, two locomotives, and other rolling-stock and tramway materials (including new rails and sleepers, fishplates, dog-spikes, bolts and nuts) as well as the existing lines of tramway and other materials and plant and accessories used in and in connection with the working of the said Tramway Undertaking : A nd W hereas the Company carries on the business of sugar­ cane-milling at Mossman aforesaid and, incidental to such business, owns and operates other lines of tramway within the said Shire which are used for the transporting of sugar-cane from various sugar-cane­ growing areas in the Mossman Mill area to the Mossman Central Sugar Mill for crushing and treatment: A nd W hereas in past years (including the year One thousand nine hundred and fifty-eight) the Company has, upon the basis of the payment to the Council of running rights as fixed from year to year, used a part of the Council Tramway for the transporting to the said Mill of sugar-cane from areas adjacent to the tramlines of the Council Tramway Undertaking and for the transport, also, to the Company’s mill yard of cordwood used by the Company as firewood : A nd W hereas (subject to and conditionally upon the passing of the Enabling Act hereinafter mentioned) the Council has agreed to sell to the Company and the Company has agreed to purchase from the Council, for the consideration hereinafter mentioned, the said Council Tramway Undertaking and (with the express exception of the said wharf and the said workshop building and the machines in such building, which are reserved from this sale by the Council) all appurtenances thereto and all lines, buildings, bridges, structures, sidings, tramlines, appliances, rolling-stock, equipment, tools, and other property whatsoever (being chattels real or personal, corporeal or incorporeal) of the Council or enjoyed by it for or in connection with or appurtenant to the said Council Tramway Undertaking, and all rights claims and demands whatsoever of or by the Council in to or in respect of the said Tramway or property (all of which premises hereinbefore recited, with the exceptions as above stipulated, are hereinafter collectively referred to as “ the Tramway ”): A nd W hereas on the first day of January One thousand nine hundred and fifty-nine the Company with the concurrence of the Council took possession of the Tramway (with the exception of certain parts of the rolling-stock equipment and tools as hereinafter mentioned) and has since that date worked the same for its own benefit U pon the U nderstanding (which is confirmed by these presents) that the Company would as from that date 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 re-deliver to the Council the Tramway in manner hereinafter set forth:

1960. Mossman Tramway Act. Now T his I ndenture W itnesseth 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 M utually C ovenant and A gree with the other of them in manner following that is to say :— 1. S ubject to and conditionally upon the passing by the Parliament of the State of Queensland of an Act (in these presents called “ the Enabling Act ”) ratifying this Agreement or conferring upon the Council the power to enter into this Agreement, and creating, in such Act, tramway easements to the satisfaction of the Central Sugar Cane Prices Board giving to the Company free right at all times to use the said Tramway so long as required by the Company, which easements shall cover (for a width of a distance of eight feet on either side from the centre of the tram rails) the entire length of the tramway system whether on public roads, Crown land, or lands held by any person or persons in fee simple, the Council will assign and transfer and doth hereby assign and transfer to the Company the Tramway as hereinbefore defined and all the right title and interest whatsoever of the Council therein, such assignment and transfer to take effect from the first day of January One thousand nine hundred and fifty-nine 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 Company. The Council will give to the Company a good and clear title to the Tramway and peaceable possession thereof. 2. W hereas there are detailed in the Second Schedule to these presents the Tramway Loans included in the Council’s Tramway Fund as at the first day of January One thousand nine hundred and fifty- nine, for the payment of which Loans and interest thereon the Council is responsible. A nd W hereas on the negotiations for the within sale and transfer it was agreed that, by way of consideration for such sale and transfer, the Company would make itself responsible for the payment of, and would pay to the Council, all interest and redemption payments on such Tramway Loans as detailed in the said Second Schedule hereto (subject to the provision hereinafter mentioned in the case of unexpended Loans as at the thirty-first day of December One thousand nine hundred and fifty-eight) and would in addition pay to the Council five annual instalments of Two T housand P ounds (£2,000) each on or before the thirty-first day of August in each of the years 1959, 1960, 1961, 1962, and 1963, A nd W hereas the said instalment of £2,000 for the year 1959 has already been paid by the Company to the Council (as the Council doth acknowledge by its execution of these presents). Now it is H ereby E xpressly A greed between the Company and the Council that, pursuant to such agreement and by way of consideration and to the intent that the payments as in this Clause provided (including the amount of £2,000 already paid during 1959 as hereinbefore mentioned) shall be in full payment for the within sale and transfer of the Tramway, the Company will (a) at least seven days before the same shall respectively be due for payment, pay from time to time to the Council each and every instalment of principal and interest, or, as the case may be, of principal or interest, due and payable 107

108 Mossman Tramway Act . 9 E liz . II. No. 25, by the Council on the said Tramway Loans (with the exception, in the case of any particular Loan or Loans, of any amount thereof remaining unexpended by the Council as at the thirty-first day of December One thousand nine hundred and fifty-eight, but allowing therein for any amounts for proportion of administrative costs and expenditure on sleeper contracts as mentioned in Clause 4 of these presents), and (b) pay to the Council the sum of Two T housand P ounds (£2,000) on or before the thirty-first day of August in each of the years 1959, 1960, 1961, 1962 and 1963, such amounts to be paid free of exchange at Mossman aforesaid. It is agreed, in anticipation of (and expressly subject to) the passing by the Parliament of the State of Queensland of the Enabling Act, that in relation to the obligation of the Company under sub­ paragraph (a) of this present Clause 2 in respect of payments of the amounts of instalments in relation to the said Loan liabilities, the Company will on or before the signing of these presents pay to the Council such money on account of such liability as shall be sufficient to balance the Council’s Tramway Budget at that time to the satisfaction of a Government Auditor S ubject A lways to the obligation of the Council to refund to the Company such money so paid if subsequently to the payment thereof the within sale shall become null and void by reason of the refusal (or the failure within the time hereinafter stipulated) of the said Parliament to pass such Enabling Act as aforesaid, such money to be refundable (in addition to any other monies refundable to the Company hereunder) forthwith upon such refusal or, as the case may be, upon the expiration of suc I k stipulated time. Time shall, in relation to the payments to be made by the Company hereunder, be deemed to be of the essence of the contract. 3. T he agreements contained in the following provisions of this * Clause are further agreed as being express conditions of the within sale :— (a) Whereas the Tramway includes three dual-purpose bridges known respectively as Jones’ Bridge and Devecchi’s Bridge on the Cassowary Line and Wedge’s Bridge on the Mowbray Line, if the Company shall at any time cease to haul cane by tramline over any one or more of such Bridges T hen (and notwithstanding anything herein contained) such Bridge, or respective Bridges as the case may be, shall immediately upon the Company’s so ceasing to haul cane by tramline thereover be handed back free of charge by the Company to the Council (the term “ cease to haul cane by tramline ” used in this Clause being deemed to mean the permanent ceasing so to haul cane, and not merely an interruption of such hauling as the result of some temporary cause or the completion for a particular season of the harvesting of sugar-cane required to be hauled over such bridge or respective bridges). During such time as such respective bridges shall be used by the Company for the hauling of cane by tramline thereover, the basis for the maintenance of such bridges shall remair

1960. Mossman Tramway Act . the same as that now and immediately hitherto subsisting, by mutual agreement between the Company and the Council, for the maintenance of dual-purpose bridges on the Company’s tramlines, namely that the Council is responsible for construction and maintenance of any additional structure required thereon for road purposes and not essential for tramway purposes, and that all other construction and maintenance on such bridge is the responsibility of the Company. (b) Whereas the Council proposes approaching the Sugar Board for compensation for loss in value of the Tramway caused as the result of the adoption (as from the commencement of the 1958 harvesting season) of the transportation of raw sugar from Mossman Central Sugar Mill to Cairns by road transport in lieu of the previous method of lighterage through Port Douglas, the Company will support the Council in such approach, and agrees that the decision as to how any such compensation monies so received shall be spent or disposed of will be a matter for the Council, without any limitations or conditions by the Company. (c) As to any of the tramlines of the said Tramway which run on roads under the control of the Council, the Council doth hereby give to the Company and its agents servants contractors and invitees at all times hereafter so long as the Company shall desire to continue the use of such tramlines, full and free right of way (by day or by night) with or without locomotives rolling-stock plant nmchinerv implements and appliances to pass along any such for the purposes of the use of such tramlines, such rigntv of way to cover such road area for the full length thereon of the said tramline and for a width of a distance of eighth feet on either side from the centre of the tram rails A nd the Council agrees that (subject to, and preserving to the Council its rights under, Section 35 (24) of “ The Local Government Acts , 1936 to 1958 ”) the Company shall have and at all times while it shall so require or use the said tramlines be deemed to have, and, within the meaning of and for the purposes of the operation in regard thereto of Section 41 of “ The Regulation of Sugar Cane Prices Acts , 1915 to 1954,” shall have and be deemed to have always had since the construction of the said Tramline, an easement for tramway purposes on and along such roads for the said width of a distance of eight feet on either side from the centre of the tram rails and for the entire length of the tramlines on such roads. 4. T he Tramway is, for the consideration hereinbefore mentioned, sold to and purchased by the Company free of encumbrances and charges other than the payments and obligations imposed upon the Company by the terms of these presents, and the Council will indemnify and keep harmless the Company against all expenses and outgoings in respect of the Tramway, incurred prior to the thirty-first day of December, 1958, other than as expressly declared to be payable by the Company by the terms of these presents. The Council will also, upon payment from time to time by the Company of the respective 109

110 Mossman Tramway Act. 9 E liz . II. No. 25, instalments payable in respect of the said Tramway Loan liabilities, pay such instalments on such respective Loans on or before the respective due dates for payment thereof. Notwithstanding anything hereinbefore contained, it is expressly agreed that the proportion of administrative costs relative to the Tramway Fund up to the thirty-first day of December, 1958 (as ascertained by apportionment by the Council at the end of the 1958-59 financial year to the satisfaction of a Government auditor) and also amounts paid by the Council after the thirty-first day of December, 1958 on sleeper contracts relative to the Tramway Undertaking, shall be deemed to be part of the liability assumed by the Company A nd P rovided F urther that any sleepers delivered pursuant to any such sleeper contracts shall be deemed to be part of the assets of the Tramway being sold to the Company hereunder. 5. F or the purposes of identification there is set out in the Third Schedule to these presents a list of the chattels passing with this sale under the heading of rolling-stock equipment and tools, such list being subdivided into divisions showing (a) those which have already been delivered to the Company pursuant to the arrangement as hereinbefore mentioned for the taking over by the Company of the working and maintenance of the tramline from the first day of January One thousand nine hundred and fifty-nine, and (b) those yet to be delivered to the Company. 6 . As to the tramlines of the said tramway system running on and along the said wharf at Port Douglas, the Company agrees that it will at its own expense (within one calendar month after being so requested by the Council) lift such tramlines and remove them from the said wharf. 7. T he Company shall not as against the Council or any other corporation or person being a successor in interest to the Council be bound to fence or otherwise enclose the Tramway or any part thereof or any land occupied or used by the Company in connection therewith. 8 . N othing contained in this Agreement shall be construed to give or confer on the Council or any other Corporation or person any right title or claim to retain have or make any connection 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 Company, or, in case the Company shall at any time hereafter deviate or alter the route of or remove or discontinue the said tramway or any part thereof, to give or confer upon the Council or any other Corporation or person any right title or claim to compensation for or in respect of any loss damage or injury whatsoever thereby occasioned or alleged so to be. 9. T he within agreement for sale of the Tramway by the Council to the Company being expressly subject, as hereinbefore stated, to the passing by the Parliament of the State of Queensland of the Enabling Act as hereinbefore mentioned, and having no force or effect unless and until the passing (within the time hereinafter stipulated) of such Enabling Act, it is hereby expressly agreed and declared that in the event of the said Parliament (a) refusing to pass such Act, or

1960. Mossman Tramway Act. (6) failing to pass such Act before the thirty-first day of December 1960 or such later date as shall be mutually agreed between the Company and the Council then (by reason of such refusal, or failure by the date hereinbefore provided, to pass such Enabling Act) these presents shall, so far as relates to a sale of the Tramway by the Council to the Company, be and at all times deemed to have been null and void and of no effect A nd I n S uch C ase and forthwith upon the refusal to pass such Act (evidence whereof shall be the notification by the appropriate Officer of the Crown of the fact of such refusal) or, as the case may be, the failure to pass such Act by the date as provided by the abovewritten sub-paragraph (6) of this Clause (i.) the Company shall and will re-deliver to the Council the said Tramway, and such of the various chattels and other assets included therein as have theretofore been delivered to the Company, in at least as good order repair and condition as at the first day of January One thousand nine hundred and fifty-nine (subject always to fair wear and tear and damage by Act of God or act of the Queen’s enemies); (ii.) the Council shall and will repay to the Company the amounts of any actual expenditure incurred by the Company in repairs and maintenance of the Tramway or any part or parts of the chattels or other assets included therein, and will also repay to the Company any amount or amounts (if any) which shall have been paid by the Company, pursuant to Clause 2 of these presents, in and under the obligations set out in sub-paragraphs (a) and (6) of that Clause or either of them ; and (iii.) the Company will pay to the Council, in respect of the use by the Company of the Tramway between the first day of January One thousand nine hundred and fifty-nine and the date of such re-delivery of the Tramway to the Council, running rights in respect of such use of the Tramway at the same rates as were paid by the Company during the 1958 harvesting season for Mossman Mill area or at such other rates in substitution therefor as shall be mutually agreed between the Company and the Council. Except so far as relates to the obligations for re-delivery of the Tramway as aforesaid by the Company to the Council, and for the payment of the respective amounts as provided in sub-paragraphs (ii.) and (iii.) hereinbefore appearing in this Clause, neither party hereto shall have any claim or right of action against the other of them, whether for damages, compensation, or otherwise, in respect of the nonfulfilment of the said contract for sale of the Tramway, consequent upon such refusal or failure as aforesaid by the Parliament of the © State of Queensland to pass the said Enabling Act, such contract for sale having, as hereinbefore agreed, no force or effect unless and until the passing (within such stipulated time as aforesaid) of such Enabling Act. Ill

112 Mossman Tramway Act. 9 E liz . II. No. 25, 10. I t I s expressly agreed and declared that (subject to the passing as aforesaid of the Enabling Act) the within Contract of Sale sets out the entire agreement between the parties hereto in relation to the sale of the Tramway, and that all obligations of either party to the other of them in respect of the said sale of the Tramway shall be as set out herein and not otherwise. 11. T he Company shall pay the costs and expenses of the preparation and stamping of this Indenture. I n W itness W hereof the Common Seal of the said T he C ouncil of the S hire of D ouglas and the Common Seal of the said T he M ossman C entral M ill C ompany L imited have been respectively hereto affixed on the day and year first hereinbefore written. THE FIRST SCHEDULE HEREINBEFORE MENTIONED.

Mossman Tramway Act. o oo CO 00 t H o o o o Ci C* iO lO l> C i— O H p H ^ 00 l ^ > i o «H CO ^ l> CO 00 CO a o CO CO CO O O CO p H t H O CO 00 CO CO pH H CO 1- t < M 00 l> 00 CO r* <M ^ 05 O H O O 00 C ^ O 00 CO c 0 o 0 O r- 00 00 CM i—I CO HO CO O CO ^ O CO 00 CO 00 CO O 00 I> h lO CO CO CO O 00 CO l> CO HHWCO t> ^ CO ^ lO 00 00 05 S tatement of L oans as at 31 st D ecember , 1958 . T ramway F und . THE SECOND SCHEDULE HEREINBEFORE MENTIONED . ocq^ Crt oo o o ©© aaa c3 o3 o 0 0 Ttl lO CO no o

114 Mossman Tramway Act . 9 E liz . II. No. 25, THE THIRD SCHEDULE HEREINBEFORE MENTIONED. U sed T ools A lready T ransported to M ill : 4 pairs Lifting Tongs ; 3 only Gauges ; 1 only Goose Neck; 3 only Spiking Hammers ; 2 only 10 lb. D.E. Hammers ; 2 only Crows ; 1 only Template ; 16 only used Shovels ; 11 only used Hoes; 8 only Brush Hooks (used); 1 only Adze ; 2 only used D.E. Picks ; 1 only used Clawbar. I tems of S tock A lready T ransported to the M ill : 4 30 lb. Switches ; 1 set 40 lb. V Rails ; 4 45 lb. Chairs; 9 Cast Iron Points Chairs ; 9 Cast Iron Tumbler Blocks ; 8 bags 3" x 11/16" Cup Oval Fish Plate Bolts ; 95 bags 4J"x9/16" Dog Spikes; 16 bags 2|" x §" Cup Oval Fish Plate Bolts ; 16 4-gallon tins assorted Fish Plate Bolts ; 9 bags assorted Fish Plate Bolts ; 1 case assorted Fish Plate Bolts ; 8 bags assorted Fish Plate Bolts; 3 bags 3" x 11/16" Oval Neck Fish Plate Bolts ; 2 bags 2" x \n Cup Oval Fish Plate Bolts ; 1 bag 3" x §" Cup Nib Fish Plate Bolts ; 1 bag 3" x -§" Cup Oval Fish Plate Bolts ; 114| pairs 45 lb. Fish Plates ; 73 pairs 40 lb. Fish Plates ; 192J pairs 30 lb. Fish Plates 14J" long ; 165| pairs 30 lb. Fish Plates 16J" long ; 1 Drum Spring Washers ; 1 bag I" Black Iron Washers ; 1 only Boiler Pressure Testing Pump; 52 Tarpaulins—assorted sizes; 1 Railway Lifting Jack ; 1 Sewing Machine—damaged condition; 62 Steel Boiler Tubes—8' 4" x If" diameter; 1 Steel Boiler Tube—11' 6" x If" diameter ; 6 Steel Boiler Tubes —21' 4" x If" diameter; 1 Steel Boiler Tube— 19' 5" x If" diameter ; 1 Brass Boiler Tube—6' x If" diameter ; 7 Brass Boiler Tubes—8' 1 x If" diameter ; 1 Brass Boiler Tube—8' 7" x If" diameter; 1 Brass Boiler Tube—7' 6" x If" diameter ; 1 f" Injector ; 2 Gauge Glass Mountings; 27 Firebars; 4 Firebar Supports; 8 Spring Hangers; 4 Perry Springs; 1 Fowler Spring ; 4 Spiral Perry Springs ; 16 large Buffer Spiral Truck Springs; 14 small Buffer Spiral Truck Springs ; 2 small Buffer Springs Spiral; 5 Buffer Springs Spiral—miscellaneous; 11 Mild Steel Buffer Plates; 3 complete Truck Buffers ; 6 C.I. Bogie Plates ; 12 C.I. Brake Blocks—Perry Loco.; 23 C.I. Brake Blocks— Fowler Loco.; 16 Truck Bearings.

1960. Mossman Tramway Act. I tems of S tock R emaining to be T ransported to M ill : New Rails and Sleepers (not old sleepers); Fish Plates ; Fish Plate Bolts and Nuts ; Dog Spikes ; 2 Locomotives ; 2 Locomotive Tenders ; 60 Waggons (request by Council to retain one steel truck as portable welding frame); Rail Motor—model A Ford Jigger; Royal Enfield Jigger; 2 lengths 3J D Round Steel; 10 lengths 3J D Round Steel (short lengths) ; Maintenance Gangers’ Tools; 1 sheet Steam Packing; 1 box Patterns (Locos, and trucks) ; All tramways ; 3 lengths 6 x f Buffer Steel; 3 lengths 2x2 Buffer Steel; 4 Jinkers ; 1 Flat-top Truck ; 14 3§" rd. Steel Truck Frames ; 3 length 4 x §" Flat Mild Steel; 3 set Sugar Waggon Wheels ; 8" x 4" Crossing Timber :—31 pieces—14/10' ; 2/12' ; 6/9'; 5/8'; 4/7'; 40 pieces—2/14'; 4/12'; 15/10'; 6/9'; 5/8' ; 4/7' ; 2/6' ; l/6f ; 1/11'. U sed T ools R emaining to be T ransported to M ill : 6 single-end Spanners ; 1 Ratchet Drill; 1 x 18" Shifting Spanner; 4 x f" Augers; 1 x §" Auger ; 14x9/16" Augers ; 1 Cold Chisel; 1x2 lb. Hammer ; 6 Cold Sets ; 1 Rail Clamp ; 1 x 10 lb. Hammer Head ; 7 Rail Gauges ; 2 Rail Jacks ; 2 Adzes ; 6 Beaters ; 2 Jack Handles ; 5 Pick Heads ; 7 Picks ; 1 Spirit Level; 1 Cant Block ; 7 Hoes ; 4 Jiggers ; 2 Claw Bars ; 1 Spreader Bar ; 7 Shovels ; 5 Drills ; 1 small Claw ; 1 Mattock ; 4 Pigs Feet; 2 Slogging Hammers; 1 Pulling Bar ; Eccentric Rail Bender. 115 It is agreed that 12 tarpaulins, which were part of the stocks of the Council Tramway Undertaking, are excluded from sale and retained by the Council, the Council on its part agreeing to credit its Tramway Fund with an amount equal to five pounds (£5) per tarpaulin in respect of such tarpaulins so retained. T he C ommon S eal of T he C ouncil ’' of T he S hire of D ouglas was hereunto affixed the twenty-ninth day of July, 1960 under the hand l of Ernest William Berzinski, Chairman of the said Council, in the presence of— J .... E. W. BERZINSKI ( l . s .) R. J. I ves .

116 Mossman Tramway Act. 9 E liz . II. No. 25, 1960. I H ereby C ertify that the Common Seal of T he C ouncil of T he S hire of D ouglas was hereto affixed by me, and that I am the proper officer duly authorised in that behalf. R. J. I ves , Acting Shire Clerk. G iven under the Common Seal of ^ T he M ossman C entral M ill C ompany L imited by order of the Board of Directors on the twenty-eighth day of July, > 1960 under the hands of the Secretary and Edward Joseph O’Brien and Walter Herbert Mullavey two Directors of the said Company, in the presence J of- L. P rince , J.P. E. J. O’BRIEN WALTER MULLAVEY J. A. B. COCKBURN (L.S.) By Authority: S. G. R eid , Government Printer, Brisbane— 1960